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10 U.S.C. § 3502 (ARMED FORCES)
§ 3502. Multiyear contracts for acquisition of property: regulations
(a) Requirement.—
Each official named in subsection (b) shall prescribe acquisition regulations for the agency or agencies under the jurisdiction of such official to promote the use of multiyear contracting as authorized by section 3501 of this title in a manner that will allow the most efficient use of multiyear contracting.
(b) Officials Specified to Prescribe Regulations.—
(1) Department of defense.—
The Secretary of Defense shall prescribe the regulations applicable to the Department of Defense.
(2) Coast guard.—
The Secretary of Homeland Security shall prescribe the regulations applicable to the Coast Guard, except that the regulations prescribed by the Secretary of Defense shall apply to the Coast Guard when it is operating as a service in the Navy.
(3) NASA.—
The Administrator of the National Aeronautics and Space Administration shall prescribe the regulations applicable to the National Aeronautics and Space Administration.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1822(a), (d), Jan. 1, 2021, 134 Stat. 4197.)
heading: Codification
text: The text of subsec. (b) of section 2306b of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1822(d), was based on Pub. L. 103–355, title I, § 1022(a)(1), Oct. 13, 1994, 108 Stat. 3257; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.
heading: Prior Provisions
text: A prior section 3502, act Aug. 10, 1956, ch. 1041, 70A Stat. 200, related to physical examinations of members of Army National Guard called into Federal service, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§ 1662(f)(2), 1691, Oct. 5, 1994, 108 Stat. 2994, 3026, effective Dec. 1, 1994. See section 12408 of this title.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1822(d)(1), transferred subsec. (b) of section 2306b of this title to this section, struck out subsec. (b) designation and heading “Regulations” at beginning, and redesignated pars. (1) and (2) as subsecs. (a) and (b), respectively.
Subsec. (a). Pub. L. 116–283, § 1822(d)(2), inserted heading and substituted “subsection (b)” for “paragraph (2)” and “section 3501 of this title” for “subsection (a)”.
Subsec. (b). Pub. L. 116–283, § 1822(d)(3), inserted subsec. heading, redesignated subpars. (A) to (C) as pars. (1) to (3), respectively, inserted par. headings, and realigned margins.
heading: Effective Date
text: Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.
10 U.S.C. § 3504 (ARMED FORCES)
§ 3504. Multiyear contracts for acquisition of property: participation by subcontractors, vendors, and suppliers
In order to broaden the defense industrial base, the regulations under section 3502 of this title shall provide that, to the extent practicable—
(1) multiyear contracting under section 3501(a) of this title shall be used in such a manner as to seek, retain, and promote the use under such contracts of companies that are subcontractors, vendors, or suppliers; and
(2) upon accrual of any payment or other benefit under such a multiyear contract to any subcontractor, vendor, or supplier company participating in such contract, such payment or benefit shall be delivered to such company in the most expeditious manner practicable.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1822(a), (f), Jan. 1, 2021, 134 Stat. 4197, 4198.)
heading: Codification
text: The text of subsec. (d) of section 2306b of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1822(f), was based on Pub. L. 103–355, title I, § 1022(a)(1), Oct. 13, 1994, 108 Stat. 3257; Pub. L. 105–85, div. A, title VIII, § 806(c)(2), Nov. 18, 1997, 111 Stat. 1835.
heading: Prior Provisions
text: A prior section 3504, act Aug. 10, 1956, ch. 1041, 70A Stat. 200; Pub. L. 85–861, § 1(83), Sept. 2, 1958, 72 Stat. 1481, authorized the President to order any retired member of the Regular Army to active duty, prior to repeal by Pub. L. 96–513, title II, §§ 210, 233(a), 234, title VII, § 701, Dec. 12, 1980, 94 Stat. 2884, 2887, 2955, effective Sept. 15, 1981.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1822(f)(1), (2)(A), transferred subsec. (d) of section 2306b of this title to this section, struck out subsec. (d) designation and heading “Participation by Subcontractors, Vendors, and Suppliers” at beginning, and inserted “under section 3502 of this title” after “the regulations” in introductory provisions.
Par. (1). Pub. L. 116–283, § 1822(f)(2)(B), substituted “section 3501(a) of this title” for “subsection (a)”.
heading: Effective Date
text: Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.
