Page:United States Statutes at Large Volume 98 Part 3.djvu/163

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2535

Secretary concerned determines (under regulations prescribed under subsection (e) of this section) that it would be inequitable to base the member's entitlement to, and amount of, variable housing allowance on the area to which the member is assigned. "(3) In the case of a member with dependents— "(A) who is assigned to an unaccompanied tour of duty in Alaska or Hawaii; and "(B) who would, if his duty station were outside the United States, be entitled to a family separation allowance under section 427(a) of this title, 37 USC 427. the member may be paid a variable housing allowance at the rate applicable to a member without dependents serving in the same grade and at the same location. Payment of a variable housing allowance under this paragraph shall be in addition to any allowance or per diem to which the member otherwise may be entitled under this title. "(b) A member of a uniformed service is not entitled to a variable housing allowance— "(1) in the case of a member who makes a change in permanent duty station, for the number of days that travel is authorized between permanent duty stations (under regulations prescribed under subsection (e) of this section); "(2) in the case of a member with dependents, if the member (A) is assigned to unaccompanied personnel housing of the United States (or an unaccompanied personnel housing facility under the jurisdiction of a uniformed service) appropriate to his grade, rank, or rating and adequate for himself, and (B) is authorized the basic allowance for quarters at the rate established for a member with dependents solely by reason of a court order requiring the member to pay support for dependents; or "(3) in the case of a member of a reserve component, while on active duty under a call or order to active duty specifying a period of less than 140 days. "(c)(1) The monthly amount of a variable housing allowance under this section for a member of a uniformed service with respect to an area is the difference between (A) the median monthly cost of housing in that area for members of the uniformed services serving in the same pay grade as that member, and (B) 80 percent of the median monthly cost of housing in the United States for members of the uniformed services serving in the same pay grade as that member. "(2) The rates of variable housing allowance shall be reduced as necessary to comply with subsection (d) of this section. "(3) The effective date of any adjustment in rates of variable Effective date. housing allowance because of a redetermination of median monthly costs of housing under this subsection shall be the same as the effective date of the next increase after such redetermination in the basic allowances for quarters. "(4) For the purposes of this section, an area shall be considered to be a high housing cost area with respect to a member of a uniformed service whenever the median monthly cost of housing in that area for members of the uniformed services serving in the same pay grade as that member exceeds 80 percent of the median monthly cost of housing in the United States for members of the uniformed services serving in the same pay grade as that member.