§ 404. — Travel and transportation allowances: general.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC404]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7--ALLOWANCES
Sec. 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.
(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 472; Pub. L. 89-680, Sec. 1(1),
Oct. 15, 1966, 80 Stat. 957; Pub. L. 89-718, Secs. 55, 56, Nov. 2, 1966,
80 Stat. 1122, 1123; Pub. L. 90-168, Sec. 3, Dec. 1, 1967, 81 Stat. 525;
Pub. L. 91-183, Dec. 30, 1969, 83 Stat. 840; Pub. L. 94-296, Sec. 1, May
29, 1976, 90 Stat. 584; Pub. L. 96-342, title VIII, Sec. 807(a), Sept.
8, 1980, 94 Stat. 1096; Pub. L. 96-343, Sec. 5(a), Sept. 8, 1980, 94
Stat. 1126; Pub. L. 97-60, title I, Sec. 121(a), Oct. 14, 1981, 95 Stat.
999; Pub. L. 98-94, title IX, Sec. 908(b), Sept. 24, 1983, 97 Stat. 637;
Pub. L. 98-525, title V, Sec. 533(g), title VI, Sec. 613(a), title XIV,
Sec. 1402(c), Oct. 19, 1984, 98 Stat. 2528, 2539, 2621; Pub. L. 99-145,
title VI, Sec. 612(a), Nov. 8, 1985, 99 Stat. 639; Pub. L. 99-500,
Sec. 101(c) [title IX, Sec. 9073], Oct. 18, 1986, 100 Stat. 1783-82,
1783-113, and Pub. L. 99-591, Sec. 101(c) [title IX, Sec. 9073], Oct.
30, 1986, 100 Stat. 3341-82, 3341-113; Pub. L. 99-661, div. A, title VI,
Sec. 614(a), title XIII, Sec. 1343(b)(2), Nov. 14, 1986, 100 Stat. 3879,
3995; Pub. L. 100-26, Sec. 8(a), (d)(6), Apr. 21, 1987, 101 Stat. 284,
285; Pub. L. 100-180, div. A, title VI, Sec. 617(a), Dec. 4, 1987, 101
Stat. 1096; Pub. L. 101-189, div. A, title VI, Sec. 621(a), Nov. 29,
1989, 103 Stat. 1446; Pub. L. 101-510, div. A, title V, Sec. 503(a),
Nov. 5, 1990, 104 Stat. 1558; Pub. L. 102-25, title VII, Sec. 702(b)(1)-
(3), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102-484, div. A, title
VI, Sec. 624, Oct. 23, 1992, 106 Stat. 2423; Pub. L. 103-160, div. A,
title V, Sec. 561(l)(1), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 103-337,
div. A, title VI, Secs. 621, 622, Oct. 5, 1994, 108 Stat. 2784; Pub. L.
104-106, div. A, title VI, Sec. 621, Feb. 10, 1996, 110 Stat. 363; Pub.
L. 104-201, div. A, title XII, Sec. 1252, Sept. 23, 1996, 110 Stat.
2698; Pub. L. 105-85, div. A, title VI, Sec. 602(b)(1), Nov. 18, 1997,
111 Stat. 1772; Pub. L. 105-261, div. A, title V, Sec. 561(f), Oct. 17,
1998, 112 Stat. 2025; Pub. L. 106-65, div. A, title VI, Sec. 631, Oct.
5, 1999, 113 Stat. 661; Pub. L. 106-398, Sec. 1 [[div. A], title V,
Sec. 571(f), title X, Sec. 1087(b)(3)], Oct. 30, 2000, 114 Stat. 1654,
1654A-134, 1654A-292; Pub. L. 107-107, div. A, title VI, Sec. 631, Dec.
28, 2001, 115 Stat. 1143.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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404(a)................................ 37:253(a) (1st and 3d sentences). Oct. 12, 1949, ch. 681, Sec.
37:253(a) (4th sentence). 303(a), (d), 63 Stat. 813, 815;
404(b)................................ 37:253(a) (2d sentence). Mar. 31, 1955, ch. 20, Sec.
