10 U.S.C. § 2824 — Authorization for acquisition of existing

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 Page 2253 TITLE 10—ARMED FORCES § 2825 section 2826 of this title. The Secretary con- cerned may waive the limitation set forth in the preceding sentence to family housing units ac- quired under this section during the five-year period beginning on February 10, 1996. (d) Family housing units may not be acquired under this section through the exercise of emi- nent domain authority. (Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 159; amended Pub. L. 104–106, div. B, title XXVIII, § 2813, Feb. 10, 1996, 110 Stat. 553; Pub. L. 104–201, div. A, title X, § 1074(a)(17), Sept. 23, 1996, 110 Stat. 2659.) Editorial Notes AMENDMENTS 1996—Subsec. (c). Pub. L. 104–201 substituted ‘‘Feb- ruary 10, 1996’’ for ‘‘the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996’’. Pub. L. 104–106 inserted at end ‘‘The Secretary con- cerned may waive the limitation set forth in the pre- ceding sentence to family housing units acquired under this section during the five-year period beginning on the date of the enactment of the National Defense Au- thorization Act for Fiscal Year 1996.’’ 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. § 2825. Improvements to family housing units (a)(1) Authority provided by law to improve existing military family housing units and an- cillary family housing support facilities is au- thority to make alterations, additions, expan- sions, and extensions. (2) In this section, the term ‘‘improvement’’ includes rehabilitation of a housing unit and major maintenance or repair work to be accom- plished concurrently with an improvement project. Such term does not include day-to-day maintenance and repair work. (b)(1) Funds may not be expended for the im- provement of any single family housing unit, or for the improvement of two or more housing units that are to be converted into or are to be used as a single family housing unit, if the cost per unit of such improvement will exceed (A) $50,000 multiplied by the area construction cost index as developed by the Department of De- fense for the location concerned at the time of contract award, or (B) in the case of improve- ments necessary to make the unit suitable for habitation by a handicapped person, $60,000 mul- tiplied by such index. (2) The Secretary concerned may waive the limitations contained in paragraph (1) if such Secretary determines that, considering the use- ful life of the structure to be improved and the useful life of a newly constructed unit and the cost of construction and of operation and main- tenance of each kind of unit over its useful life, the improvement will be cost-effective. If the Secretary concerned makes a determination under the preceding sentence with respect to an improvement, the waiver under that sentence with respect to that improvement may take ef- fect only after the end of the 14-day period be- ginning on the date on which the Secretary sub- mits, in an electronic medium pursuant to sec- tion 480 of this title, to the appropriate commit- tees of Congress notice of the proposed waiver, together with an economic analysis dem- onstrating that the improvement will be cost ef- fective. (3) In determining the applicability of the lim- itation contained in paragraph (1), the Secretary concerned shall include as part of the cost of the improvement of the unit or units concerned the following: (A) The cost of major maintenance or repair work undertaken in connection with the im- provement. (B) Any cost, other than the cost of activi- ties undertaken beyond a distance of five feet from the unit or units concerned, in connec- tion with— (i) the furnishing of electricity, gas, water, and sewage disposal; (ii) the construction or repair of roads, drives, and walks; and (iii) grading and drainage work. (4) In determining the applicability of the lim- itation contained in paragraph (1), the Secretary concerned shall not include as part of the cost of the improvement of the unit or units concerned the following: (A) The cost of the installation of commu- nications, security, or antiterrorism equip- ment required by an occupant of the unit or units to perform duties assigned to the occu- pant as a member of the armed forces. (B) The cost of the maintenance or repair of equipment described in subparagraph (A) in- stalled for the purpose specified in such sub- paragraph. (5) The limitation contained in paragraph (1) does not apply to a project for the improvement of a family housing unit or units referred to in that paragraph if the project (including the amount requested for the project) is identified in the budget materials submitted to Congress by the Secretary of Defense in connection with the submission to Congress of the budget for a fiscal year pursuant to section 1105 of title 31. (c)(1) The Secretary concerned may construct replacement military family housing units in lieu of improving existing military family hous- ing units if— (A) the improvement of the existing housing units has been authorized by law; and (B) the Secretary determines that the im- provement project is no longer cost-effective after a review of post-design or bid cost esti- mates. (2) The amount that may be expended to con- struct replacement military family housing units under this subsection may not exceed the amount that is otherwise available to carry out the previously authorized improvement project. (d) This section does not apply to projects au- thorized for restoration or replacement of hous- ing units that have been damaged or destroyed. (Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 159; amended Pub. L. 99–661, div. B, title VII, § 2702(c), Nov. 14, 1986, 100 Stat. 4040; Pub. L.