
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 594(a),]
[Document affected by Public Law 107-107 Section 594(c)]
[CITE: 10USC2634]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                       CHAPTER 157--TRANSPORTATION
 
Sec. 2634. Motor vehicles: transportation or storage for members 
        on change of permanent station or extended deployment
        
    (a) When a member of an armed force is ordered to make a change of 
permanent station, one motor vehicle that is owned or leased by the 
member (or a dependent of the member) and is for the personal use of the 
member or his dependents may, unless a motor vehicle owned or leased by 
him (or a dependent of his) was transported in advance of that change of 
permanent station under section 406(h) of title 37, be transported, at 
the expense of the United States, to his new station or such other place 
as the Secretary concerned may authorize--
        (1) on a vessel owned, leased, or chartered by the United 
    States;
        (2) by privately owned American shipping services;
        (3) by foreign-flag shipping services if shipping services 
    described in clauses (1) and (2) are not reasonably available; or
        (4) by other surface transportation if such means of transport 
    does not exceed the cost to the United States of other authorized 
    means.

When the Secretary concerned determines that a replacement for that 
motor vehicle is necessary for reasons beyond the control of the member 
and is in the interest of the United States, and he approves the 
transportation in advance, one additional motor vehicle of the member 
(or a dependent of the member) may be so transported.
    (b)(1) In lieu of transportation authorized by this section, if a 
member is ordered to make a change of permanent station to a foreign 
country and the laws, regulations, or other restrictions imposed by the 
foreign country or the United States preclude entry of a motor vehicle 
described in subsection (a) into that country, or would require 
extensive modification of the vehicle as a condition to entry, the 
member may elect to have the vehicle stored at the expense of the United 
States at a location approved by the Secretary concerned.
    (2) If a member is transferred or assigned in connection with a 
contingency operation to duty at a location other than the permanent 
station of the member for a period of more than 30 consecutive days, but 
the transfer or assignment is not considered a change of permanent 
station, the member may elect to have a motor vehicle described in 
subsection (a) stored at the expense of the United States at a location 
approved by the Secretary concerned.
    (3) Authorized expenses under this subsection include costs 
associated with the delivery of the motor vehicle for storage and 
removal of the vehicle for delivery to a destination approved by the 
Secretary concerned.
    (c) When there has been a shipping error, or when orders directing a 
change of permanent station have been canceled, revoked, or modified 
after receipt by the member, a motor vehicle transported pursuant to 
this section may also be reshipped or transshipped in accordance with 
this section.
    (d) When the Secretary concerned makes a determination under section 
406(j) of title 37 that the dependents of a member on a permanent change 
of station are unable to accompany the member to an overseas duty 
station because of unexpected and uncontrollable circumstances, and the 
member shipped a motor vehicle pursuant to this section in anticipation 
of a dependent accompanying the member to the new duty station, the 
member may reship or transship such motor vehicle in accordance with 
this section.
    (e) 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 regulations limiting those leased motor vehicles 
that may be transported pursuant to this section based upon the length 
of the lease and other terms and conditions of the lease that the 
Secretary considers appropriate.
    (f) 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 
a motor vehicle being transported under this section.
    (g) 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 
section 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 member's use, or for the use of the dependent for whom the 
delayed vehicle was transported. 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).
    (h) In this section:
        (1) The term ``change of permanent station'' means the transfer 
    or assignment of a member of the armed forces from a permanent 
    station inside the continental United States to a permanent station 
    outside the continental United States or from a permanent station 
    outside the continental United States to another permanent station. 
    It also includes an authorized change in home port of a vessel, or a 
    transfer or assignment between two permanent stations in the 
    continental United States when the member cannot, because of injury 
    or the conditions of the order, drive the motor vehicle between the 
    permanent duty stations.
        (2) The term ``continental United States'' does not include 
    Alaska.

