[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 279 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 279

  To amend title 10, United States Code, to provide a period for the 
 relocation of spouses and dependents of certain members of the Armed 
 Forces undergoing a permanent change of station in order to ease and 
facilitate the relocation of military families, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2017

 Ms. Stefanik introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To amend title 10, United States Code, to provide a period for the 
 relocation of spouses and dependents of certain members of the Armed 
 Forces undergoing a permanent change of station in order to ease and 
facilitate the relocation of military families, 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 of 
2017''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The approach to military families within the Department 
        of Defense has changed considerably over the past decade, and 
        recruitment and retention of military families is now seen as 
        at least as important as the recruitment and retention of 
        individual members of the Armed Forces.
            (2) Numerous programs exist within the Department to 
        address the challenges and needs of military families, but the 
        current military family readiness system falls short of 
        providing military families the flexibility they need during 
        moves in connection with permanent changes of station (PCS).
            (3) More military spouses are employed, and military 
        spouses have higher levels of educational attainment, than ever 
        before, and retention of the force in the future will depend 
        fundamentally on retention of the military family.
            (4) All members of the Army and the Marine Corps in pay 
        grade E-5 and below, and all members of the Navy and the Air 
        Force in pay grade E-4 and below, are eligible for no-cost 
        temporary housing.
            (5) From October 1, 2014, to September 30, 2015, every 
        military installation of each Armed Force had unaccompanied 
        quarters available for members described in paragraph (4) 
        according to Permanent Party Unaccompanied Housing Net 
        Utilization reports of the Department.
            (6) The members described in paragraph (4) comprise more 
        than 30 percent of the total military population with families, 
        according to Department manpower data under the Active Duty 
        Family File.

SEC. 3. PERIOD FOR RELOCATION OF SPOUSES AND DEPENDENTS OF CERTAIN 
              MEMBERS OF THE ARMED FORCES UNDERGOING A PERMANENT CHANGE 
              OF STATION.

