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 June 29, 1950,” are omitted as executed. The words “(as defined in sections 231(g) and 252 of this title)” are omitted as covered by section 401 of this revised title.

In subsection (g), the word “including” is substituted for the words “and such regulations shall include, but not be limited to”.

Amendments

2019—Subsec. (b)(7)(E). Pub. L. 116–92, § 611(e), substituted “December 31, 2020” for “December 31, 2019”.

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

2018—Subsec. (b)(7)(E). Pub. L. 115–232 substituted “December 31, 2019” for “December 31, 2018”.

2017—Subsec. (b)(7)(E). Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”.

2016—Subsec. (b)(7)(E). Pub. L. 114–328 substituted “December 31, 2017” for “December 31, 2016”.

2015—Subsec. (b)(3)(B). Pub. L. 114–92, § 603, substituted “may not exceed the following:” for “may not exceed one percent.” and added cls. (i) to (v).

Subsec. (b)(7)(E). Pub. L. 114–92, § 604, substituted “December 31, 2016” for “December 31, 2015”.

2014—Subsec. (b)(3). Pub. L. 113–291, § 604(a), 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.

Subsec. (b)(7)(E). Pub. L. 113–291, § 602, substituted “December 31, 2015” for “December 31, 2014”.

2013—Subsec. (b)(7)(E). Pub. L. 113–66 substituted “December 31, 2014” for “December 31, 2013”.

Pub. L. 112–239, § 602, substituted “December 31, 2013” for “December 31, 2012”.

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

Subsec. (f)(2)(C). Pub. L. 112–239, § 603(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “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.”

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

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

2011—Subsec. (b)(7)(E). Pub. L. 112–81, § 601, substituted “December 31, 2012” for “December 31, 2009”.

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

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

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

2008—Subsec. (b)(7)(E). Pub. L. 110–181, § 603(b), substituted “December 31, 2009” for “December 31, 2008”.

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

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

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

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

Subsec. (g)(3). Pub. L. 109–364, § 604(a)(1), (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).

Subsec. (g)(4). Pub. L. 109–364, § 604(a)(1), 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”.

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

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

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

2005—Subsec. (l). Pub. L. 109–13, § 1022, temporarily substituted “365 days” for “180 days” wherever appearing. See Effective and Termination Dates of 2005 Amendments note below.

2004—Subsec. (d). Pub. L. 108–375, § 604(1), substituted “Do Not” for “Are Unable To” in heading.

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

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

Subsec. (d)(4). Pub. L. 108–375, § 603(2), 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.”

2003—Subsec. (f)(2)(C). Pub. L. 108–136 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).”

2002—Subsec. (b)(7). Pub. L. 107–314, § 602(1), redesignated par. (7) as subsec. (o).

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

Subsec. (o). Pub. L. 107–314 redesignated subsec. (b)(7) as subsec. (o), inserted heading, substituted “In the case of a member who is assigned to duty at a location or under circumstances that make it necessary for the member to be” for “In the case of a member who is assigned to duty inside the United States, the location or the circumstances of which make it necessary that the member be”, and inserted “for the purposes of this section” after “may be treated”.

2001—Subsec. (i). Pub. L. 107–107 struck out “who is in a pay grade E–4 (4 or more years of service) or above” after “A member of a uniformed service”.

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

Subsec. (b)(2). Pub. L. 106–398, § 1 [[div. A], title VI, § 607(a)], inserted at end “After June 30, 2001, the Secretary may not differentiate between members with dependents in pay grades E–1 through E–4 in determining what constitutes adequate housing for members.”

Pub. L. 106–398, § 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.”

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

Subsec. (b)(5). Pub. L. 106–398, § 1 [[div. A], 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.”

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

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

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

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

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

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

1998—Subsec. (c)(3). Pub. L. 105–261 added par. (3).

1997—Pub. L. 105–85 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (m) relating to basic allowances for quarters.

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

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

Subsec. (c)(2). Pub. L. 104–201, § 604(a)–(c), designated first sentence as subpar. (A) and substituted “Except as provided in subparagraphs (B) and (C), a member” for “A member”, added subpars. (B) and (C), and struck out former second sentence which read as follows: “A member of a uniformed service without dependents who is in a pay grade above E–5 who is assigned to sea duty under a permanent change of station is not entitled to a basic allowance for quarters if the unit to which the member is ordered is deployed and the permanent station of the unit is different than the permanent station from which the member is reporting.”

