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10 U.S.C. § 3672 — Requirement of specific authorization by law for appropriation, and for obligation and expenditure, of funds for certain contracts relating to aircraft, naval vessels, and combat vehicles
Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitation.—** Funds may not be appropriated for any fiscal year to or for any armed force or obligated or expended for—
(1) the long-term lease or charter of any aircraft, naval vessel, or combat vehicle; or
(2) for the lease or charter of any aircraft, naval vessel, or combat vehicle the terms of which provide for a substantial termination liability on the part of the United States,
unless funds for that purpose have been specifically authorized by law.
**(b) Matter to Be Submitted to Congress.—**
(1) Whenever a request is submitted to Congress for the authorization of the long-term lease or charter of aircraft, naval vessels, or combat vehicles or for the authorization of a lease or charter of aircraft, naval vessels, or combat vehicles which provides for a substantial termination liability on the part of the United States, the Secretary of Defense shall submit with that request an analysis of the cost to the United States (including lost tax revenues) of any such lease or charter arrangement compared with the cost to the United States of direct procurement of the aircraft, naval vessels, or combat vehicles by the United States.
(2) Any such analysis shall be reviewed and evaluated by the Director of the Office of Management and Budget and the Secretary of the Treasury within 30 days after the date on which the request and analysis are submitted to Congress. The Director and Secretary shall conduct such review and evaluation on the basis of the guidelines issued pursuant to [section 3676 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3676&num=0&edition=prelim) and shall report to Congress in writing on the results of their review and evaluation at the earliest practicable date, but in no event more than 45 days a
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Stable record: federal_law:legal_authorities:record_usc_e321ca3fe6580aa1ff1c6e58
Source file: Laws/federal/codes/united-states-code/title-10/section-3672-requirement-of-specific-authorization-by-law-for-appropriation-and-for-o--3707759886.md
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Source location: Title 10, Chapter 257, § 3672; chapter-257-contracts-for-long-term-lease-or-charter-of-vessels-aircraft-and-combat-vehicles.md
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**(a) Limitation.—** Funds may not be appropriated for any fiscal year to or for any armed force or obligated or expended for—
(1) the long-term lease or charter of any aircraft, naval vessel, or combat vehicle; or
(2) for the lease or charter of any aircraft, naval vessel, or combat vehicle the terms of which provide for a substantial termination liability on the part of the United States,
unless funds for that purpose have been specifically authorized by law.
**(b) Matter to Be Submitted to Congress.—**
(1) Whenever a request is submitted to Congress for the authorization of the long-term lease or charter of aircraft, naval vessels, or combat vehicles or for the authorization of a lease or charter of aircraft, naval vessels, or combat vehicles which provides for a substantial termination liability on the part of the United States, the Secretary of Defense shall submit with that request an analysis of the cost to the United States (including lost tax revenues) of any such lease or charter arrangement compared with the cost to the United States of direct procurement of the aircraft, naval vessels, or combat vehicles by the United States.
(2) Any such analysis shall be reviewed and evaluated by the Director of the Office of Management and Budget and the Secretary of the Treasury within 30 days after the date on which the request and analysis are submitted to Congress. The Director and Secretary shall conduct such review and evaluation on the basis of the guidelines issued pursuant to [section 3676 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3676&num=0&edition=prelim) and shall report to Congress in writing on the results of their review and evaluation at the earliest practicable date, but in no event more than 45 days after the date on which the request and analysis are submitted to the Congress.
(3) Whenever a request is submitted to Congress for the authorization of funds for the Department of Defense for the long-term lease or charter of aircraft, naval vessels, or combat vehicles authorized under this chapter, the Secretary of Defense—
(A) shall indicate in the request what portion of the requested funds is attributable to capital-hire; and
(B) shall reflect such portion in the appropriate procurement account in the request.
