§3133 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense, the head of a military department, or the Secretary of Homeland Security for the Coast Guard (when the Coast Guard is not part of the Navy) may sign certain contracts that start in one fiscal year and end in the next. The contract must last no more than one year, not counting any optional extensions. These contracts are for buying services that are supplied in separate parts or for leasing real or personal property (including any maintenance included with the lease). Money appropriated for a fiscal year can be used to pay the full cost of these contracts.

Title 10, §3133

Armed Forces — Source: USLM XML via OLRC

(a)(1)The Secretary of Defense, the Secretary of a military department, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may enter into a contract for a purpose described in paragraph (2) for a period that begins in one fiscal year and ends in the next fiscal year if (without regard to any option to extend the period of the contract) the contract period does not exceed one year.

(2)The purpose of a contract described in this paragraph is as follows:

(A)The procurement of severable services.

(B)The lease of real or personal property, including the maintenance of such property when contracted for as part of the lease agreement.

(b)Funds made available for a fiscal year may be obligated for the total amount of a contract entered into under the authority of subsection (a).

Notes & Related Subsidiaries

Historical and Revision Notes

Section is based on Pub. L. 99–190, § 101(b) [title VIII, § 8005(e), (h), (l)], Dec. 19, 1985, 99 Stat. 1185, 1202.

Editorial Notes

Amendments

2021—Pub. L. 116–283 renumbered section 2410a of this title as this section. 2003—Pub. L. 108–136, § 1005(b)(1), amended section catchline generally, substituting “Contracts for periods crossing fiscal years: severable service contracts; leases of real or personal property” for “Severable service contracts for periods crossing fiscal years”. Subsec. (a). Pub. L. 108–136, § 1005(a), inserted “(1)” before “The Secretary of Defense”, substituted “for a purpose described in paragraph (2)” for “for procurement of severable services”, and added par. (2). 2002—Subsec. (a). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”. 1997—Pub. L. 105–85 amended section generally. Prior to amendment, section related to availability of appropriated funds for payments under contracts for various types of maintenance, leases, and operations and authorized Secretary of Transportation to enter into contracts for procurement of severable services. 1996—Pub. L. 104–324 designated existing provisions as subsec. (a) and added subsec. (b). 1991—Par. (1). Pub. L. 102–190, § 342(1), inserted “, equipment,” after “tools”. Par. (4). Pub. L. 102–190, § 342(2), added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date

of 2003 Amendment Pub. L. 108–136, div. A, title X, § 1005(c), Nov. 24, 2003, 117 Stat. 1585, provided that: “The

Amendments

made by this section [amending this section] shall not apply to funds appropriated for a fiscal year before fiscal year 2004.”

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

§3133 Contracts for periods crossing fiscal years: severable service contracts; leases of real or personal property

Summary

Title 10, §3133

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Amendments

Effective Date

Citations & Metadata