US Code

Public Law 119-88 (05/04/2026)

37 U.S.C. § 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 , 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)
(A)
The monthly amount of the basic allowance for housing for an area of the United States for a member of a uniformed service shall be the amount equal to the difference between—
(i)
the amount of 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
(ii)
the amount equal to a specified percentage (determined under subparagraph (B)) 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.
(B)
The percentage to be used for purposes of subparagraph (A)(ii) shall be determined by the Secretary of Defense and may not exceed the following:
(i)
One percent for months occurring during 2015.
(ii)
Two percent for months occurring during 2016.
(iii)
Three percent for months occurring during 2017.
(iv)
Four percent for months occurring during 2018.
(v)
Five percent for months occurring after 2018.
(4)
section 1009 of this title 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 or other provision of law.
(5)
On and after , 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.
(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.
(7)
(A)
Under the authority of this paragraph, the Secretary of Defense may prescribe a temporary increase in the rates of basic allowance for housing otherwise prescribed for a military housing area or a portion of a military housing area if the military housing area or portion thereof—
(i)
42 U.S.C. 5170 is located in an area covered by a declaration by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act () that a major disaster exists; or
(ii)
contains one or more military installations that are experiencing a sudden increase in the number of members of the armed forces assigned to the installation.
(B)
The Secretary of Defense shall base the amount of the increase to be made in the rates of basic allowance for housing for an area on a determination by the Secretary of the amount by which the costs of adequate housing for civilians have increased in the area by reason of the disaster or the influx of military personnel, except that the increase may not exceed the amount equal to 20 percent of the rate of basic allowance for housing otherwise prescribed for the area.
(C)
A member may be paid a basic allowance for housing at a rate increased under this paragraph only if the member certifies to the Secretary concerned that the member has incurred increased housing costs in the area by reason of the disaster or the influx of military personnel.
(D)
Subject to subparagraph (E), an increase in the rates of basic allowance for housing in an area under this paragraph shall remain in effect until the effective date of the first adjustment in rates of basic allowance for housing made for the area pursuant to a redetermination of housing costs in the area under this subsection that occurs after the date of the increase under this paragraph.
(E)
An increase in the rates of basic allowance for housing for an area may not be prescribed under this paragraph or continue after .
(8)
(A)
The Secretary of Defense may prescribe a temporary adjustment in the current rates of basic allowance for housing for a military housing area or a portion thereof (in this paragraph, “BAH rates”) if the Secretary determines that the actual costs of adequate housing for civilians in that military housing area or portion thereof differs from the current BAH rates by more than 20 percent.
(B)
Any temporary adjustment in BAH rates under this paragraph shall remain in effect only until the effective date of the first adjustment of BAH rates for the affected military housing area that occurs after the date of the adjustment under this paragraph.
(C)
This paragraph shall cease to be effective on .
(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 Do Not Accompany Member .—

(1)
A member of a uniformed service with dependents who is on permanent duty at a location described in paragraph (2) may be paid 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)
section 452 of this title to which the movement of the member’s dependents is not authorized at the expense of the United States under , 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.
(C)
If the member is reassigned for a permanent change of station or permanent change of assignment from a duty station in the United States to another duty station in the United States for a period of not more than one year for the purpose of participating in professional military education or training classes, the amount of the basic allowance for housing for the member may be based on whichever of the following areas the Secretary concerned determines will provide the more equitable basis for the allowance:
(i)
The area of the duty station to which the member is reassigned.
(ii)
The area in which the dependents reside, but only if the dependents reside 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 dependents reside in that area.
(iii)
The area of the former duty station of the member, if different than the area in which the dependents reside.
(4)
A family separation basic allowance for housing paid to a member under this subsection is in addition to any other allowance or per diem that the member receives 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 a pay grade below E–6 and is assigned to sea duty. In prescribing regulations under this subparagraph, the Secretary concerned shall consider the availability of quarters.
(C)
section 421 of this title Notwithstanding , a member of a uniformed service in a pay grade below pay grade E–6 who is assigned to sea duty and is married to another member of a uniformed service is entitled to a basic allowance for housing subject to the limitations of subsection (e).
(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)
section 688(a) of title 10 A member of a reserve component without dependents who is called or ordered to active duty to attend accession training, in support of a contingency operation, or for a period of more than 30 days, or a retired member without dependents who is ordered to active duty under in support of a contingency operation or for a period of more than 30 days, 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)
section 452 of this title The Secretary concerned may provide a basic allowance for housing to a member described in paragraph (1) 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 the location at which the member is serving, for members in the same grade at that location without dependents. The member may receive both a basic allowance for housing under paragraph (1) and under this paragraph for the same month, but may not receive the portion of the allowance authorized under , if any, for lodging expenses if a basic allowance for housing is provided under this paragraph.
(3)
section 453(c) of this title Except in the case of a member of a reserve component without dependents who is called or ordered to active duty to attend training for at least 140 days but fewer than 365 days, paragraphs (1) and (2) shall not apply if the member is authorized transportation of household goods under as part of the call or order to active duty described in such paragraph.
(4)
The rate of basic allowance for housing to be paid to the following members of a reserve component shall be equal to the rate in effect for similarly situated members of a regular component of the uniformed services:
(A)
A member who is called or ordered to active duty for a period of more than 30 days.
(B)
A member who is called or ordered to active duty for a period of 30 days or less in support of a contingency operation.
(5)
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 30 days or less, unless the call or order to active duty is in support of a contingency operation.
(6)
(A)
section 101(d)(6) of title 10 This paragraph applies with respect to a member of a reserve component who performs active Guard and Reserve duty (as defined in ).
(B)
The rate of basic allowance for housing to be paid to a member described in subparagraph (A) shall be based on the member’s permanent duty station, even during instances in which the member is mobilized for service on active duty other than active Guard and Reserve duty.
(C)
(i)
During transitions in service status from active Guard and Reserve duty to other active duty and back to active Guard and Reserve duty, or following the start of new periods of service resulting from a change in orders, a member described in subparagraph (A) shall be considered as retaining uninterrupted eligibility to receive a basic allowance for housing in an area as provided for under subsections (b)(6) and (c)(2) so long as the member remains on active duty without a break in service.
(ii)
Clause (i) does not apply if the member’s permanent duty station changes as a result of orders directing a permanent change in station with the authority for the movement of household goods.
(iii)
For purposes of clause (i), a break in active service occurs when one or more calendar days between active service periods do not qualify as active service.
(D)
o Subsections (d)(3) and () also apply to a member described in subparagraph (A).
(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 365 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 365 days after the date of the member’s death.
(3)
An allowance may be paid under paragraph (2) to the spouse of the deceased member even though the spouse is also a member of the uniformed services. The allowance paid under such paragraph is in addition to any other pay and allowances to which the spouse is entitled as a member.
(4)
The payment of the allowance under paragraph (2) shall terminate 365 days after the date of the member’s death.
(m)

