§6301 — Title 41 Public Contracts | U.S. Code

Summary

The federal government may not enter a contract or buy something unless a law allows it or there is enough money approved to pay for it. The government also may not buy land unless a law specifically allows the purchase. Defined Secretary means either the Secretary of Defense or the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not operating as part of the Navy. That rule about needing authorization does not stop a defined Secretary from buying clothing, food, animal feed, fuel, housing, transportation, or medical and hospital supplies. Those purchases must only cover what is needed for the current year. The defined Secretary must tell Congress right away when they use this authority and must report every three months on the estimated obligations made under it.

Title 41, §6301

Public Contracts — Source: USLM XML via OLRC

(a)A contract or purchase on behalf of the Federal Government shall not be made unless the contract or purchase is authorized by law or is under an appropriation adequate to its fulfillment.

(b)(1)In this subsection, the term “defined Secretary” means—

(A)the Secretary of Defense; or

(B)the Secretary of Homeland Security with respect to the Coast Guard when the Coast Guard is not operating as a service in the Navy.

(2)Subsection (a) does not apply to a contract or purchase made by a defined Secretary for clothing, subsistence, forage, fuel, quarters, transportation, or medical and hospital supplies.

(3)A contract or purchase made by a defined Secretary under this subsection may not exceed the necessities of the current year.

(4)The defined Secretary shall immediately advise Congress when authority is exercised under this subsection. The defined Secretary shall report quarterly on the estimated obligations incurred pursuant to the authority granted in this subsection.

(c)Land may not be purchased by the Federal Government unless the purchase is authorized by law.

Notes & Related Subsidiaries

Amendment Not Shown in TextSubsecs. (a) and (b) of this section are derived from section 11 of former Title 41, Public Contracts, which was amended by Pub. L. 111–281, title IX, § 903(a)(4), Oct. 15, 2010, 124 Stat. 3010, prior to being repealed and reenacted as subsecs. (a) and (b) of this section by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For applicability of that amendment to this section, see section 6(a) of Pub. L. 111–350, set out as a Transitional and

Savings Provision

s note preceding section 101 of this title. section 903 of Pub. L. 111–281 provided that, effective with the enactment of Pub. L. 109–241, section 902(c) of Pub. L. 109–241, which amended section 3732 of the Revised Statutes, is amended by inserting in the directory language, “of the United States” after “Revised Statutes”, resulting in no change in text.

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 6301(a)41:11(a) (words before 2nd comma).R.S. § 3732; Pub. L. 89–687, title VI, § 612(e), Oct. 15, 1966, 80 Stat. 993; Pub. L. 98–557, § 17(e)(1), (2), Oct. 30, 1984, 98 Stat. 2868; Pub. L. 104–106, div. D, title XLIII, § 4322(b)(4), Feb. 10, 1996, 110 Stat. 677; Pub. L. 109–241, title IX, § 902(c), July 11, 2006, 120 Stat. 566. 6301(b)41:11(a) (words after 2nd comma), (b). 6301(c)41:14.R.S. § 3736. In subsection (b)(1)(A), the words “Secretary of Defense” are substituted for “Department of Defense” because of 10:113. In subsection (b)(1)(B), the words “Secretary of Homeland Security” are substituted for “Department of Homeland Security” because of section 102(a)(2) of the Homeland Security Act of 2002 (6 U.S.C. 112(a)(2)).

§6301 Authorization requirement

Summary

Title 41, §6301

Notes & Related Subsidiaries

Savings Provision

Historical and Revision Notes

Citations & Metadata