---
kind: "section"
citation: "37 U.S.C. § 403a"
title: "37"
title_heading: "Pay and Allowances of the Uniformed Services"
number: "403a"
heading: "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"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/37/403a"
units:
  - "Chapter 7 — Allowances Other Than Travel and Transportation Allowances"
---

# §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 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 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;
    - (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;
    - (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.
- (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, 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 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.
  - (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 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; and
      - (ii) ends 180 days after the date of the permanent change of station.
    - (B) The regulations prescribed pursuant to this section may provide for a shortening or lengthening of the covered relocation period of a [member](/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).

## Source credit

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

## Notes

### 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.”