37 U.S.C. 403: Basic allowance for housing

2024

• Pub. L. 118–159, §611(e)(1), substituted "December 31, 2025" for "December 31, 2024". Law text · (b)
• Pub. L. 118–159, §611(e)(2), which directed substitution of "December 31, 2025" for "September 30, 2024", was executed by making the substitution for "December 31, 2024", to reflect the probable intent of Congress. Law text · (b)
• Pub. L. 118–159, §622(1), substituted "subparagraphs (B) and (C)," for "subparagraphs (B), (C), and (D),". Law text · (f)
• Pub. L. 118–159, §622(2), substituted "a pay grade below E–6" for "pay grade E–4 or E–5" and struck out "for members serving in pay grades E–4 and E–5" after "availability of quarters". Law text · (f)
• Pub. L. 118–159, §622(3), struck out subpar. (D) which read as follows: Law text · (f)

2023

• Pub. L. 118–31, §622, substituted period at end for "and shall be based on the following: Law text · (b)
• Pub. L. 118–31, §613(e)(1), substituted "December 31, 2024" for "December 31, 2023". Law text · (b)
• Pub. L. 118–31, §613(e)(2), added subpar. (C) and struck out former subpar. (C) which read as follows: "This paragraph shall cease to be effective on December 31, 2023." Law text · (b)
• Pub. L. 118–31, §623(1), substituted "subparagraphs (B), (C), and (D)" for "subparagraphs (B) and (C)". Law text · (f)
• Pub. L. 118–31, §623(2), added subpar. (D). Law text · (f)
• Pub. L. 118–31, §624, substituted "Except in the case of a member of a reserve component without dependents who is called or ordered to active duty to attend training for at least 140 days but fewer than 365 days, paragraphs" for "Paragraphs". Law text · (g)

2022

• Pub. L. 117–263, §601(e)(1), substituted "December 31, 2023" for "December 31, 2022". Law text · (b)
• Pub. L. 117–263, §612, which directed substitution of "2024" for "2022" could not be executed because of the intervening amendment by Pub. L. 117–263, §601(e)(2), See below. Law text · (b)
• Pub. L. 117–263, §601(e)(2), substituted "December 31, 2023" for "September 30, 2022". Law text · (b)
• Pub. L. 117–263, §626(h)(1)(A), substituted 'section 452" for "section 476". Law text · (d)
• Pub. L. 117–263, §626(h)(1)(B)(i), substituted "section 452" for "section 474". Law text · (g)
• Pub. L. 117–263, §626(h)(1)(B)(ii), substituted "section 453(c)" for "section 476". Law text · (g)
• Pub. L. 117–263, §613(a), added subsec. (m) and redesignated former subsecs. (m) and (n) as (n) and (o). Former subsec. (o) redesignated (p). Law text · (m), (n), (o)
• Pub. L. 117–263, §§613(a), 614, redesignated subsec. (o) as (p), substituted "Certain" for "Low-Cost and No-Cost" in heading, designated existing provisions as par. (1), and added par. (2). Former subsec. (p) redesignated (q). Law text · (p)
• Pub. L. 117–263, §613(a), redesignated subsec. (p) as (q). Law text · (q)

2021

• Pub. L. 117–81 substituted "December 31, 2022" for "December 31, 2021". Law text · (b)
• Pub. L. 116–283, §611(e), substituted "December 31, 2021" for "December 31, 2020". Law text · (b)
• Pub. L. 116–283, §603, added subsec. (p). Law text · (p)

2019

• Pub. L. 116–92, §611(e), substituted "December 31, 2020" for "December 31, 2019". Law text · (b)
• Pub. L. 116–92, §605, added par. (8). Law text · (b)

2018

• Pub. L. 115–232 substituted "December 31, 2019" for "December 31, 2018". Law text · (b)

2017

• Pub. L. 115–91 substituted "December 31, 2018" for "December 31, 2017". Law text · (b)

2016

• Pub. L. 114–328 substituted "December 31, 2017" for "December 31, 2016". Law text · (b)

