12 U.S.C. § 1748h–1 | Civilian employees of Armed Forces

(a)

Requirements; certificate of need for housing and employment status

section 1748b of this title section 1709(b) of this titleProvidedNotwithstanding any other provisions of this subchapter and in addition to mortgages insured under , the Secretary may insure any mortgage under this section which meets the eligibility requirements set forth in : , That a mortgage insured under this section shall have been executed by a mortgagor who at the time of insurance is the owner of the property and either occupies the property or certifies that his failure to do so is the result of a change in his employment by the Armed Forces or a contractor thereof and to whom the Secretary of Defense or his designee has issued a certificate indicating that such person requires housing and is at the date of the certificate a civilian employee at a research or development installation of one of the military departments of the United States or a contractor thereof and is considered by such military department to be an essential, nontemporary employee at such date. Such certificate shall be conclusive evidence to the Secretary of the employment status of the mortgagor and of the mortgagor’s need for housing.

(b)

Certification of housing need to Secretary; guaranty from loss; authorization of appropriations

ProvidedNo mortgage shall be insured under this section unless the Secretary of Defense or his designee shall have certified to the Secretary that the housing is necessary to provide adequate housing for such civilians employed in connection with such a research or development installation and that there is no present intention to substantially curtail the number of such civilian personnel assigned or to be assigned to such installation. Such certification shall be conclusive evidence to the Secretary of the need for such housing but if the Secretary determines that insurance of mortgages on such housing is not an acceptable risk, he may require the Secretary of Defense to guarantee the General Insurance Fund from loss with respect to mortgages insured pursuant to this section: , That the Secretary shall relieve the Secretary of Defense from any obligation to guarantee the General Insurance Fund from loss with respect to a mortgage assumed by a person ineligible to receive a certificate under subsection (a), if the original mortgagor is issued another certificate with respect to a mortgage insured under this section on property which the Secretary determines is not an acceptable risk. There are authorized to be appropriated such sums as may be necessary to provide for payment to meet losses arising from such guaranty.

(c)

Economic soundness of property

The Secretary may accept any mortgage for insurance under this section without regard to any requirement in any other section of this chapter, that the project or property be economically sound or an acceptable risk.

(d)

Insurance benefits to which mortgagee entitled

section 1710(a) of this title section 1709 of this titleAny mortgagee under a mortgage insured under this section is entitled to the benefits of insurance as provided in with respect to mortgages insured under .

(e)

Payment of insurance; meaning of terms

1 See References in Text note below.

1 section 1710 of this title section 1709 of this titleThe provisions of subsections (b), (c), (d), (e), (f), (g), (h), (j), and (k)  of shall apply to mortgages insured under this section except that as applicable to those mortgages: (1) all references to the “Fund” or “Mutual Mortgage Insurance Fund” shall refer to the “General Insurance Fund” and (2) all references to shall refer to this section.

(f)

Provisions of subchapter applicable; termination date

¹¹¹section 1748b(a) of this titleThe provisions of sections 1748, 1748a, 1748b(c), 1748b(i), 1748b(j), 1748c(a), 1748c(b), and 1748f of this title and the provisions of relating to the aggregate amount of all mortgages insured under this subchapter, shall be applicable to mortgages insured under this section.

(g)

Housing for persons employed by National Aeronautics and Space Administration or Atomic Energy Commission; guaranty from loss; definitions

(1)

A mortgage secured by property which is intended to provide housing for a person (i) employed or assigned to duty at or in connection with any research or development installation of the National Aeronautics and Space Administration and which is located at or near such installation, or (ii) employed at any research or development installation of the Atomic Energy Commission and which is located at or near such installation, may (if the mortgage otherwise meets the requirements of this section) be insured by the Secretary under the provisions of this section. The Administrator of the National Aeronautics and Space Administration (or his designee), in the case of any mortgage secured by property intended to provide housing for any person employed or assigned to duty at any such installation of the National Aeronautics and Space Administration, or the Chairman of the Atomic Energy Commission (or his designee), in the case of any mortgage secured by property intended to provide housing for any person employed at such installation of the Atomic Energy Commission, is authorized to guarantee and indemnify the General Insurance Fund against loss to the extent required by the Secretary, in accordance with the provisions of subsection (b) of this section.

