Title 37, Chapter 8
Pay and Allowances of the Uniformed Services — 46 active sections
Table of Contents (46 sections)
- § 451 Definitions
- § 452 Allowable travel and transportation: general authorities
- § 453 Allowable travel and transportation: specific authorities
- § 454 Travel and transportation: pilot programs
- § 455 Appropriations for travel: may not be used for attendance at certain meetings
- § 456 Managed travel program refunds
- § 461 Relationship to other travel and transportation authorities
- § 462 Travel and transportation allowances paid to members that are unauthorized or in excess of authorized amounts: requirement for repayment
- § 463 Programs of compliance; electronic processing of travel claims
- § 464 Regulations
- § 471 Travel authorities transition expiration date
- § 472 Definitions and other incorporated provisions of chapter 7
- § 474 Travel and transportation allowances: general
- § 474a Travel and transportation allowances: temporary lodging expenses
- § 474b Travel and transportation allowances: payment of lodging expenses at temporary duty location during authorized absence of member
- § 475 Travel and transportation allowances: per diem while on duty outside the continental United States
- § 475a Travel and transportation allowances: departure allowances
- § 476 Travel and transportation allowances: dependents; baggage and household effects
- § 476a Travel and transportation allowances: authorized for travel performed under orders that are canceled, revoked, or modified
- § 476b Travel and transportation allowances: members of the uniformed services attached to a ship overhauling or inactivating
- § 476c Travel and transportation allowances: members assigned to a vessel under construction
- § 477 Travel and transportation allowances: dislocation allowance
- § 478 Travel and transportation allowances: travel within limits of duty station
- § 478a Travel and transportation allowances: inactive duty training outside of normal commuting distances
- § 479 Travel and transportation allowances: house trailers and mobile homes
- § 480 Travel and transportation allowances: miscellaneous categories
- § 481 Travel and transportation allowances: administrative provisions
- § 481a Travel and transportation allowances: travel performed in connection with convalescent leave
- § 481b Travel and transportation allowances: travel performed in connection with leave between consecutive overseas tours
- § 481c Travel and transportation allowances: travel performed in connection with rest and recuperative leave from certain stations in foreign countries
- § 481d Travel and transportation allowances: transportation incident to personal emergencies for certain members and dependents
- § 481e Travel and transportation allowances: transportation incident to certain emergencies for members performing temporary duty
- § 481f Travel and transportation allowances: transportation for survivors of deceased member to attend member’s burial ceremonies; transportation for survivors of member dying overseas to attend transfer ceremonies
- § 481h Travel and transportation allowances: transportation of designated individuals incident to hospitalization of members for treatment of wounds, illness, or injury
- § 481i Travel and transportation allowances: parking expenses
- § 481j Travel and transportation allowances: transportation of family members incident to the repatriation of members held captive
- § 481k Travel and transportation allowances: non-medical attendants for members who are determined to be very seriously or seriously wounded, ill, or injured
- § 481l Travel and transportation allowances: attendance of members and other persons at Yellow Ribbon Reintegration Program events
- § 484 Travel and transportation; dependents; household and personal effects; trailers; additional movements; motor vehicles; sale of bulky items; claims for proceeds; appropriation chargeable
- § 488 Allowance for recruiting expenses
- § 489 Travel and transportation allowances: minor dependent schooling
- § 490 Travel and transportation: dependent children of members stationed overseas
- § 491 Benefits for certain members assigned to the Defense Intelligence Agency
- § 492 Travel and transportation: members escorting certain dependents
- § 494 Subsistence reimbursement relating to escorts of foreign arms control inspection teams
- § 495 Funeral honors duty: allowance
§ 451. Definitions
- (a) In this subchapter and subchapter II:
- (1) The term “administering Secretary” or “administering Secretaries” means the following:
- (A) The Secretary of Defense, with respect to the armed forces (including the Coast Guard when it is operating as a service in the Navy).
- (B) The Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy.
- (C) The Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration.
- (D) The Secretary of Health and Human Services, with respect to the Public Health Service.
- (2) The term “authorized traveler” means a person who is authorized travel and transportation allowances when performing official travel ordered or authorized by the administering Secretary. Such term includes the following:
- (A) A member of the uniformed services.
- (B) A family member of a member of the uniformed services.
- (C) A person acting as an escort or attendant for a member or family member who is traveling on official travel or is traveling with the remains of a deceased member or as an escort or attendant for dependents of a member for necessary travel performed not later than one year after the member is unable to accompany the dependents who are incapable of traveling alone.
- (D) A person who participates in a military funeral honors detail.
- (E) A Senior Reserve Officers’ Training Corps cadet or midshipman.
- (F) An applicant or rejected applicant for enlistment.
- (G) Any person whose employment or service is considered directly related to a Government official activity or function under regulations prescribed under section 464 of this title .
- (H) Any other person not covered by subparagraphs (A) through (G) who is determined by the administering Secretary pursuant to regulations prescribed under section 464 of this title as warranting the provision of travel benefits for purposes of the following:
- (i) Transportation of survivors to attend burial services or transfer of deceased members after death overseas as provided in section 481f of this title .
- (ii) Transportation of designated individuals incident to the hospitalization of members as provided in section 481h of this title .
- (iii) Transportation of designated individuals incident to the repatriation of members as provided in section 481j of this title .
- (iv) Transportation of non-medical attendants as provided in section 481k of this title .
- (v) Transportation of designated individuals to attend Yellow Ribbon Reintegration Program events as provided in section 481 l of this title.
- (vi) Transportation of a person with regard to a single event when the administering Secretary determines that the travel is necessary to ensure fairness and equity, respond to emergency or humanitarian circumstances, or serve the best interests of the Government.
- (3) The term “family member”, with respect to a member of the uniformed services, means the following:
- (A) A dependent, as defined in section 401(a) of this title .
- (B) A child, as defined in section 401(b)(1) of this title .
- (C) A parent, as defined in section 401(b)(2) of this title .
- (D) A sibling of the member.
- (E) A former spouse of the member.
- (1) The term “administering Secretary” or “administering Secretaries” means the following:
- (b) In this subchapter and subchapter II:
- (1) The term “official travel” means the following:
- (A) Military duty or official business performed by an authorized traveler away from a duty assignment location or other authorized location.
- (B) Travel performed by an authorized traveler ordered to relocate from a permanent duty station to another permanent duty station.
- (C) Travel performed by an authorized traveler ordered to the first permanent duty station, or separated or retired from uniformed service.
- (D) Local travel in or around the temporary duty or permanent duty station.
- (E) Other travel as authorized or ordered by the administering Secretary.
- (2) The term “actual and necessary expenses” means expenses incurred in fact by an authorized traveler as a reasonable consequence of official travel.
- (3) The term “travel allowances” means the daily lodging, meals, and other related expenses, including relocation expenses, incurred by an authorized traveler while on official travel.
- (4) The term “transportation allowances” means the costs of temporarily or permanently moving an authorized traveler, the personal property of an authorized traveler, or a combination thereof.
- (5) The term “transportation-, lodging-, or meals-in-kind” means transportation, lodging, or meals provided by the Government without cost to an authorized traveler.
- (6) The term “miscellaneous expenses” means authorized expenses incurred in addition to authorized allowances during the performance of official travel by an authorized traveler.
- (7) The term “personal property”, with respect to transportation allowances, includes baggage, furniture, and other household items, clothing, privately owned vehicles, house trailers, mobile homes, and any other personal items that would not otherwise be prohibited by any other provision of law or regulation prescribed under section 464 of this title .
- (8) The term “relocation allowances” means the costs associated with relocating a member of the uniformed services and the member’s dependents between an old and new temporary or permanent duty assignment location or other authorized location.
- (9) The term “dislocation allowances” means the costs associated with relocation of the household of a member of the uniformed services and the member’s dependents in relation to a change in the member’s permanent duty assignment location ordered for the convenience of the Government or incident to an evacuation.
- (1) The term “official travel” means the following:
§ 452. Allowable travel and transportation: general authorities
- (a) Except as otherwise prohibited by law, a member of the uniformed services or other authorized traveler may be provided transportation-, lodging-, or meals-in-kind, or actual and necessary expenses of travel and transportation, for, or in connection with, official travel under circumstances as specified in regulations prescribed under section 464 of this title .
- (b) The authority under subsection (a) includes travel under or in connection with, but not limited to, the following circumstances, to the extent specified in regulations prescribed under section 464 of this title :
- (1) Temporary duty that requires travel between a permanent duty assignment location and another authorized temporary duty location, and travel in or around the temporary duty location.
- (2) Permanent change of station that requires travel between an old and new temporary or permanent duty assignment location or other authorized location.
- (3) Temporary duty or assignment relocation related to consecutive overseas tours or in-place-consecutive overseas tours.
- (4) Recruiting duties for the armed forces.
- (5) Assignment or detail to another Government department or agency.
- (6) Rest and recuperative leave.
- (7) Convalescent leave.
- (8) Reenlistment leave.
- (9) Reserve component inactive-duty training performed outside the normal commuting distance of the member’s permanent residence.
- (10) Ready Reserve muster duty.
- (11) Unusual, extraordinary, hardship, or emergency circumstances.
- (12) Presence of family members at a military medical facility incident to the illness or injury of members.
- (13) Presence of family members at the repatriation of members held captive.
- (14) Presence of non-medical attendants for very seriously or seriously wounded, ill, or injured members.
- (15) Attendance at Yellow Ribbon Reintegration Program events.
- (16) Missing status, as determined by the Secretary concerned under chapter 10 of this title.
- (17) Attendance at or participation in international sports competitions described under section 717 of title 10 .
- (c) Travel and transportation allowances which may be provided under subsection (a) include the following:
- (1) Allowances for transportation, lodging, and meals.
- (2) Dislocation or relocation allowances paid in connection with a change in a member’s temporary or permanent duty assignment location.
- (3) A partial dislocation allowance paid to a member ordered to occupy or vacate housing provided by the United States.
- (4) Other related miscellaneous expenses.
- (d) Any authorized travel and transportation may be provided—
- (1) as an actual expense;
- (2) as an authorized allowance;
- (3) in-kind; or
- (4) using a combination of the authorities under paragraphs (1), (2), and (3).
- (e) An authorized traveler whose travel and transportation order or authorization is canceled, revoked, or modified may be allowed actual and necessary expenses or travel and transportation allowances in connection with travel performed pursuant to such order or authorization.
- (f) An authorized traveler may be allowed advance payments for authorized travel and transportation allowances.
- (g) Any unauthorized travel or transportation expense is not the responsibility of the United States.
- (h) The administering Secretary may not provide payment under this section for an expense for which payment may be provided from any other appropriate Government or non-Government entity.
§ 453. Allowable travel and transportation: specific authorities
- (a) In addition to any other authority for the provision of travel and transportation allowances, the administering Secretaries may provide travel and transportation allowances under this subchapter in accordance with this section.
- (b) An authorized traveler may be paid travel and transportation allowances, or reimbursed for actual and necessary expenses of travel, incurred at a temporary duty location during an authorized absence from that location.
- (c)
- (1) A member of a uniformed service may be allowed moving expenses and transportation allowances for self and dependents associated with the movement of personal property and household goods, including such expenses when associated with a self-move.
- (2) The authority in paragraph (1) includes the movement and temporary and non-temporary storage of personal property, household goods, and privately owned vehicles (but not to exceed one privately owned vehicle per member household) in connection with the temporary or permanent move between authorized locations.
- (3) For movement of household goods, the administering Secretaries shall prescribe weight allowances in regulations under section 464 of this title . The prescribed weight allowances may not exceed 18,000 pounds (including household goods in temporary storage, but excluding packing and crating), except that the administering Secretary may, on a case-by-case basis, authorize additional weight allowances as necessary.
- (4) The administering Secretary may prescribe the terms, rates, and conditions that authorize a member of the uniformed services to ship or store a privately owned vehicle.
- (5) No carrier, port agent, warehouseman, freight forwarder, or other person involved in the transportation of property may have any lien on, or hold, impound, or otherwise interfere with, the movement of baggage and household goods being transported under this section.
- (d) An authorized traveler may be provided travel and transportation allowances under this section for unusual, extraordinary, hardship, or emergency circumstances, including circumstances warranting evacuation from a permanent duty assignment location.
- (e) The administering Secretary may provide travel-in-kind and transportation-in-kind for the following persons in accordance with regulations prescribed under section 464 of this title :
- (1) A member who is retired, or is placed on the temporary disability retired list, under chapter 61 of title 10.
- (2) A member who is retired with pay under any other law or who, immediately following at least eight years of continuous active duty with no single break therein of more than 90 days, is discharged with separation pay or is involuntarily released from active duty with separation pay or readjustment pay.
- (3) A member who is discharged under section 1173 of title 10 .
- (f) A family member or member of the uniformed services who attends a deceased member’s repatriation, burial, or memorial ceremony or service may be provided travel and transportation allowances to the extent provided in regulations prescribed under section 464 of this title .
