[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1154 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 1154
To amend title 37, United States Code, to provide for the housing
treatment of members of the Armed Forces and their spouses and
dependents undergoing a permanent change of station in the United
States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2017
Mr. Blunt (for himself and Mrs. Gillibrand) introduced the following
bill; which was read twice and referred to the Committee on Armed
Services
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A BILL
To amend title 37, United States Code, to provide for the housing
treatment of members of the Armed Forces and their spouses and
dependents undergoing a permanent change of station in the United
States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Family Stability Act''.
SEC. 2. 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.--
(1) In general.--Chapter 7 of title 37, United States Code,
is amended by inserting after section 403 the following new
section:
``Sec. 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 of the
armed forces described in paragraph (2) who is undergoing a
permanent change of station within the United States to request
the housing treatment described in subsection (b) during the
covered relocation period of the member.
``(2) Eligible members.--A member described in this
paragraph is any member 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 attending an
elementary or secondary school at the beginning of the
covered relocation period;
``(C) has one or more dependents enrolled in the
Exceptional Family Member Program; or
``(D) is caring for an immediate family member 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 of a member whose
request under subsection (a) is approved resides in Government-
owned or Government-leased housing at the beginning of the
covered relocation period, the spouse or other dependent 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 of a member whose request under subsection (a) is
approved is eligible to reside in Government-owned or
Government-leased housing following the member's permanent
change of station within the United States, the spouse or other
dependent 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 of a member
relocates at a time different from the member in accordance
with a request approved under subsection (a), the member may be
assigned to Government-owned or Government-leased housing
intended for the permanent housing of members without a spouse
or dependent until the member's detachment date or the spouse
or other dependent's arrival date, but only if such Government-
owned or Government-leased housing is available without
displacing a member without a spouse or dependent at such
housing.
``(4) Equitable basic allowance for housing.--If a spouse
or other dependent of a member relocates at a time different
from the member in accordance with a request approved under
subsection (a), the amount of basic allowance for housing
payable may be based on whichever of the following areas the
Secretary concerned determines to be the most equitable:
``(A) The area of the duty station to which the
member is reassigned.
``(B) The area in which the spouse or other
dependent resides, but only if the spouse or other
dependent resides in that area when the member departs
for the duty station to which the member is reassigned,
and only for the period during which the spouse or
other dependent resides in that area.
``(C) The area of the former duty station of the
member, but only if that area is different from the
area in which the spouse or other dependent 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 to a member whose request under
subsection (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 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), the term `covered relocation period', when
used with respect to a permanent change of station of a member
of the armed forces, 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 lengthening of the covered relocation period
of a member for purposes of this section.
``(2) Dependent.--The term `dependent' has the meaning
given that term in section 401 of this title.
``(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.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 7 such title is amended by inserting after
the item relating to section 403 the following new item:
``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.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and shall apply with
respect to permanent changes of station of members of the Armed Forces
that occur on or after October 1 of the fiscal year that begins after
such date of enactment.
(c) Comptroller General of the United States Report.--
(1) Report required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to Congress a report on
potential actions of the Department of Defense to enhance the
well-being of military families undergoing a permanent change
of station.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A comparison of the current percentage of
spouses in military families who work with the
percentage of spouses in military families who worked
in the recent past, and an assessment of the impact of
the change in such percentage on military families.
(B) An assessment of the effects of relocation of
military families undergoing a permanent change of
station on the employment, education, and licensure of
spouses of military families.
(C) An identification of potential actions of the
Department to enhance the well-being of military
families undergoing a permanent change of station and
to generate cost savings in connection with such
changes of station.
(D) An assessment of the utilization rate of the
housing treatment provided by section 403a of title 37,
United States Code (as added by subsection (a)).
(E) Such other matters as the Comptroller General
considers appropriate.
(3) Additional element on funding military family support
programs.--In addition to the elements specified in paragraph
(2), the report required by paragraph (1) shall also include a
comparison of--
(A) the average annual amount spent by each Armed
Force over the five-year period ending on December 31,
2016, on recruitment and retention bonuses and special
pays for members of such Armed Force; and
(B) the average annual amount spent by such Armed
Force over such period on programs for military
families and support of military families.
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