Pub. L. 104–106, § 604(a), substituted “E–6” for “E–7” in first sentence and “E–5” for “E–6” in second sentence.

1994—Subsec. (l). Pub. L. 103–337 substituted “180 days” for “90 days” wherever appearing.

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

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

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

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

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

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

1987—Subsec. (l)(1). Pub. L. 100–26 substituted “armed forces” for “Armed Forces”.

1985—Subsec. (a). Pub. L. 99–145, § 1303(b)(6), 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.

Subsec. (c)(1). Pub. L. 99–145, § 605(a)(1), substituted “who makes a permanent change of station for assignment to a unit conducting field operations is not entitled to a basic allowance for quarters while on that initial field duty” for “is not entitled to a basic allowance for quarters while he is on field duty”.

Subsec. (c)(2). Pub. L. 99–145, § 605(a)(2), substituted “who is assigned to sea duty under a permanent change of station is not entitled to a basic allowance for quarters if the unit to which the member is ordered is deployed and the permanent station of the unit is different than the permanent station from which the member is reporting” for “and who is on sea duty is not entitled to a basic allowance for quarters while the unit to which he is assigned is deployed for a period in excess of 90 days”.

Subsec. (c)(3). Pub. L. 99–145, § 605(a)(3), struck out par. (3) which provided that for purposes of this subsection, duty for a period of less than three months was not considered to be field duty or sea duty.

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

Subsec. (l). Pub. L. 99–227 added subsec. (l).

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

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

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

1983—Subsec. (a)(2)(A), (D). Pub. L. 98–94 substituted “Except as provided in subparagraph (D) of this paragraph, a member” for “A member” at beginning of subpar. (A), and added subpar. (D).

1981—Subsec. (b). Pub. L. 97–22 substituted “pay grade E–6” for “pay grade F–6”.

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

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

Subsec. (b). Pub. L. 96–579, § 6(a)(1), (2), substituted in second sentence “subject to the provisions of subsection (j)” for “except as provided by regulations prescribed under subsection (j)”, “member” for “commissioned officer”, and “F–6” for “C–3”. Because “C–3” did not appear in this subsection, “F–6” was substituted for “O–3” as the probable intent of Congress.

Subsec. (c). Pub. L. 96–579, § 6(b), reenacted existing text in provisions designated as pars. (1) and (3), and substituted par. (2) respecting nonentitlement to basic allowance for quarters when on sea duty for member of a uniformed service in pay grade below E–7 or above E–6 for prior nonentitlement provision for such member when on sea duty.

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

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

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

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

1974—Subsec. (a). Pub. L. 93–419 substituted reference to section 1009 of this title for provisions setting out in tables the rates of basic allowance for quarters for members of uniformed services.

1973—Subsec. (a). Pub. L. 93–64, § 105(1), (2), substituted in table provisions reading:

“E–4

$81.60

$121.50

E–3

72.30

105.00

E–2

63.90

105.00

E–1

60.00

105.00”

for former provisions reading:

“E–4 (over 4 years’ service)

81.60

121.50

E–4 (4 years’ or less service)

45.00

45.00

E–3

45.00

45.00

E–2

45.00

45.00

E–1

45.00

45.00”

and struck out “A member in pay grade E–4 (less than four years’ service), E–3, E–2, or E–1 is considered at all times to be without dependents.”.

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

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

1971—Subsec. (a). Pub. L. 92–129 increased quarters allowances as shown in table. Prior to this amendment the table was set out as follows:

“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”

1967—Subsec. (f). Pub. L. 90–207 substituted provisions authorizing the payment of a basic allowance for quarters to a member of a uniformed service without dependents who is in pay grade E–4 (four or more years’ service) or above for the period he is in a travel or leave status between permanent duty stations for provisions which precluded the payment of a basic allowance for quarters to a member of a uniformed service without dependents while in a permanent change of station status.

1966—Subsec. (a). Pub. L. 89–718 increased the quarters allowances as shown on the table. Prior to this amendment the table was set out as follows:

“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”

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

1963—Subsec. (b). Pub. L. 88–132 authorized election by certain officers without dependents not to occupy government quarters.

