37 U.S.C. § 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
submitted 9 years ago by Pub. L. 115-91 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 781 words · no verdicts yet
This law lets certain military families keep stable housing during a move within the United States. It applies to members whose spouse works or studies, or whose dependents are in school or need special care. Approved families can keep or start government housing on a flexible schedule around the move.
(a) Housing Treatment for Certain Members Who Have a Spouse or Other Dependents. The Secretary of Defense must write regulations letting an eligible member* who is undergoing a permanent change of station within the United States request special housing treatment, described in subsection (b), during that member's "covered relocation period." A member is eligible if: the member's spouse has a job or is enrolled in a degree, certificate, or license program when the relocation period begins; the member has a dependent attending elementary or secondary school then; the member has a dependent enrolled in the Exceptional Family Member Program; or the member is caring for an immediate family member with a chronic or long-term illness, at that time.
(b) Housing Treatment. If a member's request is approved: a spouse or dependent already living in government-owned or government-leased housing can keep living there, for a period set by regulation. A spouse or dependent who becomes eligible for such housing at the new duty station can start living there anytime during the relocation period. If the spouse or dependent relocates at a different time than the member, the member may be temporarily assigned government housing meant for members without a spouse or dependent — until the member's detachment date or the family's arrival date — but only if doing so does not displace another member without dependents who needs that housing. And if the family relocates at a different time than the member, the basic allowance for housing may be based on whichever of these areas the Secretary concerned* decides is most fair: the new duty station's area, the area where the spouse or dependent lives (but only for the time the spouse or dependent actually lives there, starting from when the member departs), or the area of the member's former duty station.
(c) Rule of Construction Related to Certain Basic Allowance for Housing Payments. Nothing in this section limits the basic allowance for housing that a member can already get under section 403(d)(3)(A) of this title once the member's request is approved.
(d) Housing Treatment Education. The regulations under this section must make sure that relocation assistance programs under section 1056 of title 10 include education about the housing treatment this section offers.
(e) Definitions. "Covered relocation period" normally means the period starting 180 days before, and ending 180 days after, the permanent change of station — though regulations may shorten or lengthen that period. "Dependent" has the meaning given in section 401 of this title. "Permanent change of station" has the meaning given in section 452(b)(2) of this title.
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.
A member described in this paragraph is any member who—
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;
has one or more dependents attending an elementary or secondary school at the beginning of the covered relocation period;
has one or more dependents enrolled in the Exceptional Family Member Program; or
is caring for an immediate family member with a chronic or long-term illness at the beginning of the covered relocation period.
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.
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.
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.
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:
The area of the duty station to which the member is reassigned.
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.
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.
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.
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.
In this section:
Subject to subparagraph (B), the term “covered relocation period”, when used with respect to a permanent change of station of a member of the armed forces, means the period that—
begins 180 days before the date of the permanent change of station; and
ends 180 days after the date of the permanent change of station.
The regulations prescribed pursuant to this section may provide for a shortening or lengthening of the covered relocation period of a member for purposes of this section.
The term “permanent change of station” means a permanent change of station described in section 452(b)(2) of this title.
Source credit: (Added Pub. L. 115–91, div. A, title VI, § 604(a)(1), Dec. 12, 2017, 131 Stat. 1419.)
- 2017Enacted · Pub. L. 115-91 · 131 Stat. 1419
A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-91 on 2017-12-12.
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