§ 403. — Basic allowance for housing.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC403]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7--ALLOWANCES
Sec. 403. Basic allowance for housing
(a) General Entitlement.--(1) Except as otherwise provided by law, a
member of a uniformed service who is entitled to basic pay is entitled
to a basic allowance for housing at the monthly rates prescribed under
this section or another provision of law with regard to the applicable
component of the basic allowance for housing. The amount of the basic
allowance for housing for a member will vary according to the pay grade
in which the member is assigned or distributed for basic pay purposes,
the dependency status of the member, and the geographic location of the
member. The basic allowance for housing may be paid in advance.
(2) A member of a uniformed service with dependents is not entitled
to a basic allowance for housing as a member with dependents unless the
member makes a certification to the Secretary concerned indicating the
status of each dependent of the member. The certification shall be made
in accordance with regulations prescribed by the Secretary of Defense.
(b) Basic Allowance for Housing Inside the United States.--(1) The
Secretary of Defense shall prescribe the rates of the basic allowance
for housing that are applicable for the various military housing areas
in the United States. The rates for an area shall be based on the costs
of adequate housing determined for the area under paragraph (2).
(2) The Secretary of Defense shall determine the costs of adequate
housing in a military housing area in the United States for all members
of the uniformed services entitled to a basic allowance for housing in
that area. The Secretary shall base the determination upon the costs of
adequate housing for civilians with comparable income levels in the same
area. After June 30, 2001, the Secretary may not differentiate between
members with dependents in pay grades E-1 through E-4 in determining
what constitutes adequate housing for members.
(3) The total amount that may be paid for a fiscal year for the
basic allowance for housing under this subsection may not be less than
the product of--
(A) the total amount authorized to be paid for such allowance
for the preceding fiscal year; and
(B) a fraction--
(i) the numerator of which is the index of the national
average monthly cost of housing for June of the preceding fiscal
year; and
(ii) the denominator of which is the index of the national
average monthly cost of housing for June of the second preceding
fiscal year.
(4) An adjustment in the rates of the basic allowance for housing
under this subsection as a result of the Secretary's redetermination of
housing costs in an area shall take effect on the same date as the
effective date of the next increase in basic pay under section 1009 of
this title or other provision of law.
(5) On and after July 1, 2001, the Secretary of Defense shall
establish a single monthly rate for members of the uniformed services
with dependents in pay grades E-1 through E-4 in the same military
housing area. The rate shall be consistent with the rates paid to
members in pay grades other than pay grades E-1 through E-4 and shall be
based on the following:
(A) The average cost of a two-bedroom apartment in that military
housing area.
(B) One-half of the difference between the average cost of a
two-bedroom townhouse in that area and the amount determined in
subparagraph (A).
(6) So long as a member of a uniformed service retains uninterrupted
eligibility to receive a basic allowance for housing within an area of
the United States, the monthly amount of the allowance for the member
may not be reduced as a result of changes in housing costs in the area
or the promotion of the member.
(c) Basic Allowance for Housing Outside the United States.--(1) The
Secretary of Defense may prescribe an overseas basic allowance for
housing for a member of a uniformed service who is on duty outside of
the United States. The Secretary shall establish the basic allowance for
housing under this subsection on the basis of housing costs in the
overseas area in which the member is assigned.
(2) So long as a member of a uniformed service retains uninterrupted
eligibility to receive a basic allowance for housing in an overseas area
and the actual monthly cost of housing for the member is not reduced,
the monthly amount of the allowance in an area outside the United States
may not be reduced as a result of changes in housing costs in the area
or the promotion of the member. The monthly amount of the allowance may
be adjusted to reflect changes in currency rates.
(3)(A) In the case of a member of the uniformed services authorized
to receive an allowance under paragraph (1), the Secretary concerned may
make a lump-sum payment to the member for required deposits and advance
rent, and for expenses relating thereto, that are--
(i) incurred by the member in occupying private housing outside
of the United States; and
(ii) authorized or approved under regulations prescribed by the
Secretary concerned.
(B) Expenses for which a member may be reimbursed under this
paragraph may include losses relating to housing that are sustained by
the member as a result of fluctuations in the relative value of the
currencies of the United States and the foreign country in which the
housing is located.
(C) The Secretary concerned shall recoup the full amount of any
deposit or advance rent payments made by the Secretary under
subparagraph (A), including any gain resulting from currency
fluctuations between the time of payment and the time of recoupment.
(d) Basic Allowance for Housing When Dependents Are Unable To
Accompany Member.--(1) A member of a uniformed service with dependents
who is on permanent duty at a location described in paragraph (2) is
entitled to a family separation basic allowance for housing under this
subsection at a monthly rate equal to the rate of the basic allowance
for housing established under subsection (b) or the overseas basic
allowance for housing established under subsection (c), whichever
applies to that location, for members in the same grade at that location
without dependents.
(2) A permanent duty location referred to in paragraph (1) is a
location--
(A) to which the movement of the member's dependents is not
authorized at the expense of the United States under section 406 of
this title, and the member's dependents do not reside at or near the
location; and
(B) at which quarters of the United States are not available for
assignment to the member.
(3) If a member with dependents is assigned to duty in an area that
is different from the area in which the member's dependents reside, the
member is entitled to a basic allowance for housing as provided in
subsection (b) or (c), whichever applies to the member, subject to the
following:
(A) If the member's assignment to duty in that area, or the
circumstances of that assignment, require the member's dependents to
reside in a different area, as determined by the Secretary
concerned, the amount of the basic allowance for housing for the
member shall be based on the area in which the dependents reside or
the member's last duty station, whichever the Secretary concerned
determines to be most equitable.
(B) If the member's assignment to duty in that area is under the
conditions of a low-cost or no-cost permanent change of station or
permanent change of assignment, the amount of the basic allowance
for housing for the member shall be based on the member's last duty
station if the Secretary concerned determines that it would be
inequitable to base the allowance on the cost of housing in the area
to which the member is reassigned.
(4) The family separation basic allowance for housing under this
subsection shall be in addition to any other allowance or per diem that
the member is otherwise entitled to receive under this title. A member
may receive a basic allowance for housing under both paragraphs (1) and
(3).
(e) Effect of Assignment to Quarters.--(1) Except as otherwise
provided by law, a member of a uniformed service who is assigned to
quarters of the United States or a housing facility under the
jurisdiction of a uniformed service appropriate to the grade, rank, or
rating of the member and adequate for the member and dependents of the
member, if with dependents, is not entitled to a basic allowance for
housing.
(2) A member without dependents who is in a pay grade above pay
grade E-6 and who is assigned to quarters in the United States or a
housing facility under the jurisdiction of a uniformed service,
appropriate to the grade or rank of the member and adequate for the
member, may elect not to occupy those quarters and instead to receive
the basic allowance for housing prescribed for the member's pay grade by
this section.