§ 454. Travel and transportation: pilot programs
- (a) Except as otherwise prohibited by law, the Secretary of Defense may conduct pilot programs to evaluate alternative travel and transportation programs, policies, and processes for Department of Defense authorized travelers. Any such pilot program shall be designed to enhance cost savings or other efficiencies that accrue to the Government and be conducted so as to evaluate one or more of the following:
- (1) Alternative methods for performing and reimbursing travel.
- (2) Means for limiting the need for travel.
- (3) Means for reducing the environmental impact of travel.
- (b)
- (1) Not more than three pilot programs may be carried out under subsection (a) at any one time.
- (2) The duration of a pilot program may not exceed four years.
- (3) The authority to carry out a pilot program is subject to the availability of appropriated funds.
- (c)
- (1) Not later than 30 days before the commencement of a pilot program under subsection (a), the Secretary shall submit to the congressional defense committees a report on the pilot program. The report on a pilot program under this paragraph shall set forth a description of the pilot program, including the following:
- (A) The purpose of the pilot program.
- (B) The duration of the pilot program.
- (C) The cost savings or other efficiencies anticipated to accrue to the Government under the pilot program.
- (2) Not later than 60 days after the completion of a pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program. The report on a pilot program under this paragraph shall set forth the following:
- (A) A description of results of the pilot program.
- (B) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the pilot program.
- (1) Not later than 30 days before the commencement of a pilot program under subsection (a), the Secretary shall submit to the congressional defense committees a report on the pilot program. The report on a pilot program under this paragraph shall set forth a description of the pilot program, including the following:
- (d) In this section, the term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10 .
§ 455. Appropriations for travel: may not be used for attendance at certain meetings
Appropriations of the Department of Defense that are available for travel may not, without the approval of the Secretary concerned or his designee, be used for expenses incident to attendance of a member of an armed force under that department at a meeting of a technical, scientific, professional, or similar organization.
§ 456. Managed travel program refunds
- (a) The Secretary of Defense may credit refunds attributable to Department of Defense managed travel programs as a direct result of official travel to such operation and maintenance or research, development, test, and evaluation accounts of the Department as designated by the Secretary that are available for obligation for the fiscal year in which the refund or amount is collected.
- (b) Refunds credited under subsection (a) may only be used for official travel or operations and efficiency improvements for improved financial management of official travel.
- (c) In this section:
- (1) The term “managed travel program” includes air, rental car, train, bus, dining, lodging, and travel management, but does not include rebates or refunds attributable to the use of the Government travel card, the Government Purchase Card, or Government travel arranged by Government Contracted Travel Management Centers.
- (2) The term “refund” includes miscellaneous receipts credited to the Department identified as a refund, rebate, repayment, or other similar amounts collected.
§ 461. Relationship to other travel and transportation authorities
An authorized traveler may not be paid travel and transportation allowances or receive travel-in-kind and transportation-in-kind, or a combination thereof, under both subchapter I and subchapter III for official travel performed under a single or related travel and transportation order or authorization by the administering Secretary.
§ 462. Travel and transportation allowances paid to members that are unauthorized or in excess of authorized amounts: requirement for repayment
- (a) Except as provided in subsection (b), a member of the uniformed services or other person who is paid travel and transportation allowances under subchapter I shall repay to the United States any amount of such payment that is determined to be unauthorized or in excess of the applicable authorized amount.
- (b) The regulations prescribed under section 464 of this title shall specify procedures for determining the circumstances under which an exception to repayment otherwise required by subsection (a) may be granted.
- (c) An obligation to repay the United States under this section is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after the date on which the debt was incurred.
§ 463. Programs of compliance; electronic processing of travel claims
- (a) The administering Secretaries shall provide for compliance with the requirements of this chapter through programs of compliance established and maintained for that purpose.
- (b) The programs of compliance under subsection (a) shall—
- (1) minimize the provision of benefits under this chapter based on inaccurate claims, unauthorized claims, overstated or inflated claims, and multiple claims for the same benefits through the electronic verification of travel claims on a near-time basis and such other means as the administering Secretaries may establish for purposes of the programs of compliance; and
- (2) ensure that benefits provided under this chapter do not exceed reasonable or actual and necessary expenses of travel claimed or reasonable allowances based on commercial travel rates.
- (c)
- (1) By not later than the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012, any travel claim under this chapter shall be processed electronically.
- (2) The administering Secretary, or the Secretary’s designee, may waive the requirement in paragraph (1) with respect to a particular claim in the interests of the department concerned.
- (3) The electronic processing of claims under this subsection shall be subject to the regulations prescribed by the Secretary of Defense under section 464 of this title which shall apply uniformly to all members of the uniformed services and, to the extent practicable, to all other authorized travelers.
§ 464. Regulations
This subchapter and subchapter I shall be administered under terms, rates, conditions, and regulations prescribed by the Secretary of Defense in consultation with the other administering Secretaries for members of the uniformed services. Such regulations shall be uniform for the Department of Defense and shall apply as uniformly as practicable to the uniformed services under the jurisdiction of the other administering Secretaries.
§ 471. Travel authorities transition expiration date
In this subchapter, the term “travel authorities transition expiration date” means the last day of the 10-year period beginning on the first day of the first month beginning after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012.
§ 472. Definitions and other incorporated provisions of chapter 7
- (a) The provisions of section 401 of this title apply to this subchapter.
- (b) The provisions of sections 421 and 423 of this title apply to this subchapter.
§ 474. Travel and transportation allowances: general
- (a) Except as provided in subsection (f) and under regulations prescribed by the Secretaries concerned, a member of a uniformed service is entitled to travel and transportation allowances for travel performed or to be performed under orders, without regard to the comparative costs of the various modes of transportation—
- (1) upon a change of permanent station, or otherwise, or when away from his designated post of duty regardless of the length of time he is away from that post;
- (2) upon appointment, call to active duty, enlistment, or induction, from his home or from the place from which called or ordered to active duty to his first station;
- (3) upon separation from the service, placement on the temporary disability retired list, release from active duty, or retirement, from his last duty station to his home or the place from which he was called or ordered to active duty, whether or not he is or will be a member of a uniformed service at the time the travel is or will be performed;
- (4) when away from home to perform duty, including duty by a member of the Army National Guard of the United States or the Air National Guard of the United States, as the case may be, in his status as a member of the National Guard, for which he is entitled to, or has waived, pay under this title;
- (5) when not on active duty, if assigned to a Reserve school, and attending a reserve training meeting for the purpose of performing duties as an instructor at such meeting, if such meeting is 100 or more miles from the site at which the member would attend paid drills of the Reserve school to which he is assigned; and
- (6) upon filling a vacancy in a Selected Reserve unit at a duty station that is more than 150 miles from the member’s residence if—
- (A) during the preceding three years the member was involuntarily separated under other than adverse conditions (as characterized by the Secretary concerned) while assigned to a unit of the Selected Reserve certified by the Secretary concerned as having been adversely affected by force structure reductions during the period beginning on October 1, 2012 , and ending on December 31, 2018 ;
- (B) the involuntary separation occurred during the period beginning on October 1, 2012 , and ending on December 31, 2018 ; and
- (C) the member is—
- (i) qualified in a skill designated as critically short by the Secretary concerned; or
- (ii) filling a vacancy in a Selected Reserve unit with a critical manpower shortage, or in a pay grade with a critical manpower shortage in such unit.
- (b)
- (1) The Secretaries concerned may prescribe—
- (A) the conditions under which travel and transportation allowances are authorized, including advance payments thereof; and
- (B) the allowances for the kinds of travel, but not more than the amounts authorized in this section.
- (2) In prescribing such conditions and allowances, the Secretaries concerned shall provide that a member who is performing travel under orders away from his designated post of duty and who is authorized a per diem under clause (2) of subsection (d) shall be paid for the meals portion of that per diem in a cash amount at a rate that is not less than the rate established under section 1011(a) of this title for meals sold to members. The preceding sentence shall not apply with respect to a member on field duty or sea duty (as defined in regulations prescribed under section 403(f)(3) of this title ) or a member of a unit with respect to which the Secretary concerned has determined that unit messing is essential to the accomplishment of the unit’s training and readiness.
- (1) The Secretaries concerned may prescribe—
- (c)
- (1) Under uniform regulations prescribed by the Secretaries concerned and as provided in paragraph (2), a member who—
- (A) is retired, or is placed on the temporary disability retired list, under chapter 61 of title 10;
- (B) is retired with pay under any other law, or, immediately following at least eight years of continuous active duty with no single break therein or more than 90 days, is discharged with separation pay or severance pay or is involuntarily released from active duty with separation pay or readjustment pay; or
- (C) is involuntarily separated from active duty during the period beginning on October 1, 1990 , and ending on December 31, 2001 ,
- (2) A member authorized under paragraph (1) to select a home for the purposes of such allowances may select as his home—
- (A) any place within the United States;
- (B) the place outside the United States from which the member was called or ordered to active duty to his first duty station; or
- (C) any other place.
- (1) Under uniform regulations prescribed by the Secretaries concerned and as provided in paragraph (2), a member who—
- (d)
- (1) The travel and transportation allowances authorized for each kind of travel may not be more than one of the following:
- (A) Transportation in kind, reimbursement therefor, or, under regulations prescribed by the Secretaries concerned, when travel by privately owned conveyance is authorized or approved as more advantageous to the Government, a monetary allowance in place of the cost of transportation, at the rates provided in section 5704 of title 5 .
- (B) Transportation in kind, reimbursement therefor, or a monetary allowance as provided in subparagraph (A), plus a payment in lieu of subsistence as provided in paragraph (2) in an amount sufficient to meet normal and necessary expenses in the area to which travel is performed.
- (C) A mileage allowance at a rate per mile prescribed by the Secretaries concerned and based on distances established under subparagraph (A).
- (2) Under regulations prescribed by the Secretaries concerned, a member of a uniformed service entitled to travel and transportation allowances under subsection (a) is entitled to any of the following:
- (A) A per diem allowance at a rate not to exceed that established by the Secretaries concerned.
- (B) Reimbursement for the actual and necessary expenses of official travel not to exceed an amount established by the Secretaries concerned.
- (C) A combination of payments described in subparagraphs (A) and (B).
- (3) A per diem allowance or maximum amount of reimbursement established for purposes of paragraph (2) shall be established, to the extent feasible, by locality. The Secretary of a military department shall not alter the amount of the per diem allowance, or the maximum amount of reimbursement, for a locality based on the duration of the temporary duty assignment in the locality of a member of the armed forces under the jurisdiction of the Secretary.
- (4) For travel consuming less than a full day, the payment prescribed by regulation under paragraph (2) shall be allocated in such manner as the Secretaries concerned prescribe.
- (5) Effective January 1, 2003 , the per diem rates established under paragraph (2)(A) for travel performed in connection with a change of permanent station or for travel described in paragraph (2) or (3) of subsection (a) shall be equal to the standard per diem rates established in the Federal travel regulation for travel within the continental United States of civilian employees and their dependents, unless the Secretaries concerned determine that a higher rate for members is more appropriate.
- (1) The travel and transportation allowances authorized for each kind of travel may not be more than one of the following:
- (e) A member who is on duty with, or is undergoing training for, the Air Mobility Command, the Marine Corps Transport Squadrons, the Fleet Tactical Support Squadrons, the Naval Aircraft Ferrying Squadrons, or any other unit determined by the Secretary concerned to be performing duties similar to the duties performed by such command or squadrons, and who is away from his permanent station, may be paid a per diem in lieu of subsistence in an amount not more than the amount to which he would be entitled if he were performing travel in connection with temporary duty without, in either case, the issuance of orders for specific travel.
- (f)
- (1) The travel and transportation allowances authorized under this section for a member who is separated from the service or released from active duty may be paid or provided only for travel actually performed.
- (2)
- (A) Except as provided in subparagraph (B), a member who is separated from the service or released from active duty and who—
- (i) on the date of his separation from the service or release from active duty, has not served on active duty for a period of time equal to at least 90 percent of the period of time for which he initially enlisted or otherwise initially agreed to serve; or
- (ii) is separated from the service or released from active duty under other than honorable conditions, as determined by the Secretary concerned;
- (B) Subparagraph (A) does not apply to a member—
- (i) who is retired, or is placed on the temporary disability retired list, under chapter 61 of title 10;
- (ii) who is separated from the service or released from active duty for a medical condition affecting the member, as determined by the Secretary concerned;
- (iii) who is separated from the service or released from active duty because the period of time for which the member initially enlisted or otherwise initially agreed to serve has been reduced by the Secretary concerned and is separated or released under honorable conditions;
- (iv) who is discharged under section 1173 of title 10 ; or
- (v) who is involuntarily separated from active duty during the period beginning on October 1, 1990 , and ending on December 31, 2001 .
- (A) Except as provided in subparagraph (B), a member who is separated from the service or released from active duty and who—
- (3) For purposes of entitlement to per diem in place of subsistence under subsection (d)(2), a member shall not be considered under subsection (a)(1) to be performing travel under orders away from his designated post of duty if such member—
- (A) is an enlisted member serving his first tour of active duty;
- (B) has not actually reported to a permanent duty station pursuant to orders directing such assignment; and
- (C) is not actually traveling between stations pursuant to orders directing a change of station.
