div. A, title VI, §§ 603(d)(1)(B), 631, Nov. 18, 1997, 111 Stat. 1782, 1795; Pub. L. 105-261, div. A, title V, §561(f), title VI, §§ 631(a), (b)(1), 632, 653(b), Oct. 17, 1998, 112 Stat. 2025, 2043, 2044, 2051.)

AMENDMENTS

1998 Subsec. (a)(2)(B)(v). Pub. L. 105–261, §561(f), substituted "during the period beginning on October 1, 1990, and ending on September 30, 2001" for "during the nine-year period beginning on October 1, 1990".

Subsec. (b)(1)(A). Pub. L. 105-261, §631(a)(1), struck out", or reimbursement therefor," after "household effects" and inserted at end "Alternatively, the member may be paid reimbursement or a monetary allowance under subparagraph (F).”

Subsec. (b)(1)(D). Pub. L. 105–261, § 632, inserted before period at end of second sentence " unless the additional weight allowance in excess of such maximum is intended to permit the shipping of consumables that cannot be reasonably obtained at the new station of the member".

Subsec. (b)(1)(F). Pub. L. 105-261, § 631(a)(2), added subpar. (F).

Subsec. (g)(1)(C). Pub. L. 105–261, §561(f), substituted "during the period beginning on October 1, 1990, and ending on September 30, 2001" for "during the nine-year period beginning on October 1, 1990".

Subsec. (h)(3). Pub. L. 105-261, § 653(b), added par. (3). Subsecs. (j) to (m). Pub. L. 105–261, § 631(b)(1), redesignated subsecs. (k) to (m) as (j) to (1), respectively, and struck out former subsec. (j) which authorized the Secretary concerned to pay monetary allowance to member of armed forces or of Commissioned Corps of the Public Health Service who participates in a program in which member's baggage and household effects are transported by privately owned or rental vehicle or in which member provides labor in connection with transportation of baggage and household effects.

1997-Subsec. (c). Pub. L. 105-85, §603(d)(1)(B), substituted "sections 403(c), 404, and 405" for "sections 404 and 405" in introductory provisions.

Subsec. (h)(2)(C). Pub. L. 105-85, §631, substituted a period for a comma at end of cl. (iii) and struck out concluding provisions which read as follows: "if the sentence is approved under section 860(c)(2) of title 10." 1996 Subsec. (b)(1)(B). Pub. L. 104-201, §621(a), inserted at end "If clause (i)(I) applies to the transportation by the member of a motor vehicle from the old duty station, the monetary allowance under this subparagraph shall also cover return travel to the old duty station by the member or other person transporting the vehicle. In the case of transportation described in clause (ii), the monetary allowance shall also cover travel from the new duty station to the port of debarkation to pick up the vehicle."

Subsec. (b)(1)(E). Pub. L. 104-106, §1505(d), struck out "of this paragraph" after "as provided in subparagraph (A)".

Subsec. (h)(1). Pub. L. 104-106, § 623, in concluding provisions, substituted "who, by reason of age or graduation from (or cessation of enrollment in) an institution of higher education, would otherwise cease to be a dependent of the member" for "who became 21 years of age" and inserted "still" before "be considered as a dependent of the member."

Subsec. (h)(1)(B). Pub. L. 104-201, §368(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "in the case of a member described in paragraph (2)(A), authorize the transportation of one motor vehicle that is owned or leased by the member (or a dependent of the member) and is for his dependents' personal use to that location by means of transportation authorized under section 2634 of title 10."

Subsec. (i). Pub. L. 104-106, §642(a)(1), redesignated subsec. (j) as (i) and struck out former subsec. (i) which read as follows: "The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of

Representatives a report at the end of each fiscal year fiscal year stating

"(1) the number of dependents who during the preceding fiscal year were accompanying members of the Army, Navy, Air Force, and Marine Corps who were stationed outside the United States and were authorized by the Secretary concerned to receive allowances or transportation for dependents under subsection (a) or (h); and

"(2) the number of dependents who during the preceding fiscal year were accompanying members of the Army, Navy, Air Force, and Marine Corps who were stationed outside the United States and were not authorized to receive such allowances or transportation."

Pub. L. 104-106, §1502(b), substituted "Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives" for "Committees on Armed Services of the Senate and House of Representatives" in introductory provisions. Amendment executed before amendment by section 642(a)(1) of Pub. L. 104-106, see above, pursuant to section 1506 of Pub. L. 104-106, set out as a note under section 101 of Title 10, Armed Forces.

