§403. Basic allowance for quarters
(a)(1) Except as otherwise provided by law, a member of a uniformed service who is entitled to basic pay is entitled to a basic allowance for quarters at the monthly rates prescribed in accordance with section 1009 of this title or as otherwise prescribed by law, according to the pay grade in which he is assigned or distributed for basic pay purposes. The allowance authorized by this section may be paid in advance.
(2) A member of a uniformed service with dependents is not entitled to a basic allowance for quarters as a member with dependents unless the member makes an annual certification to the Secretary concerned indicating the status of each dependent of the member. The certification shall be made in accordance with regulations prescribed by the Secretary of Defense.
(b) Except as otherwise provided by law, a member of a uniformed service who is assigned to quarters of the United States or a housing facility under the jurisdiction of a uniformed service, appropriate to his grade, rank, or rating and adequate for himself, and his dependents, if with dependents, is not entitled to a basic allowance for quarters. However, subject to the provisions of subsection (j), a member without dependents who is in a pay grade above pay grade E–6 and who is assigned to quarters of the United States or a housing facility under the jurisdiction of a uniformed service, appropriate to his grade or rank and adequate for himself, may elect not to occupy those quarters and instead to receive the basic allowance for quarters prescribed for his pay grade by this section.
(c)(1) A member of a uniformed service without dependents 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 unless his commanding officer certifies that the member was necessarily required to procure quarters at his expense.
(2) A member of a uniformed service without dependents who is in a pay grade below pay grade E–7 is not entitled to a basic allowance for quarters while he is on sea duty. A member of a uniformed service without dependents who is in a pay grade above E–6 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.
(d)(1) A member of a uniformed service who is assigned to quarters of the United States or a housing facility under the jurisdiction of a uniformed service may not be denied the basic allowance for quarters if, because of orders of competent authority, his dependents are prevented from occupying those quarters.
(2) A member of a reserve component without dependents who is called or ordered to active duty in support of a contingency operation (other than a member who is authorized transportation of household goods under section 406 of this title as part of that call or order) may not be denied a basic allowance for quarters if, because of that call or order, the member is unable to continue to occupy a residence-
(A) which is maintained as the primary residence of the member at the time of the call or order; and
(B) which is owned by the member or for which the member is responsible for rental payments.
(e) Notwithstanding any other law (including those restricting the occupancy of housing facilities under the jurisdiction of a department or agency of the United States by members, and their dependents, of the armed forces above specified grades, or by members, and their dependents of the National Oceanic and Atmospheric Administration and the Public Health Service), a member of a uniformed service, and his dependents, 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 and occupancy without charge by such a member, and his dependents, if any. Such a member may not, because of his occupancy under this subsection, be deprived of any money allowance to which he is otherwise entitled for the rental of quarters.
(f) A member of a uniformed service without dependents who is in pay grade E–4 (four or more years' service), or above, is entitled to a basic allowance for quarters while he is in a travel or leave status between permanent duty stations, including time granted as delay enroute or proceed time, when he is not assigned to quarters of the United States.
(g) An aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard is entitled to the same basic allowance for quarters as a member of the uniformed services in pay grade E–4.
(h) The Secretary concerned, or his designee, may make any determination necessary to administer this section with regard to enlisted members, including determinations of dependency and relationship, and may, when warranted by the circumstances, reconsider and change or modify any such determination. This authority may be redelegated by the Secretary concerned or his designee. Any determination made under this section with regard to enlisted members is final and is not subject to review by any accounting officer of the United States or a court, unless there is fraud or gross negligence.
(i) Notwithstanding any other provision of law, the basic allowance for quarters to which an enlisted member may be entitled as a member with dependents shall not, for such period as the Secretary concerned may prescribe, be contingent on the right of such member to receive pay.
(j)(1) The Secretary of Defense shall prescribe regulations for the administration of this section, including definitions of the terms "field duty" and "sea duty".
(2) The Secretary concerned may deny the right to make an election under subsection (b) if he determines that the exercise of such an election would adversely affect a training mission, military discipline, or military readiness.
(k) Parking facilities (including utility connections) provided members of the uniformed services 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 fee 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)(1) The Secretary of Defense, or the Secretary of Transportation in the case of the Coast Guard when not operating as a service in the Navy, may allow the dependents of a member of the armed forces who dies in line of duty and whose dependents are occupying family housing provided by the Department of Defense, or by the Department of Transportation in the case of the Coast Guard, other than on a rental basis on the date of the member's death to continue to occupy such housing without charge for a period of 180 days.
