115 STAT. 1134 PUBLIC LAW 107-107—DEC. 28, 2001 services under those circumstances before the date of the enactment of this Act. Termination (2) Paragraph (1) shall cease to be effective on the first day date. of the first month for which the basic allowance for subsistence calculated for enlisted members of the uniformed services under section 402 of title 37, United States Code, exceeds the rate of the basic allowance for subsistence prescribed under paragraph (1). 37 USC 402 note. (c) CONTINUATION OF BAS TRANSITIONAL AUTHORITY.—Notwithstanding the repeal of subsections (c) through (f) of section 602 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 37 U.S.C. 402 note) by section 603(c) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-145), the basic allowance for subsistence shall be paid in accordance with such subsections for October, November, and December of 2001. (d) ELIGIBILITY FOR SUPPLEMENTAL SUBSISTENCE ALLOWANCE. — Section 402a(b)(l) of title 37, United States Code, is amended by inserting "with dependents" after "a member of the armed forces". SEC. 605. ELIGIBILITY FOR TEMPORARY HOUSING ALLOWANCE WHILE IN TRAVEL OR LEAVE STATUS BETWEEN PERMA- NENT DUTY STATIONS. (a) REPEAL OF PAY GRADE LIMITATION. —Section 403(i) of title 37, United States Code, is amended by striking "who is in a pay grade E-4 (4 or more years of service) or above". 37 USC 403 note. (b) EFFECTIVE DATE; APPLICATION. —The amendment made by this section shall take effect on January 1, 2003, and apply to members of the uniformed services in a travel or leave status between permanent duty stations on or after that date. SEC. 606. UNIFORM ALLOWANCE FOR OFFICERS. (a) RELATION TO INITIAL UNIFORM ALLOWANCE.— Section 416(b)(1) of title 37, United States Code, is amended by striking "$200" and inserting "$400". 37 USC 416 note. (b) EFFECTIVE DATE.— The amendment made by this section shall take effect as of October 1, 2000. SEC. 607. FAMILY SEPARATION ALLOWANCE FOR MEMBERS ELECTING UNACCOMPANIED TOUR BY REASON OF HEALTH LIMITATIONS OF DEPENDENTS. (a) ENTITLEMENT TO ALLOWANCE.— Section 427(c) of title 37, United States Code, is amended— (1) by striking "A member" in the first sentence and inserting "(1) Except as provided in paragraph (2) or (3), a member"; (2) in the second sentence, by striking "The Secretary concerned may waive the preceding sentence" and inserting the following: "(3) The Secretary concerned may waive paragraph (1)"; and (3) by inserting after the first sentence the following new paragraph: "(2) The prohibition in the first sentence of paragraph (1) does not apply to a member who elects to serve an unaccompanied tour of duty because a dependent cannot accompany the member to or at that permanent station for certified medical reasons.".
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