US (United States) Code. Title 37. Chapter 7: Allowances

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Pay and allowances of the uniformed services

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-CITE-

37 USC CHAPTER 7 - ALLOWANCES 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

CHAPTER 7 - ALLOWANCES

-MISC1-

Sec.

401. Definitions.

402. Basic allowance for subsistence.

402a. Supplemental subsistence allowance for low-income

members with dependents.

403. Basic allowance for housing.

[403a. Repealed.]

403b. Cost-of-living allowance in the continental United

States.

404. Travel and transportation allowances: general.

404a. Travel and transportation allowances: temporary

lodging expenses.

405. Travel and transportation allowances: per diem while

on duty outside the United States or in Hawaii or

Alaska.

405a. Travel and transportation allowances: departure

allowances.

406. Travel and transportation allowances: dependents;

baggage and household effects.

406a. Travel and transportation allowances: authorized for

travel performed under orders that are canceled,

revoked, or modified.

406b. Travel and transportation allowances: members of the

uniformed services attached to a ship overhauling or

inactivating.

406c. Travel and transportation allowances: members assigned

to a vessel under construction.

407. Travel and transportation allowances: dislocation

allowances.(!1)

408. Travel and transportation allowances: travel within

limits of duty station.

409. Travel and transportation allowances: house trailers

and mobile homes.

410. Travel and transportation allowances: miscellaneous

categories.

411. Travel and transportation allowances: administrative

provisions.

411a. Travel and transportation allowances: travel performed

in connection with convalescent leave.

411b. Travel and transportation allowances: travel performed

in connection with leave between consecutive overseas

tours.

411c. Travel and transportation allowances: travel performed

in connection with rest and recuperative leave from

certain stations in foreign countries.

411d. Travel and transportation allowances: transportation

incident to personal emergencies for certain members

and dependents.

411e. Travel and transportation allowances: transportation

incident to certain emergencies for members

performing temporary duty.

411f. Travel and transportation allowances: transportation

for survivors of deceased member to attend the

member's burial ceremonies.

411g. Travel and transportation allowances: transportation

incident to voluntary extensions of overseas tours of

duty.

411h. Travel and transportation allowances: transportation

of family members incident to the serious illness or

injury of members.

411i. Travel and transportation allowances: parking

expenses.

412. Appropriations for travel: may not be used for

attendance at certain meetings.

413. Chairman and Vice Chairman of the Joint Chiefs of

Staff.

414. Personal money allowance.

415. Uniform allowance: officers; initial allowance.

416. Uniform allowance: officers; additional allowances.

417. Uniform allowance: officers; general provisions.

418. Clothing allowance: enlisted members.

419. Civilian clothing allowance.

420. Allowances while participating in international

sports.

421. Allowances: no increase while dependent is entitled to

basic pay.

422. Cadets and midshipmen.

423. Validity of allowance payments based on purported

marriages.

424. Band leaders.

425. United States Navy Band; United States Marine Band:

allowances while on concert tour.(!1)

[426. Repealed.]

427. Family separation allowance.

428. Allowance for recruiting expenses.

429. Travel and transportation allowances: minor dependent

schooling.

430. Travel and transportation: dependent children of

members stationed overseas.

431. Benefits for certain members assigned to the Defense

Intelligence Agency.

432. Travel and transportation: members escorting certain

dependents.

433. Allowance for muster duty.

434. Subsistence reimbursement relating to escorts of

foreign arms control inspection teams.

435. Funeral honors duty: allowance.

436. Per diem allowance for lengthy or numerous

deployments.

AMENDMENTS

2000 - Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec.

1087(c)(1)(B)], Oct. 30, 2000, 114 Stat. 1654, 1654A-292, made

technical amendment to directory language of Pub. L. 106-65, Sec.

586(c)(2). See 1999 Amendment note below.

Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec.

1087(c)(1)(A)(ii)], Oct. 30, 2000, 114 Stat. 1654, 1654A-292, made

technical amendment to directory language of Pub. L. 106-65, Sec.

578(k)(4). See 1999 Amendment note below.

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Secs. 604(a)(2),

645(b), title X, Sec. 1087(b)(4)], Oct. 30, 2000, 114 Stat. 1654,

1654A-147, 1654A-162, 1654A-292, added items 402a and 411i and

redesignated item 435 "Per diem allowance for lengthy or numerous

deployments" as 436.

1999 - Pub. L. 106-65, div. A, title V, Sec. 586(c)(2), Oct. 5,

1999, 113 Stat. 639, as amended by Pub. L. 106-398, Sec. 1 [[div.

A], title X, Sec. 1087(c)(1)(B)], Oct. 30, 2000, 114 Stat. 1654,

1654A-292, added item 435 "Per diem allowance for lengthy or

numerous deployments".

Pub. L. 106-65, div. A, title V, Sec. 578(k)(4), Oct. 5, 1999,

113 Stat. 631, as amended by Pub. L. 106-398, Sec. 1 [[div. A],

title X, Sec. 1087(c)(1)(A)(ii)], Oct. 30, 2000, 114 Stat. 1654,

1654A-292, added item 435 "Funeral honors duty: allowance".

1998 - Pub. L. 105-261, div. A, title VI, Sec. 633(b)(2), Oct.

17, 1998, 112 Stat. 2044, substituted "rest and recuperative leave

from certain stations" for "leave from certain stations" in item

411c.

1997 - Pub. L. 105-85, div. A, title VI, Sec. 603(c)(4), Nov. 18,

1997, 111 Stat. 1782, substituted "housing" for "quarters" in item

403 and struck out item 403a "Variable housing allowance".

1994 - Pub. L. 103-337, div. A, title VI, Sec. 602(a)(2), Oct. 5,

1994, 108 Stat. 2781, added item 403b.

1992 - Pub. L. 102-484, div. A, title VI, Sec. 623(a)(2), Oct.

23, 1992, 106 Stat. 2423, added item 434.

1990 - Pub. L. 101-510, div. A, title V, Sec. 504(a)(1), title

XIV, Sec. 1484(f)(1), Nov. 5, 1990, 104 Stat. 1559, 1717, revised

chapter heading so as to appear in all capital letters and

renumbered Pub. L. 95-561, Sec. 1407(c)(1)(B). See 1978 Amendment

note below.

1989 - Pub. L. 101-189, div. A, title V, Sec. 502(b)(2), title

VI, Sec. 624(a)(2), Nov. 29, 1989, 103 Stat. 1437, 1448, added

items 406c and 433.

1987 - Pub. L. 100-180, div. A, title VI, Secs. 611(a)(2),

614(a)(2), (d)(3), 615(a)(2), title XIII, Sec. 1314(c)(2), Dec. 4,

1987, 101 Stat. 1093-1096, 1176, substituted "leave between

consecutive overseas tours" for "certain leave" in item 411b, added

items 411g and 411h, inserted "and Vice Chairman" in item 413,

added item 419, and redesignated former items 419 and 420 as 420

and 421, respectively.

Pub. L. 100-26, Sec. 8(b)(1), Apr. 21, 1987, 101 Stat. 285,

redesignated item 431 "Travel and transportation: members escorting

certain dependents" as item 432.

1986 - Pub. L. 99-661, div. A, title VI, Sec. 615(a)(2), Nov. 14,

1986, 100 Stat. 3880, added item 431 "Travel and transportation:

members escorting certain dependents".

1985 - Pub. L. 99-145, title VI, Secs. 616(c)(2), 620(a)(2),

title XIII, Secs. 1302(b)(2), 1303(b)(7), Nov. 8, 1985, 99 Stat.

641, 643, 738, 740, substituted "allowances:" for "allowances;" in

item 404 and "departure" for "evacuation" in item 405a, struck out

"away from home port" after "inactivating" in item 406b, added item

411f, substituted "allowances" for "allowance" in item 425, and

added item 431 "Benefits for certain members assigned to the

Defense Intelligence Agency".

1984 - Pub. L. 98-525, title VI, Secs. 602(d)(2), 612(a)(2), Oct.

19, 1984, 98 Stat. 2536, 2539, struck out "; variable housing

allowance" after "Basic allowance for quarters" in item 403, and

added item 403a, and substituted "personal emergencies for certain

members and dependents" for "certain emergencies for members

performing temporary duty" in item 411d.

1983 - Pub. L. 98-94, title IX, Secs. 910(a)(2), 932(e)(2), Sept.

24, 1983, 97 Stat. 639, 650, struck out item 421 "Contract

surgeons" and added item 430.

1981 - Pub. L. 97-60, title I, Secs. 122(a)(2), 126(b), Oct. 14,

1981, 95 Stat. 1003, 1005, added items 404a, 411c, 411d, and 411e.

Pub. L. 97-22, Sec. 11(b)(3)(B), July 10, 1981, 95 Stat. 138,

substituted "uniformed services" for "Uniformed Services" in item

406b.

1980 - Pub. L. 96-343, Sec. 4(a)(3), Sept. 8, 1980, 94 Stat.

1125, substituted "for quarters; variable housing allowance" for

"for quarters" in item 403.

Pub. L. 96-342, title VIII, Sec. 808(a)(2), Sept. 8, 1980, 94

Stat. 1097, substituted "house trailers and mobile homes" for

"trailers" in item 409.

1978 - Pub. L. 95-561, title XIV, Sec. 1407(e)(1)(B), formerly

Sec. 1407(c)(1)(B), Nov. 1, 1978, 92 Stat. 2367, renumbered Sec.

1407(d)(1)(B) by Pub. L. 101-510, div. A, title V, Sec. 504(a)(1),

Nov. 5, 1990, 104 Stat. 1559, renumbered Sec. 1407(e)(1)(B) by Pub.

L. 107-107, div. A, title III, Sec. 353(1), Dec. 28, 2001, 115

Stat. 1063, added item 429.

1973 - Pub. L. 93-213, Sec. 1(2), Dec. 28, 1973, 87 Stat. 910,

added item 411b.

Pub. L. 93-170, Sec. 1(2), Nov. 29, 1973, 87 Stat. 689,

substituted "overhauling or inactivating" for "overhauling" in item

406b.

1971 - Pub. L. 92-129, title II, Sec. 205(b), Sept. 28, 1971, 85

Stat. 359, added item 428.

1970 - Pub. L. 91-210, Sec. 1(2), Mar. 13, 1970, 84 Stat. 53,

added item 406b.

1968 - Pub. L. 90-377, Sec. 9, July 5, 1968, 82 Stat. 288, struck

out item 426 "Prisoners in naval confinement facilities".

1967 - Pub. L. 90-207, Sec. 9(2), Dec. 16, 1967, 81 Stat. 655,

inserted item 411a.

1965 - Pub. L. 89-26, Sec. 1(2), May 22, 1965, 79 Stat. 117,

inserted item 405a.

1964 - Pub. L. 88-647, title II, Sec. 202(6), Oct. 13, 1964, 78

Stat. 1071, substituted "Cadets and midshipmen" for "Cadets,

midshipmen, and naval officer candidates" in item 422.

1963 - Pub. L. 88-238, Sec. 1(2), Dec. 23, 1963, 77 Stat. 476,

inserted item 406a.

Pub. L. 88-132, Sec. 11(2), Oct. 2, 1963, 77 Stat. 217, added

item 427.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 907 of this title; title

10 sections 1051, 12503; title 32 section 115; title 42 section

659.

-FOOTNOTE-

(!1) So in original. Does not conform to section catchline.

-End-

-CITE-

37 USC Sec. 401 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 401. Definitions

-STATUTE-

(a) Dependent Defined. - In this chapter, the term "dependent",

with respect to a member of a uniformed service, means the

following persons:

(1) The spouse of the member.

(2) An unmarried child of the member who -

(A) is under 21 years of age;

(B) is incapable of self-support because of mental or

physical incapacity and is in fact dependent on the member for

more than one-half of the child's support; or

(C) is under 23 years of age, is enrolled in a full-time

course of study in an institution of higher education approved

by the Secretary concerned for purposes of this subparagraph,

and is in fact dependent on the member for more than one-half

of the child's support.

(3) A parent of the member if -

(A) the parent is in fact dependent on the member for more

than one-half of the parent's support;

(B) the parent has been so dependent for a period prescribed

by the Secretary concerned or became so dependent due to a

change of circumstances arising after the member entered on

active duty; and

(C) the dependency of the parent on the member is determined

on the basis of an affidavit submitted by the parent and any

other evidence required under regulations prescribed by the

Secretary concerned.

(4) An unmarried person who -

(A) is placed in the legal custody of the member as a result

of an order of a court of competent jurisdiction in the United

States (or Puerto Rico or a possession of the United States)

for a period of at least 12 consecutive months;

(B) either -

(i) has not attained the age of 21;

(ii) has not attained the age of 23 years and is enrolled

in a full time course of study at an institution of higher

learning approved by the Secretary concerned; or

(iii) is incapable of self support because of a mental or

physical incapacity that occurred while the person was

considered a dependent of the member or former member under

this paragraph pursuant to clause (i) or (ii);

(C) is dependent on the member for over one-half of the

person's support;

(D) resides with the member unless separated by the necessity

of military service or to receive institutional care as a

result of disability or incapacitation or under such other

circumstances as the Secretary concerned may by regulation

prescribe; and

(E) is not a dependent of a member under any other paragraph.

(b) Other Definitions. - For purposes of subsection (a):

(1) The term "child" includes -

(A) a stepchild of the member (except that such term does not

include a stepchild after the divorce of the member from the

stepchild's parent by blood);

(B) an adopted child of the member, including a child placed

in the home of the member by a placement agency (recognized by

the Secretary of Defense) in anticipation of the legal adoption

of the child by the member; and

(C) an illegitimate child of the member if the member's

parentage of the child is established in accordance with

criteria prescribed in regulations by the Secretary concerned.

(2) The term "parent" means -

(A) a natural parent of the member;

(B) a stepparent of the member;

(C) a parent of the member by adoption;

(D) a parent, stepparent, or adopted parent of the spouse of

the member; and

(E) any other person, including a former stepparent, who has

stood in loco parentis to the member at any time for a

continuous period of at least five years before the member

became 21 years of age.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 469; Pub. L. 93-64, title

I, Secs. 103, 104, July 9, 1973, 87 Stat. 148; Pub. L. 100-26, Sec.

8(e)(7), Apr. 21, 1987, 101 Stat. 286; Pub. L. 102-190, div. A,

title VI, Sec. 621, Dec. 5, 1991, 105 Stat. 1377; Pub. L. 103-160,

div. A, title VI, Sec. 631(a), Nov. 30, 1993, 107 Stat. 1683; Pub.

L. 103-337, div. A, title VII, Sec. 701(b), Oct. 5, 1994, 108 Stat.

2797.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

401 37:231(g) (less last Oct. 12, 1949, ch. 681,

proviso of last sentence). Sec. 102(g) (less last

proviso of last

sentence), 63 Stat. 804;

Sept. 8, 1950, ch. 922,

Sec. 1, 64 Stat. 794;

Mar. 23, 1953, ch. 8 (as

applicable to Sec.

102(g)), 67 Stat. 6;

June 30, 1955, ch. 250,

Sec. 103 (as applicable

to Sec. 102(g)), 69

Stat. 224; Mar. 23,

1959, Pub. L. 86-4, Sec.

3 (as applicable to Sec.

102(g)), 73 Stat. 13.

--------------------------------------------------------------------

The words "lawful", "at all times and in all places", "except as

hereinafter limited in this subsection", and "in addition to those

persons otherwise defined as dependents in this subsection" are

omitted as surplusage. In clause (1), the word "spouse" is

substituted for words "wife" and "husband". Clause (2) is

substituted for the 16th through 24th words of the first sentence

of section 231(g) of existing title 37 and the third sentence (less

last proviso) of section 231(g) of existing title 37. Clause (3) is

substituted for the second sentence of section 231(g) of existing

title 37 and the last sentence (less provisos) of section 231(g) of

existing title 37. The second sentence is substituted for the last

proviso of the third sentence of section 231(g) of existing title

37. The last sentence is substituted for the first proviso of the

last sentence of section 231(g) of existing title 37.

AMENDMENTS

1994 - Subsec. (b)(1)(B). Pub. L. 103-337 substituted "placement

agency (recognized by the Secretary of Defense) in anticipation of

the legal adoption of the child by the member" for "placement

agency for the purpose of adoption".

1993 - Subsec. (a)(4). Pub. L. 103-160 added par. (4).

1991 - Pub. L. 102-190 amended text generally. Prior to

amendment, text read as follows: "In this chapter, the term

'dependent', with respect to a member of a uniformed service, means

-

"(1) his spouse;

"(2) his unmarried child (including any of the following

categories of children if such child is in fact dependent on the

member: a stepchild; an adopted child; or an illegitimate child

whose alleged member-father has been judicially decreed to be the

father of the child or judicially ordered to contribute to the

child's support, or whose parentage has been admitted in writing

by the member) who either -

"(A) is under 21 years of age; or

"(B) is incapable of self-support because of a mental or

physical incapacity, and in fact dependent on the member for

over one-half of his support; and

"(3) his parent (including a stepparent or parent by adoption,

and any person, including a former stepparent, who has stood in

loco parentis to the member at any time for a continuous period

of at least five years before the member became 21 years of age)

who is in fact dependent on the member for over one-half of his

support; however, the dependency of such a parent is determined

on the basis of an affidavit submitted by the parent, and any

other evidence required under regulations prescribed by the

Secretary concerned, and he is not considered a dependent of the

member claiming the dependence unless -

"(A) the member has provided over one-half of his support for

the period prescribed by the Secretary concerned; or

"(B) due to changed circumstances arising after the member

enters on active duty, he becomes in fact dependent on the

member for over one-half of his support.

For the purposes of this section, the relationship between a

stepparent and his stepchild is terminated by the stepparent's

divorce from the parent by blood."

1987 - Pub. L. 100-26 inserted "the term" after "In this

chapter,".

1973 - Cl. (2). Pub. L. 93-64, Sec. 103(1), in revising cl. (1)

of first sentence, substituted "unmarried child" for "unmarried

legitimate child" and defined dependent to include an illegitimate

child whose alleged member-father has been judicially decreed to be

the father of the child or judicially ordered to contribute to the

child's support, or whose parentage has been admitted in writing by

the member.

Cl. (3). Pub. L. 93-64, Sec. 104, in revising cl. (3) of first

sentence, substituted "five years before the member became 21

years" for "five years before he became 21 years", struck out

requirement of actual residence of parent in the member's

household, and inserted provision respecting determination of

dependency of parent, including items (A) and (B), formerly

contained in former section 2201 of Appendix to Title 50, War and

National Defense.

Closing text. Pub. L. 93-64, Sec. 103(2), struck out second

sentence, following cl. (3) of first sentence, stating that a

person is not a dependent of a female member unless he is in fact

dependent on her for over one-half of his support.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 631(b) of Pub. L. 103-160 provided that: "Section

401(a)(4) of title 37, United States Code, as added by subsection

(a), shall apply with respect to determinations of dependency made

on or after July 1, 1994."

EFFECTIVE DATE OF 1973 AMENDMENT

Section 206 of Pub. L. 93-64 provided that: "This Act [enacting

section 1173 of Title 10, Armed Forces, amending this section and

sections 302, 302a, 303, 308a, and 403 of this title, and repealing

sections 2210 to 2212 of Title 50, Appendix, War and National

Defense] shall become effective July 1, 1973."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403b, 411f of this title;

title 10 section 2002; title 31 section 3342.

-End-

-CITE-

37 USC Sec. 402 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 402. Basic allowance for subsistence

-STATUTE-

(a) Entitlement to Allowance. - (1) Except as provided in

paragraph (2) or otherwise provided by law, each member of a

uniformed service who is entitled to basic pay is entitled to a

basic allowance for subsistence as set forth in this section.

(2) An enlisted member is not entitled to the basic allowance for

subsistence during basic training.

(b) Rates of Allowance Based on Food Costs. - (1) Through

December 31, 2001, the monthly rate of basic allowance for

subsistence to be in effect for an enlisted member for a year

(beginning on January 1 of that year) shall be the amount that is

halfway between the following amounts, which are determined by the

Secretary of Agriculture as of October 1 of the preceding year:

(A) The amount equal to the monthly cost of a moderate-cost

food plan for a male in the United States who is between 20 and

50 years of age.

(B) The amount equal to the monthly cost of a liberal food plan

for a male in the United States who is between 20 and 50 years of

age.

(2) On and after January 1, 2002, the monthly rate of basic

allowance for subsistence to be in effect for an enlisted member

for a year (beginning on January 1 of that year) shall be equal to

the sum of -

(A) the monthly rate of basic allowance for subsistence that

was in effect for an enlisted member for the preceding year; plus

(B) the product of the monthly rate under subparagraph (A) and

the percentage increase in the monthly cost of a liberal food

plan for a male in the United States who is between 20 and 50

years of age over the preceding fiscal year, as determined by the

Secretary of Agriculture each October 1.

(3) The monthly rate of basic allowance for subsistence to be in

effect for an officer for a year (beginning on January 1 of that

year) shall be the amount equal to the monthly rate of basic

allowance for subsistence in effect for officers for the preceding

year, increased by the same percentage by which the rate of basic

allowance for subsistence for enlisted members for the preceding

year is increased effective on such January 1.

(4) For purposes of implementing paragraph (2), the monthly rate

of basic allowance for subsistence that was in effect for an

enlisted member for calendar year 2001 is deemed to be $233.

(c) Advance Payment. - The allowance to an enlisted member may be

paid in advance for a period of not more than three months.

(d) Special Rate for Enlisted Members Occupying Single Quarters

Without Adequate Availability of Meals. - The Secretary of Defense,

and the Secretary of the department in which the Coast Guard is

operating, may pay an enlisted member the basic allowance for

subsistence under this section at a monthly rate that is twice the

amount in effect under subsection (b)(2) while -

(1) the member is assigned to single Government quarters which

have no adequate food storage or preparation facility in the

quarters; and

(2) there is no Government messing facility serving those

quarters that is capable of making meals available to the

occupants of the quarters.

(e) Special Rule for Certain Enlisted Reserve Members. - Unless

entitled to basic pay under section 204 of this title, an enlisted

member of a reserve component may receive, at the discretion of the

Secretary concerned, rations in kind, or a part thereof, when the

member's instruction or duty periods, as described in section

206(a) of this title, total at least 8 hours in a calendar day. The

Secretary concerned may provide an enlisted member who could be

provided rations in kind under the preceding sentence with a

commutation when rations in kind are not available.

(f) Policies on Use of Dining and Messing Facilities. - The

Secretary of Defense, in consultation with the Secretaries

concerned, shall prescribe policies regarding use of dining and

field messing facilities of the uniformed services.

(g) Regulations. - (1) The Secretary of Defense shall prescribe

regulations for the administration of this section. Before

prescribing the regulations, the Secretary shall consult with each

Secretary concerned.

(2) The regulations shall include the specific rates of basic

allowance for subsistence required by subsection (b).

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 470; Pub. L. 89-444, Sec.

2(2), June 9, 1966, 80 Stat. 198; Pub. L. 93-419, Sec. 3(1)-(5),

Sept. 19, 1974, 88 Stat. 1152; Pub. L. 96-513, title IV, Sec. 411,

Dec. 12, 1980, 94 Stat. 2905; Pub. L. 98-94, title IX, Sec. 908(a),

Sept. 24, 1983, 97 Stat. 637; Pub. L. 98-525, title VI, Sec. 605,

Oct. 19, 1984, 98 Stat. 2537; Pub. L. 98-557, Sec. 17(d), Oct. 30,

1984, 98 Stat. 2868; Pub. L. 99-145, title XIII, Sec. 1303(b)(5),

Nov. 8, 1985, 99 Stat. 740; 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. 602(a)-(c)(1), Feb. 10, 1996, 110 Stat. 356, 357;

Pub. L. 105-85, div. A, title VI, Sec. 602(a), Nov. 18, 1997, 111

Stat. 1771; Pub. L. 105-261, div. A, title VI, Sec. 604(a), Oct.

17, 1998, 112 Stat. 2037; Pub. L. 106-398, Sec. 1 [[div. A], title

VI, Sec. 603(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-144,

1654A-145; Pub. L. 107-107, div. A, title VI, Sec. 604(a), Dec. 28,

2001, 115 Stat. 1133; Pub. L. 107-296, title XVII, Sec. 1704(c),

Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107-314, div. A, title VI,

Sec. 603, Dec. 2, 2002, 116 Stat. 2566.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

402(a) 37:251(a) (1st sentence). Oct. 12, 1949, ch. 681,

Sec. 301, 63 Stat. 812;

May 19, 1952, ch. 310,

Sec. 1(d), 66 Stat. 80;

Aug. 10, 1956, ch. 1041,

Sec. 20(b), 70A Stat.

627; Sept. 2, 1958, Pub.

L. 85-861, Sec. 10, 72

Stat. 1556.

402(b)

37:251(a) (2d and last

sentences).

37:251(b).

37:251(c).

37:251a. Aug. 1, 1953, ch. 305,

Sec. 617, 67 Stat. 352.

37:301(a) (45 words Oct. 12, 1949, ch. 681,

before proviso). Sec. 501(a) (45 words

before proviso), (e)

(less applicability to

basic pay, incentive

pay, administrative pay,

and duty without pay),

63 Stat. 825, 827; July

9, 1952, ch. 608, Sec.

244, 66 Stat. 494; June

30, 1960, Pub. L.

86-559, Sec. 8, 74 Stat.

282.

402(c)

402(d)

402(e)

402(f)

37:301(e) (less

applicability to basic

pay, incentive pay,

administrative pay, and

duty without pay).

37:251(a) (less 1st, 2d,

and last sentences).

37:251(e).

37:251(f).

37:251(d).

--------------------------------------------------------------------

In subsection (a), the words "in the amount set forth in

subsection (d)" are substituted for the words "in such amounts . .

. as are provided in this section".

In subsection (b), the words "on a daily basis" are substituted

for the last sentence of section 251(a) of existing title 37. The

words "United States" are substituted for the word "Government", in

the 2d sentence of section 251(a) of existing title 37, section

251(b) of existing title 37, and section 251(e) of existing title

37. The word "confined" is substituted for the word "sick" for

clarity. The last 16 words of the third sentence are substituted

for section 251(b) (proviso) of existing title 37. The fourth

sentence is substituted for section 251(a) of existing title 37.

The last sentence is substituted for section 301(a) (45 words

before proviso) of existing title 37 and section 301(e) (less

applicability to basic pay, incentive pay, administrative pay, and

duty without pay). In that sentence, the words "of a reserve

component of a uniformed service, or of the National Guard" are

substituted for the enumeration of the organizations concerned.

In subsection (c), the words "who are entitled to basic pay" are

inserted to reflect the 1st sentence of section 251(a) of existing

title 37.

In subsection (d), the reference in section 251(a) of existing

title 37 to the allowance of $1.05 per day for enlisted members

granted permission to mess separately is omitted as superseded by

section 251a.

In subsection (e), the words "Effective April 15, 1955," are

omitted as executed. The words "United States" are substituted for

the word "Government". The words "messing facilities" are

substituted for the word "messes" to conform to subsections (b) and

(d).

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-314 amended heading and text of

subsec. (d) generally. Prior to amendment, text read as follows:

"(1) In areas prescribed by the Secretary of Defense, and the

Secretary of Transportation with respect to the Coast Guard when it

is not operating as a service in the Navy, an enlisted member

described in paragraph (2) is entitled to not more than the pro

rata allowance in effect under paragraph (1) or (2) of subsection

(b) for each meal the member buys from a source other than a

messing facility of the United States.

"(2) An enlisted member referred to in paragraph (1) is a member

who is granted permission to mess separately and whose duties

require the member to buy at least one meal from a source other

than a messing facility of the United States."

Pub. L. 107-296, which directed amendment of subsec. (d) by

substituting "of Homeland Security" for "of Transportation", could

not be executed because the words "of Transportation" did not

appear subsequent to amendment by Pub. L. 107-314, see above and

Effective Date of 2002 Amendment note below.

2001 - Subsec. (b)(4). Pub. L. 107-107 added par. (4).

2000 - Subsec. (b)(1). Pub. L. 106-398, Sec. 1 [[div. A], title

VI, Sec. 603(a)(1)], substituted "Through December 31, 2001, the

monthly rate" for "The monthly rate" in introductory provisions.

Subsec. (b)(2), (3). Pub. L. 106-398, Sec. 1 [[div. A], title VI,

Sec. 603(a)(2), (3)], added par. (2) and redesignated former par.

(2) as (3).

Subsec. (d)(1). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

603(b)], substituted "in effect under paragraph (1) or (2) of

subsection (b)" for "established under subsection (b)(1)".

1998 - Subsecs. (e) to (g). Pub. L. 105-261 added subsec. (e) and

redesignated former subsecs. (e) and (f) as (f) and (g),

respectively.

1997 - Pub. L. 105-85 amended section generally. Prior to

amendment, section consisted of subsecs. (a) to (e) relating to

basic allowance for subsistence for members of the uniformed

services.

1996 - Subsec. (b). Pub. L. 104-106, Sec. 602(a), (b), designated

first sentence as par. (1), redesignated former pars. (1), (2), and

(3) as subpars. (A), (B), and (C), respectively, of par. (1),

designated second to fourth sentences as par. (2), designated fifth

and sixth sentences as par. (3), and added par. (4).

Subsec. (e)(1). Pub. L. 104-106, Sec. 602(c)(1)(A), substituted

"subsection (b)(2)" for "the third sentence of subsection (b)".

Subsec. (e)(2). Pub. L. 104-106, Sec. 602(c)(1)(B), substituted

"subsection (b)(2)" for "subsection (b)".

1991 - Subsec. (e). Pub. L. 102-25 struck out "of this section"

after "subsection (b)" in pars. (1) and (2).

1985 - Subsec. (b). Pub. L. 99-145 inserted "or as otherwise

prescribed by law" after "title" at end of fourth sentence.

1984 - Subsec. (b). Pub. L. 98-525 inserted "The Secretary

concerned may provide an enlisted member who could be provided

rations in kind under the preceding sentence with a commutation

when rations in kind are not available."

Subsec. (d). Pub. L. 98-557 inserted provisions relating to

Secretary of Transportation with respect to the Coast Guard when it

is not operating as a service in the Navy.

1983 - Subsec. (e). Pub. L. 98-94 designated existing provisions

as par. (1) and added par. (2).

1980 - Subsec. (b). Pub. L. 96-513, Sec. 411(a), inserted

provisions authorizing an allowance while performing travel under

orders, and struck out provisions prohibiting an allowance while

being subsisted at the expense of United States.

Subsec. (e). Pub. L. 96-513, Sec. 411(b), inserted reference to

definitions of "field duty" and "sea duty".

1974 - Subsec. (a). Pub. L. 93-419, Sec. 3(1), struck out "this

section or by another" after "otherwise provided by" and

substituted "as set forth in this section" for "in the amount set

forth in subsection (d) of this section".

Subsec. (b). Pub. L. 93-419, Sec. 3(2), substituted provisions

for allowance for enlisted members authorized to receive basic

allowance for subsistence under this subsection by reference to

section 1009 of this title for provisions for allowance for

enlisted members on leave or were authorized to mess separately at

an amount equal to the cost of ration to be determined by the

Secretary of Defense.

Subsec. (c). Pub. L. 93-419, Sec. 3(3), inserted reference to

section 1009 of this title in provisions relating to the amount of

basic allowance for subsistence.

Subsecs. (d) to (f). Pub. L. 93-419, Sec. 3(4), (5), struck out

subsec. (d) which related to basic allowance for subsistence for

members of the uniformed services, and redesignated subsecs. (e)

and (f) as (d) and (e), respectively.

1966 - Subsec. (c). Pub. L. 89-444 extended to aviation cadets of

the Coast Guard the entitlement to the same basic allowance for

subsistence as is provided for an officer of the Coast Guard.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1997 AMENDMENT

Section 602(g) of Pub. L. 105-85 provided that: "This section

[amending this section, section 404 of this title, and section 6081

of Title 10, Armed Forces, and enacting provisions set out as a

note below] and the amendments made by this section shall take

effect on January 1, 1998."

EFFECTIVE DATE OF 1984 AMENDMENT

Section 605 of Pub. L. 98-525 provided that the amendment made by

that section is effective Oct. 1, 1984.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, but the

authority to prescribe regulations under the amendment by section

411 of Pub. L. 96-513 effective on Dec. 12, 1980, see section 701

of Pub. L. 96-513, set out as a note under section 101 of Title 10,

Armed Forces.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-419 effective Sept. 19, 1974, see section

9 of Pub. L. 93-419, set out as an Effective Date note under

section 1009 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC2-

RATE FOR ENLISTED MEMBERS WHEN MESSING FACILITIES NOT AVAILABLE

Pub. L. 107-107, div. A, title VI, Sec. 604(b), Dec. 28, 2001,

115 Stat. 1133, provided that:

"(1) Notwithstanding section 402 of title 37, United States Code,

the Secretary of Defense, and the Secretary of Transportation with

respect to the Coast Guard when it is not operating as a service in

the Navy, may prescribe a rate of basic allowance for subsistence

to apply to enlisted members of the uniformed services when messing

facilities of the United States are not available. The rate may be

higher than the rate of basic allowance for subsistence that would

otherwise be applicable to the members under that section, but may

not be higher than the highest rate that was in effect for enlisted

members of the uniformed services under those circumstances before

the date of the enactment of this Act [Dec. 28, 2001].

"(2) Paragraph (1) shall cease to be effective on the first day

of the first month for which the basic allowance for subsistence

calculated for enlisted members of the uniformed services under

section 402 of title 37, United States Code, exceeds the rate of

the basic allowance for subsistence prescribed under paragraph

(1)."

TRANSITIONAL AUTHORITY TO PROVIDE BASIC ALLOWANCE FOR SUBSISTENCE

Pub. L. 107-107, div. A, title VI, Sec. 604(c), Dec. 28, 2001,

115 Stat. 1134, provided that: "Notwithstanding the repeal of

subsections (c) through (f) of section 602 of the National Defense

Authorization Act for Fiscal Year 1998 (Public Law 105-85; 37

U.S.C. 402 note) by section 603(c) of the Floyd D. Spence National

Defense Authorization Act for Fiscal Year 2001 (as enacted into law

by Public Law 106-398; 114 Stat. 1654A-145) [see below], the basic

allowance for subsistence shall be paid in accordance with such

subsections for October, November, and December of 2001."

Pub. L. 105-85, div. A, title VI, Sec. 602(c)-(f), Nov. 18, 1997,

111 Stat. 1772, as amended by Pub. L. 105-261, div. A, title VI,

Sec. 604(b), Oct. 17, 1998, 112 Stat. 2038; Pub. L. 106-398, Sec. 1

[[div. A, title X, Sec. 1087(e)(1)], Oct. 30, 2000, 114 Stat. 1654,

1654A-293, which provided that a basic allowance for subsistence

was to be paid to members of the uniformed services according to

the conditions and at the rates provided in this note and not under

the authority of this section during the period beginning on Jan.

1, 1998, and ending on the first day of the month immediately

following the first month for which the monthly equivalent of the

rate of basic allowance for subsistence payable to enlisted members

of the uniformed services determined under this note was equal to

or exceeded by the amount that would otherwise have been the

monthly rate of basic allowance for subsistence under subsec.

(b)(1) of this section, was repealed by Pub. L. 106-398, Sec. 1

[[div. A, title VI, Sec. 603(c)], Oct. 30, 2000, 114 Stat. 1654,

1654A-145, effective Oct. 1, 2001.

INCREASE IN BASIC ALLOWANCE FOR SUBSISTENCE

Pub. L. 96-343, Sec. 7, Sept. 8, 1980, 94 Stat. 1128, provided

that: "Effective September 1, 1980, the rates of basic allowance

for subsistence authorized by section 402 of title 37, United

States Code, as in effect on the day before the date of the

enactment of this Act [Sept. 8, 1980] (as prescribed by the

President under section 1009 of such title), are increased by 10

percent."

REGULATIONS RELATING TO SUBSISTENCE ALLOWANCE

Regulations relating to basic allowance for subsistence, see Ex.

Ord. No. 11157, June 22, 1964, 29 F.R. 7973, set out as a note

under section 301 of this title.

-EXEC-

EXECUTIVE ORDER NO. 10119

Ex. Ord. No. 10119, Mar. 30, 1950, 15 F.R. 1767, as amended by

1953 Reorg. Plan No. 1, Secs. 5, 8, Apr. 11, 1953, 18 F.R. 2053;

Ex. Ord. No. 10605, Apr. 22, 1955, 20 F.R. 2747, which related to

regulations governing basic allowance for subsistence, was revoked

by Ex. Ord. No. 11157, June 22, 1964, 29 F.R. 7973, set out as a

note under section 301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 402a, 420, 1003, 1009,

1012 of this title; title 10 sections 708, 6912; title 14 section

372; title 32 section 107.

-End-

-CITE-

37 USC Sec. 402a 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 402a. Supplemental subsistence allowance for low-income

members with dependents

-STATUTE-

(a) Supplemental Allowance Required. - (1) The Secretary

concerned shall increase the basic allowance for subsistence to

which a member of the armed forces described in subsection (b) is

otherwise entitled under section 402 of this title by an amount (in

this section referred to as the "supplemental subsistence

allowance") designed to remove the member's household from

eligibility for benefits under the food stamp program.

(2) The supplemental subsistence allowance may not exceed $500

per month. In establishing the amount of the supplemental

subsistence allowance to be paid an eligible member under this

paragraph, the Secretary shall take into consideration the amount

of the basic allowance for housing that the member receives under

section 403 of this title or would otherwise receive under such

section, in the case of a member who is not entitled to that

allowance as a result of assignment to quarters of the United

States or a housing facility under the jurisdiction of a uniformed

service.

(3) In the case of a member described in subsection (b) who

establishes to the satisfaction of the Secretary concerned that the

allotment of the member's household under the food stamp program,

calculated in the absence of the supplemental subsistence

allowance, would exceed the amount established by the Secretary

concerned under paragraph (2), the amount of the supplemental

subsistence allowance for the member shall be equal to the lesser

of the following:

(A) The value of that allotment.

(B) $500.

(b) Members Entitled to Allowance. - (1) Subject to subsection

(d), a member of the armed forces with dependents is entitled to

receive the supplemental subsistence allowance if the Secretary

concerned determines that the member's income, together with the

income of the rest of the member's household (if any), is within

the highest income standard of eligibility, as then in effect under

section 5(c) of the Food Stamp Act of 1977 (7 U.S.C. 2014(c)) and

without regard to paragraph (1) of such section, for participation

in the food stamp program.

(2) In determining whether a member meets the eligibility

criteria under paragraph (1), the Secretary -

(A) shall not take into consideration the amount of the

supplemental subsistence allowance payable under this section;

but

(B) shall take into consideration the amount of the basic

allowance for housing that the member receives under section 403

of this title or would otherwise receive under such section, in

the case of a member who is not entitled to that allowance as a

result of assignment to quarters of the United States or a

housing facility under the jurisdiction of a uniformed service.

(c) Application for Allowance. - To request the supplemental

subsistence allowance, a member shall submit an application to the

Secretary concerned in such form and containing such information as

the Secretary concerned may prescribe. A member applying for the

supplemental subsistence allowance shall furnish such evidence

regarding the member's satisfaction of the eligibility criteria

under subsection (b) as the Secretary concerned may require.

(d) Effective Period. - The entitlement of a member to receive

the supplemental subsistence allowance terminates upon the

occurrence of any of the following events, even though the member

continues to meet the eligibility criteria described in subsection

(b):

(1) Payment of the supplemental subsistence allowance for 12

consecutive months.

(2) Promotion of the member to a higher grade.

(3) Transfer of the member in a permanent change of station.

(e) Reapplication. - Upon the termination of the effective period

of the supplemental subsistence allowance for a member, or in

anticipation of the imminent termination of the allowance, a member

may reapply for the allowance under subsection (c), and the

Secretary concerned shall approve the application and resume

payment of the allowance to the member, if the member continues to

meet, or once again meets, the eligibility criteria described in

subsection (b).

(f) Reporting Requirement. - Not later than March 1 of each year

after 2001, the Secretary of Defense shall submit to Congress a

report specifying the number of members of the armed forces who

received, at any time during the preceding year, the supplemental

subsistence allowance. In preparing the report, the Secretary of

Defense shall consult with the Secretary of Transportation. No

report is required under this subsection after March 1, 2006.

(g) Definitions. - In this section:

(1) The term "Secretary concerned" means -

(A) the Secretary of Defense; and

(B) the Secretary of Homeland Security, with respect to the

Coast Guard when it is not operating as a service in the Navy.

(2) The terms "allotment" and "household" have the meanings

given those terms in section 3 of the Food Stamp Act of 1977 (7

U.S.C. 2012).

(3) The term "food stamp program" means the program established

pursuant to section 4 of the Food Stamp Act of 1977 (7 U.S.C.

2013).

(h) Termination of Authority. - No supplemental subsistence

allowance may be provided under this section after September 30,

2006.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

604(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-145; amended Pub.

L. 107-107, div. A, title VI, Sec. 604(d), Dec. 28, 2001, 115 Stat.

1134; Pub. L. 107-296, title XVII, Sec. 1704(c), Nov. 25, 2002, 116

Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Subsec. (g)(1)(B). Pub. L. 107-296 substituted "of

Homeland Security" for "of Transportation".

2001 - Subsec. (b)(1). Pub. L. 107-107 inserted "with dependents"

after "a member of the armed forces".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 604(b)], Oct.

30, 2000, 114 Stat. 1654, 1654A-147, provided that: "Section 402a

of title 37, United States Code, as added by subsection (a), shall

take effect on the first day of the first month that begins not

less than 180 days after the date of the enactment of this Act

[Oct. 30, 2000]."

-End-

-CITE-

37 USC Sec. 403 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 403. Basic allowance for housing

-STATUTE-

(a) General Entitlement. - (1) Except as otherwise provided by

law, a member of a uniformed service who is entitled to basic pay

is entitled to a basic allowance for housing at the monthly rates

prescribed under this section or another provision of law with

regard to the applicable component of the basic allowance for

housing. The amount of the basic allowance for housing for a member

will vary according to the pay grade in which the member is

assigned or distributed for basic pay purposes, the dependency

status of the member, and the geographic location of the member.

The basic allowance for housing may be paid in advance.

(2) A member of a uniformed service with dependents is not

entitled to a basic allowance for housing as a member with

dependents unless the member makes a certification to the Secretary

concerned indicating the status of each dependent of the member.

The certification shall be made in accordance with regulations

prescribed by the Secretary of Defense.

(b) Basic Allowance for Housing Inside the United States. - (1)

The Secretary of Defense shall prescribe the rates of the basic

allowance for housing that are applicable for the various military

housing areas in the United States. The rates for an area shall be

based on the costs of adequate housing determined for the area

under paragraph (2).

(2) The Secretary of Defense shall determine the costs of

adequate housing in a military housing area in the United States

for all members of the uniformed services entitled to a basic

allowance for housing in that area. The Secretary shall base the

determination upon the costs of adequate housing for civilians with

comparable income levels in the same area. After June 30, 2001, the

Secretary may not differentiate between members with dependents in

pay grades E-1 through E-4 in determining what constitutes adequate

housing for members.

(3) The total amount that may be paid for a fiscal year for the

basic allowance for housing under this subsection may not be less

than the product of -

(A) the total amount authorized to be paid for such allowance

for the preceding fiscal year; and

(B) a fraction -

(i) the numerator of which is the index of the national

average monthly cost of housing for June of the preceding

fiscal year; and

(ii) the denominator of which is the index of the national

average monthly cost of housing for June of the second

preceding fiscal year.

(4) An adjustment in the rates of the basic allowance for housing

under this subsection as a result of the Secretary's

redetermination of housing costs in an area shall take effect on

the same date as the effective date of the next increase in basic

pay under section 1009 of this title or other provision of law.

(5) On and after July 1, 2001, the Secretary of Defense shall

establish a single monthly rate for members of the uniformed

services with dependents in pay grades E-1 through E-4 in the same

military housing area. The rate shall be consistent with the rates

paid to members in pay grades other than pay grades E-1 through E-4

and shall be based on the following:

(A) The average cost of a two-bedroom apartment in that

military housing area.

(B) One-half of the difference between the average cost of a

two-bedroom townhouse in that area and the amount determined in

subparagraph (A).

(6) So long as a member of a uniformed service retains

uninterrupted eligibility to receive a basic allowance for housing

within an area of the United States, the monthly amount of the

allowance for the member may not be reduced as a result of changes

in housing costs in the area or the promotion of the member.

(c) Basic Allowance for Housing Outside the United States. - (1)

The Secretary of Defense may prescribe an overseas basic allowance

for housing for a member of a uniformed service who is on duty

outside of the United States. The Secretary shall establish the

basic allowance for housing under this subsection on the basis of

housing costs in the overseas area in which the member is assigned.

(2) So long as a member of a uniformed service retains

uninterrupted eligibility to receive a basic allowance for housing

in an overseas area and the actual monthly cost of housing for the

member is not reduced, the monthly amount of the allowance in an

area outside the United States may not be reduced as a result of

changes in housing costs in the area or the promotion of the

member. The monthly amount of the allowance may be adjusted to

reflect changes in currency rates.

(3)(A) In the case of a member of the uniformed services

authorized to receive an allowance under paragraph (1), the

Secretary concerned may make a lump-sum payment to the member for

required deposits and advance rent, and for expenses relating

thereto, that are -

(i) incurred by the member in occupying private housing outside

of the United States; and

(ii) authorized or approved under regulations prescribed by the

Secretary concerned.

(B) Expenses for which a member may be reimbursed under this

paragraph may include losses relating to housing that are sustained

by the member as a result of fluctuations in the relative value of

the currencies of the United States and the foreign country in

which the housing is located.

(C) The Secretary concerned shall recoup the full amount of any

deposit or advance rent payments made by the Secretary under

subparagraph (A), including any gain resulting from currency

fluctuations between the time of payment and the time of

recoupment.

(d) Basic Allowance for Housing When Dependents Are Unable To

Accompany Member. - (1) A member of a uniformed service with

dependents who is on permanent duty at a location described in

paragraph (2) is entitled to a family separation basic allowance

for housing under this subsection at a monthly rate equal to the

rate of the basic allowance for housing established under

subsection (b) or the overseas basic allowance for housing

established under subsection (c), whichever applies to that

location, for members in the same grade at that location without

dependents.

(2) A permanent duty location referred to in paragraph (1) is a

location -

(A) to which the movement of the member's dependents is not

authorized at the expense of the United States under section 406

of this title, and the member's dependents do not reside at or

near the location; and

(B) at which quarters of the United States are not available

for assignment to the member.

(3) If a member with dependents is assigned to duty in an area

that is different from the area in which the member's dependents

reside, the member is entitled to a basic allowance for housing as

provided in subsection (b) or (c), whichever applies to the member,

subject to the following:

(A) If the member's assignment to duty in that area, or the

circumstances of that assignment, require the member's dependents

to reside in a different area, as determined by the Secretary

concerned, the amount of the basic allowance for housing for the

member shall be based on the area in which the dependents reside

or the member's last duty station, whichever the Secretary

concerned determines to be most equitable.

(B) If the member's assignment to duty in that area is under

the conditions of a low-cost or no-cost permanent change of

station or permanent change of assignment, the amount of the

basic allowance for housing for the member shall be based on the

member's last duty station if the Secretary concerned determines

that it would be inequitable to base the allowance on the cost of

housing in the area to which the member is reassigned.

(4) The family separation basic allowance for housing under this

subsection shall be in addition to any other allowance or per diem

that the member is otherwise entitled to receive under this title.

A member may receive a basic allowance for housing under both

paragraphs (1) and (3).

(e) Effect of Assignment to Quarters. - (1) Except as otherwise

provided by law, a member of a uniformed service who is assigned to

quarters of the United States or a housing facility under the

jurisdiction of a uniformed service appropriate to the grade, rank,

or rating of the member and adequate for the member and dependents

of the member, if with dependents, is not entitled to a basic

allowance for housing.

(2) A member without dependents who is in a pay grade above pay

grade E-6 and who is assigned to quarters in the United States or a

housing facility under the jurisdiction of a uniformed service,

appropriate to the grade or rank of the member and adequate for the

member, may elect not to occupy those quarters and instead to

receive the basic allowance for housing prescribed for the member's

pay grade by this section.

(3) A member without dependents who is in pay grade E-6 and who

is assigned to quarters of the United States that do not meet the

minimum adequacy standards established by the Secretary of Defense

for members in such pay grade, or to a housing facility under the

jurisdiction of a uniformed service that does not meet such

standards, may elect not to occupy such quarters or facility and

instead to receive the basic allowance for housing prescribed for

the member's pay grade under this section.

(4) The Secretary concerned may deny the right to make an

election under paragraph (2) or (3) if the Secretary determines

that the exercise of such an election would adversely affect a

training mission, military discipline, or military readiness.

(5) A member with dependents who is assigned to quarters of the

United States or a housing facility under the jurisdiction of a

uniformed service may be paid the basic allowance for housing if,

because of orders of competent authority, the dependents are

prevented from occupying those quarters.

(f) Ineligibility During Initial Field Duty or Sea Duty. - (1) A

member of a uniformed service without dependents who makes a

permanent change of station for assignment to a unit conducting

field operations is not entitled to a basic allowance for housing

while on that initial field duty unless the commanding officer of

the member certifies that the member was necessarily required to

procure quarters at the member's expense.

(2)(A) Except as provided in subparagraphs (B) and (C), a member

of a uniformed service without dependents who is in a pay grade

below pay grade E-6 is not entitled to a basic allowance for

housing while the member is on sea duty.

(B) Under regulations prescribed by the Secretary concerned, the

Secretary may authorize the payment of a basic allowance for

housing to a member of a uniformed service without dependents who

is serving in pay grade E-4 or E-5 and is assigned to sea duty. In

prescribing regulations under this subparagraph, the Secretary

concerned shall consider the availability of quarters for members

serving in pay grades E-4 and E-5.

(C) Notwithstanding section 421 of this title, two members of the

uniformed services in a pay grade below pay grade E-6 who are

married to each other, have no other dependents, and are

simultaneously assigned to sea duty are jointly entitled to one

basic allowance for housing during the period of such simultaneous

sea duty. The amount of the allowance shall be based on the without

dependents rate for the pay grade of the senior member of the

couple. However, this subparagraph shall not apply to a couple if

one or both of the members are entitled to a basic allowance for

housing under subparagraph (B).

(3) The Secretary of Defense, and the Secretary of Homeland

Security with respect to the Coast Guard when it is not operating

as a service in the Department of the Navy, shall prescribe

regulations defining the terms "field duty" and "sea duty" for

purposes of this section.

(g) Reserve Members. - (1) A member of a reserve component

without dependents who is called or ordered to active duty in

support of a contingency operation, or a retired member without

dependents who is ordered to active duty under section 688(a) of

title 10 in support of a contingency operation, may not be denied a

basic allowance for housing if, because of that call or order, the

member is unable to continue to occupy a residence -

(A) which is maintained as the primary residence of the member

at the time of the call or order; and

(B) which is owned by the member or for which the member is

responsible for rental payments.

(2) Paragraph (1) shall not apply if the member is authorized

transportation of household goods under section 406 of this title

as part of the call or order to active duty described in such

paragraph.

(3) The Secretary of Defense shall establish a rate of basic

allowance for housing to be paid to a member of a reserve component

while the member serves on active duty under a call or order to

active duty specifying a period of less than 140 days, unless the

call or order to active duty is in support of a contingency

operation.

(h) Rental of Public Quarters. - Notwithstanding any other law

(including those restricting the occupancy of housing facilities

under the jurisdiction of a department or agency of the United

States by members, and their dependents, of the armed forces above

specified grades, or by members, and their dependents, of the

National Oceanic and Atmospheric Administration and the Public

Health Service), a member of a uniformed service, and the

dependents of the member, may be accepted as tenants in, and may

occupy on a rental basis, any of those housing facilities, other

than public quarters constructed or designated for assignment to an

occupancy without charge by such a member and the dependents of the

member, if any. Such a member may not, because of occupancy under

this subsection, be deprived of any money allowance to which the

member is otherwise entitled for the rental of quarters.

(i) Temporary Housing Allowance While in Travel or Leave Status.

- A member of a uniformed service is entitled to a temporary basic

allowance for housing (at a rate determined by the Secretary of

Defense) while the member is in a travel or leave status between

permanent duty stations, including time granted as delay en route

or proceed time, when the member is not assigned to quarters of the

United States.

(j) Aviation Cadets. - The eligibility of an aviation cadet of

the Navy, Air Force, Marine Corps, or Coast Guard for a basic

allowance for housing shall be determined as if the aviation cadet

were a member of the uniformed services in pay grade E-4.

(k) Administration. - (1) The Secretary of Defense shall

prescribe regulations for the administration of this section.

(2) The Secretary concerned may make such determinations as may

be necessary to administer this section, including determinations

of dependency and relationship. When warranted by the

circumstances, the Secretary concerned may reconsider and change or

modify any such determination. The authority of the Secretary

concerned under this subsection may be delegated. Any determination

made under this section with regard to a member of the uniformed

services is final and is not subject to review by any accounting

officer of the United States or a court, unless there is fraud or

gross negligence.

(3) Parking facilities (including utility connections) provided

members of the uniformed services for house trailers and mobile

homes not owned by the Government shall not be considered to be

quarters for the purposes of this section or any other provision of

law. Any fees established by the Government for the use of such a

facility shall be established in an amount sufficient to cover the

cost of maintenance, services, and utilities and to amortize the

cost of construction of the facility over the 25-year period

beginning with the completion of such construction.

(l) Temporary Continuation of Allowance for Dependents of Members

Dying on Active Duty. - (1) The Secretary of Defense, or the

Secretary of Homeland Security in the case of the Coast Guard when

not operating as a service in the Navy, may allow the dependents of

a member of the armed forces who dies on active duty and whose

dependents are occupying family housing provided by the Department

of Defense, or by the Department of Homeland Security in the case

of the Coast Guard, other than on a rental basis on the date of the

member's death to continue to occupy such housing without charge

for a period of 180 days.

(2) The Secretary concerned may pay a basic allowance for housing

(at the rate that is payable for members of the same grade and

dependency status as the deceased member for the area where the

dependents are residing) to the dependents of a member of the

uniformed services who dies while on active duty and whose

dependents -

(A) are not occupying a housing facility under the jurisdiction

of a uniformed service on the date of the member's death;

(B) are occupying such housing on a rental basis on such date;

or

(C) vacate such housing sooner than 180 days after the date of

the member's death.

(3) The payment of the allowance under paragraph (2) shall

terminate 180 days after the date of the member's death.

(m) Members Paying Child Support. - (1) A member of a uniformed

service with dependents may not be paid a basic allowance for

housing at the with dependents rate solely by reason of the payment

of child support by the member if -

(A) the member is assigned to a housing facility under the

jurisdiction of a uniformed service; or

(B) the member is assigned to sea duty, and elects not to

occupy assigned quarters for unaccompanied personnel, unless the

member is in a pay grade above E-3.

(2) A member of a uniformed service assigned to quarters of the

United States or a housing facility under the jurisdiction of a

uniformed service who is not otherwise authorized a basic allowance

for housing and who pays child support is entitled to the basic

allowance for housing differential, except for months for which the

amount payable for the child support is less than the rate of the

differential. Payment of a basic allowance for housing differential

does not affect any entitlement of the member to a partial

allowance for quarters under subsection (n).

(3) The basic allowance for housing differential to which a

member is entitled under paragraph (2) is the amount equal to the

difference between -

(A) the rate of the basic allowance for quarters (with

dependents) for the member's pay grade, as such rate was in

effect on December 31, 1997, under this section (as in effect on

that date); and

(B) the rate of the basic allowance for quarters (without

dependents) for the member's pay grade, as such rate was in

effect on December 31, 1997, under this section (as in effect on

that date).

(4) Whenever the rates of basic pay for members of the uniformed

services are increased, the monthly amount of the basic allowance

for housing differential computed under paragraph (3) shall be

increased by the average percentage increase in the rates of basic

pay. The effective date of the increase shall be the same date as

the effective date of the increase in the rates of basic pay.

(5) In the case of two members, who have one or more common

dependents (and no others), who are not married to each other, and

one of whom pays child support to the other, the amount of the

basic allowance for housing paid to each member under this section

shall be reduced in accordance with regulations prescribed by the

Secretary of Defense. The total amount of the basic allowances for

housing paid to the two members may not exceed the sum of the

amounts of the allowance to which each member would be otherwise

entitled under this section.

(n) Partial Allowance for Members Without Dependents. - (1) A

member of a uniformed service without dependents who is not

entitled to receive a basic allowance for housing under subsection

(b), (c), or (d) is entitled to a partial basic allowance for

housing at a rate determined by the Secretary of Defense under

paragraph (2).

(2) The rate of the partial basic allowance for housing is the

partial rate of the basic allowance for quarters for the member's

pay grade as such partial rate was in effect on December 31, 1997,

under section 1009(c)(2) of this title (as such section was in

effect on such date).

(o) Treatment of Low-Cost and No-Cost Moves as Not Being

Reassignments. - In the case of a member who is assigned to duty at

a location or under circumstances that make it necessary for the

member to be reassigned under the conditions of low-cost or no-cost

permanent change of station or permanent change of assignment, the

member may be treated for the purposes of this section as if the

member were not reassigned if the Secretary concerned determines

that it would be inequitable to base the member's entitlement to,

and amount of, a basic allowance for housing on the cost of housing

in the area to which the member is reassigned.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 470; Pub. L. 88-132, Sec.

10, Oct. 2, 1963, 77 Stat. 216; Pub. L. 89-718, Secs. 49(a)(1), 54,

Nov. 2, 1966, 80 Stat. 1121, 1122; Pub. L. 90-207, Sec. 1(3), Dec.

16, 1967, 81 Stat. 651; Pub. L. 92-129, title II, Sec. 204, Sept.

28, 1971, 85 Stat. 358; Pub. L. 93-64, title I, Sec. 105, July 9,

1973, 87 Stat. 148; Pub. L. 93-419, Sec. 3(6), Sept. 19, 1974, 88

Stat. 1152; Pub. L. 96-343, Sec. 4(a)(1), (2), Sept. 8, 1980, 94

Stat. 1125; Pub. L. 96-513, title V, Sec. 516(10), Dec. 12, 1980,

94 Stat. 2938; Pub. L. 96-579, Secs. 6(a)-(c), 7, Dec. 23, 1980, 94

Stat. 3367, 3368; Pub. L. 97-22, Sec. 11(b)(2), July 10, 1981, 95

Stat. 138; Pub. L. 98-94, title IX, Sec. 907(a), Sept. 24, 1983, 97

Stat. 637; Pub. L. 98-525, title VI, Secs. 602(c), 604(a), Oct. 19,

1984, 98 Stat. 2534, 2537; Pub. L. 99-145, title VI, Secs. 604(a),

605(a), title VIII, Sec. 809(b), title XIII, Sec. 1303(b)(6), Nov.

8, 1985, 99 Stat. 638, 681, 740; Pub. L. 99-227, Sec. 1, Dec. 28,

1985, 99 Stat. 1745; Pub. L. 100-26, Sec. 8(d)(5), Apr. 21, 1987,

101 Stat. 285; Pub. L. 102-25, title VII, Sec. 702(b)(1), (c), Apr.

6, 1991, 105 Stat. 117; Pub. L. 102-190, div. A, title VI, Secs.

602(a), 604(a), 632(a), Dec. 5, 1991, 105 Stat. 1373, 1374, 1380;

Pub. L. 103-337, div. A, title VI, Sec. 604(a), (b), Oct. 5, 1994,

108 Stat. 2782; Pub. L. 104-106, div. A, title VI, Secs. 603(a),

604(a), Feb. 10, 1996, 110 Stat. 357, 358; Pub. L. 104-201, div. A,

title VI, Secs. 604(a)-(c), 605, Sept. 23, 1996, 110 Stat. 2540,

2541; Pub. L. 105-85, div. A, title VI, Sec. 603(a), Nov. 18, 1997,

111 Stat. 1775; Pub. L. 105-261, div. A, title VI, Sec. 603(a),

Oct. 17, 1998, 112 Stat. 2037; Pub. L. 106-398, Sec. 1 [[div. A],

title VI, Secs. 605(a)-(d), 607, 608, title X, Sec. 1087(b)(2)],

Oct. 30, 2000, 114 Stat. 1654, 1654A-147 to 1654A-149, 1654A-292;

Pub. L. 107-107, div. A, title VI, Sec. 605(a), Dec. 28, 2001, 115

Stat. 1134; Pub. L. 107-296, title XVII, Sec. 1704(c), Nov. 25,

2002, 116 Stat. 2314; Pub. L. 107-314, div. A, title VI, Sec. 602,

Dec. 2, 2002, 116 Stat. 2566.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

403(a) 37:252(a). Oct. 12, 1949, ch. 681,

Sec. 302(a)-(f), 63

Stat. 812; May 19, 1952,

ch. 310, Sec. 1(b), (c),

66 Stat. 79; May 20,

1958, Pub. L. 85-422,

Sec. 1(9), 72 Stat. 127.

403(b)

403(c)

403(d)

37:252(f).

37:252(b).

37:252(c).

37:252(d).

403(e) 37:111a. July 2, 1945, ch. 227,

59 Stat. 316.

403(f) 37:320. June 29, 1950, ch. 405,

Sec. 102, 64 Stat. 288.

403(g)

37:252(e).

--------------------------------------------------------------------

In subsection (a), the words "at the following monthly rates" are

substituted for the words "in such amount and under such

circumstances as are provided in this section". Section 252(f)

(words before table) of existing title 37 is omitted as surplusage.

In subsections (b), (d), and (e), the words "United States" are

substituted for the word "Government".

In subsection (c), the words "a period" are substituted for the

words "temporary periods".

In subsection (e), the words "member" and "members" are

substituted for the word "personnel".

In subsection (f), the words "may be used" are substituted for

the words "shall be available". The words "for any periods after

June 29, 1950," are omitted as executed. The words "(as defined in

sections 231(g) and 252 of this title)" are omitted as covered by

section 401 of this revised title.

In subsection (g), the word "including" is substituted for the

words "and such regulations shall include, but not be limited to".

AMENDMENTS

2002 - Subsec. (b)(7). Pub. L. 107-314, Sec. 602(1), redesignated

par. (7) as subsec. (o).

Subsecs. (f)(3), (l)(1). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation" wherever appearing.

Subsec. (o). Pub. L. 107-314 redesignated subsec. (b)(7) as

subsec. (o), inserted heading, substituted "In the case of a member

who is assigned to duty at a location or under circumstances that

make it necessary for the member to be" for "In the case of a

member who is assigned to duty inside the United States, the

location or the circumstances of which make it necessary that the

member be", and inserted "for the purposes of this section" after

"may be treated".

2001 - Subsec. (i). Pub. L. 107-107 struck out "who is in a pay

grade E-4 (4 or more years of service) or above" after "A member of

a uniformed service".

2000 - Subsec. (b)(1). Pub. L. 106-398, Sec. 1 [[div. A], title

VI, Sec. 605(a)(3)], added par. (1). Former par. (1) redesignated

(2).

Subsec. (b)(2). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

607(a)], inserted at end "After June 30, 2001, the Secretary may

not differentiate between members with dependents in pay grades E-1

through E-4 in determining what constitutes adequate housing for

members."

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 605(a)(1),

(2)], redesignated par. (1) as (2) and struck out former par. (2)

which read as follows: "Subject to paragraph (3), the monthly

amount of a basic allowance for housing for an area of the United

States for a member of a uniformed service is equal to the

difference between -

"(A) the monthly cost of adequate housing in that area, as

determined by the Secretary of Defense, for members of the

uniformed services serving in the same pay grade and with the

same dependency status as the member; and

"(B) 15 percent of the national average monthly cost of

adequate housing in the United States, as determined by the

Secretary, for members of the uniformed services serving in the

same pay grade and with the same dependency status as the

member."

Subsec. (b)(3). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

605(b)], added par. (3) and struck out former par. (3) which read

as follows: "The rates of basic allowance for housing shall be

reduced as necessary to comply with this paragraph. The total

amount that may be paid for a fiscal year for the basic allowance

for housing under this subsection is the product of -

"(A) the total amount authorized to be paid for such allowance

for the preceding fiscal year (as adjusted under paragraph (5));

and

"(B) a fraction -

"(i) the numerator of which is the index of the national

average monthly cost of housing for June of the preceding

fiscal year; and

"(ii) the denominator of which is the index of the national

average monthly cost of housing for June of the fiscal year

before the preceding fiscal year."

Subsec. (b)(5). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

607(b)], added par. (5).

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 605(b)(1)],

struck out par. (5) which read as follows: "In making a

determination under paragraph (3) for a fiscal year, the amount

authorized to be paid for the preceding fiscal year for the basic

allowance for housing shall be adjusted to reflect changes during

the year for which the determination is made in the number, grade

distribution, geographic distribution in the United States, and

dependency status of members of the uniformed services entitled to

the allowance from the number of such members during the preceding

fiscal year."

Subsec. (b)(6). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

605(c)(1)], struck out ", changes in the national average monthly

cost of housing," after "housing costs in the area".

Subsec. (b)(7). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

605(c)(2)], struck out "without dependents" after "In the case of a

member".

Subsec. (d)(3). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

605(d)], added par. (3) and struck out former par. (3) which read

as follows: "In the case of a member with dependents who is

assigned to duty at a location or under circumstances that, as

determined by the Secretary concerned, require the member's

dependents to reside at a different location, the member shall

receive a basic allowance for housing, as provided in subsection

(a) or (b), as if the member were assigned to duty in the area in

which the dependents reside, regardless of whether the member

resides in quarters of the United States or is also entitled to a

family separation basic allowance for housing by reason of

paragraph (1)."

Subsec. (f)(2)(B). Pub. L. 106-398, Sec. 1 [[div. A], title VI,

Sec. 608(a)], substituted "E-4 or E-5" for "E-5" in first sentence

and "grades E-4 and E-5" for "grade E-5" in second sentence.

Subsec. (f)(3). Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec.

1087(b)(2)], substituted "regulations" for "regulation".

Subsec. (m)(1)(B). Pub. L. 106-398, Sec. 1 [[div. A], title VI,

Sec. 608(b)], substituted "E-3" for "E-4".

1998 - Subsec. (c)(3). Pub. L. 105-261 added par. (3).

1997 - Pub. L. 105-85 amended section generally. Prior to

amendment, section consisted of subsecs. (a) to (m) relating to

basic allowances for quarters.

1996 - Subsec. (b). Pub. L. 104-106, Sec. 603(a), designated

first sentence as par. (1), designated second sentence as par. (2)

and substituted "Subject" for "However, subject", and added par.

(3).

Subsec. (b)(3). Pub. L. 104-201, Sec. 605, substituted "Subject

to the provisions of subsection (j), a member" for "A member".

Subsec. (c)(2). Pub. L. 104-201, Sec. 604(a)-(c), designated

first sentence as subpar. (A) and substituted "Except as provided

in subparagraphs (B) and (C), a member" for "A member", added

subpars. (B) and (C), and struck out former second sentence which

read as follows: "A member of a uniformed service without

dependents who is in a pay grade above E-5 who is assigned to sea

duty under a permanent change of station is not entitled to a basic

allowance for quarters if the unit to which the member is ordered

is deployed and the permanent station of the unit is different than

the permanent station from which the member is reporting."

Pub. L. 104-106, Sec. 604(a), substituted "E-6" for "E-7" in

first sentence and "E-5" for "E-6" in second sentence.

1994 - Subsec. (l). Pub. L. 103-337 substituted "180 days" for

"90 days" wherever appearing.

1991 - Subsec. (a). Pub. L. 102-190, Sec. 604(a)(1), designated

existing provisions as par. (1) and added par. (2).

Subsec. (b). Pub. L. 102-25, Sec. 702(b)(1), struck out "of this

section" after "subsection (j)".

Subsec. (d). Pub. L. 102-190, Sec. 632(a), designated existing

provisions as par. (1) and added par. (2).

Subsec. (j)(1). Pub. L. 102-190, Sec. 604(a)(2), substituted

"Secretary of Defense shall" for "President may".

Subsec. (j)(2). Pub. L. 102-25, Sec. 702(b)(1), struck out "of

this section" after "subsection (b)".

Subsec. (m). Pub. L. 102-190, Sec. 602(a), added subsec. (m).

1987 - Subsec. (l)(1). Pub. L. 100-26 substituted "armed forces"

for "Armed Forces".

1985 - Subsec. (a). Pub. L. 99-145, Sec. 1303(b)(6), inserted "or

as otherwise prescribed by law" after "of this title".

Pub. L. 99-145, Sec. 604(a), inserted provision permitting the

allowance authorized by this section to be paid in advance.

Subsec. (c)(1). Pub. L. 99-145, Sec. 605(a)(1), substituted "who

makes a permanent change of station for assignment to a unit

conducting field operations is not entitled to a basic allowance

for quarters while on that initial field duty" for "is not entitled

to a basic allowance for quarters while he is on field duty".

Subsec. (c)(2). Pub. L. 99-145, Sec. 605(a)(2), substituted "who

is assigned to sea duty under a permanent change of station is not

entitled to a basic allowance for quarters if the unit to which the

member is ordered is deployed and the permanent station of the unit

is different than the permanent station from which the member is

reporting" for "and who is on sea duty is not entitled to a basic

allowance for quarters while the unit to which he is assigned is

deployed for a period in excess of 90 days".

Subsec. (c)(3). Pub. L. 99-145, Sec. 605(a)(3), struck out par.

(3) which provided that for purposes of this subsection, duty for a

period of less than three months was not considered to be field

duty or sea duty.

Subsec. (k). Pub. L. 99-145, Sec. 809(b), substituted "25-year

period" for "15-year period".

Subsec. (l). Pub. L. 99-227 added subsec. (l).

1984 - Pub. L. 98-525, Sec. 602(c)(2), struck out "; variable

housing allowance" in section catchline.

Subsec. (a). Pub. L. 98-525, Sec. 602(c)(1), struck out

designation for par. (1) preceding "Except as otherwise provided by

law" and struck out par. (2) which related to variable housing

allowances.

Subsec. (j)(2). Pub. L. 98-525, Sec. 604(a), inserted reference

to training missions.

1983 - Subsec. (a)(2)(A), (D). Pub. L. 98-94 substituted "Except

as provided in subparagraph (D) of this paragraph, a member" for "A

member" at beginning of subpar. (A), and added subpar. (D).

1981 - Subsec. (b). Pub. L. 97-22 substituted "pay grade E-6" for

"pay grade F-6".

1980 - Pub. L. 96-343, Sec. 4(a)(2), substituted "for quarters;

variable housing allowance" for "for quarters" in section

catchline.

Subsec. (a). Pub. L. 96-343, Sec. 4(a)(1), designated existing

provisions as par. (1) and added par. (2).

Subsec. (b). Pub. L. 96-579, Sec. 6(a)(1), (2), substituted in

second sentence "subject to the provisions of subsection (j)" for

"except as provided by regulations prescribed under subsection

(j)", "member" for "commissioned officer", and "F-6" for "C-3".

Because "C-3" did not appear in this subsection, "F-6" was

substituted for "O-3" as the probable intent of Congress.

Subsec. (c). Pub. L. 96-579, Sec. 6(b), reenacted existing text

in provisions designated as pars. (1) and (3), and substituted par.

(2) respecting nonentitlement to basic allowance for quarters when

on sea duty for member of a uniformed service in pay grade below

E-7 or above E-6 for prior nonentitlement provision for such member

when on sea duty.

Subsec. (e). Pub. L. 96-513, Sec. 516(10)(A), substituted

"National Oceanic and Atmospheric Administration" for

"Environmental Science Services Administration".

Subsec. (j). Pub. L. 96-579, Sec. 6(c), designated existing

provisions as par. (1) and added par. (2).

Pub. L. 96-513, Sec. 516(10)(B), substituted "terms" for "words".

Subsec. (k). Pub. L. 96-579, Sec. 7, added subsec. (k).

1974 - Subsec. (a). Pub. L. 93-419 substituted reference to

section 1009 of this title for provisions setting out in tables the

rates of basic allowance for quarters for members of uniformed

services.

1973 - Subsec. (a). Pub. L. 93-64, Sec. 105(1), (2), substituted

in table provisions reading:

"E-4 $81.60 $121.50

E-3 72.30 105.00

E-2 63.90 105.00

E-1 60.00 105.00"

for former provisions reading:

"E-4 (over 4 years' service) 81.60 121.50

E-4 (4 years' or less service) 45.00 45.00

E-3 45.00 45.00

E-2 45.00 45.00

E-1 45.00 45.00"

--------------------------------------------------------------------

and struck out "A member in pay grade E-4 (less than four years'

service), E-3, E-2, or E-1 is considered at all times to be without

dependents.".

Subsec. (b). Pub. L. 93-64, Sec. 105(3), in second sentence

substituted reference to subsection "(j)" for "(g)".

Subsecs. (g) to (j). Pub. L. 93-64, Sec. 105(4), (5), added

subsecs. (g) to (i) and redesignated former subsec. (g) as (j).

1971 - Subsec. (a). Pub. L. 92-129 increased quarters allowances

as shown in table. Prior to this amendment the table was set out as

follows:

"Pay grade Without With

dependents dependents

--------------------------------------------------------------------

O-10 $160.20 $201.00

O-9 160.20 201.00

O-8 160.20 201.00

O-7 160.20 201.00

O-6 140.10 170.10

O-5 130.20 157.50

O-4 120.00 145.05

O-3 105.00 130.05

O-2 95.10 120.00

O-1 85.20 110.10

W-4 120.00 145.05

W-3 105.00 130.05

W-2 95.10 120.00

W-1 85.20 110.10

E-9 85.20 120.00

E-8 85.20 120.00

E-7 75.00 114.90

E-6 70.20 110.10

E-5 70.20 105.00

E-4 (over 4 years' service) 70.20 105.00

E-4 (4 years' or less service) 45.00 45.00

E-3 45.00 45.00

E-2 45.00 45.00

E-1 45.00 45.00"

--------------------------------------------------------------------

1967 - Subsec. (f). Pub. L. 90-207 substituted provisions

authorizing the payment of a basic allowance for quarters to a

member of a uniformed service without dependents who is in pay

grade E-4 (four or more years' service) or above for the period he

is in a travel or leave status between permanent duty stations for

provisions which precluded the payment of a basic allowance for

quarters to a member of a uniformed service without dependents

while in a permanent change of station status.

1966 - Subsec. (a). Pub. L. 89-718 increased the quarters

allowances as shown on the table. Prior to this amendment the table

was set out as follows:

"Pay grade Without With

dependents dependents

--------------------------------------------------------------------

O-10 $171.00 $136.80

O-9 171.00 136.80

O-8 171.00 136.80

O-7 171.00 136.80

O-6 136.80 119.70

O-5 136.80 102.60

O-4 119.70 94.20

O-3 102.60 85.50

O-2 94.20 77.10

O-1 85.50 68.40

W-4 119.70 94.20

W-3 102.60 85.50

W-2 94.20 77.10

W-1 85.50 68.40

E-9 67.50 45.00

E-8 67.50 45.00

E-7 67.50 45.00

E-6 67.50 45.00

E-5 67.50 45.00

E-4 (7 or more years' service 67.50 45.00

creditable under section 205)

E-4 (less than 7 years' 45.00 45.00

service creditable under

section 205)

E-3 45.00 45.00

E-2 45.00 45.00

E-1 45.00 45.00"

--------------------------------------------------------------------

Subsec. (e). Pub. L. 89-718 substituted "Environmental Science

Services Administration" for "Coast and Geodetic Survey".

1963 - Subsec. (b). Pub. L. 88-132 authorized election by certain

officers without dependents not to occupy government quarters.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title VI, Sec. 605(b), Dec. 28, 2001,

115 Stat. 1134, provided that: "The amendment made by this section

[amending this section] shall take effect on January 1, 2003, and

apply to members of the uniformed services in a travel or leave

status between permanent duty stations on or after that date."

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 605(f)], Oct.

30, 2000, 114 Stat. 1654, 1654A-148, provided that:

"(1) The amendments made by this section [amending this section

and provisions set out as a note below] shall take effect on

October 1, 2000.

"(2) In the case of the amendment made by subsection (c)(2)

[amending this section], the amendment shall apply with respect to

pay periods beginning on and after October 1, 2000, for a member of

the uniformed services covered by the provision of law so amended

regardless of the date on which the member was first reassigned to

duty under the conditions of a low-cost or no-cost permanent change

of station or permanent change of assignment.

"(3) In the case of the amendment made by subsection (d)

[amending this section], the amendment shall apply with respect to

pay periods beginning on and after October 1, 2000, for a member of

the uniformed services covered by the provision of law so amended

regardless of the date on which the member was first assigned to

duty in an area that is different from the area in which the

member's dependents reside."

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-261, div. A, title VI, Sec. 603(c), Oct. 17, 1998,

112 Stat. 2037, provided that: "The reimbursement authority

provided by section 403(c)(3)(B) of title 37, United States Code,

as added by subsection (a), applies with respect to losses relating

to housing that are sustained, on or after July 1, 1997, by a

member of the uniformed services as a result of fluctuations in the

relative value of the currencies of the United States and the

foreign country in which the housing is located."

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-85 effective Jan. 1, 1998, see section

603(e) of Pub. L. 105-85, set out as a note under section 5561 of

Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1996 AMENDMENTS

Section 604(e) of Pub. L. 104-201 provided that: "The amendments

made by this section [amending this section and section 403a of

this title] shall take effect on July 1, 1997."

Section 603(b) of Pub. L. 104-106 provided that: "The amendments

made by this section [amending this section] shall take effect on

July 1, 1996."

Section 604(b) of Pub. L. 104-106 provided that: "The amendments

made by this section [amending this section] shall take effect on

July 1, 1996."

EFFECTIVE DATE OF 1994 AMENDMENT

Section 604(c) of Pub. L. 103-337 provided that: "The amendments

made by this section [amending this section] shall take effect as

of October 1, 1993."

EFFECTIVE DATE OF 1991 AMENDMENT

Section 604(c) of Pub. L. 102-190 provided that: "The amendments

made by this section [amending this section and section 403a of

this title] shall take effect six months after the date of the

enactment of this Act [Dec. 5, 1991]."

Section 632(b) of Pub. L. 102-190 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect on

the date of the enactment of this Act [Dec. 5, 1991] and shall

apply to calls or orders of members of the reserve components of

the Armed Forces to active duty on or after that date."

EFFECTIVE DATE OF 1985 AMENDMENTS

Section 2 of Pub. L. 99-227 provided that: "The amendments made

by section 1 of this Act [amending this section] shall take effect

December 12, 1985, and shall apply only with respect to housing for

and payment of an allowance for quarters to dependents of members

of the uniformed services who died on or after that date."

Section 604(c) of Pub. L. 99-145 provided that: "The amendments

made by this section [amending this section and section 403a of

this title] shall take effect on October 1, 1985."

Section 605(b) of Pub. L. 99-145 provided that:

"(1) The amendments made by paragraphs (1) and (2) of subsection

(a) [amending this section] shall take effect on October 1, 1985.

"(2) The amendment made by paragraph (3) of subsection (a)

[amending this section] shall take effect on January 1, 1986."

Amendment by section 809(b) of Pub. L. 99-145 effective Oct. 1,

1985, see section 813 of Pub. L. 99-145, formerly set out in a

Military Family Policy and Programs note under section 113 of Title

10, Armed Forces.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 602(f) of Pub. L. 98-525, as amended by Pub. L. 99-145,

title VI, Sec. 603(b), Nov. 8, 1985, 99 Stat. 637; Pub. L. 99-661,

div. A, title XIII, Sec. 1342(b), Nov. 14, 1986, 100 Stat. 3991,

provided that:

"(1) Except as provided in paragraph (2), the amendments made by

this section [enacting section 403a of this title, amending this

section, section 405 of this title, section 7572 of Title 10, Armed

Forces, and provisions set out as a note under this section, and

enacting provisions set out as a note under this section] shall

take effect on January 1, 1985.

"(2)(A) A member shall be entitled to receive a station housing

allowance under section 405 of title 37, United States Code, as if

the amendments made by subsection (e) [amending section 405 of this

title] had not been enacted, if the member, on the date of the

enactment of the Department of Defense Authorization Act, 1986

[Nov. 8, 1985] -

"(i) is assigned to a permanent duty station in Alaska or

Hawaii; and

"(ii) is entitled to payment of a temporary lodging allowance

or a station housing allowance under section 405 of such title.

"(B) A member who is entitled to a station housing allowance by

reason of subparagraph (A) shall only be entitled to such allowance

until the earlier of -

"(i) the date on which the member changes residence in

conjunction with a permanent change of duty station; or

"(ii) the expiration of the four-year period beginning on the

date of the enactment of the Department of Defense Authorization

Act, 1986 [Nov. 8, 1985].

"(C) A member who is entitled to a station housing allowance by

reason of subparagraph (A) shall not be entitled to a variable

housing allowance, except that such a member serving an

unaccompanied tour of duty in Alaska or Hawaii may be paid a

variable housing allowance based on the residence of the member's

dependents in another State.

"(3) For the period beginning on January 1, 1985, and ending on

September 30, 1985, the limitation applicable under subsection

(d)(1) of section 403a of title 37, United States Code (as added by

subsection (d)), on the total amount that may be paid during a

fiscal year for the variable housing allowance authorized members

of the uniformed services by that section shall be 15 percent of

the median annual costs of housing in the United States for members

of the uniformed services as measured during fiscal year 1984. In

determining for the purposes of clause (A) of such subsection the

total amount authorized to be paid for such allowance for fiscal

year 1985, such amount shall be determined as if the amendments

made by this section took effect on October 1, 1984."

[Amendment of this note by Pub. L. 99-661 effective Nov. 14,

1986, see section 1342(h)(1) of Pub. L. 99-661, set out as an

Effective Date of 1986 Amendment note under section 301 of this

title.]

Section 604(b) of Pub. L. 98-525 provided that: "The amendment

made by subsection (a) [amending this section] shall apply only

with respect to members making an election under section 403(b) of

title 37, United States Code, after September 30, 1984."

EFFECTIVE DATE OF 1983 AMENDMENT

Section 907(b) of Pub. L. 98-94 provided that: "The amendments

made by subsection (a) [amending this section] shall apply only

with respect to members called or ordered to active duty after

September 30, 1983."

EFFECTIVE DATE OF 1981 AMENDMENT

Section 11(b)(2) of Pub. L. 97-22 provided that the amendment

made by that section is effective Oct. 1, 1980.

EFFECTIVE DATE OF 1980 AMENDMENTS

Section 6(d) of Pub. L. 96-579 provided that: "The amendments

made by this section [amending this section] shall only apply to

payment of basic allowance for quarters for months after September

1980."

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

Title 10, Armed Forces.

Section 4(b) of Pub. L. 96-343 provided that: "Paragraph (2) of

section 403(a) of title 37, United States Code, as added by

subsection (a), shall take effect on September 30, 1981."

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-419 effective Sept. 19, 1974, see section

9 of Pub. L. 93-419, set out as an Effective Date note under

section 1009 of this title.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-64 effective July 1, 1973, see section

206 of Pub. L. 93-64, set out as a note under section 401 of this

title.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-129 effective Oct. 1, 1971, see section

209 of Pub. L. 92-129, set out as an Effective Date note under

section 302a of this title.

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 1963 AMENDMENT

Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section

14 of Pub. L. 88-132, set out as a note under section 201 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service, transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government

Organization and Employees. Secretary of Health, Education, and

Welfare redesignated Secretary of Health and Human Services by

section 3508(b) of Title 20, Education.

-MISC2-

MINIMUM RATES OF BASIC ALLOWANCE; ANNUAL LIMITATION

Pub. L. 106-246, div. B, title I, Sec. 101(a), (b), July 13,

2000, 114 Stat. 528, provided that:

"(a) Minimum Rates of Basic Allowance for Housing for Members of

the Uniformed Services. - During the period beginning on January 1,

2000, and ending on September 30, 2001 (or such earlier date as the

Secretary of Defense considers appropriate), a member of the

uniformed services entitled to a basic allowance for housing for a

military housing area in the United States shall be paid the

allowance at a monthly rate not less than the rate in effect on

December 31, 1999, in that area for members serving in the same pay

grade and with the same dependency status as the member.

"(b) Annual Limitation on Allowance. - In light of the rates for

the basic allowance for housing authorized by subsection (a), the

Secretary of Defense may exceed the limitation on the total amount

paid during fiscal year 2000 and 2001 for the basic allowance for

housing in the United States otherwise applicable under section

403(b)(3) of title 37, United States Code."

TRANSITION TO BASIC ALLOWANCE FOR HOUSING

Pub. L. 105-85, div. A, title VI, Sec. 603(b), Nov. 18, 1997, 111

Stat. 1781, as amended by Pub. L. 106-398, Sec. 1 [[div. A], title

VI, Sec. 605(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A-148,

provided that: "The Secretary of Defense shall develop and

implement a plan to incrementally manage the rate of growth of the

various components of the basic allowance for housing authorized by

section 403 of title 37, United States Code (as amended by

subsection (a)), during a transition period of not more than eight

years. During the transition period, the Secretary may continue to

use the authorities provided under sections 403, 403a, 405(b), and

427(a) of title 37, United States Code (as in effect on the day

before the date of the enactment of this Act [Nov. 18, 1997]), but

subject to such modifications as the Secretary considers necessary,

to provide allowances for members of the uniformed services."

EXCEPTION TO LIMITATION ON AMOUNT OF BASIC ALLOWANCE FOR QUARTERS

FOR MEMBERS RECEIVING ALLOWANCE DUE TO PAYMENT OF CHILD SUPPORT

Section 602(b) of Pub. L. 102-190 provided that subsec. (m) of

this section, as added by section 602(a) of Pub. L. 102-190,

temporarily was not to apply with respect to a member of a

uniformed service assigned to quarters of the United States or a

housing facility under the jurisdiction of a uniformed service who,

on the day before Dec. 5, 1991, was entitled to receive a basic

allowance for quarters solely by reason of the member's payment of

child support.

