37 U.S.C. § 451 — Definitions

Page 200 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 451 under orders that are canceled, revoked, or modified’’, 476b ‘‘Travel and transportation allowances: members of the uniformed services attached to a ship over- hauling or inactivating’’, 476c ‘‘Travel and transpor- tation allowances: members assigned to a vessel under construction’’, 477 ‘‘Travel and transportation allow- ances: dislocation allowance’’, 478 ‘‘Travel and trans- portation allowances: travel within limits of duty sta- tion’’, 478a ‘‘Travel and transportation allowances: in- active duty training outside of the normal commuting distances’’, 479 ‘‘Travel and transportation allowances: house trailers and mobile homes’’, 480 ‘‘Travel and transportation allowances: miscellaneous categories’’, 481 ‘‘Travel and transportation allowances: administra- tive provisions’’, 481a ‘‘Travel and transportation al- lowances: travel performed in connection with con- valescent leave’’, 481b ‘‘Travel and transportation al- lowances: travel performed in connection with leave be- tween consecutive overseas tours’’, 481c ‘‘Travel and transportation allowances: travel performed in connec- tion with rest and recuperative leave from certain sta- tions in foreign countries’’, 481d ‘‘Travel and transpor- tation allowances: transportation incident to personal emergencies for certain members and dependents’’, 481e ‘‘Travel and transportation allowances: transportation incident to certain emergencies for members per- forming temporary duty’’, 481f ‘‘Travel and transpor- tation allowances: transportation for survivors of de- ceased member to attend the member’s burial cere- monies’’, 481h ‘‘Travel and transportation allowances: transportation of designated individuals incident to hospitalization of members for treatment of wounds, illness, or injury’’, 481i ‘‘Travel and transportation al- lowances: parking expenses’’, 481j ‘‘Travel and trans- portation allowances: transportation of family mem- bers incident to the repatriation of members held cap- tive’’, 481k ‘‘Travel and transportation allowances: non- medical attendants for members determined to be very seriously or seriously wounded, ill, or injured’’, 481l ‘‘Travel and transportation allowances: attendance of members and others at Yellow Ribbon Reintegration Program events’’, 484 ‘‘Travel and transportation: de- pendents of members in a missing status; household and personal effects; trailers; additional movements; motor vehicles; sale of bulky items; claims for pro- ceeds; appropriation chargeable’’, 488 ‘‘Allowance for recruiting expenses’’, 489 ‘‘Travel and transportation allowances: minor dependent schooling’’, 490 ‘‘Travel and transportation: dependent children of members sta- tioned overseas’’, 491 ‘‘Benefits for certain members as- signed to the Defense Intelligence Agency’’, 492 ‘‘Travel and transportation: members escorting certain depend- ents’’, and 494 ‘‘Subsistence reimbursement relating to escorts of foreign arms control inspection teams’’. Pub. L. 116–283, div. A, title IV, § 604(c)(2), Jan. 1, 2021, 134 Stat. 3672, struck out item 475 ‘‘Travel and trans- portation allowances: per diem while on duty outside the continental United States’’ and item 495 ‘‘Funeral honors duty: allowance’’. 2019—Pub. L. 116–92, div. A, title VI, § 606(b), Dec. 20, 2019, 133 Stat. 1425, added item 456. SUBCHAPTER I—TRAVEL AND TRANSPOR- TATION AUTHORITIES—NEW LAW § 451. Definitions (a) DEFINITIONS RELATING TO PERSONS.—In this subchapter and subchapter II: (1) The term ‘‘administering Secretary’’ or ‘‘administering Secretaries’’ means the fol- lowing: (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 re- spect to the National Oceanic and Atmos- pheric 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 transpor- tation allowances when performing official travel ordered or authorized by the admin- istering Secretary. Such term includes the fol- lowing: (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 attend- ant 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 un- able to accompany the dependents who are incapable of traveling alone. (D) A person who participates in a mili- tary 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 serv- ice is considered directly related to a Gov- ernment official activity or function under regulations prescribed under section 464 of this title. (H) Any other person not covered by sub- paragraphs (A) through (G) who is deter- mined by the administering Secretary pur- suant to regulations prescribed under sec- tion 464 of this title as warranting the provi- sion of travel benefits for purposes of the fol- lowing: (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 individ- uals incident to the hospitalization of members as provided in section 452(b)(12) of this title. (iii) Transportation of designated indi- viduals incident to the repatriation of members as provided in section 452(b)(13) of this title. (iv) Transportation of non-medical at- tendants as provided in section 452(b)(14) of this title. (v) Transportation of designated individ- uals to attend Yellow Ribbon Reintegra- tion Program events as provided in section 452(b)(15) of this title. (vi) Transportation of a person with re- gard to a single event when the admin- istering Secretary determines that the travel is necessary to ensure fairness and equity, respond to emergency or humani- tarian circumstances, or serve the best in- terests of the Government. (vii) Transportation of a dependent child of a member of the uniformed services to Page 201 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 451 the United States to obtain formal sec- ondary, undergraduate, graduate, or voca- tional education, if the permanent duty assignment location of the member is