222
‘‘(d) Subsection (a)(1) applies to the following mem-
bers:
‘‘(1) Enlisted members of the Air Force.
‘‘(2) Enlisted members of other armed forces
attending Air Force training schools whose jobs are
closely related to Air Force jobs.
‘‘(3) Enlisted members of other armed forces
who are serving as instructors at Air Force training
schools.’’.
(c) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall apply with respect to enroll-
ments in the Community College of the Air Force after
March 31, 1996.
TITLE VI—COMPENSATION AND
OTHER PERSONNEL BENEFITS
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(b) of title 37, United States
Code (as amended by section 602), in the rate of monthly
basic pay authorized members of the uniformed services
by section 203(a) of such title shall not be made.
223
(b) INCREASE IN BASIC PAY.—Effective on January
1, 1998, the rates of basic pay of members of the uni-
formed services are increased by 2.8 percent.
SEC. 602. ANNUAL ADJUSTMENT OF BASIC PAY AND PRO-
TECTION OF MEMBER’S TOTAL COMPENSA-
TION WHILE PERFORMING CERTAIN DUTY.
(a) IN GENERAL.—Section 1009 of title 37, United
States Code, is amended to read as follows:
‘‘§ 1009. Certain elements of compensation: adjust-
ment; protection against change
‘‘(a) ELEMENTS OF COMPENSATION.—In this sec-
tion, the term ‘elements of compensation’ means—
‘‘(1) the monthly basic pay authorized members
of the uniformed services by section 203(a) of this
title;
‘‘(2) the basic allowance for subsistence author-
ized members of the uniformed services by section
402 of this title; and
‘‘(3) the basic allowance for housing authorized
members of the uniformed services by section 403 of
this title.
‘‘(b) ANNUAL ADJUSTMENT OF BASIC PAY.—Effec-
tive as of the first day of the first applicable pay period
beginning on or after January 1 of each calendar year,
the rates of basic pay of members of the uniformed serv-
224
ices shall be increased by the percentage (rounded to the
nearest one-tenth of one percent) equal to the percentage
by which the Employment Cost Index for the base quarter
of the year before the preceding calendar year exceeds the
Employment Cost Index for the base quarter of the second
year before the preceding calendar year (if at all).
‘‘(c) ALLOCATION OF ADJUSTMENT.—(1) Subject to
paragraph (2), whenever the President determines such
action to be in the best interest of the Government, the
President may allocate the percentage increase in basic
pay among such pay grade and years-of-service categories
as the President considers appropriate.
‘‘(2) In making any allocation under paragraph (1),
the amount of the increase in basic pay for any given pay
grade and years-of-service category after the allocation
under paragraph (1) may not be less than 75 percent of
the amount of the increase that otherwise would have been
effective with respect to such pay grade and years-of-serv-
ice category under subsection (b).
‘‘(3) Whenever the President plans to use the author-
ity provided under paragraph (1) with respect to any an-
ticipated increase in the compensation of members of the
uniformed services, the President shall advise the Con-
gress, at the earliest practicable time before the effective
date of the increase, regarding the proposed allocation of
225
the increase among pay grade and years-of-service cat-
egories.
‘‘(d) PROTECTION OF MEMBER’S TOTAL COMPENSA-
TION WHILE PERFORMING CERTAIN DUTY.—(1) The
total daily amount of the elements of compensation, de-
scribed in subsection (a), together with other pay and al-
lowances 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 as-
signment period, than the total amount, for the day imme-
diately preceding the date of the assignment, of the ele-
ments 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 para-
graph to the extent that the element of compensation or
other pay or allowance is reduced or terminated due to
circumstances unrelated to the assignment.
‘‘(e) OTHER DEFINITIONS.—In this section:
‘‘(1) The term ‘Employment Cost Index’ means
the Employment Cost Index (wages and salaries,
226
private industry workers) published quarterly by the
Bureau of Labor Statistics.
‘‘(2) The term ‘base quarter’, for each year,
means the three-month period ending on September
30 of such year.’’.
(b) CLERICAL AMENDMENT.—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. Certain elements of compensation: adjustment; protection against
change.’’.
SEC. 603. USE OF FOOD COST INFORMATION TO DETER-
MINE BASIC ALLOWANCE FOR SUBSISTENCE.
(a) FOOD-COST BASED ALLOWANCE.—Section 402
of title 37, United States Code, is amended to read as
follows:
‘‘§ 402. Basic allowance for subsistence
‘‘(a) ENTITLEMENT; RATE; ADJUSTMENT.—(1) Ex-
cept as otherwise provided by law, each member of a uni-
formed service described in subsection (b) or (c) is entitled
to a basic allowance for subsistence. The rate for the al-
lowance shall be prescribed in regulations by the Secretary
of Defense after consultation with the Secretaries con-
cerned specified in subparagraphs (D), (E), and (F) of
section 101(5) of this title. The allowance may be paid
in advance for a period of not more than three months.
