Source
(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; 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.)
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.
Amendments
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. 106–398 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, § 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. 102–25 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 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, 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.