(2)

For purposes of this subsection—

(i)

The terms “Armed Forces”, “one of the military departments of the United States”, “military department”, “Secretary of Defense or his designee”, and “Secretary of Defense”, when used in subsections (a) and (b) of this section, shall be deemed to refer to the National Aeronautics and Space Administration (or the Administrator thereof), or the Atomic Energy Commission (or the Chairman thereof), as may be appropriate;

(ii)

section 1748d of this title The term “Secretary of the Army, Navy, or Air Force”, when used in , shall be deemed to refer to the National Aeronautics and Space Administration or the Administrator thereof, as may be appropriate;

(iii)

The terms “civilian employee”, “civilians”, and “civilian personnel”, as used in this section, shall be deemed to refer to (A) employees of the National Aeronautics and Space Administration or a contractor thereof or to military personnel assigned to duty at an installation of the National Aeronautics and Space Administration, or (B) persons employed at or in connection with any research or development installation of the Atomic Energy Commission, as the case may be; and

(iv)

section 1748d of this title The term “military installation” when used in shall be deemed to refer to an installation of the National Aeronautics and Space Administration.

June 27, 1934, ch. 847 June 13, 1956, ch. 381 70 Stat. 273 Pub. L. 86–372, title I, § 116(b)Sept. 23, 195973 Stat. 664 Pub. L. 86–578July 5, 196074 Stat. 314 Pub. L. 86–774, § 3Sept. 13, 196074 Stat. 915 Pub. L. 87–623, § 2Aug. 31, 196276 Stat. 418 Pub. L. 88–127, § 1Sept. 23, 196377 Stat. 163 Pub. L. 89–117, title II, § 202(c)Aug. 10, 196579 Stat. 466 Pub. L. 90–19, § 1(a)(3)May 25, 196781 Stat. 17 Pub. L. 91–78, § 2(d)Sept. 30, 196983 Stat. 125 Pub. L. 91–152, title I, § 101(f)Dec. 24, 196983 Stat. 379 Pub. L. 91–432, § 1(d)Oct. 2, 197084 Stat. 887 Pub. L. 91–473, § 1(d)Oct. 21, 197084 Stat. 1065 Pub. L. 91–525, § 1(d)Dec. 1, 197084 Stat. 1384 Pub. L. 91–609, title IDec. 31, 197084 Stat. 1770 Pub. L. 92–503, § 1(f)Oct. 18, 197286 Stat. 906 Pub. L. 93–85, § 1(f)Aug. 10, 197387 Stat. 220 Pub. L. 93–117, § 1(f)Oct. 2, 197387 Stat. 421 Pub. L. 93–383, title III, § 316(d)Aug. 22, 197488 Stat. 685 Pub. L. 95–60, § 1(e)June 30, 197791 Stat. 257 Pub. L. 95–80, § 1(e)July 31, 197791 Stat. 339 Pub. L. 95–128, title III, § 301(h)Oct. 12, 197791 Stat. 1131 Pub. L. 95–406, § 1(h)Sept. 30, 197892 Stat. 879 Pub. L. 95–557, title III, § 301(h)Oct. 31, 197892 Stat. 2096 Pub. L. 96–71, § 1(h)Sept. 28, 197993 Stat. 501 Pub. L. 96–105, § 1(h)Nov. 8, 197993 Stat. 794 Pub. L. 96–153, title III, § 301(h)Dec. 21, 197993 Stat. 1112 Pub. L. 96–372, § 1(h)Oct. 3, 198094 Stat. 1363 Pub. L. 96–399, title III, § 301(h)Oct. 8, 198094 Stat. 1638 Pub. L. 97–35, title III, § 331(h)(1)Aug. 13, 198195 Stat. 413 Pub. L. 97–289, § 1(h)Oct. 6, 198296 Stat. 1230 Pub. L. 98–35, § 1(h)May 26, 198397 Stat. 197 Pub. L. 98–109, § 1(h)Oct. 1, 198397 Stat. 745 Pub. L. 98–181, title INov. 30, 198397 Stat. 1208 Pub. L. 99–120, § 1(h)(1)Oct. 8, 198599 Stat. 503 Pub. L. 99–156, § 1(h)(1)Nov. 15, 198599 Stat. 815 Pub. L. 99–219, § 1(h)(1)Dec. 26, 198599 Stat. 1730 Pub. L. 99–267, § 1(i)(1)Mar. 27, 1986100 Stat. 74 Pub. L. 99–272, title III, § 3007(h)(1)Apr. 7, 1986100 Stat. 105 Pub. L. 99–289, § 1(b)May 2, 1986100 Stat. 412 Pub. L. 99–345, § 1June 24, 1986100 Stat. 673 Pub. L. 99–430Sept. 30, 1986100 Stat. 986 Pub. L. 100–122, § 1Sept. 30, 1987101 Stat. 793 Pub. L. 100–154Nov. 5, 1987101 Stat. 890 Pub. L. 100–170Nov. 17, 1987101 Stat. 914 Pub. L. 100–179Dec. 3, 1987101 Stat. 1018 Pub. L. 100–200Dec. 21, 1987101 Stat. 1327 Pub. L. 100–242, title IV, § 401(a)(5)Feb. 5, 1988101 Stat. 1898 Pub. L. 101–625, title IX, § 952(b)Nov. 28, 1990104 Stat. 4418 Pub. L. 102–550, title IX, § 904(b)Oct. 28, 1992106 Stat. 3868 (, title VIII, § 809, as added , ; amended , , ; , , ; , , ; , , ; , , ; , title XI, § 1108(v), , , 506; , (r), , , 19; , , ; , , ; , , ; , , ; , , ; , §§ 101(f), 112, , , 1772; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; [title IV, § 401(g)], , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

