Laws: Cases and Codes : U.S. Code : Title 37 : Section 404a


   
U.S. Code as of: 01/19/04
Section 404a. Travel and transportation allowances: temporary lodging expenses

      (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).

      (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 404(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 $180 a day under this section.



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