(2) The Secretary concerned may pay an allowance for quarters to the dependents of a member of the uniformed services who dies in line of duty and whose dependents are not occupying a housing facility under the jurisdiction of a uniformed service on the date of the member's death or are occupying such housing on a rental basis on such date, or whose dependents vacate such housing sooner than 180 days after the date of the member's death. The amount of the allowance for quarters shall be the same amount that would be payable to the deceased member under sections 403, 403a, and 405 of this title if the member had not died. The payment of an allowance for quarters under this subsection shall terminate 180 days after the date of the member's death.
(m)(1) Except as provided in paragraph (2), in the case of a member of a uniformed service who is assigned to quarters of the United States or a housing facility under the jurisdiction of a uniformed service and who is authorized a basic allowance for quarters solely by reason of the member's payment of child support, the amount of the basic allowance for quarters to which the member is entitled shall be equal to the difference between the basic allowance for quarters applicable to the member's grade, rank, or rating at the with-dependent rate and the applicable basic allowance for quarters at the without-dependent rate.
(2) A member of a uniformed service shall not be entitled to a basic allowance for quarters solely by reason of the payment of child support if the monthly rate of that child support is less than the amount of the basic allowance for quarters computed for the member under paragraph (1).
(3) The application of this subsection to a member of a uniformed service shall not affect the entitlement of that member to a basic allowance for quarters at a partial rate under section 1009(c) of this title.
(
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 403(a)
403(b) 403(c) 403(d) |
37:252(a). 37:252(f). 37:252(b). 37:252(c). 37:252(d). |
Oct. 12, 1949, ch. 681, §302(a)–(f), |
| 403(e) | 37:111a. | July 2, 1945, ch. 227, |
| 403(f) 403(g) |
37:320. 37:252(e). |
June 29, 1950, ch. 405, §102, |
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".
Amendments
1994-Subsec. (l).
1991-Subsec. (a).
Subsec. (b).
Subsec. (d).
Subsec. (j)(1).
Subsec. (j)(2).
Subsec. (m).
1987-Subsec. (l)(1).
1985-Subsec. (a).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (k).
Subsec. (l).
1984-
Subsec. (a).
Subsec. (j)(2).
1983-Subsec. (a)(2)(A), (D).
1981-Subsec. (b).
1980-
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (e).
Subsec. (j).
Subsec. (k).
1974-Subsec. (a).
1973-Subsec. (a).
| "E–4 | $81.60 | $121.50 |
| E–3 | 72.30 | 105.00 |
| E–2 | 63.90 | 105.00 |
| E–1 | 60.00 | 105.00" |
| for former provisions reading: |
||
| "E–4 (over 4 years' service) | 81.60 | 121.50 |
| E–4 (4 years' or less service) | 45.00 | 45.00 |
| E–3 | 45.00 | 45.00 |
| E–2 | 45.00 | 45.00 |
| E–1 | 45.00 | 45.00" |
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).
Subsecs. (g) to (j).
1971-Subsec. (a).
| "Pay grade | Without dependents | With dependents |
|---|---|---|
| O–10 | $160.20 | $201.00 |
| O–9 | 160.20 | 201.00 |
| O–8 | 160.20 | 201.00 |
| O–7 | 160.20 | 201.00 |
| O–6 | 140.10 | 170.10 |
| O–5 | 130.20 | 157.50 |
| O–4 | 120.00 | 145.05 |
| O–3 | 105.00 | 130.05 |
| O–2 | 95.10 | 120.00 |
| O–1 | 85.20 | 110.10 |
| W–4 | 120.00 | 145.05 |
| W–3 | 105.00 | 130.05 |
| W–2 | 95.10 | 120.00 |
| W–1 | 85.20 | 110.10 |
| E–9 | 85.20 | 120.00 |
| E–8 | 85.20 | 120.00 |
| E–7 | 75.00 | 114.90 |
| E–6 | 70.20 | 110.10 |
| E–5 | 70.20 | 105.00 |
| E–4 (over 4 years' service) | 70.20 | 105.00 |
| E–4 (4 years' or less service) | 45.00 | 45.00 |
| E–3 | 45.00 | 45.00 |
| E–2 | 45.00 | 45.00 |
| E–1 | 45.00 | 45.00" |
1967-Subsec. (f).