section 1735c of this titleThe General Insurance Fund, referred to in text, was established by .

section 1710 of this title Pub. L. 105–276, title VI, § 602(1)Oct. 21, 1998112 Stat. 2674 Subsection (h) of , referred to in subsec. (e), was redesignated subsec. (i) by , , .

section 1710 of this title Pub. L. 105–276, title VI, § 601(c)Oct. 21, 1998112 Stat. 2673 Subsection (k) of , referred to in subsec. (e), was repealed by , , .

Pub. L. 89–117, title XI, § 1108(aa)Aug. 10, 196579 Stat. 507 Sections 1748a and 1748c of this title, referred to in subsec. (f), were repealed by , , .

Prior Provisions

June 27, 1934May 2, 1950, ch. 151 64 Stat. 97 section 1748h of this titleA prior section 809 of title VIII of act , as added , , which related to the procurement of services of architects and engineers by the armed services to effectuate purposes of this subchapter, was classified to .

Amendments

Pub. L. 102–550 section 1701j–2(h) of this title1992—Subsec. (h). struck out subsec. (h) which related to an Advanced Building Technology Program. See .

Pub. L. 101–625, § 952(b)1990—Subsecs. (h) to (j). , which directed the addition of subsec. (h) relating to an Advanced Building Technology Program and the redesignation of subsecs. (h) and (i) as (i) and (j), respectively, was executed by adding subsec. (h) because this section did not contain subsec. (h) or (i).

Pub. L. 100–242March 15, 19881988—Subsec. (f). struck out “No more mortgages shall be insured under this section after , except pursuant to a commitment to insure before such date.”

Pub. L. 100–200March 15, 1988December 16, 19871987—Subsec. (f). substituted “” for “”.

Pub. L. 100–179December 16, 1987December 2, 1987 substituted “” for “”.

Pub. L. 100–170December 2, 1987November 15, 1987 substituted “” for “”.

Pub. L. 100–154November 15, 1987October 31, 1987 substituted “” for “”.

Pub. L. 100–122October 31, 1987September 30, 1987 substituted “” for “”.

Pub. L. 99–430September 30, 1987September 30, 19861986—Subsec. (f). substituted “” for “”.

Pub. L. 99–345September 30, 1986June 6, 1986 substituted “” for “”.

Pub. L. 99–289June 6, 1986April 30, 1986 substituted “” for “”.

Pub. L. 99–272 Pub. L. 99–219 made amendment identical to . See 1985 Amendment note below.

Pub. L. 99–267April 30, 1986March 17, 1986 substituted “” for “”.

Pub. L. 99–219March 17, 1986December 15, 19851985—Subsec. (f). substituted “” for “”.

Pub. L. 99–156December 15, 1985November 14, 1985 substituted “” for “”.

Pub. L. 99–120November 14, 1985September 30, 1985 substituted “” for “”.

Pub. L. 98–181September 30, 1985November 30, 19831983—Subsec. (f). substituted “” for “”.

Pub. L. 98–109November 30, 1983September 30, 1983 substituted “” for “”.

Pub. L. 98–35September 30, 1983May 20, 1983 substituted “” for “”.

Pub. L. 97–289May 20, 1983September 30, 19821982—Subsec. (f). substituted “” for “”.

Pub. L. 97–351981—Subsec. (f). substituted “1982” for “1981”.

Pub. L. 96–399September 30, 1981October 15, 19801980—Subsec. (f). substituted “” for “”.

Pub. L. 96–372October 15, 1980September 30, 1980 substituted “” for “”.

Pub. L. 96–153September 30, 1980November 30, 19791979—Subsec. (f). substituted “” for “”.

Pub. L. 96–105November 30, 1979October 31, 1979 substituted “” for “”.

Pub. L. 96–71October 31, 1979September 30, 1979 substituted “” for “”.

Pub. L. 95–557September 30, 1979October 31, 19781978—Subsec. (f). substituted “” for “”.

Pub. L. 95–406October 31, 1978September 30, 1978 substituted “” for “”.

