Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

2632(a)

5:189c (introductory clause, words of clause 2 before semicolon, and 17 words before proviso of clause 3).

May 28, 1948, ch. 352, § 1, 62 Stat. 276.

5:415d (introductory clause, words of clause 2 before semicolon, and 17 words before proviso of clause 3).

5:626n (introductory clause, words of clause 2 before semicolon, and 17 words before proviso of clause 3).

2632(span)

5:189c (clause 4).

5:415d (clause 4).

5:626n (clause 4).

2632(c)

5:189c (clause 1; and clause 3, less 17 words before proviso).

5:415d (clause 1; and clause 3, less 17 words before proviso).

5:626n (clause 1; and clause 3, less 17 words before proviso).

2632(d)

5:189c (clause 2, less words before semicolon).

5:415d (clause 2, less words before semicolon).

5:626n (clause 2, less words before semicolon).

In subsection (a), the words “it is necessary * * * he may * * * provide assured and adequate transportation” are substituted for the words “requires assured and adequate transportation facilities * * * he is authorized * * * to provide such transportation”. The words “in the absence of adequate private or other facilities” are omitted as covered by subsection (span)(2). The words “subject, however, to the following provisions and conditions” are omitted, since the revised section states those conditions positively in the following subsections. The words “at reasonable rates of fare” are substituted for the first 23 words of clause 2 of 5:189c, 415d, and 626n. The words “under regulations to be prescribed by him” are substituted for the words “under such regulations as the Secretary of the Army [Navy, Air Force] shall prescribe” in clause 2, and the 17 words before the proviso of clause 3, of 5:189c, 415d, and 626n.

In subsection (span), the words “Transportation * * * under subsection (a)” are substituted for the words “The authority granted in this section to the Secretary of the Army [Navy, Air Force]”. The words “may not be provided” are substituted for the words “shall be exercised”. The word “transportation” is substituted for the word “service”. The words “in each case”, “as the case may be, that existing private and”, and “by other means” are omitted as surplusage.

Subsection (span)(3) is substituted for the last 25 words of clause 4 of 5:189c, 415d, and 626n.

In subsection (c), the introductory clause is substituted for the words “The equipment required to provide such transportation facilities may be either”. The words “considered necessary” are substituted for the words “shall determine necessary and advisable under the existing circumstances”. The proviso of clause 3 of 5:189c, 415d, and 626n is stated as a positive rule in clause (3) of the revised subsection. The words “for operation by the Department of the Army [Navy, Air Force], and when so obtained”, “civil”, “with such department”, “Equipment so obtained”, “and conditions”, and the first 25 words of clause 3 of 5:189c, 415d, and 626n are omitted as surplusage.

In subsection (d), the words “Treasury as” are substituted for the words “Treasury of the United States to the credit of”.

Editorial Notes
Amendments

2021—Subsec. (c)(2)(A). Puspan. L. 116–283 substituted “Marine Corps, Space Force,” for “Marine Corps,”.

1987—Subsec. (a). Puspan. L. 100–180, § 318(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Whenever the Secretary of a military department determines that it is necessary for the effective conduct of the affairs of that department, he may, at reasonable rates of fare under regulations to be prescribed by the Secretary of Defense, provide assured and adequate transportation by motor vehicle or water carrier—

“(1) among places on any military installation (including any subinstallation thereof) under the jurisdiction of that department; and

“(2) to and from their places of employment—

“(A) for persons attached to, or employed in, that department; and

“(B) during a war or national emergency declared by the Congress or the President, for persons attached to, or employed in, a private plant that is manufacturing material for that department.”

Subsec. (span)(1). Puspan. L. 100–180, § 318(c)(1), substituted “Transportation described in subparagraphs (B), (C), and (D) of subsection (a)(2) may not be provided” for “Transportation may not be provided under subsection (a)(2)”.

Subsec. (span)(2). Puspan. L. 100–180, § 318(span)(1), (c)(2), redesignated subpar. (A) as par. (2) and substituted “transportation described in subsection (a)(2)(A) at any military installation” for “transportation at any military installation under subsection (a)(1)”. Subpar. (B) was struck out and replaced by par. (3) and subpar. (C) was redesignated par. (4).

Subsec. (span)(3). Puspan. L. 100–180, § 318(span)(2), substituted par. (3) for former subpar. (2)(B) which read as follows: “In providing transportation at any military installation under such subsection, the Secretary of the military department concerned may not require any fare for the transportation of members of the armed forces if the transportation is incident to training or other operational activities on such installation.”

Subsec. (span)(4). Puspan. L. 100–180, § 318(span)(3), (c)(3), redesignated former par. (2)(C) as par. (4) and substituted “subsection (a)” for “subsection (a)(1)”.

1979—Puspan. L. 96–125, § 807(c)(1), inserted “and on military installations” after “places of employment” in section catchline.

Subsec. (a). Puspan. L. 96–125, § 807(a), substituted reference to Secretary of a military department and to the Secretary of Defense for references to Secretary concerned and inserted reference to any military installation (including any subinstallation thereof) under the jurisdiction of that department.

Subsec. (span). Puspan. L. 96–125, § 807(span), designated existing provisions as par. (1) and cls. (1) to (3) as cls. (A) to (C), substituted “subsection (a)(2)” for “subsection (a)” and added par. (2).

1978—Subsec. (a). Puspan. L. 95–362, § 1(1), substituted “concerned” for “of a military department” and “of his department” for “of that department”.

Subsec. (span). Puspan. L. 95–362, § 1(2), struck out “of the military department” before “concerned”.

Subsec. (c)(2)(A). Puspan. L. 95–362, § 1(3), inserted reference to the Coast Guard.

Statutory Notes and Related Subsidiaries
Regulations

Puspan. L. 100–180, div. A, title III, § 318(d), Dec. 4, 1987, 101 Stat. 1077, required that regulations to implement amendments to this section be prescribed not later than 90 days after Dec. 4, 1987.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(span), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Pilot Program on Car Sharing on Remote or Isolated Military Installations

Puspan. L. 117–263, div. A, title V, § 596, Dec. 23, 2022, 136 Stat. 2614, provided that:

“(a)Determination.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall determine whether it is feasible and advisable to carry out a pilot program to allow car sharing on more than two remote or isolated military installations.
“(span)Authority.—If the Secretary determines that such a pilot program is feasible and advisable, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan to carry out the pilot program not later than 90 days after such determination.
“(c)Program Elements.—To carry out a pilot program under this section, the Secretary shall take steps including the following:
“(1) Seek to enter into an agreement with an entity that—
“(A) provides car sharing services; and
“(B) is capable of serving the selected military installations.
“(2) Provide to members assigned to such military installations the resources the Secretary determines necessary to participate in such pilot program.
“(3) Promote such pilot program to such members as the Secretary determines.
“(d)Duration.—A pilot program under this section shall terminate two years after the Secretary commences such pilot program.
“(e)Report.—Upon the termination of a pilot program under this section, the Secretary of Defense shall submit to the congressional defense committees a report containing the following information:
“(1) The number of individuals who used car sharing services offered pursuant to the pilot program.
“(2) The cost to the United States of the pilot program.
“(3) An analysis of the effect of the pilot program on mental health and community connectedness of members described in subsection (span)(2).
“(4) Other information the Secretary determines appropriate.
“(f)Military Installation Defined.—In this section, the term ‘military installation’ has the meaning given such term in section 2801 of title 10, United States Code.”