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10 U.S.C. § 2882 — Effect of assignment of members to hous-
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2882
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Source file: Laws/federal/codes/united-states-code-2024/title-10/section-2882-effect-of-assignment-of-members-to-hous--242d67fdcc.md
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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 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
ALLOT-
MENTS.—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.
(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.)
Editorial Notes
AMENDMENTS
2008—Pub. L. 110–417 amended section generally. Prior
to amendment, section related to assignment of mem-
bers of the armed forces to housing units by the Sec-
retary concerned, treatment of such housing as quar-
ters of the United States, entitlement to a basic allow-
ance 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), sub-
stituted ‘‘basic allowance for housing under section 403
of title 37’’ for ‘‘basic allowance for quarters under sec-
tion 403 of title 37 and, if in a high housing cost area,
a variable housing allowance under section 403a of that
title’’.
Statutory Notes and Related Subsidiaries
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.
§ 2883. Department of Defense Housing Funds
(a) ESTABLISHMENT.—There are hereby estab-
lished on the books of the Treasury the fol-
lowing accounts:
(1) The Department of Defense Family Hous-
ing Improvement Fund.
(2) The Department of Defense Military Un-
accompanied Housing Improvement Fund.
(b) COMMINGLING
OF
FUNDS
PROHIBITED.—(1)
The Secretary of Defense shall administer each
Fund separately.
(2) Amounts in the Department of Defense
Family Housing Improvement Fund may be used
only to carry out activities under this sub-
chapter with respect to military family housing.
(3) Amounts in the Department of Defense
Military Unaccompanied Housing Improvement
Fund may be used only to carry out activities
under this subchapter with respect to military
unaccompanied housing.
(c) CREDITS TO FUNDS.—(1) There shall be cred-
ited to the Department of Defense Family Hous-
ing Improvement Fund the following:
(A) Amounts authorized for and appropriated
to that Fund.
(B) Subject to subsection (f), any amounts
that the Secretary of Defense transfers, in
such amounts as provided in appropriation
Acts, to that Fund from amounts authorized
and appropriated to the Department of De-
fense for the acquisition, improvement, or
construction of military family housing.
(C) Proceeds from the conveyance or lease of
property or facilities under section 2878 of this
title for the purpose of carrying out activities
under this subchapter with respect to military
family housing.
(D) Income derived from any activities under
this subchapter with respect to military fam-
ily housing, including interest on loans made
under section 2873 of this title, income and
gains realized from investments under section
2875 of this title, and any return of capital in-
vested as part of such investments.
(E) Any amounts that the Secretary of the
Navy transfers to that Fund pursuant to sec-
tion 2814(i)(3) of this title, subject to the re-
strictions on the use of the transferred
amounts specified in that section.
(F) Any amounts that the Secretary con-
cerned transfers to that Fund pursuant to sec-
tion 2869 of this title.
(2) There shall be credited to the Department
of Defense Military Unaccompanied Housing Im-
provement Fund the following:
(A) Amounts authorized for and appropriated
to that Fund.
(B) Subject to subsection (f), any amounts
that the Secretary of Defense transfers, in
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Federal law — U.S. Code and appendices · legal_authorities
**(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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2882
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.