Temporary Continuation of Rate of Basic Allowance for Members of the Armed Forces Whose Sole Dependent Dies While Residing With the Member .—

(1)
Notwithstanding subsection (a)(2) or any other section of law, the Secretary of Defense or the Secretary of the Department in which the Coast Guard is operating, may, after the death of the sole dependent of a member of the armed forces, continue to pay a basic allowance for housing to such member at the rate paid to such member on the date of such death if—
(A)
such sole dependent dies—
(i)
while the member is on active duty; and
(ii)
while residing with the member, unless separated by the necessity of military service or to receive institutional care as a result of disability or incapacitation or under such other circumstances as the Secretary concerned may by regulation prescribe; and
(B)
the member is not occupying a housing facility under the jurisdiction of the Secretary concerned on the date of the death of the sole dependent.
(2)
The continuation of the rate of an allowance under this subsection shall terminate upon the earlier of the following to occur:
(A)
The day that is one year after the date of the death of the sole dependent.
(B)
section 453(c) of this title The permanent change of station, or permanent change of assignment with movement of personal property and household goods under , of the member.
(n)

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 , 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 , 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.
(o)

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)
section 1009(c)(2) of this title 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 , under (as such section was in effect on such date).
(p)

Treatment of Certain Moves as Not Being Reassignments .—

(1)
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.
(2)
(A)
In the case of a member without dependents who is assigned to a unit that undergoes a change of home port or a change of permanent duty station, 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 new home port or permanent duty station, the Secretary concerned may—
(i)
waive the requirement to base the member’s entitlement to, and amount of, a basic allowance for housing on the new home port or permanent duty station member; and
(ii)
treat that member for the purposes of this section as if the unit to which the member is assigned did not undergo such a change.
(B)
The Secretary concerned may grant a waiver under subparagraph (A) to not more than 100 members in a calendar year.
(C)
Not later than March 1 of each calendar year, the Secretary concerned shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on the use of the authority provided by subparagraph (A) during the preceding calendar year that includes—
(i)
the number of members granted a waiver under subparagraph (A) during that year; and
(ii)
for each such waiver, an identification of—
(I)
the grade of the member;
(II)
the home port or permanent duty station of the unit to which the member is assigned before the change described in subparagraph (A); and
(III)
the new home port or permanent duty station of that unit.
(D)
This paragraph shall cease to be effective on .
(q)

Information on Rights and Protections Under Servicemembers Civil Relief Act .—

50 U.S.C. 3901The Secretary concerned shall provide to each member of a uniformed service who receives a basic allowance for housing under this section information on the rights and protections available to such member under the Servicemembers Civil Relief Act ( et seq.)—
(1)
when such member first receives such basic allowance for housing; and
(2)
each time such member receives a permanent change of station.

Pub. L. 87–64976 Stat. 470 Pub. L. 88–132, § 1077 Stat. 216 Pub. L. 89–71880 Stat. 1121 Pub. L. 90–207, § 1(3)81 Stat. 651 Pub. L. 92–129, title II, § 20485 Stat. 358 Pub. L. 93–64, title I, § 10587 Stat. 148 Pub. L. 93–419, § 3(6)88 Stat. 1152 Pub. L. 96–343, § 4(a)(1)94 Stat. 1125 Pub. L. 96–513, title V, § 516(10)94 Stat. 2938 Pub. L. 96–57994 Stat. 3367 Pub. L. 97–22, § 11(b)(2)95 Stat. 138 Pub. L. 98–94, title IX, § 907(a)97 Stat. 637 Pub. L. 98–525, title VI98 Stat. 2534 Pub. L. 99–145, title VI99 Stat. 638 Pub. L. 99–227, § 199 Stat. 1745 Pub. L. 100–26, § 8(d)(5)101 Stat. 285 Pub. L. 102–25, title VII, § 702(b)(1)105 Stat. 117 Pub. L. 102–190, div. A, title VI105 Stat. 1373 Pub. L. 103–337, div. A, title VI, § 604(a)108 Stat. 2782 Pub. L. 104–106, div. A, title VI110 Stat. 357 Pub. L. 104–201, div. A, title VI110 Stat. 2540 Pub. L. 105–85, div. A, title VI, § 603(a)111 Stat. 1775 Pub. L. 105–261, div. A, title VI, § 603(a)112 Stat. 2037 Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654 Pub. L. 107–107, div. A, title VI, § 605(a)115 Stat. 1134 Pub. L. 107–296, title XVII, § 1704(c)116 Stat. 2314 Pub. L. 107–314, div. A, title VI, § 602116 Stat. 2566 Pub. L. 108–136, div. A, title VI, § 605(a)117 Stat. 1500 Pub. L. 108–375, div. A, title VI118 Stat. 1944 Pub. L. 109–13, div. A, title I, § 1022(a)119 Stat. 251 Pub. L. 109–163, div. A, title VI119 Stat. 3289 Pub. L. 109–364, div. A, title VI120 Stat. 2245 Pub. L. 110–181, div. A, title VI122 Stat. 145 Pub. L. 112–81, div. A, title VI125 Stat. 1447 Pub. L. 112–239, div. A, title VI126 Stat. 1773 Pub. L. 113–66, div. A, title VI, § 601127 Stat. 779 Pub. L. 113–291, div. A, title VI128 Stat. 3397 Pub. L. 114–92, div. A, title VI129 Stat. 837 Pub. L. 114–328, div. A, title VI, § 603130 Stat. 2156 Pub. L. 115–91, div. A, title VI, § 605131 Stat. 1421 Pub. L. 115–232, div. A, title VI, § 611(e)132 Stat. 1797 Pub. L. 116–92, div. A, title VI133 Stat. 1424 Pub. L. 116–283, div. A, title VI134 Stat. 3671 Pub. L. 117–81, div. A, title VI, § 611(e)135 Stat. 1769 Pub. L. 117–263, div. A, title VI136 Stat. 2620 Pub. L. 118–31, div. A, title VI137 Stat. 292–294 Pub. L. 118–159, div. A, title VI138 Stat. 1932 Pub. L. 119–60, div. A, title VI, § 611(e)139 Stat. 906 (, , ; , , ; , §§ 49(a)(1), 54, , , 1122; , , ; , , ; , , ; , , ; , (2), , ; , , ; , §§ 6(a)–(c), 7, , , 3368; , , ; , , ; , §§ 602(c), 604(a), , , 2537; , §§ 604(a), 605(a), title VIII, § 809(b), title XIII, § 1303(b)(6), , , 681, 740; , , ; , , ; , (c), , ; , §§ 602(a), 604(a), 632(a), , , 1374, 1380; , (b), , ; , §§ 603(a), 604(a), , , 358; , §§ 604(a)–(c), 605, , , 2541; , , ; , , ; , title VI, §§ 605(a)–(d), 607, 608, title X, § 1087(b)(2)], , , 1654A–147 to 1654A–149, 1654A–292; , , ; , , ; , , ; , , ; , §§ 603, 604, , ; , , ; , §§ 609(a), 610, 611, , , 3290; , §§ 604(a), 605(a), , , 2246; , §§ 602(a), 603(b), , ; , §§ 601, 631(f)(4)(A), , , 1465; , §§ 602, 603(a), 604(a), title X, § 1076(a)(9), , , 1774, 1948; , , ; , §§ 602, 604(a), , , 3398; , §§ 603, 604, , ; , , ; , , ; , , ; , §§ 605, 611(e), , , 1426; , §§ 603, 611(e), , , 3673; , , ; , §§ 601(e), 612, 613(a), 614, 626(h)(1), , , 2623, 2629; , §§ 613(e), 622–624, , ; , §§ 611(e), 622, , , 1933; , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

