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10 U.S.C. § 2852 — Military construction projects: waiver of certain restrictions
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Defense and the Secretaries of the military departments may carry out authorized military construction projects and authorized military family housing projects without regard to subsections (a) and (b) of [section 3324 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3324&num=0&edition=prelim).
**(b)** Authority to carry out a military construction project or a military family housing project may be exercised on land not owned by the United States—
(1) before title to the land on which the project is to be carried out is approved under [section 3111 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3111&num=0&edition=prelim); and
(2) even though the land will be held in other than a fee simple interest in a case in which the Secretary of the military department concerned determines that the interest to be acquired in the land is sufficient for the purposes of the project.
**(c)** In the case of a military construction project or a military family housing project, the contract amount thresholds specified in subchapter III of chapter 31 of title 40 (commonly referred to as the Miller Act) shall be applied by substituting “$150,000” for “$100,000” for purposes of determining when a performance bond and payment bond are required under section 3131 of such title and when alternatives to payment bonds as payment protections for suppliers of labor and materials are required under section 3132 of such title.
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Stable record: federal_law:legal_authorities:record_usc_7ff8aa878e104c15c8cb6d29
Source file: Laws/federal/codes/united-states-code/title-10/section-2852-military-construction-projects-waiver-of-certain-restrictions--13998deb05.md
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Source location: Title 10, Chapter 169, § 2852; chapter-169-military-construction-and-military-family-housing.md
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**(a)** The Secretary of Defense and the Secretaries of the military departments may carry out authorized military construction projects and authorized military family housing projects without regard to subsections (a) and (b) of [section 3324 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3324&num=0&edition=prelim).
**(b)** Authority to carry out a military construction project or a military family housing project may be exercised on land not owned by the United States—
(1) before title to the land on which the project is to be carried out is approved under [section 3111 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3111&num=0&edition=prelim); and
(2) even though the land will be held in other than a fee simple interest in a case in which the Secretary of the military department concerned determines that the interest to be acquired in the land is sufficient for the purposes of the project.
**(c)** In the case of a military construction project or a military family housing project, the contract amount thresholds specified in subchapter III of chapter 31 of title 40 (commonly referred to as the Miller Act) shall be applied by substituting “$150,000” for “$100,000” for purposes of determining when a performance bond and payment bond are required under section 3131 of such title and when alternatives to payment bonds as payment protections for suppliers of labor and materials are required under section 3132 of such title.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in this section, a payment under a contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered.
**(b)** An advance of public money may be made only if it is authorized by—
(1) a specific appropriation or other law; or
(2) the President to be made to—
(A) a disbursing official if the President decides the advance is necessary to carry out—
(i) the duties of the official promptly and faithfully; and
(ii) an obligation of the Government; or
(B) an individual serving in the armed forces at a distant station if the President decides the advance is necessary to disburse regularly pay and allowances.
**(c)** Before the Secretary of the Treasury acts on a requisition for an advance, the Comptroller General shall act on the requisition under [section 3522 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3522&num=0&edition=prelim). The Comptroller General does not countersign a requisition for an advance.
**(d)** The head of an agency may pay in advance from appropriations available for the purpose—
(1) to the Secretary of the Army, charges for messages sent by the Secretary of the Army for the head of the agency, including charges for—
(A) payment of tolls of commercial carriers;
(B) leasing facilities for sending messages; and
(C) installing and maintaining facilities for sending messages; and
(2) charges for a publication printed or recorded in any way for the auditory or visual use of the agency.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3324
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Approval of Attorney General Required.—** Public money may not be expended to purchase land or any interest in land unless the Attorney General gives prior written approval of the sufficiency of the title to the land for the purpose for which the Federal Government is acquiring the property.
**(b) Delegation.—**
(1) **In general.—** — The Attorney General may delegate the responsibility under this section to other departments and agencies of the Government, subject to general supervision by the Attorney General and in accordance with regulations the Attorney General prescribes.
(2) **Request for opinion of attorney general.—** — A department or agency of the Government that has been delegated the responsibility to approve land titles under this section may request the Attorney General to render an opinion as to the validity of the title to any real property or interest in the property, or may request the advice or assistance of the Attorney General in connection with determinations as to the sufficiency of titles.
**(c) Payment of Expenses for Procuring Certificates of Title.—** Except where otherwise authorized by law or provided by contract, the expenses of procuring certificates of titles or other evidences of title as the Attorney General may require may be paid out of the appropriations for the acquisition of land or out of the appropriations made for the contingencies of the acquiring department or agency of the Government.
**(d) Nonapplication.—** This section does not affect any provision of law in effect on September 1, 1970, that is applicable to the acquisition of land or interests in land by the Tennessee Valley Authority.
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 3111
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The term “military construction” as used in this chapter or any other provision of law includes any construction, development, conversion, or extension of any kind carried out with respect to a military installation, whether to satisfy temporary or permanent requirements, or any acquisition of land or construction of a defense access road (as described in [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)).
**(b)** A military construction project includes all military construction work, or any contribution authorized by this chapter, necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility (or to produce such portion of a complete and usable facility or improvement as is specifically authorized by law).
**(c)** In this chapter and chapter 173 of this title:
(1) The term “appropriate committees of Congress” means the congressional defense committees and, with respect to any project to be carried out by, or for the use of, an intelligence component of the Department of Defense, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(2) The term “facility” means a building, structure, or other improvement to real property.
(3) The term “life-cycle cost-effective”, with respect to a project, product, or measure, means that the sum of the present values of investment costs, capital costs, installation costs, energy costs, operating costs, maintenance costs, and replacement costs, as estimated for the lifetime of the project, product, or measure, does not exceed the base case (current or standard) for the practice, product, or measure.
(4) The term “mil
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2801
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Federal law — U.S. Code and appendices · legal_authorities
Page 2272
TITLE 10—ARMED FORCES
§ 2852
of the Senate, a Chief Housing Officer who shall oversee
family housing and military unaccompanied housing
under the jurisdiction of the Department of Defense or
acquired or constructed under subchapter IV of this
chapter (in this section referred to as ‘covered housing
units’).
‘‘(2) The official of the Department of Defense des-
ignated as Chief Housing Officer may be assigned duties
in addition to the duties as Chief Housing Officer under
subsection (b).’’
2021—Pub. L. 116–283, § 2811(a)(3), renumbered section
2890a of this title as this section.
Pub. L. 116–283, § 2811(a)(2), inserted ‘‘Supervision of
military housing by’’ before ‘‘Chief’’ in section catch-
line.
Subsec. (a)(1). Pub. L. 116–283, § 2811(a)(1)(A), sub-
stituted ‘‘family housing and military unaccompanied
housing under the jurisdiction of the Department of
Defense or acquired or constructed under subchapter IV
of this chapter (in this section referred to as ‘covered
housing units’)’’ for ‘‘housing units’’.
Subsec. (b)(1). Pub. L. 116–283, § 2811(a)(1)(B)(ii), in-
serted ‘‘covered’’ before ‘‘housing units’’ in subpars. (A)
and (B).
Pub. L. 116–283, § 2811(a)(1)(B)(i), substituted ‘‘covered
housing units’’ for ‘‘housing under subchapter IV and
this subchapter’’ in introductory provisions.
Statutory Notes and Related Subsidiaries
NOTIFICATION OF DESIGNATION
Pub. L. 116–92, div. B, title XXX, § 3012(b), Dec. 20,
2019, 133 Stat. 1921, provided that not later than 60 days
after Dec. 20, 2019, the Secretary of Defense was to no-
tify the Committees on Armed Services and Appropria-
tions of the Senate and the House of Representatives of
the official of the Department of Defense designated as
Chief Housing Officer under this section. As amended
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2852
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