Source
(Added Pub. L. 103–355, title I, § 1022(a)(1),Oct. 13, 1994, 108 Stat. 3257; amended Pub. L. 104–106, div. A, title XV, § 1502(a)(10), div. E, title LVI, § 5601(b),Feb. 10, 1996, 110 Stat. 503, 699; Pub. L. 105–85, div. A, title VIII, § 806(a)(1), (b)(1), (c), title X, § 1073(a)(47), (48)(A),Nov. 18, 1997, 111 Stat. 1834, 1835, 1903; Pub. L. 106–65, div. A, title VIII, § 809, title X, § 1067(1),Oct. 5, 1999, 113 Stat. 705, 774; Pub. L. 106–398, § 1 [[div. A], title VIII, §§ 802(c),
806], Oct. 30, 2000, 114 Stat. 1654, 1654A–205, 1654A–207; Pub. L. 107–296, title XVII, § 1704(b)(1),Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title VIII, § 820(a),Dec. 2, 2002, 116 Stat. 2613; Pub. L. 108–136, div. A, title X, § 1043(b)(10),Nov. 24, 2003, 117 Stat. 1611; Pub. L. 108–375, div. A, title VIII, § 814(a), title X, § 1084(b)(2),Oct. 28, 2004, 118 Stat. 2014, 2060; Pub. L. 110–181, div. A, title VIII, § 811(a),Jan. 28, 2008, 122 Stat. 217; Pub. L. 111–23, title I, § 101(d)(2),May 22, 2009, 123 Stat. 1709.)
Amendments
2009—Subsec. (i)(1)(B).
Pub. L. 111–23substituted “Director of Cost Assessment and Program Analysis” for “Cost Analysis Improvement Group of the Department of Defense”.
2008—Subsec. (a)(7).
Pub. L. 110–181, § 811(a)(1), added par. (7).
Subsec. (i)(1).
Pub. L. 110–181, § 811(a)(2), (3), inserted “the Secretary of Defense certifies in writing by no later than March 1 of the year in which the Secretary requests legislative authority to enter into such contract that” after “unless” in introductory provisions, added subpars. (A) to (F), redesignated former subpar. (B) as (G), and struck out former subpar. (A) which read as follows: “The Secretary of Defense certifies to Congress that the current future-years defense program fully funds the support costs associated with the multiyear program.”
Subsec. (i)(5) to (7).
Pub. L. 110–181, § 811(a)(4), added pars. (5) to (7).
Subsec. (m).
Pub. L. 110–181, § 811(a)(5), added subsec. (m).
2004—Subsec. (g).
Pub. L. 108–375, § 814(a)(1), designated existing provisions as par. (1).
Subsec. (g)(1).
Pub. L. 108–375, §§ 814(a)(2),
1084
(b)(2), amended par. (1) identically, substituting “congressional defense committees” for “Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives”.
Subsec. (g)(2).
Pub. L. 108–375, § 814(a)(3), added par. (2).
2003—Subsec. (l)(9), (10).
Pub. L. 108–136redesignated par. (10) as (9) and struck out former par. (9) which read as follows: “In this subsection, the term ‘congressional defense committees’ means the following:
“(A) The Committee on Armed Services of the Senate and the Subcommittee on Defense of the Committee on Appropriations of the Senate.
“(B) The Committee on Armed Services of the House of Representatives and the Subcommittee on National Security of the Committee on Appropriations of the House of Representatives.”
2002—Subsec. (b)(2)(B).
Pub. L. 107–296substituted “of Homeland Security” for “of Transportation”.
Subsec. (i)(4).
Pub. L. 107–314added par. (4).
2000—Subsec. (k).
Pub. L. 106–398, § 1 [[div. A], title VIII, § 802(c)], struck out “or services” after “purchase of property”.
Subsec. (l)(4).
Pub. L. 106–398, § 1 [[div. A], title VIII, § 806(1)(A)], in introductory provisions, substituted “Not later than the date of the submission of the President’s budget request under section
1105 of title
31, the Secretary of Defense shall submit a report to the congressional defense committees each year, providing the following information with respect to each multiyear contract (and each extension of an existing multiyear contract) entered into, or planned to be entered into, by the head of an agency during the current or preceding year” for “The head of an agency may not enter into a multiyear contract (or extend an existing multiyear contract) until the Secretary of Defense submits to the congressional defense committees a report with respect to that contract (or contract extension) that provides the following information”.
Subsec. (l)(4)(B).