(3) A member without dependents who is in pay grade E-6 and who is
assigned to quarters of the United States that do not meet the minimum
adequacy standards established by the Secretary of Defense for members
in such pay grade, or to a housing facility under the jurisdiction of a
uniformed service that does not meet such standards, may elect not to
occupy such quarters or facility and instead to receive the basic
allowance for housing prescribed for the member's pay grade under this
section.
(4) The Secretary concerned may deny the right to make an election
under paragraph (2) or (3) if the Secretary determines that the exercise
of such an election would adversely affect a training mission, military
discipline, or military readiness.
(5) A member with dependents who is assigned to quarters of the
United States or a housing facility under the jurisdiction of a
uniformed service may be paid the basic allowance for housing if,
because of orders of competent authority, the dependents are prevented
from occupying those quarters.
(f) Ineligibility During Initial Field Duty or Sea Duty.--(1) A
member of a uniformed service without dependents who makes a permanent
change of station for assignment to a unit conducting field operations
is not entitled to a basic allowance for housing while on that initial
field duty unless the commanding officer of the member certifies that
the member was necessarily required to procure quarters at the member's
expense.
(2)(A) Except as provided in subparagraphs (B) and (C), a member of
a uniformed service without dependents who is in a pay grade below pay
grade E-6 is not entitled to a basic allowance for housing while the
member is on sea duty.
(B) Under regulations prescribed by the Secretary concerned, the
Secretary may authorize the payment of a basic allowance for housing to
a member of a uniformed service without dependents who is serving in pay
grade E-4 or E-5 and is assigned to sea duty. In prescribing regulations
under this subparagraph, the Secretary concerned shall consider the
availability of quarters for members serving in pay grades E-4 and E-5.
(C) Notwithstanding section 421 of this title, two members of the
uniformed services in a pay grade below pay grade E-6 who are married to
each other, have no other dependents, and are simultaneously assigned to
sea duty are jointly entitled to one basic allowance for housing during
the period of such simultaneous sea duty. The amount of the allowance
shall be based on the without dependents rate for the pay grade of the
senior member of the couple. However, this subparagraph shall not apply
to a couple if one or both of the members are entitled to a basic
allowance for housing under subparagraph (B).
(3) The Secretary of Defense, and the Secretary of Homeland Security
with respect to the Coast Guard when it is not operating as a service in
the Department of the Navy, shall prescribe regulations defining the
terms ``field duty'' and ``sea duty'' for purposes of this section.
(g) Reserve Members.--(1) A member of a reserve component without
dependents who is called or ordered to active duty in support of a
contingency operation, or a retired member without dependents who is
ordered to active duty under section 688(a) of title 10 in support of a
contingency operation, may not be denied a basic allowance for housing
if, because of that call or order, the member is unable to continue to
occupy a residence--
(A) which is maintained as the primary residence of the member
at the time of the call or order; and
(B) which is owned by the member or for which the member is
responsible for rental payments.
(2) Paragraph (1) shall not apply if the member is authorized
transportation of household goods under section 406 of this title as
part of the call or order to active duty described in such paragraph.
(3) The Secretary of Defense shall establish a rate of basic
allowance for housing to be paid to a member of a reserve component
while the member serves on active duty under a call or order to active
duty specifying a period of less than 140 days, unless the call or order
to active duty is in support of a contingency operation.
(h) Rental of Public Quarters.--Notwithstanding any other law
(including those restricting the occupancy of housing facilities under
the jurisdiction of a department or agency of the United States by
members, and their dependents, of the armed forces above specified
grades, or by members, and their dependents, of the National Oceanic and
Atmospheric Administration and the Public Health Service), a member of a
uniformed service, and the dependents of the member, may be accepted as
tenants in, and may occupy on a rental basis, any of those housing
facilities, other than public quarters constructed or designated for
assignment to an occupancy without charge by such a member and the
dependents of the member, if any. Such a member may not, because of
occupancy under this subsection, be deprived of any money allowance to
which the member is otherwise entitled for the rental of quarters.
(i) Temporary Housing Allowance While in Travel or Leave Status.--A
member of a uniformed service is entitled to a temporary basic allowance
for housing (at a rate determined by the Secretary of Defense) while the
member is in a travel or leave status between permanent duty stations,
including time granted as delay en route or proceed time, when the
member is not assigned to quarters of the United States.
(j) Aviation Cadets.--The eligibility of an aviation cadet of the
Navy, Air Force, Marine Corps, or Coast Guard for a basic allowance for
housing shall be determined as if the aviation cadet were a member of
the uniformed services in pay grade E-4.
(k) Administration.--(1) The Secretary of Defense shall prescribe
regulations for the administration of this section.
(2) The Secretary concerned may make such determinations as may be
necessary to administer this section, including determinations of
dependency and relationship. When warranted by the circumstances, the
Secretary concerned may reconsider and change or modify any such
determination. The authority of the Secretary concerned under this
subsection may be delegated. Any determination made under this section
with regard to a member of the uniformed services is final and is not
subject to review by any accounting officer of the United States or a
court, unless there is fraud or gross negligence.
(3) Parking facilities (including utility connections) provided
members of the uniformed services for house trailers and mobile homes
not owned by the Government shall not be considered to be quarters for
the purposes of this section or any other provision of law. Any fees
established by the Government for the use of such a facility shall be
established in an amount sufficient to cover the cost of maintenance,
services, and utilities and to amortize the cost of construction of the
facility over the 25-year period beginning with the completion of such
construction.
(l) Temporary Continuation of Allowance for Dependents of Members
Dying on Active Duty.--(1) The Secretary of Defense, or the Secretary of
Homeland Security in the case of the Coast Guard when not operating as a
service in the Navy, may allow the dependents of a member of the armed
forces who dies on active duty and whose dependents are occupying family
housing provided by the Department of Defense, or by the Department of
Homeland Security in the case of the Coast Guard, other than on a rental
basis on the date of the member's death to continue to occupy such
housing without charge for a period of 180 days.
(2) The Secretary concerned may pay a basic allowance for housing
(at the rate that is payable for members of the same grade and
dependency status as the deceased member for the area where the
dependents are residing) to the dependents of a member of the uniformed
services who dies while on active duty and whose dependents--
(A) are not occupying a housing facility under the jurisdiction
of a uniformed service on the date of the member's death;
(B) are occupying such housing on a rental basis on such date;
or
(C) vacate such housing sooner than 180 days after the date of
the member's death.
(3) The payment of the allowance under paragraph (2) shall terminate
180 days after the date of the member's death.
