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10 U.S.C. § 2864 — Master plans for major military installa-
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Page 2285
TITLE 10—ARMED FORCES
§ 2864
1 See Temporary Expansion of Authority for Use of One-Step
Turn-Key Procedures for Repair Projects note below.
(2) A repair project (as defined in section
2811(e) of this title) with an approved cost
equal to or less than $4,000,000.1
(3) The construction of a facility as part of
an authorized security assistance activity.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘one-step turn-key selection
procedures’’ means procedures used for the se-
lection of a contractor on the basis of price
and other evaluation criteria to perform, in
accordance with the provisions of a firm fixed-
price contract, both the design and construc-
tion of a facility using performance specifica-
tions supplied by the Secretary concerned.
(2) The term ‘‘security assistance activity’’
means—
(A) humanitarian and civic assistance au-
thorized by sections 401 and 2561 of this title;
(B) foreign disaster assistance authorized
by section 404 of this title;
(C) foreign military construction sales au-
thorized by section 29 of the Arms Export
Control Act (22 U.S.C. 2769);
(D) foreign assistance authorized under
sections 607 and 632 of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2357, 2392); and
(E) other international security assistance
specifically authorized by law.
(Added Pub. L. 99–167, title VIII, § 807(a), Dec. 3,
1985, 99 Stat. 988; amended Pub. L. 100–26,
§ 7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L.
100–180, div. B, subdiv. 3, title I, § 2301, Dec. 4,
1987, 101 Stat. 1214; Pub. L. 101–189, div. B, title
XXVIII, § 2806, Nov. 29, 1989, 103 Stat. 1647; Pub.
L. 102–190, div. B, title XXVIII, § 2802, Dec. 5,
1991, 105 Stat. 1537; Pub. L. 113–291, div. B, title
XXVIII, § 2804, Dec. 19, 2014, 128 Stat. 3697.)
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Page 2285
TITLE 10—ARMED FORCES
§ 2864
1 See Temporary Expansion of Authority for Use of One-Step
Turn-Key Procedures for Repair Projects note below.
(2) A repair project (as defined in section
2811(e) of this title) with an approved cost
equal to or less than $4,000,000.1
(3) The construction of a facility as part of
an authorized security assistance activity.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘one-step turn-key selection
procedures’’ means procedures used for the se-
lection of a contractor on the basis of price
and other evaluation criteria to perform, in
accordance with the provisions of a firm fixed-
price contract, both the design and construc-
tion of a facility using performance specifica-
tions supplied by the Secretary concerned.
(2) The term ‘‘security assistance activity’’
means—
(A) humanitarian and civic assistance au-
thorized by sections 401 and 2561 of this title;
(B) foreign disaster assistance authorized
by section 404 of this title;
(C) foreign military construction sales au-
thorized by section 29 of the Arms Export
Control Act (22 U.S.C. 2769);
(D) foreign assistance authorized under
sections 607 and 632 of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2357, 2392); and
(E) other international security assistance
specifically authorized by law.
(Added Pub. L. 99–167, title VIII, § 807(a), Dec. 3,
1985, 99 Stat. 988; amended Pub. L. 100–26,
§ 7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L.
100–180, div. B, subdiv. 3, title I, § 2301, Dec. 4,
1987, 101 Stat. 1214; Pub. L. 101–189, div. B, title
XXVIII, § 2806, Nov. 29, 1989, 103 Stat. 1647; Pub.
L. 102–190, div. B, title XXVIII, § 2802, Dec. 5,
1991, 105 Stat. 1537; Pub. L. 113–291, div. B, title
XXVIII, § 2804, Dec. 19, 2014, 128 Stat. 3697.)
Editorial Notes
AMENDMENTS
2014—Pub. L. 113–291 amended section generally. Prior
to amendment, text read as follows:
‘‘(a) AUTHORITY
TO USE.—The Secretary concerned
may use one-step turn-key selection procedures for the
purpose of entering into contracts for the construction
of authorized military construction projects.
‘‘(b) DEFINITION.—In this section, the term ‘one-step
turn-key selection procedures’ means procedures used
for the selection of a contractor on the basis of price
and other evaluation criteria to perform, in accordance
with the provisions of a firm fixed-price contract, both
the design and construction of a facility using perform-
ance specifications supplied by the Secretary con-
cerned.’’
1991—Pub. L. 102–190 redesignated par. (1) of subsec.
(a) as entire subsec. (a) and inserted heading, redesig-
nated par. (2) of subsec. (a) as (b), inserted heading, and
struck out former subsecs. (b) and (c) which read as fol-
lows:
‘‘(b) The Secretary of Defense, with respect to any
Defense Agency, or the Secretary of a military depart-
ment may not, during any fiscal year, enter into more
than three contracts for military construction projects
using procedures authorized by this section.