404(c)................................ 37:253(a) (last sentence, less 2(11), 69 Stat. 21; Aug. 11, 1955,
404(d)................................ proviso). ch. 806, Sec. 1, 69 Stat. 691;
37:253(d). June 13, 1956, ch. 383, 70 Stat.
404(e)................................ 37:253(a) (proviso of last 275; July 12, 1960, Pub. L. 86-
404(f)................................ sentence). 638, Sec. 1, 74 Stat. 471.
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In subsection (a), the words ``that post'' are substituted for the
words ``such designated posts of duty''. In clauses (2) and (3), the
words ``called or'' are inserted to conform to the second phrase of
clause (2). The word ``competent'' is omitted as surplusage.
In subsection (b), the words ``The Secretaries concerned'' are
substituted for the words ``The respective Secretaries concerned'' to
conform to other subsections of the source statute.
In subsection (c)(1), the words ``under chapter 61 of title 10'' are
inserted for clarity. In clause (2), the words ``under any other law''
are substituted for the words ``for any other reason''.
In subsection (d), the words ``may not be more than one of the
following'' are substituted for the words ``shall be limited to one of
the following''. The words ``or to be established'' and ``existing'' are
omitted, since this section, being permanent law, is consistently
applicable in the present and does not speak only as of the date of its
enactment. The words ``of the Army'' are substituted for the words
``Department of the Army'' after the words ``Chief of Finance'' to
conform to section 3036(a)(5) of title 10. The words ``under clause (1)
of this subsection'' are substituted for the words ``pursuant to
existing law''.
In subsection (e), the words ``Fleet Logistic Air Wings'' are
substituted for the words ``Fleet Logistics Support Unit'' to reflect
present terminology.
In subsection (f), the words ``under this section'' are substituted
for the words ``under conditions authorized herein''. The words ``on the
member's'' are inserted for clarity.
Codification
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Amendment of section by Pub. L. 99-500 and Pub. L. 99-591 is based
on section 615(a) of S. 2638, Ninety-ninth Congress, as passed by the
Senate on Aug. 9, 1986, which was enacted into permanent law by Pub. L.
99-500 and Pub. L. 99-591. S. 2638 was subsequently enacted as Pub. L.
99-661.
Prior Provisions
Provisions similar to those in subsec. (g) of this section were
contained in the following appropriations acts:
Oct. 12, 1984, Pub. L. 98-473, title I, Sec. 101(h) [title VIII,
Sec. 8053], 98 Stat. 1904, 1933.
Dec. 8, 1983, Pub. L. 98-212, title VII, Sec. 761, 97 Stat. 1449.
Dec. 21, 1982, Pub. L. 97-377, title I, Sec. 101(c) [title VII,
Sec. 767], 96 Stat. 1833, 1861.
Dec. 29, 1981, Pub. L. 97-114, title VII, Sec. 771, 95 Stat. 1590.
Amendments
2001--Subsec. (d)(5). Pub. L. 107-107 added par. (5).
2000--Subsec. (b)(2). Pub. L. 106-398, Sec. 1 [[div. A], title X,
Sec. 1087(b)(3)], substituted ``section 403(f)(3)'' for ``section
402(e)''.
Subsecs. (c)(1)(C), (f)(2)(B)(v). Pub. L. 106-398, Sec. 1 [[div. A],
title V, Sec. 571(f)], substituted ``December 31, 2001'' for ``September
30, 2001''.
1999--Subsec. (i)(1). Pub. L. 106-65, Sec. 631(a), inserted at end
``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).''
Subsec. (i)(3). Pub. L. 106-65, Sec. 631(b), inserted ``and expenses
of providing lodging in kind under such paragraph'' after ``paragraph
(1)'' and ``Use of Government charge cards is authorized for payment of
these expenses.'' at end.
Subsec. (i)(4). Pub. L. 106-65, Sec. 631(c), added par. (4).
1998--Subsecs. (c)(1)(C), (f)(2)(B)(v). Pub. L. 105-261 substituted
``during the period beginning on October 1, 1990, and ending on
September 30, 2001'' for ``during the nine-year period beginning on
October 1, 1990''.
