Page:United States Statutes at Large Volume 97.djvu/711

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 679 LONG-TERM LEASE OR CHAPTER OF AIRCRAFT AND VESSELS SEC. 1202. (a)(1) Chapter 141 of title 10, United States Code, is amended by adding at the end thereof the following new section: "§ 2401. Requirement for authorization by law of certain contracts relating to vessels and aircraft "(a)(1) The Secretary of a military department may make a con- tract for the lease of a vessel or aircraft or for the provision of a service through usc by a contractor of a vessel or aircraft 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 termi- nation 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 provi- sion of services is (or will be) a contract described in paragraph (1). "(b)(1) The Secretary may make a contract describea 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 Committees on Armed Services and on Appropriations of the Senate and House of Representa- tives of the Secretary's intention to issue such a solicitation; and "(C) the Secretary has notified the Committees on Armed Services and on Appropriations of the Senate and House of Representatives of the proposed contract and provided a de- tailed 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 or aircraft 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. "(2) For purposes of paragraph (I)(C), the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in a computation of such 30-day period. "(c) 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 or naval vessel; or "(2) for the lease or charter of any aircraft or naval vessel 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. "(d)(l)(A) In this section, the term 'long-term lease or charter' (except as provided in subparagraph (B)) means a lease, charter, service contract, or conditional sale agreement— "(i) the term of which is for a period of five years or longer or more than one-half the useful life of the vessel or aircraft; or 10 USC 2401. Notification of congressional committees. Congressional adjournment. Funding restrictions. "Long-term lease or charter."

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