Subsec. (j). Pub. L. 104-106, §642(a)(1), redesignated subsec. (k) as (j). Former subsec. (j) redesignated (i).

Subsec. (j)(1). Pub. L. 104-201, §624(1), substituted "The Secretary concerned may pay a monetary allowance to a member of the armed forces or a member of the Commissioned Corps of the Public Health Service" for "Appropriations available to the Department of Defense for providing transportation of household effects of members of the armed forces under subsection (b) are available to pay a monetary allowance to a member" and "Secretary concerned" for "Secretary of the military department concerned”.

Subsec. (j)(3). Pub. L. 104–201, § 624(2), added par. (3). Subsecs. (k) to (n). Pub. L. 104-106, § 642(a)(1), redesignated subsecs. (1) to (n) as (k) to (m), respectively. Former subsec. (k) redesignated (j).

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."

STORAGE OF HOUSEHOLD EFFECTS

Section 503(c) of Pub. L. 101-510, as amended by Pub. L. 103-160, div. A, title V. §561(7)(2), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 105-261, div. A, title V, §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.

[See main edition for text of (2)]

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 sec

tion 4109; title 10 sections 1174a, 1175, 2013, 2634; title 14 section 512.

§ 407. Travel and transportation allowances: dislocation allowance

(a) ELIGIBILITY FOR PRIMARY DISLOCATION ALLOWANCE.-(1) Under regulations prescribed by the Secretary concerned, a member of a uniformed service described in paragraph (2) is entitled to a primary dislocation allowance at the rate determined under subsection (c) for the member's pay grade and dependency status.

(2) A member of the uniformed services referred to in paragraph (1) is any of the following:

(A) A member who makes a change of permanent station and the member's dependents actually make an authorized move in connection with the change, including a move by the dependents

(1) to join the member at the member's duty station after an unaccompanied tour of duty when the member's next tour of duty is an accompanied tour at the same station; and

(ii) to a location designated by the member after an accompanied tour of duty when the member's next tour of duty is an unaccompanied tour at the same duty station.

(B) A member whose dependents actually move pursuant to section 405a(a), 406(e), 406(h), or 554 of this title.

(C) A member whose dependents actually move from their place of residence under circumstances described in section 406a of this title.

(D) A member who is without dependents and

(i) actually moves to a new permanent station where the member is not assigned to quarters of the United States; or

(ii) actually moves from a place of residence under circumstances described in section 406a of this title.

(E) A member who is ordered to move in connection with the closure or realignment of a military installation and, as a result, the member's dependents actually move or, in the case of a member without dependents, the member actually moves.

(3) If a primary dislocation allowance is paid under this subsection to a member described in subparagraph (C) or (D)(ii) of paragraph (2), the member is not entitled to another dislocation allowance as a member described in subparagraph (A) or (E) of such paragraph in connection with the same move.

(b) SECONDARY ALLOWANCE AUTHORIZED UNDER CERTAIN CIRCUMSTANCES.-(1) Under regulations prescribed by the Secretary concerned, whenever a member is entitled to a primary dislocation allowance under subsection (a) as a member described in paragraph (2)(C) or (2)(D)(ii) of such subsection, the member is also entitled to a secondary dislocation allowance at the rate determined under subsection (c) for the member's pay grade and dependency status if, subsequent to the member or the member's dependents actually moving from their place of residence under

circumstances described in section 406a of this title, the member or member's dependents complete that move to a new location and then actually move from that new location to another location also under circumstances described in section 406a of this title.

(2) If a secondary dislocation allowance is paid under this subsection, the member is not entitled to a dislocation allowance as a member described in paragraph (2)(A) or (2)(E) of subsection (a) in connection with those moves.

(c) DISLOCATION ALLOWANCE RATES.-(1) The amount of the dislocation allowance to be paid under this section to a member shall be based on the member's pay grade and dependency status at the time the member becomes entitled to the allowance.

(2) The initial rate for the dislocation allowance, for each pay grade and dependency status, shall be equal to the rate in effect for that pay grade and dependency status on December 31, 1997, as adjusted by the average percentage increase in the rates of basic pay for calendar year 1998. Effective on the same date that the monthly rates of basic pay for members are increased for a subsequent calendar year, the Secretary of Defense shall adjust the rates for the dislocation allowance for that calendar year by the percentage equal to the average percentage increase in the rates of basic pay for that calendar year.