1966-Subsec. (a).
| "Pay grade | Without dependents | With dependents |
|---|---|---|
| O–10 | $171.00 | $136.80 |
| O–9 | 171.00 | 136.80 |
| O–8 | 171.00 | 136.80 |
| O–7 | 171.00 | 136.80 |
| O–6 | 136.80 | 119.70 |
| O–5 | 136.80 | 102.60 |
| O–4 | 119.70 | 94.20 |
| O–3 | 102.60 | 85.50 |
| O–2 | 94.20 | 77.10 |
| O–1 | 85.50 | 68.40 |
| W–4 | 119.70 | 94.20 |
| W–3 | 102.60 | 85.50 |
| W–2 | 94.20 | 77.10 |
| W–1 | 85.50 | 68.40 |
| E–9 | 67.50 | 45.00 |
| E–8 | 67.50 | 45.00 |
| E–7 | 67.50 | 45.00 |
| E–6 | 67.50 | 45.00 |
| E–5 | 67.50 | 45.00 |
| E–4 (7 or more years' service creditable under section 205) | 67.50 | 45.00 |
| E–4 (less than 7 years' service creditable under section 205) | 45.00 | 45.00 |
| E–3 | 45.00 | 45.00 |
| E–2 | 45.00 | 45.00 |
| E–1 | 45.00 | 45.00" |
Subsec. (e).
1963-Subsec. (b).
Effective Date of 1994 Amendment
Section 604(c) of
Effective Date of 1991 Amendment
Section 604(c) of
Section 632(b) of
Effective Date of 1985 Amendments
Section 2 of
Section 604(c) of
Section 605(b) of
"(1) The amendments made by paragraphs (1) and (2) of subsection (a) [amending this section] shall take effect on October 1, 1985.
"(2) 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
Effective Date of 1984 Amendment
Amendment by section 602(c) of
Section 604(b) of
Effective Date of 1983 Amendment
Section 907(b) of
Effective Date of 1981 Amendment
Section 11(b)(2) of
Effective Date of 1980 Amendments
Section 6(d) of
Amendment by
Section 4(b) of
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1973 Amendment
Amendment by
Effective Date of 1971 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
Effective Date of 1963 Amendment
Amendment by
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,
Exception to Limitation on Amount of Basic Allowance for Quarters for Members Receiving Allowance Due to Payment of Child Support
Section 602(b) of
Active Duty in Connection With Operation Desert Storm
Section 310A of
"(a)
"(1) which is maintained as the primary residence of the member at the time of the call or order; and
"(2) which is owned by the member or for which the member is responsible for rental payments.
"(b)
Increase in Basic Allowance for Quarters Effective January 1, 1989
"(1) The rates of basic allowance for quarters for members of the uniformed services are increased by 7 percent effective on January 1, 1989.
"(2) The President may allocate the increase in the rates of basic allowance for quarters provided in paragraph (1) among pay grades and dependency categories so that the resulting rates of basic allowance for quarters, expressed in the case of each such rate as a percentage determined under paragraph (3), are as nearly as practicable the same.
"(3) The percentage of the rate of basic allowance for quarters for any pay grade and dependency status to be applied for the purpose of paragraph (2) is the percentage that results from dividing such rate by the national median cost of housing (as determined by the Secretary of Defense) for members of that pay grade and dependency status.
"(4) An allocation under paragraph (2) may not reduce the rate of basic allowance for quarters for members in any pay grade and dependency status below the rate in effect with respect to such members on December 31, 1988.
"(5) The Secretary of Defense may 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."
