Pub. L. 94-361, tit. III, sec. 303

Sec. 303. (a) Clause (3) of section 1009(b) of title 37, United States Code, is amended by inserting “subject to subsection (c),” after “(3)”. (b) Section 1009 of such title is further amended by adding at the thereof the following new subsections: “(c) Whenever the President determines such action to be in the best interest of the Government, he is authorized to allocate the overall average percentage of any increase described in subsection (b) (3) among the elements of compensation specified in subsection (a) on a percentage, basis other than an equal percentage basis; however, the amount allocated to the element, of monthly basic pay may not be less than 75 per centum of the amount that would have been allocated to I he element of basic pay under subsection (b)(3). “(d) Under regulations prescribed by the President, whenever the President exercises his authority under subsection (c) to allocate the elements of compensation specified in subsection (a) on a percentage basis other than an equal percentage basis, he may pay to each member without dependents who, under section 403 (b) or (c), is not entitled to receive a basic allowance for quarters, an amount equal to the difference between (1) the amount of such increase under subsection (c) in the amount of the basic allowance for quarters which, but for section 403 (b) or (c), such member would be entitled to receive, and (2) the amount by which such basic allowance for quarters would have been increased under subsection (b) (3) if the President had not exercised such authority, “(e) Whenever the President plans to exercise his authority under subsection (c) with respect to any anticipated increase in the compensation of members of the uniformed services, he shall advise the Congress, at the earliest practicable time prior to the effective date of such increase, regarding the proposed allocation of such increase among the different elements of compensation. “(f) The allocations of increases made under this section among the three elements of compensation shall be, assessed in conjunction with the quadrennial review of military compensation required by section 1008(b), and a full report shall be made to the Congress summarizing the objectives and results of those allocations.”.