(d) FISCAL YEAR LIMITATION; EXCEPTIONS.—(1) A member is not entitled to more than one dislocation allowance under this section during a fiscal year unless—

(A) the Secretary concerned finds that the exigencies of the service require the member to make more than one change of permanent station during the fiscal year;

(B) the member is ordered to a service school as a change of permanent station;

(C) the member's dependents are covered by section 405a(a), 406(e), 406(h), or 554 of this title; or

(D) subparagraph (C) or (D)(ii) of subsection (a)(2) or subsection (b) apply with respect to the member or the member's dependents.

(2) This subsection does not apply in time of national emergency or in time of war.

(e) FIRST OR LAST DUTY.-A member is not entitled to payment of a dislocation allowance under this section when the member is ordered from the member's home to the member's first duty station or from the member's last duty station to the member's home.

(f) RULE OF CONSTRUCTION.-For purposes of this section, a member whose dependents may not make an authorized move in connection with a change of permanent station is considered a member without dependents.

(g) ADVANCE PAYMENT.-A dislocation allowance payable under this section may be paid in advance.

(As amended Pub. L. 104-106, div. A, title VI, § 624, Feb. 10, 1996, 110 Stat. 363; Pub. L. 104-201, div. A, title VI, §622(a), Sept. 23, 1996, 110 Stat. 2548; Pub. L. 105-85, div. A, title VI, §632(a), Nov. 18, 1997, 111 Stat. 1795.)

AMENDMENTS

1997-Pub. L. 105-85 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (f)

relating to dislocation allowances for members of the uniformed services.

1996 Subsec. (a). Pub. L. 104-201 substituted "two and one-half months" for "two months" in introductory provisions.

Pub. L. 104-106, § 624(b)(1), in concluding provisions, substituted "paragraph (3) or (4)(B)" for "clause (3) or (4)(B)" and "paragraph (1) or (5)” for “clause (1)".

Subsec. (a)(5). Pub. L. 104-106, § 624(a), added par. (5). Subsec. (b). Pub. L. 104-106, §624(b)(2), substituted "paragraph (3) or (4)(B) of subsection (a)" for "subsection (a)(3) or (a)(4)(B)" and "paragraph (1) or (5) of subsection (a)" for "subsection (a)(1)".

EFFECTIVE DATE OF 1997 AMENDMENT

Section 632(b) of Pub. L. 105-85 provided that: "The amendment made by subsection (a) [amending this section] shall take effect on January 1, 1998."

EFFECTIVE DATE OF 1996 AMENDMENT

Section 622(b) of Pub. L. 104-201 provided that: "The amendment made by subsection (a) [amending this section] shall take effect on January 1, 1997."

§ 409. Travel and transportation allowances: house trailers and mobile homes

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 406a, 411, 420, 554, 1003 of this title; title 5 section 4109; title 10 section 2013.

§411b. Travel and transportation allowances: travel performed in connection with leave between consecutive overseas tours

(a) [See main edition for text of (1)]

(2) Under the regulations referred to in paragraph (1), a member may defer the travel for which the member is paid travel and transportation allowances under such paragraph until not more than one year after the date on which the member begins the consecutive tour of duty at the same duty station or reports to another duty station under the order involved, as the case may be. If the member is unable to undertake the travel before the end of such one-year period as a result of duty in connection with a contingency operation, the member may defer the travel for one additional year beginning on the date the duty of the member in connection with the contingency operation ends.

[See main edition for text of (b)]

(As amended Pub. L. 104-201, div. A, title VI, § 623(a), Sept. 23, 1996, 110 Stat. 2548.)

AMENDMENTS

1996 Subsec. (a)(2). Pub. L. 104–201 inserted at end "If the member is unable to undertake the travel before the end of such one-year period as a result of duty in connection with a contingency operation, the member may defer the travel for one additional year beginning on the date the duty of the member in connection with the contingency operation ends."

EFFECTIVE DATE OF 1996 AMENDMENT Section 623(b) of Pub. L. 104-201 provided that: "The amendment made by subsection (a) [amending this section] shall take effect as of November 1, 1995."

