Page:United States Statutes at Large Volume 98 Part 3.djvu/162

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 2534

PUBLIC LAW 98-525—OCT. 19, 1984

(2) During the period beginning on January 1, 1985, and ending on the date on which any change is made by law in any of the rates of basic allowance for quarters for members of the uniformed services prescribed in paragraph (1), the rate of the basic allowance for quarters authorized by section 403(a)(1) of title 37, United States Code, which is payable to a member of the uniformed services who is entitled to that allowance on or after January 1, 1985, and before the date of any such change and who was entitled to that allowance on December 31, 1984, shall not be less than the rate of the basic allowance for quarters that was in effect for that member on December 31, 1984 (unless the member holds a lower grade than he held on that date or has had a change in dependent status from a "with dependents" status to a "without dependents" status). Prohibition. (b)(1) During the period beginning on October 1, 1984, and ending on January 1, 1985, the Secretary of a military department may not pay a variable housing allowance under section 403(a)(2) of title 37, United States Code, except in accordance with the limitations on such payments applicable during fiscal year 1984 under the provisions of sections 786 and 792 of the Department of Defense Appro97 Stat. 1453, priation Act, 1984 (Public Law 98-212). li^ii «Q7 ^^^ Section 906 of the Department of Defense Authorization Act, 37 USC 403 note. ^^^^ (Public Law 98-94), is amended by striking out "fiscal year 1984" and inserting in lieu thereof "the period beginning on October 1, 1983, and ending on January 1, 1985". (c)(1) Subsection (a) of section 403 of title 37, United States Code, is amended by striking out "(1)" after "(a)" and by striking out paragraph (2). (2) The heading of such section is amended to read as follows: "§ 403. Basic allowance for quarters". (d)(1) Chapter 7 of title 37, United States Code, is amended by inserting after section 403 the following new section: 37 USC 403a.

"§ 403a. Variable housing allowance "(a)(1) Except as provided in subsection (b) of this section, a member of a uniformed service entitled to basic allowance for quarters is entitled to a variable housing allowance under this section whenever assigned to duty in an area of the United States which is a high housing cost area with respect to that member. A member with dependents who is assigned to an unaccompanied tour of duty outside the United States is entitled to a variable housing allowance while serving that tour of duty for any period during which the member's dependents reside in an area of the United States where, if the member were assigned to duty in that area, the member would be entitled to receive a variable housing allowance. "(2) In the case of a member with dependents— "(A) who is assigned to duty inside the United States the location or the circumstances of which make it necessary that his dependents reside at another location; and "(B) whose dependents reside in an area of the United States where, if the member were assigned to duty in that area, the member would be entitled to receive a variable housing allowance at a rate other than the rate to which the member is entitled (if at all) in the area of his duty assignment, the member may be paid a variable housing allowance as if he were assigned to duty in the area in which his dependents reside if the