‘‘(c) The authority under this section shall expire on
October 1, 1991.’’
1989—Subsec. (a)(1). Pub. L. 101–189, § 2806(1), struck
out at end ‘‘Such procedures may be used by the Sec-
retary of a military department only with the approval
of the Secretary of Defense.’’
Subsec. (c). Pub. L. 101–189, § 2806(2), substituted
‘‘1991’’ for ‘‘1990’’.
1987—Subsec. (a)(1). Pub. L. 100–180, § 2301(1), sub-
stituted ‘‘The Secretary concerned’’ for ‘‘The Secre-
taries of the military departments, with the approval
of the Secretary of Defense,’’ and inserted provision at
end that such procedures may be used by the Secretary
of a military department only with the approval of the
Secretary of Defense.
Subsec. (a)(2). Pub. L. 100–26 inserted ‘‘the term’’
after ‘‘In this section,’’.
Subsec. (b). Pub. L. 100–180, § 2301(2), inserted ‘‘Sec-
retary of Defense, with respect to any Defense Agency,
or the’’ after ‘‘The’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 99–167, title VIII, § 807(c), Dec. 3, 1985, 99 Stat.
989, provided that: ‘‘The amendments made by this sec-
tion [enacting this section] shall take effect on October
1, 1986.’’
TEMPORARY
EXPANSION
OF
AUTHORITY
FOR
USE
OF
ONE-STEP
TURN-KEY
PROCEDURES
FOR
REPAIR
PROJECTS
Pub. L. 118–31, div. B, title XXVIII, § 2806, Dec. 22,
2023, 137 Stat. 745, provided that: ‘‘During the five-year
period beginning on the date of the enactment of this
Act [Dec. 22, 2023], section 2862(a)(2) of title 10, United
States Code, shall be applied and administered by sub-
stituting ‘$8,000,000’ for ‘$4,000,000’.’’
§ 2863. Payment of contractor claims
Notwithstanding any other provision of law,
the Secretary concerned may pay meritorious
contractor claims that arise under military con-
struction contracts or family housing contracts.
The Secretary of Defense, with respect to a De-
fense Agency, or the Secretary of a military de-
partment may use for such purpose any unobli-
gated funds appropriated to such department
and available for military construction or fam-
ily housing construction, as the case may be.
(Added Pub. L. 100–180, div. B, subdiv. 3, title I,
§ 2303(a), Dec. 4, 1987, 101 Stat. 1215.)
§ 2864. Master plans for major military installa-
tions
(a) PLANS REQUIRED.—(1) At a time interval
prescribed by the Secretary concerned (but not
less frequently than once every 10 years), the
commander of each major military installation
under the jurisdiction of the Secretary shall en-
sure that an installation master plan is devel-
oped to address environmental planning, sus-
tainable design and development, sustainable
range planning, real property master planning,
military installation resilience, and transpor-
tation planning.
(2) To address the requirements under para-
graph (1), each installation master plan shall in-
clude consideration of—
(A) planning for compact and infill develop-
ment;
(B) horizontal and vertical mixed-use devel-
opment;
(C) the full lifecycle costs of real property
planning decisions;
(D) capacity planning through the establish-
ment of growth boundaries around canton-
ment areas to focus development towards the
core and preserve range and training space;
and
Page 2286
TITLE 10—ARMED FORCES
§ 2864
1 See References in Text note below.
(E) energy and climate resiliency efforts and
military installation resilience.
(3)(A) The commander of a major military in-
stallation shall develop and update the master
plan for that major military installation in con-
sultation with representatives of the govern-
ment of the State in which the installation is lo-
cated and representatives of local governments
in the vicinity of the installation to improve co-
operation and consistency between the Depart-
ment of Defense and such governments in ad-
dressing each component of the master plan de-
scribed in paragraph (1).
(B) The consultation required by subparagraph
(A) is in addition to the consultation specifi-
cally required by subsection (b)(1) in connection
with the transportation component of the mas-
ter plan for a major military installation.
(b)
TRANSPORTATION
COMPONENT.—(1)
The
transportation component of the master plan for
a major military installation shall be developed
and updated in consultation with the metropoli-
tan planning organization designated for the
metropolitan planning area in which the mili-
tary installation is located.
(2) To address the requirements under sub-
section (a) and paragraph (1), each installation
master plan shall include consideration of ways
to diversify and connect transit systems.
