(1)A member of the uniformed services with dependents may, without loss of the member’s basic allowance for housing under section
403 of title
37, occupy a substandard family housing unit under the jurisdiction of the Secretary concerned.
(2)Occupancy of a family housing unit under paragraph (1) shall be subject to a charge against the member’s basic allowance for housing in the amount of the fair rental value of the housing unit. However, such a charge may not be made in an amount in excess of 75 percent of the amount of such allowance.
(1)The Secretary concerned may lease substandard family housing units to members of any of the uniformed services for occupancy by such members.
(2)The authority to enter into leases under paragraph (1) shall be exercised—
(A)in the case of a lease by the Secretary of a military department, subject to regulations prescribed by the Secretary of Defense; and
(B)in the case of a lease by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, subject to regulations prescribed by that Secretary.
2002—Subsec. (b)(2)(B). Pub. L. 107–296substituted “of Homeland Security” for “of Transportation”.
1997—Subsec. (a)(1). Pub. L. 105–85, § 603(d)(2)(B)(i), substituted “basic allowance for housing under section
403 of title
37” for “basic allowance for quarters”.
Subsec. (a)(2). Pub. L. 105–85, § 603(d)(2)(B)(ii), substituted “basic allowance for housing” for “basic allowance for quarters”.
1987—Subsec. (a)(1). Pub. L. 100–180, § 632(a)(1), substituted “Secretary concerned” for “Secretary of a military department”.
Subsec. (b). Pub. L. 100–180, § 632(a)(2), (3), designated existing provisions as par. (1), substituted “The Secretary concerned” for “Subject to regulations prescribed by the Secretary of Defense, the Secretary of a military department”, and added par. (2).
1986—Subsec. (c). Pub. L. 99–348struck out subsec. (c) which defined “uniformed services” in this section to mean the armed forces and the commissioned corps of the Public Health Service and of the National Oceanic and Atmospheric Administration. See section
101 of this title.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) ofPub. L. 107–296, set out as a note under section
101 of this title.
Effective Date of 1997 Amendment
Amendment by Pub. L. 105–85effective Jan. 1, 1998, see section 603(e) ofPub. L. 105–85, set out as a note under section
5561 of Title
5, Government Organization and Employees.
For effective date and applicability of section, see section 12(a) ofPub. L. 97–214, set out as a note under section
2801 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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