Legislación
US (United States) Code. Title 37. Chapter 7: Allowances
-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 Repealed.]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)
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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
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
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).
--------------------------------------------------------------------
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."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 12503 of this title.
-End-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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