10 U.S.C. § 3676 — Guidelines

Page 2522 TITLE 10—ARMED FORCES § 3675 provisions as par. (1)(A)(i) and (ii) and (B), respectively, redesignated subpar. (B)(i) and (ii) and its concluding provisions as par. (2)(A)(i) and (ii) and (B), respectively, and inserted par. headings. Subsec. (a)(1)(A). Pub. L. 116–283, § 1825(f)(2)(A), (B), substituted ‘‘In this chapter’’ for ‘‘In this section’’ and ‘‘paragraph (2)’’ for ‘‘subparagraph (B)’’ in introductory provisions. Subsec. (b). Pub. L. 116–283, § 1825(f)(3), after redesig- nation of section 2401(d)(2) of this title as subsec. (b) of this section, inserted heading, substituted ‘‘this chap- ter’’ for ‘‘this section’’ in introductory provisions, and redesignated subpar. (A) as par. (1) and subpar. (B) and its cls. (i) and (ii) as par. (2) and subpars. (A) and (B), respectively. 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. § 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-pur- chase— (1) the lease or charter shall be treated as an acquisition and shall be subject to all applica- ble 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. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1825(a), (g), Jan. 1, 2021, 134 Stat. 4206, 4208.) Editorial Notes CODIFICATION The text of subsec. (f) of section 2401 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1825(g), was based on Pub. L. 109–163, div. A, title VIII, § 815(c)(2), Jan. 6, 2006, 119 Stat. 3382; Pub. L. 111–84, div. A, title X, § 1073(a)(24), Oct. 28, 2009, 123 Stat. 2473. AMENDMENTS 2021—Pub. L. 116–283, § 1825(g)(1)(A), transferred sub- sec. (f) of section 2401 of this title to this section, struck out subsec. (f) designation at beginning, and re- designated pars. (1) and (2) of such former subsec. (f) as subsecs. (a) and (b), respectively. Subsec. (a). Pub. L. 116–283, § 1825(g)(2), after redesig- nation of section 2401(f)(1) of this title as subsec. (a) of this section, inserted heading, substituted ‘‘this chap- ter’’ for ‘‘this section’’ in introductory provisions, and redesignated subpars. (A) and (B) as pars. (1) and (2), re- spectively. Subsec. (b). Pub. L. 116–283, § 1825(g)(3), after redesig- nation of section 2401(d)(2) of this title as subsec. (b) of this section, inserted heading and substituted ‘‘In this section’’ for ‘‘In this subsection’’. 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. § 3676. Guidelines 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 air- craft, naval vessels, and combat vehicles rather than directly procuring such aircraft, vessels, and combat vehicles. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1825(a), (h), Jan. 1, 2021, 134 Stat. 4206, 4208.) Editorial Notes CODIFICATION The text of subsec. (g) of section 2401 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1825(h), was based on Pub. L. 98–94, title XII, § 1202(a)(1), Sept. 24, 1983, 97 Stat. 679; Pub. L. 98–525, title XII, § 1232(a)(2), Oct. 19, 1984, 98 Stat. 2600; Pub. L. 109–163, div. A, title VIII, § 815(c)(1), Jan. 6, 2006, 119 Stat. 3382. AMENDMENTS 2021—Pub. L. 116–283, § 1825(h), transferred subsec. (g) of section 2401 of this title to this section and struck out subsec. (g) designation at beginning. 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. § 3677. Contracts for lease or use of vessels for a term of greater than two years but less than five years: prior notice to congressional com- mittees The Secretary of a military department may make a contract for the lease of a vessel or for the provision of a service through use by a con- tractor of a vessel, the term of which is for a pe- riod of greater than two years, but less than five years, only if— (1) the Secretary has notified the congres- sional defense committees of the proposed con- tract and included in such notification— (A) a detailed description of the terms of the proposed contract and a justification for entering into the proposed contract rather than obtaining the capability provided for by the lease, charter, or services involved through purchase of the vessel; (B) a determination that entering into the proposed contract as a means of obtaining the vessel is the most cost-effective means of obtaining such vessel; and