Effective Date of 2013 Amendment

Pub. L. 112–239, div. A, title VI, § 603(b), Jan. 2, 2013, 126 Stat. 1773, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on January 1, 2013.”

Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.

Effective Date of 2008 Amendment

Pub. L. 110–181, div. A, title VI, § 602(b), Jan. 28, 2008, 122 Stat. 145, provided that: “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 [Jan. 28, 2008].”

Effective Date of 2006 Amendment

Pub. L. 109–364, div. A, title VI, § 604(b), Oct. 17, 2006, 120 Stat. 2246, provided that: “Paragraph (2) of section 403(g) of title 37, United States Code, as added by subsection (a), shall apply with respect to months beginning on or after October 1, 2006.”

Pub. L. 109–364, div. A, title VI, § 605(b), Oct. 17, 2006, 120 Stat. 2246, provided that:

“(1)
General rule.—
The amendments made by subsection (a) [amending this section] shall take effect on October 1, 2006.
“(2)
Transitional rule.—
After October 1, 2006, 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(l)(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.”

Pub. L. 109–163, div. A, title VI, § 609(c), Jan. 6, 2006, 119 Stat. 3290, provided that: “The amendments made by this section [amending this section and section 404a of this title] shall apply with respect to months beginning on or after September 1, 2005.”

Pub. L. 109–163, div. A, title VI, § 611, Jan. 6, 2006, 119 Stat. 3290, provided in part that the amendment of this section by section 611 is effective immediately after the termination, pursuant to section 1022(b) of Pub. L. 109–13 and section 124 of Pub. L. 109–177, of the amendments made by section 1022(a) of Pub. L. 109–13. See Effective and Termination Dates of 2005 Amendments note below.

Effective and Termination Dates of 2005 Amendment

Pub. L. 109–77, § 124, Sept. 30, 2005, 119 Stat. 2041, provided that: “The amendment made by section 1022 of Public Law 109–13 [amending this section] shall continue in effect through the date specified in section 106(3) of this joint resolution [Dec. 31, 2005].”

Pub. L. 109–13, div. A, title I, § 1022(b), May 11, 2005, 119 Stat. 251, provided that: “The amendment made by this section [amending this section] shall terminate on September 30, 2005. Effective on October 1, 2005, the provisions of section 403(l) of title 37, United States Code, as in effect on the date before the date of the enactment of this Act [May 11, 2005] shall be revived.”

Effective Date of 2003 Amendment

Pub. L. 108–136, div. A, title VI, § 605(b), Nov. 24, 2003, 117 Stat. 1500, provided that: “The amendments made by subsection (a) [amending this section] shall take effect as of October 1, 2003, and apply to months beginning on or after that date.”

Effective Date of 2002 Amendment

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

Effective Date of 2001 Amendment

Pub. L. 107–107, div. A, title VI, § 605(b), Dec. 28, 2001, 115 Stat. 1134, provided that: “The amendment made by this section [amending this section] shall take effect on January 1, 2003, and apply to members of the uniformed services in a travel or leave status between permanent duty stations on or after that date.”

Effective Date of 2000 Amendment

Pub. L. 106–398, § 1 [[div. A], title VI, § 605(f)], Oct. 30, 2000, 114 Stat. 1654, 1654A–148, provided that:

“(1)
The amendments made by this section [amending this section and provisions set out as a note below] shall take effect on October 1, 2000.
“(2)
In the case of the amendment made by subsection (c)(2) [amending this section], the amendment shall apply with respect to pay periods beginning on and after October 1, 2000, for a member of the uniformed services covered by the provision of law so amended regardless of the date on which the member was first reassigned to duty under the conditions of a low-cost or no-cost permanent change of station or permanent change of assignment.
“(3)
In the case of the amendment made by subsection (d) [amending this section], the amendment shall apply with respect to pay periods beginning on and after October 1, 2000, for a member of the uniformed services covered by the provision of law so amended regardless of the date on which the member was first assigned to duty in an area that is different from the area in which the member’s dependents reside.”

Effective Date of 1998 Amendment

Pub. L. 105–261, div. A, title VI, § 603(c), Oct. 17, 1998, 112 Stat. 2037, provided that: “The reimbursement authority provided by section 403(c)(3)(B) of title 37, United States Code, as added by subsection (a), applies with respect to losses relating to housing that are sustained, on or after July 1, 1997, by a member of the uniformed services as a result of fluctuations in the relative value of the currencies of the United States and the foreign country in which the housing is located.”