(m) Members Paying Child Support.--(1) A member of a uniformed
service with dependents may not be paid a basic allowance for housing at
the with dependents rate solely by reason of the payment of child
support by the member if--
(A) the member is assigned to a housing facility under the
jurisdiction of a uniformed service; or
(B) the member is assigned to sea duty, and elects not to occupy
assigned quarters for unaccompanied personnel, unless the member is
in a pay grade above E-3.
(2) A member of a uniformed service assigned to quarters of the
United States or a housing facility under the jurisdiction of a
uniformed service who is not otherwise authorized a basic allowance for
housing and who pays child support is entitled to the basic allowance
for housing differential, except for months for which the amount payable
for the child support is less than the rate of the differential. Payment
of a basic allowance for housing differential does not affect any
entitlement of the member to a partial allowance for quarters under
subsection (n).
(3) The basic allowance for housing differential to which a member
is entitled under paragraph (2) is the amount equal to the difference
between--
(A) the rate of the basic allowance for quarters (with
dependents) for the member's pay grade, as such rate was in effect
on December 31, 1997, under this section (as in effect on that
date); and
(B) the rate of the basic allowance for quarters (without
dependents) for the member's pay grade, as such rate was in effect
on December 31, 1997, under this section (as in effect on that
date).
(4) Whenever the rates of basic pay for members of the uniformed
services are increased, the monthly amount of the basic allowance for
housing differential computed under paragraph (3) shall be increased by
the average percentage increase in the rates of basic pay. The effective
date of the increase shall be the same date as the effective date of the
increase in the rates of basic pay.
(5) In the case of two members, who have one or more common
dependents (and no others), who are not married to each other, and one
of whom pays child support to the other, the amount of the basic
allowance for housing paid to each member under this section shall be
reduced in accordance with regulations prescribed by the Secretary of
Defense. The total amount of the basic allowances for housing paid to
the two members may not exceed the sum of the amounts of the allowance
to which each member would be otherwise entitled under this section.
(n) Partial Allowance for Members Without Dependents.--(1) A member
of a uniformed service without dependents who is not entitled to receive
a basic allowance for housing under subsection (b), (c), or (d) is
entitled to a partial basic allowance for housing at a rate determined
by the Secretary of Defense under paragraph (2).
(2) The rate of the partial basic allowance for housing is the
partial rate of the basic allowance for quarters for the member's pay
grade as such partial rate was in effect on December 31, 1997, under
section 1009(c)(2) of this title (as such section was in effect on such
date).
(o) Treatment of Low-Cost and No-Cost Moves as Not Being
Reassignments.--In the case of a member who is assigned to duty at a
location or under circumstances that make it necessary for the member to
be reassigned under the conditions of low-cost or no-cost permanent
change of station or permanent change of assignment, the member may be
treated for the purposes of this section as if the member were not
reassigned if the Secretary concerned determines that it would be
inequitable to base the member's entitlement to, and amount of, a basic
allowance for housing on the cost of housing in the area to which the
member is reassigned.
(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 470; Pub. L. 88-132, Sec. 10,
Oct. 2, 1963, 77 Stat. 216; Pub. L. 89-718, Secs. 49(a)(1), 54, Nov. 2,
1966, 80 Stat. 1121, 1122; Pub. L. 90-207, Sec. 1(3), Dec. 16, 1967, 81
Stat. 651; Pub. L. 92-129, title II, Sec. 204, Sept. 28, 1971, 85 Stat.
358; Pub. L. 93-64, title I, Sec. 105, July 9, 1973, 87 Stat. 148; Pub.
L. 93-419, Sec. 3(6), Sept. 19, 1974, 88 Stat. 1152; Pub. L. 96-343,
Sec. 4(a)(1), (2), Sept. 8, 1980, 94 Stat. 1125; Pub. L. 96-513, title
V, Sec. 516(10), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96-579,
Secs. 6(a)-(c), 7, Dec. 23, 1980, 94 Stat. 3367, 3368; Pub. L. 97-22,
Sec. 11(b)(2), July 10, 1981, 95 Stat. 138; Pub. L. 98-94, title IX,
Sec. 907(a), Sept. 24, 1983, 97 Stat. 637; Pub. L. 98-525, title VI,
Secs. 602(c), 604(a), Oct. 19, 1984, 98 Stat. 2534, 2537; Pub. L. 99-
145, title VI, Secs. 604(a), 605(a), title VIII, Sec. 809(b), title
XIII, Sec. 1303(b)(6), Nov. 8, 1985, 99 Stat. 638, 681, 740; Pub. L. 99-
227, Sec. 1, Dec. 28, 1985, 99 Stat. 1745; Pub. L. 100-26, Sec. 8(d)(5),
Apr. 21, 1987, 101 Stat. 285; Pub. L. 102-25, title VII, Sec. 702(b)(1),
(c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102-190, div. A, title VI,
Secs. 602(a), 604(a), 632(a), Dec. 5, 1991, 105 Stat. 1373, 1374, 1380;
Pub. L. 103-337, div. A, title VI, Sec. 604(a), (b), Oct. 5, 1994, 108
Stat. 2782; Pub. L. 104-106, div. A, title VI, Secs. 603(a), 604(a),
Feb. 10, 1996, 110 Stat. 357, 358; Pub. L. 104-201, div. A, title VI,
Secs. 604(a)-(c), 605, Sept. 23, 1996, 110 Stat. 2540, 2541; Pub. L.
105-85, div. A, title VI, Sec. 603(a), Nov. 18, 1997, 111 Stat. 1775;
Pub. L. 105-261, div. A, title VI, Sec. 603(a), Oct. 17, 1998, 112 Stat.
2037; Pub. L. 106-398, Sec. 1 [[div. A], title VI, Secs. 605(a)-(d),
607, 608, title X, Sec. 1087(b)(2)], Oct. 30, 2000, 114 Stat. 1654,
1654A-147 to 1654A-149, 1654A-292; Pub. L. 107-107, div. A, title VI,
Sec. 605(a), Dec. 28, 2001, 115 Stat. 1134; Pub. L. 107-296, title XVII,
Sec. 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107-314, div. A,
title VI, Sec. 602, Dec. 2, 2002, 116 Stat. 2566.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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403(a)................................ 37:252(a). Oct. 12, 1949, ch. 681, Sec.
37:252(f). 302(a)-(f), 63 Stat. 812; May 19,
403(b)................................ 37:252(b). 1952, ch. 310, Sec. 1(b), (c), 66
403(c)................................ 37:252(c). Stat. 79; May 20, 1958, Pub. L. 85-
403(d)................................ 37:252(d). 422, Sec. 1(9), 72 Stat. 127.
403(e)................................ 37:111a. July 2, 1945, ch. 227, 59 Stat.
316.
403(f)................................ 37:320. June 29, 1950, ch. 405, Sec. 102,
403(g)................................ 37:252(e). 64 Stat. 288.
