10 U.S.C. § 2821 — Requirement for authorization of appro-

Page 2248 TITLE 10—ARMED FORCES § 2821 and (e)(2)(C)(i), is section 2838 of Pub. L. 118–31, which is set out as a note preceding section 2851 of this title. SUBCHAPTER II—MILITARY FAMILY HOUSING Sec. 2821. Requirement for authorization of appropria- tions for construction and acquisition of military family housing. 2822. Requirement for authorization of number of family housing units. [2823. Repealed.] 2824. Authorization for acquisition of existing fam- ily housing in lieu of construction. 2825. Improvements to family housing units. 2826. Military family housing: local comparability of room patterns and floor areas. 2827. Relocation of military family housing units. 2828. Leasing of military family housing. 2829. Multi-year contracts for supplies and serv- ices. [2830. Repealed.] 2831. Military family housing management ac- count. 2832. Homeowners assistance program. 2833. Family housing support. 2834. Participation in Department of State housing pools. 2835. Long-term leasing of military family housing to be constructed. 2835a. Use of military family housing constructed under build and lease authority to house other members. 2836. Military housing rental guarantee program. 2837. Housing Requirements and Market Analysis. 2838. Leasing of military family housing to Sec- retary of Defense. 2839. Application of certain authorities and stand- ards to historic military housing and asso- ciated historic properties of the Depart- ment of the Army. Editorial Notes AMENDMENTS 2024—Pub. L. 118–159, div. B, title XXVIII, § 2823(b), Dec. 23, 2024, 138 Stat. 2256, which directed amendment of the analysis for this chapter by adding item 2839, was executed to the analysis for this subchapter, to reflect the probable intent of Congress. 2022—Pub. L. 117–263, div. B, title XXVIII, § 2821(a), Dec. 23, 2022, 136 Stat. 2999, added item 2837. Amend- ment was made pursuant to operation of section 102 of this title. 2021—Pub. L. 116–283, div. B, title XXVIII, § 2812(b), Jan. 1, 2021, 134 Stat. 4327, struck out item 2830 ‘‘Occu- pancy of substandard family housing units’’. 2013—Pub. L. 113–66, div. B, title XXVIII, § 2802(a)(2), Dec. 26, 2013, 127 Stat. 1006, struck out item 2837 ‘‘Lim- ited partnerships with private developers of housing’’. 2008—Pub. L. 110–417, div. B, title XXVIII, §§ 2803(b), 2804(b), Oct. 14, 2008, 122 Stat. 4720, 4721, added items 2835a and 2838. 2006—Pub. L. 109–364, div. B, title XXVIII, § 2803(b), Oct. 17, 2006, 120 Stat. 2467, struck out item 2823 ‘‘Deter- mination of availability of suitable alternative housing for acquisition in lieu of construction of new family housing’’. 2000—Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2803(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–413, sub- stituted ‘‘Military family housing: local comparability of room patterns and floor areas’’ for ‘‘Limitations on space by pay grade’’ in item 2826. 1994—Pub. L. 103–337, div. B, title XXVIII, § 2803(b), Oct. 5, 1994, 108 Stat. 3053, added item 2837. 1991—Pub. L. 102–190, div. B, title XXVIII, §§ 2806(a)(2), 2809(a)(2), Dec. 5, 1991, 105 Stat. 1540, 1543, added items 2835 and 2836. 1985—Pub. L. 99–167, title VIII, §§ 804(b)(2), 808(b), Dec. 3, 1985, 99 Stat. 987, 989, added items 2833 and 2834. § 2821. Requirement for authorization of appro- priations for construction and acquisition of military family housing (a) Except as provided in subsection (b), funds may not be appropriated for the construction, acquisition, leasing, addition, extension, expan- sion, alteration, relocation, or operation and maintenance of family housing under the juris- diction of the Department of Defense unless the appropriation of such funds has been authorized by law. (b) In addition to the funds authorized to be appropriated by law in any fiscal year for the purposes described in subsection (a), there are authorized to be appropriated such additional sums as may be necessary for increases in sal- ary, pay, retirement, and other employee bene- fits authorized by law for civilian employees of the Department of Defense whose compensation is provided for by funds appropriated for the purposes described in such subsection. (c) Amounts authorized by law for construc- tion of military family housing units include amounts for (1) site preparation (including dem- olition), (2) installation of utilities, (3) ancillary supporting facilities, (4) shades, screens, ranges, refrigerators, and all other