1995 U.S. Code
Title 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7 - ALLOWANCES
Sec. 407 - Travel and transportation allowances: dislocation allowance
§407. Travel and transportation allowances: dislocation allowance
(a) Except as provided in subsections (b), (c), and (d) and under regulations prescribed by the Secretary concerned, a member of a uniformed service is entitled to a dislocation allowance equal to the basic allowance for quarters for two months as provided for the member's pay grade and dependency status in section 403 of this title if—
(1) the member's dependents actually make an authorized move in connection with the member's change of permanent station, including—
(A) a move to join the member at the member's duty station after an unaccompanied tour of duty when the member's next tour of duty is an accompanied tour at the same station; and
(B) a move to a location designated by the member after an accompanied tour of duty when the member's next tour of duty is an unaccompanied tour at the same duty station;
(2) the member's dependents actually move pursuant to section 405a(a), 406(e), 406(h), or 554 of this title;
(3) the member's dependents actually move from their place of residence under circumstances described in section 406a of this title; or
(4) the member is without dependents and—
(A) actually moves to a new permanent station where not assigned to quarters of the United States; or
(B) actually moves from a place of residence under circumstances described in section 406a of this title.
If a dislocation allowance is paid under clause (3) or (4)(B), the member is not entitled to a dislocation allowance under clause (1).
(b) Under regulations prescribed by the Secretary concerned, whenever a member is entitled to a dislocation allowance under subsection (a)(3) or (a)(4)(B), the member is also entitled to a second dislocation allowance equal to the basic allowance for quarters for two months as provided for a member's pay grade and dependency status in section 403 of this title if, subsequent to the member or member's dependents actually moving from their place of residence under circumstances described in section 406a of this title, the member or member's dependents complete that move to a new location and then actually move from that new location to another location also under circumstances described in section 406a of this title. If a second dislocation allowance is paid under this subsection, the member is not entitled to a dislocation allowance under subsection (a)(1) in connection with those moves.
(c) A member is not entitled to more than one dislocation allowance during a fiscal year unless—
(1) the Secretary concerned finds that the exigencies of the service require the member to make more than one change of permanent station during the fiscal year;
(2) the member is ordered to a service school as a change of permanent station;
(3) the member's dependents are covered by section 405a(a), 406(e), 406(h), or 554 of this title; or
(4) the member or the member's dependents are covered by subsection (a)(3), (a)(4)(B), or (b).
This subsection does not apply in time of national emergency declared after April 1, 1975, or in time of war.
(d) A member is not entitled to payment of a dislocation allowance when ordered from his home to the first duty station or from the last duty station to his home.
(e) For purposes of this section, a member whose dependents may not make an authorized move in connection with a change of permanent station is considered a member without dependents.
(f) An allowance payable under this section may be paid in advance.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 474; Pub. L. 89–26, §1(3), (4), May 22, 1965, 79 Stat. 117; Pub. L. 89–718, §60, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 90–207, §1(4), Dec. 16, 1967, 81 Stat. 651; Pub. L. 97–60, title I, §124, Oct. 14, 1981, 95 Stat. 1003; Pub. L. 99–145, title VI, §611(a), Nov. 8, 1985, 99 Stat. 639; Pub. L. 99–661, div. A, title VI, §619(a), Nov. 14, 1986, 100 Stat. 3881; Pub. L. 100–180, div. A, title VI, §613, Dec. 4, 1987, 101 Stat. 1093; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 407(a) 407(b) 407(c) | 37:253(c) (4th sentence). 37:253(c) (5th, 6th, and 7th, sentences). 37:253(c) (8th sentence). | Oct. 12, 1949, ch. 681, §303(c) (4th through 8th sentences); added Mar. 31, 1955, ch. 20, §2(12), 69 Stat. 21. |
In subsection (a), the words “Except as provided in subsections (b) and (c) of this section” and “for one month” are inserted for clarity. The words “make an authorized move” are substituted for the words “are authorized to move and actually move”.
In subsection (b), the words “is not entitled to . . . more than one” are substituted for the words “shall be entitled . . . for not more than one”. The words “the payment of” and “for not more than one permanent change of station” are omitted as surplusage. Clauses (1) and (2) are substituted for the last 29 words of the 5th and 6th sentences of section 253(c) of existing title 37.
Amendments1991—Pub. L. 102–25 struck out “of this section” wherever appearing in subsecs. (a) to (c).
1987—Subsec. (f). Pub. L. 100–180 added subsec. (f).
1986—Pub. L. 99–661 amended section generally. Prior to amendment, section read as follows:
“(a) Except as provided by subsections (b) and (c) of this section, under regulations prescribed by the Secretary concerned, a member of a uniformed service—
“(1) whose dependents make an authorized move in connection with his change of permanent station;
“(2) whose dependents are covered by section 405a(a) of this title; or
“(3) without dependents, who is transferred to a permanent station where he is not assigned to quarters of the United States;
is entitled to a dislocation allowance equal to his basic allowance for quarters for two months as provided for a member of his pay grade and dependency status in section 403 of this title. For the purposes of this subsection, a member whose dependents may not make an authorized move in connection with a change of permanent station is considered a member without dependents. An allowance payable under this section may be paid in advance.
“(b) A member is not entitled to more than one dislocation allowance during a fiscal year unless—
“(1) the Secretary concerned finds that the exigencies of the service require the member to make more than one such change of station during that fiscal year;
“(2) the member is ordered to a service school as a change of permanent station; or
“(3) the member's dependents are covered by section 405a(a) of this title.
This subsection does not apply in time of national emergency declared after April 1, 1955, or in time of war.
“(c) A member is not entitled to payment of a dislocation allowance when ordered from his home to his first duty station or from his last duty station to his home.”
1985—Subsec. (a). Pub. L. 99–145 substituted “two months” for “one month” in first sentence.
1981—Subsec. (a). Pub. L. 97–60 inserted sentence in provision following cl. (3) authorizing the payment in advance of an allowance payable under this section.
1967—Subsec. (a). Pub. L. 90–207 authorized a dislocation allowance for a member of a uniformed service without dependents who is transferred to a permanent station where he is not assigned to quarters of the United States and for dislocation allowance purposes deemed a member whose dependents may not make an authorized move in connection with a change of permanent station to be a member without dependents.
1966—Subsecs. (a), (b)(2). Pub. L. 89–718 substituted “change of permanent station” for “permanent change of station”.
1965—Subsec. (a). Pub. L. 89–26, §1(3), authorized a dislocation allowance for a member of the uniformed service whose dependents are covered by section 405a(a) of this title.
Subsec. (b)(3). Pub. L. 89–26, §1(4), added cl. (3).
Effective Date of 1986 AmendmentSection 619(b) of Pub. L. 99–661 provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 14, 1986] and shall apply only to moves which commence on or after that date.”
Effective Date of 1985 AmendmentSection 611(b) of Pub. L. 99–145 provided that: “The amendment made by this section [amending this section] shall apply to moves begun after September 30, 1985.”
Effective Date of 1967 AmendmentAmendment by Pub. L. 90–207 effective Oct. 1, 1967, see section 7 of Pub. L. 90–207, set out as a note under section 203 of this title.
Effective Date of 1965 AmendmentAmendment by Pub. L. 89–26 effective Feb. 1, 1965, see section 2 of Pub. L. 89–26, as amended, set out as an Effective Date note under section 405a of this title.
Cross ReferencesAssimilation of pay and allowances, see section 1003 of this title.
Regulations for administration of section, see section 411 of this title.
Section Referred to in Other SectionsThis section is referred to in sections 411, 420, 1003, 1006 of this title.
