Title 10, Armed ForcesRelease 119-102
§2822 Requirement for Authorization of Number of Family Housing Units
Title 10 › Subtitle A — General Military Law › PART IV — SERVICE, SUPPLY, AND PROPERTY › CHAPTER 169 — MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › SUBCHAPTER II — MILITARY FAMILY HOUSING › § 2822
Summary
A military department secretary cannot build or buy family housing unless Congress specifically approves the number of units. Exceptions cover six cases: 42 U.S.C. 1594a; leases under section 2828; the Homeowners Assistance Program (section 2832); housing received without payment; replacements under section 2825(c); and housing under section 2869.
Full Legal Text
Title 10, §2822
Armed Forces, Source: USLM XML via OLRC
(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).
(2)Housing units leased under section 2828 of this title.
(3)Housing units acquired under the Homeowners Assistance Program referred to in section 2832 of this title.
(4)Housing units acquired without consideration.
(5)Replacement housing units constructed under section 2825(c) of this title.
(6)Housing units constructed or provided under section 2869 of this title.
Legislative History
Notes & Related Subsidiaries
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 appropriate committees of Congress written notification of the facts concerning the proposed acquisition; and “(B) a period of 21 days elapses after the notification 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 “section 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.
Reference
Citations & Metadata
Citation
10 U.S.C. § 2822
Title 10, Armed Forces
Last Updated
Aug 21, 2026
Release point: 119-102