Subsection (i)(1)(A), referred to in subsec. (g)(2), related to certification of full funding of support costs in multiyear contracts, prior to the general amendment of subsec. (i) by Pub. L. 113–291, div. A, title VIII, § 816(a),
Pub. L. 116–283, § 1822(b)–(l), which had initially directed the transfers of various subsections of section 2306b of this title to sections 3501 to 3511, was amended by Pub. L. 117–81, § 1701(k)(2), by striking out subsecs. (b) to (l) and adding a new subsec. (b). After that amendment, such transfers were no longer directed. Instead, Pub. L. 116–283, § 1822(b), as added by Pub. L. 117–81, directed the transfer of section 2306b of this title in its entirety to this section, thereby omitting what would have been sections 3502 to 3511 of this title. The transfer of section 2306b to this section was executed by transferring the text only of section 2306b, as the section designation and catchline had already been enacted by Pub. L. 116–283, § 1822(a), as amended by Pub. L. 117–81, § 1701(k)(1)(B).
The text of section 2306b of this title, which was transferred to this section by Pub. L. 116–283, § 1822(b), as amended by Pub. L. 117–81, § 1701(k)(2)(B), was based on Pub. L. 103–355, title I, § 1022(a)(1),
Prior sections 3501 and 3502 were repealed by Pub. L. 103–337, div. A, title XVI, §§ 1662(f)(2), 1691,
Section 3501, acts Aug. 10, 1956, ch. 1041, 70A Stat. 199;
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. See section 12408 of this title.
A prior section 3503 was renumbered section 7203 of this title.
Prior sections 3504, 3531, and 3532 were repealed by Pub. L. 96–513, title II, §§ 210, 233(a), 234, title VII, § 701,
Section 3504, acts Aug. 10, 1956, ch. 1041, 70A Stat. 200;
2023—Subsec. (a)(1). Pub. L. 118–31 inserted dash after “will result in” and subpar. (A) designation before “significant savings”, substituted “; or” for period at end, and added subpar. (B).
2022—Subsec. (i)(2). Pub. L. 117–263 substituted “shall include in the request a report” for “shall include in the request the following:
“(A) A report” and struck out subpar. (B) which read as follows: “Confirmation that the preliminary findings of the agency head under subparagraph (A) were supported by a preliminary cost analysis performed by the Director of Cost Assessment and Program Evaluation.”
2021—Pub. L. 117–81, § 1701(k)(1)(B), amended Pub. L. 116–283, § 1822(a), which enacted this section, by substituting “Multiyear contracts: acquisition of property” for “Multiyear contracts for acquisition of property: authority; definitions” in section catchline.
Pub. L. 116–283, § 1822(b), as added by Pub. L. 117–81, § 1701(k)(2)(B), transferred text of section 2306b of this title to this section. See Codification note above.
Subsec. (i)(3)(B). Pub. L. 116–283, § 1883(b)(2), substituted “section 3226(b)” for “section 2334(e)(2)”.
Subsec. (i)(3)(C). Pub. L. 116–283, § 1883(b)(2), substituted “section 4374” for “section 2433(d)”.
Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.