8411c. Travel and transportation allowances:

travel performed in connection with rest and recuperative leave from certain stations in foreign countries

[See main edition for text of (a)]

(b) When the transportation authorized by subsection (a) is provided by the Secretary concerned, the Secretary may use Government or commercial carriers. The Secretary concerned may limit the amount of payments made to members under subsection (a).

(As amended Pub. L. 105-261, div. A, title VI, § 633(a), (b)(1), Oct. 17, 1998, 112 Stat. 2044.)

AMENDMENTS

1998-Pub. L. 105-261, §633(b)(1), substituted "rest and recuperative leave from certain stations" for "leave from certain stations" in section catchline.

Subsec. (b). Pub. L. 105-261, §633(a), added subsec. (b) and struck out former subsec. (b) which read as follows: "The transportation authorized by this section is lim-* ited to transportation of the member, and of each dependent of the member, for one round-trip during any tour of at least 24, but less than 36, consecutive months or two round-trips during any tour of at least 36 consecutive months."

§411d. Travel and transportation allowances: transportation incident to personal emergencies for certain members and dependents

[See main edition for text of (a)]

(b)(1) In the case of a member stationed outside the continental United States and the dependents of such a member, transportation under this section may be provided from the location of the member or dependents, at the time notification of the personal emergency is received, or the member's permanent duty station (and if the member's dependents reside at another overseas location and receive a station allowance, from that location)—

(A) to the international airport in the continental United States closest to the location from which the member and his dependents de.parted;

(B) to any airport in the continental United States to which travel can be arranged at the same or a lower cost as travel obtained under subparagraph (A); or

(C) to an airport in Alaska, Hawaii, the Commonwealth of Puerto Rico, any possession of the United States, or any other location outside the continental United States, as determined by the Secretary concerned.

[See main edition for text of (2) to (4); (c) and (d)] (As amended Pub. L. 106-65, div. A, title VI, § 633, Oct. 5, 1999, 113 Stat. 661.)

AMENDMENTS

1999 Subsec. (b)(1). Pub. L. 106-65 struck out "or" at end of subpar. (A), added subpar. (B), and redesignated former subpar. (B) as (C).

8417. Uniform allowance: officers; general provisions

[See main edition for text of (a) to (c)] (d)(1) For purposes of sections 415 and 416 of this title, a period for which an officer of an armed force, while employed as a National Guard technician, is required to wear a uniform under section 709(b) of title 32 shall be treated as a period of active duty (other than for training).

(2) A uniform allowance may not be paid, and uniforms may not be furnished, to an officer under section 1593 of title 10 or section 5901 of title 5 for a period of employment referred to in paragraph (1) for which an officer is paid a uniform allowance under section 415 or 416 of this title.

(As amended Pub. L. 104-106, div. A, title X, §1038(b), Feb. 10, 1996, 110 Stat. 432.)

AMENDMENTS

1996 Subsec. (d). Pub. L. 104-106 added subsec. (d). §418. Clothing allowance: enlisted members

(a) The President may prescribe the quantity and kind of clothing to be furnished annually to an enlisted member of the armed forces or the National Guard, and may prescribe the amount of a cash allowance to be paid to such a member if clothing is not so furnished to him.

(b) In determining the quantity and kind of clothing or allowances to be furnished pursuant to regulations prescribed under this section to persons employed as National Guard technicians under section 709 of title 32, the President shall take into account the requirement under subsection (b) of such section for such persons to wear a uniform.

(c) A uniform allowance may not be paid, and uniforms may not be furnished, under section 1593 of title 10 or section 5901 of title 5 to a person referred to in subsection (b) for a period of employment referred to in that subsection for which clothing is furnished or a uniform allowance is paid under this section.

(As amended Pub. L. 104-106, div. A, title X, §1038(c), Feb. 10, 1996, 110 Stat. 432; Pub. L. 104-201, div. A, title VI, §654, Sept. 23, 1996, 110 Stat. 2583.)

AMENDMENTS

1996-Pub. L. 104-106 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).

Subsec. (c). Pub. L. 104-201 substituted "for which clothing is furnished or a uniform allowance is paid under this section" for "for which a uniform allowance is paid under section 415 or 416 of this title".

§ 420. Allowances while participating in international sports

[See main edition for text of (a) and (b)]

(c) Notwithstanding any other law, a member of a uniformed service who has no dependents is not entitled to the basic allowances for subsistence and housing authorized by sections 402 and 403 of this title for a period during which he is subsisted and quartered by the agency sponsoring his participation in a competition covered by section 717 of title 10.

