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REDUCTION IN PAY PROHIBITED

Amendment of this section by Pub. L. 92-129 not to reduce the pay to which any member of the uniformed services was entitled on June 30, 1971, see section 210 of Pub. L. 92-129, set out as a note under section 203 of this title.

§ 404. Travel and transportation allowances: general. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 411b of this title. § 405a. Travel and transportation allowances: evacuation allowances.

EFFECTIVE DATE

Section 2 of Pub. L. 89-26, as amended by section 1 of Pub. L. 89-608, Sept. 30, 1966, 80 Stat. 851, and Pub. L. 92-176, Dec. 2, 1971, 85 Stat. 494, provided that: "This Act [enacting this section and amending sections 407, 411, and 1006 of this title] becomes effective on February 1, 1965."

§ 406b. Travel and transportation allowances: members of the Uniformed Services attached to a ship overhauling or inactivating away from home port. Under regulations prescribed by the Secretary concerned, a member of the Uniformed Services who is on permanent duty aboard a ship which is being overhauled or inactivated away from its home port and whose dependents are residing at the home port of the ship is entitled to transportation, transportation in kind reimbursement for personally procured transportation, or an allowance for transportation as provided in section 404(d) (3) of this chapter for round trip travel from the port of overhaul or inactivation to the home port on or after the thirtyfirst, ninety-first, and one hundred and fifty-first calendar day after the date on which the ship enters the overhaul or inactivation port or after the date on which the member becomes permanently attached to the ship, whichever date is later: Provided, however, That in no event shall the amount of reimbursement for personally procured transportation or allowance for transportation exceed the cost of Government-procured commercial round trip air travel. (As amended Pub. L. 93-170, Nov. 29, 1973, 87 Stat. 689.)

AMENDMENTS

1973-Pub. L. 93-170 substituted "overhauling or inactivating" for "overhauling" in the section catchline, and "overhauled or inactivated" and "overhaul or inactivation" for "overhauled" and "overhaul" respectively, wherever appearing.

§ 407. Travel and transportation allowances: dislocation allowance.

EFFECTIVE DATE of 1965 AMENDMENT Amendment by Pub. L. 89-26 effective Feb. 1, 1965, see section 2 of Pub. L. 89-26, as amended by section 1 of Pub. L. 89-608, Sept. 30, 1966, 80 Stat. 851, and Pub. L. 92-176, Dec. 2, 1971, 85 Stat. 494, set out as a note under section 405a of this title.

§ 409. Travel and transportation allowances: trailers. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 554 of this title. § 411. Travel and transportation allowances: administrative provisions.

EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89-26 effective Feb. 1, 1965, see section 2 of Pub. L. 89-26, as amended by section 1 of Pub. L. 89-608, Sept. 30, 1966, 80 Stat. 851, and Pub. L. 92-176, Dec. 2, 1971, 85 Stat. 494, set out as a note under section 405a of this title.

§ 411b. Travel and transportation allowances: travel performed in connection with certain leave.

(a) Under uniform regulations prescribed by the Secretaries concerned, a member of a uniformed service stationed outside the forty-eight contiguous States and the District of Columbia who is ordered to make a change of permanent station to another duty station outside the forty-eight contiguous States and the District of Columbia may be paid travel and transportation allowances in connection with authorized leave from his last duty station to a place approved by the Secretary concerned, or his designee, or to a place no farther distant than his home of record if he is a member without dependents, and from that place to his designated post of duty, if either his last duty station or his designated post of duty is a restricted area in which dependents are not authorized.

(b) The allowances prescribed under this section may not exceed the rate authorized under section 404(d) of this title. Authorized travel under this section is performed in a duty status. (Added Pub. L. 93-213, § 1(1), Dec. 28, 1973, 87 Stat. 910.)

§ 428. Allowance for recruiting expenses.

In addition to other pay or allowances authorized by law, and under uniform regulations prescribed by the Secretaries concerned, a member who is assigned to recruiting duties for his armed force may be reimbursed for actual and necessary expenses incurred in connection with those duties. (Added Pub. L. 92-129, title II, § 205(a), Sept. 28, 1971, 85 Stat. 359.)

EFFECTIVE DATE

Section effective Oct. 1, 1971, see section 209 of Pub. L. 92-129, set out as a note under section 302a of this title. REDUCTION IN PAY PROHIBITED

Enactment of this section not to reduce the pay to which any member of the uniformed services was entitled on June 30, 1971, see section 210 of Pub. L. 92-129, set out as a note under section 203 of this title.

Chapter 9.-LEAVE

§ 501. Payments for unused accrued leave.