equipment and fix- tures installed in such units, and (5) construc- tion supervision, inspection, and overhead. (d) Amounts authorized by law for construc- tion and acquisition of military family housing and facilities include amounts for— (1) minor construction; (2) improvements to existing military family housing units and facilities; (3) relocation of military family housing units under section 2827 of this title; and (4) architectural and engineering services and construction design. (e) The Secretary concerned shall provide for the installation and maintenance of an appro- priate number of carbon monoxide detectors in each unit of military family housing under the jurisdiction of the Secretary. (Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 157; amended Pub. L. 99–145, title XIII, § 1303(a)(18), Nov. 8, 1985, 99 Stat. 739; Pub. L. 99–167, title VIII, § 804(a), Dec. 3, 1985, 99 Stat. 987; Pub. L. 116–92, div. B, title XXX, § 3031, Dec. 20, 2019, 133 Stat. 1936.) Editorial Notes AMENDMENTS 2019—Subsec. (e). Pub. L. 116–92 added subsec. (e). 1985—Subsec. (b). Pub. L. 99–145 substituted ‘‘such subsection’’ for ‘‘such paragraph’’. Subsec. (d). Pub. L. 99–167 added subsec. (d). 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. INCLUSION OF QUESTIONS REGARDING MILITARY HOUS- ING FOR MEMBERS OF THE ARMED FORCES IN STATUS OF FORCES SURVEY Pub. L. 118–31, div. B, title XXVIII, § 2824, Dec. 22, 2023, 137 Stat. 752, provided that: ‘‘The Secretary of De- Page 2249 TITLE 10—ARMED FORCES § 2821 fense shall include, at a minimum, in each status of forces survey of the Department of Defense conducted on or after the date of the enactment of this Act [Dec. 22, 2023] questions specifically relating to the following: ‘‘(1) Overall satisfaction with current military housing of members of the Armed Forces. ‘‘(2) Satisfaction of such members with the physical condition of such military housing. ‘‘(3) Satisfaction of such members with the afford- ability of such military housing. ‘‘(4) Whether such military housing of such mem- bers has impacted any decision of such a member re- lated to reenlistment in the Armed Forces.’’ PILOT PROGRAM FOR MILITARY CONSTRUCTION PROJECTS TO REPLACE CERTAIN COVERED MILITARY UNACCOMPANIED HOUSING FACILITIES Pub. L. 118–31, div. B, title XXVIII, § 2835, Dec. 22, 2023, 137 Stat. 758, provided that: ‘‘(a) IN GENERAL.—Each Secretary of a military de- partment may carry out a pilot program under which each such Secretary administers a military construc- tion project, not otherwise authorized by law, to re- place a covered military unaccompanied housing facil- ity— ‘‘(1) that such Secretary determines is not in com- pliance with the uniform standards for covered mili- tary unaccompanied housing under section 2856b of title 10, United States Code (as added by section 2832); and ‘‘(2) for which the total cost of a repair project to bring such covered military unaccompanied facility into compliance with such uniform standards exceeds 75 percent of the total cost of such a military con- struction project. ‘‘(b) FACILITY REQUIREMENTS.—A facility constructed pursuant to a military construction project under a pilot program under subsection (a)— ‘‘(1) with respect to the covered military unaccom- panied housing facility such facility replaces— ‘‘(A) may not have a capacity to house more members of the Armed Forces; ‘‘(B) shall be designed and utilized for the same purpose; and ‘‘(C) shall be located on the same military instal- lation; and ‘‘(2) shall be designed to meet, at a minimum, standards for construction, utilization, and force pro- tection. ‘‘(c) NONDELEGATION.—For the purposes of carrying out a military construction project under a pilot pro- gram under subsection (a), the authority of a Secretary of a military department to determine whether a cov- ered military unaccompanied housing facility is in sub- standard condition may not be delegated. ‘‘(d) SOURCE OF FUNDS.—A Secretary of a military de- partment may spend amounts available to such Sec- retary for operation and maintenance or unspecified military construction to carry out this section. ‘‘(e) CONGRESSIONAL NOTIFICATION.