---
kind: "range"
citation: "37 U.S.C. §§ 402–403b"
title: "37"
from: "402"
to: "403b"
count: 6
release: "119-102"
url: "https://uscodex.org/usc/37/402..403b"
---

# §402. Basic allowance for subsistence

- (a) **Entitlement to Allowance.—**
  - (1) Except as provided in [paragraph (2)](#a-2) or otherwise provided by law, each [member](/usc/37/101.md?p=23) of a uniformed service who is entitled to basic [pay](/usc/37/101.md?p=21) is entitled to a basic allowance for subsistence as set forth in this section.
  - (2) An [enlisted member](/usc/37/101.md?p=14) is not entitled to the basic allowance for subsistence during basic training.
- (b) **Rates of Allowance Based on Food Costs.—**
  - (1)
    - (A) The monthly rate of basic allowance for subsistence to be in effect for an [enlisted member](/usc/37/101.md?p=14) for a year (beginning on January 1 of that year) shall be equal to the monthly cost of a liberal food plan for a male in the [United States](/usc/37/101.md?p=1-A) who is between 19 and 50 years of age, as determined by the Secretary of Agriculture on October 1 of the preceding year.
    - (B) With respect to a [member](/usc/37/101.md?p=23) who is subject to monthly deduction from [pay](/usc/37/101.md?p=21) for meals under [section 1011(b) of this title](/usc/37/1011.md?p=b), the amount payable under [subparagraph (A)](#b-1-A) shall be reduced by the amount of such deduction from [pay](/usc/37/101.md?p=21), in accordance with policies prescribed by the Secretary of Defense.
    - (C) The monthly rate of basic allowance for subsistence to be in effect for an [enlisted member](/usc/37/101.md?p=14) for a year under [subparagraph (A)](#b-1-A) may not decrease relative to the rate in effect for the preceding year.
  - (2) The monthly rate of basic allowance for subsistence to be in effect for an [officer](/usc/37/101.md?p=11) for a year (beginning on January 1 of that year) shall be the amount equal to the monthly rate of basic allowance for subsistence in effect for [officers](/usc/37/101.md?p=11) for the preceding year, increased by the same percentage by which the rate of basic allowance for subsistence for [enlisted members](/usc/37/101.md?p=14) for the preceding year is increased effective on such January 1.
- (c) **Advance Payment.—** The allowance to an [enlisted member](/usc/37/101.md?p=14) may be paid in advance for a period of not more than three months.
- (d) **Special Rate for Enlisted Members Occupying Single Quarters Without Adequate Availability of Meals.—** The Secretary of Defense, and the Secretary of the department in which the Coast Guard is operating, may [pay](/usc/37/101.md?p=21) an [enlisted member](/usc/37/101.md?p=14) the basic allowance for subsistence under this section at a monthly rate that is twice the amount in effect under [subsection (b)(1)](#b-1) while—
  - (1) the [member](/usc/37/101.md?p=23) is assigned to single Government quarters which have no adequate food storage or preparation facility in the quarters; and
  - (2) there is no Government messing facility serving those quarters that is capable of making meals available to the occupants of the quarters.
- (e) **Special Rule for Certain Enlisted Reserve Members.—** Unless entitled to basic [pay](/usc/37/101.md?p=21) under [section 204 of this title](/usc/37/204.md), an [enlisted member](/usc/37/101.md?p=14) of a [reserve component](/usc/37/101.md?p=24) may receive, at the discretion of the [Secretary concerned](/usc/37/101.md?p=5), rations in kind, or a part thereof, when the [member](/usc/37/101.md?p=23)’s instruction or duty periods, as described in [section 206(a) of this title](/usc/37/206.md?p=a), total at least 8 hours in a calendar day. The [Secretary concerned](/usc/37/101.md?p=5) may provide an [enlisted member](/usc/37/101.md?p=14) who could be provided rations in kind under the preceding sentence with a commutation when rations in kind are not available.
- (f) **Special Rule for High-Cost Duty Locations and Other Unique and Unusual Circumstances.—** The Secretary of Defense may authorize a [member](/usc/37/101.md?p=23) of the [armed forces](/usc/37/101.md?p=4) who is not entitled to the meals portion of the per diem in connection with an assignment in a high-cost duty location or under other unique and unusual circumstances, as determined by the Secretary, to receive any or all of the following:
  - (1) Meals at no cost to the [member](/usc/37/101.md?p=23), regardless of the entitlement of the [member](/usc/37/101.md?p=23) to a basic allowance for subsistence under [subsection (a)](#a).
  - (2) A basic allowance for subsistence at the standard rate, regardless of the entitlement of the [member](/usc/37/101.md?p=23) for all meals or select meals during the duty day.
  - (3) A supplemental subsistence allowance at a rate higher than the basic allowance for subsistence rates in effect under this section, regardless of the entitlement of the [member](/usc/37/101.md?p=23) for all meals or select meals during the duty day.
- (g) **Policies on Use of Dining and Messing Facilities.—** The Secretary of Defense, in consultation with the Secretaries concerned, shall prescribe policies regarding use of dining and field messing facilities of the [uniformed services](/usc/37/101.md?p=3).
- (h) **No Payment for Meals Received at Military Treatment Facilities.—**
  - (1) A [member](/usc/37/101.md?p=23) of the [armed forces](/usc/37/101.md?p=4) who is undergoing medical recuperation or therapy, or is otherwise in the status of continuous care, including outpatient care, at a military treatment facility for an injury, illness, or disease described in [paragraph (2)](#h-2) shall not be required to [pay](/usc/37/101.md?p=21) any charge for meals provided to the [member](/usc/37/101.md?p=23) by the military treatment facility.
  - (2) [Paragraph (1)](#h-1) applies with respect to an injury, illness, or disease incurred or aggravated by a [member](/usc/37/101.md?p=23) while the [member](/usc/37/101.md?p=23) was serving on [active duty](/usc/37/101.md?p=18)—
    - (A) in support of Operation Iraqi Freedom or Operation Enduring Freedom; or
    - (B) in any other operation designated by the Secretary of Defense as a combat operation or in an area designated by the Secretary as a combat zone.
- (i) **Regulations.—**
  - (1) The Secretary of Defense shall prescribe regulations for the administration of this section. Before prescribing the regulations, the Secretary shall consult with each [Secretary concerned](/usc/37/101.md?p=5).
  - (2) The regulations shall include the specific rates of basic allowance for subsistence required by [subsection (b)](#b).

# §402a. Supplemental subsistence allowance for low-income members with dependents

- (a) **Supplemental Allowance Required.—**
  - (1) The [Secretary concerned](#g-1) shall increase the basic allowance for subsistence to which a [member](/usc/37/101.md?p=23) of the [armed forces](/usc/37/101.md?p=4) described in [subsection (b)](#b) is otherwise entitled under [section 402 of this title](/usc/37/402.md) by an amount (in this section referred to as the “supplemental subsistence allowance”) designed to remove the [member](/usc/37/101.md?p=23)’s [household](#g-2) from eligibility for benefits under the [supplemental nutrition assistance program](#g-3).
  - (2) The supplemental subsistence allowance may not exceed $1,100 per month. In establishing the amount of the supplemental subsistence allowance to be paid an eligible [member](/usc/37/101.md?p=23) under this paragraph, the Secretary shall take into consideration the amount of the basic allowance for housing that the [member](/usc/37/101.md?p=23) receives under [section 403 of this title](/usc/37/403.md) or would otherwise receive under such section, in the case of a [member](/usc/37/101.md?p=23) who is not entitled to that allowance as a result of assignment to quarters of the [United States](/usc/37/101.md?p=1-A) or a housing facility under the jurisdiction of a uniformed service.
  - (3) In the case of a [member](/usc/37/101.md?p=23) described in [subsection (b)](#b) who establishes to the satisfaction of the [Secretary concerned](#g-1) that the [allotment](#g-2) of the [member](/usc/37/101.md?p=23)’s [household](#g-2) under the [supplemental nutrition assistance program](#g-3), calculated in the absence of the supplemental subsistence allowance, would exceed the amount established by the [Secretary concerned](#g-1) under [paragraph (2)](#a-2), the amount of the supplemental subsistence allowance for the [member](/usc/37/101.md?p=23) shall be equal to the lesser of the following:
    - (A) The value of that [allotment](#g-2).
    - (B) $1,100.
- (b) **Members Entitled to Allowance.—**
  - (1) Subject to [subsection (d)](#d) and [paragraph (4)](#b-4), a [member](/usc/37/101.md?p=23) of the [armed forces](/usc/37/101.md?p=4) with [dependents](/usc/37/401.md?p=a) is entitled to receive the supplemental subsistence allowance if the [Secretary concerned](#g-1) determines that the [member](/usc/37/101.md?p=23)’s income, together with the income of the rest of the [member](/usc/37/101.md?p=23)’s [household](#g-2) (if any), is within the highest income standard of eligibility, as then in effect under section 5(c) of the Food and Nutrition Act of 2008 ([7 U.S.C. 2014(c)](/usc/7/2014.md?p=c)) and without regard to [paragraph (1)](/usc/7/2014.md?p=c-1) of such section, for participation in the [supplemental nutrition assistance program](#g-3).
  - (2) In determining whether a [member](/usc/37/101.md?p=23) meets the eligibility criteria under [paragraph (1)](#b-1), the [Secretary concerned](#g-1) shall take into consideration the amount of the basic allowance for housing that the [member](/usc/37/101.md?p=23) receives under [section 403 of this title](/usc/37/403.md) or would otherwise receive under such section, in the case of a [member](/usc/37/101.md?p=23) who is not entitled to that allowance as a result of assignment to quarters of the [United States](/usc/37/101.md?p=1-A) or a housing facility under the jurisdiction of a uniformed service.