- (4)
- (A) A member may be provided travel and transportation allowances under subsection (a)(6) only with respect to the filling of a vacancy in a Selected Reserve unit one time.
- (B) Regulations under this section shall provide that whenever travel and transportation allowances are paid under subsection (a)(6), the cost shall be borne by the unit filling the vacancy.
- (g)
- (1) Subject to paragraph (2), a member of the armed forces accompanying a Member of Congress or a congressional employee on official travel may be authorized reimbursement for actual travel and transportation expenses incurred for such travel.
- (2) The reimbursement authorized in paragraph (1) may be paid—
- (A) at a rate that does not exceed the rate approved for official congressional travel; and
- (B) only when the travel of the member is directed or approved by the Secretary of Defense or the Secretary concerned.
- (3) In this subsection:
- (A) The term “Member of Congress” means a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico.
- (B) The term “congressional employee” means an employee of a Member of Congress or an employee of Congress.
- (h) Under uniform regulations prescribed by the Secretaries concerned, a member of a uniformed service entitled to travel and transportation allowances under subsection (a) is entitled to reimbursement for parking fees, ferry fares, and bridge, road, and tunnel tolls actually incurred incident to such travel.
- (i)
- (1) In the case of a member of a reserve component performing active duty for training or inactive-duty training who is not otherwise entitled to travel and transportation allowances in connection with such duty under subsection (a), the Secretary concerned may reimburse the member for housing service charge expenses incurred by the member in occupying transient government housing during the performance of such duty. If transient government housing is unavailable or inadequate, the Secretary concerned may provide the member with lodging in kind in the same manner as members entitled to such allowances under subsection (a).
- (2) Any payment or other benefit under this subsection shall be provided in accordance with regulations prescribed by the Secretaries concerned.
- (3) The Secretary may pay service charge expenses under paragraph (1) and expenses of providing lodging in kind under such paragraph out of funds appropriated for operation and maintenance for the reserve component concerned. Use of Government charge cards is authorized for payment of these expenses.
- (4) Decisions regarding the availability or adequacy of government housing at a military installation under paragraph (1) shall be made by the installation commander.
- (j) In this section (except subsection (a)(6)), the term “involuntarily separated” has the meaning given that term in section 1141 of title 10 .
- (k) No travel and transportation allowance or reimbursement may be provided under this section for travel that begins after the travel authorities transition expiration date.
§ 474a. Travel and transportation allowances: temporary lodging expenses
- (a)
- (1) Under regulations prescribed by the Secretaries concerned, a member of a uniformed service who is ordered to make a change of permanent station described in paragraph (2) shall be paid or reimbursed for subsistence expenses of the member and the member’s dependents for the period (subject to subsection (c)) for which the member and dependents occupy temporary quarters incident to that change of permanent station.
- (2) Paragraph (1) applies to the following:
- (A) A permanent change of station from any duty station to a duty station in the United States (other than Hawaii or Alaska).
- (B) A permanent change of station from a duty station in the United States (other than Hawaii or Alaska) to a duty station outside the United States or in Hawaii or Alaska.
- (C) In the case of a member who is reporting to the member’s first permanent duty station, the change from the member’s home of record or initial technical school to that first permanent duty station.
- (b) The Secretary concerned may make any payment for subsistence expenses to a member under this section in advance of the member actually incurring the expenses. The amount of an advance payment made to a member shall be computed on the basis of the Secretary’s determination of the average number of days that members and their dependents occupy temporary quarters under the circumstances applicable to the member and the member’s dependents.
- (c)
- (1) In the case of a change of permanent station described in subparagraph (A) or (C) of subsection (a)(2), the period for which subsistence expenses are to be paid or reimbursed under this section may not exceed 10 days.
- (2) In the case of a change of permanent station described in subsection (a)(2)(B)—
- (A) the period for which such expenses are to be paid or reimbursed under this section may not exceed five days; and
- (B) such payment or reimbursement may be provided only for expenses incurred before leaving the United States (other than Hawaii or Alaska).
- (3) Whenever the conditions described in clause (i) or (ii) of subparagraph (A) of section 403(b)(7) of this title exist for a military housing area or portion thereof, the Secretary concerned may increase the period for which subsistence expenses are to be paid or reimbursed under this section in the case of a change of permanent station described in subparagraph (A) or (C) of subsection (a)(2) in the same military housing area or portion thereof to a maximum of 60 days.
- (d) Regulations prescribed under subsection (a) shall prescribe average daily subsistence rates for purposes of this section for the member and for each dependent. Such rates may not exceed the maximum per diem rates prescribed under section 474(d) of this title for the area where the temporary quarters are located.
- (e) A member may not be paid or reimbursed more than $290 a day under this section.
- (f) No payment or reimbursement may be provided under this section with respect to a change of permanent station for which orders are issued after the travel authorities transition expiration date.
§ 474b. Travel and transportation allowances: payment of lodging expenses at temporary duty location during authorized absence of member
- (a) The Secretary concerned may pay or reimburse a member of the armed forces assigned to temporary duty as described in subsection (b) for lodging expenses incurred by the member at the temporary duty location during an authorized absence of the member from the temporary duty location.
- (b) Subsection (a) applies with respect to a member assigned to temporary duty, for a period of more than 30 days, in support of a contingency operation or in other specific situations designated by the Secretary concerned if the member——
- (1) immediately before the authorized absence, was performing the temporary duty at a location away from the home or permanent duty station of the member;
- (2) was receiving a per diem allowance under section 474(a)(4) of this title to cover lodging and subsistence expenses incurred at the temporary duty location because quarters of the United States were not available for assignment to the member at that location; and
- (3) before the end of the authorized absence, returns to the duty location.
- (c) The amount paid or reimbursed under subsection (a) for a member may not exceed the lesser of—
- (1) the actual daily cost of lodging incurred by the member at the temporary duty location during the authorized absence of the member; and
- (2) the lodging portion of the applicable daily per diem rate for the temporary duty location.
- (d) In this section, the term “authorized absence”, with respect to a member, means that the member is in an authorized leave status or that the absence of the member is otherwise authorized under regulations prescribed by the Secretary concerned.
- (e) No payment or reimbursement may be provided under this section with respect to an authorized absence that begins after the travel authorities transition expiration date.
§ 475. Travel and transportation allowances: per diem while on duty outside the continental United States
- (a) Without regard to the monetary limitation of this title, the Secretary concerned may pay a per diem to a member of the uniformed services who is on duty outside of the continental United States, whether or not the member is in a travel status. The Secretary may pay the per diem in advance of the accrual of the per diem.
- (b) In determining the per diem to be paid under this section, the Secretary concerned shall consider all elements of the cost of living to members of the uniformed services under the Secretary’s jurisdiction and their dependents, including the cost of quarters, subsistence, and other necessary incidental expenses. However, dependents may not be considered in determining the per diem allowance for a member in a travel status.
- (c) Housing cost and allowance may be disregarded in prescribing a station cost of living allowance under this section.
- (d)
- (1) The Secretary concerned may reimburse a member of the uniformed services on duty as described in subsection (a) or (e) for an unusual or extraordinary expense incurred by the member incident to such duty that—
- (A) is directly related to the conditions or location of the duty or the location of the member’s dependents;
- (B) is of a nature or a magnitude not normally incurred by members of the uniformed services on duty inside the continental United States; and
- (C) is not included in the per diem determined under subsection (b) as payable to the member under subsection (a) or (e).
- (2) Any reimbursement provided to a member under paragraph (1) is in addition to a per diem payable to that member under subsection (a) or (e).
- (1) The Secretary concerned may reimburse a member of the uniformed services on duty as described in subsection (a) or (e) for an unusual or extraordinary expense incurred by the member incident to such duty that—
- (e) In the case of a member assigned to duty inside the continental United States whose dependents continue to reside outside the continental United States, the Secretary concerned may pay the member a per diem under this section based on the location of the dependents and provide reimbursement under subsection (d) for an unusual or extraordinary expense incurred by the dependents if the Secretary determines that such payment or reimbursement is in the best interest of the member or the member’s dependents and in the best interest of the United States.
- (f) During and after the travel authorities expiration date, no per diem may be paid under this section for any period.
§ 475a. 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).
- (c) During and after the travel authorities expiration date, no allowance under subsection (a) or transportation or reimbursement under subsection (b) may be provided with respect to an authority or order to depart.
§ 476. Travel and transportation allowances: dependents; baggage and household effects
- (a)
- (1) Except as provided in paragraph (2), a member of a uniformed service who is ordered to make a change of permanent station is entitled to transportation in kind, reimbursement therefor, or a monetary allowance in place of the cost of transportation, plus a per diem, for the member’s dependents at rates prescribed by the Secretaries concerned, but not more than the rate authorized under section 474(d) of this title . The Secretary concerned may also reimburse the member for mandatory pet quarantine fees for household pets, but not to exceed $550 per change of station, when the member incurs the fees incident to such change of station.
- (2)
- (A) Except as provided in subparagraph (B), a member who—
- (i) is separated from the service or released from active duty; and
- (ii) on the date of his separation from the service or release from active duty, has not served on active duty for a period of time equal to at least 90 percent of the period of time for which he initially enlisted or otherwise initially agreed to serve,
- (B) Subparagraph (A) does not apply to a member—
- (i) who is retired, or is placed on the temporary disability retired list, under chapter 61 of title 10;
- (ii) who is separated from the service or released from active duty for a medical condition affecting the member, as determined by the Secretary concerned;
- (iii) who is separated from the service or released from active duty because the period of time for which the member initially enlisted or otherwise initially agreed to serve has been reduced by the Secretary concerned and is separated or released under honorable conditions;
- (iv) who is discharged under section 1173 of title 10 ; or
- (v) who is involuntarily separated from active duty during the period beginning on October 1, 1990 , and ending on December 31, 2001 .
- (A) Except as provided in subparagraph (B), a member who—
- (3) The allowances authorized under this subsection may be paid in advance.
- (4) In this section, the term “involuntarily separated” has the meaning given that term in section 1141 of title 10 .
- (b)
- (1)
- (A) Except as provided in paragraph (2), in connection with a change of temporary or permanent station, a member is entitled to transportation (including packing, crating, drayage, temporary storage, and unpacking) of baggage and household effects within the weight allowances listed in subparagraph (C), without regard to the comparative costs of the various modes of transportation. Temporary storage in excess of 180 days may be authorized. Alternatively, the member may be paid reimbursement or a monetary allowance under subparagraph (F).
- (B) Subject to uniform regulations prescribed by the Secretaries concerned, in the case of a permanent change of station in which the Secretary concerned has authorized transportation of a motor vehicle under section 2634 1 1 See References in Text note below. of title 10 (except when such transportation is authorized from the old duty station to the new duty station), the member is entitled to a monetary allowance for transportation of that motor vehicle—
- (i) from the old duty station to—
- (I) the customary port of embarkation which is nearest the old duty station if delivery of the motor vehicle to the port of embarkation is not made in conjunction with the member’s travel to the member’s port of embarkation; or
- (II) the customary port of embarkation which is nearest to the member’s port of embarkation if delivery of the motor vehicle to the port of embarkation is made in conjunction with the member’s travel to the member’s port of embarkation;
- (ii) from the customary port of debarkation which has been designated by the Government as most cost-effective for the Government considering all operational, travel, and transportation requirements incident to such change of station to the new duty station.
- (i) from the old duty station to—
- (C) Under regulations prescribed by the Secretary of Defense, the weight allowance in pounds to which a member is entitled under subparagraph (A) is determined in accordance with the following table: Pay Grade Without Dependents With Dependents O–10 to O–6 18,000 18,000 O–5 16,000 17,500 O–4 14,000 17,000 O–3 13,000 14,500 O–2 12,500 13,500 O–1 10,000 12,000 W–5 16,000 17,500 W–4 14,000 17,000 W–3 13,000 14,500 W–2 12,500 13,500 W–1 10,000 12,000 E–9 13,000 15,000 E–8 12,000 14,000 E–7 11,000 13,000 E–6 8,000 11,000 E–5 7,000 9,000 E–4 7,000 8,000 E–3 5,000 8,000 E–2 5,000 8,000 E–1 5,000 8,000
- (D)
- (i) In connection with the change of temporary or permanent station of a member in a pay grade below pay grade O–6, the Secretary concerned may authorize a higher weight allowance than the weight allowance determined under subparagraph (C) for the member if the Secretary concerned determines that the application of the weight allowance determined under such subparagraph would result in significant hardship to the member or the dependents of the member. An increase in weight allowance under this clause may not result in a weight allowance exceeding the weight allowance specified in subparagraph (C) for pay grades O–6 to O–10, unless the additional weight allowance in excess of such maximum is intended to permit the shipping of consumables that cannot be reasonably obtained at the new station of the member.
- (ii) In addition to the weight allowance authorized for such member with dependents under paragraph (C), the Secretary concerned may authorize up to an additional 500 pounds in weight allowance for shipment of professional books and equipment belonging to the spouse of such member.
- (iii) The Secretary of Defense shall prescribe regulations to carry out this subparagraph.
