PUBLIC LAW 104-201—SEPT. 23, 1996 110 STAT. 2541 E-6 who are married to each other, have no other dependents, and are simultaneously assigned to sea duty are jointly entitled to one basic allowance for quarters during the period of such simultaneous sea duty. The amount of the allowance shall be based on the without dependents rate for the pay grade of the senior member of the couple. However, this subparagraph shall not apply to a couple if one or both of the members are entitled to a basic allowance for quarters under subparagraph (B).". (d) CONFORMING AMENDMENT REGARDING VARIABLE HOUSING ALLOWANCE. —Section 403a(b)(2)(C) of title 37, United States Code, is amended by striking out "E-6" and inserting in lieu thereof "E-4". (e) EFFECTIVE DATE. —The amendments made by this section 37 USC 403 note, shall take effect on July 1, 1997. SEC. 605. UNIFORM APPLICABBLITY OF DISCRETION TO DENY AN ELECTION NOT TO OCCUPY GOVERNMENT QUARTERS. Section 403(b)(3) of title 37, United States Code, is amended by striking out "A member" and inserting in lieu thereof "Subject to the provisions of subsection (j), a member". SEC. 606. ESTABLISHMENT OF MINIMUM MONTHLY AMOUNT OF VARI- ABLE HOUSING ALLOWANCE FOR HIGH HOUSING COST AREAS. (a) MINIMUM MONTHLY AMOUNT OF ALLOWANCE.—Subsection (c) of section 403a of title 37, United States Code, is amended by striking out paragraph (1) and inserting in lieu thereof the following new paragraph: "(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 equal to the greater of the following amounts: "(A) An amount equal to the difference between— "(i) the median monthly cost of housing in that area for members of the uniformed services serving in the same pay grade and with the same dependency status as that member; and "(ii) 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 and with the same dependency status as that member. "(B) An amount equal to the difference between— "(i) the adequate housing allowance floor determined by the Secretary of Defense for all members of the uniformed services in that area entitled to a variable housing allowance under this section; and "(ii) the monthly basic allowance for quarters for members of the uniformed services serving in the same pay grade and with the same dependency status as that member.". (b) ADEQUATE HOUSING ALLOWANCE FLOOR. —Such subsection is further amended by adding at the end the following new paragraph: "(7)(A) For purposes of paragraph (l)(B)(i), the Secretary of Defense shall establish an adequate housing allowance floor for members of the uniformed services in an area as a selected percentage, not to exceed 85 percent, of the cost of adequate housing in that area based on an index of housing costs selected by the Secretary of Defense from among the following:
�
