§ 427. — Family separation allowance.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC427]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7--ALLOWANCES
Sec. 427. Family separation allowance
(a) Entitlement to Allowance.--(1) In addition to any allowance or
per diem to which he otherwise may be entitled under this title a member
of a uniformed service with dependents is entitled to a monthly
allowance equal to $100 if--
(A) the movement of his dependents to his permanent station or a
place near that station is not authorized at the expense of the
United States under section 406 of this title and his dependents do
not reside at or near that station;
(B) he is on duty on board a ship away from the home port of the
ship for a continuous period of more than 30 days; or
(C) he is on temporary duty away from his permanent station for
a continuous period of more than 30 days and his dependents do not
reside at or near his temporary duty station.
(2) A member who becomes entitled to an allowance under this
subsection by virtue of duty prescribed in subparagraph (B) or (C) of
paragraph (1) for a continuous period of more than 30 days is entitled
to the allowance effective as of the earlier of--
(A) the first day of that period; or
(B) the first day the member ceased being entitled to a previous
allowance under this subsection by reason of the end of duty
prescribed in such subparagraphs, if the member ceased being
entitled to the previous allowance within 30 days before the first
day of that period.
(b) Entitlement When No Residence or Household Maintained for
Dependents.--An allowance is payable under subsection (a) even though
the member does not maintain for his primary dependents who would
otherwise normally reside with him, a residence or household, subject to
his management and control, which he is likely to share with them as a
common household when his duty assignment permits.
(c) Effect of Election to Serve Unaccompanied Tour of Duty.--(1)
Except as provided in paragraph (2) or (3), a member who elects to serve
a tour of duty unaccompanied by his dependents at a permanent station to
which the movement of his dependents is authorized at the expense of the
United States under section 406 of this title is not entitled to an
allowance under subsection (a)(1)(A).
(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.
(3) The Secretary concerned may waive paragraph (1) in situations in
which it would be inequitable to deny the allowance to the member
because of unusual family or operational circumstances.
(d) Entitlement While Spouse Entitled to Basic Pay.--A member
married to another member of the uniformed services becomes entitled,
regardless of any other dependency status, to an allowance under
subsection (a) by virtue of duty prescribed in subparagraph (A), (B), or
(C) of paragraph (1) of such subsection if the members were residing
together immediately before being separated by reasons of execution of
military orders. Section 421 of this title does not apply to bar the
entitlement to an allowance under this section. However, not more than
one monthly allowance may be paid with respect to a married couple under
this section.
(e) Temporary Increase in Authorized Amount of Allowance.--For the
period beginning on October 1, 2003, and ending on December 31, 2004,
the monthly allowance authorized by subsection (a)(1) shall be increased
to $250.
(Added Pub. L. 88-132, Sec. 11(1), Oct. 2, 1963, 77 Stat. 217; amended
Pub. L. 91-529, Sec. 1, Dec. 3, 1970, 84 Stat. 1389; Pub. L. 91-533,
Sec. 1, Dec. 7, 1970, 84 Stat. 1392; Pub. L. 96-342, title VIII,
Sec. 809(a), Sept. 8, 1980, 94 Stat. 1097; Pub. L. 99-145, title VI,
Sec. 607(a), Nov. 8, 1985, 99 Stat. 639; Pub. L. 99-661, div. A, title
VI, Sec. 618(a), Nov. 14, 1986, 100 Stat. 3880; Pub. L. 102-25, title
VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102-190,
div. A, title VI, Secs. 611(b), 625, Dec. 5, 1991, 105 Stat. 1376, 1379;
Pub. L. 103-337, div. A, title VI, Sec. 625(a), Oct. 5, 1994, 108 Stat.
2785; Pub. L. 104-106, div. A, title VI, Sec. 606, Feb. 10, 1996, 110
Stat. 358; Pub. L. 104-201, div. A, title VI, Sec. 607, Sept. 23, 1996,
110 Stat. 2542; Pub. L. 105-85, div. A, title VI, Secs. 603(c)(3), 626,
Nov. 18, 1997, 111 Stat. 1781, 1795; Pub. L. 107-107, div. A, title VI,
Sec. 607(a), Dec. 28, 2001, 115 Stat. 1134; Pub. L. 108-11, title I,
Sec. 1316(b), (c)(2), Apr. 16, 2003, 117 Stat. 570; Pub. L. 108-136,
div. A, title VI, Secs. 606, 618(d)(2), Nov. 24, 2003, 117 Stat. 1500,
1504.)
Amendments
2003--Subsec. (a)(1). Pub. L. 108-11, Sec. 1316(b), (c), as amended
by Pub. L. 108-136, Sec. 618(d)(2), temporarily substituted ``$250'' for
``$100''. See Effective and Termination Dates of 2003 Amendments note
below.
Subsec. (e). Pub. L. 108-136, Sec. 606, added subsec. (e).
2001--Subsec. (c). Pub. L. 107-107 designated first sentence of
existing provisions as par. (1) and substituted ``Except as provided in
paragraph (2) or (3), a member'' for ``A member'', added par. (2), and
designated second sentence of existing provisions as par. (3) and
substituted ``The Secretary concerned may waive paragraph (1)'' for
``The Secretary concerned may waive the preceding sentence''.