(d) Payments for unused accrued leave under subsections (b) and (g) of this section and for accumulated leave under subsection (h) of this section, in the case of a member who dies while on active duty or in the case of a member or former member who dies after retirement or discharge and before he receives that payment, shall be made in accordance with section 2771 of title 10. In the case of a member who dies while on active duty, payment for unused accrued leave under subsections (b) and (g) of this section shall be based upon the unused accrued leave the member carried forward into the leave year during which he died plus the unusued1 leave that accrued to him during that leave year. However, the number of days upon which the payment is based may not be more than 60.

1 So in original.

(h) Payment shall be made for all leave accumulated under section 701(g) of title 10 as soon as possible after the name of the person concerned is removed from a missing status, as defined in section 551(2) of this title.

(As amended Pub. L. 92-596, § 2, Oct. 27, 1972, 86 Stat. 1318.)

CODIFICATION

Subsection (a) (2), (3), and (4) purports to define "child", "parent", and "brother or sister", as used in subsection (d). However, subsection (d) was restated by Pub. L. 89-151 and, as restated, contains a new order of precedence in the payment of accrued leave (i.e., 10 U.S.C. 2771). That new order of precedence is different for the order it replaced. As a result, the definitions contained in subsection (a) (2), (3), and (4) have no area of operation, and probably should have been repealed by Pub. L. 89-151.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 501 of this title; title 10 sections 701, 4342, 6954, 9342; title 26 section 112; title 50 App. section 591.

§ 552. Pay and allowances; continuance while in a missing status; limitations.

(a) A member of a uniformed service who is on active duty or performing inactive-duty training, and who is in a missing status, is

(1) for the period he is in that status, entitled to receive or have credited to his account the same pay and allowances, as defined in this chapter, to which he was entitled at the beginning of that period or may thereafter become entitled; and

(2) for the period, not to exceed one year, required for his hospitalization and rehabilitation

after termination of that status, under regulations prescribed by the Secretaries concerned, with respect to incentive pay, considered to have satisfied the requirements of section 301 of this title so as to entitle him to a continuance of that pay. However, a member who is performing full-time training duty or other full-time duty without pay, or inactive-duty training with or without pay, is entitled to the pay and allowances to which he would have been entitled if he had been on active duty with pay. Notwithstanding section 1523 of title 10 or any other provision of law, the promotion of a member while he is in a missing status is fully effective for all purposes, even though the Secretary concerned determines under section 556(b) of this title that the member died before the promotion was made.

*

(As amended Pub. L. 92-169, § 1, Nov. 24, 1971, 85 Stat. 489; Pub. L. 92-482, Oct. 12, 1972, 86 Stat. 796; Pub. L. 93-26, § 1, Apr. 27, 1973, 87 Stat. 26.)

AMENDMENTS

1973-Subsec. (a). Pub. L. 93-26 provided for full effectiveness for all purposes of promotion of a member while he is in a missing status notwithstanding a determination of the Secretary of death of the member before the making of the promotion.

1972 Subsec. (a). Pub. L. 92-482 designated existing provisions as cl. (1), added cl. (2), and struck out provisions relating to the effectiveness of the promotion of a member of the uniformed services while he is in a missing status and the Secretary concerned determines under section 556(b) of this title that the member died before the promotion was made.

1971-Subsec. (a). Pub. L. 92-169 provided that the promotion of a member of the uniformed services while he is in a missing status is fully effective for all purposes even though the Secretary concerned determines that the member died before the promotion was made. EFFECTIVE DATE OF 1973 AMENDMENT

Section 2 of Pub. L. 93-26 provided that: "For the purposes of chapter 13 of title 38, United States Code, this Act [amending subsec. (a) of this section] becomes effective as of November 24, 1971. For all other purposes this Act [amending subsec. (a) of this section] becomes effective as of February 28, 1961."

EFFECTIVE DATE OF 1971 AMENDMENT Amendment, by Pub. L. 92-169 effective for the purposes of Chapter 13 of Title 38, Veterans' Benefits, on Nov. 24, 1971 and for all other purposes effective as of Feb. 28, 1961, see section 3 of Pub. L. 92-169, set out as a note under section 402 of Title 38, Veterans' Benefits.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 501 of this title; title 26 section 112.

§ 554. 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, one privately owned motor vehicle 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 409 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) of this subsection, that transportation may include one privately owned motor vehicle 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, or absent for a period of more than 29 days in a missing status

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.

(As amended Pub. L. 92-477, § 1, Oct. 9, 1972, 86 Stat. 793.)

AMENDMENTS

1972-Pub. L. 92-477, § 1(1), inserted in the section catchline reference to "trailers; additional movements;" following "household and personal effects;".

