
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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.


                            Cross References

    Contracts for Indian supplies in advance of appropriations, see 
section 99 of Title 25, Indians.
    Expenditure by any department in excess of appropriations 
prohibited, see section 1341 of Title 31, Money and Finance.
    Printing appropriations not to be exceeded, see section 1102 of 
Title 44, Public Printing and Documents.
    Projects under Mexican treaties, authority to enter into contracts 
beyond amount appropriated, notwithstanding this section, see section 
277d-3 of Title 22, Foreign Relations and Intercourse.

                  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.