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In subsection (a), the words ``at the following monthly rates'' are
substituted for the words ``in such amount and under such circumstances
as are provided in this section''. Section 252(f) (words before table)
of existing title 37 is omitted as surplusage.
In subsections (b), (d), and (e), the words ``United States'' are
substituted for the word ``Government''.
In subsection (c), the words ``a period'' are substituted for the
words ``temporary periods''.
In subsection (e), the words ``member'' and ``members'' are
substituted for the word ``personnel''.
In subsection (f), the words ``may be used'' are substituted for the
words ``shall be available''. The words ``for any periods after June 29,
1950,'' are omitted as executed. The words ``(as defined in sections
231(g) and 252 of this title)'' are omitted as covered by section 401 of
this revised title.
In subsection (g), the word ``including'' is substituted for the
words ``and such regulations shall include, but not be limited to''.
Amendments
2002--Subsec. (b)(7). Pub. L. 107-314, Sec. 602(1), redesignated
par. (7) as subsec. (o).
Subsecs. (f)(3), (l)(1). Pub. L. 107-296 substituted ``of Homeland
Security'' for ``of Transportation'' wherever appearing.
Subsec. (o). Pub. L. 107-314 redesignated subsec. (b)(7) as subsec.
(o), inserted heading, substituted ``In the case of a member who is
assigned to duty at a location or under circumstances that make it
necessary for the member to be'' for ``In the case of a member who is
assigned to duty inside the United States, the location or the
circumstances of which make it necessary that the member be'', and
inserted ``for the purposes of this section'' after ``may be treated''.
2001--Subsec. (i). Pub. L. 107-107 struck out ``who is in a pay
grade E-4 (4 or more years of service) or above'' after ``A member of a
uniformed service''.
2000--Subsec. (b)(1). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 605(a)(3)], added par. (1). Former par. (1) redesignated (2).
Subsec. (b)(2). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 607(a)], inserted at end ``After June 30, 2001, the Secretary may
not differentiate between members with dependents in pay grades E-1
through E-4 in determining what constitutes adequate housing for
members.''
Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 605(a)(1), (2)],
redesignated par. (1) as (2) and struck out former par. (2) which read
as follows: ``Subject to paragraph (3), the monthly amount of a basic
allowance for housing for an area of the United States for a member of a
uniformed service is equal to the difference between--
``(A) the monthly cost of adequate housing in that area, as
determined by the Secretary of Defense, for members of the uniformed
services serving in the same pay grade and with the same dependency
status as the member; and
``(B) 15 percent of the national average monthly cost of
adequate housing in the United States, as determined by the
Secretary, for members of the uniformed services serving in the same
pay grade and with the same dependency status as the member.''
Subsec. (b)(3). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 605(b)], added par. (3) and struck out former par. (3) which read
as follows: ``The rates of basic allowance for housing shall be reduced
as necessary to comply with this paragraph. The total amount that may be
paid for a fiscal year for the basic allowance for housing under this
subsection is the product of--
``(A) the total amount authorized to be paid for such allowance
for the preceding fiscal year (as adjusted under paragraph (5)); and
``(B) a fraction--
``(i) the numerator of which is the index of the national
average monthly cost of housing for June of the preceding fiscal
year; and
``(ii) the denominator of which is the index of the national
average monthly cost of housing for June of the fiscal year
before the preceding fiscal year.''
Subsec. (b)(5). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 607(b)], added par. (5).
Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 605(b)(1)], struck
out par. (5) which read as follows: ``In making a determination under
paragraph (3) for a fiscal year, the amount authorized to be paid for
the preceding fiscal year for the basic allowance for housing shall be
adjusted to reflect changes during the year for which the determination
is made in the number, grade distribution, geographic distribution in
the United States, and dependency status of members of the uniformed
services entitled to the allowance from the number of such members
during the preceding fiscal year.''
Subsec. (b)(6). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 605(c)(1)], struck out ``, changes in the national average monthly
cost of housing,'' after ``housing costs in the area''.
Subsec. (b)(7). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 605(c)(2)], struck out ``without dependents'' after ``In the case
of a member''.
Subsec. (d)(3). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 605(d)], added par. (3) and struck out former par. (3) which read
as follows: ``In the case of a member with dependents who is assigned to
duty at a location or under circumstances that, as determined by the
Secretary concerned, require the member's dependents to reside at a
different location, the member shall receive a basic allowance for
housing, as provided in subsection (a) or (b), as if the member were
assigned to duty in the area in which the dependents reside, regardless
of whether the member resides in quarters of the United States or is
also entitled to a family separation basic allowance for housing by
reason of paragraph (1).''
Subsec. (f)(2)(B). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 608(a)], substituted ``E-4 or E-5'' for ``E-5'' in first sentence
and ``grades E-4 and E-5'' for ``grade E-5'' in second sentence.
Subsec. (f)(3). Pub. L. 106-398, Sec. 1 [[div. A], title X,
Sec. 1087(b)(2)], substituted ``regulations'' for ``regulation''.
Subsec. (m)(1)(B). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 608(b)], substituted ``E-3'' for ``E-4''.
1998--Subsec. (c)(3). Pub. L. 105-261 added par. (3).
1997--Pub. L. 105-85 amended section generally. Prior to amendment,
section consisted of subsecs. (a) to (m) relating to basic allowances
for quarters.
1996--Subsec. (b). Pub. L. 104-106, Sec. 603(a), designated first
sentence as par. (1), designated second sentence as par. (2) and
substituted ``Subject'' for ``However, subject'', and added par. (3).
Subsec. (b)(3). Pub. L. 104-201, Sec. 605, substituted ``Subject to
the provisions of subsection (j), a member'' for ``A member''.
Subsec. (c)(2). Pub. L. 104-201, Sec. 604(a)-(c), designated first
sentence as subpar. (A) and substituted ``Except as provided in
subparagraphs (B) and (C), a member'' for ``A member'', added subpars.
(B) and (C), and struck out former second sentence which read as
follows: ``A member of a uniformed service without dependents who is in
a pay grade above E-5 who is assigned to sea duty under a permanent
change of station is not entitled to a basic allowance for quarters if
the unit to which the member is ordered is deployed and the permanent
station of the unit is different than the permanent station from which
the member is reporting.''
Pub. L. 104-106, Sec. 604(a), substituted ``E-6'' for ``E-7'' in
first sentence and ``E-5'' for ``E-6'' in second sentence.
1994--Subsec. (l). Pub. L. 103-337 substituted ``180 days'' for ``90
days'' wherever appearing.
1991--Subsec. (a). Pub. L. 102-190, Sec. 604(a)(1), designated
existing provisions as par. (1) and added par. (2).
