37 USC § 477 - 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 475a (a), 476 (e), 476 (h), or 484 of this title.

(C) A member whose dependents actually move from their place of residence under circumstances described in section 476a 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 476a 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 476a 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 476a 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 475a (a), 476 (e), 476 (h), or 484 of this title; or

(D) subparagraph (C) or (D)(ii) of subsection (a)(2) orsubsection (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.

(i) Termination.— No dislocation allowance may be paid under this section for a move that begins after the travel authorities transition expiration date.

Source

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 474, § 407; 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; Pub. L. 104–106, div. A, title VI, § 624,Feb. 10, 1996, 110 Stat. 363; Pub. L. 104–201, div. A, title VI, § 622(a),Sept. 23, 1996, 110 Stat. 2548; Pub. L. 105–85, div. A, title VI, § 632(a),Nov. 18, 1997, 111 Stat. 1795; Pub. L. 106–398, § 1 [[div. A], title VI, § 644], Oct. 30, 2000, 114 Stat. 1654, 1654A–161; Pub. L. 107–107, div. A, title VI, §§ 635(a), (b), 636(a),Dec. 28, 2001, 115 Stat. 1144, 1145; renumbered § 477 and amended Pub. L. 112–81, div. A, title VI, § 631(d)(2), (e)(10), (f)(4)(A),Dec. 31, 2011, 125 Stat. 1460, 1462, 1465.)

Historical and Revision Notes

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.

Codification

Section 631(f)(4)(A) ofPub. L. 112–81, which directed that this title be amended by conforming any references to sections of this title which were transferred and redesignated by “subsection (c)” of section 631, was executed by conforming the references to those sections as transferred and redesignated by subsection (d) ofsection 631, to reflect the probable intent of Congress.

Amendments

2011—Pub. L. 112–81, § 631(f)(4)(A), substituted, wherever appearing, “475a” for “405a”, “476” for “406”, “476a” for “406a”, and “484” for “554”. See Codification note above.

Pub. L. 112–81, § 631(d)(2), renumbered section 407 of this title as this section.

Subsec. (i). Pub. L. 112–81, § 631(e)(10), added subsec. (i).

2001—Subsec. (a)(2)(F), (G). Pub. L. 107–107, § 635(a)(1), added subpars. (F) and (G).

Subsec. (a)(4). Pub. L. 107–107, § 635(a)(2), added par. (4).

Subsec. (e). Pub. L. 107–107, § 635(b), inserted “(except as provided in subsection (a)(2)(F))” after “first duty station”.

Subsecs. (f) to (h). Pub. L. 107–107, § 636(a), added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.

2000—Subsec. (c)(1). Pub. L. 106–398inserted 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. 105–85amended 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. 104–201substituted “two and one-half months” for “two months” in introductory provisions.

Pub. L. 104–106, § 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, § 624(a), added par. (5).

Subsec. (b). Pub. L. 104–106, § 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. 102–25struck out “of this section” wherever appearing in subsecs. (a) to (c).

1987—Subsec. (f). Pub. L. 100–180added subsec. (f).

1986—Pub. L. 99–661amended 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. 99–145substituted “two months” for “one month” in first sentence.

1981—Subsec. (a). Pub. L. 97–60inserted sentence in provision following cl. (3) authorizing the payment in advance of an allowance payable under this section.

1967—Subsec. (a). Pub. L. 90–207authorized 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. 89–718substituted “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 2001 Amendment

Pub. L. 107–107, div. A, title VI, § 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, § 636(b),Dec. 28, 2001, 115 Stat. 1145, as amended by Pub. L. 112–81, div. A, title VI, § 631(f)(4)(B),Dec. 31, 2011, 125 Stat. 1465, provided that: “Subsection (f) [of section 477] 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].”

[Amendment by Pub. L. 112–81to section 636(b) ofPub. L. 107–107, set out above, was executed to reflect the probable intent of Congress, notwithstanding an error in the directory language.]

Effective Date of 1997 Amendment

Section 632(b) ofPub. L. 105–85provided 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) ofPub. L. 104–201provided 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) ofPub. L. 99–661provided 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) ofPub. L. 99–145provided 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. 90–207effective Oct. 1, 1967, see section 7 ofPub. L. 90–207, set out as a note under section 203 of this title.

Effective Date of 1965 Amendment

Amendment by Pub. L. 89–26effective Feb. 1, 1965, see section 2 ofPub. L. 89–26, as amended, set out as an Effective Date note under section 475a of this title.