1997--Subsec. (a). Pub. L. 105-85, Sec. 603(c)(3)(B)(i),
redesignated subsec. (b)(1), (2) as subsec. (a)(1), (2), respectively,
and inserted subsec. heading.
Pub. L. 105-85, Sec. 603(c)(3)(A), struck out heading and text of
subsec. (a). Text read as follows: ``In addition to any allowance or per
diem to which he otherwise may be entitled under this title, a member of
a uniformed service with dependents who is on permanent duty outside of
the United States, or in Alaska, is entitled to a monthly allowance
equal to the basic allowance for quarters payable to a member without
dependents in the same pay grade if--
``(1) the movement of his dependents to his permanent station or
a place near that station is not authorized at the expense of the
United States under section 406 of this title and his dependents do
not reside at or near that station; and
``(2) quarters of the United States or a housing facility under
the jurisdiction of a uniformed service are not available for
assignment to him.''
Subsec. (a)(1). Pub. L. 105-85, Sec. 626, substituted ``$100'' for
``$75'' in introductory provisions.
Pub. L. 105-85, Sec. 603(c)(3)(B)(ii), struck out ``, including
subsection (a),'' after ``under this title'' in introductory provisions,
inserted ``or'' at end of subpar. (B), substituted ``station.'' for
``station; or'' at end of subpar. (C), and struck out subpar. (D) which
read as follows: ``the member is married to a member of a uniformed
service, the member has no dependent other than the spouse, the two
members are separated by reason of the execution of military orders, and
the two members were residing together immediately before being
separated by reason of execution of military orders.''
Subsec. (b). Pub. L. 105-85, Sec. 603(c)(3)(B)(iii), redesignated
subsec. (b)(3) as subsec. (b), inserted heading, and substituted
``subsection (a)'' for ``this subsection''. Former subsec. (b)(1), (2),
and (4) redesignated subsecs. (a)(1), (2), and (c), respectively.
Subsec. (b)(5). Pub. L. 105-85, Sec. 603(c)(3)(B)(v), struck out
par. (5) which read as follows: ``Section 421 of this title does not
apply to bar an entitlement to an allowance under paragraph (1)(D).
However, not more than one monthly allowance may be paid with respect to
a married couple under paragraph (1)(D) for any month.''
Subsec. (c). Pub. L. 105-85, Sec. 603(c)(3)(B)(iv), redesignated
subsec. (b)(4) as subsec. (c), inserted heading, and substituted
``subsection (a)(1)(A)'' for ``paragraph (1)(A) of this subsection''.
Subsec. (d). Pub. L. 105-85, Sec. 603(c)(3)(B)(v), added subsec.
(d).
1996--Subsec. (b)(1)(D). Pub. L. 104-201, Sec. 607(a), added subpar.
(D).
Subsec. (b)(4). Pub. L. 104-106 inserted ``paragraph (1)(A) of''
after ``not entitled to an allowance under''.
Subsec. (b)(5). Pub. L. 104-201, Sec. 607(b), added par. (5).
1994--Subsec. (b)(2). Pub. L. 103-337, Sec. 625(a)(3), added par.
(2). Former par. (2) redesignated (3).
Pub. L. 103-337, Sec. 625(a)(1), struck out at beginning ``A member
who becomes entitled to an allowance under this subsection by virtue of
duty described in subparagraph (B) or (C) of paragraph (1) for a
continuous period of more than 30 days is entitled to the allowance
effective as of the first day of that period.''
Subsec. (b)(3), (4). Pub. L. 103-337, Sec. 625(a)(2), redesignated
pars. (2) and (3) as (3) and (4), respectively.
1991--Subsec. (a). Pub. L. 102-190, Sec. 625(b)(1), inserted
heading.
Subsec. (b). Pub. L. 102-190, Sec. 625(b)(2), inserted heading.
Subsec. (b)(1). Pub. L. 102-190, Sec. 625(a), substituted ``$75''
for ``$60''.
Pub. L. 102-190, Sec. 611(b), substituted ``In'' for ``Except in
time of war or of national emergency hereafter declared by Congress, and
in''.
Pub. L. 102-25 struck out ``of this section'' after ``subsection
(a)''.
1986--Subsec. (b). Pub. L. 99-661, Sec. 618(a), designated existing
provisions as pars. (1) and (2), in par. (1) redesignated former pars.
(1) to (3) as subpars. (A) to (C), respectively, and in par. (2)
substituted ``subparagraph (B) or (C) of paragraph (1)'' for ``clause
(2) or (3)'', and added par. (3).
1985--Subsec. (b). Pub. L. 99-145 substituted ``$60'' for ``$30''.
1980--Subsec. (b). Pub. L. 96-342 struck out ``(other than a member
in pay grade E-1, E-2, E-3, or E-4 (4 years' or less service))'' after
``a member of a uniformed service with dependents''.
1970--Subsec. (b). Pub. L. 91-533 struck out ``who is entitled to a
basic allowance for quarters'' after ``(4 years' or less service)''.