(c) MILITARY INSTALLATION RESILIENCE COMPO-
NENT.—To address military installation resil-
ience under subsection (a)(1), each installation
master plan shall discuss the following:
(1) Risks and threats to military installation
resilience that exist at the time of the devel-
opment of the plan and that are projected for
the future, including from extreme weather
events, mean sea level fluctuation, wildfires,
flooding, and other changes in environmental
conditions.
(2) Assets or infrastructure located on the
military installation vulnerable to the risks
and threats described in paragraph (1), with a
special emphasis on assets or infrastructure
critical to the mission of the installation and
the mission of members of the armed forces.
(3) Lessons learned from the impacts of ex-
treme weather events, including changes made
to the military installation to address such
impacts, since the prior master plan developed
under this section.
(4)
Ongoing
or
planned
infrastructure
projects or other measures, as of the time of
the development of the plan, to mitigate the
impacts of the risks and threats described in
paragraph (1).
(5) Community infrastructure and resources
located outside the installation (such as med-
ical facilities, transportation systems, and en-
ergy infrastructure) that are—
(A) necessary to maintain mission capa-
bility or that impact the resilience of the
military installation; and
(B) vulnerable to the risks and threats de-
scribed in paragraph (1).
(6) Agreements in effect or planned, as of the
time of the development of the plan, with pub-
lic or private entities for the purpose of main-
taining or enhancing military installation re-
silience or resilience of the community infra-
structure and resources described in paragraph
(5).
(7) Extent of current coordination efforts
and plans for additional coordination, as of
the time of the development of the plan, with
public or private entities for the purpose of
maintaining or enhancing military installa-
tion resilience or resilience of the community
infrastructure and resources described in para-
graph (5).
(8) Projections from recognized govern-
mental and scientific entities such as the Cen-
sus
Bureau,
the
National
Academies
of
Sciences, the United States Geological Sur-
vey, and the United States Global Change Re-
search Office (or any similar successor enti-
ties) with respect to future risks and threats
(including the risks and threats described in
paragraph (1)) to the resilience of any project
considered in the installation master plan dur-
ing the 50-year lifespan of the installation.
(d) REPORT.—Not later than March 1 of each
year, the Secretary of Defense shall submit to
the congressional defense committees a report
listing all master plans completed pursuant to
this section in the prior calendar year.
(e) SAVINGS CLAUSE.—Nothing in this section
shall supersede the requirements of section
2859(a) of this title.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘major military installation’’
has the meaning given to the term ‘‘large
site’’ in the most recent version of the Depart-
ment of Defense Base Structure Report issued
before the time interval prescribed for devel-
opment of installation master plans arises
under subsection (a).
(2) The terms ‘‘metropolitan planning area’’
and ‘‘metropolitan planning organization’’
have the meanings given those terms in sec-
tion 134(b) of title 23 and section 5303(b) of
title 49.
(3) The term ‘‘energy and climate resil-
iency’’ means anticipation, preparation for,
and adaptation to utility disruptions and
changing environmental conditions and the
ability to withstand, respond to, and recover
rapidly from utility disruptions while ensur-
ing the sustainment of mission-critical oper-
ations.
(4) The term ‘‘military installation resil-
ience’’ has the meaning given that term in
section 101(e) 1 of this title.
(Added Pub. L. 112–239, div. B, title XXVIII,
§ 2802(a), Jan. 2, 2013, 126 Stat. 2147; amended
Pub. L. 113–66, div. B, title XXVIII, § 2811, Dec.
26, 2013, 127 Stat. 1013; Pub. L. 115–232, div. B,
title XXVIII, § 2805(d), Aug. 13, 2018, 132 Stat.
2263; Pub. L. 116–92, div. B, title XXVIII, § 2801(a),
Dec. 20, 2019, 133 Stat. 1879; Pub. L. 117–81, div. B,
title XXVIII, §§ 2831, 2832, Dec. 27, 2021, 135 Stat.
2198; Pub. L. 118–31, div. A, title XVIII,
§ 1801(a)(23), Dec. 22, 2023, 137 Stat. 684.)
Editorial Notes
REFERENCES IN TEXT
Section 101(e) of this title, referred to in subsec. (f)(4),
was redesignated section 101(f) of this title, and a new
Page 2287
TITLE 10—ARMED FORCES
§ 2864
subsec. (e) of section 101 was added, by Pub. L. 118–31,
div. A, title XVII, § 1713(a), Dec. 22, 2023, 137 Stat. 625.
PRIOR PROVISIONS
A prior section 2864, added Pub. L. 101–189, div. B,
title XXVIII, § 2807(a), Nov. 29, 1989, 103 Stat. 1648;
amended Pub. L. 104–106, div. A, title X, § 1062(g), Feb.
