37 U.S.C. § 453

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

Section 453 - Allowable travel and transportation: specific authorities

(a) IN GENERAL.-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) AUTHORIZED ABSENCE FROM TEMPORARY DUTY LOCATION.-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) MOVEMENT OF PERSONAL PROPERTY.-

(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) UNUSUAL OR EMERGENCY CIRCUMSTANCES.-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) PARTICULAR SEPARATION PROVISIONS.-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) ATTENDANCE AT MEMORIAL CEREMONIES AND SERVICES.-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.

(g) REIMBURSEMENT OF QUALIFYING SPOUSE RELICENSING COSTS AND BUSINESS COSTS.-

(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 and qualified business costs of the spouse of the member when-

(A) the member relocates to a new jurisdiction or geographic area as the result of-

(i) an assignment to a duty station;

(ii) a reassignment, either as a result of a permanent change of station or permanent change of assignment, between duty stations;

(iii) a transfer from a regular component of a uniformed service into the Selected Reserve of the Ready Reserve of a uniformed service, if the member is authorized a final move from the last duty station to the new jurisdiction or geographic area; or

(iv) placement on the temporary disability retired list under chapter 61 of title 10; 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 relocation.

(2)

(A) Reimbursement provided to a member under this subsection for qualified relicensing costs may not exceed $1,000 in connection with each relocation described in paragraph (1).

(B) Reimbursement provided to a member under this subsection for qualified business costs may not exceed $1,000 in connection with each relocation described in paragraph (1).

(3) No reimbursement may be provided under this subsection for qualified relicensing costs or qualified business costs paid or incurred after December 31, 2029.

(4) In this subsection, the term "qualified relicensing costs" means costs, including exam, continuing education courses, business license, permit, and registration fees, incurred by the spouse of a member if-

(A) the spouse was licensed or certified in a profession, or owned a business, during the member's previous duty assignment and requires a new professional license or certification, or business license or permit, to engage in that profession in a new jurisdiction because of the member's relocation described in paragraph (1); and

(B) the costs were incurred or paid to secure or maintain the professional license or certification, or business license or permit, from the new jurisdiction in connection with such relocation.

(5) In this subsection, the term "qualified business costs" means costs, including moving services for equipment, equipment removal, new equipment purchases, information technology expenses, and inspection fees, incurred by the spouse of a member if-

(A) the spouse owned a business during the member's previous duty assignment and the costs result from a the member's relocation described in paragraph (1); and

(B) the costs were incurred or paid to move such business to a new location in connection with such relocation.

(h) REIMBURSEMENT FOR TRANSPORTATION OF PETS ARISING FROM CERTAIN PERMANENT CHANGES OF STATIONS.-

(1) The Secretary concerned may reimburse a member for any cost related to the relocation of a pet that arises from a permanent change of station of such member within the continental United States. Such reimbursement may not exceed $550 for each such permanent change of station.

(2) The Secretary concerned may reimburse a member for any cost related to the relocation of a pet that arises from a permanent change of station of such member to or from a duty station located outside the continental United States. Such reimbursement may not exceed $4,000 for each such permanent change of station.

(i) ATTENDANCE AT PROFESSIONAL MILITARY EDUCATION INSTITUTION OR TRAINING CLASSES.-

(1) The Secretary of the military department concerned may authorize temporary duty status, and travel and transportation allowances payable to a member in such status, for a member under the jurisdiction of such Secretary who is reassigned-

(A) between duty stations located within the United States;

(B) for a period of not more than one year;

(C) for the purpose of participating in professional military education or training classes,

(D) with orders to return to the duty station where the member maintains primary residence and the dependents of such member reside.

(2) If the Secretary of the military department concerned assigns permanent duty status to a member described in paragraph (1), such member shall be eligible for travel and transportation allowances including the following:

(A) Transportation, including mileage at the same rate paid for a permanent change of station.

(B) Per diem while traveling between the permanent duty station and professional military education institution or training site.

(C) Per diem paid in the same manner and amount as temporary lodging expenses.

(D) Per diem equal to the amount of the basic allowance for housing under section 403 of this title paid to a member-

(i) in the grade of such member;

(ii) without dependents;

(iii) who resides in the military housing area in which the professional military education institution or training site is located.

(E) Movement of household goods in an amount determined under applicable regulations.

37 U.S.C. § 453

Added Pub. L. 112-81, div. A, title VI, §631(b), Dec. 31, 2011, 125 Stat. 1457; amended Pub. L. 113-66, div. A, title VI, §621(c)(1), (h), Dec. 26, 2013, 127 Stat. 783, 784; Pub. L. 114-328, div. A, title V, §522(c), Dec. 23, 2016, 130 Stat. 2116; Pub. L. 116-283, div. A, title VI, §622(a), Jan. 1, 2021, 134 Stat. 3676; Pub. L. 117-263, div. A, title VI, §§622(a), Dec. 23, 2022, 623, Dec. 23, 2022 - 625, Dec. 23, 2022, 136 Stat. 2625-2627; Pub. L. 118-31, div. A, title VI, §635, Dec. 22, 2023, 137 Stat. 298.