ACTIVE DUTY IN CONNECTION WITH OPERATION DESERT STORM

Section 310A of Pub. L. 102-25 provided that, during the period

beginning on Aug. 2, 1990, and ending on the first day of the first

month beginning on or after the date 180 days after the end of the

Persian Gulf conflict, a member of a reserve component of the

uniformed services without dependents who was called or ordered to

active duty in connection with Operation Desert Storm was to be

entitled to a basic allowance for quarters under this section if,

because of the call or order, the member was unable to continue to

occupy a residence maintained as the primary residence of the

member at the time of the call or order, and owned by the member or

for which the member was responsible for rental payments.

INCREASE IN BASIC ALLOWANCE FOR QUARTERS EFFECTIVE JANUARY 1, 1989

Pub. L. 100-456, div. A, title VI, Sec. 601(c), Sept. 29, 1988,

102 Stat. 1976, provided that the rates of basic allowance for

quarters for members of the uniformed services were increased by 7

percent effective on Jan. 1, 1989, and authorized the President to

allocate the increase among pay grades and dependency categories,

and the Secretary of Defense to establish separate rates of basic

allowance for quarters for commissioned officers credited with over

four years of active service as enlisted members or warrant

officers.

MINIMUM RATE OF QUARTERS ALLOWANCE SET AT RATE AS OF DECEMBER 31,

1984

Pub. L. 99-190, Sec. 101(b) [title VIII, Sec. 8088], Dec. 19,

1985, 99 Stat. 1185, 1216, provided that effective Jan. 1, 1985,

the rate of the basic allowance for quarters authorized by subsec.

(a) of this section which was payable to a member of the uniformed

services who was entitled to that allowance on Dec. 31, 1984, was

not to be less than the rate of the basic allowance for quarters

that was in effect for that member on Dec. 31, 1984, with certain

exceptions.

BASIC ALLOWANCE FOR QUARTERS AND VARIABLE HOUSING ALLOWANCE

Section 602(a) of Pub. L. 98-525, as amended by Pub. L. 99-661,

div. A, title XIII, Sec. 1341(a), Nov. 14, 1986, 100 Stat. 3990,

revised, effective Jan. 1, 1985, the rates of the basic allowance

for quarters authorized by subsec. (a)(1) of this section and

provided that, during the period beginning on Jan. 1, 1985, and

ending on the effective date of a change made by law in the rates

of basic allowance for quarters that increased the rates for such

allowance to a level not less than 7 percent greater than the rates

in effect on Jan. 1, 1985, the rate of the basic allowance for

quarters authorized by subsec. (a)(1) of this section which was

payable to a member of the uniformed services who was entitled to

that allowance during such period and who was entitled to that

allowance on Dec. 31, 1984, was not to be less than the rate of the

basic allowance for quarters that was in effect for that member on

Dec. 31, 1984, with certain exceptions.

FREEZE OF VARIABLE HOUSING ALLOWANCE AT FISCAL YEAR 1983 RATES

Section 906 of Pub. L. 98-94, as amended by Pub. L. 98-525, title

VI, Sec. 602(b)(2), Oct. 19, 1984, 98 Stat. 2534, provided that

during the period beginning on Oct. 1, 1983, and ending on Jan. 1,

1985, the rates at which the variable housing allowance under

subsec. (a)(2) of this section was paid was to be the same as the

rates in effect on Sept. 30, 1983.

VARIABLE HOUSING ALLOWANCE DURING FISCAL YEAR 1981; AMOUNT;

REGULATIONS

Section 4(c) of Pub. L. 96-343 provided that during fiscal year

1981, a member of a uniformed service entitled to basic allowance

for quarters under this section could be paid a variable housing

allowance whenever assigned to duty in an area of the United States

(other than Alaska and Hawaii) which was a high housing cost area

with respect to such member, and a member with dependents who was

assigned to an unaccompanied tour of duty outside the United States

could be paid a variable housing allowance while serving such tour

of duty for any period during which the member's dependents resided

in an area of the United States which would qualify the member to

receive a variable housing allowance if assigned to duty in that

area.

PAY CONTINUATION

Amendment of this section by Pub. L. 92-129 not to reduce the pay

to which any member of the uniformed services was entitled on June

30, 1971, see section 210 of Pub. L. 92-129, set out as a note

under section 203 of this title.

1962 INCREASE IN QUARTERS ALLOWANCE

Act Oct. 12, 1949, ch. 681, title III, Sec. 302(f), 63 Stat. 812,

as amended by Pub. L. 87-531, Sec. 1, July 10, 1962, 76 Stat. 152,

which had provided for increases in quarters allowances without

amending subsec. (a) of this section through the device of

effecting an amendment to section 302(f) of the Career Compensation

Act of 1949, was repealed by section 75(5) of Pub. L. 89-718 except

with respect to rights and duties that matured, penalties that were

incurred, and proceedings that were begun before November 2, 1966.

The substance of these quarters allowance increases were

incorporated into the text of this section through the amendment of

subsec. (a) of this section by Pub. L. 89-718.

ENLISTED MEMBERS WITHOUT DEPENDENTS

Act Oct. 12, 1949, ch. 681, title III, 302(g), 63 Stat. 812,

which provided that enlisted members without dependents shall be

entitled to a basic allowance for quarters at the rate of $51.30

per month, was repealed by Pub. L. 87-531, Sec. 2, July 10, 1962,

76 Stat. 152. Laws effective after Jan. 9, 1962, that are

inconsistent with Pub. L. 87-649, to be considered as superseding

Pub. L. 87-649 to the extent of the inconsistency, see section

12(a) of Pub. L. 87-649, set out as a note preceding section 101 of

this title.

AUTHORITY OF SECRETARIES WITH RESPECT TO PAYMENT OF QUARTERS

ALLOWANCES

Pub. L. 87-531, Sec. 5, July 10, 1962, 76 Stat. 153, provided

that: "The Secretaries of the departments concerned shall have the

same authority with respect to payments of quarters allowances to

enlisted members of the uniformed services to pay grades E-4 (over

4 years' service) through E-9 that they have with respect to

enlisted members of the uniformed services in pay grades E-1, E-2,

E-3, and E-4 (4 years' or less service) under sections 10 and 11 of

the Dependents Assistance Act of 1950 (50 App. U.S.C. 2210, 2211)."

-EXEC-

EXECUTIVE ORDER NO. 10204

Ex. Ord. No. 10204, Jan. 16, 1951, 16 F.R. 417, as amended by Ex.

Ord. No. 11120, Oct. 2, 1963, 28 F.R. 10631; Ex. Ord. No. 11146,

Mar. 13, 1964, 29 F.R. 3417, which related to regulations governing

basic allowances for quarters, was revoked by Ex. Ord. No. 11157,

June 22, 1964, 29 F.R. 7973, set out as a note under section 301 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 402a, 404, 406, 420,

1003, 1009 of this title; title 10 sections 708, 2828, 2830, 2881a,

2882, 2883a, 7573; title 14 section 686; title 32 section 107;

title 42 sections 1758, 1786; title 50 App. section 454.

-End-

-CITE-

37 USC Sec. 403a 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

[Sec. 403a. Repealed. Pub. L. 105-85, div. A, title VI, Sec.

603(c)(1), Nov. 18, 1997, 111 Stat. 1781]

-MISC1-

Section, added Pub. L. 98-525, title VI, Sec. 602(d)(1), Oct. 19,

1984, 98 Stat. 2534; amended Pub. L. 99-145, title VI, Secs.

602(a)-(d), 604(b), Nov. 8, 1985, 99 Stat. 636-638; Pub. L. 100-26,

Sec. 8(e)(8), Apr. 21, 1987, 101 Stat. 286; Pub. L. 101-189, div.

A, title VI, Sec. 602(a), Nov. 29, 1989, 103 Stat. 1445; Pub. L.

101-510, div. A, title VI, Sec. 602, Nov. 5, 1990, 104 Stat. 1575;

Pub. L. 102-25, title VII, Sec. 702(b)(1), (2), (c), Apr. 6, 1991,

105 Stat. 117; Pub. L. 102-190, div. A, title VI, Secs. 603,

604(b), 633, Dec. 5, 1991, 105 Stat. 1373, 1374, 1381; Pub. L.

103-160, div. A, title VI, Sec. 604, Nov. 30, 1993, 107 Stat. 1679;

Pub. L. 104-106, div. A, title VI, Sec. 605(a)(1), (b), Feb. 10,

1996, 110 Stat. 358; Pub. L. 104-201, div. A, title VI, Secs.

604(d), 606(a)-(d), Sept. 23, 1996, 110 Stat. 2541, 2542, related

to variable housing allowances.

EFFECTIVE DATE OF REPEAL

Repeal effective Jan. 1, 1998, see section 603(e) of Pub. L.

105-85, set out as an Effective Date of 1997 Amendment note under

section 5561 of Title 5, Government Organization and Employees.

-End-

-CITE-

37 USC Sec. 403b 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 403b. Cost-of-living allowance in the continental United

States

-STATUTE-

(a) Payment Authorized. - The Secretary concerned may pay a

cost-of-living allowance to the eligible members of a uniformed

service under the jurisdiction of the Secretary.

(b) Eligible Members. - The following members are eligible to

receive a cost-of-living allowance under this section:

(1) A member assigned to a high cost area in the continental

United States.

(2) A member assigned to an unaccompanied tour of duty outside

the continental United States if the primary dependent of the

member resides in a high cost area in the continental United

States.

(3) A member assigned to duty in the continental United States

if the Secretary of the uniformed service concerned determines

that -

(A) the primary dependent of the member must reside in a high

cost area in the continental United States by reason of the

member's duty location or other circumstances; and

(B) it would be inequitable for the member's eligibility for

the allowance to be determined on the basis of the duty

location of the member.

(c) High Cost Area Defined. - An area is a high cost area for a

fiscal year for purposes of this section if the uniformed services

cost of living for that area for the base period exceeds the

average cost of living in the continental United States for such

base period by at least the threshold percentage. The Secretary of

Defense, in consultation with the other administering Secretaries,

shall establish the threshold percentage, except that the threshold

percentage may not be less than 8 percent. The administering

Secretaries shall prescribe a higher threshold percentage to be

applied for a fiscal year when it is necessary to do so in order to

ensure that the total amount of the payments of the cost-of-living

allowance made to members of the uniformed services under this

section for such fiscal year does not exceed the total amount

available to all uniformed services for that fiscal year for paying

such allowance.

(d) Amount of Allowance. - The cost-of-living allowance that may

be paid to a member for a high cost area for a fiscal year shall be

the amount that is equal to the product of -

(1) the amount of the average spendable income determined

applicable for the regular military compensation level of such

member under subsection (g); and

(2) the percentage equal to the excess of -

(A) the percentage by which the uniformed services cost of

living for the member's high cost area for the base period

exceeds the average cost of living in the continental United

States for such base period, over

(B) the threshold percentage applicable to such fiscal year

under subsection (c).

(e) Limitation to One Allowance. - If primary dependents of a

member reside separately in different high cost areas -

(1) the member may be paid only one cost-of-living allowance

under this section; and

(2) the cost-of-living allowance payable to the member shall be

the highest of the amounts computed under this section for such

high cost areas.

(f) Service Not Covered. - (1) A cost-of-living allowance may not

be paid a member under this section for the days authorized for

travel of the member in connection with a permanent change of duty

station.

(2) A member of a reserve component is not eligible for a

cost-of-living allowance under this section unless the member is on

active duty under a call or order to active duty that -

(A) specifies a period of 140 days or more; or

(B) states that the call or order to active duty is in support

of a contingency operation.

(g) Average Spendable Income. - The Secretary of Defense shall

determine, using a methodology and assumptions that the Secretary

considers appropriate, the amounts of average spendable income of

members of the uniformed services for various ranges of regular

military compensation. For purposes of this subsection, spendable

income is the total amount of regular military compensation that is

available for purchase of goods and services after allocation of

amounts for taxes, insurance, housing, gifts and contributions, and

savings.

(h) Joint Regulations. - The Secretary of Defense and the other

administering Secretaries shall jointly prescribe regulations to

carry out this section.

(i) Other Definitions. - In this section:

(1) The term "primary dependent", with respect to a member,

means -

(A) the member's spouse; or

(B) in the case of an unmarried member, a dependent described

in paragraph (2) or (4) of section 401(a) of this title.

(2) The term "cost of living" means a price index selected by

the Secretary of Defense, in consultation with the other

administering Secretaries, from among the following indices:

(A) The Consumer Price Index (all items-United States city

average) published monthly by the Bureau of Labor Statistics.

(B) Any other index developed in the private sector that the

Secretary of Defense, in consultation with the other

administering Secretaries, determines is comparable to the

Consumer Price Index and is appropriate for use for purposes of

this section.

(3) The term "uniformed services cost of living" means the

price index selected as described in paragraph (2) and adjusted

as the Secretary of Defense, in consultation with the other

administering Secretaries, considers appropriate to reflect

variations between expenses of members of the uniformed services

(as offset by the basic allowance for subsistence) and the

corresponding expenses of persons not members of the uniformed

services with regard to the following:

(A) Nonhousing costs (including costs of transportation,

goods, and services, taking into consideration savings

attributable to use of such military facilities as commissary

stores and exchange stores).

(B) Average income tax paid.

(C) Cost of health care.

(4) The term "base period", with respect to a fiscal year,

means the 12-month period ending on June 30 of the year in which

such fiscal year begins.

(5) The term "administering Secretaries" means the following:

(A) The Secretary of Defense, with respect to the armed

forces (other than the Coast Guard when it is not operating as

a service in the Navy).

(B) The Secretary of Homeland Security, with respect to the

Coast Guard when it is not operating as a service in the Navy.

(C) The Secretary of Commerce, with respect to the National

Oceanic and Atmospheric Administration.

(D) The Secretary of Health and Human Services, with respect

to the Public Health Service.

-SOURCE-

(Added Pub. L. 103-337, div. A, title VI, Sec. 602(a)(1), Oct. 5,

1994, 108 Stat. 2779; amended Pub. L. 107-296, title XVII, Sec.

1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107-314, div. A,

title VI, Sec. 654(b)(2), Dec. 2, 2002, 116 Stat. 2582.)

-MISC1-

AMENDMENTS

2002 - Subsec. (i)(5)(B). Pub. L. 107-296 substituted "of

Homeland Security" for "of Transportation".

Subsec. (i)(6). Pub. L. 107-314 struck out par. (6) which read as

follows: "The term 'continental United States' means the 48

contiguous States and the District of Columbia."

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC2-

CONDITIONS ON PROVISION OF ALLOWANCE

Section 602(b) of Pub. L. 103-337 provided that:

"(1) A cost-of-living allowance under section 403b of title 37,

United States Code, as added by subsection (a), may not be provided

until after the end of the 90-day period beginning on the date the

Secretary of Defense submits the report required under paragraph

(2).

"(2) Before implementing section 403b of title 37, United States

Code, the Secretary of Defense, in consultation with the other

administering Secretaries (as defined in subsection (h)(6)

[probably should be (i)(5)] of such section), shall submit to

Congress a report describing -

"(A) the methods by which the Secretary of Defense would

determine the price index to be used under such section and the

types of nonhousing related costs that will be considered under

such price index;

"(B) the manner by which the Secretary will establish the

threshold percentage for purposes of such section;

"(C) the manner in which savings attributable to use of such

military facilities as commissary stores, exchange stores, and

military medical treatment facilities will be taken into

consideration; and

"(D) the methods by which the Secretary proposes to prevent

uncontrolled growth in Government expenditures through the

cost-of-living allowance available under such section."

[Report submitted by Secretary of Defense on Mar. 31, 1995.]

-End-

-CITE-

37 USC Sec. 404 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 404. Travel and transportation allowances: general

-STATUTE-

(a) Except as provided in subsection (f) and under regulations

prescribed by the Secretaries concerned, a member of a uniformed

service is entitled to travel and transportation allowances for

travel performed or to be performed under orders, without regard to

the comparative costs of the various modes of transportation -

(1) upon a change of permanent station, or otherwise, or when

away from his designated post of duty regardless of the length of

time he is away from that post;

(2) upon appointment, call to active duty, enlistment, or

induction, from his home or from the place from which called or

ordered to active duty to his first station;

(3) upon separation from the service, placement on the

temporary disability retired list, release from active duty, or

retirement, from his last duty station to his home or the place

from which he was called or ordered to active duty, whether or

not he is or will be a member of a uniformed service at the time

the travel is or will be performed;

(4) when away from home to perform duty, including duty by a

member of the Army National Guard of the United States or the Air

National Guard of the United States, as the case may be, in his

status as a member of the National Guard, for which he is

entitled to, or has waived, pay under this title; and

(5) when not on active duty, if assigned to a Reserve school,

and attending a reserve training meeting for the purpose of

performing duties as an instructor at such meeting, if such

meeting is 100 or more miles from the site at which the member

would attend paid drills of the Reserve school to which he is

assigned.

(b)(1) The Secretaries concerned may prescribe -

(A) the conditions under which travel and transportation

allowances are authorized, including advance payments thereof;

and

(B) the allowances for the kinds of travel, but not more than

the amounts authorized in this section.

(2) In prescribing such conditions and allowances, the

Secretaries concerned shall provide that a member who is performing

travel under orders away from his designated post of duty and who

is authorized a per diem under clause (2) of subsection (d) shall

be paid for the meals portion of that per diem in a cash amount at

a rate that is not less than the rate established under section

1011(a) of this title for meals sold to members. The preceding

sentence shall not apply with respect to a member on field duty or

sea duty (as defined in regulations prescribed under section

403(f)(3) of this title) or a member of a unit with respect to

which the Secretary concerned has determined that unit messing is

essential to the accomplishment of the unit's training and

readiness.

(c)(1) Under uniform regulations prescribed by the Secretaries

concerned and as provided in paragraph (2), a member who -

(A) is retired, or is placed on the temporary disability

retired list, under chapter 61 of title 10;

(B) is retired with pay under any other law, or, immediately

following at least eight years of continuous active duty with no

single break therein or more than 90 days, is discharged with

separation pay or severance pay or is involuntarily released from

active duty with separation pay or readjustment pay; or

(C) is involuntarily separated from active duty during the

period beginning on October 1, 1990, and ending on December 31,

2001,

may, not later than one year from the date he is so retired, placed

on that list, involuntarily separated, discharged, or released,

except as prescribed in regulations by the Secretaries concerned,

select his home for the purposes of the travel and transportation

allowances authorized by subsection (a).

(2) A member authorized under paragraph (1) to select a home for

the purposes of such allowances may select as his home -

(A) any place within the United States;

(B) the place outside the United States from which the member

was called or ordered to active duty to his first duty station;

or

(C) any other place.

However, if the member selects as his home a place other than a

place described in clause (A) or (B) of the preceding sentence, the

travel and transportation allowances authorized by subsection (a)

may not exceed the allowances which would be payable if the place

selected as his home were in the United States (other than Hawaii

or Alaska).

(d)(1) The travel and transportation allowances authorized for

each kind of travel may not be more than one of the following:

(A) Transportation in kind, reimbursement therefor, or, under

regulations prescribed by the Secretaries concerned, when travel

by privately owned conveyance is authorized or approved as more

advantageous to the Government, a monetary allowance in place of

the cost of transportation, at the rates provided in section 5704

of title 5.

(B) Transportation in kind, reimbursement therefor, or a

monetary allowance as provided in subparagraph (A), plus a

payment in lieu of subsistence as provided in paragraph (2) in an

amount sufficient to meet normal and necessary expenses in the

area to which travel is performed.

(C) A mileage allowance at a rate per mile prescribed by the

Secretaries concerned and based on distances established under

subparagraph (A).

(2) Under regulations prescribed by the Secretaries concerned, a

member of a uniformed service entitled to travel and transportation

allowances under subsection (a) is entitled to any of the

following:

(A) A per diem allowance at a rate not to exceed that

established by the Secretaries concerned.

(B) Reimbursement for the actual and necessary expenses of

official travel not to exceed an amount established by the

Secretaries concerned.

(C) A combination of payments described in subparagraphs (A)

and (B).

(3) A per diem allowance or maximum amount of reimbursement

established for purposes of paragraph (2) shall be established, to

the extent feasible, by locality.

(4) For travel consuming less than a full day, the payment

prescribed by regulation under paragraph (2) shall be allocated in

such manner as the Secretaries concerned prescribe.

(5) Effective January 1, 2003, the per diem rates established

under paragraph (2)(A) for travel performed in connection with a

change of permanent station or for travel described in paragraph

(2) or (3) of subsection (a) shall be equal to the standard per

diem rates established in the Federal travel regulation for travel

within the continental United States of civilian employees and

their dependents, unless the Secretaries concerned determine that a

higher rate for members is more appropriate.

(e) A member who is on duty with, or is undergoing training for,

the Air Mobility Command, the Marine Corps Transport Squadrons, the

Fleet Tactical Support Squadrons, the Naval Aircraft Ferrying

Squadrons, or any other unit determined by the Secretary concerned

to be performing duties similar to the duties performed by such

command or squadrons, and who is away from his permanent station,

may be paid a per diem in lieu of subsistence in an amount not more

than the amount to which he would be entitled if he were performing

travel in connection with temporary duty without, in either case,

the issuance of orders for specific travel.

(f)(1) The travel and transportation allowances authorized under

this section for a member who is separated from the service or

released from active duty may be paid or provided only for travel

actually performed.

(2)(A) Except as provided in subparagraph (B), a member who is

separated from the service or released from active duty and who -

(i) on the date of his separation from the service or release

from active duty, has not served on active duty for a period of

time equal to at least 90 percent of the period of time for which

he initially enlisted or otherwise initially agreed to serve; or

(ii) is separated from the service or released from active duty

under other than honorable conditions, as determined by the

Secretary concerned;

may be provided travel and transportation under this section only

by transportation in kind by the least expensive mode of

transportation available or by a monetary allowance that does not

exceed the cost to the Government of such transportation in kind.

(B) Subparagraph (A) does not apply to a member -

(i) who is retired, or is placed on the temporary disability

retired list, under chapter 61 of title 10;

(ii) who is separated from the service or released from active

duty for a medical condition affecting the member, as determined

by the Secretary concerned;

(iii) who is separated from the service or released from active

duty because the period of time for which the member initially

enlisted or otherwise initially agreed to serve has been reduced

by the Secretary concerned and is separated or released under

honorable conditions;

(iv) who is discharged under section 1173 of title 10; or

(v) who is involuntarily separated from active duty during the

period beginning on October 1, 1990, and ending on December 31,

2001.

(3) For purposes of entitlement to per diem in place of

subsistence under subsection (d)(2), a member shall not be

considered under subsection (a)(1) to be performing travel under

orders away from his designated post of duty if such member -

(A) is an enlisted member serving his first tour of active

duty;

(B) has not actually reported to a permanent duty station

pursuant to orders directing such assignment; and

(C) is not actually traveling between stations pursuant to

orders directing a change of station.

(g)(1) Subject to paragraph (2), a member of the armed forces

accompanying a Member of Congress or a congressional employee on

official travel may be authorized reimbursement for actual travel

and transportation expenses incurred for such travel.

(2) The reimbursement authorized in paragraph (1) may be paid -

(A) at a rate that does not exceed the rate approved for

official congressional travel; and

(B) only when the travel of the member is directed or approved

by the Secretary of Defense or the Secretary concerned.

(3) In this subsection:

(A) The term "Member of Congress" means a member of the Senate

or the House of Representatives, a Delegate to the House of

Representatives, and the Resident Commissioner from Puerto Rico.

(B) The term "congressional employee" means an employee of a

Member of Congress or an employee of Congress.

(h) Under uniform regulations prescribed by the Secretaries

concerned, a member of a uniformed service entitled to travel and

transportation allowances under subsection (a) is entitled to

reimbursement for parking fees, ferry fares, and bridge, road, and

tunnel tolls actually incurred incident to such travel.

(i)(1) In the case of a member of a reserve component performing

active duty for training or inactive-duty training who is not

otherwise entitled to travel and transportation allowances in

connection with such duty under subsection (a), the Secretary

concerned may reimburse the member for housing service charge

expenses incurred by the member in occupying transient government

housing during the performance of such duty. If transient

government housing is unavailable or inadequate, the Secretary

concerned may provide the member with lodging in kind in the same

manner as members entitled to such allowances under subsection (a).

(2) Any payment or other benefit under this subsection shall be

provided in accordance with regulations prescribed by the

Secretaries concerned.

(3) The Secretary may pay service charge expenses under paragraph

(1) and expenses of providing lodging in kind under such paragraph

out of funds appropriated for operation and maintenance for the

reserve component concerned. Use of Government charge cards is

authorized for payment of these expenses.

(4) Decisions regarding the availability or adequacy of

government housing at a military installation under paragraph (1)

shall be made by the installation commander.

(j) In this section, the term "involuntarily separated" has the

meaning given that term in section 1141 of title 10.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 472; Pub. L. 89-680, Sec.

1(1), Oct. 15, 1966, 80 Stat. 957; Pub. L. 89-718, Secs. 55, 56,

Nov. 2, 1966, 80 Stat. 1122, 1123; Pub. L. 90-168, Sec. 3, Dec. 1,

1967, 81 Stat. 525; Pub. L. 91-183, Dec. 30, 1969, 83 Stat. 840;

Pub. L. 94-296, Sec. 1, May 29, 1976, 90 Stat. 584; Pub. L. 96-342,

title VIII, Sec. 807(a), Sept. 8, 1980, 94 Stat. 1096; Pub. L.

96-343, Sec. 5(a), Sept. 8, 1980, 94 Stat. 1126; Pub. L. 97-60,

title I, Sec. 121(a), Oct. 14, 1981, 95 Stat. 999; Pub. L. 98-94,

title IX, Sec. 908(b), Sept. 24, 1983, 97 Stat. 637; Pub. L.

98-525, title V, Sec. 533(g), title VI, Sec. 613(a), title XIV,

Sec. 1402(c), Oct. 19, 1984, 98 Stat. 2528, 2539, 2621; Pub. L.

99-145, title VI, Sec. 612(a), Nov. 8, 1985, 99 Stat. 639; Pub. L.

99-500, Sec. 101(c) [title IX, Sec. 9073], Oct. 18, 1986, 100 Stat.

1783-82, 1783-113, and Pub. L. 99-591, Sec. 101(c) [title IX, Sec.

9073], Oct. 30, 1986, 100 Stat. 3341-82, 3341-113; Pub. L. 99-661,

div. A, title VI, Sec. 614(a), title XIII, Sec. 1343(b)(2), Nov.

14, 1986, 100 Stat. 3879, 3995; Pub. L. 100-26, Sec. 8(a), (d)(6),

Apr. 21, 1987, 101 Stat. 284, 285; Pub. L. 100-180, div. A, title

VI, Sec. 617(a), Dec. 4, 1987, 101 Stat. 1096; Pub. L. 101-189,

div. A, title VI, Sec. 621(a), Nov. 29, 1989, 103 Stat. 1446; Pub.

L. 101-510, div. A, title V, Sec. 503(a), Nov. 5, 1990, 104 Stat.

1558; Pub. L. 102-25, title VII, Sec. 702(b)(1)-(3), (c), Apr. 6,

1991, 105 Stat. 117; Pub. L. 102-484, div. A, title VI, Sec. 624,

Oct. 23, 1992, 106 Stat. 2423; Pub. L. 103-160, div. A, title V,

Sec. 561(l)(1), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 103-337,

div. A, title VI, Secs. 621, 622, Oct. 5, 1994, 108 Stat. 2784;

Pub. L. 104-106, div. A, title VI, Sec. 621, Feb. 10, 1996, 110

Stat. 363; Pub. L. 104-201, div. A, title XII, Sec. 1252, Sept. 23,

1996, 110 Stat. 2698; Pub. L. 105-85, div. A, title VI, Sec.

602(b)(1), Nov. 18, 1997, 111 Stat. 1772; Pub. L. 105-261, div. A,

title V, Sec. 561(f), Oct. 17, 1998, 112 Stat. 2025; Pub. L.

106-65, div. A, title VI, Sec. 631, Oct. 5, 1999, 113 Stat. 661;

Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 571(f), title X,

Sec. 1087(b)(3)], Oct. 30, 2000, 114 Stat. 1654, 1654A-134,

1654A-292; Pub. L. 107-107, div. A, title VI, Sec. 631, Dec. 28,

2001, 115 Stat. 1143.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

404(a) 37:253(a) (1st and 3d Oct. 12, 1949, ch. 681,

sentences). Sec. 303(a), (d), 63

Stat. 813, 815; Mar. 31,

1955, ch. 20, Sec.

2(11), 69 Stat. 21; Aug.

11, 1955, ch. 806, Sec.

1, 69 Stat. 691; June

13, 1956, ch. 383, 70

Stat. 275; July 12,

1960, Pub. L. 86-638,

Sec. 1, 74 Stat. 471.

404(b)

404(c)

404(d)

404(e)

404(f)

37:253(a) (4th sentence).

37:253(a) (2d sentence).

37:253(a) (last sentence,

less proviso).

37:253(d).

37:253(a) (proviso of

last sentence).

--------------------------------------------------------------------

In subsection (a), the words "that post" are substituted for the

words "such designated posts of duty". In clauses (2) and (3), the

words "called or" are inserted to conform to the second phrase of

clause (2). The word "competent" is omitted as surplusage.

In subsection (b), the words "The Secretaries concerned" are

substituted for the words "The respective Secretaries concerned" to

conform to other subsections of the source statute.

In subsection (c)(1), the words "under chapter 61 of title 10"

are inserted for clarity. In clause (2), the words "under any other

law" are substituted for the words "for any other reason".

In subsection (d), the words "may not be more than one of the

following" are substituted for the words "shall be limited to one

of the following". The words "or to be established" and "existing"

are omitted, since this section, being permanent law, is

consistently applicable in the present and does not speak only as

of the date of its enactment. The words "of the Army" are

substituted for the words "Department of the Army" after the words

"Chief of Finance" to conform to section 3036(a)(5) of title 10.

The words "under clause (1) of this subsection" are substituted for

the words "pursuant to existing law".

In subsection (e), the words "Fleet Logistic Air Wings" are

substituted for the words "Fleet Logistics Support Unit" to reflect

present terminology.

In subsection (f), the words "under this section" are substituted

for the words "under conditions authorized herein". The words "on

the member's" are inserted for clarity.

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

Amendment of section by Pub. L. 99-500 and Pub. L. 99-591 is

based on section 615(a) of S. 2638, Ninety-ninth Congress, as

passed by the Senate on Aug. 9, 1986, which was enacted into

permanent law by Pub. L. 99-500 and Pub. L. 99-591. S. 2638 was

subsequently enacted as Pub. L. 99-661.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in subsec. (g) of this section were

contained in the following appropriations acts:

Oct. 12, 1984, Pub. L. 98-473, title I, Sec. 101(h) [title VIII,

Sec. 8053], 98 Stat. 1904, 1933.

Dec. 8, 1983, Pub. L. 98-212, title VII, Sec. 761, 97 Stat. 1449.

Dec. 21, 1982, Pub. L. 97-377, title I, Sec. 101(c) [title VII,

Sec. 767], 96 Stat. 1833, 1861.

Dec. 29, 1981, Pub. L. 97-114, title VII, Sec. 771, 95 Stat.

1590.

AMENDMENTS

2001 - Subsec. (d)(5). Pub. L. 107-107 added par. (5).

2000 - Subsec. (b)(2). Pub. L. 106-398, Sec. 1 [[div. A], title

X, Sec. 1087(b)(3)], substituted "section 403(f)(3)" for "section

402(e)".

Subsecs. (c)(1)(C), (f)(2)(B)(v). Pub. L. 106-398, Sec. 1 [[div.

A], title V, Sec. 571(f)], substituted "December 31, 2001" for

"September 30, 2001".

1999 - Subsec. (i)(1). Pub. L. 106-65, Sec. 631(a), inserted at

end "If transient government housing is unavailable or inadequate,

the Secretary concerned may provide the member with lodging in kind

in the same manner as members entitled to such allowances under

subsection (a)."

Subsec. (i)(3). Pub. L. 106-65, Sec. 631(b), inserted "and

expenses of providing lodging in kind under such paragraph" after

"paragraph (1)" and "Use of Government charge cards is authorized

for payment of these expenses." at end.

Subsec. (i)(4). Pub. L. 106-65, Sec. 631(c), added par. (4).

1998 - Subsecs. (c)(1)(C), (f)(2)(B)(v). Pub. L. 105-261

substituted "during the period beginning on October 1, 1990, and

ending on September 30, 2001" for "during the nine-year period

beginning on October 1, 1990".

1997 - Subsecs. (g) to (k). Pub. L. 105-85 redesignated subsecs.

(h) to (k) as (g) to (j), respectively, and struck out former

subsec. (g) which read as follows: "In the case of an enlisted

member who is in a travel status and not entitled to receive per

diem in lieu of subsistence for any day (or portion of a day)

because the member is furnished meals in a Government mess, the

member may not be paid a basic allowance for subsistence for such

day (or portion of such day) that the member is furnished meals in

a Government mess."

1996 - Subsec. (d)(1)(A). Pub. L. 104-106 struck out ", based on

distances established over the shortest usually traveled route,

under mileage tables prepared under the direction of the Secretary

of Defense" after "section 5704 of title 5".

Subsec. (j)(1). Pub. L. 104-201 substituted "active duty for

training" for "annual training duty".

1994 - Subsec. (d)(1)(A). Pub. L. 103-337, Sec. 621, substituted

"Secretary of Defense" for "Secretary of the Army".

Subsecs. (j), (k). Pub. L. 103-337, Sec. 622, added subsec. (j)

and redesignated former subsec. (j) as (k).

1993 - Subsecs. (c)(1)(C), (f)(2)(B)(v). Pub. L. 103-160

substituted "nine-year period" for "five-year period".

1992 - Subsec. (e). Pub. L. 102-484 substituted "Air Mobility

Command" for "Military Airlift Command" and "the Naval Aircraft

Ferrying Squadrons, or any other unit determined by the Secretary

concerned to be performing duties similar to the duties performed

by such command or squadrons," for "or the Naval Aircraft Ferrying

Squadrons,".

1991 - Pub. L. 102-25 struck out "of this section", "of this

subsection", and "of this paragraph" wherever appearing in subsecs.

(a) to (d) and (f).

1990 - Subsec. (c)(1). Pub. L. 101-510, Sec. 503(a)(1), added

subpar. (C) and inserted "involuntarily separated," after "placed

on that list," in concluding provisions.

Subsec. (f)(2)(B)(v). Pub. L. 101-510, Sec. 503(a)(2), added cl.

(v).

Subsec. (j). Pub. L. 101-510, Sec. 503(a)(3), added subsec. (j).

1989 - Subsec. (i). Pub. L. 101-189 added subsec. (i).

1987 - Subsec. (d). Pub. L. 100-26, Sec. 8(a), terminated

amendments by Pub. L. 99-500 and Pub. L. 99-591. See Termination of

Amendments by Public Laws 99-500 and 99-591 note below.

Subsec. (d)(1)(A). Pub. L. 100-26, Sec. 8(d)(6), substituted

"privately owned" for "privately-owned".

Subsec. (h). Pub. L. 100-180 added subsec. (h).

1986 - Subsec. (d). Pub. L. 99-500 and Pub. L. 99-591 substituted

"Subject to paragraph (2), transportation" for "Transportation" in

par. (1)(B) and "subparagraph (A) of this paragraph" for "clause

(1) of this subsection" in par. (1)(C) and added pars. (2), (4),

and (5), and redesignated former par. (2) as (3) and substituted

"Except as provided in paragraph (4) of this subsection and under"

for "Under". See Termination of Amendments by Public Laws 99-500

and 99-591 note below.

Subsec. (d)(1)(B). Pub. L. 99-661, Sec. 614(a)(1), (2),

substituted "payment in lieu of subsistence as provided in

paragraph (2) of this subsection in an amount sufficient" for "per

diem in place of subsistence in an amount not more than $50

determined by the Secretaries concerned to be sufficient" and

struck out "to be" after "travel is".

Subsec. (d)(1)(C). Pub. L. 99-661, Sec. 1343(b)(2), substituted

"subparagraph (A) of this paragraph" for "clause (1) of this

subsection".

Subsec. (d)(2) to (4). Pub. L. 99-661, Sec. 614(a)(3), added

pars. (2) to (4) and struck out former par. (2) which read as

follows: "Under regulations prescribed by the Secretaries

concerned, when either travel is to an area designated as a high

cost area in those regulations or the per diem of paragraph (1)(B)

of this subsection is less than the amount of the actual and

necessary expenses required by the unusual circumstances of the

travel assignment, reimbursement may be authorized for actual and

necessary expenses, but not for more than $75 for each day in a

travel status."

1985 - Subsec. (d). Pub. L. 99-145 substituted par. (1) for first

sentence, designated second sentence as par. (2), and in par. (2)

substituted "paragraph (1)(B)" for "clause (2)". Prior to

amendment, first sentence read as follows: "The travel and

transportation allowances authorized for each kind of travel may

not be more than one of the following -

"(1) transportation in kind, reimbursement therefor, or a

monetary allowance in place of the cost of transportation at a

rate per mile prescribed by the Secretaries concerned and based

on distances established, over the shortest usually traveled

route, under mileage tables prepared under the direction of the

Secretary of the Army;

"(2) transportation in kind, reimbursement therefor, or a

monetary allowance as provided by clause (1) of this subsection

plus a per diem in place of subsistence in an amount sufficient

to meet actual and necessary expenses, but in no event more than

$50 a day; or

"(3) a mileage allowance at a rate per mile prescribed by the

Secretaries concerned and based on distances established under

clause (1) of this subsection."

1984 - Subsec. (a)(5). Pub. L. 98-525, Sec. 613(a), added par.

(5).

Subsec. (c)(1)(B). Pub. L. 98-525, Sec. 533(g), inserted

"separation pay or" before "severance pay" and before "readjustment

pay".

Subsec. (g). Pub. L. 98-525, Sec. 1402(c), added subsec. (g).

1983 - Subsec. (f)(3). Pub. L. 98-94 added par. (3).

1981 - Subsec. (a). Pub. L. 97-60, Sec. 121(a)(1), substituted

"Except as provided in subsection (f) of this section and under

regulations" for "Under regulations".

Subsec. (b). Pub. L. 97-60, Sec. 121(a)(2), designated existing

provisions as par. (1), redesignated existing pars. (1) and (2) as

subpars. (A) and (B) of the newly designated par. (1), and added

par. (2).

Subsec. (c). Pub. L. 97-60, Sec. 121(a)(3), designated existing

provisions as par. (1) and existing pars. (1) and (2) as subpars.

(A) and (B) of the newly designated par. (1), inserted "and as

provided in paragraph (2) of this subsection" after "Secretaries

concerned" in provisions preceding newly designated subpar. (A),

and added par. (2).

Subsec. (f). Pub. L. 97-60, Sec. 121(a)(4), designated existing

provisions as par. (1), substituted "for a member who is separated

from the service or released from active duty may be paid or

provided only for travel actually performed" for "may be paid on

the member's separation from the service or release from active

duty, whether or not he performs the travel involved" in par. (1)

as so designated, and added par. (2).

1980 - Subsec. (d). Pub. L. 96-343, Sec. 5(a), substituted in

par. (1) "per mile prescribed by the Secretaries concerned and" for

"that is not more than 7 cents a mile", and in par. (3) "at a rate

per mile prescribed by the Secretaries concerned and" for "of not

more than 10 cents a mile".

Pub. L. 96-342 substituted in par. (2) "$50" for "$35" and in

provision following par. (3) "$75" for "$50".

1976 - Subsec. (d). Pub. L. 94-296 in cl. (2) substituted "in an

amount sufficient to meet actual and necessary expenses, but in no

event more than $35 a day" for "of not more than $25 a day", and in

text following cl. (3) inserted provisions relating to travel

designated as travel to a high cost area by the prescribed

regulations and increased the maximum reimbursement from $40 to

$50.

1969 - Pub. L. 91-183 increased from $16 to $25, the maximum per

diem allowance, and from $30 to $40, the maximum per diem allowance

in unusual circumstances.

1967 - Subsec. (a)(4). Pub. L. 90-168 added cl. (4).

1966 - Subsec. (c). Pub. L. 89-680 inserted into the

authorization for selection of a home for the purposes of the

travel and transportation allowances authorized by subsection (a)

of this section provisions requiring selection not later than one

year from the date of retirement, placement, discharge, or release,

except as provided in regulations to be prescribed by the

Secretaries concerned.

Subsec. (d). Pub. L. 89-718, Sec. 55, struck out reference to the

Chief of Finance of the Army in cl. (1), substituted "subsection"

for "section" and "$16" for "$12" in cl. (2), substituted

"subsection" for "section" in cl. (3), and inserted provision

authorizing reimbursement on an actual expenses basis where, due to

unusual circumstances of a travel assignment, per diem

reimbursement is not enough, but placing a limit of $30 for each

day in a travel status.

Subsec. (e). Pub. L. 89-718, Sec. 56, substituted "Military

Airlift Command" for "Military Air Transport Service".

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-85 effective Jan. 1, 1998, see section

602(g) of Pub. L. 105-85, set out as a note under section 402 of

this title.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 621(b) of Pub. L. 101-189 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to travel and transportation commenced after the date of

the enactment of this Act [Nov. 29, 1989]."

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-180 applicable with respect to travel

performed after Dec. 4, 1987, see section 617(c) of Pub. L.

100-180, set out as an Effective Date note under section 1591 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1986 AMENDMENTS

Section 612(b)(1) of Pub. L. 100-180 provided that: "The

amendments made by section 614(a) of the National Defense

Authorization Act for Fiscal Year 1987 [section 614(a) of Pub. L.

99-661, which amended this section] shall be implemented by the

Secretaries concerned (as defined in section 101(5) of title 37,

United States Code) not later than 90 days after the date of the

enactment of this Act [Dec. 4, 1987] and shall apply with respect

to travel performed on or after the date of implementation."

Section 614(b) of Pub. L. 99-661, which provided that amendments

made by section 614(a) of Pub. L. 99-661 shall become effective on

such date as the President makes a certification regarding savings

to the United States by such amendments, was repealed by Pub. L.

100-180, div. A, title VI, Sec. 612(a), Dec. 4, 1987, 101 Stat.

1093.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 612(c) of Pub. L. 99-145 provided that: "The amendments

made by this section [amending this section and section 406 of this

title] shall apply to travel performed after September 30, 1985."

EFFECTIVE DATE OF 1984 AMENDMENT

Section 613(b) of Pub. L. 98-525 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to travel performed after September 30, 1984."

Amendment by section 1402(c) of Pub. L. 98-525 effective Oct. 1,

1985, see section 1404 of Pub. L. 98-525, set out as a note under

section 520b of Title 10, Armed Forces.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 121(d) of Pub. L. 97-60 provided that:

"(1) Except as provided in paragraphs (2), (3), (4), and (5), the

amendments made by this section [amending this section and sections

405a and 406 of this title] shall take effect on November 1, 1981,

and shall apply to members who are separated from the service or

released from active duty on or after November 1, 1981.

