 |
United States Code (Last Updated: May 24, 2014) |
 |
Title 37. PAY AND ALLOWANCES OF THE UNIFORMED SERVICES |
|
Chapter 8. TRAVEL AND TRANSPORTATION ALLOWANCES |
|
SubChapter III. TRAVEL AND TRANSPORTATION AUTHORITIES—OLD LAW |
§ 484. Travel and transportation; dependents; household and personal effects; trailers; additional movements; motor vehicles; sale of bulky items; claims for proceeds; appropriation chargeable
-
(a) In this section, “household and personal effects” and “household effects” may include, in addition to other authorized weight allowances, two privately owned motor vehicles which may be shipped at United States expense. Under regulations prescribed by the Secretaries concerned, and in place of the transportation of household and personal effects, a dependent, who would otherwise be entitled to transportation of household and personal effects under this section, may transport a house trailer or mobile dwelling within and between the areas specified in section 479 of this title for use as a residence by one of the following means— (1) transport it and be reimbursed by the United States; (2) deliver it to an agent of the United States for transportation by the United States or by commercial means; or (3) have it transported by commercial means, and be reimbursed by the United States. If a trailer or dwelling is transported under clause (2) or (3), that transportation may include two privately owned motor vehicles which may be shipped at United States expense. Transportation, and incidental costs, authorized by this section shall be at United States expense without any cost limitation, and any payment authorized may be made in advance of the transportation concerned. (b) Transportation (including packing, crating, drayage, temporary storage, and unpacking of household and personal effects) may be provided for the dependents and household and personal effects of a member of a uniformed service on active duty (without regard to pay grade) who is officially reported as dead, injured, ill, or absent for a period of more than 29 days in a missing status— (1) to the member’s official residence of record; (2) to the residence of his dependent, next of kin, or other person entitled to custody of the effects, under regulations prescribed by the Secretary concerned; or (3) on request of the member (if injured or ill), or his dependent, next of kin, or other person described in clause (2), to another location determined in advance or later approved by the Secretary concerned, or his designee. When he considers it necessary, the Secretary concerned may, with respect to the household and personal effects of a member who is officially reported as absent for a period of more than 29 days in a missing status, authorize the nontemporary storage of those effects for a period of one year, or longer when justified. In addition, he may authorize additional movements of, and prescribe transportation for, the dependents and household and personal effects, or the dependents and house trailer or mobile dwelling, of a member who is officially reported as absent for a period of more than one year in a missing status. (c) When a member described in subsection (b) is in an injured or ill status, transportation of dependents and household and personal effects authorized by this section may be provided only when prolonged hospitalization or treatment is anticipated. (d) Transportation requested by a dependent may be authorized under this section only if there is a reasonable relationship between the circumstances of the dependent and the requested destination. (e) In place of the transportation for dependents authorized by this section, and after the travel is completed, the Secretary concerned may authorize— (1) reimbursement for the commercial cost of the transportation; or (2) a monetary allowance at the prescribed rate for all, or that part, of the travel for which transportation in kind is not furnished. (f) The Secretary concerned may store the household and personal effects of a member described in subsection (b) until proper disposition can be made. The cost of the storage and transportation (including packing, crating, drayage, temporary storage, and unpacking) of household and personal effects shall be charged against appropriations currently available. (g) The Secretary concerned may, when he determines that there is an emergency and a sale would be in the best interests of the United States, provide for the public or private sale of motor vehicles and other bulky items of household and personal effects of a member described in subsection (b). Before a sale, and if practicable, a reasonable effort shall be made to determine the desires of the interested persons. The net proceeds received from the sale shall, under regulations prescribed by the Secretary concerned, be sent to the owner or other persons. If there are no such persons, or if they or their addresses are not known within one year from the date of sale, the net proceeds may be covered into the Treasury as miscellaneous receipts. (h) Claims for net proceeds that are covered into the Treasury under subsection (g) may be filed with the Secretary of Defense by the rightful owners, their heirs or next of kin, or their legal representatives at any time before the end of a 5-year period from the date the proceeds are covered into the Treasury. When a claim is filed, the Secretary of Defense shall allow or disallow it. A claim that is allowed shall be paid from the appropriation for refunding money erroneously received and covered. If a claim is not filed before the end of the 5-year period from the date the proceeds are covered into the Treasury, it is barred from being acted on by the courts or the Secretary of Defense. (i) 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 dependent 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). In a case in which two motor vehicles of a member (or the dependent or dependents of a member) are transported at the expense of the United States, no reimbursement is payable under this subsection unless both motor vehicles do not arrive at the authorized destination of the vehicles by the designated delivery date. (j) This section does not amend or repeal— (1) section 2575, 2733, 4712, 6522, or 9712 of title 10; (2) section 507 of title 14; or (3) chapter 171 of title 28. (k) No transportation, allowance, or reimbursement may be provided under this section for a move that begins after the travel authorities transition expiration date.
