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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   Pub. L. 100–370 § 1(h)(2) · 102 Stat. 840

   Enacted · 10 U.S.C. § 3133

   Added Pub. L. 100–370, § 1(h)(2), July 19, 1988, 102 Stat. 847, § 2410a

   Source evidence

   Code source credit
   Added Pub. L. 100–370, § 1(h)(2), July 19, 1988, 102 Stat. 847, § 2410a

   Enacted provision · exact public law section
   (2) Chapter 141 of such title is amended by adding at the end the following new sections: “§ 2410. Contract claims: certification “A contract claim, request for equitable adjustment to contract terms, request for relief under Public Law 85–804 (50 U.S.C. 1431 et seq.), or other similar request by a contractor that exceeds $100,000 may not be paid unless a senior official of the contractor in charge at the plant or location involved certifies at the time the claim or request is submitted that— “(1) the claim or request is made in good faith; and “(2) all supporting data submitted in connection with the claim or request are accurate and complete to the best of such official’s knowledge and belief. “§ 2410a. Appropriated funds: availability for certain contracts for 12 months “Funds appropriated to the Department of Defense for a fiscal year shall be available for payments under contracts for any of the following purposes for 12 months beginning at any time during the fiscal year: “(1) The maintenance of tools and facilities. “(2) The lease of real or personal property, including the Real property. maintenance of such property when contracted for as part of the lease agreement. “(3) Depot maintenance.”.

2. 1991

   National Defense Authorization Act for Fiscal Years 1992 and 1993

   Pub. L. 102–190 § 342(1) · 105 Stat. 1290

   Inserted · 10 U.S.C. § 3133(1)

   Pub. L. 102–190, § 342(1), inserted “, equipment,” after “tools”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 102–190, § 342(1), inserted “, equipment,” after “tools”.

   Enacted provision · exact public law section
   (1) in paragraph (1), by inserting “, equipment,” after “tools”; and

3. 1991

   National Defense Authorization Act for Fiscal Years 1992 and 1993

   Pub. L. 102–190 § 342(2) · 105 Stat. 1290

   Added · 10 U.S.C. § 3133(4)

   Pub. L. 102–190, § 342(2), added par. (4)

   Source evidence

   Code amendment note
   Par. (4). Pub. L. 102–190, § 342(2), added par. (4).

   Enacted provision · exact public law section
   (2) by adding at the end the following new paragraph: “(4) The operation of equipment.”.

4. 1996

   Coast Guard Authorization Act of 1996

   Pub. L. 104–324 title II § 214(b) · 110 Stat. 3901

   1. Amended · 10 U.S.C. § 3133

      Pub. L. 104–324 designated existing provisions as subsec. (a)

   2. Added · 10 U.S.C. § 3133

      Pub. L. 104–324 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 104–324 designated existing provisions as subsec. (a) and added subsec. (b).

   Enacted provision · exact public law section
   (b) Severable Services Contracts Crossing Fiscal Years.— Section 2410a of title 10, United States Code, is amended— (1) by striking “Funds” and inserting “(a) Funds”; and (2) by adding at the end the following new subsection: “(b) The Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, may enter into a contract for procurement of severable services 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. Funds made available for a fiscal year may be obligated for the total amount of a contract entered into under the authority of this subsection.”.

5. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 div. A title VIII § 801(a) · 111 Stat. 1629

   Amended · 10 U.S.C. § 3133

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) Expanded Authority.— Section 2410a of title 10, United States Code, is amended to read as follows: “§ 2410a. Severable service contracts for periods crossing fiscal years “(a) Authority.— The Secretary of Defense, the Secretary of a military department, or the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, may enter into a contract for procurement of severable services 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. “(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).”.

6. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 title XVII § 1704(b)(1) · 116 Stat. 2135

   Substituted · 10 U.S.C. § 3133(a)

   Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

   Enacted provision · exact public law section
   (1) Title 10, United States Code, is amended in sections 101(9), 130b(a), 130b(c)(4), 130c(h)(1), 379, 513(d), 575(b)(2), 580(e)(6), 580a(e), 651(a), 671(c)(2), 708(a), 716(a), 717, 806(d)(2), 815(e), 888, 946(c)(1), 973(d), 978(d), 983(b)(1), 985(a), 1033(b)(1), 1033(d), 1034, 1037(c), 1044d(f), 1058(c), 1059(a), 1059(k)(1), 1073(a), 1074(c)(1), 1089(g)(2), 1090, 1091(a), 1124, 1143, 1143a(h), 1144, 1145(e), 1148, 1149, 1150(c), 1152(a), 1152(d)(1), 1153, 1175, 1212(a), 1408(h)(2), 1408(h)(8), 1463(a)(2), 1482a(b), 1510, 1552(a)(1), 1565(f), 1588(f)(4), 1589, 2002(a), 2302(1), 2306b(b), 2323(j)(2), 2376(2), 2396(b)(1), 2410a(a), 2572(a), 2575(a), 2578, 2601(b)(4), 2634(e), 2635(a), 2734(g), 2734a, 2775, 2830(b)(2), 2835, 2836, 4745(a), 5013a(a), 7361(b), 10143(b)(2), 10146(a), 10147(a), 10149(b), 10150, 10202(b), 10203(d), 10205(b), 10301(b), 12103(b), 12103(d), 12304, 12311(c), 12522(c), 12527(a)(2), 12731(b), 12731a(e), 16131(a), 16136(a), 16301(g), and 18501 by striking “of Transportation” each place it appears and inserting “of Homeland Security”.

7. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 1005(b)(1) · 117 Stat. 1392

   1. Amended · 10 U.S.C. § 3133

      Pub. L. 108–136, § 1005(b)(1), amended section catchline generally

   2. Substituted · 10 U.S.C. § 3133

      Pub. L. 108–136, § 1005(b)(1), 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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (1) The heading of such section is amended to read as follows: “§ 2410a. Contracts for periods crossing fiscal years: severable service contracts; leases of real or personal property” .

8. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 1005(a) · 117 Stat. 1392

   1. Inserted · 10 U.S.C. § 3133(a)

      Pub. L. 108–136, § 1005(a), inserted “(1)” before “The Secretary of Defense”

   2. Substituted · 10 U.S.C. § 3133(a)

      Pub. L. 108–136, § 1005(a), substituted “for a purpose described in paragraph (2)” for “for procurement of severable services”

   3. Added · 10 U.S.C. § 3133(a)

      Pub. L. 108–136, § 1005(a), added par. (2)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (a) Reestablishment of Authority.— Subsection (a) of section 2410a of title 10, United States Code, is amended— (1) by inserting “(1)” before “The Secretary of Defense”; (2) by striking “for procurement of severable services” and inserting “for a purpose described in paragraph (2)”; and (3) by adding at the end the following new paragraph: “(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.” .

9. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 div. A title XVIII § 1809(d) · 134 Stat. 3388

   Changed · 10 U.S.C. § 3133

   Pub. L. 116–283 renumbered section 2410a of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 116–283 renumbered section 2410a of this title as this section.

   Enacted provision · exact public law section
   (d) Transfer of Section 2410a.— Section 2410a of title 10, United States Code, is transferred to chapter 207 of such title, as amended by subsection (a), inserted after section 3132, as transferred and redesignated by subsection (c), and redesignated as section 3133.

   Effective date note
   Amendment 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.

13 of 13 references resolved to an enrolled provision