37 U.S.C. §§ 402–403b

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 470; Pub. L. 89–444, § 2(2), June 9, 1966, 80 Stat. 198; Pub. L. 93–419, § 3(1)–(5), Sept. 19, 1974, 88 Stat. 1152; Pub. L. 96–513, title IV, § 411, Dec. 12, 1980, 94 Stat. 2905; Pub. L. 98–94, title IX, § 908(a), Sept. 24, 1983, 97 Stat. 637; Pub. L. 98–525, title VI, § 605, Oct. 19, 1984, 98 Stat. 2537; Pub. L. 98–557, § 17(d), Oct. 30, 1984, 98 Stat. 2868; Pub. L. 99–145, title XIII, § 1303(b)(5), Nov. 8, 1985, 99 Stat. 740; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–106, div. A, title VI, § 602(a)–(c)(1), Feb. 10, 1996, 110 Stat. 356, 357; Pub. L. 105–85, div. A, title VI, § 602(a), Nov. 18, 1997, 111 Stat. 1771; Pub. L. 105–261, div. A, title VI, § 604(a), Oct. 17, 1998, 112 Stat. 2037; Pub. L. 106–398, § 1 [[div. A], title VI, § 603(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–144, 1654A–145; Pub. L. 107–107, div. A, title VI, § 604(a), Dec. 28, 2001, 115 Stat. 1133; Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title VI, § 603, Dec. 2, 2002, 116 Stat. 2566; Pub. L. 108–136, div. A, title VI, § 604, title X, § 1045(b)(2), Nov. 24, 2003, 117 Stat. 1499, 1612; Pub. L. 109–163, div. A, title VI, § 607(a), Jan. 6, 2006, 119 Stat. 3288; Pub. L. 109–364, div. A, title VI, § 603(a), Oct. 17, 2006, 120 Stat. 2245; Pub. L. 110–181, div. A, title VI, § 614(h), Jan. 28, 2008, 122 Stat. 149; Pub. L. 110–417, [div. A], title VI, § 602, Oct. 14, 2008, 122 Stat. 4483; Pub. L. 119–60, div. A, title VI, § 621(a)(1), Dec. 18, 2025, 139 Stat. 908.)

In subsection (a), the words “in the amount set forth in subsection (d)” are substituted for the words “in such amounts . . . as are provided in this section”.

In subsection (b), the words “on a daily basis” are substituted for the last sentence of section 251(a) of existing title 37. The words “United States” are substituted for the word “Government”, in the 2d sentence of section 251(a) of existing title 37, section 251(b) of existing title 37, and section 251(e) of existing title 37. The word “confined” is substituted for the word “sick” for clarity. The last 16 words of the third sentence are substituted for section 251(b) (proviso) of existing title 37. The fourth sentence is substituted for section 251(a) of existing title 37. The last sentence is substituted for section 301(a) (45 words before proviso) of existing title 37 and section 301(e) (less applicability to basic pay, incentive pay, administrative pay, and duty without pay). In that sentence, the words “of a reserve component of a uniformed service, or of the National Guard” are substituted for the enumeration of the organizations concerned.

In subsection (c), the words “who are entitled to basic pay” are inserted to reflect the 1st sentence of section 251(a) of existing title 37.

In subsection (d), the reference in section 251(a) of existing title 37 to the allowance of $1.05 per day for enlisted members granted permission to mess separately is omitted as superseded by section 251a.

In subsection (e), the words “Effective April 15, 1955,” are omitted as executed. The words “United States” are substituted for the word “Government”. The words “messing facilities” are substituted for the word “messes” to conform to subsections (b) and (d).

Editorial Notes

Amendments

2025—Subsec. (b)(1). Pub. L. 119–60, § 621(a)(1)(A), added par. (1) and struck out former par. (1) which related to the monthly rate of basic allowance for subsistence to be in effect for an enlisted member.

Subsec. (b)(3). Pub. L. 119–60, § 621(a)(1)(B), struck out par. (3) which read as follows: “For purposes of implementing paragraph (1), the monthly rate of basic allowance for subsistence that was in effect for an enlisted member for calendar year 2001 is deemed to be $233.”

2008—Subsec. (h)(1). Pub. L. 110–417, § 602(1), struck out before period at end “during any month covered by paragraph (3) in which the member is entitled to a basic allowance for subsistence under this section”.

Subsec. (h)(3). Pub. L. 110–417, § 602(2), struck out par. (3) which read as follows: “This subsection shall apply to months beginning during the period beginning on October 1, 2005, and ending on December 31, 2008.”

Pub. L. 110–181 substituted “December 31, 2008” for “December 31, 2007”.

2006—Subsec. (h). Pub. L. 109–163, § 607(a)(2), added subsec. (h). Former subsec. (h) redesignated (i).

Subsec. (h)(3). Pub. L. 109–364 substituted “December 31, 2007” for “December 31, 2006”.

Subsec. (i). Pub. L. 109–163, § 607(a)(1), redesignated subsec. (h) as (i).

