
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2823]

 
                         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. 2823. Determination of availability of suitable alternative 
        housing for acquisition in lieu of construction of new family 
        housing
        
    (a) Before entering into a contract for the construction of family 
housing units authorized by law to be constructed at a location within 
the United States, the Secretary concerned shall consult in writing with 
the Secretary of Housing and Urban Development as to the availability of 
suitable alternative housing at such location. The Secretary of Housing 
and Urban Development shall advise the Secretary concerned in writing as 
to the availability of such housing. If the Secretary of Housing and 
Urban Development does not advise the Secretary concerned as to the 
availability of such housing within 21 days of the date on which the 
request for such advice is made, the Secretary concerned may enter into 
a contract for the proposed construction.
    (b) If the Secretary concerned and the Secretary of Housing and 
Urban Development agree that suitable alternative housing is available 
at a location at which military family housing units are authorized to 
be constructed, the Secretary may not proceed with such construction.
    (c) The Secretary of Defense shall prescribe regulations to define 
what constitutes suitable alternative housing for the purposes of this 
section.

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 158; amended 
Pub. L. 105-85, div. A, title X, Sec. 1041(b), Nov. 18, 1997, 111 Stat. 
1885.)


                               Amendments

    1997--Subsecs. (b) to (d). Pub. L. 105-85 redesignated subsecs. (c) 
and (d) as (b) and (c), respectively, and struck out former subsec. (b) 
which read as follows: ``If the Secretary concerned and the Secretary of 
Housing and Urban Development disagree with respect to the availability 
of suitable alternative housing at any location, the Secretary concerned 
shall notify the appropriate committees of Congress, in writing, of the 
disagreement, of the Secretary's decision to proceed with the 
construction, and of the justification for proceeding with the 
construction. A contract for construction of family housing units at 
such location may not then be entered into until the end of the 21-day 
period beginning on the date such committees receive the notification.''


                             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.
