Title 10 — Armed ForcesRelease 119-73not60
§3803 Security for Advance Payments
Title 10 › Subtitle Subtitle A— General Military Law › Part V— ACQUISITION › Subpart D— General Contracting Provisions › Chapter 277— CONTRACT FINANCING › § 3803
Summary
Advance payments allowed only if contractor gives security and agency approves. United States may place a claim on contract property, the account holding payments, or property bought for the work. The claim has priority and begins at the first payment without filing or notice.
Full Legal Text
Title 10, §3803
Armed Forces — Source: USLM XML via OLRC
Advance payments made under section 3801 of this title may be made only if the contractor gives adequate security and after a determination by the head of the agency that to do so would be in the public interest. Such security may be in the form of a lien in favor of the United States on the property contracted for, on the balance in an account in which such payments are deposited, and on such of the property acquired for performance of the contract as the parties may agree. This lien is paramount to any other liens and is effective immediately upon the first advancement of funds without filing, notice, or any other action by the United States.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification The text of subsec. (d) of section 2307 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1834(d), was based on act Aug. 10, 1956, ch. 1041, 70A Stat. 131; Pub. L. 85–800, § 9, Aug. 28, 1958, 72 Stat. 967; Pub. L. 103–355, title II, § 2001(a)(4), (7), (d), Oct. 13, 1994, 108 Stat. 3301, 3302.
Amendments
2021—Pub. L. 116–283, § 1834(d), transferred subsec. (d) of section 2307 of this title to this section, struck out subsec. (d) designation and heading “Security for Advance Payments” at beginning, and substituted “section 3801 of this title” for “subsection (a)”.
Statutory Notes and Related Subsidiaries
Effective Date
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.
Reference
Citations & Metadata
Citation
10 U.S.C. § 3803
Title 10 — Armed Forces
Last Updated
Apr 3, 2026
Release point: 119-73not60