§452 — Title 37 Pay and Allowances of the Uniformed Services | U.S. Code

Summary

Allows the military to pay for or provide travel, lodging, meals, or other necessary travel costs for service members and other approved travelers when they travel on official business under rules the service sets. It covers many situations, including temporary duty travel, permanent change of station moves, consecutive overseas moves, recruiting, details to other agencies, rest or convalescent leave, reenlistment leave, reserve training outside normal commuting distance, muster duty, emergencies or hardship, family travel for medical care or repatriation, non‑medical attendants for seriously injured members, Yellow Ribbon events, missing status, international sports, dependent education travel in certain overseas or Alaska/Hawaii cases, travel tied to ship overhauls, and funerals. Payments can include transportation, lodging, meals, moving or dislocation allowances, passport and visa fees, and other related costs. The government can pay actual expenses, give an allowance, provide services in kind, or use a mix. If orders are canceled or changed, travelers may still get needed expenses. Advance payments are allowed. The United States will not pay unauthorized costs or any expense that another government or non‑government source can cover. For travel tied to ship overhauls, the member must be permanently assigned to the ship for 31 or more consecutive days to get allowances; those allowances begin on day 31 and recur every 60 days. Dependent travel may be paid from the ship’s old home port to the overhaul port, but total dependent reimbursement cannot exceed the cost of one government‑procured commercial round trip. For reserve inactive‑duty training or muster duty, members who travel more than 50 miles from their permanent residence get travel and meal/incidentals like other official travel. Permanent residence is set no later than 30 days after a permanent duty assignment begins and generally cannot be changed until new permanent‑change orders, though the Secretary may make exceptions.

Title 37, §452

Pay and Allowances of the Uniformed Services — Source: USLM XML via OLRC

(a)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)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)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)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)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)An authorized traveler may be allowed advance payments for authorized travel and transportation allowances.

(g)Any unauthorized travel or transportation expense is not the responsibility of the United States.

(h)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)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.

(j)(1)If a member of the uniformed services travels more than 50 miles from the member’s permanent residence (as established under paragraph (2)) for training described in paragraph (9) of subsection (b) or duty described in paragraph (10) of that subsection, the member shall be provided, in the form of actual expenses, in-kind, or a combination thereof—

(A)actual and necessary expenses of travel and transportation for, or in connection with, such travel; and

(B)meals, incidentals, and expenses related to such travel, to the same extent specified in regulations prescribed under section 464 of this title for a member on official travel.

(2)For purposes of paragraph (1), the permanent residence of a member—

(A)shall be established not later than 30 days after the date on which the permanent duty assignment of the member begins; and

(B)may not be re-established until after the member receives subsequent orders for a permanent change of assignment.

(3)In the case of a member whose permanent residence changes after the date described in subparagraph (A) of paragraph (2) and before the member receives orders described in subparagraph (B) of such paragraph, the Secretary concerned may provide the member expenses described in paragraph (1) or such other reimbursement as the Secretary determines appropriate if the member travels more than 50 miles from the new permanent residence of the member for training described in paragraph (9) of subsection (b) or duty described in paragraph (10) of such subsection.

Notes & Related Subsidiaries

Applicability of AmendmentAmendment of section by Pub. L. 118–159 applicable to travel on or after Jan. 1, 2027. See 2024 Amendment note below.

Editorial Notes

Amendments

2024—Subsec. (j). Pub. L. 118–159 added subsec. (j). 2022—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).

Statutory Notes and Related Subsidiaries

Effective Date

of 2024 Amendment Pub. L. 118–159, div. A, title VI, § 623(b), Dec. 23, 2024, 138 Stat. 1934, provided that: “The amendment made by subsection (a) [amending this section] shall apply to travel on or after January 1, 2027.”

§452 Allowable travel and transportation: general authorities