Effective Date of 1997 Amendment

Amendment by Pub. L. 105–85 effective Jan. 1, 1998, see section 603(e) of Pub. L. 105–85, set out as a note under section 5561 of Title 5, Government Organization and Employees.

Effective Date of 1996 Amendment

Pub. L. 104–201, div. A, title VI, § 604(e), Sept. 23, 1996, 110 Stat. 2541, provided that: “The amendments made by this section [amending this section and section 403a of this title] shall take effect on July 1, 1997.”

Pub. L. 104–106, div. A, title VI, § 603(b), Feb. 10, 1996, 110 Stat. 358, provided that: “The amendments made by this section [amending this section] shall take effect on July 1, 1996.”

Pub. L. 104–106, div. A, title VI, § 604(b), Feb. 10, 1996, 110 Stat. 358, provided that: “The amendments made by this section [amending this section] shall take effect on July 1, 1996.”

Effective Date of 1994 Amendment

Pub. L. 103–337, div. A, title VI, § 604(c), Oct. 5, 1994, 108 Stat. 2782, provided that: “The amendments made by this section [amending this section] shall take effect as of October 1, 1993.”

Effective Date of 1991 Amendment

Pub. L. 102–190, div. A, title VI, § 604(c), Dec. 5, 1991, 105 Stat. 1374, provided that: “The amendments made by this section [amending this section and section 403a of this title] shall take effect six months after the date of the enactment of this Act [Dec. 5, 1991].”

Pub. L. 102–190, div. A, title VI, § 632(b), Dec. 5, 1991, 105 Stat. 1380, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Dec. 5, 1991] and shall apply to calls or orders of members of the reserve components of the Armed Forces to active duty on or after that date.”

Effective Date of 1985 Amendment

Pub. L. 99–227, § 2, Dec. 28, 1985, 99 Stat. 1745, provided that: “The amendments made by section 1 of this Act [amending this section] shall take effect December 12, 1985, and shall apply only with respect to housing for and payment of an allowance for quarters to dependents of members of the uniformed services who died on or after that date.”

Pub. L. 99–145, title VI, § 604(c), Nov. 8, 1985, 99 Stat. 638, provided that: “The amendments made by this section [amending this section and section 403a of this title] shall take effect on October 1, 1985.”

Pub. L. 99–145, title VI, § 605(b), Nov. 8, 1985, 99 Stat. 638, provided that:

“(1)
The amendments made by paragraphs (1) and (2) of subsection (a) [amending this section] shall take effect on October 1, 1985.
“(2)
The amendment made by paragraph (3) of subsection (a) [amending this section] shall take effect on January 1, 1986.”

Amendment by section 809(b) of Pub. L. 99–145 effective Oct. 1, 1985, see section 813 of Pub. L. 99–145, formerly set out in a Military Family Policy and Programs note under section 113 of Title 10, Armed Forces.

Effective Date of 1984 Amendment

Pub. L. 98–525, title VI, § 602(f), Oct. 19, 1984, 98 Stat. 2536, as amended by Pub. L. 99–145, title VI, § 603(b), Nov. 8, 1985, 99 Stat. 637; Pub. L. 99–661, div. A, title XIII, § 1342(b), Nov. 14, 1986, 100 Stat. 3991; Pub. L. 112–81, div. A, title VI, § 631(f)(4)(B), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948, provided that:

“(1)
Except as provided in paragraph (2), the amendments made by this section [enacting section 403a of this title, amending this section, section 405 of this title, section 7572 of Title 10, Armed Forces, and provisions set out as a note under this section, and enacting provisions set out as a note under this section] shall take effect on January 1, 1985.
“(2)
(A)
A member shall be entitled to receive a station housing allowance under section 475 of title 37, United States Code, as if the amendments made by subsection (e) [amending section 405 of this title] had not been enacted, if the member, on the date of the enactment of the Department of Defense Authorization Act, 1986 [Nov. 8, 1985]—
“(i)
is assigned to a permanent duty station in Alaska or Hawaii; and
“(ii)
is entitled to payment of a temporary lodging allowance or a station housing allowance under section 475 of such title.
“(B)
A member who is entitled to a station housing allowance by reason of subparagraph (A) shall only be entitled to such allowance until the earlier of—
“(i)
the date on which the member changes residence in conjunction with a permanent change of duty station; or
“(ii)
the expiration of the four-year period beginning on the date of the enactment of the Department of Defense Authorization Act, 1986 [Nov. 8, 1985].
“(C)
A member who is entitled to a station housing allowance by reason of subparagraph (A) shall not be entitled to a variable housing allowance, except that such a member serving an unaccompanied tour of duty in Alaska or Hawaii may be paid a variable housing allowance based on the residence of the member’s dependents in another State.
“(3)
For the period beginning on January 1, 1985, and ending on September 30, 1985, the limitation applicable under subsection (d)(1) of section 403a of title 37, United States Code (as added by subsection (d)), on the total amount that may be paid during a fiscal year for the variable housing allowance authorized members of the uniformed services by that section shall be 15 percent of the median annual costs of housing in the United States for members of the uniformed services as measured during fiscal year 1984. In determining for the purposes of clause (A) of such subsection the total amount authorized to be paid for such allowance for fiscal year 1985, such amount shall be determined as if the amendments made by this section took effect on October 1, 1984.”

[Amendment of this note by Pub. L. 99–661 effective Nov. 14, 1986, see section 1342(h)(1) of Pub. L. 99–661, set out as an Effective Date of 1986 Amendment note under section 301 of this title.]

Pub. L. 98–525, title VI, § 604(b), Oct. 19, 1984, 98 Stat. 2537, provided that: “The amendment made by subsection (a) [amending this section] shall apply only with respect to members making an election under section 403(b) of title 37, United States Code, after September 30, 1984.”

Effective Date of 1983 Amendment

Pub. L. 98–94, title IX, § 907(b), Sept. 24, 1983, 97 Stat. 637, provided that: “The amendments made by subsection (a) [amending this section] shall apply only with respect to members called or ordered to active duty after September 30, 1983.”

Effective Date of 1981 Amendment

Pub. L. 97–22, § 11(b)(2), July 10, 1981, 95 Stat. 138, provided that the amendment made by that section is effective Oct. 1, 1980.

Effective Date of 1980 Amendment

Pub. L. 96–579, § 6(d), Dec. 23, 1980, 94 Stat. 3368, provided that: “The amendments made by this section [amending this section] shall only apply to payment of basic allowance for quarters for months after September 1980.”

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

Pub. L. 96–343, § 4(b), Sept. 8, 1980, 94 Stat. 1125, provided that: “Paragraph (2) of section 403(a) of title 37, United States Code, as added by subsection (a), shall take effect on September 30, 1981.”

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–419 effective Sept. 19, 1974, see section 9 of Pub. L. 93–419, set out as an Effective Date note under section 1009 of this title.

Effective Date of 1973 Amendment

Amendment by Pub. L. 93–64 effective July 1, 1973, see section 206 of Pub. L. 93–64, set out as a note under section 401 of this title.

Effective Date of 1971 Amendment

Amendment by Pub. L. 92–129 effective Oct. 1, 1971, see section 209 of Pub. L. 92–129, set out as an Effective Date note under section 302a of this title.

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–207 effective Oct. 1, 1967, see section 7 of Pub. L. 90–207, set out as a note under section 203 of this title.

Effective Date of 1963 Amendment

Amendment by Pub. L. 88–132 effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as a note under section 201 of this title.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service, transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government Organization and Employees. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 3508(b) of Title 20, Education.

Special Rule

Pub. L. 113–291, div. A, title VI, § 604(b), Dec. 19, 2014, 128 Stat. 3399, which provided that reduction in housing allowance authorized by section 403(b)(3) of this title, as amended by Pub. L. 113–291, 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 Dec. 19, 2014, was repealed by Pub. L. 115–48, title V, § 501(a), Aug. 16, 2017, 131 Stat. 996.

[Pub. L. 115–48, title V, § 501(b), Aug. 16, 2017, 131 Stat. 996, provided that: “The amendment made by subsection (a) [repealing section 604(b) of Pub. L. 113–291, formerly set out above] shall take effect on January 1, 2018, 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.”]

Transitional Provisions

Pub. L. 112–239, div. A, title VI, § 604(b), Jan. 2, 2013, 126 Stat. 1774, as amended by Pub. L. 113–291, div. A, title X, § 1071(h), Dec. 19, 2014, 128 Stat. 3512, provided that:

“(1)
In general.—
The basic allowance for housing paid to a member of a reserve component described in subparagraph (A) of paragraph (6) of section 403(g) of title 37, United States Code, as added by subsection (a), who on January 2, 2013, 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.”

