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U.S. Code as of:
01/19/04
Section 404. Travel and transportation allowances: general
(a) Except as provided in subsection (f) and under regulations
prescribed by the Secretaries concerned, a member of a uniformed
service is entitled to travel and transportation allowances for
travel performed or to be performed under orders, without regard to
the comparative costs of the various modes of transportation -
(1) upon a change of permanent station, or otherwise, or when
away from his designated post of duty regardless of the length of
time he is away from that post;
(2) upon appointment, call to active duty, enlistment, or
induction, from his home or from the place from which called or
ordered to active duty to his first station;
(3) upon separation from the service, placement on the
temporary disability retired list, release from active duty, or
retirement, from his last duty station to his home or the place
from which he was called or ordered to active duty, whether or
not he is or will be a member of a uniformed service at the time
the travel is or will be performed;
(4) when away from home to perform duty, including duty by a
member of the Army National Guard of the United States or the Air
National Guard of the United States, as the case may be, in his
status as a member of the National Guard, for which he is
entitled to, or has waived, pay under this title; and
(5) when not on active duty, if assigned to a Reserve school,
and attending a reserve training meeting for the purpose of
performing duties as an instructor at such meeting, if such
meeting is 100 or more miles from the site at which the member
would attend paid drills of the Reserve school to which he is
assigned.
(b)(1) The Secretaries concerned may prescribe -
(A) the conditions under which travel and transportation
allowances are authorized, including advance payments thereof;
and
(B) the allowances for the kinds of travel, but not more than
the amounts authorized in this section.
(2) In prescribing such conditions and allowances, the
Secretaries concerned shall provide that a member who is performing
travel under orders away from his designated post of duty and who
is authorized a per diem under clause (2) of subsection (d) shall
be paid for the meals portion of that per diem in a cash amount at
a rate that is not less than the rate established under section
1011(a) of this title for meals sold to members. The preceding
sentence shall not apply with respect to a member on field duty or
sea duty (as defined in regulations prescribed under section
403(f)(3) of this title) or a member of a unit with respect to
which the Secretary concerned has determined that unit messing is
essential to the accomplishment of the unit's training and
readiness.
(c)(1) Under uniform regulations prescribed by the Secretaries
concerned and as provided in paragraph (2), a member who -
(A) is retired, or is placed on the temporary disability
retired list, under chapter 61 of title 10;
(B) is retired with pay under any other law, or, immediately
following at least eight years of continuous active duty with no
single break therein or more than 90 days, is discharged with
separation pay or severance pay or is involuntarily released from
active duty with separation pay or readjustment pay; or
(C) is involuntarily separated from active duty during the
period beginning on October 1, 1990, and ending on December 31,
2001,
may, not later than one year from the date he is so retired, placed
on that list, involuntarily separated, discharged, or released,
except as prescribed in regulations by the Secretaries concerned,
select his home for the purposes of the travel and transportation
allowances authorized by subsection (a).
(2) A member authorized under paragraph (1) to select a home for
the purposes of such allowances may select as his home -
(A) any place within the United States;
(B) the place outside the United States from which the member
was called or ordered to active duty to his first duty station;
or
(C) any other place.
However, if the member selects as his home a place other than a
place described in clause (A) or (B) of the preceding sentence, the
travel and transportation allowances authorized by subsection (a)
may not exceed the allowances which would be payable if the place
selected as his home were in the United States (other than Hawaii
or Alaska).
(d)(1) The travel and transportation allowances authorized for
each kind of travel may not be more than one of the following:
(A) Transportation in kind, reimbursement therefor, or, under
regulations prescribed by the Secretaries concerned, when travel
by privately owned conveyance is authorized or approved as more
advantageous to the Government, a monetary allowance in place of
the cost of transportation, at the rates provided in section 5704
of title 5.
(B) Transportation in kind, reimbursement therefor, or a
monetary allowance as provided in subparagraph (A), plus a
payment in lieu of subsistence as provided in paragraph (2) in an
amount sufficient to meet normal and necessary expenses in the
area to which travel is performed.
(C) A mileage allowance at a rate per mile prescribed by the
Secretaries concerned and based on distances established under
subparagraph (A).
(2) Under regulations prescribed by the Secretaries concerned, a
member of a uniformed service entitled to travel and transportation
allowances under subsection (a) is entitled to any of the
following:
(A) A per diem allowance at a rate not to exceed that
established by the Secretaries concerned.
(B) Reimbursement for the actual and necessary expenses of
official travel not to exceed an amount established by the
Secretaries concerned.
(C) A combination of payments described in subparagraphs (A)
and (B).
(3) A per diem allowance or maximum amount of reimbursement
established for purposes of paragraph (2) shall be established, to
the extent feasible, by locality.
