§ 1748h-1. — Civilian employees of Armed Forces.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC1748h-1]
TITLE 12--BANKS AND BANKING
CHAPTER 13--NATIONAL HOUSING
SUBCHAPTER VIII--ARMED SERVICES HOUSING MORTGAGE INSURANCE
Sec. 1748h-1. Civilian employees of Armed Forces
(a) Requirements; certificate of need for housing and employment status
Notwithstanding any other provisions of this subchapter and in
addition to mortgages insured under section 1748b of this title, the
Secretary may insure any mortgage under this section which meets the
eligibility requirements set forth in section 1709(b) of this title:
Provided, 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
No 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: Provided, 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) of this section, 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
Any mortgagee under a mortgage insured under this section is
entitled to the benefits of insurance as provided in section 1710(a) of
this title with respect to mortgages insured under section 1709 of this
title.
(e) Payment of insurance; meaning of terms
The provisions of subsections (b), (c), (d), (e), (f), (g), (h),\1\
(j), and (k) \1\ of section 1710 of this title 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
section 1709 of this title shall refer to this section.
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\1\ See References in Text note below.
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(f) Provisions of subchapter applicable; termination date
The provisions of sections 1748, 1748a,\1\ 1748b(c), 1748b(i),
1748b(j), 1748c(a),\1\ 1748c(b),\1\ and 1748f of this title and the
provisions of section 1748b(a) of this title 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) The term ``Secretary of the Army, Navy, or Air Force'',
when used in section 1748d of this title, 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) The term ``military installation'' when used in section
1748d of this title shall be deemed to refer to an installation of
the National Aeronautics and Space Administration.
(June 27, 1934, ch. 847, title VIII, Sec. 809, as added June 13, 1956,
ch. 381, 70 Stat. 273; amended Pub. L. 86-372, title I, Sec. 116(b),
Sept. 23, 1959, 73 Stat. 664; Pub. L. 86-578, July 5, 1960, 74 Stat.
314; Pub. L. 86-774, Sec. 3, Sept. 13, 1960, 74 Stat. 915; Pub. L. 87-
623, Sec. 2, Aug. 31, 1962, 76 Stat. 418; Pub. L. 88-127, Sec. 1, Sept.
23, 1963, 77 Stat. 163; Pub. L. 89-117, title II, Sec. 202(c), title XI,
Sec. 1108(v), Aug. 10, 1965, 79 Stat. 466, 506; Pub. L. 90-19,
Sec. 1(a)(3), (r), May 25, 1967, 81 Stat. 17, 19; Pub. L. 91-78,
Sec. 2(d), Sept. 30, 1969, 83 Stat. 125; Pub. L. 91-152, title I,
Sec. 101(f), Dec. 24, 1969, 83 Stat. 379; Pub. L. 91-432, Sec. 1(d),
Oct. 2, 1970, 84 Stat. 887; Pub. L. 91-473, Sec. 1(d), Oct. 21, 1970, 84
Stat. 1065; Pub. L. 91-525, Sec. 1(d), Dec. 1, 1970, 84 Stat. 1384; Pub.
L. 91-609, title I, Secs. 101(f), 112, Dec. 31, 1970, 84 Stat. 1770,
1772; Pub. L. 92-503, Sec. 1(f), Oct. 18, 1972, 86 Stat. 906; Pub. L.
93-85, Sec. 1(f), Aug. 10, 1973, 87 Stat. 220; Pub. L. 93-117,
Sec. 1(f), Oct. 2, 1973, 87 Stat. 421; Pub. L. 93-383, title III,
Sec. 316(d), Aug. 22, 1974, 88 Stat. 685; Pub. L. 95-60, Sec. 1(e), June
30, 1977, 91 Stat. 257; Pub. L. 95-80, Sec. 1(e), July 31, 1977, 91
Stat. 339; Pub. L. 95-128, title III, Sec. 301(h), Oct. 12, 1977, 91
Stat. 1131; Pub. L. 95-406, Sec. 1(h), Sept. 30, 1978, 92 Stat. 879;
Pub. L. 95-557, title III, Sec. 301(h), Oct. 31, 1978, 92 Stat. 2096;
Pub. L. 96-71, Sec. 1(h), Sept. 28, 1979, 93 Stat. 501; Pub. L. 96-105,
Sec. 1(h), Nov. 8, 1979, 93 Stat. 794; Pub. L. 96-153, title III,
Sec. 301(h), Dec. 21, 1979, 93 Stat. 1112; Pub. L. 96-372, Sec. 1(h),
Oct. 3, 1980, 94 Stat. 1363; Pub. L. 96-399, title III, Sec. 301(h),
Oct. 8, 1980, 94 Stat. 1638; Pub. L. 97-35, title III, Sec. 331(h)(1),
Aug. 13, 1981, 95 Stat. 413; Pub. L. 97-289, Sec. 1(h), Oct. 6, 1982, 96
Stat. 1230; Pub. L. 98-35, Sec. 1(h), May 26, 1983, 97 Stat. 197; Pub.