[Pub. L. 113–291, div. A, title X, § 1071(h), Dec. 19, 2014, 128 Stat. 3512, provided that the amendment made by that section to section 604(b) of Pub. L. 112–239, set out above, is effective as of Jan. 2, 2013, and as if included in Pub. L. 112–239 as enacted.]

Minimum Rates of Basic Allowance; Annual Limitation

Pub. L. 106–246, div. B, title I, § 101(a), (b), July 13, 2000, 114 Stat. 528, provided that:

“(a)
Minimum Rates of Basic Allowance for Housing for Members of the Uniformed Services.—
During the period beginning on January 1, 2000, and ending on September 30, 2001 (or such earlier date as the Secretary of Defense considers appropriate), a member of the uniformed services entitled to a basic allowance for housing for a military housing area in the United States shall be paid the allowance at a monthly rate not less than the rate in effect on December 31, 1999, in that area for members serving in the same pay grade and with the same dependency status as the member.
“(b)
Annual Limitation on Allowance.—
In light of the rates for the basic allowance for housing authorized by subsection (a), the Secretary of Defense may exceed the limitation on the total amount paid during fiscal year 2000 and 2001 for the basic allowance for housing in the United States otherwise applicable under section 403(b)(3) of title 37, United States Code.”

Transition to Basic Allowance for Housing

Pub. L. 105–85, div. A, title VI, § 603(b), Nov. 18, 1997, 111 Stat. 1781, as amended by Pub. L. 106–398, § 1 [[div. A], title VI, § 605(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A–148; Pub. L. 112–81, div. A, title VI, § 631(f)(4)(B), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948, provided that: “The Secretary of Defense shall develop and implement a plan to incrementally manage the rate of growth of the various components of the basic allowance for housing authorized by section 403 of title 37, United States Code (as amended by subsection (a)), during a transition period of not more than eight years. During the transition period, the Secretary may continue to use the authorities provided under sections 403, 403a, 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 [Nov. 18, 1997]), but subject to such modifications as the Secretary considers necessary, to provide allowances for members of the uniformed services.”

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

Pub. L. 102–190, div. A, title VI, § 602(b), Dec. 5, 1991, 105 Stat. 1373, provided that subsec. (m) of this section, as added by section 602(a) of Pub. L. 102–190, temporarily was not to apply with respect to a member of a uniformed service assigned to quarters of the United States or a housing facility under the jurisdiction of a uniformed service who, on the day before Dec. 5, 1991, was entitled to receive a basic allowance for quarters solely by reason of the member’s payment of child support.

Active Duty in Connection With Operation Desert Storm

Pub. L. 102–25, title III, § 310A, Apr. 6, 1991, 105 Stat. 84, provided that, during the period beginning on Aug. 2, 1990, and ending on the first day of the first month beginning on or after the date 180 days after the end of the Persian Gulf conflict, a member of a reserve component of the uniformed services without dependents who was called or ordered to active duty in connection with Operation Desert Storm was to be entitled to a basic allowance for quarters under this section if, because of the call or order, the member was unable to continue to occupy a residence maintained as the primary residence of the member at the time of the call or order, and owned by the member or for which the member was responsible for rental payments.

Increase in Basic Allowance for Quarters Effective January 1, 1989

Pub. L. 100–456, div. A, title VI, § 601(c), Sept. 29, 1988, 102 Stat. 1976, provided that the rates of basic allowance for quarters for members of the uniformed services were increased by 7 percent effective on Jan. 1, 1989, and authorized the President to allocate the increase among pay grades and dependency categories, and the Secretary of Defense to establish separate rates of basic allowance for quarters for commissioned officers credited with over four years of active service as enlisted members or warrant officers.

Minimum Rate of Quarters Allowance Set at Rate as of December 31, 1984

Pub. L. 99–190, § 101(b) [title VIII, § 8088], Dec. 19, 1985, 99 Stat. 1185, 1216, provided that effective Jan. 1, 1985, the rate of the basic allowance for quarters authorized by subsec. (a) of this section which was payable to a member of the uniformed services who was entitled to that allowance on Dec. 31, 1984, was not to be less than the rate of the basic allowance for quarters that was in effect for that member on Dec. 31, 1984, with certain exceptions.