  - (3) In determining whether a [member](/usc/37/101.md?p=23) meets the eligibility criteria under [paragraph (1)](#b-1), the [Secretary concerned](#g-1) shall not take into consideration—
    - (A) the amount of the supplemental subsistence allowance that is payable under this section;
    - (B) the amount of any special [pay](/usc/37/101.md?p=21) that is payable to the [member](/usc/37/101.md?p=23) under section [310](/usc/37/310.md) or [351](/usc/37/351.md) of this title, relating to duty subject to hostile fire or imminent danger; or
    - (C) the amount of any family separation allowance that is payable to the [member](/usc/37/101.md?p=23) under [section 427 of this title](/usc/37/427.md).
  - (4) After September 30, 2016, a [member](/usc/37/101.md?p=23) is eligible for a supplemental subsistence allowance under this section only if the [member](/usc/37/101.md?p=23) is serving outside the [United States](/usc/37/101.md?p=1-A), the Commonwealth of Puerto Rico, the [United States](/usc/37/101.md?p=1-A) Virgin Islands, or Guam.
- (c) **Application for Allowance.—** To request the supplemental subsistence allowance, a [member](/usc/37/101.md?p=23) shall submit an application to the [Secretary concerned](#g-1) in such form and containing such information as the [Secretary concerned](#g-1) may prescribe. A [member](/usc/37/101.md?p=23) applying for the supplemental subsistence allowance shall furnish such evidence regarding the [member](/usc/37/101.md?p=23)’s satisfaction of the eligibility criteria under [subsection (b)](#b) as the [Secretary concerned](#g-1) may require.
- (d) **Effective Period.—** The entitlement of a [member](/usc/37/101.md?p=23) to receive the supplemental subsistence allowance terminates upon the occurrence of any of the following events, even though the [member](/usc/37/101.md?p=23) continues to meet the eligibility criteria described in [subsection (b)](#b):
  - (1) Payment of the supplemental subsistence allowance for 12 consecutive months.
  - (2) Promotion of the [member](/usc/37/101.md?p=23) to a higher [grade](/usc/37/101.md?p=15).
  - (3) Transfer of the [member](/usc/37/101.md?p=23) in a [permanent change of station](/usc/37/403a.md?p=e-3).
- (e) **Reapplication.—** Upon the termination of the effective period of the supplemental subsistence allowance for a [member](/usc/37/101.md?p=23), or in anticipation of the imminent termination of the allowance, a [member](/usc/37/101.md?p=23) may reapply for the allowance under [subsection (c)](#c), and the [Secretary concerned](#g-1) shall approve the application and resume payment of the allowance to the [member](/usc/37/101.md?p=23), if the [member](/usc/37/101.md?p=23) continues to meet, or once again meets, the eligibility criteria described in [subsection (b)](#b).
- (f) **Eligibility for Other Federal Assistance.—**
  - (1) A child or spouse of a [member](/usc/37/101.md?p=23) of the [armed forces](/usc/37/101.md?p=4) receiving the supplemental subsistence allowance under this section who, except on account of the receipt of such allowance, would be eligible to receive a benefit described in [paragraph (2)](#f-2) shall be considered to be eligible for that benefit notwithstanding the receipt of such allowance.
  - (2) The benefits referred to in [paragraph (1)](#f-1) are as follows:
    - (A) Assistance provided under the Richard B. Russell National School Lunch Act ([42 U.S.C. 1751](/usc/42/1751.md) et seq.).
    - (B) Assistance provided under the Child Nutrition Act of 1966 ([42 U.S.C. 1771](/usc/42/1771.md) et seq.).
    - (C) A service provided under the Head Start Act ([42 U.S.C. 9831](/usc/42/9831.md) et seq.).
    - (D) Assistance under the Child Care and Development Block Grant Act of 1990 ([42 U.S.C. 9858](/usc/42/9858.md)[^1] et seq.).
  - (3) A [household](#g-2) that includes a [member](/usc/37/101.md?p=23) of the [armed forces](/usc/37/101.md?p=4) receiving the supplemental subsistence allowance under this section and that, except on account of the receipt of such allowance, would be eligible to receive a benefit under the Low-Income Home Energy Assistance Act of 1981 ([42 U.S.C. 8621](/usc/42/8621.md) et seq.) shall be considered to be eligible for that benefit notwithstanding the receipt of such allowance.
- (g) **Definitions.—** In this section:
  - (1) The term “Secretary concerned” means—
    - (A) the Secretary of Defense; and
    - (B) the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy.
  - (2) The terms “allotment” and “household” have the meanings given those terms in section 3 of the Food and Nutrition Act of 2008 ([7 U.S.C. 2012](/usc/7/2012.md)).
  - (3) The term “supplemental nutrition assistance program” means the program established pursuant to section 4 of the Food and Nutrition Act of 2008 ([7 U.S.C. 2013](/usc/7/2013.md)).

# §402b. Basic needs allowance for members on active service in the Armed Forces

- (a) **Allowance Required.—** The [Secretary concerned](/usc/37/101.md?p=5) shall [pay](/usc/37/101.md?p=21) to each [member](/usc/37/101.md?p=23) who is eligible under [subsection (b)](#b) a basic needs allowance in the amount determined for such [member](/usc/37/101.md?p=23) under [subsection (c)](#c).
- (b) **Eligible Members.—** A [member](/usc/37/101.md?p=23) on [active service](/usc/37/101.md?p=20) in the [armed forces](/usc/37/101.md?p=4) is eligible for the allowance under [subsection (a)](#a) if—
  - (1) the [member](/usc/37/101.md?p=23) has completed initial entry training;
  - (2) the [gross household income](#k-1) of the [member](/usc/37/101.md?p=23) 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](/usc/37/101.md?p=23) and the number of individuals in the [household](#k-2) of the [member](/usc/37/101.md?p=23) for such year; and
  - (3) the [member](/usc/37/101.md?p=23)—
    - (A) is not ineligible for the allowance under [subsection (d)](#d); and
    - (B) does not elect under [subsection (g)](#g) not to receive the allowance.
- (c) **Amount of Allowance.—** The amount of the monthly allowance payable to a [member](/usc/37/101.md?p=23) under [subsection (a)](#a) shall be the amount equal to—
  - (1)
    - (A) 200 percent of the Federal poverty guidelines of the Department of Health and Human Services for the calendar year during which the allowance is paid based on the location of the [member](/usc/37/101.md?p=23) and the number of individuals in the [household](#k-2) of the [member](/usc/37/101.md?p=23) during the month for which the allowance is paid; minus
    - (B) the [gross household income](#k-1) of the [member](/usc/37/101.md?p=23) during the preceding calendar year; divided by
  - (2) 12.
- (d) **Bases of Ineligibility.—**
  - (1) **In general.—** The following [members](/usc/37/101.md?p=23) are ineligible for the allowance under [subsection (a)](#a):
    - (A) A [member](/usc/37/101.md?p=23) who does not have any [dependents](/usc/37/401.md?p=a).
    - (B) A cadet at the [United States](/usc/37/101.md?p=1-A) Military Academy, the [United States](/usc/37/101.md?p=1-A) Air Force Academy, or the Coast Guard Academy, a midshipman at the [United States](/usc/37/101.md?p=1-A) Naval Academy, or a cadet or midshipman serving elsewhere in the [armed forces](/usc/37/101.md?p=4).
  - (2) **Household with more than one eligible member.—** In the event a [household](#k-2) contains two or more [members](/usc/37/101.md?p=23) determined under [subsection (f)](#f) to be eligible to receive the allowance under [subsection (a)](#a), only one allowance may be paid to a [member](/usc/37/101.md?p=23) among such [members](/usc/37/101.md?p=23) as such [members](/usc/37/101.md?p=23) shall jointly elect.
  - (3) **Automatic ineligibility of members receiving certain pay increases.—** A [member](/usc/37/101.md?p=23) determined to be eligible under [subsection (f)](#f) for the allowance under [subsection (a)](#a) whose monthly [gross household income](#k-1) increases as a result of a promotion or other permanent increase to [pay](/usc/37/101.md?p=21) or allowances under this title to an amount that, on an annualized basis, would exceed the amount described in [subsection (b)(2)](#b-2) is ineligible for the allowance. If such [member](/usc/37/101.md?p=23) is receiving the allowance, payment of the allowance shall automatically terminate within a reasonable time, as determined by the Secretary of Defense in regulations prescribed under [subsection (j)](#j).
  - (4) **Ineligibility of certain changes in income.—** A [member](/usc/37/101.md?p=23) whose [gross household income](#k-1) for the preceding year decreases because of a fine, forfeiture, or reduction in [rank](/usc/37/101.md?p=16) imposed as a part of disciplinary action or an action under [chapter 47](/usc/10/chstA-ptII-ch47.md) of title 10 (the Uniform Code of Military Justice) is not eligible for the allowance under [subsection (a)](#a) solely as a result of the fine, forfeiture, or reduction in [rank](/usc/37/101.md?p=16).
- (e) **Application by Members Seeking Allowance.—**
  - (1) **In general.—** A [member](/usc/37/101.md?p=23) who seeks to receive the allowance under [subsection (a)](#a) shall submit to the [Secretary concerned](/usc/37/101.md?p=5) an application for the allowance that includes such information as the Secretary may require in order to determine whether or not the [member](/usc/37/101.md?p=23) is eligible to receive the allowance.
