Source
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 473; Pub. L. 88–431, § 1(a), Aug. 14, 1964, 78 Stat. 439; Pub. L. 89–101, § 2, July 30, 1965, 79 Stat. 425; Pub. L. 89–680, § 1(2), (3), Oct. 15, 1966, 80 Stat. 957; Pub. L. 89–718, §§ 58,
59, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 90–623, § 3(6), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96–107, title VIII, § 814, Nov. 9, 1979, 93 Stat. 817; Pub. L. 96–513, title V, § 506(7), Dec. 12, 1980, 94 Stat. 2919; Pub. L. 97–60, title I, § 121(b), Oct. 14, 1981, 95 Stat. 1000; Pub. L. 97–86, title IV, § 404, Dec. 1, 1981, 95 Stat. 1105; Pub. L. 97–258, § 2(i)(1), Sept. 13, 1982, 96 Stat. 1061; Pub. L. 97–295, § 3(4), Oct. 12, 1982, 96 Stat. 1303; Pub. L. 98–94, title IX, § 909, Sept. 24, 1983, 97 Stat. 638; Pub. L. 99–145, title VI, §§ 612(b),
614
(a),
617
(a), title XIII, § 1303(b)(9), Nov. 8, 1985, 99 Stat. 639–641, 741; Pub. L. 99–433, title VI, § 602(f)(2), Oct. 1, 1986, 100 Stat. 1070; Pub. L. 99–661, div. A, title VI, §§ 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, § 616(b), Dec. 4, 1987, 101 Stat. 1096; Pub. L. 100–456, div. A, title VI, § 602(a), Sept. 29, 1988, 102 Stat. 1976; Pub. L. 101–189, div. A, title VI, § 623(a), (b), Nov. 29, 1989, 103 Stat. 1447; Pub. L. 101–510, div. A, title V, § 503(b), title VI, §§ 621,
622
(a), title XIV, § 1484(i)(9), Nov. 5, 1990, 104 Stat. 1558, 1580, 1718; Pub. L. 102–25, title VII, § 702(b)(1)–(3), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–190, div. A, title XI, § 1111(d)(4), Dec. 5, 1991, 105 Stat. 1492; Pub. L. 102–241, § 12, Dec. 19, 1991, 105 Stat. 2213; Pub. L. 102–484, div. A, title VI, § 622(a), title X, § 1054(a)(4), Oct. 23, 1992, 106 Stat. 2422, 2502; Pub. L. 103–160, div. A, title V, § 561(l)(1), title XI, § 1182(d)(1), Nov. 30, 1993, 107 Stat. 1668, 1773; Pub. L. 104–106, div. A, title VI, §§ 623,
642
(a)(1), title XV, §§ 1502(b),
1505
(d), Feb. 10, 1996, 110 Stat. 363, 368, 506, 514; Pub. L. 104–201, div. A, title III, § 368(b), title VI, §§ 621(a),
624, Sept. 23, 1996, 110 Stat. 2498, 2548; Pub. L. 105–85, div. A, title VI, §§ 603(d)(1)(B),
631, Nov. 18, 1997, 111 Stat. 1782, 1795; Pub. L. 105–261, div. A, title V, § 561(f), title VI, §§ 631(a), (b)(1),
632,
653
(b), Oct. 17, 1998, 112 Stat. 2025, 2043, 2044, 2051; Pub. L. 106–398, § 1 [[div. A], title V, § 571(f), title VI, §§ 642(a),
643], Oct. 30, 2000, 114 Stat. 1654, 1654A–134, 1654A–161; Pub. L. 107–107, div. A, title VI, §§ 633(a),
634
(a), Dec. 28, 2001, 115 Stat. 1144; Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–136, div. A, title V, § 571, title VI, § 631(b), Nov. 24, 2003, 117 Stat. 1484, 1508; Pub. L. 109–163, div. A, title VI, §§ 652,
654
(a), Jan. 6, 2006, 119 Stat. 3312, 3313.)