10 U.S.C. § 3505 (ARMED FORCES)
§ 3505. Multiyear contracts for acquisition of property: protection of existing authority
The regulations under section 3502 of this title shall provide that, to the extent practicable, the administration of this subchapter, and of the regulations prescribed under this subchapter, shall not be carried out in a manner to preclude or curtail the existing ability of an agency—
(1) to provide for competition in the production of items to be delivered under a contract under section 3501(a) of this title; or
(2) to provide for termination of a prime contract the performance of which is deficient with respect to cost, quality, or schedule.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1822(a), (g), Jan. 1, 2021, 134 Stat. 4197, 4199.)
heading: Codification
text: The text of subsec. (e) of section 2306b of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1822(g), was based on Pub. L. 103–355, title I, § 1022(a)(1), Oct. 13, 1994, 108 Stat. 3257.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1822(g)(1), (2)(A), (B), transferred subsec. (e) of section 2306b of this title to this section, struck out subsec. (e) designation and heading “Protection of Existing Authority” at beginning, and, in introductory provisions, inserted “under section 3502 of this title” after “The regulations” and substituted “this subchapter” for “this section” in two places.
Par. (1). Pub. L. 116–283, § 1822(g)(2)(C), substituted “a contract under section 3501(a) of this title” for “such a contract”.
heading: Effective Date
text: Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.
10 U.S.C. § 3506 (ARMED FORCES)
§ 3506. Department of defense contracts: acquisition of weapon systems
In the case of the Department of Defense, the authority under section 3501(a) of this title includes authority to enter into the following multiyear contracts in accordance with this subchapter:
(1) A multiyear contract for the purchase of a weapon system, items and services associated with a weapon system, and logistics support for a weapon system.
(2) A multiyear contract for advance procurement of components, parts, and materials necessary to the manufacture of a weapon system, including a multiyear contract for such advance procurement that is entered into in order to achieve economic-lot purchases and more efficient production rates.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1822(a), (h), Jan. 1, 2021, 134 Stat. 4197, 4199.)
heading: Codification
text: The text of subsec. (h) of section 2306b of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1822(h), was based on Pub. L. 103–355, title I, § 1022(a)(1), Oct. 13, 1994, 108 Stat. 3257.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1822(h), transferred subsec. (h) of section 2306b of this title to this section, struck out subsec. (h) designation and heading “Defense Acquisitions of Weapon Systems” at beginning, and substituted “section 3501(a) of this title” for “subsection (a)” and “this subchapter” for “this section” in introductory provisions.
heading: Effective Date
text: Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.
10 U.S.C. § 3510 (ARMED FORCES)
§ 3510. Department of defense contracts: additional matters with respect to multiyear defense contracts
(a) Contract Options for Varying Quantities.—
The Secretary of Defense may instruct the Secretary of the military department concerned to incorporate into a proposed multiyear contract negotiated priced options for varying the quantities of end items to be procured over the period of the contract.
(b) Funding for Economic Order Quantity Advance Procurement.—
The head of an agency may not 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.
(c) Use of Present Value Analysis.—
The execution of multiyear contracting authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1822(a), (j)(1)(B), (7), (8), (k), Jan. 1, 2021, 134 Stat. 4197, 4201, 4202.)
heading: Codification
text: The text of subsec. (j) of section 2306b of this title, which was transferred to this section, redesignated as subsec. (a), and amended by Pub. L. 116–283, § 1822(k), was based on Pub. L. 103–355, title I, § 1022(a)(1), Oct. 13, 1994, 108 Stat. 3257.
The text of pars. (2) and (7) of subsec. (l) of section 2306b of this title, which were transferred to this section, redesignated as subsecs. (b) and (c), respectively, and amended by Pub. L. 116–283, § 1822(j)(1)(B), (7), (8), was based on Pub. L. 105–85, div. A, title VIII, § 806(b)(1), Nov. 18, 1997, 111 Stat. 1834; Pub. L. 106–65, div. A, title VIII, § 809(1), Oct. 5, 1999, 113 Stat. 705; Pub. L. 106–398, § 1 [[div. A], title VIII, § 806(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–207.
heading: Amendments
text: 2021—Subsec. (a). Pub. L. 116–283, § 1822(k), redesignated subsec. (j) of section 2306b of this title as subsec. (a) of this section and struck out “Defense” before “Contract” in heading.
Subsec. (b). Pub. L. 116–283, § 1822(j)(1)(B), (7), redesignated par. (2) of section 2306b(l) of this title as subsec. (b) of this section and inserted heading.
Subsec. (c). Pub. L. 116–283, § 1822(j)(1)(B), (8), redesignated par. (7) of section 2306b(l) of this title as subsec. (c) of this section and inserted heading.
heading: Effective Date
text: Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.
