37 U.S.C. § 427 — Family separation allowance

Page 191 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 427 11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under section 301 of Title 3, The President. [§ 426. Repealed. Pub. L. 90–377, § 10, July 5, 1968, 82 Stat. 288] Section, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 480, pro- vided for payment to persons confined in a naval con- finement facility under sentence of a court-martial of not more than $3 a month for necessary expenses, such payments to be made from appropriations for pay of Navy or Marine Corps. § 427. Family separation allowance (a) ENTITLEMENT TO ALLOWANCE.—(1) In addi- tion 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 of not less than $250, and not more than $400, 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 452 of this title and his dependents do not reside at or near that sta- tion; (B) he is on duty on board a ship away from the home port of the ship (or under orders to remain on board the ship while at the home port) 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 al- lowance under this subsection by virtue of duty prescribed in subparagraph (B) or (C) of para- graph (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 pre- scribed in such subparagraphs, if the member ceased being entitled to the previous allow- ance 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 nor- mally 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 UNACCOM- PANIED 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 de- pendents at a permanent station to which the movement of his dependents is authorized at the expense of the United States under section 452 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 cer- tified medical reasons. (3) The Secretary concerned may waive para- graph (1) in situations in which it would be in- equitable to deny the allowance to the member because of unusual family or operational cir- cumstances. (d) ENTITLEMENT WHILE SPOUSE ENTITLED TO BASIC PAY.—(1) A member married to another member of the uniformed services becomes enti- tled, 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 mem- bers were residing together immediately before being separated by reasons of execution of mili- tary orders. (2) If a married couple, both of whom are mem- bers of the uniformed services, with dependents are simultaneously assigned to duties described in subparagraph (A), (B), or (C) of subsection (a)(1) and the members resided together with their dependents immediately before their as- signments, the Secretary concerned shall pay each of the members the full amount of the monthly allowance specified in such subsection until one of the members is no longer assigned to duties described in such subparagraphs. Upon expiration of the additional allowance, para- graph (1) shall continue to apply to the remain- ing member so long as the member is assigned to duties described in subparagraph (A), (B), or (C) of such subsection. (3) Section 421 of this title does not apply to bar the entitlement to an allowance under this section. Except as provided in paragraph (2), not more than one monthly allowance may be paid with respect to a married couple under this sec- tion. (Added Pub. L. 88–132, § 11(1), Oct. 2, 1963, 77 Stat. 217; amended Pub. L. 91–529, § 1, Dec. 7, 1970, 84 Stat. 1389; Pub. L. 91–533, § 1, Dec. 7, 1970, 84 Stat. 1392; Pub. L. 96–342, title VIII, § 809(a), Sept. 8, 1980, 94 Stat. 1097; Pub. L. 99–145, title VI, § 607(a), Nov. 8, 1985, 99 Stat. 639; Pub. L. 99–661, div. A, title VI, § 618(a), Nov. 14, 1986, 100 Stat. 3880; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–190, div. A, title VI, §§ 611(b), 625, Dec. 5, 1991, 105 Stat. 1376, 1379; Pub. L. 103–337, div. A, title VI, § 625(a), Oct. 5, 1994, 108 Stat. 2785; Pub. L. 104–106, div. A, title VI, § 606, Feb. 10, 1996, 110 Stat. 358; Pub. L. 104–201, div. A, title VI, § 607, Sept. 23, 1996, 110 Stat. 2542; Pub. L. 105–85, div. A, title VI, §§ 603(c)(3), 626, Nov. 18, 1997, 111 Stat. 1781, 1795; Pub. L. 107–107, div. A, title VI, § 607(a), Dec. 28, 2001, 115 Stat. 1134; Pub. L. 108–11, title I, § 1316(b), (c)(2), Apr. 16, 2003, 117 Stat. 570; Pub. L. 108–136, div. A, title VI, §§ 606, 618(d)(2), Nov. 24, 2003, 117 Stat. 1500, 1504; Pub. L. 108–375, div. A, title VI, § 623(b), Oct. 28, 2004, 118 Stat. 1955; Pub. L. 110–417, [div. A], title VI, § 604(a), Oct. 14, 2008, 122 Stat. 4483; Pub. L. 112–81, div. A, title VI, § 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 116–283, div. A, title VI, § 615, Jan. 1, 2021, 134 Stat. 3675; ; Pub. L. 117–263, div. A, title VI, § 626(h)(4), Dec. 23, 2022, 136 Stat. Page 192 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 427 2629; Pub. L. 118–31, div. A, title VI, § 626(a), Dec. 22, 2023, 137 Stat. 294.) Editorial Notes AMENDMENTS 2023—Subsec. (a)(1). Pub. L. 118–31 substituted ‘‘of not less than $250, and not more than $400,’’ for ‘‘equal to $250’’ in introductory provisions. 