
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2830]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
     CHAPTER 169--MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
 
                 SUBCHAPTER II--MILITARY FAMILY HOUSING
 
Sec. 2830. Occupancy of substandard family housing units

    (a)(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.
    (b)(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 Transportation 
    with respect to the Coast Guard when it is not operating as a 
    service in the Navy, subject to regulations prescribed by that 
    Secretary.

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 162; amended 
Pub. L. 99-348, title III, Sec. 304(a)(4), July 1, 1986, 100 Stat. 703; 
Pub. L. 100-180, div. A, title VI, Sec. 632(a), Dec. 4, 1987, 101 Stat. 
1105; Pub. L. 105-85, div. A, title VI, Sec. 603(d)(2)(B), Nov. 18, 
1997, 111 Stat. 1782.)


                               Amendments

    1997--Subsec. (a)(1). Pub. L. 105-85, Sec. 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, Sec. 603(d)(2)(B)(ii), substituted 
``basic allowance for housing'' for ``basic allowance for quarters''.
    1987--Subsec. (a)(1). Pub. L. 100-180, Sec. 632(a)(1), substituted 
``Secretary concerned'' for ``Secretary of a military department''.
    Subsec. (b). Pub. L. 100-180, Sec. 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. 99-348 struck 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 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.


                             Effective Date

    For effective date and applicability of section, see section 12(a) 
of Pub. L. 97-214, set out as a note under section 2801 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 2801 of this title.