—With respect to a military construction project proposed to be carried out under a pilot program under subsection (a) with an estimated cost in excess of $10,000,000, the Secretary of the military department concerned shall submit to the appropriate committees of Congress a report that in- cludes— ‘‘(1) a justification for such military construction project; ‘‘(2) an estimate of the total cost of such military construction project; and ‘‘(3) a description of the elements of military con- struction, including the elements specified in section 2802(b) of title 10, United States Code, incorporated into such military construction project. ‘‘(f) SUNSET.—The authority to carry out a pilot pro- gram pursuant to subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act [Dec. 22, 2023]. ‘‘(g) DEFINITIONS.—In this section: ‘‘(1) The term ‘appropriate committees of Congress’ has the meaning given such term in section 2801 of title 10, United States Code. ‘‘(2) The term ‘covered military unaccompanied housing’ has the meaning given such term in section 2856 of such title (as amended by section 2831).’’ PILOT PROGRAM TO PROVIDE AIR PURIFICATION TECHNOLOGY IN COVERED MILITARY HOUSING Pub. L. 118–31, div. B, title XXVIII, § 2873, Dec. 22, 2023, 137 Stat. 777, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense may carry out a pilot program to— ‘‘(1) provide commercially available off-the-shelf items (as defined in section 104 of title 41, United States Code) for air purification and covered sensors to landlords; and ‘‘(2) monitor and measure the effect of such items on the environmental health and public health of ten- ants of covered military housing. ‘‘(b) SELECTION OF INSTALLATIONS.— ‘‘(1) IN GENERAL.—The Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force shall each select one military installation under the jurisdiction of such Secretary to carry out any pilot program carried out under this section. ‘‘(2) CONSIDERATIONS.—Each Secretary shall ensure that the military installation selected under this sec- tion contains military unaccompanied housing in which the items described in subsection (a) may be used. ‘‘(c) DEVICES.—An air purification item or a covered sensor provided under this section shall use technology proven to reduce indoor air risks and yield measurable environmental health and public health outcomes. ‘‘(d) BRIEFING.—Not later than 365 days after the date on which a pilot program is commenced under this sec- tion, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force shall each provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the pilot program established under this section, in- cluding a description of the items described in sub- section (a) used under such program. The briefing shall include— ‘‘(1) a description of any cost savings identified from use of such items relating to— ‘‘(A) extending the durability and habitability of covered military housing; and ‘‘(B) reducing maintenance frequency; and ‘‘(2) with respect to cost savings identified in para- graph (1), a plan to expand the use of covered sensors and air purification items in newly constructed cov- ered military housing. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) The term ‘covered sensor’ means a commer- cially available off-the-shelf item (as defined in sec- tion 104 of title 41, United States Code) manufactured in the United States that detects the conditions for potential mold growth before mold is present. ‘‘(2) The term ‘covered military housing’ means— ‘‘(A) military unaccompanied housing; and ‘‘(B) Government-owned units of military hous- ing. ‘‘(3) The term ‘military unaccompanied housing’ has the meaning given in section 2871 of title 10, United States Code.’’ REQUIREMENT THAT SECRETARY OF DEFENSE IMPLE- MENT RECOMMENDATIONS RELATING TO MILITARY FAMILY HOUSING CONTAINED IN REPORT BY INSPEC- TOR GENERAL OF DEPARTMENT OF DEFENSE Pub. L. 116–283, div. B, title XXVIII, § 2815, Jan. 1, 2021, 134 Stat. 4328, provided that: ‘‘Not later than 90 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall implement the recommendations of the Inspector General of the De- partment of Defense contained in the report of the In- spector General dated April 30, 2020, and entitled ‘Eval- uation of the DoD’s Management of Health and Safety Hazards in Government-Owned and Government-Con- trolled Military Family Housing’.’’ Page 2250 TITLE 10—ARMED FORCES § 2821 TOOL FOR ASSESSMENT OF HAZARDS IN DEPARTMENT OF DEFENSE HOUSING Pub. L. 116–92, div. B, title XXX, § 3052, Dec. 20, 2019, 133 Stat. 1942, provided that: ‘‘(a) HAZARD ASSESSMENT TOOL.— ‘‘(1) DEVELOPMENT REQUIRED.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall develop an as- sessment tool, such as a rating system or similar mechanism, to identify and measure health and safe- ty hazards in housing under the jurisdiction of the Department of Defense (including privatized military housing). ‘‘(2) COMPONENTS.