H. R. 1119—138
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘3083. Public Affairs Specialty.’’.
SEC. 597. GRADE OF DEFENSE ATTACHE´ IN FRANCE.
(a) IN GENERAL.—Chapter 41 of title 10, United States Code,
is amended by inserting after section 713 the following new section:
‘‘§ 714. Defense attache´ in France: required grade
‘‘An officer may not be selected for assignment to the position
of defense attache´ to the United States embassy in France unless
the officer holds (or is on a promotion list for promotion to) the
grade of brigadier general or, in the case of the Navy, rear admiral
(lower half).’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 713 the following new item:
‘‘714. Defense attache´ in France: required grade.’’.
SEC. 598. REPORT ON CREW REQUIREMENTS OF WC–130J AIRCRAFT.
(a) STUDY.—The Secretary of the Air Force shall conduct a
study of the crew requirements for WC–130J aircraft to be procured
for assignment to the aerial weather reconnaissance mission involv-
ing the eyewall penetration of tropical cyclones. The study shall
include study of the anticipated operation of WC–130J aircraft
in weather reconnaissance missions configured to carry five crew-
members, including a navigator. In carrying out the study, the
Secretary shall provide for participation by members of the Armed
Forces currently assigned to units engaged in weather reconnais-
sance operations.
(b) REPORT.—The Secretary shall submit to Congress a report
on the results of the study. The Secretary shall include in the
report the views of members of the Armed Forces currently assigned
to units engaged in weather reconnaissance operations who partici-
pated in the study. If as a result of the study the Secretary deter-
mines that there are crewmembers assigned to weather reconnais-
sance duties in excess of the crew requirements that will be
applicable for WC–130J aircraft, the Secretary shall include in
the report a plan for retraining or reassignment of those crew-
members. The study shall be submitted not later than September
30, 1998.
SEC. 
599. 
IMPROVEMENT 
OF 
MISSING 
PERSONS 
AUTHORITIES
APPLICABLE TO DEPARTMENT OF DEFENSE.
(a) APPLICABILITY
TO
DEPARTMENT
OF
DEFENSE
CIVILIAN
EMPLOYEES AND CONTRACTOR EMPLOYEES.—(1) Section 1501 of title
10, United States Code, is amended—
(A) by striking out subsection (c) and inserting in lieu
thereof the following:
‘‘(c) COVERED PERSONS.—(1) Section 1502 of this title applies
in the case of any member of the armed forces on active duty—
‘‘(A) who becomes involuntarily absent as a result of a
hostile action or under circumstances suggesting that the invol-
untary absence is a result of a hostile action; and
‘‘(B) whose status is undetermined or who is unaccounted
for.
H. R. 1119—139
‘‘(2) Section 1502 of this title applies in the case of any other
person who is a citizen of the United States and a civilian officer
or employee of the Department of Defense or (subject to paragraph
(3)) an employee of a contractor of the Department of Defense—
‘‘(A) who serves in direct support of, or accompanies, the
armed forces in the field under orders and becomes involuntar-
ily absent as a result of a hostile action or under circumstances
suggesting that the involuntary absence is a result of a hostile
action; and
‘‘(B) whose status is undetermined or who is unaccounted
for.
‘‘(3) The Secretary of Defense shall determine, with regard
to a pending or ongoing military operation, the specific employees,
or groups of employees, of contractors of the Department of Defense
to be considered to be covered by this subsection.’’; and
(B) by adding at the end the following new subsection:
‘‘(f) SECRETARY CONCERNED.—In this chapter, the term ‘Sec-
retary concerned’ includes, in the case of a civilian officer or
employee of the Department of Defense or an employee of a contrac-
tor of the Department of Defense, the Secretary of the military
department or head of the element of the Department of Defense
employing the officer or employee or contracting with the contractor,
as the case may be.’’.
(2) Section 1503(c) of such title is amended—
(A) in paragraph (1), by striking out ‘‘one military officer’’
and inserting in lieu thereof ‘‘one individual described in para-
graph (2)’’;
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(C) by inserting after paragraph (1) the following new
paragraph (2):
‘‘(2) An individual referred to in paragraph (1) is the following:
‘‘(A) A military officer, in the case of an inquiry with
respect to a member of the armed forces.
‘‘(B) A civilian, in the case of an inquiry with respect
to a civilian employee of the Department of Defense or of
a contractor of the Department of Defense.’’.
(3) Section 1504(d) of such title is amended—
(A) in paragraph (1), by striking out ‘‘who are’’ and all
that follows in that paragraph and inserting in lieu thereof
‘‘as follows:
‘‘(A) In the case of a board that will inquire into the
whereabouts and status of one or more members of the armed
forces (and no civilians described in subparagraph (B)), the
board shall be composed of officers having the grade of major
or lieutenant commander or above.
‘‘(B) In the case of a board that will inquire into the
whereabouts and status of one or more civilian employees of
the Department of Defense or contractors of the Department
of Defense (and no members of the armed forces), the board
shall be composed of—
‘‘(i) not less than three employees of the Department
of Defense whose rate of annual pay is equal to or greater
than the rate of annual pay payable for grade GS–13
of the General Schedule under section 5332 of title 5;
and
H. R. 1119—140
‘‘(ii) such members of the armed forces as the Secretary
considers advisable.
‘‘(C) In the case of a board that will inquire into the
whereabouts and status of both one or more members of the
armed forces and one or more civilians described in subpara-
graph (B)—
‘‘(i) the board shall include at least one officer described
in subparagraph (A) and at least one employee of the
Department of Defense described in subparagraph (B)(i);
and
‘‘(ii) the ratio of such officers to such employees on
the board shall be roughly proportional to the ratio of
the number of members of the armed forces who are sub-
jects of the board’s inquiry to the number of civilians who
are subjects of the board’s inquiry.’’; and
(B) in paragraph (4), by striking out ‘‘section 1503(c)(3)’’
and inserting in lieu thereof ‘‘section 1503(c)(4)’’.
(4) Paragraph (1) of section 1513 of such title is amended
to read as follows:
‘‘(1) The term ‘missing person’ means—
‘‘(A) a member of the armed forces on active duty
who is in a missing status; or
‘‘(B) a civilian employee of the Department of Defense
or an employee of a contractor of the Department of Defense
who serves in direct support of, or accompanies, the armed
forces in the field under orders and who is in a missing
status.
Such term includes an unaccounted for person described in
section 1509(b) of this title, under the circumstances specified
in the last sentence of section 1509(a) of this title.’’.
(b) TRANSMISSION
TO THEATER COMPONENT COMMANDER
OF
ADVISORY COPY
OF MISSING PERSON REPORT.—(1) Section 1502
of such title is amended—
(A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following new
subsection (b):
‘‘(b) TRANSMISSION OF ADVISORY COPY TO THEATER COMPONENT
COMMANDER.—When transmitting a report under subsection (a)(2)
recommending that a person be placed in a missing status, the
commander transmitting that report shall transmit an advisory
copy of the report to the theater component commander with juris-
diction over the missing person.’’.
(2) Section 1513 of such title is amended by adding at the
end the following new paragraph:
‘‘(8) The term ‘theater component commander’ means, with
respect to any of the combatant commands, an officer of any
of the armed forces who (A) is commander of all forces of
that armed force assigned to that combatant command, and
(B) is directly subordinate to the commander of the combatant
command.’’.
(c) INFORMATION TO ACCOMPANY RECOMMENDATION OF STATUS
OF DEATH.—Section 1507(b) of such title is amended by adding
at the end the following new paragraphs:
‘‘(3) A description of the location of the body, if recovered.
‘‘(4) If the body has been recovered and is not identifiable
through visual means, a certification by a forensic pathologist
H. R. 1119—141
that the body recovered is that of the missing person. In deter-
mining whether to make such a certification, the forensic
pathologist shall consider, as determined necessary by the Sec-
retary of the military department concerned, additional evi-
dence and information provided by appropriate specialists in
forensic medicine or other appropriate medical sciences.’’.
(d) MISSING PERSON’S COUNSEL.—(1) Sections 1503(f)(1) and
1504(f)(1) of such title are amended by adding at the end the
following: ‘‘The identity of counsel appointed under this paragraph
for a missing person shall be made known to the missing person’s
primary next of kin and any other previously designated person
of the person.’’.
(2) Section 1503(f)(4) of such title is amended by adding at
the end the following: ‘‘The primary next of kin of a missing person
and any other previously designated person of the missing person
shall have the right to submit information to the missing person’s
counsel relative to the disappearance or status of the missing per-
son.’’.
(e) SCOPE OF PREENACTMENT REVIEW.—(1) Section 1509 of such
title is amended by striking out subsection (a) and inserting in
lieu thereof the following:
‘‘(a) REVIEW OF STATUS.—(1) If new information (as defined
in paragraph (2)) is found or received that may be related to
one or more unaccounted for persons described in subsection (b)
(whether or not such information specifically relates (or may specifi-
cally relate) to any particular such unaccounted for person), that
information shall be provided to the Secretary of Defense. Upon
receipt of such information, the Secretary shall ensure that the
information is treated under paragraphs (2) and (3) of section
1505(c) of this title and under section 1505(d) of this title in the
same manner as information received under paragraph (1) of section
1505(c) of this title. For purposes of the applicability of other
provisions of this chapter in such a case, each such unaccounted
for person to whom the new information may be related shall
be considered to be a missing person.
‘‘(2) For purposes of this subsection, new information is informa-
tion that is credible and that—
‘‘(A) is found or received after the date of the enactment
of the National Defense Authorization Act for Fiscal Year 1998
by a United States intelligence agency, by a Department of
Defense agency, or by a person specified in section 1504(g)
of this title; or
‘‘(B) is identified after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1998 in
records of the United States as information that could be rel-
evant to the case of one or more unaccounted for persons
described in subsection (b).’’.
(2) Such section is further amended by adding at the end
the following new subsection:
‘‘(d) ESTABLISHMENT OF PERSONNEL FILES FOR KOREAN CON-
FLICT CASES.—The Secretary of Defense shall ensure that a person-
nel file is established for each unaccounted for person who is
described in subsection (b)(1) if the Secretary possesses information
relevant to that person’s status. In the case of a person described
in subsection (b)(1) for whom a personnel file does not exist, the
Secretary shall create a personnel file for such person upon receipt
of new information as provided in subsection (a). Each such file
H. R. 1119—142
shall be handled in accordance with, and subject to the provisions
of, section 1506 of this title in the same manner as applies to
the file of a missing person.’’.
(f) WITHHOLDING OF CLASSIFIED INFORMATION.—Section 1506(b)
of such title is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;
(2) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively; and
(3) by adding at the end the following:
‘‘(2) If classified information withheld under this subsection
refers to one or more unnamed missing persons, the Secretary
shall ensure that notice of that withheld information, and notice
of the date of the most recent review of the classification of that
withheld information, is made reasonably accessible to the primary
next of kin, members of the immediate family, and the previously
designated person.’’.
(g) 
WITHHOLDING
OF
PRIVILEGED
INFORMATION.—Section
1506(d) of such title is amended—
(1) in paragraph (2)—
(A) by inserting ‘‘or about unnamed missing persons’’
in the first sentence after ‘‘the debriefing report’’;
(B) by striking out ‘‘the missing person’’ in the second
sentence and inserting in lieu thereof ‘‘each missing person
named in the debriefing report’’; and
(C) by adding at the end the following new sentence:
‘‘Any information contained in the extract of the debriefing
report that pertains to unnamed missing persons shall
be made reasonably accessible to the primary next of kin,
members of the immediate family, and the previously des-
ignated person.’’; and
(2) in paragraph (3), by inserting ‘‘, or part of a debriefing
report,’’ after ‘‘a debriefing report’’.