(4) For travel consuming less than a full day, the payment
prescribed by regulation under paragraph (2) shall be allocated in
such manner as the Secretaries concerned prescribe.
(5) Effective January 1, 2003, the per diem rates established
under paragraph (2)(A) for travel performed in connection with a
change of permanent station or for travel described in paragraph
(2) or (3) of subsection (a) shall be equal to the standard per
diem rates established in the Federal travel regulation for travel
within the continental United States of civilian employees and
their dependents, unless the Secretaries concerned determine that a
higher rate for members is more appropriate.
(e) A member who is on duty with, or is undergoing training for,
the Air Mobility Command, the Marine Corps Transport Squadrons, the
Fleet Tactical Support Squadrons, the Naval Aircraft Ferrying
Squadrons, or any other unit determined by the Secretary concerned
to be performing duties similar to the duties performed by such
command or squadrons, and who is away from his permanent station,
may be paid a per diem in lieu of subsistence in an amount not more
than the amount to which he would be entitled if he were performing
travel in connection with temporary duty without, in either case,
the issuance of orders for specific travel.
(f)(1) The travel and transportation allowances authorized under
this section for a member who is separated from the service or
released from active duty may be paid or provided only for travel
actually performed.
(2)(A) Except as provided in subparagraph (B), a member who is
separated from the service or released from active duty and who -
(i) on the date of his separation from the service or release
from active duty, has not served on active duty for a period of
time equal to at least 90 percent of the period of time for which
he initially enlisted or otherwise initially agreed to serve; or
(ii) is separated from the service or released from active duty
under other than honorable conditions, as determined by the
Secretary concerned;
may be provided travel and transportation under this section only
by transportation in kind by the least expensive mode of
transportation available or by a monetary allowance that does not
exceed the cost to the Government of such transportation in kind.
(B) Subparagraph (A) does not apply to a member -
(i) who is retired, or is placed on the temporary disability
retired list, under chapter 61 of title 10;
(ii) who is separated from the service or released from active
duty for a medical condition affecting the member, as determined
by the Secretary concerned;
(iii) who is separated from the service or released from active
duty because the period of time for which the member initially
enlisted or otherwise initially agreed to serve has been reduced
by the Secretary concerned and is separated or released under
honorable conditions;
(iv) who is discharged under section 1173 of title 10; or
(v) who is involuntarily separated from active duty during the
period beginning on October 1, 1990, and ending on December 31,
2001.
(3) For purposes of entitlement to per diem in place of
subsistence under subsection (d)(2), a member shall not be
considered under subsection (a)(1) to be performing travel under
orders away from his designated post of duty if such member -
(A) is an enlisted member serving his first tour of active
duty;
(B) has not actually reported to a permanent duty station
pursuant to orders directing such assignment; and
(C) is not actually traveling between stations pursuant to
orders directing a change of station.
(g)(1) Subject to paragraph (2), a member of the armed forces
accompanying a Member of Congress or a congressional employee on
official travel may be authorized reimbursement for actual travel
and transportation expenses incurred for such travel.
(2) The reimbursement authorized in paragraph (1) may be paid -
(A) at a rate that does not exceed the rate approved for
official congressional travel; and
(B) only when the travel of the member is directed or approved
by the Secretary of Defense or the Secretary concerned.
(3) In this subsection:
(A) The term "Member of Congress" means a member of the Senate
or the House of Representatives, a Delegate to the House of
Representatives, and the Resident Commissioner from Puerto Rico.
(B) The term "congressional employee" means an employee of a
Member of Congress or an employee of Congress.
(h) Under uniform regulations prescribed by the Secretaries
concerned, a member of a uniformed service entitled to travel and
transportation allowances under subsection (a) is entitled to
reimbursement for parking fees, ferry fares, and bridge, road, and
tunnel tolls actually incurred incident to such travel.
(i)(1) In the case of a member of a reserve component performing
active duty for training or inactive-duty training who is not
otherwise entitled to travel and transportation allowances in
connection with such duty under subsection (a), the Secretary
concerned may reimburse the member for housing service charge
expenses incurred by the member in occupying transient government
housing during the performance of such duty. If transient
government housing is unavailable or inadequate, the Secretary
concerned may provide the member with lodging in kind in the same
manner as members entitled to such allowances under subsection (a).
(2) Any payment or other benefit under this subsection shall be
provided in accordance with regulations prescribed by the
Secretaries concerned.
(3) The Secretary may pay service charge expenses under paragraph
(1) and expenses of providing lodging in kind under such paragraph
out of funds appropriated for operation and maintenance for the
reserve component concerned. Use of Government charge cards is
authorized for payment of these expenses.
(4) Decisions regarding the availability or adequacy of
government housing at a military installation under paragraph (1)
shall be made by the installation commander.
(j) In this section, the term "involuntarily separated" has the
meaning given that term in section 1141 of title 10.
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