- (E) Under regulations prescribed by the Secretary of Defense, or the Secretary of Homeland Security for the Coast Guard when it is not operating as a service in the Navy, cadets at the United States Military Academy, the United States Air Force Academy, and the United States Coast Guard Academy, and midshipmen at the United States Naval Academy shall be entitled, in connection with temporary or permanent station change, to transportation of baggage and household effects as provided in subparagraph (A). The weight allowance for cadets and midshipmen is 350 pounds.
- (F) A member entitled to transportation of baggage and household effects under subparagraph (A) may, as an alternative to the provision of transportation, be paid reimbursement or, at the member’s request, a monetary allowance in advance for the cost of transportation of the baggage and household effects. The monetary allowance may be paid only if the amount of the allowance does not exceed the cost that would be incurred by the Government under subparagraph (A) for the transportation of the baggage and household effects. Appropriations available to the Department of Defense, the Department of Homeland Security, and the Department of Health and Human Services for providing transportation of baggage or household effects of members of the uniformed services shall be available to pay a reimbursement or monetary allowance under this subparagraph. The Secretary concerned may prescribe the manner in which the risk of liability for damage, destruction, or loss of baggage or household effects arranged, packed, crated, or loaded by a member is allocated among the member, the United States, and any contractor when a reimbursement or monetary allowance is elected under this subparagraph.
- (G) Under regulations prescribed by the Secretary of Defense, the Secretary concerned may pay a member a share (determined pursuant to such regulations) of the savings resulting to the United States when the total weights of the member’s baggage and household effects shipped and stored under subparagraph (A) are less than the average weights of the baggage and household effects that are shipped and stored, respectively, by other members in the same grade and with the same dependents status as the member in connection with changes of station that are comparable to the member’s change of station. The total savings shall be equal to the difference between the cost of shipping and cost of storing such average weights of baggage and household effects, respectively, and the corresponding costs associated with the weights of the member’s baggage and household effects. For the administration of this subparagraph, the Secretary of Defense shall annually determine the average weights of baggage and household effects shipped and stored in connection with a change of temporary or permanent station.
- (H)
- (i) Except as provided in paragraph (2) and subject to clause (iii), in connection with an evacuation from a permanent station located in a foreign area, a member is entitled to transportation (including shipment and payment of any quarantine costs) of family household pets.
- (ii) A member entitled to transportation under clause (i) may be paid reimbursement or, at the member’s request, a monetary allowance in accordance with the provisions of subparagraph (F) if the member secures by commercial means shipment and any quarantining of the pets otherwise subject to transportation under clause (i).
- (iii) The provision of transportation under clause (i) and the payment of reimbursement under clause (ii) shall be subject to such regulations as the Secretary of Defense shall prescribe with respect to members of the armed forces for purposes of this subparagraph. Such regulations may specify limitations on the types, size, and number of pets for which transportation may be provided or reimbursement paid.
- (2) The transportation and allowances authorized under paragraph (1) may be paid or provided to a member upon his separation from the service or release from active duty only if the member applies for the transportation and allowances not later than 180 days after the date of his separation or release from active duty. If a member to whom this paragraph applies has been authorized nontemporary storage under subsection (d), the 180-day period shall not begin until such authorization for nontemporary storage expires. This paragraph does not apply to a member to whom subsection (g)(1) applies.
- (1)
- (c) The allowances and transportation authorized by subsections (a) and (b) are in addition to those authorized by sections 403(c), 474, and 475 of this title and are—
- (1) subject to such conditions and limitations;
- (2) for such grades, ranks, and ratings; and
- (3) to and from such places;
- (d) The nontemporary storage of baggage and household effects may be authorized in facilities of the United States, or in commercial facilities when it is considered to be more economical to the United States. However, the weight of baggage and household effects stored, plus the weight of the baggage and household effects transported, in connection with a change of station may not be more than the maximum weight limitations in regulations prescribed by the Secretaries concerned when it is not otherwise fixed by law. In the event a member’s baggage and household effects exceed such maximum weight limitation, the Secretary concerned, if requested to do so by the member, may pay the costs for the nontemporary storage of that excess weight and collect the amount paid from the member’s pay and allowances, or collect the amount in such other manner as the Secretary concerned determines appropriate. The nontemporary storage of baggage and household effects may not be authorized for a period longer than one year from the date the member concerned is separated from the service, retired, placed on the temporary disability retired list, discharged, or released from active duty, except as prescribed in regulations by the Secretaries concerned for a member who, on that date, or at any time during the one-year period following that date, is confined in a hospital, or is in its vicinity, undergoing medical treatment; or in the case of a member who—
- (1) is retired, or is placed on the temporary disability retired list, under chapter 61 of title 10; or
- (2) is retired with pay under any other law, or, immediately following at least eight years of continuous active duty with no single break therein of more than 90 days, is discharged with separation pay or severance pay or is involuntarily released from active duty with separation pay or readjustment pay.
- (e) When orders directing a change of permanent station for the member concerned have not been issued, or when they have been issued but cannot be used as authority for the transportation of his dependents, baggage, and household effects, the Secretaries concerned may authorize the movement of the dependents, baggage, and household effects and prescribe transportation in kind, reimbursement therefor, or a monetary allowance in place thereof (as the case may be), plus a per diem, as authorized under subsection (a) or (b). This subsection may be used only under unusual or emergency circumstances, including those in which—
- (1) the member is performing duty at a place designated by the Secretary concerned as being within a zone from which dependents should be evacuated;
- (2) orders which direct the member’s travel in connection with temporary duty do not provide for return to the permanent station or do not specify or imply any limit to the period of absence from his permanent station; or
- (3) the member is serving on permanent duty at a station outside the United States, in Hawaii or Alaska, or on sea duty.
- (f)
- (1) Under regulations prescribed by the Secretary concerned, transportation for dependents, baggage, and household effects of a member, plus a per diem for the member’s dependents, is authorized if the member dies while entitled to basic pay under chapter 3 of this title.
- (2) The Secretary concerned shall give the dependents of a member described in paragraph (1) a period of not less than three years, beginning on the date of the death of the member, during which to select a home for the purposes of the travel and transportation allowances authorized by this section.
- (g)
- (1) Under uniform regulations prescribed by the Secretaries concerned, a member who—
- (A) is retired, or is placed on the temporary disability retired list, under chapter 61 of title 10;
- (B) is retired with pay under any other law, or, immediately following at least eight years of continuous active duty with no single break therein of more than 90 days, is discharged with separation pay or severance pay or is involuntarily released from active duty with separation pay or readjustment pay; or
- (C) is involuntarily separated from active duty during the period beginning on October 1, 1990 , and ending on December 31, 2001 ,
- (2) If baggage and household effects of a member are shipped to a place selected by a member as his home under section 474(c) of this title that is not a place described in clause (A) or (B) of section 474(c)(2) of this title or to a location other than the home selected by the member, or if transportation is provided for a member’s dependents to a place selected by the member as his home under section 474(c) of this title that is not a place described in clause (A) or (B) of section 474(c)(2) of this title , and the costs of that shipment or transportation are in excess of those that would have been incurred if the shipment had been made or the transportation had been provided to a location in the United States (other than Alaska or Hawaii), the member shall pay that excess cost.
- (3) If a member authorized to select a home under section 474(c) of this title accrues that right or any entitlement under this subsection but dies before the member exercises the right or entitlement, that right or entitlement accrues to and may be exercised by the surviving dependents at any time before the end of the three-year period beginning on the date on which the member accrued that right or entitlement. If there are no surviving dependents, the baggage and household effects of the deceased member may be shipped to the home of the person legally entitled to such baggage and effects. However, if baggage and household effects are shipped under circumstances described in paragraph (2) in which the member would have been required to pay the excess costs of that shipment, the surviving dependents or the person legally entitled to the baggage and household effects, as the case may be, shall pay that excess cost.
- (1) Under uniform regulations prescribed by the Secretaries concerned, a member who—
- (h)
- (1) If the Secretary concerned determines that it is in the best interests of a member described in paragraph (2) or the member’s dependents and the United States, the Secretary may, when orders directing a change of permanent station for the member concerned have not been issued, or when they have been issued but cannot be used as authority for the transportation of the member’s dependents, baggage, and household effects—
- (A) authorize the movement of the member’s dependents, baggage, and household effects at the station to an appropriate location in the United States or its possessions or, if the dependents are foreign nationals, to the country of the dependents’ origin and prescribe transportation in kind, reimbursement therefor, or a monetary allowance in place thereof, as the case may be, plus a per diem, as authorized under subsection (a) or (b); and
- (B) in the case of a member described in paragraph (2)(A), authorize the transportation of one motor vehicle, which is owned or leased by the member (or a dependent of the member) and is for the personal use of a dependent of the member, to that location by means of transportation authorized under section 2634 1 of title 10 or authorize the storage of the motor vehicle pursuant to subsection (b) of such section.
- (2) A member referred to in paragraph (1) is a member who—
- (A) is serving at a station outside the United States or in Hawaii or Alaska;
- (B) receives an administrative discharge under other than honorable conditions; or
- (C) is sentenced by a court-martial—
- (i) to be confined for a period of more than 30 days,
- (ii) to receive a dishonorable or bad-conduct discharge, or
- (iii) to be dismissed from a uniformed service.
- (3) If a motor vehicle of a member (or a dependent of the member) that is transported at the expense of the United States under this subsection 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).
- (4)
- (A) If a determination described in subparagraph (B) is made with respect to a dependent of a member described in that subparagraph and a request described in subparagraph (C) is made by or on behalf of that dependent, the Secretary may provide a benefit authorized for a member under paragraph (1) or (3) to that dependent in lieu of providing such benefit to the member.
- (B) A determination described in this subparagraph is a determination by the commanding officer of a member that—
- (i) the member has committed a dependent-abuse offense against a dependent of the member;
- (ii) a safety plan and counseling have been provided to that dependent;
- (iii) the safety of the dependent is at risk; and
- (iv) the relocation of the dependent is advisable.
- (C) A request described in this subparagraph is a request by the spouse of a member, or by the parent of a dependent child in the case of a dependent child of a member, for relocation.
- (D) Transportation may be provided under this paragraph for household effects or a motor vehicle only if a written agreement of the member, or an order of a court of competent jurisdiction, gives possession of the effects or vehicle to the spouse or dependent of the member concerned.
- (E) In this paragraph, the term “dependent-abuse offense” means an offense described in section 1059(c) of title 10 .
- (1) If the Secretary concerned determines that it is in the best interests of a member described in paragraph (2) or the member’s dependents and the United States, the Secretary may, when orders directing a change of permanent station for the member concerned have not been issued, or when they have been issued but cannot be used as authority for the transportation of the member’s dependents, baggage, and household effects—
- (i) A member traveling under orders who is relieved from a duty station is entitled to transportation for his dependents, baggage, and household effects, plus a per diem for the member’s dependents, regardless of the time the dependents, baggage, or household effects arrive at their destination. Appropriations of the Department of Defense available for travel or transportation that are current when the member is relieved may be used to pay for the transportation.
- (j) Under uniform regulations prescribed by the Secretaries concerned, a member with dependents who is ordered to make an overseas permanent change of station and who, in anticipation of his dependents accompanying him overseas, ships baggage and household effects to that overseas station, may be authorized a return shipment of the baggage and household effects if, after the shipment, the member’s dependents are unable to accompany him overseas and the Secretary concerned determines that such inability was unexpected and uncontrollable.
- (k) A member of the armed forces who relocates from leased or rental housing by reason of the foreclosure of such housing is entitled to transportation of baggage and household effects under subsection (b)(1) in the same manner, and subject to the same conditions and limitations, as similarly circumstanced members entitled to transportation of baggage and household effects under that subsection.
- (l)
- (1) A member described in paragraph (2) is entitled to the travel and transportation allowances, including allowances with respect to dependents, authorized by this section upon filling a vacancy as described in that paragraph as if the member were undergoing a permanent change of station under orders in filling such vacancy.
- (2) A member described in this paragraph is a member who is filling a vacancy in a Selected Reserve unit at a duty station that is more than 150 miles from the member’s residence if—
- (A) during the three years preceding filling the vacancy, the member was involuntarily separated under other than adverse conditions (as characterized by the Secretary concerned) while assigned to a unit of the Selected Reserve certified by the Secretary concerned as having been adversely affected by force structure reductions during the period beginning on October 1, 2012 , and ending on December 31, 2018 ;
- (B) the involuntary separation occurred during the period beginning on October 1, 2012 , and ending on December 31, 2018 ; and
- (C) the member is—
- (i) qualified in a skill designated as critically short by the Secretary concerned; or
- (ii) filling a vacancy in a Selected Reserve unit with a critical manpower shortage, or in a pay grade with a critical manpower shortage in such unit.
- (3) Any allowances authorized by this section that are payable under this subsection may be payable in advance if payable in advance to a member undergoing a permanent change of station under orders under the applicable provision of this section.
- (m) For the purposes of this section, the residence of a dependent of a member who is a student not living with the member while at school shall be considered to be the permanent duty station of the member or the designated residence of dependents of the member if the member’s dependents are not authorized to reside with the member.
