10 U.S.C. § 2882

Current through P.L. 117-42 (published on www.congress.gov on 09/30/2021)
Section 2882 - Effect of assignment of members to housing units acquired or constructed under alternative authority
(a) TREATMENT AS QUARTERS OF THE UNITED STATES.-Except as provided in subsection (b), housing units acquired or constructed under this subchapter shall be considered as quarters of the United States or a housing facility under the jurisdiction of a uniformed service for purposes of section 403 of title 37.
(b) AVAILABILITY OF BASIC ALLOWANCE FOR HOUSING.-A member of the armed forces who is assigned to a housing unit acquired or constructed under this subchapter that is not owned or leased by the United States shall be entitled to a basic allowance for housing under section 403 of title 37.
(c) LEASE PAYMENTS THROUGH PAY ALLOTMENTS.-The Secretary concerned may require members of the armed forces who lease housing in housing units acquired or constructed under this subchapter to make lease payments for such housing pursuant to allotments of the pay of such members under section 701 of title 37.

10 U.S.C. § 2882

Added Pub. L. 104-106, div. B, title XXVIII, §2801(a)(1), Feb. 10, 1996, 110 Stat. 548; amended Pub. L. 105-85, div. A, title VI, §603(d)(2)(C), Nov. 18, 1997, 111 Stat. 1783; Pub. L. 110-417, div. B, title XXVIII, §2805(e)(1), Oct. 14, 2008, 122 Stat. 4723.

AMENDMENTS2008- Pub. L. 110-417 amended section generally. Prior to amendment, section related to assignment of members of the armed forces to housing units by the Secretary concerned, treatment of such housing as quarters of the United States, entitlement to a basic allowance for housing, and making of lease payments through pay allotments. 1997-Subsec. (b)(1). Pub. L. 105-85, §603(d)(2)(C)(i), substituted "section 403" for "section 403(b)".Subsec. (b)(2). Pub. L. 105-85, §603(d)(2)(C)(ii), substituted "basic allowance for housing under section 403 of title 37" for "basic allowance for quarters under section 403 of title 37 and, if in a high housing cost area, a variable housing allowance under section 403a of that title".

EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105-85 effective Jan. 1, 1998, see section 603(e) of Pub. L. 105-85 set out as a note under section 5561 of Title 5, Government Organization and Employees.

Secretary concerned
The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
armed forces
The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
pay
The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.