403(a)

 

403(b)

403(c)

403(d)

37:252(a).

37:252(f).

37:252(b).

37:252(c).

37:252(d).

Oct. 12, 1949, ch. 681, § 302(a)–(f), 63 Stat. 812; May 19, 1952, ch. 310, § 1(b), (c), 66 Stat. 79; May 20, 1958, Pub. L. 85–422, § 1(9), 72 Stat. 127.

403(e)

37:111a.

July 2, 1945, ch. 227, 59 Stat. 316.

403(f)

403(g)

37:320.

37:252(e).

June 29, 1950, ch. 405, § 102, 64 Stat. 288.

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 ,” 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”.

Editorial Notes

References in Text

act Oct. 17, 1940, ch. 888 54 Stat. 1178 section 3901 of Title 50The Servicemembers Civil Relief Act, referred to in subsec. (q), is , , which is classified generally to chapter 50 (§ 3901 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see and Tables.

Amendments

Pub. L. 119–602025–Subsec. (b)(7)(E), (8)(C). substituted “” for “”.

Pub. L. 118–159, § 611(e)(1)2024—Subsec. (b)(7)(E). , substituted “” for “”.

Pub. L. 118–159, § 611(e)(2)Subsec. (b)(8)(C). , which directed substitution of “” for “”, was executed by making the substitution for “”, to reflect the probable intent of Congress.

Pub. L. 118–159, § 622(1)Subsec. (f)(2)(A). , substituted “subparagraphs (B) and (C),” for “subparagraphs (B), (C), and (D),”.

Pub. L. 118–159, § 622(2)Subsec. (f)(2)(B). , substituted “a pay grade below E–6” for “pay grade E–4 or E–5” and struck out “for members serving in pay grades E–4 and E–5” after “availability of quarters”.

Pub. L. 118–159, § 622(3)Subsec. (f)(2)(D). , struck out subpar. (D) which read as follows:

“(i) 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 a pay grade below E–6 and has orders to a naval vessel during a shipyard availability or maintenance period.

“(ii) In prescribing regulations under clause (i), the Secretary concerned shall consider the availability of quarters for members serving in pay grades below E–6 before authorizing the payment of a basic allowance for housing for such members.”

Pub. L. 118–31, § 6222023—Subsec. (b)(5). , substituted period at end for “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).”

Pub. L. 118–31, § 613(e)(1)Subsec. (b)(7)(E). , substituted “” for “”.

Pub. L. 118–31, § 613(e)(2)Subsec. (b)(8)(C). , added subpar. (C) and struck out former subpar. (C) which read as follows: “This paragraph shall cease to be effective on .”

Pub. L. 118–31, § 623(1)Subsec. (f)(2)(A). , substituted “subparagraphs (B), (C), and (D)” for “subparagraphs (B) and (C)”.

Pub. L. 118–31, § 623(2)Subsec. (f)(2)(D). , added subpar. (D).

Pub. L. 118–31, § 624Subsec. (g)(3). , substituted “Except in the case of a member of a reserve component without dependents who is called or ordered to active duty to attend training for at least 140 days but fewer than 365 days, paragraphs” for “Paragraphs”.

Pub. L. 117–263, § 601(e)(1)2022—Subsec. (b)(7)(E). , substituted “” for “”.

Pub. L. 117–263, § 612Pub. L. 117–263, § 601(e)(2)Subsec. (b)(8)(C). , which directed substitution of “2024” for “2022” could not be executed because of the intervening amendment by , See below.

Pub. L. 117–263, § 601(e)(2), substituted “” for “”.

Pub. L. 117–263, § 626(h)(1)(A)Subsec. (d)(2)(A). , substituted ‘section 452” for “section 476”.

Pub. L. 117–263, § 626(h)(1)(B)(i)Subsec. (g)(2). , substituted “section 452” for “section 474”.

Pub. L. 117–263, § 626(h)(1)(B)(ii)Subsec. (g)(3). , substituted “section 453(c)” for “section 476”.

oPub. L. 117–263, § 613(a)ooSubsecs. (m) to (). , added subsec. (m) and redesignated former subsecs. (m) and (n) as (n) and (). Former subsec. () redesignated (p).

Pub. L. 117–263oSubsec. (p). , §§ 613(a), 614, redesignated subsec. () as (p), substituted “Certain” for “Low-Cost and No-Cost” in heading, designated existing provisions as par. (1), and added par. (2). Former subsec. (p) redesignated (q).

Pub. L. 117–263, § 613(a)Subsec. (q). , redesignated subsec. (p) as (q).

Pub. L. 117–812021—Subsec. (b)(7)(E). substituted “” for “”.

Pub. L. 116–283, § 611(e), substituted “” for “”.

Pub. L. 116–283, § 603Subsec. (p). , added subsec. (p).

Pub. L. 116–92, § 611(e)2019—Subsec. (b)(7)(E). , substituted “” for “”.

Pub. L. 116–92, § 605Subsec. (b)(8). , added par. (8).

Pub. L. 115–2322018—Subsec. (b)(7)(E). substituted “” for “”.

Pub. L. 115–912017—Subsec. (b)(7)(E). substituted “” for “”.

Pub. L. 114–3282016—Subsec. (b)(7)(E). substituted “” for “”.

Pub. L. 114–92, § 6032015—Subsec. (b)(3)(B). , substituted “may not exceed the following:” for “may not exceed one percent.” and added cls. (i) to (v).

Pub. L. 114–92, § 604Subsec. (b)(7)(E). , substituted “” for “”.

Pub. L. 113–291, § 604(a)2014—Subsec. (b)(3). , amended par. (3) generally. Prior to amendment, par. (3) related to the total amount that could be paid for a fiscal year for the basic allowance for housing.

Pub. L. 113–291, § 602Subsec. (b)(7)(E). , substituted “” for “”.

Pub. L. 113–662013—Subsec. (b)(7)(E). substituted “” for “”.

Pub. L. 112–239, § 602, substituted “” for “”.

Pub. L. 112–239, § 1076(a)(9)Pub. L. 112–81, § 631(f)(4)(A)Subsec. (d)(2)(A). , made technical amendment to directory language of . See 2011 Amendment note below.

Pub. L. 112–239, § 603(a)section 421 of this titleSubsec. (f)(2)(C). , amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “Notwithstanding , 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 each entitled to a basic allowance for housing during the period of such simultaneous sea duty. The amount of the allowance payable to a member under the preceding sentence shall be based on the without dependents rate for the pay grade of the member.”

Pub. L. 112–239, § 1076(a)(9)Pub. L. 112–81, § 631(f)(4)(A)Subsec. (g)(2), (3). , made technical amendment to directory language of . See 2011 Amendment notes below.

Pub. L. 112–239, § 604(a)Subsec. (g)(6). , added par. (6).

Pub. L. 112–81, § 6012011—Subsec. (b)(7)(E). , substituted “” for “”.

Pub. L. 112–81, § 631(f)(4)(A)Pub. L. 112–239, § 1076(a)(9)Subsec. (d)(2)(A). , as amended by , substituted “476” for “406”.

Pub. L. 112–81, § 631(f)(4)(A)Pub. L. 112–239, § 1076(a)(9)Subsec. (g)(2). , as amended by , substituted “474” for “404”.

Pub. L. 112–81, § 631(f)(4)(A)Pub. L. 112–239, § 1076(a)(9)Subsec. (g)(3). , as amended by , substituted “476” for “406”.

Pub. L. 110–181, § 603(b)2008—Subsec. (b)(7)(E). , substituted “” for “”.

Pub. L. 110–181, § 602(a)Subsec. (g)(1). , inserted “to attend accession training,” after “called or ordered to active duty” and inserted a comma after “contingency operation” the first time appearing.

Pub. L. 109–163, § 609(a)2006—Subsec. (b)(7). , added par. (7).

Pub. L. 109–163, § 610(b)Subsec. (g)(1). , inserted “or for a period of more than 30 days” after “in support of a contingency operation” in two places in introductory provisions.

Pub. L. 109–364, § 604(a)(2)Subsec. (g)(2). , added par. (2). Former par. (2) redesignated (3).

Pub. L. 109–364, § 604(a)(1)Subsec. (g)(3). , (3), redesignated par. (2) as (3) and substituted “Paragraphs (1) and (2)” for “Paragraph (1)”. Former par. (3) redesignated (4).

Pub. L. 109–163, § 610(a)(2), added par. (3). Former par. (3) redesignated (4).

Pub. L. 109–364, § 604(a)(1)Subsec. (g)(4). , redesignated par. (3) as (4). Former par. (4) redesignated (5).

Pub. L. 109–163, § 610(a)(1), (3), redesignated par. (3) as (4) and substituted “30 days or less” for “less than 140 days”.

Pub. L. 109–364, § 604(a)(1)Subsec. (g)(5). , redesignated par. (4) as (5).

lPub. L. 109–163, § 611Subsec. (). , substituted “365 days” for “180 days” wherever appearing.

lPub. L. 109–364, § 605(a)Subsec. ()(3), (4). , added par. (3) and redesignated former par. (3) as (4).

lPub. L. 109–13, § 10222005—Subsec. (). , temporarily substituted “365 days” for “180 days” wherever appearing. See Effective and Termination Dates of 2005 Amendments note below.

Pub. L. 108–375, § 604(1)Do NotAre Unable To2004—Subsec. (d). , substituted “” for “” in heading.

Pub. L. 108–375, § 603(1)Subsec. (d)(1). , substituted “may be paid” for “is entitled to”.

Pub. L. 108–375, § 604(2)Subsec. (d)(3)(C). , added subpar. (C).

Pub. L. 108–375, § 603(2)Subsec. (d)(4). , inserted first sentence and struck out former first sentence which read as follows: “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.”

Pub. L. 108–1362003—Subsec. (f)(2)(C). substituted “are each entitled to a basic allowance for housing” for “are jointly entitled to one basic allowance for housing” in first sentence, inserted second sentence, and struck out former second and third sentences which read as follows: “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).”

Pub. L. 107–314, § 602(1)o2002—Subsec. (b)(7). , redesignated par. (7) as subsec. ().

lPub. L. 107–296Subsecs. (f)(3), ()(1). substituted “of Homeland Security” for “of Transportation” wherever appearing.

oPub. L. 107–314oSubsec. (). redesignated subsec. (b)(7) as subsec. (), 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”.

Pub. L. 107–1072001—Subsec. (i). 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”.

Pub. L. 106–398, § 1 [[div. A]2000—Subsec. (b)(1). , title VI, § 605(a)(3)], added par. (1). Former par. (1) redesignated (2).

Pub. L. 106–398, § 1 [[div. A]Subsec. (b)(2). , title VI, § 607(a)], inserted at end “After , 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, § 1 [[div. A], title VI, § 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.”

Pub. L. 106–398, § 1 [[div. A]Subsec. (b)(3). , title VI, § 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.”

Pub. L. 106–398, § 1 [[div. A]Subsec. (b)(5). , title VI, § 607(b)], added par. (5).

Pub. L. 106–398, § 1 [[div. A], title VI, § 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.”

Pub. L. 106–398, § 1 [[div. A]Subsec. (b)(6). , title VI, § 605(c)(1)], struck out “, changes in the national average monthly cost of housing,” after “housing costs in the area”.

Pub. L. 106–398, § 1 [[div. A]Subsec. (b)(7). , title VI, § 605(c)(2)], struck out “without dependents” after “In the case of a member”.

Pub. L. 106–398, § 1 [[div. A]Subsec. (d)(3). , title VI, § 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).”

Pub. L. 106–398, § 1 [[div. A]Subsec. (f)(2)(B). , title VI, § 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.

Pub. L. 106–398, § 1 [[div. A]Subsec. (f)(3). , title X, § 1087(b)(2)], substituted “regulations” for “regulation”.

Pub. L. 106–398, § 1 [[div. A]Subsec. (m)(1)(B). , title VI, § 608(b)], substituted “E–3” for “E–4”.

Pub. L. 105–2611998—Subsec. (c)(3). added par. (3).

Pub. L. 105–851997— amended section generally. Prior to amendment, section consisted of subsecs. (a) to (m) relating to basic allowances for quarters.

Pub. L. 104–106, § 603(a)1996—Subsec. (b). , designated first sentence as par. (1), designated second sentence as par. (2) and substituted “Subject” for “However, subject”, and added par. (3).

Pub. L. 104–201, § 605Subsec. (b)(3). , substituted “Subject to the provisions of subsection (j), a member” for “A member”.

Pub. L. 104–201, § 604(a)Subsec. (c)(2). –(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, § 604(a), substituted “E–6” for “E–7” in first sentence and “E–5” for “E–6” in second sentence.

lPub. L. 103–3371994—Subsec. (). substituted “180 days” for “90 days” wherever appearing.

Pub. L. 102–190, § 604(a)(1)1991—Subsec. (a). , designated existing provisions as par. (1) and added par. (2).

Pub. L. 102–25, § 702(b)(1)Subsec. (b). , struck out “of this section” after “subsection (j)”.

Pub. L. 102–190, § 632(a)Subsec. (d). , designated existing provisions as par. (1) and added par. (2).

Pub. L. 102–190, § 604(a)(2)Subsec. (j)(1). , substituted “Secretary of Defense shall” for “President may”.

Pub. L. 102–25, § 702(b)(1)Subsec. (j)(2). , struck out “of this section” after “subsection (b)”.

Pub. L. 102–190, § 602(a)Subsec. (m). , added subsec. (m).

lPub. L. 100–261987—Subsec. ()(1). substituted “armed forces” for “Armed Forces”.

Pub. L. 99–145, § 1303(b)(6)1985—Subsec. (a). , inserted “or as otherwise prescribed by law” after “of this title”.

Pub. L. 99–145, § 604(a), inserted provision permitting the allowance authorized by this section to be paid in advance.

Pub. L. 99–145, § 605(a)(1)Subsec. (c)(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”.

Pub. L. 99–145, § 605(a)(2)Subsec. (c)(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”.

Pub. L. 99–145, § 605(a)(3)Subsec. (c)(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.

Pub. L. 99–145, § 809(b)Subsec. (k). , substituted “25-year period” for “15-year period”.

lPub. L. 99–227lSubsec. (). added subsec. ().

Pub. L. 98–525, § 602(c)(2)1984—, struck out “; variable housing allowance” in section catchline.

Pub. L. 98–525, § 602(c)(1)Subsec. (a). , struck out designation for par. (1) preceding “Except as otherwise provided by law” and struck out par. (2) which related to variable housing allowances.

Pub. L. 98–525, § 604(a)Subsec. (j)(2). , inserted reference to training missions.

Pub. L. 98–941983—Subsec. (a)(2)(A), (D). substituted “Except as provided in subparagraph (D) of this paragraph, a member” for “A member” at beginning of subpar. (A), and added subpar. (D).

Pub. L. 97–221981—Subsec. (b). substituted “pay grade E–6” for “pay grade F–6”.

Pub. L. 96–343, § 4(a)(2)1980—, substituted “for quarters; variable housing allowance” for “for quarters” in section catchline.

Pub. L. 96–343, § 4(a)(1)Subsec. (a). , designated existing provisions as par. (1) and added par. (2).

Pub. L. 96–579, § 6(a)(1)Subsec. (b). , (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.

Pub. L. 96–579, § 6(b)Subsec. (c). , 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.

Pub. L. 96–513, § 516(10)(A)Subsec. (e). , substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”.

Pub. L. 96–579, § 6(c)Subsec. (j). , designated existing provisions as par. (1) and added par. (2).

Pub. L. 96–513, § 516(10)(B), substituted “terms” for “words”.

Pub. L. 96–579, § 7Subsec. (k). , added subsec. (k).

Pub. L. 93–419section 1009 of this title1974—Subsec. (a). substituted reference to for provisions setting out in tables the rates of basic allowance for quarters for members of uniformed services.

Pub. L. 93–64, § 105(1)1973—Subsec. (a). , (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.”

Pub. L. 93–64, § 105(3)Subsec. (b). , in second sentence substituted reference to subsection “(j)” for “(g)”.

Pub. L. 93–64, § 105(4)Subsecs. (g) to (j). , (5), added subsecs. (g) to (i) and redesignated former subsec. (g) as (j).

Pub. L. 92–1291971—Subsec. (a). increased quarters allowances as shown in table. Prior to this amendment the table was set out as follows:

“Pay grade

Without

dependents

With

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”

Pub. L. 90–2071967—Subsec. (f). 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.

Pub. L. 89–7181966—Subsec. (a). increased the quarters allowances as shown on the table. Prior to this amendment the table was set out as follows:

“Pay grade

Without

dependents

With

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 creditable under section 205)

67.50

45.00

E–4 (less than 7 years’ service creditable under section 205)

45.00

45.00

E–3

45.00

45.00

E–2

45.00

45.00

E–1

45.00

45.00”

Pub. L. 89–718Subsec. (e). substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey”.

Pub. L. 88–1321963—Subsec. (b). authorized election by certain officers without dependents not to occupy government quarters.

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Pub. L. 112–239, div. A, title VI, § 603(b)126 Stat. 1773

“The amendment made by subsection (a) [amending this section] shall take effect on .”
, , , provided that:

Pub. L. 112–239, div. A, title X, § 1076(a)126 Stat. 1947 Pub. L. 112–81, , , provided that the amendment made by section 1076(a)(9) is effective , and as if included in as enacted.