TITLE VI—COMPENSATION AND OTHER
PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 1998.
Sec. 602. Reform of basic allowance for subsistence.
Sec. 603. Consolidation of basic allowance for quarters, variable housing allowance,
and overseas housing allowances.
Sec. 604. Revision of authority to adjust compensation necessitated by reform of
subsistence and housing allowances.
Sec. 605. Protection of total compensation of members while performing certain
duty.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonuses and special pay authorities for
reserve forces.
Sec. 612. One-year extension of certain bonuses and special pay authorities for
nurse officer candidates, registered nurses, and nurse anesthetists.
Sec. 613. One-year extension of authorities relating to payment of other bonuses
and special pays.
Sec. 614. Increase in minimum monthly rate of hazardous duty incentive pay for
certain members.
Sec. 615. Increase in aviation career incentive pay.
Sec. 616. Modification of aviation officer retention bonus.
Sec. 617. Availability of multiyear retention bonus for dental officers.
Sec. 618. Increase in variable and additional special pays for certain dental officers.
Sec. 619. Availability of special pay for duty at designated hardship duty locations.
H. R. 1119—143
Sec. 620. Definition of sea duty for purposes of career sea pay.
Sec. 621. Modification of Selected Reserve reenlistment bonus.
Sec. 622. Modification of Selected Reserve enlistment bonus for former enlisted
members.
Sec. 623. Expansion of reserve affiliation bonus to include Coast Guard Reserve.
Sec. 624. Increase in special pay and bonuses for nuclear-qualified officers.
Sec. 625. Provision of bonuses in lieu of special pay for enlisted members extending
tours of duty at designated locations overseas.
Sec. 626. Increase in amount of family separation allowance.
Sec. 627. Deadline for payment of Ready Reserve muster duty allowance.
Subtitle C—Travel and Transportation Allowances
Sec. 631. Travel and transportation allowances for dependents before approval of
member’s court-martial sentence.
Sec. 632. Dislocation allowance.
Subtitle D—Retired Pay, Survivor Benefits, and Related Matters
Sec. 641. One-year opportunity to discontinue participation in Survivor Benefit
Plan.
Sec. 642. Time in which change in survivor benefit coverage from former spouse to
spouse may be made.
Sec. 643. Review of Federal former spouse protection laws.
Sec. 644. Annuities for certain military surviving spouses.
Sec. 645. Administration of benefits for so-called minimum income widows.
Subtitle E—Other Matters
Sec. 651. Loan repayment program for commissioned officers in certain health
professions.
Sec. 652. Conformance of NOAA commissioned officers separation pay to separation
pay for members of other uniformed services.
Sec. 653. Eligibility of Public Health Service officers and NOAA commissioned
corps officers for reimbursement of adoption expenses.
Sec. 654. Payment of back quarters and subsistence allowances to World War II
veterans who served as guerrilla fighters in the Philippines.
Sec. 655. Subsistence of members of the Armed Forces above the poverty level.
Subtitle A—Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 1998.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment,
to become effective during fiscal year 1998, required by section
1009 of title 37, United States Code (as amended by section 604),
in the rate of monthly basic pay authorized members of the uni-
formed services by section 203(a) of such title shall not be made.
(b) INCREASE IN BASIC PAY.—Effective on January 1, 1998,
the rates of basic pay of members of the uniformed services are
increased by 2.8 percent.
SEC. 602. REFORM OF BASIC ALLOWANCE FOR SUBSISTENCE.
(a) ENTITLEMENT
TO ALLOWANCE.—Section 402 of title 37,
United States Code, is amended to read as follows:
‘‘§ 402. Basic allowance for subsistence
‘‘(a) ENTITLEMENT TO ALLOWANCE.—(1) Except as provided in
paragraph (2) or otherwise provided by law, each member of a
uniformed service who is entitled to basic pay is entitled to a
basic allowance for subsistence as set forth in this section.
‘‘(2) An enlisted member is not entitled to the basic allowance
for subsistence during basic training.
‘‘(b) RATES OF ALLOWANCE BASED ON FOOD COSTS.—(1) The
monthly rate of basic allowance for subsistence to be in effect
for an enlisted member for a year (beginning on January 1 of
that year) shall be the amount that is halfway between the following
H. R. 1119—144
amounts, which are determined by the Secretary of Agriculture
as of October 1 of the preceding year:
‘‘(A) The amount equal to the monthly cost of a moderate-
cost food plan for a male in the United States who is between
20 and 50 years of age.
‘‘(B) The amount equal to the monthly cost of a liberal
food plan for a male in the United States who is between
20 and 50 years of age.
‘‘(2) The monthly rate of basic allowance for subsistence to
be in effect for an officer for a year (beginning on January 1
of that year) shall be the amount equal to the monthly rate of
basic allowance for subsistence in effect for officers for the preceding
year, increased by the same percentage by which the rate of basic
allowance for subsistence for enlisted members for the preceding
year is increased effective on such January 1.
‘‘(c) ADVANCE PAYMENT.—The allowance to an enlisted member
may be paid in advance for a period of not more than three months.
‘‘(d) SPECIAL RULE FOR MEMBERS AUTHORIZED TO MESS SEPA-
RATELY.—(1) In areas prescribed by the Secretary of Defense, and
the Secretary of Transportation with respect to the Coast Guard
when it is not operating as a service in the Navy, an enlisted
member described in paragraph (2) is entitled to not more than
the pro rata allowance established under subsection (b)(1) for each
meal the member buys from a source other than a messing facility
of the United States.
‘‘(2) An enlisted member referred to in paragraph (1) is a
member who is granted permission to mess separately and whose
duties require the member to buy at least one meal from a source
other than a messing facility of the United States.
‘‘(e) POLICIES ON USE OF DINING AND MESSING FACILITIES.—
The Secretary of Defense, in consultation with the Secretaries con-
cerned, shall prescribe policies regarding use of dining and field
messing facilities of the uniformed services.
‘‘(f) REGULATIONS.—(1) The Secretary of Defense shall prescribe
regulations for the administration of this section. Before prescribing
the regulations, the Secretary shall consult with each Secretary
concerned.
‘‘(2) The regulations shall include the specific rates of basic
allowance for subsistence required by subsection (b).’’.
(b) CONFORMING AMENDMENTS.—(1) Section 404 of title 37,
United States Code, is amended—
(A) by striking out subsection (g); and
(B) by redesignating subsections (h), (i), (j), and (k) as
subsections (g), (h), (i), and (j), respectively.
(2) Section 6081(a) of title 10, United States Code, is amended
by striking out ‘‘Except’’ and all that follows through ‘‘subsistence,
each’’ and inserting in lieu thereof ‘‘Each’’.
(c) TRANSITIONAL AUTHORITY TO PROVIDE BASIC ALLOWANCE
FOR SUBSISTENCE.—
(1) TRANSITIONAL
AUTHORITY.—Notwithstanding section
402 of title 37, United States Code, as amended by subsection
(a), during the period beginning on January 1, 1998, and ending
on the date determined under paragraph (2)—
(A) the basic allowance for subsistence shall not be
paid under such section 402;
H. R. 1119—145
(B) a member of the uniformed services is entitled
to the basic allowance for subsistence only as provided
in subsection (d);
(C) an enlisted member of the uniformed services may
be paid a partial basic allowance for subsistence as provided
in subsection (e); and
(D) the rates of the basic allowance for subsistence
are those rates determined under subsection (f).
(2) TERMINATION OF TRANSITIONAL AUTHORITY.—The transi-
tional authority provided under paragraph (1) shall terminate
on the first day of the month immediately following the first
month for which the monthly equivalent of the rate of basic
allowance for subsistence payable to enlisted members of the
uniformed services (when permission to mess separately is
granted), as determined under subsection (f)(2), is equal to
or is exceeded by the amount that, except for paragraph (1)(A),
would otherwise be the monthly rate of basic allowance for
subsistence for enlisted members under section 402(b)(1) of
title 37, United States Code, as amended by subsection (a).
(d) TRANSITIONAL ENTITLEMENT TO ALLOWANCE.—
(1) ENLISTED MEMBERS.—
(A) TYPES OF ENTITLEMENT.—An enlisted member is
entitled to the basic allowance for subsistence, on a daily
basis, of under one or more of the following circumstances:
(i) When rations in kind are not available.
(ii) When permission to mess separately is granted.
(iii) When assigned to duty under emergency condi-
tions where no messing facilities of the United States
are available.
(B) OTHER ENTITLEMENT CIRCUMSTANCES.—An enlisted
member is entitled to the allowance while on an authorized
leave of absence, while confined in a hospital, or while
performing travel under orders away from the member’s
designated post of duty other than field duty or sea duty
(as defined in regulations prescribed by the Secretary of
Defense). For purposes of the preceding sentence, a member
shall not be considered to be performing travel under orders
away from his designated post of duty if such member—
(i) is an enlisted member serving the member’s
first tour of active duty;
(ii) has not actually reported to a permanent duty
station pursuant to orders directing such assignment;
and
(iii) is not actually traveling between stations
pursuant to orders directing a change of station.
(C) ADVANCE PAYMENT.—The allowance to an enlisted
member, when authorized, may be paid in advance for
a period of not more than three months.
(2) OFFICERS.—An officer of a uniformed service who is
entitled to basic pay is, at all times, entitled to the basic
allowances for subsistence. An aviation cadet of the Navy,
Air Force, Marine Corps, or Coast Guard is entitled to the
same basic allowance for subsistence as is provided for an
officer of the Navy, Air Force, Marine Corps, or Coast Guard,
respectively.
(e) TRANSITIONAL AUTHORITY FOR PARTIAL ALLOWANCE.—
H. R. 1119—146
(1) ENLISTED MEMBERS FURNISHED SUBSISTENCE IN KIND.—
The Secretary of Defense may provide in regulations for an
enlisted member of a uniformed service to be paid a partial
basic allowance for subsistence when—
(A) rations in kind are available to the member;
(B) the member is not granted permission to mess
separately; or
(C) the member is assigned to duty under emergency
conditions where messing facilities of the United States
are available.
(2) MONTHLY PAYMENT.—Any partial basic allowance for
subsistence authorized under paragraph (1) shall be calculated
on a daily basis and paid on a monthly basis.
(f) TRANSITIONAL RATES.—
(1) ALLOWANCE FOR OFFICERS.—The monthly rate of basic
allowance for subsistence for a year (beginning on January
1 of that year) that is payable to officers of the uniformed
services shall be the amount that is equal to 101 percent
of the rate of basic allowance for subsistence that was payable
to officers of the uniformed services for the preceding year.
(2) ALLOWANCE FOR ENLISTED MEMBER WITH PERMISSION
TO MESS SEPARATELY.—The monthly rate of basic allowance
for subsistence for a year (beginning on January 1 of that
year) that is payable to an enlisted member of the uniformed
services entitled to the allowance under subsection (d)(1) shall
be the amount that is equal to 101 percent of the rate of
basic allowance for subsistence that was in effect for similarly
situated enlisted members of the uniformed services for the
preceding year.
