PRIA, Government Policy, Made Personal

Summary

The Secretary of Defense must create rules so some service members who are moving within the United States can ask for special housing help for their spouse or other dependents during the move. A member can ask if, at the start of the move period, they have a spouse who is working or in a school program, a dependent in elementary or secondary school, a dependent in the Exceptional Family Member Program, or are caring for an immediate family member with a long-term illness. If the request is approved, a spouse or dependent who already lives in government housing may stay there for a time set by the rules. A spouse or dependent who will become eligible for government housing may move in at any time during the move period. The member may temporarily live in housing meant for unaccompanied members until the spouse arrives or the member leaves, but only if that housing is available and won’t displace someone else. Basic allowance for housing (BAH) can be based on the most fair area the Secretary chooses: the new duty station area, the area where the spouse lives (if the spouse lives there when the member departs), or the old duty station area. The rules must not reduce BAH paid under section 403(d)(3)(A). The relocation assistance program must teach service members about these housing options. Covered relocation period: normally 180 days before through 180 days after the permanent change of station (rules may change this). Dependent: as defined in section 401. Permanent change of station: as defined in section 452(b)(2).

Title 37, §403a

Pay and Allowances of the Uniformed Services, Source: USLM XML via OLRC

(a)Housing Treatment for Certain Members Who Have a Spouse or Other Dependents.—

(1)Housing treatment regulations.—

The Secretary of Defense shall prescribe regulations that permit a member of the armed forces described in paragraph (2) who is undergoing a permanent change of station within the United States to request the housing treatment described in subsection (b) during the covered relocation period of the member.

(2)Eligible members.—

A member described in this paragraph is any member who—

(A)has a spouse who is gainfully employed or enrolled in a degree, certificate or license granting program at the beginning of the covered relocation period;

(B)has one or more dependents attending an elementary or secondary school at the beginning of the covered relocation period;

(C)has one or more dependents enrolled in the Exceptional Family Member Program; or

(D)is caring for an immediate family member with a chronic or long-term illness at the beginning of the covered relocation period.

(b)Housing Treatment.—

(1)Continuation of housing for the spouse and other dependents.—

If a spouse or other dependent of a member whose request under subsection (a) is approved resides in Government-owned or Government-leased housing at the beginning of the covered relocation period, the spouse or other dependent may continue to reside in such housing during a period determined in accordance with the regulations prescribed pursuant to this section.

(2)Early housing eligibility.—

If a spouse or other dependent of a member whose request under subsection (a) is approved is eligible to reside in Government-owned or Government-leased housing following the member’s permanent change of station within the United States, the spouse or other dependent may commence residing in such housing at any time during the covered relocation period.

(3)Temporary use of government-owned or government-leased housing intended for members without a spouse or dependent.—

If a spouse or other dependent of a member relocates at a time different from the member in accordance with a request approved under subsection (a), the member may be assigned to Government-owned or Government-leased housing intended for the permanent housing of members without a spouse or dependent until the member’s detachment date or the spouse or other dependent’s arrival date, but only if such Government-owned or Government-leased housing is available without displacing a member without a spouse or dependent at such housing.

(4)Equitable basic allowance for housing.—

If a spouse or other dependent of a member relocates at a time different from the member in accordance with a request approved under subsection (a), the amount of basic allowance for housing payable may be based on whichever of the following areas the Secretary concerned determines to be the most equitable:

(A)The area of the duty station to which the member is reassigned.

(B)The area in which the spouse or other dependent resides, but only if the spouse or other dependent resides in that area when the member departs for the duty station to which the member is reassigned, and only for the period during which the spouse or other dependent resides in that area.

(C)The area of the former duty station of the member, but only if that area is different from the area in which the spouse or other dependent resides.

(c)Rule of Construction Related to Certain Basic Allowance for Housing Payments.—

Nothing in this section shall be construed to limit the payment or the amount of basic allowance for housing payable under section 403(d)(3)(A) of this title to a member whose request under subsection (a) is approved.

(d)Housing Treatment Education.—

The regulations prescribed pursuant to this section shall ensure the relocation assistance programs under section 1056 of title 10 include, as part of the assistance normally provided under such section, education about the housing treatment available under this section.

(e)Definitions.—

In this section: (1) Covered relocation period.—

(2)Dependent.—

The term “dependent” has the meaning given that term in section 401 of this title.

(3)Permanent change of station.—

The term “permanent change of station” means a permanent change of station described in section 452(b)(2) of this title.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 403a, added Pub. L. 98–525, title VI, § 602(d)(1), Oct. 19, 1984, 98 Stat. 2534; amended Pub. L. 99–145, title VI, §§ 602(a)–(d), 604(b), Nov. 8, 1985, 99 Stat. 636–638; Pub. L. 100–26, § 8(e)(8), Apr. 21, 1987, 101 Stat. 286; Pub. L. 101–189, div. A, title VI, § 602(a), Nov. 29, 1989, 103 Stat. 1445; Pub. L. 101–510, div. A, title VI, § 602, Nov. 5, 1990, 104 Stat. 1575; Pub. L. 102–25, title VII, § 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–190, div. A, title VI, §§ 603, 604(b), 633, Dec. 5, 1991, 105 Stat. 1373, 1374, 1381; Pub. L. 103–160, div. A, title VI, § 604, Nov. 30, 1993, 107 Stat. 1679; Pub. L. 104–106, div. A, title VI, § 605(a)(1), (b), Feb. 10, 1996, 110 Stat. 358; Pub. L. 104–201, div. A, title VI, §§ 604(d), 606(a)–(d), Sept. 23, 1996, 110 Stat. 2541, 2542, related to variable housing allowances, prior to repeal by Pub. L. 105–85, div. A, title VI, § 603(c)(1), Nov. 18, 1997, 111 Stat. 1781.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 115–91, div. A, title VI, § 604(b), Dec. 12, 2017, 131 Stat. 1420, provided that: “The

Amendments

made by this section [enacting this section] shall take effect on October 1, 2018.”

§403a Housing Treatment for Certain Members of the Armed Forces, and Their Spouses and Other Dependents, Undergoing a Permanent Change of Station Within the United States