- (n) No carrier, port agent, warehouseman, freight forwarder, or other person involved in the transportation of property may have any lien on, or hold, impound, or otherwise interfere with, the movement of baggage and household goods being transported under this section.
- (o) No transportation, reimbursement, allowance, or per diem may be provided under this section—
- (1) with respect to a change of temporary or permanent station for which orders are issued after the travel authorities transition expiration date; or
- (2) in a case covered by this section when such orders are not issued, with respect to a movement of baggage or household effects that begins after such date.
- (p)
- (1) From amounts otherwise made available for a fiscal year to provide travel and transportation allowances under this chapter, the Secretary concerned may reimburse a member of the uniformed services for qualified relicensing costs of the spouse of the member when—
- (A) the member is reassigned, either as a permanent change of station or permanent change of assignment, from a duty station in one State to a duty station in another State; and
- (B) the movement of the member’s dependents is authorized at the expense of the United States under this section as part of the reassignment.
- (2) Reimbursement provided to a member under this subsection may not exceed $1,000 in connection with each reassignment described in paragraph (1).
- (3) Not later than December 31, 2021 , the Secretary of Defense, in consultation with the Secretary of Homeland Security with respect to the Coast Guard, shall submit to the congressional defense committees, the Committee on Homeland Security and Government Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives a report—
- (A) describing the extent to which the reimbursement authority provided by this subsection has been used;
- (B) containing a recommendation by the Secretaries regarding whether the authority should be extended beyond the date specified in paragraph (4); and
- (C) an analysis of whether the maximum reimbursement amount under paragraph (2) is sufficient to cover the average costs of relicensing described in paragraph (1).
- (4) No reimbursement may be provided under this subsection for qualified relicensing costs paid or incurred after December 31, 2024 .
- (5) In this subsection, the term “qualified relicensing costs” means costs, including exam and registration fees, that—
- (A) are imposed by the State of the new duty station to secure a license or certification to engage in the same profession that the spouse of the member engaged in while in the State of the original duty station; and
- (B) are paid or incurred by the member or spouse to secure the license or certification from the State of the new duty station after the date on which the orders directing the reassignment described in paragraph (1) are issued.
- (1) From amounts otherwise made available for a fiscal year to provide travel and transportation allowances under this chapter, the Secretary concerned may reimburse a member of the uniformed services for qualified relicensing costs of the spouse of the member when—
§ 476a. Travel and transportation allowances: authorized for travel performed under orders that are canceled, revoked, or modified
- (a) Under uniform regulations prescribed by the Secretaries concerned, a member of a uniformed service is entitled to travel and transportation allowances under section 474 of this title , and to transportation of his dependents, baggage, and household effects under sections 476 and 479 of this title, if otherwise qualified, for travel performed before the effective date of orders that direct him to make a change of station and that are later—
- (1) canceled, revoked, or modified to direct him to return to the station from which he was being transferred; or
- (2) modified to direct him to make a different change of station.
- (b) No transportation or travel or transportation allowance may be provided under this section for travel that begins after the travel authorities transition expiration date.
§ 476b. Travel and transportation allowances: members of the uniformed services attached to a ship overhauling or inactivating
- (a) 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 474(d)(3) of this title for round-trip travel from the port of overhaul or inactivation to the home port on or after after the thirty-first calendar day, and every sixtieth calendar day after the thirty-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. However, 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.
- (b) Transportation in kind, reimbursement for personally procured transportation, or a monetary allowance in place of the cost of transportation as provided in section 474(d)(1) of this title may be provided, in lieu of the member’s entitlement to transportation, for the member’s dependents from the location that was the home port of the ship before commencement of overhaul or inactivation to the port of overhaul or inactivation. The total reimbursement for transportation for the member’s dependents may not exceed the cost of Government-procured commercial round-trip travel.
- (c) In any case in which a member of the uniformed services is assigned to permanent duty aboard a ship that undergoes a change of home port to the overhaul or inactivation port, the dependents of the member may be provided transportation allowances prescribed in subsections (a) and (b) in lieu of the transportation authorized by section 476 of this title and section 2634 1 1 See References in Text note below. of title 10.
- (d) Section 421 of this title does not apply with respect to transportation or allowances provided under this section.
- (e) No transportation or allowance may be provided under this section for travel that begins after the travel authorities transition expiration date.
§ 476c. Travel and transportation allowances: members assigned to a vessel under construction
- (a)
- (1) Under regulations prescribed by the Secretary concerned, a member of the uniformed services who is assigned to permanent duty aboard a ship that is under construction at a location other than—
- (A) the designated home port of the ship; or
- (B) the area where the dependents of the member are residing,
- (2) A member referred to in paragraph (1) shall be entitled to such transportation or allowance on or after the thirty-first day (and every sixtieth day after the thirty-first day) after the later of—
- (A) the date on which the ship enters the construction port; and
- (B) the date on which the member becomes permanently assigned to the ship.
- (3) The amount of reimbursement for personally procured transportation or the allowance for transportation under this subsection may not exceed the cost of Government-procured commercial round-trip air travel.
- (1) Under regulations prescribed by the Secretary concerned, a member of the uniformed services who is assigned to permanent duty aboard a ship that is under construction at a location other than—
- (b)
- (1) In lieu of the entitlement of a member of the uniformed services to transportation under subsection (a), the Secretary concerned may provide transportation in kind, reimbursement for personally procured transportation, or a monetary allowance in place of the cost of transportation as provided in section 474(d)(1) of this title for the travel of the dependents of the member from the designated home port of the ship, or the area where the dependents of the member are residing, to the port of construction.
- (2) The total reimbursement for transportation for the member’s dependents under paragraph (1) may not exceed the cost of Government-procured commercial round-trip travel.
- (c) In any case in which a member of the uniformed services assigned to permanent duty aboard a ship that undergoes a change of home port to the port at which the ship is being constructed, the dependents of such member may be provided the transportation allowances prescribed in subsections (a) and (b) in lieu of the transportation authorized by section 476 of this title and section 2634 1 1 See References in Text note below. of title 10.
- (d) Section 420 of this title does not apply with respect to transportation or allowances provided under this section.
- (e) No transportation or allowance may be provided under this section for travel that begins after the travel authorities transition expiration date.
§ 477. Travel and transportation allowances: dislocation allowance
- (a)
- (1) Under regulations prescribed by the Secretary concerned, a member of a uniformed service described in paragraph (2) is entitled to a primary dislocation allowance at the rate determined under subsection (c) for the member’s pay grade and dependency status.
- (2) A member of the uniformed services referred to in paragraph (1) is any of the following:
- (A) A member who makes a change of permanent station and the member’s dependents actually make an authorized move in connection with the change, including a move by the dependents—
- (i) to join the member at the member’s duty station after an unaccompanied tour of duty when the member’s next tour of duty is an accompanied tour at the same station; and
- (ii) to a location designated by the member after an accompanied tour of duty when the member’s next tour of duty is an unaccompanied tour at the same duty station.
- (B) A member whose dependents actually move pursuant to section 475a(a), 476(e), 476(h), or 484 of this title.
- (C) A member whose dependents actually move from their place of residence under circumstances described in section 476a of this title .
- (D) A member who is without dependents and—
- (i) actually moves to a new permanent station where the member is not assigned to quarters of the United States; or
- (ii) actually moves from a place of residence under circumstances described in section 476a of this title .
- (E) A member who is ordered to move in connection with the closure or realignment of a military installation and, as a result, the member’s dependents actually move or, in the case of a member without dependents, the member actually moves.
- (F) A member whose dependents actually move from the member’s place of residence in connection with the performance of orders for the member to report to the member’s first permanent duty station if the move—
- (i) is to the permanent duty station or a designated location; and
- (ii) is an authorized move.
- (G) Each of two members married to each other who—
- (i) is without dependents;
- (ii) actually moves with the member’s spouse to a new permanent duty station; and
- (iii) is assigned to family quarters of the United States at or in the vicinity of the new duty station.
- (A) A member who makes a change of permanent station and the member’s dependents actually make an authorized move in connection with the change, including a move by the dependents—
- (3) If a primary dislocation allowance is paid under this subsection to a member described in subparagraph (C) or (D)(ii) of paragraph (2), the member is not entitled to another dislocation allowance as a member described in subparagraph (A) or (E) of such paragraph in connection with the same move.
- (4) If a primary dislocation allowance is payable to two members described in paragraph (2)(G) who are married to each other, the amount of the allowance payable to such members shall be the amount otherwise payable under this subsection to the member in the higher pay grade, or to either member if both members are in the same pay grade. The allowance shall be paid jointly to both members.
- (b)
- (1) Under regulations prescribed by the Secretary concerned, whenever a member is entitled to a primary dislocation allowance under subsection (a) as a member described in paragraph (2)(C) or (2)(D)(ii) of such subsection, the member is also entitled to a secondary dislocation allowance at the rate determined under subsection (c) for the member’s pay grade and dependency status if, subsequent to the member or the member’s dependents actually moving from their place of residence under circumstances described in section 476a of this title , the member or member’s dependents complete that move to a new location and then actually move from that new location to another location also under circumstances described in section 476a of this title .
- (2) If a secondary dislocation allowance is paid under this subsection, the member is not entitled to a dislocation allowance as a member described in paragraph (2)(A) or (2)(E) of subsection (a) in connection with those moves.
- (c)
- (1) The amount of the dislocation allowance to be paid under this section to a member shall be based on the member’s pay grade and dependency status at the time the member becomes entitled to the allowance, except that the Secretary concerned may not differentiate between members with dependents in pay grades E–1 through E–5.
- (2) The initial rate for the dislocation allowance, for each pay grade and dependency status, shall be equal to the rate in effect for that pay grade and dependency status on December 31, 1997 , as adjusted by the average percentage increase in the rates of basic pay for calendar year 1998. Effective on the same date that the monthly rates of basic pay for members are increased for a subsequent calendar year, the Secretary of Defense shall adjust the rates for the dislocation allowance for that calendar year by the percentage equal to the average percentage increase in the rates of basic pay for that calendar year.
- (d)
- (1) A member is not entitled to more than one dislocation allowance under this section during a fiscal year unless—
- (A) the Secretary concerned finds that the exigencies of the service require the member to make more than one change of permanent station during the fiscal year;
- (B) the member is ordered to a service school as a change of permanent station;
- (C) the member’s dependents are covered by section 475a(a), 476(e), 476(h), or 484 of this title; or
- (D) subparagraph (C) or (D)(ii) of subsection (a)(2) or subsection (b) apply with respect to the member or the member’s dependents.
- (2) This subsection does not apply in time of national emergency or in time of war.
- (1) A member is not entitled to more than one dislocation allowance under this section during a fiscal year unless—
- (e) A member is not entitled to payment of a dislocation allowance under this section when the member is ordered from the member’s home to the member’s first duty station (except as provided in subsection (a)(2)(F)) or from the member’s last duty station to the member’s home.
- (f)
- (1) Under regulations prescribed by the Secretary concerned, a member ordered to occupy or vacate housing provided by the United States to permit the privatization or renovation of housing or for any other reason (other than pursuant to a permanent change of station) may be paid a partial dislocation allowance of $500.
- (2) Effective on the same date that the monthly rates of basic pay for all members are increased under section 1009 of this title or another provision of law, the Secretary of Defense shall adjust the rate of the partial dislocation allowance authorized by this subsection by the percentage equal to the average percentage increase in the rates of basic pay.
- (3) Subsections (c) and (d) do not apply to the partial dislocation allowance authorized by this subsection.
- (g) For purposes of this section, a member whose dependents may not make an authorized move in connection with a change of permanent station is considered a member without dependents.
- (h) A dislocation allowance payable under this section may be paid in advance.
- (i) No dislocation allowance may be paid under this section for a move that begins after the travel authorities transition expiration date.
§ 478. Travel and transportation allowances: travel within limits of duty station
- (a) A member of a uniformed service may be directed, by regulations of the head of the department or agency in which he is serving, to procure transportation necessary for conducting official business of the United States within the limits of his station. Expenses so incurred by the member for train, bus, streetcar, taxicab, ferry, bridge, and similar fares and tolls, or for the use of privately owned vehicles at a fixed rate a mile plus parking fees, shall be defrayed by the department or agency under which he is serving, or the member is entitled to be reimbursed for the expense.
- (b)
- (1) Under regulations prescribed by the Secretary concerned, a member of a uniformed service who performs emergency duty described in paragraph (2) is entitled to travel and transportation allowances under section 474 of this title for that duty.
- (2) The emergency duty referred to in paragraph (1) is duty that—
- (A) is performed by a member under emergency circumstances that threaten injury to property of the Federal Government or human life;
- (B) is performed at a location within the limits of the member’s station (other than at the residence or normal duty location of the member);
- (C) is performed pursuant to the direction of competent authority; and
- (D) requires the member’s use of overnight accommodations.
- (c) No travel or transportation allowance, payment, or reimbursement may be provided under this section for travel that begins after the travel authorities transition expiration date.
§ 478a. Travel and transportation allowances: inactive duty training outside of normal commuting distances
- (a) The Secretary concerned may reimburse an eligible member of the Selected Reserve of the Ready Reserve for travel expenses for travel to an inactive duty training location to perform inactive duty training when the member is required to commute a distance from the member’s permanent residence to the inactive duty training location that is outside the normal commuting distance (as determined under the regulations prescribed under subsection (d)) for that commute.
