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Title 10, Armed ForcesRelease 119-102

§2852 Military Construction Projects: Waiver of Certain Restrictions

Title 10 › Subtitle A — General Military Law › PART IV — SERVICE, SUPPLY, AND PROPERTY › CHAPTER 169 — MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › SUBCHAPTER III — ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › § 2852

Last updated Aug 21, 2026|Official source

Summary

The Secretary of Defense and the leaders of the military departments may go ahead with approved military construction and military family housing projects even if two parts of another federal law would normally limit them. They can start work on land the United States does not yet own, including before the government’s title is formally approved, and they can use land where the government will not have full ownership if the military department head decides the type of ownership is enough for the project. For these projects, the dollar amount that triggers required contractor bonds is raised: $150,000 is used instead of $100,000 when deciding if performance and payment bonds, or alternatives to payment bonds, are needed.

Full Legal Text

Title 10, §2852

Armed Forces, Source: USLM XML via OLRC

(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.
(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.

Legislative History

Notes & Related Subsidiaries

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.

Editorial Notes

Amendments

2011—Subsec. (c). Pub. L. 112–81 added subsec. (c). 2002—Subsec. (b)(1). Pub. L. 107–217 substituted “section 3111 of title 40” for “section 355 of the Revised Statutes (40 U.S.C. 255)”. 1985—Subsec. (a). Pub. L. 99–145 substituted “subsections (a) and (b) of section 3324” for “section 3324(a) and (b)”. 1982—Subsec. (a). Pub. L. 97–295 substituted “section 3324(a) and (b) of title 31” for “section 3648 of the Revised Statutes (31 U.S.C. 529)”. Subsec. (b). Pub. L. 97–321 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

For

Effective Date

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

Reference

Citations & Metadata

Citation

10 U.S.C. § 2852

Title 10, Armed Forces

Last Updated

Aug 21, 2026

Release point: 119-102