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Federal law — U.S. Code and appendices · legal_authorities
The Director of the Office of Management and Budget and the Secretary of the Treasury shall jointly issue guidelines for determining under what circumstances the Department of Defense may use lease or charter arrangements for aircraft, naval vessels, and combat vehicles rather than directly procuring such aircraft, vessels, and combat vehicles.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3676
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Funds appropriated to the Department of Defense may not be used to indemnify any person under the terms of a contract entered into under this chapter—
(1) for any amount paid or due by any person to the United States for any liability arising under the Internal Revenue Code of 1986; or
(2) to pay any attorneys’ fees in connection with such contract.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3673
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Subsecs. (a) to (h) of this section were transferred to chapter 257 of this title by Pub. L. 116–283, div. A, title XVIII, § 1825(a), Jan. 1, 2021, 134 Stat. 4205. Subsecs. (a) and (b) of this section were renumbered as [section 3671 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3671&num=0&edition=prelim) by Pub. L. 116–283, div. A, title XVIII, § 1825(b), Jan. 1, 2021, 134 Stat. 4206. Subsec. (c)(1) of this section was renumbered as [section 3672(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3672/a&num=0&edition=prelim) by Pub. L. 116–283, div. A, title XVIII, § 1825(d), Jan. 1, 2021, 134 Stat. 4207. Subsec. (c)(2) of this section was renumbered as [section 3673 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3673&num=0&edition=prelim) by Pub. L. 116–283, div. A, title XVIII, § 1825(c), Jan. 1, 2021, 134 Stat. 4206. Subsec. (d) of this section was renumbered as [section 3674 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3674&num=0&edition=prelim) by Pub. L. 116–283, div. A, title XVIII, § 1825(f)(1), Jan. 1, 2021, 134 Stat. 4207. Subsec. (e) of this section was renumbered as [section 3672(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3672/b&num=0&edition=prelim) by Pub. L. 116–283, div. A, title XVIII, § 1825(e), Jan. 1, 2021, 134 Stat. 4207. Subsec. (f) of this section was renumbered as [section 3675 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3675&num=0&edition=prelim) by Pub. L. 116–283, div. A, title XVIII, § 1825(g)(1), Jan. 1, 2021, 134 Stat. 4208. Subse
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2401
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Federal law — U.S. Code and appendices · legal_authorities
Page 2520
TITLE 10—ARMED FORCES
§ 3672
Jan. 28, 2008, 122 Stat. 227; Pub. L. 112–239, div. A, title
X, § 1076(f)(26), Jan. 2, 2013, 126 Stat. 1953.
AMENDMENTS
2024—Subsec. (b)(5). Pub. L. 118–159 substituted ‘‘sub-
section if funds’’ for ‘‘subsection if—(A) funds’’ and pe-
riod for semicolon at end and struck out former sub-
pars. (B) and (C) which read as follows:
‘‘(B) the Secretary of Defense submits to the congres-
sional defense committees a certification that there is
no alternative for meeting urgent operational require-
ments other than making the contract; and
‘‘(C) a period of 30 days of continuous session of Con-
gress has expired following the date on which the cer-
tification was received by such committees.’’
2021—Pub. L. 116–283, § 1825(b), transferred subsecs. (a)
and (b) of section 2401 of this title to this section.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section and amendment by Pub. L. 116–283 effective
Jan. 1, 2022, with additional provisions for delayed im-
plementation and applicability of existing law, see sec-
tion 1801(d) of Pub. L. 116–283, set out as an Effective
Date of 2021 Amendment note preceding section 3001 of
this title.
§ 3672. Requirement of specific authorization by
law for appropriation, and for obligation and
expenditure, of funds for certain contracts
relating to aircraft, naval vessels, and com-
bat vehicles
(a) LIMITATION.—Funds may not be appro-
priated for any fiscal year to or for any armed
force or obligated or expended for—
(1) the long-term lease or charter of any air-
craft, naval vessel, or combat vehicle; or
(2) for the lease or charter of any aircraft,
naval vessel, or combat vehicle the terms of
which provide for a substantial termination li-
ability on the part of the United Stat
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3672
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