§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. §3732; June 12, 1906, ch. 3078, 34 Stat. 255 ; Pub. L. 89–687, title VI, §612(e), Oct. 15, 1966, 80 Stat. 993 ; Pub. L. 98–557, §17(e), Oct. 30, 1984, 98 Stat. 2868 ; Pub. L. 104–106, div. D, title XLIII, §4322(b)(4), Feb. 10, 1996, 110 Stat. 677 .)

Codification

R.S. §3732 derived from act Mar. 2, 1861, ch. 84, §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, §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, §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, §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, §17(e)(3), Oct. 30, 1984, 98 Stat. 2868 .

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.