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U.S. Code as of:
01/19/04
Section 403. Basic allowance for housing
(a) General Entitlement. - (1) Except as otherwise provided by
law, a member of a uniformed service who is entitled to basic pay
is entitled to a basic allowance for housing at the monthly rates
prescribed under this section or another provision of law with
regard to the applicable component of the basic allowance for
housing. The amount of the basic allowance for housing for a member
will vary according to the pay grade in which the member is
assigned or distributed for basic pay purposes, the dependency
status of the member, and the geographic location of the member.
The basic allowance for housing may be paid in advance.
(2) A member of a uniformed service with dependents is not
entitled to a basic allowance for housing as a member with
dependents unless the member makes a certification to the Secretary
concerned indicating the status of each dependent of the member.
The certification shall be made in accordance with regulations
prescribed by the Secretary of Defense.
(b) Basic Allowance for Housing Inside the United States. - (1)
The Secretary of Defense shall prescribe the rates of the basic
allowance for housing that are applicable for the various military
housing areas in the United States. The rates for an area shall be
based on the costs of adequate housing determined for the area
under paragraph (2).
(2) The Secretary of Defense shall determine the costs of
adequate housing in a military housing area in the United States
for all members of the uniformed services entitled to a basic
allowance for housing in that area. The Secretary shall base the
determination upon the costs of adequate housing for civilians with
comparable income levels in the same area. After June 30, 2001, the
Secretary may not differentiate between members with dependents in
pay grades E-1 through E-4 in determining what constitutes adequate
housing for members.
(3) The total amount that may be paid for a fiscal year for the
basic allowance for housing under this subsection may not be less
than the product of -
(A) the total amount authorized to be paid for such allowance
for the preceding fiscal year; and
(B) a fraction -
(i) the numerator of which is the index of the national
average monthly cost of housing for June of the preceding
fiscal year; and
(ii) the denominator of which is the index of the national
average monthly cost of housing for June of the second
preceding fiscal year.
(4) An adjustment in the rates of the basic allowance for housing
under this subsection as a result of the Secretary's
redetermination of housing costs in an area shall take effect on
the same date as the effective date of the next increase in basic
pay under section 1009 of this title or other provision of law.
(5) On and after July 1, 2001, the Secretary of Defense shall
establish a single monthly rate for members of the uniformed
services with dependents in pay grades E-1 through E-4 in the same
military housing area. The rate shall be consistent with the rates
paid to members in pay grades other than pay grades E-1 through E-4
and shall be based on the following:
(A) The average cost of a two-bedroom apartment in that
military housing area.
(B) One-half of the difference between the average cost of a
two-bedroom townhouse in that area and the amount determined in
subparagraph (A).
(6) So long as a member of a uniformed service retains
uninterrupted eligibility to receive a basic allowance for housing
within an area of the United States, the monthly amount of the
allowance for the member may not be reduced as a result of changes
in housing costs in the area or the promotion of the member.
(c) Basic Allowance for Housing Outside the United States. - (1)
The Secretary of Defense may prescribe an overseas basic allowance
for housing for a member of a uniformed service who is on duty
outside of the United States. The Secretary shall establish the
basic allowance for housing under this subsection on the basis of
housing costs in the overseas area in which the member is assigned.
(2) So long as a member of a uniformed service retains
uninterrupted eligibility to receive a basic allowance for housing
in an overseas area and the actual monthly cost of housing for the
member is not reduced, the monthly amount of the allowance in an
area outside the United States may not be reduced as a result of
changes in housing costs in the area or the promotion of the
member. The monthly amount of the allowance may be adjusted to
reflect changes in currency rates.
(3)(A) In the case of a member of the uniformed services
authorized to receive an allowance under paragraph (1), the
Secretary concerned may make a lump-sum payment to the member for
required deposits and advance rent, and for expenses relating
thereto, that are -
(i) incurred by the member in occupying private housing outside
of the United States; and
(ii) authorized or approved under regulations prescribed by the
Secretary concerned.