2022—Subsec. (a)(1)(A). Pub. L. 117–263, § 626(h)(4)(A), substituted ‘‘section 452’’ for ‘‘section 476’’. Subsec. (c)(1). Pub. L. 117–263, § 626(h)(4)(B), sub- stituted ‘‘section 452’’ for ‘‘section 476’’. 2021—Subsec. (a)(1)(B). Pub. L. 116–283 inserted ‘‘(or under orders to remain on board the ship while at the home port)’’ after ‘‘of the ship’’. 2013—Subsecs. (a)(1)(A), (c)(1). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below. 2011—Subsecs. (a)(1)(A), (c)(1). Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted ‘‘476’’ for ‘‘406’’. 2008—Subsec. (d). Pub. L. 110–417 designated first sen- tence of existing provisions as par. (1), designated last two sentences of existing provisions as par. (3) and sub- stituted ‘‘Except as provided in paragraph (2)’’ for ‘‘However’’, and added par. (2). 2004—Subsec. (a)(1). Pub. L. 108–375, § 623(b)(2)(A), sub- stituted ‘‘$250’’ for ‘‘$100’’. Subsec. (e). Pub. L. 108–375, § 623(b)(2)(B), struck out heading and text of subsec. (e). Text read as follows: ‘‘For the period beginning on October 1, 2003, and end- ing on December 31, 2005, the monthly allowance au- thorized by subsection (a)(1) shall be increased to $250.’’ Pub. L. 108–375, § 623(b)(1), substituted ‘‘December 31, 2005’’ for ‘‘December 31, 2004’’. 2003—Subsec. (a)(1). Pub. L. 108–11, § 1316(b), (c), as amended by Pub. L. 108–136, § 618(d)(2), temporarily sub- stituted ‘‘$250’’ for ‘‘$100’’. See Effective and Termi- nation Dates of 2003 Amendments note below. Subsec. (e). Pub. L. 108–136, § 606, added subsec. (e). 2001—Subsec. (c). Pub. L. 107–107 designated first sen- tence 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 sub- stituted ‘‘The Secretary concerned may waive para- graph (1)’’ for ‘‘The Secretary concerned may waive the preceding sentence’’. 1997—Subsec. (a). Pub. L. 105–85, § 603(c)(3)(B)(i), redes- ignated subsec. (b)(1), (2) as subsec. (a)(1), (2), respec- tively, and inserted subsec. heading. Pub. L. 105–85, § 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 out- side 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 perma- nent station or a place near that station is not au- thorized at the expense of the United States under section 406 of this title and his dependents do not re- side at or near that station; and ‘‘(2) quarters of the United States or a housing fa- cility under the jurisdiction of a uniformed service are not available for assignment to him.’’ Subsec. (a)(1). Pub. L. 105–85, § 626, substituted ‘‘$100’’ for ‘‘$75’’ in introductory provisions. Pub. L. 105–85, § 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 uni- formed service, the member has no dependent other than the spouse, the two members are separated by rea- son of the execution of military orders, and the two members were residing together immediately before being separated by reason of execution of military or- ders.’’ Subsec. (b). Pub. L. 105–85, § 603(c)(3)(B)(iii), redesig- nated 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, § 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 allow- ance 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, § 603(c)(3)(B)(iv), redesig- nated 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, § 603(c)(3)(B)(v), added sub- sec. (d). 1996—Subsec. (b)(1)(D). Pub. L. 104–201, § 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, § 607(b), added par. (5). 1994—Subsec. (b)(2). Pub. L. 103–337, § 625(a)(3), added par. (2). Former par. (2) redesignated (3). Pub. L. 103–337, § 625(a)(1), struck out at beginning ‘‘A member who becomes entitled to an allowance under this subsection by virtue of duty described in subpara- graph (B) or (C) of paragraph (1) for a continuous period of more than 30 days is entitled to the allowance effec- tive as of the first day of that period.’’ Subsec. (b)(3), (4). Pub. L. 103–337, § 625(a)(2), redesig- nated pars. (2) and (3) as (3) and (4), respectively. 1991—Subsec. (a). Pub. L. 102–190, § 625(b)(1), inserted heading. Subsec. (b). Pub. L. 102–190, § 625(b)(2), inserted head- ing. Subsec. (b)(1). Pub. L. 102–190, § 625(a), substituted ‘‘$75’’ for ‘‘$60’’. Pub. L. 102–190, § 611(b), substituted ‘‘In’’ for ‘‘Except in time of war or of national emergency hereafter de- clared by Congress, and in’’. Pub. L. 102–25 struck out ‘‘of this section’’ after ‘‘sub- section (a)’’. 