227
‘‘(2) Whenever basic pay is increased pursuant to sec-
tion 1009 of this title or another law, the Secretary of
Defense shall adjust the basic allowance for subsistence
at the same rate as the most recent adjustment made to
the cost of the moderate food plan of the Department of
Agriculture (one of the four official food plans used by
the Department of Agriculture under the Food Stamp Act
of 1977) to reflect changes in the cost of the diet described
by the moderate food plan.
‘‘(b) ENLISTED MEMBERS.—An enlisted member is
entitled to the basic allowance for subsistence on a daily
basis if the member is entitled to basic pay and one or
more of the following applies with respect to the member:
‘‘(1) Rations in kind are not available.
‘‘(2) Rations in kind are available, but the Sec-
retary of Defense authorizes the payment of the
basic allowance for subsistence.
‘‘(3) Permission to mess separately is granted.
‘‘(4) The member is assigned to duty under
emergency conditions where no messing facilities of
the United States are available.
‘‘(5) The member is on an authorized leave of
absence, is confined in a hospital, or is performing
travel under orders away from the member’s des-
ignated post of duty (except when rations in kind
228
are available and the Secretary of Defense does not
authorize the payment of the basic allowance for
subsistence.).
‘‘(c) OFFICERS.—An officer of a uniformed service
who is entitled to basic pay is entitled, at all times, 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.
‘‘(d) SPECIAL RULE FOR CERTAIN MEMBERS AU-
THORIZED
TO MESS SEPARATELY.—Under regulations
and 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 who is granted permission to mess
separately, and whose duties require the member to buy
at least one meal from other than a messing facility of
the United States, is entitled to not more than the pro
rata allowance authorized for each such meal for an en-
listed member when rations in kind are not available.
‘‘(e) PAYMENT FOR RATIONS IN KIND ACTUALLY
RECEIVED.—The Secretary of Defense may require a
member of the uniformed services to pay for rations in
229
kind actually received by the member while entitled to a
basic allowance for subsistence.
‘‘(f) ADMINISTRATION.—(1) The Secretary of De-
fense may prescribe regulations for the administration of
this section.
‘‘(2) For purposes of subsection (b)(5), a member
shall not be considered to be performing travel under or-
ders away from his designated post of duty if the mem-
ber—
‘‘(A) is an enlisted member serving the mem-
ber’s first tour of active duty;
‘‘(B) has not actually reported to a permanent
duty station pursuant to orders directing such as-
signment; and
‘‘(C) is not actually traveling between stations
pursuant to orders directing a change of station.
‘‘(g) PERCENTAGE LIMITATION ON ENLISTED MEM-
BERS RECEIVING ALLOWANCE.—(1) This subsection ap-
ples with respect to enlisted members of the Army, Navy,
Air Force, and Marine Corps who, when present at their
permanent duty station and at which adequate messing
facilities of the United States are available, reside without
dependents in Government quarters. The Secretary con-
cerned may not provide a basic allowance for subsistence
230
to more than 12 percent of such members under the juris-
diction of the Secretary concerned.
‘‘(2) The Secretary concerned may exceed the per-
centage limitation specified in paragraph (1) if the Sec-
retary determines that compliance would increase costs to
the Government, would impose financial hardships on
members otherwise entitled to a basic allowance for sub-
sistence, or would reduce the quality of life for such mem-
bers.
‘‘(3) This subsection shall not apply to a member de-
scribed in paragraph (1) when the member is not residing
at the member’s permanent duty station.
‘‘(h) RATIONS IN KIND FOR CERTAIN RESERVES.—
(1) The Secretary concerned may provide rations in kind,
or a part thereof, to an enlisted member of a reserve com-
ponent or of the National Guard when the member’s in-
struction or duty periods, described in section 206(a) of
this title, total at least eight hours in a calendar day. The
Secretary concerned may provide the member with a com-
mutation when rations in kind are not available.
‘‘(2) This subsection shall not apply with respect to
an enlisted member of a reserve component or of the Na-
tional Guard who is entitled to basic pay.
‘‘(i) USE OF MESSING FACILITIES.—The Secretary
of Defense, in consultation with the Secretaries concerned,
231
shall establish policies regarding the use of messing facili-
ties of the United States, including field messing facili-
ties.’’.
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section
404(b)(2) of title 37, United States Code, is amended by
striking out ‘‘under section 402(e) of this title’’ and insert-
ing in lieu thereof ‘‘by the Secretary of Defense’’.
