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Title 10, Armed ForcesRelease 119-110

§3133 Contracts for Periods Crossing Fiscal Years: Severable Service Contracts; Leases of Real or Personal Property

Title 10 › Subtitle A — General Military Law › PART V — ACQUISITION › Subpart A — General › CHAPTER 207 — BUDGETING AND APPROPRIATIONS › § 3133

Last updated Sep 22, 2026|Official source

Summary

Allows the Secretary of Defense, a secretary of a military department, or the Secretary of Homeland Security for the Coast Guard (when it is not serving as part of the Navy) to sign contracts that begin in one fiscal year and end in the next, as long as the contract term is no more than one year (do not count any option to extend when measuring that year). The contracts can be for separable services (services paid for by the time they are provided) or for leasing real or personal property, including maintenance if it is part of the lease. Money that is provided for a fiscal year can be committed to pay the entire cost of one of these contracts even though the contract crosses into the next fiscal year.

Full Legal Text

Title 10, §3133

Armed Forces, Source: USLM XML via OLRC

(a)Authority.—
(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)Obligation of Funds.—
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).

Legislative History

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 3133

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110