Sec. 604. RATES OF BASIC ALLOWANCE FOR HOUSING FOR MEMBERS PERFORMING ACTIVE GUARD AND RESERVE DUTY
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## SEC. 604 RATES OF BASIC ALLOWANCE FOR HOUSING FOR MEMBERS PERFORMING ACTIVE GUARD AND RESERVE DUTY ###
(a)Treatment of Active Guard and Reserve Duty Section 403(g) of title 37, United States Code, is amended by adding at the end the following new paragraph: > > #### “(6) > > > #####
(A)> > This paragraph applies with respect to a member of a reserve component who performs active Guard and Reserve duty (as defined in section 101(d)(6) of title 10). > > > ##### “(B) > > The rate of basic allowance for housing to be paid to a member described in subparagraph
(A)shall be based on the member’s permanent duty station, even during instances in which the member is mobilized for service on active duty other than active Guard and Reserve duty. > > > ##### “(C) > > > ######
(i)> > During transitions in service status from active Guard and Reserve duty to other active duty 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 described in subparagraph
(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) and (c)(2) so long as the member remains on active duty without a break in service. > > > ###### “(ii) > > Clause
(i)does not apply if the member’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), a break in active service occurs when one or more calendar days between active service periods do not qualify as active service. > > > ##### “(D) > > Subsections (d)(3) and
(o)also apply to a member described in subparagraph (A).” > . ###
(b)Transitional Provisions **[**[37 U.S.C. 403 note](/us/usc/t37/s403)**]** ####
(1)In general The basic allowance for housing paid to a member of a reserve component described in subparagraph
(A)of paragraph
(6)of section 403(g) of title 37, United States Code, as added by subsection (a), who on January 2, 2013, is being paid basic allowance for housing at a rate that is based on a housing area other than the member’s permanent duty station, shall be paid at that current rate until the member is assigned to perform duty at the member’s permanent duty station, at which time the member shall be paid basic allowance for housing at the prevailing permanent duty station housing area rate or at the permanent duty station housing rate for which the member has qualified under such paragraph (6). ####
(2)Alternative rate The Secretary of a military department, with the approval of the Secretary of Defense, may pay a member covered by paragraph
(1)and under the jurisdiction of that Secretary a basic allowance for housing at a rate higher than the rate provided under such paragraph to ensure that the member is treated fairly and equitably or to serve the best interests of the United States.
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Sec. 604
RATES OF BASIC ALLOWANCE FOR HOUSING FOR MEMBERS PERFORMING ACTIVE GUARD AND RESERVE DUTY
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