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37 U.S.C. § 403a — Housing treatment for certain members of the armed forces, and their spouses and other dependents, undergoing a permanent change of station within the United States
Federal law — U.S. Code and appendices · legal_authorities
**(a) Housing Treatment for Certain Members Who Have a Spouse or Other Dependents.—**
(1) **Housing treatment regulations.—** — The Secretary of Defense shall prescribe regulations that permit a member of the armed forces described in paragraph (2) who is undergoing a permanent change of station within the United States to request the housing treatment described in subsection (b) during the covered relocation period of the member.
(2) **Eligible members.—** — A member described in this paragraph is any member who—
(A) has a spouse who is gainfully employed or enrolled in a degree, certificate or license granting program at the beginning of the covered relocation period;
(B) has one or more dependents attending an elementary or secondary school at the beginning of the covered relocation period;
(C) has one or more dependents enrolled in the Exceptional Family Member Program; or
(D) is caring for an immediate family member with a chronic or long-term illness at the beginning of the covered relocation period.
**(b) Housing Treatment.—**
(1) **Continuation of housing for the spouse and other dependents.—** — If a spouse or other dependent of a member whose request under subsection (a) is approved resides in Government-owned or Government-leased housing at the beginning of the covered relocation period, the spouse or other dependent may continue to reside in such housing during a period determined in accordance with the regulations prescribed pursuant to this section.
(2) **Early housing eligibility.—** — If a spouse or other dependent of a member whose request under subsection (a) is approved is eligible to reside in Government-owned or Government-leased housing following the member’s permanent change of station within the United States, the spouse or other
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Source file: Laws/federal/codes/united-states-code/title-37/section-403a-housing-treatment-for-certain-members-of-the-armed-forces-and-their-spou--c4814931d3.md
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Source location: Title 37, Chapter 7, § 403a; chapter-007-allowances-other-than-travel-and-transportation-allowances.md
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**(a) Housing Treatment for Certain Members Who Have a Spouse or Other Dependents.—**
(1) **Housing treatment regulations.—** — The Secretary of Defense shall prescribe regulations that permit a member of the armed forces described in paragraph (2) who is undergoing a permanent change of station within the United States to request the housing treatment described in subsection (b) during the covered relocation period of the member.
(2) **Eligible members.—** — A member described in this paragraph is any member who—
(A) has a spouse who is gainfully employed or enrolled in a degree, certificate or license granting program at the beginning of the covered relocation period;
(B) has one or more dependents attending an elementary or secondary school at the beginning of the covered relocation period;
(C) has one or more dependents enrolled in the Exceptional Family Member Program; or
(D) is caring for an immediate family member with a chronic or long-term illness at the beginning of the covered relocation period.
**(b) Housing Treatment.—**
(1) **Continuation of housing for the spouse and other dependents.—** — If a spouse or other dependent of a member whose request under subsection (a) is approved resides in Government-owned or Government-leased housing at the beginning of the covered relocation period, the spouse or other dependent may continue to reside in such housing during a period determined in accordance with the regulations prescribed pursuant to this section.
(2) **Early housing eligibility.—** — If a spouse or other dependent of a member whose request under subsection (a) is approved is eligible to reside in Government-owned or Government-leased housing following the member’s permanent change of station within the United States, the spouse or other dependent may commence residing in such housing at any time during the covered relocation period.
(3) **Temporary use of government-owned or government-leased housing intended for members without a spouse or dependent.—** — If a spouse or other dependent of a member relocates at a time different from the member in accordance with a request approved under subsection (a), the member may be assigned to Government-owned or Government-leased housing intended for the permanent housing of members without a spouse or dependent until the member’s detachment date or the spouse or other dependent’s arrival date, but only if such Government-owned or Government-leased housing is available without displacing a member without a spouse or dependent at such housing.
(4) **Equitable basic allowance for housing.—** — If a spouse or other dependent of a member relocates at a time different from the member in accordance with a request approved under subsection (a), the amount of basic allowance for housing payable may be based on whichever of the following areas the Secretary concerned determines to be the most equitable:
(A) The area of the duty station to which the member is reassigned.