Increase in Basic Allowance for Quarters Effective January 1, 1988
The basic allowance for quarters for members of the uniformed services increased by 2 percent effective Jan. 1, 1988, see section 601(b) of
Minimum Rate of Quarters Allowance Set at Rate as of December 31, 1984
Basic Allowance for Quarters and Variable Housing Allowance
Section 602(a) of
"(1) Effective on January 1, 1985, the rates of the basic allowance for quarters authorized by section 403(a)(1) of title 37, United States Code, are as follows:
| " 'Pay Grade | Without Dependents | With Dependents | |
|---|---|---|---|
| Full Rate | Partial Rate 1 | ||
| Commissioned officers: | |||
| O–10 | $537.30 | $50.70 | $660.90 |
| O–9 | 537.30 | 50.70 | 660.90 |
| O–8 | 537.30 | 50.70 | 660.90 |
| O–7 | 537.30 | 50.70 | 660.90 |
| O–6 | 493.20 | 39.60 | 599.40 |
| O–5 | 465.30 | 33.00 | 552.30 |
| O–4 | 426.60 | 26.70 | 504.90 |
| O–3 | 345.30 | 22.20 | 420.90 |
| O–2 | 278.10 | 17.70 | 360.90 |
| O–1 | 238.50 | 13.20 | 323.70 |
| Warrant officers: | |||
| W–4 | 391.20 | 25.20 | 453.90 |
| W–3 | 330.30 | 20.70 | 405.90 |
| W–2 | 297.00 | 15.90 | 379.50 |
| W–1 | 251.40 | 13.80 | 330.90 |
| Enlisted members: | |||
| E–9 | 315.30 | 18.60 | 429.90 |
| E–8 | 292.20 | 15.30 | 400.50 |
| E–7 | 249.30 | 12.00 | 372.60 |
| E–6 | 221.40 | 9.90 | 337.80 |
| E–5 | 204.90 | 8.70 | 300.30 |
| E–4 | 177.60 | 8.10 | 259.50 |
| E–3 | 172.50 | 7.80 | 238.50 |
| E–2 | 146.40 | 7.20 | 238.50 |
| E–1 | 133.50 | 6.90 | 238.50'. |
" '1 Payable to a member without dependents who under section 403(b) or (c) of title 37, United States Code, is not entitled to receive a basic allowance for quarters.'
"(2)(A) During the period described in subparagraph (B), the rate of the basic allowance for quarters authorized by section 403(a)(1) of title 37, United States Code, which is payable to a member of the uniformed services who is entitled to that allowance during such period and who was entitled to that allowance on December 31, 1984, shall not be less than the rate of the basic allowance for quarters that was in effect for that member on December 31, 1984 (unless the member holds a lower grade than he held on that date or has had a change in dependent status from a 'with dependents' status to a 'without dependents' status).
"(B) The period referred to in subparagraph (A) is the period beginning on January 1, 1985, and ending on the effective date of a change made by law in the rates of basic allowance for quarters that increases the rates for such allowance to a level not less than 7 percent greater than the rates in effect on January 1, 1985."
[Section 1341(b) of
Freeze of Variable Housing Allowance at Fiscal Year 1983 Rates
Section 906 of
Variable Housing Allowance During Fiscal Year 1981; Amount; Regulations
Section 4(c) of
"(1) During fiscal year 1981, a member of a uniformed service entitled to basic allowance for quarters under section 403 of title 37, United States Code, may be paid a variable housing allowance under this subsection whenever assigned to duty in an area of the United States (other than Alaska and Hawaii) which is a high housing cost area with respect to such member. A member with dependents who is assigned to an unaccompanied tour of duty outside the United States may be paid a variable housing allowance under this subsection while serving such tour of duty for any period during which the member's dependents reside in an area of the United States which would qualify the member to receive a variable housing allowance under this subsection if assigned to duty in that area.
"(2) The monthly amount of a variable housing allowance under this subsection for any member may not exceed the difference between (A) the average monthly cost of housing in that area for members of the uniformed services serving in the same pay grade as that member (as determined under regulations prescribed under paragraph (4)), and (B) 115 percent of the amount of the basic allowance for quarters to which that member is entitled.
"(3) For the purposes of this subsection, an area shall be considered to be a high housing cost area with respect to a member of a uniformed service whenever the average monthly cost of housing in that area for members serving in the same pay grade as that member (as determined under regulations prescribed under paragraph (4)) exceeds 115 percent of the amount of the basic allowance for quarters of that member.
"(4) Regulations shall be prescribed for the administration of this subsection in the same manner that regulations are prescribed under subsection (j) of section 403 of title 37, United States Code, for the administration of such section."
Pay Continuation
Amendment of this section by
1962 Increase in Quarters Allowance
Act Oct. 12, 1949, ch. 681, title III, §302(f),
Enlisted Members Without Dependents
Act Oct. 12, 1949, ch. 681, title III, 302(g),
Authority of Secretaries With Respect to Payment of Quarters Allowances
Regulations Relating to Quarters Allowance
Regulations relating to basic allowance for quarters, see Ex. Ord. No. 11157, June 22, 1964, 29 F.R. 7973, set out as a note under section 301 of this title.
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, set out as a note under section 301 of this title.
Cross References
Assimilation of pay and allowances, see section 1003 of this title.
Section Referred to in Other Sections
This section is referred to in sections 407, 420, 1003, 1009 of this title; title 32 section 107; title 50 App. section 454.