(2) Section 1012 of title 37, United States Code, is
amended by striking out ‘‘section 402(b)(3)’’ and inserting
in lieu thereof ‘‘section 402(h)’’.
(3) Section 6912 of title 10, United States Code, is
amended by striking out ‘‘section 402(a) and (b)’’ and in-
serting in lieu thereof ‘‘section 402(c)’’.
SEC. 604. CONSOLIDATION OF BASIC ALLOWANCE FOR
QUARTERS, VARIABLE HOUSING ALLOWANCE,
AND OVERSEAS HOUSING 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) COMPONENTS
OF
BASIC
ALLOWANCE
FOR
HOUSING.—The basic allowance for housing consists of
the following components:
‘‘(1) A basic allowance for quarters for mem-
bers of the uniformed services stationed in the Unit-
232
ed States and, under certain circumstances, mem-
bers on duty outside of the United States whose de-
pendents continue to reside in the United States.
‘‘(2) A overseas station housing allowance for
members on duty outside of the United States to re-
flect housing costs incurred by the members.
‘‘(3) A family separation housing allowance for
members with dependents when the movement of the
dependents to the members’ permanent station is
not authorized at the expense of the United States.
‘‘(b) ELIGIBILITY FOR ALLOWANCE.—(1) Except as
otherwise provided by law, a member of a uniformed serv-
ice who is entitled to basic pay shall receive the component
or components of the basic allowance for housing to which
the member is entitled under this section at the monthly
rates prescribed in connection with the component under
this section or other provision of law. The amount of the
allowance for a member will vary according to the pay
grade in which the member is assigned or distributed for
basic pay purposes and the member’s dependency status.
‘‘(2) The basic allowance for housing may be paid in
advance.
‘‘(c) EFFECT
OF ASSIGNMENT
TO GOVERNMENT
QUARTERS.—(1) Except as otherwise provided by law, a
member of a uniformed service who is assigned to quarters
233
of the United States appropriate to the grade, rank, or
rating of the member and adequate for the member and
dependents, if with dependents, is not entitled to a basic
allowance for housing. In this section, the term ‘quarters
of the United States’ includes a housing facility under the
jurisdiction of a uniformed service.
‘‘(2) A member without dependents who is in a pay
grade above pay grade E–6 and is assigned to quarters
of the United States may elect not to occupy those quar-
ters and instead receive the basic allowance for housing
to which the member is otherwise entitled.
‘‘(3) A member without dependents who is in pay
grade E–6 and 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 may elect not to occupy those quarters
and instead to receive the basic allowance for housing to
which the member is otherwise entitled. The Secretary
concerned may deny the right to make an election under
this paragraph if the Secretary determines that the exer-
cise of such an election would adversely affect a training
mission, military discipline, or military readiness.
‘‘(4) In the case of a member with dependents who
is assigned to quarters of the United States at a location
or under circumstances that, as determined by the Sec-
234
retary concerned, require the member’s dependents to re-
side at different location, the member shall receive a basic
allowance for housing as if the member were assigned to
duty in the area in which the dependents reside and did
not reside in quarters of the United States.
‘‘(d) EFFECT OF FIELD DUTY AND SEA DUTY.—(1)
The Secretary concerned may deny the basic allowance for
housing to a member of a uniformed service without de-
pendents when the member is assigned to field duty with
a unit conducting field operations.
‘‘(2) A member of a uniformed service without de-
pendents who is in a pay grade below pay grade E–6 is
not entitled to a basic allowance for housing while on sea
duty. After taking into consideration the availability of
quarters for members serving in pay grade E–5, the Sec-
retary concerned may authorize the payment of a basic
allowance for housing to a member without dependents
who is serving in such pay grade and is assigned to sea
duty.
‘‘(3) 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 simultaneous sea duty. The
235
amount of the allowance shall be based on the without de-
pendents rate for the pay grade of the senior member of
the couple. However, this paragraph shall not apply to a
couple if one or both of the members are entitled to a
basic allowance for housing under paragraph (2).
‘‘(4) For purposes of this subsection, the Secretary
of Defense shall prescribe, by regulation, definitions of the
terms ‘field duty’ and ‘sea duty’.
‘‘(e) BASIC ALLOWANCE FOR QUARTERS.—(1) The
Secretary of Defense shall determine the costs of adequate
housing in a military housing area for all members of the
uniformed services entitled to a basic allowance for quar-
ters in that area. The Secretary shall base the determina-
tion upon the costs of adequate housing for civilians with
comparable income levels in the same area.
‘‘(2) The monthly amount of a basic allowance for
quarters for an area of the United States for a member
of a uniformed service is equal to difference between—
‘‘(A) the monthly cost of housing in that area,
as determined by the Secretary of Defense, for mem-
bers 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 month-
ly cost of housing in the United States, as deter-