10 U.S.C. § 3511 (ARMED FORCES)
§ 3511. Increased funding and reprogramming requests
Any request for increased funding for the procurement of a major system under a multiyear contract authorized under this subchapter shall be accompanied by an explanation of how the request for increased funding affects the determinations made by the Secretary under section 3507 of this title.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1822(a), (l), Jan. 1, 2021, 134 Stat. 4197, 4202.)
heading: Codification
text: The text of subsec. (m) of section 2306b of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1822(l), was based on Pub. L. 110–181, div. A, title VIII, § 811(a)(5), Jan. 28, 2008, 122 Stat. 219.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1822(l), transferred subsec. (m) of section 2306b of this title to this section, struck out subsec. (m) designation and heading “Increased Funding and Reprogramming Requests” at beginning, and substituted “this subchapter” for “this section” and “section 3507 of this title” for “subsection (i)”.
heading: Effective Date
text: Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.
10 U.S.C. § 3532 (ARMED FORCES)
§ 3532. Multiyear contracts for acquisition of services: applicable principles
In entering into multiyear contracts for services under the authority of this subchapter, the head of the agency shall be guided by the following principles:
(1) The portion of the cost of any plant or equipment amortized as a cost of contract performance should not exceed the ratio between the period of contract performance and the anticipated useful commercial life of such plant or equipment. Useful commercial life, for this purpose, means the commercial utility of the facilities rather than the physical life thereof, with due consideration given to such factors as location of facilities, specialized nature thereof, and obsolescence.
(2) Consideration shall be given to the desirability of obtaining an option to renew the contract for a reasonable period not to exceed three years, at prices not to include charges for plant, equipment and other nonrecurring costs, already amortized.
(3) Consideration shall be given to the desirability of reserving in the agency the right, upon payment of the unamortized portion of the cost of the plant or equipment, to take title thereto under appropriate circumstances.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1822(m), (o), Jan. 1, 2021, 134 Stat. 4203.)
heading: Codification
text: The text of subsec. (c) of section 2306c of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1822(o), was based on Pub. L. 106–398, § 1 [[div. A], title VIII, § 802(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–203.
heading: Prior Provisions
text: Section 3532, act Aug. 10, 1956, ch. 1041, 70A Stat. 201, provided that a colonel on the active list of the Regular Army who is detailed as special assistant to the Comptroller of the Department of Defense, has the grade of brigadier general while so serving, unless he is entitled to a higher grade, prior to repeal by Pub. L. 96–513, title II, §§ 210, 233(a), 234, title VII, § 701, Dec. 12, 1980, 94 Stat. 2884, 2887, 2955, effective Sept. 15, 1981.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1822(o), transferred subsec. (c) of section 2306c of this title to this section, struck out subsec. (c) designation and heading “Applicable Principles” at beginning, and substituted “this subchapter” for “this section” in introductory provisions.
heading: Effective Date
text: Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.
10 U.S.C. § 3534 (ARMED FORCES)
§ 3534. Multiyear contracts for acquisition of services: contracts with value above $500,000,000 to be specifically authorized by law
The head of an agency may not initiate a multiyear contract for services under this subchapter if the value of the multiyear contract would exceed $500,000,000 unless authority for the contract is specifically provided by law.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1822(m), (r), Jan. 1, 2021, 134 Stat. 4203, 4204.)
heading: Codification
text: The text of par. (2) of subsec. (d) of section 2306c of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1822(r), was based on Pub. L. 106–398, § 1 [[div. A], title VIII, § 802(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–203.
heading: Prior Provisions
text: A prior section 3534 was renumbered section 7214 of this title.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1822(r), transferred par. (2) of section 2306c(d) of this title to this section, struck out par. (2) designation at beginning, and substituted “this subchapter” for “this section”.
heading: Effective Date
text: Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.
10 U.S.C. § 3551 (ARMED FORCES)
§ 3551. Multiyear procurement authority: purchase of dinitrogen tetroxide, hydrazine, and hydrazine-related products
(a) Ten-Year Contract Period.—
The Secretary of Defense may enter into a contract for a period of up to 10 years for the purchase of dinitrogen tetroxide, hydrazine, and hydrazine-related products for the support of a United States national security program or a United States space program.
(b) Extensions.—
A contract entered into for more than one year under the authority of subsection (a) may be extended for a total of not more than 10 years pursuant to any option or options set forth in the contract.
(Added Pub. L. 107–314, div. A, title VIII, § 826(a), Dec. 2, 2002, 116 Stat. 2617, § 2410o; renumbered § 3551, Pub. L. 116–283, div. A, title XVIII, § 1822(t)(2), Jan. 1, 2021, 134 Stat. 4205.)
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2410o of this title as this section.
heading: Effective Date of 2021 Amendment
text: 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.
10 U.S.C. § 3571 (ARMED FORCES)
§ 3571. Simplified acquisition threshold
(a) Simplified Acquisition Threshold.—
For purposes of acquisitions by agencies named in section 3063 of this title, the simplified acquisition threshold is as specified in section 134 of title 41.
