[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2137 Introduced in Senate (IS)]
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114th CONGRESS
1st Session
S. 2137
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 6, 2015
Mr. Blunt (for himself, Mrs. Gillibrand, Mr. Burr, and Ms. Hirono)
introduced the following bill; which was read twice and 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.
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
2015''.
SEC. 2. 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), 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 members'
armed force pursuant to subsection (g).
``(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 (g).
``(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 (g).
``(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.--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) Housing.--(1) 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.
``(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.
``(d) 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 on a bachelor basis pursuant to subsection (c)(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 (c)(1), the member shall be paid an amount
(determined in accordance with the regulations applicable to the
member's armed force pursuant to subsection (g)) 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).
``(e) Transportation of Personal Property.--(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.
``(2) In this subsection, the terms `transportation allowances' and
`personal property' have the meaning given such terms in section 451(b)
of title 37.
``(f) 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 it appropriate to ensure
proper administration of this section.
``(g) 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.
``(h) 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.
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