Basic Allowance for Quarters and Variable Housing Allowance

Pub. L. 98–525, title VI, § 602(a), Oct. 19, 1984, 98 Stat. 2533, as amended by Pub. L. 99–661, div. A, title XIII, § 1341(a), Nov. 14, 1986, 100 Stat. 3990, revised, effective Jan. 1, 1985, the rates of the basic allowance for quarters authorized by subsec. (a)(1) of this section and provided that, during the period beginning on Jan. 1, 1985, and ending on the effective date of a change made by law in the rates of basic allowance for quarters that increased the rates for such allowance to a level not less than 7 percent greater than the rates in effect on Jan. 1, 1985, the rate of the basic allowance for quarters authorized by subsec. (a)(1) of this section which was payable to a member of the uniformed services who was entitled to that allowance during such period and who was entitled to that allowance on Dec. 31, 1984, was not to be less than the rate of the basic allowance for quarters that was in effect for that member on Dec. 31, 1984, with certain exceptions.

Freeze of Variable Housing Allowance at Fiscal Year 1983 Rates

Pub. L. 98–94, title IX, § 906, Sept. 24, 1983, 97 Stat. 637, as amended by Pub. L. 98–525, title VI, § 602(b)(2), Oct. 19, 1984, 98 Stat. 2534, provided that during the period beginning on Oct. 1, 1983, and ending on Jan. 1, 1985, the rates at which the variable housing allowance under subsec. (a)(2) of this section was paid was to be the same as the rates in effect on Sept. 30, 1983.

Variable Housing Allowance During Fiscal Year 1981; Amount; Regulations

Pub. L. 96–343, § 4(c), Sept. 8, 1980, 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

Amendment of this section by Pub. L. 92–129 not to reduce the pay to which any member of the uniformed services was entitled on June 30, 1971, see section 210 of Pub. L. 92–129, set out as a note under section 203 of this title.

1962 Increase in Quarters Allowance

Act Oct. 12, 1949, ch. 681, title III, § 302(f), 63 Stat. 812, as amended by Pub. L. 87–531, § 1, July 10, 1962, 76 Stat. 152, which had provided for increases in quarters allowances without amending subsec. (a) of this section through the device of effecting an amendment to section 302(f) of the Career Compensation Act of 1949, was repealed by section 75(5) of Pub. L. 89–718 except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun before November 2, 1966. The substance of these quarters allowance increases were incorporated into the text of this section through the amendment of subsec. (a) of this section by Pub. L. 89–718.

Enlisted Members Without Dependents

Act Oct. 12, 1949, ch. 681, title III, 302(g), 63 Stat. 812, which provided that enlisted members without dependents shall be entitled to a basic allowance for quarters at the rate of $51.30 per month, was repealed by Pub. L. 87–531, § 2, July 10, 1962, 76 Stat. 152. Laws effective after Jan. 9, 1962, that are inconsistent with Pub. L. 87–649, to be considered as superseding Pub. L. 87–649 to the extent of the inconsistency, see section 12(a) of Pub. L. 87–649, set out as a note preceding section 101 of this title.

Authority of Secretaries With Respect to Payment of Quarters Allowances

Pub. L. 87–531, § 5, July 10, 1962, 76 Stat. 153, provided that: “The Secretaries of the departments concerned shall have the same authority with respect to payments of quarters allowances to enlisted members of the uniformed services to pay grades E–4 (over 4 years’ service) through E–9 that they have with respect to enlisted members of the uniformed services in pay grades E–1, E–2, E–3, and E–4 (4 years’ or less service) under sections 10 and 11 of the Dependents Assistance Act of 1950 ([former] 50 App. U.S.C. 2210, 2211).”

Executive Order No. 10204

Ex. Ord. No. 10204, Jan. 16, 1951, 16 F.R. 417, as amended by Ex. Ord. No. 11120, Oct. 2, 1963, 28 F.R. 10631; Ex. Ord. No. 11146, Mar. 13, 1964, 29 F.R. 3417, which related to regulations governing basic allowances for quarters, was revoked by Ex. Ord. No. 11157, June 22, 1964, 29 F.R. 7973, formerly set out as a note under section 301 of this title.