L. 98-109, Sec. 1(h), Oct. 1, 1983, 97 Stat. 745; Pub. L. 98-181, title
IV, Sec. 401(g), Nov. 30, 1983, 97 Stat. 1208; Pub. L. 99-120,
Sec. 1(h)(1), Oct. 8, 1985, 99 Stat. 503; Pub. L. 99-156, Sec. 1(h)(1),
Nov. 15, 1985, 99 Stat. 815; Pub. L. 99-219, Sec. 1(h)(1), Dec. 26,
1985, 99 Stat. 1730; Pub. L. 99-267, Sec. 1(i)(1), Mar. 27, 1986, 100
Stat. 74; Pub. L. 99-272, title III, Sec. 3007(h)(1), Apr. 7, 1986, 100
Stat. 105; Pub. L. 99-289, Sec. 1(b), May 2, 1986, 100 Stat. 412; Pub.
L. 99-345, Sec. 1, June 24, 1986, 100 Stat. 673; Pub. L. 99-430, Sept.
30, 1986, 100 Stat. 986; Pub. L. 100-122, Sec. 1, Sept. 30, 1987, 101
Stat. 793; Pub. L. 100-154, Nov. 5, 1987, 101 Stat. 890; Pub. L. 100-
170, Nov. 17, 1987, 101 Stat. 914; Pub. L. 100-179, Dec. 3, 1987, 101
Stat. 1018; Pub. L. 100-200, Dec. 21, 1987, 101 Stat. 1327; Pub. L. 100-
242, title IV, Sec. 401(a)(5), Feb. 5, 1988, 101 Stat. 1898; Pub. L.
101-625, title IX, Sec. 952(b), Nov. 28, 1990, 104 Stat. 4418; Pub. L.
102-550, title IX, Sec. 904(b), Oct. 28, 1992, 106 Stat. 3868.)
References in Text
The General Insurance Fund, referred to in text, was established by
section 1735c of this title.
Subsection (h) of section 1710 of this title, referred to in subsec.
(e), was redesignated subsec. (i) by Pub. L. 105-276, title VI,
Sec. 602(1), Oct. 21, 1998, 112 Stat. 2674.
Subsection (k) of section 1710 of this title, referred to in subsec.
(e), was repealed by Pub. L. 105-276, title VI, Sec. 601(c), Oct. 21,
1998, 112 Stat. 2673.
Sections 1748a and 1748c of this title, referred to in subsec. (f),
were repealed by Pub. L. 89-117, title XI, Sec. 1108(aa), Aug. 10, 1965,
79 Stat. 507.
Prior Provisions
A prior section 809 of title VIII of act June 27, 1934, as added May
2, 1950, ch. 151, 64 Stat. 97, which related to the procurement of
services of architects and engineers by the armed services to effectuate
purposes of this subchapter, was classified to section 1748h of this
title.
Amendments
1992--Subsec. (h). Pub. L. 102-550 struck out subsec. (h) which
related to an Advanced Building Technology Program. See section 1701j-
2(h) of this title.
1990--Subsecs. (h) to (j). Pub. L. 101-625, Sec. 952(b), 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).
1988--Subsec. (f). Pub. L. 100-242 struck out ``No more mortgages
shall be insured under this section after March 15, 1988, except
pursuant to a commitment to insure before such date.''
1987--Subsec. (f). Pub. L. 100-200 substituted ``March 15, 1988''
for ``December 16, 1987''.
Pub. L. 100-179 substituted ``December 16, 1987'' for ``December 2,
1987''.
Pub. L. 100-170 substituted ``December 2, 1987'' for ``November 15,
1987''.
Pub. L. 100-154 substituted ``November 15, 1987'' for ``October 31,
1987''.
Pub. L. 100-122 substituted ``October 31, 1987'' for ``September 30,
1987''.
1986--Subsec. (f). Pub. L. 99-430 substituted ``September 30, 1987''
for ``September 30, 1986''.
Pub. L. 99-345 substituted ``September 30, 1986'' for ``June 6,
1986''.
Pub. L. 99-289 substituted ``June 6, 1986'' for ``April 30, 1986''.
Pub. L. 99-272 made amendment identical to Pub. L. 99-219. See 1985
Amendment note below.
Pub. L. 99-267 substituted ``April 30, 1986'' for ``March 17,
1986''.
1985--Subsec. (f). Pub. L. 99-219 substituted ``March 17, 1986'' for
``December 15, 1985''.
Pub. L. 99-156 substituted ``December 15, 1985'' for ``November 14,
1985''.
Pub. L. 99-120 substituted ``November 14, 1985'' for ``September 30,
1985''.
1983--Subsec. (f). Pub. L. 98-181 substituted ``September 30, 1985''
for ``November 30, 1983''.
Pub. L. 98-109 substituted ``November 30, 1983'' for ``September 30,
1983''.