out- side the continental United States (other than in Alaska or Hawaii). (viii) Transportation of a dependent child of a member of the uniformed serv- ices within the United States to obtain formal secondary, undergraduate, grad- uate, or vocational education, if the per- manent 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 sub- chapter and subchapter II: (1) The term ‘‘official travel’’ means the fol- lowing: (A) Military duty or official business per- formed by an authorized traveler away from a duty assignment location or other author- ized location. (B) Travel performed by an authorized traveler ordered to relocate from a perma- nent 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 uni- formed service. (D) Local travel in or around the tem- porary duty or permanent duty station. (E) Other travel as authorized or ordered by the administering Secretary. (2) The term ‘‘actual and necessary ex- penses’’ means expenses incurred in fact by an authorized traveler as a reasonable con- sequence of official travel. (3) The term ‘‘travel allowances’’ means the daily lodging, meals, and other related ex- penses, including relocation expenses, incurred by an authorized traveler while on official travel. (4) The term ‘‘transportation allowances’’ means the costs of temporarily or perma- nently moving an authorized traveler, the per- sonal 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 addi- tion to authorized allowances during the per- formance of official travel by an authorized traveler. (7) The term ‘‘personal property’’, with re- spect 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 serv- ices and the member’s dependents in relation to a change in the member’s permanent duty assignment location ordered for the conven- ience of the Government or incident to an evacuation. (10)(A) The term ‘‘permanent duty assign- ment location’’ means— (i) the official station of a member of the uniformed services; or (ii) the residence of a dependent of a mem- ber of the uniformed services. (B) As used in subparagraph (A)(ii), the resi- dence of a dependent who is a student not liv- ing with the member while at school is the permanent duty assignment location of the de- pendent student. (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 AMENDMENTS 2022—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), sub- stituted ‘‘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), sub- stituted ‘‘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 Page 202 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 452 necessary travel performed not later than one year after the member is unable to accompany the depend- ents who are incapable of traveling alone’’ before pe- riod at end. Statutory Notes and Related Subsidiaries PURPOSE OF CONSOLIDATION AND REFORM OF TRAVEL AND TRANSPORTATION AUTHORITIES OF THE UNI- FORMED 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 trans- portation 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 imple- ment 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 cum- bersome 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 De- fense 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 mem- bers 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 AU- THORITIES DURING TRANSITION PERIOD.—During the transition period, the Secretary of Defense and the Sec- retaries concerned, in using the authorities under sub- chapter 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 implemen- tation plan required under subsection (a) or in any sub- sequent 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 re- spect 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 De- fense 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.’’ § 452. Allowable travel and transportation: gen- eral authorities (a) IN GENERAL.—Except as otherwise prohib- ited 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, offi- cial 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 fol- lowing circumstances, to the extent specified in regulations prescribed under section 464 of this title: (1) Temporary duty that requires travel be- tween a permanent duty assignment location and another authorized temporary duty loca- tion, and travel in or around the temporary duty location. (2) Permanent change of station that re- quires travel between an old and new tem- porary 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 Govern- ment department or agency. (6) Rest and recuperative leave. (7) Convalescent leave. (8) Reenlistment leave. (9) Reserve component inactive-duty train- ing 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 mili- tary medical facility incident to the illness or injury of members. (13) Presence of family members at the repa- triation of members held captive. (14) Presence of non-medical attendants for very seriously or seriously wounded, ill, or in- jured members. (15) Attendance at Yellow Ribbon Reintegra- tion Program events. (16) Missing status, as determined by the Secretary concerned under chapter 10 of this title. (17) Attendance at or participation in inter- national sports competitions described under section 717 of title 10. (18) Travel by a dependent child to the United States to obtain formal secondary, un- dergraduate, graduate, or vocational edu- cation, if the permanent duty assignment lo- cation of the member of the uniformed serv- ices 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, un- dergraduate, graduate, or vocational edu- cation, if the permanent duty assignment lo- cation of the member of the uniformed serv- ices 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 de- pendent to a location where a member of the uniformed services is on permanent duty aboard a ship that is overhauling, inac- tivating, or under construction.