Page:United States Statutes at Large Volume 99 Part 1.djvu/658

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PUBLIC LAW 99-000—MMMM. DD, 1985

99 STAT. 636

PUBLIC LAW 99-145—NOV. 8, 1985 bers of the uniformed services are increased by 3 percent effective on October 1, 1985. SEC. 602. ADJUSTMENTS IN VARIABLE HOUSING ALLOWANCE PROGRAM (a) VHA FOR CERTAIN MEMBERS PAYING CHILD SUPPORT.—Subsec-

98 Stat. 2534.

98 Stat. 2536. 37 USC 405.

tion (a) of section 403a of title 37, United States Code, is amended by adding at the end thereof the following new paragraph: "(4) In the case of a member with dependents— "(A) who is assigned to duty inside the United States; "(B) who is authorized to receive the basic allowance for quarters at the rate established for a member with dependents solely by reason of the payment of child support by the member; and "(C) who is not assigned to a housing facility under the jurisdiction of a uniformed service, 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.". (b) LIMITATIONS ON VHA.—Subsection (b) of such section is amended— (1) by striking out "is not entitled to" in the matter preceding paragraph (1) and inserting in lieu thereof "may not be paid"; and (2) by striking out paragraph (2) and inserting in lieu thereof the following: "(2) in the case of a member with dependents who is authorized the basic allowance for quarters at the rate established for a member with dependents solely by reason of the payment of child support by the member, if— "(A) the member is assigned to a housing facility under the jurisdiction of a uniformed service; or "(B) the member (i) is assigned to duty outside the United States or in Alaska or Hawaii, and (ii) is authorized a Station housing allowance under section 405 of this title; or". (c) CLARIFICATION OF AUTHORITY TO PAY VHA AT WITH-DEPEND-

ENTS RATE; ELIMINATION OF EXCESS HOUSING COST PAYMENTS.—(1) Subsection (c) of such section is amended by inserting "and with the same dependency status" in paragraph (1) after "in the same pay grade" both places it appears and in paragraph (4) after "in the same pay grade" both places it appears. (2) Such subsection is further amended by adding at the end thereof the following new paragraph: "(6)(A) The monthly variable housing allowance that would otherwise be paid to a member under this section shall be reduced by an amount equal to one-half of the amount (if any) by which— "(i) the total monthly housing allowance prescribed for members of the same grade as such member who are assigned to duty in the same area as such member (or in the same area in which the dependents of the member reside, as appropriate), exceeds "(ii) the monthly housing costs of the member in the area in which the member is assigned to duty (or in the area in which the dependents of the member reside, as appropriate). "(B) In subparagraph (A), 'total monthly housing allowance' means, in the case of any member, the sum of—