- (b) To be eligible for reimbursement under subsection (a), a member of the Selected Reserve of the Ready Reserve must be—
- (1) qualified in a skill designated as critically short by the Secretary concerned;
- (2) assigned to a unit of the Selected Reserve with a critical manpower shortage or in a pay grade in the member’s reserve component with a critical manpower shortage; or
- (3) assigned to a unit or position that is disestablished or relocated as a result of defense base closure or realignment or another force structure reallocation.
- (c)
- (1) Except as provided by paragraph (2), the amount of reimbursement provided a member under subsection (a) for each round trip to a training location may not exceed $300.
- (2) The Secretary concerned may authorize, on a case-by-case basis, a higher reimbursement amount for a member under subsection (a) when the member—
- (A) resides—
- (i) in the same State as the training location; and
- (ii) outside of an urbanized area with a population of 50,000 or more, as determined by the Bureau of the Census; and
- (B) is required to commute to a training location—
- (i) using an aircraft or boat on account of limited or nonexistent vehicular routes to the training location or other geographical challenges; or
- (ii) from a permanent residence located more than 75 miles from the training location.
- (A) resides—
- (d) The Secretary concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department shall be subject to the approval of the Secretary of Defense.
- (e) No reimbursement may be provided under this section for travel that occurs after December 31, 2018 .
§ 479. 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 476 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.
- (e) No transportation of a house trailer or mobile home, or storage or payment in connection therewith, may be provided under this section for transportation that begins after the travel authorities transition expiration date.
§ 480. Travel and transportation allowances: miscellaneous categories
- (a) The following persons are entitled to such travel and transportation allowances provided by section 474 of this title as prescribed by the Secretaries concerned—
- (1) cadets of the United States Military Academy;
- (2) midshipmen of the United States Naval Academy;
- (3) cadets of the United States Air Force Academy;
- (4) cadets of the Coast Guard Academy;
- (5) applicants for enlistment;
- (6) rejected applicants for enlistment;
- (7) general prisoners;
- (8) discharged prisoners;
- (9) insane patients transferred from military hospitals to other hospitals or to their homes; and
- (10) persons discharged from Saint Elizabeths Hospital after transfer from a uniformed service.
- (b) The Secretary concerned shall, in prescribing allowances under subsection (a), consider the rights of the United States, as well as those of the persons concerned.
- (c) No travel or transportation allowance may be provided under this section for travel that begins after the travel authorities transition expiration date.
§ 481. Travel and transportation allowances: administrative provisions
- (a) For the administration of sections 474(a), (b), and (d)–(f), 474a, 475, 475a, 476(a)–(f), 477, 479, and 480 of this title, the Secretaries concerned shall prescribe regulations that are, as far as practicable, uniform for all of the uniformed services.
- (b) In establishing the rates and kinds of allowances authorized by the sections of this title designated by subsection (a), the Secretaries concerned shall—
- (1) consider the average cost of common carrier transportation when prescribing a monetary allowance in place of transportation;
- (2) consider the current economic data on the cost of subsistence, including lodging and other necessary incidental expenses related thereto, when prescribing per diem rates and designating areas as high cost areas; and
- (3) consider the average cost of transportation and current economic data on the cost of subsistence, including lodging and other necessary incidental expenses relating thereto, when prescribing mileage allowances.
- (c) The Secretaries concerned shall determine what constitutes a travel status for the purposes of the sections of this title designated by subsection (a).
- (d) The Secretary concerned shall define the term “permanent station” for the purposes of the sections of this title designated by subsection (a). The definition shall include a shore station or the home yard or home port of a vessel to which a member of a uniformed service who is entitled to basic pay may be ordered. An authorized change in the home yard or home port of such a vessel is a change of permanent station.
- (e) The regulations prescribed under this section shall cease to be in effect as of the travel authorities transition expiration date.
§ 481a. Travel and transportation allowances: travel performed in connection with convalescent leave
§ 481a. Travel and transportation allowances: travel performed in connection with convalescent leave
- (a) Under uniform regulations prescribed by the Secretaries concerned, a member of a uniformed service is entitled to travel and transportation allowances for travel from his place of medical treatment in the continental United States to a place selected by him and approved by the Secretary concerned, and return, when the Secretary concerned determines that the member is traveling in connection with authorized leave for convalescence from illness or injury incurred while the member was eligible for the receipt of hostile fire pay under section 310 or 351 of this title.
- (b) The allowances prescribed under this section may not be at rates more than the rates authorized under section 474(d)(1) of this title . Authorized travel under this section is performed in a duty status.
- (c) No travel and transportation allowance may be provided under this section for travel that is authorized after the travel authorities transition expiration date.
§ 481b. Travel and transportation allowances: travel performed in connection with leave between consecutive overseas tours
- (a) Under uniform regulations prescribed by the Secretaries concerned, a member of a uniformed service stationed outside the continental United States who is ordered to a consecutive tour of duty at the same duty station or who is ordered to make a change of permanent station to another duty station outside the continental United States 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 and from that place to his designated post of duty. Such allowances may be paid for the member and for the dependents of the member who are authorized to, and do, accompany him at his duty stations.
- (b)
- (1) Under the regulations referred to in subsection (a), a member may defer the travel for which the member is paid travel and transportation allowances under this section until any time before the completion of the consecutive tour at the same duty station or the completion of the tour of duty at the new duty station under the order involved, as the case may be.
- (2) If a member is unable to undertake the travel before expiration of the deferral period under paragraph (1) because of duty in connection with a contingency operation, the member may defer the travel until not more than one year after the date on which the member’s duty in connection with the contingency operation ends.
- (c) The allowances prescribed under this section may not exceed the rate authorized under section 474(d) of this title . Authorized travel under this section is performed in a duty status.
- (d) No travel and transportation allowance may be provided under this section for travel that is authorized after the travel authorities transition expiration date.
§ 481c. Travel and transportation allowances: travel performed in connection with rest and recuperative leave from certain stations in foreign countries
- (a) Under uniform regulations prescribed by the Secretaries concerned, a member of a uniformed service who is serving at a duty station outside the United States in an area specifically designated for the purposes of this section by the Secretary concerned may be paid for or provided transportation for himself and his dependents authorized to reside at his duty station—
- (1) to another location outside the United States having different social, climatic, or environmental conditions than those at the duty station at which the member is serving; or
- (2) to a location in the United States.
- (b) When the transportation authorized by subsection (a) is provided by the Secretary concerned, the Secretary may use Government or commercial carriers. The Secretary concerned may limit the amount of payments made to members under subsection (a).
- (c) No transportation may be provided under this section after the travel authorities transition expiration date, and no payment may be made under this section for transportation that begins after that date.
§ 481d. Travel and transportation allowances: transportation incident to personal emergencies for certain members and dependents
- (a) Under uniform regulations prescribed by the Secretaries concerned, transportation in accordance with subsection (b) may be provided for a member of a uniformed service and for dependents of that member authorized to reside at the member’s duty station (or authorized to reside at another location and receive a station allowance) incident to emergency leave granted for reasons of a personal emergency (or in the case of transportation provided only for a dependent, under circumstances involving a personal emergency similar to the circumstances for which emergency leave could be granted a member).
- (b)
- (1) In the case of a member stationed outside the continental United States and the dependents of such a member, transportation under this section may be provided from the location of the member or dependents, at the time notification of the personal emergency is received, or the member’s permanent duty station (and if the member’s dependents reside at another overseas location and receive a station allowance, from that location)—
- (A) to the international airport in the continental United States closest to the location from which the member and his dependents departed;
- (B) to any airport in the continental United States to which travel can be arranged at the same or a lower cost as travel obtained under subparagraph (A); or
- (C) to an airport in Alaska, Hawaii, the Commonwealth of Puerto Rico, any possession of the United States, or any other location outside the continental United States, as determined by the Secretary concerned.
- (2) In the case of a member whose domicile is outside the continental United States and who is stationed in the continental United States and the dependents of such a member, transportation under this section may be provided from the international airport in the continental United States nearest the location of the member and dependents at the time notification of the personal emergency is received or the international airport nearest the member’s permanent duty station to an international airport in Alaska, Hawaii, the Commonwealth of Puerto Rico, a possession of the United States, or any other location outside the continental United States, as determined by the Secretary concerned.
- (3) In the case of a member stationed outside the continental United States whose dependents reside in the continental United States, transportation under this section may be provided for the member as described in paragraph (1) and for the dependents as described in paragraph (2).
- (4) Whenever transportation is provided under this section, return transportation may be provided to the location from which the member or dependent departed or the member’s duty station.
- (1) In the case of a member stationed outside the continental United States and the dependents of such a member, transportation under this section may be provided from the location of the member or dependents, at the time notification of the personal emergency is received, or the member’s permanent duty station (and if the member’s dependents reside at another overseas location and receive a station allowance, from that location)—
- (c) Transportation under this section may be authorized only upon a determination that, considering the nature of the personal emergency involved, Government transportation is not reasonably available. The cost of transportation authorized under this section for a member, or the dependents of a member, may not exceed the cost of Government-procured commercial air travel between the applicable locations described in subsection (b).
- (d) No transportation may be provided under this section after the travel authorities transition expiration date.
§ 481e. Travel and transportation allowances: transportation incident to certain emergencies for members performing temporary duty
- (a) Under uniform regulations prescribed by the Secretaries concerned, a member of a uniformed service who is performing temporary duty away from his permanent duty station (or who is assigned to a ship or unit operating away from its home port) may be provided the travel and transportation authorized by section 474 of this title for travel performed by the member from his place of temporary duty (or from his ship or unit) to his permanent duty station (or the home port of the ship or unit) or to any other location, and return (if applicable), if such travel has been approved incident to a personal emergency of the member.
- (b) Transportation under this section may be authorized only upon a determination that Government transportation is not reasonably available, considering the nature of the personal emergency involved. The cost of transportation authorized under this section may not exceed the cost of Government-procured commercial air travel from the member’s place of temporary duty (or from his ship or unit) to the member’s permanent duty station (or the home port of the ship or unit), and return (if applicable).
- (c) No travel and transportation allowance or reimbursement may be provided under this section for travel that begins after the travel authorities transition expiration date.
§ 481f. Travel and transportation allowances: transportation for survivors of deceased member to attend member’s burial ceremonies; transportation for survivors of member dying overseas to attend transfer ceremonies
- (a)
- (1) The Secretary concerned may provide round trip travel and transportation allowances to eligible relatives of a member of the uniformed services who dies while on active duty or inactive duty in order that the eligible relatives may attend the burial ceremony of the deceased member at the location determined under subsection (a)(8) of section 1482 of title 10 or attend a memorial service for the deceased member, under circumstances covered by subsection (d) of such section.
- (2) The Secretary concerned may provide round trip travel and transportation allowances to eligible relatives of a member of the uniformed services who dies while on active duty in order that the eligible relatives may attend a memorial service for the deceased member that occurs at a location other than the location of the burial ceremony for which travel and transportation allowances are provided under paragraph (1). Travel and transportation allowances may be provided under this paragraph for travel of eligible relatives to only one memorial service for the deceased member concerned.
- (3) The Secretary concerned may also provide round trip travel and transportation allowances to an attendant who accompanies an eligible relative provided travel and transportation allowances under paragraph (1) for travel to the burial ceremony if the Secretary concerned determines that—
- (A) the accompanied eligible relative is unable to travel unattended because of age, physical condition, or other justifiable reason; and
- (B) there is no other eligible relative of the deceased member traveling to the burial ceremony who is eligible for travel and transportation allowances under paragraph (1) and is qualified to serve as the attendant.
- (b) Allowances for travel under subsection (a) may not exceed the rates for two days and the time necessary for such travel.
- (c)
- (1) The following members of the family of a deceased member of the uniformed services are eligible for the travel and transportation allowances under paragraphs (1) and (2) of subsection (a):
- (A) The surviving spouse (including a remarried surviving spouse) of the deceased member.
- (B) The child or children of the deceased member (including stepchildren, adopted children, and illegitimate children).
- (C) The parent or parents of the deceased member (as defined in section 401(b)(2) of this title ).
- (D) The sibling or siblings of the deceased member.
- (E) The person who directs the disposition of the remains of the deceased member under section 1482(c) of title 10 or, in the case of a deceased member whose remains are commingled and buried in a common grave in a national cemetery, the person who would have been designated under such section to direct the disposition of the remains if individual identification had been made.
- (2) If no person described in subparagraphs (A) through (D) of paragraph (1) is provided travel and transportation allowances under paragraph (1) or (2) of subsection (a), the travel and transportation allowances may be provided to one or two other persons who are closely related to the deceased member and are selected by the person referred to in paragraph (1)(E). A person provided travel and transportation allowances under this paragraph is in addition to the person referred to in paragraph (1)(E).
- (1) The following members of the family of a deceased member of the uniformed services are eligible for the travel and transportation allowances under paragraphs (1) and (2) of subsection (a):
- (d)
- (1) The Secretary of the military department concerned may provide round trip transportation to ceremonies for the transfer of a member of the armed forces who dies while located or serving overseas (including during a humanitarian relief operation) to the following:
- (A) The primary next of kin of the member.