  - (2) **Timing of submission.—** A [member](/usc/37/101.md?p=23) who receives the allowance under [subsection (a)](#a) and seeks to continue to receive the allowance shall submit to the [Secretary concerned](/usc/37/101.md?p=5) an updated application under [paragraph (1)](#e-1) at such times as the Secretary may require, but not less frequently than annually.
  - (3) **Voluntary submission.—** The submission of an application under [paragraph (1)](#e-1) is voluntary.
  - (4) **Screening of members for eligibility.—** The Secretary of Defense shall—
    - (A) ensure that all [members](/usc/37/101.md?p=23) of the [armed forces](/usc/37/101.md?p=4) are screened during initial entry training and regularly thereafter for eligibility for the allowance under [subsection (a)](#a); and
    - (B) notify any [member](/usc/37/101.md?p=23) so screened who may be eligible that the [member](/usc/37/101.md?p=23) may apply for the allowance by submitting an application under [paragraph (1)](#e-1).
- (f) **Determinations of Eligibility.—**
  - (1) **In general.—** The [Secretary concerned](/usc/37/101.md?p=5) shall—
    - (A) determine which [members](/usc/37/101.md?p=23) of the [armed forces](/usc/37/101.md?p=4) are eligible under [subsection (b)](#b); and
    - (B) notify each such [member](/usc/37/101.md?p=23), in writing, of that determination.
  - (2) **Information included in notice.—** The notice under [paragraph (1)](#f-1) shall include information regarding financial management and assistance programs for which the [member](/usc/37/101.md?p=23) may be eligible.
- (g) **Election Not to Receive Allowance.—**
  - (1) **In general.—** A [member](/usc/37/101.md?p=23) determined under [subsection (f)](#f) to be eligible for the allowance under [subsection (a)](#a) may elect, in writing, not to receive the allowance.
  - (2) **Deemed ineligible.—** A [member](/usc/37/101.md?p=23) who does not submit an application under [subsection (e)](#e) within a reasonable time (as determined by the [Secretary concerned](/usc/37/101.md?p=5)) shall be deemed ineligible for the allowance under [subsection (a)](#a).
- (h) **Special Rule for Members Stationed Outside United States.—** In the case of a [member](/usc/37/101.md?p=23) assigned to a duty location outside the [United States](/usc/37/101.md?p=1-A), the [Secretary concerned](/usc/37/101.md?p=5) shall make the calculations described in subsections [(b)(2)](#b-2) and [(c)(1)](#c-1) using the Federal poverty guidelines of the Department of Health and Human Services for the [continental United States](/usc/37/101.md?p=1-B).
- (i) **Regulations.—** Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall prescribe regulations for the administration of this section.
- (j) **Effective Period.—**
  - (1) **Implementation period.—** The allowance under [subsection (a)](#a) is payable for months beginning on or after the date that is one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022.
  - (2) **Termination.—** The allowance under [subsection (a)](#a) may not be paid for any month beginning after December 31, 2027.
- (k) **Definitions.—** In this section:
  - (1) **Gross household income.—** The term “gross household income”, with respect to a [member](/usc/37/101.md?p=23) of the [armed forces](/usc/37/101.md?p=4), includes—
    - (A) all [household](#k-2) income, derived from any source; minus
    - (B) in the case of a [member](/usc/37/101.md?p=23) whom the [Secretary concerned](/usc/37/101.md?p=5) determines resides in an area with a high cost of living or that otherwise has a demonstrated need, any portion of the basic allowance for housing under [section 403 of this title](/usc/37/403.md) that the [Secretary concerned](/usc/37/101.md?p=5) elects to exclude.
  - (2) **Household.—** The term “household” means a [member](/usc/37/101.md?p=23) of the [armed forces](/usc/37/101.md?p=4) and any [dependents](/usc/37/401.md?p=a) of the [member](/usc/37/101.md?p=23) enrolled in the Defense Enrollment Eligibility Reporting System, regardless of the location of those [dependents](/usc/37/401.md?p=a).

# §403. Basic allowance for housing

- (a) **General Entitlement.—**
  - (1) Except as otherwise provided by law, a [member](/usc/37/101.md?p=23) of a uniformed service who is entitled to basic [pay](/usc/37/101.md?p=21) is entitled to a basic allowance for housing at the monthly rates prescribed under this section or another provision of law with regard to the applicable component of the basic allowance for housing. The amount of the basic allowance for housing for a [member](/usc/37/101.md?p=23) will vary according to the [pay](/usc/37/101.md?p=21) [grade](/usc/37/101.md?p=15) in which the [member](/usc/37/101.md?p=23) is assigned or distributed for basic [pay](/usc/37/101.md?p=21) purposes, the dependency status of the [member](/usc/37/101.md?p=23), and the geographic location of the [member](/usc/37/101.md?p=23). The basic allowance for housing may be paid in advance.
  - (2) A [member](/usc/37/101.md?p=23) of a uniformed service with [dependents](/usc/37/401.md?p=a) is not entitled to a basic allowance for housing as a [member](/usc/37/101.md?p=23) with [dependents](/usc/37/401.md?p=a) unless the [member](/usc/37/101.md?p=23) makes a certification to the [Secretary concerned](/usc/37/101.md?p=5) indicating the status of each [dependent](/usc/37/401.md?p=a) of the [member](/usc/37/101.md?p=23). The certification shall be made in accordance with regulations prescribed by the Secretary of Defense.
- (b) **Basic Allowance for Housing Inside the United States.—**
  - (1) The Secretary of Defense shall prescribe the rates of the basic allowance for housing that are applicable for the various military housing areas in the [United States](/usc/37/101.md?p=1-A). The rates for an area shall be based on the costs of adequate housing determined for the area under [paragraph (2)](#b-2).
  - (2) The Secretary of Defense shall determine the costs of adequate housing in a military housing area in the [United States](/usc/37/101.md?p=1-A) for all [members](/usc/37/101.md?p=23) of the [uniformed services](/usc/37/101.md?p=3) entitled to a basic allowance for housing in that area. The Secretary shall base the determination upon the costs of adequate housing for civilians with comparable income levels in the same area. After June 30, 2001, the Secretary may not differentiate between [members](/usc/37/101.md?p=23) with [dependents](/usc/37/401.md?p=a) in [pay](/usc/37/101.md?p=21) [grades](/usc/37/101.md?p=15) E–1 through E–4 in determining what constitutes adequate housing for [members](/usc/37/101.md?p=23).
  - (3)
    - (A) The monthly amount of the basic allowance for housing for an area of the [United States](/usc/37/101.md?p=1-A) for a [member](/usc/37/101.md?p=23) of a uniformed service shall be the amount equal to the difference between—
      - (i) the amount of the monthly cost of adequate housing in that area, as determined by the Secretary of Defense, for [members](/usc/37/101.md?p=23) of the [uniformed services](/usc/37/101.md?p=3) serving in the same [pay](/usc/37/101.md?p=21) [grade](/usc/37/101.md?p=15) and with the same dependency status as the [member](/usc/37/101.md?p=23); and
      - (ii) the amount equal to a specified percentage (determined under [subparagraph (B)](#b-3-B)) of the national average monthly cost of adequate housing in the [United States](/usc/37/101.md?p=1-A), as determined by the Secretary, for [members](/usc/37/101.md?p=23) of the [uniformed services](/usc/37/101.md?p=3) serving in the same [pay](/usc/37/101.md?p=21) [grade](/usc/37/101.md?p=15) and with the same dependency status as the [member](/usc/37/101.md?p=23).
    - (B) The percentage to be used for purposes of [subparagraph (A)(ii)](#b-3-A-ii) shall be determined by the Secretary of Defense and may not exceed the following:
      - (i) One percent for months occurring during 2015.
      - (ii) Two percent for months occurring during 2016.
      - (iii) Three percent for months occurring during 2017.
      - (iv) Four percent for months occurring during 2018.
      - (v) Five percent for months occurring after 2018.
  - (4) An adjustment in the rates of the basic allowance for housing under this subsection as a result of the Secretary’s redetermination of housing costs in an area shall take effect on the same date as the effective date of the next increase in basic [pay](/usc/37/101.md?p=21) under [section 1009 of this title](/usc/37/1009.md) or other provision of law.
  - (5) On and after July 1, 2001, the Secretary of Defense shall establish a single monthly rate for [members](/usc/37/101.md?p=23) of the [uniformed services](/usc/37/101.md?p=3) with [dependents](/usc/37/401.md?p=a) in [pay](/usc/37/101.md?p=21) [grades](/usc/37/101.md?p=15) E–1 through E–4 in the same military housing area. The rate shall be consistent with the rates paid to [members](/usc/37/101.md?p=23) in [pay](/usc/37/101.md?p=21) [grades](/usc/37/101.md?p=15) other than [pay](/usc/37/101.md?p=21) [grades](/usc/37/101.md?p=15) E–1 through E–4.
  - (6) So long as a [member](/usc/37/101.md?p=23) of a uniformed service retains uninterrupted eligibility to receive a basic allowance for housing within an area of the [United States](/usc/37/101.md?p=1-A), the monthly amount of the allowance for the [member](/usc/37/101.md?p=23) may not be reduced as a result of changes in housing costs in the area or the promotion of the [member](/usc/37/101.md?p=23).
  - (7)
    - (A) Under the authority of this paragraph, the Secretary of Defense may prescribe a temporary increase in the rates of basic allowance for housing otherwise prescribed for a military housing area or a portion of a military housing area if the military housing area or portion thereof—
      - (i) is located in an area covered by a declaration by the President under [section 401](/usc/37/401.md) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5170](/usc/42/5170.md)) that a major disaster exists; or
      - (ii) contains one or more military installations that are experiencing a sudden increase in the number of [members](/usc/37/101.md?p=23) of the [armed forces](/usc/37/101.md?p=4) assigned to the installation.