"(2) Paragraph (2) of section 404(b) of title 37, United States

Code, as added by subsection (a)(2)(C), shall apply to travel

performed after October 31, 1981.

"(3) Paragraph (3) of section 406(a) of title 37, United States

Code, as added by subsection (b)(1)(C), shall take effect on the

date of the enactment of this Act [Oct. 14, 1981].

"(4) The amendments made by subsections (a)(3) and (b)(3)

[amending this section and section 406 of this title] shall take

effect on November 1, 1981, and shall apply to members who are

retired, placed on the temporary disability retired list,

discharged, or involuntarily released on or after November 1, 1981,

except that such amendments shall not apply to any member who

before November 1, 1981, had completed eighteen years of active

service.

"(5) The amendment made by subsection (b)(2)(C) [amending section

406 of this title] shall take effect on the date of the enactment

of this Act [Oct. 14, 1981]."

EFFECTIVE DATE OF 1980 AMENDMENTS

Section 5(c) of Pub. L. 96-343 provided that: "The amendments

made by this section [amending this section and section 411 of this

title] shall be effective with respect to travel and transportation

performed after August 31, 1980."

Section 807(b) of Pub. L. 96-342 provided that: "The amendments

made by subsection (a) [amending this section] shall only apply to

travel and transportation expenses incurred after September 30,

1980."

EFFECTIVE DATE OF 1976 AMENDMENT

Section 2 of Pub. L. 94-296 provided that: "The amendments made

by this Act [amending this section] become effective on the first

day of the first calendar month following the date of enactment

[May 29, 1976]."

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-168 effective on first day of first

calendar month following Dec. 1, 1967, see section 7 of Pub. L.

90-168, set out as a note under section 138 of Title 10, Armed

Forces.

TERMINATION OF AMENDMENTS BY PUBLIC LAWS 99-500 AND 99-591

Section 8(a) of Pub. L. 100-26, as amended by Pub. L. 100-180,

div. A, title VI, Sec. 612(b)(2), Dec. 4, 1987, 101 Stat. 1093,

provided that: "The amendments made to section 404(d) of title 37,

United States Code, by section 614(a) of the Defense Authorization

Act [section 614(a) of Pub. L. 99-661] shall be executed as if that

portion of section 9073 of the Defense Appropriations Act [section

101(c) [title IX, Sec. 9073] of Pub. L. 99-500 and Pub. L. 99-591,

enacting S.2638, Sec. 615, which amended subsec. (d) of this

section and enacted a provision set out as a note under this

section] which is before the proviso had not been enacted. Such

portion of section 9073 which is before the proviso shall not be in

effect after the date of the enactment of this Act [Apr. 21, 1987],

and the reference to 'this section' in such proviso shall be deemed

to refer to section 614 of the Defense Authorization Act."

TRANSMISSION OF CERTIFICATION OF TRAVEL AND TRANSPORTATION

ALLOWANCES TO CONGRESS WITH RESPECT TO FISCAL YEAR 1987

Section 615(b) of S. 2638, as passed by the Senate on Aug. 9,

1986, and as enacted into law by section 101(c) [title IX, Sec.

9073] of Pub. L. 99-500 and Pub. L. 99-591, related to transmission

to Congress by Secretary of Defense of certification of costs of

travel and transportation allowances for fiscal year 1987. See

Termination of Amendments by Public Laws 99-500 and 99-591 note

above.

INCREASE IN RATE PER MILE FOR MILEAGE ALLOWANCE

Pub. L. 98-473, title I, Sec. 101(h) [title VIII, Sec. 8113],

Oct. 12, 1984, 98 Stat. 1904, 1944, provided that: "The Secretaries

concerned (as defined in section 101(5) of title 37, United States

Code), under uniform regulations prescribed by them and to the

extent that funds are available within the permanent change of

station travel account, may increase the rate per mile for mileage

allowance under section 404(d)(2) of title 37, United States Code,

to 15 cents per mile."

1962 INCREASE IN PER DIEM RATES; REIMBURSEMENT FOR ACTUAL EXPENSES

INCIDENT TO TRAVEL

The increase from $12 to $16 in the per diem allowance and the

provision for reimbursement for actual expenses incident to travel

up to $30 per day provided in the amendment of subsec. (d) of this

section by Pub. L. 89-718 had already been put into effect by Pub.

L. 87-500, Secs. 1, 2, June 27, 1962, 76 Stat. 111, which although

not amending subsec. (d) of this section, had raised the per diem

allowance and provided for the reimbursement for actual expenses up

to $30 per day through the device of effecting an amendment to

section 303(a) of the Career Compensation Act of 1949, act Oct. 12,

1949, ch. 681, title III, 63 Stat. 813. Pub. L. 89-500 was repealed

by section 75(3) of Pub. L. 89-718, except with respect to rights

and duties that matured, penalties that were incurred, and

proceedings that were begun before November 2, 1966.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 404a, 406, 406a, 406b,

406c, 408, 410, 411, 411a, 411b, 411e, 420, 433, 1002, 1003 of this

title; title 5 section 4109; title 10 sections 1174a, 1175, 2013,

2784a.

-End-

-CITE-

37 USC Sec. 404a 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 404a. Travel and transportation allowances: temporary lodging

expenses

-STATUTE-

(a) Payment or Reimbursement of Subsistence Expenses. - (1) Under

regulations prescribed by the Secretaries concerned, a member of a

uniformed service who is ordered to make a change of permanent

station described in paragraph (2) shall be paid or reimbursed for

subsistence expenses of the member and the member's dependents for

the period (subject to subsection (c)) for which the member and

dependents occupy temporary quarters incident to that change of

permanent station.

(2) Paragraph (1) applies to the following:

(A) A permanent change of station from any duty station to a

duty station in the United States (other than Hawaii or Alaska).

(B) A permanent change of station from a duty station in the

United States (other than Hawaii or Alaska) to a duty station

outside the United States or in Hawaii or Alaska.

(C) In the case of a member who is reporting to the member's

first permanent duty station, the change from the member's home

of record or initial technical school to that first permanent

duty station.

(b) Payment in Advance. - The Secretary concerned may make any

payment for subsistence expenses to a member under this section in

advance of the member actually incurring the expenses. The amount

of an advance payment made to a member shall be computed on the

basis of the Secretary's determination of the average number of

days that members and their dependents occupy temporary quarters

under the circumstances applicable to the member and the member's

dependents.

(c) Maximum Payment Period. - (1) In the case of a change of

permanent station described in subparagraph (A) or (C) of

subsection (a)(2), the period for which subsistence expenses are to

be paid or reimbursed under this section may not exceed 10 days.

(2) In the case of a change of permanent station described in

subsection (a)(2)(B) -

(A) the period for which such expenses are to be paid or

reimbursed under this section may not exceed five days; and

(B) such payment or reimbursement may be provided only for

expenses incurred before leaving the United States (other than

Hawaii or Alaska).

(d) Daily Subsistence Rates. - Regulations prescribed under

subsection (a) shall prescribe average daily subsistence rates for

purposes of this section for the member and for each dependent.

Such rates may not exceed the maximum per diem rates prescribed

under section 404(d) of this title for the area where the temporary

quarters are located.

(e) Maximum Daily Payment. - A member may not be paid or

reimbursed more than $180 a day under this section.

-SOURCE-

(Added Pub. L. 97-60, title I, Sec. 122(a)(1), Oct. 14, 1981, 95

Stat. 1002; amended Pub. L. 99-145, title VI, Sec. 613(a), Nov. 8,

1985, 99 Stat. 640; Pub. L. 102-25, title VII, Sec. 702(b)(1), (2),

(c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102-484, div. A, title

VI, Sec. 621, Oct. 23, 1992, 106 Stat. 2422; Pub. L. 103-160, div.

A, title VI, Sec. 621(a), (b), Nov. 30, 1993, 107 Stat. 1682; Pub.

L. 106-65, div. A, title VI, Sec. 632, Oct. 5, 1999, 113 Stat. 661;

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 641(a), (c)],

Oct. 30, 2000, 114 Stat. 1654, 1654A-159, 1654A-161; Pub. L.

107-107, div. A, title VI, Sec. 632(a), (b), Dec. 28, 2001, 115

Stat. 1144.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(2)(C). Pub. L. 107-107, Sec. 632(a),

substituted "a member who" for "an enlisted member who".

Subsec. (e). Pub. L. 107-107, Sec. 632(b), substituted "$180" for

"$110".

2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title VI,

Sec. 641(a)(2)], added subsec. (a) and struck out former subsec.

(a) which provided that a member of a uniformed service who was

ordered to make certain changes of permanent station was to be paid

or reimbursed for subsistence expenses actually incurred by the

member and the member's dependents while occupying temporary

quarters.

Subsec. (b). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

641(a)(2)], added subsec. (b). Former subsec. (b) redesignated (d).

Subsec. (c). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

641(a)(2)], added subsec. (c). Former subsec. (c) redesignated (e).

Subsec. (d). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

641(a)(1), (c)(1)], redesignated subsec. (b) as (d) and inserted

heading.

Subsec. (e). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

641(a)(1), (c)(2)], redesignated subsec. (c) as (e) and inserted

heading.

1999 - Subsec. (a). Pub. L. 106-65 added par. (3) and substituted

"paragraph (1) or (3)" for "clause (1)" and "paragraph (2)" for

"clause (2)" in concluding provisions.

1993 - Subsec. (a). Pub. L. 103-160, Sec. 621(a), substituted "10

days" for "four days" in second sentence and "five days" for "two

days" in third sentence.

Subsec. (d). Pub. L. 103-160, Sec. 621(b), struck out subsec. (d)

which read as follows: "In the case of a member who is ordered to

make a change of permanent station described in subsection (a)(1)

during fiscal years 1993 through 1997, the Secretary concerned may

extend the period for which subsistence expenses incurred incident

to that change are paid or reimbursed to not more than 10 days if

the new duty station is in a geographical area where there is a

shortage of safe and affordable housing because of the arrival of

members of the armed forces in the area as part of the withdrawal

of members of the armed forces from duty stations outside the

United States, the closure or realignment of military

installations, or the restructuring or deactivation of military

units. The existence of such a shortage of safe and affordable

housing in an area shall be determined by the Secretary concerned."

1992 - Subsec. (d). Pub. L. 102-484 added subsec. (d).

1991 - Subsec. (a). Pub. L. 102-25, Sec. 702(b)(2), struck out

"of this subsection" after "clause (1)" and "clause (2)".

Subsec. (b). Pub. L. 102-25, Sec. 702(b)(1), struck out "of this

section" after "subsection (a)".

1985 - Subsec. (a). Pub. L. 99-145 substituted "shall" for "may"

in first sentence, and substituted "are to" for "may" the first

place it appears in second and third sentences.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title VI, Sec. 632(c), Dec. 28, 2001,

115 Stat. 1144, provided that: "The amendments made by this section

[amending this section] shall take effect on January 1, 2002, and

apply with respect to an order issued on or after that date to a

member of the uniformed services to report to the member's first

permanent duty station."

EFFECTIVE DATE OF 1993 AMENDMENT

Section 621(c) of Pub. L. 103-160 provided that: "The amendments

made by this section [amending this section] shall take effect on

April 1, 1994."

EFFECTIVE DATE OF 1985 AMENDMENT

Section 613(b) of Pub. L. 99-145 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect on

October 1, 1985."

EFFECTIVE DATE

Section 122(c) of Pub. L. 97-60 provided that: "The amendments

made by this section [enacting this section and amending section

411 of this title] shall take effect on April 1, 1982."

PROHIBITION ON PAYMENT OF TEMPORARY LODGING EXPENSES; EXCEPTION

Pub. L. 99-500, Sec. 101(c) [title IX, Sec. 9097], Oct. 18, 1986,

100 Stat. 1783-82, 1783-117, and Pub. L. 99-591, Sec. 101(c) [title

IX, Sec. 9097], Oct. 30, 1986, 100 Stat. 3341-82, 3341-117,

provided that none of the funds appropriated by the Department of

Defense Appropriations Act, 1987, Pub. L. 99-500, Sec. 101(c), and

Pub. L. 99-591, Sec. 101(c), were to be available to pay temporary

lodging expenses pursuant to subsec. (a) of this section, except

that during fiscal year 1987, this provision was not to apply to

those military personnel with dependents in grades E-4 and below.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 411, 420 of this title.

-End-

-CITE-

37 USC Sec. 405 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 405. Travel and transportation allowances: per diem while on

duty outside the United States or in Hawaii or Alaska

-STATUTE-

(a) Per Diem Authorized. - Without regard to the monetary

limitation of this title, the Secretary concerned may pay a per

diem to a member of the uniformed services who is on duty outside

of the United States or in Hawaii or Alaska, whether or not the

member is in a travel status. The Secretary may pay the per diem in

advance of the accrual of the per diem.

(b) Determination of Per Diem. - In determining the per diem to

be paid under this section, the Secretary concerned shall consider

all elements of the cost of living to members of the uniformed

services under the Secretary's jurisdiction and their dependents,

including the cost of quarters, subsistence, and other necessary

incidental expenses. However, dependents may not be considered in

determining the per diem allowance for a member in a travel status.

(c) Treatment of Housing Cost and Allowance. - Housing cost and

allowance may be disregarded in prescribing a station cost of

living allowance under this section.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 473; Pub. L. 89-718, Sec.

57, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 91-486, Oct. 22, 1970, 84

Stat. 1085; Pub. L. 96-107, title VIII, Sec. 807(a), Nov. 9, 1979,

93 Stat. 813; Pub. L. 98-525, title VI, Sec. 602(e), Oct. 19, 1984,

98 Stat. 2536; Pub. L. 99-145, title XIII, Sec. 1303(b)(8), Nov. 8,

1985, 99 Stat. 741; Pub. L. 101-189, div. A, title VI, Sec. 622(a),

Nov. 29, 1989, 103 Stat. 1446; Pub. L. 103-160, div. A, title VI,

Sec. 622(a), Nov. 30, 1993, 107 Stat. 1683; Pub. L. 105-85, div. A,

title VI, Sec. 603(c)(2), Nov. 18, 1997, 111 Stat. 1781; Pub. L.

105-261, div. A, title VI, Sec. 603(b), Oct. 17, 1998, 112 Stat.

2037; Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 641(b)],

Oct. 30, 2000, 114 Stat. 1654, 1654A-160.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

405 37:253(b). Oct. 12, 1949, ch. 681,

Sec. 303(b), 63 Stat.

814.

--------------------------------------------------------------------

The words "Secretaries concerned" are substituted for the words

"Secretaries of the uniformed services" to conform to other

subsections of the source statute. The words "outside the United

States, or in Hawaii or Alaska" are substituted for the words

"outside the continental United States or in Alaska" to conform to

the definition of United States in section 101(1) of this revised

title and to retain the coverage of the source statute.

AMENDMENTS

2000 - Pub. L. 106-398 amended section generally. Prior to

amendment, section authorized payment of a per diem to members of

the uniformed services on duty outside of the United States or in

Hawaii or Alaska and specified what elements were to be considered

in determining the per diem allowance.

1998 - Subsec. (c). Pub. L. 105-261 struck out subsec. (c) which

authorized the Secretary concerned to make a lump-sum payment for

nonrecurring expenses to certain members of the uniformed services

authorized to receive per diem allowances under subsec. (a).

1997 - Subsecs. (b) to (d). Pub. L. 105-85 redesignated subsecs.

(c) and (d) as (b) and (c), respectively, and struck out former

subsec. (b) which read as follows: "A station housing allowance may

be prescribed under this section for a member who is on duty

outside of the United States without regard to costs other than

housing costs and may consist of the difference between basic

allowance for quarters and applicable housing cost. A station

housing allowance may not be prescribed under this section for a

member who is on duty in Hawaii or Alaska. A station housing

allowance prescribed under this section may be paid in advance."

1993 - Subsec. (d). Pub. L. 103-160 amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "In the

case of a member of the uniformed services authorized to receive a

per diem allowance under subsection (a), the Secretary concerned

may make a lump-sum payment for nonrecurring expenses incurred by

the member in occupying private housing outside of the United

States. Expenses for which payments are made under this subsection

may not be considered for purposes of determining the per diem

allowance of the member under subsection (a)."

1989 - Subsec. (d). Pub. L. 101-189 added subsec. (d).

1985 - Pub. L. 99-145 inserted "the" after "outside" in section

catchline.

1984 - Subsec. (a). Pub. L. 98-525, Sec. 602(e)(1), designated

first two sentences of existing section as subsec. (a).

Subsec. (b). Pub. L. 98-525, Sec. 602(e)(2), (3), designated

third and fourth sentences of existing section as subsec. (b), in

such third sentence as so designated inserted "for a member who is

on duty outside of the United States" after "under this section",

and inserted after such third sentence: "A station housing

allowance may not be prescribed under this section for a member who

is on duty in Hawaii or Alaska."

Subsec. (c). Pub. L. 98-525, Sec. 602(e)(4), designated last

sentence of existing section as subsec. (c).

1979 - Pub. L. 96-107 inserted provisions relating to advance

payment of station housing allowances.

1970 - Pub. L. 91-486 inserted provision authorizing a station

housing allowance.

1966 - Pub. L. 89-718 substituted "the" for "a" after

"including".

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-85 effective Jan. 1, 1998, see section

603(e) of Pub. L. 105-85, set out as a note under section 5561 of

Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 622(b) of Pub. L. 103-160 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to nonrecurring expenses and currency fluctuation gains

described in section 405(d) [now 405(c)] of title 37, United States

Code, that are incurred by members of the uniformed services on or

after October 1, 1993."

EFFECTIVE DATE OF 1989 AMENDMENT

Section 622(b) of Pub. L. 101-189 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to expenses incurred after August 31, 1990."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-525 effective Jan. 1, 1985, with

exceptions, see section 602(f) of Pub. L. 98-525, as amended, set

out as a note under section 403 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Section 807(b) of Pub. L. 96-107 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect on

October 1, 1979."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 406, 411, 420, 1003 of

this title; title 2 section 906; title 5 section 4109; title 10

section 2013; title 36 section 2101; title 42 section 1786.

-End-

-CITE-

37 USC Sec. 405a 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 405a. Travel and transportation allowances: departure

allowances

-STATUTE-

(a) Under regulations prescribed by the Secretaries concerned,

when dependents of members of the uniformed services are authorized

or ordered to depart by competent authority, they may be authorized

such allowances as the Secretary concerned determines necessary to

offset the expenses incident to the departure. Allowances

authorized by this section are in addition to those authorized by

any other section of this title. Such allowances may be paid in

advance. For the purposes of this section, a dependent "authorized

or ordered to depart by competent authority" includes -

(1) a dependent who is present at or in the vicinity of the

member's duty station when the departure of dependents is

authorized or ordered by competent authority and who actually

moved to an authorized safe haven designated by that authority,

whether such safe haven is at or in the vicinity of the member's

duty station or elsewhere;

(2) a dependent who resides at or in the vicinity of a former

duty station of the member following the assignment of the member

elsewhere or who resides at or in the vicinity of a duty station

(other than the duty station of the member) incident to orders in

connection with an unaccompanied tour of duty of the member, if a

departure of dependents is authorized or ordered by competent

authority from the duty station at which or in the vicinity of

which the dependent resides and the dependent actually moves to

an authorized safe haven designated by that authority;

(3) a dependent who established a household at or in the

vicinity of the member's duty station but who is temporarily

absent therefrom for any reason when departure of dependents is

authorized or ordered by competent authority; and

(4) a dependent who was authorized to join the member and who

departed from his former place of residence incident to joining

the member but who, as a result of the departure of dependents,

is diverted to a safe haven designated by competent authority or

is authorized to travel to a place the dependent may designate,

even though he was in the United States when the departure was

authorized or ordered.

(b)(1) Under regulations prescribed by the Secretaries concerned,

each member whose dependents are covered by subsection (a) is

entitled to have one motor vehicle that is owned by the member (or

a dependent of the member) and is for the personal use of the

member or his dependents, transported at the expense of the United

States to a designated place for the use of the dependents. When

the dependents are permitted to rejoin the member, the vehicle may

be transported at the expense of the United States to his permanent

duty station.

(2) If a motor vehicle of a member (or a dependent of the member)

that is transported at the expense of the United States under

paragraph (1) does not arrive at the authorized destination of the

vehicle by the designated delivery date, the Secretary concerned

shall reimburse the member for expenses incurred after that date to

rent a motor vehicle for the dependent's use. The amount reimbursed

may not exceed $30 per day, and the rental period for which

reimbursement may be provided expires after 7 days or on the date

on which the delayed vehicle arrives at the authorized destination

(whichever occurs first).

-SOURCE-

(Added Pub. L. 89-26, Sec. 1(1), May 22, 1965, 79 Stat. 116;

amended Pub. L. 89-608, Sec. 2, Sept. 30, 1966, 80 Stat. 851; Pub.

L. 96-465, title II, Sec. 2303(e), Oct. 17, 1980, 94 Stat. 2165;

Pub. L. 97-60, title I, Secs. 121(c), 123, Oct. 14, 1981, 95 Stat.

1002, 1003; Pub. L. 99-661, div. A, title XIII, Sec. 1343(b)(3),

Nov. 14, 1986, 100 Stat. 3995; Pub. L. 102-25, title VII, Sec.

702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102-484, div.

A, title VI, Sec. 625(b)(1), Oct. 23, 1992, 106 Stat. 2424; Pub. L.

104-106, div. A, title VI, Sec. 622(a), Feb. 10, 1996, 110 Stat.

363; Pub. L. 105-261, div. A, title VI, Sec. 653(c), Oct. 17, 1998,

112 Stat. 2052.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-261 designated existing

provisions as par. (1) and added par. (2).

1996 - Subsec. (a). Pub. L. 104-106 substituted "authorized or

ordered" for "ordered" wherever appearing.

1992 - Subsec. (a)(2) to (4). Pub. L. 102-484 added par. (2) and

redesignated former pars. (2) and (3) as (3) and (4), respectively.

1991 - Subsec. (b). Pub. L. 102-25 struck out "of this section"

after "subsection (a)".

1986 - Pub. L. 99-661 substituted "departure" for "evacuation" in

section catchline.

1981 - Subsec. (a). Pub. L. 97-60, Sec. 123, inserted provision

authorizing the payment of allowances in advance.

Subsec. (b). Pub. L. 97-60, Sec. 121(c), substituted "that is

owned by the member (or a dependent of the member) and is for the

personal use of the member or his dependents" for "owned by him and

for his personal use, or the use of the dependents,".

1980 - Subsec. (a). Pub. L. 96-465 substituted "to depart" and

"departure" for "evacuated" and "evacuation", respectively,

wherever appearing.

1966 - Subsec. (a). Pub. L. 89-608 struck out provision requiring

that to qualify for allowances the evacuated dependents have been

evacuated from places outside the United States to places inside

the United States.

EFFECTIVE DATE OF 1998 AMENDMENT

For provisions relating to the applicability of amendment by Pub.

L. 105-261, see section 653(e) of Pub. L. 105-261, set out as a

note under section 2634 of Title 10, Armed Forces.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 622(b) of Pub. L. 104-106 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to persons authorized or ordered to depart as described in

section 405a(a) of title 37, United States Code, on or after

October 1, 1995."

EFFECTIVE DATE OF 1992 AMENDMENT

Section 625(b)(2) of Pub. L. 102-484 provided that: "The

amendments made by paragraph (1) [amending this section] shall take

effect as of August 23, 1992, and shall apply with respect to any

evacuation ordered by competent military authority on or after that

date."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-60 effective Nov. 1, 1981, to apply to

members who are separated from the service or released from active

duty on or after Nov. 1, 1981, see section 121(d) of Pub. L. 97-60,

set out as a note under section 404 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of Title 22, Foreign

Relations and Intercourse.

EFFECTIVE DATE

Section 2 of Pub. L. 89-26, as amended by Pub. L. 89-608, Sec. 1,

Sept. 30, 1966, 80 Stat. 851; Pub. L. 92-176, Dec. 2, 1971, 85

Stat. 494, provided that: "This Act [enacting this section and

amending sections 407, 411, and 1006 of this title] becomes

effective on February 1, 1965."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 407, 411, 420, 1003, 1006

of this title.

-End-

-CITE-

37 USC Sec. 406 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 406. Travel and transportation allowances: dependents; baggage

and household effects

-STATUTE-

(a)(1) Except as provided in paragraph (2), a member of a

uniformed service who is ordered to make a change of permanent

station is entitled to transportation in kind, reimbursement

therefor, or a monetary allowance in place of the cost of

transportation, plus a per diem, for the member's dependents at

rates prescribed by the Secretaries concerned, but not more than

the rate authorized under section 404(d) of this title. The

Secretary concerned may also reimburse the member for mandatory pet

quarantine fees for household pets, but not to exceed $550 per

change of station, when the member incurs the fees incident to such

change of station.

(2)(A) Except as provided in subparagraph (B), a member who -

(i) is separated from the service or released from active duty;

and

(ii) on the date of his separation from the service or release

from active duty, has not served on active duty for a period of

time equal to at least 90 percent of the period of time for which

he initially enlisted or otherwise initially agreed to serve,

may be provided transportation under this subsection for his

dependents only by transportation in kind by the least expensive

mode of transportation available or by a monetary allowance that

does not exceed the cost to the Government of such transportation

in kind.

(B) Subparagraph (A) does not apply to a member -

(i) who is retired, or is placed on the temporary disability

retired list, under chapter 61 of title 10;

(ii) who is separated from the service or released from active

duty for a medical condition affecting the member, as determined

by the Secretary concerned;

(iii) who is separated from the service or released from active

duty because the period of time for which the member initially

enlisted or otherwise initially agreed to serve has been reduced

by the Secretary concerned and is separated or released under

honorable conditions;

(iv) who is discharged under section 1173 of title 10; or

(v) who is involuntarily separated from active duty during the

period beginning on October 1, 1990, and ending on December 31,

2001.

(3) The allowances authorized under this subsection may be paid

in advance.

(4) In this section, the term "involuntarily separated" has the

meaning given that term in section 1141 of title 10.

(b)(1)(A) Except as provided in paragraph (2), in connection with

a change of temporary or permanent station, a member is entitled to

transportation (including packing, crating, drayage, temporary

storage, and unpacking) of baggage and household effects within the

weight allowances listed in subparagraph (C), without regard to the

comparative costs of the various modes of transportation. Temporary

storage in excess of 180 days may be authorized. Alternatively, the

member may be paid reimbursement or a monetary allowance under

subparagraph (F).

(B) Subject to uniform regulations prescribed by the Secretaries

concerned, in the case of a permanent change of station in which

the Secretary concerned has authorized transportation of a motor

vehicle under section 2634 of title 10 (except when such

transportation is authorized from the old duty station to the new

duty station), the member is entitled to a monetary allowance for

transportation of that motor vehicle -

(i) from the old duty station to -

(I) the customary port of embarkation which is nearest the

old duty station if delivery of the motor vehicle to the port

of embarkation is not made in conjunction with the member's

travel to the member's port of embarkation; or

(II) the customary port of embarkation which is nearest to

the member's port of embarkation if delivery of the motor

vehicle to the port of embarkation is made in conjunction with

the member's travel to the member's port of embarkation;

whichever is most cost-effective for the Government considering

all operational, travel, and transportation requirements incident

to such change of station; and

(ii) from the customary port of debarkation which has been

designated by the Government as most cost-effective for the

Government considering all operational, travel, and

transportation requirements incident to such change of station to

the new duty station.

Such monetary allowance shall be established at a rate per mile

that does not exceed the rate established under section 404(d)(1)

of this title. If clause (i)(I) applies to the transportation by

the member of a motor vehicle from the old duty station, the

monetary allowance under this subparagraph shall also cover return

travel to the old duty station by the member or other person

transporting the vehicle. In the case of transportation described

in clause (ii), the monetary allowance shall also cover travel from

the new duty station to the port of debarkation to pick up the

vehicle.

(C) Under regulations prescribed by the Secretary of Defense, the

weight allowance in pounds to which a member is entitled under

subparagraph (A) is determined in accordance with the following

table:

Pay Grade Without With

Dependents Dependents

--------------------------------------------------------------------

O-10 to O-6 18,000 18,000

O-5 16,000 17,500

O-4 14,000 17,000

O-3 13,000 14,500

O-2 12,500 13,500

O-1 10,000 12,000

W-5 16,000 17,500

W-4 14,000 17,000

W-3 13,000 14,500

W-2 12,500 13,500

W-1 10,000 12,000

E-9 12,000 14,500

E-8 11,000 13,500

E-7 10,500 12,500

E-6 8,000 11,000

E-5 7,000 9,000

E-4 7,000 8,000

E-3 5,000 8,000

E-2 5,000 8,000

E-1 5,000 8,000

--------------------------------------------------------------------

(D) In connection with the change of temporary or permanent

station of a member in a pay grade below pay grade O-6, the

Secretary concerned may authorize a higher weight allowance than

the weight allowance determined under subparagraph (C) for the

member if the Secretary concerned determines that the application

of the weight allowance determined under such subparagraph would

result in significant hardship to the member or the dependents of

the member. An increase in weight allowance under this subparagraph

may not result in a weight allowance exceeding the weight allowance

specified in subparagraph (C) for pay grades O-6 to O-10, unless

the additional weight allowance in excess of such maximum is

intended to permit the shipping of consumables that cannot be

reasonably obtained at the new station of the member. The Secretary

of Defense shall prescribe regulations to carry out this

subparagraph.

(E) Under regulations prescribed by the Secretary of Defense, or

the Secretary of Homeland Security for the Coast Guard when it is

not operating as a service in the Navy, cadets at the United States

Military Academy, the United States Air Force Academy, and the

United States Coast Guard Academy, and midshipmen at the United

States Naval Academy shall be entitled, in connection with

temporary or permanent station change, to transportation of baggage

and household effects as provided in subparagraph (A). The weight

allowance for cadets and midshipmen is 350 pounds.

(F) A member entitled to transportation of baggage and household

effects under subparagraph (A) may, as an alternative to the

provision of transportation, be paid reimbursement or, at the

member's request, a monetary allowance in advance for the cost of

transportation of the baggage and household effects. The monetary

allowance may be paid only if the amount of the allowance does not

exceed the cost that would be incurred by the Government under

subparagraph (A) for the transportation of the baggage and

household effects. Appropriations available to the Department of

Defense, the Department of Homeland Security, and the Department of

Health and Human Services for providing transportation of baggage

or household effects of members of the uniformed services shall be

available to pay a reimbursement or monetary allowance under this

subparagraph. The Secretary concerned may prescribe the manner in

which the risk of liability for damage, destruction, or loss of

baggage or household effects arranged, packed, crated, or loaded by

a member is allocated among the member, the United States, and any

contractor when a reimbursement or monetary allowance is elected

under this subparagraph.

(G) Under regulations prescribed by the Secretary of Defense, the

Secretary concerned may pay a member a share (determined pursuant

to such regulations) of the savings resulting to the United States

when the total weights of the member's baggage and household

effects shipped and stored under subparagraph (A) are less than the

average weights of the baggage and household effects that are

shipped and stored, respectively, by other members in the same

grade and with the same dependents status as the member in

connection with changes of station that are comparable to the

member's change of station. The total savings shall be equal to the

difference between the cost of shipping and cost of storing such

average weights of baggage and household effects, respectively, and

the corresponding costs associated with the weights of the member's

baggage and household effects. For the administration of this

subparagraph, the Secretary of Defense shall annually determine the

average weights of baggage and household effects shipped and stored

in connection with a change of temporary or permanent station.

(2) The transportation and allowances authorized under paragraph

(1) may be paid or provided to a member upon his separation from

the service or release from active duty only if the member applies

for the transportation and allowances not later than 180 days after

the date of his separation or release from active duty. If a member

to whom this paragraph applies has been authorized nontemporary

storage under subsection (d), the 180-day period shall not begin

until such authorization for nontemporary storage expires. This

paragraph does not apply to a member to whom subsection (g)(1)

applies.

(c) The allowances and transportation authorized by subsections

(a) and (b) are in addition to those authorized by sections 403(c),

404, and 405 of this title and are -

(1) subject to such conditions and limitations;

(2) for such grades, ranks, and ratings; and

(3) to and from such places;

prescribed by the Secretaries concerned. Transportation of the

household effects of a member may not be made by commercial air

carrier at an estimated over-all cost that is more than the

estimated over-all cost of the transportation thereof by other

means, unless an appropriate transportation officer has certified

in writing to his commanding officer that those household effects

to be so transported are necessary for use in carrying out assigned

duties, or are necessary to prevent undue hardship and other means

of transportation will not fill those needs. However, not more than

1,000 pounds of unaccompanied baggage may be transported by

commercial air carrier, without regard to the preceding sentence,

under regulations prescribed under the authority of the Secretary

of Defense.

(d) The nontemporary storage of baggage and household effects may

be authorized in facilities of the United States, or in commercial

facilities when it is considered to be more economical to the

United States. However, the weight of baggage and household effects

stored, plus the weight of the baggage and household effects

transported, in connection with a change of station may not be more

than the maximum weight limitations in regulations prescribed by

the Secretaries concerned when it is not otherwise fixed by law. In

the event a member's baggage and household effects exceed such

maximum weight limitation, the Secretary concerned, if requested to

do so by the member, may pay the costs for the nontemporary storage

of that excess weight and collect the amount paid from the member's

pay and allowances, or collect the amount in such other manner as

the Secretary concerned determines appropriate. The nontemporary

storage of baggage and household effects may not be authorized for

a period longer than one year from the date the member concerned is

separated from the service, retired, placed on the temporary

disability retired list, discharged, or released from active duty,

except as prescribed in regulations by the Secretaries concerned

for a member who, on that date, or at any time during the one-year

period following that date, is confined in a hospital, or is in its

vicinity, undergoing medical treatment; or in the case of a member

who -

(1) is retired, or is placed on the temporary disability

retired list, under chapter 61 of title 10; or

(2) is retired with pay under any other law, or, immediately

following at least eight years of continuous active duty with no

single break therein of more than 90 days, is discharged with

separation pay or severance pay or is involuntarily released from

active duty with separation pay or readjustment pay.

Except in the case of a member who, on the date of his separation,

discharge, or release, or at any time during the one-year period

following that date, is confined in a hospital, or is in its

vicinity, undergoing medical treatment, the cost of the storage,

for the period that exceeds one year, shall be paid by the member.

(e) When orders directing a change of permanent station for the

member concerned have not been issued, or when they have been

issued but cannot be used as authority for the transportation of

his dependents, baggage, and household effects, the Secretaries

concerned may authorize the movement of the dependents, baggage,

and household effects and prescribe transportation in kind,

reimbursement therefor, or a monetary allowance in place thereof

(as the case may be), plus a per diem, as authorized under

subsection (a) or (b). This subsection may be used only under

unusual or emergency circumstances, including those in which -

(1) the member is performing duty at a place designated by the

Secretary concerned as being within a zone from which dependents

should be evacuated;

(2) orders which direct the member's travel in connection with

temporary duty do not provide for return to the permanent station

or do not specify or imply any limit to the period of absence

from his permanent station; or

(3) the member is serving on permanent duty at a station

outside the United States, in Hawaii or Alaska, or on sea duty.

(f) Under regulations prescribed by the Secretary concerned,

transportation for dependents, baggage, and household effects of a

member, plus a per diem for the member's dependents, is authorized

if he dies while entitled to basic pay under chapter 3 of this

title.

(g)(1) Under uniform regulations prescribed by the Secretaries

concerned, a member who -

(A) is retired, or is placed on the temporary disability

retired list, under chapter 61 of title 10;

(B) is retired with pay under any other law, or, immediately

following at least eight years of continuous active duty with no

single break therein of more than 90 days, is discharged with

separation pay or severance pay or is involuntarily released from

active duty with separation pay or readjustment pay; or

(C) is involuntarily separated from active duty during the

period beginning on October 1, 1990, and ending on December 31,

2001,

is, not later than one year from the date he is so retired, placed

on that list, involuntarily separated, discharged, or released,

except as prescribed in regulations by the Secretaries concerned,

entitled to transportation for his dependents, baggage, and

household effects to the home selected under section 404(c) of this

title, and to a per diem for his dependents. In addition, baggage

and household effects may be shipped to a location other than the

home selected by the member.

(2) If baggage and household effects of a member are shipped to a

place selected by a member as his home under section 404(c) of this

title that is not a place described in clause (A) or (B) of section

404(c)(2) of this title or to a location other than the home

selected by the member, or if transportation is provided for a

member's dependents to a place selected by the member as his home

under section 404(c) of this title that is not a place described in

clause (A) or (B) of section 404(c)(2) of this title, and the costs

of that shipment or transportation are in excess of those that

would have been incurred if the shipment had been made or the

transportation had been provided to a location in the United States

(other than Alaska or Hawaii), the member shall pay that excess

cost.

(3) If a member authorized to select a home under section 404(c)

of this title accrues that right or any entitlement under this

subsection but dies before he exercises it, that right or

entitlement accrues to and may be exercised by his surviving

dependents or, if there are no surviving dependents, his baggage

and household effects may be shipped to the home of the person

legally entitled to such baggage and effects. However, if baggage

and household effects are shipped under circumstances described in

paragraph (2) in which the member would have been required to pay

the excess costs of that shipment, the surviving dependents or the

person legally entitled to the baggage and household effects, as

the case may be, shall pay that excess cost.

(h)(1) If the Secretary concerned determines that it is in the

best interests of a member described in paragraph (2) or the

member's dependents and the United States, the Secretary may, when

orders directing a change of permanent station for the member

concerned have not been issued, or when they have been issued but

cannot be used as authority for the transportation of the member's

dependents, baggage, and household effects -

(A) authorize the movement of the member's dependents, baggage,

and household effects at the station to an appropriate location

in the United States or its possessions or, if the dependents are

foreign nationals, to the country of the dependents' origin and

prescribe transportation in kind, reimbursement therefor, or a

monetary allowance in place thereof, as the case may be, plus a

per diem, as authorized under subsection (a) or (b); and

(B) in the case of a member described in paragraph (2)(A),

authorize the transportation of one motor vehicle, which is owned

or leased by the member (or a dependent of the member) and is for

the personal use of a dependent of the member, to that location

by means of transportation authorized under section 2634 of title

10 or authorize the storage of the motor vehicle pursuant to

subsection (b) of such section.

If the member's baggage and household effects are in nontemporary

storage under subsection (d), the Secretary concerned may authorize

their movement to the location concerned and prescribe

transportation in kind or reimbursement therefor, as authorized

under subsection (b). For the purposes of this section, a member's

unmarried child for whom the member received transportation in kind

to his station outside the United States or in Hawaii or Alaska,

reimbursement therefor, or a monetary allowance in place thereof

and who, by reason of age or graduation from (or cessation of

enrollment in) an institution of higher education, would otherwise

cease to be a dependent of the member while the member was serving

at that station shall still be considered as a dependent of the

member.

(2) A member referred to in paragraph (1) is a member who -

(A) is serving at a station outside the United States or in

Hawaii or Alaska;

(B) receives an administrative discharge under other than

honorable conditions; or

(C) is sentenced by a court-martial -

(i) to be confined for a period of more than 30 days,

(ii) to receive a dishonorable or bad-conduct discharge, or

(iii) to be dismissed from a uniformed service.

(3) If a motor vehicle of a member (or a dependent of the member)

that is transported at the expense of the United States under this

subsection does not arrive at the authorized destination of the

vehicle by the designated delivery date, the Secretary concerned

shall reimburse the member for expenses incurred after that date to

rent a motor vehicle for the dependent's use. The amount reimbursed

may not exceed $30 per day, and the rental period for which

reimbursement may be provided expires after 7 days or on the date

on which the delayed vehicle arrives at the authorized destination

(whichever occurs first).

(i) A member traveling under orders who is relieved from a duty

station is entitled to transportation for his dependents, baggage,

and household effects, plus a per diem for the member's dependents,

regardless of the time the dependents, baggage, or household

effects arrive at their destination. Appropriations of the

Department of Defense available for travel or transportation that

are current when the member is relieved may be used to pay for the

transportation.

(j) Under uniform regulations prescribed by the Secretaries

concerned, a member with dependents who is ordered to make an

overseas permanent change of station and who, in anticipation of

his dependents accompanying him overseas, ships baggage and

household effects to that overseas station, may be authorized a

return shipment of the baggage and household effects if, after the

shipment, the member's dependents are unable to accompany him

overseas and the Secretary concerned determines that such inability

was unexpected and uncontrollable.

(k) For the purposes of this section, the residence of a

dependent of a member who is a student not living with the member

while at school shall be considered to be the permanent duty

station of the member or the designated residence of dependents of

the member if the member's dependents are not authorized to reside

with the member.

(l) No carrier, port agent, warehouseman, freight forwarder, or

other person involved in the transportation of property may have

any lien on, or hold, impound, or otherwise interfere with, the

movement of baggage and household goods being transported under

this section.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 473; Pub. L. 88-431, Sec.

1(a), Aug. 14, 1964, 78 Stat. 439; Pub. L. 89-101, Sec. 2, July 30,

1965, 79 Stat. 425; Pub. L. 89-680, Sec. 1(2), (3), Oct. 15, 1966,

80 Stat. 957; Pub. L. 89-718, Secs. 58, 59, Nov. 2, 1966, 80 Stat.

1123; Pub. L. 90-623, Sec. 3(6), Oct. 22, 1968, 82 Stat. 1314; Pub.

L. 96-107, title VIII, Sec. 814, Nov. 9, 1979, 93 Stat. 817; Pub.

L. 96-513, title V, Sec. 506(7), Dec. 12, 1980, 94 Stat. 2919; Pub.

L. 97-60, title I, Sec. 121(b), Oct. 14, 1981, 95 Stat. 1000; Pub.

L. 97-86, title IV, Sec. 404, Dec. 1, 1981, 95 Stat. 1105; Pub. L.

97-258, Sec. 2(i)(1), Sept. 13, 1982, 96 Stat. 1061; Pub. L.

97-295, Sec. 3(4), Oct. 12, 1982, 96 Stat. 1303; Pub. L. 98-94,

title IX, Sec. 909, Sept. 24, 1983, 97 Stat. 638; Pub. L. 99-145,

title VI, Secs. 612(b), 614(a), 617(a), title XIII, Sec.

1303(b)(9), Nov. 8, 1985, 99 Stat. 639-641, 741; Pub. L. 99-433,

title VI, Sec. 602(f)(2), Oct. 1, 1986, 100 Stat. 1070; Pub. L.

99-661, div. A, title VI, Secs. 617(a), 620(a), (b)(1), 652(a),

(b), Nov. 14, 1986, 100 Stat. 3880, 3882, 3888; Pub. L. 100-180,

div. A, title VI, Sec. 616(b), Dec. 4, 1987, 101 Stat. 1096; Pub.

L. 100-456, div. A, title VI, Sec. 602(a), Sept. 29, 1988, 102

Stat. 1976; Pub. L. 101-189, div. A, title VI, Sec. 623(a), (b),

Nov. 29, 1989, 103 Stat. 1447; Pub. L. 101-510, div. A, title V,

Sec. 503(b), title VI, Secs. 621, 622(a), title XIV, Sec.