2003—Subsec. (b)(1). Pub. L. 108–136, § 1045(b)(2)(A)(i)–(iii), redesignated par. (2) as (1), substituted “The” for “On and after January 1, 2002, the”, and struck out former par. (1) which read as follows: “Through December 31, 2001, the monthly rate of basic allowance for subsistence to be in effect for an enlisted member for a year (beginning on January 1 of that year) shall be the amount that is halfway between the following amounts, which are determined by the Secretary of Agriculture as of October 1 of the preceding year:

“(A) The amount equal to the monthly cost of a moderate-cost food plan for a male in the United States who is between 20 and 50 years of age.”

“(B) The amount equal to the monthly cost of a liberal food plan for a male in the United States who is between 20 and 50 years of age.”

Subsec. (b)(2). Pub. L. 108–136, § 1045(b)(2)(A)(ii), redesignated par. (3) as (2). Former par. (2) redesignated (1).

Subsec. (b)(3), (4). Pub. L. 108–136, § 1045(b)(2)(A)(ii), (iv), redesignated par. (4) as (3) and substituted “paragraph (1)” for “paragraph (2)”. Former par. (3) redesignated (2).

Subsec. (d). Pub. L. 108–136, § 1045(b)(2)(B), substituted “subsection (b)(1)” for “subsection (b)(2)”.

Subsecs. (f) to (h). Pub. L. 108–136, § 604, added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.

2002—Subsec. (d). Pub. L. 107–314 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows:

“(1) In areas prescribed by the Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, an enlisted member described in paragraph (2) is entitled to not more than the pro rata allowance in effect under paragraph (1) or (2) of subsection (b) for each meal the member buys from a source other than a messing facility of the United States.

“(2) An enlisted member referred to in paragraph (1) is a member who is granted permission to mess separately and whose duties require the member to buy at least one meal from a source other than a messing facility of the United States.”

Pub. L. 107–296, which directed amendment of subsec. (d) by substituting “of Homeland Security” for “of Transportation”, could not be executed because the words “of Transportation” did not appear subsequent to amendment by Pub. L. 107–314, see above and Effective Date of 2002 Amendment note below.

2001—Subsec. (b)(4). Pub. L. 107–107 added par. (4).

2000—Subsec. (b)(1). Pub. L. 106–398, § 1 [[div. A], title VI, § 603(a)(1)], substituted “Through December 31, 2001, the monthly rate” for “The monthly rate” in introductory provisions.

Subsec. (b)(2), (3). Pub. L. 106–398, § 1 [[div. A], title VI, § 603(a)(2), (3)], added par. (2) and redesignated former par. (2) as (3).

Subsec. (d)(1). Pub. L. 106–398, § 1 [[div. A], title VI, § 603(b)], substituted “in effect under paragraph (1) or (2) of subsection (b)” for “established under subsection (b)(1)”.

1998—Subsecs. (e) to (g). Pub. L. 105–261 added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.

1997—Pub. L. 105–85 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (e) relating to basic allowance for subsistence for members of the uniformed services.

1996—Subsec. (b). Pub. L. 104–106, § 602(a), (b), designated first sentence as par. (1), redesignated former pars. (1), (2), and (3) as subpars. (A), (B), and (C), respectively, of par. (1), designated second to fourth sentences as par. (2), designated fifth and sixth sentences as par. (3), and added par. (4).

Subsec. (e)(1). Pub. L. 104–106, § 602(c)(1)(A), substituted “subsection (b)(2)” for “the third sentence of subsection (b)”.

Subsec. (e)(2). Pub. L. 104–106, § 602(c)(1)(B), substituted “subsection (b)(2)” for “subsection (b)”.

1991—Subsec. (e). Pub. L. 102–25 struck out “of this section” after “subsection (b)” in pars. (1) and (2).

1985—Subsec. (b). Pub. L. 99–145 inserted “or as otherwise prescribed by law” after “title” at end of fourth sentence.

1984—Subsec. (b). Pub. L. 98–525 inserted “The Secretary concerned may provide an enlisted member who could be provided rations in kind under the preceding sentence with a commutation when rations in kind are not available.”

Subsec. (d). Pub. L. 98–557 inserted provisions relating to Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy.

1983—Subsec. (e). Pub. L. 98–94 designated existing provisions as par. (1) and added par. (2).

1980—Subsec. (b). Pub. L. 96–513, § 411(a), inserted provisions authorizing an allowance while performing travel under orders, and struck out provisions prohibiting an allowance while being subsisted at the expense of United States.

Subsec. (e). Pub. L. 96–513, § 411(b), inserted reference to definitions of “field duty” and “sea duty”.

1974—Subsec. (a). Pub. L. 93–419, § 3(1), struck out “this section or by another” after “otherwise provided by” and substituted “as set forth in this section” for “in the amount set forth in subsection (d) of this section”.

Subsec. (b). Pub. L. 93–419, § 3(2), substituted provisions for allowance for enlisted members authorized to receive basic allowance for subsistence under this subsection by reference to section 1009 of this title for provisions for allowance for enlisted members on leave or were authorized to mess separately at an amount equal to the cost of ration to be determined by the Secretary of Defense.

Subsec. (c). Pub. L. 93–419, § 3(3), inserted reference to section 1009 of this title in provisions relating to the amount of basic allowance for subsistence.

Subsecs. (d) to (f). Pub. L. 93–419, § 3(4), (5), struck out subsec. (d) which related to basic allowance for subsistence for members of the uniformed services, and redesignated subsecs. (e) and (f) as (d) and (e), respectively.