    - (B) The Secretary of Defense shall base the amount of the increase to be made in the rates of basic allowance for housing for an area on a determination by the Secretary of the amount by which the costs of adequate housing for civilians have increased in the area by reason of the disaster or the influx of military personnel, except that the increase may not exceed the amount equal to 20 percent of the rate of basic allowance for housing otherwise prescribed for the area.
    - (C) A [member](/usc/37/101.md?p=23) may be paid a basic allowance for housing at a rate increased under this paragraph only if the [member](/usc/37/101.md?p=23) certifies to the [Secretary concerned](/usc/37/101.md?p=5) that the [member](/usc/37/101.md?p=23) has incurred increased housing costs in the area by reason of the disaster or the influx of military personnel.
    - (D) Subject to [subparagraph (E)](#b-7-E), an increase in the rates of basic allowance for housing in an area under this paragraph shall remain in effect until the effective date of the first adjustment in rates of basic allowance for housing made for the area pursuant to a redetermination of housing costs in the area under this subsection that occurs after the date of the increase under this paragraph.
    - (E) An increase in the rates of basic allowance for housing for an area may not be prescribed under this paragraph or continue after December 31, 2026.
  - (8)
    - (A) The Secretary of Defense may prescribe a temporary adjustment in the current rates of basic allowance for housing for a military housing area or a portion thereof (in this paragraph, “BAH rates”) if the Secretary determines that the actual costs of adequate housing for civilians in that military housing area or portion thereof differs from the current BAH rates by more than 20 percent.
    - (B) Any temporary adjustment in BAH rates under this paragraph shall remain in effect only until the effective date of the first adjustment of BAH rates for the affected military housing area that occurs after the date of the adjustment under this paragraph.
    - (C) This paragraph shall cease to be effective on December 31, 2026.
- (c) **Basic Allowance for Housing Outside the United States.—**
  - (1) The Secretary of Defense may prescribe an overseas basic allowance for housing for a [member](/usc/37/101.md?p=23) of a uniformed service who is on duty outside of the [United States](/usc/37/101.md?p=1-A). The Secretary shall establish the basic allowance for housing under this subsection on the basis of housing costs in the overseas area in which the [member](/usc/37/101.md?p=23) is assigned.
  - (2) So long as a [member](/usc/37/101.md?p=23) of a uniformed service retains uninterrupted eligibility to receive a basic allowance for housing in an overseas area and the actual monthly cost of housing for the [member](/usc/37/101.md?p=23) is not reduced, the monthly amount of the allowance in an area outside the [United States](/usc/37/101.md?p=1-A) may not be reduced as a result of changes in housing costs in the area or the promotion of the [member](/usc/37/101.md?p=23). The monthly amount of the allowance may be adjusted to reflect changes in currency rates.
  - (3)
    - (A) In the case of a [member](/usc/37/101.md?p=23) of the [uniformed services](/usc/37/101.md?p=3) authorized to receive an allowance under [paragraph (1)](#c-1), the [Secretary concerned](/usc/37/101.md?p=5) may make a lump-sum payment to the [member](/usc/37/101.md?p=23) for required deposits and advance rent, and for expenses relating thereto, that are—
      - (i) incurred by the [member](/usc/37/101.md?p=23) in occupying private housing outside of the [United States](/usc/37/101.md?p=1-A); and
      - (ii) authorized or approved under regulations prescribed by the [Secretary concerned](/usc/37/101.md?p=5).
    - (B) Expenses for which a [member](/usc/37/101.md?p=23) may be reimbursed under this paragraph may include losses relating to housing that are sustained by the [member](/usc/37/101.md?p=23) as a result of fluctuations in the relative value of the currencies of the [United States](/usc/37/101.md?p=1-A) and the foreign country in which the housing is located.
    - (C) The [Secretary concerned](/usc/37/101.md?p=5) shall recoup the full amount of any deposit or advance rent payments made by the Secretary under [subparagraph (A)](#c-3-A), including any gain resulting from currency fluctuations between the time of payment and the time of recoupment.
- (d) **Basic Allowance for Housing When Dependents Do Not Accompany Member.—**
  - (1) A [member](/usc/37/101.md?p=23) of a uniformed service with [dependents](/usc/37/401.md?p=a) who is on permanent duty at a location described in [paragraph (2)](#d-2) may be paid a family separation basic allowance for housing under this subsection at a monthly rate equal to the rate of the basic allowance for housing established under [subsection (b)](#b) or the overseas basic allowance for housing established under [subsection (c)](#c), whichever applies to that location, for [members](/usc/37/101.md?p=23) in the same [grade](/usc/37/101.md?p=15) at that location without [dependents](/usc/37/401.md?p=a).
  - (2) A permanent duty location referred to in [paragraph (1)](#d-1) is a location—
    - (A) to which the movement of the [member](/usc/37/101.md?p=23)’s [dependents](/usc/37/401.md?p=a) is not authorized at the expense of the [United States](/usc/37/101.md?p=1-A) under [section 452 of this title](/usc/37/452.md), and the [member](/usc/37/101.md?p=23)’s [dependents](/usc/37/401.md?p=a) do not reside at or near the location; and
    - (B) at which quarters of the [United States](/usc/37/101.md?p=1-A) are not available for assignment to the [member](/usc/37/101.md?p=23).
  - (3) If a [member](/usc/37/101.md?p=23) with [dependents](/usc/37/401.md?p=a) is assigned to duty in an area that is different from the area in which the [member](/usc/37/101.md?p=23)’s [dependents](/usc/37/401.md?p=a) reside, the [member](/usc/37/101.md?p=23) is entitled to a basic allowance for housing as provided in subsection [(b)](#b) or [(c)](#c), whichever applies to the [member](/usc/37/101.md?p=23), subject to the following:
    - (A) If the [member](/usc/37/101.md?p=23)’s assignment to duty in that area, or the circumstances of that assignment, require the [member](/usc/37/101.md?p=23)’s [dependents](/usc/37/401.md?p=a) to reside in a different area, as determined by the [Secretary concerned](/usc/37/101.md?p=5), the amount of the basic allowance for housing for the [member](/usc/37/101.md?p=23) shall be based on the area in which the [dependents](/usc/37/401.md?p=a) reside or the [member](/usc/37/101.md?p=23)’s last duty station, whichever the [Secretary concerned](/usc/37/101.md?p=5) determines to be most equitable.
    - (B) If the [member](/usc/37/101.md?p=23)’s assignment to duty in that area is under the conditions of a low-cost or no-cost [permanent change of station](/usc/37/403a.md?p=e-3) or permanent change of assignment, the amount of the basic allowance for housing for the [member](/usc/37/101.md?p=23) shall be based on the [member](/usc/37/101.md?p=23)’s last duty station if the [Secretary concerned](/usc/37/101.md?p=5) determines that it would be inequitable to base the allowance on the cost of housing in the area to which the [member](/usc/37/101.md?p=23) is reassigned.
    - (C) If the [member](/usc/37/101.md?p=23) is reassigned for a [permanent change of station](/usc/37/403a.md?p=e-3) or permanent change of assignment from a duty station in the [United States](/usc/37/101.md?p=1-A) to another duty station in the [United States](/usc/37/101.md?p=1-A) for a period of not more than one year for the purpose of participating in professional military education or training classes, the amount of the basic allowance for housing for the [member](/usc/37/101.md?p=23) may be based on whichever of the following areas the [Secretary concerned](/usc/37/101.md?p=5) determines will provide the more equitable basis for the allowance:
      - (i) The area of the duty station to which the [member](/usc/37/101.md?p=23) is reassigned.
      - (ii) The area in which the [dependents](/usc/37/401.md?p=a) reside, but only if the [dependents](/usc/37/401.md?p=a) reside in that area when the [member](/usc/37/101.md?p=23) departs for the duty station to which the [member](/usc/37/101.md?p=23) is reassigned and only for the period during which the [dependents](/usc/37/401.md?p=a) reside in that area.
      - (iii) The area of the former duty station of the [member](/usc/37/101.md?p=23), if different than the area in which the [dependents](/usc/37/401.md?p=a) reside.
  - (4) A family separation basic allowance for housing paid to a [member](/usc/37/101.md?p=23) under this subsection is in addition to any other allowance or per diem that the [member](/usc/37/101.md?p=23) receives under this title. A [member](/usc/37/101.md?p=23) may receive a basic allowance for housing under both paragraphs [(1)](#d-1) and [(3)](#d-3).
- (e) **Effect of Assignment to Quarters.—**
  - (1) Except as otherwise provided by law, a [member](/usc/37/101.md?p=23) of a uniformed service who is assigned to quarters of the [United States](/usc/37/101.md?p=1-A) or a housing facility under the jurisdiction of a uniformed service appropriate to the [grade](/usc/37/101.md?p=15), [rank](/usc/37/101.md?p=16), or [rating](/usc/37/101.md?p=17) of the [member](/usc/37/101.md?p=23) and adequate for the [member](/usc/37/101.md?p=23) and [dependents](/usc/37/401.md?p=a) of the [member](/usc/37/101.md?p=23), if with [dependents](/usc/37/401.md?p=a), is not entitled to a basic allowance for housing.