1997--Subsecs. (g) to (k). Pub. L. 105-85 redesignated subsecs. (h)
to (k) as (g) to (j), respectively, and struck out former subsec. (g)
which read as follows: ``In the case of an enlisted member who is in a
travel status and not entitled to receive per diem in lieu of
subsistence for any day (or portion of a day) because the member is
furnished meals in a Government mess, the member may not be paid a basic
allowance for subsistence for such day (or portion of such day) that the
member is furnished meals in a Government mess.''
1996--Subsec. (d)(1)(A). Pub. L. 104-106 struck out ``, based on
distances established over the shortest usually traveled route, under
mileage tables prepared under the direction of the Secretary of
Defense'' after ``section 5704 of title 5''.
Subsec. (j)(1). Pub. L. 104-201 substituted ``active duty for
training'' for ``annual training duty''.
1994--Subsec. (d)(1)(A). Pub. L. 103-337, Sec. 621, substituted
``Secretary of Defense'' for ``Secretary of the Army''.
Subsecs. (j), (k). Pub. L. 103-337, Sec. 622, added subsec. (j) and
redesignated former subsec. (j) as (k).
1993--Subsecs. (c)(1)(C), (f)(2)(B)(v). Pub. L. 103-160 substituted
``nine-year period'' for ``five-year period''.
1992--Subsec. (e). Pub. L. 102-484 substituted ``Air Mobility
Command'' for ``Military Airlift Command'' and ``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,'' for ``or the Naval Aircraft Ferrying
Squadrons,''.
1991--Pub. L. 102-25 struck out ``of this section'', ``of this
subsection'', and ``of this paragraph'' wherever appearing in subsecs.
(a) to (d) and (f).
1990--Subsec. (c)(1). Pub. L. 101-510, Sec. 503(a)(1), added subpar.
(C) and inserted ``involuntarily separated,'' after ``placed on that
list,'' in concluding provisions.
Subsec. (f)(2)(B)(v). Pub. L. 101-510, Sec. 503(a)(2), added cl.
(v).
Subsec. (j). Pub. L. 101-510, Sec. 503(a)(3), added subsec. (j).
1989--Subsec. (i). Pub. L. 101-189 added subsec. (i).
1987--Subsec. (d). Pub. L. 100-26, Sec. 8(a), terminated amendments
by Pub. L. 99-500 and Pub. L. 99-591. See Termination of Amendments by
Public Laws 99-500 and 99-591 note below.
Subsec. (d)(1)(A). Pub. L. 100-26, Sec. 8(d)(6), substituted
``privately owned'' for ``privately-owned''.
Subsec. (h). Pub. L. 100-180 added subsec. (h).
1986--Subsec. (d). Pub. L. 99-500 and Pub. L. 99-591 substituted
``Subject to paragraph (2), transportation'' for ``Transportation'' in
par. (1)(B) and ``subparagraph (A) of this paragraph'' for ``clause (1)
of this subsection'' in par. (1)(C) and added pars. (2), (4), and (5),
and redesignated former par. (2) as (3) and substituted ``Except as
provided in paragraph (4) of this subsection and under'' for ``Under''.
See Termination of Amendments by Public Laws 99-500 and 99-591 note
below.
Subsec. (d)(1)(B). Pub. L. 99-661, Sec. 614(a)(1), (2), substituted
``payment in lieu of subsistence as provided in paragraph (2) of this
subsection in an amount sufficient'' for ``per diem in place of
subsistence in an amount not more than $50 determined by the Secretaries
concerned to be sufficient'' and struck out ``to be'' after ``travel
is''.
Subsec. (d)(1)(C). Pub. L. 99-661, Sec. 1343(b)(2), substituted
``subparagraph (A) of this paragraph'' for ``clause (1) of this
subsection''.
Subsec. (d)(2) to (4). Pub. L. 99-661, Sec. 614(a)(3), added pars.
(2) to (4) and struck out former par. (2) which read as follows: ``Under
regulations prescribed by the Secretaries concerned, when either travel
is to an area designated as a high cost area in those regulations or the
per diem of paragraph (1)(B) of this subsection is less than the amount
of the actual and necessary expenses required by the unusual
circumstances of the travel assignment, reimbursement may be authorized
for actual and necessary expenses, but not for more than $75 for each
day in a travel status.''