- (B) Two family members (other than primary next of kin) of the member.
- (C) One or more additional family members of the member, at the discretion of the Secretary.
- (2)
- (A) For purposes of this subsection, the primary next of kin of a member of the armed forces shall be the eligible relatives of the member specified in subparagraphs (A) through (D) of subsection (c)(1).
- (B) The Secretaries of the military departments shall prescribe in regulations the family members of a member of the armed forces who shall constitute family members for purposes of subparagraphs (B) and (C) of paragraph (1). The Secretary of Defense shall ensure that such regulations are uniform across the military departments.
- (3) Transportation shall be provided under this subsection by means of Invitational Travel Authorizations.
- (4) The Secretary of a military department may, upon the request of the primary next of kin covered by paragraph (1)(A) and at the discretion of the Secretary, provide for the accompaniment of such next of kin in travel under this subsection by a casualty assistance officer or family liaison officer of the military department who shall act as an escort in such accompaniment.
- (1) The Secretary of the military department concerned may provide round trip transportation to ceremonies for the transfer of a member of the armed forces who dies while located or serving overseas (including during a humanitarian relief operation) to the following:
- (e) In this section, the term “burial ceremony” includes the following:
- (1) An interment of casketed or cremated remains.
- (2) A placement of cremated remains in a columbarium.
- (3) A memorial service for which reimbursement is authorized under section 1482(d)(2) of title 10 .
- (4) A burial of commingled remains that cannot be individually identified in a common grave in a national cemetery.
- (f) The Secretaries concerned shall prescribe uniform regulations to carry out this section.
- (g) No travel and transportation allowance or reimbursement may be provided under this section for travel that begins after the travel authorities transition expiration date.
§ 481h. Travel and transportation allowances: transportation of designated individuals incident to hospitalization of members for treatment of wounds, illness, or injury
- (a)
- (1) Under uniform regulations prescribed by the Secretaries concerned, travel and transportation described in subsection (c) may be provided for not more than three individuals who, with respect to a member described in paragraph (2), are designated individuals for that member if the attending physician or surgeon and the commander or head of the military medical facility exercising control over the member determine, with respect to any such individual, that the presence of such individual may contribute to the member’s health and welfare. In circumstances determined to be appropriate by the Secretary concerned, the Secretary may waive the limitation on the number of designated individuals provided travel and transportation under this section.
- (2) A member referred to in paragraph (1) is a member of the uniformed services who—
- (A) is serving on active duty, is entitled to pay and allowances under section 204(g) of this title (or would be so entitled were it not for offsetting earned income described in that section), or is retired for the illness or injury referred to in subparagraph (B); and
- (B) either—
- (i) is seriously wounded, seriously ill, seriously injured (including having a serious mental disorder), or in a situation of imminent death (whether or not electrical brain activity still exists or brain death is declared), and is hospitalized in a medical facility; or
- (ii) is not described in clause (i), but has a wound or an injury incurred in an operation or area designated as a combat operation or combat zone, respectively, by the Secretary of Defense and is hospitalized in a medical facility for treatment of that wound or injury.
- (3) Not more than a total of three roundtrips may be provided under paragraph (1) in any 60-day period at Government expense to the individuals who, with respect to a member, are the designated individuals of that member in effect during that period. However, if the Secretary concerned has granted a waiver under the second sentence of paragraph (1) with respect to a member, then for any 60-day period in which the waiver is in effect the limitation in the preceding sentence shall be adjusted accordingly. In addition, during any period during which there is in effect a non-medical attendant designation for a member under section 481k of this title , not more than a total of two roundtrips may be provided under paragraph (1) in any 60-day period at Government expense until there no longer is a designation of a non-medical attendant or that designation transfers to another individual, in which case during the transfer period three roundtrips may be provided.
- (4) In the case of a designated individual who is also a member of the uniformed services, that member may be provided travel and transportation under this section in the same manner as a designated individual who is not a member.
- (b)
- (1) In this section, the term “designated individual”, with respect to a member, means—
- (A) an individual designated by the member for the purposes of this section; or
- (B) in the case of a member who has not made a designation under subparagraph (A) and, as determined by the attending physician or surgeon, is not able to make such a designation, an individual who, as designated by the attending physician or surgeon and the commander or head of the military medical facility exercising control over the member, is someone with a personal relationship to the member whose presence may aid and support the health and welfare of the member during the duration of the member’s inpatient treatment.
- (2) The designation of an individual as a designated individual for purposes of this section may be changed at any time.
- (3)
- (A) In this section, the term “health and welfare”, with respect to a member, includes a situation in which a decision must be made by family members regarding the termination of artificial life support being provided to the member.
- (B) In this paragraph, the term “family member”, with respect to a member, means the following:
- (i) The member’s spouse.
- (ii) Children of the member (including stepchildren, adopted children, and illegitimate children).
- (iii) Parents of the member or persons in loco parentis to the member, including fathers and mothers through adoption and persons who stood in loco parentis to the member for a period not less than one year immediately before the member entered the uniformed service, except that only one father and one mother or their counterparts in loco parentis may be recognized in any one case.
- (iv) Siblings of the member.
- (v) A person related to the member as described in clause (i), (ii), (iii), or (iv) who is also a member of the uniformed services.
- (4)
- (A) In this section, the term “serious mental disorder”, in the case of a member, means that the member has been diagnosed with a mental disorder that requires intensive mental health treatment or hospitalization.
- (B) The circumstances in which a member shall be considered to have a serious mental disorder for purposes of this section shall include, but not be limited to, the following:
- (i) The member is considered to be a potential danger to self or others as a result of a diagnosed mental disorder that requires intensive mental health treatment or hospitalization.
- (ii) The member is diagnosed with a mental disorder and has psychotic symptoms that require intensive mental health treatment or hospitalization.
- (iii) The member is diagnosed with a mental disorder and has severe symptoms or severe impairment in functioning that require intensive mental health treatment or hospitalization.
- (1) In this section, the term “designated individual”, with respect to a member, means—
- (c)
- (1) The transportation authorized by subsection (a) is round-trip transportation between the home of the designated individual and the location of the medical facility in which the member is hospitalized.
- (2) In addition to the transportation authorized by subsection (a), the Secretary concerned may provide a per diem allowance or reimbursement for the actual and necessary expenses of the travel, or a combination thereof, but not to exceed the rates established under section 474(d) of this title .
- (d)
- (1) The transportation authorized by subsection (a) may be provided by any of the following means:
- (A) Transportation in-kind.
- (B) A monetary allowance in place of transportation in-kind at a rate to be prescribed by the Secretaries concerned.
- (C) Reimbursement for the commercial cost of transportation.
- (2) An allowance payable under this subsection may be paid in advance.
- (3) Reimbursement payable under this subsection may not exceed the cost of government-procured commercial round-trip air travel.
- (1) The transportation authorized by subsection (a) may be provided by any of the following means:
- (e) No transportation, allowance, reimbursement, or per diem may be provided under this section for travel that begins after the travel authorities transition expiration date.
§ 481i. Travel and transportation allowances: parking expenses
- (a) Under regulations prescribed by the Secretary of Defense, the Secretary of a military department may reimburse eligible Department of Defense personnel for expenses incurred after October 1, 2001 , for parking a privately owned vehicle at a place of duty described in subsection (b).
- (b) A member of the Army, Navy, Air Force, or Marine Corps or an employee of the Department of Defense may be reimbursed under subsection (a) for parking expenses while—
- (1) assigned to duty at a recruiting facility of the armed forces;
- (2) assigned to duty at a military entrance processing facility of the armed forces; or
- (3) detailed for instructional and administrative duties at any institution where a unit of the Senior Reserve Officers’ Training Corps is maintained.
- (c) No reimbursement may be provided under this section for expenses incurred after the travel authorities transition expiration date.
§ 481j. Travel and transportation allowances: transportation of family members incident to the repatriation of members held captive
- (a)
- (1) Under uniform regulations prescribed by the Secretaries concerned, travel and transportation described in subsection (d) may be provided for not more than three family members of a member described in subsection (b).
- (2) In addition to the family members authorized to be provided travel and transportation under paragraph (1), the Secretary concerned may provide travel and transportation described in subsection (d) to an attendant to accompany a family member described in that paragraph if the Secretary determines that—
- (A) the family member to be accompanied is unable to travel unattended because of age, physical condition, or other reason determined by the Secretary; and
- (B) no other family member who is eligible for travel and transportation under paragraph (1) is able to serve as an attendant for the family member.
- (3) If no family member of a member described in subsection (b) is able to travel to the repatriation site of the member, travel and transportation described in subsection (d) may be provided to not more than 2 persons related to and selected by the member.
- (4) In circumstances determined to be appropriate by the Secretary concerned, the Secretary may waive the limitation on the number of family members of a member provided travel and transportation allowances under this section.
- (b) A member described in this subsection is a member of the uniformed services who—
- (1) is serving on active duty;
- (2) was held captive, as determined by the Secretary concerned; and
- (3) is repatriated to a site inside or outside the United States.
- (c) In this section, the term “family member” has the meaning given the term in section 481h(b) of this title .
- (d)
- (1) The transportation authorized by subsection (a) is round-trip transportation between the home of the family member (or home of the attendant or person provided transportation under paragraph (2) or (3) of subsection (a), as the case may be) and the location of the repatriation site at which the member is located.
- (2) In addition to the transportation authorized by subsection (a), the Secretary concerned may provide a per diem allowance or reimbursement for the actual and necessary expenses of the travel, or a combination thereof, but not to exceed the rates established for such allowances and expenses under section 474(d) of this title .
- (3) The transportation authorized by subsection (a) may be provided by any of the means described in section 481h(d)(1) of this title .
- (4) An allowance under this subsection may be paid in advance.
- (5) Reimbursement payable under this subsection may not exceed the cost of Government-procured round-trip air travel.
- (e) No transportation, allowance, reimbursement, or per diem may be provided under this section for travel that begins after the travel authorities transition expiration date.
§ 481k. Travel and transportation allowances: non-medical attendants for members who are determined to be very seriously or seriously wounded, ill, or injured
- (a) Under uniform regulations prescribed by the Secretaries concerned, travel and transportation described in subsection (d) may be provided for a qualified non-medical attendant for a covered member of the uniformed services described in subsection (c) if the attending physician or surgeon and the commander or head of the military medical facility exercising control over the member determine that the presence of such an attendant may contribute to the member’s health and welfare.
- (b) For purposes of this section, a qualified non-medical attendant, with respect to a covered member, is an individual who—
- (1) is designated by the member to be a non-medical attendant for the member for purposes of this section; and
- (2) is determined by the attending physician or surgeon and the commander or head of the military medical facility to be appropriate to serve as a non-medical attendant for the member and whose presence may contribute to the health and welfare of the member.
- (c) A member of the uniformed services covered by this section is a member who—
- (1) as a result of a wound, illness, or injury, has been determined by the attending physician or surgeon to be in the category known as “very seriously wounded, ill, or injured” or “seriously wounded, ill, or injured”; and
- (2) is hospitalized for treatment of the wound, illness, or injury or requires continuing outpatient treatment for the wound, illness, or injury.
- (d)
- (1) The transportation authorized by subsection (a) for a qualified non-medical attendant for a member is round-trip transportation between the home of the attendant and the location at which the member is receiving treatment and may include transportation, while accompanying the member, to any other location to which the member is subsequently transferred for further treatment. A designated non-medical attendant under this section may not also be a designated individual for travel and transportation allowances under section 481h(a) of this title .
- (2) The transportation authorized by subsection (a) includes any travel necessary to obtain treatment for the member at the location to which the member is permanently assigned.
- (3) In addition to the transportation authorized by subsection (a), the Secretary concerned may provide a per diem allowance or reimbursement for the actual and necessary expenses of the travel, or a combination thereof, but not to exceed the rates established under section 474(d) of this title .
- (4) The transportation authorized by subsection (a) may be provided by any of the following means:
- (A) Transportation in-kind.
- (B) A monetary allowance in place of transportation in-kind at a rate to be prescribed by the Secretaries concerned.
- (C) Reimbursement for the commercial cost of transportation.
- (5) An allowance payable under this subsection may be paid in advance.
- (6) Reimbursement payable under this subsection may not exceed the cost of Government-procured commercial round-trip air travel.
- (e) No transportation, allowance, reimbursement, or per diem may be provided under this section for travel that begins after the travel authorities transition expiration date.
§ 481l. Travel and transportation allowances: attendance of members and other persons at Yellow Ribbon Reintegration Program events
- (a)
- (1) Under uniform regulations prescribed by the Secretaries concerned, a member of the uniformed services authorized to attend a Yellow Ribbon Reintegration Program event may be provided travel and transportation allowances in order that the member may attend a Yellow Ribbon Reintegration Program event.
- (2) Under uniform regulations prescribed by the Secretaries concerned, travel and transportation allowances may be provided for a person designated pursuant to subsection (b) in order for the person to accompany a member in attending a Yellow Ribbon Reintegration Program event if the Secretary concerned determines that the presence of the person at the event may contribute to the purposes of the event for the member.