(B) The area in which the spouse or other dependent resides, but only if the spouse or other dependent resides in that area when the member departs for the duty station to which the member is reassigned, and only for the period during which the spouse or other dependent resides in that area.
(C) The area of the former duty station of the member, but only if that area is different from the area in which the spouse or other dependent resides.
**(c) Rule of Construction Related to Certain Basic Allowance for Housing Payments.—** Nothing in this section shall be construed to limit the payment or the amount of basic allowance for housing payable under [section 403(d)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section403/d/3/A&num=0&edition=prelim) to a member whose request under subsection (a) is approved.
**(d) Housing Treatment Education.—** The regulations prescribed pursuant to this section shall ensure the relocation assistance programs under [section 1056 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1056&num=0&edition=prelim) include, as part of the assistance normally provided under such section, education about the housing treatment available under this section.
**(e) Definitions.—** In this section:
(1) **Covered relocation period.—**
(A) Subject to subparagraph (B), the term “covered relocation period”, when used with respect to a permanent change of station of a member of the armed forces, means the period that—
(i) begins 180 days before the date of the permanent change of station; and
(ii) ends 180 days after the date of the permanent change of station.
(B) The regulations prescribed pursuant to this section may provide for a shortening or lengthening of the covered relocation period of a member for purposes of this section.
(2) **Dependent.—** — The term “dependent” has the meaning given that term in [section 401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section401&num=0&edition=prelim).
(3) **Permanent change of station.—** — The term “permanent change of station” means a permanent change of station described in [section 452(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section452/b/2&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Dependent Defined.—** In this chapter, the term “dependent”, with respect to a member of a uniformed service, means the following persons:
(1) The spouse of the member.
(2) An unmarried child of the member who—
(A) is under 21 years of age;
(B) is incapable of self-support because of mental or physical incapacity and is in fact dependent on the member for more than one-half of the child’s support; or
(C) is under 23 years of age, is enrolled in a full-time course of study in an institution of higher education approved by the Secretary concerned for purposes of this subparagraph, and is in fact dependent on the member for more than one-half of the child’s support.
(3) A parent of the member if—
(A) the parent is in fact dependent on the member for more than one-half of the parent’s support;
(B) the parent has been so dependent for a period prescribed by the Secretary concerned or became so dependent due to a change of circumstances arising after the member entered on active duty; and
(C) the dependency of the parent on the member is determined on the basis of an affidavit submitted by the parent and any other evidence required under regulations prescribed by the Secretary concerned.
(4) An unmarried person who—
(A) is placed in the legal custody of the member as a result of an order of a court of competent jurisdiction in the United States (or Puerto Rico or a possession of the United States) for a period of at least 12 consecutive months;
(B) either—
(i) has not attained the age of 21;
(ii) has not attained the age of 23 years and is enrolled in a full time course of study at an institution of higher learning approved by the Secretary concerned; or
(iii) is incapable of self support because of a mental or physical incapac
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement to Provide Assistance.—** The Secretary of Defense shall carry out a program to provide relocation assistance to members of the armed forces and their families as provided in this section. In addition, the Secretary of Defense shall make every effort, consistent with readiness objectives, to stabilize and lengthen tours of duty to minimize the adverse effects of relocation.
**(b) Types of Assistance.—**
(1) The Secretary of each military department, under regulations prescribed by the Secretary of Defense, shall provide relocation assistance, through military relocation assistance programs described in subsection (c), to members of the armed forces who are ordered to make a change of permanent station which includes a move to a new location (and for dependents of such members who are authorized to move in connection with the change of permanent station).
(2) The relocation assistance provided shall include the following:
(A) Provision of destination area information and preparation (to be provided before the change of permanent station takes effect), with emphasis on information with regard to moving costs, housing costs and availability, child care, spouse employment opportunities, cultural adaptation, community orientation, education systems, school enrollment procedures, and State-specific provisions under the Interstate Compact on Educational Opportunity for Military Children.
(B) Provision of counseling about financial management, home buying and selling, renting, stress management aimed at intervention and prevention of abuse, property management, and shipment and storage of household goods (including motor vehicles and pets).
