37 U.S. Code § 427 - Family separation allowance
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), substituted “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 sentence of existing provisions as par. (1), designated last two sentences of existing provisions as par. (3) and substituted “Except as provided in paragraph (2)” for “However”, and added par. (2).
2004—Subsec. (a)(1). Pub. L. 108–375, § 623(b)(2)(A), substituted “$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 ending on December 31, 2005, the monthly allowance authorized 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 substituted “$250” for “$100”. See Effective and Termination 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 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, § 603(c)(3)(B)(i), redesignated subsec. (b)(1), (2) as subsec. (a)(1), (2), respectively, 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 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, § 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 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, § 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, § 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, § 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, § 603(c)(3)(B)(v), added subsec. (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 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, § 625(a)(2), redesignated 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 heading.
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 declared by Congress, and in”.
Pub. L. 102–25 struck out “of this section” after “subsection (a)”.
1986—Subsec. (b). Pub. L. 99–661, § 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.
Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.
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:
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.
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.
Pub. L. 107–107, div. A, title VI, § 607(b), Dec. 28, 2001, 115 Stat. 1135, provided that:
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.
Pub. L. 103–337, div. A, title VI, § 625(b), Oct. 5, 1994, 108 Stat. 2785, provided that:
Pub. L. 99–145, title VI, § 607(b), Nov. 8, 1985, 99 Stat. 639, provided that:
Pub. L. 96–342, title VIII, § 809(b), Sept. 8, 1980, 94 Stat. 1097, provided that:
Pub. L. 91–533, § 2, Dec. 7, 1970, 84 Stat. 1392, provided that:
Pub. L. 91–529, § 2, Dec. 7, 1970, 84 Stat. 1389, provided that:
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.
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:
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.
Pub. L. 102–25, title III, § 302, Apr. 6, 1991, 105 Stat. 80, provided that:
Pub. L. 91–534, Dec. 7, 1970, 84 Stat. 1392, provided: