37 U.S.C. § 452

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

Section 452 - Allowable travel and transportation: general authorities

(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.

37 U.S.C. § 452

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.

EDITORIAL NOTES

AMENDMENTS2022-Subsec. (b)(18), (21). Pub. L. 117-263, §621(1), redesignated par. (18), relating to presence of family members at the funeral and memorial services of members, as (21).Subsec. (b)(22), (23). Pub. L. 117-263, §621(2), added pars. (22) and (23). 2021-Subsec. (b)(18). Pub. L. 117-81, §623, added par. (18) relating to presence of family members at the funeral and memorial services of members at end of subsec. (b). Pub. L. 117-81, §603(c)(1), added par. (18) relating to travel by a dependent child to the United States to obtain formal secondary, undergraduate, graduate, or vocational education.Subsec. (b)(19). Pub. L. 117-81, §603(c)(1), added par. (19).Subsec. (b)(20). Pub. L. 117-81, §603(d)(1)(A), added par. (20).Subsec. (c)(1). Pub. L. 116-283, §605, inserted "(including fares and tolls, without regard to distance travelled)" after "transportation". Subsec. (c)(4), (5). Pub. L. 116-283, §1299N, added par. (4) and redesignated former par. (4) as (5).Subsec. (i). Pub. L. 117-81, §603(d)(1)(B), added subsec. (i). 2019-Subsec. (c)(3), (4). Pub. L. 116-92 added par. (3) and redesignated former par. (3) as (4).