(C) Provision of settling-in services, with emphasis on available government living quarters, private housing
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1056
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** If public quarters are not available, the Secretary of the Navy may provide lodging accommodations for any—
(1) member of the naval service;
(2) member of the Coast Guard when it is operating as a service in the Navy; or
(3) member of the National Oceanic and Atmospheric Administration serving with the Navy;
on sea duty or assigned to duty in connection with commissioning or fitting out of a ship who is deprived of his quarters on board ship because of repairs, because the ship is under construction and is not yet habitable, or because of other conditions that make his quarters uninhabitable. Lodging accommodations so provided may not be occupied by the member’s dependents.
**(b)** Repealed. Pub. L. 105–261, div. A, title X, § 1069(a)(7), Oct. 17, 1998, 112 Stat. 2136.]
**(c)** The Secretary, to the extent he considers proper, may delegate the authority conferred by subsection (a) to any person in the Department of the Navy, with or without the authority to make successive redelegations.
**(d)**
(1) A member of the naval service on sea duty who is deprived of quarters on board ship because of repairs or because of other conditions that make the member’s quarters uninhabitable may be reimbursed for expenses incurred in obtaining housing if it is impracticable to furnish the member with accommodations under subsection (a).
(2) The total amount that a member may be reimbursed under this subsection may not exceed an amount equal to the basic allowance for housing of a member of that member’s grade.
(3) This subsection shall not apply to a member who is entitled to basic allowance for housing.
(4) The Secretary may prescribe regulations to carry out this subsection.
**(e)**
(1) The Secretary may reimburse a member of the naval service assigned to duty in
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8772
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 403
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “agency” means an Executive agency and a military department;
(2) “employee” means an employee in or under an agency who is a citizen or national of the United States or an alien admitted to the United States for permanent residence, but does not include a part-time or intermittent employee or native labor casually hired on an hourly or daily basis. However, such an employee who enters a status listed in paragraph (5)(A)–(E) of this section—
(A) inside the continental United States; or
(B) who is a resident at or in the vicinity of his place of employment in a territory or possession of the United States or in a foreign country and who was not living there solely as a result of his employment;
is an employee for the purpose of this subchapter only on a determination by the head of the agency concerned that this status is the proximate result of employment by the agency;
(3) “dependent” means—
(A) a wife;
(B) an unmarried child (including an unmarried dependent stepchild or adopted child) under 21 years of age;
(C) a dependent mother or father;
(D) a dependent designated in official records; and
(E) an individual determined to be dependent by the head of the agency concerned or his designee;
(4) “active service” means active Federal service by an employee;
(5) “missing status” means the status of an employee who is in active service and is officially carried or determined to be absent in a status of—
(A) missing;
(B) missing in action;
(C) interned in a foreign country;
(D) captured, beleaguered, or besieged by a hostile force; or
(E) detained in a foreign country against his will;
but does not include the status of an employee for a period during which he is officially determined to be
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5561
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Federal law — U.S. Code and appendices · legal_authorities
Page 176
TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED
SERVICES
§ 403a
ents shall be entitled to a basic allowance for quarters
at the rate of $51.30 per month, was repealed by Pub. L.
87–531, § 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 ex-
tent 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, § 5, July 10, 1962, 76 Stat. 153, provided
that: ‘‘The Secretaries of the departments concerned
shall have the same authority with respect to pay-
ments 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 en-
listed 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 ([former] 50 App. U.S.C. 2210, 2211).’’
Executive Documents
TRANSFER OF FUNCTIONS
Functions of Public Health Service, Surgeon General
of Public Health Service, and all other officers and em-
ployees 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 Or-
ganization and Employees. Secretary of Health, Edu-
cation, and Welfare redesignated Secretary of Health
and Human Services by section 3508(b) of Title 20, Edu-
cation.
EXECUTIVE ORDER NO. 10204
Ex. Ord. No. 10204, Jan. 16, 1951, 16 F.R. 417, as
Source: Supplied 2024 U.S. Code historical extraction · 37 U.S.C. § 403a
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