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10 U.S.C. § 8633 — Auxiliary vessels: extended lease authority

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8633 — Auxiliary vessels: extended lease authority

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Stable record: federal_law:legal_authorities:record_usc_915dc48c7cd2923ab5b3b391
Source file: Laws/federal/codes/united-states-code/title-10/section-8633-auxiliary-vessels-extended-lease-authority--19fa27af5c.md
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Source location: Title 10, Chapter 861, § 8633; chapter-861-secretary-of-the-navy-miscellaneous-powers-and-duties.md

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**(a) Authorized Contracts.—** Subject to subsection (b), the Secretary of the Navy may enter into contracts with private United States shipyards for the construction of new surface vessels to be acquired on a long-term lease basis by the United States from the shipyard or other private person for any of the following: (1) The combat logistics force of the Navy. (2) The strategic sealift force of the Navy. (3) Other auxiliary support vessels for the Department of Defense. **(b) Contracts Required To Be Authorized by Law.—** A contract may be entered into under subsection (a) with respect to a specific vessel only if the Secretary is specifically authorized by law to enter into such a contract with respect to that vessel. As part of a request to Congress for enactment of any such authorization by law, the Secretary of the Navy shall provide to Congress the Secretary’s findings under subsection (g). **(c) Term of Contract.—** In this section, the term “long-term lease” means a lease, bareboat charter, or conditional sale agreement with respect to a vessel the term of which (including any option period) is for a period of 20 years or more. **(d) Option To Buy.—** A contract entered into under subsection (a) may include options for the United States to purchase one or more of the vessels covered by the contract at any time during, or at the end of, the contract period (including any option period) upon payment of an amount equal to the lesser of (1) the unamortized portion of the cost of the vessel plus amounts incurred in connection with the termination of the financing arrangements associated with the vessel, or (2) the fair market value of the vessel. **(e) Domestic Construction.—** The Secretary shall require in any contract entered into under this section that each vessel to which the contract applies— (1) shall have been constructed in a shipyard within the United States; and (2) upon delivery, shall be documented under the laws of the United States. **(f) Vessel Operation.—** (1) The Secretary may operate a vessel held by the Secretary under a long-term lease under this section through a contract with a United States corporation with experience in the operation of vessels for the United States. Any such contract shall be for a term as determined by the Secretary. (2) The Secretary may provide a crew for any such vessel using civil service mariners only after an evaluation taking into account— (A) the fully burdened cost of a civil service crew over the expected useful life of the vessel; (B) the effect on the private sector manpower pool; and (C) the operational requirements of the Department of the Navy. **(g) Contingent Waiver of Other Provisions of Law.—** (1) The Secretary may waive the applicability of subsection (b)(2) of section 3672 and [section 3675 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3675&num=0&edition=prelim) to a contract authorized by law as provided in subsection (b) if the Secretary makes the following findings with respect to that contract: (A) The need for the vessels or services to be provided under the contract is expected to remain substantially unchanged during the contemplated contract or option period. (B) There is a reasonable expectation that throughout the contemplated contract or option period the Secretary of the Navy (or, if the contract is for services to be provided to, and funded by, another military department, the Secretary of that military department) will request funding for the contract at the level required to avoid contract cancellation. (C) The timeliness of consideration of the contract by Congress is such that such a waiver is in the interest of the United States. (2) The Secretary shall submit a notice of any waiver under paragraph (1) to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. **(h) Source of Funds for Termination Liability.—** If a contract entered into under this section is terminated, the costs of such termination may be paid from— (1) amounts originally made available for performance of the contract; (2) amounts currently available for operation and maintenance of the type of vessels or services concerned and not otherwise obligated; or (3) funds appropriated for those costs.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3675 — Capital lease or lease-purchase treated as an acquisition

**(a) In General.—** If a lease or charter covered by this chapter is a capital lease or a lease-purchase— (1) the lease or charter shall be treated as an acquisition and shall be subject to all applicable statutory and regulatory requirements for the acquisition of aircraft, naval vessels, or combat vehicles; and (2) funds appropriated to the Department of Defense for operation and maintenance may not be obligated or expended for the lease or charter. **(b) Definitions.—** In this section, the terms “capital lease” and “lease-purchase” have the meanings given those terms in Appendix B to Office of Management and Budget Circular A–11, as in effect on January 6, 2006.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3678 — Repealed. Pub. L. 119–60, div. A, title VIII, § 811(a)(6), Dec. 18, 2025, 139 Stat. 948]