(B) Expenses for which a member may be reimbursed under this
paragraph may include losses relating to housing that are sustained
by the member as a result of fluctuations in the relative value of
the currencies of the United States and the foreign country in
which the housing is located.
(C) The Secretary concerned shall recoup the full amount of any
deposit or advance rent payments made by the Secretary under
subparagraph (A), including any gain resulting from currency
fluctuations between the time of payment and the time of
recoupment.
(d) Basic Allowance for Housing When Dependents Are Unable To
Accompany Member. - (1) A member of a uniformed service with
dependents who is on permanent duty at a location described in
paragraph (2) is entitled to a family separation basic allowance
for housing under this subsection at a monthly rate equal to the
rate of the basic allowance for housing established under
subsection (b) or the overseas basic allowance for housing
established under subsection (c), whichever applies to that
location, for members in the same grade at that location without
dependents.
(2) A permanent duty location referred to in paragraph (1) is a
location -
(A) to which the movement of the member's dependents is not
authorized at the expense of the United States under section 406
of this title, and the member's dependents do not reside at or
near the location; and
(B) at which quarters of the United States are not available
for assignment to the member.
(3) If a member with dependents is assigned to duty in an area
that is different from the area in which the member's dependents
reside, the member is entitled to a basic allowance for housing as
provided in subsection (b) or (c), whichever applies to the member,
subject to the following:
(A) If the member's assignment to duty in that area, or the
circumstances of that assignment, require the member's dependents
to reside in a different area, as determined by the Secretary
concerned, the amount of the basic allowance for housing for the
member shall be based on the area in which the dependents reside
or the member's last duty station, whichever the Secretary
concerned determines to be most equitable.
(B) If the member's assignment to duty in that area is under
the conditions of a low-cost or no-cost permanent change of
station or permanent change of assignment, the amount of the
basic allowance for housing for the member shall be based on the
member's last duty station if the Secretary concerned determines
that it would be inequitable to base the allowance on the cost of
housing in the area to which the member is reassigned.
(4) The family separation basic allowance for housing under this
subsection shall be in addition to any other allowance or per diem
that the member is otherwise entitled to receive under this title.
A member may receive a basic allowance for housing under both
paragraphs (1) and (3).
(e) Effect of Assignment to Quarters. - (1) Except as otherwise
provided by law, a member of a uniformed service who is assigned to
quarters of the United States or a housing facility under the
jurisdiction of a uniformed service appropriate to the grade, rank,
or rating of the member and adequate for the member and dependents
of the member, if with dependents, is not entitled to a basic
allowance for housing.
(2) A member without dependents who is in a pay grade above pay
grade E-6 and who is assigned to quarters in the United States or a
housing facility under the jurisdiction of a uniformed service,
appropriate to the grade or rank of the member and adequate for the
member, may elect not to occupy those quarters and instead to
receive the basic allowance for housing prescribed for the member's
pay grade by this section.
(3) A member without dependents who is in pay grade E-6 and who
is assigned to quarters of the United States that do not meet the
minimum adequacy standards established by the Secretary of Defense
for members in such pay grade, or to a housing facility under the
jurisdiction of a uniformed service that does not meet such
standards, may elect not to occupy such quarters or facility and
instead to receive the basic allowance for housing prescribed for
the member's pay grade under this section.
(4) The Secretary concerned may deny the right to make an
election under paragraph (2) or (3) if the Secretary determines
that the exercise of such an election would adversely affect a
training mission, military discipline, or military readiness.
(5) A member with dependents who is assigned to quarters of the
United States or a housing facility under the jurisdiction of a
uniformed service may be paid the basic allowance for housing if,
because of orders of competent authority, the dependents are
prevented from occupying those quarters.
(f) Ineligibility During Initial Field Duty or Sea Duty. - (1) A
member of a uniformed service without dependents who makes a
permanent change of station for assignment to a unit conducting
field operations is not entitled to a basic allowance for housing
while on that initial field duty unless the commanding officer of
the member certifies that the member was necessarily required to
procure quarters at the member's expense.