Historical And Revision
Historical and Revision Notes | ||
|---|---|---|
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
554(a)
554(b) | 50 App. 1012 (14th sentence). 50 App. 1012 (1st sentence). | Mar. 7, 1942, ch. 166, § 12, 56 Stat. 146; Feb. 12, 1946, ch. 6, § 1(a), 60 Stat. 5; Aug. 29, 1951, ch. 356, § 1, 65 Stat. 207; Apr. 4, 1953, ch. 17, § 1(d), 67 Stat. 21; Aug. 29, 1957, Pub. L. 85–217, § 1(d), 71 Stat. 492; Aug. 14, 1964, Pub. L. 88–428, § 1(8), 78 Stat. 437. |
| 50 App. 1014 (as applicable to § 1012 (1st sentence)). | Mar. 7, 1942, ch. 166, § 14 (as applicable to § 12 (1st sentence)), 56 Stat. 147; Apr. 4, 1953, ch. 17, § 1(e), 67 Stat. 21. |
554(c) | 50 App. 1012 (12th sentence). | |
554(d) | 50 App. 1012 (13th sentence). | |
554(e) | 50 App. 1012 (11th sentence). | |
554(f) | 50 App. 1012 (9th and 10th sentences). | |
554(g) | 50 App. 1012 (2d–4th sentences). | |
554(h) | 50 App. 1012 (5th–7th sentences). | |
554(i) | 50 App. 1012 (8th sentence). | |
Only that portion of the source law which is applicable to members of the uniformed services and their dependents is codified in this section.
In subsection (a), the words “Beginning
In subsection (b), the words “Transportation . . . may be provided” are substituted for “may be moved”. The words “a member of a uniformed service on active duty . . . or absent for a period of more than 29 days in a missing status” are substituted for “any person in active service . . . absent for a period of thirty days or more in any status listed in section 2 of this Act”, for clarity and to conform to the definitions in 37 U.S.C. 101(20) and (23) and revised section 551(2) of this chapter. In clause (1), the words “the member’s” are substituted for “for any such person”. In clause (2), the words “under . . . prescribed . . . Secretary concerned” are substituted for “in accordance with . . . issued . . . head of the department concerned”. In clause (3), the words “on request of the member” are substituted for “upon the person’s application”. The words “other person described in clause (2)” are substituted for “such . . . other person”. The words “Secretary concerned, or his designee” are substituted for “head of the department concerned or by such person as he may designate”.
In subsection (c), the words “a member described in subsection (b) of this section” are substituted for “the person”. The words “transportation . . . authorized by this section” are substituted for “the movement . . . provided for herein”. The words “provided . . . when” are substituted for “authorized . . . in cases where”.
In subsection (d), the words “requested by a dependent may be authorized under . . . only” are substituted for “No . . . shall be authorized pursuant to . . . upon application by dependents unless”. The words “condition and” are omitted as unnecessary.
In subsection (e), the words “In place . . . the Secretary concerned” are substituted for “In lieu . . . the head of the department concerned”. In clause (1), the words “reimbursement for” are substituted for “the payment in money of amounts equal to”. The words “in lieu of transportation”, the second time they appear, are omitted as unnecessary. In clause (2), the words “at the prescribed rate” are substituted for “as authorized by law”.
In subsection (f), the words “Secretary concerned” are substituted for “head of the department concerned”. The words “a member described in subsection (b) of this section” are substituted for “the person”. The words “such time as” are omitted as unnecessary.