(Added Pub. L. 87-651, title I, Sec. 111(b), Sept. 7, 1962, 76 Stat. 
510; amended Pub. L. 88-431, Sec. 1(b), Aug. 14, 1964, 78 Stat. 439; 
Pub. L. 89-101, Sec. 1(1), July 30, 1965, 79 Stat. 425; Pub. L. 93-548, 
Secs. 1, 2, Dec. 26, 1974, 88 Stat. 1743; Pub. L. 97-60, title II, 
Sec. 202, Oct. 14, 1981, 95 Stat. 1005; Pub. L. 99-661, div. A, title 
VI, Secs. 611, 620(b)(2), Nov. 14, 1986, 100 Stat. 3878, 3883; Pub. L. 
100-26, Sec. 7(j)(6), Apr. 21, 1987, 101 Stat. 283; Pub. L. 100-180, 
div. A, title VI, Sec. 616(a), Dec. 4, 1987, 101 Stat. 1096; Pub. L. 
102-484, div. A, title VI, Sec. 622(b), Oct. 23, 1992, 106 Stat. 2422; 
Pub. L. 104-106, div. A, title VI, Sec. 642(a)(2), Feb. 10, 1996, 110 
Stat. 368; Pub. L. 104-201, div. A, title III, Sec. 368(a)(1), (2)(A), 
Sept. 23, 1996, 110 Stat. 2497; Pub. L. 105-261, div. A, title VI, 
Secs. 631(b)(2), 653(a), Oct. 17, 1998, 112 Stat. 2044, 2051.)


                      Historical and Revision Notes

    The new section 2634 of title 10 combines sections 4748, 6157, and 
9748 of this title and section 471a of title 14 (which are being 
repealed), and reflects the Act of May 28, 1956, ch. 325 (46 U.S.C. 
1241(c)).


                               Amendments

    1998--Subsec. (d). Pub. L. 105-261, Sec. 631(b)(2), substituted 
``section 406(j)'' for ``section 406(k)''.
    Subsecs. (g), (h). Pub. L. 105-261, Sec. 653(a), added subsec. (g) 
and redesignated former subsec. (g) as (h).
    1996--Pub. L. 104-201, Sec. 368(a)(2)(A), substituted ``Motor 
vehicles: transportation or storage for members on change of permanent 
station or extended deployment'' for ``Motor vehicles: for members on 
change of permanent station'' in section catchline.
    Subsec. (b). Pub. L. 104-201, Sec. 368(a)(1)(C), added subsec. (b). 
Former subsec. (b) redesignated (g).
    Subsec. (d). Pub. L. 104-106 substituted ``section 406(k) of title 
37'' for ``section 406(l) of title 37''.
    Subsec. (g). Pub. L. 104-201, Sec. 368(a)(1)(A), (B), redesignated 
subsec. (b) as (g) and transferred it to end of section.
    1992--Subsec. (f). Pub. L. 102-484 added subsec. (f).
    1987--Subsec. (a). Pub. L. 100-180, Sec. 616(a)(1), inserted ``or 
leased'' after ``owned'' in two places in introductory text.
    Subsec. (d). Pub. L. 100-26 redesignated subsec. (f) as (d).
    Subsec. (e). Pub. L. 100-180, Sec. 616(a)(2), added subsec. (e).
    Subsec. (f). Pub. L. 100-26 redesignated subsec. (f) as (d).
    1986--Subsec. (a). Pub. L. 99-661, Sec. 611(a), substituted ``by 
other surface transportation'' for ``in the case of movement, the major 
portion of which is by shipping services described in clause (1) or (2), 
by other surface transportation between customary ports of embarkation 
and debarkation'' in par. (4), and struck out ``, or his designee,'' 
after ``When the Secretary concerned'' in last sentence.
    Subsec. (b). Pub. L. 99-661, Sec. 611(b), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``In this 
section, `change of permanent station' means the transfer or assignment 
of a member of the armed forces from one permanent station to another. 
It includes the change from home or from the place from which ordered to 
active duty to first station upon appointment, call to active duty, 
enlistment, or induction, and from last duty station to home or to the 
place from which ordered to active duty upon separation from the 
service, placement upon the temporary disability retired list, release 
from active duty, or retirement. It also includes an authorized change 
in home yard or home port of a vessel.''
    Subsec. (f). Pub. L. 99-661, Sec. 620(b)(2), added subsec. (f).
    1981--Subsec. (a). Pub. L. 97-60 substituted ``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 may, unless a motor 
vehicle owned by him (or a dependent of his) was transported'' for ``one 
motor vehicle owned by him and for his personal use or the use of his 
dependents may, unless a motor vehicle owned by him was transported'' in 
provisions preceding par. (1) and, in provisions following par. (4), 
inserted ``(or a dependent of the member)'' after ``one additional motor 
vehicle of the member''.
    1974--Subsec. (a)(4). Pub. L. 93-548, Sec. 1, added par. (4).
    Subsec. (c). Pub. L. 93-548, Sec. 2, added subsec. (c).
    1965--Pub. L. 89-101 substituted ``change of permanent station'' for 
``permanent change of station'' in section catchline, designated 
existing provisions as subsec. (a), substituted ``change of permanent 
station'' for ``permanent change of station'' in two places, inserted 
``or for the use of his dependents'' and ``or such other place as the 
Secretary concerned may authorize'', added cl. 3, provided for the 
transportation of one additional motor vehicle when replacement is 
necessary, and added subsec. (b).
    1964--Pub. L. 88-431 inserted ``, leased, or chartered'' and 
``unless a motor vehicle owned by him was transported in advance of that 
permanent change of station under section 406(h) of title 37''.


