United States Code

(d) Nothing in this section shall alter or modify the obligation of a regular officer to perform active service at the pleasure of the President. Completion of the additional period of four years' active service under this section shall in no way obligate the President to accept a resignation submitted by a regular officer at the end of the four-year period.

(e) The provisions of this section shall be effective only in the case of officers who, on or before June 30, 1975, execute the required written agreement to remain in active service. (As amended Pub. L. 92-581, § 1(1), (2), Oct. 27, 1972, 86 Stat. 1277.)

AMENDMENTS

1972-Pub. L. 92–581, § 1(1), struck out "submarine" in the section catchline.

Subsec. (a) (2). Pub. L. 92–581, § 1(2) (A), struck out cl. (2) which referred to officers of the naval service currently designated "qualified in submarines".

Subsec. (a) (5). Pub. L. 92–581, § 1(2)(B), substituted "on active duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants", for "in active submarine service".

Subsec. (c). Pub. L. 92-581, § 1(2) (C), substituted "duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants", for "submarine service".

Subsec. (d). Pub. L. 92-581, § 1(2) (D), struck out "submarine".

Subsec. (e). Pub. L. 92-581, § 1(2)(E), substituted "1975" for "1973".

§ 312a. Special pay: nuclear-trained and qualified enlisted members.

(a) Under regulations prescribed by the Secretary of Defense, an enlisted member of the naval service who

(1) is entitled to basic pay;

(2) is currently qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; and

(3) has completed at least six, but not more than ten, years of active duty and executes, when eligible, a reenlistment agreement for not less than two years;

may upon acceptance of the reenlistment agreement by the Secretary of the Navy or his designee, be paid a bonus not to exceed six months of the basic pay to which he was entitled at the time of his discharge or release, multiplied by the number of years or the monthly fractions thereof of additional obligated service, not to exceed six years, or $15,000, whichever is the lesser amount.

(b) Bonus payments authorized under this section may be paid in either a lump sum or in installments.

(c) An amount paid to a member under subsection (a) of this section is in addition to all other compensation to which he is entitled and does not count against the limitation prescribed by section 308 (c) of this title concerning the total amount of reenlistment bonus that may be paid. However, if he receives payment under this section, he is not entitled to any further payments under section 308(g) of this title. (d) Under regulations prescribed by the Secretary of the Navy, refunds, on a pro rata basis, of sums paid under subsection (a) of this section may be required, and further payments terminated, if the member who has received the payment fails to complete his reenlistment contract or fails to maintain his technical qualification for duty in connection

(2) his unmarried child (including any of the following categories of children if such child is in fact dependent on the member: a stepchild; an adopted child; or an illegitimate child whose alleged member-father has been judically decreed to be the father of the child or judicially ordered to contribute to the child's support, or whose parentage has been admitted in writing by the member) who either

(A) is under 21 years of age; or

(B) is incapable of self-support because of a mental or physical incapacity, and in fact dependent on the member for over one-half of his support; and

(3) his parent (including a stepparent or parent by adoption, and any person, including a former stepparent, who has stood in loco parentis to the member at any time for a continuous period of at least five years before the member became 21 years of age) who is in fact dependent on the member for over one-half of his support; however, the dependency of such a parent is determined on the basis of an affidavit submitted by the parent, and any other evidence required under regulations prescribed by the Secretary concerned, and he is not considered a dependent of the member claiming the dependence unless

(A) the member has provided over one-half of his support for the period prescribed by the Secretary concerned; or

(B) due to changed circumstances arising after the member enters on active duty, he becomes in fact dependent on the member for over one-half of his support.

For the purposes of this section, the relationship between a stepparent and his stepchild is terminated by the stepparent's divorce from the parent by blood. (As amended Pub. L. 93-64, title I, §§ 103, 104, July 9, 1973, 87 Stat. 148.)

20-347 0-74-vol. 2-21

AMENDMENTS 1973-Cl. (2). Pub. L. 93-64, § 103(1), in revising cl. (1) of first sentence, substituted "unmarried child" for "unmarried legitimate child" and defined dependent to include an illegitimate child whose alleged member-father has been judicially decreed to be the father of the child or judicially ordered to contribute to the child's support, or whose parentage has been admitted in writing by the member.

Cl. (3). Pub. L. 93-64, § 104, in revising cl. (3) of first sentence, substituted "five years before the member became 21 years" for "five years before he became 21 years", struck out requirement of actual residence of parent in the member's household, and added provision respecting determination of dependency of parent, including items (A) and (B), formerly contained in former section 2201 of Appendix to Title 50, War and National Defense.