2015

• Pub. L. 114–92, §603, substituted "may not exceed the following:" for "may not exceed one percent." and added cls. (i) to (v). Law text · (b)
• Pub. L. 114–92, §604, substituted "December 31, 2016" for "December 31, 2015". Law text · (b)

2014

• 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. Law text · (b)
• Pub. L. 113–291, §602, substituted "December 31, 2015" for "December 31, 2014". Law text · (b)

2013

• Pub. L. 113–66 substituted "December 31, 2014" for "December 31, 2013". Law text · (b)
• Pub. L. 112–239, §602, substituted "December 31, 2013" for "December 31, 2012". Law text · (b)
• 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. Law text · (d)
• 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, … Law text · (f)
• 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. Law text · (g), (3)
• Pub. L. 112–239, §604(a), added par. (6). Law text · (g)

2011

• Pub. L. 112–81, §601, substituted "December 31, 2012" for "December 31, 2009". Law text · (b)
• Pub. L. 112–81, §631(f)(4)(A), as amended by Pub. L. 112–239, §1076(a)(9), substituted "476" for "406". Law text · (d)
• Pub. L. 112–81, §631(f)(4)(A), as amended by Pub. L. 112–239, §1076(a)(9), substituted "474" for "404". Law text · (g)
• Pub. L. 112–81, §631(f)(4)(A), as amended by Pub. L. 112–239, §1076(a)(9), substituted "476" for "406". Law text · (g)

2008

• Pub. L. 110–181, §603(b), substituted "December 31, 2009" for "December 31, 2008". Law text · (b)
• 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. Law text · (g)

2006

• Pub. L. 109–163, §609(a), added par. (7). Law text · (b)
• 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. Law text · (g)
• Pub. L. 109–364, §604(a)(2), added par. (2). Former par. (2) redesignated (3). Law text · (g)
• 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). Law text · (g)
• Pub. L. 109–163, §610(a)(2), added par. (3). Former par. (3) redesignated (4). Law text · (g)
• Pub. L. 109–364, §604(a)(1), redesignated par. (3) as (4). Former par. (4) redesignated (5). Law text · (g)
• Pub. L. 109–163, §610(a)(1), (3), redesignated par. (3) as (4) and substituted "30 days or less" for "less than 140 days". Law text · (g)
• Pub. L. 109–364, §604(a)(1), redesignated par. (4) as (5). Law text · (g)
• Pub. L. 109–163, §611, substituted "365 days" for "180 days" wherever appearing. Law text · (l)
• Pub. L. 109–364, §605(a), added par. (3) and redesignated former par. (3) as (4). Law text · (l), (4)

2005

• Pub. L. 109–13, §1022, temporarily substituted "365 days" for "180 days" wherever appearing. See Effective and Termination Dates of 2005 Amendments note below. Law text · (l)

2004

• Pub. L. 108–375, §604(1), substituted "Do Not" for "Are Unable To" in heading. Law text · (d)
• Pub. L. 108–375, §603(1), substituted "may be paid" for "is entitled to". Law text · (d)
• Pub. L. 108–375, §604(2), added subpar. (C). Law text · (d)
• 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 rec… Law text · (d)

2003

• 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 a… Law text · (f)

2002

• Pub. L. 107–314, §602(1), redesignated par. (7) as subsec. (o). Law text · (b)
• Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation" wherever appearing. Law text · (f), (l)
• 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 U… Law text · (o)

2001

• 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". Law text · (i)

2000

• Pub. L. 106–398, §1 [[div. A], title VI, §605(a)(3)], added par. (1). Former par. (1) redesignated (2). Law text · (b)
• 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." Law text · (b)
• 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 … Law text · (b)
• 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 … Law text · (b)
• Pub. L. 106–398, §1 [[div. A], title VI, §607(b)], added par. (5). Law text · (b)
• 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 … Law text · (b)
• 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". Law text · (b)
• Pub. L. 106–398, §1 [[div. A], title VI, §605(c)(2)], struck out "without dependents" after "In the case of a member". Law text · (b)
• 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 m… Law text · (d)
• 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. Law text · (f)
• Pub. L. 106–398, §1 [[div. A], title X, §1087(b)(2)], substituted "regulations" for "regulation". Law text · (f)
• Pub. L. 106–398, §1 [[div. A], title VI, §608(b)], substituted "E–3" for "E–4". Law text · (m)

