10 U.S. Code § 2852 - Military construction projects: waiver of certain restrictions

(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) ofsection 3324 of title 31.
(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; 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.


(Added Pub. L. 97–214, § 2(a),July 12, 1982, 96 Stat. 164; amended Pub. L. 97–295, § 1(35),Oct. 12, 1982, 96 Stat. 1296; Pub. L. 97–321, title VIII, § 805(a)(1),Oct. 15, 1982, 96 Stat. 1573; Pub. L. 99–145, title XIII, § 1303(a)(19),Nov. 8, 1985, 99 Stat. 739; Pub. L. 107–217, § 3(b)(20),Aug. 21, 2002, 116 Stat. 1297; Pub. L. 112–81, div. B, title XXVIII, § 2803,Dec. 31, 2011, 125 Stat. 1685.)
Historical and Revision Notes

In 10:2852(a), the title 31 citation is substituted on authority of Pub. L. 97–258, § 4(b),Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted title 31.

2011—Subsec. (c). Pub. L. 112–81added subsec. (c).
2002—Subsec. (b)(1). Pub. L. 107–217substituted “section 3111 of title 40” for “section 355 of the Revised Statutes (40 U.S.C. 255)”.
1985—Subsec. (a). Pub. L. 99–145substituted “subsections (a) and (b) ofsection 3324” for “section 3324(a) and (b)”.
1982—Subsec. (a). Pub. L. 97–295substituted “section 3324 (a) and (b) of title 31” for “section 3648 of the Revised Statutes (31 U.S.C. 529)”.
Subsec. (b). Pub. L. 97–321substituted “may be exercised on land not owned by the United States” for “on land not owned by the United States may be exercised” in introductory text, redesignated former cl. (1) as par. (1), added par. (2), and struck out former cl. (2) which read as follows: “even though the land is held temporarily”.
Effective Date

For effective date and applicability of section, see section 12(a) ofPub. L. 97–214, set out as a note under section 2801 of this title.


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