10, 1996, 110 Stat. 444, related to military construction
contracts on Guam, prior to repeal by Pub. L. 109–364,
div. B, title XXVIII, § 2810(a), Oct. 17, 2006, 120 Stat.
2470.
AMENDMENTS
2023—Subsec. (f)(4), (6). Pub. L. 118–31 redesignated
par. (6) as (4).
2021—Subsec. (a)(2)(E). Pub. L. 117–81, § 2832(a), in-
serted ‘‘and military installation resilience’’ before pe-
riod at end.
Subsec. (a)(3). Pub. L. 117–81, § 2831, added par. (3).
Subsec. (c)(7), (8). Pub. L. 117–81, § 2832(b), added par.
(7) and redesignated former par. (7) as (8).
Subsec. (f)(6). Pub. L. 117–81, § 2832(c), added par. (6).
2019—Subsec. (a)(1). Pub. L. 116–92, § 2801(a)(1)(A), in-
serted ‘‘military installation resilience,’’ after ‘‘master
planning,’’.
Subsec. (c). Pub. L. 116–92, § 2801(a)(1)(C), added sub-
sec. (c). Former subsec. (c) redesignated (e).
Subsec. (d). Pub. L. 116–92, § 2801(a)(2), added subsec.
(d). Former subsec. (d) redesignated (f).
Subsecs. (e), (f). Pub. L. 116–92, § 2801(a)(1)(B), redesig-
nated subsecs. (c) and (d) as (e) and (f), respectively.
2018—Subsec. (a)(2)(E). Pub. L. 115–232, § 2805(d)(1),
added subpar. (E).
Subsec. (d)(3). Pub. L. 115–232, § 2805(d)(2), added par.
(3).
2013—Subsec. (a). Pub. L. 113–66, § 2811(1), designated
existing provisions as par. (1) and added par. (2).
Subsec. (b). Pub. L. 113–66, § 2811(2), designated exist-
ing provisions as par. (1) and added par. (2).
Subsecs. (c), (d). Pub. L. 113–66, § 2811(3), (4), added
subsec. (c) and redesignated former subsec. (c) as (d).
Statutory Notes and Related Subsidiaries
INTERAGENCY REGIONAL COORDINATOR FOR RESILIENCE
PILOT PROJECT
Pub. L. 117–263, div. B, title XXVIII, § 2872, Dec. 23,
2022, 136 Stat. 3014, provided that:
‘‘(a) PILOT PROJECT.—The Secretary of Defense shall
carry out a pilot program under which the Secretary
shall establish within the Department of Defense four
Interagency Regional Coordinators. Each Interagency
Regional Coordinator shall be responsible for improv-
ing the resilience of a community that supports a mili-
tary installation and serving as a model for enhancing
community resilience before disaster strikes.
‘‘(b) SELECTION.—Each Interagency Regional Coordi-
nator shall support military installations and sur-
rounding communities within a geographic area, with
at least one such Coordinator serving each of the East,
West, and Gulf coasts. For purposes of the project, the
Secretary shall select geographic areas—
‘‘(1) with significant sea level rise and recurrent
flooding that prevents members of the Armed Forces
from reaching their posts or jeopardizes military
readiness; and
‘‘(2) where communities have collaborated on
multi-jurisdictional climate adaptation planning ef-
forts, including such collaboration with the Army
Corps of Engineers Civil Works Department and
through Joint Land Use Studies.
‘‘(c) COLLABORATION.—In carrying out the pilot
project, the Secretary shall build on existing efforts
through collaboration with State and local entities, in-
cluding emergency management, transportation, plan-
ning, housing, community development, natural re-
source managers, and governing bodies and with the
heads of appropriate Federal departments and agen-
cies.’’
STRATEGIC DECISIONS RELATING
TO MILITARY INSTAL-
LATIONS; IMPLICATIONS
OF
MILITARY
INSTALLATION
RESILIENCE
FOR
STRATEGY; PLANS
AND
PLANNING
DOCUMENTS; DEFINITIONS
Pub. L. 117–81, div. A, title III, § 311(d)–(g), (j), Dec. 27,
2021, 135 Stat. 1626, 1627, provided that:
‘‘(d) STRATEGIC DECISIONS RELATING TO MILITARY IN-
STALLATIONS.—The Secretary of each military depart-
ment, with respect to any installation under the juris-
diction of that Secretary, and the Secretary of Defense,
with respect to any installation of the Department of
Defense that is not under the jurisdiction of the Sec-
retary of a military department, shall consider the
strategic risks associated with military installation re-
silience.