Subsec. (b). Pub. L. 102-25, Sec. 702(b)(1), struck out ``of this
section'' after ``subsection (j)''.
Subsec. (d). Pub. L. 102-190, Sec. 632(a), designated existing
provisions as par. (1) and added par. (2).
Subsec. (j)(1). Pub. L. 102-190, Sec. 604(a)(2), substituted
``Secretary of Defense shall'' for ``President may''.
Subsec. (j)(2). Pub. L. 102-25, Sec. 702(b)(1), struck out ``of this
section'' after ``subsection (b)''.
Subsec. (m). Pub. L. 102-190, Sec. 602(a), added subsec. (m).
1987--Subsec. (l)(1). Pub. L. 100-26 substituted ``armed forces''
for ``Armed Forces''.
1985--Subsec. (a). Pub. L. 99-145, Sec. 1303(b)(6), inserted ``or as
otherwise prescribed by law'' after ``of this title''.
Pub. L. 99-145, Sec. 604(a), inserted provision permitting the
allowance authorized by this section to be paid in advance.
Subsec. (c)(1). Pub. L. 99-145, Sec. 605(a)(1), substituted ``who
makes a permanent change of station for assignment to a unit conducting
field operations is not entitled to a basic allowance for quarters while
on that initial field duty'' for ``is not entitled to a basic allowance
for quarters while he is on field duty''.
Subsec. (c)(2). Pub. L. 99-145, Sec. 605(a)(2), substituted ``who is
assigned to sea duty under a permanent change of station is not entitled
to a basic allowance for quarters if the unit to which the member is
ordered is deployed and the permanent station of the unit is different
than the permanent station from which the member is reporting'' for
``and who is on sea duty is not entitled to a basic allowance for
quarters while the unit to which he is assigned is deployed for a period
in excess of 90 days''.
Subsec. (c)(3). Pub. L. 99-145, Sec. 605(a)(3), struck out par. (3)
which provided that for purposes of this subsection, duty for a period
of less than three months was not considered to be field duty or sea
duty.
Subsec. (k). Pub. L. 99-145, Sec. 809(b), substituted ``25-year
period'' for ``15-year period''.
Subsec. (l). Pub. L. 99-227 added subsec. (l).
1984--Pub. L. 98-525, Sec. 602(c)(2), struck out ``; variable
housing allowance'' in section catchline.
Subsec. (a). Pub. L. 98-525, Sec. 602(c)(1), struck out designation
for par. (1) preceding ``Except as otherwise provided by law'' and
struck out par. (2) which related to variable housing allowances.
Subsec. (j)(2). Pub. L. 98-525, Sec. 604(a), inserted reference to
training missions.
1983--Subsec. (a)(2)(A), (D). Pub. L. 98-94 substituted ``Except as
provided in subparagraph (D) of this paragraph, a member'' for ``A
member'' at beginning of subpar. (A), and added subpar. (D).
1981--Subsec. (b). Pub. L. 97-22 substituted ``pay grade E-6'' for
``pay grade F-6''.
1980--Pub. L. 96-343, Sec. 4(a)(2), substituted ``for quarters;
variable housing allowance'' for ``for quarters'' in section catchline.
Subsec. (a). Pub. L. 96-343, Sec. 4(a)(1), designated existing
provisions as par. (1) and added par. (2).
Subsec. (b). Pub. L. 96-579, Sec. 6(a)(1), (2), substituted in
second sentence ``subject to the provisions of subsection (j)'' for
``except as provided by regulations prescribed under subsection (j)'',
``member'' for ``commissioned officer'', and ``F-6'' for ``C-3''.
Because ``C-3'' did not appear in this subsection, ``F-6'' was
substituted for ``O-3'' as the probable intent of Congress.
Subsec. (c). Pub. L. 96-579, Sec. 6(b), reenacted existing text in
provisions designated as pars. (1) and (3), and substituted par. (2)
respecting nonentitlement to basic allowance for quarters when on sea
duty for member of a uniformed service in pay grade below E-7 or above
E-6 for prior nonentitlement provision for such member when on sea duty.
Subsec. (e). Pub. L. 96-513, Sec. 516(10)(A), substituted ``National
Oceanic and Atmospheric Administration'' for ``Environmental Science
Services Administration''.
Subsec. (j). Pub. L. 96-579, Sec. 6(c), designated existing
provisions as par. (1) and added par. (2).
Pub. L. 96-513, Sec. 516(10)(B), substituted ``terms'' for
``words''.
Subsec. (k). Pub. L. 96-579, Sec. 7, added subsec. (k).
1974--Subsec. (a). Pub. L. 93-419 substituted reference to section
1009 of this title for provisions setting out in tables the rates of
basic allowance for quarters for members of uniformed services.
1973--Subsec. (a). Pub. L. 93-64, Sec. 105(1), (2), substituted in
table provisions reading:
------------------------------------------------------------------------
``E-4............................................ $81.60 $121.50
E-3.............................................. 72.30 105.00
E-2.............................................. 63.90 105.00
E-1.............................................. 60.00 105.00''
for former provisions reading:
``E-4 (over 4 years' service).................... 81.60 121.50
E-4 (4 years' or less service)................... 45.00 45.00
E-3.............................................. 45.00 45.00
E-2.............................................. 45.00 45.00
E-1.............................................. 45.00 45.00''
------------------------------------------------------------------------
and struck out ``A member in pay grade E-4 (less than four years'
service), E-3, E-2, or E-1 is considered at all times to be without
dependents.''.
Subsec. (b). Pub. L. 93-64, Sec. 105(3), in second sentence
substituted reference to subsection ``(j)'' for ``(g)''.
Subsecs. (g) to (j). Pub. L. 93-64, Sec. 105(4), (5), added subsecs.
(g) to (i) and redesignated former subsec. (g) as (j).
1971--Subsec. (a). Pub. L. 92-129 increased quarters allowances as
shown in table. Prior to this amendment the table was set out as
follows:
------------------------------------------------------------------------
Without With
``Pay grade dependents dependents
------------------------------------------------------------------------
O-10.................................. $160.20 $201.00
O-9................................... 160.20 201.00
O-8................................... 160.20 201.00
O-7................................... 160.20 201.00
O-6................................... 140.10 170.10
O-5................................... 130.20 157.50
O-4................................... 120.00 145.05
O-3................................... 105.00 130.05
O-2................................... 95.10 120.00
O-1................................... 85.20 110.10
W-4................................... 120.00 145.05
W-3................................... 105.00 130.05
W-2................................... 95.10 120.00
W-1................................... 85.20 110.10
E-9................................... 85.20 120.00
E-8................................... 85.20 120.00
E-7................................... 75.00 114.90
E-6................................... 70.20 110.10
E-5................................... 70.20 105.00
E-4 (over 4 years' service)........... 70.20 105.00
E-4 (4 years' or less service)........ 45.00 45.00
E-3................................... 45.00 45.00
E-2................................... 45.00 45.00
E-1................................... 45.00 45.00''
------------------------------------------------------------------------
1967--Subsec. (f). Pub. L. 90-207 substituted provisions authorizing
the payment of a basic allowance for quarters to a member of a uniformed
service without dependents who is in pay grade E-4 (four or more years'
service) or above for the period he is in a travel or leave status
between permanent duty stations for provisions which precluded the
payment of a basic allowance for quarters to a member of a uniformed
service without dependents while in a permanent change of station
status.
