(a) For the purpose of this section—
(1) “Government” means the Government of the United States;
(2) “agency” means an Executive agency, but does not include the Tennessee Valley Authority;
(3) “employee” means an employee of an agency;
(4) “United States” means the several States, the District of Columbia, and the territories and possessions of the United States including the Commonwealth of Puerto Rico;
(5) “quarters” means quarters owned or leased by the Government; and
(6) “facilities” means household furniture and equipment, garage space, utilities, subsistence, and laundry service.
(b) The head of an agency may provide, directly or by contract, an employee stationed in the United States with quarters and facilities, when conditions of employment or of availability of quarters warrant the action.
(c) Rental rates for quarters provided for an employee under subsection (b) of this section or occupied on a rental basis by an employee or member of a uniformed service under any other provision of statute, and charges for facilities made available in connection with the occupancy of the quarters, shall be based on the reasonable value of the quarters and facilities to the employee or member concerned, in the circumstances under which the quarters and facilities are provided, occupied, or made available. The amounts of the rates and charges shall be paid by, or deducted from the pay of, the employee or member of a uniformed service, or otherwise charged against him in accordance with law. The amounts of payroll deductions for the rates and charges shall remain in the applicable appropriation or fund. When payment of the rates and charges is made by other than payroll deductions, the amounts of payment shall be credited to the Government as provided by law.
(d) When, as an incidental service in support of a program of the Government, quarters and facilities are provided by appropriate authority of the Government to an individual other than an employee or member of a uniformed service, the rates and charges therefor shall be determined in accordance with this section. The amounts of payment of the rates and charges shall be credited to the Government as provided by law.
(e) The head of an agency may not require an employee or member of a uniformed service to occupy quarters on a rental basis, unless the agency head determines that necessary service cannot be rendered, or that property of the Government cannot adequately be protected, otherwise.
(f) The President may prescribe regulations governing the provision, occupancy, and availability of quarters and facilities, the determination of rates and charges therefor, and other related matters, necessary and appropriate to carry out this section. The head of each agency may prescribe regulations, not inconsistent with the regulations of the President, necessary and appropriate to carry out the functions of the agency head under this section.
(g) Subsection (c) of this section does not repeal or modify any provision of statute authorizing the provision of quarters or facilities, either without charge or at rates or charges specifically fixed by statute.
(h) A member of the uniformed service on a permanent change of duty station or temporary duty orders and occupying unaccompanied personnel housing—
(1) is exempt from the requirement of subsection (c) to pay a rental rate or charge based on the reasonable value of the quarters and facilities provided; and
(2) shall pay such lesser rate or charge as the Secretary of Defense establishes by regulation.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 508; Pub. L. 99–145, title VIII, §809(c), Nov. 8, 1985, 99 Stat. 681.)
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | 5 U.S.C. 3121. | Aug. 20, 1964, Pub. L. 88–459, §1, 78 Stat. 557. |
| (b) | 5 U.S.C. 3122. | Aug. 20, 1964, Pub. L. 88–459, §2, 78 Stat. 557. |
| (c) | 5 U.S.C. 3123. | Aug. 20, 1964, Pub. L. 88–459, §3, 78 Stat. 557. |
| (d) | 5 U.S.C. 3124. | Aug. 20, 1964, Pub. L. 88–459, §4, 78 Stat. 557. |
| (e) | 5 U.S.C. 3125. | Aug. 20, 1964, Pub. L. 88–459, §5, 78 Stat. 557. |
| (f) | 5 U.S.C. 3126. | Aug. 20, 1964, Pub. L. 88–459, §6, 78 Stat. 558. |
| (g) | 5 U.S.C. 3127. | Aug. 20, 1964, Pub. L. 88–459, §7, 78 Stat. 558. |
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