§ 407. — Travel and transportation allowances: dislocation allowances.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC407]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7--ALLOWANCES
Sec. 407. Travel and transportation allowances: dislocation
allowance
(a) Eligibility for Primary Dislocation Allowance.--(1) Under
regulations prescribed by the Secretary concerned, a member of a
uniformed service described in paragraph (2) is entitled to a primary
dislocation allowance at the rate determined under subsection (c) for
the member's pay grade and dependency status.
(2) A member of the uniformed services referred to in paragraph (1)
is any of the following:
(A) A member who makes a change of permanent station and the
member's dependents actually make an authorized move in connection
with the change, including a move by the dependents--
(i) 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
(ii) 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.
(B) A member whose dependents actually move pursuant to section
405a(a), 406(e), 406(h), or 554 of this title.
(C) A member whose dependents actually move from their place of
residence under circumstances described in section 406a of this
title.
(D) A member who is without dependents and--
(i) actually moves to a new permanent station where the
member is not assigned to quarters of the United States; or
(ii) actually moves from a place of residence under
circumstances described in section 406a of this title.
(E) A member who is ordered to move in connection with the
closure or realignment of a military installation and, as a result,
the member's dependents actually move or, in the case of a member
without dependents, the member actually moves.
(F) A member whose dependents actually move from the member's
place of residence in connection with the performance of orders for
the member to report to the member's first permanent duty station if
the move--
(i) is to the permanent duty station or a designated
location; and
(ii) is an authorized move.
(G) Each of two members married to each other who--
(i) is without dependents;
(ii) actually moves with the member's spouse to a new
permanent duty station; and
(iii) is assigned to family quarters of the United States at
or in the vicinity of the new duty station.
(3) If a primary dislocation allowance is paid under this subsection
to a member described in subparagraph (C) or (D)(ii) of paragraph (2),
the member is not entitled to another dislocation allowance as a member
described in subparagraph (A) or (E) of such paragraph in connection
with the same move.
(4) If a primary dislocation allowance is payable to two members
described in paragraph (2)(G) who are married to each other, the amount
of the allowance payable to such members shall be the amount otherwise
payable under this subsection to the member in the higher pay grade, or
to either member if both members are in the same pay grade. The
allowance shall be paid jointly to both members.
(b) Secondary Allowance Authorized Under Certain Circumstances.--(1)
Under regulations prescribed by the Secretary concerned, whenever a
member is entitled to a primary dislocation allowance under subsection
(a) as a member described in paragraph (2)(C) or (2)(D)(ii) of such
subsection, the member is also entitled to a secondary dislocation
allowance at the rate determined under subsection (c) for the member's
pay grade and dependency status if, subsequent to the member or the
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.
(2) If a secondary dislocation allowance is paid under this
subsection, the member is not entitled to a dislocation allowance as a
member described in paragraph (2)(A) or (2)(E) of subsection (a) in
connection with those moves.
(c) Dislocation Allowance Rates.--(1) The amount of the dislocation
allowance to be paid under this section to a member shall be based on
the member's pay grade and dependency status at the time the member
becomes entitled to the allowance, except that the Secretary concerned
may not differentiate between members with dependents in pay grades E-1
through E-5.
(2) The initial rate for the dislocation allowance, for each pay
grade and dependency status, shall be equal to the rate in effect for
that pay grade and dependency status on December 31, 1997, as adjusted
by the average percentage increase in the rates of basic pay for
calendar year 1998. Effective on the same date that the monthly rates of
basic pay for members are increased for a subsequent calendar year, the
Secretary of Defense shall adjust the rates for the dislocation
allowance for that calendar year by the percentage equal to the average
percentage increase in the rates of basic pay for that calendar year.
(d) Fiscal Year Limitation; Exceptions.--(1) A member is not
entitled to more than one dislocation allowance under this section
during a fiscal year unless--
(A) 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;
(B) the member is ordered to a service school as a change of
permanent station;
(C) the member's dependents are covered by section 405a(a),
406(e), 406(h), or 554 of this title; or
(D) subparagraph (C) or (D)(ii) of subsection (a)(2) or
subsection (b) apply with respect to the member or the member's
dependents.
(2) This subsection does not apply in time of national emergency or
in time of war.
(e) First or Last Duty.--A member is not entitled to payment of a
dislocation allowance under this section when the member is ordered from
the member's home to the member's first duty station (except as provided
in subsection (a)(2)(F)) or from the member's last duty station to the
member's home.
(f) Partial Dislocation Allowance.--(1) Under regulations prescribed
by the Secretary concerned, a member ordered to occupy or vacate family
housing provided by the United States to permit the privatization or
renovation of housing or for any other reason (other than pursuant to a
permanent change of station) may be paid a partial dislocation allowance
of $500.
(2) Effective on the same date that the monthly rates of basic pay
for all members are increased under section 1009 of this title or
another provision of law, the Secretary of Defense shall adjust the rate
of the partial dislocation allowance authorized by this subsection by
the percentage equal to the average percentage increase in the rates of
basic pay.
(3) Subsections (c) and (d) do not apply to the partial dislocation
allowance authorized by this subsection.
(g) Rule of Construction.--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.