1966—Subsec. (c). Pub. L. 89–444 extended to aviation cadets of the Coast Guard the entitlement to the same basic allowance for subsistence as is provided for an officer of the Coast Guard.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.

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 1997 Amendment

Pub. L. 105–85, div. A, title VI, § 602(g), Nov. 18, 1997, 111 Stat. 1775, provided that: “This section [amending this section, section 404 of this title, and section 6081 of Title 10, Armed Forces, and enacting provisions set out as a note below] and the amendments made by this section shall take effect on January 1, 1998.”

Effective Date of 1984 Amendment

Pub. L. 98–525, title VI, § 605, Oct. 19, 1984, 98 Stat. 2537, provided that the amendment made by that section is effective Oct. 1, 1984.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by section 411 of Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

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.

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.

Rate for Enlisted Members When Messing Facilities Not Available

Pub. L. 107–107, div. A, title VI, § 604(b), Dec. 28, 2001, 115 Stat. 1133, provided that: Notwithstanding section 402 of title 37, United States Code, the Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, may prescribe a rate of basic allowance for subsistence to apply to enlisted members of the uniformed services when messing facilities of the United States are not available. The rate may be higher than the rate of basic allowance for subsistence that would otherwise be applicable to the members under that section, but may not be higher than the highest rate that was in effect for enlisted members of the uniformed services under those circumstances before the date of the enactment of this Act [Dec. 28, 2001]. Paragraph (1) shall cease to be effective on the first day of the first month for which the basic allowance for subsistence calculated for enlisted members of the uniformed services under section 402 of title 37, United States Code, exceeds the rate of the basic allowance for subsistence prescribed under paragraph (1).”

Transitional Authority To Provide Basic Allowance for Subsistence

Pub. L. 107–107, div. A, title VI, § 604(c), Dec. 28, 2001, 115 Stat. 1134, provided that: “Notwithstanding the repeal of subsections (c) through (f) of section 602 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 37 U.S.C. 402 note) by section 603(c) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–145) [see below], the basic allowance for subsistence shall be paid in accordance with such subsections for October, November, and December of 2001.”

Pub. L. 105–85, div. A, title VI, § 602(c)–(f), Nov. 18, 1997, 111 Stat. 1772, as amended by Pub. L. 105–261, div. A, title VI, § 604(b), Oct. 17, 1998, 112 Stat. 2038; Pub. L. 106–398, § 1 [[div. A, title X, § 1087(e)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–293, which provided that a basic allowance for subsistence was to be paid to members of the uniformed services according to the conditions and at the rates provided in this note and not under the authority of this section during the period beginning on Jan. 1, 1998, and ending on the first day of the month immediately following the first month for which the monthly equivalent of the rate of basic allowance for subsistence payable to enlisted members of the uniformed services determined under this note was equal to or exceeded by the amount that would otherwise have been the monthly rate of basic allowance for subsistence under subsec. (b)(1) of this section, was repealed by Pub. L. 106–398, § 1 [[div. A, title VI, § 603(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–145, effective Oct. 1, 2001.

Increase in Basic Allowance for Subsistence

Pub. L. 96–343, § 7, Sept. 8, 1980, 94 Stat. 1128, provided that: “Effective September 1, 1980, the rates of basic allowance for subsistence authorized by section 402 of title 37, United States Code, as in effect on the day before the date of the enactment of this Act [Sept. 8, 1980] (as prescribed by the President under section 1009 of such title), are increased by 10 percent.”

Executive Documents

Executive Order No. 10119

Ex. Ord. No. 10119, Mar. 30, 1950, 15 F.R. 1767, as amended by 1953 Reorg. Plan No. 1, §§ 5, 8, Apr. 11, 1953, 18 F.R. 2053; Ex. Ord. No. 10605, Apr. 22, 1955, 20 F.R. 2747, which related to regulations governing basic allowance for subsistence, 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.

Regulations Relating to Subsistence Allowance

Regulations relating to basic allowance for subsistence, see Ex. Ord. No. 11157, June 22, 1964, 29 F.R. 7973, formerly set out as a note under section 301 of this title.

(Added Pub. L. 106–398, § 1 [[div. A], title VI, § 604(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–145; amended Pub. L. 107–107, div. A, title VI, § 604(d), Dec. 28, 2001, 115 Stat. 1134; Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–375, div. A, title VI, § 602(a), (b), Oct. 28, 2004, 118 Stat. 1943; Pub. L. 109–163, div. A, title VI, § 608, Jan. 6, 2006, 119 Stat. 3289; Pub. L. 109–364, div. A, title X, § 1071(c)(6), (e)(4), Oct. 17, 2006, 120 Stat. 2401; Pub. L. 110–234, title IV, § 4002(b)(1)(A), (B), (2)(T), May 22, 2008, 122 Stat. 1095–1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(A), (B), (2)(T), June 18, 2008, 122 Stat. 1664, 1857, 1858; Pub. L. 111–84, div. A, title VI, § 602(a), Oct. 28, 2009, 123 Stat. 2347; Pub. L. 112–81, div. A, title X, § 1063(a), Dec. 31, 2011, 125 Stat. 1586; Pub. L. 114–92, div. A, title VI, § 602, Nov. 25, 2015, 129 Stat. 836; Pub. L. 114–328, div. A, title VI, § 618(h)(2), Dec. 23, 2016, 130 Stat. 2160.)

