37 U.S.C. § 451 — Definitions
submitted 15 years ago by Pub. L. 112-81 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 1,090 words · no verdicts yet
This law defines terms used for military and uniformed-service travel benefits. It says which Secretary is in charge of which service, who counts as an "authorized traveler," who counts as a "family member," and what words like "travel allowances" and "transportation allowances" mean.
(a) Definitions relating to persons:
(1) "Administering Secretary" means: the Secretary of Defense, for the armed forces* (including the Coast Guard when it operates as part of the Navy); the Secretary of Homeland Security, for the Coast Guard when it is not operating as part of the Navy; the Secretary of Commerce, for the National Oceanic and Atmospheric Administration; and the Secretary of Health and Human Services, for the Public Health Service.
(2) "Authorized traveler" means anyone allowed travel and transportation allowances for official travel ordered or authorized by the administering Secretary. This includes: a member* of the uniformed services*; a member's family member; an escort or attendant traveling with a member, a family member, or a deceased member's remains (or helping dependents who can't travel alone, within a year of the member being unable to accompany them); someone on a military funeral honors detail; an ROTC cadet or midshipman; an applicant (or rejected applicant) for enlistment; someone whose work is directly tied to an official government activity under regulations issued under section 464; and anyone else the administering Secretary decides, under those regulations, deserves travel benefits — specifically for things like transporting survivors to a burial or bringing home a member who died overseas, transporting people to a hospitalized or repatriated member, transporting non-medical attendants, transporting people to Yellow Ribbon Reintegration events, single events the Secretary finds necessary for fairness or an emergency, or moving a member's dependent child to school when the member is stationed outside the continental U.S. (or in Alaska or Hawaii but the school is elsewhere), or moving a dependent to where a member is serving aboard a ship being overhauled, inactivated, or built.
(3) "Family member" of a service member means: a dependent (as section 401(a) defines it); a child (as section 401(b)(1) defines it); a parent (as section 401(b)(2) defines it); a sibling; or a former spouse.
(b) Definitions relating to travel and transportation allowances:
(1) "Official travel" means: duty or business away from a member's assigned location; travel between one permanent duty station and another; travel to a first duty station, or travel upon separation or retirement; local travel in or around a temporary or permanent duty station; or other travel the administering Secretary authorizes or orders.
(2) "Actual and necessary expenses" means expenses a traveler really incurs as a reasonable result of official travel.
(3) "Travel allowances" means daily lodging, meals, and other related expenses, including relocation expenses.
(4) "Transportation allowances" means the cost of temporarily or permanently moving a traveler, their personal property, or both.
(5) "Transportation-, lodging-, or meals-in-kind" means the government providing these directly, at no cost to the traveler.
(6) "Miscellaneous expenses" means authorized extra expenses incurred during official travel, on top of the regular allowances.
(7) "Personal property," for transportation allowances, includes baggage, furniture, household items, clothing, privately owned vehicles, house trailers, mobile homes, and other personal items not otherwise banned by law or by regulations under section 464.
(8) "Relocation allowances" means the costs of moving a member and their dependents between an old and new duty station or other authorized place, including pet quarantine costs.
(9) "Dislocation allowances" means the costs of relocating a member's household because of a change in duty station ordered for the government's convenience, or because of an evacuation.
(10) "Permanent duty assignment location" means either a member's official duty station, or a dependent's residence. If a dependent is a student who doesn't live with the member while at school, the student's own location counts as their permanent duty assignment location.
In this subchapter and subchapter II:
The term “administering Secretary” or “administering Secretaries” means the following:
The Secretary of Defense, with respect to the armed forces* (including the Coast Guard when it is operating as a service in the Navy).
The Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy.
The Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration.
The Secretary of Health and Human Services, with respect to the Public Health Service.
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 member* of the uniformed services*.
A family member of a member of the uniformed services.
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.
A person who participates in a military funeral honors detail.
A Senior Reserve Officers’ Training Corps cadet or midshipman.
An applicant or rejected applicant for enlistment.
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.
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:
Transportation of survivors to attend burial services or transfer of deceased members after death overseas as provided in section 453(f) of this title.
Transportation of designated individuals incident to the hospitalization of members as provided in section 452(b)(12) of this title.
Transportation of designated individuals incident to the repatriation of members as provided in section 452(b)(13) of this title.
Transportation of non-medical attendants as provided in section 452(b)(14) of this title.
Transportation of designated individuals to attend Yellow Ribbon Reintegration Program events as provided in section 452(b)(15) of this title.
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.
Transportation of a dependent child of a member of the uniformed services to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is outside the continental United States* (other than in Alaska or Hawaii).
Transportation of a dependent child of a member of the uniformed services within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is in Alaska or Hawaii and the school is located in a State outside of the permanent duty assignment location.
Transportation of 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.
The term “family member”, with respect to a member of the uniformed services, means the following:
A dependent, as defined in section 401(a) of this title.
A child, as defined in section 401(b)(1) of this title.
A parent, as defined in section 401(b)(2) of this title.
A sibling of the member.
A former spouse of the member.
In this subchapter and subchapter II:
The term “official travel” means the following:
Military duty or official business performed by an authorized traveler away from a duty assignment location or other authorized location.
Travel performed by an authorized traveler ordered to relocate from a permanent duty station to another permanent duty station.
Travel performed by an authorized traveler ordered to the first permanent duty station, or separated or retired from uniformed service.
Local travel in or around the temporary duty or permanent duty station.
Other travel as authorized or ordered by the administering Secretary.
The term “actual and necessary expenses” means expenses incurred in fact by an authorized traveler as a reasonable consequence of official travel.
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.
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.
The term “transportation-, lodging-, or meals-in-kind” means transportation, lodging, or meals provided by the Government without cost to an authorized traveler.
The term “miscellaneous expenses” means authorized expenses incurred in addition to authorized allowances during the performance of official travel by an authorized traveler.
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.
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. Such costs include pet quarantine expenses.
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.
The term “permanent duty assignment location” means—
the official station of a member of the uniformed services; or
the residence of a dependent of a member of the uniformed services.
As used in subparagraph (A)(ii), the residence of a dependent who is a student not living with the member while at school is the permanent duty assignment location of the dependent student.
Source credit: (Added Pub. L. 112–81, div. A, title VI, § 631(b), Dec. 31, 2011, 125 Stat. 1453; amended Pub. L. 113–66, div. A, title VI, § 621(a)(1), Dec. 26, 2013, 127 Stat. 783; Pub. L. 117–81, div. A, title VI, § 603(b), (c)(2), (d)(2), Dec. 27, 2021, 135 Stat. 1766, 1767; Pub. L. 117–263, div. A, title VI, § 626(h)(6), Dec. 23, 2022, 136 Stat. 2629.)
- 2011Enacted · Pub. L. 112-81 · 125 Stat. 1453
- 2013Amended · Pub. L. 113-66 · 127 Stat. 783
- 2021Amended · Pub. L. 117-81 · 135 Stat. 1766, 1767
- 2022Amended · Pub. L. 117-263 · 136 Stat. 2629
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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