  - (2) A [member](/usc/37/101.md?p=23) without [dependents](/usc/37/401.md?p=a) who is in a [pay](/usc/37/101.md?p=21) [grade](/usc/37/101.md?p=15) above [pay](/usc/37/101.md?p=21) [grade](/usc/37/101.md?p=15) E–6 and who is assigned to quarters in the [United States](/usc/37/101.md?p=1-A) or a housing facility under the jurisdiction of a uniformed service, appropriate to the [grade](/usc/37/101.md?p=15) or [rank](/usc/37/101.md?p=16) of the [member](/usc/37/101.md?p=23) and adequate for the [member](/usc/37/101.md?p=23), may elect not to occupy those quarters and instead to receive the basic allowance for housing prescribed for the [member](/usc/37/101.md?p=23)’s [pay](/usc/37/101.md?p=21) [grade](/usc/37/101.md?p=15) by this section.
  - (3) A [member](/usc/37/101.md?p=23) without [dependents](/usc/37/401.md?p=a) who is in [pay](/usc/37/101.md?p=21) [grade](/usc/37/101.md?p=15) E–6 and who is assigned to quarters of the [United States](/usc/37/101.md?p=1-A) that do not meet the minimum adequacy standards established by the Secretary of Defense for [members](/usc/37/101.md?p=23) in such [pay](/usc/37/101.md?p=21) [grade](/usc/37/101.md?p=15), or to a housing facility under the jurisdiction of a uniformed service that does not meet such standards, may elect not to occupy such quarters or facility and instead to receive the basic allowance for housing prescribed for the [member](/usc/37/101.md?p=23)’s [pay](/usc/37/101.md?p=21) [grade](/usc/37/101.md?p=15) under this section.
  - (4) The [Secretary concerned](/usc/37/101.md?p=5) may deny the right to make an election under paragraph [(2)](#e-2) or [(3)](#e-3) if the Secretary determines that the exercise of such an election would adversely affect a training mission, military discipline, or military readiness.
  - (5) A [member](/usc/37/101.md?p=23) with [dependents](/usc/37/401.md?p=a) who is assigned to quarters of the [United States](/usc/37/101.md?p=1-A) or a housing facility under the jurisdiction of a uniformed service may be paid the basic allowance for housing if, because of orders of competent authority, the [dependents](/usc/37/401.md?p=a) are prevented from occupying those quarters.
- (f) **Ineligibility During Initial Field Duty or Sea Duty.—**
  - (1) A [member](/usc/37/101.md?p=23) of a uniformed service without [dependents](/usc/37/401.md?p=a) who makes a [permanent change of station](/usc/37/403a.md?p=e-3) for assignment to a unit conducting field operations is not entitled to a basic allowance for housing while on that initial [field duty](#f-3) unless the commanding [officer](/usc/37/101.md?p=11) of the [member](/usc/37/101.md?p=23) certifies that the [member](/usc/37/101.md?p=23) was necessarily required to procure quarters at the [member](/usc/37/101.md?p=23)’s expense.
  - (2)
    - (A) Except as provided in subparagraphs [(B)](#f-2-B) and [(C)](#f-2-C), a [member](/usc/37/101.md?p=23) of a uniformed service without [dependents](/usc/37/401.md?p=a) who is in a [pay](/usc/37/101.md?p=21) [grade](/usc/37/101.md?p=15) below [pay](/usc/37/101.md?p=21) [grade](/usc/37/101.md?p=15) E–6 is not entitled to a basic allowance for housing while the [member](/usc/37/101.md?p=23) is on [sea duty](#f-3).
    - (B) Under regulations prescribed by the [Secretary concerned](/usc/37/101.md?p=5), the Secretary may authorize the payment of a basic allowance for housing to a [member](/usc/37/101.md?p=23) of a uniformed service without [dependents](/usc/37/401.md?p=a) who is serving in a [pay](/usc/37/101.md?p=21) [grade](/usc/37/101.md?p=15) below E–6 and is assigned to [sea duty](#f-3). In prescribing regulations under this subparagraph, the [Secretary concerned](/usc/37/101.md?p=5) shall consider the availability of quarters.
    - (C) Notwithstanding [section 421 of this title](/usc/37/421.md), a [member](/usc/37/101.md?p=23) of a uniformed service in a [pay](/usc/37/101.md?p=21) [grade](/usc/37/101.md?p=15) below [pay](/usc/37/101.md?p=21) [grade](/usc/37/101.md?p=15) E–6 who is assigned to [sea duty](#f-3) and is married to another [member](/usc/37/101.md?p=23) of a uniformed service is entitled to a basic allowance for housing subject to the limitations of [subsection (e)](#e).
  - (3) The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, shall prescribe regulations defining the terms “field duty” and “sea duty” for purposes of this section.
- (g) **Reserve Members.—**
  - (1) A [member](/usc/37/101.md?p=23) of a [reserve component](/usc/37/101.md?p=24) without [dependents](/usc/37/401.md?p=a) who is called or ordered to [active duty](/usc/37/101.md?p=18) to attend accession training, in support of a [contingency operation](/usc/37/101.md?p=26), or for a period of more than 30 days, or a retired [member](/usc/37/101.md?p=23) without [dependents](/usc/37/401.md?p=a) who is ordered to [active duty](/usc/37/101.md?p=18) under [section 688(a) of title 10](/usc/10/688.md?p=a) in support of a [contingency operation](/usc/37/101.md?p=26) or for a period of more than 30 days, may not be denied a basic allowance for housing if, because of that call or order, the [member](/usc/37/101.md?p=23) is unable to continue to occupy a residence—
    - (A) which is maintained as the primary residence of the [member](/usc/37/101.md?p=23) at the time of the call or order; and
    - (B) which is owned by the [member](/usc/37/101.md?p=23) or for which the [member](/usc/37/101.md?p=23) is responsible for rental payments.
  - (2) The [Secretary concerned](/usc/37/101.md?p=5) may provide a basic allowance for housing to a [member](/usc/37/101.md?p=23) described in [paragraph (1)](#g-1) at a monthly rate equal to the rate of the basic allowance for housing established under [subsection (b)](#b) or the overseas basic allowance for housing established under [subsection (c)](#c), whichever applies to the location at which the [member](/usc/37/101.md?p=23) is serving, for [members](/usc/37/101.md?p=23) in the same [grade](/usc/37/101.md?p=15) at that location without [dependents](/usc/37/401.md?p=a). The [member](/usc/37/101.md?p=23) may receive both a basic allowance for housing under [paragraph (1)](#g-1) and under this paragraph for the same month, but may not receive the portion of the allowance authorized under [section 452 of this title](/usc/37/452.md), if any, for lodging expenses if a basic allowance for housing is provided under this paragraph.
  - (3) Except in the case of a [member](/usc/37/101.md?p=23) of a [reserve component](/usc/37/101.md?p=24) without [dependents](/usc/37/401.md?p=a) who is called or ordered to [active duty](/usc/37/101.md?p=18) to attend training for at least 140 days but fewer than 365 days, paragraphs [(1)](#g-1) and [(2)](#g-2) shall not apply if the [member](/usc/37/101.md?p=23) is authorized transportation of household goods under [section 453(c) of this title](/usc/37/453.md?p=c) as part of the call or order to [active duty](/usc/37/101.md?p=18) described in such paragraph.
  - (4) The rate of basic allowance for housing to be paid to the following [members](/usc/37/101.md?p=23) of a [reserve component](/usc/37/101.md?p=24) shall be equal to the rate in effect for similarly situated [members](/usc/37/101.md?p=23) of a regular component of the [uniformed services](/usc/37/101.md?p=3):
    - (A) A [member](/usc/37/101.md?p=23) who is called or ordered to [active duty for a period of more than 30 days](/usc/37/101.md?p=19).
    - (B) A [member](/usc/37/101.md?p=23) who is called or ordered to [active duty](/usc/37/101.md?p=18) for a period of 30 days or less in support of a [contingency operation](/usc/37/101.md?p=26).
  - (5) The Secretary of Defense shall establish a rate of basic allowance for housing to be paid to a [member](/usc/37/101.md?p=23) of a [reserve component](/usc/37/101.md?p=24) while the [member](/usc/37/101.md?p=23) serves on [active duty](/usc/37/101.md?p=18) under a call or order to [active duty](/usc/37/101.md?p=18) specifying a period of 30 days or less, unless the call or order to [active duty](/usc/37/101.md?p=18) is in support of a [contingency operation](/usc/37/101.md?p=26).
  - (6)
    - (A) This paragraph applies with respect to a [member](/usc/37/101.md?p=23) of a [reserve component](/usc/37/101.md?p=24) who performs active Guard and Reserve duty (as defined in [section 101(d)(6) of title 10](/usc/10/101.md?p=d-6)).
    - (B) The rate of basic allowance for housing to be paid to a [member](/usc/37/101.md?p=23) described in [subparagraph (A)](#g-6-A) shall be based on the [member](/usc/37/101.md?p=23)’s permanent duty station, even during instances in which the [member](/usc/37/101.md?p=23) is mobilized for service on [active duty](/usc/37/101.md?p=18) other than active Guard and Reserve duty.
    - (C)
      - (i) During transitions in service status from active Guard and Reserve duty to other [active duty](/usc/37/101.md?p=18) and back to active Guard and Reserve duty, or following the start of new periods of service resulting from a change in orders, a [member](/usc/37/101.md?p=23) described in [subparagraph (A)](#g-6-A) shall be considered as retaining uninterrupted eligibility to receive a basic allowance for housing in an area as provided for under subsections [(b)(6)](#b-6) and [(c)(2)](#c-2) so long as the [member](/usc/37/101.md?p=23) remains on [active duty](/usc/37/101.md?p=18) without a break in service.
      - (ii) [Clause (i)](#g-6-C-i) does not apply if the [member](/usc/37/101.md?p=23)’s permanent duty station changes as a result of orders directing a permanent change in station with the authority for the movement of household goods.
