10 U.S. Code § 2821 - Requirement for authorization of appropriations for construction and acquisition of military family housing

§ 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, § 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.)
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.

Mitigation of Risks Posed by Window Coverings With Accessible Cords in Certain Military Housing Units

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 Department of Defense in which children under the age of 9 may reside; and
“(2)
military housing units leased by the Department of Defense in which children under the age of 9 may reside if the lease for such units requires the Department 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 Secretary of Defense after September 30, 2017, for the acquisition or construction of military family housing, including military family housing acquired or constructed 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 continuous loop cord that does not have a cord tension device that prevents operation when the cord is not anchored to the wall.”

Repair and Maintenance of Family Housing Units

Pub. L. 114–223, div. A, title I, § 119, Sept. 29, 2016, 130 Stat. 864, provided that:

“Notwithstanding any other provision of law, funds made available in this title [see Tables for classification] for operation and maintenance 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: Provided, 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 notification, or 14 days for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations 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 reasonably anticipated at the time of the budget submission: Provided further, That the Under Secretary of Defense (Comptroller) is to report annually to the Committees 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. 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 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, § 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, 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 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, § 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 foreign country was to require the use of housing fabricated in the United States by a United States contractor 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 aggregates) 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.

 

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