(h) Advance Payment.--A dislocation allowance payable under this
section may be paid in advance.
(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 474; Pub. L. 89-26, Sec. 1(3),
(4), May 22, 1965, 79 Stat. 117; Pub. L. 89-718, Sec. 60, Nov. 2, 1966,
80 Stat. 1123; Pub. L. 90-207, Sec. 1(4), Dec. 16, 1967, 81 Stat. 651;
Pub. L. 97-60, title I, Sec. 124, Oct. 14, 1981, 95 Stat. 1003; Pub. L.
99-145, title VI, Sec. 611(a), Nov. 8, 1985, 99 Stat. 639; Pub. L. 99-
661, div. A, title VI, Sec. 619(a), Nov. 14, 1986, 100 Stat. 3881; Pub.
L. 100-180, div. A, title VI, Sec. 613, Dec. 4, 1987, 101 Stat. 1093;
Pub. L. 102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat.
117; Pub. L. 104-106, div. A, title VI, Sec. 624, Feb. 10, 1996, 110
Stat. 363; Pub. L. 104-201, div. A, title VI, Sec. 622(a), Sept. 23,
1996, 110 Stat. 2548; Pub. L. 105-85, div. A, title VI, Sec. 632(a),
Nov. 18, 1997, 111 Stat. 1795; Pub. L. 106-398, Sec. 1 [[div. A], title
VI, Sec. 644], Oct. 30, 2000, 114 Stat. 1654, 1654A-161; Pub. L. 107-
107, div. A, title VI, Secs. 635(a), (b), 636(a), Dec. 28, 2001, 115
Stat. 1144, 1145.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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407(a)................................ 37:253(c) (4th sentence). Oct. 12, 1949, ch. 681, Sec.
407(b)................................ 37:253(c) (5th, 6th, and 7th, 303(c) (4th through 8th
sentences). sentences); added Mar. 31, 1955,
407(c)................................ 37:253(c) (8th sentence). ch. 20, Sec. 2(12), 69 Stat. 21.
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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.
Amendments
2001--Subsec. (a)(2)(F), (G). Pub. L. 107-107, Sec. 635(a)(1), added
subpars. (F) and (G).
Subsec. (a)(4). Pub. L. 107-107, Sec. 635(a)(2), added par. (4).
Subsec. (e). Pub. L. 107-107, Sec. 635(b), inserted ``(except as
provided in subsection (a)(2)(F))'' after ``first duty station''.
Subsecs. (f) to (h). Pub. L. 107-107, Sec. 636(a), added subsec. (f)
and redesignated former subsecs. (f) and (g) as (g) and (h),
respectively.
2000--Subsec. (c)(1). Pub. L. 106-398 inserted before period at end
``, except that the Secretary concerned may not differentiate between
members with dependents in pay grades E-1 through E-5''.
1997--Pub. L. 105-85 amended section generally. Prior to amendment,
section consisted of subsecs. (a) to (f) relating to dislocation
allowances for members of the uniformed services.
1996--Subsec. (a). Pub. L. 104-201 substituted ``two and one-half
months'' for ``two months'' in introductory provisions.
Pub. L. 104-106, Sec. 624(b)(1), in concluding provisions,
substituted ``paragraph (3) or (4)(B)'' for ``clause (3) or (4)(B)'' and
``paragraph (1) or (5)'' for ``clause (1)''.
Subsec. (a)(5). Pub. L. 104-106, Sec. 624(a), added par. (5).
Subsec. (b). Pub. L. 104-106, Sec. 624(b)(2), substituted
``paragraph (3) or (4)(B) of subsection (a)'' for ``subsection (a)(3) or
(a)(4)(B)'' and ``paragraph (1) or (5) of subsection (a)'' for
``subsection (a)(1)''.
1991--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, Sec. 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, Sec. 1(4), added cl. (3).
Effective Date of 2001 Amendment
Pub. L. 107-107, div. A, title VI, Sec. 635(c), Dec. 28, 2001, 115
Stat. 1145, provided that: ``The amendments made by this section
[amending this section] shall apply with respect to an order issued on
or after January 1, 2002, in connection with a change of permanent
station or for a member of the uniformed services to report to the
member's first permanent duty station.''
Pub. L. 107-107, div. A, title VI, Sec. 636(b), Dec. 28, 2001, 115
Stat. 1145, provided that: ``Subsection (f) [of section 407] of title
37, United States Code, as added by subsection (a)(2), shall apply with
respect to an order to move for a member of a uniformed service that is
issued on or after the date of the enactment of this Act [Dec. 28,
2001].''
Effective Date of 1997 Amendment
Section 632(b) of Pub. L. 105-85 provided that: ``The amendment made
by subsection (a) [amending this section] shall take effect on January
1, 1998.''
Effective Date of 1996 Amendment
Section 622(b) of Pub. L. 104-201 provided that: ``The amendment
made by subsection (a) [amending this section] shall take effect on
January 1, 1997.''
Effective Date of 1986 Amendment
Section 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 Amendment
Section 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 Amendment
Amendment 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 Amendment
Amendment 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.
Section Referred to in Other Sections
This section is referred to in sections 411, 420, 1003, 1006 of this
title.