Effective Date of 2008 Amendment

Pub. L. 110–181, div. A, title VI, § 602(b)122 Stat. 145

“The amendments made by subsection (a) [amending this section] shall apply with respect to months beginning on or after the date of the enactment of this Act [].”
, , , provided that:

Effective Date of 2006 Amendment

Pub. L. 109–364, div. A, title VI, § 604(b)120 Stat. 2246

section 403(g) of title 37“Paragraph (2) of , United States Code, as added by subsection (a), shall apply with respect to months beginning on or after .”
, , , provided that:

Pub. L. 109–364, div. A, title VI, § 605(b)120 Stat. 2246

“(1)

General rule .—

The amendments made by subsection (a) [amending this section] shall take effect on .
“(2)

Transitional rule .—

lAfter , the Secretary of Defense, and the Secretary of Homeland Security in the case of the Coast Guard, may pay the allowance authorized by section 403()(2) of title 37, United States Code, to a member of the uniformed services who is the spouse of a member who died on active duty during the one-year period ending on that date, except that the payment of the allowance must terminate within 365 days after the date of the member’s death.”
, , , provided that:

Pub. L. 109–163, div. A, title VI, § 609(c)119 Stat. 3290

section 404a of this title“The amendments made by this section [amending this section and ] shall apply with respect to months beginning on or after .”
, , , provided that:

Pub. L. 109–163, div. A, title VI, § 611119 Stat. 3290 section 1022(b) of Pub. L. 109–13section 124 of Pub. L. 109–177section 1022(a) of Pub. L. 109–13, , , provided in part that the amendment of this section by section 611 is effective immediately after the termination, pursuant to and , of the amendments made by . See Effective and Termination Dates of 2005 Amendments note below.

Effective and Termination Dates of 2005 Amendment

Pub. L. 109–77, § 124119 Stat. 2041

section 1022 of Public Law 109–13“The amendment made by [amending this section] shall continue in effect through the date specified in section 106(3) of this joint resolution [].”
, , , provided that:

Pub. L. 109–13, div. A, title I, § 1022(b)119 Stat. 251

l“The amendment made by this section [amending this section] shall terminate on . Effective on , the provisions of section 403() of title 37, United States Code, as in effect on the date before the date of the enactment of this Act [] shall be revived.”
, , , provided that:

Effective Date of 2003 Amendment

Pub. L. 108–136, div. A, title VI, § 605(b)117 Stat. 1500

“The amendments made by subsection (a) [amending this section] shall take effect as of , and apply to months beginning on or after that date.”
, , , provided that:

Effective Date of 2002 Amendment

Pub. L. 107–296section 1704(g) of Pub. L. 107–296section 101 of Title 10Amendment by effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see , set out as a note under , Armed Forces.

Effective Date of 2001 Amendment

Pub. L. 107–107, div. A, title VI, § 605(b)115 Stat. 1134

“The amendment made by this section [amending this section] shall take effect on , and apply to members of the uniformed services in a travel or leave status between permanent duty stations on or after that date.”
, , , provided that:

Effective Date of 2000 Amendment

Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654

“(1)
The amendments made by this section [amending this section and provisions set out as a note below] shall take effect on .
“(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 , 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 , 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.”
, title VI, § 605(f)], , , 1654A–148, provided that:

Effective Date of 1998 Amendment

Pub. L. 105–261, div. A, title VI, § 603(c)112 Stat. 2037

section 403(c)(3)(B) of title 37“The reimbursement authority provided by , United States Code, as added by subsection (a), applies with respect to losses relating to housing that are sustained, on or after , 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.”
, , , provided that:

Effective Date of 1997 Amendment

Pub. L. 105–85section 603(e) of Pub. L. 105–85section 5561 of Title 5Amendment by effective , see , set out as a note under , Government Organization and Employees.

Effective Date of 1996 Amendment

Pub. L. 104–201, div. A, title VI, § 604(e)110 Stat. 2541

section 403a of this title“The amendments made by this section [amending this section and ] shall take effect on .”
, , , provided that:

Pub. L. 104–106, div. A, title VI, § 603(b)110 Stat. 358

“The amendments made by this section [amending this section] shall take effect on .”
, , , provided that:

Pub. L. 104–106, div. A, title VI, § 604(b)110 Stat. 358

“The amendments made by this section [amending this section] shall take effect on .”
, , , provided that:

Effective Date of 1994 Amendment

Pub. L. 103–337, div. A, title VI, § 604(c)108 Stat. 2782

“The amendments made by this section [amending this section] shall take effect as of .”
, , , provided that:

Effective Date of 1991 Amendment

Pub. L. 102–190, div. A, title VI, § 604(c)105 Stat. 1374

section 403a of this title“The amendments made by this section [amending this section and ] shall take effect six months after the date of the enactment of this Act [].”
, , , provided that:

Pub. L. 102–190, div. A, title VI, § 632(b)105 Stat. 1380

“The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [] 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.”
, , , provided that:

Effective Date of 1985 Amendment

Pub. L. 99–227, § 299 Stat. 1745

“The amendments made by section 1 of this Act [amending this section] shall take effect , 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.”
, , , provided that:

Pub. L. 99–145, title VI, § 604(c)99 Stat. 638

section 403a of this title“The amendments made by this section [amending this section and ] shall take effect on .”
, , , provided that:

Pub. L. 99–145, title VI, § 605(b)99 Stat. 638

“(1)
The amendments made by paragraphs (1) and (2) of subsection (a) [amending this section] shall take effect on .
“(2)
The amendment made by paragraph (3) of subsection (a) [amending this section] shall take effect on .”
, , , provided that:

section 809(b) of Pub. L. 99–145section 813 of Pub. L. 99–145section 113 of Title 10Amendment by effective , see , formerly set out in a Military Family Policy and Programs note under , Armed Forces.

Effective Date of 1984 Amendment

Pub. L. 98–525, title VI, § 602(f)98 Stat. 2536 Pub. L. 99–145, title VI, § 603(b)99 Stat. 637 Pub. L. 99–661, div. A, title XIII, § 1342(b)100 Stat. 3991 Pub. L. 112–81, div. A, title VI, § 631(f)(4)(B)125 Stat. 1465 Pub. L. 112–239, div. A, title X, § 1076(a)(9)126 Stat. 1948

“(1)
section 403a of this titlesection 405 of this titlesection 7572 of Title 10 Except as provided in paragraph (2), the amendments made by this section [enacting , amending this section, , , 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 .
“(2)
(A)
section 405 of this title A member shall be entitled to receive a station housing allowance under section 475 [now 405] of title 37, United States Code, as if the amendments made by subsection (e) [amending ] had not been enacted, if the member, on the date of the enactment of the Department of Defense Authorization Act, 1986 []—
“(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 475 [now 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 [].
“(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)
section 403a of title 37 For the period beginning on , and ending on , the limitation applicable under subsection (d)(1) of , 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 .”
, , , as amended by , , ; , , ; , , ; , , , provided that:

Pub. L. 99–661section 1342(h)(1) of Pub. L. 99–661section 301 of this title[Amendment of this note by effective , see , set out as an Effective Date of 1986 Amendment note under .]

