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mined by the Secretary, for members of the uni-
formed services serving in the same pay grade and
with the same dependency status as the member.
‘‘(3) The rates of basic allowance for quarters shall
be reduced as necessary to comply with this paragraph.
The total amount that may be paid for a fiscal year for
the basic allowance for quarters is the product of—
‘‘(A) the total amount authorized to be paid for
such allowance for the preceding fiscal year (as ad-
justed under paragraph (5)); and
‘‘(B) a fraction—
‘‘(i) the numerator of which is the index of
the national average monthly cost of housing
for June of the preceding fiscal year; and
‘‘(ii) the denominator of which is the index
of the national average monthly cost of housing
for June of the fiscal year before the preceding
fiscal year.
‘‘(4) An adjustment in the rates of basic allowance
for quarters 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
under section 1009 of this title or other provision of law.
‘‘(5) In making a determination under paragraph (3)
for a fiscal year, the amount authorized to be paid for
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the preceding fiscal year for the basic allowance for quar-
ters shall be adjusted to reflect changes during the year
for which the determination is made in the number, grade
distribution, geographic distribution, and dependency sta-
tus of members of the uniformed services entitled to the
allowance from the number of such members during the
preceding fiscal year.
‘‘(6) So long as a member of a uniformed service re-
tains uninterrupted eligibility to receive a basic allowance
for quarters within an area of the United States, the
monthly amount of the allowance for the member may not
be reduced as a result of changes in housing costs in the
area, changes in the national average monthly cost of
housing, or the promotion of the member.
‘‘(f) OVERSEAS STATION HOUSING ALLOWANCE.—
(1) The Secretary of Defense may prescribe an overseas
station housing allowance for a member of a uniformed
service who is on duty outside of the United States. The
Secretary shall base the station housing allowance on
housing costs in the overseas area in which the member
is assigned.
‘‘(2) So long as a member of a uniformed service re-
tains uninterrupted eligibility to receive an overseas sta-
tion housing allowance in an overseas area and the actual
monthly cost of housing for the member is not reduced,
238
the monthly amount of the overseas station housing allow-
ance may not be reduced as a result of changes in housing
costs in the area or the promotion of the member. The
monthly amount of the allowance may be adjusted to re-
flect changes in currency rates.
‘‘(g) FAMILY SEPARATION HOUSING ALLOWANCE.—
(1) A member of a uniformed service with dependents who
is on permanent duty at a location described in paragraph
(2) is entitled to a family separation housing allowance
under this subsection at a monthly rate equal to the rate
of basic allowance for quarters or overseas station housing
allowance established for that location for members with-
out dependents in the same grade.
‘‘(2) A permanent duty location referred to in para-
graph (1) is a location—
‘‘(A) to which the movement of the member’s
dependents is not authorized at the expense of the
United States under section 406 of this title, and
the member’s dependents do not reside at or near
the location; and
‘‘(B) at which quarters of the United States are
not available for assignment to the member.
‘‘(3) The allowance provided under this subsection is
in addition to any other allowance or per diem that the
member is otherwise entitled to under this title.
239
‘‘(h) PARTIAL ALLOWANCE.—(1) The Secretary of
Defense may prescribe a partial basic allowance for hous-
ing for a member of a uniformed service without depend-
ents who is not entitled to the allowance pursuant to sub-
section (c) or (d).
‘‘(2) In the case of a member of a uniformed service
who is assigned to quarters of the United States and pays
child support, the Secretary of Defense may authorize the
payment of a partial basic allowance for housing, at a rate
prescribed by the Secretary, on account of the member’s
payment of the child support. The allowance shall be at
a reduced rate to reflect the member’s assignment to quar-
ters of the United States. The amount of the partial allow-
ance shall not exceed the monthly rate of the member’s
child support. The payment of a partial allowance under
this paragraph to a member may be in addition to any
allowance paid to the member under paragraph (1).
‘‘(i) SPECIAL RULES
FOR CERTAIN MEMBERS.—
(1)(A) In the case of a member of a reserve component
of a uniformed service without dependents who is called
or ordered to active duty (other than for training) or a
retired member without dependents ordered to active duty
under section 688(a) of title 10, the member shall be con-
sidered to be assigned to duty at the location of the pri-
mary residence of the member at the time of the call or
240
order for purposes of determining the amount of the mem-
ber’s basic allowance for housing.
‘‘(B) If a member described in subparagraph (A) is
called or ordered to active duty for less than 30 days, the
Secretary of Defense shall prescribe the amount of the
basic allowance for housing to be paid to the member.
‘‘(C) This paragraph shall not apply to a member de-
scribed in subparagraph (A) if the member is authorized
transportation of household goods under section 406 of
this title as part of the call or order to active duty or if
the primary residence of the member is not owned by the
member or the member is not responsible for rental pay-
ments.
‘‘(2) A member of a uniformed service without de-
pendents who is in pay grade E–4 (four or more years’
service), or above, is entitled to a basic allowance for hous-
ing while the member is in a travel or leave status between
permanent duty stations, including time granted as delay
en route or proceed time, when the member is not assigned
to quarters of the United States. Notwithstanding sub-
section (e)(2), the rate of basic allowance for quarters for
such a member shall be equal to the national average
monthly cost of housing in the United States, as deter-
mined by the Secretary, for members of the uniformed
241
services serving in the same pay grade and with the same
dependency status as the member.
‘‘(3) The eligibility of an aviation cadet of the Navy,
Air Force, Marine Corps, or Coast Guard for a basic al-
lowance for housing shall be determined as if the aviation
cadet were a member of the uniformed services in pay
grade E–4.
‘‘(4) In the case of a member without dependents who
is assigned to duty inside the United States, the location
or the circumstances of which make it necessary that the
member be reassigned under the conditions of low cost or
no cost permanent change of station or permanent change
of assignment, the member may be treated as if the mem-
ber were not reassigned if the Secretary concerned deter-
mines that it would be inequitable to base the member’s
entitlement to, and amount of, a basic allowance for hous-
ing on the area to which the member is reassigned.
‘‘(j) ADMINISTRATION.—(1) The Secretary concerned
may make such determinations as may be necessary to ad-
minister this section, including determinations of depend-
ency and relationship. When warranted by the cir-
cumstances, the Secretary concerned may reconsider and
change or modify any such determination. This authority
may be delegated by the Secretary concerned. Any deter-
mination made under this section with regard to a member
242
of the uniformed services is final and is not subject to re-
view by any accounting officer of the United States or a
court, unless there is fraud or gross negligence.
‘‘(2) 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 fees es-
tablished 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.
‘‘(k) TEMPORARY CONTINUATION OF ALLOWANCE.—
(1) The Secretary of Defense, or the Secretary of Trans-
portation in the case of the Coast Guard when not operat-
ing as a service in the Navy, may allow the dependents
of a member of the armed forces who dies while on active
duty and whose dependents are occupying family housing
provided by the Department of Defense, or by the Depart-
ment 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.