EDITORIAL NOTES

AMENDMENTS2023-Subsec. (g). Pub. L. 118-31, §635(1), substituted "REIMBURSEMENT OF QUALIFYING SPOUSE RELICENSING COSTS AND BUSINESS COSTS" for REIMBURSEMENT OF QUALIFYING SPOUSE RELICENSING COSTS OR BUSINESS COSTS INCIDENT TO A MEMBER'S PERMANENT CHANGE OF STATION OR ASSIGNMENT in heading.Subsec. (g)(1). Pub. L. 118-31, §635(2)(A), substituted "and qualified business costs" for "or qualified business costs" in introductory provisions. Subsec. (g)(1)(A). Pub. L. 118-31, §635(2)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "the member is reassigned, either as a permanent change of station or permanent change of assignment, between duty stations located in separate jurisdictions with unique licensing or certification requirements and authorities; and". Subsec. (g)(1)(B). Pub. L. 118-31, §635(2)(C), substituted "relocation" for "reassignment".Subsec. (g)(2). Pub. L. 118-31, §635(3), substituted "relocation" for "reassignment" in subpars. (A) and (B).Subsec. (g)(4)(A). Pub. L. 118-31, §635(4)(A), substituted "the member's relocation described in paragraph (1);" for "movement described in paragraph (1)(B) in connection with the member's change in duty location pursuant to reassignment described in paragraph (1)(A);".Subsec. (g)(4)(B). Pub. L. 118-31, §635(4)(B), substituted "relocation" for "reassignment". Subsec. (g)(5)(A). Pub. L. 118-31, §635(5)(A), substituted "the member's relocation described in paragraph (1);" for "movement described in paragraph (1)(B) in connection with the member's change in duty location pursuant to reassignment described in paragraph (1)(A);". Subsec. (g)(5)(B). Pub. L. 118-31, §635(5)(B), substituted "relocation" for "reassignment".2022-Subsec. (g). Pub. L. 117-263, §622(a)(1), inserted "Relicensing Costs" after "Relicensing Costs" in heading.Subsec. (g)(1). Pub. L. 117-263, §622(a)(2), inserted "or qualified business costs" after "qualified relicensing costs" in introductory provisions. Subsec. (g)(2). Pub. L. 117-263, §622(a)(3), designated existing provisions as subpar. (A), inserted "for qualified relicensing costs" after "subsection", substituted "$1,000" for "$1000", and added subpar. (B).Subsec. (g)(3). Pub. L. 117-263, §§622(a)(4), 623, inserted "or qualified business costs" after "qualified relicensing costs" and substituted "December 31, 2029" for "December 31, 2024". Subsec. (g)(4). Pub. L. 117-263, §622(a)(5)(A), inserted "business license, permit," after "courses," in introductory provisions.Subsec. (g)(4)(A). Pub. L. 117-263, §622(a)(5)(B), inserted ", or owned a business," before "during", "professional" before "license", and ", or business license or permit," after "certification".Subsec. (g)(4)(B). Pub. L. 117-263, §622(a)(5)(C), inserted "professional" before "license" and ", or business license or permit," after "certification".Subsec. (g)(5). Pub. L. 117-263, §622(a)(6), added par. (5).Subsec. (h). Pub. L. 117-263, §624, added subsec. (h).Subsec. (i). Pub. L. 117-263, §625, added subsec. (i). 2021-Subsec. (g). Pub. L. 116-283 added subsec. (g).2016-Subsec. (g). Pub. L. 114-328 struck out subsec. (g). Text read as follows: "A member may be reimbursed as specified in regulations prescribed under section 464 of this title for travel and related expenses incurred by the member as a result of the cancellation of previously approved leave when the leave is cancelled in conjunction with the member's participation in a contingency operation and the cancellation occurs within 48 hours of the time the leave would have commenced. The settlement for reimbursement under this subsection is final and conclusive." 2013-Subsec. (c)(3). Pub. L. 113-66, §621(h), substituted "(including household goods in temporary storage, but excluding packing and crating)" for "(including packing, crating, and household goods in temporary storage)".Subsec. (g). Pub. L. 113-66, §621(c)(1), added subsec. (g).

STATUTORY NOTES AND RELATED SUBSIDIARIES

STORAGE OF HOUSEHOLD EFFECTS Pub. L. 101-510, div. A, title V, §503(c), Nov. 5, 1990, 104 Stat. 1558, as amended by Pub. L. 103-160, div. A, title V, §561(l)(2), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 105-261, div. A, title V, §561(f), Oct. 17, 1998, 112 Stat. 2025; Pub. L. 106-398, §1 [[div. A], title V, §571(f)], Oct. 30, 2000, 114 Stat. 1654, 1654A-134; Pub. L. 112-81, div. A, title VI, §631(f)(4)(B), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112-239, div. A, title X, §1076(a)(9), Jan. 2, 2013, 126 Stat. 1948, provided that:"(1) The Secretary of a military department shall exercise the authority provided by section 476 of title 37, United States Code, to provide nontemporary storage of baggage and household effects for a period not longer than one year in the case of individuals who are involuntarily separated during the period beginning on October 1, 1990, and ending on December 31, 2001."(2) For purposes of this subsection, the term 'involuntarily separated' has the meaning given that term in section 1141 of title 10, United States Code."