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10 U.S.C. § 2822 — Requirement for authorization of number of family housing units

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2822 — Requirement for authorization of number of family housing units

**(a)** Except as otherwise provided in subsection (b) or as otherwise authorized by law, the Secretary concerned may not construct or acquire military family housing units unless the number of units to be constructed or acquired has been specifically authorized by law. **(b)** Subsection (a) does not apply to the following: (1) Housing units acquired under section 404 of the Housing Amendments of 1955 ([42 U.S.C. 1594a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1594a&num=0&edition=prelim)). (2) Housing units leased under [section 2828 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2828&num=0&edition=prelim). (3) Housing units acquired under the Homeowners Assistance Program referred to in [section 2832 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2832&num=0&edition=prelim). (4) Housing units acquired without consideration. (5) Replacement housing units constructed under [section 2825(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2825/c&num=0&edition=prelim). (6) Housing units constructed or provided under [section 2869 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2869&num=0&edition=prelim).

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Stable record: federal_law:legal_authorities:record_usc_ed588f6b85e263f08eaf9ef7
Source file: Laws/federal/codes/united-states-code/title-10/section-2822-requirement-for-authorization-of-number-of-family-housing-units--c099c563a2.md
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Source location: Title 10, Chapter 169, § 2822; chapter-169-military-construction-and-military-family-housing.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1594a — Acquisition of military housing financed under Armed Services Housing Mortgage Insurance Fund and rental housing at military bases

**(a) Purchase price** Whenever the Secretary of Defense or his designee deems it necessary for the purpose of this subchapter, he may acquire, by purchase, donation, condemnation, or other means of transfer, any land or (with the approval of the Secretary of Housing and Urban Development) (1) any housing financed with mortgages insured under title VIII of the National Housing Act [[12 U.S.C. 1748](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1748&num=0&edition=prelim) et seq.] as in effect prior to August 11, 1955, or (2) any housing situated adjacent to a military installation which was (A) completed prior to July 1, 1952, (B) certified by the Department of Defense, prior to construction, as being necessary to meet an existing military family housing need and considered as military housing by the Secretary of Housing and Urban Development, and (C) financed with mortgages insured under section 207 of the National Housing Act [[12 U.S.C. 1713](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1713&num=0&edition=prelim)], or (3) any housing situated on or adjacent to a military installation which was (A) completed prior to July 1, 1952, (B) considered by the Department of Defense, prior to construction, as being necessary to meet an existing military family housing need and considered as military housing by the Secretary of Housing and Urban Development, and (C) financed with mortgages insured under section 608 of the National Housing Act [[12 U.S.C. 1743](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1743&num=0&edition=prelim)], including adjacent property constructed primarily to provide commercial facilities for the occupants of such housing. The purchase price of any such housing s

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1594a

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2801 — Scope of chapter; definitions

**(a)** The term “military construction” as used in this chapter or any other provision of law includes any construction, development, conversion, or extension of any kind carried out with respect to a military installation, whether to satisfy temporary or permanent requirements, or any acquisition of land or construction of a defense access road (as described in [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)). **(b)** A military construction project includes all military construction work, or any contribution authorized by this chapter, necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility (or to produce such portion of a complete and usable facility or improvement as is specifically authorized by law). **(c)** In this chapter and chapter 173 of this title: (1) The term “appropriate committees of Congress” means the congressional defense committees and, with respect to any project to be carried out by, or for the use of, an intelligence component of the Department of Defense, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) The term “facility” means a building, structure, or other improvement to real property. (3) The term “life-cycle cost-effective”, with respect to a project, product, or measure, means that the sum of the present values of investment costs, capital costs, installation costs, energy costs, operating costs, maintenance costs, and replacement costs, as estimated for the lifetime of the project, product, or measure, does not exceed the base case (current or standard) for the practice, product, or measure. (4) The term “mil

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2801

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2869 — Exchange of property at military installations

