37 U.S.C. § 491 — Untitled legal text

Page 212 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES [§ 491 L. 99–145, title XIII, § 1303(b)(10), Nov. 8, 1985, 99 Stat. 741; renumbered § 489 and amended Pub. L. 112–81, div. A, title VI, § 631(d)(2), (e)(28), Dec. 31, 2011, 125 Stat. 1460, 1464; Pub. L. 112–239, div. A, title X, § 1076(a)(6), Jan. 2, 2013, 126 Stat. 1948, related to transportation for a minor dependent attending an overseas school on a dor- mitory basis. Section 490, added Pub. L. 98–94, title IX, § 910(a)(1), Sept. 24, 1983, 97 Stat. 638, § 430; amended Pub. L. 101–189, div. A, title VI, § 625(a), Nov. 29, 1989, 103 Stat. 1448; Pub. L. 101–510, div. A, title XIV, § 1484(e)(1), Nov. 5, 1990, 104 Stat. 1717; Pub. L. 102–25, title VII, § 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 105–261, div. A, title VI, § 634, Oct. 17, 1998, 112 Stat. 2044; Pub. L. 106–398, § 1 [[div. A], title VI, § 646], Oct. 30, 2000, 114 Stat. 1654, 1654A–162; Pub. L. 107–107, div. A, title VI, § 639(a)–(c), title IX, § 931(c), Dec. 28, 2001, 115 Stat. 1148, 1200; Pub. L. 107–314, div. A, title VI, § 654(b)(6), Dec. 2, 2002, 116 Stat. 2582; Pub. L. 108–136, div. A, title VI, § 633, Nov. 24, 2003, 117 Stat. 1509; Pub. L. 108–375, div. A, title VI, § 633, Oct. 28, 2004, 118 Stat. 1957; renumbered § 490 and amended Pub. L. 112–81, div. A, title VI, § 631(d)(2), (e)(29), Dec. 31, 2011, 125 Stat. 1460, 1464, related to transportation for eligible dependent children of one annual trip between certain schools and the member’s duty station outside the continental United States. Editorial Notes PRIOR PROVISIONS Act Aug. 1, 1953, cited as the source of subsec. (j) of section 476 in the Historical and Revision Notes, is known as the Department of Defense Appropriation Act, 1954. Similar provisions were contained in the fol- lowing prior appropriation acts: July 10, 1952, ch. 630, title VI, § 605, 66 Stat. 531. Oct. 18, 1951, ch. 512, title VI, § 605, 65 Stat. 445. Sept. 6, 1950, ch. 896, ch. X, title VI, § 605, 64 Stat. 752. Oct. 29, 1949, ch. 787, title VI, § 605, 63 Stat. 1017. June 24, 1948, ch. 632, 62 Stat. 652. July 30, 1947, ch. 357, title I, 61 Stat. 554. July 16, 1946, ch. 583, 60 Stat. 545. July 3, 1945, ch. 265, 59 Stat. 388. June 28, 1944, ch. 303, 58 Stat. 577. July 1, 1943, ch. 185, 57 Stat. 351. July 2, 1942, ch. 477, 56 Stat. 614. June 30, 1941, ch. 262, 55 Stat. 371. June 13, 1940, ch. 343, 54 Stat. 356. Apr. 26, 1939, ch. 88, 53 Stat. 598. June 11, 1938, ch. 347, 52 Stat. 647. July 1, 1937, ch. 423, 50 Stat. 448. [§ 491. Renumbered § 431] Editorial Notes CODIFICATION Section 491 of this title, which related to benefits for certain members assigned to the Defense Intelligence Agency, was originally section 431 of this title and was transferred to chapter 8 of this title by Pub. L. 112–81, div. A, title VI, § 631(d)(2), Dec. 31, 2011, 125 Stat. 1460, and renumbered section 491 of this title by Pub. L. 112–239, div. A, title X, § 1076(h)(2), Jan. 2, 2013, 126 Stat. 1955. Section 491 was repealed by Pub. L. 117–81, div. A, title VI, § 604(a), Dec. 27, 2021, 135 Stat. 1767. The section was revived to read as it did immediately before its re- peal and renumbered section 431 of this title by Pub. L. 117–263, div. A, title VI, § 615(a), Dec. 23, 2022, 136 Stat. 2624. The section was transferred to its original loca- tion in Chapter 7 of this title to reflect the probable in- tent of Congress. PRIOR PROVISIONS Provisions similar to section 491 were contained in section 192 of Title 10, Armed Forces, prior to enact- ment of section 491 by Pub. L. 99–145. [§§ 492 to 494. Repealed. Pub. L. 117–81, div. A, title VI, § 604(a), Dec. 27, 2021, 135 Stat. 1767] Section 492, added Pub. L. 99–661, div. A, title VI, § 615(a)(1), Nov. 14, 1986, 100 Stat. 3879, § 431; renumbered § 432, Pub. L. 100–26, § 8(b)(1), Apr. 21, 1987, 101 Stat. 285; amended Pub. L. 107–107, div. A, title IX, § 931(c), Dec. 28, 2001, 115 Stat. 1200; renumbered § 492 and amended Pub. L. 112–81, div. A, title VI, § 631(d)(2), (e)(30), Dec. 31, 2011, 125 Stat. 1460, 1464, related to travel of a member under competent orders as an escort for the member’s dependent who is incapable of traveling alone because of age, mental or physical incapacity, or other extraor- dinary circumstances. Section 494, added Pub. L. 102–484, div. A, title VI, § 623(a)(1), Oct. 23, 1992, 106 Stat. 2422, § 434; renumbered § 494 and amended Pub. L. 112–81, div. A, title VI, § 631(d)(2), (e)(31), Dec. 31, 2011, 125 Stat. 1460, 1464, re- lated to cost of subsistence incurred by the member while performing duties as an escort or member of an arms control inspection team of a foreign country while engaged in activities related to the implementa- tion of an arms control treaty or agreement. [§ 495. Renumbered § 435] CHAPTER 9—LEAVE Sec. 501. Payments for unused accrued leave. 502. Absences due to sickness, wounds, and certain other causes. 503. Absence without leave or over leave. 504. Cadets and midshipmen: chapter does not apply to. Editorial Notes AMENDMENTS 1990—Pub. L. 101–510, div. A, title XIV, § 1484(f)(1), Nov. 5, 1990, 104 Stat. 1717, revised chapter heading so as to appear in all capital letters. § 501. Payments for unused accrued leave (a) In this section, the term ‘‘discharge’’ means— (1) in the case of an enlisted member, separa- tion or release from active duty under honor- able conditions, termination of an enlistment in conjunction with the commencement of a successive enlistment (without regard to the date of the expiration of the term of the en- listment being terminated), or appointment as an officer; (2) in the case of an officer, separation or re- lease from active duty under honorable condi- tions; (3) in the case of either an officer or an en- listed member, death while on active duty un- less the decedent was put to death as lawful punishment for a crime or a military offense; (4) in the case of an officer or an enlisted member of a reserve component who is not serving on active duty, separation or release from the reserve component under honorable conditions, or death; and (5) in the case of an enlisted member of a re- serve component who is not serving on active duty, termination of enlistment in conjunc- tion with the commencement of a successive enlistment, or appointment as an officer. (b)(1) A member of the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, or Na- tional Oceanic and Atmospheric Administration,