In subsection (g), the words “Secretary concerned” are substituted for “head of the department concerned”, in 50 App. U.S.C. 1012 (2nd and 4th sentences). The words “United States” are substituted for “Government”; and the words “a member described in subsection (b) of this section” are substituted for “the person”, in 50 App. U.S.C. 1012 (2d sentence). The words “under . . . prescribed” are substituted for “in accordance with . . . issued”, and the word “known” is substituted for “ascertainable”, in 50 App. U.S.C. 1012 (4th sentence).
In subsection (h), the words “under subsection (g) of this section” are substituted for “under the authority of this section”, in 50 App. U.S.C. 1012 (5th sentence).
In subsection (i), the words “the provisions of” are omitted as unnecessary. Clause (3) is substituted for “the Federal Tort Claims Act (60 Stat. 842–847), as amended,” to reflect the correct citation of that Act.
Amendments
2013—Subsec. (a). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below.
2011—Pub. L. 112–81, § 631(d)(2), renumbered section 554 of this title as this section.
Subsec. (a). Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted “479” for “409” in introductory provisions.
Subsec. (k). Pub. L. 112–81, § 631(e)(26), added subsec. (k).
2002—Subsec. (a). Pub. L. 107–314, § 622(a), substituted “two privately owned motor vehicles” for “one privately owned motor vehicle” in introductory and concluding provisions.
Subsec. (i). Pub. L. 107–314, § 622(b), inserted at end “In a case in which two motor vehicles of a member (or the dependent or dependents of a member) are transported at the expense of the United States, no reimbursement is payable under this subsection unless both motor vehicles do not arrive at the authorized destination of the vehicles by the designated delivery date.”
1998—Subsecs. (i), (j). Pub. L. 105–261 added subsec. (i) and redesignated former subsec. (i) as (j).
1996—Subsec. (h). Pub. L. 104–316 substituted “Secretary of Defense” for “General Accounting Office” wherever appearing.
1991—Subsec. (a). Pub. L. 102–25, § 702(b)(2), struck out “of this subsection” after “clause (2) or (3)”.
Subsecs. (c), (f) to (h). Pub. L. 102–25, § 702(b)(1), struck out “of this section” after “subsection (b)” in subsecs. (c), (f), (g), and (h) and after “subsection (g)” in subsec. (h).
Subsec. (i)(1). Pub. L. 102–190 substituted “6522, or 9712” for “4713, 6522, 9712, or 9713”.
1974—Subsec. (b). Pub. L. 93–548, § 3(1)(A), inserted “ill,” after “injured,”.
Subsec. (b)(3). Pub. L. 93–548, § 3(1)(B), inserted “or ill” after “injured”.
Subsec. (c). Pub. L. 93–548, § 3(2), inserted “or ill” before “status”.
1972—Pub. L. 92–477, § 1(1), inserted “trailers; additional movements;” after “household and personal effects;” in section catchline.
Subsec. (a). Pub. L. 92–477, § 1(2), authorized at Government expense without cost limitation and under prescribed regulations the transportation of house trailers or mobile dwellings, including a privately owned motor vehicle, in place of household and personal effects of members in a missing status.
Subsec. (b). Pub. L. 92–477, § 1(3), authorized additional movements of and transportation for dependents and household and personal effects, or dependents and house trailer or mobile dwelling of members in a missing status for more than one year.
1968—Subsec. (b). Pub. L. 90–623 substituted “29” for “twenty-nine”.
Pub. L. 90–236 inserted provision authorizing nontemporary storage of household and personal effects of a member who is officially reported as absent for a period of more than 29 days in a missing status.
1967—Subsec. (a). Pub. L. 90–83 struck out “when it is located outside the United States, or in Alaska or Hawaii” after “shipped at United States expense”.
Effective Date Of Amendment
Pub. L. 112–239, div. A, title X, § 1076(a),
Pub. L. 107–314, div. A, title VI, § 622(c),
For provisions relating to the applicability of amendment by Pub. L. 105–261, see section 653(e) of Pub. L. 105–261, set out as a note under section 2634 of Title 10, Armed Forces.
Pub. L. 93–548, § 4,
Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on