Pub. L. 98–525, title VI, § 604(b)98 Stat. 2537

section 403(b) of title 37“The amendment made by subsection (a) [amending this section] shall apply only with respect to members making an election under , United States Code, after .”
, , , provided that:

Effective Date of 1983 Amendment

Pub. L. 98–94, title IX, § 907(b)97 Stat. 637

“The amendments made by subsection (a) [amending this section] shall apply only with respect to members called or ordered to active duty after .”
, , , provided that:

Effective Date of 1981 Amendment

Pub. L. 97–22, § 11(b)(2)95 Stat. 138 , , , provided that the amendment made by that section is effective .

Effective Date of 1980 Amendment

Pub. L. 96–579, § 6(d)94 Stat. 3368

“The amendments made by this section [amending this section] shall only apply to payment of basic allowance for quarters for months after September 1980.”
, , , provided that:

Pub. L. 96–513section 701(b)(3) of Pub. L. 96–513section 101 of Title 10Amendment by effective , see , set out as a note under , Armed Forces.

Pub. L. 96–343, § 4(b)94 Stat. 1125

section 403(a) of title 37“Paragraph (2) of , United States Code, as added by subsection (a), shall take effect on .”
, , , provided that:

Effective Date of 1974 Amendment

Pub. L. 93–419section 9 of Pub. L. 93–419section 1009 of this titleAmendment by effective , see , set out as an Effective Date note under .

Effective Date of 1973 Amendment

Pub. L. 93–64section 206 of Pub. L. 93–64section 401 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1971 Amendment

Pub. L. 92–129section 209 of Pub. L. 92–129section 302a of this titleAmendment by effective , see , set out as an Effective Date note under .

Effective Date of 1967 Amendment

Pub. L. 90–207section 7 of Pub. L. 90–207section 203 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1963 Amendment

Pub. L. 88–132section 14 of Pub. L. 88–132section 201 of this titleAmendment by effective , see , set out as a note under .

Transfer of Functions

section 542 of Title 6For 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 , as modified, set out as a note under .

Improvements to Basic Allowance for Housing

Pub. L. 119–60, div. A, title VI, § 624139 Stat. 909

“(a)

Increasing Awareness .—

The Secretary of Defense shall seek to improve transparency of the calculation of BAH by—
“(1)
developing a clear, accessible document that explains how rates of BAH are determined, including methodology and types of data sources used, which shall be—
“(A)
reviewed and updated not less frequently than annually and as rates and calculation methods change; and
“(B)
made available on a publicly accessible internet website and distributed across all relevant components of the Department of Defense; and
“(2)
providing to members of the Armed Forces when such members experience a permanent change of station, permanent change of assignment, change in dependency status, change in grade, or any other event that may impact the eligibility of such members for or rate of BAH—
“(A)
the information included in the document developed under paragraph (1); and
“(B)
an explanation of the type of rental housing the rate of BAH received by such members is intended to support in each locality.
“(b)

Study to Evaluate Alternative Rate Calculation.—

“(1)

Study.—

“(A)

In general .—

Not later than , the Secretary of Defense shall seek to enter into an agreement with a covered entity to conduct a study in which the covered entity—
“(i)
assesses the adequacy of the current BAH for MHAs selected under paragraph (3), including a review of the commuting times and distances of members of the Armed Forces and the overall affordability of housing in such MHAs;
“(ii)
reviews existing methods of calculating BAH and proposes methods of calculating BAH described in paragraph (2) for MHAs selected under paragraph (3) that are more efficient and accurate than such existing methods, as appropriate; and
“(iii)
evaluates the feasibility and advisability of using machine learning and artificial intelligence in the calculation of BAH and, if feasible and advisable, incorporates machine learning and artificial intelligence into the proposed methods described in clause (i).
“(B)

Rule of construction .—

section 403 of title 37During the study conducted in accordance with subparagraph (A), the Secretary shall pay BAH in MHAs selected under paragraph (3) at rates prescribed under , United States Code.
“(2)

Proposed monthly rates .—

A proposed monthly rate of BAH described in this paragraph—
“(A)
accurately reflects housing prices in the MHA subject to such rate; and
“(B)
is sufficient for military families who reside in such MHA to procure adequate and affordable housing.
“(3)

Mhas .—

The Secretary shall select not fewer than 15 MHAs for the covered entity to evaluate in the study conducted in accordance with paragraph (1). In selecting MHAs for evaluation under such study, the Secretary shall consider factors including the following:
“(A)
Variety of geographic location.
“(B)
The ranks of members who reside in an MHA.
“(C)
Whether members who reside in an MHA have dependents.
“(D)
Economic factors including inflation, cost of living, and the cost of private mortgage insurance.
“(4)

Completion .—

An agreement entered into under paragraph (1)(A) shall require the study conducted under such agreement to be completed not later than the date that is three years after the date on which the Secretary and the covered entity enter into such agreement.
“(5)

Annual briefings .—

Not later than 180 days after the date of the enactment of this Act [], and on an annual basis thereafter until the completion of the study conducted in accordance with paragraph (1), the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the study under this section.
“(6)

Report .—

Not later than 120 days after the date of the completion of the study conducted in accordance with paragraph (1), the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the results of such study. Such report shall include—
“(A)
an evaluation by the Secretary of the proposed methods of calculating BAH by a covered entity pursuant to an agreement under paragraph (1); and
“(B)
any recommendations of the Secretary for legislation to improve the methods of calculating BAH based on the study.
“(c)

Definitions .—

In this section:
“(1)
section 403 of title 37 The term ‘BAH’ means the basic allowance for housing for members of the uniformed services under , United States Code.
“(2)
The term ‘covered entity’ means an entity or combination of entities—
“(A)
with combined expertise in data analysis and machine learning and access to relevant data on local rental rates in real estate markets in the MHAs selected under subsection (b)(3); and
“(B)
that has not participated in anticompetitive price-fixing in a real estate market.
“(3)
The term ‘MHA’ means military housing area.”
, , , provided that:

Special Rule

Pub. L. 113–291, div. A, title VI, § 604(b)128 Stat. 3399 section 403(b)(3) of this titlePub. L. 113–291Pub. L. 115–48, title V, § 501(a)131 Stat. 996 , , , which provided that reduction in housing allowance authorized by , as amended by , was not applicable with respect to certain benefits paid by the Secretary of Veterans Affairs and such benefits would be subject to section 403(b)(3) as it read the day before , was repealed by , , .

