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37 U.S.C. § 452 — Allowable travel and transportation: general authorities

submitted 15 years ago by Pub. L. 112-81 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 1,160 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the military pay for a service member's travel costs in many listed situations — from a routine move to a new base, to family visiting a wounded member. It covers what expenses are paid, how they're paid, and sets limits on some newer benefits, like pet-moving costs.

(a) In general: Unless another law forbids it, a member of the uniformed services or another authorized traveler may be given lodging, meals, or transportation directly ("in-kind"), or paid their actual and necessary travel expenses, for official travel, following regulations written under section 464.

(b) Specific circumstances: This authority covers, but isn't limited to, travel connected with the following, to the extent regulations under section 464 allow: temporary duty travel and local travel around the temporary duty spot; a permanent change of station; relocation tied to overseas tours; recruiting duty; assignment to another government agency; rest and recuperative leave; convalescent leave; reenlistment leave; reserve training or muster duty performed away from normal commuting distance; unusual, extraordinary, hardship, or emergency situations; family visiting a hospitalized or repatriated member; a non-medical attendant for a seriously wounded or ill member; Yellow Ribbon Reintegration events; a member in missing status; international sports competitions; a dependent child traveling to or within the U.S. for school when the member is stationed overseas, in Alaska, or in Hawaii; a dependent traveling to where a member serves on a ship under construction, overhaul, or inactivation; family attending a member's funeral or memorial; and permanent or temporary assignment connected with a naval vessel's nuclear refueling, defueling, or major overhaul.

(c) Matters included: Allowances under subsection (a) can cover: transportation costs (fares and tolls, no matter the distance), lodging, and meals; dislocation or relocation allowances tied to a change in duty station; a partial dislocation allowance for moving into or out of government housing; passport and visa fees for travel abroad; and other related miscellaneous expenses.

(d) Mode of providing: These travel and transportation benefits can be given as an actual-expense payment, as a set allowance, directly in-kind, or as a combination of these.

(e) When travel orders are modified: If a traveler's travel order gets canceled, revoked, or changed, they can still be paid actual and necessary expenses, or the usual allowances, for the travel they already did under that order.

(f) Advance payments: A traveler may be given advance payments toward their authorized travel and transportation allowances.

(g) Responsibility for unauthorized expenses: The United States is not responsible for paying any travel or transportation expense that wasn't authorized.

(h) Relationship to other authorities: The administering Secretary may not pay for an expense under this section if it could instead be paid by some other appropriate government or non-government source.

(i) Dependent transportation for ship construction, inactivation, and overhaul: The travel benefit described in subsection (b) for dependents traveling to a member's ship comes with conditions: the member must be assigned to that ship for at least 31 straight days before the benefit starts, and it then becomes available again every 60 days after that. The government may provide the transportation directly, reimburse the family for arranging it themselves, or pay a mileage allowance instead, to move the member's dependents from the ship's old home port to the overhaul or inactivation port. The total paid for this can never be more than the cost of one round-trip ticket that the government itself would have bought.

(j) Travel for inactive-duty training and muster duty: If a member travels more than 50 miles from their permanent residence for certain reserve training or Ready Reserve muster duty, they must be given — as actual expenses, in-kind, or a mix — their actual and necessary travel costs, plus meals and related expenses, the same way as for regular official travel. A member's "permanent residence" for this purpose must be set within 30 days of starting a duty assignment, and can't be changed again until the member gets new orders for a permanent change of assignment. If the member's residence changes in between, the Secretary concerned may still choose to pay these expenses, or other appropriate reimbursement, if the member travels more than 50 miles from the new residence for that training or duty.

the actual law source: uscode.house.gov ↗public domain
(a)In General.—

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)Specific Circumstances.—

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.

(18)

Travel by a dependent child to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is outside the continental United States (other than in Alaska or Hawaii).

(19)

Travel by a dependent child within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is in Alaska or Hawaii and the school is located in a State outside of the permanent duty assignment location.

(20)

Subject to subsection (i), travel by a dependent to a location where a member of the uniformed services is on permanent duty aboard a ship that is overhauling, inactivating, or under construction.

(21)

Presence of family members at the funeral and memorial services of members.