1966--Subsec. (a). Pub. L. 89-718 increased the quarters allowances
as shown on the table. Prior to this amendment the table was set out as
follows:
------------------------------------------------------------------------
Without With
``Pay grade dependents dependents
------------------------------------------------------------------------
O-10.................................. $171.00 $136.80
O-9................................... 171.00 136.80
O-8................................... 171.00 136.80
O-7................................... 171.00 136.80
O-6................................... 136.80 119.70
O-5................................... 136.80 102.60
O-4................................... 119.70 94.20
O-3................................... 102.60 85.50
O-2................................... 94.20 77.10
O-1................................... 85.50 68.40
W-4................................... 119.70 94.20
W-3................................... 102.60 85.50
W-2................................... 94.20 77.10
W-1................................... 85.50 68.40
E-9................................... 67.50 45.00
E-8................................... 67.50 45.00
E-7................................... 67.50 45.00
E-6................................... 67.50 45.00
E-5................................... 67.50 45.00
E-4 (7 or more years' service 67.50 45.00
creditable under section 205)........
E-4 (less than 7 years' service 45.00 45.00
creditable under section 205)........
E-3................................... 45.00 45.00
E-2................................... 45.00 45.00
E-1................................... 45.00 45.00''
------------------------------------------------------------------------
Subsec. (e). Pub. L. 89-718 substituted ``Environmental Science
Services Administration'' for ``Coast and Geodetic Survey''.
1963--Subsec. (b). Pub. L. 88-132 authorized election by certain
officers without dependents not to occupy government quarters.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-296 effective on the date of transfer of
the Coast Guard to the Department of Homeland Security, see section
1704(g) of Pub. L. 107-296, set out as a note under section 101 of Title
10, Armed Forces.
Effective Date of 2001 Amendment
Pub. L. 107-107, div. A, title VI, Sec. 605(b), Dec. 28, 2001, 115
Stat. 1134, provided that: ``The amendment made by this section
[amending this section] shall take effect on January 1, 2003, and apply
to members of the uniformed services in a travel or leave status between
permanent duty stations on or after that date.''
Effective Date of 2000 Amendment
Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 605(f)], Oct. 30,
2000, 114 Stat. 1654, 1654A-148, provided that:
``(1) The amendments made by this section [amending this section and
provisions set out as a note below] shall take effect on October 1,
2000.
``(2) In the case of the amendment made by subsection (c)(2)
[amending this section], the amendment shall apply with respect to pay
periods beginning on and after October 1, 2000, for a member of the
uniformed services covered by the provision of law so amended regardless
of the date on which the member was first reassigned to duty under the
conditions of a low-cost or no-cost permanent change of station or
permanent change of assignment.
``(3) In the case of the amendment made by subsection (d) [amending
this section], the amendment shall apply with respect to pay periods
beginning on and after October 1, 2000, for a member of the uniformed
services covered by the provision of law so amended regardless of the
date on which the member was first assigned to duty in an area that is
different from the area in which the member's dependents reside.''
Effective Date of 1998 Amendment
Pub. L. 105-261, div. A, title VI, Sec. 603(c), Oct. 17, 1998, 112
Stat. 2037, provided that: ``The reimbursement authority provided by
section 403(c)(3)(B) of title 37, United States Code, as added by
subsection (a), applies with respect to losses relating to housing that
are sustained, on or after July 1, 1997, by a member of the uniformed
services as a result of fluctuations in the relative value of the
currencies of the United States and the foreign country in which the
housing is located.''
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 of 1996 Amendments
Section 604(e) of Pub. L. 104-201 provided that: ``The amendments
made by this section [amending this section and section 403a of this
title] shall take effect on July 1, 1997.''
Section 603(b) of Pub. L. 104-106 provided that: ``The amendments
made by this section [amending this section] shall take effect on July
1, 1996.''
Section 604(b) of Pub. L. 104-106 provided that: ``The amendments
made by this section [amending this section] shall take effect on July
1, 1996.''
Effective Date of 1994 Amendment
Section 604(c) of Pub. L. 103-337 provided that: ``The amendments
made by this section [amending this section] shall take effect as of
October 1, 1993.''
Effective Date of 1991 Amendment
Section 604(c) of Pub. L. 102-190 provided that: ``The amendments
made by this section [amending this section and section 403a of this
title] shall take effect six months after the date of the enactment of
this Act [Dec. 5, 1991].''
Section 632(b) of Pub. L. 102-190 provided that: ``The amendments
made by subsection (a) [amending this section] shall take effect on the
date of the enactment of this Act [Dec. 5, 1991] and shall apply to
calls or orders of members of the reserve components of the Armed Forces
to active duty on or after that date.''
Effective Date of 1985 Amendments
Section 2 of Pub. L. 99-227 provided that: ``The amendments made by
section 1 of this Act [amending this section] shall take effect December
12, 1985, and shall apply only with respect to housing for and payment
of an allowance for quarters to dependents of members of the uniformed
services who died on or after that date.''
Section 604(c) of Pub. L. 99-145 provided that: ``The amendments
made by this section [amending this section and section 403a of this
title] shall take effect on October 1, 1985.''
Section 605(b) of Pub. L. 99-145 provided that:
``(1) The amendments made by paragraphs (1) and (2) of subsection
(a) [amending this section] shall take effect on October 1, 1985.
``(2) The amendment made by paragraph (3) of subsection (a)
[amending this section] shall take effect on January 1, 1986.''
Amendment by section 809(b) of Pub. L. 99-145 effective Oct. 1,
1985, see section 813 of Pub. L. 99-145, formerly set out in a Military
Family Policy and Programs note under section 113 of Title 10, Armed
Forces.
Effective Date of 1984 Amendment
Section 602(f) of Pub. L. 98-525, as amended by Pub. L. 99-145,
title VI, Sec. 603(b), Nov. 8, 1985, 99 Stat. 637; Pub. L. 99-661, div.
A, title XIII, Sec. 1342(b), Nov. 14, 1986, 100 Stat. 3991, provided
that:
``(1) Except as provided in paragraph (2), the amendments made by
this section [enacting section 403a of this title, amending this
section, section 405 of this title, section 7572 of Title 10, Armed
Forces, and provisions set out as a note under this section, and
enacting provisions set out as a note under this section] shall take
effect on January 1, 1985.
