
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-64 Section 127]
[CITE: 10USC2821]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
     CHAPTER 169--MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
 
                 SUBCHAPTER II--MILITARY FAMILY HOUSING
 
Sec. 2821. Requirement for authorization of appropriations 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, expansion, alteration, relocation, or operation and 
maintenance of family housing under the jurisdiction 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 salary, pay, retirement, and other employee benefits 
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 construction of military family 
housing units include amounts for (1) site preparation (including 
demolition), (2) installation of utilities, (3) ancillary supporting 
facilities, (4) shades, screens, ranges, refrigerators, and all other 
equipment and fixtures installed in such units, and (5) construction 
supervision, inspection, and overhead.
    (d) Amounts authorized by law for construction 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.

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 157; amended 
Pub. L. 99-145, title XIII, Sec. 1303(a)(18), Nov. 8, 1985, 99 Stat. 
739; Pub. L. 99-167, title VIII, Sec. 804(a), Dec. 3, 1985, 99 Stat. 
987.)


                               Amendments

    1985--Subsec. (b). Pub. L. 99-145 substituted ``such subsection'' 
for ``such paragraph''.
    Subsec. (d). Pub. L. 99-167 added subsec. (d).


                             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.


             Repair and Maintenance of Family Housing Units

    Pub. L. 106-246, div. A, Sec. 127, July 13, 2000, 114 Stat. 518, 
provided that: ``Notwithstanding this or any other provision of law, 
funds appropriated in Military Construction Appropriations Acts for 
operations and maintenance of family housing shall be the exclusive 
source of funds for repair and maintenance of all family housing units, 
including flag and general officer quarters: Provided, That not more 
than $25,000 per unit may be spent annually for the maintenance and 
repair of any general or flag officer quarters without 30 days advance 
prior notification of the appropriate committees of Congress: Provided 
further, That the Under Secretary of Defense (Comptroller) is to report 
annually to the Committees on Appropriations all operations and 
maintenance expenditures for each individual flag and general officer 
quarters for the prior fiscal year.''
    Similar provisions were contained in the following prior 
appropriation act:
    Pub. L. 106-52, Sec. 128, Aug. 17, 1999, 113 Stat. 267.


                Pilot Program for Military Family Housing

    Pub. L. 100-180, div. B, subdiv. 3, title II, Sec. 2321, Dec. 4, 
1987, 101 Stat. 1218, required Secretary of Defense, using $1,000,000 of 
funds appropriated pursuant to authorization 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 military personnel; required 
Secretary, establishing and carrying out such programs, to select at 
least five units of general local government severely impacted by 
presence of military bases and personnel; set forth criteria for 
selection of units of general local government, authority 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 section.


                Military Housing Rental Guarantee Program

    Pub. L. 98-115, title VIII, Sec. 802, Oct. 11, 1983, 97 Stat. 783, 
as amended by Pub. L. 98-407, title VIII, Sec. 806(b), Aug. 28, 1984, 98 
Stat. 1521; Pub. L. 99-167, title VIII, Sec. 801(a), Dec. 3, 1985, 99 
Stat. 985; Pub. L. 99-661, div. B, title VII, Sec. 2713(a), Nov. 14, 
1986, 100 Stat. 4042; Pub. L. 100-180, div. B, subdiv. 3, title I, 
Sec. 2307, Dec. 4, 1987, 101 Stat. 1216; Pub. L. 101-189, div. B, title 
XXVIII, Sec. 2801, Nov. 29, 1989, 103 Stat. 1646; Pub. L. 101-510, div. 
B, title XXVIII, Sec. 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, 
Sec. 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 section 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, Sec. 803, Oct. 11, 1983, 97 Stat. 784, 
as amended by Pub. L. 98-407, title VIII, Sec. 812, Aug. 28, 1984, 98 
Stat. 1524; Pub. L. 101-510, div. A, title XIII, Sec. 1302(f), Nov. 5, 
1990, 104 Stat. 1669, provided that:
    ``(a) The Secretary of Defense shall ensure that any contract 
entered into for the construction of military family housing for the 
Department of Defense in a foreign country shall (1) require the use of 
manufactured or factory-built housing which is fabricated in the United 
States by a United States contractor, or (2) in the case of concrete 
housing, the use of housing (A) that is produced in a plant that was 
fabricated in the United States by a United States company, and (B) for 
which the materials, fixtures, and equipment used in the construction of 
such housing (other than cement, sand, and aggregates) are manufactured 
in the United States.
    ``(b) The Secretary of Defense may waive subsection (a) with respect 
to not more than 10 percent of the total number of military family 
housing units authorized to be constructed in foreign countries in any 
year if the Secretary determines that with respect to such units 
compliance with the requirement in such subsection is infeasible.
    ``(c) This section shall apply to any contract entered into after 
the date of the enactment of this Act [Oct. 11, 1983].''

                  Section Referred to in Other Sections

    This section is referred to in section 114 of this title.
