
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[571(f)]]
[Document affected by Public Law 106-398 Section 1[642(a)]]
[Document affected by Public Law 106-398 Section 1[643]]
[Document affected by Public Law 107-107 Section 633(a)]
[Document affected by Public Law 107-107 Section 634(a)]
[Document affected by Public Law 106-398 Section 1[571(f)]]
[Document affected by Public Law 106-398 Section 1[642(b)]]
[Document affected by Public Law 107-107 Section 633(b)]
[Document affected by Public Law 107-107 Section 634(b)]
[Document affected by Public Law 107-107 Section 638(b)(3)]
[CITE: 37USC406]

 
         TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
 
                          CHAPTER 7--ALLOWANCES
 
Sec. 406. Travel and transportation allowances: dependents; 
        baggage and household effects
        
    (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.
    (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 September 30, 
    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:


                                              Without          With
                Pay Grade                   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 \1\.................................       7,000           8,000
E-4 \2\.................................       3,500           7,000
E-3.....................................       2,000           5,000
E-2.....................................       1,500           5,000
E-1.....................................       1,500           5,000

\1\ Member with more than two years of service computed under section
  205 of this title.
\2\ Member with less than two years of service computed under section
  205 of this title.


    (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 Transportation 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 Transportation, 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.
    (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 September 30, 
    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.

(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.)

                                          Historical and Revision Notes
                                                    1962 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
406(a)................................  37:253(c) (1st sentence, less 1st    Oc
t. 12, 1949, ch. 681, Sec.
                                         33 words, and less last 59 words).   3
03(c), (1st through 3d, 9th,
                                        37:253(c) (last 59 words of 1st       1
1th, 13th through 16th and last,
406(b)................................   sentence).                           s
entences), 63 Stat. 814; Mar. 31,
                                        37:253(c) (1st 33 words of 1st        1
955, ch. 20, Sec.  2(12), (13),
406(c)................................   sentence and 2d sentence).           6
9 Stat. 21, 22; Aug. 5, 1955, ch.
                                        37:253(c) (3d sentence).              5
71, 69 Stat. 532; Aug. 11, 1955,
                                        37:253(c) (9th sentence).             c
h. 806, Sec.  2, 69 Stat. 691;
406(d)................................  37:253(c) (11th sentence).            J
uly 12, 1960, Pub. L. 86-637,
406(e)................................  37:253(c) (13th through 16th, and     S
ec.  1(a), 74 Stat. 471; July 12,
406(f)................................   last, sentences).                    1
960, Pub. L. 86-638, Sec.  2, 74
406(g)................................                                        S
tat. 471; Aug. 17, 1961, Pub. L.
                                                                              8
7-140, 75 Stat. 341.
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---------------------------------

    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 section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
406(j)................................  31:650a.                             Au
g. 1, 1953, ch. 305, Sec.  604,
                                                                              6
7 Stat. 349.
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---------------------------------

    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.

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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
406(k)................................  37:406 (note).                       Fe
b. 9, 1976, Pub. L. 94-212, Sec.
                                                                              7
47, 90 Stat. 176.
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---------------------------------

    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

    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 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.


                      Storage of Household Effects

    Section 503(c) of Pub. L. 101-510, 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, 
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 September 30, 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, provided that:
    ``Section 1 [Short title]. This Act may be cited as the `Funeral 
Transportation and Living Expense Benefits Act of 1974'.
    ``Sec. 2 [Findings]. (a) The United States did in 1973 provide 
transportation and other amenities to families of five hundred and 
fifty-six returned prisoners of war for reunions upon these men's 
arrival in the continental United States after release from imprisonment 
by the government of the Democratic Republic of Vietnam and did in 1973 
also provide transportation and other amenities to these returned 
prisoners of war and their families to attend ceremonies in their honor 
in Washington, District of Columbia.
    ``(b) The remains of other prisoners of war, having died in 
captivity in Southeast Asia, are now being returned to the United States 
for burial.
    ``(c) The United States owes no lesser degree of respect, honor or 
solicitude to the memories of the men who died in captivity and their 
families than in the cases of those who survived and returned alive to 
the United States.
    ``(d) It is fitting and proper, therefore, as a mark of respect to 
those men who died in captivity while serving in the Armed Forces of the 
United States, that comparable courtesies and amenities be extended to 
the families of these deceased military personnel.
    ``Sec. 3 [Benefits; deceased prisoners of war or members missing in 
action; eligible family members]. (a) The Secretary of Defense is 
authorized to provide funeral transportation and living expenses 
benefits for the family of any deceased member of the Armed Forces who 
shall have died while classified as a prisoner of war or as missing in 
action during the Vietnam conflict and whose remains shall have been 
returned to the United States after January 27, 1973.
    ``(b) Such benefits shall include transportation roundtrip from such 
family members' places of residence to the place of burial for such 
deceased member of the Armed Forces, living expenses and other such 
allowances as the Secretary shall deem appropriate.
    ``(c) Eligible family members shall include the deceased's widow, 
children, stepchildren, mother, father, stepfather and stepmother, or if 
none of these shall desire to be granted such benefits, the deceased's 
brothers, sisters, halfbrothers and halfsisters.''


                            Cross References

    Assimilation of pay and allowances, see section 1003 of this title.
    Family separation allowance, see section 427 of this title.
    Regulations for administration of section, see section 411 of this 
title.

                  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.