Pub. L. 95–128September 30, 1978September 30, 19771977—Subsec. (f). substituted “” for “”.

Pub. L. 95–80September 30, 1977July 31, 1977 substituted “” for “”.

Pub. L. 95–60July 31, 1977June 30, 1977 substituted “” for “”.

Pub. L. 93–383June 30, 1977October 1, 19741974—Subsec. (f). substituted “” for “”.

Pub. L. 93–117October 1, 1974October 1, 19731973—Subsec. (f). substituted “” for “”.

Pub. L. 93–85October 1, 1973June 30, 1973 substituted “” for “”.

Pub. L. 92–503June 30, 1973October 1, 19721972—Subsec. (f). substituted “” for “”.

Pub. L. 91–609, § 1121970—Subsec. (b). , inserted the proviso.

Pub. L. 91–609, § 101(f)October 1, 1972January 1, 1971Subsec. (f). , substituted “” for “”.

Pub. L. 91–525January 1, 1971December 1, 1970 substituted “” for “”.

Pub. L. 91–473December 1, 1970November 1, 1970 substituted “” for “”.

Pub. L. 91–432November 1, 1970October 1, 1970 substituted “” for “”.

Pub. L. 91–152October 1, 1970January 1, 19701969—Subsec. (f). substituted “” for “”.

Pub. L. 91–78January 1, 1970October 1, 1969 substituted “” for “”.

Pub. L. 90–19, § 1(a)(3)1967—, substituted “Secretary” for “Commissioner” wherever appearing in subsecs. (a) to (c) and (g)(1).

Pub. L. 90–19, § 1(r)(1)Subsec. (a). , substituted “Secretary of Defense” for “Secretary”.

Pub. L. 90–19, § 1(r)(1)Subsec. (b). , (2), substituted “Secretary of Defense” for “Secretary” wherever appearing.

Pub. L. 90–19, § 1(r)(3)Subsec. (g)(2). , (4), substituted “Secretary of Defense” for “Secretary” in cl. (i) and “the National Aeronautics and Space Administration” for “such Administration”, wherever appearing, respectively.

Pub. L. 89–117, § 1108(v)1965—Subsecs. (b), (e). , substituted “General Insurance Fund” for “Armed Services Housing Mortgage Insurance Fund” wherever appearing.

Pub. L. 89–117, § 202(c)October 1, 1969October 1, 1965Subsec. (f). , substituted “” for “”.

Pub. L. 89–117, § 1108(v)Subsec. (g). , substituted “General Insurance Fund” for “Armed Services Housing Mortgage Insurance Fund” wherever appearing.

Pub. L. 88–127, § 1(1)October 1, 1965October 1, 19631963—Subsec. (f). , substituted “” for “”.

Pub. L. 88–127, § 1(2)June 13, 1956Subsec. (g)(1). , substituted “or in connection with any” for “a”, struck out requirement that such installation belong to a military department of the United States on or after , before its transfer to the Administration, in cl. (i), and extended cl. (ii) to include persons at any installation of the Atomic Energy Commission instead of only the one in Los Alamos County, N. Mex.

Pub. L. 88–127, § 1(3)Subsec. (g)(2)(iii). , extended cl. (B) to include persons at any installation of the Atomic Energy Commission instead of only the one in Los Alamos, N. Mex.

Pub. L. 87–623October 1, 19631962—Subsec. (f). provided that no mortgages shall be insured under this section after , except pursuant to a commitment before such date, and struck out “and the expiration date of the Commissioner’s authority to insure” after “amount of all mortgages insured”.

Pub. L. 86–7741960—Subsec. (g). designated part of existing provisions as par. (1), inserting cl. (ii) and “in the case of any mortgage secured by property intended to provide housing for any person employed or assigned to duty at any such installation of the National Aeronautics and Space Administration, or the Chairman of the Atomic Energy Commission (or his designee), in the case of any mortgage secured by property intended to provide housing for any person employed at such installation of the Atomic Energy Commission” and striking out “in the case of mortgages referred to in this subsection” after “subsection (b) of this section”, and designated cl. (1) as par. (2)(i) and (ii), cl. (2) as par. (2)(iii), adding subpar. (B), and cl. (3) as par. (2)(iv).

Pub. L. 86–578Subsec. (g). added subsec. (g).

Pub. L. 86–372 section 1710 of this title1959—Subsec. (e). inserted reference to subsec. (k) to .

Statutory Notes and Related Subsidiaries

Effective Date of 1981 Amendment

Pub. L. 97–35Oct. 1, 1981section 371 of Pub. L. 97–35 section 3701 of this titleAmendment by effective , see , set out as an Effective Date note under .

Transfer of Functions

Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See also Transfer of Functions notes set out under those sections.

Section text and notes