1986—Subsec. (b). Pub. L. 99–661, § 618(a), designated existing provisions as pars. (1) and (2), in par. (1) redes- ignated former pars. (1) to (3) as subpars. (A) to (C), re- spectively, 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 pay- ment 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 manage- ment or control, which he is likely to share with them as a common household when his duty assignment per- mits. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by Page 193 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 431 section 1076(a)(9) is effective Dec. 31, 2011, and as if in- cluded in Pub. L. 112–81 as enacted. EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–417, [div. A], title VI, § 604(b), Oct. 14, 2008, 122 Stat. 4483, as amended by Pub. L. 111–383, div. A, title X, § 1075(e)(9), Jan. 7, 2011, 124 Stat. 4375, provided that: ‘‘Paragraph (2) of subsection (d) of section 427 of title 37, United States Code, as added by subsection (a), shall apply with respect to members of the uniformed services described in such paragraph who perform serv- ice covered by subparagraph (A), (B), or (C) of sub- section (a)(1) of such section on or after October 1, 2008.’’ EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–375, div. A, title VI, § 623(b)(2), Oct. 28, 2004, 118 Stat. 1955, provided that the amendments made by section 623(b)(2) are effective Jan. 1, 2006. EFFECTIVE AND TERMINATION DATES OF 2003 AMENDMENTS Pub. L. 108–136, div. A, title VI, § 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, set out as notes under section 310 of this title. EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–107, div. A, title VI, § 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 sub- section (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 re- gardless 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 ef- fective Jan. 1, 1998, see section 603(e) of Pub. L. 105–85, set out as a note under section 5561 of Title 5, Govern- ment Organization and Employees. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–337, div. A, title VI, § 625(b), Oct. 5, 1994, 108 Stat. 2785, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take ef- fect as of June 20, 1994.’’ EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–145, title VI, § 607(b), Nov. 8, 1985, 99 Stat. 639, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect on October 1, 1985, and shall apply only to family separa- tion allowances payable for months beginning on or after that date.’’ EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–342, title VIII, § 809(b), Sept. 8, 1980, 94 Stat. 1097, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect with respect to months after September 1980.’’ EFFECTIVE DATE OF 1970 AMENDMENTS Pub. L. 91–533, § 2, Dec. 7, 1970, 84 Stat. 1392, 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].’’ Pub. L. 91–529, § 2, Dec. 7, 1970, 84 Stat. 1389, 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 Pub. L. 99–661, div. A, title VI, § 618(b), Nov. 14, 1986, 100 Stat. 3881, as amended by Pub. L. 112–81, div. A, title VI, § 631(f)(4)(B), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948, provided that: ‘‘Notwithstanding the amendments made by subsection (a) [amending this section], a mem- ber who on September 30, 1986, was assigned to a perma- nent station to which the movement of his dependents was authorized at the expense of the United States under section 476 of title 37, United States Code, and who elected to serve a tour of duty at that station un- accompanied by his dependents, shall, until he departs that station as a result of a change of permanent sta- tion, 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 Pub. L. 102–25, title III, § 302, Apr. 6, 1991, 105 Stat. 80, provided that: ‘‘(a) INCREASED RATE.—In lieu of the family separa- tion 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 begin- ning 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 Sec- retary 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 allow- ance 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 des- ignated 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].’’ [§ 428. Renumbered § 488] [§ 429. Renumbered § 489] [§ 430. Renumbered § 490] § 431. Benefits for certain members assigned to the Defense Intelligence Agency (a) The Secretary of Defense may provide to members of the armed forces described in sub- section (e) allowances and benefits comparable to those provided by the Secretary of State to officers and employees of the Foreign Service under paragraphs (2), (3), (4), (6), (7), (8), and (13)