1484(i)(9), Nov. 5, 1990, 104 Stat. 1558, 1580, 1718; Pub. L.

102-25, title VII, Sec. 702(b)(1)-(3), (c), Apr. 6, 1991, 105 Stat.

117; Pub. L. 102-190, div. A, title XI, Sec. 1111(d)(4), Dec. 5,

1991, 105 Stat. 1492; Pub. L. 102-241, Sec. 12, Dec. 19, 1991, 105

Stat. 2213; Pub. L. 102-484, div. A, title VI, Sec. 622(a), title

X, Sec. 1054(a)(4), Oct. 23, 1992, 106 Stat. 2422, 2502; Pub. L.

103-160, div. A, title V, Sec. 561(l)(1), title XI, Sec.

1182(d)(1), Nov. 30, 1993, 107 Stat. 1668, 1773; Pub. L. 104-106,

div. A, title VI, Secs. 623, 642(a)(1), title XV, Secs. 1502(b),

1505(d), Feb. 10, 1996, 110 Stat. 363, 368, 506, 514; Pub. L.

104-201, div. A, title III, Sec. 368(b), title VI, Secs. 621(a),

624, Sept. 23, 1996, 110 Stat. 2498, 2548; Pub. L. 105-85, div. A,

title VI, Secs. 603(d)(1)(B), 631, Nov. 18, 1997, 111 Stat. 1782,

1795; Pub. L. 105-261, div. A, title V, Sec. 561(f), title VI,

Secs. 631(a), (b)(1), 632, 653(b), Oct. 17, 1998, 112 Stat. 2025,

2043, 2044, 2051; Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec.

571(f), title VI, Secs. 642(a), 643], Oct. 30, 2000, 114 Stat.

1654, 1654A-134, 1654A-161; Pub. L. 107-107, div. A, title VI,

Secs. 633(a), 634(a), Dec. 28, 2001, 115 Stat. 1144; Pub. L.

107-296, title XVII, Sec. 1704(c), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

HISTORICAL AND REVISION NOTES

1962 ACT

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Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

406(a) 37:253(c) (1st sentence, Oct. 12, 1949, ch. 681,

less 1st 33 words, and Sec. 303(c), (1st

less last 59 words). through 3d, 9th, 11th,

13th through 16th and

last, sentences), 63

Stat. 814; Mar. 31,

1955, ch. 20, Sec.

2(12), (13), 69 Stat.

21, 22; Aug. 5, 1955,

ch. 571, 69 Stat. 532;

Aug. 11, 1955, ch. 806,

Sec. 2, 69 Stat. 691;

July 12, 1960, Pub. L.

86-637, Sec. 1(a), 74

Stat. 471; July 12,

1960, Pub. L. 86-638,

Sec. 2, 74 Stat. 471;

Aug. 17, 1961, Pub. L.

87-140, 75 Stat. 341.

406(b)

406(c)

406(d)

406(e)

406(f)

406(g)

37:253(c) (last 59 words

of 1st sentence).

37:253(c) (1st 33 words

of 1st sentence and 2d

sentence).

37:253(c) (3d sentence).

37:253(c) (9th sentence).

37:253(c) (11th sentence).

37:253(c) (13th through

16th, and last,

sentences).

--------------------------------------------------------------------

In subsection (b), the words "to and from such locations" are

omitted as covered by subsection (c)(3).

In subsection (c), the 15 words preceding clause (1) of the first

sentence are substituted for the 1st 7 words of the 1st sentence of

section 253(c) of existing title 37. The 39th through 47th words of

the 2d sentence of section 253(c) of existing title 37 are omitted

as covered by section 411(a) of this revised title.

In subsection (d), the words "the weight of the baggage and

household effects stored . . . may not be more than" are

substituted for the words "in no instance shall the weight stored .

. . exceed". The words "except as prescribed in regulations" are

substituted for the words "except that a longer period may be

authorized by regulations promulgated". The words "Secretaries

concerned" are substituted for the words "respective Secretaries"

to conform to other subsections of the source statute.

In subsection (f), the words "of a member" are inserted for

clarity. The words "if he dies" are substituted for the words "upon

the death of a member". The words "under chapter 3 of this title"

are substituted for the reference to section 232(e) of title 37,

since subsection (e) was redesignated as subsection (d) by section

2(2) of the Act of March 31, 1955, cited above.

In subsection (g), the words "under chapter 61 of title 10" are

inserted for clarity. The words "under any other law" are

substituted for the words "for any other reason". The words "In

addition," are substituted for the word "Such", and the words "the

member" are substituted for the word "him", for clarity. The words

"section 404(c) of this title" are substituted for the words

"subsection (a) of this section" to reflect the section of this

revised title which restates that subsection.

1982 ACTS

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Revised Source (U.S. Code) Source (Statutes at

section Large)

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406(j) 31:650a. Aug. 1, 1953, ch. 305,

Sec. 604, 67 Stat. 349.

--------------------------------------------------------------------

The text of 31:650a (related to a member of an armed force) is

omitted as unnecessary because of 37:404(a)(3). The words "On and

after August 1, 1953" are omitted as executed. The words "A member

. . . is entitled to" are substituted for "personnel" for clarity

and consistency in the title. The word "baggage" is added for

consistency in the title. The words "dependents, baggage, or

household effects" are substituted for "such personnel" for

clarity. The word "otherwise" is omitted as surplus. The words

"used to pay for that transportation" are substituted for "charged

with all expenses in connection with such travel including" for

clarity.

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

406(k) 37:406 (note). Feb. 9, 1976, Pub. L.

94-212, Sec. 747, 90

Stat. 176.

--------------------------------------------------------------------

The words "to carry out subsection (b) of this section" are

substituted for "for providing transportation of household effects

of members of the armed forces pursuant to section 406(b) of title

37, United States Code" to eliminate unnecessary words.

PRIOR PROVISIONS

Act Aug. 1, 1953, cited as the source of subsec. (j) of this

section in the Historical and Revision Notes above, is known as the

Department of Defense Appropriation Act, 1954. Similar provisions

were contained in the following prior appropriation acts:

July 10, 1952, ch. 630, title VI, Sec. 605, 66 Stat. 531.

Oct. 18, 1951, ch. 512, title VI, Sec. 605, 65 Stat. 423.

Sept. 6, 1950, ch. 896, ch. X, title VI, Sec. 605, 64 Stat. 752.

Oct. 29, 1949, ch. 787, title VI, Sec. 605, 63 Stat. 1017.

June 24, 1948, ch. 632, 62 Stat. 652.

July 30, 1947, ch. 357, title I, 61 Stat. 554.

July 16, 1946, ch. 583, 60 Stat. 545.

July 3, 1945, ch. 265, 59 Stat. 388.

June 28, 1944, ch. 303, 58 Stat. 577.

July 1, 1943, ch. 185, 57 Stat. 351.

July 2, 1942, ch. 477, 56 Stat. 614.

June 30, 1941, ch. 262, 55 Stat. 371.

June 13, 1940, ch. 343, 54 Stat. 356.

Apr. 26, 1939, ch. 88, 53 Stat. 598.

June 11, 1938, ch. 347, 52 Stat. 647.

July 1, 1937, ch. 423, 50 Stat. 448.

AMENDMENTS

2002 - Subsec. (b)(1)(E), (F). Pub. L. 107-296 substituted "of

Homeland Security" for "of Transportation".

2001 - Subsec. (a)(1). Pub. L. 107-107, Sec. 633(a), substituted

"$550" for "$275".

Subsec. (b)(1)(C). Pub. L. 107-107, Sec. 634(a), in table, struck

out footnotes relating to pay grade E-4 and increased the weight

allowances for pay grades E-1, E-2, E-3, and E-4. Prior to

amendment, the weight allowances for members with dependents and

for members without dependents, respectively, were 1,500 and 5,000

for pay grade E-1, 1,500 and 5,000 for pay grade E-2, 2,000 and

5,000 for pay grade E-3, 3,500 and 7,000 for pay grade E-4 members

with less than two years of service, and 7,000 and 8,000 for E-4

members with more than two years of service.

2000 - Subsec. (a)(1). Pub. L. 106-398, Sec. 1 [[div. A], title

VI, Sec. 642(a)], inserted at end "The Secretary concerned may also

reimburse the member for mandatory pet quarantine fees for

household pets, but not to exceed $275 per change of station, when

the member incurs the fees incident to such change of station."

Subsec. (a)(2)(B)(v). Pub. L. 106-398, Sec. 1 [[div. A], title V,

Sec. 571(f)], substituted "December 31, 2001" for "September 30,

2001".

Subsec. (b)(1)(G). Pub. L. 106-398, Sec. 1 [[div. A], title VI,

Sec. 643], added subpar. (G).

Subsec. (g)(1)(C). Pub. L. 106-398, Sec. 1 [[div. A], title V,

Sec. 571(f)], substituted "December 31, 2001" for "September 30,

2001".

1998 - Subsec. (a)(2)(B)(v). Pub. L. 105-261, Sec. 561(f),

substituted "during the period beginning on October 1, 1990, and

ending on September 30, 2001" for "during the nine-year period

beginning on October 1, 1990".

Subsec. (b)(1)(A). Pub. L. 105-261, Sec. 631(a)(1), struck out ",

or reimbursement therefor," after "household effects" and inserted

at end "Alternatively, the member may be paid reimbursement or a

monetary allowance under subparagraph (F)."

Subsec. (b)(1)(D). Pub. L. 105-261, Sec. 632, inserted before

period at end of second sentence ", unless the additional weight

allowance in excess of such maximum is intended to permit the

shipping of consumables that cannot be reasonably obtained at the

new station of the member".

Subsec. (b)(1)(F). Pub. L. 105-261, Sec. 631(a)(2), added subpar.

(F).

Subsec. (g)(1)(C). Pub. L. 105-261, Sec. 561(f), substituted

"during the period beginning on October 1, 1990, and ending on

September 30, 2001" for "during the nine-year period beginning on

October 1, 1990".

Subsec. (h)(3). Pub. L. 105-261, Sec. 653(b), added par. (3).

Subsecs. (j) to (m). Pub. L. 105-261, Sec. 631(b)(1),

redesignated subsecs. (k) to (m) as (j) to (l), respectively, and

struck out former subsec. (j) which authorized the Secretary

concerned to pay monetary allowance to member of armed forces or of

Commissioned Corps of the Public Health Service who participates in

a program in which member's baggage and household effects are

transported by privately owned or rental vehicle or in which member

provides labor in connection with transportation of baggage and

household effects.

1997 - Subsec. (c). Pub. L. 105-85, Sec. 603(d)(1)(B),

substituted "sections 403(c), 404, and 405" for "sections 404 and

405" in introductory provisions.

Subsec. (h)(2)(C). Pub. L. 105-85, Sec. 631, substituted a period

for a comma at end of cl. (iii) and struck out concluding

provisions which read as follows: "if the sentence is approved

under section 860(c)(2) of title 10."

1996 - Subsec. (b)(1)(B). Pub. L. 104-201, Sec. 621(a), inserted

at end "If clause (i)(I) applies to the transportation by the

member of a motor vehicle from the old duty station, the monetary

allowance under this subparagraph shall also cover return travel to

the old duty station by the member or other person transporting the

vehicle. In the case of transportation described in clause (ii),

the monetary allowance shall also cover travel from the new duty

station to the port of debarkation to pick up the vehicle."

Subsec. (b)(1)(E). Pub. L. 104-106, Sec. 1505(d), struck out "of

this paragraph" after "as provided in subparagraph (A)".

Subsec. (h)(1). Pub. L. 104-106, Sec. 623, in concluding

provisions, substituted "who, by reason of age or graduation from

(or cessation of enrollment in) an institution of higher education,

would otherwise cease to be a dependent of the member" for "who

became 21 years of age" and inserted "still" before "be considered

as a dependent of the member."

Subsec. (h)(1)(B). Pub. L. 104-201, Sec. 368(b), amended subpar.

(B) generally. Prior to amendment, subpar. (B) read as follows: "in

the case of a member described in paragraph (2)(A), authorize the

transportation of one motor vehicle that is owned or leased by the

member (or a dependent of the member) and is for his dependents'

personal use to that location by means of transportation authorized

under section 2634 of title 10."

Subsec. (i). Pub. L. 104-106, Sec. 642(a)(1), redesignated

subsec. (j) as (i) and struck out former subsec. (i) which read as

follows: "The Secretary of Defense shall submit to the Committee on

Armed Services of the Senate and the Committee on National Security

of the House of Representatives a report at the end of each fiscal

year fiscal year stating -

"(1) the number of dependents who during the preceding fiscal

year were accompanying members of the Army, Navy, Air Force, and

Marine Corps who were stationed outside the United States and

were authorized by the Secretary concerned to receive allowances

or transportation for dependents under subsection (a) or (h); and

"(2) the number of dependents who during the preceding fiscal

year were accompanying members of the Army, Navy, Air Force, and

Marine Corps who were stationed outside the United States and

were not authorized to receive such allowances or

transportation."

Pub. L. 104-106, Sec. 1502(b), substituted "Committee on Armed

Services of the Senate and the Committee on National Security of

the House of Representatives" for "Committees on Armed Services of

the Senate and House of Representatives" in introductory

provisions. Amendment executed before amendment by section

642(a)(1) of Pub. L. 104-106, see above, pursuant to section 1506

of Pub. L. 104-106, set out as a note under section 101 of Title

10, Armed Forces.

Subsec. (j). Pub. L. 104-106, Sec. 642(a)(1), redesignated

subsec. (k) as (j). Former subsec. (j) redesignated (i).

Subsec. (j)(1). Pub. L. 104-201, Sec. 624(1), substituted "The

Secretary concerned may pay a monetary allowance to a member of the

armed forces or a member of the Commissioned Corps of the Public

Health Service" for "Appropriations available to the Department of

Defense for providing transportation of household effects of

members of the armed forces under subsection (b) are available to

pay a monetary allowance to a member" and "Secretary concerned" for

"Secretary of the military department concerned".

Subsec. (j)(3). Pub. L. 104-201, Sec. 624(2), added par. (3).

Subsecs. (k) to (n). Pub. L. 104-106, Sec. 642(a)(1),

redesignated subsecs. (l) to (n) as (k) to (m), respectively.

Former subsec. (k) redesignated (j).

1993 - Subsec. (a)(2)(B)(v). Pub. L. 103-160, Sec. 561(l)(1),

substituted "nine-year period" for "five-year period".

Subsec. (b)(1)(E). Pub. L. 103-160, Sec. 1182(d)(1), made

technical amendment to directory language of Pub. L. 102-241. See

1991 Amendment note below.

Subsec. (g)(1)(C). Pub. L. 103-160, Sec. 561(l)(1), substituted

"nine-year period" for "five-year period".

1992 - Subsec. (g)(1)(A). Pub. L. 102-484, Sec. 1054(a)(4),

inserted a semicolon after "title 10".

Subsec. (n). Pub. L. 102-484, Sec. 622(a), added subsec. (n).

1991 - Subsec. (a)(1). Pub. L. 102-25, Sec. 702(b)(2), struck out

"of this subsection" after "paragraph (2)".

Subsec. (a)(2)(A). Pub. L. 102-25, Sec. 702(b)(3), struck out "of

this paragraph" after "subparagraph (B)".

Subsec. (a)(2)(B). Pub. L. 102-25, Sec. 702(b)(3), struck out "of

this paragraph" after "Subparagraph (A)".

Subsec. (b)(1)(A). Pub. L. 102-25, Sec. 702(b)(2), struck out "of

this subsection" after "paragraph (2)".

Subsec. (b)(1)(C). Pub. L. 102-190, Sec. 1111(d)(4), in table,

inserted provisions relating to pay grade W-5.

Subsec. (b)(1)(E). Pub. L. 102-241, as amended by Pub. L.

103-160, Sec. 1182(d)(1), amended subpar. (E) generally. Prior to

amendment, subpar. (E) read as follows: "Under regulations

prescribed by the Secretary of Defense, cadets at the United States

Military Academy and the United States Air Force Academy, and

midshipmen at the United States Naval Academy shall be entitled, in

connection with a change of temporary or permanent station, to

transportation of baggage and household effects as provided in

subparagraph (A). The weight allowance for such cadets and

midshipmen shall be 350 pounds."

Pub. L. 102-25, Sec. 702(b)(3), struck out "of this paragraph"

after "subparagraph (A)".

Subsec. (b)(2). Pub. L. 102-25, Sec. 702(b)(1), (2), struck out

"of this subsection" after "paragraph (1)" and "of this section"

after "subsection (d)" and "subsection (g)(1)".

Subsec. (c). Pub. L. 102-25, Sec. 702(b)(1), struck out "of this

section" after "subsections (a) and (b)".

Subsec. (e). Pub. L. 102-25, Sec. 702(b)(1), struck out "of this

section" after "subsection (a) or (b)".

Subsec. (g)(3). Pub. L. 102-25, Sec. 702(b)(2), struck out "of

this subsection" after "paragraph (2)".

Subsec. (h)(1). Pub. L. 102-25, Sec. 702(b)(1), struck out "of

this section" after "subsection (d)" and "subsection (b)".

Subsec. (i)(1). Pub. L. 102-25, Sec. 702(b)(1), struck out "of

this section" after "subsection (a) or (h)".

Subsec. (k)(1). Pub. L. 102-25, Sec. 702(b)(1), struck out "of

this section" after "subsection (b)" in two places.

1990 - Subsec. (a)(2)(B)(v). Pub. L. 101-510, Sec. 503(b)(1),

added cl. (v).

Subsec. (a)(4). Pub. L. 101-510, Sec. 503(b)(3), added par. (4).

Subsec. (b)(1)(C). Pub. L. 101-510, Sec. 1484(i)(9), inserted a

period at end of footnote 2.

Subsec. (b)(1)(E). Pub. L. 101-510, Sec. 622(a), added subpar.

(E).

Subsec. (g)(1). Pub. L. 101-510, Sec. 503(b)(2), added subpar.

(C) and inserted "involuntarily separated," after "placed on that

list," in concluding provisions.

Subsec. (k). Pub. L. 101-510, Sec. 621, revived amendment by Pub.

L. 99-145, Sec. 614(a). See 1985 Amendment note below.

1989 - Subsec. (b)(1)(C). Pub. L. 101-189, Sec. 623(b), inserted

"in pounds" after "weight allowance" in provisions preceding table.

Subsec. (b)(1)(D). Pub. L. 101-189, Sec. 623(a), added subpar.

(D).

1988 - Subsec. (b)(1)(A). Pub. L. 100-456, Sec. 602(a)(1),

substituted "within the weight allowances listed in subparagraph

(C)" for "within such weight allowances prescribed by the

Secretaries concerned".

Subsec. (b)(1)(C). Pub. L. 100-456, Sec. 602(a)(2), added subpar.

(C).

1987 - Subsec. (h)(1)(B). Pub. L. 100-180 inserted "or leased"

after "owned".

1986 - Subsec. (a)(2)(A). Pub. L. 99-661, Sec. 652(a), amended

subpar. (A) generally, inserting cl. (i) designation, redesignating

former cl. (i) as cl. (ii), and striking out former cl. (ii) which

read as follows: "is separated from the service or released from

active duty under other than honorable conditions, as determined by

the Secretary concerned".

Subsec. (d). Pub. L. 99-661, Sec. 620(a), inserted "In the event

a member's baggage and household effects exceed such maximum weight

limitation, the Secretary concerned, if requested to do so by the

member, may pay the costs for the nontemporary storage of that

excess weight and collect the amount paid from the member's pay and

allowances, or collect the amount in such other manner as the

Secretary concerned determines appropriate."

Subsec. (e). Pub. L. 99-661, Sec. 617(a)(1), substituted "(as the

case may be), plus a per diem" for ", as the case may be" in

introductory provisions.

Subsec. (f). Pub. L. 99-661, Sec. 617(a)(2), inserted ", plus a

per diem for the member's dependents," after "member".

Subsec. (g)(1). Pub. L. 99-661, Sec. 617(a)(3), inserted ", and

to a per diem for his dependents" after "404(c) of this title" in

concluding provisions.

Subsec. (h). Pub. L. 99-661, Sec. 652(b), designated existing

provisions as par. (1), amended first sentence generally, and added

par. (2). Prior to amendment, first sentence read as follows: "In

the case of a member who is serving at a station outside the United

States or in Hawaii or Alaska, if the Secretary concerned

determines it to be in the best interests of the member or his

dependents and the United States, he may, when orders directing a

change of permanent station for the member concerned have not been

issued, or when they have been issued but cannot be used as

authority for the transportation of his dependents, baggage, and

household effects -

"(1) authorize the movement of the member's dependents,

baggage, and household effects at that station to an appropriate

location in the United States or its possessions and prescribe

transportation in kind, reimbursement therefor, or a monetary

allowance in place thereof, as the case may be, as authorized

under subsection (a) or (b) of this section; and

"(2) authorize the transportation of one motor vehicle that is

owned by the member (or a dependent of the member) and is for the

personal use of the member or his dependents to that location by

means of transportation authorized under section 2634 of title

10."

Subsec. (i). Pub. L. 99-433 struck out "quarter" after "fiscal

year" in provisions preceding par. (1) and substituted "fiscal

year" for "quarter" in pars. (1) and (2).

Subsec. (j). Pub. L. 99-661, Sec. 617(a)(4), inserted "plus a per

diem for the member's dependents," after "household effects".

Subsecs. (l), (m). Pub. L. 99-661, Sec. 620(b)(1), added subsec.

(l) and redesignated former subsec. (l) as (m).

1985 - Subsec. (a)(1). Pub. L. 99-145, Sec. 612(b), substituted

", reimbursement therefor, or a monetary allowance in place of the

cost of transportation, plus a per diem, for the member's

dependents at rates prescribed by the Secretaries concerned" for

"for his dependents, to reimbursement therefor, or to a monetary

allowance in place of that transportation in kind at a rate to be

prescribed".

Subsec. (k). Pub. L. 99-145, Sec. 1303(b)(9), substituted "for

providing transportation of household effects of members of the

armed forces under subsection (b)" for "to carry out subsection

(b)".

Pub. L. 99-145, Sec. 614, which designated existing provisions as

par. (1), inserted "or in which a member provides all or a part of

the labor in connection with the transportation of the baggage and

household effects of the member (including packing, crating, and

loading)", and added par. (2), expired Sept. 30, 1989, pursuant to

section 614(b) of Pub. L. 99-145, set out as an Effective and

Termination Dates of 1985 Amendment note below. Section 614(b) of

Pub. L. 99-145 was repealed and the amendment made by section

614(a) of Pub. L. 99-145 was revived effective Oct. 1, 1989, by

Pub. L. 101-510, Sec. 621, set out as a Revival of Expired

Amendment note below.

Subsec. (l). Pub. L. 99-145, Sec. 617(a), added subsec. (l).

1983 - Subsec. (b)(1). Pub. L. 98-94 designated existing

provisions as subpar. (A), struck out provisions relating to a

monetary allowance for transportation of a motor vehicle on change

of permanent station, and added subpar. (B) relating to a monetary

allowance for transportation of a motor vehicle on permanent change

of station.

1982 - Subsec. (j). Pub. L. 97-258 added subsec. (j).

Subsec. (k). Pub. L. 97-295 added subsec. (k).

1981 - Subsec. (a). Pub. L. 97-60, Sec. 121(b)(1), designated

existing provisions as par. (1), inserted "paragraph (2) of this

subsection and" before "subsection (i) of this section", and added

pars. (2) and (3).

Subsec. (a)(1). Pub. L. 97-86, Sec. 404(1), struck out "and

subsection (i) of this section" after "Except as provided in

paragraph (2) of this subsection".

Subsec. (b). Pub. L. 97-60, Sec. 121(b)(2), designated existing

provisions as par. (1), substituted "Except as provided in

paragraph (2) of this subsection, in" for "In", inserted provision

relating to temporary storage in excess of 180 days and to monetary

allowances in the case of the transportation of motor vehicles in

cases in which transportation is authorized under section 2634 of

title 10, and added par. (2).

Subsec. (g). Pub. L. 97-60, Sec. 121(b)(3), designated existing

provisions as par. (1) and existing pars. (1) and (2) as subpars.

(A) and (B) thereof, struck out provisions following par. (1)(B),

that, in any case in which the costs were in excess of those which

would have been incurred if shipment had been made to his selected

home, the member paid that excess cost, that if a member authorized

to select a home under section 404(c) of this title accrued that

right or any entitlement under this subsection but died before he

exercised it, that right or entitlement accrued to and could be

exercised by his surviving dependents, or his baggage and household

effects could be shipped to the home of the person legally entitled

thereto if there were no surviving dependents, and that, in any

case in which the costs were in excess of those which would have

been incurred if shipment had been made to the member's selected

home, the surviving dependents or the person legally entitled to

the baggage and household effects, as the case may be, paid that

excess cost, and added pars. (2) and (3).

Subsec. (h). Pub. L. 97-86, Sec. 404(2), substituted "In the case

of a member" for "Except as provided in subsection (i) of this

section, in the case of a member".

Subsec. (h)(2). Pub. L. 97-60, Sec. 121(b)(4), substituted "that

is owned by the member (or a dependent of the member) and is for

the personal use of the member or his dependents" for "owned by the

member and for his or his dependents' personal use".

Subsec. (i). Pub. L. 97-86, Sec. 404(3), substituted provisions

requiring the Secretary, at the end of each fiscal year quarter, to

submit to the Committees on Armed Services of the Senate and House

of Representatives a report covering the number of dependents

overseas receiving allowances or transportation for dependents

under subsec. (a) or (h) of this section and the number of

dependents overseas not authorized to receive such allowances or

transportation for provisions that formerly had placed a numerical

limit on the number of dependents overseas receiving allowances and

transportation.

1980 - Subsecs. (d)(2), (g)(2). Pub. L. 96-513 inserted

references to separation pay in two places in subsec. (d)(2) and in

two places in subsec. (g)(2).

1979 - Subsec. (a). Pub. L. 96-107, Sec. 814(1), inserted

provisions excepting subsec. (i) of this section from provisions of

this subsection.

Subsec. (h). Pub. L. 96-107, Sec. 814(2), inserted provisions

excepting subsec. (i) of this section from provisions of this

subsection.

Subsec. (i). Pub. L. 96-107, Sec. 814(3), added subsec. (i).

1968 - Subsec. (d)(2). Pub. L. 90-623 substituted "90" for

"ninety".

1966 - Subsec. (b). Pub. L. 89-718, Sec. 58(1), substituted

"change of temporary or permanent station" for "temporary or

permanent change of station".

Subsec. (d). Pub. L. 89-680, Sec. 1(2), extended authority

permitting a one-year period for nontemporary storage of baggage

and household effects under regulations for members being separated

from the service who are confined to a hospital or are in its

vicinity undergoing medical treatment to include members who are

being retired, placed on the temporary retired disability list,

discharged, or released from active duty, and expanded coverage to

include members retired or placed on the temporary disability

retired list under chapter 61 of title 10, members retired with pay

under any other law, or, immediately following at least eight years

of continuous active duty with no single break therein of more than

ninety days, discharged with severance pay or released

involuntarily from active duty with readjustment pay, and inserted

provisions for payment of cost of storage by the member concerned

in certain cases.

Subsec. (g). Pub. L. 89-718, Secs. 58(2), 59, inserted "is"

before "placed" in cl. (1) and substituted "member's" for "members'

".

Pub. L. 89-680, Sec. 1(3), inserted, in authorization for

transportation for dependents, baggage, and household effects to

the home selected under section 404(c) of this title, provisions

limiting the entitlement to not later than one year from the date

of retirement, placement on the list, discharge, or release, except

as prescribed in regulations by the Secretaries concerned.

1965 - Subsec. (h)(2). Pub. L. 89-101 substituted "by means of

transportation authorized under section 2634 of title 10" for "on a

vessel owned, leased, or chartered by the United States or by

privately owned American shipping services".

1964 - Subsec. (h). Pub. L. 88-431 added subsec. (h).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title VI, Sec. 633(b), Dec. 28, 2001,

115 Stat. 1144, provided that: "The amendment made by subsection

(a) [amending this section] shall apply with respect to the

reimbursement of members of the uniformed services for mandatory

pet quarantine fees incurred in connection with the mandatory

quarantine of a household pet underway on the date of the enactment

of this Act [Dec. 28, 2001] or beginning on or after that date."

Pub. L. 107-107, div. A, title VI, Sec. 634(b), Dec. 28, 2001,

115 Stat. 1144, provided that: "The amendments made by this section

[amending this section] shall take effect on January 1, 2003, and

apply with respect to an order in connection with a change of

temporary or permanent station issued on or after that date."

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 642(b)], Oct.

30, 2000, 114 Stat. 1654, 1654A-161, provided that: "The amendment

made by subsection (a) [amending this section] shall take effect

October 1, 2000."

EFFECTIVE DATE OF 1998 AMENDMENT

For provisions relating to the applicability of amendment by

section 653(b) of Pub. L. 105-261, see section 653(e) of Pub. L.

105-261, set out as a note under section 2634 of Title 10, Armed

Forces.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by section 603(d)(1)(B) of Pub. L. 105-85 effective

Jan. 1, 1998, see section 603(e) of Pub. L. 105-85, set out as a

note under section 5561 of Title 5, Government Organization and

Employees.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 368(b) of Pub. L. 104-201 effective Apr. 1,

1997, see section 368(c) of Pub. L. 104-201, set out as a note

under section 2634 of Title 10, Armed Forces.

Section 621(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 1993 AMENDMENT

Section 1182(d)(1) of Pub. L. 103-160 provided in part that the

amendment made by that section is effective as of Dec. 19, 1991.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section

1132 of Pub. L. 102-190, set out as a note under section 521 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 622(b) of Pub. L. 101-510 provided that: "The amendment

made by subsection (a) [amending this section] shall be applicable

to baggage and household effects transported on or after the date

of the enactment of this Act [Nov. 5, 1990]."

EFFECTIVE DATE OF 1989 AMENDMENT

Section 623(c) of Pub. L. 101-189 provided that: "The authority

provided in subparagraph (D) [37 U.S.C. 406(b)(1)(D)], as added by

subsection (a), shall apply with respect to the transportation of

baggage and household effects occurring after June 30, 1989."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 602(b) of Pub. L. 100-456 provided that: "The weight

allowances in section 406(b)(1)(C) of title 37, United States Code

(as added by subsection (a)), shall apply with respect to

transportation of baggage and household effects occurring after

June 30, 1989."

EFFECTIVE DATE OF 1986 AMENDMENT

Section 617(b) of Pub. L. 99-661 provided that: "The amendments

made by subsection (a) [amending this section] shall apply to

travel performed after the date of the enactment of this Act [Nov.

14, 1986]."

Section 620(c) of Pub. L. 99-661 provided that:

"(1) The amendment made by subsection (a) [amending this section]

shall apply to members whose baggage and household goods enter

nontemporary storage on or after the date of the enactment of this

Act [Nov. 14, 1986].

"(2) The amendments made by subsection (b) [amending this section

and section 2634 of Title 10, Armed Forces] shall apply only with

respect to members whose dependents are unable to accompany them to

an overseas permanent duty station because of circumstances arising

on or after the date of the enactment of this Act [Nov. 14, 1986]."

Section 652(e)(1), (2) of Pub. L. 99-661 provided that:

"(1) The amendment made by subsection (a) [amending this section]

shall apply only with respect to members discharged or released

from active duty on or after the date of the enactment of this Act

[Nov. 14, 1986].

"(2)(A) The amendments made by subsection (b) [amending this

section] shall apply with respect to dependents about whom a

determination by the Secretary concerned is made on or after the

date of the enactment of this Act [Nov. 14, 1986].

"(B) In the case of a member described in section 406(h)(2)(c) of

such title 37 (as added by subsection (b)), the benefits provided

for the dependents of the member shall accrue on the date that the

sentence is approved under section 860 of title 10, United States

Code."

EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT

Amendment by section 612(b) of Pub. L. 99-145 applicable to

travel performed after Sept. 30, 1985, see section 612(c) of Pub.

L. 99-145, set out as an Effective Date of 1985 Amendment note

under section 404 of this title.

Section 614(b) of Pub. L. 99-145, which provided that the

amendments by section 614(a) of Pub. L. 99-145, amending this

section, were to expire Sept. 30, 1989, was repealed by Pub. L.

101-510, div. A, title VI, Sec. 621, Nov. 5, 1990, 104 Stat. 1580.

See Revival of Expired Amendment note below.

Section 617(b) of Pub. L. 99-145 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to orders to change a permanent station that are effective

after September 30, 1985."

EFFECTIVE DATE OF 1981 AMENDMENT

Enactment of subsec. (a)(3) and amendment of subsec. (b)(1) by

Pub. L. 97-60 effective Oct. 14, 1981, enactment of subsecs. (a)(2)

and (b)(2) and amendment of subsec. (h)(2) effective Nov. 1, 1981,

and applicable to members who are separated from the service or

released from active duty on or after Nov. 1, 1981, and enactment

of subsec. (g)(2) and (3) effective Nov. 1, 1981, and applicable to

members who are retired, placed on the temporary disability retired

list, discharged, or involuntarily released on or after Nov. 1,

1981, except that such enactment not to apply to any member who

before Nov. 1, 1981, had completed eighteen years of active

service, see section 121(d) of Pub. L. 97-60, set out as a note

under section 404 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section

701 of Pub. L. 96-513, set out as a note under section 101 of Title

10, Armed Forces.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968, see section

6 of Pub. L. 90-623, set out as a note under section 5334 of Title

5, Government Organization and Employees.

EFFECTIVE DATE OF 1965 AMENDMENT; REIMBURSEMENT OF EXPENSES

Amendment by Pub. L. 89-101 effective May 1, 1965, and personal

expenses for transportation of motor vehicles transported after

Apr. 30, 1965, and before July 30, 1965, reimbursable, see section

3 of Pub. L. 89-101, set out as a note under section 2634 of Title

10, Armed Forces.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC2-

STORAGE OF HOUSEHOLD EFFECTS

Pub. L. 101-510, div. A, title V, Sec. 503(c), Nov. 5, 1990, 104

Stat. 1558, as amended by Pub. L. 103-160, div. A, title V, Sec.

561(l)(2), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 105-261, div. A,

title V, Sec. 561(f), Oct. 17, 1998, 112 Stat. 2025; Pub. L.

106-398, Sec. 1 [[div. A], title V, Sec. 571(f)], Oct. 30, 2000,

114 Stat. 1654, 1654A-134, provided that:

"(1) The Secretary of a military department shall exercise the

authority provided by section 406 of title 37, United States Code,

to provide nontemporary storage of baggage and household effects

for a period not longer than one year in the case of individuals

who are involuntarily separated during the period beginning on

October 1, 1990, and ending on December 31, 2001.

"(2) For purposes of this subsection, the term 'involuntarily

separated' has the meaning given that term in section 1141 of title

10, United States Code."

REVIVAL OF EXPIRED AMENDMENT

Section 621 of Pub. L. 101-510 provided that: "Subsection (b) of

section 614 of the Department of Defense Authorization Act, 1986

[Pub. L. 99-145, set out as an Effective and Termination Dates of

1985 Amendment note above] (37 U.S.C. note) is repealed. The

amendments made by subsection (a) of that section [amending this

section] are hereby revived effective as of October 1, 1989."

PROHIBITION ON RETROACTIVE PAYMENTS UNDER 1985 AMENDMENT

Section 614(c) of Pub. L. 99-145 prohibited payment of allowances

to members by virtue of the amendments made by subsection (a),

amending this section, in connection with transportation of baggage

and household effects provided the member before Nov. 8, 1985.

ALLOWANCES FOR LABOR IN CONNECTION WITH TRANSPORTATION OF MEMBERS'

BAGGAGE AND EFFECTS; REPORT TO CONGRESS

Section 614(d) of Pub. L. 99-145 required Secretary of Defense to

submit a report to Congress not later than Sept. 30, 1988,

regarding the operation of any program carried out by the military

departments under which payment of a monetary allowance is made to

a member who provides all or a part of the labor in connection with

the transportation of the baggage and household effects of the

member and to include recommendations for legislative action the

Secretary considers appropriate.

MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION OF HOUSEHOLD EFFECTS

Pub. L. 94-212, title VII, Sec. 747, Feb. 9, 1976, 90 Stat. 176,

which provided that appropriations available for transportation of

household goods of members of armed forces under subsec. (b) of

this section shall be available as a monetary allowance for such

transportation, payable in advance under regulations of the

Secretary in an amount which would provide savings to the

Government when compared with the total costs which would otherwise

have been incurred under subsec. (b) of this section, was repealed

and reenacted as subsec. (k) of this section by Pub. L. 97-295,

Secs. 3(4), 6(b), Oct. 12, 1982, 96 Stat. 1303, 1314. Subsec. (k)

was subsequently redesignated (j) and repealed.

FUNERAL TRANSPORTATION AND LIVING EXPENSE BENEFITS; VIETNAM

CONFLICT

Pub. L. 93-257, Mar. 29, 1974, 88 Stat. 53, entitled the "Funeral

Transportation and Living Expense Benefits Act of 1974", authorized

the Secretary of Defense to provide funeral transportation and

living expenses benefits for the family of any deceased member of

the Armed Forces who died while classified as a prisoner of war or

as missing in action during the Vietnam conflict and whose remains

were returned to the United States after January 27, 1973, prior to

repeal by Pub. L. 107-107, div. A, title VI, Sec. 638(b)(3), Dec.

28, 2001, 115 Stat. 1148. See section 411f(d) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403, 406a, 406b, 406c,

407, 409, 411, 420, 427, 1003 of this title; title 5 section 4109;

title 10 sections 1174a, 1175, 2013, 2634; title 14 section 512.

-End-

-CITE-

37 USC Sec. 406a 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 406a. Travel and transportation allowances: authorized for

travel performed under orders that are canceled, revoked, or

modified

-STATUTE-

Under uniform regulations prescribed by the Secretaries

concerned, a member of a uniformed service is entitled to travel

and transportation allowances under section 404 of this title, and

to transportation of his dependents, baggage, and household effects

under sections 406 and 409 of this title, if otherwise qualified,

for travel performed before the effective date of orders that

direct him to make a change of station and that are later -

(1) canceled, revoked, or modified to direct him to return to

the station from which he was being transferred; or

(2) modified to direct him to make a different change of

station.

-SOURCE-

(Added Pub. L. 88-238, Sec. 1(1), Dec. 23, 1963, 77 Stat. 475.)

-MISC1-

EFFECTIVE DATE; LIMITATIONS

Section 2 of Pub. L. 88-238 provided that: "This Act [enacting

this section] becomes effective on October 1, 1949. Any member or

former member of the uniformed services who, after September 30,

1949, but before the date of enactment of this Act [Dec. 23, 1963],

has not been paid, or has repaid the United States, an amount to

which he otherwise would have been entitled had section 1 of this

Act [enacting this section] been in effect during that period is

entitled to be paid or repaid that amount, if the payment or

repayment is otherwise proper and he applies for the payment or

repayment within one year after the date of enactment of this Act."

APPROPRIATIONS

Section 3 of Pub. L. 88-238 provided that: "Any appropriations

available to the departments concerned for the pay and allowances

of members of the uniformed services are available for payments

under this Act [enacting this section]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 407, 420 of this title.

-End-

-CITE-

37 USC Sec. 406b 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 406b. Travel and transportation allowances: members of the

uniformed services attached to a ship overhauling or inactivating

-STATUTE-

(a) Under regulations prescribed by the Secretary concerned, a

member of the uniformed services who is on permanent duty aboard a

ship which is being overhauled or inactivated away from its home

port and whose dependents are residing at the home port of the ship

is entitled to transportation, transportation in kind,

reimbursement for personally procured transportation, or an

allowance for transportation as provided in section 404(d)(3) of

this title for round-trip travel from the port of overhaul or

inactivation to the home port on or after after the thirty-first

calendar day, and every sixtieth calendar day after the

thirty-first calendar day after the date on which the ship enters

the overhaul or inactivation port or after the date on which the

member becomes permanently attached to the ship, whichever date is

later. However, in no event shall the amount of reimbursement for

personally procured transportation or allowance for transportation

exceed the cost of Government-procured commercial round-trip air

travel.

(b) Transportation in kind, reimbursement for personally procured

transportation, or a monetary allowance in place of the cost of

transportation as provided in section 404(d)(1) of this title may

be provided, in lieu of the member's entitlement to transportation,

for the member's dependents from the location that was the home

port of the ship before commencement of overhaul or inactivation to

the port of overhaul or inactivation. The total reimbursement for

transportation for the member's dependents may not exceed the cost

of Government-procured commercial round-trip travel.

(c) In any case in which a member of the uniformed services is

assigned to permanent duty aboard a ship that undergoes a change of

home port to the overhaul or inactivation port, the dependents of

the member may be provided transportation allowances prescribed in

subsections (a) and (b) in lieu of the transportation authorized by

section 406 of this title and section 2634 of title 10.

(d) Section 421 of this title does not apply with respect to

transportation or allowances provided under this section.

-SOURCE-

(Added Pub. L. 91-210, Sec. 1(1), Mar. 13, 1970, 84 Stat. 53;

amended Pub. L. 93-170, Nov. 29, 1973, 87 Stat. 689; Pub. L.

96-513, title V, Sec. 516(11), Dec. 12, 1980, 94 Stat. 2938; Pub.

L. 97-22, Sec. 11(b)(3)(A), July 10, 1981, 95 Stat. 138; Pub. L.

99-145, title VI, Sec. 616(a), (c)(1), Nov. 8, 1985, 99 Stat. 641;

Pub. L. 100-26, Sec. 8(d)(7), Apr. 21, 1987, 101 Stat. 285; Pub. L.

100-180, div. A, title XII, Sec. 1233(a)(3), Dec. 4, 1987, 101

Stat. 1161; Pub. L. 101-189, div. A, title VI, Sec. 624(b), Nov.

29, 1989, 103 Stat. 1448; Pub. L. 102-484, div. A, title X, Sec.

1054(a)(5), Oct. 23, 1992, 106 Stat. 2502.)

-MISC1-

AMENDMENTS

1992 - Subsec. (d). Pub. L. 102-484 substituted "Section 421" for

"Section 420".

1989 - Subsec. (c). Pub. L. 101-189 amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "A

member of the uniformed services on permanent duty aboard a ship

which undergoes a change of home port to the overhaul or

inactivation port and the member's dependents may be provided the

transportation allowances prescribed in subsections (a) and (b) of

this section in lieu of the transportation authorized by section

406 of this title and section 2634 of title 10."

1987 - Subsecs. (a), (b). Pub. L. 100-26, as amended by Pub. L.

100-180, substituted "round-trip" for "round trip" wherever

appearing in subsec. (a) and "round-trip" for "roundtrip" in

subsec. (b).

1985 - Pub. L. 99-145, Sec. 616(c)(1), struck out "away from home

port" in section catchline.

Subsecs. (a) to (d). Pub. L. 99-145, Sec. 616(a), designated

existing provisions as subsec. (a), substituted "calendar day, and

every sixtieth calendar day after the thirty-first calendar day"

for ", ninety-first, and one hundred and fifty-first calendar day",

and added subsecs. (b) to (d).