Editorial Notes

References in Text

The Richard B. Russell National School Lunch Act, referred to in subsec. (f)(2)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables.

The Child Nutrition Act of 1966, referred to in subsec. (f)(2)(B), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 1771 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1771 of Title 42 and Tables.

The Head Start Act, referred to in subsec. (f)(2)(C), is subchapter B (§ 635 et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of Title 42 and Tables.

The Child Care and Development Block Grant Act of 1990, referred to in subsec. (f)(2)(D), is subchapter C (§ 658A et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, as added by Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–236, which is classified generally to subchapter II–B (§ 9857 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 9857(a) of Title 42 and Tables.

The Low-Income Home Energy Assistance Act of 1981, referred to in subsec. (f)(3), is title XXVI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 893, which is classified principally to subchapter II (§ 8621 et seq.) of chapter 94 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 8621 of Title 42 and Tables.

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2016—Subsec. (b)(3)(B). Pub. L. 114–328 inserted “or 351” after “section 310”.

2015—Subsec. (b)(1). Pub. L. 114–92, § 602(1), inserted “and paragraph (4)” after “subsection (d)”.

Subsec. (b)(4). Pub. L. 114–92, § 602(2), added par. (4).

2011—Subsecs. (f) to (h). Pub. L. 112–81 redesignated subsecs. (g) and (h) as (f) and (g), respectively, and struck out former subsec. (f). Prior to amendment, text of subsec. (f) read as follows: “Not later than March 1 of each year after 2001, the Secretary of Defense shall submit to Congress a report specifying the number of members of the armed forces who received, at any time during the preceding year, the supplemental subsistence allowance. In preparing the report, the Secretary of Defense shall consult with the Secretary of Homeland Security, with respect to the Coast Guard.”

2009—Subsec. (a)(2), (3)(B). Pub. L. 111–84 substituted “$1,100” for “$500”.

2008—Subsec. (a)(1), (3). Pub. L. 110–246, § 4002(b)(1)(A), (2)(T), substituted “supplemental nutrition assistance program” for “food stamp program”.

Subsec. (b)(1). Pub. L. 110–246, § 4002(b)(1)(A), (B), (2)(T), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977” and “supplemental nutrition assistance program” for “food stamp program”.

Subsec. (h)(2). Pub. L. 110–246, § 4002(b)(1)(B), (2)(T), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”.

Subsec. (h)(3). Pub. L. 110–246, § 4002(b)(1)(A), (B), (2)(T), substituted “supplemental nutrition assistance program” for “food stamp program” and “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”.

2006—Subsec. (b)(3)(B). Pub. L. 109–364, § 1071(c)(6), substituted “title” for “section”.

Subsec. (f). Pub. L. 109–163, § 608(b), as amended by Pub. L. 109–364, § 1071(e)(4), substituted “Secretary of Homeland Security, with respect to the Coast Guard” for “Secretary of Transportation” and struck out at end “No report is required under this subsection after March 1, 2006.”

Subsec. (i). Pub. L. 109–163, § 608(a), struck out heading and text of subsec. (i). Text read as follows: “No supplemental subsistence allowance may be provided under this section after September 30, 2006.”

2004—Subsec. (b)(2). Pub. L. 108–375, § 602(a)(1), substituted “concerned” for dash after “Secretary” and struck out “(A) shall not take into consideration the amount of the supplemental subsistence allowance payable under this section; but” and subpar. (B) designation before “shall take”.

Subsec. (b)(3). Pub. L. 108–375, § 602(a)(2), added par. (3).

Subsecs. (g) to (i). Pub. L. 108–375, § 602(b), added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively.

2002—Subsec. (g)(1)(B). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

2001—Subsec. (b)(1). Pub. L. 107–107 inserted “with dependents” after “a member of the armed forces”.

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Pub. L. 111–84, div. A, title VI, § 602(b), Oct. 28, 2009, 123 Stat. 2347, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on October 1, 2009, and shall apply with respect to monthly supplemental subsistence allowances for low-income members with dependents payable on or after that date.”

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Amendment by section 4002(b)(1)(A), (B), (2)(T) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.

Effective Date of 2006 Amendment

Pub. L. 109–364, div. A, title X, § 1071(e), Oct. 17, 2006, 120 Stat. 2401, provided that the amendment made by section 1071(e)(4) is effective as of Jan. 6, 2006, and as if included in Pub. L. 109–163 as enacted.

Effective Date of 2004 Amendment

Pub. L. 108–375, div. A, title VI, § 602(c), Oct. 28, 2004, 118 Stat. 1944, provided that: “The amendments made by this section [amending this section] shall apply in determining, on or after the date of the enactment of this Act [Oct. 28, 2004], the eligibility of a person for a supplemental subsistence allowance under section 402a of title 37, United States Code, or for Federal assistance under a law specified in subsection (g) of such section, as so amended.”

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

Pub. L. 106–398, § 1 [[div. A], title VI, § 604(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–147, provided that: “Section 402a of title 37, United States Code, as added by subsection (a), shall take effect on the first day of the first month that begins not less than 180 days after the date of the enactment of this Act [Oct. 30, 2000].”