      - (iii) For purposes of [clause (i)](#g-6-C-i), a break in [active service](/usc/37/101.md?p=20) occurs when one or more calendar days between [active service](/usc/37/101.md?p=20) periods do not qualify as [active service](/usc/37/101.md?p=20).
    - (D) Subsections [(d)(3)](#d-3) and (o) also apply to a [member](/usc/37/101.md?p=23) described in [subparagraph (A)](#g-6-A).
- (h) **Rental of Public Quarters.—** Notwithstanding any other law (including those restricting the occupancy of housing facilities under the jurisdiction of a department or agency of the [United States](/usc/37/101.md?p=1-A) by [members](/usc/37/101.md?p=23), and their [dependents](/usc/37/401.md?p=a), of the [armed forces](/usc/37/101.md?p=4) above specified [grades](/usc/37/101.md?p=15), or by [members](/usc/37/101.md?p=23), and their [dependents](/usc/37/401.md?p=a), of the National Oceanic and Atmospheric Administration and the Public Health Service), a [member](/usc/37/101.md?p=23) of a uniformed service, and the [dependents](/usc/37/401.md?p=a) of the [member](/usc/37/101.md?p=23), may be accepted as tenants in, and may occupy on a rental basis, any of those housing facilities, other than public quarters constructed or designated for assignment to an occupancy without charge by such a [member](/usc/37/101.md?p=23) and the [dependents](/usc/37/401.md?p=a) of the [member](/usc/37/101.md?p=23), if any. Such a [member](/usc/37/101.md?p=23) may not, because of occupancy under this subsection, be deprived of any money allowance to which the [member](/usc/37/101.md?p=23) is otherwise entitled for the rental of quarters.
- (i) **Temporary Housing Allowance While in Travel or Leave Status.—** A [member](/usc/37/101.md?p=23) of a uniformed service is entitled to a temporary basic allowance for housing (at a rate determined by the Secretary of Defense) while the [member](/usc/37/101.md?p=23) is in a travel or leave status between permanent duty stations, including time granted as delay en route or proceed time, when the [member](/usc/37/101.md?p=23) is not assigned to quarters of the [United States](/usc/37/101.md?p=1-A).
- (j) **Aviation Cadets.—** The eligibility of an aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard for a basic allowance for housing shall be determined as if the aviation cadet were a [member](/usc/37/101.md?p=23) of the [uniformed services](/usc/37/101.md?p=3) in [pay](/usc/37/101.md?p=21) [grade](/usc/37/101.md?p=15) E–4.
- (k) **Administration.—**
  - (1) The Secretary of Defense shall prescribe regulations for the administration of this section.
  - (2) The [Secretary concerned](/usc/37/101.md?p=5) may make such determinations as may be necessary to administer this section, including determinations of dependency and relationship. When warranted by the circumstances, the [Secretary concerned](/usc/37/101.md?p=5) may reconsider and change or modify any such determination. The authority of the [Secretary concerned](/usc/37/101.md?p=5) under this subsection may be delegated. Any determination made under this section with regard to a [member](/usc/37/101.md?p=23) of the [uniformed services](/usc/37/101.md?p=3) is final and is not subject to review by any accounting [officer](/usc/37/101.md?p=11) of the [United States](/usc/37/101.md?p=1-A) or a court, unless there is fraud or gross negligence.
  - (3) Parking facilities (including utility connections) provided [members](/usc/37/101.md?p=23) of the [uniformed services](/usc/37/101.md?p=3) for house trailers and mobile homes not owned by the Government shall not be considered to be quarters for the purposes of this section or any other provision of law. Any fees established by the Government for the use of such a facility shall be established in an amount sufficient to cover the cost of maintenance, services, and utilities and to amortize the cost of construction of the facility over the 25-year period beginning with the completion of such construction.
- (l) **Temporary Continuation of Allowance for Dependents of Members Dying on Active Duty.—**
  - (1) The Secretary of Defense, or the Secretary of Homeland Security in the case of the Coast Guard when not operating as a service in the Navy, may allow the [dependents](/usc/37/401.md?p=a) of a [member](/usc/37/101.md?p=23) of the [armed forces](/usc/37/101.md?p=4) who dies on [active duty](/usc/37/101.md?p=18) and whose [dependents](/usc/37/401.md?p=a) are occupying family housing provided by the Department of Defense, or by the Department of Homeland Security in the case of the Coast Guard, other than on a rental basis on the date of the [member](/usc/37/101.md?p=23)’s death to continue to occupy such housing without charge for a period of 365 days.
  - (2) The [Secretary concerned](/usc/37/101.md?p=5) may [pay](/usc/37/101.md?p=21) a basic allowance for housing (at the rate that is payable for [members](/usc/37/101.md?p=23) of the same [grade](/usc/37/101.md?p=15) and dependency status as the deceased [member](/usc/37/101.md?p=23) for the area where the [dependents](/usc/37/401.md?p=a) are residing) to the [dependents](/usc/37/401.md?p=a) of a [member](/usc/37/101.md?p=23) of the [uniformed services](/usc/37/101.md?p=3) who dies while on [active duty](/usc/37/101.md?p=18) and whose [dependents](/usc/37/401.md?p=a)—
    - (A) are not occupying a housing facility under the jurisdiction of a uniformed service on the date of the [member](/usc/37/101.md?p=23)’s death;
    - (B) are occupying such housing on a rental basis on such date; or
    - (C) vacate such housing sooner than 365 days after the date of the [member](/usc/37/101.md?p=23)’s death.
  - (3) An allowance may be paid under [paragraph (2)](#l-2) to the spouse of the deceased [member](/usc/37/101.md?p=23) even though the spouse is also a [member](/usc/37/101.md?p=23) of the [uniformed services](/usc/37/101.md?p=3). The allowance paid under such paragraph is in addition to any other [pay](/usc/37/101.md?p=21) and allowances to which the spouse is entitled as a [member](/usc/37/101.md?p=23).
  - (4) The payment of the allowance under [paragraph (2)](#l-2) shall terminate 365 days after the date of the [member](/usc/37/101.md?p=23)’s death.
- (m) **Temporary Continuation of Rate of Basic Allowance for Members of the Armed Forces Whose Sole Dependent Dies While Residing With the Member.—**
  - (1) Notwithstanding [subsection (a)(2)](#a-2) or any other section of law, the Secretary of Defense or the Secretary of the Department in which the Coast Guard is operating, may, after the death of the sole [dependent](/usc/37/401.md?p=a) of a [member](/usc/37/101.md?p=23) of the [armed forces](/usc/37/101.md?p=4), continue to [pay](/usc/37/101.md?p=21) a basic allowance for housing to such [member](/usc/37/101.md?p=23) at the rate paid to such [member](/usc/37/101.md?p=23) on the date of such death if—
    - (A) such sole [dependent](/usc/37/401.md?p=a) dies—
      - (i) while the [member](/usc/37/101.md?p=23) is on [active duty](/usc/37/101.md?p=18); and
      - (ii) while residing with the [member](/usc/37/101.md?p=23), unless separated by the necessity of military service or to receive institutional care as a result of disability or incapacitation or under such other circumstances as the [Secretary concerned](/usc/37/101.md?p=5) may by regulation prescribe; and
    - (B) the [member](/usc/37/101.md?p=23) is not occupying a housing facility under the jurisdiction of the [Secretary concerned](/usc/37/101.md?p=5) on the date of the death of the sole [dependent](/usc/37/401.md?p=a).
  - (2) The continuation of the rate of an allowance under this subsection shall terminate upon the earlier of the following to occur:
    - (A) The day that is one year after the date of the death of the sole [dependent](/usc/37/401.md?p=a).
    - (B) The [permanent change of station](/usc/37/403a.md?p=e-3), or permanent change of assignment with movement of [personal property](/usc/37/451.md?p=b-7) and household goods under [section 453(c) of this title](/usc/37/453.md?p=c), of the [member](/usc/37/101.md?p=23).
- (n) **Members Paying Child Support.—**
  - (1) A [member](/usc/37/101.md?p=23) of a uniformed service with [dependents](/usc/37/401.md?p=a) may not be paid a basic allowance for housing at the with [dependents](/usc/37/401.md?p=a) rate solely by reason of the payment of child support by the [member](/usc/37/101.md?p=23) if—
    - (A) the [member](/usc/37/101.md?p=23) is assigned to a housing facility under the jurisdiction of a uniformed service; or
    - (B) the [member](/usc/37/101.md?p=23) is assigned to [sea duty](#f-3), and elects not to occupy assigned quarters for unaccompanied personnel, unless the [member](/usc/37/101.md?p=23) is in a [pay](/usc/37/101.md?p=21) [grade](/usc/37/101.md?p=15) above E–3.
  - (2) A [member](/usc/37/101.md?p=23) of a uniformed service assigned to quarters of the [United States](/usc/37/101.md?p=1-A) or a housing facility under the jurisdiction of a uniformed service who is not otherwise authorized a basic allowance for housing and who [pays](/usc/37/101.md?p=21) child support is entitled to the basic allowance for housing differential, except for months for which the amount payable for the child support is less than the rate of the differential. Payment of a basic allowance for housing differential does not affect any entitlement of the [member](/usc/37/101.md?p=23) to a partial allowance for quarters under [subsection (n)](#n).