1981 - Pub. L. 97-22 substituted "uniformed services" for

"Uniformed Services" in section catchline.

1980 - Pub. L. 96-513 substituted "uniformed services" for

"Uniformed Services", "title" for "chapter", and "later. However,"

for "later: Provided, however, That".

1973 - Pub. L. 93-170 substituted "overhauling or inactivating"

for "overhauling" in section catchline, and "overhauled or

inactivated" and "overhaul or inactivation" for "overhauled" and

"overhaul" respectively, wherever appearing in text.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by section 1233(a)(3) of Pub. L. 100-180 applicable as

if included in the enactment of the Defense Technical Corrections

Act of 1987, Pub. L. 100-26, see section 1233(c) of Pub. L.

100-180, set out as a note under section 101 of Title 10, Armed

Forces.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 616(b) of Pub. L. 99-145 provided that: "The travel

allowances authorized by the amendments made by this section

[amending this section] are payable only for travel that commences

after September 30, 1985, but may be paid for members assigned to

vessels being overhauled or inactivated away from home port on the

date of the enactment of this Act [Nov. 8, 1985]."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

Title 10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 420 of this title.

-End-

-CITE-

37 USC Sec. 406c 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 406c. Travel and transportation allowances: members assigned

to a vessel under construction

-STATUTE-

(a) Allowance Authorized. - (1) Under regulations prescribed by

the Secretary concerned, a member of the uniformed services who is

assigned to permanent duty aboard a ship that is under construction

at a location other than -

(A) the designated home port of the ship; or

(B) the area where the dependents of the member are residing,

is entitled to transportation, or an allowance for transportation

under section 404(d)(3) of this title, for round-trip travel from

the port of construction to either of those locations as provided

in paragraph (2).

(2) A member referred to in paragraph (1) shall be entitled to

such transportation or allowance on or after the thirty-first day

(and every sixtieth day after the thirty-first day) after the later

of -

(A) the date on which the ship enters the construction port;

and

(B) the date on which the member becomes permanently assigned

to the ship.

(3) The amount of reimbursement for personally procured

transportation or the allowance for transportation under this

subsection may not exceed the cost of Government-procured

commercial round-trip air travel.

(b) Dependents Travel. - (1) In lieu of the entitlement of a

member of the uniformed services to transportation under subsection

(a), the Secretary concerned may provide transportation in kind,

reimbursement for personally procured transportation, or a monetary

allowance in place of the cost of transportation as provided in

section 404(d)(1) of this title for the travel of the dependents of

the member from the designated home port of the ship, or the area

where the dependents of the member are residing, to the port of

construction.

(2) The total reimbursement for transportation for the member's

dependents under paragraph (1) may not exceed the cost of

Government-procured commercial round-trip travel.

(c) Change of Home Port. - In any case in which a member of the

uniformed services assigned to permanent duty aboard a ship that

undergoes a change of home port to the port at which the ship is

being constructed, the dependents of such member may be provided

the transportation allowances prescribed in subsections (a) and (b)

in lieu of the transportation authorized by section 406 of this

title and section 2634 of title 10.

(d) Application of Other Law. - Section 420 of this title does

not apply with respect to transportation or allowances provided

under this section.

-SOURCE-

(Added Pub. L. 101-189, div. A, title VI, Sec. 624(a)(1), Nov. 29,

1989, 103 Stat. 1447; amended Pub. L. 102-190, div. A, title VI,

Sec. 622, Dec. 5, 1991, 105 Stat. 1378.)

-MISC1-

AMENDMENTS

1991 - Subsec. (b)(1). Pub. L. 102-190 substituted "the

designated home port of the ship, or the area where the dependents

of the member are residing," for "the location that was the home

port of the ship before commencement of construction".

-End-

-CITE-

37 USC Sec. 407 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 407. Travel and transportation allowances: dislocation

allowance

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

407(a) 37:253(c) (4th sentence). Oct. 12, 1949, ch. 681,

Sec. 303(c) (4th through

8th sentences); added

Mar. 31, 1955, ch. 20,

Sec. 2(12), 69 Stat. 21.

407(b)

407(c)

37:253(c) (5th, 6th, and

7th, sentences).

37:253(c) (8th sentence).

--------------------------------------------------------------------

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 411, 420, 1003, 1006 of

this title.

-End-

-CITE-

37 USC Sec. 408 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 408. Travel and transportation allowances: travel within

limits of duty station

-STATUTE-

(a) A member of a uniformed service may be directed, by

regulations of the head of the department or agency in which he is

serving, to procure transportation necessary for conducting

official business of the United States within the limits of his

station. Expenses so incurred by the member for train, bus,

streetcar, taxicab, ferry, bridge, and similar fares and tolls, or

for the use of privately owned vehicles at a fixed rate a mile plus

parking fees, shall be defrayed by the department or agency under

which he is serving, or the member is entitled to be reimbursed for

the expense.

(b)(1) Under regulations prescribed by the Secretary concerned, a

member of a uniformed service who performs emergency duty described

in paragraph (2) is entitled to travel and transportation

allowances under section 404 of this title for that duty.

(2) The emergency duty referred to in paragraph (1) is duty that

-

(A) is performed by a member under emergency circumstances that

threaten injury to property of the Federal Government or human

life;

(B) is performed at a location within the limits of the

member's station (other than at the residence or normal duty

location of the member);

(C) is performed pursuant to the direction of competent

authority; and

(D) requires the member's use of overnight accommodations.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 475; Pub. L. 99-145, title

VI, Sec. 619(a), Nov. 8, 1985, 99 Stat. 642; Pub. L. 100-26, Sec.

8(d)(6), Apr. 21, 1987, 101 Stat. 285; Pub. L. 102-190, div. A,

title VI, Sec. 623, Dec. 5, 1991, 105 Stat. 1379.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

408 40:491(m). June 30, 1949, ch. 288,

Sec. 211(m); added Sept.

1, 1954, ch. 1211, Sec.

2 (13th par.), 68 Stat.

1126.

--------------------------------------------------------------------

The words "(as defined in the Career Compensation Act of 1949, as

amended)" and "so directed" are omitted as surplusage. The words

"official business of the United States" are substituted for the

words "official Government business".

AMENDMENTS

1991 - Pub. L. 102-190 designated existing provisions as subsec.

(a) and added subsec. (b).

1987 - Pub. L. 100-26 substituted "privately owned" for

"privately-owned".

1985 - Pub. L. 99-145 inserted "plus parking fees" after "fixed

rate a mile".

EFFECTIVE DATE OF 1985 AMENDMENT

Section 619(b) of Pub. L. 99-145 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to parking fees incurred after September 30, 1985."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 420 of this title.

-End-

-CITE-

37 USC Sec. 409 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 409. Travel and transportation allowances: house trailers and

mobile homes

-STATUTE-

(a)(1) A member, or in the case of a member's death, the member's

dependent, who would otherwise be entitled to transportation of

baggage and household effects under section 406 of this title, may

be provided transportation of a house trailer or mobile home

dwelling within the continental United States, within Alaska, or

between the continental United States and Alaska (or reimbursement

for such transportation), if the house trailer or mobile home

dwelling is intended for use as a residence by such member or

dependent. Such transportation may be limited to such modes and

maximum costs as may be prescribed by regulations under subsection

(d).

(2) Except as provided in subsection (c), transportation of a

house trailer or mobile home dwelling under paragraph (1) is in

place of the transportation of baggage and household effects the

member or member's dependent would otherwise be entitled to have

provided.

(3) The cost of transportation of a house trailer or mobile home

dwelling under paragraph (1) may not be more than the total cost of

transportation (including packing, pick-up, line-haul or drayage,

delivery, and unpacking) of baggage and household effects of the

member or dependent having the maximum weight authorized for the

member or dependent under regulations prescribed by the Secretary

concerned.

(4) A house trailer or mobile home dwelling in transit under this

section may be stored up to 180 days in accordance with regulations

prescribed by the Secretary concerned.

(b) Any payment authorized by this section may be made in advance

of the transportation concerned.

(c) A member or member's dependent who is entitled to the

transportation of baggage or household effects from a place inside

the continental United States or Alaska to a place outside the

continental United States or Alaska, or from a place outside the

continental United States or Alaska to a place inside the

continental United States or Alaska, may be provided the

transportation of a house trailer or mobile dwelling under this

section, but the total cost to the Government of the transportation

of baggage and household effects and the transport of a house

trailer or mobile home dwelling may not exceed the cost of

transporting baggage and household effects of the member or

dependent having the maximum weight authorized for the member or

dependent under regulations prescribed by the Secretary concerned.

(d) The Secretaries concerned shall prescribe regulations to

carry out this section.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 475; Pub. L. 88-406, Aug.

7, 1964, 78 Stat. 383; Pub. L. 89-718, Secs. 61, 62, Nov. 2, 1966,

80 Stat. 1123; Pub. L. 90-246, Jan. 2, 1968, 81 Stat. 782; Pub. L.

96-342, title VIII, Sec. 808(a)(1), Sept. 8, 1980, 94 Stat. 1096;

Pub. L. 100-26, Sec. 8(e)(6), Apr. 21, 1987, 101 Stat. 286; Pub. L.

102-25, title VII, Sec. 702(b)(1), (2), (c), Apr. 6, 1991, 105

Stat. 117; Pub. L. 107-314, div. A, title VI, Sec. 654(b)(3), Dec.

2, 2002, 116 Stat. 2582.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

409 37:253(c) (12th sentence). Oct. 12, 1949, ch. 681,

Sec. 303(c) (12th

sentence); added Mar.

31, 1955, ch. 20, Sec.

2(13), 69 Stat. 22; Mar.

17, 1958, Pub. L.

85-347, 72 Stat. 37;

restated Oct. 4, 1961,

Pub. L. 87-374, 75 Stat.

804.

--------------------------------------------------------------------

The words "the United States, except in Hawaii or Alaska," are

substituted for the words "the continental United States" to

conform to the definition of United States in section 101(1) of

this revised title and to reflect the opinion of the Comptroller

General in B-139624, June 29, 1959, that Alaska was not included

within those words. The words "an agent of the United States" are

substituted for the words "the Government", for clarity. The words

"United States" are substituted for the word "Government". The

words "of the uniformed services" are omitted as surplusage in view

of the definition of member in section 101(23) of this revised

title.

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-314 struck out subsec. (e) which

read as follows: "In this section, the term 'continental United

States' means the 48 contiguous States and the District of

Columbia."

1991 - Subsec. (a)(1) to (3). Pub. L. 102-25 struck out "of this

section" and "of this subsection" wherever appearing.

1987 - Subsec. (e). Pub. L. 100-26 inserted "the term" after "In

this section,".

1980 - Pub. L. 96-342 completely revised and expanded provisions

covering the travel and transportation allowances for the movement

of house trailers and mobile homes, changing the structure of the

section from a single unlettered paragraph to one consisting of

five subsections lettered (a) to (e).

1968 - Pub. L. 90-246 substituted "74 cents" for "51 cents" as

maximum allowable cost-of-transportation mileage rate.

1966 - Pub. L. 89-718 substituted "household effects" for

"household goods" and "48" for "forty-eight".

1964 - Pub. L. 88-406 substituted "continental United States,

within Alaska, or between the continental United States and Alaska"

for "United States except in Hawaii or Alaska", "51 cents" for "36

cents", inserted "by the United States or" in cl. (2), and defined

"continental United States".

EFFECTIVE DATE OF 1980 AMENDMENT

Section 808(b) of Pub. L. 96-342 provided that: "The amendments

made by subsection (a) [amending this section] shall only apply to

transportation of house trailers and mobile home dwellings which is

completed after September 30, 1980."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 406a, 411, 420, 554, 1003

of this title; title 5 section 4109; title 10 section 2013.

-End-

-CITE-

37 USC Sec. 410 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 410. Travel and transportation allowances: miscellaneous

categories

-STATUTE-

(a) The following persons are entitled to such travel and

transportation allowances provided by section 404 of this title as

prescribed by the Secretaries concerned -

(1) cadets of the United States Military Academy;

(2) midshipmen of the United States Naval Academy;

(3) cadets of the United States Air Force Academy;

(4) cadets of the Coast Guard Academy;

(5) applicants for enlistment;

(6) rejected applicants for enlistment;

(7) general prisoners;

(8) discharged prisoners;

(9) insane patients transferred from military hospitals to

other hospitals or to their homes; and

(10) persons discharged from Saint Elizabeths Hospital after

transfer from a uniformed service.

(b) The Secretary concerned shall, in prescribing allowances

under subsection (a), consider the rights of the United States, as

well as those of the persons concerned.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 475; Pub. L. 102-25, title

VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

410(a) 37:253(e) (less last 25 Oct. 12, 1949, ch. 681,

words). Sec. 303(e), 63 Stat.

815.

410(b) 37:253(e) (last 25 words).

--------------------------------------------------------------------

AMENDMENTS

1991 - Subsec. (b). Pub. L. 102-25 struck out "of this section"

after "subsection (a)".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 411, 420, 422, 1003 of

this title.

-End-

-CITE-

37 USC Sec. 411 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 411. Travel and transportation allowances: administrative

provisions

-STATUTE-

(a) For the administration of sections 404(a), (b), and (d)-(f),

404a, 405, 405a, 406(a)-(f), 407, 409, and 410 of this title, the

Secretaries concerned shall prescribe regulations that are, as far

as practicable, uniform for all of the uniformed services.

(b) In establishing the rates and kinds of allowances authorized

by the sections of this title designated by subsection (a), the

Secretaries concerned shall -

(1) consider the average cost of common carrier transportation

when prescribing a monetary allowance in place of transportation;

(2) consider the current economic data on the cost of

subsistence, including lodging and other necessary incidental

expenses related thereto, when prescribing per diem rates and

designating areas as high cost areas; and

(3) consider the average cost of transportation and current

economic data on the cost of subsistence, including lodging and

other necessary incidental expenses relating thereto, when

prescribing mileage allowances.

(c) The Secretaries concerned shall determine what constitutes a

travel status for the purposes of the sections of this title

designated by subsection (a).

(d) The Secretary concerned shall define the term "permanent

station" for the purposes of the sections of this title designated

by subsection (a). The definition shall include a shore station or

the home yard or home port of a vessel to which a member of a

uniformed service who is entitled to basic pay may be ordered. An

authorized change in the home yard or home port of such a vessel is

a change of permanent station.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 476; Pub. L. 89-26, Sec.

1(5), May 22, 1965, 79 Stat. 117; Pub. L. 96-343, Sec. 5(b), Sept.

8, 1980, 94 Stat. 1126; Pub. L. 96-513, title V, Sec. 516(12), Dec.

12, 1980, 94 Stat. 2938; Pub. L. 97-60, title I, Sec. 122(b), Oct.

14, 1981, 95 Stat. 1003; Pub. L. 102-25, title VII, Sec. 702(b)(1),

(c), Apr. 6, 1991, 105 Stat. 117.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

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411(a) 37:253(h). Oct. 12, 1949, ch. 681,

Sec. 303(c) (10th

sentence), (f), (g),

(h), 63 Stat. 814.

411(b)

411(c)

411(d)

37:253(f).

37:253(g).

37:253(c) (10th sentence).

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In subsection (a), section 253(h) (provisos) of existing title 37

is omitted, since the regulations to which reference is made have

been issued. The exceptions to sections 404(c) and 406(g) are

inserted, since the source text for those subsections require

regulations prescribed thereunder to be uniform.

In subsections (c) and (d), the words "for the purposes of the

sections of this title designated by subsection (a) of this

section" are inserted to clarify the coverage of the source

statute.

AMENDMENTS

1991 - Subsecs. (b) to (d). Pub. L. 102-25 struck out "of this

section" after "subsection (a)".

1981 - Subsec. (a). Pub. L. 97-60 inserted reference to section

404a.

1980 - Subsec. (b)(1). Pub. L. 96-343, Sec. 5(b)(1), substituted

"common carrier transportation" for "first-class transportation,

including sleeping accommodations,".

Subsec. (b)(2). Pub. L. 96-343, Sec. 5(b)(2), inserted "and

designating areas as high cost areas" after "rates".

Subsec. (b)(3). Pub. L. 96-343, Sec. 5(b)(3), substituted

"transportation" for "first-class transportation, including

sleeping accommodations" and "allowances" for "rates".

Subsec. (d). Pub. L. 96-513 substituted "term" for "words".

1965 - Subsec. (a). Pub. L. 89-26 inserted reference to section

405a.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-60 effective Apr. 1, 1982, see section

122(c) of Pub. L. 97-60, set out as an Effective Date note under

section 404a of this title.

EFFECTIVE DATE OF 1980 AMENDMENTS

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

Title 10, Armed Forces.

Amendment by Pub. L. 96-343 effective with respect to travel and

transportation performed after Aug. 31, 1980, see section 5(c) of

Pub. L. 96-343, set out as a note under section 404 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 420, 1003 of this title.

-End-

-CITE-

37 USC Sec. 411a 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 411a. Travel and transportation allowances: travel performed

in connection with convalescent leave

-STATUTE-

(a) Under uniform regulations prescribed by the Secretaries

concerned, a member of a uniformed service is entitled to travel

and transportation allowances for travel from his place of medical

treatment in the continental United States to a place selected by

him and approved by the Secretary concerned, and return, when the

Secretary concerned determines that the member is traveling in

connection with authorized leave for convalescence from illness or

injury incurred while the member was eligible for the receipt of

hostile fire pay under section 310 of this title.

(b) The allowances prescribed under this section may not be at

rates more than the rates authorized under section 404(d)(1) of

this title. Authorized travel under this section is performed in a

duty status.

-SOURCE-

(Added Pub. L. 90-207, Sec. 9(1), Dec. 16, 1967, 81 Stat. 655.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1967, see section 7 of Pub. L. 90-207,

set out as an Effective Date of 1967 Amendment note under section

203 of this title.

-End-

-CITE-

37 USC Sec. 411b 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 411b. Travel and transportation allowances: travel performed

in connection with leave between consecutive overseas tours

-STATUTE-

(a) Allowances Authorized. - Under uniform regulations prescribed

by the Secretaries concerned, a member of a uniformed service

stationed outside the continental United States who is ordered to a

consecutive tour of duty at the same duty station or who is ordered

to make a change of permanent station to another duty station

outside the continental United States may be paid travel and

transportation allowances in connection with authorized leave from

his last duty station to a place approved by the Secretary

concerned and from that place to his designated post of duty. Such

allowances may be paid for the member and for the dependents of the

member who are authorized to, and do, accompany him at his duty

stations.

(b) Authority to Defer Travel; Limitations. - (1) Under the

regulations referred to in subsection (a), a member may defer the

travel for which the member is paid travel and transportation

allowances under this section until any time before the completion

of the consecutive tour at the same duty station or the completion

of the tour of duty at the new duty station under the order

involved, as the case may be.

(2) If a member is unable to undertake the travel before

expiration of the deferral period under paragraph (1) because of

duty in connection with a contingency operation, the member may

defer the travel until not more than one year after the date on

which the member's duty in connection with the contingency

operation ends.

(c) Limitation on Allowance Rate. - The allowances prescribed

under this section may not exceed the rate authorized under section

404(d) of this title. Authorized travel under this section is

performed in a duty status.

-SOURCE-

(Added Pub. L. 93-213, Sec. 1(1), Dec. 28, 1973, 87 Stat. 910;

amended Pub. L. 97-60, title I, Sec. 125, Oct. 14, 1981, 95 Stat.

1003; Pub. L. 99-145, title VI, Sec. 615(a), Nov. 8, 1985, 99 Stat.

641; Pub. L. 100-26, Sec. 8(d)(8), Apr. 21, 1987, 101 Stat. 286;

Pub. L. 100-180, div. A, title VI, Sec. 614(d)(1), (2), Dec. 4,

1987, 101 Stat. 1095; Pub. L. 102-190, div. A, title VI, Sec. 624,

Dec. 5, 1991, 105 Stat. 1379; Pub. L. 104-201, div. A, title VI,

Sec. 623(a), Sept. 23, 1996, 110 Stat. 2548; Pub. L. 107-107, div.

A, title VI, Sec. 637, Dec. 28, 2001, 115 Stat. 1146; Pub. L.

107-314, div. A, title VI, Secs. 621(a), (b), 654(b)(4), Dec. 2,

2002, 116 Stat. 2570, 2571, 2582.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-314, Secs. 621(b)(1), 654(b)(4),

inserted heading, struck out par. (1) designation before "under

uniform", substituted "the continental United States" for "the 48

contiguous States and the District of Columbia" in two places, and

struck out par. (2) which read as follows: "Under the regulations

referred to in paragraph (1), a member may defer the travel for

which the member is paid travel and transportation allowances under

such paragraph until not more than one year after the date on which

the member begins the consecutive tour of duty at the same duty

station or reports to another duty station under the order

involved, as the case may be. If the member is unable to undertake

the travel before the end of such one-year period as a result of

duty in connection with a contingency operation, the member may

defer the travel for one additional year beginning on the date the

duty of the member in connection with the contingency operation

ends."

Subsecs. (b), (c). Pub. L. 107-314, Sec. 621(a), (b)(2), added

subsec. (b), redesignated former subsec. (b) as (c), and inserted

heading.

2001 - Subsec. (a)(1). Pub. L. 107-107 struck out ", or his

designee, or to a place no farther distant than his home of record"

after "place approved by the Secretary concerned".

1996 - Subsec. (a)(2). Pub. L. 104-201 inserted at end "If the

member is unable to undertake the travel before the end of such

one-year period as a result of duty in connection with a

contingency operation, the member may defer the travel for one

additional year beginning on the date the duty of the member in

connection with the contingency operation ends."

1991 - Subsec. (a)(2). Pub. L. 102-190 amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "If,

because of military necessity, a member authorized travel and

transportation allowances under this subsection is denied leave

between the two tours of duty outside the 48 contiguous States and

the District of Columbia, the member shall be authorized to use

such travel and transportation allowances from his current duty

station at the time the member is first granted leave -

"(A) which is to be taken away from the member's permanent duty

station; and

"(B) for which a travel and transportation allowance is not

otherwise authorized."

1987 - Pub. L. 100-180, Sec. 614(d)(2), amended section catchline

generally, substituting "leave between consecutive overseas tours"

for "certain leave".

Subsec. (a). Pub. L. 100-26 substituted "48" for "forty-eight"

wherever appearing.

Subsec. (a)(2). Pub. L. 100-180, Sec. 614(d)(1), substituted "the

time the member is first granted leave - " for "the first time the

member is granted leave." and added subpars. (A) and (B).

1985 - Subsec. (a)(1). Pub. L. 99-145 struck out "if he is a

member without dependents," after "home of record", struck out ",

if either his last duty station or his designated post of duty is a

restricted area in which dependents are not authorized" after "post

of duty" in first sentence, and inserted "such allowances may be

paid for the member and for the dependents of the member who are

authorized to, and do, accompany him at his duty stations."

1981 - Subsec. (a). Pub. L. 97-60 designated existing provisions

as par. (1), inserted "who is ordered to a consecutive tour of duty

at the same duty station or" after "District of Columbia", and

added par. (2).

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-314, div. A, title VI, Sec. 621(c), Dec. 2, 2002, 116

Stat. 2571, provided that: "Subsection (b) of section 411b of title

37, United States Code, as added by subsection (a), shall apply

with respect to members of the uniformed services in a deferred

leave travel status under such section as of the date of the

enactment of this Act [Dec. 2, 2002] or becomes entitled [sic] to

travel and transportation allowances under such section on or after

that date."

EFFECTIVE DATE OF 1996 AMENDMENT

Section 623(b) of Pub. L. 104-201 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect as

of November 1, 1995."

EFFECTIVE DATE OF 1985 AMENDMENT

Section 615(b) of Pub. L. 99-145 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to orders to change a permanent station that are effective

after September 30, 1985."

-End-

-CITE-

37 USC Sec. 411c 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 411c. Travel and transportation allowances: travel performed

in connection with rest and recuperative leave from certain

stations in foreign countries

-STATUTE-

(a) Under uniform regulations prescribed by the Secretaries

concerned, a member of a uniformed service who is serving at a duty

station outside the United States in an area specifically

designated for the purposes of this section by the Secretary

concerned may be paid for or provided transportation for himself

and his dependents authorized to reside at his duty station -

(1) to another location outside the United States having

different social, climatic, or environmental conditions than

those at the duty station at which the member is serving; or

(2) to a location in the United States.

(b) When the transportation authorized by subsection (a) is

provided by the Secretary concerned, the Secretary may use

Government or commercial carriers. The Secretary concerned may

limit the amount of payments made to members under subsection (a).

-SOURCE-

(Added Pub. L. 97-60, title I, Sec. 126(a), Oct. 14, 1981, 95 Stat.

1003; amended Pub. L. 100-26, Sec. 8(d)(9), Apr. 21, 1987, 101

Stat. 286; Pub. L. 105-261, div. A, title VI, Sec. 633(a), (b)(1),

Oct. 17, 1998, 112 Stat. 2044.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-261, Sec. 633(b)(1), substituted "rest and

recuperative leave from certain stations" for "leave from certain

stations" in section catchline.

Subsec. (b). Pub. L. 105-261, Sec. 633(a), added subsec. (b) and

struck out former subsec. (b) which read as follows: "The

transportation authorized by this section is limited to

transportation of the member, and of each dependent of the member,

for one round-trip during any tour of at least 24, but less than

36, consecutive months or two round-trips during any tour of at

least 36 consecutive months."

1987 - Subsec. (b). Pub. L. 100-26 substituted "round-trip" for

"roundtrip" and "round-trips" for "roundtrips".

-End-

-CITE-

37 USC Sec. 411d 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 411d. Travel and transportation allowances: transportation

incident to personal emergencies for certain members and

dependents

-STATUTE-

(a) Under uniform regulations prescribed by the Secretaries

concerned, transportation in accordance with subsection (b) may be

provided for a member of a uniformed service and for dependents of

that member authorized to reside at the member's duty station (or

authorized to reside at another location and receive a station

allowance) incident to emergency leave granted for reasons of a

personal emergency (or in the case of transportation provided only

for a dependent, under circumstances involving a personal emergency

similar to the circumstances for which emergency leave could be

granted a member).

(b)(1) In the case of a member stationed outside the continental

United States and the dependents of such a member, transportation

under this section may be provided from the location of the member

or dependents, at the time notification of the personal emergency

is received, or the member's permanent duty station (and if the

member's dependents reside at another overseas location and receive

a station allowance, from that location) -

(A) to the international airport in the continental United

States closest to the location from which the member and his

dependents departed;

(B) to any airport in the continental United States to which

travel can be arranged at the same or a lower cost as travel

obtained under subparagraph (A); or

(C) to an airport in Alaska, Hawaii, the Commonwealth of Puerto

Rico, any possession of the United States, or any other location

outside the continental United States, as determined by the

Secretary concerned.

(2) In the case of a member whose domicile is outside the

continental United States and who is stationed in the continental

United States and the dependents of such a member, transportation

under this section may be provided from the international airport

in the continental United States nearest the location of the member

and dependents at the time notification of the personal emergency

is received or the international airport nearest the member's

permanent duty station to an international airport in Alaska,

Hawaii, the Commonwealth of Puerto Rico, a possession of the United

States, or any other location outside the continental United

States, as determined by the Secretary concerned.

(3) In the case of a member stationed outside the continental

United States whose dependents reside in the continental United

States, transportation under this section may be provided for the

member as described in paragraph (1) and for the dependents as

described in paragraph (2).

(4) Whenever transportation is provided under this section,

return transportation may be provided to the location from which

the member or dependent departed or the member's duty station.

(c) Transportation under this section may be authorized only upon

a determination that, considering the nature of the personal

emergency involved, Government transportation is not reasonably

available. The cost of transportation authorized under this section

for a member, or the dependents of a member, may not exceed the

cost of Government-procured commercial air travel between the

applicable locations described in subsection (b).

-SOURCE-

(Added Pub. L. 97-60, title I, Sec. 126(a), Oct. 14, 1981, 95 Stat.

1004; amended Pub. L. 98-525, title VI, Sec. 612(a)(1), Oct. 19,

1984, 98 Stat. 2538; Pub. L. 100-26, Sec. 8(e)(6), Apr. 21, 1987,

101 Stat. 286; Pub. L. 102-25, title VII, Sec. 702(b)(1), (2), (c),

Apr. 6, 1991, 105 Stat. 117; Pub. L. 103-337, div. A, title VI,

Sec. 623, Oct. 5, 1994, 108 Stat. 2784; Pub. L. 106-65, div. A,

title VI, Sec. 633, Oct. 5, 1999, 113 Stat. 661; Pub. L. 107-314,

div. A, title VI, Sec. 654(b)(5), Dec. 2, 2002, 116 Stat. 2582.)

-MISC1-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-314 struck out subsec. (d) which

read as follows: "In this section, the term 'continental United

States' means the 48 contiguous States and the District of

Columbia."

1999 - Subsec. (b)(1). Pub. L. 106-65 struck out "or" at end of

subpar. (A), added subpar. (B), and redesignated former subpar. (B)

as (C).

1994 - Subsec. (b)(1). Pub. L. 103-337, Sec. 623(1)(A),

substituted "from the location of the member or dependents, at the

time notification of the personal emergency is received, or" for

"from the international airport nearest the location of the member

and dependents at the time notification of the personal emergency

is received or the international airport nearest" in introductory

provisions.

Subsec. (b)(1)(A). Pub. L. 103-337, Sec. 623(1)(B), substituted

"closest to the location" for "closest to the international

airport".

Subsec. (b)(4). Pub. L. 103-337, Sec. 623(2), substituted "to the

location from which the member or dependent departed or the

member's duty station." for "to the international airport from

which the member or dependent departed or the international airport

nearest the member's duty station."

1991 - Subsecs. (a), (b)(3), (c). Pub. L. 102-25 struck out "of

this section" in subsecs. (a) and (c) and "of this subsection" in

two places in subsec. (b)(3).

1987 - Subsec. (d). Pub. L. 100-26 inserted "the term" after "In

this section,".

1984 - Pub. L. 98-525 substituted "personal emergencies for

certain members and dependents" for "certain emergencies for

members performing temporary duty" in section catchline.

Subsec. (a). Pub. L. 98-525 substituted "transportation in

accordance with subsection (b) of this section may be provided for

a member of a uniformed service and for dependents of that member

authorized to reside at the member's duty station (or authorized to

reside at another location and receive a station allowance)

incident to emergency leave granted for reasons of a personal

emergency (or in the case of transportation provided only for a

dependent, under circumstances involving a personal emergency

similar to the circumstances for which emergency leave could be

granted a member)" for "a member of a uniformed service who is

performing temporary duty away from his permanent duty station (or

who is assigned to a ship or unit operating away from its home

port) may be provided the travel and transportation authorized by

section 404 of this title for travel performed by the member from

his place of temporary duty (or from his ship or unit) to his

permanent duty station (or the home port of the ship or unit) or to

any other location, and return (if applicable), if such travel has

been approved incident to the serious illness or injury or the

death of a dependent of the member".

Subsec. (b). Pub. L. 98-525 added subsec. (b). Former subsec. (b)

redesignated (c).

Subsec. (c). Pub. L. 98-525 redesignated subsec. (b) as (c),

substituted "Transportation under this section may be authorized

only upon a determination that, considering the nature of the

personal emergency involved, Government transportation is not

reasonably available" for "Transportation under this section may be

authorized only upon a determination that Government transportation

is not reasonably available, considering the nature of the personal

emergency involved", and substituted "The cost of transportation

authorized under this section for a member, or the dependents of a

member, may not exceed the cost of Government-procured commercial

air travel between the applicable locations described in subsection

(b) of this section" for "The cost of transportation authorized

under this section may not exceed the cost of Government-procured

commercial air travel from the member's place of temporary duty (or

from his ship or unit) to the member's permanent duty station (or

the home port of the ship or unit), and return (if applicable)".

Subsec. (d). Pub. L. 98-525 added subsec. (d).

EFFECTIVE DATE OF 1984 AMENDMENT

Section 612(b) of Pub. L. 98-525 provided that: "The amendment

made by subsection (a)(1) [amending this section] shall apply with

respect to transportation begun after September 30, 1984."

-End-

-CITE-

37 USC Sec. 411e 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 411e. Travel and transportation allowances: transportation

incident to certain emergencies for members performing temporary

duty

-STATUTE-

(a) Under uniform regulations prescribed by the Secretaries

concerned, a member of a uniformed service who is performing

temporary duty away from his permanent duty station (or who is

assigned to a ship or unit operating away from its home port) may

be provided the travel and transportation authorized by section 404

of this title for travel performed by the member from his place of

temporary duty (or from his ship or unit) to his permanent duty

station (or the home port of the ship or unit) or to any other

location, and return (if applicable), if such travel has been

approved incident to a personal emergency of the member.

(b) Transportation under this section may be authorized only upon

a determination that Government transportation is not reasonably

available, considering the nature of the personal emergency

involved. The cost of transportation authorized under this section

may not exceed the cost of Government-procured commercial air

travel from the member's place of temporary duty (or from his ship

or unit) to the member's permanent duty station (or the home port

of the ship or unit), and return (if applicable).

-SOURCE-

(Added Pub. L. 97-60, title I, Sec. 126(a), Oct. 14, 1981, 95 Stat.

1004; amended Pub. L. 100-456, div. A, title VI, Sec. 623(a), Sept.

29, 1988, 102 Stat. 1984.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-456 substituted "incident to a

personal emergency of the member" for "incident to the serious

illness or injury or the death of a dependent of the member".

EFFECTIVE DATE OF 1988 AMENDMENT

Section 623(b) of Pub. L. 100-456 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to travel performed after September 30, 1988."

-End-

-CITE-

37 USC Sec. 411f 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 411f. Travel and transportation allowances: transportation for

survivors of deceased member to attend the member's burial

ceremonies

-STATUTE-

(a) Allowances Authorized. - (1) The Secretary concerned may

provide round trip travel and transportation allowances to eligible

relatives of a member of the uniformed services who dies while on

active duty or inactive duty in order that the eligible relatives

may attend the burial ceremony of the deceased member.

(2) The Secretary concerned may also provide round trip travel

and transportation allowances to an attendant who accompanies an

eligible relative provided travel and transportation allowances

under paragraph (1) for travel to the burial ceremony if the

Secretary concerned determines that -

(A) the accompanied eligible relative is unable to travel

unattended because of age, physical condition, or other

justifiable reason; and

(B) there is no other eligible relative of the deceased member

traveling to the burial ceremony who is eligible for travel and

transportation allowances under paragraph (1) and is qualified to

serve as the attendant.

(b) Limitations. - (1) Except as provided in paragraphs (2) and

(3), allowances under subsection (a) are limited to travel and

transportation to a location in the United States, Puerto Rico, and

the possessions of the United States and may not exceed the rates

for two days and the time necessary for such travel.

(2) If a deceased member was ordered or called to active duty

from a place outside the United States, Puerto Rico, or the

possessions of the United States, the allowances authorized under

subsection (a) may be provided to and from such place and may not

exceed the rates for two days and the time necessary for such

travel.

(3) If a deceased member is interred in a cemetery maintained by

the American Battle Monuments Commission, the travel and

transportation allowances authorized under subsection (a) may be

provided to and from such cemetery and may not exceed the rates for

two days and the time necessary for such travel.

(c) Eligible Relatives. - (1) The following members of the family

of a deceased member of the uniformed services are eligible for the

travel and transportation allowances under subsection (a)(1):

(A) The surviving spouse (including a remarried surviving

spouse) of the deceased member.

(B) The unmarried child or children of the deceased member

referred to in section 401(a)(2) of this title.

(C) If no person described in subparagraph (A) or (B) is

provided travel and transportation allowances under subsection

(a)(1), the parent or parents of the deceased member (as defined

in section 401(b)(2) of this title).

(2) If no person described in paragraph (1) is provided travel

and transportation allowances under subsection (a)(1), the travel

and transportation allowances may be provided to -

(A) the person who directs the disposition of the remains of

the deceased member under section 1482(c) of title 10, or, in the

case of a deceased member whose remains are commingled and buried

in a common grave in a national cemetery, the person who would

have been designated under such section to direct the disposition

of the remains if individual identification had been made; and

(B) up to two additional persons closely related to the

deceased member who are selected by the person referred to in

subparagraph (A).

(d) Expanded Allowances Related to Recovery of Remains From

Vietnam Conflict. - (1) The Secretary of Defense may provide round

trip travel and transportation allowances for the family of a

deceased member of the armed forces who died while classified as a

prisoner of war or as missing in action during the Vietnam conflict

and whose remains are returned to the United States in order that

the family members may attend the burial ceremony of the deceased

member.

(2) The allowances under paragraph (1) shall include round trip

transportation from the places of residence of such family members

to the burial ceremony and such living expenses and other

allowances as the Secretary of Defense considers appropriate.

(3) For purposes of paragraph (1), eligible family members of the

deceased member of the armed forces include the following:

(A) The surviving spouse (including a remarried surviving

spouse) of the deceased member.

(B) The child or children, including children described in

section 401(b)(1) of this title, of the deceased member.

(C) The parent or parents of the deceased member (as defined in

section 401(b)(2) of this title).

(D) If no person described in subparagraph (A), (B), or (C) is

provided travel and transportation allowances under paragraph

(1), any brothers, sisters, halfbrothers, halfsisters,

stepbrothers, and stepsisters of the deceased member.

(e) Burial Ceremony Defined. - In this section, the term "burial

ceremony" includes the following:

(1) An interment of casketed or cremated remains.

(2) A placement of cremated remains in a columbarium.

(3) A memorial service for which reimbursement is authorized

under section 1482(d)(2) of title 10.

(4) A burial of commingled remains that cannot be individually

identified in a common grave in a national cemetery.

(f) Regulations. - The Secretaries concerned shall prescribe

uniform regulations to carry out this section.

-SOURCE-

(Added Pub. L. 99-145, title VI, Sec. 620(a)(1), Nov. 8, 1985, 99

Stat. 642; amended Pub. L. 100-456, div. A, title VI, Sec. 632(b),

Sept. 29, 1988, 102 Stat. 1986; Pub. L. 103-35, title II, Sec.

204(a)(2), May 31, 1993, 107 Stat. 102; Pub. L. 107-107, div. A,

title VI, Sec. 638(a), Dec. 28, 2001, 115 Stat. 1146.)

-MISC1-

AMENDMENTS

2001 - Pub. L. 107-107 reenacted section catchline without change

and amended text generally. Prior to amendment, text read as

follows:

"(a) Under uniform regulations prescribed by the Secretaries

concerned, round trip travel and transportation allowances may be

provided the dependents of a member who dies while on active duty

or inactive duty in order that such dependents may attend the

burial ceremonies of the deceased member.

"(b)(1) Except as provided in paragraph (2), allowances under

this section are limited to travel and transportation to a location

in the United States, Puerto Rico, and the possessions of the

United States and may not exceed the rates for 2 days.

"(2) If a deceased member was ordered or called to active duty

from a place outside the United States, Puerto Rico, or the

possessions of the United States, the allowances authorized under

this section may be provided to and from such place and may be

extended to accommodate the time necessary for such travel.

"(c) In this section, the term 'dependents' includes the

dependents specified in paragraphs (1) and (2) of section 401(a) of

this title. However, if no person qualifies under such paragraphs,

the parents of a member (including stepparent or parent by

adoption, or any person, including a former stepparent, who has

stood in loco parentis to the member at any time for a continuous

period of at least 5 years before the member became 21 years of

age) may be paid the travel and transportation allowances

authorized under this section."

1993 - Subsec. (c). Pub. L. 103-35 substituted "section 401(a) of

this title" for "section 401 of this title".

1988 - Subsec. (a). Pub. L. 100-456 substituted "or inactive duty

in order that such dependents may" for "for a period of 30 days or

more in order to".

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title VI, Sec. 638(c), Dec. 28, 2001,

115 Stat. 1148, provided that: "Section 411f of title 37, United

States Code, as amended by subsection (a), shall apply with respect

to burial ceremonies of deceased members of the uniformed services

that occur on or after the date of the enactment of this Act [Dec.

28, 2001]."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 632(c) of Pub. L. 100-456 provided that: "The amendments

made by this section [amending this section and section 411h of

this title] shall take effect on October 1, 1988."

EFFECTIVE DATE

Section 620(b) of Pub. L. 99-145 provided that: "The travel and

transportation allowance authorized by the amendments made by this

section [enacting this section] is payable only for travel that

commences after September 30, 1985."

-End-

-CITE-

37 USC Sec. 411g 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 411g. Travel and transportation allowances: transportation

incident to voluntary extensions of overseas tours of duty

-STATUTE-

(a) Under regulations prescribed by the Secretary concerned, a

member of a uniformed service who -

(1) is stationed outside the United States; and

(2) voluntarily agrees to extend his overseas tour of duty for

a period equal to at least one-half of the overseas tour

prescribed for his permanent duty station;

may be paid the transportation allowance described in subsection

(b) for himself and each dependent who is authorized to, and does,

accompany him.

(b) The transportation allowance authorized by subsection (a) is

an allowance provided -

(1) in connection with authorized leave; and

(2) for the cost of transportation -

(A) from a member's permanent duty station to a place

approved by the Secretary concerned and from that place to his

permanent duty station; or

(B) from a member's permanent duty station to a place no

farther distant than his home of record (if he is a member

without dependents) and from that place to his permanent duty

station.

(c) The transportation allowance authorized by subsection (a) may

not be provided to an enlisted member who, with respect to an

extension of duty described in subsection (a) -

(1) elects to receive special pay under section 314 of this

title for duty performed during such extension of duty; or

(2) elects to receive rest and recuperative absence or

transportation at Government expense, or any combination thereof,

under section 705 of title 10 for such extension of duty.

(d) The authority under this section shall expire on October 1,

1989.

-SOURCE-

(Added Pub. L. 100-180, div. A, title VI, Sec. 614(a)(1), Dec. 4,

1987, 101 Stat. 1093; amended Pub. L. 100-456, div. A, title VI,

Sec. 624(a), Sept. 29, 1988, 102 Stat. 1984; Pub. L. 101-189, div.

A, title VI, Sec. 653(c)(1), Nov. 29, 1989, 103 Stat. 1462.)

-MISC1-

AMENDMENTS

1989 - Subsec. (a). Pub. L. 101-189 struck out "to" after "may be

paid" in concluding provisions.

1988 - Subsec. (a). Pub. L. 100-456 substituted "may be paid" for

"is entitled" in concluding provisions.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 624(b) of Pub. L. 100-456 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to agreements to extend overseas tours of duty made on and

after the date of the enactment of this Act [Sept. 29, 1988]."

EFFECTIVE DATE

Section 614(b) of Pub. L. 100-180 provided that: "Section 411g of

title 37, United States Code, as added by subsection (a), shall

apply with respect to agreements to extend overseas tours of duty

made after the date of the enactment of this Act [Dec. 4, 1987]."