``(2)(A) A member shall be entitled to receive a station housing
allowance under section 405 of title 37, United States Code, as if the
amendments made by subsection (e) [amending section 405 of this title]
had not been enacted, if the member, on the date of the enactment of the
Department of Defense Authorization Act, 1986 [Nov. 8, 1985]--
``(i) is assigned to a permanent duty station in Alaska or
Hawaii; and
``(ii) is entitled to payment of a temporary lodging allowance
or a station housing allowance under section 405 of such title.
``(B) A member who is entitled to a station housing allowance by
reason of subparagraph (A) shall only be entitled to such allowance
until the earlier of--
``(i) the date on which the member changes residence in
conjunction with a permanent change of duty station; or
``(ii) the expiration of the four-year period beginning on the
date of the enactment of the Department of Defense Authorization
Act, 1986 [Nov. 8, 1985].
``(C) A member who is entitled to a station housing allowance by
reason of subparagraph (A) shall not be entitled to a variable housing
allowance, except that such a member serving an unaccompanied tour of
duty in Alaska or Hawaii may be paid a variable housing allowance based
on the residence of the member's dependents in another State.
``(3) For the period beginning on January 1, 1985, and ending on
September 30, 1985, the limitation applicable under subsection (d)(1) of
section 403a of title 37, United States Code (as added by subsection
(d)), on the total amount that may be paid during a fiscal year for the
variable housing allowance authorized members of the uniformed services
by that section shall be 15 percent of the median annual costs of
housing in the United States for members of the uniformed services as
measured during fiscal year 1984. In determining for the purposes of
clause (A) of such subsection the total amount authorized to be paid for
such allowance for fiscal year 1985, such amount shall be determined as
if the amendments made by this section took effect on October 1, 1984.''
[Amendment of this note by Pub. L. 99-661 effective Nov. 14, 1986,
see section 1342(h)(1) of Pub. L. 99-661, set out as an Effective Date
of 1986 Amendment note under section 301 of this title.]
Section 604(b) of Pub. L. 98-525 provided that: ``The amendment made
by subsection (a) [amending this section] shall apply only with respect
to members making an election under section 403(b) of title 37, United
States Code, after September 30, 1984.''
Effective Date of 1983 Amendment
Section 907(b) of Pub. L. 98-94 provided that: ``The amendments made
by subsection (a) [amending this section] shall apply only with respect
to members called or ordered to active duty after September 30, 1983.''
Effective Date of 1981 Amendment
Section 11(b)(2) of Pub. L. 97-22 provided that the amendment made
by that section is effective Oct. 1, 1980.
Effective Date of 1980 Amendments
Section 6(d) of Pub. L. 96-579 provided that: ``The amendments made
by this section [amending this section] shall only apply to payment of
basic allowance for quarters for months after September 1980.''
Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of
Title 10, Armed Forces.
Section 4(b) of Pub. L. 96-343 provided that: ``Paragraph (2) of
section 403(a) of title 37, United States Code, as added by subsection
(a), shall take effect on September 30, 1981.''
Effective Date of 1974 Amendment
Amendment by Pub. L. 93-419 effective Sept. 19, 1974, see section 9
of Pub. L. 93-419, set out as an Effective Date note under section 1009
of this title.
Effective Date of 1973 Amendment
Amendment by Pub. L. 93-64 effective July 1, 1973, see section 206
of Pub. L. 93-64, set out as a note under section 401 of this title.
Effective Date of 1971 Amendment
Amendment by Pub. L. 92-129 effective Oct. 1, 1971, see section 209
of Pub. L. 92-129, set out as an Effective Date note under section 302a
of this title.
Effective Date of 1967 Amendment
Amendment by Pub. L. 90-207 effective Oct. 1, 1967, see section 7 of
Pub. L. 90-207, set out as a note under section 203 of this title.
Effective Date of 1963 Amendment
Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section 14
of Pub. L. 88-132, set out as a note under section 201 of this title.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Functions of Public Health Service, Surgeon General of Public Health
Service, and all other officers and employees of Public Health Service,
and functions of all agencies of or in Public Health Service,
transferred to Secretary of Health, Education, and Welfare by Reorg.
Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set
out in the Appendix to Title 5, Government Organization and Employees.
Secretary of Health, Education, and Welfare redesignated Secretary of
Health and Human Services by section 3508(b) of Title 20, Education.
Minimum Rates of Basic Allowance; Annual Limitation
Pub. L. 106-246, div. B, title I, Sec. 101(a), (b), July 13, 2000,
114 Stat. 528, provided that:
``(a) Minimum Rates of Basic Allowance for Housing for Members of
the Uniformed Services.--During the period beginning on January 1, 2000,
and ending on September 30, 2001 (or such earlier date as the Secretary
of Defense considers appropriate), a member of the uniformed services
entitled to a basic allowance for housing for a military housing area in
the United States shall be paid the allowance at a monthly rate not less
than the rate in effect on December 31, 1999, in that area for members
serving in the same pay grade and with the same dependency status as the
member.
``(b) Annual Limitation on Allowance.--In light of the rates for the
basic allowance for housing authorized by subsection (a), the Secretary
of Defense may exceed the limitation on the total amount paid during
fiscal year 2000 and 2001 for the basic allowance for housing in the
United States otherwise applicable under section 403(b)(3) of title 37,
United States Code.''
Transition to Basic Allowance for Housing
Pub. L. 105-85, div. A, title VI, Sec. 603(b), Nov. 18, 1997, 111
Stat. 1781, as amended by Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 605(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A-148, provided that:
``The Secretary of Defense shall develop and implement a plan to
incrementally manage the rate of growth of the various components of the
basic allowance for housing authorized by section 403 of title 37,
United States Code (as amended by subsection (a)), during a transition
period of not more than eight years. During the transition period, the
Secretary may continue to use the authorities provided under sections
403, 403a, 405(b), and 427(a) of title 37, United States Code (as in
effect on the day before the date of the enactment of this Act [Nov. 18,
1997]), but subject to such modifications as the Secretary considers
necessary, to provide allowances for members of the uniformed
services.''
Exception to Limitation on Amount of Basic Allowance for Quarters for
Members Receiving Allowance Due to Payment of Child Support
Section 602(b) of Pub. L. 102-190 provided that subsec. (m) of this
section, as added by section 602(a) of Pub. L. 102-190, temporarily was
not to apply with respect to a member of a uniformed service assigned to
quarters of the United States or a housing facility under the
jurisdiction of a uniformed service who, on the day before Dec. 5, 1991,
was entitled to receive a basic allowance for quarters solely by reason
of the member's payment of child support.