  - (3) The basic allowance for housing differential to which a [member](/usc/37/101.md?p=23) is entitled under [paragraph (2)](#n-2) is the amount equal to the difference between—
    - (A) the rate of the basic allowance for quarters (with [dependents](/usc/37/401.md?p=a)) for the [member](/usc/37/101.md?p=23)’s [pay](/usc/37/101.md?p=21) [grade](/usc/37/101.md?p=15), as such rate was in effect on December 31, 1997, under this section (as in effect on that date); and
    - (B) the rate of the basic allowance for quarters (without [dependents](/usc/37/401.md?p=a)) for the [member](/usc/37/101.md?p=23)’s [pay](/usc/37/101.md?p=21) [grade](/usc/37/101.md?p=15), as such rate was in effect on December 31, 1997, under this section (as in effect on that date).
  - (4) Whenever the rates of basic [pay](/usc/37/101.md?p=21) for [members](/usc/37/101.md?p=23) of the [uniformed services](/usc/37/101.md?p=3) are increased, the monthly amount of the basic allowance for housing differential computed under [paragraph (3)](#n-3) shall be increased by the average percentage increase in the rates of basic [pay](/usc/37/101.md?p=21). The effective date of the increase shall be the same date as the effective date of the increase in the rates of basic [pay](/usc/37/101.md?p=21).
  - (5) In the case of two [members](/usc/37/101.md?p=23), who have one or more common [dependents](/usc/37/401.md?p=a) (and no others), who are not married to each other, and one of whom [pays](/usc/37/101.md?p=21) child support to the other, the amount of the basic allowance for housing paid to each [member](/usc/37/101.md?p=23) under this section shall be reduced in accordance with regulations prescribed by the Secretary of Defense. The total amount of the basic allowances for housing paid to the two [members](/usc/37/101.md?p=23) may not exceed the sum of the amounts of the allowance to which each [member](/usc/37/101.md?p=23) would be otherwise entitled under this section.
- (o) **Partial Allowance for Members Without Dependents.—**
  - (1) A [member](/usc/37/101.md?p=23) of a uniformed service without [dependents](/usc/37/401.md?p=a) who is not entitled to receive a basic allowance for housing under subsection [(b)](#b), [(c)](#c), or [(d)](#d) is entitled to a partial basic allowance for housing at a rate determined by the Secretary of Defense under [paragraph (2)](#o-2).
  - (2) The rate of the partial basic allowance for housing is the partial rate of the basic allowance for quarters for the [member](/usc/37/101.md?p=23)’s [pay](/usc/37/101.md?p=21) [grade](/usc/37/101.md?p=15) as such partial rate was in effect on December 31, 1997, under [section 1009(c)(2) of this title](/usc/37/1009.md?p=c-2) (as such section was in effect on such date).
- (p) **Treatment of Certain Moves as Not Being Reassignments.—**
  - (1) In the case of a [member](/usc/37/101.md?p=23) who is assigned to duty at a location or under circumstances that make it necessary for the [member](/usc/37/101.md?p=23) to be reassigned under the conditions of low-cost or no-cost [permanent change of station](/usc/37/403a.md?p=e-3) or permanent change of assignment, the [member](/usc/37/101.md?p=23) may be treated for the purposes of this section as if the [member](/usc/37/101.md?p=23) were not reassigned if the [Secretary concerned](/usc/37/101.md?p=5) determines that it would be inequitable to base the [member](/usc/37/101.md?p=23)’s entitlement to, and amount of, a basic allowance for housing on the cost of housing in the area to which the [member](/usc/37/101.md?p=23) is reassigned.
  - (2)
    - (A) In the case of a [member](/usc/37/101.md?p=23) without [dependents](/usc/37/401.md?p=a) who is assigned to a unit that undergoes a change of home port or a change of permanent duty station, if the [Secretary concerned](/usc/37/101.md?p=5) determines that it would be inequitable to base the [member](/usc/37/101.md?p=23)’s entitlement to, and amount of, a basic allowance for housing on the new home port or permanent duty station, the [Secretary concerned](/usc/37/101.md?p=5) may—
      - (i) waive the requirement to base the [member](/usc/37/101.md?p=23)’s entitlement to, and amount of, a basic allowance for housing on the new home port or permanent duty station [member](/usc/37/101.md?p=23); and
      - (ii) treat that [member](/usc/37/101.md?p=23) for the purposes of this section as if the unit to which the [member](/usc/37/101.md?p=23) is assigned did not undergo such a change.
    - (B) The [Secretary concerned](/usc/37/101.md?p=5) may grant a waiver under [subparagraph (A)](#p-2-A) to not more than 100 [members](/usc/37/101.md?p=23) in a calendar year.
    - (C) Not later than March 1 of each calendar year, the [Secretary concerned](/usc/37/101.md?p=5) shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on the use of the authority provided by [subparagraph (A)](#p-2-A) during the preceding calendar year that includes—
      - (i) the number of [members](/usc/37/101.md?p=23) granted a waiver under [subparagraph (A)](#p-2-A) during that year; and
      - (ii) for each such waiver, an identification of—
        - (I) the [grade](/usc/37/101.md?p=15) of the [member](/usc/37/101.md?p=23);
        - (II) the home port or permanent duty station of the unit to which the [member](/usc/37/101.md?p=23) is assigned before the change described in [subparagraph (A)](#p-2-A); and
        - (III) the new home port or permanent duty station of that unit.
    - (D) This paragraph shall cease to be effective on December 31, 2027.
- (q) **Information on Rights and Protections Under Servicemembers Civil Relief Act.—** The [Secretary concerned](/usc/37/101.md?p=5) shall provide to each [member](/usc/37/101.md?p=23) of a uniformed service who receives a basic allowance for housing under this section information on the rights and protections available to such [member](/usc/37/101.md?p=23) under the Servicemembers Civil Relief Act ([50 U.S.C. 3901](/usc/50/3901.md) et seq.)—
  - (1) when such [member](/usc/37/101.md?p=23) first receives such basic allowance for housing; and
  - (2) each time such [member](/usc/37/101.md?p=23) receives a [permanent change of station](/usc/37/403a.md?p=e-3).

# §403a. Housing treatment for certain members of the armed forces, and their spouses and other dependents, undergoing a permanent change of station within the United States

- (a) **Housing Treatment for Certain Members Who Have a Spouse or Other Dependents.—**
  - (1) **Housing treatment regulations.—** The Secretary of Defense shall prescribe regulations that permit a [member](/usc/37/101.md?p=23) of the [armed forces](/usc/37/101.md?p=4) described in [paragraph (2)](#a-2) who is undergoing a [permanent change of station](#e-3) within the [United States](/usc/37/101.md?p=1-A) to request the housing treatment described in [subsection (b)](#b) during the [covered relocation period](#e-1-A) of the [member](/usc/37/101.md?p=23).
  - (2) **Eligible members.—** A [member](/usc/37/101.md?p=23) described in this paragraph is any [member](/usc/37/101.md?p=23) who—
    - (A) has a spouse who is gainfully employed or enrolled in a degree, certificate or license granting program at the beginning of the [covered relocation period](#e-1-A);
    - (B) has one or more [dependents](/usc/37/401.md?p=a) attending an elementary or secondary school at the beginning of the [covered relocation period](#e-1-A);
    - (C) has one or more [dependents](/usc/37/401.md?p=a) enrolled in the Exceptional Family [Member](/usc/37/101.md?p=23) Program; or
    - (D) is caring for an immediate family [member](/usc/37/101.md?p=23) with a chronic or long-term illness at the beginning of the [covered relocation period](#e-1-A).
- (b) **Housing Treatment.—**
  - (1) **Continuation of housing for the spouse and other dependents.—** If a spouse or other [dependent](/usc/37/401.md?p=a) of a [member](/usc/37/101.md?p=23) whose request under [subsection (a)](#a) is approved resides in Government-owned or Government-leased housing at the beginning of the [covered relocation period](#e-1-A), the spouse or other [dependent](/usc/37/401.md?p=a) may continue to reside in such housing during a period determined in accordance with the regulations prescribed pursuant to this section.
  - (2) **Early housing eligibility.—** If a spouse or other [dependent](/usc/37/401.md?p=a) of a [member](/usc/37/101.md?p=23) whose request under [subsection (a)](#a) is approved is eligible to reside in Government-owned or Government-leased housing following the [member](/usc/37/101.md?p=23)’s [permanent change of station](#e-3) within the [United States](/usc/37/101.md?p=1-A), the spouse or other [dependent](/usc/37/401.md?p=a) may commence residing in such housing at any time during the [covered relocation period](#e-1-A).
  - (3) **Temporary use of government-owned or government-leased housing intended for members without a spouse or dependent.—** If a spouse or other [dependent](/usc/37/401.md?p=a) of a [member](/usc/37/101.md?p=23) relocates at a time different from the [member](/usc/37/101.md?p=23) in accordance with a request approved under [subsection (a)](#a), the [member](/usc/37/101.md?p=23) may be assigned to Government-owned or Government-leased housing intended for the permanent housing of [members](/usc/37/101.md?p=23) without a spouse or [dependent](/usc/37/401.md?p=a) until the [member](/usc/37/101.md?p=23)’s detachment date or the spouse or other [dependent](/usc/37/401.md?p=a)’s arrival date, but only if such Government-owned or Government-leased housing is available without displacing a [member](/usc/37/101.md?p=23) without a spouse or [dependent](/usc/37/401.md?p=a) at such housing.
  - (4) **Equitable basic allowance for housing.—** If a spouse or other [dependent](/usc/37/401.md?p=a) of a [member](/usc/37/101.md?p=23) relocates at a time different from the [member](/usc/37/101.md?p=23) in accordance with a request approved under [subsection (a)](#a), the amount of basic allowance for housing payable may be based on whichever of the following areas the [Secretary concerned](/usc/37/101.md?p=5) determines to be the most equitable:
    - (A) The area of the duty station to which the [member](/usc/37/101.md?p=23) is reassigned.