(Added Pub. L. 117–81, div. A, title VI, § 601(a), Dec. 27, 2021, 135 Stat. 1761; amended Pub. L. 117–263, div. A, title VI, § 611(a), Dec. 23, 2022, 136 Stat. 2622; Pub. L. 117–328, div. O, title II, § 201(a), Dec. 29, 2022, 136 Stat. 5226; Pub. L. 118–31, div. A, title VI, § 621(a), Dec. 22, 2023, 137 Stat. 293; Pub. L. 118–159, div. A, title VI, § 621, Dec. 23, 2024, 138 Stat. 1933.)

Editorial Notes

References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, referred to in subsecs. (i) and (j)(1), is the date of enactment of Pub. L. 117–81, which was approved Dec. 27, 2021.

Amendments

2024—Subsec. (b)(2). Pub. L. 118–159, § 621(a), struck out subpar. (A) designation before “the gross household income”, substituted “200 percent” for “150 percent” and “; and” for “; or”, and struck out subpar. (B) which read as follows: “if the Secretary concerned determines it appropriate (based on location, household need, or special circumstance), the gross household income of the member during the most recent calendar year did not exceed an amount equal to 200 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location of the member and the number of individuals in the household of the member for such year; and”.

Subsec. (c)(1)(A). Pub. L. 118–159, § 621(b), substituted “200 percent” for “150 percent (or, in the case of a member described in subsection (b)(2)(B), 200 percent)”.

2023—Subsec. (k)(1)(B). Pub. L. 118–31 inserted “or that otherwise has a demonstrated need” after “high cost of living”.

2022—Pub. L. 117–328, § 201(a)(1), made technical amendment to directory language of Pub. L. 117–263, § 611(a). See Amendment notes below.

Subsec. (b)(2). Pub. L. 117–263, § 611(a)(1), as amended by Pub. L. 117–328, § 201(a)(2), designated existing provisions as subpar. (A), substituted “150 percent” for “130 percent” and “; or” for “; and”, and added subpar. (B).

Subsec. (c)(1)(A). Pub. L. 117–263, § 611(a)(2), as amended by Pub. L. 117–328, § 201(a)(3), substituted “150 percent (or, in the case of a member described in subsection (b)(2)(B), 200 percent)” for “130 percent”.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–328, div. O, title II, § 201(b), Dec. 29, 2022, 136 Stat. 5227, provided that: “The amendments made by this section [amending section 611(a) of Pub. L. 117–263, which amended this section] shall take effect as if included in the enactment of such Act [meaning Pub. L. 117–263, approved Dec. 23, 2022].”

Implementation

Pub. L. 118–31, div. A, title VI, § 621(b), Dec. 22, 2023, 137 Stat. 293, provided that: “The Secretary of Defense shall revise the guidance issued with respect to implementation of the basic needs allowance under section 402b of title 37, United States Code, to reflect the amendment made by subsection (a) [amending this section].”

Pub. L. 117–263, div. A, title VI, § 611(b), Dec. 23, 2022, 136 Stat. 2622, provided that: “Not later than January 1, 2024, the Secretary concerned (as defined in section 101 of title 37, United States Code) shall modify the calculation of the basic needs allowance under section 402b of title 37, United States Code, to implement the amendments made by subsection (a) [amending this section].”

