§ 405a. — Travel and transportation allowances: departure allowances.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC405a]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7--ALLOWANCES
Sec. 405a. Travel and transportation allowances: departure
allowances
(a) Under regulations prescribed by the Secretaries concerned, when
dependents of members of the uniformed services are authorized or
ordered to depart by competent authority, they may be authorized such
allowances as the Secretary concerned determines necessary to offset the
expenses incident to the departure. Allowances authorized by this
section are in addition to those authorized by any other section of this
title. Such allowances may be paid in advance. For the purposes of this
section, a dependent ``authorized or ordered to depart by competent
authority'' includes--
(1) a dependent who is present at or in the vicinity of the
member's duty station when the departure of dependents is authorized
or ordered by competent authority and who actually moved to an
authorized safe haven designated by that authority, whether such
safe haven is at or in the vicinity of the member's duty station or
elsewhere;
(2) a dependent who resides at or in the vicinity of a former
duty station of the member following the assignment of the member
elsewhere or who resides at or in the vicinity of a duty station
(other than the duty station of the member) incident to orders in
connection with an unaccompanied tour of duty of the member, if a
departure of dependents is authorized or ordered by competent
authority from the duty station at which or in the vicinity of which
the dependent resides and the dependent actually moves to an
authorized safe haven designated by that authority;
(3) a dependent who established a household at or in the
vicinity of the member's duty station but who is temporarily absent
therefrom for any reason when departure of dependents is authorized
or ordered by competent authority; and
(4) a dependent who was authorized to join the member and who
departed from his former place of residence incident to joining the
member but who, as a result of the departure of dependents, is
diverted to a safe haven designated by competent authority or is
authorized to travel to a place the dependent may designate, even
though he was in the United States when the departure was authorized
or ordered.
(b)(1) Under regulations prescribed by the Secretaries concerned,
each member whose dependents are covered by subsection (a) is entitled
to have 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,
transported at the expense of the United States to a designated place
for the use of the dependents. When the dependents are permitted to
rejoin the member, the vehicle may be transported at the expense of the
United States to his permanent duty station.
(2) If a motor vehicle of a member (or a dependent of the member)
that is transported at the expense of the United States under paragraph
(1) 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).
(Added Pub. L. 89-26, Sec. 1(1), May 22, 1965, 79 Stat. 116; amended
Pub. L. 89-608, Sec. 2, Sept. 30, 1966, 80 Stat. 851; Pub. L. 96-465,
title II, Sec. 2303(e), Oct. 17, 1980, 94 Stat. 2165; Pub. L. 97-60,
title I, Secs. 121(c), 123, Oct. 14, 1981, 95 Stat. 1002, 1003; Pub. L.
99-661, div. A, title XIII, Sec. 1343(b)(3), Nov. 14, 1986, 100 Stat.
3995; Pub. L. 102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105
Stat. 117; Pub. L. 102-484, div. A, title VI, Sec. 625(b)(1), Oct. 23,
1992, 106 Stat. 2424; Pub. L. 104-106, div. A, title VI, Sec. 622(a),
Feb. 10, 1996, 110 Stat. 363; Pub. L. 105-261, div. A, title VI,
Sec. 653(c), Oct. 17, 1998, 112 Stat. 2052.)
Amendments
1998--Subsec. (b). Pub. L. 105-261 designated existing provisions as
par. (1) and added par. (2).
1996--Subsec. (a). Pub. L. 104-106 substituted ``authorized or
ordered'' for ``ordered'' wherever appearing.
1992--Subsec. (a)(2) to (4). Pub. L. 102-484 added par. (2) and
redesignated former pars. (2) and (3) as (3) and (4), respectively.
1991--Subsec. (b). Pub. L. 102-25 struck out ``of this section''
after ``subsection (a)''.
1986--Pub. L. 99-661 substituted ``departure'' for ``evacuation'' in
section catchline.
1981--Subsec. (a). Pub. L. 97-60, Sec. 123, inserted provision
authorizing the payment of allowances in advance.
Subsec. (b). Pub. L. 97-60, Sec. 121(c), 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 him and for his
personal use, or the use of the dependents,''.
1980--Subsec. (a). Pub. L. 96-465 substituted ``to depart'' and
``departure'' for ``evacuated'' and ``evacuation'', respectively,
wherever appearing.
1966--Subsec. (a). Pub. L. 89-608 struck out provision requiring
that to qualify for allowances the evacuated dependents have been
evacuated from places outside the United States to places inside the
United States.
Effective Date of 1998 Amendment
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.
Effective Date of 1996 Amendment
Section 622(b) of Pub. L. 104-106 provided that: ``The amendment
made by subsection (a) [amending this section] shall apply with respect
to persons authorized or ordered to depart as described in section
405a(a) of title 37, United States Code, on or after October 1, 1995.''
Effective Date of 1992 Amendment
Section 625(b)(2) of Pub. L. 102-484 provided that: ``The amendments
made by paragraph (1) [amending this section] shall take effect as of
August 23, 1992, and shall apply with respect to any evacuation ordered
by competent military authority on or after that date.''
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-60 effective Nov. 1, 1981, to apply to
members who are separated from the service or released from active duty
on or after Nov. 1, 1981, 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. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an
Effective Date note under section 3901 of Title 22, Foreign Relations
and Intercourse.
Effective Date
Section 2 of Pub. L. 89-26, as amended by Pub. L. 89-608, Sec. 1,
Sept. 30, 1966, 80 Stat. 851; 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.''
Section Referred to in Other Sections
This section is referred to in sections 407, 411, 420, 1003, 1006 of
this title.