Section and amendment by Pub. L. 116–283 effective
Pub. L. 114–328, div. A, title VIII, § 853, “(a) The Secretary of Defense may conduct a multiyear contract, over a period of up to four years, for the purchase of units for multiple defense programs that are produced at common facilities at a high rate, and which maximize commonality, efficiencies, and quality, in order to provide maximum benefit to the Department of Defense. Contracts awarded under this section should allow for significant savings, as determined consistent with the authority under section 2306b of title 10, United States Code [see 10 U.S.C. 3501], to be achieved as compared to using separate annual contracts under individual programs to purchase such units, and may include flexible delivery across the overall period of performance.“(b) The contracts authorized in subsection (a) shall at a minimum provide for the acquisition of units from three discrete programs from two of the military departments.“(c) Each contract awarded under subsection (a) shall include the documentation required to be provided for a multiyear contract proposal under section 2306b(i) of title 10 [see 10 U.S.C. 3501(i)].“(d) In this section:“(1) The term ‘high rate’ means total annual production across the multiple defense programs of more than 200 end-items per year.“(2) The term ‘common facilities’ means production facilities operating within the same general and allowable rate structure.“(e) No new contracts may be awarded under the authority of this section after
Pub. L. 105–56, title VIII, § 8008, “Funds appropriated in title III of this Act [111 Stat. 1211] may be used for multiyear procurement contracts as follows: “Apache Longbow radar; “AV–8B aircraft; and “Family of Medium Tactical Vehicles.“(a) None of the funds provided in this Act [see Tables for classification] shall be available to initiate: (1) a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year of the contract or that includes an unfunded contingent liability in excess of $20,000,000; or (2) a contract for advance procurement leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year, unless the congressional defense committees [Committee on Armed Services and Subcommittee on National Security of the Committee on Appropriations of the House of Representatives and Committee on Armed Services and Subcommittee on Defense of the Committee on Appropriations of the Senate] have been notified at least 30 days in advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act shall be available to 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: Provided further, That no part of any appropriation contained in this Act shall be available to initiate multiyear procurement contracts for any systems or component thereof if the value of the multiyear contract would exceed $500,000,000 unless specifically provided in this Act: Provided further, That no multiyear procurement contract can be terminated without 10-day prior notification to the congressional defense committees: Provided further, That the execution of multiyear authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement.“(b) None of the funds provided in this Act and hereafter may be used to submit to Congress (or to any committee of Congress) a request for authority to enter into a contract covered by those provisions of subsection (a) that precede the first proviso of that subsection unless—“(1) such request is made as part of the submission of the President’s Budget for the United States Government for any fiscal year and is set forth in the Appendix to that budget as part of proposed legislative language for appropriations bills for the next fiscal year; or“(2) such request is formally submitted by the President as a budget amendment; or“(3) the Secretary of Defense makes such request in writing to the congressional defense committees.”
Similar provisions were contained in the following appropriation acts:
Pub. L. 118–47, div. A, title VIII, § 8010,
Pub. L. 117–328, div. C, title VIII, § 8010,
Pub. L. 117–103, div. C, title VIII, § 8010,
Pub. L. 116–260, div. C, title VIII, § 8010,
Pub. L. 116–93, div. A, title VIII, § 8010,
Pub. L. 115–245, div. A, title VIII, § 8010,
Pub. L. 115–141, div. C, title VIII, § 8010,
Pub. L. 115–31, div. C, title VIII, § 8010,
Pub. L. 114–113, div. C, title VIII, § 8010,
Pub. L. 113–235, div. C, title VIII, § 8010,
Pub. L. 113–76, div. C, title VIII, § 8010,
Pub. L. 113–6, div. C, title VIII, § 8010,
Pub. L. 112–74, div. A, title VIII, § 8010,
Pub. L. 112–10, div. A, title VIII, § 8010,
Pub. L. 111–118, div. A, title VIII, § 8011,
Pub. L. 110–329, div. C, title VIII, § 8011,
Pub. L. 110–116, div. A, title VIII, § 8010,
Pub. L. 109–289, div. A, title VIII, § 8008,
Pub. L. 109–148, div. A, title VIII, § 8008,
Pub. L. 108–287, title VIII, § 8008,
Pub. L. 108–87, title VIII, § 8008,
Pub. L. 107–248, title VIII, § 8008,
Pub. L. 107–117, div. A, title VIII, § 8008,
Pub. L. 106–259, title VIII, § 8008,
Pub. L. 106–79, title VIII, § 8008,
Pub. L. 105–262, title VIII, § 8008,
Pub. L. 104–208, div. A, title I, § 101(b) [title VIII, § 8009],
Pub. L. 104–61, title VIII, § 8010,
Pub. L. 103–335, title VIII, § 8010,
Pub. L. 103–139, title VIII, § 8011,
Pub. L. 102–396, title IX, § 9013,
Pub. L. 102–172, title VIII, § 8013,
Pub. L. 101–511, title VIII, § 8014,
Pub. L. 101–165, title IX, § 9021,