GAO REVIEW AND REPORT

Section 614(c) of Pub. L. 100-180 directed Comptroller General to

review implementation of 37 U.S.C. 411g after it has been in effect

for one year, for the purpose of comparing the total cost to the

Department of Defense of the transportation allowance allowed under

such section with the total cost that would have been incurred by

the Department of Defense over such period if such section had not

been in effect and to submit to Congress a report on such review no

later than Mar. 1, 1989.

-End-

-CITE-

37 USC Sec. 411h 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 411h. Travel and transportation allowances: transportation of

family members incident to the serious illness or injury of

members

-STATUTE-

(a)(1) Under uniform regulations prescribed by the Secretaries

concerned, transportation described in subsection (c) may be

provided for not more than two family members of a member described

in paragraph (2) if the attending physician or surgeon and the

commander or head of the military medical facility exercising

military control over the member determine that the presence of the

family member may contribute to the member's health and welfare.

(2) A member referred to in paragraph (1) is a member of the

uniformed services who -

(A) is serving on active duty or is entitled to pay and

allowances under section 204(g) of this title (or would be so

entitled were it not for offsetting earned income described in

that section);

(B) is seriously ill, seriously injured, or in a situation of

imminent death, whether or not electrical brain activity still

exists or brain death is declared; and

(C) is hospitalized in a medical facility in or outside the

United States.

(b)(1) In this section, the term "family member", with respect to

a member, means -

(A) the member's spouse;

(B) children of the member (including stepchildren, adopted

children, and illegitimate children);

(C) parents of the member or persons in loco parentis to the

member, as provided in paragraph (2); and

(D) siblings of the member.

(2) Parents of a member or persons in loco parentis to a member

include fathers and mothers through adoption and persons who stood

in loco parentis to the member for a period not less than one year

immediately before the member entered the uniformed service.

However, only one father and one mother or their counterparts in

loco parentis may be recognized in any one case.

(3) In this section, the term "health and welfare", with respect

to a member, includes a situation in which a decision must be made

by family members regarding the termination of artificial life

support being provided to the member.

(c) The transportation authorized by subsection (a) is round-trip

transportation between the home of the family member and the

location of the medical facility in which the member is

hospitalized.

(d)(1) The transportation authorized by subsection (a) may be

provided by any of the following means:

(A) Transportation in-kind.

(B) A monetary allowance in place of transportation in-kind at

a rate to be prescribed by the Secretaries concerned.

(C) Reimbursement for the commercial cost of transportation.

(2) An allowance payable under this subsection may be paid in

advance.

(3) Reimbursement payable under this subsection may not exceed

the cost of government-procured commercial round-trip air travel.

-SOURCE-

(Added Pub. L. 100-180, div. A, title VI, Sec. 615(a)(1), Dec. 4,

1987, 101 Stat. 1095; amended Pub. L. 100-456, div. A, title VI,

Sec. 632(a), Sept. 29, 1988, 102 Stat. 1985; Pub. L. 103-337, div.

A, title VI, Sec. 624, Oct. 5, 1994, 108 Stat. 2785.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-337, Sec. 624(a)(1),

substituted "may contribute to" for "is necessary for".

Subsec. (a)(2)(B). Pub. L. 103-337, Sec. 624(a)(2), added subpar.

(B) and struck out former subpar. (B) which read as follows: "is

seriously ill or seriously injured; and".

Subsec. (b)(3). Pub. L. 103-337, Sec. 624(b), added par. (3).

1988 - Subsec. (a)(2). Pub. L. 100-456 amended par. (2)

generally, inserting "or is entitled to pay and allowances under

section 204(g) of this title (or would be so entitled were it not

for offsetting earned income described in that section)" in subpar.

(A).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-456 effective Oct. 1, 1988, see section

632(c) of Pub. L. 100-456, set out as a note under section 411f of

this title.

EFFECTIVE DATE

Section 615(b) of Pub. L. 100-180 provided that: "The authority

to provide transportation or to pay transportation expenses under

section 411h of title 37, United States Code, as added by

subsection (a), shall be effective only with respect to travel that

occurs on or after the effective date of regulations prescribed

under such section."

-End-

-CITE-

37 USC Sec. 411i 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 411i. Travel and transportation allowances: parking expenses

-STATUTE-

(a) Reimbursement Authority. - Under regulations prescribed by

the Secretary of Defense, the Secretary of a military department

may reimburse eligible Department of Defense personnel for expenses

incurred after October 1, 2001, for parking a privately owned

vehicle at a place of duty described in subsection (b).

(b) Eligibility. - A member of the Army, Navy, Air Force, or

Marine Corps or an employee of the Department of Defense may be

reimbursed under subsection (a) for parking expenses while -

(1) assigned to duty as a recruiter for any of the armed

forces;

(2) assigned to duty at a military entrance processing facility

of the armed forces; or

(3) detailed for instructional and administrative duties at any

institution where a unit of the Senior Reserve Officers' Training

Corps is maintained.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 645(a)],

Oct. 30, 2000, 114 Stat. 1654, 1654A-161.)

-End-

-CITE-

37 USC Sec. 412 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 412. Appropriations for travel: may not be used for attendance

at certain meetings

-STATUTE-

Appropriations of the Department of Defense that are available

for travel may not, without the approval of the Secretary concerned

or his designee, be used for expenses incident to attendance of a

member of an armed force under that department at a meeting of a

technical, scientific, professional, or similar organization.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 476.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

412 5:174a. Aug. 1, 1953, ch. 305,

Sec. 605, 67 Stat. 349.

--------------------------------------------------------------------

The words "may not . . . be used" are substituted for the words

"shall not be available". The words "on and after August 1, 1953"

are omitted as executed. The words "Secretary concerned" are

substituted for the words "Secretary of the department concerned"

to conform to other sections of this revised title and to the

definition in section 101(5) of this revised title. So much of the

source statute as relates to civilian employees is omitted as

superseded by the Act of July 7, 1958, Pub. L. 85-507, 72 Stat.

327.

PRIOR PROVISIONS

Act Aug. 1, 1953, cited as the source of this section in the

Historical and Revision Notes above, is known as the Department of

Defense Appropriation Act, 1954. Similar provisions were contained

in the following prior appropriation acts:

July 10, 1952, ch. 630, title VI, Sec. 606, 66 Stat. 531.

Oct. 18, 1951, ch. 512, title VI, Sec. 606, 65 Stat. 445.

Sept. 6, 1950, ch. 896, ch. X, title VI, Sec. 607, 64 Stat. 752.

Oct. 29, 1949, ch. 787, title VI, Sec. 607, 63 Stat. 1018.

June 24, 1948, ch. 632, 62 Stat. 652.

July 30, 1947, ch. 357, title I, 61 Stat. 554.

July 16, 1946, ch. 583, 60 Stat. 545.

July 3, 1945, ch. 265, 59 Stat. 388.

June 28, 1944, ch. 303, 58 Stat. 577.

-End-

-CITE-

37 USC Sec. 413 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 413. Chairman and Vice Chairman of the Joint Chiefs of Staff

-STATUTE-

The Chairman and Vice Chairman of the Joint Chiefs of Staff are

entitled to the allowances provided by law for the Chief of Staff

of the Army.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 476; Pub. L. 100-180, div.

A, title XIII, Sec. 1314(c)(1), Dec. 4, 1987, 101 Stat. 1176.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

413 10:142(d) (less [None.]

applicability to basic

pay).

--------------------------------------------------------------------

AMENDMENTS

1987 - Pub. L. 100-180, in amending section generally, in section

catchline inserted "and Vice Chairman", and in text inserted "and

Vice Chairman" and substituted "are" for "is".

EFFECTIVE DATE OF 1987 AMENDMENT

Section 1314(e)(2) of Pub. L. 100-180 provided that: "The

amendments made by subsections (c)(1), (d)(3), and (d)(4) [amending

this section and provisions set out as notes under sections 431 and

1009 of this title] shall take effect as of October 1, 1986."

-End-

-CITE-

37 USC Sec. 414 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 414. Personal money allowance

-STATUTE-

(a) Allowance for Officers Serving in Certain Ranks or Positions.

- In addition to other pay or allowances authorized by this title,

an officer who is entitled to basic pay is entitled to a personal

money allowance of -

(1) $500 a year, while serving in the grade of lieutenant

general or vice admiral, or in an equivalent grade or rank;

(2) $1,200 a year, in place of any other personal money

allowance authorized by this section while serving as Surgeon

General of the Public Health Service;

(3) $2,200 a year, in addition to the personal money allowance

authorized by clause (1), while serving as a senior member of the

Military Staff Committee of the United Nations;

(4) $2,200 a year, while serving in the grade of general or

admiral, or in an equivalent grade or rank; or

(5) $4,000 a year, in place of any other personal money

allowance authorized by this section, while serving as Chief of

Staff of the Army, Chief of Naval Operations, Chief of Staff of

the Air Force, Commandant of the Marine Corps, or Commandant of

the Coast Guard.

(b) Allowance for Certain Naval Officers. - In addition to other

pay or allowances authorized by law, an officer who is serving in

one of the following positions is entitled to the amount set forth

for that position, to be paid annually out of naval appropriations

for pay, and to be spent in his discretion for the contingencies of

his position -

(1) Superintendent of the Naval Postgraduate School - $400;

(2) Commandant of Midshipmen at the Naval Academy - $800;

(3) President of the Naval War College - $1,000;

(4) Superintendent of the Naval Academy - $5,200; and

(5) Director of Naval Intelligence - $5,200.

(c) Allowance for Senior Enlisted Members. - In addition to other

pay or allowances authorized by this title, a noncommissioned

officer is entitled to a personal money allowance of $2,000 a year

while serving as the Sergeant Major of the Army, the Master Chief

Petty Officer of the Navy, the Chief Master Sergeant of the Air

Force, the Sergeant Major of the Marine Corps, or the Master Chief

Petty Officer of the Coast Guard.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 476; Pub. L. 89-718, Sec.

49(a)(2), Nov. 2, 1966, 80 Stat. 1121; Pub. L. 102-25, title VII,

Sec. 702(b)(2), Apr. 6, 1991, 105 Stat. 117; Pub. L. 106-398, Sec.

1 [[div. A], title VI, Sec. 609(a), (b)], Oct. 30, 2000, 114 Stat.

1654, 1654A-149.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

414(a) 37:254. Oct. 12, 1949, ch. 681,

Sec. 304, 63 Stat. 816;

Aug. 10, 1956, ch. 1041,

Sec. 20(c), 70A Stat.

627; May 20, 1958, Pub.

L. 85-422, Sec. 1(11),

72 Stat. 127; Sept. 14,

1961, Pub. L. 87-233,

Sec. 3, 75 Stat. 507.

414(b) 37:257. Aug. 2, 1946, ch. 756,

Sec. 3, 60 Stat. 853.

--------------------------------------------------------------------

In subsection (b), the words "pay or" are inserted to conform to

subsection (a). The word "position" is substituted for the words

"capacities" and "officers", respectively. In clause (1), the words

"Superintendent of the Naval Postgraduate School" are substituted

for the words "Head of the Postgraduate school at the Naval

Academy" to reflect present terminology.

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title VI,

Sec. 609(b)(1)], inserted heading.

Subsec. (b). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

609(b)(2)], inserted heading.

Subsec. (c). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

609(a)], added subsec. (c).

1991 - Subsec. (a)(3). Pub. L. 102-25 struck out "of this

subsection" after "clause (1)".

1966 - Subsec. (a)(2). Pub. L. 89-718 struck out reference to

service as the Director of the Coast and Geodetic Survey.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 609(c)], Oct.

30, 2000, 114 Stat. 1654, 1654A-149, provided that: "The amendments

made by this section [amending this section] shall take effect on

October 1, 2000."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service, transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government

Organization and Employees. Secretary of Health, Education, and

Welfare redesignated Secretary of Health and Human Services by

section 3508(b) of Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1003 of this title.

-End-

-CITE-

37 USC Sec. 415 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 415. Uniform allowance: officers; initial allowance

-STATUTE-

(a) Subject to subsection (b), an officer of an armed force is

entitled to an initial allowance of not more than $400 as

reimbursement for the purchase of required uniforms and equipment -

(1) upon first reporting for active duty (other than for

training) for a period of more than 90 days;

(2) upon completing at least 14 days of active duty as a member

of a reserve component;

(3) upon completing 14 periods, each of which was of at least

two hours' duration, of inactive-duty training as a member of the

Ready Reserve; or

(4) upon reporting for the first period of active duty required

by section 2121(c) of title 10 as a member of the Armed Forces

Health Professions Scholarship program.

(b) An officer who has received an initial uniform reimbursement

or allowance under any other law is not entitled to an initial

allowance under subsection (a).

(c) An allowance of $250 for uniforms and equipment may be paid

to each commissioned officer of the Public Health Service who is -

(1) on active duty or on inactive duty training status; and

(2) required by directive of the Surgeon General to wear a

uniform.

An officer is not entitled to more than one allowance under this

subsection.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 477; Pub. L. 88-647, title

II, Sec. 202(3), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89-444, Sec.

2(1), June 9, 1966, 80 Stat. 198; Pub. L. 89-718, Sec. 63, Nov. 2,

1966, 80 Stat. 1123; Pub. L. 90-83, Sec. 5(1), Sept. 11, 1967, 81

Stat. 221; Pub. L. 91-278, Sec. 3(3), June 12, 1970, 84 Stat. 306;

Pub. L. 96-76, title III, Sec. 313(c), Sept. 29, 1979, 93 Stat.

586; Pub. L. 96-513, title IV, Sec. 412, Dec. 12, 1980, 94 Stat.

2905; Pub. L. 97-22, Sec. 10(c), July 10, 1981, 95 Stat. 137; Pub.

L. 97-60, title I, Sec. 131(a), Oct. 14, 1981, 95 Stat. 1005; Pub.

L. 102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat.

117; Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 610(a)],

Oct. 30, 2000, 114 Stat. 1654, 1654A-150.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

415(a) 37:255(a) (less provisos). Oct. 12, 1949, ch. 681,

Sec. 305(a) (less 1st

proviso); added Aug. 10,

1956, ch. 1041, Sec.

20(d) (1st par., less

1st proviso), 70A Stat.

628.

415(b)

415(c)

37:255(a) (2d proviso).

37:255(a) (last proviso).

415(d) 42:214. July 1, 1944, ch. 373,

Sec. 213; restated Apr.

27, 1956, ch. 211, Sec.

2(a), 70 Stat. 116.

415(e) 37:256. Oct. 12, 1949, ch. 681,

Sec. 306; added Aug. 10,

1956, ch. 1041, Sec.

20(d) (last par.), 70A

Stat. 629.

[Uncodified.] Aug. 7, 1947, ch. 512,

Sec. 302(f), 61 Stat.

830.

--------------------------------------------------------------------

In subsection (a), the words "Subject to subsections (b) and (c)

of this section," are inserted for clarity. The words "of an armed

force" are inserted, since the source section, as originally

enacted, did not apply to the Public Health Service or the Coast

and Geodetic Survey. (See section 243 of the Armed Forces Reserve

Act of 1952 (66 Stat. 492).) The words "of the Army, or the Air

Force, without specification of component" are inserted to reflect

the definition of "reserve component" in section 102(k) of the

source statute. That definition is executed throughout this revised

title. For that reason, the words "but not as a member of the Army

without specification of component or the Air Force without

specification of component, in section 255(a)(2) of existing title

37", are omitted, and since those categories are excluded by the

words "member of a reserve component". The words "of a reserve

component", in section 255(a)(3) of existing title 37, are omitted,

since the Ready Reserve cannot be in anything other than a reserve

component.

In subsection (b), the words "heretofore or hereafter" are

omitted as surplusage.

In subsection (c), the words "An officer" are substituted for the

words "any individual", since the revised section applies only to

officers.

In subsection (d), the words "who is in pay grade O-1, O-2, or

O-3" are substituted for the words "is receiving the pay of the

junior assistant, assistant, or senior assistant grade" to reflect

current terminology. (See chapter 3 of this revised title.) The

last sentence is substituted for section 214 (words following

semicolon) of title 14.

In subsection (e), the words "as a temporary officer" are

inserted for clarity. The words "5596 or" are substituted for

section 302(f) of the Act of August 7, 1947, cited above.

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-398 substituted "$400" for "$200"

in introductory provisions.

1991 - Subsecs. (a), (b). Pub. L. 102-25 struck out "of this

section".

1981 - Subsec. (a). Pub. L. 97-22 substituted "subsection (b) of

this section" for "subsections (b) and (c) of this section".

Subsec. (a)(4). Pub. L. 97-60 added par. (4).

1980 - Subsec. (a). Pub. L. 96-513, Sec. 412(1), (2), substituted

"an officer of an armed force is entitled" for "a reserve officer

of an armed force, an officer of the Army or the Air Force without

specification of component, or a regular officer of an armed force

appointed under section 2106 or 2107 of title 10 is entitled".

Subsecs. (c), (d). Pub. L. 96-513, Sec. 412(3), (4), redesignated

subsec. (d) as (c). Former subsec. (c), relating to limitations on

qualifications for initial allowances by certain officers, was

struck out.

Subsec. (e). Pub. L. 96-513, Sec. 412(3), struck out subsec. (e)

relating to uniform allowances for temporary officers or warrant

officers.

1979 - Subsec. (d). Pub. L. 96-76 in cl. (1) inserted provisions

for applicability to officers on inactive duty training status, and

struck out cl. (3) setting forth applicability to officers entitled

to basic pay of pay grade O-1, O-2, or O-3.

1970 - Subsec. (e). Pub. L. 91-278 provided for entitlement to

uniform allowance of enlisted member appointed a warrant officer

under section 213 of title 14.

1967 - Subsec. (d)(3). Pub. L. 90-83 substituted "entitled to the

basic pay" for "is entitled to the basic pay".

1966 - Subsec. (a). Pub. L. 89-718 struck out ", United States

Code," after "title 10".

Subsec. (e). Pub. L. 89-444 substituted "section 214 of title 14"

for "section 435 of title 14".

1964 - Subsec. (a). Pub. L. 88-647 included a regular officer of

an armed force appointed under section 2106 or 2107 of title 10.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 610(c)], Oct.

30, 2000, 114 Stat. 1654, 1654A-150, provided that: "The amendments

made by this section [amending this section and section 416 of this

title] shall take effect on October 1, 2000."

EFFECTIVE DATE OF 1981 AMENDMENT

Section 10(c) of Pub. L. 97-22 provided that the amendment made

by that section is effective Sept. 15, 1981.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, but the

authority to prescribe regulations under the amendment by section

412 of Pub. L. 96-513 effective on Dec. 12, 1980, see section 701

of Pub. L. 96-513, set out as a note under section 101 of Title 10,

Armed Forces.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-76 effective Oct. 1, 1979, see section

314 of Pub. L. 96-76, set out as a note under section 206 of Title

42, The Public Health and Welfare.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and all functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government

Organization and Employees. Secretary of Health, Education, and

Welfare redesignated Secretary of Health and Human Services by

section 3508(b) of Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 416, 417, 907 of this

title.

-End-

-CITE-

37 USC Sec. 416 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 416. Uniform allowance: officers; additional allowances

-STATUTE-

(a) In addition to the allowance provided by section 415 of this

title, a reserve officer of an armed force, an officer of the Army

or the Air Force without specification of component, or a regular

officer of an armed force appointed under section 2106 or 2107 of

title 10 is entitled to not more than $200 as reimbursement for

additional uniforms and equipment required on that duty, for each

time that the officer enters on active duty for a period of more

than 90 days.

(b) Subsection (a) does not apply to a tour of active duty if -

(1) the officer, during that tour or within a period of two

years before entering on that tour, received, under any law, an

initial uniform reimbursement or allowance of more than $400; or

(2) the officer enters on that tour within two years after

completing a period of active duty of more than 90 days'

duration.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 477; Pub. L. 88-624, Sec.

1, Oct. 3, 1964, 78 Stat. 1002; Pub. L. 88-647, title II, Sec.

202(3), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89-718, Sec. 63, Nov.

2, 1966, 80 Stat. 1123; Pub. L. 96-513, title V, Sec. 516(13), Dec.

12, 1980, 94 Stat. 2938; Pub. L. 101-189, div. A, title VI, Sec.

663(a), Nov. 29, 1989, 103 Stat. 1465; Pub. L. 106-398, Sec. 1

[[div. A], title VI, Sec. 610(b)], Oct. 30, 2000, 114 Stat. 1654,

1654A-150; Pub. L. 107-107, div. A, title VI, Sec. 606(a), Dec. 28,

2001, 115 Stat. 1134.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

416(a) 37:255(b). Oct. 12, 1949, ch. 681,

Sec. 305(b), (c); added

Aug. 10, 1956, ch. 1041,

Sec. 20(d) (2d and 3d

pars.), 70A Stat. 628;

Sept. 2, 1958, Pub. L.

85-861, Sec. 33(f), 72

Stat. 1568.

416(b)

37:255(c).

--------------------------------------------------------------------

In subsection (a), the words "In addition to the initial uniform

allowance authorized by section 431 (a)-(d) of this title" are

substituted for the word "additional". Section 255(b) (last proviso

of 1st sentence) of existing title 37 is omitted as executed. The

words "may not be included" are substituted for the words "shall be

excluded". Section 255(b) (last sentence) of existing title 37 is

omitted, since the categories named therein are excluded by the

words "a reserve officer". (See revision note for section 415(a) of

this revised title.)

In subsection (b), the introductory clause is substituted for the

word "further". The words "of an armed force" and "of the Army, or

the Air Force, without specification of component" are inserted for

the reasons stated in the revision note for section 415(a) of this

revised title. Clauses (1) and (2) are substituted for section

255(c) (provisos) of existing title 37.

AMENDMENTS

2001 - Subsec. (b)(1). Pub. L. 107-107 substituted "$400" for

"$200".

2000 - Subsec. (a). Pub. L. 106-398 substituted "$200" for

"$100".

1989 - Subsec. (a). Pub. L. 101-189 redesignated first sentence

of subsec. (b) as (a), substituted "section 415 of this title" for

"section 415(a)-(c) of this title and subsection (a) of this

section" and "the officer" for "he", and struck out former subsec.

(a) which read as follows: "In addition to the initial uniform

allowance authorized by section 415(a)-(c) of this title, a reserve

officer of an armed force who has not become entitled to a uniform

reimbursement or allowance as an officer during the preceding four

years, is entitled to not more than $50 as reimbursement for the

purchase of required uniforms and equipment, upon completion of

each period, after July 9, 1952, of four years of service, as

prescribed by section 1332(a)(2) of title 10, in an active status

in one or more reserve components, including at least 28 days of

active duty. However, periods of active duty of more than 90 days

may not be included in computing that four years of service."

Subsec. (b). Pub. L. 101-189 redesignated first sentence of

subsec. (b) as (a) and in remaining provisions of subsec. (b)

substituted "Subsection (a) does not apply" for "However, this

subsection does not apply".

1980 - Pub. L. 96-513 substituted "additional allowances" for

"additional allowance" in section catchline.

1966 - Subsec. (b). Pub. L. 89-718 struck out ", United States

Code," after "title 10".

1964 - Subsec. (a). Pub. L. 88-624 substituted "in one or more

reserve components" for "in a reserve component" and "section

1332(a)(2)" for "section 1332".

Subsec. (b). Pub. L. 88-647 included a regular officer of an

armed force appointed under section 2106 or 2107 of title 10.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title VI, Sec. 606(b), Dec. 28, 2001,

115 Stat. 1134, provided that: "The amendment made by this section

[amending this section] shall take effect as of October 1, 2000."

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-398 effective Oct. 1, 2000, see section

1 [[div. A], title VI, Sec. 610(c)] of Pub. L. 106-398, set out as

a note under section 415 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

Title 10, Armed Forces.

SAVE PAY PROVISION

Section 663(b) of Pub. L. 101-189 provided that: "An officer of

an armed force who, but for the amendments made by subsection (a)

[amending this section], would have become entitled to a uniform

reimbursement under section 416(a) of title 37, United States Code,

before the end of the one-year period beginning on the date of the

enactment of this Act [Nov. 29, 1989] shall be entitled (during

such one-year period) to receive such reimbursement under such

section as in effect on the day before the date of the enactment of

this Act."

ALLOWANCE FOR SERVICE PRIOR TO OCTOBER 3, 1964

Section 2 of Pub. L. 88-624 provided that: "The amendments made

by this Act [amending this section] do not entitle an officer to an

allowance for any 4-year period of service completed prior to the

effective date of this Act [Oct. 3, 1964]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 417 of this title.

-End-

-CITE-

37 USC Sec. 417 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 417. Uniform allowance: officers; general provisions

-STATUTE-

(a) Subject to standards, policies, and procedures prescribed by

the Secretary of Defense, the Secretary of each military department

may prescribe regulations that he considers necessary to carry out

sections 415(a)-(c) and 416 of this title within his department.

The Secretary of Homeland Security, with the concurrence of the

Secretary of the Navy, may prescribe regulations that he considers

necessary to carry out those sections for the Coast Guard when it

is not operating as a service in the Navy. As far as practicable,

regulations for all reserve components shall be uniform.

(b) Under regulations approved by the Secretary of Defense, or by

the Secretary of Homeland Security with respect to the Coast Guard

when it is not operating as a service in the Navy, and subject to

section 415(a)-(c) or 416 of this title, a reserve officer of an

armed force who has received a uniform and equipment allowance

under section 415(a)-(c) or 416 of this title, may if a different

uniform is required, be paid a uniform and equipment reimbursement

upon transfer to, or appointment in, another reserve component.

(c) For the purposes of sections 415(a)-(c) and 416 of this title

and subsections (a) and (b), an officer may count only that duty

for which he is required to wear a uniform.

(d)(1) For purposes of sections 415 and 416 of this title, a

period for which an officer of an armed force, while employed as a

National Guard technician, is required to wear a uniform under

section 709(b) of title 32 shall be treated as a period of active

duty (other than for training).

(2) A uniform allowance may not be paid, and uniforms may not be

furnished, to an officer under section 1593 of title 10 or section

5901 of title 5 for a period of employment referred to in paragraph

(1) for which an officer is paid a uniform allowance under section

415 or 416 of this title.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 478; Pub. L. 90-623, Sec.

3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 102-25, title VII, Sec.

702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104-106, div.

A, title X, Sec. 1038(b), Feb. 10, 1996, 110 Stat. 432; Pub. L.

107-296, title XVII, Sec. 1704(c), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

417(a) 37:255(e). Oct. 12, 1949, ch. 681,

Sec. 305 (1st proviso of

(a)), (d), (e); added

Aug. 10, 1956, ch. 1041,

Sec. 20(d) (1st proviso

of 1st par., 4th par.,

and 5th par.), 70A Stat.

629.

417(b)

417(c)

37:255(d).

37:255(a) (1st proviso).

--------------------------------------------------------------------

In subsection (a), the words "within that department" are

inserted for clarity. The words "may prescribe" are substituted for

the words "shall prescribe", since the words "that he considers

necessary" indicate that the prescribing of regulations is not

mandatory.

Subsection (b) is substituted for section 255(d) (less last

sentence) of existing title 37. Section 255(d) last sentence) of

existing title 37 is omitted, since the categories named therein

are excluded by the words "a reserve officer". (See revision note

for section 415(a) of this revised title.)

AMENDMENTS

2002 - Subsecs. (a), (b). Pub. L. 107-296 substituted "of

Homeland Security" for "of Transportation".

1996 - Subsec. (d). Pub. L. 104-106 added subsec. (d).

1991 - Subsec. (c). Pub. L. 102-25 struck out "of this section"

after "subsections (a) and (b)".

1968 - Subsecs. (a), (b). Pub. L. 90-623 substituted "Secretary

of Transportation" for "Secretary of the Treasury".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968, see section

6 of Pub. L. 90-623, set out as a note under section 5334 of Title

5, Government Organization and Employees.

-End-

-CITE-

37 USC Sec. 418 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 418. Clothing allowance: enlisted members

-STATUTE-

(a) The Secretary of Defense and the Secretary of Homeland

Security, with respect to the Coast Guard when it is not operating

as a service in the Navy, may prescribe the quantity and kind of

clothing to be furnished annually to an enlisted member of the

armed forces or the National Guard, and may prescribe the amount of

a cash allowance to be paid to such a member if clothing is not so

furnished to him.

(b) In determining the quantity and kind of clothing or

allowances to be furnished pursuant to regulations prescribed under

this section to persons employed as National Guard technicians

under section 709 of title 32, the Secretary of Defense shall take

into account the requirement under subsection (b) of such section

for such persons to wear a uniform.

(c) A uniform allowance may not be paid, and uniforms may not be

furnished, under section 1593 of title 10 or section 5901 of title

5 to a person referred to in subsection (b) for a period of

employment referred to in that subsection for which clothing is

furnished or a uniform allowance is paid under this section.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 478; Pub. L. 104-106, div.

A, title X, Sec. 1038(c), Feb. 10, 1996, 110 Stat. 432; Pub. L.

104-201, div. A, title VI, Sec. 654, Sept. 23, 1996, 110 Stat.

2583; Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 611], Oct.

30, 2000, 114 Stat. 1654, 1654A-150; Pub. L. 107-296, title XVII,

Sec. 1704(c), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

418 37:305. Oct. 12, 1949, ch. 681,

Sec. 505, 63 Stat. 828.

--------------------------------------------------------------------

The words "the armed forces" are substituted for the words "the

Army, the Navy, the Air Force, the Marine Corps, the Coast Guard"

to conform to the definition in section 101(4) of this title. The

words "the Naval Reserve, the Marine Corps Reserve, . . . the

National Guard of the United States, the Air National Guard of the

United States, the Army Reserve, the Air Force Reserve, and the

Coast Guard Reserve" are omitted, since, under the definitions of

the armed forces concerned in sections 3062(c), 5001(a)(1) and (2),

and 8062(d) of title 10, and section 751a of title 14, those

organizations, or their successors, are components of the armed

force concerned.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation".

2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title VI,

Sec. 611(1)], substituted "The Secretary of Defense and the

Secretary of Transportation, with respect to the Coast Guard when

it is not operating as a service in the Navy," for "The President".

Subsec. (b). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

611(2)], substituted "the Secretary of Defense" for "the

President".

1996 - Pub. L. 104-106 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

Subsec. (c). Pub. L. 104-201 substituted "for which clothing is

furnished or a uniform allowance is paid under this section" for

"for which a uniform allowance is paid under section 415 or 416 of

this title".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

-EXEC-

EX. ORD. NO. 10113. CLOTHING ALLOWANCES FOR ENLISTED PERSONNEL

Ex. Ord. No. 10113, Feb. 24, 1950, 15 F.R. 1065, as amended by

Ex. Ord. No. 13286, Sec. 83, Feb. 28, 2003, 68 F.R. 10631,

provided:

By virtue of the authority vested in me as President of the

United States and as Commander in Chief of the armed forces, it is

ordered as follows:

1. The Secretary of Defense with respect to enlisted men of the

Army, the Navy, the Air Force, the Marine Corps, the Naval Reserve,

the Marine Corps Reserve, the National Guard, the Air National

Guard, the National Guard of the United States, the Air National

Guard of the United States, the Organized Reserve Corps [Army

Reserve] and the Air Force Reserve, and the Secretary of Homeland

Security with respect to enlisted men of the Coast Guard and the

Coast Guard Reserve, are hereby authorized and directed, after

appropriate consultation with the Director of the Bureau of the

Budget [now Director of the Office of Management and Budget], to

perform the functions vested in the President by section 505 of the

Career Compensation Act of 1949, approved October 12, 1949 (Public

Law 351, 81st Congress) [this section], relative to prescribing the

quantity and kind of clothing which shall be furnished annually to

enlisted men of the aforesaid services and relative to prescribing

the amount of the cash allowance to be paid to such enlisted men in

any case in which clothing is not so furnished to them.

2. The quantity and kind of clothing, and any cash allowances in

lieu thereof, prescribed by the Secretary of Homeland Security

hereunder with respect to the Coast Guard and the Coast Guard

Reserve shall, so far as practicable, be in conformity with those

prescribed by the Secretary of Defense with respect to the Navy and

Naval Reserve, respectively.

3. Existing regulations prescribing the quantity and kind of

clothing furnished, and any cash allowances in lieu thereof, shall

remain in effect until modified, revoked, or superseded by action

taken pursuant to this order.

4. The term "enlisted men" as used in this order shall be deemed

to apply to enlisted persons of either sex.

5. This order shall become effective on April 1, 1950, and on

that date shall supersede Executive Order No. 10049 [Apr. 4, 1949,

14 F.R. 1563] entitled "Delegating the Authority of the President

to Prescribe Clothing Allowances, and Cash Allowances in Lieu

Thereof, to Enlisted Men in the Armed Forces."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 907 of this title.

-End-

-CITE-

37 USC Sec. 419 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 419. Civilian clothing allowance

-STATUTE-

Under regulations prescribed by the Secretary of Defense, an

officer of an armed force who is assigned to a permanent duty

station at a location outside the United States may be paid a

civilian clothing allowance in such amount as the Secretary shall

determine under regulations if such officer is required to wear

civilian clothing all or a substantial portion of the time in the

performance of the officer's official duties. A clothing allowance

under this section is in addition to any uniform allowance to which

an officer is otherwise entitled under this title.

-SOURCE-

(Added Pub. L. 100-180, div. A, title VI, Sec. 611(a)(1)(B), Dec.

4, 1987, 101 Stat. 1093; amended Pub. L. 100-456, div. A, title VI,

Sec. 625, Sept. 29, 1988, 102 Stat. 1984; Pub. L. 101-189, div. A,

title VI, Sec. 653(c)(2), Nov. 29, 1989, 103 Stat. 1462.)

-MISC1-

PRIOR PROVISIONS

A prior section 419 was renumbered section 420 of this title.

AMENDMENTS

1989 - Pub. L. 101-189 substituted "an officer" for "a officer"

in two places and struck out "to" after "may be paid".

1988 - Pub. L. 100-456 substituted "officer" for "member" in

three places, "may be paid" for "is entitled", and "officer's" for

"member's".

EFFECTIVE DATE

Section 611(b) of Pub. L. 100-180 provided that: "Section 419 of

title 37, United States Code, as added by subsection (a), shall

take effect on the date of the enactment of this Act [Dec. 4,

1987]. No member may be paid a clothing allowance under such

section for any period before such date."

-End-

-CITE-

37 USC Sec. 420 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 420. Allowances while participating in international sports

-STATUTE-

(a) Section 717 of title 10 does not authorize the payment of

allowances at higher rates than those provided for participation in

military activities not covered by that section.

(b) Notwithstanding any other law, a member of a uniformed

service is not entitled to travel and transportation allowances

under sections 404-411 of this title for any period during which

his expenses for travel or transportation are being paid by the

agency sponsoring his participation in a competition covered by

section 717 of title 10.

(c) Notwithstanding any other law, a member of a uniformed

service who has no dependents is not entitled to the basic

allowances for subsistence and housing authorized by sections 402

and 403 of this title for a period during which he is subsisted and

quartered by the agency sponsoring his participation in a

competition covered by section 717 of title 10.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 478, Sec. 419; Pub. L.

89-718, Sec. 64, Nov. 2, 1966, 80 Stat. 1123; renumbered Sec. 420,

Pub. L. 100-180, div. A, title VI, Sec. 611(a)(1)(A), Dec. 4, 1987,

101 Stat. 1093; Pub. L. 105-85, div. A, title VI, Sec.

603(d)(1)(C), Nov. 18, 1997, 111 Stat. 1782.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

419(a) 37:256a(a). Oct. 12, 1949, ch. 681,

Sec. 307; added Sept. 2,

1958, Pub. L. 85-861,

Sec. 11, 72 Stat. 1556.

419(b)

419(c)

37:256a(b).

37:256a(c).

--------------------------------------------------------------------

PRIOR PROVISIONS

A prior section 420 was renumbered section 421 of this title.

AMENDMENTS

1997 - Subsec. (c). Pub. L. 105-85 substituted "housing" for

"quarters".

1966 - Pub. L. 89-718 substituted "section 717 of title 10" for

"section 716 of title 10" wherever appearing.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-85 effective Jan. 1, 1998, see section

603(e) of Pub. L. 105-85, set out as a note under section 5561 of

Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 406c of this title.

-End-

-CITE-

37 USC Sec. 421 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 421. Allowances: no increase while dependent is entitled to

basic pay

-STATUTE-

A member of a uniformed service may not be paid an increased

allowance under this chapter, on account of a dependent, for any

period during which that dependent is entitled to basic pay under

section 204 of this title.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 479, Sec. 420; renumbered

Sec. 421, Pub. L. 100-180, div. A, title VI, Sec. 611(a)(1)(A),

Dec. 4, 1987, 101 Stat. 1093.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

420 37:231(g) (last proviso Oct. 12, 1949, ch. 681,

of last sentence). Sec. 102(g) (last

proviso of last

sentence), 63 Stat. 805.

--------------------------------------------------------------------

The words "of a uniformed service" are inserted for clarity. The

words "claiming a dependent as defined in this subsection" are

omitted as surplusage. The words "under section 204 of this title"

are substituted for the words "for the performance of duty as

defined in section 232(e) of this revised title".

PRIOR PROVISIONS

A prior section 421, Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 479;

Pub. L. 88-132, Sec. 3(b), Oct. 2, 1963, 77 Stat. 212, provided for

pay and allowances of contract surgeons, prior to repeal by Pub. L.

98-94, title IX, Sec. 932(e)(1), Sept. 24, 1983, 97 Stat. 650, eff.

Oct. 1, 1983. See section 1091 of Title 10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403, 406b, 427 of this

title.

-End-

-CITE-

37 USC Sec. 422 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 422. Cadets and midshipmen

-STATUTE-

(a) A cadet at the United States Military Academy, the United

States Air Force Academy, or the Coast Guard Academy, or a

midshipman at the United States Naval Academy, is entitled to the

allowances provided by law for a midshipman in the Navy, and to

travel and transportation allowances prescribed under section 410

of this title while traveling under orders as a cadet or

midshipman.

(b) Each midshipman of the Navy to whom a Navy ration is not

furnished is entitled to the commuted value of the ration in money

for each day that he is on active duty, including each day that he

is on leave. The Secretary of the Navy may prescribe regulations

stating the conditions under which the commuted value shall be

allowed and may prescribe regulations establishing the rates at

which the ration shall be commuted.

(c) A cadet or midshipman appointed under section 2107 of title

10 is entitled to the same allowances as are provided for cadets

and midshipmen at the United States Military, Naval, and Air Force

Academies for -

(1) initial travel to the educational institution in which

matriculated;

(2) travel while under orders; and

(3) travel on discharge.

However, no allowance for travel on discharge may be paid to a

discharged cadet or midshipman who continues his scholastic

instruction at the same educational institution.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 479; Pub. L. 88-647, title

II, Sec. 202(4), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89-718, Sec.

63, Nov. 2, 1966, 80 Stat. 1123.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

422(a) 37:308 (less Oct. 12, 1949, ch. 681,

applicability to pay). Sec. 508 (less

applicability to pay),

63 Stat. 828.

422(b) 10:6081(b) (9th through [None.]

17th words).

10:6081(c) (16th through [None.]

19th words).

422(c) 10:6904(c). [None.]

10:6905(c). [None.]

422(d) 10:6906(c) (1st sentence, [None.]

less applicability to

pay).

--------------------------------------------------------------------

In subsection (a), the words "prescribed under section 410 of

this title" are inserted to reflect that revised section.

AMENDMENTS

1966 - Subsec. (c). Pub. L. 89-718 struck out ", United States

Code," after "title 10".

1964 - Subsec. (c). Pub. L. 88-647, Sec. 202(4)(A), (B), among

other changes, substituted provisions relating to a cadet or

midshipman appointed under section 2107 of title 10, for provisions

relating to a midshipman appointed under section 6904 of title 10,

or a seaman recruit enlisted under section 6905 of title 10, and

"educational institution" for "college or university", in text, and

"Cadets and midshipmen" for "Cadets, midshipmen, and naval officer

candidates", in section catchline.

Subsec. (d). Pub. L. 88-647, Sec. 202(4)(C), struck out subsec.

(d) which entitled a midshipman under section 6906 of title 10,

while on flight training or duty, to the allowances of a midshipman

at the United States Naval Academy.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-End-

-CITE-

37 USC Sec. 423 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 423. Validity of allowance payments based on purported

marriages

-STATUTE-

A payment of an allowance, based on a purported marriage, that is

made under this chapter, under the Career Compensation Act of 1949,

or under the Pay Readjustment Act of 1942, before judicial

annulment or termination of that marriage, is valid, if a court of

competent jurisdiction adjudges or decrees that the marriage was

entered into in good faith on the part of the spouse who is a

member of a uniformed service or if, in the absence of such a

judgment or decree, such a finding of good faith is made by the

Secretary concerned or by a person designated by him to investigate

the matter.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 479.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

423 37:303. Oct. 12, 1949, ch. 681,

Sec. 503, 63 Stat. 827.

--------------------------------------------------------------------

The words "or which hereafter may be" are omitted as surplusage.

The words "a person designated by him to investigate the matter"

are substituted for the words "such person as he may designate for

the purpose".

-REFTEXT-

REFERENCES IN TEXT

The Career Compensation Act of 1949, referred to in text, is act

Oct. 12, 1949, ch. 681, 63 Stat. 802, which was classified

principally to chapter 4 (Sec. 231 et seq.) of former Title 37, Pay

and Allowances, prior to the revision and reenactment of Title 37

by Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 451. For distribution of

sections of chapter 4 of former Title 37, see Table preceding

section 101 of this title.

The Pay Readjustment Act of 1942, referred to in text, is act

June 16, 1942, ch. 413, 56 Stat. 359, which was classified

principally to chapter 2 (Sec. 101 et seq.) of former Title 37, Pay

and Allowances, prior to the revision and reenactment of title 37

by Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 451. For distribution of

sections of chapter 2 of former title 37, see Table preceding

section 101 of this title.

-End-

-CITE-

37 USC Sec. 424 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 424. Band leaders

-STATUTE-

(a) The leader of the Army Band is entitled to the allowances of

a captain in the Army.

(b) The leader of the United State Navy Band is entitled to the

allowances of a lieutenant of the Navy.

(c) A member of the Marine Corps who is appointed as director or

assistant director of the United States Marine Corps Band under

section 6222 of title 10, is entitled, while serving thereunder,

only to the allowances of an officer in the grade in which he is

serving. However, his allowances may not be less than those to

which he was entitled at the time of his appointment under that

section.

(d) The leader of the Naval Academy Band is entitled to the

allowances of the pay grade prescribed for him by the Secretary of

Navy under section 207(e) of this title. The second leader is

entitled to the allowances of a warrant officer, W-1.

(e) The director of the Coast Guard Band is entitled to the

allowances of an officer in the grade in which he is serving.

However, his allowances may not be less than those to which he was

entitled at the time of his appointment as director.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 480; Pub. L. 89-189, Sec.

3, Sept. 17, 1965, 79 Stat. 820; Pub. L. 95-551, Sec. 3(b)(2), Oct.

30, 1978, 92 Stat. 2069.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

424(a) 10:3536(b) (less [None.]

applicability to basic

pay).

424(b) 10:4338(a) (as applicable [None.]

to allowances).

424(c) 10:6221(b) (less [None.]

applicability to basic

pay).