### Statutory Notes Section, added and amended Pub. L. 116–283, div. A, title XVIII, § 1825(a), (j), Jan. 1, 2021, 134 Stat. 4206, 4208, related to contracts with terms of 18 months or more: limitation. #### Leases for Tanker Aircraft Under Multiyear Aircraft-Lease Pilot Program Pub. L. 107–314, div. A, title I, § 133, Dec. 2, 2002, 116 Stat. 2477, which provided that the Secretary of the Air Force could not enter into a lease for the acquisition of tanker aircraft for the Air Force under section 8159 of div. A of Pub. L. 107–117 ([10 U.S.C. 3671](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3671&num=0&edition=prelim) note) until certain requirements were met, was repealed by Pub. L. 119–60, div. A, title VIII, § 811(b)(19)(A), Dec. 18, 2025, 139 Stat. 949.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3678

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3671 — Requirement for authorization by law of certain contracts relating to vessels, aircraft, and combat vehicles

**(a)** (1) The Secretary of a military department may make a contract for the lease of a vessel, aircraft, or combat vehicle or for the provision of a service through use by a contractor of a vessel, aircraft, or combat vehicle only as provided in subsection (b) if— (A) the contract will be a long-term lease or charter; or (B) the terms of the contract provide for a substantial termination liability on the part of the United States. (2) The Secretary of a military department may make a contract that is an agreement to lease or charter or an agreement to provide services and that is (or will be) accompanied by a contract for the actual lease, charter, or provision of services only as provided in subsection (b) if the contract for the actual lease, charter, or provision of services is (or will be) a contract described in paragraph (1). **(b)** (1) The Secretary may make a contract described in subsection (a)(1) if— (A) the Secretary has been specifically authorized by law to make the contract; (B) before a solicitation for proposals for the contract was issued the Secretary notified the congressional defense committees of the Secretary’s intention to issue such a solicitation; (C) the Secretary has notified those committees of the proposed contract and provided a detailed description of the terms of the proposed contract and a justification for entering into the proposed contract rather than providing for the lease, charter, or services involved through purchase of the vessel, aircraft, or combat vehicle to be used under the contract, and a period of 30 days of continuous session of Congress has expired following the date on which notice was received by such committees; and (D) the Secretary has certified to those committees— (i) that entering

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3671

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3681 — Leasing of commercial vehicles and equipment

The Secretary of Defense may use leasing in the acquisition of commercial vehicles and equipment whenever the Secretary determines that such leasing is practicable and efficient.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3681

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 803 — Commissioned officers of the Army, Air Force, or Space Force: forfeiture of pay when dropped from rolls

A commissioned officer of the Army, the Air Force, or the Space Force who is dropped from the rolls under [section 1161(b) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1161/b&num=0&edition=prelim) for absence without authority for three months forfeits all pay due or to become due.

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 803

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 7233 — Requirement of exemplary conduct

All commanding officers and others in authority in the Army are required— (1) to show in themselves a good example of virtue, honor, patriotism, and subordination; (2) to be vigilant in inspecting the conduct of all persons who are placed under their command; (3) to guard against and suppress all dissolute and immoral practices, and to correct, according to the laws and regulations of the Army, all persons who are guilty of them; and (4) to take all necessary and proper measures, under the laws, regulations, and customs of the Army, to promote and safeguard the morale, the physical well-being, and the general welfare of the officers and enlisted persons under their command or charge.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7233

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8633 — Auxiliary vessels: extended lease author-

Page 3315 TITLE 10—ARMED FORCES § 8633 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8633. Auxiliary vessels: extended lease author- ity (a) AUTHORIZED CONTRACTS.—Subject to sub- section (b), the Secretary of the Navy may enter into contracts with private United States ship- yards for the construction of new surface vessels to be acquired on a long-term lease basis by the United States from the shipyard or other private person for any of the following: (1) The combat logistics force of the Navy. (2) The strategic sealift force of the Navy. (3) Other auxiliary support vessels for the Department of Defense. (b) CONTRACTS REQUIRED TO BE AUTHORIZED BY LAW.—A contract may be entered into under subsection (a) with respect to a specific vessel only if the Secretary is specifically authorized by law to enter into such a contract with re- spect to that vessel. As part of a request to Con- gress for enactment of any such authorization by law, the Secretary of the Navy shall provide to Congress the Secretary’s findings under sub- section (g). (c) TERM OF CONTRACT.—In this section, the term ‘‘long-term lease’’ means a lease, bareboat charter, or conditional sale agreement with re- spect to a vessel the term of which (including any option period) is for a period of 20 years or more. (d) OPTION TO BUY.—A contract entered into under subsection (a) may include options for the United States to purchase one or more of the vessels covered by the contract at any time dur- ing, or at the end of,

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 8633

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