37 U.S.C. § 451

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 451 - Definitions

(a) DEFINITIONS RELATING TO PERSONS.-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 453(f) of this title.

(ii) Transportation of designated individuals incident to the hospitalization of members as provided in section 452(b)(12) of this title.

(iii) Transportation of designated individuals incident to the repatriation of members as provided in section 452(b)(13) of this title.

(iv) Transportation of non-medical attendants as provided in section 452(b)(14) of this title.

(v) Transportation of designated individuals to attend Yellow Ribbon Reintegration Program events as provided in section 452(b)(15) 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.

(vii) 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).

(viii) 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.

(ix) 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.

(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.

(b) DEFINITIONS RELATING TO TRAVEL AND TRANSPORTATION ALLOWANCES.-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. Such costs include pet quarantine expenses.

(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.

(10)

(A) The term "permanent duty assignment location" means-

(i) the official station of a member of the uniformed services; or

(ii) the residence of a dependent of a member of the uniformed services.

(B) 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.

37 U.S.C. § 451

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.

EDITORIAL NOTES

AMENDMENTS2022-Subsec. (a)(2)(H)(i). Pub. L. 117-263, §626(h)(6)(A), substituted "section 453(f)" for "section 481f".Subsec. (a)(2)(H)(ii). Pub. L. 117-263, §626(h)(6)(B), substituted "section 452(b)(12)" for "section 481h".Subsec. (a)(2)(H)(iii). Pub. L. 117-263, §626(h)(6)(C), substituted "section 452(b)(13)" for "section 481j".Subsec. (a)(2)(H)(iv). Pub. L. 117-263, §626(h)(6)(D), substituted "section 452(b)(14)" for "section 481k".Subsec. (a)(2)(H)(v). Pub. L. 117-263, §626(h)(6)(E), substituted "section 452(b)(15)" for "section 481l".2021-Subsec. (a)(2)(H)(vii), (viii). Pub. L. 117-81, §603(c)(2)(A), added cls. (vii) and (viii). Subsec. (a)(2)(H)(ix). Pub. L. 117-81, §603(d)(2), added cl. (ix).Subsec. (b)(8). Pub. L. 117-81, §603(b), inserted at end "Such costs include pet quarantine expenses."Subsec. (b)(10). Pub. L. 117-81, §603(c)(2)(B), added par. (10). 2013-Subsec. (a)(2)(C). Pub. L. 113-66 inserted "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" before period at end.

STATUTORY NOTES AND RELATED SUBSIDIARIES

PURPOSE OF CONSOLIDATION AND REFORM OF TRAVEL AND TRANSPORTATION AUTHORITIES OF THE UNIFORMED SERVICES Pub. L. 112-81, div. A, title VI, §631(a), Dec. 31, 2011, 125 Stat. 1452, provided that: "This section [see Tables for classification] establishes general travel and transportation provisions for members of the uniformed services and other travelers authorized to travel under official conditions. Recognizing the complexities and the changing nature of travel, the amendments made by this section [see Tables for classification] provide the Secretary of Defense and the other administering Secretaries with the authority to prescribe and implement travel and transportation policy that is simple, clear, efficient, and flexible, and that meets mission and servicemember needs, while realizing cost savings that should come with a more efficient and less cumbersome system for travel and transportation."

TRANSITION PROVISIONS Pub. L. 112-81, div. A, title VI, §632, Dec. 31, 2011, 125 Stat. 1465, provided that:"(a) IMPLEMENTATION PLAN.-The Secretary of Defense shall develop a plan to implement subchapters I and II of chapter 8 of title 37, United States Code (as added by section 631(b) of this Act), and to transition all of the travel and transportation programs for members of the uniformed services under chapter 7 of title 37, United States Code, solely to provisions of those subchapters by the end of the transition period. "(b) AUTHORITY FOR MODIFICATIONS TO OLD-LAW AUTHORITIES DURING TRANSITION PERIOD.-During the transition period, the Secretary of Defense and the Secretaries concerned, in using the authorities under subchapter III of chapter 8 of title 37, United States Code (as so added), may apply those authorities subject to the terms of such provisions and such modifications as the Secretary of Defense may include in the implementation plan required under subsection (a) or in any subsequent modification to that implementation plan."(c) COORDINATION.-The Secretary of Defense shall prepare the implementation plan under subsection (a) and any modification to that plan under subsection (b) in coordination with-"(1) the Secretary of Homeland Security, with respect to the Coast Guard; "(2) the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service; and"(3) the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration."(d) PROGRAM OF COMPLIANCE.-The Secretary of Defense and the other administering Secretaries shall commence the operation of the programs of compliance required by section 463 of title 37, United States Code (as so added), by not later than one year after the date of the enactment of this Act [Dec. 31, 2011]."(e) TRANSITION PERIOD.-In this section, the term 'transition period' means the 10-year period beginning on the first day of the first month beginning after the date of the enactment of this Act."