Pub. L. 91-529 inserted provisions authorizing payment of an
allowance under this subsection even though the member does not maintain
for his primary dependents who would otherwise normally reside with him,
a residence or household, subject to his management or control, which he
is likely to share with them as a common household when his duty
assignment permits.
Effective and Termination Dates of 2003 Amendments
Pub. L. 108-136, div. A, title VI, Sec. 618(d)(2), Nov. 24, 2003,
117 Stat. 1504, provided that the amendment made by section 618(d)(2) is
effective Apr. 16, 2003.
Amendment by Pub. L. 108-11 effective Oct. 1, 2002, and applicable
with respect to months beginning on or after that date, and expires
Sept. 30, 2003, and, effective Sept. 30, 2003, the dollar amount
specified in subsec. (a)(1) of this section as in effect on the day
before Apr. 16, 2003, is revived, see section 1316(c), (d) of Pub. L.
108-11, as amended, set out as notes under section 310 of this title.
Effective Date of 2001 Amendment
Pub. L. 107-107, div. A, title VI, Sec. 607(b), Dec. 28, 2001, 115
Stat. 1135, provided that: ``Paragraph (2) of section 427(c) of title
37, United States Code, as added by subsection (a)(3), shall apply with
respect to pay periods beginning on or after January 1, 2002, for a
member of the uniformed services covered by such paragraph regardless of
the date on which the member first made the election to serve an
unaccompanied tour of duty.''
Effective Date of 1997 Amendment
Amendment by section 603(c)(3) of Pub. L. 105-85 effective Jan. 1,
1998, see section 603(e) of Pub. L. 105-85, set out as a note under
section 5561 of Title 5, Government Organization and Employees.
Effective Date of 1994 Amendment
Section 625(b) of Pub. L. 103-337 provided that: ``The amendments
made by subsection (a) [amending this section] shall take effect as of
June 20, 1994.''
Effective Date of 1985 Amendment
Section 607(b) of Pub. L. 99-145 provided that: ``The amendment made
by subsection (a) [amending this section] shall take effect on October
1, 1985, and shall apply only to family separation allowances payable
for months beginning on or after that date.''
Effective Date of 1980 Amendment
Section 809(b) of Pub. L. 96-342 provided that: ``The amendment made
by subsection (a) [amending this section] shall take effect with respect
to months after September 1980.''
Effective Date of 1970 Amendments
Section 2 of Pub. L. 91-533 provided that: ``The amendment made by
this Act [amending this section] shall take effect on the first day of
the first calendar month which occurs after the date of the enactment of
this Act [Dec. 7, 1970].''
Section 2 of Pub. L. 91-529 provided that: ``Section 1 of this Act
[amending this section] is effective October 1, 1963.''
Effective Date
Section effective Oct. 1, 1963, see section 14 of Pub. L. 88-132,
set out as an Effective Date of 1963 Amendment note under section 201 of
this title.
Savings Provision
Section 618(b) of Pub. L. 99-661 provided that: ``Notwithstanding
the amendments made by subsection (a) [amending this section], a member
who on September 30, 1986, was assigned to a permanent station to which
the movement of his dependents was authorized at the expense of the
United States under section 406 of title 37, United States Code, and who
elected to serve a tour of duty at that station unaccompanied by his
dependents, shall, until he departs that station as a result of a change
of permanent station, be entitled to receive the allowance authorized by
section 427(b) of such title without regard to paragraph (3) [now (4)]
of such section, as added by subsection (a).''
Rates of Pay for Fiscal Year 2004
Rates of pay authorized under subsec. (a)(1) of this section from
Oct. 1, 2003, through Sept. 30, 2004, to be $250, see section 1104 of
Pub. L. 108-106, set out as a note under section 310 of this title.
Temporary Increase in Family Separation Allowance; Persian Gulf Conflict
Section 302 of Pub. L. 102-25 provided that:
``(a) Increased Rate.--In lieu of the family separation allowance
specified in section 427(b)(1) of title 37, United States Code, the
family separation allowance payable under that section shall be $75 for
each month during the period described in subsection (b).
``(b) Period of Applicability.--Subsection (a) shall apply during
the period beginning on January 15, 1991, and ending on the first day of
the first month beginning on or after the date 180 days after the end of
the Persian Gulf conflict.''
Family Separation Allowance for Members in Missing Status During the
Vietnam Conflict
Pub. L. 91-534, Dec. 7, 1970, 84 Stat. 1392, provided: ``That, under
regulations to be prescribed by the Secretary of Defense, a member of a
uniformed service with dependents who is in a missing status (as defined
in section 551(2) of title 37 United States Code) during the Vietnam
conflict and is not entitled to an allowance under section 427(b) of
title 37 may be paid a monthly allowance equal to $30. For the purposes
of this Act, the Vietnam conflict ends on the date designated by the
President by Executive order as the date of the termination of combat
activities in Vietnam.
``Sec. 2. This Act takes effect on the first day of the first month
which begins after the date of enactment of this Act [Dec. 7, 1970].''
