US Code

Public Law 119-93 (05/19/2026)

10 U.S.C. § 2852

Military construction projects: waiver of certain restrictions

(a)
section 3324 of title 31 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 .
(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)
section 3111 of title 40 before title to the land on which the project is to be carried out is approved under ; 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.

Pub. L. 97–214, § 2(a)96 Stat. 164 Pub. L. 97–295, § 1(35)96 Stat. 1296 Pub. L. 97–321, title VIII, § 805(a)(1)96 Stat. 1573 Pub. L. 99–145, title XIII, § 1303(a)(19)99 Stat. 739 Pub. L. 107–217, § 3(b)(20)116 Stat. 1297 Pub. L. 112–81, div. B, title XXVIII, § 2803125 Stat. 1685 (Added , , ; amended , , ; , , ; , , ; , , ; , , .)

Historical and Revision Notes

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

Editorial Notes

Amendments

Pub. L. 112–812011—Subsec. (c). added subsec. (c).

Pub. L. 107–217section 3111 of title 4040 U.S.C. 2552002—Subsec. (b)(1). substituted “” for “section 355 of the Revised Statutes ()”.

Pub. L. 99–1451985—Subsec. (a). substituted “subsections (a) and (b) of section 3324” for “section 3324(a) and (b)”.

Pub. L. 97–29531 U.S.C. 5291982—Subsec. (a). substituted “section 3324(a) and (b) of title 31” for “section 3648 of the Revised Statutes ()”.

Pub. L. 97–321Subsec. (b). substituted “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”.

Statutory Notes and Related Subsidiaries

Effective Date

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