10 U.S.C. § 2852 — Military construction projects: waiver of

Page 2272 TITLE 10—ARMED FORCES § 2852 of the Senate, a Chief Housing Officer who shall oversee family housing and military unaccompanied housing under the jurisdiction of the Department of Defense or acquired or constructed under subchapter IV of this chapter (in this section referred to as ‘covered housing units’). ‘‘(2) The official of the Department of Defense des- ignated as Chief Housing Officer may be assigned duties in addition to the duties as Chief Housing Officer under subsection (b).’’ 2021—Pub. L. 116–283, § 2811(a)(3), renumbered section 2890a of this title as this section. Pub. L. 116–283, § 2811(a)(2), inserted ‘‘Supervision of military housing by’’ before ‘‘Chief’’ in section catch- line. Subsec. (a)(1). Pub. L. 116–283, § 2811(a)(1)(A), sub- stituted ‘‘family housing and military unaccompanied housing under the jurisdiction of the Department of Defense or acquired or constructed under subchapter IV of this chapter (in this section referred to as ‘covered housing units’)’’ for ‘‘housing units’’. Subsec. (b)(1). Pub. L. 116–283, § 2811(a)(1)(B)(ii), in- serted ‘‘covered’’ before ‘‘housing units’’ in subpars. (A) and (B). Pub. L. 116–283, § 2811(a)(1)(B)(i), substituted ‘‘covered housing units’’ for ‘‘housing under subchapter IV and this subchapter’’ in introductory provisions. Statutory Notes and Related Subsidiaries NOTIFICATION OF DESIGNATION Pub. L. 116–92, div. B, title XXX, § 3012(b), Dec. 20, 2019, 133 Stat. 1921, provided that not later than 60 days after Dec. 20, 2019, the Secretary of Defense was to no- tify the Committees on Armed Services and Appropria- tions of the Senate and the House of Representatives of the official of the Department of Defense designated as Chief Housing Officer under this section. As amended by Pub. L. 117–263, subsec. (a) of this section provides that the Assistant Secretary of Defense for Energy, In- stallations, and Environment shall serve as the Chief Housing Officer. § 2852. Military construction projects: waiver of certain restrictions (a) The Secretary of Defense and the Secre- taries 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 sec- tion 3324 of title 31. (b) Authority to carry out a military construc- tion 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 con- cerned determines that the interest to be ac- quired 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 sub- chapter 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 pur- poses of determining when a performance bond and payment bond are required under section 3131 of such title and when alternatives to pay- ment bonds as payment protections for suppliers of labor and materials are required under sec- tion 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 au- thority 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 ‘‘sec- tion 3111 of title 40’’ for ‘‘section 355 of the Revised Statutes (40 U.S.C. 255)’’. 1985—Subsec. (a). Pub. L. 99–145 substituted ‘‘sub- sections (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 Re- vised Statutes (31 U.S.C. 529)’’. Subsec. (b). Pub. L. 97–321 substituted ‘‘may be exer- cised 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 tempo- rarily’’. 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. § 2853. Authorized cost and scope of work vari- ations (a) COST VARIATIONS AUTHORIZED; LIMITA- TION.—Except as provided in subsection (c), (d), or (e), the cost authorized for a military con- struction project or for the construction, im- provement, and acquisition of a military family housing project may be increased or decreased by not more than 25 percent of the total author- ized cost of the project or 200 percent of the minor construction project ceiling specified in section 2805(a) of this title, whichever is less, if the Secretary concerned determines that such revised cost is required for the sole purpose of meeting unusual variations in cost and that such variations in cost could not have reason- ably been anticipated at the time the project was authorized by Congress. (b) SCOPE OF WORK VARIATIONS AUTHORIZED; LIMITATION.—(1) Except as provided in sub- section (c), the scope of work for a military con- struction project or for the construction, im- provement, and acquisition of a military family housing project may be reduced by not more than 25 percent from the amount specified for that project, construction, improvement, or ac- quisition in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or