—The assessment tool shall pro- vide for the identification and measurement of the following hazards: ‘‘(A) Physiological hazards, including dampness and mold growth, lead-based paint, asbestos and manmade fibers, radiation, biocides, carbon mon- oxide, and volatile organic compounds. ‘‘(B) Psychological hazards, including ease of ac- cess by unlawful intruders, and lighting issues. ‘‘(C) Infection hazards. ‘‘(D) Safety hazards. ‘‘(3) PUBLIC FORUMS.—In developing the assessment tool, the Secretary of Defense shall provide for mul- tiple public forums at which the Secretary may re- ceive input with respect to such assessment tool from occupants of housing under the jurisdiction of the De- partment of Defense (including privatized military housing). ‘‘(4) REPORT.—Not later than 210 days after the date of the enactment of this Act, the Secretary of De- fense shall submit to the Committees on Armed Serv- ices of the Senate and the House of Representatives a report on the assessment tool. ‘‘(b) HAZARD ASSESSMENTS.— ‘‘(1) ASSESSMENTS REQUIRED.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense, using the assessment tool de- veloped under subsection (a)(1), shall complete a haz- ard assessment for each housing facility under the ju- risdiction of the Department of Defense (including privatized military housing). ‘‘(2) TENANT INFORMATION.—As soon as practicable after the completion of the hazard assessment con- ducted for a housing facility under paragraph (1), the Secretary of Defense shall provide to each individual who leases or is assigned to a housing unit in the fa- cility a summary of the results of the assessment.’’ [For definitions of terms used in section 3052 of Pub. L. 116–92, set out above, see section 3001(a) of Pub. L. 116–92, set out as a note below.] PROCESS TO IDENTIFY AND ADDRESS ENVIRONMENTAL HEALTH HAZARDS IN DEPARTMENT OF DEFENSE HOUS- ING Pub. L. 116–283, div. B, title XXVIII, § 2817, Jan. 1, 2021, 134 Stat. 4329, provided that: ‘‘As part of the proc- ess developed by the Secretary of Defense pursuant to section 3053 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1943; 10 U.S.C. 2821 note) [set out below] to identify, record, and resolve environmental health hazards in military housing, the Secretary shall pro- mulgate guidance regarding situations in which the presence of mold in a unit of housing under the juris- diction of the Department of Defense (including privatized military housing) is an emergency situation requiring the relocation of the residents of the unit.’’ Pub. L. 116–92, div. B, title XXX, § 3053, Dec. 20, 2019, 133 Stat. 1943, provided that: ‘‘(a) PROCESS REQUIRED.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense, in coordination with the Secretaries of the military departments, shall de- velop a process to identify, record, and resolve environ- mental health hazards in housing under the jurisdic- tion of the Department of Defense (including privatized housing) in a timely manner. ‘‘(b) ELEMENTS OF PROCESS.—The process developed under subsection (a) shall provide for the following with respect to each identified environmental health hazard: ‘‘(1) Categorization of the hazard. ‘‘(2) Identification of health risks posed by the haz- ard. ‘‘(3) Identification of the number of housing occu- pants potentially affected by the hazard. ‘‘(4) Recording and maintenance of information re- garding the hazard. ‘‘(5) Resolution of the hazard, which shall include— ‘‘(A) the performance by the Secretary of Defense (or in the case of privatized housing, the landlord) of hazard remediation activities at the affected fa- cility; and ‘‘(B) follow-up by the Secretary of Defense to col- lect information on medical care related to the haz- ard sought or received by individuals affected by the hazard. ‘‘(c) COORDINATION.—The Secretary of Defense shall ensure coordination between military treatment facili- ties, appropriate public health officials, and housing managers at military installations with respect to the development and implementation of the process re- quired by subsection (a). ‘‘(d) REPORT.—Not later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the process required by subsection (a).’’ [For definitions of terms used in section 3053 of Pub. L. 116–92, set out above, see section 3001(a) of Pub. L. 116–92, set out as a note below.] SATISFACTION SURVEY FOR TENANTS OF MILITARY HOUSING Pub. L. 116–92, div. B, title XXX, § 3058, Dec. 20, 2019, 133 Stat. 1945, provided that: ‘‘(a) SURVEY REQUIRED.