(3) PARTIAL ALLOWANCE FOR OTHER ENLISTED MEMBERS.—
The monthly rate of any partial basic allowance for subsistence
for a year (beginning on January 1 of that year) payable to
an enlisted member of the uniformed services eligible for the
allowance under the regulations prescribed under subsection
(e)(1) shall be the amount equal to the lesser of the following:
(A) The sum of—
(i) the partial basic allowance for subsistence in
effect for the preceding year; and
(ii) the amount equal to the difference, if any,
between—
(I) the monthly equivalent of the rate of basic
allowance for subsistence that was in effect for
the preceding year for members of the uniformed
services above grade E–1 (when permission to mess
separately is granted), increased by the same
percentage by which the rates of basic pay for
members of the uniformed services is increased
for the current year; and
(II) the amount equal to 101 percent of the
monthly equivalent of the rate of basic allowance
for subsistence that was in effect for the previous
year for members of the uniformed services above
grade E–1 (when permission to mess separately
is granted),
with the amount so determined under this clause
multiplied by the number of members estimated to
be entitled to receive basic allowance for subsistence
H. R. 1119—147
under subsection (d) for the current year and then
divided by the number of members estimated to be
eligible for the partial allowance under the regulations
prescribed under subsection (e)(1) for that year.
(B) The amount equal to the difference between—
(i) the amount that, except for subsection (c)(1)(A),
would otherwise be the monthly rate of basic allowance
for subsistence for enlisted members under section
402(b)(1) of title 37, United States Code; and
(ii) the amount equal to the monthly equivalent
of the value of a daily ration, as determined by the
Under Secretary of Defense (Comptroller) as of October
1 of the preceding year.
(g) EFFECTIVE DATE.—This section and the amendments made
by this section shall take effect on January 1, 1998.
SEC. 603. CONSOLIDATION OF BASIC ALLOWANCE FOR QUARTERS,
VARIABLE HOUSING ALLOWANCE, AND OVERSEAS HOUS-
ING ALLOWANCES.
(a) CONSOLIDATION OF ALLOWANCES.—Section 403 of title 37,
United States Code, is amended to read as follows:
‘‘§ 403. Basic allowance for housing
‘‘(a) GENERAL ENTITLEMENT.—(1) Except as otherwise provided
by law, a member of a uniformed service who is entitled to basic
pay is entitled to a basic allowance for housing at the monthly
rates prescribed under this section or another provision of law
with regard to the applicable component of the basic allowance
for housing. The amount of the basic allowance for housing for
a member will vary according to the pay grade in which the member
is assigned or distributed for basic pay purposes, the dependency
status of the member, and the geographic location of the member.
The basic allowance for housing may be paid in advance.
‘‘(2) A member of a uniformed service with dependents is not
entitled to a basic allowance for housing as a member with depend-
ents unless the member makes a certification to the Secretary
concerned indicating the status of each dependent of the member.
The certification shall be made in accordance with regulations pre-
scribed by the Secretary of Defense.
‘‘(b) BASIC ALLOWANCE
FOR HOUSING INSIDE
THE UNITED
STATES.—(1) The Secretary of Defense shall determine the costs
of adequate housing in a military housing area in the United
States for all members of the uniformed services entitled to a
basic allowance for housing in that area. The Secretary shall base
the determination upon the costs of adequate housing for civilians
with comparable income levels in the same area.
‘‘(2) Subject to paragraph (3), the monthly amount of a basic
allowance for housing for an area of the United States for a member
of a uniformed service is equal to the difference between—
‘‘(A) the monthly cost of adequate housing in that area,
as determined by the Secretary of Defense, for members of
the uniformed services serving in the same pay grade and
with the same dependency status as the member; and
‘‘(B) 15 percent of the national average monthly cost of
adequate housing in the United States, as determined by the
Secretary, for members of the uniformed services serving in
H. R. 1119—148
the same pay grade and with the same dependency status
as the member.
‘‘(3) The rates of basic allowance for housing shall be reduced
as necessary to comply with this paragraph. The total amount
that may be paid for a fiscal year for the basic allowance for
housing under this subsection is the product of—
‘‘(A) the total amount authorized to be paid for such allow-
ance for the preceding fiscal year (as adjusted under paragraph
(5)); and
‘‘(B) a fraction—
‘‘(i) the numerator of which is the index of the national
average monthly cost of housing for June of the preceding
fiscal year; and
‘‘(ii) the denominator of which is the index of the
national average monthly cost of housing for June of the
fiscal year before the preceding fiscal year.
‘‘(4) An adjustment in the rates of the basic allowance for
housing under this subsection as a result of the Secretary’s redeter-
mination of housing costs in an area shall take effect on the same
date as the effective date of the next increase in basic pay under
section 1009 of this title or other provision of law.
‘‘(5) In making a determination under paragraph (3) for a
fiscal year, the amount authorized to be paid for the preceding
fiscal year for the basic allowance for housing shall be adjusted
to reflect changes during the year for which the determination
is made in the number, grade distribution, geographic distribution
in the United States, and dependency status of members of the
uniformed services entitled to the allowance from the number of
such members during the preceding fiscal year.
‘‘(6) So long as a member of a uniformed service retains uninter-
rupted eligibility to receive a basic allowance for housing within
an area of the United States, the monthly amount of the allowance
for the member may not be reduced as a result of changes in
housing costs in the area, changes in the national average monthly
cost of housing, or the promotion of the member.
‘‘(7) In the case of a member without dependents who is
assigned to duty inside the United States, the location or the
circumstances of which make it necessary that the member be
reassigned under the conditions of low-cost or no-cost permanent
change of station or permanent change of assignment, the member
may be treated as if the member were not reassigned if the Sec-
retary concerned determines that it would be inequitable to base
the member’s entitlement to, and amount of, a basic allowance
for housing on the cost of housing in the area to which the member
is reassigned.
‘‘(c) BASIC ALLOWANCE
FOR HOUSING OUTSIDE
THE UNITED
STATES.—(1) The Secretary of Defense may prescribe an overseas
basic allowance for housing for a member of a uniformed service
who is on duty outside of the United States. The Secretary shall
establish the basic allowance for housing under this subsection
on the basis of housing costs in the overseas area in which the
member is assigned.
‘‘(2) So long as a member of a uniformed service retains uninter-
rupted eligibility to receive a basic allowance for housing in an
overseas area and the actual monthly cost of housing for the mem-
ber is not reduced, the monthly amount of the allowance in an
area outside the United States may not be reduced as a result
H. R. 1119—149
of changes in housing costs in the area or the promotion of the
member. The monthly amount of the allowance may be adjusted
to reflect changes in currency rates.
‘‘(d) BASIC ALLOWANCE FOR HOUSING WHEN DEPENDENTS ARE
UNABLE TO ACCOMPANY MEMBER.—(1) A member of a uniformed
service with dependents who is on permanent duty at a location
described in paragraph (2) is entitled to a family separation basic
allowance for housing under this subsection at a monthly rate
equal to the rate of the basic allowance for housing established
under subsection (b) or the overseas basic allowance for housing
established under subsection (c), whichever applies to that location,
for members in the same grade at that location without dependents.
‘‘(2) A permanent duty location referred to in paragraph (1)
is a location—
‘‘(A) to which the movement of the member’s dependents
is not authorized at the expense of the United States under
section 406 of this title, and the member’s dependents do not
reside at or near the location; and
‘‘(B) at which quarters of the United States are not avail-
able for assignment to the member.
‘‘(3) In the case of a member with dependents who is assigned
to duty at a location or under circumstances that, as determined
by the Secretary concerned, require the member’s dependents to
reside at a different location, the member shall receive a basic
allowance for housing, as provided in subsection (a) or (b), as
if the member were assigned to duty in the area in which the
dependents reside, regardless of whether the member resides in
quarters of the United States or is also entitled to a family separa-
tion basic allowance for housing by reason of paragraph (1).
‘‘(4) The family separation basic allowance for housing under
this subsection shall be in addition to any other allowance or
per diem that the member is otherwise entitled to receive under
this title. A member may receive a basic allowance for housing
under both paragraphs (1) and (3).
‘‘(e) EFFECT OF ASSIGNMENT TO QUARTERS.—(1) Except as other-
wise provided by law, a member of a uniformed service who is
assigned to quarters of the United States or a housing facility
under the jurisdiction of a uniformed service appropriate to the
grade, rank, or rating of the member and adequate for the member
and dependents of the member, if with dependents, is not entitled
to a basic allowance for housing.
‘‘(2) A member without dependents who is in a pay grade
above pay grade E–6 and who is assigned to quarters in the United
States or a housing facility under the jurisdiction of a uniformed
service, appropriate to the grade or rank of the member and ade-
quate for the member, may elect not to occupy those quarters
and instead to receive the basic allowance for housing prescribed
for the member’s pay grade by this section.
‘‘(3) A member without dependents who is in pay grade E–
6 and who is assigned to quarters of the United States that do
not meet the minimum adequacy standards established by the
Secretary of Defense for members in such pay grade, or to a housing
facility under the jurisdiction of a uniformed service that does
not meet such standards, may elect not to occupy such quarters
or facility and instead to receive the basic allowance for housing
prescribed for the member’s pay grade under this section.
H. R. 1119—150
‘‘(4) The Secretary concerned may deny the right to make
an election under paragraph (2) or (3) if the Secretary determines
that the exercise of such an election would adversely affect a train-
ing mission, military discipline, or military readiness.
‘‘(5) A member with dependents who is assigned to quarters
of the United States or a housing facility under the jurisdiction
of a uniformed service may be paid the basic allowance for housing
if, because of orders of competent authority, the dependents are
prevented from occupying those quarters.
‘‘(f) INELIGIBILITY DURING INITIAL FIELD DUTY OR SEA DUTY.—
(1) A member of a uniformed service without dependents who
makes a permanent change of station for assignment to a unit
conducting field operations is not entitled to a basic allowance
for housing while on that initial field duty unless the commanding
officer of the member certifies that the member was necessarily
required to procure quarters at the member’s expense.
‘‘(2)(A) Except as provided in subparagraphs (B) and (C), a
member of a uniformed service without dependents who is in a
pay grade below pay grade E–6 is not entitled to a basic allowance
for housing while the member is on sea duty.
‘‘(B) Under regulations prescribed by the Secretary concerned,
the Secretary may authorize the payment of a basic allowance
for housing to a member of a uniformed service without dependents
who is serving in pay grade E–5 and is assigned to sea duty.
In prescribing regulations under this subparagraph, the Secretary
concerned shall consider the availability of quarters for members
serving in pay grade E–5.
‘‘(C) Notwithstanding section 421 of this title, two members
of the uniformed services in a pay grade below pay grade 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 housing during the period of such simulta-
neous 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 housing under subparagraph (B).
‘‘(3) The Secretary of Defense, and the Secretary of Transpor-
tation with respect to the Coast Guard when it is not operating
as a service in the Department of the Navy, shall prescribe regula-
tion defining the terms ‘field duty’ and ‘sea duty’ for purposes
of this section.
‘‘(g) RESERVE MEMBERS.—(1) A member of a reserve component
without dependents who is called or ordered to active duty in
support of a contingency operation, or a retired member without
dependents who is ordered to active duty under section 688(a)
of title 10 in support of a contingency operation, may not be denied
a basic allowance for housing if, because of that call or order,
the member is unable to continue to occupy a residence—
‘‘(A) which is maintained as the primary residence of the
member at the time of the call or order; and
‘‘(B) which is owned by the member or for which the mem-
ber is responsible for rental payments.
‘‘(2) Paragraph (1) shall not apply if the member is authorized
transportation of household goods under section 406 of this title
as part of the call or order to active duty described in such para-
graph.