‘‘(e) NATIONAL
DEFENSE
STRATEGY
AND
NATIONAL
MILITARY STRATEGY.—The Secretary of Defense, in co-
ordination with the heads of such other Federal agen-
cies as the Secretary determines appropriate, shall in-
corporate the security implications of military instal-
lation resilience into the National Defense Strategy
and the National Military Strategy.
‘‘(f) NATIONAL SECURITY PLANNING DOCUMENTS.—The
Secretary of Defense and the Chairman of the Joint
Chiefs of Staff shall consider the security implications
associated with military installation resilience in de-
veloping the Defense Planning Guidance under section
113(g)(2) of title 10, United States Code, the Risk As-
sessment of the Chairman of the Joint Chiefs of Staff
under section 153(b)(2) of such title, and other relevant
strategy, planning, and programming documents and
processes.
‘‘(g) CAMPAIGN PLANS OF COMBATANT COMMANDS.—The
Secretary of Defense shall ensure that the national se-
curity implications associated with military installa-
tion resilience are integrated into the campaign plans
of the combatant commands.
‘‘(j) DEFINITIONS.—In this section [transferring sec-
tion 118a of this title to section 118b of this title,
amending sections 113, 153, and 2925 of this title, enact-
ing provisions set out as notes under this section and
section 2925 of this title, and amending provisions set
out as a note under section 118b of this title]:
‘‘(1) The term ‘military installation resilience’ has
the meaning given that term in section 101(e) of title
10, United States Code [now 10 U.S.C. 101(f)].
‘‘(2) The term ‘National Defense Strategy’ means
the national defense strategy under section 113(g)(1)
of such title.
‘‘(3) The term ‘National Military Strategy’ means
the national military strategy under section 153(b) of
such title.’’
PROMPT COMPLETION
OF MILITARY INSTALLATION RE-
SILIENCE COMPONENT OF MASTER PLANS FOR AT-RISK
MAJOR MILITARY INSTALLATIONS
Pub. L. 117–81, div. B, title XXVIII, § 2833, Dec. 27,
2021, 135 Stat. 2199, provided that:
‘‘(a) IDENTIFICATION OF AT-RISK INSTALLATIONS.—Not
later than 30 days after the date of the enactment of
this Act [Dec. 27, 2021], each Secretary of a military de-
partment shall—
‘‘(1) identify at least two major military installa-
tions under the jurisdiction of that Secretary that
the Secretary considers at risk from extreme weather
events; and
‘‘(2) notify the Committees on Armed Services of
the Senate and the House of Representatives of the
major military installations identified under para-
graph (1).
‘‘(b) COMPLETION DEADLINE.—Not later than one year
after the date of the enactment of this Act, each Sec-
retary of a military department shall ensure that the
military installation resilience component of the mas-
ter plan for each major military installation identified
by the Secretary under subsection (a) is completed.
Page 2288
TITLE 10—ARMED FORCES
§ 2865
‘‘(c) BRIEFINGS.—Not later than 60 days after comple-
tion of a master plan component as required by sub-
section (b) for a major military installation, the Sec-
retary of the military department concerned shall brief
the Committees on Armed Services of the Senate and
the House of Representatives regarding the results of
the master plan efforts for that major military instal-
lation.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘major military installation’ has the
meaning given that term in section 2864(f) of title 10,
United States Code.
‘‘(2) The term ‘master plan’ means the master plan
required by section 2864(a) of title 10, United States
Code, for a major military installation.’’
REMOVAL OF BARRIERS THAT DISCOURAGE INVESTMENTS
TO INCREASE MILITARY INSTALLATION RESILIENCE
Pub. L. 116–92, div. A, title III, § 327, Dec. 20, 2019, 133
Stat. 1311, provided that:
‘‘(a) IN GENERAL.—The Secretary of Defense shall—
‘‘(1) identify and seek to remove barriers that dis-
courage investments to increase military installation
resilience;
‘‘(2) reform policies and programs that unintention-
ally increased the vulnerability of systems to related
extreme weather events; and
‘‘(3) develop, and update at least once every four
years, an adaptation plan to assess how climate im-
pacts affected the ability of the Department of De-
fense to accomplish its mission, and the short-and
long- term actions the Department can take to en-
sure military installation resilience.
‘‘(b) MILITARY INSTALLATION RESILIENCE.—In this sec-
tion, the term ‘military installation resilience’ has the
meaning given such term in section 101(e)(8) of title 10,
United States Code [now 10 U.S.C. 101(f)(8)].’’