Historical and Revision Notes
1962 Act
| Revised section |
Source (U.S. Code) |
Source (Statutes at Large) |
| 406(a) |
|
|
| 406(b) |
|
| 406(c) |
|
|
| 406(d) |
| 406(e) |
| 406(f) |
| 406(g) | 37:253(c) (1st sentence, less 1st 33 words, and less last 59 words). |
| 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). | Oct. 12, 1949, ch. 681, § 303(c), (1st through 3d, 9th, 11th, 13th through 16th and last, sentences), 63 Stat. 814; Mar. 31, 1955, ch. 20, § 2(12), (13), 69 Stat. 21, 22; Aug. 5, 1955, ch. 571, 69 Stat. 532; Aug. 11, 1955, ch. 806, § 2, 69 Stat. 691; July 12, 1960, Pub. L. 86–637, § 1(a), 74 Stat. 471; July 12, 1960, Pub. L. 86–638, § 2, 74 Stat. 471; Aug. 17, 1961, Pub. L. 87–140, 75 Stat. 341. |
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
| Revised section |
Source (U.S. Code) |
Source (Statutes at Large) |
| 406(j) | 31:650a. | Aug. 1, 1953, ch. 305, § 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 section |
Source (U.S. Code) |
Source (Statutes at Large) |
| 406(k) | 37:406 (note). | Feb. 9, 1976, Pub. L. 94–212, § 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, § 605,
66 Stat. 531.
Oct. 18, 1951, ch. 512, title VI, § 605,
65 Stat. 423.
Sept. 6, 1950, ch. 896, ch. X, title VI, § 605,
64 Stat. 752.
Oct. 29, 1949, ch. 787, title VI, § 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
2006—Subsec. (b)(1)(C).
Pub. L. 109–163, § 654(a), in table, increased the weight allowances for pay grades E–7, E–8, and E–9. Prior to amendment, the weight allowances for members without dependents and for members with dependents, respectively, were 10,500 and 12,500 for pay grade E–7, 11,000 and 13,500 for pay grade E–8, and 12,000 and 14,500 for pay grade E–9.
Subsec. (f).
Pub. L. 109–163, § 652(a), designated existing provisions as par. (1), substituted “the member” for “he”, and added par. (2).
Subsec. (g)(3).
Pub. L. 109–163, § 652(b), in first sentence, substituted “the member exercises the right or entitlement” for “he exercises it”, “the surviving dependents at any time before the end of the three-year period beginning on the date on which the member accrued that right or entitlement. If” for “his surviving dependents or, if”, and “the baggage and household effects of the deceased member” for “his baggage and household effects”.
2003—Subsec. (b)(1)(B).
Pub. L. 108–136, § 631(b), inserted last sentence.
Subsec. (h)(4).
Pub. L. 108–136, § 571, added par. (4).
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, § 633(a), substituted “$550” for “$275”.
Subsec. (b)(1)(C).
Pub. L. 107–107, § 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 without dependents and for members with 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, § 1 [[div. A], title VI, § 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, § 1 [[div. A], title V, § 571(f)], substituted “December 31, 2001” for “September 30, 2001”.
Subsec. (b)(1)(G).
Pub. L. 106–398, § 1 [[div. A], title VI, § 643], added subpar. (G).
Subsec. (g)(1)(C).
Pub. L. 106–398, § 1 [[div. A], title V, § 571(f)], substituted “December 31, 2001” for “September 30, 2001”.
1998—Subsec. (a)(2)(B)(v).
Pub. L. 105–261, § 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, § 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, § 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, § 631(a)(2), added subpar. (F).
Subsec. (g)(1)(C).
Pub. L. 105–261, § 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, § 653(b), added par. (3).
Subsecs. (j) to (m).
Pub. L. 105–261, § 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, § 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, § 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, § 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, § 1505(d), struck out “of this paragraph” after “as provided in subparagraph (A)”.
Subsec. (h)(1).
Pub. L. 104–106, § 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, § 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, § 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, § 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, § 642(a)(1), redesignated subsec. (k) as (j). Former subsec. (j) redesignated (i).
Subsec. (j)(1).
Pub. L. 104–201, § 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, § 624(2), added par. (3).
Subsecs. (k) to (n).
Pub. L. 104–106, § 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, § 561(l)(1), substituted “nine-year period” for “five-year period”.
Subsec. (b)(1)(E).
Pub. L. 103–160, § 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, § 561(l)(1), substituted “nine-year period” for “five-year period”.
1992—Subsec. (g)(1)(A).
Pub. L. 102–484, § 1054(a)(4), inserted a semicolon after “title 10”.
Subsec. (n).
Pub. L. 102–484, § 622(a), added subsec. (n).
1991—Subsec. (a)(1).
Pub. L. 102–25, § 702(b)(2), struck out “of this subsection” after “paragraph (2)”.
Subsec. (a)(2)(A).
Pub. L. 102–25, § 702(b)(3), struck out “of this paragraph” after “subparagraph (B)”.
Subsec. (a)(2)(B).
Pub. L. 102–25, § 702(b)(3), struck out “of this paragraph” after “Subparagraph (A)”.
Subsec. (b)(1)(A).
