10-U.S.C.-2852
§2852 – Military Construction Projects: Waiver of Certain Restrictions
Pathway
Title 10 > Subtitle A > Part IV > Chapter 169 > Subchapter III > Section 2852
Details
- Reference: Section 2852
- Legend: §2852 – Military Construction Projects: Waiver of Certain Restrictions
- USCode Year: 2013
Provision Content
(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.
(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.
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.
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.
U.S. Encyclopedia of Law Coverage
Subchapter III – Administration of Military Construction and Military Family Housing in the Legal Encyclopedia: General Military Law
In this entry about Subchapter III – Administration of Military Construction and Military Family Housing, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
10-U.S.C.-2825 in the Legal Encyclopedia: Supply to Military
In this entry about 10-U.S.C.-2825, find legal reference material, bibliographies and premiere content related to supply to military in the American Encyclopedia of Law, presenting a comprehensive view of the United States supply to military-specific issues, written by authorities in the field.
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