INCORPORATION
OF
CHANGING
ENVIRONMENTAL
CONDI-
TION
PROJECTIONS
IN
MILITARY
CONSTRUCTION
DE-
SIGNS AND MODIFICATIONS
Pub. L. 115–232, div. B, title XXVIII, § 2805(c), Aug. 13,
2018, 132 Stat. 2262, as amended by Pub. L. 116–92, div.
A, title XVII, § 1731(b)(4), div. B, title XXVII, § 2804(c),
Dec. 20, 2019, 133 Stat. 1816, 1882, provided that:
‘‘(1) FISCAL YEAR 2019.—Not later than 30 days after
the date of the enactment of this Act [Aug. 13, 2018],
the Secretary of Defense shall amend section 3–5.6.2.3 of
Unified Facilities Criteria (UFC) 1-200-01 and UFC 1-200-
02 (or any similar successor regulations) to provide
that in order to anticipate changing environmental
conditions during the design life of existing or planned
new facilities and infrastructure, projections from reli-
able and authorized sources such as the Census Bureau
(for population projections), the National Academies of
Sciences (for land use change projections and climate
projections), the U.S. Geological Survey (for land use
change projections), and the U.S. Global Change Re-
search Office and National Climate Assessment (for cli-
mate projections) shall be considered and incorporated
into military construction designs and modifications.
‘‘(2) FISCAL YEAR 2020.—
‘‘(A) AMENDMENTS
REQUIRED.—Not later than 30
days after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2020 [Dec.
20, 2019], the Secretary of Defense shall amend the
Unified Facilities Criteria as follows:
‘‘(i) To require that installations of the Depart-
ment of Defense assess the risks from extreme
weather and related effects, and develop plans to
address such risks.
‘‘(ii) To require in the development of such Cri-
teria the use of—
‘‘(I) land use change projections through the use
of land use and land cover modeling by the United
States Geological Survey; and
‘‘(II) weather projections—
‘‘(aa) from the United States Global Change
Research Program, including in the National
Climate Assessment; or
‘‘(bb) from the National Oceanic and Atmos-
pheric Administration, if such projections are
more up-to-date than projections under item
(aa).
‘‘(iii) To require the Secretary of Defense to pro-
vide guidance to project designers and master plan-
ners on how to use weather projections.
‘‘(iv) To require the use throughout the Depart-
ment of the Naval Facilities Engineering Command
Climate Change Installation Adaptation and Resil-
ience planning handbook, as amended (or similar
publication of the Army Corps of Engineers).
‘‘(B) NOTIFICATION.—If the Secretary of Defense de-
termines that a projection other than a projection de-
scribed in subparagraph (A)(ii) is more appropriate
for use in amending the Unified Facilities Criteria,
the Secretary shall notify the congressional defense
committees [Committees on Armed Services and Ap-
propriations of the Senate and the House of Rep-
resentatives] of such determination, which shall in-
clude the rationale underlying such determination
and a description of such other projection.’’
[Section 1731(b)(4) of Pub. L. 116–92, which directed
amendment of section 2805(c) of Pub. L. 115–232, set out
above, by substituting ‘‘Unified Facilities Criteria’’ for
‘‘United Facilities Criteria’’, was not executed in light
of the amendment by section 2804(c)(2) of Pub. L. 116–92,
which substituted ‘‘Unified Facilities Criteria (UFC) 1-
200-01 and UFC 1-200-02’’ for ‘‘United Facilities Criteria
(UFC) 2–100–01 and UFC 2–100–02’’.]
§ 2865. Work in Process Curve charts and outlay
tables for military construction projects
Along with the budget for each fiscal year sub-
mitted by the President pursuant to section
1105(a) of title 31, United States Code, the Sec-
retary of Defense and the Secretaries of the
military departments shall include for any mili-
tary construction project over $90,000,000, as an
addendum to be included within the same docu-
ment as the 1391s for the Military Construction
Program
budget
documentation,
a
Project
Spending Plan that includes—
(1) a Work in Process Curve chart to identify
funding, obligations, and outlay figures; and
(2) a monthly outlay table for funding, obli-
gations, and outlay figures.
(Added Pub. L. 115–232, div. B, title XXVIII,
§ 2806(a)(1), Aug. 13, 2018, 132 Stat. 2264.)
Editorial Notes
PRIOR PROVISIONS
A prior section 2865, added Pub. L. 101–510, div. B,
title XXVIII, § 2851(a), Nov. 5, 1990, 104 Stat. 1803;
amended Pub. L. 102–484, div. B, title XXVIII, § 2801,
Oct. 23, 1992, 106 Stat. 2604; Pub. L. 103–160, div. B, title
XXVIII, § 2804, Nov. 30, 1993, 107 Stat. 1885; Pub. L.