(2)(A) Except as provided in subparagraphs (B) and (C), a member
of a uniformed service without dependents who is in a pay grade
below pay grade E-6 is not entitled to a basic allowance for
housing while the member is on sea duty.
(B) Under regulations prescribed by the Secretary concerned, the
Secretary may authorize the payment of a basic allowance for
housing to a member of a uniformed service without dependents who
is serving in pay grade E-4 or E-5 and is assigned to sea duty. In
prescribing regulations under this subparagraph, the Secretary
concerned shall consider the availability of quarters for members
serving in pay grades E-4 and E-5.
(C) Notwithstanding section 421 of this title, two members of the
uniformed services in a pay grade below pay grade E-6 who are
married to each other, have no other dependents, and are
simultaneously assigned to sea duty are 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.
(3) The Secretary of Defense, and the Secretary of Homeland
Security with respect to the Coast Guard when it is not operating
as a service in the Department of the Navy, shall prescribe
regulations defining the terms "field duty" and "sea duty" for
purposes of this section.
(g) Reserve Members. - (1) A member of a reserve component
without dependents who is called or ordered to active duty in
support of a contingency operation, or a retired member without
dependents who is ordered to active duty under section 688(a) of
title 10 in support of a contingency operation, may not be denied a
basic allowance for housing if, because of that call or order, the
member is unable to continue to occupy a residence -
(A) which is maintained as the primary residence of the member
at the time of the call or order; and
(B) which is owned by the member or for which the member is
responsible for rental payments.
(2) Paragraph (1) shall not apply if the member is authorized
transportation of household goods under section 406 of this title
as part of the call or order to active duty described in such
paragraph.
(3) The Secretary of Defense shall establish a rate of basic
allowance for housing to be paid to a member of a reserve component
while the member serves on active duty under a call or order to
active duty specifying a period of less than 140 days, unless the
call or order to active duty is in support of a contingency
operation.
(h) Rental of Public Quarters. - Notwithstanding any other law
(including those restricting the occupancy of housing facilities
under the jurisdiction of a department or agency of the United
States by members, and their dependents, of the armed forces above
specified grades, or by members, and their dependents, of the
National Oceanic and Atmospheric Administration and the Public
Health Service), a member of a uniformed service, and the
dependents of the member, may be accepted as tenants in, and may
occupy on a rental basis, any of those housing facilities, other
than public quarters constructed or designated for assignment to an
occupancy without charge by such a member and the dependents of the
member, if any. Such a member may not, because of occupancy under
this subsection, be deprived of any money allowance to which the
member is otherwise entitled for the rental of quarters.
(i) Temporary Housing Allowance While in Travel or Leave Status.
- A member of a uniformed service is entitled to a temporary basic
allowance for housing (at a rate determined by the Secretary of
Defense) while the member is in a travel or leave status between
permanent duty stations, including time granted as delay en route
or proceed time, when the member is not assigned to quarters of the
United States.
(j) Aviation Cadets. - The eligibility of an aviation cadet of
the Navy, Air Force, Marine Corps, or Coast Guard for a basic
allowance for housing shall be determined as if the aviation cadet
were a member of the uniformed services in pay grade E-4.
(k) Administration. - (1) The Secretary of Defense shall
prescribe regulations for the administration of this section.
(2) The Secretary concerned may make such determinations as may
be necessary to administer this section, including determinations
of dependency and relationship. When warranted by the
circumstances, the Secretary concerned may reconsider and change or
modify any such determination. The authority of the Secretary
concerned under this subsection may be delegated. Any determination
made under this section with regard to a member of the uniformed
services is final and is not subject to review by any accounting
officer of the United States or a court, unless there is fraud or
gross negligence.
(3) Parking facilities (including utility connections) provided
members of the uniformed services for house trailers and mobile
homes not owned by the Government shall not be considered to be
quarters for the purposes of this section or any other provision of
law. Any fees established by the Government for the use of such a
facility shall be established in an amount sufficient to cover the
cost of maintenance, services, and utilities and to amortize the
cost of construction of the facility over the 25-year period
beginning with the completion of such construction.
