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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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LegalText 10 U.S.C. § 2838 Leasing of military family housing to Secretary of Defense us united_states_code code_section 10 ARMED FORCES 169 MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING 2838 10 U.S.C. § 2838 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s2838 data/legal/raw/us/code/title-10/usc10.xml 0365602e2ea1b0ac9835e923e34ebc808f5ef429c07da61b8c4f8021b6924a97 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 cec38d5528a5a90ea271ec370752120a491f697aee6a3f874fa9124fe0fa2c49 2026-07-04 official
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10 U.S.C. § 2838 - Leasing of military family housing to Secretary of Defense

Text

(a) Authority.— (1) The Secretary of a military department may lease to the Secretary of Defense military family housing in the National Capital Region (as defined in section 2674(f) of this title).

(2) In determining the military housing unit to lease under this section, the Secretary of Defense should first consider any available military housing units that are already substantially equipped for executive communications and security.

(b) Rental Rate.— A lease under subsection (a) shall provide for the payment by the Secretary of Defense of consideration in an amount equal to 105 percent of the monthly rate of basic allowance for housing prescribed under section 403(b) of title 37 for a member of the uniformed services in the pay grade of O10 with dependents assigned to duty at the military installation on which the leased housing unit is located. A rate so established shall be considered the fair market value of the lease interest.

(c) Treatment of Proceeds.— (1) The Secretary of a military department shall deposit all amounts received pursuant to leases entered into by the Secretary under this section into a special account in the Treasury established for such military department.

(2) The proceeds deposited into the special account of a military department pursuant to paragraph (1) shall be available to the Secretary of that military department, without further appropriation, for the maintenance, protection, alteration, repair, improvement, or restoration of military housing on the military installation at which the housing leased pursuant to subsection (a) is located.

(Added Pub. L. 110417, div. B, title XXVIII, § 2804(a), Oct. 14, 2008, 122 Stat. 4720.)