**(a) Exchange Authorized.—** (1) The Secretary concerned may enter into an agreement to convey real property, including any improvements thereon, described in paragraph (2) to any person who agrees, in exchange for the real property, to transfer to the United States all right, title, and interest of the person in and to a parcel of real property, including any improvements thereon under the person’s control, or to carry out a land acquisition, including the acquisition of all right, title, and interest or a lesser interest in real property under an agreement entered into under [section 2684a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2684a&num=0&edition=prelim) to limit encroachments and other constraints on military training, testing, and operations. (2) Paragraph (1) applies with respect to real property under the jurisdiction of the Secretary concerned— (A) that is located on a military installation that is closed or realigned under a base closure law; or (B) that is located on a military installation not covered by subparagraph (A) and for which the Secretary concerned makes a determination that the conveyance under paragraph (1) is advantageous to the United States. (3) (A) The Secretary of Defense shall establish a pilot program under which the Secretary concerned, during the term of the pilot program, may use the authority provided by paragraph (1) to also convey real property, including any improvements thereon, described in paragraph (2) to any person who agrees, in exchange for the real property, to provide— (i) installation-support services (as defined in [section 2679(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2679/f&num=0&edition=prelim)); or

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2869

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2828 — Leasing of military family housing

**(a)** (1) Subject to paragraph (2), the Secretary of the military department concerned may lease housing facilities at or near a military installation in the United States, Puerto Rico, or Guam for assignment, without rental charge, as family housing to members of the armed forces and for assignment, with fair market rental charge, as family housing to civilian employees of the Department of Defense stationed at such installation. (2) A lease may only be made under paragraph (1) if the Secretary concerned finds that there is a shortage of adequate housing at or near such military installation and that— (A) the requirement for such housing is temporary; (B) leasing would be more cost effective than construction or acquisition of new housing; (C) family housing is required for personnel attending service school academic courses on permanent change of station orders; (D) construction of family housing at such installation has been authorized by law but is not yet completed; or (E) a military construction authorization bill pending in Congress includes a request for authorization of construction of family housing at such installation. **(b)** (1) Not more than 10,000 family housing units may be leased at any one time under subsection (a). (2) Except as provided in paragraphs (3), (4), and (7), expenditures for the rental of housing units under subsection (a) (including the cost of utilities, maintenance, and operation) may not exceed $12,000 per unit per year, as adjusted from time to time under paragraph (5). (3) Not more than 500 housing units may be leased under subsection (a) for which the expenditure for the rental of such units (including the cost of utilities, maintenance, and operation) exceeds the maximum amount per unit per year in effect un

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2828

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2832 — Homeowners assistance program

The Secretary of Defense may exercise the authority provided in section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 ([42 U.S.C. 3374](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3374&num=0&edition=prelim)).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2832

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1594h to 1594i — Repealed. Pub. L. 97–214, § 7(3), (5), (9), (17), July 12, 1982, 96 Stat. 173, 174

### Statutory Notes Section 1594h, Pub. L. 85–241, title I, § 103, Aug. 30, 1957, 71 Stat. 534, related to purchase of family housing for assignment as public quarters, and space and cost limitations. Section 1594h–1, Pub. L. 87–554, title V, § 503, July 27, 1962, 76 Stat. 239, related to improvement of family housing units, public quarters designation, and cost limitations. Section 1594h–2, Pub. L. 90–110, title VI, § 610(a), Oct. 21, 1967, 81 Stat. 305; Pub. L. 93–166, title V, § 506(a), Nov. 29, 1973, 87 Stat. 675; Pub. L. 95–356, title V, § 502(b), Sept. 8, 1978, 92 Stat. 578; Pub. L. 96–418, title V, § 502(b), Oct. 10, 1980, 94 Stat. 1764, related to improvement of single family housing units and cost limitations of such improvements. See [section 2825(b) of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2825/b&num=0&edition=prelim), Armed Forces. Section 1594h–3, Pub. L. 96–418, title V, § 505, Oct. 10, 1980, 94 Stat. 1765, related to settlement of contractor claims on military family housing. Section 1594i, Pub. L. 85–241, title IV, § 406(a) Aug. 30, 1957, 71 Stat. 556; Pub. L. 85–685, title V, § 512, Aug. 20, 1958, 72 Stat. 662; Pub. L. 86–149, title IV, § 408, Aug. 10, 1959, 73 Stat. 321; Pub. L. 86–500, title V, § 507(b), June 8, 1960, 74 Stat. 185; Pub. L. 87–70, title VI, § 611(b), June 30, 1961, 75 Stat. 180; Pub. L. 88–174, title V, § 510, Nov. 7, 1963, 77 Stat. 327, related to authorization of number of family housing units. See [section 2822 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2822&num=0&edition=prelim). #### Effective Date of Repeal Repeal effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of milita

