Ill STAT. 1774 PUBLIC LAW 105-85—NOV. 18, 1997 (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. 37 USC 402 note. (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
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