(b) Inapplicable Laws.—
No law properly listed in the Federal Acquisition Regulation pursuant to section 1905 of title 41 shall apply to or with respect to a contract or subcontract that is not greater than the simplified acquisition threshold.
(Added and amended Pub. L. 103–355, title IV, §§ 4002(a), 4102(a), Oct. 13, 1994, 108 Stat. 3338, 3340, § 2302a; Pub. L. 111–350, § 5(b)(9), Jan. 4, 2011, 124 Stat. 3843; renumbered § 3571 and amended Pub. L. 116–283, div. A, title XVIII, § 1823(b), (c)(1), Jan. 1, 2021, 134 Stat. 4205.)
heading: Prior Provisions
text: A prior section 3571, act Aug. 10, 1956, ch. 1041, 70A Stat. 204; Pub. L. 85–861, § 1(85), Sept. 2, 1958, 72 Stat. 1481; Pub. L. 86–559, § 1(21), June 30, 1960, 74 Stat. 271, provided that commissioned officers of the Army on active duty in the same grade rank among themselves according to date of rank and specified procedures for determining date of rank, prior to repeal by Pub. L. 96–513, title II, § 211, title VII, § 701, Dec. 12, 1980, 94 Stat. 2885, 2955, effective Sept. 15, 1981. See section 741 of this title.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1823(b), renumbered section 2302a of this title as this section.
Subsec. (a). Pub. L. 116–283, § 1823(c)(1), substituted “section 3063” for “section 2303”.
heading: Effective Date of 2021 Amendment
text: 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.
10 U.S.C. § 3572 (ARMED FORCES)
§ 3572. Implementation of simplified acquisition procedures
The simplified acquisition procedures contained in the Federal Acquisition Regulation pursuant to section 1901 of title 41 shall apply as provided in such section to the agencies named in section 3063 of this title.
(Added Pub. L. 103–355, title IV, § 4203(a)(1), Oct. 13, 1994, 108 Stat. 3345, § 2302b; amended Pub. L. 111–350, § 5(b)(10), Jan. 4, 2011, 124 Stat. 3843; renumbered § 3572 and amended Pub. L. 116–283, div. A, title XVIII, § 1823(b), (c)(2), Jan. 1, 2021, 134 Stat. 4205.)
heading: Prior Provisions
text: A prior section 3572 was renumbered section 7222 of this title.
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2302b of this title as this section and substituted “section 3063” for “section 2303(a)”.
heading: Effective Date of 2021 Amendment
text: 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.
10 U.S.C. § 3651 (ARMED FORCES)
§ 3651. [Reserved]
[Reserved]
heading: Prior Provisions
text: Prior sections 3661 to 3663 were repealed by Pub. L. 90–377, § 6(1), July 5, 1968, 82 Stat. 288.
Section 3661, act Aug. 10, 1956, ch. 1041, 70A Stat. 208, provided for organization and administration of United States Disciplinary Barracks.
Section 3662, act Aug. 10, 1956, ch. 1041, 70A Stat. 209, provided for military training, organization, and equipping of prisoners who have been sent to United States Disciplinary Barracks.
Section 3663, act Aug. 10, 1956, ch. 1041, 70A Stat. 209, authorized Secretary of the Army to parole or remit sentence and restore to duty offenders who are confined in United States Disciplinary Barracks.
10 U.S.C. § 3673 (ARMED FORCES)
§ 3673. Limitation on indemnification
Funds appropriated to the Department of Defense may not be used to indemnify any person under the terms of a contract entered into under this chapter—
(1) for any amount paid or due by any person to the United States for any liability arising under the Internal Revenue Code of 1986; or
(2) to pay any attorneys’ fees in connection with such contract.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1825(a), (c), Jan. 1, 2021, 134 Stat. 4206.)
heading: References in Text
text: The Internal Revenue Code of 1986, referred to in par. (1), is classified generally to Title 26, Internal Revenue Code.
heading: Codification
text: The text of par. (2) of subsec. (c) of section 2401 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1825(c), was based on Pub. L. 98–525, title XII, § 1232(a)(1)(C), Oct. 19, 1984, 98 Stat. 2600; Pub. L. 103–35, title II, § 201(c)(6), May 31, 1993, 107 Stat. 98; Pub. L. 104–106, div. A, title XV, § 1503(a)(21), Feb. 10, 1996, 110 Stat. 512.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1825(c), transferred par. (2) of section 2401(c) of this title to this section, struck out par. (2) designation at beginning, substituted “this chapter” for “this section” in introductory provisions, and redesignated subpars. (A) and (B) of such former par. (2) as pars. (1) and (2), respectively.
heading: Effective Date
text: Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.