103–337, div. A, title X, § 1070(a)(14), Oct. 5, 1994, 108 Stat.
2856; Pub. L. 104–106, div. A, title XV, § 1502(a)(27), div.
B, title XXVIII, § 2819, Feb. 10, 1996, 110 Stat. 506, 555;
Pub. L. 105–85, div. A, title III, § 371(d)(2), div. B, title
XXVIII, § 2804(a), Nov. 18, 1997, 111 Stat. 1706, 1990; Pub.
L. 107–314, div. B, title XXVIII, § 2805, Dec. 2, 2002, 116
Stat. 2705; Pub. L. 108–136, div. A, title X, § 1031(a)(47),
div. B, title XXVIII, § 2812(a), Nov. 24, 2003, 117 Stat.
1602, 1725, related to energy savings at military instal-
lations, prior to repeal by Pub. L. 109–364, div. B, title
XXVIII, § 2851(a)(2), Oct. 17, 2006, 120 Stat. 2494.
Statutory Notes and Related Subsidiaries
DEPARTMENT OF DEFENSE GUIDANCE
Pub. L. 115–232, div. B, title XXVIII, § 2806(b), Aug. 13,
2018, 132 Stat. 2264, provided that: ‘‘The Secretary of
Defense shall, in coordination with the Under Sec-
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
Page 20
TITLE 10—ARMED FORCES
§ 101
§ 101. Definitions
(a) IN
GENERAL.—The following definitions
apply in this title:
(1) The term ‘‘United States’’, in a geo-
graphic sense, means the States and the Dis-
trict of Columbia.
[(2) Repealed. Pub. L. 109–163, div. A, title X,
§ 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term ‘‘possessions’’ includes the Vir-
gin Islands, Guam, American Samoa, and the
Guano Islands, so long as they remain posses-
sions, but does not include any Common-
wealth.
(4) The term ‘‘armed forces’’ means the
Army, Navy, Air Force, Marine Corps, Space
Force, and Coast Guard.
(5) The term ‘‘uniformed services’’ means—
(A) the armed forces;
(B) the commissioned corps of the Na-
tional Oceanic and Atmospheric Administra-
tion; and
(C) the commissioned corps of the Public
Health Service.
(6) The term ‘‘department’’, when used with
respect to a military department, means the
executive part of the department and all field
headquarters, forces, reserve components, in-
stallations, activities, and functions under the
control or supervision of the Secretary of the
department. When used with respect to the De-
partment of Defense, such term means the ex-
ecutive part of the department, including the
executive parts of the military departments,
and all field headquarters, forces, reserve com-
ponents, installations, activities, and func-
tions under the control or supervision of the
Secretary of Defense, including those of the
military departments.
(7) The term ‘‘executive part of the depart-
ment’’ means the executive part of the Depart-
ment of Defense, Department of the Army, De-
partment of the Navy, or Department of the
Air Force, as the case may be, at the seat of
government.
(8) The term ‘‘military departments’’ means
t
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Plans Required.—**
(1) At a time interval prescribed by the Secretary concerned (but not less frequently than once every 10 years), the commander of each major military installation under the jurisdiction of the Secretary shall ensure that an installation master plan is developed to address environmental planning, sustainable design and development, sustainable range planning, real property master planning, military installation resilience, and transportation planning.
(2) To address the requirements under paragraph (1), each installation master plan shall include consideration of—
(A) planning for compact and infill development;
(B) horizontal and vertical mixed-use development;
(C) the full lifecycle costs of real property planning decisions;
(D) capacity planning through the establishment of growth boundaries around cantonment areas to focus development towards the core and preserve range and training space; and
(E) energy and climate resiliency efforts and military installation resilience.
(3)
(A) The commander of a major military installation shall develop and update the master plan for that major military installation in consultation with representatives of the government of the State in which the installation is located and representatives of local governments in the vicinity of the installation to improve cooperation and consistency between the Department of Defense and such governments in addressing each component of the master plan described in paragraph (1).
(B) The consultation required by subparagraph (A) is in addition to the consultation specifically required by subsection (b)(1) in connection with the transportation component of the master plan for a major military installation.
