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

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

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

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

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Stable record: federal_law:legal_authorities:usc2024-7e714ca09c9a206298953909
Source file: Laws/federal/codes/united-states-code-2024/title-10/section-2822-requirement-for-authorization-of-number--c78fd94807.md
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Source location: USCODE-2024-title10-subtitleA-partIV-chap169-subchapII-sec2822.pdf

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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

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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).

Source: Supplied U.S. Code snapshot — release unconfirmed · 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 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

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1594a. This identifies an authority to review, not proof of applicability.

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

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1594a. This identifies an authority to review, not proof of applicability.