[Congressional Record Volume 157, Number 119 (Monday, August 1, 2011)]
[Extensions of Remarks]
[Page E1472]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




INTRODUCTION OF A BILL TO AMEND TITLE 37, UNITED STATES CODE, TO ENSURE 
  THAT THE BASIC ALLOWANCE FOR HOUSING IN EFFECT FOR A MEMBER OF THE 
   NATIONAL GUARD IS NOT REDUCED WHEN THE MEMBER TRANSITIONS BETWEEN 
ACTIVE DUTY AND FULL TIME NATIONAL GUARD DUTY WITHOUT A BREAK IN ACTIVE 
                                SERVICE

                                 ______
                                 

                       HON. MADELEINE Z. BORDALLO

                                of guam

                    in the house of representatives

                         Monday, August 1, 2011

  Ms. BORDALLO. Mr. Speaker, today I have introduced a bill to amend 
Title 37, United States Code, to ensure that Basic Allowance for 
Housing (BAH) or Overseas Housing Allowance (OHA) in effect for a 
member of the National Guard is not reduced when the member transitions 
between Active Duty and Full Time National Guard duty without a break 
in active service. I thank my good friend and colleague, Congressman 
Dave Loebsack of Iowa for working with me on this measure and for his 
continued commitment to our country's National Guard.
  The bill would close an apparent loophole in the application of BAH 
and OHA pay to certain members of the National Guard. Specifically, 
this legislation ensures that a member of the National Guard, who is 
coming home from a deployment and into a Full Time National Guard duty 
assignment, would not lose BAH or OHA payments to which they are 
entitled. This fix is needed now because of a recent Per Diem Travel 
and Transportation Advisory Committee (PDTTAC) legal interpretation 
that states a member of the National Guard who is on Active Duty on 
Title 10 orders who then moves into a Full Time National Guard duty 
position under Title 32 orders must be paid the BAH or OHA based on 
their home of record and not their permanent duty assignment station. 
This decision could drastically reduce the amount of BAH or OHA that a 
servicemember is entitled to when transitioning assignments.
  The rationale, or legal basis for this interpretation from the 
PDTTAC, is unclear; however, this legislation would rectify the 
situation. Our men and women of the National Guard have deployed in 
great numbers in support of Operation Iraqi Freedom, now Operation New 
Dawn; Operation Enduring Freedom and other contingencies. The National 
Guard, despite these unprecedented deployments abroad, were still able 
to meet mission requirements at home whether responding to tornado 
outbreaks, floods, ice storms, and even Hurricane Katrina. Yet, this 
recent decision by the PDTTAC seeks to treat our men and women in the 
National Guard without any parity. The PDTTAC effectively assumes that 
all National Guard duty is part-time whereas Full Time National Guard 
duty remains in support of the federal mission of the National Guard.
  I ask my colleagues to support this measure and clarify, in statute, 
fair and equitable treatment for members of the National Guard who are 
on Full Time duty status under Title 32. Again, I thank my colleague 
Mr. Loebsack for his support and leadership with this matter.

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