Pub. L. 98-35 substituted ``September 30, 1983'' for ``May 20,
1983''.
1982--Subsec. (f). Pub. L. 97-289 substituted ``May 20, 1983'' for
``September 30, 1982''.
1981--Subsec. (f). Pub. L. 97-35 substituted ``1982'' for ``1981''.
1980--Subsec. (f). Pub. L. 96-399 substituted ``September 30, 1981''
for ``October 15, 1980''.
Pub. L. 96-372 substituted ``October 15, 1980'' for ``September 30,
1980''.
1979--Subsec. (f). Pub. L. 96-153 substituted ``September 30, 1980''
for ``November 30, 1979''.
Pub. L. 96-105 substituted ``November 30, 1979'' for ``October 31,
1979''.
Pub. L. 96-71 substituted ``October 31, 1979'' for ``September 30,
1979''.
1978--Subsec. (f). Pub. L. 95-557 substituted ``September 30, 1979''
for ``October 31, 1978''.
Pub. L. 95-406 substituted ``October 31, 1978'' for ``September 30,
1978''.
1977--Subsec. (f). Pub. L. 95-128 substituted ``September 30, 1978''
for ``September 30, 1977''.
Pub. L. 95-80 substituted ``September 30, 1977'' for ``July 31,
1977''.
Pub. L. 95-60 substituted ``July 31, 1977'' for ``June 30, 1977''.
1974--Subsec. (f). Pub. L. 93-383 substituted ``June 30, 1977'' for
``October 1, 1974''.
1973--Subsec. (f). Pub. L. 93-117 substituted ``October 1, 1974''
for ``October 1, 1973''.
Pub. L. 93-85 substituted ``October 1, 1973'' for ``June 30, 1973''.
1972--Subsec. (f). Pub. L. 92-503 substituted ``June 30, 1973'' for
``October 1, 1972''.
1970--Subsec. (b). Pub. L. 91-609, Sec. 112, inserted the proviso.
Subsec. (f). Pub. L. 91-609, Sec. 101(f), substituted ``October 1,
1972'' for ``January 1, 1971''.
Pub. L. 91-525 substituted ``January 1, 1971'' for ``December 1,
1970''.
Pub. L. 91-473 substituted ``December 1, 1970'' for ``November 1,
1970''.
Pub. L. 91-432 substituted ``November 1, 1970'' for ``October 1,
1970''.
1969--Subsec. (f). Pub. L. 91-152 substituted ``October 1, 1970''
for ``January 1, 1970''.
Pub. L. 91-78 substituted ``January 1, 1970'' for ``October 1,
1969''.
1967--Pub. L. 90-19, Sec. 1(a)(3), substituted ``Secretary'' for
``Commissioner'' wherever appearing in subsecs. (a) to (c) and (g)(1).
Subsec. (a). Pub. L. 90-19, Sec. 1(r)(1), substituted ``Secretary of
Defense'' for ``Secretary''.
Subsec. (b). Pub. L. 90-19, Sec. 1(r)(1), (2), substituted
``Secretary of Defense'' for ``Secretary'' wherever appearing.
Subsec. (g)(2). Pub. L. 90-19, Sec. 1(r)(3), (4), substituted
``Secretary of Defense'' for ``Secretary'' in cl. (i) and ``the National
Aeronautics and Space Administration'' for ``such Administration'',
wherever appearing, respectively.
1965--Subsecs. (b), (e). Pub. L. 89-117, Sec. 1108(v), substituted
``General Insurance Fund'' for ``Armed Services Housing Mortgage
Insurance Fund'' wherever appearing.
Subsec. (f). Pub. L. 89-117, Sec. 202(c), substituted ``October 1,
1969'' for ``October 1, 1965''.
Subsec. (g). Pub. L. 89-117, Sec. 1108(v), substituted ``General
Insurance Fund'' for ``Armed Services Housing Mortgage Insurance Fund''
wherever appearing.
1963--Subsec. (f). Pub. L. 88-127, Sec. 1(1), substituted ``October
1, 1965'' for ``October 1, 1963''.
Subsec. (g)(1). Pub. L. 88-127, Sec. 1(2), 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 June 13, 1956, 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.
Subsec. (g)(2)(iii). Pub. L. 88-127, Sec. 1(3), extended cl. (B) to
include persons at any installation of the Atomic Energy Commission
instead of only the one in Los Alamos, N. Mex.
1962--Subsec. (f). Pub. L. 87-623 provided that no mortgages shall
be insured under this section after October 1, 1963, 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''.
1960--Subsec. (g). Pub. L. 86-774 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).
Subsec. (g). Pub. L. 86-578 added subsec. (g).
1959--Subsec. (e). Pub. L. 86-372 inserted reference to subsec. (k)
to section 1710 of this title.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 371
of Pub. L. 97-35, set out as an Effective Date note under section 3701
of this title.
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 Referred to in Other Sections
This section is referred to in section 1748h-3 of this title.
