Page:United States Statutes at Large Volume 108 Part 4.djvu/145

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PUBLIC LAW 103-337 —OCT. 5, 1994 108 STAT. 2779 TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A—Pay and Allowances SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1995. 37 USC 1009 (a) WAIVER OF SECTION 1009 ADJUSTMENT.— Any adjustment "*^'^- required by section 1009 of title 37, United States Code, in elements of compensation of members of the uniformed services to become effective during fiscal year 1995 shall not be made. (b) INCREASE IN BASIC PAY, BAS, AND BAQ.—Effective on January 1, 1995, the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters of members of the uniformed services are increased by 2.6 percent. (c) INCREASE IN CADET AND MIDSHIPMAN PAY.— Effective on January 1, 1995, section 203(c)(1) of title 37, United States Code, is amended by striking out "$543.90" and inserting in lieu thereof " $558.04". SEC. 602. COST-OF-LIVING ALLOWANCE FOR MEMBERS OF THE UNI- FORMED SERVICES ASSIGNED TO HIGH COST AREAS IN THE CONTINENTAL UNITED STATES. (a) ALLOWANCE AUTHORIZED.— (1) Chapter 7 of title 37, United States Code, is amended by inserting after section 403a the following new section: "§403b. Cost-of-living allowance in the continental United States "(a) PAYMENT AUTHORIZED. —The Secretary concerned may pay a cost-of-living allowance to the eligible members of a uniformed service under the jurisdiction of the Secretary. "(b) ELIGIBLE MEMBERS. — The following members are eligible to receive a cost-of-living allowance under this section: "(1) A member assigned to a high cost area in the continental United States. "(2) A member assigned to an unaccompanied tour of duty outside the continental United States if the primary dependent of the member resides in a high cost area in the continental United States. "(3) A member assigned to duty in the continental United States if the Secretary of the uniformed service concerned determines that— "(A) the primary dependent of the member must reside in a high cost area in the continental United States by reason of the member's duty location or other circumstances; and "(B) it would be inequitable for the member's eligibility for the allowance to be determined on the basis of the duty location of the member. "(c) HIGH COST AREA DEFINED.— An area is a high cost area for a fiscal year for purposes of this section if the uniformed services cost of living for that area for the base period exceeds the average cost of living in the continental United States for such base period by at least the threshold percentage. The Secretary of Defense, in consultation with the other administering Secretaries, shall