118 STAT. 1944 PUBLIC LAW 108–375—OCT. 28, 2004 ‘‘(3) A household that includes a member of the armed forces receiving the supplemental subsistence allowance under this section and that, except on account of the receipt of such allowance, would be eligible to receive a benefit under the Low Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.) shall be considered to be eligible for that benefit notwithstanding the receipt of such allowance.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply in determining, on or after the date of the enactment of this Act, the eligibility of a person for a supplemental subsistence allowance under section 402a of title 37, United States Code, or for Federal assistance under a law specified in subsection (g) of such section, as so amended. SEC. 603. AUTHORITY TO PROVIDE FAMILY SEPARATION BASIC ALLOW ANCE FOR HOUSING. Section 403(d) of title 37, United States Code, is amended— (1) in paragraph (1), by striking ‘‘is entitled to’’ and inserting ‘‘may be paid’’; and (2) in paragraph (4), by striking the first sentence and inserting the following new sentence: ‘‘A family separation basic allowance for housing paid to a member under this subsection is in addition to any other allowance or per diem that the member receives under this title.’’. SEC. 604. GEOGRAPHIC BASIS FOR HOUSING ALLOWANCE DURING SHORT ASSIGNMENT PERMANENT CHANGES OF STATION FOR EDUCATION OR TRAINING. Section 403(d) of title 37, United States Code, as amended by section 603, is further amended— (1) in the subsection heading, by striking ‘‘ARE UNABLE TO’’ and inserting ‘‘DO NOT’’; and (2) in paragraph (3), by adding at the end the following new subparagraph: ‘‘(C) If the member is reassigned for a permanent change of station or permanent change of assignment from a duty station in the United States to another duty station in the United States for a period of not more than one year for the purpose of participating in professional military education or training classes, the amount of the basic allowance for housing for the member may be based on whichever of the following areas the Secretary concerned determines will provide the more equitable basis for the allowance: ‘‘(i) The area of the duty station to which the member is reassigned. ‘‘(ii) The area in which the dependents reside, but only if the dependents reside 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 dependents reside in that area. ‘‘(iii) The area of the former duty station of the member, if different than the area in which the dependents reside.’’. 37 USC 402a note.
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