Page:United States Statutes at Large Volume 108 Part 4.djvu/147

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PUBLIC LAW 103-337 —OCT. 5, 1994 108 STAT. 2781 "(B) in the case of an unmarried member, a dependent described in paragraph (2) or (4) of section 401(a) of this title. "(2) The term 'cost of hving' means a price index selected by the Secretary of Defense, in consultation with the other administering Secretaries, from among the following indices: "(A) The Consumer Price Index (all items-United States city average) published monthly by the Bureau of Labor Statistics. "(B) Any other index developed in the private sector that the Secretary of Defense, in consultation with the other administering Secretaries, determines is comparable to the Consumer Price Index and is appropriate for use for purposes of this section. "(3) The term 'uniformed services cost of living' means the price index selected as described in paragraph (2) and adjusted as the Secretary of Defense, in consultation with the other administering Secretaries, considers appropriate to reflect variations between expenses of members of the uniformed services (as offset by the basic allowance for subsistence) and the corresponding expenses of persons not members of the uniformed services with regard to the following: "(A) Nonhousing costs (including costs of transportation, goods, and services, taking into consideration savings attributable to use of such military facilities as commissary stores and exchange stores). "(B) Average income tax paid. "(C) Cost of health care. "(4) The term 'base period', with respect to a fiscal year, means the 12-month period ending on June 30 of the year in which such fiscal year begins. "(5) The term 'administering Secretaries' means the following: "(A) The Secretary of Defense, with respect to the armed forces (other than the Coast Guard when it is not operating as a service in the Navy). "(B) The Secretary of Transportation, with respect to the Coast Guard when it is not operating as a service in the Navy. "(C) The Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration. "(D) The Secretary of Health and Human Services, with respect to the Public Health Service. "(6) The term 'continental United States' means the 48 contiguous States and the District of Columbia.". (2) "Hie table of sections at the beginning of such chapter is amended by inserting after the item relating to section 403a the following new item: "403b. Cost-of-living allowance in the continental United States.". (b) CONDITIONS ON PROVISION OF ALLOWANCE.—(1) A cost-of- 37 USC 403b living allowance under section 403b of title 37, United States Code, "°^^ as added by subsection (a), may not be provided until after the end of the 90-day period beginning on the date the Secretary of Defense submits the report required under paragraph (2). (2) Before implementing section 403b of title 37, United States Reports. Code, the Secretary of Defense, in consultation with the other