Pub. L. 102–25, § 702(b)(2), struck out “of this subsection” after “paragraph (2)”.
Subsec. (b)(1)(C).
Pub. L. 102–190, § 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, § 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, § 702(b)(3), struck out “of this paragraph” after “subparagraph (A)”.
Subsec. (b)(2).
Pub. L. 102–25, § 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, § 702(b)(1), struck out “of this section” after “subsections (a) and (b)”.
Subsec. (e).
Pub. L. 102–25, § 702(b)(1), struck out “of this section” after “subsection (a) or (b)”.
Subsec. (g)(3).
Pub. L. 102–25, § 702(b)(2), struck out “of this subsection” after “paragraph (2)”.
Subsec. (h)(1).
Pub. L. 102–25, § 702(b)(1), struck out “of this section” after “subsection (d)” and “subsection (b)”.
Subsec. (i)(1).
Pub. L. 102–25, § 702(b)(1), struck out “of this section” after “subsection (a) or (h)”.
Subsec. (k)(1).
Pub. L. 102–25, § 702(b)(1), struck out “of this section” after “subsection (b)” in two places.
1990—Subsec. (a)(2)(B)(v).
Pub. L. 101–510, § 503(b)(1), added cl. (v).
Subsec. (a)(4).
Pub. L. 101–510, § 503(b)(3), added par. (4).
Subsec. (b)(1)(C).
Pub. L. 101–510, § 1484(i)(9), inserted a period at end of footnote 2.
Subsec. (b)(1)(E).
Pub. L. 101–510, § 622(a), added subpar. (E).
Subsec. (g)(1).
Pub. L. 101–510, § 503(b)(2), added subpar. (C) and inserted “involuntarily separated,” after “placed on that list,” in concluding provisions.
Subsec. (k).
Pub. L. 101–510, § 621, revived amendment by
Pub. L. 99–145, § 614(a). See 1985 Amendment note below.
1989—Subsec. (b)(1)(C).
Pub. L. 101–189, § 623(b), inserted “in pounds” after “weight allowance” in provisions preceding table.
Subsec. (b)(1)(D).
Pub. L. 101–189, § 623(a), added subpar. (D).
1988—Subsec. (b)(1)(A).
Pub. L. 100–456, § 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, § 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, § 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, § 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, § 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, § 617(a)(2), inserted “, plus a per diem for the member’s dependents,” after “member”.
Subsec. (g)(1).
Pub. L. 99–661, § 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, § 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, § 617(a)(4), inserted “plus a per diem for the member’s dependents,” after “household effects”.
Subsecs. (l), (m).
Pub. L. 99–661, § 620(b)(1), added subsec. (l) and redesignated former subsec. (l) as (m).
1985—Subsec. (a)(1).
Pub. L. 99–145, § 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, § 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, § 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, § 621, set out as a Revival of Expired Amendment note below.
Subsec. (l).
Pub. L. 99–145, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 814(1), inserted provisions excepting subsec. (i) of this section from provisions of this subsection.
Subsec. (h).
Pub. L. 96–107, § 814(2), inserted provisions excepting subsec. (i) of this section from provisions of this subsection.
Subsec. (i).
Pub. L. 96–107, § 814(3), added subsec. (i).
1968—Subsec. (d)(2).
Pub. L. 90–623 substituted “90” for “ninety”.
1966—Subsec. (b).
Pub. L. 89–718, § 58(1), substituted “change of temporary or permanent station” for “temporary or permanent change of station”.
Subsec. (d).
Pub. L. 89–680, § 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, §§ 58(2),
59, inserted “is” before “placed” in cl. (1) and substituted “member’s” for “members’ ”.
Pub. L. 89–680, § 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 2006 Amendment
Pub. L. 109–163, div. A, title VI, § 654(b), Jan. 6, 2006,
119 Stat. 3313, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on January 1, 2006, 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 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, § 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, § 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, § 1 [[div. A], title VI, § 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, § 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.
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.
Storage of Household Effects
Pub. L. 101–510, div. A, title V, § 503(c), Nov. 5, 1990,
104 Stat. 1558, as amended by
Pub. L. 103–160, div. A, title V, § 561(l)(2), Nov. 30, 1993,
107 Stat. 1668;
Pub. L. 105–261, div. A, title V, § 561(f), Oct. 17, 1998,
112 Stat. 2025;
Pub. L. 106–398, § 1 [[div. A], title V, § 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, § 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, §§ 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, § 638(b)(3), Dec. 28, 2001,
115 Stat. 1148. See section
411f
(d) of this title.