Pub. L. 115–48, title V, § 501(b)131 Stat. 996

section 604(b) of Pub. L. 113–291“The amendment made by subsection (a) [repealing , formerly set out above] shall take effect on , and shall apply with respect to individuals who first use their entitlement to educational assistance under chapter 33 of title 38, United States Code, on or after such date.”
[, , , provided that: ]

Transitional Provisions

Pub. L. 112–239, div. A, title VI, § 604(b)126 Stat. 1774 Pub. L. 113–291, div. A, title X, § 1071(h)128 Stat. 3512

“(1)

In general .—

section 403(g) of title 37The basic allowance for housing paid to a member of a reserve component described in subparagraph (A) of paragraph (6) of , United States Code, as added by subsection (a), who on , is being paid basic allowance for housing at a rate that is based on a housing area other than the member’s permanent duty station, shall be paid at that current rate until the member is assigned to perform duty at the member’s permanent duty station, at which time the member shall be paid basic allowance for housing at the prevailing permanent duty station housing area rate or at the permanent duty station housing rate for which the member has qualified under such paragraph (6).
“(2)

Alternative rate .—

The Secretary of a military department, with the approval of the Secretary of Defense, may pay a member covered by paragraph (1) and under the jurisdiction of that Secretary a basic allowance for housing at a rate higher than the rate provided under such paragraph to ensure that the member is treated fairly and equitably or to serve the best interests of the United States.”
, , , as amended by , , , provided that:

Pub. L. 113–291, div. A, title X, § 1071(h)128 Stat. 3512 section 604(b) of Pub. L. 112–239Pub. L. 112–239[, , , provided that the amendment made by that section to , set out above, is effective as of , and as if included in as enacted.]

Minimum Rates of Basic Allowance; Annual Limitation

Pub. L. 106–246, div. B, title I, § 101(a)114 Stat. 528

“(a)

Minimum Rates of Basic Allowance for Housing for Members of the Uniformed Services .—

During the period beginning on , and ending on (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 , 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 .—

section 403(b)(3) of title 37In 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 , United States Code.”
, (b), , , provided that:

Transition to Basic Allowance for Housing

Pub. L. 105–85, div. A, title VI, § 603(b)111 Stat. 1781 Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654 Pub. L. 112–81, div. A, title VI, § 631(f)(4)(B)125 Stat. 1465 Pub. L. 112–239, div. A, title X, § 1076(a)(9)126 Stat. 1948

section 403 of title 37“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 , 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, 475(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 []), but subject to such modifications as the Secretary considers necessary, to provide allowances for members of the uniformed services.”
, , , as amended by , title VI, § 605(e)], , , 1654A–148; , , ; , , , provided that:

Exception to Limitation on Amount of Basic Allowance for Quarters for Members Receiving Allowance Due to Payment of Child Support

Pub. L. 102–190, div. A, title VI, § 602(b)105 Stat. 1373 section 602(a) of Pub. L. 102–190, , , provided that subsec. (m) of this section, as added by , 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 , 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

Pub. L. 102–25, title III, § 310A105 Stat. 84 , , , provided that, during the period beginning on , 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

Pub. L. 100–456, div. A, title VI, § 601(c)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 , 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

Pub. L. 99–190, § 101(b) [title VIII, § 8088]99 Stat. 1185 , , , 1216, provided that effective , 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 , was not to be less than the rate of the basic allowance for quarters that was in effect for that member on , with certain exceptions.

Basic Allowance for Quarters and Variable Housing Allowance

Pub. L. 98–525, title VI, § 602(a)98 Stat. 2533 Pub. L. 99–661, div. A, title XIII, § 1341(a)100 Stat. 3990 , , , as amended by , , , revised, effective , the rates of the basic allowance for quarters authorized by subsec. (a)(1) of this section and provided that, during the period beginning on , 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 , 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 , was not to be less than the rate of the basic allowance for quarters that was in effect for that member on , with certain exceptions.

Freeze of Variable Housing Allowance at Fiscal Year 1983 Rates

Pub. L. 98–94, title IX, § 90697 Stat. 637 Pub. L. 98–525, title VI, § 602(b)(2)98 Stat. 2534 , , , as amended by , , , provided that during the period beginning on , and ending on , 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 .

Variable Housing Allowance During Fiscal Year 1981; Amount; Regulations

Pub. L. 96–343, § 4(c)94 Stat. 1125 , , , 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

Pub. L. 92–129section 210 of Pub. L. 92–129section 203 of this titleAmendment of this section by not to reduce the pay to which any member of the uniformed services was entitled on , see , set out as a note under .

Increase in Quarters Allowance1962

Act Oct. 12, 1949, ch. 681, title III, § 302(f) 63 Stat. 812 Pub. L. 87–531, § 176 Stat. 152 section 75(5) of Pub. L. 89–718Pub. L. 89–718, , as amended by , , , 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 except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun before . 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 .

Enlisted Members Without Dependents

Act Oct. 12, 1949, ch. 681, title III 63 Stat. 812 Pub. L. 87–531, § 276 Stat. 152 Pub. L. 87–649Pub. L. 87–649section 12(a) of Pub. L. 87–649section 101 of this title, 302(g), , 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 , , . Laws effective after , that are inconsistent with , to be considered as superseding to the extent of the inconsistency, see , set out as a note preceding .

Authority of Secretaries With Respect to Payment of Quarters Allowances

Pub. L. 87–531, § 576 Stat. 153

“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 ([former] 50 App. U.S.C. 2210, 2211).”
, , , provided that:

Executive Documents

Transfer of Functions

80 Stat. 1610 section 3508(b) of Title 20Functions 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. , 31 F.R. 8855, , 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 , Education.

Executive Order No. 10204

section 301 of this titleEx. Ord. No. 10204, , 16 F.R. 417, as amended by Ex. Ord. No. 11120, , 28 F.R. 10631; Ex. Ord. No. 11146, , 29 F.R. 3417, which related to regulations governing basic allowances for quarters, was revoked by Ex. Ord. No. 11157, , 29 F.R. 7973, formerly set out as a note under .