    (a) Period of Relocation.--
            (1) In general.--Subchapter I of chapter 88 of title 10, 
        United States Code, is amended by inserting after section 1784a 
        the following new section:
``Sec. 1784b. Relocation of spouses and dependents in connection with 
              the permanent change of station of certain members
    ``(a) Election of Timing of Relocation of Spouses in Connection 
With PCS.--
            ``(1) In general.--Subject to paragraph (2) and subsection 
        (c), a member of the armed forces undergoing a permanent change 
        of station and the member's spouse may jointly elect that the 
        spouse may relocate to the location to which the member will 
        relocate in connection with the permanent change of station at 
        such time during the covered relocation period as the member 
        and spouse jointly select.
            ``(2) Members and spouses eligible to make elections.--A 
        member and spouse may make an election pursuant to paragraph 
        (1) as follows:
                    ``(A) If the spouse either--
                            ``(i) is gainfully employed at the 
                        beginning of the covered relocation period 
                        concerned; or
                            ``(ii) is enrolled in a degree, 
                        certificate, or license-granting program at the 
                        beginning of the covered relocation period.
                    ``(B) If the member and spouse have one or more 
                dependents at the beginning of the covered relocation 
                period concerned, either--
                            ``(i) at least one dependent is a child in 
                        elementary or secondary school at the beginning 
                        of the covered relocation period;
                            ``(ii) the spouse or at least one such 
                        dependent are covered by the Exceptional Family 
                        Member Program at the beginning of the covered 
                        relocation period; or
                            ``(iii) the member and spouse are caring at 
                        the beginning of the covered relocation period 
                        for an immediate family member with a chronic 
                        or long-term illness, as determined pursuant to 
                        the regulations applicable to the member's 
                        armed force pursuant to subsection (h).
                    ``(C) If the member is undergoing a permanent 
                change of station as an individual augmentee or other 
                deployment arrangement specified in the regulations 
                applicable to the member's armed force pursuant to 
                subsection (h).
                    ``(D) If the member, spouse, or both, meet such 
                other qualification or qualifications as are specified 
                in the regulations applicable to the member's armed 
                force pursuant to subsection (h).
                    ``(E) In the case of a member and spouse who do not 
                otherwise meet any qualification in subparagraphs (A) 
                through (D), if the commander of the member at the 
                beginning of the covered relocation period determines 
                that eligibility to make the election is in the 
                interests of the member and spouse for family stability 
                during the covered relocation period and in the 
                interests of the armed force concerned. Any such 
                determination shall be made on a case-by-case basis.
    ``(b) Election of Timing of Relocation of Certain Dependents of 
Unmarried Members in Connection With PCS.--
            ``(1) In general.--Subject to subsection (c), a member of 
        the armed forces undergoing a permanent change of station who 
        has one or more dependents described in paragraph (2) and is no 
        longer married to the individual who is or was the parent 
        (including parent by adoption) of such dependents at the 
        beginning of the covered period of relocation may elect that 
        such dependents may relocate to the location to which the 
        member will relocate in connection with the permanent change of 
        station at such time during the covered relocation period as 
        elected as follows:
                    ``(A) By the member alone if such individual is 
                dead or has no custodial rights in such dependents at 
                the beginning of such period.
                    ``(B) By the member and such individual jointly in 
                all other circumstances.
            ``(2) Dependents.--The dependents described in this 
        paragraph are as follows:
                    ``(A) Dependents over the age of 19 years for whom 
                the member has power of attorney regarding residence.
                    ``(B) Dependents under the age of 20 years who will 
                reside with a caregiver according to the Family Care 
                Plan of the member during the covered period of 
                relocation until relocated pursuant to an election 
                under this subsection.
    ``(c) Limitations.--
            ``(1) Outstanding period of obligated service at time of 
        election.--A member may not make an election under subsection 
        (a) or (b) unless the member's period of obligated service, or 
        the time remaining under the member's enlistment contract, at 
        the time of election is not less than 24 months.
            ``(2) Number of elections.--The aggregate number of 
        elections made by a member under subsections (a) and (b) may 
        not exceed three elections.
    ``(d) Housing.--(1)(A) If the spouse of a member relocates before 
the member in accordance with an election pursuant to subsection (a), 
the member shall be assigned to quarters or other housing facilities of 
the United States as a bachelor, if such quarters are available, until 
the date of the member's permanent change of station.
    ``(B) The quarters or housing facilities to which a member is 
assigned pursuant to subparagraph (A) shall, to the extent practicable, 
be quarters or housing facilities that do not impose or collect a lease 
fee on the member for occupancy.
    ``(C)(i) If quarters or housing facilities that do not impose or 
collect a lease fee for occupancy are not available for a particular 
member, the quarters or housing facilities to which the member is 
assigned shall be quarters or housing facilities that impose or collect 
the lowest reasonable lease fee for occupancy that can be obtained for 
the member by the Secretary concerned for purposes of this 
subparagraph.
    ``(ii) Each Secretary concerned shall provide for the insertion 