                    Effective Date of 1998 Amendment

    Pub. L. 105-261, div. A, title VI, Sec. 653(e), Oct. 17, 1998, 112 
Stat. 2052, provided that:
    ``(1) Reimbursement for motor vehicle rental expenses may not be 
provided under the amendments made by this section [amending this 
section and sections 405a, 406, and 554 of Title 37, Pay and Allowances 
of the Uniformed Services] until after the date on which the Secretary 
of Defense submits to Congress a report containing a certification that 
the Department of Defense has in place and operational a system to 
recover the cost of providing such reimbursement from commercial 
carriers that are responsible for the delay in the delivery of the motor 
vehicles of members of the Armed Forces and their dependents. The 
Secretary of Defense shall prepare the report in consultation with the 
Secretary of Transportation, with respect to the Coast Guard.
    ``(2) The amendments shall apply with respect to rental expenses 
described in such amendments that are incurred on or after the date of 
the submission of the report. The report shall be submitted not later 
than six months after the date of the enactment of this Act [Oct. 17, 
1998] and shall include, in addition to the certification, a description 
of the system to be used to recover from commercial carriers the costs 
incurred under such amendments.''


                    Effective Date of 1996 Amendment

    Section 368(c) of Pub. L. 104-201 provided that: ``The amendments 
made by this section [amending this section and section 406 of Title 37, 
Pay and Allowances of the Uniformed Services] shall take effect on April 
1, 1997.''


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-661, applicable with respect to members 
whose dependents are unable to accompany them to an overseas permanent 
duty station because of circumstances arising on or after Nov. 14, 1986, 
see section 620(c)(2) of Pub. L. 99-661, set out as a note under section 
406 of Title 37, Pay and Allowances of the Uniformed Services.


       Effective Date of 1965 Amendment; Reimbursement of Expenses

    Section 3 of Pub. L. 89-101 provided that: ``This Act [amending this 
section and section 406 of title 37] shall be effective May 1, 1965. Any 
member who--
        ``(1) transported a motor vehicle at his personal expense after 
    April 30, 1965, and before the enactment of this Act [July 30, 
    1965]; and
        ``(2) would have been entitled to the transportation of such 
    motor vehicle at Government expense under the provisions of this 
    Act;
shall be reimbursed for the allowable transportation cost actually 
expended by him. Appropriations available for permanent change of 
station travel shall be available for the reimbursements authorized by 
this Act.''


                          Public Health Service

    Authority vested by this section in ``the Secretary concerned'' to 
be exercised, with respect to commissioned officers of Public Health 
Service, by Secretary of Health and Human Services or his designee, see 
section 213a of Title 42, The Public Health and Welfare.


             National Oceanic and Atmospheric Administration

    Authority vested by this section in ``the Secretary concerned'' to 
be exercised, with respect to commissioned officer corps of National 
Oceanic and Atmospheric Administration, by Secretary of Commerce or his 
designee, see section 857a of Title 33, Navigation and Navigable Waters.

                  Section Referred to in Other Sections

    This section is referred to in title 33 section 857a; title 37 
sections 406, 406b, 406c; title 42 section 213a.