Pub. L. 106–398, § 1 [[div. A], title VIII, § 806(1)(B)], substituted “in effect at the time the report is submitted” for “in effect immediately before the contract (or contract extension) is entered into” in introductory provisions.
Subsec. (l)(5) to (10).
Pub. L. 106–398, § 1 [[div. A], title VIII, § 806(2), (3)], added par. (5) and redesignated former pars. (5) to (9) as (6) to (10), respectively.
1999—Subsec. (g).
Pub. L. 106–65, § 1067(1), substituted “and the Committee on Armed Services” for “and the Committee on National Security”.
Subsec. (l)(4) to (7).
Pub. L. 106–65, § 809(1), (2), added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively. Former par. (7) redesignated (8).
Subsec. (l)(8).
Pub. L. 106–65, § 809(1), redesignated par. (7) as (8).
Subsec. (l)(8)(B).
Pub. L. 106–65, § 1067(1), substituted “Committee on Armed Services” for “Committee on National Security”.
Subsec. (l)(9).
Pub. L. 106–65, § 809(3), added par. (9).
1997—
Pub. L. 105–85, § 1073(a)(48)(A), inserted “: acquisition of property” in section catchline.
Subsec. (a).
Pub. L. 105–85, § 806(c)(1), substituted “finds each of the following:” for “finds—” in introductory provisions, capitalized first letter of first word in pars. (1) to (6), and substituted a period for semicolon at end of pars. (1) to (4) and for “; and” at end of par. (5).
Subsec. (d)(1).
Pub. L. 105–85, § 806(c)(2), substituted “subsection (a)” for “paragraph (1)”.
Subsec. (i)(1)(A).
Pub. L. 105–85, § 806(c)(3), substituted “future-years” for “five-year”.
Subsec. (i)(3).
Pub. L. 105–85, § 806(a)(1), added par. (3).
Subsec. (k).
Pub. L. 105–85, § 1073(a)(47), substituted “this section” for “this subsection”.
Subsec. (l).
Pub. L. 105–85, § 806(b)(1), added subsec. (l).
1996—Subsec. (g).
Pub. L. 104–106, § 1502(a)(10), substituted “the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of the” for “the Committees on Armed Services and on Appropriations of the Senate and”.
Subsecs. (k), (l).
Pub. L. 104–106, § 5601(b), redesignatedsubsec. (l) as (k) and struck out former subsec. (k) which read as follows: “Inapplicability to Automatic Data Processing Contracts.—This section does not apply to contracts for the purchase of property to which section 111 of the Federal Property and Administrative Services Act of 1949 (
40 U.S.C. 759) applies.”
Effective Date of 2008 Amendment
Pub. L. 110–181, div. A, title VIII, § 811(b),Jan. 28, 2008,
122 Stat. 219, provided that: “The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Jan. 28, 2008] and shall apply with respect to multiyear contracts for the purchase of major systems for which legislative authority is requested on or after that date.”
Effective Date of 2002 Amendments
Pub. L. 107–314, div. A, title VIII, § 820(b),Dec. 2, 2002,
116 Stat. 2614, provided that:
“(1) Paragraph (4) of section
2306b
(i) of title
10, United States Code, as added by subsection (a), shall not apply with respect to any contract awarded before the date of the enactment of this Act [Dec. 2, 2002].
“(2) Nothing in this section [amending this section] shall be construed to authorize the expenditure of funds under any contract awarded before the date of the enactment of this Act for any purpose other than the purpose for which such funds have been authorized and appropriated.”
Amendment by
Pub. L. 107–296effective 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.
Effective Date of 1997 Amendment
Section 806(a)(2) of
Pub. L. 105–85provided that: “Paragraph (3) of section
2306b
(i) of title
10, United States Code, as added by paragraph (1), shall not apply with respect to a contract authorized by law before the date of the enactment of this Act [Nov. 18, 1997].”
Section 806(b)(2) of
Pub. L. 105–85provided that: “The amendment made by paragraph (1) [amending this section] shall take effect on October 1, 1998.”
Effective Date of 1996 Amendment
Amendment by section 5601(b) of
Pub. L. 104–106effective 180 days after Feb. 10, 1996, see section 5701 of
Pub. L. 104–106, Feb. 10, 1996,
110 Stat. 702.
Effective Date
For effective date and applicability of section, see section 10001 of
Pub. L. 103–355, set out as an Effective Date of 1994 Amendment note under section
2302 of this title.
