---
kind: "section"
citation: "10 U.S.C. § 2881a"
title: "10"
title_heading: "Armed Forces"
number: "2881a"
heading: "Temporary authority for acquisition or construction of privatized military unaccompanied housing"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2881a"
units:
  - "Subtitle A — General Military Law"
  - "Part IV — Service, Supply, and Property"
  - "Chapter 169 — Military Construction and Military Family Housing"
  - "Subchapter IV — Alternative Authority for Acquisition and Improvement of Military Housing"
---

# §2881a. Temporary authority for acquisition or construction of privatized military unaccompanied housing

- (a) **In General.—** The [Secretary concerned](/usc/10/2801.md?p=c-5) may use the authority under this subchapter to enter into [contracts](/usc/10/2871.md?p=4) with appropriate private sector entities for the acquisition or [construction](/usc/10/2871.md?p=3) of [military unaccompanied housing](/usc/10/2871.md?p=11) in the [United States](/usc/10/2871.md?p=13), including any territory or possession of the [United States](/usc/10/2871.md?p=13).
- (b) **Treatment of Housing; Assignment of Members.—** The [Secretary concerned](/usc/10/2801.md?p=c-5) may assign members of the [armed forces](/usc/10/101.md?p=a-4) without [dependents](/usc/10/1072.md?p=2) to [housing units](/usc/10/2871.md?p=8) acquired or constructed pursuant to this section, and such [housing units](/usc/10/2871.md?p=8) shall be considered as quarters of the [United States](/usc/10/2871.md?p=13) or a housing [facility](/usc/10/2700.md?p=2) under the jurisdiction of the [Secretary](/usc/10/4951.md?p=3) for purposes of [section 403 of title 37](/usc/37/403.md).
- (c) **Basic Allowance for Housing.—**
  - (1) The [Secretary](/usc/10/4951.md?p=3) of Defense may prescribe and, under [section 403(o)](/usc/37/403.md?p=o) of title 37, [pay](/usc/10/101.md?p=a-15) for members of the [armed forces](/usc/10/101.md?p=a-4) without [dependents](/usc/10/1072.md?p=2) in privatized [housing units](/usc/10/2871.md?p=8) acquired or constructed pursuant to this section higher [rates](/usc/10/101.md?p=b-9) of partial basic allowance for housing than the [rates](/usc/10/101.md?p=b-9) authorized under [paragraph (2)](/usc/10/403.md) of such section.
  - (2) The partial basic allowance for housing paid for a member at a higher [rate](/usc/10/101.md?p=b-9) under this subsection may be paid directly to the private sector source of the housing to whom the member is obligated to [pay](/usc/10/101.md?p=a-15) 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 concerned](/usc/10/2801.md?p=c-5) shall use the [Department](/usc/10/101.md?p=a-6) of Defense [Military Unaccompanied Housing](/usc/10/2871.md?p=11) Improvement [Fund](/usc/10/2871.md?p=6) to carry out activities pursuant to this section.
  - (2) Subject to 30 days prior notification to the [appropriate committees of Congress](/usc/10/301.md?p=1) in an electronic medium pursuant to [section 480 of this title](/usc/10/480.md), such additional amounts as the [Secretary](/usc/10/4951.md?p=3) of Defense considers necessary may be transferred to the [Department](/usc/10/101.md?p=a-6) of Defense [Military Unaccompanied Housing](/usc/10/2871.md?p=11) Improvement [Fund](/usc/10/2871.md?p=6) from amounts appropriated for [construction](/usc/10/2871.md?p=3) of [military unaccompanied housing](/usc/10/2871.md?p=11) in [military construction](/usc/10/2801.md?p=a) accounts. The amounts so transferred 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](/usc/10/2871.md?p=6).
- (e) **Expiration.—** The authority of the [Secretary concerned](/usc/10/2801.md?p=c-5) to enter into a [contract](/usc/10/2871.md?p=4) under this section shall expire September 30, 2029.

## Source credit

(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, 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; Pub. L. 119–21, title II, § 20001(c), July 4, 2025, 139 Stat. 113.)

## Notes

### Editorial Notes

### Amendments

2025—Pub. L. 119–21, § 20001(c)(1), substituted “Temporary authority for acquisition or construction of privatized military unaccompanied housing” for “Pilot projects for acquisition or construction of military unaccompanied housing” in section catchline.

Subsec. (a). Pub. L. 119–21, § 20001(c)(2), (4), substituted “In General” for “Pilot Projects Authorized” in heading, “Secretary concerned” for “Secretary of the Navy”, and “use the authority under this subchapter to enter into contracts with appropriate private sector entities” for “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”.

Subsec. (b). Pub. L. 119–21, § 20001(c)(2), (3), substituted “Secretary concerned” for “Secretary of the Navy” and “pursuant to this section” for “under the pilot projects”.

Subsec. (c)(1). Pub. L. 119–21, § 20001(c)(3), (5), substituted “privatized housing units” for “privatized housing” and “pursuant to this section” for “under the pilot projects”.

Subsec. (d)(1). Pub. L. 119–21, § 20001(c)(2), (3), substituted “Secretary concerned” for “Secretary of the Navy” and “pursuant to this section” for “under the pilot projects”.

Subsec. (e). Pub. L. 119–21, § 20001(c)(7), substituted “under this section” for “under the pilot programs” and “September 30, 2029” for “September 30, 2009”.

Pub. L. 119–21, § 20001(c)(6), redesignated subsec. (f) as (e). Former subsec. (e) had been struck out by Pub. L. 115–91. See 2017 Amendment note below.

Subsec. (f). Pub. L. 119–21, § 20001(c)(6), redesignated subsec. (f) as (e).

Pub. L. 119–21, § 20001(c)(2), substituted “Secretary of the Navy” for “Secretary concerned”.

2022—Subsec. (c)(1). Pub. L. 117–263 substituted “section 403(o)” for “section 403(n)”.

2017—Subsec. (d)(2). Pub. L. 115–91, § 2801(d)(1), inserted “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 period 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 “Notwithstanding section 2885 of this title, the”.