H. R. 1119—151
‘‘(3) The Secretary of Defense shall establish a rate of basic
allowance for housing to be paid to a member of a reserve component
while the member serves on active duty under a call or order
to active duty specifying a period of less than 140 days, unless
the call or order to active duty is in support of a contingency
operation.
‘‘(h) RENTAL OF PUBLIC QUARTERS.—Notwithstanding any other
law (including those restricting the occupancy of housing facilities
under the jurisdiction of a department or agency of the United
States by members, and their dependents, of the armed forces
above specified grades, or by members, and their dependents, of
the National Oceanic and Atmospheric Administration and the Pub-
lic Health Service), a member of a uniformed service, and the
dependents of the member, may be accepted as tenants in, and
may occupy on a rental basis, any of those housing facilities, other
than public quarters constructed or designated for assignment to
an occupancy without charge by such a member and the dependents
of the member, if any. Such a member may not, because of occu-
pancy under this subsection, be deprived of any money allowance
to which the member is otherwise entitled for the rental of quarters.
‘‘(i) TEMPORARY HOUSING ALLOWANCE WHILE
IN TRAVEL
OR
LEAVE STATUS.—A member of a uniformed service who is in a
pay grade E–4 (4 or more years of service) or above is entitled
to a temporary basic allowance for housing (at a rate determined
by the Secretary of Defense) while the member is in a travel
or leave status between permanent duty stations, including time
granted as delay en route or proceed time, when the member
is not assigned to quarters of the United States.
‘‘(j) AVIATION CADETS.—The eligibility of an aviation cadet of
the Navy, Air Force, Marine Corps, or Coast Guard for a basic
allowance for housing shall be determined as if the aviation cadet
were a member of the uniformed services in pay grade E–4.
‘‘(k) ADMINISTRATION.—(1) The Secretary of Defense shall pre-
scribe regulations for the administration of this section.
‘‘(2) The Secretary concerned may make such determinations
as may be necessary to administer this section, including determina-
tions of dependency and relationship. When warranted by the cir-
cumstances, the Secretary concerned may reconsider and change
or modify any such determination. The authority of the Secretary
concerned under this subsection may be delegated. Any determina-
tion made under this section with regard to a member of the
uniformed services is final and is not subject to review by any
accounting officer of the United States or a court, unless there
is fraud or gross negligence.
‘‘(3) Parking facilities (including utility connections) provided
members of the uniformed services for house trailers and mobile
homes not owned by the Government shall not be considered to
be quarters for the purposes of this section or any other provision
of law. Any fees established by the Government for the use of
such a facility shall be established in an amount sufficient to
cover the cost of maintenance, services, and utilities and to amortize
the cost of construction of the facility over the 25-year period
beginning with the completion of such construction.
‘‘(l) TEMPORARY CONTINUATION OF ALLOWANCE FOR DEPEND-
ENTS
OF MEMBERS DYING
ON ACTIVE DUTY.—(1) The Secretary
of Defense, or the Secretary of Transportation in the case of the
Coast Guard when not operating as a service in the Navy, may
H. R. 1119—152
allow the dependents of a member of the armed forces who dies
on active duty and whose dependents are occupying family housing
provided by the Department of Defense, or by the Department
of Transportation in the case of the Coast Guard, other than on
a rental basis on the date of the member’s death to continue
to occupy such housing without charge for a period of 180 days.
‘‘(2) The Secretary concerned may pay a basic allowance for
housing (at the rate that is payable for members of the same
grade and dependency status as the deceased member for the area
where the dependents are residing) to the dependents of a member
of the uniformed services who dies while on active duty and whose
dependents—
‘‘(A) are not occupying a housing facility under the jurisdic-
tion of a uniformed service on the date of the member’s death;
‘‘(B) are occupying such housing on a rental basis on such
date; or
‘‘(C) vacate such housing sooner than 180 days after the
date of the member’s death.
‘‘(3) The payment of the allowance under paragraph (2) shall
terminate 180 days after the date of the member’s death.
‘‘(m) MEMBERS PAYING CHILD SUPPORT.—(1) A member of a
uniformed service with dependents may not be paid a basic allow-
ance for housing at the with dependents rate 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 is assigned to sea duty, and elects not
to occupy assigned quarters for unaccompanied personnel,
unless the member is in a pay grade above E–4.
‘‘(2) A member of a uniformed service assigned to quarters
of the United States or a housing facility under the jurisdiction
of a uniformed service who is not otherwise authorized a basic
allowance for housing and who pays child support is entitled to
the basic allowance for housing differential, except for months for
which the amount payable for the child support is less than the
rate of the differential. Payment of a basic allowance for housing
differential does not affect any entitlement of the member to a
partial allowance for quarters under subsection (n).
‘‘(3) The basic allowance for housing differential to which a
member is entitled under paragraph (2) is the amount equal to
the difference between—
‘‘(A) the rate of the basic allowance for quarters (with
dependents) for the member’s pay grade, as such rate was
in effect on December 31, 1997, under this section (as in effect
on that date); and
‘‘(B) the rate of the basic allowance for quarters (without
dependents) for the member’s pay grade, as such rate was
in effect on December 31, 1997, under this section (as in effect
on that date).
‘‘(4) Whenever the rates of basic pay for members of the uni-
formed services are increased, the monthly amount of the basic
allowance for housing differential computed under paragraph (3)
shall be increased by the average percentage increase in the rates
of basic pay. The effective date of the increase shall be the same
date as the effective date of the increase in the rates of basic
pay.
H. R. 1119—153
‘‘(5) In the case of two members, who have one or more common
dependents (and no others), who are not married to each other,
and one of whom pays child support to the other, the amount
of the basic allowance for housing paid to each member under
this section shall be reduced in accordance with regulations pre-
scribed by the Secretary of Defense. The total amount of the basic
allowances for housing paid to the two members may not exceed
the sum of the amounts of the allowance to which each member
would be otherwise entitled under this section.
‘‘(n) PARTIAL ALLOWANCE
FOR MEMBERS WITHOUT DEPEND-
ENTS.—(1) A member of a uniformed service without dependents
who is not entitled to receive a basic allowance for housing under
subsection (b), (c), or (d) is entitled to a partial basic allowance
for housing at a rate determined by the Secretary of Defense under
paragraph (2).
‘‘(2) The rate of the partial basic allowance for housing is
the partial rate of the basic allowance for quarters for the member’s
pay grade as such partial rate was in effect on December 31,
1997, under section 1009(c)(2) of this title (as such section was
in effect on such date).’’.
(b) TRANSITION TO BASIC ALLOWANCE FOR HOUSING.—The Sec-
retary of Defense shall develop and implement a plan to incremen-
tally manage the rate of growth of the various components of
the basic allowance for housing authorized by section 403 of title
37, United States Code (as amended by subsection (a)), during
a transition period of not more than six years. During the transition
period, the Secretary may continue to use the authorities provided
under sections 403, 403a, 405(b), and 427(a) of title 37, United
States Code (as in effect on the day before the date of the enactment
of this Act), but subject to such modifications as the Secretary
considers necessary, to provide allowances for members of the uni-
formed services.
(c) REPEAL OF SUPERSEDED AUTHORITIES.—(1) Section 403a of
title 37, United States Code, is repealed.
(2) Section 405 of such title is amended—
(A) by striking out subsection (b); and
(B) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(3) Section 427 of such title is amended—
(A) by striking out subsection (a); and
(B) in subsection (b)—
(i) by striking out ‘‘(b) ADDITIONAL SEPARATION ALLOW-
ANCE.—’’ and inserting in lieu thereof ‘‘(a) ENTITLEMENT
TO ALLOWANCE.—’’;
(ii) in paragraph (1)—
(I) by striking out ‘‘, including subsection (a),’’ in
the matter preceding the subparagraphs;
(II) by inserting ‘‘or’’ at the end of subparagraph
(B);
(III) by striking out ‘‘; or’’ at the end of subpara-
graph (C) and inserting in lieu thereof a period; and
(IV) by striking out subparagraph (D);
(iii) in paragraph (3)—
(I) by striking out ‘‘(3) An allowance’’ and inserting
in lieu thereof ‘‘(b) ENTITLEMENT WHEN NO RESIDENCE
OR HOUSEHOLD MAINTAINED
FOR DEPENDENTS.—An
allowance’’; and
H. R. 1119—154
(II) by striking out ‘‘this subsection’’ and inserting
in lieu thereof ‘‘subsection (a)’’;
(iv) in paragraph (4)—
(I) by striking out ‘‘(4) A member’’ and inserting
in lieu thereof ‘‘(c) EFFECT
OF ELECTION
TO SERVE
UNACCOMPANIED TOUR OF DUTY.—A member’’; and
(II) by striking out ‘‘paragraph (1)(A) of this sub-
section’’ and inserting in lieu thereof ‘‘subsection
(a)(1)(A)’’; and
(v) by striking out paragraph (5) and inserting in lieu
thereof the following new subsection:
‘‘(d) ENTITLEMENT WHILE SPOUSE ENTITLED TO BASIC PAY.—
A member married to another member of the uniformed services
becomes entitled, regardless of any other dependency status, to
an allowance under subsection (a) by virtue of duty prescribed
in subparagraph (A), (B), or (C) of paragraph (1) of such subsection
if the members were residing together immediately before being
separated by reasons of execution of military orders. Section 421
of this title does not apply to bar the entitlement to an allowance
under this section. However, not more than one monthly allowance
may be paid with respect to a married couple under this section.’’.
(4) The table of sections at the beginning of chapter 7 of
title 37, United States Code, is amended by striking out the items
relating to sections 403 and 403a and inserting in lieu thereof
the following new item:
‘‘403. Basic allowance for housing.’’.
(d) CONFORMING AMENDMENTS.—(1) Title 37, United States
Code, is amended—
(A) in section 101(25), by striking out ‘‘basic allowance
for quarters (including any variable housing allowance or sta-
tion housing allowance)’’ and inserting in lieu thereof ‘‘basic
allowance for housing’’;
(B) in section 406(c), by striking out ‘‘sections 404 and
405’’ and inserting in lieu thereof ‘‘sections 403(c), 404, and
405’’;
(C) in section 420(c), by striking out ‘‘quarters’’ and insert-
ing in lieu thereof ‘‘housing’’;
(D) in section 551(3)(D), by striking out ‘‘basic allowance
for quarters’’ and inserting in lieu thereof ‘‘basic allowance
for housing’’; and
(E) in section 1014(a), by striking out ‘‘basic allowance
for quarters’’ and inserting in lieu thereof ‘‘basic allowance
for housing’’.
(2) Title 10, United States Code, is amended—
(A) in section 708(c)(1), by striking out ‘‘basic allowance
for quarters or basic allowance for subsistence’’ and inserting
in lieu thereof ‘‘basic allowance for housing under section 403
of title 37, basic allowance for subsistence under section 402
of such title,’’;
(B) in section 2830(a)—
(i) in paragraph (1), by striking out ‘‘basic allowance
for quarters’’ and inserting in lieu thereof ‘‘basic allowance
for housing under section 403 of title 37’’; and
(ii) in paragraph (2), by striking out ‘‘basic allowance
for quarters’’ and inserting in lieu thereof ‘‘basic allowance
for housing’’;
H. R. 1119—155
(C) in section 2882(b)—
(i) in paragraph (1), by striking out ‘‘section 403(b)’’
and inserting in lieu thereof ‘‘section 403’’; and
(ii) in paragraph (2), by striking out ‘‘basic allowance
for quarters’’ and all that follows through the end of the
paragraph and inserting in lieu thereof ‘‘basic allowance
for housing under section 403 of title 37.’’;
(D) in section 7572(b)—
(i) in paragraph (1), by striking out ‘‘the total
of—’’ and all that follows through the end of the paragraph
and inserting in lieu thereof ‘‘the basic allowance for hous-
ing payable under section 403 of title 37 to a member
of the same pay grade without dependents for the period
during which the member is deprived of quarters on board
ship.’’; and
(ii) in paragraph (2), by striking out ‘‘basic allowance
for quarters’’ and inserting in lieu thereof ‘‘basic allowance
for housing’’; and
(E) in section 7573, by striking out ‘‘basic allowance for
quarters’’ and inserting in lieu thereof ‘‘basic allowance for
housing under section 403 of title 37’’.