424(d) 10:6222(e) (less [None.]

applicability to basic

pay).

424(e) 10:6969(b) (less last [None.]

sentence, and less

applicability to basic

pay).

--------------------------------------------------------------------

AMENDMENTS

1978 - Subsecs. (b) to (f). Pub. L. 95-551 redesignated subsecs.

(c) to (f) as (b) to (e), respectively. Former subsec. (b), which

provided that the director of music at the United States Military

Academy be entitled to allowances of a commissioned officer of the

rank prescribed for the director by the Secretary of the Army, was

struck out.

1965 - Subsec. (f). Pub. L. 89-189 added subsec. (f).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-End-

-CITE-

37 USC Sec. 425 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 425. United States Navy Band; United States Marine Corps Band:

allowances while on concert tour

-STATUTE-

While on concert tours approved by the President, the members of

the United States Navy Band and the United States Marine Corps Band

do not forfeit allowances.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 480.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

425 10:6224. [None.]

--------------------------------------------------------------------

The words "do not forfeit" are substituted for the words "lose

no" for clarity.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section delegated to Secretary

of Defense, see section 1(14) of Ex. Ord. No. 11390, Jan. 22, 1968,

33 F.R. 841, set out as a note under section 301 of Title 3, The

President.

-End-

-CITE-

37 USC Sec. 426 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

[Sec. 426. Repealed. Pub. L. 90-377, Sec. 10, July 5, 1968, 82

Stat. 288]

-MISC1-

Section, Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 480, provided

for payment to persons confined in a naval confinement facility

under sentence of a court-martial of not more than $3 a month for

necessary expenses, such payments to be made from appropriations

for pay of Navy or Marine Corps.

-End-

-CITE-

37 USC Sec. 427 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 427. Family separation allowance

-STATUTE-

(a) Entitlement to Allowance. - (1) In addition to any allowance

or per diem to which he otherwise may be entitled under this title

a member of a uniformed service with dependents is entitled to a

monthly allowance equal to $100 if -

(A) the movement of his dependents to his permanent station or

a place near that station is not authorized at the expense of the

United States under section 406 of this title and his dependents

do not reside at or near that station;

(B) he is on duty on board a ship away from the home port of

the ship for a continuous period of more than 30 days; or

(C) he is on temporary duty away from his permanent station for

a continuous period of more than 30 days and his dependents do

not reside at or near his temporary duty station.

(2) A member who becomes entitled to an allowance under this

subsection by virtue of duty prescribed in subparagraph (B) or (C)

of paragraph (1) for a continuous period of more than 30 days is

entitled to the allowance effective as of the earlier of -

(A) the first day of that period; or

(B) the first day the member ceased being entitled to a

previous allowance under this subsection by reason of the end of

duty prescribed in such subparagraphs, if the member ceased being

entitled to the previous allowance within 30 days before the

first day of that period.

(b) Entitlement When No Residence or Household Maintained for

Dependents. - An allowance is payable under subsection (a) even

though the member does not maintain for his primary dependents who

would otherwise normally reside with him, a residence or household,

subject to his management and control, which he is likely to share

with them as a common household when his duty assignment permits.

(c) Effect of Election to Serve Unaccompanied Tour of Duty. - (1)

Except as provided in paragraph (2) or (3), a member who elects to

serve a tour of duty unaccompanied by his dependents at a permanent

station to which the movement of his dependents is authorized at

the expense of the United States under section 406 of this title is

not entitled to an allowance under subsection (a)(1)(A).

(2) The prohibition in the first sentence of paragraph (1) does

not apply to a member who elects to serve an unaccompanied tour of

duty because a dependent cannot accompany the member to or at that

permanent station for certified medical reasons.

(3) The Secretary concerned may waive paragraph (1) in situations

in which it would be inequitable to deny the allowance to the

member because of unusual family or operational circumstances.

(d) Entitlement While Spouse Entitled to Basic Pay. - A member

married to another member of the uniformed services becomes

entitled, regardless of any other dependency status, to an

allowance under subsection (a) by virtue of duty prescribed in

subparagraph (A), (B), or (C) of paragraph (1) of such subsection

if the members were residing together immediately before being

separated by reasons of execution of military orders. Section 421

of this title does not apply to bar the entitlement to an allowance

under this section. However, not more than one monthly allowance

may be paid with respect to a married couple under this section.

-SOURCE-

(Added Pub. L. 88-132, Sec. 11(1), Oct. 2, 1963, 77 Stat. 217;

amended Pub. L. 91-529, Sec. 1, Dec. 3, 1970, 84 Stat. 1389; Pub.

L. 91-533, Sec. 1, Dec. 7, 1970, 84 Stat. 1392; Pub. L. 96-342,

title VIII, Sec. 809(a), Sept. 8, 1980, 94 Stat. 1097; Pub. L.

99-145, title VI, Sec. 607(a), Nov. 8, 1985, 99 Stat. 639; Pub. L.

99-661, div. A, title VI, Sec. 618(a), Nov. 14, 1986, 100 Stat.

3880; Pub. L. 102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991,

105 Stat. 117; Pub. L. 102-190, div. A, title VI, Secs. 611(b),

625, Dec. 5, 1991, 105 Stat. 1376, 1379; Pub. L. 103-337, div. A,

title VI, Sec. 625(a), Oct. 5, 1994, 108 Stat. 2785; Pub. L.

104-106, div. A, title VI, Sec. 606, Feb. 10, 1996, 110 Stat. 358;

Pub. L. 104-201, div. A, title VI, Sec. 607, Sept. 23, 1996, 110

Stat. 2542; Pub. L. 105-85, div. A, title VI, Secs. 603(c)(3), 626,

Nov. 18, 1997, 111 Stat. 1781, 1795; Pub. L. 107-107, div. A, title

VI, Sec. 607(a), Dec. 28, 2001, 115 Stat. 1134.)

-MISC1-

AMENDMENTS

2001 - Subsec. (c). Pub. L. 107-107 designated first sentence of

existing provisions as par. (1) and substituted "Except as provided

in paragraph (2) or (3), a member" for "A member", added par. (2),

and designated second sentence of existing provisions as par. (3)

and substituted "The Secretary concerned may waive paragraph (1)"

for "The Secretary concerned may waive the preceding sentence".

1997 - Subsec. (a). Pub. L. 105-85, Sec. 603(c)(3)(B)(i),

redesignated subsec. (b)(1), (2) as subsec. (a)(1), (2),

respectively, and inserted subsec. heading.

Pub. L. 105-85, Sec. 603(c)(3)(A), struck out heading and text of

subsec. (a). Text read as follows: "In addition to any allowance or

per diem to which he otherwise may be entitled under this title, a

member of a uniformed service with dependents who is on permanent

duty outside of the United States, or in Alaska, is entitled to a

monthly allowance equal to the basic allowance for quarters payable

to a member without dependents in the same pay grade if -

"(1) the movement of his dependents to his permanent station or

a place near that station is not authorized at the expense of the

United States under section 406 of this title and his dependents

do not reside at or near that station; and

"(2) quarters of the United States or a housing facility under

the jurisdiction of a uniformed service are not available for

assignment to him."

Subsec. (a)(1). Pub. L. 105-85, Sec. 626, substituted "$100" for

"$75" in introductory provisions.

Pub. L. 105-85, Sec. 603(c)(3)(B)(ii), struck out ", including

subsection (a)," after "under this title" in introductory

provisions, inserted "or" at end of subpar. (B), substituted

"station." for "station; or" at end of subpar. (C), and struck out

subpar. (D) which read as follows: "the member is married to a

member of a uniformed service, the member has no dependent other

than the spouse, the two members are separated by reason of the

execution of military orders, and the two members were residing

together immediately before being separated by reason of execution

of military orders."

Subsec. (b). Pub. L. 105-85, Sec. 603(c)(3)(B)(iii), redesignated

subsec. (b)(3) as subsec. (b), inserted heading, and substituted

"subsection (a)" for "this subsection". Former subsec. (b)(1), (2),

and (4) redesignated subsecs. (a)(1), (2), and (c), respectively.

Subsec. (b)(5). Pub. L. 105-85, Sec. 603(c)(3)(B)(v), struck out

par. (5) which read as follows: "Section 421 of this title does not

apply to bar an entitlement to an allowance under paragraph (1)(D).

However, not more than one monthly allowance may be paid with

respect to a married couple under paragraph (1)(D) for any month."

Subsec. (c). Pub. L. 105-85, Sec. 603(c)(3)(B)(iv), redesignated

subsec. (b)(4) as subsec. (c), inserted heading, and substituted

"subsection (a)(1)(A)" for "paragraph (1)(A) of this subsection".

Subsec. (d). Pub. L. 105-85, Sec. 603(c)(3)(B)(v), added subsec.

(d).

1996 - Subsec. (b)(1)(D). Pub. L. 104-201, Sec. 607(a), added

subpar. (D).

Subsec. (b)(4). Pub. L. 104-106 inserted "paragraph (1)(A) of"

after "not entitled to an allowance under".

Subsec. (b)(5). Pub. L. 104-201, Sec. 607(b), added par. (5).

1994 - Subsec. (b)(2). Pub. L. 103-337, Sec. 625(a)(3), added

par. (2). Former par. (2) redesignated (3).

Pub. L. 103-337, Sec. 625(a)(1), struck out at beginning "A

member who becomes entitled to an allowance under this subsection

by virtue of duty described in subparagraph (B) or (C) of paragraph

(1) for a continuous period of more than 30 days is entitled to the

allowance effective as of the first day of that period."

Subsec. (b)(3), (4). Pub. L. 103-337, Sec. 625(a)(2),

redesignated pars. (2) and (3) as (3) and (4), respectively.

1991 - Subsec. (a). Pub. L. 102-190, Sec. 625(b)(1), inserted

heading.

Subsec. (b). Pub. L. 102-190, Sec. 625(b)(2), inserted heading.

Subsec. (b)(1). Pub. L. 102-190, Sec. 625(a), substituted "$75"

for "$60".

Pub. L. 102-190, Sec. 611(b), substituted "In" for "Except in

time of war or of national emergency hereafter declared by

Congress, and in".

Pub. L. 102-25 struck out "of this section" after "subsection

(a)".

1986 - Subsec. (b). Pub. L. 99-661, Sec. 618(a), designated

existing provisions as pars. (1) and (2), in par. (1) redesignated

former pars. (1) to (3) as subpars. (A) to (C), respectively, and

in par. (2) substituted "subparagraph (B) or (C) of paragraph (1)"

for "clause (2) or (3)", and added par. (3).

1985 - Subsec. (b). Pub. L. 99-145 substituted "$60" for "$30".

1980 - Subsec. (b). Pub. L. 96-342 struck out "(other than a

member in pay grade E-1, E-2, E-3, or E-4 (4 years' or less

service))" after "a member of a uniformed service with dependents".

1970 - Subsec. (b). Pub. L. 91-533 struck out "who is entitled to

a basic allowance for quarters" after "(4 years' or less service)".

Pub. L. 91-529 inserted provisions authorizing payment of an

allowance under this subsection even though the member does not

maintain for his primary dependents who would otherwise normally

reside with him, a residence or household, subject to his

management or control, which he is likely to share with them as a

common household when his duty assignment permits.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title VI, Sec. 607(b), Dec. 28, 2001,

115 Stat. 1135, provided that: "Paragraph (2) of section 427(c) of

title 37, United States Code, as added by subsection (a)(3), shall

apply with respect to pay periods beginning on or after January 1,

2002, for a member of the uniformed services covered by such

paragraph regardless of the date on which the member first made the

election to serve an unaccompanied tour of duty."

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by section 603(c)(3) of Pub. L. 105-85 effective Jan.

1, 1998, see section 603(e) of Pub. L. 105-85, set out as a note

under section 5561 of Title 5, Government Organization and

Employees.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 625(b) of Pub. L. 103-337 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect as

of June 20, 1994."

EFFECTIVE DATE OF 1985 AMENDMENT

Section 607(b) of Pub. L. 99-145 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect on

October 1, 1985, and shall apply only to family separation

allowances payable for months beginning on or after that date."

EFFECTIVE DATE OF 1980 AMENDMENT

Section 809(b) of Pub. L. 96-342 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect

with respect to months after September 1980."

EFFECTIVE DATE OF 1970 AMENDMENTS

Section 2 of Pub. L. 91-533 provided that: "The amendment made by

this Act [amending this section] shall take effect on the first day

of the first calendar month which occurs after the date of the

enactment of this Act [Dec. 7, 1970]."

Section 2 of Pub. L. 91-529 provided that: "Section 1 of this Act

[amending this section] is effective October 1, 1963."

EFFECTIVE DATE

Section effective Oct. 1, 1963, see section 14 of Pub. L. 88-132,

set out as an Effective Date of 1963 Amendment note under section

201 of this title.

SAVINGS PROVISION

Section 618(b) of Pub. L. 99-661 provided that: "Notwithstanding

the amendments made by subsection (a) [amending this section], a

member who on September 30, 1986, was assigned to a permanent

station to which the movement of his dependents was authorized at

the expense of the United States under section 406 of title 37,

United States Code, and who elected to serve a tour of duty at that

station unaccompanied by his dependents, shall, until he departs

that station as a result of a change of permanent station, be

entitled to receive the allowance authorized by section 427(b) of

such title without regard to paragraph (3) [now (4)] of such

section, as added by subsection (a)."

TEMPORARY INCREASE IN FAMILY SEPARATION ALLOWANCE; PERSIAN GULF

CONFLICT

Section 302 of Pub. L. 102-25 provided that:

"(a) Increased Rate. - In lieu of the family separation allowance

specified in section 427(b)(1) of title 37, United States Code, the

family separation allowance payable under that section shall be $75

for each month during the period described in subsection (b).

"(b) Period of Applicability. - Subsection (a) shall apply during

the period beginning on January 15, 1991, and ending on the first

day of the first month beginning on or after the date 180 days

after the end of the Persian Gulf conflict."

FAMILY SEPARATION ALLOWANCE FOR MEMBERS IN MISSING STATUS DURING

THE VIETNAM CONFLICT

Pub. L. 91-534, Dec. 7, 1970, 84 Stat. 1392, provided: "That,

under regulations to be prescribed by the Secretary of Defense, a

member of a uniformed service with dependents who is in a missing

status (as defined in section 551(2) of title 37 United States

Code) during the Vietnam conflict and is not entitled to an

allowance under section 427(b) of title 37 may be paid a monthly

allowance equal to $30. For the purposes of this Act, the Vietnam

conflict ends on the date designated by the President by Executive

order as the date of the termination of combat activities in

Vietnam.

"Sec. 2. This Act takes effect on the first day of the first

month which begins after the date of enactment of this Act [Dec. 7,

1970]."

-End-

-CITE-

37 USC Sec. 428 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 428. Allowance for recruiting expenses

-STATUTE-

In addition to other pay or allowances authorized by law, and

under uniform regulations prescribed by the Secretaries concerned,

a member who is assigned to recruiting duties for his armed force

may be reimbursed for actual and necessary expenses incurred in

connection with those duties.

-SOURCE-

(Added Pub. L. 92-129, title II, Sec. 205(a), Sept. 28, 1971, 85

Stat. 359.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1971, see section 209 of Pub. L.

92-129, set out as a note under section 302a of this title.

PAY CONTINUATION

Enactment of this section not to reduce the pay to which any

member of the uniformed services was entitled on June 30, 1971, see

section 210 of Pub. L. 92-129, set out as a note under section 203

of this title.

-End-

-CITE-

37 USC Sec. 429 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 429. Travel and transportation allowances: minor dependent

schooling

-STATUTE-

Under regulations to be prescribed by the Secretary of Defense, a

member of a uniformed service whose permanent station is outside

the United States may be allowed transportation in kind for any

minor dependent (or reimbursement therefor), or a monetary

allowance in place of such transportation in kind, to a school

operated by the Department of Defense under the Defense Dependents'

Education Act of 1978 (20 U.S.C. 921 et seq.) for dependents in an

overseas area which is operated, and which such dependent attends,

on a 5-day-a-week dormitory basis or on a 7-day-a-week dormitory

basis. In the case of a dependent attending a school on a

5-day-a-week dormitory basis, the transportation in kind or

allowance authorized by this section shall be for weekly trips to

and from such school, and in the case of a dependent attending a

school on a 7-day-a-week dormitory basis, such transportation in

kind or allowances shall be for not less than three trips to and

from such school during the school year.

-SOURCE-

(Added Pub. L. 95-561, title XIV, Sec. 1407(e)(1)(A), formerly Sec.

1407(c)(1)(A), Nov. 1, 1978, 92 Stat. 2367, renumbered Sec.

1407(d)(1)(A), Pub. L. 101-510, div. A, title V, Sec. 504(a)(1),

Nov. 5, 1990, 104 Stat. 1559; renumbered Sec. 1407(e)(1)(A), Pub.

L. 107-107, div. A, title III, Sec. 353(1), Dec. 28, 2001, 115

Stat. 1063; amended Pub. L. 99-145, title XIII, Sec. 1303(b)(10),

Nov. 8, 1985, 99 Stat. 741.)

-REFTEXT-

REFERENCES IN TEXT

The Defense Dependents' Education Act of 1978, referred to in

text, is Pub. L. 95-561, title XIV, Nov. 1, 1978, 92 Stat. 2365, as

amended, which is classified principally to chapter 25A (Sec. 921

et seq.) of Title 20, Education. For complete classification of

this Act to the Code, see Short Title note set out under section

921 of Title 20 and Tables.

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-145 inserted "(20 U.S.C. 921 et seq.)".

EFFECTIVE DATE

Section effective Oct. 1, 1978, and no provision to be construed

in impair or to prevent the taking of effect of any other Act

providing for the transfer of the described functions to an

executive department having responsibility for education, see

section 1415 of Pub. L. 95-561, set out as a note under section 921

of Title 20, Education.

-TRANS-

TRANSFER OF FUNCTIONS

All functions of the Secretary of Defense and the Department of

Defense under this section, with the exception of functions

relating to operation of overseas institutions of higher education,

were transferred to the Secretary of Education by section 3442(a)

and (d) of Title 20, Education.

-MISC2-

DEPENDENT STUDENT TRAVEL WITHIN UNITED STATES

For availability of Department of Defense funds for travel and

transportation of dependent students of members of the Armed Forces

stationed overseas for transportation allowances for travel within

or between the contiguous States, see section 808 of Pub. L.

99-145, set out as a note under section 133 of Title 10, Armed

Forces.

AUTHORITY UNDER THE DEFENSE DEPARTMENT OVERSEAS TEACHERS PAY AND

PERSONNEL PRACTICES ACT AVAILABLE TO SECRETARY OF EDUCATION

The authority of the Secretary of Defense and the Secretaries of

the military departments under the Defense Department Overseas

Teachers Pay and Personnel Practices Act, section 901 et seq. of

Title 20, Education, made available to the Secretary of Education

with respect to all functions transferred from the Secretary of

Defense and Department of Defense under this section by section

3442(b) of Title 20, Education.

-End-

-CITE-

37 USC Sec. 430 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 430. Travel and transportation: dependent children of members

stationed overseas

-STATUTE-

(a) Availability of Allowance. - (1) Under regulations prescribed

by the Secretary of Defense, a member of a uniformed service may be

paid the allowance set forth in subsection (b) if the member -

(A) is assigned to a permanent duty station outside the

continental United States;

(B) is accompanied by the member's dependents at or near that

duty station (unless the member's only dependents are in the

category of dependent described in paragraph (2)); and

(C) has an eligible dependent child described in paragraph (2).

(2) An eligible dependent child of a member referred to in

paragraph (1)(C) is a child who -

(A) is under 23 years of age and unmarried;

(B) is enrolled in a school in the continental United States

for the purpose of obtaining a formal education; and

(C) is attending that school or is participating in a foreign

study program approved by that school and, pursuant to that

foreign study program, is attending a school outside the United

States for a period of not more than one year.

(b) Allowance Authorized. - (1) A member described in subsection

(a) may be paid a transportation allowance for each eligible

dependent child of the member of one annual trip between the school

being attended by that child and the member's duty station outside

the continental United States and return. The allowance authorized

by this section may be transportation in kind or reimbursement

therefor, as prescribed by the Secretaries concerned. However, the

transportation authorized by this section may not be paid a member

for a child attending a school in the continental United States for

the purpose of obtaining a secondary education if the child is

eligible to attend a secondary school for dependents that is

located at or in the vicinity of the duty station of the member and

is operated under the Defense Dependents' Education Act of 1978 (20

U.S.C. 921 et seq.).

(2) At the option of the member, in lieu of the transportation of

baggage of a dependent child under paragraph (1) from the

dependent's school in the continental United States, the Secretary

concerned may pay or reimburse the member for costs incurred to

store the baggage at or in the vicinity of the school during the

dependent's annual trip between the school and the member's duty

station. The amount of the payment or reimbursement may not exceed

the cost that the Government would incur to transport the baggage.

(3) The transportation allowance paid under paragraph (1) for an

annual trip of an eligible dependent child who is attending a

school outside the United States may not exceed the transportation

allowance that would be paid under this section for the annual trip

of that child between the child's school in the continental United

States and the member's duty station outside the continental United

States and return.

(c) Use of Airlift and Sealift Command. - Whenever possible, the

Air Mobility Command or Military Sealift Command shall be used, on

a space-required basis, for the travel authorized by this section.

(d) Attendance at School in Alaska or Hawaii. - For a member

assigned to duty outside the continental United States,

transportation under this section may be provided a dependent child

as described in subsection (a)(2) who is attending a school in

Alaska or Hawaii.

(e) Exception. - The transportation allowance authorized by this

section (whether transportation in kind or reimbursement) may not

be paid in the case of a member assigned to a permanent duty

station in Alaska or Hawaii for a child attending a school in the

State of the permanent duty station.

(f) Definitions. - In this section:

(1) The term "formal education" means the following:

(A) A secondary education.

(B) An undergraduate college education.

(C) A graduate education pursued on a full-time basis at an

institution of higher education.

(D) Vocational education pursued on a full-time basis at a

postsecondary vocational institution.

(2) The term "institution of higher education" has the meaning

given that term in section 101 of the Higher Education Act of

1965 (20 U.S.C. 1001).

(3) The term "postsecondary vocational institution" has the

meaning given that term in section 102(c) of the Higher Education

Act of 1965 (20 U.S.C. 1002(c)).

-SOURCE-

(Added Pub. L. 98-94, title IX, Sec. 910(a)(1), Sept. 24, 1983, 97

Stat. 638; amended Pub. L. 101-189, div. A, title VI, Sec. 625(a),

Nov. 29, 1989, 103 Stat. 1448; Pub. L. 101-510, div. A, title XIV,

Sec. 1484(e)(1), Nov. 5, 1990, 104 Stat. 1717; Pub. L. 102-25,

title VII, Sec. 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117;

Pub. L. 105-261, div. A, title VI, Sec. 634, Oct. 17, 1998, 112

Stat. 2044; Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 646],

Oct. 30, 2000, 114 Stat. 1654, 1654A-162; Pub. L. 107-107, div. A,

title VI, Sec. 639(a)-(c), title IX, Sec. 931(c), Dec. 28, 2001,

115 Stat. 1148, 1200; Pub. L. 107-314, div. A, title VI, Sec.

654(b)(6), Dec. 2, 2002, 116 Stat. 2582.)

-REFTEXT-

REFERENCES IN TEXT

The Defense Dependents' Education Act of 1978, referred to in

subsec. (b)(1), is title XIV of Pub. L. 95-561, Nov. 1, 1978, 92

Stat. 2365, as amended, which is classified principally to chapter

25A (Sec. 921 et seq.) of Title 20, Education. For complete

classification of this Act to the Code, see Short Title note set

out under section 921 of Title 20 and Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (f). Pub. L. 107-314 added subsec. (f) and struck

out heading and text of former subsec. (f). Text defined the terms

"continental United States" and "formal education".

2001 - Subsec. (a). Pub. L. 107-107, Sec. 639(a), inserted

heading and amended text generally. Prior to amendment, text read

as follows:

"(a) Under regulations to be prescribed by the Secretary of

Defense, a member of a uniformed service who -

"(1) is assigned a permanent duty station outside the

continental United States,

"(2) is accompanied by his dependents at or near his duty

station (unless his only dependents are in the category of

dependent described in clause (3)), and

"(3) has a dependent child who is under 23 years of age

attending a school in the continental United States for the

purpose of obtaining a formal education,

may be paid the allowance set forth in subsection (b) if he

otherwise qualifies for such allowance."

Subsec. (b). Pub. L. 107-107, Sec. 639(b)(1), inserted heading.

Subsec. (b)(1). Pub. L. 107-107, Sec. 639(b)(2), in first

sentence, substituted "each eligible dependent child of the member

of one annual trip between the school being attended by that child"

for "each unmarried dependent child, who is under 23 years of age

and is attending a school in the continental United States for the

purpose of obtaining a formal education, of one annual trip between

the school being attended".

Subsec. (b)(3). Pub. L. 107-107, Sec. 639(b)(3), added par. (3).

Subsec. (c). Pub. L. 107-107, Sec. 931(c), substituted "Air

Mobility Command" for "Military Airlift Command".

Pub. L. 107-107, Sec. 639(c)(1), inserted heading.

Subsec. (d). Pub. L. 107-107, Sec. 639(c)(2), inserted heading

and substituted "subsection (a)(2)" for "subsection (a)(3)".

Subsec. (e). Pub. L. 107-107, Sec. 639(c)(3), inserted heading.

Subsec. (f). Pub. L. 107-107, Sec. 639(c)(4), inserted heading.

2000 - Subsecs. (a)(3), (b)(1). Pub. L. 106-398, Sec. 1 [[div.

A], title VI, Sec. 646(1)], substituted "for the purpose of

obtaining a formal education" for "for the purpose of obtaining a

secondary or undergraduate college education".

Subsec. (f). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

646(2)], substituted "In this section:" for "In this section,",

inserted par. (1) designation, substituted "The term" for "the

term", and added par. (2).

1998 - Subsec. (b). Pub. L. 105-261 designated existing

provisions as par. (1) and added par. (2).

1991 - Subsec. (a). Pub. L. 102-25 struck out "of this

subsection" after "clause (3)" in par. (2) and "of this section"

after "subsection (b)" in concluding provisions.

Subsec. (b). Pub. L. 102-25, Sec. 702(b)(1), struck out "of this

section" after "subsection (a)".

1990 - Subsec. (b). Pub. L. 101-510 inserted "(20 U.S.C. 921 et

seq.)" after "Education Act of 1978".

1989 - Subsec. (a). Pub. L. 101-189, Sec. 625(a)(1), inserted

"continental" before "United States" in pars. (1) and (3) and

struck out "oversea" before "duty station" in par. (2).

Subsec. (b). Pub. L. 101-189, Sec. 625(a)(2), inserted

"continental" before "United States" in two places and substituted

"outside the continental United States" for "in the oversea area".

Subsecs. (d) to (f). Pub. L. 101-189, Sec. 625(a)(3), added

subsecs. (d) to (f).

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title VI, Sec. 639(d), Dec. 28, 2001,

115 Stat. 1149, provided that: "The amendments made by this section

[amending this section] shall apply with respect to travel

described in subsection (b) of section 430 of title 37, United

States Code, as amended by this section, that commences on or after

the date of the enactment of this Act [Dec. 28, 2001]."

EFFECTIVE DATE OF 1989 AMENDMENT

Section 625(b) of Pub. L. 101-189 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to travel and transportation commenced after the date of

the enactment of this Act [Nov. 29, 1989]."

EFFECTIVE DATE

Section 910(b) of Pub. L. 98-94 provided that: "Section 430 of

title 37, United States Code, as added by subsection (a), shall

apply only with respect to travel begun after September 30, 1983."

DEPENDENT STUDENT TRAVEL WITHIN UNITED STATES

For availability of Department of Defense funds for travel and

transportation of dependent students of members of the Armed Forces

stationed overseas for transportation allowances for travel within

or between the contiguous States, see section 808 of Pub. L.

99-145, set out as a note under section 133 of Title 10, Armed

Forces.

Pub. L. 98-212, title VII, Sec. 799B, Dec. 8, 1983, 97 Stat.

1456, as amended by Pub. L. 98-396, title I, Aug. 22, 1984, 98

Stat. 1378, provided in part that: "After August 31, 1984, none of

the funds appropriated to the Department of Defense for the travel

and transportation of dependent students of military personnel

stationed overseas shall be obligated for a transportation

allowance for travel within or between the contiguous United

States."

-End-

-CITE-

37 USC Sec. 431 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 431. Benefits for certain members assigned to the Defense

Intelligence Agency

-STATUTE-

(a) The Secretary of Defense may provide to members of the armed

forces described in subsection (e) allowances and benefits

comparable to those provided by the Secretary of State to officers

and employees of the Foreign Service under paragraphs (2), (3),

(4), (6), (7), (8), and (13) of section 901 and sections 705 and

903 of the Foreign Service Act of 1980 (22 U.S.C. 4081(2), (3),

(4), (6), (7), (8), and (13), 4025, 4083) and under section 5924(4)

of title 5.

(b) The authority of the Secretary of Defense to make payments

under subsection (a) is effective for any fiscal year only to the

extent that appropriated funds are available for such purpose.

(c) Members of the armed forces may not receive benefits under

both subsection (a) and any other provision of this title for the

same purpose. The Secretary of Defense shall prescribe such

regulations as may be necessary to carry out this subsection.

(d) Regulations prescribed under subsection (a) may not take

effect until the Secretary of Defense has submitted such

regulations to -

(1) the Committee on Armed Services and the Select Committee on

Intelligence of the Senate; and

(2) the Committee on Armed Services and the Permanent Select

Committee on Intelligence of the House of Representatives.

(e) Subsection (a) applies to members of the armed forces who -

(1) are assigned -

(A) to Defense Attache&233; Offices or Defense Intelligence

Agency Liaison Offices outside the United States; or

(B) to the Defense Intelligence Agency and engaged in

intelligence-related duties outside the United States; and

(2) are designated by the Secretary of Defense for the purposes

of subsection (a).

-SOURCE-

(Added Pub. L. 99-145, title XIII, Sec. 1302(b)(1), Nov. 8, 1985,

99 Stat. 738; amended Pub. L. 102-25, title VII, Sec. 702(b)(1),

(c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104-93, title V, Sec.

502(b), Jan. 6, 1996, 109 Stat. 973; Pub. L. 106-65, div. A, title

X, Sec. 1067(2), Oct. 5, 1999, 113 Stat. 774.)

-COD-

CODIFICATION

Another section 431 was renumbered section 432 of this title.

-MISC1-

AMENDMENTS

1999 - Subsec. (d)(2). Pub. L. 106-65 substituted "Committee on

Armed Services" for "Committee on National Security".

1996 - Subsec. (a). Pub. L. 104-93, Sec. 502(b)(1), substituted

"described in subsection (e)" for "who are assigned to Defense

Attache Offices and Defense Intelligence Agency Liaison Offices

outside the United States and who are designated by the Secretary

of Defense for the purposes of this subsection".

Subsecs. (d), (e). Pub. L. 104-93, Sec. 502(b)(2), (3), added

subsecs. (d) and (e) and struck out former subsec. (d) which read

as follows: "Regulations prescribed pursuant to subsection (a)

shall be submitted to the Committee on Armed Services and the

Permanent Select Committee on Intelligence of the House of

Representatives and the Committee on Armed Services and the Select

Committee on Intelligence of the Senate before such regulations

take effect."

1991 - Subsecs. (b) to (d). Pub. L. 102-25 struck out "of this

section" after "subsection (a)".

-TRANS-

DELEGATION OF AUTHORITY OF SECRETARY OF DEFENSE

Section 1302(b)(3) of Pub. L. 99-145, as amended by Pub. L.

100-180, div. A, title XIII, Sec. 1314(d)(4), Dec. 4, 1987, 101

Stat. 1176, provided that: "The authority of the Secretary of

Defense under section 431 of title 37, United States Code, as added

by paragraph (1), may be delegated in accordance with section

113(d) of title 10, United States Code."

[Amendment to section 1302(b)(3) of Pub. L. 99-145 by Pub. L.

100-180 effective Oct. 1, 1986, see section 1314(e)(2) of Pub. L.

100-180, set out as a note under section 413 of this title.]

-End-

-CITE-

37 USC Sec. 432 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 432. Travel and transportation: members escorting certain

dependents

-STATUTE-

(a) Under regulations prescribed by the Secretary concerned, a

member of a uniformed service may be provided round trip

transportation and travel allowances for travel performed or to be

performed under competent orders as an escort for the member's

dependent when travel by the dependent is authorized by competent

authority and the dependent is incapable of traveling alone because

of age, mental or physical incapacity, or other extraordinary

circumstances.

(b) Whenever possible, the Air Mobility Command or Military

Sealift Command shall be used, on a space-required basis, for the

travel authorized by this section.

-SOURCE-

(Added Pub. L. 99-661, div. A, title VI, Sec. 615(a)(1), Nov. 14,

1986, 100 Stat. 3879, Sec. 431; renumbered Sec. 432, Pub. L.

100-26, Sec. 8(b)(1), Apr. 21, 1987, 101 Stat. 285; amended Pub. L.

107-107, div. A, title IX, Sec. 931(c), Dec. 28, 2001, 115 Stat.

1200.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 192

of Title 10, Armed Forces, prior to enactment of this section by

Pub. L. 99-145.

AMENDMENTS

2001 - Subsec. (b). Pub. L. 107-107 substituted "Air Mobility

Command" for "Military Airlift Command".

EFFECTIVE DATE

Section 615(b) of Pub. L. 99-661 provided that: "Section 431 [now

432] of title 37, United States Code, as added by subsection (a),

shall apply with respect to travel performed after September 30,

1986."

-End-

-CITE-

37 USC Sec. 433 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 433. Allowance for muster duty

-STATUTE-

(a) Under uniform regulations prescribed by the Secretaries

concerned, a member of the Ready Reserve who is not a member of the

National Guard or of the Selected Reserve is entitled to an

allowance for muster duty performed pursuant to section 12319 of

title 10 if the member is engaged in that duty for at least two

hours.

(b) The amount of the allowance under this section shall be 125

percent of the amount of the average per diem rate for the United

States (other than Alaska and Hawaii) under section 404(d)(2)(A) of

this title as in effect on September 30 of the year preceding the

year in which the muster duty is performed.

(c) The allowance authorized by this section may not be disbursed

in kind. The allowance may be paid to the member before, on, or

after the date on which the muster duty is performed, but not later

than 30 days after that date. The allowance shall constitute the

single, flat-rate monetary allowance authorized for the performance

of muster duty and shall constitute payment in full to the member,

regardless of grade or rank in which serving, as commutation for

travel to the immediate vicinity of the designated muster duty

location, transportation, subsistence, and the special or

extraordinary costs of enforced absence from home and civilian

pursuits, including such absence on weekends and holidays.

(d) A member who performs muster duty is not entitled to

compensation for inactive-duty training under section 206(a) of

this title for the same period.

-SOURCE-

(Added Pub. L. 101-189, div. A, title V, Sec. 502(b)(1), Nov. 29,

1989, 103 Stat. 1436; amended Pub. L. 101-510, div. A, title XIV,

Sec. 1484(h)(5), Nov. 5, 1990, 104 Stat. 1718; Pub. L. 104-106,

div. A, title XV, Sec. 1501(d)(4)(B), Feb. 10, 1996, 110 Stat. 501;

Pub. L. 105-85, div. A, title VI, Sec. 627, Nov. 18, 1997, 111

Stat. 1795.)

-MISC1-

AMENDMENTS

1997 - Subsec. (c). Pub. L. 105-85 struck out "and shall be paid

to the member on or before the date on which the muster duty is

performed" after "disbursed in kind" in first sentence and inserted

"The allowance may be paid to the member before, on, or after the

date on which the muster duty is performed, but not later than 30

days after that date." after first sentence.

1996 - Subsec. (a). Pub. L. 104-106 substituted "section 12319 of

title 10" for "section 687 of title 10".

1990 - Subsec. (a). Pub. L. 101-510 substituted "section 687 of

title 10" for "section 691 of title 10".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of Title 10, Armed

Forces.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 1484(h)(5) of Pub. L. 101-510 provided that the amendment

made by that section is effective as of Nov. 29, 1989.

-End-

-CITE-

37 USC Sec. 434 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 434. Subsistence reimbursement relating to escorts of foreign

arms control inspection teams

-STATUTE-

(a) Reimbursement of Reasonable Subsistence Costs. - Under

uniform regulations prescribed by the Secretaries concerned, a

member of the armed forces may be reimbursed for the reasonable

cost of subsistence incurred by the member while performing duties

as an escort of an arms control inspection team of a foreign

country, or any member of such a team, while the team or the team

member, as the case may be, is engaged in activities related to the

implementation of an arms control treaty or agreement.

(b) Period of Authority. - The authority under subsection (a)

applies to the period during which the inspection team, pursuant to

authority specifically provided in the applicable arms control

treaty or agreement, is in the country where inspections and

related activities are being conducted by the team pursuant to that

treaty or agreement.

(c) Effect of Location of Member's Permanent Duty Station. - The

authority under subsection (a) applies to a member of the armed

forces whether the duties referred to in that subsection are

performed at, near, or away from the member's permanent duty

station.

-SOURCE-

(Added Pub. L. 102-484, div. A, title VI, Sec. 623(a)(1), Oct. 23,

1992, 106 Stat. 2422.)

-MISC1-

EFFECTIVE DATE

Section 623(b) of Pub. L. 102-484 provided that: "Section 434 of

title 37, United States Code, as added by subsection (a), shall

apply with respect to escort duty described in that section which

is performed on or after the date of the enactment of this Act

[Oct. 23, 1992]."

-End-

-CITE-

37 USC Sec. 435 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 435. Funeral honors duty: allowance

-STATUTE-

(a) Allowance Authorized. - (1) The Secretary concerned may

authorize payment of an allowance to a member of the Ready Reserve

for any day on which the member performs at least two hours of

funeral honors duty pursuant to section 12503 of title 10 or

section 115 of title 32.

(2) The Secretary concerned may also authorize payment of that

allowance to a member of the armed forces in a retired status for

any day on which the member serves in a funeral honors detail under

section 1491 of title 10, if the time required for service in such

detail (including time for preparation) is not less than two hours.

The amount of an allowance paid to a member under this paragraph

shall be in addition to any other compensation to which the member

may be entitled under this title or title 10 or 38.

(b) Amount. - The daily rate of an allowance under this section

is $50.

-SOURCE-

(Added Pub. L. 106-65, div. A, title V, Sec. 578(j), Oct. 5, 1999,

113 Stat. 630; amended Pub. L. 106-398, Sec. 1 [[div. A], title V,

Sec. 575(b), title X, Sec. 1087(c)(1)(A)(i)], Oct. 30, 2000, 114

Stat. 1654, 1654A-138, 1654A-292; Pub. L. 107-107, div. A, title V,

Sec. 561(b), Dec. 28, 2001, 115 Stat. 1119.)

-COD-

CODIFICATION

Another section 435 was renumbered section 436 of this title.

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-107 designated existing

provisions as par. (1) and added par. (2).

2000 - Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec.

1087(c)(1)(A)(i)], made technical amendment to directory language

of Pub. L. 106-65, Sec. 578(j), which enacted this section.

Subsec. (c). Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec.

575(b)], struck out heading and text of subsec. (c). Text read as

follows: "Except for expenses reimbursed under subsection (c) of

section 12503 of title 10 or subsection (c) of section 115 of title

32, the allowance paid under this section is the only monetary

compensation authorized to be paid a member for the performance of

funeral honors duty pursuant to such section, regardless of the

grade in which the member is serving, and shall constitute payment

in full to the member."

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by section 1 [[div. A], title V, Sec. 575(b)] of Pub.

L. 106-398, applicable with respect to funeral honors duty

performed on or after Oct. 1, 2000, see section 1 [[div. A], title

V, Sec. 575(c)] of Pub. L. 106-398, set out as a note under section

12503 of Title 10, Armed Forces.

Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(c)(1)],

Oct. 30, 2000, 114 Stat. 1654, 1654A-292, provided that the

amendment made by that section is effective as of Oct. 5, 1999, and

as if included in the National Defense Authorization Act for Fiscal

Year 2000, Pub. L. 106-65, as enacted.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 1491, 12503;

title 32 section 115.

-End-

-CITE-

37 USC Sec. 436 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 7 - ALLOWANCES

-HEAD-

Sec. 436. Per diem allowance for lengthy or numerous deployments

-STATUTE-

(a) Per Diem Required. - The Secretary of the military department

concerned shall pay a high-deployment per diem allowance to a

member of the armed forces under the Secretary's jurisdiction for

each day on which the member (1) is deployed, and (2) has, as of

that day, been deployed 401 or more days out of the preceding 730

days. The Secretary shall pay the allowance from appropriations

available for operation and maintenance for the armed force in

which the member serves.

(b) Definition of Deployed. - In this section, the term

"deployed", with respect to a member, means that the member is

deployed or in a deployment within the meaning of section 991(b) of

title 10 (including any definition of "deployment" prescribed under

paragraph (4) of that section).

(c) Amount of Per Diem. - The amount of the high-deployment per

diem payable to a member under this section is $100.

(d) Payment of Claims. - A claim of a member for payment of the

high-deployment per diem allowance that is not fully substantiated

by the recordkeeping system applicable to the member under section

991(c) of title 10 shall be paid if the member furnishes the

Secretary concerned with other evidence determined by the Secretary

as being sufficient to substantiate the claim.

(e) Relationship to Other Allowances. - A high-deployment per

diem payable to a member under this section is in addition to any

other pay or allowance payable to the member under any other

provision of law.

(f) National Security Waiver. - No per diem may be paid under

this section to a member for any day on which the applicability of

section 991 of title 10 to the member is suspended under subsection

(d) of that section.

-SOURCE-

(Added Pub. L. 106-65, div. A, title V, Sec. 586(b), Oct. 5, 1999,

113 Stat. 638, Sec. 435; renumbered Sec. 436 and amended, Pub. L.

106-398, Sec. 1 [[div. A], title V, Sec. 574(c), title X, Sec.

1087(b)(4)], Oct. 30, 2000, 114 Stat. 1654, 1654A-137, 1654A-292;

Pub. L. 107-107, div. A, title V, Sec. 592(a), Dec. 28, 2001, 115

Stat. 1125.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-107 inserted at end "The

Secretary shall pay the allowance from appropriations available for

operation and maintenance for the armed force in which the member

serves."

2000 - Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec.

1087(b)(4)], renumbered section 435 of this title as this section.

Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec.

574(c)(1)], substituted "401 or more days out of the preceding 730

days" for "251 days or more out of the preceding 365 days".

Subsec. (b). Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec.

574(c)(2)], substituted "prescribed under paragraph (4)" for

"prescribed under paragraph (3)".

EFFECTIVE DATE

Pub. L. 106-65, div. A, title V, Sec. 586(d)(2), Oct. 5, 1999,

113 Stat. 639, provided that: "Section 435 [now 436] of title 37,

United States Code (as added by subsection (b)) [this section],

shall take effect on October 1, 2001."

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12503 of this title.

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