—Not later than March 1, 2020, the Secretary of Defense shall require that each instal- lation of the Department of Defense use the same satis- faction survey for tenants of military housing, includ- ing privatized military housing. ‘‘(b) FORM OF SURVEY.—The satisfaction survey re- quired by subsection (a) shall be an electronic survey with embedded privacy and security mechanisms. ‘‘(c) PRIVACY AND SECURITY MECHANISMS.—The pri- vacy and security mechanisms used in the satisfaction survey required by subsection (a)— ‘‘(1) may include a code unique to the tenant to be surveyed that is sent to the cell phone number of the tenant and required to be entered to access the sur- vey; and ‘‘(2) in the case of privatized military housing, shall ensure the survey is not shared with the landlord pro- viding the privatized military housing until the sur- vey is reviewed and the results are tallied by Depart- ment of Defense personnel.’’ [For definitions of terms used in section 3058 of Pub. L. 116–92, set out above, see section 3001(a) of Pub. L. 116–92, set out as a note below.] DEPARTMENT OF THE ARMY PILOT PROGRAM TO BUILD AND MONITOR USE OF SINGLE FAMILY HOMES Pub. L. 116–92, div. B, title XXX, § 3064, Dec. 20, 2019, 133 Stat. 1947, provided that: ‘‘(a) IN GENERAL.—The Secretary of the Army shall carry out a pilot program to build and monitor the use of not fewer than five single family homes for members of the Army and their families. ‘‘(b) LOCATION.—The Secretary of the Army shall carry out the pilot program at no less than two instal- lations of the Army located in different climate regions of the United States as determined by the Secretary. ‘‘(c) DESIGN.—In building homes under the pilot pro- gram, the Secretary of the Army shall use the All- American Abode design from the suburban single-fam- ily division design by the United States Military Acad- emy.’’ Page 2251 TITLE 10—ARMED FORCES § 2821 MITIGATION OF RISKS POSED BY CERTAIN ITEMS IN MILITARY FAMILY HOUSING UNITS Pub. L. 116–92, div. B, title XXX, § 3062, Dec. 20, 2019, 133 Stat. 1946, provided that: ‘‘(a) ANCHORING OF ITEMS BY RESIDENTS.—The Sec- retary of Defense shall allow a resident of a military family housing unit to anchor any furniture, television, or large appliance to the wall of the unit for purposes of preventing such item from tipping over without in- curring a penalty or obligation to repair the wall upon vacating the unit. ‘‘(b) ANCHORING OF ITEMS FOR ALL UNITS.— ‘‘(1) EXISTING UNITS.—Not later than one year after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall ensure that all free- standing chests, door chests, armoires, dressers, en- tertainment centers, bookcases taller than 27 inches, televisions, and large appliances provided by the De- partment of Defense are securely anchored in each furnished military family housing unit under the ju- risdiction of the Department as of the date of the en- actment of this Act. ‘‘(2) NEW UNITS.—The Secretary of Defense shall en- sure that all freestanding chests, door chests, armoires, dressers, entertainment centers, bookcases taller than 27 inches, televisions, and large appli- ances provided by the Department of Defense are se- curely anchored in each furnished military family housing unit made available after the date of the en- actment of this Act.’’ Pub. L. 114–328, div. A, title III, § 345, Dec. 23, 2016, 130 Stat. 2085, provided that: ‘‘(a) REMOVAL OF CERTAIN WINDOW COVERINGS.—Not later than three years after the date of enactment of this Act [Dec. 23, 2016], the Secretary of Defense shall remove and replace disqualified window coverings from— ‘‘(1) military housing units owned by the Depart- ment of Defense in which children under the age of 9 may reside; and ‘‘(2) military housing units leased by the Depart- ment of Defense in which children under the age of 9 may reside if the lease for such units requires the De- partment to provide window coverings. ‘‘(b) PROHIBITION ON DISQUALIFIED WINDOW COVERINGS IN MILITARY HOUSING UNITS ACQUIRED OR CONSTRUCTED BY CONTRACT.—All contracts entered into by the Sec- retary of Defense after September 30, 2017, for the ac- quisition or construction of military family housing, including military family housing acquired or con- structed pursuant to subchapter IV of chapter 169 of title 10, United States Code, shall prohibit the use of disqualified window coverings in such housing. ‘‘(c) DISQUALIFIED WINDOW COVERING DEFINED.