1985--Subsec. (d). Pub. L. 99-145 substituted par. (1) for first
sentence, designated second sentence as par. (2), and in par. (2)
substituted ``paragraph (1)(B)'' for ``clause (2)''. Prior to amendment,
first sentence read as follows: ``The travel and transportation
allowances authorized for each kind of travel may not be more than one
of the following--
``(1) transportation in kind, reimbursement therefor, or a
monetary allowance in place of the cost of transportation at a rate
per mile prescribed by the Secretaries concerned and based on
distances established, over the shortest usually traveled route,
under mileage tables prepared under the direction of the Secretary
of the Army;
``(2) transportation in kind, reimbursement therefor, or a
monetary allowance as provided by clause (1) of this subsection plus
a per diem in place of subsistence in an amount sufficient to meet
actual and necessary expenses, but in no event more than $50 a day;
or
``(3) a mileage allowance at a rate per mile prescribed by the
Secretaries concerned and based on distances established under
clause (1) of this subsection.''
1984--Subsec. (a)(5). Pub. L. 98-525, Sec. 613(a), added par. (5).
Subsec. (c)(1)(B). Pub. L. 98-525, Sec. 533(g), inserted
``separation pay or'' before ``severance pay'' and before ``readjustment
pay''.
Subsec. (g). Pub. L. 98-525, Sec. 1402(c), added subsec. (g).
1983--Subsec. (f)(3). Pub. L. 98-94 added par. (3).
1981--Subsec. (a). Pub. L. 97-60, Sec. 121(a)(1), substituted
``Except as provided in subsection (f) of this section and under
regulations'' for ``Under regulations''.
Subsec. (b). Pub. L. 97-60, Sec. 121(a)(2), designated existing
provisions as par. (1), redesignated existing pars. (1) and (2) as
subpars. (A) and (B) of the newly designated par. (1), and added par.
(2).
Subsec. (c). Pub. L. 97-60, Sec. 121(a)(3), designated existing
provisions as par. (1) and existing pars. (1) and (2) as subpars. (A)
and (B) of the newly designated par. (1), inserted ``and as provided in
paragraph (2) of this subsection'' after ``Secretaries concerned'' in
provisions preceding newly designated subpar. (A), and added par. (2).
Subsec. (f). Pub. L. 97-60, Sec. 121(a)(4), designated existing
provisions as par. (1), substituted ``for a member who is separated from
the service or released from active duty may be paid or provided only
for travel actually performed'' for ``may be paid on the member's
separation from the service or release from active duty, whether or not
he performs the travel involved'' in par. (1) as so designated, and
added par. (2).
1980--Subsec. (d). Pub. L. 96-343, Sec. 5(a), substituted in par.
(1) ``per mile prescribed by the Secretaries concerned and'' for ``that
is not more than 7 cents a mile'', and in par. (3) ``at a rate per mile
prescribed by the Secretaries concerned and'' for ``of not more than 10
cents a mile''.
Pub. L. 96-342 substituted in par. (2) ``$50'' for ``$35'' and in
provision following par. (3) ``$75'' for ``$50''.
1976--Subsec. (d). Pub. L. 94-296 in cl. (2) substituted ``in an
amount sufficient to meet actual and necessary expenses, but in no event
more than $35 a day'' for ``of not more than $25 a day'', and in text
following cl. (3) inserted provisions relating to travel designated as
travel to a high cost area by the prescribed regulations and increased
the maximum reimbursement from $40 to $50.
1969--Pub. L. 91-183 increased from $16 to $25, the maximum per diem
allowance, and from $30 to $40, the maximum per diem allowance in
unusual circumstances.
1967--Subsec. (a)(4). Pub. L. 90-168 added cl. (4).
1966--Subsec. (c). Pub. L. 89-680 inserted into the authorization
for selection of a home for the purposes of the travel and
transportation allowances authorized by subsection (a) of this section
provisions requiring selection not later than one year from the date of
retirement, placement, discharge, or release, except as provided in
regulations to be prescribed by the Secretaries concerned.