(22)

Permanent change of assignment to or from a naval vessel undergoing nuclear refueling or defueling and any concurrent complex overhaul, even if such assignment is within the same area as the current assignment of the member.

(23)

Current assignment to a naval vessel entering or exiting nuclear refueling or defueling and any concurrent complex overhaul.

(c)Matters Included.—

Travel and transportation allowances which may be provided under subsection (a) include the following:

(1)

Allowances for transportation (including fares and tolls, without regard to distance travelled), 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)

Passport and visa fees required for foreign travel.

(5)

Other related miscellaneous expenses.

(d)Mode of Providing Travel and Transportation Allowances.—

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)Travel and Transportation Allowances When Travel Orders Are Modified, etc.—

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)Advance Payments.—

An authorized traveler may be allowed advance payments for authorized travel and transportation allowances.

(g)Responsibility for Unauthorized Expenses.—

Any unauthorized travel or transportation expense is not the responsibility of the United States.

(h)Relationship to Other Authorities.—

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.

(i)Dependent Transportation Incident to Ship Construction, Inactivation, and Overhauling.—

The authority under subsection (a) for travel in connection with circumstances described in subsection (b)(20) shall be subject to the following terms and conditions:

(1)

The member of the uniformed services must be permanently assigned to the ship for 31 or more consecutive days to be eligible for allowances, and the transportation allowances accrue on the 31st day and every 60 days thereafter.

(2)

Transportation in kind, reimbursement for personally procured transportation, or a monetary allowance for mileage in place of the cost of transportation 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.

(3)

The total reimbursement for transportation for the member’s dependents may not exceed the cost of one Government-procured commercial round-trip travel.

(j)Travel for Inactive-duty Training and Muster Duty.—
(1)

If a member of the uniformed services travels more than 50 miles from the member’s permanent residence (as established under paragraph (2)) for training described in paragraph (9) of subsection (b) or duty described in paragraph (10) of that subsection, the member shall be provided, in the form of actual expenses, in-kind, or a combination thereof—

(A)

actual and necessary expenses of travel and transportation for, or in connection with, such travel; and

(B)

meals, incidentals, and expenses related to such travel, to the same extent specified in regulations prescribed under section 464 of this title for a member on official travel.

(2)

For purposes of paragraph (1), the permanent residence of a member—

(A)

shall be established not later than 30 days after the date on which the permanent duty assignment of the member begins; and

(B)

may not be re-established until after the member receives subsequent orders for a permanent change of assignment.

(3)

In the case of a member whose permanent residence changes after the date described in subparagraph (A) of paragraph (2) and before the member receives orders described in subparagraph (B) of such paragraph, the Secretary concerned may provide the member expenses described in paragraph (1) or such other reimbursement as the Secretary determines appropriate if the member travels more than 50 miles from the new permanent residence of the member for training described in paragraph (9) of subsection (b) or duty described in paragraph (10) of such subsection.

Source credit: (Added Pub. L. 112–81, div. A, title VI, § 631(b), Dec. 31, 2011, 125 Stat. 1455; amended Pub. L. 116–92, div. A, title VI, § 607(b), Dec. 20, 2019, 133 Stat. 1425; Pub. L. 116–283, div. A, title VI, § 605, title XII, § 1299N, Jan. 1, 2021, 134 Stat. 3672, 4016; Pub. L. 117–81, div. A, title VI, §§ 603(c)(1), (d)(1), 623, Dec. 27, 2021, 135 Stat. 1766, 1767, 1772; Pub. L. 117–263, div. A, title VI, § 621, Dec. 23, 2022, 136 Stat. 2625; Pub. L. 118–159, div. A, title VI, § 623(a), Dec. 23, 2024, 138 Stat. 1933.)

history & why it existsrecord from the source credit
  • 2011Enacted · Pub. L. 112-81 · 125 Stat. 1455
  • 2019Amended · Pub. L. 116-92 · 133 Stat. 1425
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3672, 4016
  • 2021Amended · Pub. L. 117-81 · 135 Stat. 1766, 1767, 1772
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 2625
  • 2024Amended · Pub. L. 118-159 · 138 Stat. 1933

A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-81 on 2011-12-31.

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