(3) Section 5561(6)(D) of title 5, United States Code, is amended
by striking out ‘‘basic allowance for quarters’’ and inserting in
lieu thereof ‘‘basic allowance for housing’’.
(4) Section 107(b) of title 32, United States Code, is amended
by striking out ‘‘and quarters’’ and inserting in lieu thereof ‘‘and
housing’’.
(5) Section 4(k)(10) of the Military Selective Service Act (50
U.S.C. App. 454(k)(10)) is amended by striking out ‘‘as such terms’’
and all that follows through ‘‘extended or amended’’ and inserting
in lieu thereof ‘‘shall be entitled to receive a dependency allowance
equal to the basic allowance for housing provided for persons in
pay grade E–1 under section 403 of title 37, United States Code,’’.
(e) EFFECTIVE DATE.—This section and the amendments made
by this section shall take effect on January 1, 1998.
SEC. 604. REVISION OF AUTHORITY TO ADJUST COMPENSATION
NECESSITATED BY REFORM OF SUBSISTENCE AND HOUS-
ING ALLOWANCES.
(a) REMOVAL OF REFERENCES TO BAS AND BAQ.—(1) Section
1009 of title 37, United States Code, is amended to read as follows:
‘‘§ 1009. Adjustments of monthly basic pay
‘‘(a) ADJUSTMENT REQUIRED.—Whenever the General Schedule
of compensation for Federal classified employees, as contained in
section 5332 of title 5, is adjusted upward as provided in section
5303 of such title, the President shall immediately make an upward
adjustment in the monthly basic pay authorized members of the
uniformed services by section 203(a) of this title.
‘‘(b) EFFECTIVENESS
OF ADJUSTMENT.—An adjustment under
this section shall—
‘‘(1) have the force and effect of law; and
‘‘(2) carry the same effective date as that applying to the
compensation adjustments provided General Schedule employ-
ees.
‘‘(c) EQUAL PERCENTAGE INCREASE FOR ALL MEMBERS.—Subject
to subsection (d), an adjustment under this section shall provide
H. R. 1119—156
all eligible members with an increase in the monthly basic pay
which is of the same percentage as the overall average percentage
increase in the General Schedule rates of both basic pay and locality
pay for civilian employees.
‘‘(d) ALLOCATION OF INCREASE AMONG PAY GRADES AND YEARS-
OF-SERVICE.—(1) Subject to paragraph (2), whenever the President
determines such action to be in the best interest of the Government,
he may allocate the overall percentage increase in the monthly
basic pay under subsection (a) among such pay grade and years-
of-service categories as he considers appropriate.
‘‘(2) In making any allocation of an overall percentage increase
in basic pay under paragraph (1)—
‘‘(A) the amount of the increase in basic pay for any given
pay grade and years-of-service category after any allocation
made under this subsection may not be less than 75 percent
of the amount of the increase in the monthly basic pay that
would otherwise have been effective with respect to such pay
grade and years-of-service category under subsection (c); and
‘‘(B) the percentage increase in the monthly basic pay in
the case of any member of the uniformed services with four
years or less service may not exceed the overall percentage
increase in the General Schedule rates of basic pay for civilian
employees.
‘‘(e) NOTICE OF ALLOCATIONS.—Whenever the President plans
to exercise the authority of the President under subsection (d)
with respect to any anticipated increase in the monthly basic pay
of members of the uniformed services, the President shall advise
Congress, at the earliest practicable time prior to the effective
date of such increase, regarding the proposed allocation of such
increase.
‘‘(f) QUADRENNIAL ASSESSMENT OF ALLOCATIONS.—The alloca-
tions of increases made under this section shall be assessed in
conjunction with the quadrennial review of military compensation
required by section 1008(b) of this title.’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 19 of such title is amended to read
as follows:
‘‘1009. Adjustments of monthly basic pay.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on January 1, 1998.
SEC. 605. PROTECTION OF TOTAL COMPENSATION OF MEMBERS
WHILE PERFORMING CERTAIN DUTY.
Section 1009 of title 37, United States Code, as amended by
section 604, is further amended—
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new sub-
section:
‘‘(f) PROTECTION
OF MEMBER’S TOTAL COMPENSATION WHILE
PERFORMING CERTAIN DUTY.—(1) The total daily equivalent amount
of the elements of compensation described in paragraph (3), together
with other pay and allowances under this title, to be paid to a
member of the uniformed services who is temporarily assigned
to duty away from the member’s permanent duty station or to
duty under field conditions at the member’s permanent duty station
shall not be less, for any day during the assignment period, than
the total amount, for the day immediately preceding the date of
H. R. 1119—157
the assignment, of the elements of compensation and other pay
and allowances of the member.
‘‘(2) Paragraph (1) shall not apply with respect to an element
of compensation or other pay or allowance of a member during
an assignment described in such paragraph to the extent that
the element of compensation or other pay or allowance is reduced
or terminated due to circumstances unrelated to the assignment.
‘‘(3) The elements of compensation referred to in this subsection
mean—
‘‘(A) the monthly basic pay authorized members of the
uniformed services by section 203(a) of this title;
‘‘(B) the basic allowance for subsistence authorized mem-
bers of the uniformed services by section 402 of this title;
and
‘‘(C) the basic allowance for housing authorized members
of the uniformed services by section 403 of this title.’’.
Subtitle B—Bonuses and Special and
Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND SPECIAL
PAY AUTHORITIES FOR RESERVE FORCES.
(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN CRITICALLY
SHORT WARTIME SPECIALTIES.—Section 302g(f) of title 37, United
States Code, is amended by striking out ‘‘September 30, 1998’’
and inserting in lieu thereof ‘‘September 30, 1999’’.
(b) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(f)
of title 37, United States Code, is amended by striking out ‘‘Septem-
ber 30, 1998’’ and inserting in lieu thereof ‘‘September 30, 1999’’.
(c) SELECTED RESERVE ENLISTMENT BONUS.—Section 308c(e)
of title 37, United States Code, is amended by striking out ‘‘Septem-
ber 30, 1998’’ and inserting in lieu thereof ‘‘September 30, 1999’’.
(d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN
HIGH PRIORITY UNITS.—Section 308d(c) of title 37, United States
Code, is amended by striking out ‘‘September 30, 1998’’ and insert-
ing in lieu thereof ‘‘September 30, 1999’’.
(e) SELECTED RESERVE AFFILIATION BONUS.—Section 308e(e)
of title 37, United States Code, is amended by striking out ‘‘Septem-
ber 30, 1998’’ and inserting in lieu thereof ‘‘September 30, 1999’’.
(f) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS.—
Section 308h(g) of title 37, United States Code, is amended by
striking out ‘‘September 30, 1998’’ and inserting in lieu thereof
‘‘September 30, 1999’’.
(g) PRIOR SERVICE ENLISTMENT BONUS.—Section 308i(f) of title
37, United States Code, as redesignated by section 622, is amended
by striking out ‘‘September 30, 1998’’ and inserting in lieu thereof
‘‘September 30, 1999’’.
(h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH
PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section
16302(d) of title 10, United States Code, is amended by striking
out ‘‘October 1, 1998’’ and inserting in lieu thereof ‘‘October 1,
1999’’.
H. R. 1119—160
SEC. 617. AVAILABILITY OF MULTIYEAR RETENTION BONUS FOR DEN-
TAL OFFICERS.
(a) AVAILABILITY
OF RETENTION BONUS.—Chapter 5 of title
37, United States Code, is amended by inserting after section 301d
the following new section:
‘‘§ 301e. Multiyear retention bonus: dental officers of the
armed forces
‘‘(a) BONUS AUTHORIZED.—(1) A dental officer described in sub-
section (b) who executes a written agreement to remain on active
duty for two, three, or four years after completion of any other
active-duty service commitment may, upon acceptance of the written
agreement by the Secretary of the military department concerned,
be paid a retention bonus as provided in this section.
‘‘(2) The amount of a retention bonus under paragraph (1)
may not exceed $14,000 for each year covered by a four-year agree-
ment. The maximum yearly retention bonus for two-year and three-
year agreements shall be reduced to reflect the shorter service
commitment.
‘‘(b) 
OFFICERS
AUTOMATICALLY
ELIGIBLE.—Subsection 
(a)
applies to an officer of the armed forces who—
‘‘(1) is an officer of the Dental Corps of the Army or the
Navy or an officer of the Air Force designated as a dental
officer;
‘‘(2) has a dental specialty in oral and maxillofacial surgery;
‘‘(3) is in a pay grade below pay grade O–7;
‘‘(4) has at least eight years of creditable service (computed
as described in section 302b(g) of this title) or has completed
any active-duty service commitment incurred for dental edu-
cation and training; and
‘‘(5) has completed initial residency training (or will com-
plete such training before September 30 of the fiscal year
in which the officer enters into an agreement under subsection
(a)).
‘‘(c) EXTENSION OF BONUS TO OTHER DENTAL OFFICERS.—At
the discretion of the Secretary of the military department concerned,
the Secretary may enter into a written agreement described in
subsection (a)(1) with a dental officer who does not have the dental
specialty specified in subsection (b)(2), and pay a retention bonus
to such an officer as provided in this section, if the officer otherwise
satisfies the eligibility requirements specified in subsection (b).
The Secretaries shall exercise the authority provided in this section
in a manner consistent with regulations prescribed by the Secretary
of Defense.
‘‘(d) REFUNDS.—(1) Refunds shall be required, on a pro rata
basis, of sums paid under this section if the officer who has received
the payment fails to complete the total period of active duty speci-
fied in the agreement, as conditions and circumstances warrant.
‘‘(2) An obligation to reimburse the United States imposed
under paragraph (1) is for all purposes a debt owed to the United
States.
‘‘(3) A discharge in bankruptcy under title 11, United States
Code, that is entered less than five years after the termination
of an agreement under this section does not discharge the member
signing such agreement from a debt arising under such agreement
H. R. 1119—161
or under paragraph (1). This paragraph applies to any case com-
menced under title 11 after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1998.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 301d the following new item:
‘‘301e. Multiyear retention bonus: dental officers of the armed forces.’’.
SEC. 618. INCREASE IN VARIABLE AND ADDITIONAL SPECIAL PAYS
FOR CERTAIN DENTAL OFFICERS.
(a) VARIABLE SPECIAL PAY FOR JUNIOR OFFICERS.—Paragraph
(2) of section 302b(a) of title 37, United States Code, is amended
by striking out subparagraphs (C), (D), (E), and (F) and inserting
in lieu thereof the following new subparagraphs:
‘‘(C) $7,000 per year, if the officer has at least six but
less than eight years of creditable service.
‘‘(D) $12,000 per year, if the officer has at least eight
but less than 12 years of creditable service.
‘‘(E) $10,000 per year, if the officer has at least 12 but
less than 14 years of creditable service.
‘‘(F) $9,000 per year, if the officer has at least 14 but
less than 18 years of creditable service.