**(b) Transportation Component.—**
(1) The t
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Advance-of-funds or reimbursement basis** Whenever the President determines it to be consistent with and in furtherance of the purposes of subchapter I of this chapter and within the limitations of this chapter, any agency of the United States Government is authorized to furnish services and commodities on an advance-of-funds or reimbursement basis to friendly countries, international organizations, the American Red Cross, and voluntary nonprofit relief agencies registered with and approved by the Agency for International Development (including foreign voluntary nonprofit relief agencies so registered and approved when no United States voluntary nonprofit relief agency is available). Such advances or reimbursements may be credited to the currently applicable appropriation, account, or fund of the agency concerned and shall be available for the purposes for which such appropriation, account, or fund is authorized to be used, under the following circumstances:
(1) Advances or reimbursements which are received under this section within one hundred and eighty days after the close of the fiscal year in which such services and commodities are delivered.
(2) Advances or reimbursements received pursuant to agreements executed under this section in which reimbursement will not be completed within one hundred and eighty days after the close of the fiscal year in which such services and commodities are delivered: Provided, That such agreements require the payment of interest at the current rate established pursuant to [section 635(b)(1)(B) of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section635/b/1/B&num=0&edition=prelim), and repayment of such principal and interest does not exceed a period of three years from the date of signing of th
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Federal law — U.S. Code and appendices · legal_authorities
Page 835
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2357
the exclusive remedy of the owner, except as
provided in subsection (b) of this section, is to
sue the United States Government for reason-
able and entire compensation for such practice
or disclosure in the district court of the United
States for the district in which such owner is a
resident, or in the United States Court of Fed-
eral Claims, within six years after the cause of
action arises. Any period during which the
United States Government is in possession of a
written claim under subsection (b) of this sec-
tion before mailing a notice of denial of that
claim does not count in computing the six years.
In any such suit, the United States Government
may plead any defense that may be pleaded by a
private person in such an action. The last para-
graph of section 1498(a) of title 28 shall apply to
inventions and information covered by this sec-
tion.
(b) Settlement of claims
Before suit against the United States Govern-
ment has been instituted, the head of the agency
of the United States Government concerned may
settle and pay any claim arising under the cir-
cumstances described in subsection (a) of this
section. No claim may be paid under this sub-
section unless the amount tendered is accepted
by the claimant in full satisfaction.
(c) Drug products manufactured outside the
United States
Funds appropriated pursuant to this chapter
shall not be expended by the United States Gov-
ernment for the acquisition of any drug product
or pharmaceutical product manufactured out-
side the United States if the manufacture of
such drug product or pharmaceutical product in
the United States would involve the use of, or be
covered by, an unexpired patent of the United
States which has not previ
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Federal law — U.S. Code and appendices · legal_authorities
The President may sell design and construction services to any eligible foreign country or international organization if such country or international organization agrees to pay in United States dollars not less than the full cost to the United States Government of furnishing such services. Payment shall be made to the United States Government in advance of the performance of such services by officers or employees of the United States Government. The President may, without requirement for charge to any appropriation or contract authorization otherwise provided, enter into contracts for the procurement of design and construction services for sale under this section if such country or international organization provides the United States Government with a dependable undertaking (1) to pay the full amount of such contract which will assure the United States Government against any loss on the contract, and (2) to make funds available in such amounts and at such time as may be required to meet the payments required by the contract and any damages and costs that may accrue from the cancellation of such contract, in advance of the time such payments, damages, or costs are due.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1226
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2767a
paragraph (2) given the risks identified in the assess-
ment under paragraph (1).
‘‘(4) A listing of which, if any, requirements associ-
ated with the oversight and management of a major
defense acquisition program (as prescribed under De-
partment of Defense Instruction 5000.02 or related au-
thorities) will be waived, or in any way modified, in
carrying out the development contract to be entered
into under [subsection] (a)(1), and a full explanation
why such requirements need to be waived or modi-
fied.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘engineering and manufacturing de-
velopment’ has the meaning given that term in De-
partment of Defense Instruction 5000.02.
‘‘(2) The term ‘major weapon system’ has the mean-
ing given that term in section 2379(f) of title 10,
United States Code [now 10 U.S.C. 3455(f)].’’
[Pub. L. 116–92, § 902(84), which directed the amend-
ment of section 836(a)(2) of Pub. L. 112–81, set out
above, by substituting ‘‘the Under Secretary of Defense
for Acquisition and Sustainment, the Under Secretary
of Defense for Research and Engineering,’’ for ‘‘the
Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics, the Assistant Secretary of De-
fense for Research,’’, was executed by making the sub-
stitution for ‘‘the Under Secretary of Defense for Ac-
quisition, Technology, and Logistics, the Assistant
Secretary of Defense for Research and Engineering,’’ to
reflect the probable intent of Congress.]
Executive Documents
DELEGATION OF FUNCTIONS
For delegation of functions of the President under
this section, with certain conditions, see section 1(f) of
Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16129, set out as
a note under section 2751 of this
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