§ 409. — Travel and transportation allowances: house trailers and mobile homes.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC409]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7--ALLOWANCES
Sec. 409. Travel and transportation allowances: house trailers
and mobile homes
(a)(1) A member, or in the case of a member's death, the member's
dependent, who would otherwise be entitled to transportation of baggage
and household effects under section 406 of this title, may be provided
transportation of a house trailer or mobile home dwelling within the
continental United States, within Alaska, or between the continental
United States and Alaska (or reimbursement for such transportation), if
the house trailer or mobile home dwelling is intended for use as a
residence by such member or dependent. Such transportation may be
limited to such modes and maximum costs as may be prescribed by
regulations under subsection (d).
(2) Except as provided in subsection (c), transportation of a house
trailer or mobile home dwelling under paragraph (1) is in place of the
transportation of baggage and household effects the member or member's
dependent would otherwise be entitled to have provided.
(3) The cost of transportation of a house trailer or mobile home
dwelling under paragraph (1) may not be more than the total cost of
transportation (including packing, pick-up, line-haul or drayage,
delivery, and unpacking) of baggage and household effects of the member
or dependent having the maximum weight authorized for the member or
dependent under regulations prescribed by the Secretary concerned.
(4) A house trailer or mobile home dwelling in transit under this
section may be stored up to 180 days in accordance with regulations
prescribed by the Secretary concerned.
(b) Any payment authorized by this section may be made in advance of
the transportation concerned.
(c) A member or member's dependent who is entitled to the
transportation of baggage or household effects from a place inside the
continental United States or Alaska to a place outside the continental
United States or Alaska, or from a place outside the continental United
States or Alaska to a place inside the continental United States or
Alaska, may be provided the transportation of a house trailer or mobile
dwelling under this section, but the total cost to the Government of the
transportation of baggage and household effects and the transport of a
house trailer or mobile home dwelling may not exceed the cost of
transporting baggage and household effects of the member or dependent
having the maximum weight authorized for the member or dependent under
regulations prescribed by the Secretary concerned.
(d) The Secretaries concerned shall prescribe regulations to carry
out this section.
(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 475; Pub. L. 88-406, Aug. 7,
1964, 78 Stat. 383; Pub. L. 89-718, Secs. 61, 62, Nov. 2, 1966, 80 Stat.
1123; Pub. L. 90-246, Jan. 2, 1968, 81 Stat. 782; Pub. L. 96-342, title
VIII, Sec. 808(a)(1), Sept. 8, 1980, 94 Stat. 1096; Pub. L. 100-26,
Sec. 8(e)(6), Apr. 21, 1987, 101 Stat. 286; Pub. L. 102-25, title VII,
Sec. 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 107-314,
div. A, title VI, Sec. 654(b)(3), Dec. 2, 2002, 116 Stat. 2582.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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409................................... 37:253(c) (12th sentence). Oct. 12, 1949, ch. 681, Sec.
303(c) (12th sentence); added Mar.
31, 1955, ch. 20, Sec. 2(13), 69
Stat. 22; Mar. 17, 1958, Pub. L.
85-347, 72 Stat. 37; restated Oct.
4, 1961, Pub. L. 87-374, 75 Stat.
804.
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The words ``the United States, except in Hawaii or Alaska,'' are
substituted for the words ``the continental United States'' to conform
to the definition of United States in section 101(1) of this revised
title and to reflect the opinion of the Comptroller General in B-139624,
June 29, 1959, that Alaska was not included within those words. The
words ``an agent of the United States'' are substituted for the words
``the Government'', for clarity. The words ``United States'' are
substituted for the word ``Government''. The words ``of the uniformed
services'' are omitted as surplusage in view of the definition of member
in section 101(23) of this revised title.
Amendments
2002--Subsec. (e). Pub. L. 107-314 struck out subsec. (e) which read
as follows: ``In this section, the term `continental United States'
means the 48 contiguous States and the District of Columbia.''
1991--Subsec. (a)(1) to (3). Pub. L. 102-25 struck out ``of this
section'' and ``of this subsection'' wherever appearing.
1987--Subsec. (e). Pub. L. 100-26 inserted ``the term'' after ``In
this section,''.
1980--Pub. L. 96-342 completely revised and expanded provisions
covering the travel and transportation allowances for the movement of
house trailers and mobile homes, changing the structure of the section
from a single unlettered paragraph to one consisting of five subsections
lettered (a) to (e).
1968--Pub. L. 90-246 substituted ``74 cents'' for ``51 cents'' as
maximum allowable cost-of-transportation mileage rate.
1966--Pub. L. 89-718 substituted ``household effects'' for
``household goods'' and ``48'' for ``forty-eight''.
1964--Pub. L. 88-406 substituted ``continental United States, within
Alaska, or between the continental United States and Alaska'' for
``United States except in Hawaii or Alaska'', ``51 cents'' for ``36
cents'', inserted ``by the United States or'' in cl. (2), and defined
``continental United States''.
Effective Date of 1980 Amendment
Section 808(b) of Pub. L. 96-342 provided that: ``The amendments
made by subsection (a) [amending this section] shall only apply to
transportation of house trailers and mobile home dwellings which is
completed after September 30, 1980.''
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.
