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

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(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.—(A) 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—(i) begins 180 days before the date of the permanent change of station; and(ii) ends 180 days after the date of the permanent change of station.(B) 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.(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.(Added Pub. L. 115–91, div. A, title VI, § 604(a)(1), Dec. 12, 2017, 131 Stat. 1419.)Editorial NotesPrior 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 SubsidiariesEffective 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.”

Notes of Decisions

Cited in 13 cases (3 in the last 5 years), 1989–2025 · leading case: Deggins v. United States, 39 Fed. Cl. 617 (Fed. Cl. 1997).

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Deggins v. United States, 39 Fed. Cl. 617 (Fed. Cl. 1997). · cites it 4× “In this military-allowance case, plaintiffs claim entitlement under 37 U.S.C. § 403a(a)(2) (1994) to a variable housing allowance (VHA) at a rate based on the location of their dependents.”

Joseph T. Ponder & Judy Ponder v. United States, 117 F.3d 549 (Fed. Cir. 1997). “See 37 U.S.C. § 403a (1994). This adjustment is referred to as a “variable housing allowance” or “VHA.”

Ulmet v. United States, 17 Cl. Ct. 679 (Ct. Cl. 1989). · cites it 2× “Variable housing allowance pursuant to 37 U.S.C. § 403a (1982). . 5. Pay for accrued leave pursuant to 37 U.”

United States v. Mosley, 35 M.J. 693 (1992). · cites it 2× “, 37 U.S.C. § 403a; (8) Adduce with specificity what the accused actually received or would have received if the claim had been honored; (9) Demonstrate with specificity the difference between what the accused was entitled to receive and what the accused actually received or…”

United States v. Antonelli, 37 M.J. 932 (1993). · cites it 2× “§ 403 (b) and (i); 37 U.S.C. § 403a(a)(2); Department of Defense Pay and Allowances Entitlements Manual (DODPM) para.”

Alexander v. Armstrong, 609 A.2d 183 (Pa. Super. Ct. 1992). “37 U.S.C.A. § 403a. A service person is entitled to BAQ and in most cases, VHA, when either he or his dependents reside outside of military quarters.”

Holley v. United States, 33 Fed. Cl. 454 (Fed. Cl. 1995). “including the cost of quarters, subsistence, and other necessary incidental expenses, to such a member who is on duty outside of the United States____ OHA is analogous to the variable housing allowance (VHA) under 37 U.S.C. § 403a (1988). Each is paid to servicemembers at a rate…”

Clukey v. Piscataquis Cnty. Sheriff's Dep't, 1997 ME 124 (Me. 1997). “37 U.S.C. § 403a (1996). [¶ 3] Clukey filed a petition for award in 1994.”

United States v. Bulger, 41 M.J. 194 (1994). “Here, an application procedure was established that required the applicant to provide, inter alia, the address of his spouse who was claimed as a dependent.”

United States v. Bulger, 36 M.J. 1031 (1993). “” 37 U.S.C. § 403a(a)(l). The Navy implements these statutes in the Pay and Personnel Procedures Manual (PAYPERSMAN), NAVSO P-3050, which addresses both the entitlement to BAQ.”

Wolfing v. United States (Fed. Cl. 2022). “2000) (per curiam) (table) (contrasting discretionary nature of variable housing allowance statute, 37 U.S.C. § 403a (repealed 1998), with entitlement under BAH statute, id.”

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— 37 U.S.C. § 403a(a)(2) — 2 cases

Deggins v. United States, 39 Fed. Cl. 617 (Fed. Cl. 1997). “In this military-allowance case, plaintiffs claim entitlement under 37 U.S.C. § 403a(a)(2) (1994) to a variable housing allowance (VHA) at a rate based on the location of their dependents.”

United States v. Antonelli, 37 M.J. 932 (1993). “§ 403 (b) and (i); 37 U.S.C. § 403a(a)(2); Department of Defense Pay and Allowances Entitlements Manual (DODPM) para.”

— 37 U.S.C. § 403a(a)(3) — 1 case

United States v. Mosley, 35 M.J. 693 (1992). “, 37 U.S.C. § 403a; (8) Adduce with specificity what the accused actually received or would have received if the claim had been honored; (9) Demonstrate with specificity the difference between what the accused was entitled to receive and what the accused actually received or…”

— 37 U.S.C. § 403a(a)(l) — 2 cases

— 37 U.S.C. § 403a(e)(l) — 2 cases

United States v. Antonelli, 37 M.J. 932 (1993). “§ 403 (b) and (i); 37 U.S.C. § 403a(a)(2); Department of Defense Pay and Allowances Entitlements Manual (DODPM) para.”

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