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10 U.S.C. § 2882 — Effect of assignment of members to housing units acquired or constructed under alternative authority

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section403&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section403&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section701&num=0&edition=prelim).

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Source file: Laws/federal/codes/united-states-code/title-10/section-2882-effect-of-assignment-of-members-to-housing-units-acquired-or-constructed--6bf09327bc.md
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Source location: Title 10, Chapter 169, § 2882; chapter-169-military-construction-and-military-family-housing.md

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 701 — Members of the Army, Navy, Air Force, Marine Corps, and Space Force; contract surgeons

**(a)** Under regulations prescribed by the Secretary of the military department concerned, a commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force may transfer or assign the officer’s pay account, when due and payable. **(b)** A contract surgeon, or contract dental surgeon, of the Army, Navy, or Air Force, on duty in Alaska, Hawaii, the Philippine Islands, or Puerto Rico, may transfer or assign the person’s pay account, when due and payable, under the regulations prescribed under subsection (a). **(c)** An enlisted member of the Army, Navy, Air Force, Marine Corps, or Space Force may not assign the member’s pay, and if the member does so, the assignment is void. **(d)** Under regulations prescribed by the Secretary of Defense, a member of the Army, Navy, Air Force, Marine Corps, or Space Force and a contract surgeon of the Army, Navy, or Air Force may make allotments from the pay of the member or surgeon for the purpose of supporting relatives or for any other purpose that the Secretary considers proper. Such allotments may include a maximum of six allotments considered to be discretionary under such regulations. For a member or former member entitled to retired or retainer pay, a maximum of six discretionary allotments authorized during active military service may be continued into retired status, and new discretionary allotments may be authorized so long as the total number of discretionary allotments does not exceed six. **(e)** If an allotment made under subsection (d) is paid to the allottee before the disbursing officer receives a notice of discontinuance from the officer required by regulation to furnish the notice, the amount of the allotment shall be credited to the disbursing officer. If an allotment is erroneously paid because t

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 403 — Basic allowance for housing

**(a) General Entitlement.—** (1) Except as otherwise provided by law, a member of a uniformed service who is entitled to basic pay is entitled to a basic allowance for housing at the monthly rates prescribed under this section or another provision of law with regard to the applicable component of the basic allowance for housing. The amount of the basic allowance for housing for a member will vary according to the pay grade in which the member is assigned or distributed for basic pay purposes, the dependency status of the member, and the geographic location of the member. The basic allowance for housing may be paid in advance. (2) A member of a uniformed service with dependents is not entitled to a basic allowance for housing as a member with dependents unless the member makes a certification to the Secretary concerned indicating the status of each dependent of the member. The certification shall be made in accordance with regulations prescribed by the Secretary of Defense. **(b) Basic Allowance for Housing Inside the United States.—** (1) The Secretary of Defense shall prescribe the rates of the basic allowance for housing that are applicable for the various military housing areas in the United States. The rates for an area shall be based on the costs of adequate housing determined for the area under paragraph (2). (2) The Secretary of Defense shall determine the costs of adequate housing in a military housing area in the United States for all members of the uniformed services entitled to a basic allowance for housing in that area. The Secretary shall base the determination upon the costs of adequate housing for civilians with comparable income levels in the same area. After June 30, 2001, the Secretary may not differentiate between members with dependents in pay

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 403

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5561 — Definitions

For the purpose of this subchapter— (1) “agency” means an Executive agency and a military department; (2) “employee” means an employee in or under an agency who is a citizen or national of the United States or an alien admitted to the United States for permanent residence, but does not include a part-time or intermittent employee or native labor casually hired on an hourly or daily basis. However, such an employee who enters a status listed in paragraph (5)(A)–(E) of this section— (A) inside the continental United States; or (B) who is a resident at or in the vicinity of his place of employment in a territory or possession of the United States or in a foreign country and who was not living there solely as a result of his employment; is an employee for the purpose of this subchapter only on a determination by the head of the agency concerned that this status is the proximate result of employment by the agency; (3) “dependent” means— (A) a wife; (B) an unmarried child (including an unmarried dependent stepchild or adopted child) under 21 years of age; (C) a dependent mother or father; (D) a dependent designated in official records; and (E) an individual determined to be dependent by the head of the agency concerned or his designee; (4) “active service” means active Federal service by an employee; (5) “missing status” means the status of an employee who is in active service and is officially carried or determined to be absent in a status of— (A) missing; (B) missing in action; (C) interned in a foreign country; (D) captured, beleaguered, or besieged by a hostile force; or (E) detained in a foreign country against his will; but does not include the status of an employee for a period during which he is officially determined to be

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2882 — Effect of assignment of members to hous-

Page 2304 TITLE 10—ARMED FORCES § 2882 2011, 124 Stat. 4459; Pub. L. 115–91, div. A, title X, § 1051(a)(25), div. B, title XXVIII, § 2801(d)(1), Dec. 12, 2017, 131 Stat. 1562, 1844; Pub. L. 117–263, div. A, title VI, § 613(b), Dec. 23, 2022, 136 Stat. 2623.) Editorial Notes AMENDMENTS 2022—Subsec. (c)(1). Pub. L. 117–263 substituted ‘‘sec- tion 403(o)’’ for ‘‘section 403(n)’’. 2017—Subsec. (d)(2). Pub. L. 115–91, § 2801(d)(1), in- serted ‘‘in an electronic medium pursuant to section 480 of this title’’ after ‘‘Congress’’. Subsec. (e). Pub. L. 115–91, § 1051(a)(25), struck out subsec. (e) which required reports describing certain proposed contracts, conveyances, or leases. 2011—Subsec. (e)(2). Pub. L. 111–383 inserted before pe- riod at end ‘‘or, if earlier, a period of 20 days has elapsed from the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title’’. 2006—Subsecs. (d)(2), (e)(2). Pub. L. 109–364, § 2812(a), substituted ‘‘30 days’’ for ‘‘90 days’’. Subsec. (f). Pub. L. 109–364, § 2812(b), substituted ‘‘2009’’ for ‘‘2007’’. Pub. L. 109–163 substituted ‘‘The’’ for ‘‘Notwith- standing section 2885 of this title, the’’. § 2882. Effect of assignment of members to hous- ing units acquired or constructed under al- ternative 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 ju- risdiction 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 con- structed under this subchapt

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