118 STAT. 1943 PUBLIC LAW 108–375—OCT. 28, 2004 Subtitle A—Pay and Allowances SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2005. (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment to become effective during fiscal year 2005 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made. (b) INCREASE IN BASIC PAY.—Effective on January 1, 2005, the rates of monthly basic pay for members of the uniformed serv ices are increased by 3.5 percent. SEC. 602. RELATIONSHIP BETWEEN ELIGIBILITY TO RECEIVE SUPPLE MENTAL SUBSISTENCE ALLOWANCE AND ELIGIBILITY TO RECEIVE IMMINENT DANGER PAY, FAMILY SEPARATION ALLOWANCE, AND CERTAIN FEDERAL ASSISTANCE. (a) ENTITLEMENT NOT AFFECTED BY RECEIPT OF IMMINENT DANGER PAY AND FAMILY SEPARATION ALLOWANCE.—Subsection (b) of section 402a of title 37, United States Code, is amended— (1) in paragraph (2), by striking ‘‘the Secretary—’’ and all that follows through ‘‘shall take into consideration’’ and inserting ‘‘the Secretary concerned shall take into consider ation’’; and (2) by adding at the end the following new paragraph: ‘‘(3) In determining whether a member meets the eligibility criteria under paragraph (1), the Secretary concerned shall not take into consideration— ‘‘(A) the amount of the supplemental subsistence allowance that is payable under this section; ‘‘(B) the amount of any special pay that is payable to the member under section 310 of this section, relating to duty subject to hostile fire or imminent danger; or ‘‘(C) the amount of any family separation allowance that is payable to the member under section 427 of this title.’’. (b) RELATION TO OTHER FEDERAL ASSISTANCE.—Such section is further amended— (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and (2) by inserting after subsection (f) the following new sub section (g): ‘‘(g) ELIGIBILITY FOR OTHER FEDERAL ASSISTANCE.—(1) A child or spouse of a member of the armed forces receiving the supple mental subsistence allowance under this section who, except on account of the receipt of such allowance, would be eligible to receive a benefit described in paragraph (2) shall be considered to be eligible for that benefit notwithstanding the receipt of such allow ance. ‘‘(2) The benefits referred to in paragraph (1) are as follows: ‘‘(A) Assistance provided under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). ‘‘(B) Assistance provided under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). ‘‘(C) A service provided under the Head Start Act (42 U.S.C. 9831 et seq.). ‘‘(D) Assistance under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.). 37 USC 1009 note.
�
