37 USC § 474a Travel and transportation allowances: temporary lodging expenses | United States Code | US Law

37 USC § 474a

Travel and transportation allowances: temporary lodging expenses

October 21, 2020

USC

(a) Payment or Reimbursement of Subsistence Expenses.—(1) Under regulations prescribed by the Secretaries concerned, a member of a uniformed service who is ordered to make a change of permanent station described in paragraph (2) shall be paid or reimbursed for subsistence expenses of the member and the member's dependents for the period (subject to subsection (c)) for which the member and dependents occupy temporary quarters incident to that change of permanent station.

(2) Paragraph (1) applies to the following:

(A) A permanent change of station from any duty station to a duty station in the United States (other than Hawaii or Alaska).

(B) A permanent change of station from a duty station in the United States (other than Hawaii or Alaska) to a duty station outside the United States or in Hawaii or Alaska.

(C) In the case of a member who is reporting to the member's first permanent duty station, the change from the member's home of record or initial technical school to that first permanent duty station.

(b) Payment in Advance.—The Secretary concerned may make any payment for subsistence expenses to a member under this section in advance of the member actually incurring the expenses. The amount of an advance payment made to a member shall be computed on the basis of the Secretary's determination of the average number of days that members and their dependents occupy temporary quarters under the circumstances applicable to the member and the member's dependents.

(c) Maximum Payment Period.—(1) In the case of a change of permanent station described in subparagraph (A) or (C) of subsection (a)(2), the period for which subsistence expenses are to be paid or reimbursed under this section may not exceed 10 days.

(2) In the case of a change of permanent station described in subsection (a)(2)(B)—

(A) the period for which such expenses are to be paid or reimbursed under this section may not exceed five days; and

(B) such payment or reimbursement may be provided only for expenses incurred before leaving the United States (other than Hawaii or Alaska).

(3) Whenever the conditions described in clause (i) or (ii) of subparagraph (A) of section 403(b)(7) of this title exist for a military housing area or portion thereof, the Secretary concerned may increase the period for which subsistence expenses are to be paid or reimbursed under this section in the case of a change of permanent station described in subparagraph (A) or (C) of subsection (a)(2) in the same military housing area or portion thereof to a maximum of 60 days.

(d) Daily Subsistence Rates.—Regulations prescribed under subsection (a) shall prescribe average daily subsistence rates for purposes of this section for the member and for each dependent. Such rates may not exceed the maximum per diem rates prescribed under section 474(d) of this title for the area where the temporary quarters are located.

(e) Maximum Daily Payment.—A member may not be paid or reimbursed more than $290 a day under this section.

(f) Termination.—No payment or reimbursement may be provided under this section with respect to a change of permanent station for which orders are issued after the travel authorities transition expiration date.

Amendments

2013—Subsec. (d). Pub. L. 112–239, §1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, §631(f)(4)(A). See 2011 Amendment note below.

2011—Pub. L. 112–81, §631(d)(2), renumbered section 404a of this title as this section.

Subsec. (d). Pub. L. 112–81, §631(f)(4)(A), as amended by Pub. L. 112–239, §1076(a)(9), substituted "474(d)" for "404(d)".

Subsec. (f). Pub. L. 112–81, §631(e)(2), added subsec. (f).

2008—Subsec. (c)(3). Pub. L. 110–181 substituted "60 days" for "20 days".

Subsec. (e). Pub. L. 110–417 substituted "$290 a day" for "$180 a day".

2006—Subsec. (c)(3). Pub. L. 109–163 added par. (3).

2001—Subsec. (a)(2)(C). Pub. L. 107–107, §632(a), substituted "a member who" for "an enlisted member who".

Subsec. (e). Pub. L. 107–107, §632(b), substituted "$180" for "$110".

2000—Subsec. (a). Pub. L. 106–398, §1 [[div. A], title VI, §641(a)(2)], added subsec. (a) and struck out former subsec. (a) which provided that a member of a uniformed service who was ordered to make certain changes of permanent station was to be paid or reimbursed for subsistence expenses actually incurred by the member and the member's dependents while occupying temporary quarters.