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 470; Pub. L. 88–132, § 10, Oct. 2, 1963, 77 Stat. 216; Pub. L. 89–718, §§ 49(a)(1), 54, Nov. 2, 1966, 80 Stat. 1121, 1122; Pub. L. 90–207, § 1(3), Dec. 16, 1967, 81 Stat. 651; Pub. L. 92–129, title II, § 204, Sept. 28, 1971, 85 Stat. 358; Pub. L. 93–64, title I, § 105, July 9, 1973, 87 Stat. 148; Pub. L. 93–419, § 3(6), Sept. 19, 1974, 88 Stat. 1152; Pub. L. 96–343, § 4(a)(1), (2), Sept. 8, 1980, 94 Stat. 1125; Pub. L. 96–513, title V, § 516(10), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96–579, §§ 6(a)–(c), 7, Dec. 23, 1980, 94 Stat. 3367, 3368; Pub. L. 97–22, § 11(b)(2), July 10, 1981, 95 Stat. 138; Pub. L. 98–94, title IX, § 907(a), Sept. 24, 1983, 97 Stat. 637; Pub. L. 98–525, title VI, §§ 602(c), 604(a), Oct. 19, 1984, 98 Stat. 2534, 2537; Pub. L. 99–145, title VI, §§ 604(a), 605(a), title VIII, § 809(b), title XIII, § 1303(b)(6), Nov. 8, 1985, 99 Stat. 638, 681, 740; Pub. L. 99–227, § 1, Dec. 28, 1985, 99 Stat. 1745; Pub. L. 100–26, § 8(d)(5), Apr. 21, 1987, 101 Stat. 285; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–190, div. A, title VI, §§ 602(a), 604(a), 632(a), Dec. 5, 1991, 105 Stat. 1373, 1374, 1380; Pub. L. 103–337, div. A, title VI, § 604(a), (b), Oct. 5, 1994, 108 Stat. 2782; Pub. L. 104–106, div. A, title VI, §§ 603(a), 604(a), Feb. 10, 1996, 110 Stat. 357, 358; Pub. L. 104–201, div. A, title VI, §§ 604(a)–(c), 605, Sept. 23, 1996, 110 Stat. 2540, 2541; Pub. L. 105–85, div. A, title VI, § 603(a), Nov. 18, 1997, 111 Stat. 1775; Pub. L. 105–261, div. A, title VI, § 603(a), Oct. 17, 1998, 112 Stat. 2037; Pub. L. 106–398, § 1 [[div. A], title VI, §§ 605(a)–(d), 607, 608, title X, § 1087(b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–147 to 1654A–149, 1654A–292; Pub. L. 107–107, div. A, title VI, § 605(a), Dec. 28, 2001, 115 Stat. 1134; Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title VI, § 602, Dec. 2, 2002, 116 Stat. 2566; Pub. L. 108–136, div. A, title VI, § 605(a), Nov. 24, 2003, 117 Stat. 1500; Pub. L. 108–375, div. A, title VI, §§ 603, 604, Oct. 28, 2004, 118 Stat. 1944; Pub. L. 109–13, div. A, title I, § 1022(a), May 11, 2005, 119 Stat. 251; Pub. L. 109–163, div. A, title VI, §§ 609(a), 610, 611, Jan. 6, 2006, 119 Stat. 3289, 3290; Pub. L. 109–364, div. A, title VI, §§ 604(a), 605(a), Oct. 17, 2006, 120 Stat. 2245, 2246; Pub. L. 110–181, div. A, title VI, §§ 602(a), 603(b), Jan. 28, 2008, 122 Stat. 145; Pub. L. 112–81, div. A, title VI, §§ 601, 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1447, 1465; Pub. L. 112–239, div. A, title VI, §§ 602, 603(a), 604(a), title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1773, 1774, 1948; Pub. L. 113–66, div. A, title VI, § 601, Dec. 26, 2013, 127 Stat. 779; Pub. L. 113–291, div. A, title VI, §§ 602, 604(a), Dec. 19, 2014, 128 Stat. 3397, 3398; Pub. L. 114–92, div. A, title VI, §§ 603, 604, Nov. 25, 2015, 129 Stat. 837; Pub. L. 114–328, div. A, title VI, § 603, Dec. 23, 2016, 130 Stat. 2156; Pub. L. 115–91, div. A, title VI, § 605, Dec. 12, 2017, 131 Stat. 1421; Pub. L. 115–232, div. A, title VI, § 611(e), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 116–92, div. A, title VI, §§ 605, 611(e), Dec. 20, 2019, 133 Stat. 1424, 1426; Pub. L. 116–283, div. A, title VI, §§ 603, 611(e), Jan. 1, 2021, 134 Stat. 3671, 3673; Pub. L. 117–81, div. A, title VI, § 611(e), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117–263, div. A, title VI, §§ 601(e), 612, 613(a), 614, 626(h)(1), Dec. 23, 2022, 136 Stat. 2620, 2623, 2629; Pub. L. 118–31, div. A, title VI, §§ 613(e), 622–624, Dec. 22, 2023, 137 Stat. 292–294; Pub. L. 118–159, div. A, title VI, §§ 611(e), 622, Dec. 23, 2024, 138 Stat. 1932, 1933; Pub. L. 119–60, div. A, title VI, § 611(e), Dec. 18, 2025, 139 Stat. 906.)

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”.

Editorial Notes

References in Text

The Servicemembers Civil Relief Act, referred to in subsec. (q), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, which is classified generally to chapter 50 (§ 3901 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see section 3901 of Title 50 and Tables.

Amendments

2025–Subsec. (b)(7)(E), (8)(C). Pub. L. 119–60 substituted “December 31, 2026” for “December 31, 2025”.

2024—Subsec. (b)(7)(E). Pub. L. 118–159, § 611(e)(1), substituted “December 31, 2025” for “December 31, 2024”.

Subsec. (b)(8)(C). 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.

Subsec. (f)(2)(A). Pub. L. 118–159, § 622(1), substituted “subparagraphs (B) and (C),” for “subparagraphs (B), (C), and (D),”.

Subsec. (f)(2)(B). 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”.

Subsec. (f)(2)(D). Pub. L. 118–159, § 622(3), struck out subpar. (D) which read as follows:

“(i) Under regulations prescribed by the Secretary concerned, the Secretary may authorize the payment of a basic allowance for housing to a member of a uniformed service without dependents who is serving in a pay grade below E–6 and has orders to a naval vessel during a shipyard availability or maintenance period.

“(ii) In prescribing regulations under clause (i), the Secretary concerned shall consider the availability of quarters for members serving in pay grades below E–6 before authorizing the payment of a basic allowance for housing for such members.”

2023—Subsec. (b)(5). Pub. L. 118–31, § 622, substituted period at end for “and shall be based on the following:

“(A) The average cost of a two-bedroom apartment in that military housing area.

“(B) One-half of the difference between the average cost of a two-bedroom townhouse in that area and the amount determined in subparagraph (A).”

Subsec. (b)(7)(E). Pub. L. 118–31, § 613(e)(1), substituted “December 31, 2024” for “December 31, 2023”.

Subsec. (b)(8)(C). 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.”

