37 U.S.C. § 403a — Housing treatment for certain members of

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UNIFORMED SERVICES § 403a ents shall be entitled to a basic allowance for quarters at the rate of $51.30 per month, was repealed by Pub.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 amend- ed 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 No. 11146, Mar. 13, 1964, 29 F.R. 3417, which related to regulations governing basic allowances for quarters, was revoked by Ex.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, formerly set out as a note under section 301 of this title. § 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 (a) HOUSING TREATMENT FOR CERTAIN MEMBERS WHO HAVE A SPOUSE OR OTHER DEPENDENTS.— (1) HOUSING TREATMENT REGULATIONS.—The Secretary of Defense shall prescribe regula- tions that permit a member of the armed forces described in paragraph (2) who is under- going 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 be- ginning 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 Govern- ment-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 deter- mined in accordance with the regulations pre- scribed 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 perma- nent 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 relo- cates at a time different from the member in accordance with a request approved under sub- section (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 HOUS- ING.—If a spouse or other dependent of a mem- ber relocates at a time different from the member in accordance with a request approved under subsection (a), the amount of basic al- lowance for housing payable may be based on whichever of the following areas the Secretary concerned determines to be the most equi- table: (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 dif- ferent from the area in which the spouse or other dependent resides. (c) RULE OF CONSTRUCTION RELATED TO CER- TAIN BASIC ALLOWANCE FOR HOUSING PAY- MENTS.—Nothing in this section shall be con- strued to limit the payment or the amount of basic allowance for housing payable under sec- tion 403(d)(3)(A) of this title to a member whose request under subsection (a) is approved. (d) HOUSING TREATMENT EDUCATION.—The reg- ulations prescribed pursuant to this section Page 177 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 403b shall ensure the relocation assistance programs under section 1056 of title 10 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 reloca- tion period’’, when used with respect to a per- manent 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 per- manent 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. (3) PERMANENT CHANGE OF STATION.—The term ‘‘permanent change of station’’ means a permanent change of station described in sec- tion 452(b)(2) of this title. (Added Pub. L. 115–91, div. A, title VI, § 604(a)(1), Dec. 12, 2017, 131 Stat. 1419.) Editorial Notes PRIOR PROVISIONS A prior section 403a, added Pub. L. 98–525, title VI, § 602(d)(1), Oct. 19, 1984, 98 Stat. 2534; amended Pub. L. 99–145, title VI, §§ 602(a)–(d), 604(b), Nov. 8, 1985, 99 Stat. 636–638; Pub. L. 100–26, § 8(e)(8), Apr. 21, 1987, 101 Stat. 286; Pub. L. 101–189, div. A, title VI, § 602(a), Nov. 29, 1989, 103 Stat. 1445; Pub. L. 101–510, div. A, title VI, § 602, Nov. 5, 1990, 104 Stat. 1575; Pub. L. 102–25, title VII, § 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–190, div. A, title VI, §§ 603, 604(b), 633, Dec. 5, 1991, 105 Stat. 1373, 1374, 1381; Pub. L. 103–160, div. A, title VI, § 604, Nov. 30, 1993, 107 Stat. 1679; Pub. L. 104–106, div. A, title VI, § 605(a)(1), (b), Feb. 10, 1996, 110 Stat. 358; Pub. L. 104–201, div. A, title VI, §§ 604(d), 606(a)–(d), Sept. 23, 1996, 110 Stat. 2541, 2542, related to variable housing al- lowances, prior to repeal by Pub. L. 105–85, div. A, title VI, § 603(c)(1), Nov. 18, 1997, 111 Stat. 1781. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 115–91, div. A, title VI, § 604(b), Dec. 12, 2017, 131 Stat. 1420, provided that: ‘‘The amendments made by this section [enacting this section] shall take effect on October 1, 2018.’’ § 403b. Cost-of-living allowance in the conti- nental United States (a) PAYMENT AUTHORIZED.—The Secretary con- cerned may pay a cost-of-living allowance to the eligible members of a uniformed service under the jurisdiction of the Secretary. (b) ELIGIBLE MEMBERS.—The following mem- bers are eligible to receive a cost-of-living al- lowance under this section: (1) A member assigned to a high cost area in the continental United States. (2) A member assigned to an unaccompanied tour of duty outside the continental United States if the primary dependent of the mem- ber resides in a high cost area in the conti- nental United States. (3) A member assigned to duty in the conti- nental United States if the Secretary of the uniformed service concerned determines that— (A) the primary dependent of the member must reside in a high cost area in the conti- nental United States by reason of the mem- ber’s duty location or other circumstances; and (B) it would be inequitable for the mem- ber’s eligibility for the allowance to be de- termined on the basis of the duty location of the member. (c) HIGH COST AREA DEFINED.—An area is a high cost area for a fiscal year for purposes of this section if the uniformed services cost of liv- ing for that area for the base period exceeds the average cost of living in the continental United States for such base period by at least the threshold percentage. The Secretary of Defense, in consultation with the other administering Secretaries, shall establish the threshold per- centage, except that the threshold percentage may not be less than 5 percent. The admin- istering Secretaries may prescribe a higher threshold percentage to be applied for a fiscal year when it is necessary to do so in order to en- sure that the total amount of the payments of the cost-of-living allowance made to members of the uniformed services under this section for such fiscal year does not exceed the total amount available to all uniformed services for that fiscal year for paying such allowance. (d) AMOUNT OF ALLOWANCE.—The cost-of-living allowance that may be paid to a member for a high cost area for a fiscal year shall be the amount that is equal to the product of— (1) the amount of the average spendable in- come determined applicable for the regular military compensation level of such member under subsection (g); and (2) the percentage equal to the excess of— (A) the percentage by which the uniformed services cost of living for the member’s high cost area for the base period exceeds the av- erage cost of living in the continental United States for such base period, over (B) the threshold percentage applicable to such fiscal year under subsection (c). (e) LIMITATION TO ONE ALLOWANCE.—If primary dependents of a member reside separately in dif- ferent high cost areas— (1) the member may be paid only one cost-of- living allowance under this section; and (2) the cost-of-living allowance payable to the member shall be the highest of the amounts computed under this section for such high cost areas. (f) SERVICE NOT COVERED.—(1) A cost-of-living allowance may not be paid a member under this section for the days authorized for travel of the member in connection with a permanent change of duty station. (2) A member of a reserve component is not el- igible for a cost-of-living allowance under this section unless the member is on active duty under a call or order to active duty that—