Multiyear Procurement Contracts
Pub. L. 105–56, title VIII, § 8008,Oct. 8, 1997,
111 Stat. 1221, provided that:
“(a) None of the funds provided in this Act [see Tables for classification] shall be available to initiate: (1) a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year of the contract or that includes an unfunded contingent liability in excess of $20,000,000; or (2) a contract for advance procurement leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year, unless the congressional defense committees [Committee on Armed Services and Subcommittee on National Security of the Committee on Appropriations of the House of Representatives and Committee on Armed Services and Subcommittee on Defense of the Committee on Appropriations of the Senate] have been notified at least 30 days in advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act shall be available to initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of the Government’s liability: Provided further, That no part of any appropriation contained in this Act shall be available to initiate multiyear procurement contracts for any systems or component thereof if the value of the multiyear contract would exceed $500,000,000 unless specifically provided in this Act: Provided further, That no multiyear procurement contract can be terminated without 10-day prior notification to the congressional defense committees: Provided further, That the execution of multiyear authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement.
“Funds appropriated in title III of this Act [
111 Stat. 1211] may be used for multiyear procurement contracts as follows:
“Apache Longbow radar;
“AV–8B aircraft; and
“Family of Medium Tactical Vehicles.
“(b) None of the funds provided in this Act and hereafter may be used to submit to Congress (or to any committee of Congress) a request for authority to enter into a contract covered by those provisions of subsection (a) that precede the first proviso of that subsection unless—
“(1) such request is made as part of the submission of the President’s Budget for the United States Government for any fiscal year and is set forth in the Appendix to that budget as part of proposed legislative language for appropriations bills for the next fiscal year; or
“(2) such request is formally submitted by the President as a budget amendment; or
“(3) the Secretary of Defense makes such request in writing to the congressional defense committees.”
Similar provisions were contained in the following appropriation acts:
Pub. L. 112–74, div. A, title VIII, § 8010,Dec. 23, 2011,
125 Stat. 806.
Pub. L. 112–10, div. A, title VIII, § 8010,Apr. 15, 2011,
125 Stat. 57.
Pub. L. 111–118, div. A, title VIII, § 8011,Dec. 19, 2009,
123 Stat. 3428, as amended by
Pub. L. 111–212, title I, § 305,July 29, 2010,
124 Stat. 2311.
Pub. L. 110–329, div. C, title VIII, § 8011,Sept. 30, 2008,
122 Stat. 3621.
Pub. L. 110–116, div. A, title VIII, § 8010,Nov. 13, 2007,
121 Stat. 1315.
Pub. L. 109–289, div. A, title VIII, § 8008,Sept. 29, 2006,
120 Stat. 1273.
Pub. L. 109–148, div. A, title VIII, § 8008,Dec. 30, 2005,
119 Stat. 2698.
Pub. L. 108–287, title VIII, § 8008,Aug. 5, 2004,
118 Stat. 970.
Pub. L. 108–87, title VIII, § 8008,Sept. 30, 2003,
117 Stat. 1072.
Pub. L. 107–248, title VIII, § 8008,Oct. 23, 2002,
116 Stat. 1537.
Pub. L. 107–117, div. A, title VIII, § 8008,Jan. 10, 2002,
115 Stat. 2248.
Pub. L. 106–259, title VIII, § 8008,Aug. 9, 2000,
114 Stat. 675.
Pub. L. 106–79, title VIII, § 8008,Oct. 25, 1999,
113 Stat. 1232.
Pub. L. 105–262, title VIII, § 8008,Oct. 17, 1998,
112 Stat. 2298.
Pub. L. 104–208, div. A, title I, § 101(b) [title VIII, § 8009], Sept. 30, 1996,
110 Stat. 3009–71, 3009–89.
Pub. L. 104–61, title VIII, § 8010,Dec. 1, 1995,
109 Stat. 653.
Pub. L. 103–335, title VIII, § 8010,Sept. 30, 1994,
108 Stat. 2618.
Pub. L. 103–139, title VIII, § 8011,Nov. 11, 1993,
107 Stat. 1439.
Pub. L. 102–396, title IX, § 9013,Oct. 6, 1992,
106 Stat. 1903.
Pub. L. 102–172, title VIII, § 8013,Nov. 26, 1991,
105 Stat. 1173.
Pub. L. 101–511, title VIII, § 8014,Nov. 5, 1990,
104 Stat. 1877.
Pub. L. 101–165, title IX, § 9021,Nov. 21, 1989,
103 Stat. 1133.