Executive Order 11146—Amendment of Executive Order No. 10204, Prescribing Regulations Governing the Payment of Basic Allowances for Quarters

By virtue of the authority vested in me by Section 403(g) of Title 37 of the United States Code, and as President of the United States and Commander in Chief of the Armed Forces, Executive Order No. 10204 of January 15, 1951, as amended by Section 3 of Executive Order No. 11120 of October 2, 1963, is hereby amended as follows:

Section 1. Paragraphs 3, 4, and 5 are amended to read as follows:

"3. Any quarters or housing facilities under the jurisdiction of any of the uniformed services in fact occupied without payment of rental charges (a) by a member and his dependents, or (b) at his permanent station by a member without dependents, or (c) by the dependents of a member on field duty or on sea duty or on duty at a station where adequate quarters are not available for his dependents, shall be deemed to have been assigned to such member as appropriate and adequate quarters, and no basic allowance for quarters shall accrue to such member under such circumstances unless the occupancy (i) occurs while such member is in a duty or leave status incident to a change of permanent station and is of a temporary nature under standards prescribed by regulations issued by the Secretary of Defense in the case of members of the Army, Navy, Air Force, or Marine Corps, and the reserve components thereof, or by the appropriate Secretary in the case of members of the other uniformed services, or (ii) occurs while such member is in a leave status not incident to a change of permanent station and does not exceed seven consecutive days at one location: Provided, That occupancy of quarters under such circumstances for a period in excess of such 7-day period or such other temporary period as may be authorized under standards prescribed by regulations issued by the Secretary concerned shall not result in a forfeiture of basic allowance for quarters for such 7-day or other authorized period: Provided further, That this paragraph shall not apply to occupancy of quarters as a guest of another member.

"4. When adequate quarters for his dependents are not available for assignment at his permanent station to a member with dependents, he may occupy quarters of the United States designated for members without dependents without affecting his right to receive payment of basic allowances for quarters, if permitted or required to occupy quarters at such station. Under such circumstances, a member may not occupy quarters of the United States which exceed the minimum standards for members of his grade without dependents, as prescribed by the Secretary concerned, unless the only quarters available (a) exceed the minimum standards, and (b) are made available for joint occupancy with other members.

"5. A member away from his permanent station may occupy quarters of the United States designated for members without dependents at his temporary duty station without affecting his right to receive payment of basic allowances for quarters or assignment of quarters, if any, at his permanent station. Under such circumstances, a member may not occupy quarters of the United States which exceed the minimum standards for members of his grade without dependents, as prescribed by the Secretary concerned, unless the only quarters available (a) exceed the minimum standards, and (b) are made available for joint occupancy with other members."

Sec. 2. Paragraphs 6, 7, and 8 are redesignated as Paragraphs "7", "8", and "9", respectively, and the following new Paragraph 6 is inserted after Paragraph 5:

"6. A member serving outside the United States, its territories, or possessions in a duty assignment which has official or diplomatic responsibilities involving officials of foreign governments may be assigned quarters in excess of the minimum standards set forth in Paragraphs 4 and 5 of this order, as prescribed by the Secretary concerned: Provided, That no such quarters shall be available on a continuous basis for single occupancy, if such quarters are otherwise adequate for assignment as family housing to members of similar rank."

Sec. 3. Paragraph 1(c) is amended by striking out "section 206 of the said Career Compensation Act of 1949" and inserting in lieu thereof "Section 305 of Title 37 of the United States Code."

Sec. 4. Paragraph 7, as redesignated by Section 2 of this order, is amended by striking out "section 102(f) of the said Career Compensation Act of 1949)" and inserting in lieu thereof "Section 101(5) of Title 37 of the United States Code)".

LYNDON B. JOHNSON

The White House,

March 13, 1964