—In this section, the term ‘disqualified window covering’ means— ‘‘(1) a window covering with an accessible cord that exceeds 8 inches in length; or ‘‘(2) a window covering with an accessible contin- uous loop cord that does not have a cord tension de- vice that prevents operation when the cord is not an- chored to the wall.’’ REPAIR AND MAINTENANCE OF FAMILY HOUSING UNITS Pub. L. 118–42, div. A, title I, § 119, Mar. 9, 2024, 138 Stat. 34, provided that: ‘‘Notwithstanding any other provision of law, funds made available in this title [see Tables for classification] for operation and mainte- nance of family housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer quarters: Pro- vided, That not more than $35,000 per unit may be spent annually for the maintenance and repair of any general or flag officer quarters without 30 days prior notifica- tion, or 14 days for a notification provided in an elec- tronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appro- priations of both Houses of Congress, except that an after-the-fact notification shall be submitted if the limitation is exceeded solely due to costs associated with environmental remediation that could not be rea- sonably anticipated at the time of the budget submis- sion: Provided further, That the Under Secretary of De- fense (Comptroller) is to report annually to the Com- mittees on Appropriations of both Houses of Congress all operation and maintenance expenditures for each individual general or flag officer quarters for the prior fiscal year.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 117–328, div. J, title I, § 119, Dec. 29, 2022, 136 Stat. 4945. Pub. L. 117–103, div. J, title I, § 119, Mar. 15, 2022, 136 Stat. 535. Pub. L. 116–260, div. J, title I, § 119, Dec. 27, 2020, 134 Stat. 1661. Pub. L. 116–94, div. F, title I, § 119, Dec. 20, 2019, 133 Stat. 2785. Pub. L. 115–244, div. C, title I, § 119, Sept. 21, 2018, 132 Stat. 2952. Pub. L. 115–141, div. J, title I, § 119, Mar. 23, 2018, 132 Stat. 802. Pub. L. 114–223, div. A, title I, § 119, Sept. 29, 2016, 130 Stat. 864. Pub. L. 114–113, div. J, title I, § 119, Dec. 18, 2015, 129 Stat. 2681. Pub. L. 113–235, div. I, title I, § 121, Dec. 16, 2014, 128 Stat. 2550. Pub. L. 113–76, div. J, title I, § 121, Jan. 17, 2014, 128 Stat. 445. Pub. L. 113–6, div. E, title I, § 121, Mar. 26, 2013, 127 Stat. 391. Pub. L. 112–74, div. H, title I, § 121, Dec. 23, 2011, 125 Stat. 1144. Pub. L. 111–117, div. E, title I, § 123, Dec. 16, 2009, 123 Stat. 3295. Pub. L. 110–329, div. E, title I, § 123, Sept. 30, 2008, 122 Stat. 3700. Pub. L. 110–161, div. I, title I, § 123, Dec. 26, 2007, 121 Stat. 2261. Pub. L. 109–114, title I, § 124, Nov. 30, 2005, 119 Stat. 2380, as amended by Pub. L. 109–148, div. B, title V, § 5013, Dec. 30, 2005, 119 Stat. 2815. Pub. L. 108–324, div. A, § 124, Oct. 13, 2004, 118 Stat. 1228. Pub. L. 108–132, § 125, Nov. 22, 2003, 117 Stat. 1382. Pub. L. 107–249, § 127, Oct. 23, 2002, 116 Stat. 1586. Pub. L. 107–64, § 127, Nov. 5, 2001, 115 Stat. 482. Pub. L. 106–246, div. A, § 127, July 13, 2000, 114 Stat. 518. Pub. L. 106–52, § 128, Aug. 17, 1999, 113 Stat. 267. PILOT PROGRAM FOR MILITARY FAMILY HOUSING Pub. L. 100–180, div. B, subdiv. 3, title II, § 2321, Dec. 4, 1987, 101 Stat. 1218, required Secretary of Defense, using $1,000,000 of funds appropriated pursuant to au- thorization in subsection (a)(10)(B) of section 2145 of Pub. L. 100–180, to establish and carry out, during fiscal years 1988, 1989, and 1990, a pilot program for purpose of assisting units of general local government to increase amount of affordable family housing available to mili- tary personnel; required Secretary, establishing and carrying out such programs, to select at least five units of general local government severely impacted by pres- ence of military bases and personnel; set forth criteria for selection of units of general local government, au- thority to make grants, cooperative agreements, etc., and uses of available funds; and required Secretary to report to Committees on Armed Services of Senate and House no later than Mar. 15 of 1988, 1989, 1990, and 1991 with respect to activities carried out under this sec- tion. MILITARY HOUSING RENTAL GUARANTEE PROGRAM Pub. L. 98–115, title VIII, § 802, Oct. 11, 1983, 97 Stat. 783, as amended by Pub. L. 98–407, title VIII, § 806(b), Aug. 28, 1984, 98 Stat. 1521; Pub. L. 99–167, title VIII, § 801(a), Dec. 3, 1985, 99 Stat. 985; Pub. L. 99–661, div. B, 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. 