10 U.S.C. § 2881a — Pilot projects for acquisition or con-

Page 2303 TITLE 10—ARMED FORCES § 2881a (b) INAPPLICABILITY OF LIMITATIONS ON SPACE BY PAY GRADE.—Sections 2826 and 2856 of this title shall not apply to military family housing or military unaccompanied housing units ac- quired or constructed under this subchapter. (Added Pub. L. 104–106, div. B, title XXVIII, § 2801(a)(1), Feb. 10, 1996, 110 Stat. 548; amended Pub. L. 108–136, div. B, title XXVIII, § 2806, Nov. 24, 2003, 117 Stat. 1722; Pub. L. 109–364, div. B, title XXVIII, § 2807(b), Oct. 17, 2006, 120 Stat. 2469.) Editorial Notes AMENDMENTS 2006—Subsec. (b). Pub. L. 109–364 substituted ‘‘Sec- tions 2826 and 2856’’ for ‘‘(1) Section 2826’’, inserted ‘‘or military unaccompanied housing’’ after ‘‘military fam- ily housing’’, and struck out par. (2) which read as fol- lows: ‘‘The regulations prescribed under section 2856 of this title shall not apply to any military unaccom- panied housing unit acquired or constructed under this subchapter.’’ 2003—Subsec. (b)(2). Pub. L. 108–136 struck out ‘‘unless the unit is located on a military installation’’ before period at end. § 2881. Ancillary supporting facilities (a) AUTHORITY TO ACQUIRE OR CONSTRUCT.— Any project for the acquisition or construction of military family housing units or military un- accompanied housing units under this sub- chapter may include the acquisition or con- struction of ancillary supporting facilities for the housing units concerned. (b) RESTRICTION.—A project referred to in sub- section (a) may not include the acquisition or construction of an ancillary supporting facility (other than a child development center) if, as de- termined by the Secretary concerned, the facil- ity is to be used for providing merchandise or services in direct competition with— (1) the Army and Air Force Exchange Serv- ice; (2) the Navy Exchange Service Command; (3) a Marine Corps exchange; (4) the Defense Commissary Agency; or (5) any nonappropriated fund activity of the Department of Defense for the morale, wel- fare, and recreation of members of the armed forces. (Added Pub. L. 104–106, div. B, title XXVIII, § 2801(a)(1), Feb. 10, 1996, 110 Stat. 548; amended Pub. L. 106–65, div. B, title XXVIII, § 2804, Oct. 5, 1999, 113 Stat. 849; Pub. L. 109–163, div. B, title XXVIII, § 2805(a), Jan. 6, 2006, 119 Stat. 3507.) Editorial Notes AMENDMENTS 2006—Subsec. (b). Pub. L. 109–163 inserted ‘‘(other than a child development center)’’ after ‘‘ancillary sup- porting facility’’ in introductory provisions. 1999—Pub. L. 106–65 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Statutory Notes and Related Subsidiaries CONSTRUCTION OF 2006 AMENDMENT Pub. L. 109–163, div. B, title XXVIII, § 2805(c), Jan. 6, 2006, 119 Stat. 3507, provided that: ‘‘Nothing in the amendment made by subsection (a) [amending this sec- tion] may be construed to alter any law and regulation applicable to the operation of a child development cen- ter, as defined in section 2871(2) of title 10, United States Code.’’ § 2881a. Pilot projects for acquisition or con- struction of military unaccompanied housing (a) PILOT PROJECTS AUTHORIZED.—The Sec- retary of the Navy may carry out not more than three pilot projects under the authority of this section or another provision of this subchapter to use the private sector for the acquisition or construction of military unaccompanied housing in the United States, including any territory or possession of the United States. (b) TREATMENT OF HOUSING; ASSIGNMENT OF MEMBERS.—The Secretary of the Navy may as- sign members of the armed forces without de- pendents to housing units acquired or con- structed under the pilot projects, and such hous- ing units shall be considered as quarters of the United States or a housing facility under the ju- risdiction of the Secretary for purposes of sec- tion 403 of title 37. (c) BASIC ALLOWANCE FOR HOUSING.—(1) The Secretary of Defense may prescribe and, under section 403(o) of title 37, pay for members of the armed forces without dependents in privatized housing acquired or constructed under the pilot projects higher rates of partial basic allowance for housing than the rates authorized under paragraph (2) of such section. (2) The partial basic allowance for housing paid for a member at a higher rate under this subsection may be paid directly to the private sector source of the housing to whom the mem- ber is obligated to pay rent or other charge for residing in such housing if the private sector source credits the amount so paid against the amount owed by the member for the rent or other charge. (d) FUNDING.—(1) The Secretary of the Navy shall use the Department of Defense Military Unaccompanied Housing Improvement Fund to carry out activities under the pilot projects. (2) Subject to 30 days prior notification to the appropriate committees of Congress in an elec- tronic medium pursuant to section 480 of this title, such additional amounts as the Secretary of Defense considers necessary may be trans- ferred to the Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military unaccompanied housing in military construction accounts. The amounts so trans- ferred shall be merged with and be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund. [(e) Repealed. Pub. L. 115–91, div. A, title X, § 1051(a)(25), Dec. 12, 2017, 131 Stat. 1562.] (f) EXPIRATION.—The authority of the Sec- retary of the Navy to enter into a contract under the pilot programs shall expire September 30, 2009. (Added Pub. L. 107–314, div. B, title XXVIII, § 2803(a)(1), Dec. 2, 2002, 116 Stat. 2703; amended Pub. L. 109–163, div. A, title X, § 1056(c)(10), Jan. 6, 2006, 119 Stat. 3440; Pub. L. 109–364, div. B, title XXVIII, § 2812, Oct. 17, 2006, 120 Stat. 2473; Pub. L. 111–383, div. B, title XXVIII, § 2803(f), Jan. 7, 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