‘‘(G) $8,000 per year, if the officer has 18 or more years
of creditable service.’’.
(b) VARIABLE SPECIAL PAY FOR SENIOR OFFICERS.—Paragraph
(3) of such section is amended by striking out ‘‘$1,000’’ and inserting
in lieu thereof ‘‘$7,000’’.
(c) ADDITIONAL SPECIAL PAY.—Paragraph (4) of such section
is amended by striking out subparagraphs (B), (C), and (D) and
inserting in lieu thereof the following new subparagraphs:
‘‘(B) $6,000 per year, if the officer has at least three but
less than 10 years of creditable service.
‘‘(C) $15,000 per year, if the officer has 10 or more years
of creditable service.’’.
SEC. 619. AVAILABILITY OF SPECIAL PAY FOR DUTY AT DESIGNATED
HARDSHIP DUTY LOCATIONS.
(a) SPECIAL PAY AUTHORIZED.—Subsection (a) of section 305
of title 37, United States Code, is amended to read as follows:
‘‘(a) SPECIAL PAY AUTHORIZED.—A member of a uniformed serv-
ice who is entitled to basic pay may be paid special pay under
this section at a monthly rate not to exceed $300 while the member
is on duty at a location in the United States or outside the United
States designated by the Secretary of Defense as a hardship duty
location.’’.
(b) CROSS REFERENCES AND REGULATIONS.—Such section is fur-
ther amended—
(1) in subsection (b)—
(A) by inserting ‘‘EXCEPTION FOR CERTAIN MEMBERS
SERVING IN CERTAIN LOCATIONS.—’’ after ‘‘(b)’’; and
(B) by striking out ‘‘as foreign duty pay’’ and inserting
in lieu thereof ‘‘as hardship duty location pay’’;
(2) in subsection (c)—
(A) by inserting ‘‘EXCEPTION FOR MEMBERS RECEIVING
CAREER SEA PAY.—’’ after ‘‘(c)’’; and
H. R. 1119—162
(B) by striking out ‘‘special pay under this section’’
and inserting in lieu thereof ‘‘hardship duty location pay
under subsection (a)’’; and
(3) by adding at the end the following new subsection:
‘‘(d) REGULATIONS.—The Secretary of Defense shall prescribe
regulations for the provision of hardship duty location pay under
subsection (a), including the specific monthly rates at which the
special pay will be available.’’.
(c) CLERICAL AMENDMENTS.—(1) The heading of such section
is amended to read as follows:
‘‘§ 305. Special pay: hardship duty location pay’’.
(2) The table of sections at the beginning of chapter 5 of
title 37, United States Code, is amended by striking out the item
relating to section 305 and inserting in lieu thereof the following
new item:
‘‘305. Special pay: hardship duty location pay.’’.
(d) CONFORMING
AMENDMENT.—Section 907(d) of title 37,
United States Code, is amended by striking out ‘‘duty at certain
places’’ and inserting in lieu thereof ‘‘duty at a hardship duty
location’’.
(e) TRANSITION.—Until such time as the Secretary of Defense
prescribes regulations regarding the provision of hardship duty
location pay under section 305 of title 37, United States Code,
as amended by this section, the Secretary may continue to use
the authority provided by such section 305, as in effect on the
day before the date of the enactment of this Act, to provide special
pay to enlisted members of the uniformed services on duty at
certain places.
SEC. 620. DEFINITION OF SEA DUTY FOR PURPOSES OF CAREER SEA
PAY.
Section 305a(d) of title 37, United States Code, is amended—
(1) in paragraph (1)(A), by striking out ‘‘, ship-based staff,
or ship-based aviation unit’’;
(2) in paragraph (1)(B), by striking out ‘‘or ship-based staff’’;
(3) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(4) by inserting after paragraph (1) the following new para-
graph:
‘‘(2) The Secretary concerned may designate duty performed
by a member while serving on a ship the primary mission of
which is accomplished either while under way or in port as ‘sea
duty’ for purposes of this section, even though the duty is performed
while the member is permanently or temporarily assigned to a
ship-based staff or other unit not covered by paragraph (1).’’.
SEC. 621. MODIFICATION OF SELECTED RESERVE REENLISTMENT
BONUS.
(a) ELIGIBLE MEMBERS.—Subsection (a)(1) of section 308b of
title 37, United States Code, is amended by striking out ‘‘ten years’’
and inserting in lieu thereof ‘‘14 years’’.
(b) BONUS AMOUNTS; PAYMENT.—Subsection (b) of such section
is amended to read as follows:
‘‘(b) BONUS AMOUNTS; PAYMENT.—(1) The amount of a bonus
under this section may not exceed—
H. R. 1119—163
‘‘(A) $5,000, in the case of a member who reenlists or
extends an enlistment for a period of six years;
‘‘(B) $2,500, in the case of a member who, having never
received a bonus under this section, reenlists or extends an
enlistment for a period of three years; and
‘‘(C) $2,000, in the case of a member who, having received
a bonus under this section for a previous three-year reenlist-
ment or extension of an enlistment, reenlists or extends the
enlistment for an additional period of three years.
‘‘(2) Any bonus payable under this section shall be disbursed
in one initial payment of an amount not to exceed one-half of
the total amount of the bonus and subsequent periodic partial
payments of the balance of the bonus. The Secretary concerned
shall prescribe the amount of each partial payment and the schedule
for making the partial payments.’’.
(c) SPECIAL ELIGIBILITY REQUIREMENTS; NUMBER OF INDIVIDUAL
BONUSES.—Subsection (c) of such section is amended to read as
follows:
‘‘(c) CONDITION
ON ELIGIBILITY; LIMITATION
ON NUMBER
OF
BONUSES.—(1) To be eligible for a second bonus under this section
in the amount specified in subsection (b)(1)(C), a member must—
‘‘(A) enter into the subsequent reenlistment or extension
of an enlistment for a period of three years not later than
the date on which the enlistment or extension for which the
first bonus was paid would expire; and
‘‘(B) still satisfy the designated skill or unit requirements
required under subsection (a)(2).
‘‘(2) A member may not be paid more than one six-year bonus
or two three-year bonuses under this section.’’.
(d) EFFECT OF FAILURE TO SERVE SATISFACTORILY.—Subsection
(d) of such section is amended to read as follows:
‘‘(d) REPAYMENT OF BONUS.—A member who receives a bonus
under this section and who fails, during the period for which the
bonus was paid, to serve satisfactorily in the element of the Selected
Reserve of the Ready Reserve with respect to which the bonus
was paid shall refund to the United States an amount that bears
the same ratio to the amount of the bonus paid to the member
as the period that the member failed to serve satisfactorily bears
to the total period for which the bonus was paid.’’.
(e) CLERICAL AMENDMENTS.—Such section is further amended—
(1) in subsection (a), by inserting ‘‘AUTHORITY AND ELIGI-
BILITY REQUIREMENTS.—’’ after ‘‘(a)’’;
(2) in subsection (e), by inserting ‘‘REGULATIONS.—’’ after
‘‘(e)’’; and
(3) in subsection (f), by inserting ‘‘TERMINATION OF AUTHOR-
ITY.—’’ after ‘‘(f)’’.
SEC. 622. MODIFICATION OF SELECTED RESERVE ENLISTMENT BONUS
FOR FORMER ENLISTED MEMBERS.
(a) ELIGIBLE PERSONS.—Subsection (a)(2) of section 308i of title
37, United States Code, is amended—
(1) in subparagraph (A), by striking out ‘‘10 years’’ and
inserting in lieu thereof ‘‘14 years’’;
(2) in subparagraph (C), by striking out ‘‘and’’;
(3) by redesignating subparagraph (D) as subparagraph
(E);
H. R. 1119—164
(4) in subparagraph (E) (as so redesignated), by inserting
‘‘(except under this section)’’ after ‘‘bonus’’; and
(5) by inserting after subparagraph (C) the following new
subparagraph:
‘‘(D) is projected to occupy a position as a member of
the Selected Reserve in a specialty in which—
‘‘(i) the person successfully served while a member
on active duty; and
‘‘(ii) the person attained a level of qualification while
a member on active duty commensurate with the grade
and years of service of the member; and’’.
(b) BONUS AMOUNTS; PAYMENT.—Subsection (b) of such section
is amended to read as follows:
‘‘(b) BONUS AMOUNTS; PAYMENT.—(1) The amount of a bonus
under this section may not exceed—
‘‘(A) $5,000, in the case of a person who enlists for a
period of six years;
‘‘(B) $2,500, in the case of a person who, having never
received a bonus under this section, enlists for a period of
three years; and
‘‘(C) $2,000, in the case of a person who, having received
a bonus under this section for a previous three-year enlistment,
reenlists or extends the enlistment for an additional period
of three years.
‘‘(2) Any bonus payable under this section shall be disbursed
in one initial payment of an amount not to exceed one-half of
the total amount of the bonus and subsequent periodic partial
payments of the balance of the bonus. The Secretary concerned
shall prescribe the amount of each partial payment and the schedule
for making the partial payments.’’.
(c) SPECIAL ELIGIBILITY REQUIREMENTS; NUMBER OF INDIVIDUAL
BONUSES.—Subsection (c) of such section is amended to read as
follows:
‘‘(c) CONDITION
ON ELIGIBILITY; LIMITATION
ON NUMBER
OF
BONUSES.—(1) To be eligible for a second bonus under this section
in the amount specified in subsection (b)(1)(C), a person must—
‘‘(A) enter into a reenlistment or extension of an enlistment
for a period of three years not later than the date on which
the enlistment for which the first bonus was paid would expire;
and
‘‘(B) still satisfy the eligibility requirements under sub-
section (a).
‘‘(2) A person may not be paid more than one six-year bonus
or two three-year bonuses under this section.’’.
(d) REORGANIZATION
OF SECTION.—Such section is further
amended—
(1) by redesignating subsections (e), (f), and (g) as para-
graphs (2), (3), and (4), respectively, of subsection (d); and
(2) by redesignating subsections (h) and (i) as subsections
(e) and (f), respectively.
(e) CONFORMING
AND CLERICAL AMENDMENTS.—Such section
is further amended—
(1) in subsection (a), by inserting ‘‘AUTHORITY AND ELIGI-
BILITY REQUIREMENTS.—’’ after ‘‘(a)’’;
(2) in subsection (d)—
(A) by inserting ‘‘REPAYMENT
OF BONUS.—(1)’’ after
‘‘(d)’’;
H. R. 1119—166
SEC. 625. PROVISION OF BONUSES IN LIEU OF SPECIAL PAY FOR
ENLISTED MEMBERS EXTENDING TOURS OF DUTY AT
DESIGNATED LOCATIONS OVERSEAS.
(a) INCLUSION OF BONUS INCENTIVE.—(1) Section 314 of title
37, United States Code, is amended to read as follows:
‘‘§ 314. Special pay or bonus: qualified enlisted members
extending duty at designated locations overseas
‘‘(a) COVERED MEMBERS.—This section applies with respect to
an enlisted member of an armed force who—
‘‘(1) is entitled to basic pay;
‘‘(2) has a specialty that is designated by the Secretary
concerned for the purposes of this section;
‘‘(3) has completed a tour of duty (as defined in accordance
with regulations prescribed by the Secretary concerned) at a
location outside the 48 contiguous States and the District of
Columbia that is designated by the Secretary concerned for
the purposes of this section; and
‘‘(4) at the end of that tour of duty executes an agreement
to extend that tour for a period of not less than one year.