Active Duty in Connection With Operation Desert Storm
Section 310A of Pub. L. 102-25 provided that, during the period
beginning on Aug. 2, 1990, and ending on the first day of the first
month beginning on or after the date 180 days after the end of the
Persian Gulf conflict, a member of a reserve component of the uniformed
services without dependents who was called or ordered to active duty in
connection with Operation Desert Storm was to be entitled to a basic
allowance for quarters under this section if, because of the call or
order, the member was unable to continue to occupy a residence
maintained as the primary residence of the member at the time of the
call or order, and owned by the member or for which the member was
responsible for rental payments.
Increase in Basic Allowance for Quarters Effective January 1, 1989
Pub. L. 100-456, div. A, title VI, Sec. 601(c), Sept. 29, 1988, 102
Stat. 1976, provided that the rates of basic allowance for quarters for
members of the uniformed services were increased by 7 percent effective
on Jan. 1, 1989, and authorized the President to allocate the increase
among pay grades and dependency categories, and the Secretary of Defense
to establish separate rates of basic allowance for quarters for
commissioned officers credited with over four years of active service as
enlisted members or warrant officers.
Minimum Rate of Quarters Allowance Set at Rate as of December 31, 1984
Pub. L. 99-190, Sec. 101(b) [title VIII, Sec. 8088], Dec. 19, 1985,
99 Stat. 1185, 1216, provided that effective Jan. 1, 1985, the rate of
the basic allowance for quarters authorized by subsec. (a) of this
section which was payable to a member of the uniformed services who was
entitled to that allowance on Dec. 31, 1984, was not to be less than the
rate of the basic allowance for quarters that was in effect for that
member on Dec. 31, 1984, with certain exceptions.
Basic Allowance for Quarters and Variable Housing Allowance
Section 602(a) of Pub. L. 98-525, as amended by Pub. L. 99-661, div.
A, title XIII, Sec. 1341(a), Nov. 14, 1986, 100 Stat. 3990, revised,
effective Jan. 1, 1985, the rates of the basic allowance for quarters
authorized by subsec. (a)(1) of this section and provided that, during
the period beginning on Jan. 1, 1985, and ending on the effective date
of a change made by law in the rates of basic allowance for quarters
that increased the rates for such allowance to a level not less than 7
percent greater than the rates in effect on Jan. 1, 1985, the rate of
the basic allowance for quarters authorized by subsec. (a)(1) of this
section which was payable to a member of the uniformed services who was
entitled to that allowance during such period and who was entitled to
that allowance on Dec. 31, 1984, was not to be less than the rate of the
basic allowance for quarters that was in effect for that member on Dec.
31, 1984, with certain exceptions.
Freeze of Variable Housing Allowance at Fiscal Year 1983 Rates
Section 906 of Pub. L. 98-94, as amended by Pub. L. 98-525, title
VI, Sec. 602(b)(2), Oct. 19, 1984, 98 Stat. 2534, provided that during
the period beginning on Oct. 1, 1983, and ending on Jan. 1, 1985, the
rates at which the variable housing allowance under subsec. (a)(2) of
this section was paid was to be the same as the rates in effect on Sept.
30, 1983.
Variable Housing Allowance During Fiscal Year 1981; Amount; Regulations
Section 4(c) of Pub. L. 96-343 provided that during fiscal year
1981, a member of a uniformed service entitled to basic allowance for
quarters under this section could be paid a variable housing allowance
whenever assigned to duty in an area of the United States (other than
Alaska and Hawaii) which was a high housing cost area with respect to
such member, and a member with dependents who was assigned to an
unaccompanied tour of duty outside the United States could be paid a
variable housing allowance while serving such tour of duty for any
period during which the member's dependents resided in an area of the
United States which would qualify the member to receive a variable
housing allowance if assigned to duty in that area.
Pay Continuation
Amendment of this section by Pub. L. 92-129 not to reduce the pay to
which any member of the uniformed services was entitled on June 30,
1971, see section 210 of Pub. L. 92-129, set out as a note under section
203 of this title.
1962 Increase in Quarters Allowance
Act Oct. 12, 1949, ch. 681, title III, Sec. 302(f), 63 Stat. 812, as
amended by Pub. L. 87-531, Sec. 1, July 10, 1962, 76 Stat. 152, which
had provided for increases in quarters allowances without amending
subsec. (a) of this section through the device of effecting an amendment
to section 302(f) of the Career Compensation Act of 1949, was repealed
by section 75(5) of Pub. L. 89-718 except with respect to rights and
duties that matured, penalties that were incurred, and proceedings that
were begun before November 2, 1966. The substance of these quarters
allowance increases were incorporated into the text of this section
through the amendment of subsec. (a) of this section by Pub. L. 89-718.
Enlisted Members Without Dependents
Act Oct. 12, 1949, ch. 681, title III, 302(g), 63 Stat. 812, which
provided that enlisted members without dependents shall be entitled to a
basic allowance for quarters at the rate of $51.30 per month, was
repealed by Pub. L. 87-531, Sec. 2, July 10, 1962, 76 Stat. 152. Laws
effective after Jan. 9, 1962, that are inconsistent with Pub. L. 87-649,
to be considered as superseding Pub. L. 87-649 to the extent of the
inconsistency, see section 12(a) of Pub. L. 87-649, set out as a note
preceding section 101 of this title.
Authority of Secretaries With Respect to Payment of Quarters Allowances
Pub. L. 87-531, Sec. 5, July 10, 1962, 76 Stat. 153, provided that:
``The Secretaries of the departments concerned shall have the same
authority with respect to payments of quarters allowances to enlisted
members of the uniformed services to pay grades E-4 (over 4 years'
service) through E-9 that they have with respect to enlisted members of
the uniformed services in pay grades E-1, E-2, E-3, and E-4 (4 years' or
less service) under sections 10 and 11 of the Dependents Assistance Act
of 1950 (50 App. U.S.C. 2210, 2211).''
Executive Order No. 10204
Ex. Ord. No. 10204, Jan. 16, 1951, 16 F.R. 417, as amended by Ex.
Ord. No. 11120, Oct. 2, 1963, 28 F.R. 10631; Ex. Ord. No. 11146, Mar.
13, 1964, 29 F.R. 3417, which related to regulations governing basic
allowances for quarters, was revoked by Ex. Ord. No. 11157, June 22,
1964, 29 F.R. 7973, set out as a note under section 301 of this title.
Section Referred to in Other Sections
This section is referred to in sections 402a, 404, 406, 420, 1003,
1009 of this title; title 10 sections 708, 2828, 2830, 2881a, 2882,
2883a, 7573; title 14 section 686; title 32 section 107; title 42
sections 1758, 1786; title 50 App. section 454.