into contracts for the acquisition or improvement of military 
unaccompanied housing pursuant to subchapter IV of chapter 169 of this 
title of a clause permitting members covered by this subparagraph to be 
assigned to such military unaccompanied housing at the lease fee for 
occupancy obtained by the Secretary concerned pursuant to clause (i) 
for a period of not more than 150 days.
    ``(2) If a spouse and any dependents of a member covered by an 
election under this section reside in housing of the United States at 
the beginning of the covered period of relocation, the spouse and 
dependents may continue to reside in such housing throughout the 
covered period of relocation, regardless of the date of the member's 
permanent change of station.
    ``(3) If a spouse and any dependents of a member covered by an 
election under this section are eligible to reside in housing of the 
United States following the member's permanent change of station, the 
spouse and dependents may commence residing in such housing at any time 
during the covered relocation period, regardless of the date of the 
member's permanent change of station.
    ``(e) Basic Allowance for Housing; Stipend.--(1)(A) In the case of 
a member undergoing a permanent change of station who is paid basic 
allowance for housing at the with-dependents rate at the beginning of 
the covered relocation period, the member shall be paid basic allowance 
for housing at the with-dependents rate for months beginning during the 
covered relocation period regardless of the date on which the member's 
spouse and any dependents relocate pursuant to an election under this 
section or the assignment of the member to quarters or facilities 
pursuant to subsection (d)(1).
    ``(B) In determining the portion of basic allowance for housing 
payable to a member under this paragraph that is payable with respect 
to the member's dependents, the geographic location of the dependents 
shall govern rather than the geographic location of the member.
    ``(2) If quarters are not available for the assignment of a member 
as described in subsection (d)(1), the member shall be paid an amount 
(determined in accordance with the regulations applicable to the 
member's armed force pursuant to subsection (h)) appropriate to 
compensate the member for cost of the housing in which the member 
resides in lieu of such quarters until the date on which the member and 
the member's spouse reside in the same geographic area after the 
member's permanent change of station. Any amount payable to a member 
pursuant to this paragraph is in addition to amounts payable to the 
member under paragraph (1).
    ``(f) Transportation of Property.--(1)(A) The professional gear of 
a member relocating as described in subsection (a) or (b) shall be 
transported at the time of the member's relocation and in an amount, 
and subject to any terms and conditions, applicable to the 
transportation or shipment of such gear by applicable law.
    ``(B) The personal property of the spouse and any dependents of a 
member relocating as described in subsection (a) or (b) shall be 
transported at the time of such relocation or as otherwise provided by 
applicable law.
    ``(2) Except as provided in paragraph (1), any transportation 
allowances authorized for the transportation of the personal property 
of a member and spouse making an election under subsection (a) may be 
allocated among the personal property of the member and spouse in such 
manner as the member and spouse shall select.
    ``(3) In this subsection, the terms `transportation allowances' and 
`personal property' have the meaning given such terms in section 451(b) 
of title 37.
    ``(g) Approval.--(1) The Secretary of Defense shall establish a 
single approval process for applications for coverage under this 
section. The process shall apply uniformly among the armed forces.
    ``(2) Applications for approval for coverage under this section 
shall consist of such elements (including documentary evidence) as the 
Secretary shall prescribe for purposes of the approval process required 
by this subsection.
    ``(3) The approval process required by this subsection shall ensure 
that the processing of applications for coverage under this section is 
completed in a timely manner that permits a spouse and any dependents 
to relocate whenever during the covered relocation period selected in 
the election concerned. In meeting that requirement, the approval 
process shall provide for the processing of applications at the lowest 
level in the chain of command of members as is appropriate to ensure 
proper administration of this section.
    ``(h) Regulations.--Each Secretary concerned shall prescribe 
regulations for the administration of this section with respect to the 
armed force or forces under the jurisdiction of such Secretary.
    ``(i) Covered Relocation Period Defined.--In this section, the term 
`covered relocation period', in connection with the permanent change of 
station of a member, means the period that--
            ``(1) begins 180 days before the date of the permanent 
        change of station; and
            ``(2) ends 180 days after the date of the permanent change 
        of station.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter I of chapter 88 of such title is 
        amended by inserting after the item relating to section 1784a 
        the following new item:

``1784b. Relocation of spouses and dependents in connection with the 
                            permanent change of station of certain 
                            members.''.
            (3) Effective date.--The amendments made by this subsection 
        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 the date 
        that is 180 days after such effective date.
    (b) 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 
        stability 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 assessment of the effects of relocation of 
                military families undergoing a permanent change of 
                station on military children, including effect on their 
                mental health.
                    (D) An identification of potential actions of the 
                Department to enhance the stability of military 
                families undergoing a permanent change of station and 
                to generate cost savings in connection with such 
                changes of station.
                    (E) Such other matters as the Comptroller General 
                considers appropriate.
            (3) Additional element on funding of 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, 
                2015, on recruiting and retention bonuses and special 
                pays for members of such Armed Force; with
                    (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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