Subsec. (d). Pub. L. 89-718, Sec. 55, struck out reference to the
Chief of Finance of the Army in cl. (1), substituted ``subsection'' for
``section'' and ``$16'' for ``$12'' in cl. (2), substituted
``subsection'' for ``section'' in cl. (3), and inserted provision
authorizing reimbursement on an actual expenses basis where, due to
unusual circumstances of a travel assignment, per diem reimbursement is
not enough, but placing a limit of $30 for each day in a travel status.
Subsec. (e). Pub. L. 89-718, Sec. 56, substituted ``Military Airlift
Command'' for ``Military Air Transport Service''.
Effective Date of 1997 Amendment
Amendment by Pub. L. 105-85 effective Jan. 1, 1998, see section
602(g) of Pub. L. 105-85, set out as a note under section 402 of this
title.
Effective Date of 1989 Amendment
Section 621(b) of Pub. L. 101-189 provided that: ``The amendment
made by subsection (a) [amending this section] shall apply with respect
to travel and transportation commenced after the date of the enactment
of this Act [Nov. 29, 1989].''
Effective Date of 1987 Amendment
Amendment by Pub. L. 100-180 applicable with respect to travel
performed after Dec. 4, 1987, see section 617(c) of Pub. L. 100-180, set
out as an Effective Date note under section 1591 of Title 10, Armed
Forces.
Effective Date of 1986 Amendments
Section 612(b)(1) of Pub. L. 100-180 provided that: ``The amendments
made by section 614(a) of the National Defense Authorization Act for
Fiscal Year 1987 [section 614(a) of Pub. L. 99-661, which amended this
section] shall be implemented by the Secretaries concerned (as defined
in section 101(5) of title 37, United States Code) not later than 90
days after the date of the enactment of this Act [Dec. 4, 1987] and
shall apply with respect to travel performed on or after the date of
implementation.''
Section 614(b) of Pub. L. 99-661, which provided that amendments
made by section 614(a) of Pub. L. 99-661 shall become effective on such
date as the President makes a certification regarding savings to the
United States by such amendments, was repealed by Pub. L. 100-180, div.
A, title VI, Sec. 612(a), Dec. 4, 1987, 101 Stat. 1093.
Effective Date of 1985 Amendment
Section 612(c) of Pub. L. 99-145 provided that: ``The amendments
made by this section [amending this section and section 406 of this
title] shall apply to travel performed after September 30, 1985.''
Effective Date of 1984 Amendment
Section 613(b) of Pub. L. 98-525 provided that: ``The amendments
made by subsection (a) [amending this section] shall apply with respect
to travel performed after September 30, 1984.''
Amendment by section 1402(c) of Pub. L. 98-525 effective Oct. 1,
1985, see section 1404 of Pub. L. 98-525, set out as a note under
section 520b of Title 10, Armed Forces.
Effective Date of 1981 Amendment
Section 121(d) of Pub. L. 97-60 provided that:
``(1) Except as provided in paragraphs (2), (3), (4), and (5), the
amendments made by this section [amending this section and sections 405a
and 406 of this title] shall take effect on November 1, 1981, and shall
apply to members who are separated from the service or released from
active duty on or after November 1, 1981.
``(2) Paragraph (2) of section 404(b) of title 37, United States
Code, as added by subsection (a)(2)(C), shall apply to travel performed
after October 31, 1981.
``(3) Paragraph (3) of section 406(a) of title 37, United States
Code, as added by subsection (b)(1)(C), shall take effect on the date of
the enactment of this Act [Oct. 14, 1981].
``(4) The amendments made by subsections (a)(3) and (b)(3) [amending
this section and section 406 of this title] shall take effect on
November 1, 1981, and shall apply to members who are retired, placed on
the temporary disability retired list, discharged, or involuntarily
released on or after November 1, 1981, except that such amendments shall
not apply to any member who before November 1, 1981, had completed
eighteen years of active service.
``(5) The amendment made by subsection (b)(2)(C) [amending section
406 of this title] shall take effect on the date of the enactment of
this Act [Oct. 14, 1981].''