23, 2024, 138 Stat. 2258, pro- vided that: ‘‘In this title [see Tables for classification]: ‘‘(1) The term ‘landlord’ means an eligible entity that enters into, or has entered into, a contract as a partner with the Secretary concerned for the acquisi- tion or construction of a housing unit under sub- chapter IV of chapter 169 of title 10, United States Code. The term includes any agent of the eligible en- tity or any subsequent lessor who owns, manages, or is otherwise responsible for a housing unit. The term does not include an entity of the Federal Govern- ment. ‘‘(2) The term ‘privatized military housing’ means military housing that is not Government-owned or Government-controlled that is provided under sub- chapter IV of chapter 169 of title 10, United States Code. ‘‘(3) The term ‘tenant’ means a member of the armed forces, including a reserve component thereof in an active status, or a dependent of a member of the armed forces who resides at a housing unit, is a party to a lease for a housing unit, or is authorized to act on behalf of the member under subchapters IV and V of chapter 169 of title 10, United States Code, in the event of the assignment or deployment of a member.’’ § 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 Sec- retary 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 fol- lowing: (1) Housing units acquired under section 404 of the Housing Amendments of 1955 (42 U.S.C. 1594a). (2) Housing units leased under section 2828 of this title. (3) Housing units acquired under the Home- owners Assistance Program referred to in sec- tion 2832 of this title. (4) Housing units acquired without consider- ation. (5) Replacement housing units constructed under section 2825(c) of this title. (6) Housing units constructed or provided under section 2869 of this title. (Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 158; amended Pub. L. 98–525, title XIV, § 1405(44), Oct. 19, 1984, 98 Stat. 2625; Pub. L. 100–180, div. B, subdiv. 3, title I, § 2308, Dec. 4, 1987, 101 Stat. 1216; Pub. L. 101–510, div. A, title XIII, § 1301(17), Nov. 5, 1990, 104 Stat. 1668; Pub. L. 102–25, title VII, § 701(j)(9), Apr. 6, 1991, 105 Stat. 116; Pub. L. 102–484, div. B, title XXVIII, § 2802(b), Oct. 23, 1992, 106 Stat. 2606; Pub. L. 108–136, div. B, title XXVIII, § 2805(b), Nov. 24, 2003, 117 Stat. 1721.) Editorial Notes AMENDMENTS 2003—Subsec. (b)(6). Pub. L. 108–136 added par. (6). 1992—Subsec. (b)(5). Pub. L. 102–484 added par. (5). 1991—Subsec. (b)(4). Pub. L. 102–25 realigned margin of par. (4). 1990—Subsec. (b)(4). Pub. L. 101–510 amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘Housing units acquired without consideration, if— ‘‘(A) the Secretary concerned provides to the appro- priate committees of Congress written notification of the facts concerning the proposed acquisition; and ‘‘(B) a period of 21 days elapses after the notifica- tion is received by those committees.’’ 1987—Subsec. (b)(4). Pub. L. 100–180 added par. (4). 1984—Subsec. (b)(3). Pub. L. 98–525 substituted ‘‘sec- tion 2832’’ for ‘‘section 2833’’. 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. [§ 2823. Repealed. Pub. L. 109–364, div. B, title XXVIII, § 2803(a), Oct. 17, 2006, 120 Stat. 2467] Section, added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 158; amended Pub. L. 105–85, div. A, title X, § 1041(b), Nov. 18, 1997, 111 Stat. 1885, related to deter- mination of availability of suitable alternative housing for acquisition in lieu of construction of new family housing. § 2824. Authorization for acquisition of existing family housing in lieu of construction (a) In lieu of constructing any family housing units authorized by law to be constructed, the Secretary concerned may acquire sole interest in existing family housing units that are pri- vately owned or that are held by the Depart- ment of Housing and Urban Development, except that in foreign countries the Secretary con- cerned may acquire less than sole interest in ex- isting family housing units. (b) When authority provided by law to con- struct military family housing units is used to acquire existing family housing units under sub- section (a), the authority includes authority to acquire interests in land. (c) The net floor area of a family housing unit acquired under the authority of this section may not exceed the applicable limitation specified in