‘‘(b) SPECIAL PAY OR BONUS AUTHORIZED.—Upon the acceptance
by the Secretary concerned of the agreement providing for an exten-
sion of the tour of duty of an enlisted member described in sub-
section (a), the member is entitled, at the election of the Secretary
concerned, to either—
‘‘(1) special pay in monthly installments in an amount
prescribed by the Secretary, but not to exceed $80 per month;
or
‘‘(2) an annual bonus in an amount prescribed by the Sec-
retary, but not to exceed $2,000 per year.
‘‘(c) SELECTION AND PAYMENT OF SPECIAL PAY OR BONUS.—
Not later than the date on which the Secretary concerned accepts
an agreement described in subsection (a)(4) providing for the exten-
sion of a member’s tour of duty, the Secretary concerned shall
notify the member regarding whether the member will receive
special pay or a bonus under this section. The payment rate for
the special pay or bonus shall be fixed at the time of the agreement
and may not be changed during the period of the extended tour
of duty. The Secretary concerned may pay a bonus under this
section either in a lump sum or installments.
‘‘(d) REPAYMENT OF BONUS.—(1) A member who, having entered
into a written agreement to extend a tour of duty for a period
under subsection (a), receives a bonus payment under subsection
(b)(2) for a 12-month period covered by the agreement and ceases
during that 12-month period to perform the agreed tour of duty
shall refund to the United States the unearned portion of the
bonus. The unearned portion of the bonus is the amount by which
the amount of the bonus paid to the member exceeds the amount
determined by multiplying the amount of the bonus paid by the
percent determined by dividing 12 into the number of full months
during which the member performed the duty in the 12-month
period.
‘‘(2) The Secretary concerned may waive the obligation of a
member to reimburse the United States under paragraph (1) if
the Secretary determines that conditions and circumstances war-
rant the waiver.
H. R. 1119—167
‘‘(3) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
‘‘(4) A discharge in bankruptcy under title 11 that is entered
less than five years after the termination of the agreement does
not discharge the member signing the agreement from a debt arising
under the agreement or under paragraph (1). This paragraph
applies to any case commenced under title 11 on or after the
date of the enactment of the National Defense Authorization Act
for Fiscal Year 1998.
‘‘(e) EFFECT OF REST AND RECUPERATIVE ABSENCE.—A member
who elects to receive one of the benefits specified in section 705(b)
of title 10 as part of the extension of a tour of duty is not entitled
to the special pay authorized by subsection (b)(1) for the period
of the extension of duty for which the benefit under such section
is provided.’’.
(2) The item relating to section 314 in the table of sections
at the beginning of chapter 5 of such title is amended to read
as follows:
‘‘314. Special pay or bonus: qualified enlisted members extending duty at designated
locations overseas.’’.
(b) APPLICATION
OF AMENDMENT.—Section 314 of title 37,
United States Code, as amended by subsection (a), shall apply
with respect to an agreement to extend a tour of duty as provided
in such section executed on or after October 1, 1997.
SEC. 626. INCREASE IN AMOUNT OF FAMILY SEPARATION ALLOWANCE.
Section 427 of title 37, United States Code (as amended by
section 603), is further amended in subsection (a)(1) by striking
out ‘‘$75’’ and inserting in lieu thereof ‘‘$100’’.
SEC. 627. DEADLINE FOR PAYMENT OF READY RESERVE MUSTER DUTY
ALLOWANCE.
Section 433(c) of title 37, United States Code, is amended—
(1) in the first sentence, by striking out ‘‘and shall be’’
and all that follows through ‘‘is performed’’; and
(2) by inserting after the first sentence the following new
sentence: ‘‘The allowance may be paid to the member before,
on, or after the date on which the muster duty is performed,
but not later than 30 days after that date.’’.
Subtitle C—Travel and Transportation
Allowances
SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES FOR DEPEND-
ENTS BEFORE APPROVAL OF MEMBER’S COURT-MARTIAL
SENTENCE.
Section 406(h)(2)(C) of title 37, United States Code, is amended
by striking out the comma at the end of clause (iii) and all that
follows through ‘‘title 10.’’ and inserting in lieu thereof a period.
SEC. 632. DISLOCATION ALLOWANCE.
(a) IN GENERAL.—Section 407 of title 37, United States Code,
is amended to read as follows:
H. R. 1119—168
‘‘§ 407. Travel and transportation allowances: dislocation
allowance
‘‘(a) ELIGIBILITY FOR PRIMARY DISLOCATION ALLOWANCE.—(1)
Under regulations prescribed by the Secretary concerned, a member
of a uniformed service described in paragraph (2) is entitled to
a primary dislocation allowance at the rate determined under sub-
section (c) for the member’s pay grade and dependency status.
‘‘(2) A member of the uniformed services referred to in para-
graph (1) is any of the following:
‘‘(A) A member who makes a change of permanent station
and the member’s dependents actually make an authorized
move in connection with the change, including a move by the
dependents—
‘‘(i) to join the member at the member’s duty station
after an unaccompanied tour of duty when the member’s
next tour of duty is an accompanied tour at the same
station; and
‘‘(ii) to a location designated by the member after an
accompanied tour of duty when the member’s next tour
of duty is an unaccompanied tour at the same duty station.
‘‘(B) A member whose dependents actually move pursuant
to section 405a(a), 406(e), 406(h), or 554 of this title.
‘‘(C) A member whose dependents actually move from their
place of residence under circumstances described in section
406a of this title.
‘‘(D) A member who is without dependents and—
‘‘(i) actually moves to a new permanent station where
the member is not assigned to quarters of the United
States; or
‘‘(ii) actually moves from a place of residence under
circumstances described in section 406a of this title.
‘‘(E) A member who is ordered to move in connection with
the closure or realignment of a military installation and, as
a result, the member’s dependents actually move or, in the
case of a member without dependents, the member actually
moves.
‘‘(3) If a primary dislocation allowance is paid under this sub-
section to a member described in subparagraph (C) or (D)(ii) of
paragraph (2), the member is not entitled to another dislocation
allowance as a member described in subparagraph (A) or (E) of
such paragraph in connection with the same move.
‘‘(b) SECONDARY ALLOWANCE AUTHORIZED UNDER CERTAIN CIR-
CUMSTANCES.—(1) Under regulations prescribed by the Secretary
concerned, whenever a member is entitled to a primary dislocation
allowance under subsection (a) as a member described in paragraph
(2)(C) or (2)(D)(ii) of such subsection, the member is also entitled
to a secondary dislocation allowance at the rate determined under
subsection (c) for the member’s pay grade and dependency status
if, subsequent to the member or the member’s dependents actually
moving from their place of residence under circumstances described
in section 406a of this title, the member or member’s dependents
complete that move to a new location and then actually move
from that new location to another location also under circumstances
described in section 406a of this title.
‘‘(2) If a secondary dislocation allowance is paid under this
subsection, the member is not entitled to a dislocation allowance
H. R. 1119—169
as a member described in paragraph (2)(A) or (2)(E) of subsection
(a) in connection with those moves.
‘‘(c) DISLOCATION ALLOWANCE RATES.—(1) The amount of the
dislocation allowance to be paid under this section to a member
shall be based on the member’s pay grade and dependency status
at the time the member becomes entitled to the allowance.
‘‘(2) The initial rate for the dislocation allowance, for each
pay grade and dependency status, shall be equal to the rate in
effect for that pay grade and dependency status on December 31,
1997, as adjusted by the average percentage increase in the rates
of basic pay for calendar year 1998. Effective on the same date
that the monthly rates of basic pay for members are increased
for a subsequent calendar year, the Secretary of Defense shall
adjust the rates for the dislocation allowance for that calendar
year by the percentage equal to the average percentage increase
in the rates of basic pay for that calendar year.
‘‘(d) FISCAL YEAR LIMITATION; EXCEPTIONS.—(1) A member is
not entitled to more than one dislocation allowance under this
section during a fiscal year unless—
‘‘(A) the Secretary concerned finds that the exigencies of
the service require the member to make more than one change
of permanent station during the fiscal year;
‘‘(B) the member is ordered to a service school as a change
of permanent station;
‘‘(C) the member’s dependents are covered by section
405a(a), 406(e), 406(h), or 554 of this title; or
‘‘(D) subparagraph (C) or (D)(ii) of subsection (a)(2) or sub-
section (b) apply with respect to the member or the member’s
dependents.
‘‘(2) This subsection does not apply in time of national emer-
gency or in time of war.
‘‘(e) FIRST OR LAST DUTY.—A member is not entitled to payment
of a dislocation allowance under this section when the member
is ordered from the member’s home to the member’s first duty
station or from the member’s last duty station to the member’s
home.
‘‘(f) RULE OF CONSTRUCTION.—For purposes of this section, a
member whose dependents may not make an authorized move in
connection with a change of permanent station is considered a
member without dependents.
‘‘(g) ADVANCE PAYMENT.—A dislocation allowance payable under
this section may be paid in advance.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on January 1, 1998.
Subtitle D—Retired Pay, Survivor Benefits,
and Related Matters
SEC. 641. ONE-YEAR OPPORTUNITY TO DISCONTINUE PARTICIPATION
IN SURVIVOR BENEFIT PLAN.
(a) ELECTION TO DISCONTINUE WITHIN ONE YEAR AFTER SEC-
OND ANNIVERSARY OF COMMENCEMENT OF PAYMENT OF RETIRED
PAY.—(1) Subchapter II of chapter 73 of title 10, United States
Code, is amended by inserting after section 1448 the following
new section:
H. R. 1119—170
‘‘§ 1448a. Election to discontinue participation: one-year
opportunity 
after 
second 
anniversary 
of
commencement of payment of retired pay
‘‘(a) AUTHORITY.—A participant in the Plan may, subject to
the provisions of this section, elect to discontinue participation
in the Plan at any time during the one-year period beginning
on the second anniversary of the date on which payment of retired
pay to the participant commences.
‘‘(b) CONCURRENCE OF SPOUSE.—
‘‘(1) CONCURRENCE REQUIRED.—A married participant may
not (except as provided in paragraph (2)) make an election
under subsection (a) without the concurrence of the partici-
pant’s spouse.
‘‘(2) EXCEPTIONS.—A participant may make such an election
without the concurrence of the participant’s spouse by establish-
ing to the satisfaction of the Secretary concerned that one
of the conditions specified in section 1448(a)(3)(C) of this title
exists.
‘‘(3) FORM OF CONCURRENCE.—The concurrence of a spouse
under paragraph (1) shall be made in such written form and
shall contain such information as may be required under regula-
tions prescribed by the Secretary of Defense.
‘‘(c) LIMITATION ON ELECTION WHEN FORMER SPOUSE COVERAGE
IN EFFECT.—The limitation set forth in section 1450(f)(2) of this
title applies to an election to discontinue participation in the Plan
under subsection (a).
‘‘(d) WITHDRAWAL
OF
ELECTION
TO
DISCONTINUE.—Section
1448(b)(1)(D) of this title applies to an election under subsection
(a).
‘‘(e) 
CONSEQUENCES
OF
DISCONTINUATION.—Section
1448(b)(1)(E) of this title applies to an election under subsection
(a).
‘‘(f) NOTICE TO AFFECTED BENEFICIARIES.—The Secretary con-
cerned shall notify any former spouse or other natural person
previously designated under section 1448(b) of this title of an elec-
tion to discontinue participation under subsection (a).
‘‘(g) EFFECTIVE DATE OF ELECTION.—An election under sub-
section (a) is effective as of the first day of the first calendar
month following the month in which the election is received by
the Secretary concerned.