(As amended Pub. L. 105-85, div. A, title VI, § 603(d)(1)(C), Nov. 18, 1997, 111 Stat. 1782.)

AMENDMENTS

1997-Subsec. (c). Pub. L. 105-85 substituted "housing" for "quarters”.

EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105-85 effective Jan. 1, 1998, see section 603(e) of Pub. L. 105-85, set out as a note

under section 5561 of Title 5, Government Organization and Employees.

§ 421. Allowances: no increase while dependent is entitled to basic pay

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 403, 406b, 427 of this title.

§ 427. Family separation allowance

(a) ENTITLEMENT TO ALLOWANCE.-(1) In addition to any allowance or per diem to which he otherwise may be entitled under this title a member of a uniformed service with dependents is entitled to a monthly allowance equal to $100 if—

(A) the movement of his dependents to his permanent station or a place near that station is not authorized at the expense of the United States under section 406 of this title and his dependents do not reside at or near that station;

(B) he is on duty on board a ship away from the home port of the ship for a continuous period of more than 30 days; or

(C) he is on temporary duty away from his permanent station for a continuous period of more than 30 days and his dependents do not reside at or near his temporary duty station. (2) A member who becomes entitled to an allowance under this subsection by virtue of duty prescribed in subparagraph (B) or (C) of paragraph (1) for a continuous period of more than 30 days is entitled to the allowance effective as of the earlier of

(A) the first day of that period; or

(B) the first day the member ceased being entitled to a previous allowance under this subsection by reason of the end of duty prescribed in such subparagraphs, if the member ceased being entitled to the previous allowance within 30 days before the first day of that period.

(b) ENTITLEMENT WHEN NO RESIDENCE OR HOUSEHOLD MAINTAINED FOR DEPENDENTS.-An allowance is payable under subsection (a) even though the member does not maintain for his primary dependents who would otherwise normally reside with him, a residence or household, subject to his management and control, which he is likely to share with them as a common household when his duty assignment permits.

(c) EFFECT OF ELECTION TO SERVE UNACCOMPANIED TOUR OF DUTY.-A member who elects to serve a tour of duty unaccompanied by his dependents at a permanent station to which the movement of his dependents is authorized at the expense of the United States under section 406 of this title is not entitled to an allowance under subsection (a)(1)(A). The Secretary concerned may waive the preceding sentence in situations in which it would be inequitable to deny the allowance to the member because of unusual family or operational circumstances.

(d) ENTITLEMENT WHILE SPOUSE ENTITLED TO BASIC PAY.-A member married to another member of the uniformed services becomes entitled, regardless of any other dependency status,

to an allowance under subsection (a) by virtue of duty prescribed in subparagraph (A), (B), or (C) of paragraph (1) of such subsection if the members were residing together immediately before being separated by reasons of execution of military orders. Section 421 of this title does not apply to bar the entitlement to an allowance under this section. However, not more than one monthly allowance may be paid with respect to a married couple under this section.

(As amended Pub. L. 104-106, div. A, title VI, § 606, Feb. 10, 1996, 110 Stat. 358; Pub. L. 104-201, div. A, title VI, § 607, Sept. 23, 1996, 110 Stat. 2542; Pub. L. 105-85, div. A, title VI, §§ 603(c)(3), 626, Nov. 18, 1997, 111 Stat. 1781, 1795.)

AMENDMENTS

1997-Subsec. (a). Pub. L. 105–85, § 603(c)(3)(B)(i), redesignated subsec. (b)(1), (2) as subsec. (a)(1), (2), respectively, and inserted subsec. heading.

Pub. L. 105-85, § 603(c)(3)(A), struck out heading and text of subsec. (a). Text read as follows: "In addition to any allowance or per diem to which he otherwise may be entitled under this title, a member of a uniformed service with dependents who is on permanent duty outside of the United States, or in Alaska, is entitled to a monthly allowance equal to the basic allowance for quarters payable to a member without dependents in the same pay grade if—

"(1) the movement of his dependents to his permanent station or a place near that station is not authorized at the expense of the United States under section 406 of this title and his dependents do not reside at or near that station; and

“(2) quarters of the United States or a housing facility under the jurisdiction of a uniformed service are not available for assignment to him." Subsec. (a)(1). Pub. L. 105-85, § 626, substituted "$100" for "$75" in introductory provisions.