Closing text. Pub. L. 93-64, § 103 (2), struck out second sentence, following cl. (3) of first sentence, stating that a person is not a dependent of a female member unless he is in fact dependent on her for over one-half of his support.

EFFECTIVE DATE OF 1973 AMENDMENT

Section 206 of Pub. L. 93-64 provided that: "This Act [enacting section 1173 of Title 10, amending sections 302, 302a, 303, 308 (a), (c), 401, and 403 of this title, and repealing sections 2210-2212 of Title 50, Appendix] shall become effective July 1, 1973."

§ 403. Basic allowance for quarters.

(a) Except as otherwise provided by this section or by another law, a member of a uniformed service who is entitled to basic pay is entitled to a basic allowance for quarters at the following monthly rates according to the pay grade in which he is assigned or distributed for basic pay purposes:

(h) The Secretary concerned, or his designee, may make any determination necessary to administer this section with regard to enlisted members, including determinations of dependency and relationship, and may, when warranted by the circumstances, reconsider and change or modify any such determination. This authority may be redelegated by the Secretary concerned or his designee. Any determination made under this section with regard to enlisted members is final and is not subject to review by any accounting officer of the United States or a court, unless there is fraud or gross negligence.

(i) Notwithstanding any other provision of law, the basic allowance for quarters to which an enlisted member may be entitled as a member with dependents shall not, for such period as the Secretary concerned may prescribe, be contingent on the right of such member to receive pay.

(j) The President may prescribe regulations for the administration of this section, including definitions of the words "field duty" and "sea duty". (As amended Pub. L. 92-129, title II, § 204, Sept. 28, 1971, 85 Stat. 358; Pub. L. 93-64, title I, § 105, July 9, 1973, 87 Stat. 148.)

E-4 (4 years' or less service)

45.00

(b) Except as otherwise provided by law, a member of a uniformed service who is assigned to quarters of the United States or a housing facility under the jurisdiction of a uniformed service, appropriate to his grade, rank, or rating and adequate for himself, and his dependents, if with dependents, is not entitled to a basic allowance for quarters. However, except as provided by regulations prescribed under subsection (j) of this section, a commissioned officer without dependents who is in a pay grade above pay grade O-3 and who is assigned to quarters of the United States or a housing facility under the jurisdiction of a uniformed service, appropriate to his grade or rank and adequate for himself, may elect not to occupy those quarters and instead to receive the basic allowance for quarters prescribed for his pay grade by this section.

(g) An aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard is entitled to the same basic allowance for quarters as a member of the uniformed services in pay grade E-4.

and deleted sentence reading "A member in pay grade E-4 (less than four years' service), E-3, E-2, or E-1 is considered at all times to be without dependents." Subsec. (b). Pub. L. 93-64, § 105(3), substituted in second sentence reference to subsection “(J)" for “(g)".

Subsec. (g). Pub. L. 93-64, § 105(4), added subsec. (g). Former subsec. (g) redesignated (J).

Subsec. (h), (1). Pub. L. 93–64, § 105(4), added subsecs. (h) and (1).

Subsec. (1). Pub. L. 93-64, § 105(5), redesignated former subsec. (g) as (1).

1971-Subsec. (a). Pub. L. 92–129 increased the quarters allowances as shown on the table. Prior to this amendment the table was set out as follows:

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.

§ 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 unusued 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 (1.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.

AMENDMENTS

1972-Subsec. (d). Pub. L. 92-596, § 2(1), added reference to accumulated leave under subsection (h) of this section.

Subsec. (h). Pub. L. 92-596, § 2(2), added subsec. (h). EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-596 effective Feb. 28, 1961, see section 3 of Pub. L. 92-596, set out as a note under section 701 of Title 10, Armed Forces.

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 title 10 section 701. $$ 502, 503.

TRANSFER OF FUNCTIONS

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

Chapter 10.-PAYMENTS TO MISSING PERSONS Sec. 554. Travel and transportation; dependents; household and personal effects; trailers; additional movements; motor vehicles; sale of bulky items; claims for proceeds; appropriation chargeable.

AMENDMENTS

1972-Pub. L. 92-477, § 1(1), Oct. 9, 1972, 86 Stat. 793, inserted in item 554 reference to "trailers; additional movements;" following "household and personal effects;".

§ 551. Definitions.

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 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.

§ 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.

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