Page:United States Statutes at Large Volume 111 Part 2.djvu/716

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Ill STAT. 1796 PUBLIC LAW 105-85—NOV. 18, 1997 "§407. Travel and transportation allowances: dislocation allowance Regulations. "(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. "(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. "(b) SECONDARY ALLOWANCE AUTHORIZED UNDER CERTAIN CIR- Regulations. CUMSTANCES.— (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