Subsec. (f)(2)(A). Pub. L. 118–31, § 623(1), substituted “subparagraphs (B), (C), and (D)” for “subparagraphs (B) and (C)”.

Subsec. (f)(2)(D). Pub. L. 118–31, § 623(2), added subpar. (D).

Subsec. (g)(3). 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”.

2022—Subsec. (b)(7)(E). Pub. L. 117–263, § 601(e)(1), substituted “December 31, 2023” for “December 31, 2022”.

Subsec. (b)(8)(C). 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.

Pub. L. 117–263, § 601(e)(2), substituted “December 31, 2023” for “September 30, 2022”.

Subsec. (d)(2)(A). Pub. L. 117–263, § 626(h)(1)(A), substituted ‘section 452” for “section 476”.

Subsec. (g)(2). Pub. L. 117–263, § 626(h)(1)(B)(i), substituted “section 452” for “section 474”.

Subsec. (g)(3). Pub. L. 117–263, § 626(h)(1)(B)(ii), substituted “section 453(c)” for “section 476”.

Subsecs. (m) to (o). 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).

Subsec. (p). 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).

Subsec. (q). Pub. L. 117–263, § 613(a), redesignated subsec. (p) as (q).

2021—Subsec. (b)(7)(E). Pub. L. 117–81 substituted “December 31, 2022” for “December 31, 2021”.

Pub. L. 116–283, § 611(e), substituted “December 31, 2021” for “December 31, 2020”.

Subsec. (p). Pub. L. 116–283, § 603, added subsec. (p).

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:

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:

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:

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.

Statutory Notes and Related Subsidiaries

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: General rule.—The amendments made by subsection (a) [amending this section] shall take effect on October 1, 2006. 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: The amendments made by this section [amending this section and provisions set out as a note below] shall take effect on October 1, 2000. 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. 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: The amendments made by paragraphs (1) and (2) of subsection (a) [amending this section] shall take effect on October 1, 1985. 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: 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. A member shall be entitled to receive a station housing allowance under section 475 [now 405] 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]— is assigned to a permanent duty station in Alaska or Hawaii; and is entitled to payment of a temporary lodging allowance or a station housing allowance under section 475 [now 405] of such title. 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— the date on which the member changes residence in conjunction with a permanent change of duty station; or 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]. 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. 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.

Improvements to Basic Allowance for Housing

Pub. L. 119–60, div. A, title VI, § 624, Dec. 18, 2025, 139 Stat. 909, provided that: Increasing Awareness.—The Secretary of Defense shall seek to improve transparency of the calculation of BAH by— developing a clear, accessible document that explains how rates of BAH are determined, including methodology and types of data sources used, which shall be— reviewed and updated not less frequently than annually and as rates and calculation methods change; and made available on a publicly accessible internet website and distributed across all relevant components of the Department of Defense; and providing to members of the Armed Forces when such members experience a permanent change of station, permanent change of assignment, change in dependency status, change in grade, or any other event that may impact the eligibility of such members for or rate of BAH— the information included in the document developed under paragraph (1); and an explanation of the type of rental housing the rate of BAH received by such members is intended to support in each locality.Study to Evaluate Alternative Rate Calculation.—Study.— In general.—Not later than September 30, 2026, the Secretary of Defense shall seek to enter into an agreement with a covered entity to conduct a study in which the covered entity— assesses the adequacy of the current BAH for MHAs selected under paragraph (3), including a review of the commuting times and distances of members of the Armed Forces and the overall affordability of housing in such MHAs; reviews existing methods of calculating BAH and proposes methods of calculating BAH described in paragraph (2) for MHAs selected under paragraph (3) that are more efficient and accurate than such existing methods, as appropriate; and evaluates the feasibility and advisability of using machine learning and artificial intelligence in the calculation of BAH and, if feasible and advisable, incorporates machine learning and artificial intelligence into the proposed methods described in clause (i). Rule of construction.—During the study conducted in accordance with subparagraph (A), the Secretary shall pay BAH in MHAs selected under paragraph (3) at rates prescribed under section 403 of title 37, United States Code. Proposed monthly rates.—A proposed monthly rate of BAH described in this paragraph— accurately reflects housing prices in the MHA subject to such rate; and is sufficient for military families who reside in such MHA to procure adequate and affordable housing. Mhas.—The Secretary shall select not fewer than 15 MHAs for the covered entity to evaluate in the study conducted in accordance with paragraph (1). In selecting MHAs for evaluation under such study, the Secretary shall consider factors including the following: Variety of geographic location. The ranks of members who reside in an MHA. Whether members who reside in an MHA have dependents. Economic factors including inflation, cost of living, and the cost of private mortgage insurance. Completion.—An agreement entered into under paragraph (1)(A) shall require the study conducted under such agreement to be completed not later than the date that is three years after the date on which the Secretary and the covered entity enter into such agreement. Annual briefings.—Not later than 180 days after the date of the enactment of this Act [Dec. 18, 2025], and on an annual basis thereafter until the completion of the study conducted in accordance with paragraph (1), the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the study under this section. Report.—Not later than 120 days after the date of the completion of the study conducted in accordance with paragraph (1), the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the results of such study. Such report shall include— an evaluation by the Secretary of the proposed methods of calculating BAH by a covered entity pursuant to an agreement under paragraph (1); and any recommendations of the Secretary for legislation to improve the methods of calculating BAH based on the study. Definitions.—In this section: The term ‘BAH’ means the basic allowance for housing for members of the uniformed services under section 403 of title 37, United States Code. The term ‘covered entity’ means an entity or combination of entities— with combined expertise in data analysis and machine learning and access to relevant data on local rental rates in real estate markets in the MHAs selected under subsection (b)(3); and that has not participated in anticompetitive price-fixing in a real estate market. The term ‘MHA’ means military housing area.”

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: 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). 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: 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. 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 Documents

Transfer of Functions

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.

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.

(Added Pub. L. 115–91, div. A, title VI, § 604(a)(1), Dec. 12, 2017, 131 Stat. 1419.)

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.”

(Added Pub. L. 103–337, div. A, title VI, § 602(a)(1), Oct. 5, 1994, 108 Stat. 2779; amended Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title VI, § 654(b)(2), Dec. 2, 2002, 116 Stat. 2582; Pub. L. 118–31, div. A, title VI, § 625, Dec. 22, 2023, 137 Stat. 294.)

Editorial Notes

Amendments

2023—Subsec. (c). Pub. L. 118–31 substituted “5 percent” for “8 percent” in second sentence and “may prescribe” for “shall prescribe” in third sentence.

2002—Subsec. (i)(5)(B). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

Subsec. (i)(6). Pub. L. 107–314 struck out par. (6) which read as follows: “The term ‘continental United States’ means the 48 contiguous States and the District of Columbia.”

Statutory Notes and Related Subsidiaries

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.

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.

OCONUS Cost of Living Allowance: Adjustments; Notice to Certain Congressional Committees

Pub. L. 117–263, div. A, title VI, § 617, Dec. 23, 2022, 136 Stat. 2624, as amended by Pub. L. 118–31, div. A, title VI, § 627, Dec. 22, 2023, 137 Stat. 294, provided that: Reductions.—The Secretary of Defense may reduce an OCONUS COLA in accordance with this subsection. Frequency.—The Secretary may not announce a reduction to an OCONUS COLA for a location outside the continental United States more than twice per calendar year. Maximum reduction.—A reduction to an OCONUS COLA may not exceed the lesser of— 10 OCONUS COLA index points; or the number of OCONUS COLA index points by which the cost of living of the permanent duty station of the covered member exceeds the average cost of living index in the continental United States. Limitations.—Paragraphs (1) and (2) shall not apply to a reduction on the basis of— a change in the rate of exchange of foreign currencies; or a permanent change of station for a covered member. Implementation.—The Secretary may phase in a reduction under this subsection. Increases.—The Secretary may increase an OCONUS COLA at any time. Reporting.—Not later than February 1 of each year, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding reductions and increases to OCONUS COLAs during the previous calendar year. Such report shall include the following elements: The areas outside the continental United States subject to such a reduction or increase. The previous and new amounts of an adjusted OCONUS COLA for a member with three dependents, 10 years of service, and in grade— E-6; and O-4. The number of OCONUS COLA index points by which a new OCONUS COLA index differs from such previous index. The number of members of the uniformed services affected by each such reduction or increase. The assessment of the Secretary of the calculation of an OCONUS COLA. In making such assessment, the Secretary shall consider factors including— Costs of local transportation in the area surrounding the duty station of a member. Costs of travel from such duty station to the United States. Other costs the Secretary determines appropriate. Definitions.—In this section: The term ‘continental United States’ has the meaning given such term in section 101 of title 37, United States Code. The term ‘covered member’ means a member of the uniformed services— who is assigned to a permanent duty station located outside the continental United States; or whose dependents reside outside the continental United States but not withing the vicinity to permanent duty station of such member. The term ‘OCONUS COLA’ means a cost-of-living allowance paid to a member of the uniformed services on the basis that such member is a covered member. The term ‘OCONUS COLA index’ means the index computed by the Secretary of the weighted average prices of goods and services (excluding housing costs) in a location outside the continental United States, relative to the weighted average of prices of the same goods and services in the continental United States. The term ‘OCONUS COLA index point’ means 1 percent of the OCONUS COLA index for the weighted average prices of goods and services (excluding housing costs) in a location in the continental United States.”

Conditions on Provision of Allowance

Pub. L. 103–337, div. A, title VI, § 602(b), Oct. 5, 1994, 108 Stat. 2781, provided that: A cost-of-living allowance under section 403b of title 37, United States Code, as added by subsection (a), may not be provided until after the end of the 90-day period beginning on the date the Secretary of Defense submits the report required under paragraph (2). Before implementing section 403b of title 37, United States Code, the Secretary of Defense, in consultation with the other administering Secretaries (as defined in subsection (h)(6) [probably should be (i)(5)] of such section), shall submit to Congress a report describing— the methods by which the Secretary of Defense would determine the price index to be used under such section and the types of nonhousing related costs that will be considered under such price index; the manner by which the Secretary will establish the threshold percentage for purposes of such section; the manner in which savings attributable to use of such military facilities as commissary stores, exchange stores, and military medical treatment facilities will be taken into consideration; and the methods by which the Secretary proposes to prevent uncontrolled growth in Government expenditures through the cost-of-living allowance available under such section.”

[Report submitted by Secretary of Defense on Mar. 31, 1995.]