§ 11. — No contracts or purchases unless authorized or under adequate appropriation; report to the Congress.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC11]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 1--GENERAL PROVISIONS
Sec. 11. No contracts or purchases unless authorized or under
adequate appropriation; report to the Congress
(a) No contract or purchase on behalf of the United States shall be
made, unless the same is authorized by law or is under an appropriation
adequate to its fulfillment, except in the Department of Defense and in
the Department of Transportation with respect to the Coast Guard when it
is not operating as a service in the Navy, for clothing, subsistence,
forage, fuel, quarters, transportation, or medical and hospital
supplies, which, however, shall not exceed the necessities of the
current year.
(b) The Secretary of Defense and the Secretary of Transportation
with respect to the Coast Guard when it is not operating as a service in
the Navy shall immediately advise the Congress of the exercise of the
authority granted in subsection (a) of this section, and shall report
quarterly on the estimated obligations incurred pursuant to the
authority granted in subsection (a) of this section.
(R.S. Sec. 3732; June 12, 1906, ch. 3078, 34 Stat. 255; Pub. L. 89-687,
title VI, Sec. 612(e), Oct. 15, 1966, 80 Stat. 993; Pub. L. 98-557,
Sec. 17(e), Oct. 30, 1984, 98 Stat. 2868; Pub. L. 104-106, div. D, title
XLIII, Sec. 4322(b)(4), Feb. 10, 1996, 110 Stat. 677.)
Codification
R.S. Sec. 3732 derived from act Mar. 2, 1861, ch. 84, Sec. 10, 12
Stat. 220.
Amendments
1996--Subsec. (a). Pub. L. 104-106 struck out second comma after
``quarters''.
1984--Subsec. (a). Pub. L. 98-557, Sec. 17(e)(1)(A), substituted
``except in the Department of Defense and in the Department of
Transportation with respect to the Coast Guard when it is not operating
as a service in the Navy'' for ``except in the War and Navy
Departments''.
Pub. L. 98-557, Sec. 17(e)(1)(B), substituted ``, transportation, or
medical and hospital supplies'' for ``or transportation'', such change
having been made by Act June 12, 1906, thereby requiring no further
change in text. See Repeals note below.
Subsec. (b). Pub. L. 98-557, Sec. 17(e)(2), inserted provisions
relating to the Secretary of Transportation with respect to the Coast
Guard when it is not operating as a service in the Navy.
1966--Pub. L. 89-687 designated existing provisions as subsec. (a)
and added subsec (b).
1906--Act June 12, 1906, inserted ``medical and hospital supplies''.
Effective Date of 1996 Amendment
For effective date and applicability of amendment by Pub. L. 104-
106, see section 4401 of Pub. L. 104-106, set out as a note under
section 251 of this title.
Repeals
The first proviso under the heading ``medical department'' in act
June 12, 1906, ch. 3078, 34 Stat. 255, cited as a credit to this
section, was repealed by Pub. L. 98-557, Sec. 17(e)(3), Oct. 30, 1984,
98 Stat. 2868.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in title 8 section 1363a; title 10
section 2201; title 19 section 2081; title 22 section 277d-3; title 26
section 7608; title 33 section 891d; title 42 section 9619.