Pub. L. 105-85, §603(c)(3)(B)(ii), struck out ", including subsection (a)," after "under this title" in introductory provisions, inserted "or" at end of subpar. (B), substituted "station." for "station; or" at end of subpar. (C), and struck out subpar. (D) which read as follows: "the member is married to a member of a uniformed service, the member has no dependent other than the spouse, the two members are separated by reason of the execution of military orders, and the two members were residing together immediately before being separated by reason of execution of military orders."

Subsec. (b). Pub. L. 105-85, §603(c)(3)(B)(iii), redesignated subsec. (b)(3) as subsec. (b), inserted heading, and substituted "subsection (a)" for "this subsection". Former subsec. (b)(1), (2), and (4) redesignated subsecs. (a)(1), (2), and (c), respectively.

Subsec. (b)(5). Pub. L. 105–85, § 603(c)(3)(B)(v), struck out par. (5) which read as follows: "Section 421 of this title does not apply to bar an entitlement to an allowance under paragraph (1)(D). However, not more than one monthly allowance may be paid with respect to a married couple under paragraph (1)(D) for any month." Subsec. (c). Pub. L. 105-85, § 603(c)(3)(B)(iv), redesignated subsec. (b)(4) as subsec. (c), inserted heading, and substituted "subsection (a)(1)(A)” for “paragraph (1)(A) of this subsection".

Subsec. (d). Pub. L. 105-85, § 603(c)(3)(B)(v), added subsec. (d).

1996 Subsec. (b)(1)(D). Pub. L. 104-201, §607(a), added subpar. (D).

Subsec. (b)(4). Pub. L. 104-106 inserted "paragraph (1)(A) of" after "not entitled to an allowance under". Subsec. (b)(5). Pub. L. 104–201, § 607(b), added par. (5).

EFFECTIVE DATE OF 1997 AMENDMENT Amendment by section 603(c)(3) of Pub. L. 105-85 effective Jan. 1, 1998, see section 603(e) of Pub. L. 105-85,

set out as a note under section 5561 of Title 5, Government Organization and Employees.

§ 430. Travel and transportation: dependent children of members stationed overseas

[See main edition for text of (a)]

(b)(1) A member described in subsection (a) may be paid a transportation allowance for each unmarried dependent child, who is under 23 years of age and is attending a school in the continental United States for the purpose of obtaining a secondary or undergraduate college education, of one annual trip between the school being attended and the member's duty station outside the continental United States and return. The allowance authorized by this section may be transportation in kind or reimbursement therefor, as prescribed by the Secretaries concerned. However, the transportation authorized by this section may not be paid a member for a child attending a school in the continental United States for the purpose of obtaining a secondary education if the child is eligible to attend a secondary school for dependents that is located at or in the vicinity of the duty station of the member and is operated under the Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et seq.).

(2) At the option of the member, in lieu of the transportation of baggage of a dependent child under paragraph (1) from the dependent's school in the continental United States, the Secretary concerned may pay or reimburse the member for costs incurred to store the baggage at or in the vicinity of the school during the dependent's annual trip between the school and the member's duty station. The amount of the payment or reimbursement may not exceed the cost that the Government would incur to transport the baggage.

[See main edition for text of (c) to (f)]

(As amended Pub. L. 105–261, div. A, title VI, § 634, Oct. 17, 1998, 112 Stat. 2044.)

REFERENCES IN TEXT

The Defense Dependents' Education Act of 1978, referred to in subsec. (b)(1), is title XIV of Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2365, as amended, which is classified principally to chapter 25A (§921 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 921 of Title 20 and Tables.

AMENDMENTS

1998 Subsec. (b). Pub. L. 105-261 designated existing provisions as par. (1) and added par. (2).

§ 431. Benefits for certain members assigned to the Defense Intelligence Agency

(a) The Secretary of Defense may provide to members of the armed forces described in subsection (e) allowances and benefits comparable to those provided by the Secretary of State to officers and employees of the Foreign Service under paragraphs (2), (3), (4), (6), (7), (8), and (13) of section 901 and sections 705 and 903 of the Foreign Service Act of 1980 (22 U.S.C. 4081(2), (3), (4), (6), (7), (8), and (13), 4025, 4083) and under section 5924(4) of title 5.