Subsec. (a). Pub. L. 92-477, § 1(2), authorized at Government expense without cost limitation and under pre

scribed 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 add!tional 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.

§ 555. Secretarial review.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 701.

§ 556. Secretarial determinations.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 552 of this title; title 10 section 701.

Chapter 13.-ALLOTMENTS AND ASSIGNMENTS

OF PAY

§ 706. Commissioned officers of Environmental Science Services Administration.

TRANSFER OF FUNCTIONS

The effective date of Reorg. Plan No. 4 of 1970, referred to in the note under this section in the 1970 ed. of the Code, is Oct. 3, 1970, and not Oct. 30, 1970, as shown therein.

Chapter 15.—PROHIBITIONS AND PENALTIES § 801. Restriction on payment to certain officers. TRANSFER OF FUNCTIONS

The effective date of Reorg. Plan No. 4 of 1970, referred to in the note under this section in the 1970 ed. of the Code, is Oct. 3, 1970, and not Oct. 30, 1970, as shown therein.

Chapter 19.-ADMINISTRATION

§ 1001. Regulations relating to pay and allowances.

TRANSFER OF FUNCTIONS

The effective date of Reorg. Plan No. 4 of 1970, referred to in the note under this section in the 1970 ed. of the Code, is Oct. 3, 1970, and not Oct. 30, 1970, as shown therein.

§ 1006. Advance payments.

EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89-26, effective Feb. 1, 1965, see section 2 of Pub. L. 89-26, as amended by section 1 of Pub. L. 89-608, Sept. 30, 1966, 80 Stat. 851, and Pub. L. 92-176, Dec. 2, 1971, 85 Stat. 494, set out as a note under section 405a of this title.

Chap.

TITLE 38.—VETERANS' BENEFITS

This title was enacted by Pub. L. 85–857, Sept. 2, 1958, § 1, 72 Stat. 1105

PART II.-GENERAL BENEFITS

24. National Cemeteries and Memorials.....

Sec.

1000

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and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran's household or was a member at the time of the veteran's death, or an illegitimate child but, as to the alleged father, only if acknowledged in writing signed by him, or if he has been judicially ordered to contribute to the child's support or has been, before his death, judicially decreed to be the father of such child, or if he is otherwise shown by evidence satisfactory to the Administrator to be the father of such child. A person shall be deemed, as

1 Item has been editorially inserted. Chapter 82 was added by Pub. L. 92-541 without a conforming insertion into this analysis of chapters.

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of the date of death of a veteran, to be the legally adopted child of such veteran if such person was at the time of the veteran's death living in the veteran's household and was legally adopted by the veteran's surviving spouse within two years after the veteran's death or the date of enactment of this sentence; however, this sentence shall not apply if at the time of the veteran's death, such person was receiving regular contributions toward his support from some individual other than the veteran or his spouse, or from any public or private welfare organization which furnishes services or assistance for children. A person with respect to whom an interlocutory decree of adoption has been issued by an appropriate adoption authority shall be recognized thereafter as a legally adopted child, unless and until that decree is rescinded, if the child remains in the custody of the adopting parent or parents during the interlocutory period. A person who has been placed for adoption under an agreement entered into by the adopting parent or parents with any agency authorized under law to so act shall be recognized thereafter as a legally adopted child, unless and until such agreement is terminated, if the child remains in the custody of the adopting parent or parents during the period of placement for adoption under such agreement.

(30) The term "Mexican border period" means the period beginning on May 9, 1916, and ending on April 5, 1917, in the case of a veteran who during such period served in Mexico, on the borders thereof, or in the water adjacent thereto. (As amended Pub. L. 92-198, § 5(a), Dec. 15, 1971, 85 Stat. 664; Pub. L. 92-540, title IV, § 407, Oct. 24, 1972, 86 Stat. 1092.)

AMENDMENTS

1972-Par. (4). Pub. L. 92-540 added provision recognizing as a legally adopted child a person who has been placed for adoption under an agreement entered into by the adopting parent or parents with an agency authorized by law to so act.

1971-Par. (30). Pub. L. 92-198 struck out the service requirement of 90 days or more.

EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-198 effective Jan. 1, 1972, see section 6 of Pub. L. 92-198, set out as a note under section 521 of this title.

TRANSFER OF FUNCTIONS

The effective date of Reorg. Plan No. 4 of 1970, referred to in the note under this section in the 1970 ed. of the Code, is Oct. 3, 1970, and not Oct. 30, 1970, as shown therein.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 302, 2013, 3102 of this title; title 20 section 1087dd; title 50 App. section 591.

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