Effective Date of 1980 Amendments
Section 5(c) of Pub. L. 96-343 provided that: ``The amendments made
by this section [amending this section and section 411 of this title]
shall be effective with respect to travel and transportation performed
after August 31, 1980.''
Section 807(b) of Pub. L. 96-342 provided that: ``The amendments
made by subsection (a) [amending this section] shall only apply to
travel and transportation expenses incurred after September 30, 1980.''
Effective Date of 1976 Amendment
Section 2 of Pub. L. 94-296 provided that: ``The amendments made by
this Act [amending this section] become effective on the first day of
the first calendar month following the date of enactment [May 29,
1976].''
Effective Date of 1967 Amendment
Amendment by Pub. L. 90-168 effective on first day of first calendar
month following Dec. 1, 1967, see section 7 of Pub. L. 90-168, set out
as a note under section 138 of Title 10, Armed Forces.
Termination of Amendments by Public Laws 99-500 and 99-591
Section 8(a) of Pub. L. 100-26, as amended by Pub. L. 100-180, div.
A, title VI, Sec. 612(b)(2), Dec. 4, 1987, 101 Stat. 1093, provided
that: ``The amendments made to section 404(d) of title 37, United States
Code, by section 614(a) of the Defense Authorization Act [section 614(a)
of Pub. L. 99-661] shall be executed as if that portion of section 9073
of the Defense Appropriations Act [section 101(c) [title IX, Sec. 9073]
of Pub. L. 99-500 and Pub. L. 99-591, enacting S.2638, Sec. 615, which
amended subsec. (d) of this section and enacted a provision set out as a
note under this section] which is before the proviso had not been
enacted. Such portion of section 9073 which is before the proviso shall
not be in effect after the date of the enactment of this Act [Apr. 21,
1987], and the reference to `this section' in such proviso shall be
deemed to refer to section 614 of the Defense Authorization Act.''
Transmission of Certification of Travel and Transportation Allowances to
Congress With Respect to Fiscal Year 1987
Section 615(b) of S. 2638, as passed by the Senate on Aug. 9, 1986,
and as enacted into law by section 101(c) [title IX, Sec. 9073] of Pub.
L. 99-500 and Pub. L. 99-591, related to transmission to Congress by
Secretary of Defense of certification of costs of travel and
transportation allowances for fiscal year 1987. See Termination of
Amendments by Public Laws 99-500 and 99-591 note above.
Increase in Rate Per Mile for Mileage Allowance
Pub. L. 98-473, title I, Sec. 101(h) [title VIII, Sec. 8113], Oct.
12, 1984, 98 Stat. 1904, 1944, provided that: ``The Secretaries
concerned (as defined in section 101(5) of title 37, United States
Code), under uniform regulations prescribed by them and to the extent
that funds are available within the permanent change of station travel
account, may increase the rate per mile for mileage allowance under
section 404(d)(2) of title 37, United States Code, to 15 cents per
mile.''
1962 Increase in Per Diem Rates; Reimbursement for Actual Expenses
Incident to Travel
The increase from $12 to $16 in the per diem allowance and the
provision for reimbursement for actual expenses incident to travel up to
$30 per day provided in the amendment of subsec. (d) of this section by
Pub. L. 89-718 had already been put into effect by Pub. L. 87-500,
Secs. 1, 2, June 27, 1962, 76 Stat. 111, which although not amending
subsec. (d) of this section, had raised the per diem allowance and
provided for the reimbursement for actual expenses up to $30 per day
through the device of effecting an amendment to section 303(a) of the
Career Compensation Act of 1949, act Oct. 12, 1949, ch. 681, title III,
63 Stat. 813. Pub. L. 89-500 was repealed by section 75(3) of Pub. L.
89-718, except with respect to rights and duties that matured, penalties
that were incurred, and proceedings that were begun before November 2,
1966.
Section Referred to in Other Sections
This section is referred to in sections 404a, 406, 406a, 406b, 406c,
408, 410, 411, 411a, 411b, 411e, 420, 433, 1002, 1003 of this title;
title 5 section 4109; title 10 sections 1174a, 1175, 2013, 2784a.