‘‘(h) INAPPLICABILITY
OF IRREVOCABILITY PROVISIONS.—Para-
graphs (4)(B) and (5)(C) of section 1448(a) of this title do not
apply to prevent an election under subsection (a).’’.
(2) The table of sections at the beginning of such subchapter
is amended by inserting after the item relating to section 1448
the following new item:
‘‘1448a. Election to discontinue participation: one-year opportunity after second
anniversary of commencement of payment of retired pay.’’.
(b) TRANSITION PROVISION FOR CURRENT PARTICIPANTS.—Not-
withstanding the limitation on the time for making an election
under section 1448a of title 10, United States Code (as added
by subsection (a)), that is specified in subsection (a) of such section,
a participant in the Survivor Benefit Plan under subchapter II
of chapter 73 of such title may make an election in accordance
with that section within one year after the effective date of that
section under subsection (c) if the second anniversary of the
H. R. 1119—171
commencement of payment of retired pay to the participant precedes
that effective date.
(c) EFFECTIVE DATE.—Section 1448a of title 10, United States
Code, as added by subsection (a), shall take effect 180 days after
the date of the enactment of this Act.
SEC. 642. TIME IN WHICH CHANGE IN SURVIVOR BENEFIT COVERAGE
FROM FORMER SPOUSE TO SPOUSE MAY BE MADE.
(a) EXTENSION
OF TIME
FOR CHANGE.—Section 1450(f)(1)(C)
of title 10, United States Code, is amended by adding at the end
the following new sentence: ‘‘Notwithstanding the preceding sen-
tence, a change of election under this subsection to provide an
annuity to a spouse instead of a former spouse may (subject to
paragraph (2)) be made at any time after the person providing
the annuity remarries without regard to the time limitation in
section 1448(a)(5)(B) of this title.’’.
(b) APPLICABILITY.—The amendment made by subsection (a)
shall apply with respect to marriages occurring before, on, or after
the date of the enactment of this Act.
SEC. 643. REVIEW OF FEDERAL FORMER SPOUSE PROTECTION LAWS.
(a) REVIEW REQUIRED.—The Secretary of Defense shall carry
out a comprehensive review (including a comparison) of—
(1) the protections, benefits, and treatment afforded under
Federal law to members and former members of the uniformed
services and former spouses of such persons; and
(2) the protections, benefits, and treatment afforded under
Federal law to employees and former employees of the Govern-
ment and former spouses of such persons.
(b) MILITARY PERSONNEL MATTERS TO BE REVIEWED.—In the
case of members and former members of the uniformed services
and former spouses of such persons, the review under subsection
(a) shall include the following:
(1) All provisions of law (principally those originally enacted
in the Uniformed Services Former Spouses’ Protection Act (title
X of Public Law 97–252)) that—
(A) establish, provide for the enforcement of, or other-
wise protect interests of members and former members
of the uniformed services and former spouses of such per-
sons in retired or retainer pay of members and former
members; or
(B) provide other benefits for members and former
members of the uniformed services and former spouses
of such persons.
(2) The experience of the uniformed services in administer-
ing those provisions of law, including the adequacy and
effectiveness of the legal assistance provided by the Department
of Defense in matters related to the Uniformed Services Former
Spouses’ Protection Act.
(3) The experience of members and former members of
the uniformed services and former spouses of such persons
in the administration of those provisions of law.
(4) The experience of members and former members of
the uniformed services and former spouses of such persons
in the application of those provisions of law by State courts.
(5) The history of State statutes and State court interpreta-
tions of the Uniformed Services Former Spouses’ Protection
Act and other provisions of Federal law described in paragraph
H. R. 1119—172
(1)(A) and the extent to which those interpretations follow
those laws.
(c) CIVILIAN PERSONNEL MATTERS TO BE REVIEWED.—In the
case of former spouses of employees and former employees of the
Government, the review under subsection (a) shall include the
following:
(1) All provisions of law that—
(A) establish, provide for the enforcement of, or other-
wise protect interests of employees and former employees
of the Government and former spouses of such persons
in annuities of employees and former employees under
Federal employees’ retirement systems; or
(B) provide other benefits for employees and former
employees of the Government and former spouses of such
persons.
(2) The experience of the Office of Personnel Management
and other agencies of the Government in administering those
provisions of law.
(3) The experience of employees and former employees of
the Government and former spouses of such persons in the
administration of those provisions of law.
(4) The experience of employees and former employees of
the Government and former spouses of such persons in the
application of those provisions of law by State courts.
(d) SAMPLING AUTHORIZED.—The Secretary may use sampling
in carrying out the review under this section.
(e) REPORT.—Not later than September 30, 1999, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representa-
tives a report on the results of the review under subsection (a).
The report shall include any recommendations for legislation that
the Secretary considers appropriate.
SEC. 644. ANNUITIES FOR CERTAIN MILITARY SURVIVING SPOUSES.
(a) SURVIVOR ANNUITY.—(1) The Secretary concerned shall pay
an annuity to the qualified surviving spouse of each member of
the uniformed services who—
(A) died before March 21, 1974, and was entitled to retired
or retainer pay on the date of death; or
(B) was a member of a reserve component of the Armed
Forces during the period beginning on September 21, 1972,
and ending on October 1, 1978, and at the time of his death
would have been entitled to retired pay under chapter 67 of
title 10, United States Code (as in effect before December
1, 1994), but for the fact that he was under 60 years of age.
(2) A qualified surviving spouse for purposes of this section
is a surviving spouse who has not remarried and who is not eligible
for an annuity under section 4 of Public Law 92–425 (10 U.S.C.
1448 note).
(b) AMOUNT OF ANNUITY.—(1) An annuity under this section
shall be paid at the rate of $165 per month, as adjusted from
time to time under paragraph (3).
(2) An annuity paid to a surviving spouse under this section
shall be reduced by the amount of any dependency and indemnity
compensation (DIC) to which the surviving spouse is entitled under
section 1311(a) of title 38, United States Code.
H. R. 1119—173
(3) Whenever after the date of the enactment of this Act retired
or retainer pay is increased under section 1401a(b)(2) of title 10,
United States Code, each annuity that is payable under this section
shall be increased at the same time and by the same total percent.
The amount of the increase shall be based on the amount of the
monthly annuity payable before any reduction under this section.
(c) APPLICATION REQUIRED.—No benefit shall be paid to any
person under this section unless an application for such benefit
is filed with the Secretary concerned by or on behalf of such person.
(d) DEFINITIONS.—For purposes of this section:
(1) The terms ‘‘uniformed services’’ and ‘‘Secretary con-
cerned’’ have the meanings given such terms in section 101
of title 37, United States Code.
(2) The term ‘‘surviving spouse’’ has the meaning given
the terms ‘‘widow’’ and ‘‘widower’’ in paragraphs (3) and (4)
of section 1447 of title 10, United States Code.
(e) PROSPECTIVE APPLICABILITY.—(1) Annuities under this sec-
tion shall be paid for months beginning after the month in which
this Act is enacted.
(2) No benefit shall accrue to any person by reason of the
enactment of this section for any period before the first month
that begins after the month in which this Act is enacted.
(f) EXPIRATION OF AUTHORITY.—The authority to pay annuities
under this section shall expire on September 30, 2001.
SEC. 645. ADMINISTRATION OF BENEFITS FOR SO-CALLED MINIMUM
INCOME WIDOWS.
(a) PAYMENTS TO BE MADE
BY SECRETARY
OF VETERANS
AFFAIRS.—Section 653(d) of the National Defense Authorization
Act, Fiscal Year 1989 (10 U.S.C. 1448 note) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘An annuity’’ the first place
it appears; and
(2) by adding at the end the following new paragraph:
‘‘(2) Payment of annuities under this section shall be made
by the Secretary of Veterans Affairs. In making such payments,
the Secretary shall combine the payment under this section with
the payment of any amount due the same person under section
4 of Public Law 92–425 (10 U.S.C. 1448 note), as provided in
subsection (e)(1) of that section. The Secretary concerned shall
transfer amounts for payments under this section to the Secretary
of Veterans Affairs in the same manner as is provided under sub-
section (e)(2) of section 4 of Public Law 92–425 for payments under
that section.’’.
(b) COMBINATION WITH OTHER BENEFITS.—Section 4(e)(1) of
Public Law 92–425 (10 U.S.C. 1448 note) is amended—
(1) by inserting after the first sentence the following new
sentence: ‘‘In making such payments, the Secretary shall com-
bine with the payment under this section payment of any
amount due the same person under section 653(d) of the
National Defense Authorization Act, Fiscal Year 1989 (10
U.S.C. 1448 note).’’; and
(2) by inserting ‘‘(and, if applicable, under section 653(d)
of the National Defense Authorization Act, Fiscal Year 1989)’’
after ‘‘under this section’’.
(c) EFFECTIVE DATE.—The amendments made by this section
take effect on the first day of the first month beginning after
the date of the enactment of this Act and shall apply with respect
H. R. 1119—174
to payments of benefits for months beginning on or after that
date, except that the Secretary of Veterans Affairs may provide,
if necessary for administrative implementation, that such amend-
ments shall apply beginning with a later month, not later than
the first month beginning more than 180 days after the date of
the enactment of this Act.
Subtitle E—Other Matters
SEC. 651. LOAN REPAYMENT PROGRAM FOR COMMISSIONED OFFICERS
IN CERTAIN HEALTH PROFESSIONS.
(a) IN GENERAL.—Chapter 109 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 2173. Education loan repayment program: commissioned
officers in specified health professions
‘‘(a) AUTHORITY TO REPAY EDUCATION LOANS.—For the purpose
of maintaining adequate numbers of commissioned officers of the
armed forces on active duty who are qualified in the various health
professions, the Secretary of a military department may repay,
in the case of a person described in subsection (b), a loan that—
‘‘(1) was used by the person to finance education regarding
a health profession; and
‘‘(2) was obtained from a governmental entity, private
financial institution, school, or other authorized entity.
‘‘(b) ELIGIBLE PERSONS.—To be eligible to obtain a loan repay-
ment under this section, a person must—
‘‘(1) satisfy one of the requirements specified in subsection
(c);
‘‘(2) be fully qualified for, or hold, an appointment as a
commissioned officer in one of the health professions; and
‘‘(3) sign a written agreement to serve on active duty,
or, if on active duty, to remain on active duty for a period
in addition to any other incurred active duty obligation.
‘‘(c) ACADEMIC AND PROFESSIONAL REQUIREMENTS.—One of the
following academic requirements must be satisfied for purposes
of determining the eligibility of a person for a loan repayment
under this section:
‘‘(1) The person is fully qualified in a health care profession
that the Secretary of the military department concerned has
determined to be necessary to meet identified skill shortages.
‘‘(2) The person is enrolled as a full-time student in the
final year of a course of study at an accredited educational
institution leading to a degree in a health profession other
than medicine or osteopathic medicine.
‘‘(3) The person is enrolled in the final year of an approved
graduate program leading to specialty qualification in medicine,
dentistry, osteopathic medicine, or other health profession.
‘‘(d) CERTAIN PERSONS INELIGIBLE.—Participants of the Armed
Forces Health Professions Scholarship and Financial Assistance
program under subchapter I of chapter 105 of this title and students
of the Uniformed Services University of the Health Sciences estab-
lished under section 2112 of this title are not eligible for the
repayment of an education loan under this section.
‘‘(e) LOAN REPAYMENTS.—(1) Subject to the limits established
by paragraph (2), a loan repayment under this section may consist