- (b) A member of the uniformed services who is eligible to attend a Yellow Ribbon Reintegration Program event may designate one or more persons, including another member of the uniformed services, for purposes of receiving travel and transportation allowances described in subsection (c) to attend a Yellow Ribbon Reintegration Program event. The designation of a person for purposes of this section shall be made in writing and may be changed at any time.
- (c)
- (1) The transportation authorized by subsection (a) is round-trip transportation between the home or place of business of the authorized person and the location of the Yellow Ribbon Reintegration Program event.
- (2) In addition to transportation under paragraph (1), the Secretary concerned may provide a per diem allowance or reimbursement for the actual and necessary expenses of the travel, or a combination thereof, but not to exceed the rates established under section 474(d) of this title .
- (3) The transportation authorized by paragraph (1) may be provided by any of the following means:
- (A) Transportation in-kind.
- (B) A monetary allowance in place of transportation in-kind at a rate to be prescribed by the Secretaries concerned.
- (C) Reimbursement for the commercial cost of transportation.
- (4) An allowance payable under this subsection may be paid in advance.
- (5) Reimbursement payable under this subsection may not exceed the cost of Government-procured commercial round-trip air travel.
- (d) In this section, the term “Yellow Ribbon Reintegration Program event” means an event authorized under section 582 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. 10101 note).
- (e) No transportation, allowance, reimbursement, or per diem may be provided under this section for travel that begins after the travel authorities transition expiration date.
§ 484. 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, two privately owned motor vehicles 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 479 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.
- (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, ill, or absent for a period of more than 29 days in a missing status—
- (1) to the member’s official residence of record;
- (2) to the residence of his dependent, next of kin, or other person entitled to custody of the effects, under regulations prescribed by the Secretary concerned; or
- (3) on request of the member (if injured or ill), or his dependent, next of kin, or other person described in clause (2), to another location determined in advance or later approved by the Secretary concerned, or his designee.
- (c) When a member described in subsection (b) is in an injured or ill status, transportation of dependents and household and personal effects authorized by this section may be provided only when prolonged hospitalization or treatment is anticipated.
- (d) Transportation requested by a dependent may be authorized under this section only if there is a reasonable relationship between the circumstances of the dependent and the requested destination.
- (e) In place of the transportation for dependents authorized by this section, and after the travel is completed, the Secretary concerned may authorize—
- (1) reimbursement for the commercial cost of the transportation; or
- (2) a monetary allowance at the prescribed rate for all, or that part, of the travel for which transportation in kind is not furnished.
- (f) The Secretary concerned may store the household and personal effects of a member described in subsection (b) until proper disposition can be made. The cost of the storage and transportation (including packing, crating, drayage, temporary storage, and unpacking) of household and personal effects shall be charged against appropriations currently available.
- (g) The Secretary concerned may, when he determines that there is an emergency and a sale would be in the best interests of the United States, provide for the public or private sale of motor vehicles and other bulky items of household and personal effects of a member described in subsection (b). Before a sale, and if practicable, a reasonable effort shall be made to determine the desires of the interested persons. The net proceeds received from the sale shall, under regulations prescribed by the Secretary concerned, be sent to the owner or other persons. If there are no such persons, or if they or their addresses are not known within one year from the date of sale, the net proceeds may be covered into the Treasury as miscellaneous receipts.
- (h) Claims for net proceeds that are covered into the Treasury under subsection (g) may be filed with the Secretary of Defense by the rightful owners, their heirs or next of kin, or their legal representatives at any time before the end of a 5-year period from the date the proceeds are covered into the Treasury. When a claim is filed, the Secretary of Defense shall allow or disallow it. A claim that is allowed shall be paid from the appropriation for refunding money erroneously received and covered. If a claim is not filed before the end of the 5-year period from the date the proceeds are covered into the Treasury, it is barred from being acted on by the courts or the Secretary of Defense.
- (i) If a motor vehicle of a member (or a dependent of the member) that is transported at the expense of the United States under this section does not arrive at the authorized destination of the vehicle by the designated delivery date, the Secretary concerned shall reimburse the dependent 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). In a case in which two motor vehicles of a member (or the dependent or dependents of a member) are transported at the expense of the United States, no reimbursement is payable under this subsection unless both motor vehicles do not arrive at the authorized destination of the vehicles by the designated delivery date.
- (j) This section does not amend or repeal—
- (1) section 2575, 2733, 4712, 6522, or 9712 of title 10;
- (2) section 507 1 1 See References in Text note below. of title 14; or
- (3) chapter 171 of title 28.
- (k) No transportation, allowance, or reimbursement may be provided under this section for a move that begins after the travel authorities transition expiration date.
§ 488. Allowance for recruiting expenses
- (a) 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.
- (b) No reimbursement may be provided under this section for expenses incurred after the travel authorities transition expiration date.
§ 489. Travel and transportation allowances: minor dependent schooling
- (a) Under regulations to be prescribed by the Secretary of Defense, a member of a uniformed service whose permanent station is outside the United States may be allowed transportation in kind for any minor dependent (or reimbursement therefor), or a monetary allowance in place of such transportation in kind, to a school operated by the Department of Defense under the Defense Dependents’ Education Act of 1978 ( 20 U.S.C. 921 et seq.) for dependents in an overseas area which is operated, and which such dependent attends, on a 5-day-a-week dormitory basis or on a 7-day-a-week dormitory basis. In the case of a dependent attending a school on a 5-day-a-week dormitory basis, the transportation in kind or allowance authorized by this section shall be for weekly trips to and from such school, and in the case of a dependent attending a school on a 7-day-a-week dormitory basis, such transportation in kind or allowances shall be for not less than three trips to and from such school during the school year.
- (b) No transportation or allowance may be provided under this section for travel that begins after the travel authorities transition expiration date.
§ 490. Travel and transportation: dependent children of members stationed overseas
- (a)
- (1) Under regulations prescribed by the Secretary of Defense, a member of a uniformed service may be paid the allowance set forth in subsection (b) if the member—
- (A) is assigned to a permanent duty station outside the continental United States;
- (B) is accompanied by the member’s dependents at or near that duty station (unless the member’s only dependents are in the category of dependent described in paragraph (2)); and
- (C) has an eligible dependent child described in paragraph (2).
- (2) An eligible dependent child of a member referred to in paragraph (1)(C) is a child who—
- (A) is under 23 years of age and unmarried;
- (B) is enrolled in a school in the continental United States for the purpose of obtaining a formal education; and
- (C) is attending that school or is participating in a foreign study program approved by that school and, pursuant to that foreign study program, is attending a school outside the United States for a period of not more than one year.
- (1) Under regulations prescribed by the Secretary of Defense, a member of a uniformed service may be paid the allowance set forth in subsection (b) if the member—
- (b)
- (1) A member described in subsection (a) may be paid a transportation allowance for each eligible dependent child of the member of one annual trip between the school being attended by that child and the member’s duty station outside the continental United States and return. The allowance authorized by this section may be transportation in kind or reimbursement therefor, as prescribed by the Secretaries concerned. However, the transportation authorized by this section may not be paid a member for a child attending a school in the continental United States for the purpose of obtaining a secondary education if the child is eligible to attend a secondary school for dependents that is located at or in the vicinity of the duty station of the member and is operated under the Defense Dependents’ Education Act of 1978 ( 20 U.S.C. 921 et seq.).
- (2) The allowance authorized under paragraph (1) for the travel of an eligible dependent may include reimbursement for costs incurred by or on behalf of the dependent for lodging of the dependent that is necessitated by an interruption in the travel caused by extraordinary circumstances prescribed in the regulations under subsection (a). The amount of the reimbursement shall be determined using the rate applicable to such circumstances.
- (3) At the option of the member, in lieu of the transportation of baggage of a dependent child under paragraph (1) from the dependent’s school in the continental United States, the Secretary concerned may pay or reimburse the member for costs incurred to store the baggage at or in the vicinity of the school during the dependent’s annual trip between the school and the member’s duty station or during a different period in the same fiscal year selected by the member. The amount of the payment or reimbursement may not exceed the cost that the Government would incur to transport the baggage.
- (4) The transportation allowance paid under paragraph (1) for an annual trip of an eligible dependent child who is attending a school outside the United States may not exceed the transportation allowance that would be paid under this section for the annual trip of that child between the child’s school in the continental United States and the member’s duty station outside the continental United States and return.
- (c) Whenever possible, the Air Mobility Command or Military Sealift Command shall be used, on a space-required basis, for the travel authorized by this section.
- (d) For a member assigned to duty outside the continental United States, transportation under this section may be provided a dependent child as described in subsection (a)(2) who is attending a school in Alaska or Hawaii.
- (e) The transportation allowance authorized by this section (whether transportation in kind or reimbursement) may not be paid in the case of a member assigned to a permanent duty station in Alaska or Hawaii for a child attending a school in the State of the permanent duty station.
- (f) In this section:
- (1) The term “formal education” means the following:
- (A) A secondary education.
- (B) An undergraduate college education.
- (C) A graduate education pursued on a full-time basis at an institution of higher education.
- (D) Vocational education pursued on a full-time basis at a postsecondary vocational institution.
- (2) The term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).
- (3) The term “postsecondary vocational institution” has the meaning given that term in section 102(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(c) ).
- (1) The term “formal education” means the following:
- (g) No transportation, allowance, reimbursement, or per diem may be provided under this section for travel that begins after the travel authorities transition expiration date.
§ 491. Benefits for certain members assigned to the Defense Intelligence Agency
- (a) The Secretary of Defense may provide to members of the armed forces described in subsection (e) allowances and benefits comparable to those provided by the Secretary of State to officers and employees of the Foreign Service under paragraphs (2), (3), (4), (6), (7), (8), and (13) of section 901 and sections 705 and 903 of the Foreign Service Act of 1980 ( 22 U.S.C. 4081(2) , (3), (4), (6), (7), (8), and (13), 4025, 4083) and under section 5924(4) of title 5 .
- (b) The authority of the Secretary of Defense to make payments under subsection (a) is effective for any fiscal year only to the extent that appropriated funds are available for such purpose.
- (c) Members of the armed forces may not receive benefits under both subsection (a) and any other provision of this title for the same purpose. The Secretary of Defense shall prescribe such regulations as may be necessary to carry out this subsection.
- (d) Regulations prescribed under subsection (a) may not take effect until the Secretary of Defense has submitted such regulations to—
- (1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
- (2) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
- (e) Subsection (a) applies to members of the armed forces who—
- (1) are assigned—
- (A) to Defense Attaché Offices or Defense Intelligence Agency Liaison Offices outside the United States; or
- (B) to the Defense Intelligence Agency and engaged in intelligence-related duties outside the United States; and
- (2) are designated by the Secretary of Defense for the purposes of subsection (a).
- (1) are assigned—
§ 492. Travel and transportation: members escorting certain dependents
- (a) Under regulations prescribed by the Secretary concerned, a member of a uniformed service may be provided round trip transportation and travel allowances for travel performed or to be performed under competent orders as an escort for the member’s dependent when travel by the dependent is authorized by competent authority and the dependent is incapable of traveling alone because of age, mental or physical incapacity, or other extraordinary circumstances.
- (b) Whenever possible, the Air Mobility Command or Military Sealift Command shall be used, on a space-required basis, for the travel authorized by this section.
- (c) No transportation or allowance may be provided under this section for travel that begins after the travel authorities transition expiration date.
§ 494. Subsistence reimbursement relating to escorts of foreign arms control inspection teams
- (a) Under uniform regulations prescribed by the Secretaries concerned, a member of the armed forces may be reimbursed for the reasonable cost of subsistence incurred by the member while performing duties as an escort of an arms control inspection team of a foreign country, or any member of such a team, while the team or the team member, as the case may be, is engaged in activities related to the implementation of an arms control treaty or agreement.
- (b) The authority under subsection (a) applies to the period during which the inspection team, pursuant to authority specifically provided in the applicable arms control treaty or agreement, is in the country where inspections and related activities are being conducted by the team pursuant to that treaty or agreement.
- (c) The authority under subsection (a) applies to a member of the armed forces whether the duties referred to in that subsection are performed at, near, or away from the member’s permanent duty station.
- (d) No reimbursement may be provided under this section for expenses incurred after the travel authorities transition expiration date.
§ 495. Funeral honors duty: allowance
- (a)
- (1) The Secretary concerned may authorize payment of an allowance to a member of the Ready Reserve for any day on which the member performs at least two hours of funeral honors duty pursuant to section 12503 of title 10 or section 115 of title 32 .
- (2) The Secretary concerned may also authorize payment of that allowance to a member of the armed forces in a retired status for any day on which the member serves in a funeral honors detail under section 1491 of title 10 , if the time required for service in such detail (including time for preparation) is not less than two hours. The amount of an allowance paid to a member under this paragraph shall be in addition to any other compensation to which the member may be entitled under this title or title 10 or 38.
- (b) The daily rate of an allowance under this section is $50.
- (c) No allowance may be paid under this section for any day after the travel authorities transition expiration date.