II 110th CONGRESS 2d Session S. 3057 IN THE SENATE OF THE UNITED STATES May 22, 2008 Mr. Smith (for himself and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 37, United States Code, to provide a special displacement allowance for members of the uniformed services without dependents, to provide for an annual percentage increase in the amount of the family separation allowance for members of the uniformed services, and for other purposes.

1.

Short title

This Act may be cited as the Military Family Separation Benefits Enhancement Act of 2008.

2.

Enhancements of separation allowance for members of the uniformed services

(a)

Special displacement allowance for members without dependents

(1)

In general

Chapter 7 of title 37, United States Code, is amended by inserting after section 427 the following new section:

427a.

Special displacement allowance

(a)

Entitlement to allowance

In addition to any allowance or per diem to which such a member may be entitled under this title, a member of the uniformed services without dependents is entitled to a monthly allowance under this section if— (1)the member 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 (2)the member is on temporary duty away from the member's permanent station for a continuous period of more than 30 days. (b)

Effective date of allowance

The commencement of entitlement of a member to an allowance under this section shall be determined in accordance with the provisions of section 427(a)(2) of this title. (c)

Amount

The amount of the monthly allowance to which a member is entitled under this section is the amount equal to one half the amount of the monthly allowance to which members are entitled under section 427(a) of this title for the month concerned.

. (2)

Clerical amendment

The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 427 the following new item: 427a. Special displacement allowance. . (b)

Annual increase in monthly amount of family separation allowance

Section 427 of such title is amended— (1)in subsection (a)(1), by striking $250 in the matter preceding subparagraph (A) and inserting $250 (as increased from time to time under subsection (e)); and (2)by adding at the end the following new subsection: (e)

Annual increase in amount

With respect to any fiscal year, the Secretary of Defense shall provide a percentage increase in the monthly amount of the allowance payable under subsection (a) equal to the percentage of such amount by which— (1)the Consumer Price Index (all items, United States City average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds (2)such Consumer Price Index for the 12-month period preceding the 12-month period described in paragraph (1). . (c)

Effective date

The amendments made by this section shall take effect on September 30, 2008, and shall apply with respect to months, and, in the case of the increase required by subsection (e) of section 427 of title 37, United States Code (as added by subsection (b)(2) of this section), fiscal years, beginning after that date.