    - (B) The area in which the spouse or other [dependent](/usc/37/401.md?p=a) resides, but only if the spouse or other [dependent](/usc/37/401.md?p=a) resides in that area when the [member](/usc/37/101.md?p=23) departs for the duty station to which the [member](/usc/37/101.md?p=23) is reassigned, and only for the period during which the spouse or other [dependent](/usc/37/401.md?p=a) resides in that area.
    - (C) The area of the former duty station of the [member](/usc/37/101.md?p=23), but only if that area is different from the area in which the spouse or other [dependent](/usc/37/401.md?p=a) resides.
- (c) **Rule of Construction Related to Certain Basic Allowance for Housing Payments.—** Nothing in this section shall be construed to limit the payment or the amount of basic allowance for housing payable under [section 403(d)(3)(A) of this title](/usc/37/403.md?p=d-3-A) to a [member](/usc/37/101.md?p=23) whose request under [subsection (a)](#a) is approved.
- (d) **Housing Treatment Education.—** The regulations prescribed pursuant to this section shall ensure the relocation assistance programs under [section 1056 of title 10](/usc/10/1056.md) include, as part of the assistance normally provided under such section, education about the housing treatment available under this section.
- (e) **Definitions.—** In this section:
  - (1) **Covered relocation period.—**
    - (A) Subject to [subparagraph (B)](#e-1-B), the term “covered relocation period”, when used with respect to a [permanent change of station](#e-3) of a [member](/usc/37/101.md?p=23) of the [armed forces](/usc/37/101.md?p=4), means the period that—
      - (i) begins 180 days before the date of the [permanent change of station](#e-3); and
      - (ii) ends 180 days after the date of the [permanent change of station](#e-3).
    - (B) The regulations prescribed pursuant to this section may provide for a shortening or lengthening of the [covered relocation period](#e-1-A) of a [member](/usc/37/101.md?p=23) for purposes of this section.
  - (2) **Dependent.—** The term “[dependent](/usc/37/401.md?p=a)” has the meaning given that term in [section 401 of this title](/usc/37/401.md).
  - (3) **Permanent change of station.—** The term “permanent change of station” means a permanent change of station described in [section 452(b)(2) of this title](/usc/37/452.md?p=b-2).

# §403b. Cost-of-living allowance in the continental United States

- (a) **Payment Authorized.—** The [Secretary concerned](/usc/37/101.md?p=5) may [pay](/usc/37/101.md?p=21) a cost-of-living allowance to the eligible [members](/usc/37/101.md?p=23) of a uniformed service under the jurisdiction of the Secretary.
- (b) **Eligible Members.—** The following [members](/usc/37/101.md?p=23) are eligible to receive a cost-of-living allowance under this section:
  - (1) A [member](/usc/37/101.md?p=23) assigned to a high cost area in the [continental United States](/usc/37/101.md?p=1-B).
  - (2) A [member](/usc/37/101.md?p=23) assigned to an unaccompanied tour of duty outside the [continental United States](/usc/37/101.md?p=1-B) if the [primary dependent](#i-1) of the [member](/usc/37/101.md?p=23) resides in a high cost area in the [continental United States](/usc/37/101.md?p=1-B).
  - (3) A [member](/usc/37/101.md?p=23) assigned to duty in the [continental United States](/usc/37/101.md?p=1-B) if the Secretary of the uniformed service concerned determines that—
    - (A) the [primary dependent](#i-1) of the [member](/usc/37/101.md?p=23) must reside in a high cost area in the [continental United States](/usc/37/101.md?p=1-B) by reason of the [member](/usc/37/101.md?p=23)’s duty location or other circumstances; and
    - (B) it would be inequitable for the [member](/usc/37/101.md?p=23)’s eligibility for the allowance to be determined on the basis of the duty location of the [member](/usc/37/101.md?p=23).
- (c) **High Cost Area Defined.—** An area is a high cost area for a fiscal year for purposes of this section if the [uniformed services cost of living](#i-3) for that area for the [base period](#i-4) exceeds the average [cost of living](#i-2) in the [continental United States](/usc/37/101.md?p=1-B) for such [base period](#i-4) by at least the threshold percentage. The Secretary of Defense, in consultation with the other [administering Secretaries](#i-5), shall establish the threshold percentage, except that the threshold percentage may not be less than 5 percent. The [administering Secretaries](#i-5) may prescribe a higher threshold percentage to be applied for a fiscal year when it is necessary to do so in order to ensure that the total amount of the payments of the cost-of-living allowance made to [members](/usc/37/101.md?p=23) of the [uniformed services](/usc/37/101.md?p=3) under this section for such fiscal year does not exceed the total amount available to all [uniformed services](/usc/37/101.md?p=3) for that fiscal year for paying such allowance.
- (d) **Amount of Allowance.—** The cost-of-living allowance that may be paid to a [member](/usc/37/101.md?p=23) for a high cost area for a fiscal year shall be the amount that is equal to the product of—
  - (1) the amount of the average spendable income determined applicable for the regular military compensation level of such [member](/usc/37/101.md?p=23) under [subsection (g)](#g); and
  - (2) the percentage equal to the excess of—
    - (A) the percentage by which the [uniformed services cost of living](#i-3) for the [member](/usc/37/101.md?p=23)’s high cost area for the [base period](#i-4) exceeds the average [cost of living](#i-2) in the [continental United States](/usc/37/101.md?p=1-B) for such [base period](#i-4), over
    - (B) the threshold percentage applicable to such fiscal year under [subsection (c)](#c).
- (e) **Limitation to One Allowance.—** If [primary dependents](#i-1) of a [member](/usc/37/101.md?p=23) reside separately in different high cost areas—
  - (1) the [member](/usc/37/101.md?p=23) may be paid only one cost-of-living allowance under this section; and
  - (2) the cost-of-living allowance payable to the [member](/usc/37/101.md?p=23) shall be the highest of the amounts computed under this section for such high cost areas.
- (f) **Service Not Covered.—**
  - (1) A cost-of-living allowance may not be paid a [member](/usc/37/101.md?p=23) under this section for the days authorized for travel of the [member](/usc/37/101.md?p=23) in connection with a permanent change of duty station.
  - (2) A [member](/usc/37/101.md?p=23) of a [reserve component](/usc/37/101.md?p=24) is not eligible for a cost-of-living allowance under this section unless the [member](/usc/37/101.md?p=23) is on [active duty](/usc/37/101.md?p=18) under a call or order to [active duty](/usc/37/101.md?p=18) that—
    - (A) specifies a period of 140 days or more; or
    - (B) states that the call or order to [active duty](/usc/37/101.md?p=18) is in support of a [contingency operation](/usc/37/101.md?p=26).
- (g) **Average Spendable Income.—** The Secretary of Defense shall determine, using a methodology and assumptions that the Secretary considers appropriate, the amounts of average spendable income of [members](/usc/37/101.md?p=23) of the [uniformed services](/usc/37/101.md?p=3) for various ranges of regular military compensation. For purposes of this subsection, spendable income is the total amount of regular military compensation that is available for purchase of goods and services after allocation of amounts for taxes, insurance, housing, gifts and contributions, and savings.
- (h) **Joint Regulations.—** The Secretary of Defense and the other [administering Secretaries](#i-5) shall jointly prescribe regulations to carry out this section.
- (i) **Other Definitions.—** In this section:
  - (1) The term “primary dependent”, with respect to a [member](/usc/37/101.md?p=23), means—
    - (A) the [member](/usc/37/101.md?p=23)’s spouse; or
    - (B) in the case of an unmarried [member](/usc/37/101.md?p=23), a [dependent](/usc/37/401.md?p=a) described in paragraph (2) or (4) of [section 401(a) of this title](/usc/37/401.md?p=a).
  - (2) The term “cost of living” means a price index selected by the Secretary of Defense, in consultation with the other [administering Secretaries](#i-5), from among the following indices:
    - (A) The Consumer Price Index (all items–[United States](/usc/37/101.md?p=1-A) city average) published monthly by the Bureau of Labor Statistics.
    - (B) Any other index developed in the private sector that the Secretary of Defense, in consultation with the other [administering Secretaries](#i-5), determines is comparable to the Consumer Price Index and is appropriate for use for purposes of this section.
  - (3) The term “uniformed services cost of living” means the price index selected as described in [paragraph (2)](#i-2) and adjusted as the Secretary of Defense, in consultation with the other [administering Secretaries](#i-5), considers appropriate to reflect variations between expenses of [members](/usc/37/101.md?p=23) of the [uniformed services](/usc/37/101.md?p=3) (as offset by the basic allowance for subsistence) and the corresponding expenses of persons not [members](/usc/37/101.md?p=23) of the [uniformed services](/usc/37/101.md?p=3) with regard to the following:
    - (A) Nonhousing costs (including costs of transportation, goods, and services, taking into consideration savings attributable to use of such military facilities as commissary stores and exchange stores).
    - (B) Average income tax paid.
    - (C) Cost of health care.
  - (4) The term “base period”, with respect to a fiscal year, means the 12-month period ending on June 30 of the year in which such fiscal year begins.
  - (5) The term “administering Secretaries” means the following:
    - (A) The Secretary of Defense, with respect to the [armed forces](/usc/37/101.md?p=4) (other than the Coast Guard when it is not operating as a service in the Navy).
    - (B) The Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy.
    - (C) The Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration.
    - (D) The Secretary of Health and Human Services, with respect to the Public Health Service.