1998

• Pub. L. 105–261 added par. (3). Law text · (c)

1997

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

1996

• 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). Law text · (b)
• Pub. L. 104–201, §605, substituted "Subject to the provisions of subsection (j), a member" for "A member". Law text · (b)
• 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 servic… Law text · (c)
• Pub. L. 104–106, §604(a), substituted "E–6" for "E–7" in first sentence and "E–5" for "E–6" in second sentence. Law text · (c)

1994

• Pub. L. 103–337 substituted "180 days" for "90 days" wherever appearing. · (l)

1991

• Pub. L. 102–190, §604(a)(1), designated existing provisions as par. (1) and added par. (2). · (a)
• Pub. L. 102–25, §702(b)(1), struck out "of this section" after "subsection (j)". · (b)
• Pub. L. 102–190, §632(a), designated existing provisions as par. (1) and added par. (2). · (d)
• Pub. L. 102–190, §604(a)(2), substituted "Secretary of Defense shall" for "President may". · (j)
• Pub. L. 102–25, §702(b)(1), struck out "of this section" after "subsection (b)". · (j)
• Pub. L. 102–190, §602(a), added subsec. (m). · (m)

1987

• Pub. L. 100–26 substituted "armed forces" for "Armed Forces". · (l)

1985

• Pub. L. 99–145, §1303(b)(6), inserted "or as otherwise prescribed by law" after "of this title". · (a)
• Pub. L. 99–145, §604(a), inserted provision permitting the allowance authorized by this section to be paid in advance. · (a)
• 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 i… · (c)
• 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 sta… · (c)
• 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. · (c)
• Pub. L. 99–145, §809(b), substituted "25-year period" for "15-year period". · (k)
• Pub. L. 99–227 added subsec. (l). · (l)

1984

• Pub. L. 98–525, §602(c)(2), struck out "; variable housing allowance" in section catchline.
• 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. · (a)
• Pub. L. 98–525, §604(a), inserted reference to training missions. · (j)

1983

• 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). · (a), (D)

1981

• Pub. L. 97–22 substituted "pay grade E–6" for "pay grade F–6". · (b)

1980

• Pub. L. 96–343, §4(a)(2), substituted "for quarters; variable housing allowance" for "for quarters" in section catchline.
• Pub. L. 96–343, §4(a)(1), designated existing provisions as par. (1) and added par. (2). · (a)
• 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… · (b)
• 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 nonentitleme… · (c)
• Pub. L. 96–513, §516(10)(A), substituted "National Oceanic and Atmospheric Administration" for "Environmental Science Services Administration". · (e)
• Pub. L. 96–579, §6(c), designated existing provisions as par. (1) and added par. (2). · (j)
• Pub. L. 96–513, §516(10)(B), substituted "terms" for "words". · (j)
• Pub. L. 96–579, §7, added subsec. (k). · (k)

1974

• 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. · (a)

1973

• Pub. L. 93–64, §105(1), (2), substituted in table provisions reading: · (a)
• Pub. L. 93–64, §105(3), in second sentence substituted reference to subsection "(j)" for "(g)". · (b)
• Pub. L. 93–64, §105(4), (5), added subsecs. (g) to (i) and redesignated former subsec. (g) as (j). · (g), (h), (i), (j)

1971

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

1967

• 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 s… · (f)

1966

• Pub. L. 89–718 increased the quarters allowances as shown on the table. Prior to this amendment the table was set out as follows: · (a)
• Pub. L. 89–718 substituted "Environmental Science Services Administration" for "Coast and Geodetic Survey". · (e)

1963

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