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1594h to 1594i

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2822 — Requirement for authorization of number

Page 2252 TITLE 10—ARMED FORCES § 2822 title VII, § 2713(a), Nov. 14, 1986, 100 Stat. 4042; Pub. L. 100–180, div. B, subdiv. 3, title I, § 2307, Dec. 4, 1987, 101 Stat. 1216; Pub. L. 101–189, div. B, title XXVIII, § 2801, Nov. 29, 1989, 103 Stat. 1646; Pub. L. 101–510, div. B, title XXVIII, § 2811, Nov. 5, 1990, 104 Stat. 1788, provided for agreements and contracts relating to military housing rental guarantee program, prior to repeal by Pub. L. 102–190, div. B, title XXVIII, § 2809(b), (c), Dec. 5, 1991, 105 Stat. 1543, such repeal not to affect the validity of any contract entered into before Dec. 5, 1991, under sec- tion 802 of Pub. L. 98–115 as in effect on Dec. 4, 1991. See section 2836 of this title. FAMILY HOUSING CONSTRUCTED OVERSEAS Pub. L. 98–115, title VIII, § 803, Oct. 11, 1983, 97 Stat. 784, as amended by Pub. L. 98–407, title VIII, § 812, Aug. 28, 1984, 98 Stat. 1524; Pub. L. 101–510, div. A, title XIII, § 1302(f), Nov. 5, 1990, 104 Stat. 1669, provided that any contract entered into for the construction of military family housing for the Department of Defense in a for- eign country was to require the use of housing fab- ricated in the United States by a United States con- tractor or, in the case of concrete housing, the use of housing produced in a plant that was fabricated in the United States by a United States company, and for which the materials, fixtures, and equipment used in the construction (other than cement, sand, and aggre- gates) were manufactured in the United States, prior to repeal by Pub. L. 107–314, div. B, title XXVIII, § 2804, Dec. 2, 2002, 116 Stat. 2705. DEFINITIONS Pub. L. 116–92, div. B, title XXX, § 3001(a), Dec. 20, 2019, 133 Stat. 1916, as amended by Pub. L. 118–159, div. B, title XXVIII, § 2827, Dec. 2

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2822

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1594a — Acquisition of military housing financed

Page 4858 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1594a 1 See References in Text note below. instruments required by the Secretary of Hous- ing and Urban Development of such mortgagors; to make payments thereon; and to guarantee and indemnify the Armed Services Housing Mortgage Insurance Fund against loss in cases where so required. All housing facilities placed under the control of the Secretary of Defense pursuant to the provisions of this subchapter shall be deemed to be housing facilities under the jurisdiction of the military department to which they are assigned. (d) Opinion as to title to property; guarantee; title search and title insurance On request by the Secretary of Defense, the Attorney General shall furnish to the Secretary of Defense, or his designee, an opinion as to the sufficiency of title to any property on which it is proposed to construct housing, or on which housing has been constructed, under this sec- tion. If the opinion of the Attorney General is that the title to any such property is good and sufficient, the Secretary of Defense is author- ized to guarantee, or enter into a commitment to guarantee, the mortgagee, under a mortgage on such property which is insured under title VIII of the National Housing Act [12 U.S.C. 1748 et seq.], against any losses that may thereafter arise from adverse claims to title. None of the proceeds of any mortgage loan hereafter insured under such title VIII shall be used for title search and title insurance costs: Provided, That if the Secretary of Defense, or his designee, de- termines in the case of any housing project, that the financing of the construction of such project is impossible unless title insurance is provided, the Secretary of Defense may provide for the payment o

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1594a

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