(l) Temporary Continuation of Allowance for Dependents of Members
Dying on Active Duty. - (1) The Secretary of Defense, or the
Secretary of Homeland Security in the case of the Coast Guard when
not operating as a service in the Navy, may allow the dependents of
a member of the armed forces who dies on active duty and whose
dependents are occupying family housing provided by the Department
of Defense, or by the Department of Homeland Security in the case
of the Coast Guard, other than on a rental basis on the date of the
member's death to continue to occupy such housing without charge
for a period of 180 days.
(2) The Secretary concerned may pay a basic allowance for housing
(at the rate that is payable for members of the same grade and
dependency status as the deceased member for the area where the
dependents are residing) to the dependents of a member of the
uniformed services who dies while on active duty and whose
dependents -
(A) are not occupying a housing facility under the jurisdiction
of a uniformed service on the date of the member's death;
(B) are occupying such housing on a rental basis on such date;
or
(C) vacate such housing sooner than 180 days after the date of
the member's death.
(3) The payment of the allowance under paragraph (2) shall
terminate 180 days after the date of the member's death.
(m) Members Paying Child Support. - (1) A member of a uniformed
service with dependents may not be paid a basic allowance for
housing at the with dependents rate solely by reason of the payment
of child support by the member if -
(A) the member is assigned to a housing facility under the
jurisdiction of a uniformed service; or
(B) the member is assigned to sea duty, and elects not to
occupy assigned quarters for unaccompanied personnel, unless the
member is in a pay grade above E-3.
(2) A member of a uniformed service assigned to quarters of the
United States or a housing facility under the jurisdiction of a
uniformed service who is not otherwise authorized a basic allowance
for housing and who pays child support is entitled to the basic
allowance for housing differential, except for months for which the
amount payable for the child support is less than the rate of the
differential. Payment of a basic allowance for housing differential
does not affect any entitlement of the member to a partial
allowance for quarters under subsection (n).
(3) The basic allowance for housing differential to which a
member is entitled under paragraph (2) is the amount equal to the
difference between -
(A) the rate of the basic allowance for quarters (with
dependents) for the member's pay grade, as such rate was in
effect on December 31, 1997, under this section (as in effect on
that date); and
(B) the rate of the basic allowance for quarters (without
dependents) for the member's pay grade, as such rate was in
effect on December 31, 1997, under this section (as in effect on
that date).
(4) Whenever the rates of basic pay for members of the uniformed
services are increased, the monthly amount of the basic allowance
for housing differential computed under paragraph (3) shall be
increased by the average percentage increase in the rates of basic
pay. The effective date of the increase shall be the same date as
the effective date of the increase in the rates of basic pay.
(5) In the case of two members, who have one or more common
dependents (and no others), who are not married to each other, and
one of whom pays child support to the other, the amount of the
basic allowance for housing paid to each member under this section
shall be reduced in accordance with regulations prescribed by the
Secretary of Defense. The total amount of the basic allowances for
housing paid to the two members may not exceed the sum of the
amounts of the allowance to which each member would be otherwise
entitled under this section.
(n) Partial Allowance for Members Without Dependents. - (1) A
member of a uniformed service without dependents who is not
entitled to receive a basic allowance for housing under subsection
(b), (c), or (d) is entitled to a partial basic allowance for
housing at a rate determined by the Secretary of Defense under
paragraph (2).
(2) The rate of the partial basic allowance for housing is the
partial rate of the basic allowance for quarters for the member's
pay grade as such partial rate was in effect on December 31, 1997,
under section 1009(c)(2) of this title (as such section was in
effect on such date).
(o) Treatment of Low-Cost and No-Cost Moves as Not Being
Reassignments. - In the case of a member who is assigned to duty at
a location or under circumstances that make it necessary for the
member to be reassigned under the conditions of low-cost or no-cost
permanent change of station or permanent change of assignment, the
member may be treated for the purposes of this section as if the
member were not reassigned if the Secretary concerned determines
that it would be inequitable to base the member's entitlement to,
and amount of, a basic allowance for housing on the cost of housing
in the area to which the member is reassigned.
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