Subsec. (b). Pub. L. 106–398, §1 [[div. A], title VI, §641(a)(2)], added subsec. (b). Former subsec. (b) redesignated (d).

Subsec. (c). Pub. L. 106–398, §1 [[div. A], title VI, §641(a)(2)], added subsec. (c). Former subsec. (c) redesignated (e).

Subsec. (d). Pub. L. 106–398, §1 [[div. A], title VI, §641(a)(1), (c)(1)], redesignated subsec. (b) as (d) and inserted heading.

Subsec. (e). Pub. L. 106–398, §1 [[div. A], title VI, §641(a)(1), (c)(2)], redesignated subsec. (c) as (e) and inserted heading.

1999—Subsec. (a). Pub. L. 106–65 added par. (3) and substituted "paragraph (1) or (3)" for "clause (1)" and "paragraph (2)" for "clause (2)" in concluding provisions.

1993—Subsec. (a). Pub. L. 103–160, §621(a), substituted "10 days" for "four days" in second sentence and "five days" for "two days" in third sentence.

Subsec. (d). Pub. L. 103–160, §621(b), struck out subsec. (d) which read as follows: "In the case of a member who is ordered to make a change of permanent station described in subsection (a)(1) during fiscal years 1993 through 1997, the Secretary concerned may extend the period for which subsistence expenses incurred incident to that change are paid or reimbursed to not more than 10 days if the new duty station is in a geographical area where there is a shortage of safe and affordable housing because of the arrival of members of the armed forces in the area as part of the withdrawal of members of the armed forces from duty stations outside the United States, the closure or realignment of military installations, or the restructuring or deactivation of military units. The existence of such a shortage of safe and affordable housing in an area shall be determined by the Secretary concerned."

1992—Subsec. (d). Pub. L. 102–484 added subsec. (d).

1991—Subsec. (a). Pub. L. 102–25, §702(b)(2), struck out "of this subsection" after "clause (1)" and "clause (2)".

Subsec. (b). Pub. L. 102–25, §702(b)(1), struck out "of this section" after "subsection (a)".

1985—Subsec. (a). Pub. L. 99–145 substituted "shall" for "may" in first sentence, and substituted "are to" for "may" the first place it appears in second and third sentences.

Effective Date of 2013 Amendment

Pub. L. 112–239, div. A, title X, §1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.

Effective Date of 2006 Amendment

Amendment by Pub. L. 109–163 applicable with respect to months beginning on or after Sept. 1, 2005, see section 609(c) of Pub. L. 109–163, set out as a note under section 403 of this title.

Effective Date of 2001 Amendment

Pub. L. 107–107, div. A, title VI, §632(c), Dec. 28, 2001, 115 Stat. 1144, provided that: "The amendments made by this section [amending this section] shall take effect on January 1, 2002, and apply with respect to an order issued on or after that date to a member of the uniformed services to report to the member's first permanent duty station."

Effective Date of 1993 Amendment

Pub. L. 103–160, div. A, title VI, §621(c), Nov. 30, 1993, 107 Stat. 1682, provided that: "The amendments made by this section [amending this section] shall take effect on April 1, 1994."

Effective Date of 1985 Amendment

Pub. L. 99–145, title VI, §613(b), Nov. 8, 1985, 99 Stat. 640, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1985."

Effective Date

Pub. L. 97–60, title I, §122(c), Oct. 14, 1981, 95 Stat. 1003, provided that: "The amendments made by this section [enacting this section and amending section 411 of this title] shall take effect on April 1, 1982."

Prohibition on Payment of Temporary Lodging Expenses; Exception

Pub. L. 99–500, §101(c) [title IX, §9097], Oct. 18, 1986, 100 Stat. 1783–82, 1783–117, and Pub. L. 99–591, §101(c) [title IX, §9097], Oct. 30, 1986, 100 Stat. 3341–82, 3341–117, provided that none of the funds appropriated by the Department of Defense Appropriations Act, 1987, Pub. L. 99–500, §101(c), and Pub. L. 99–591, §101(c), were to be available to pay temporary lodging expenses pursuant to subsec. (a) of this section, except that during fiscal year 1987, this provision was not to apply to those military personnel with dependents in grades E–4 and below.

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