§ 404a. — Travel and transportation allowances: temporary lodging expenses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC404a]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7--ALLOWANCES
Sec. 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.
(Added Pub. L. 97-60, title I, Sec. 122(a)(1), Oct. 14, 1981, 95 Stat.
1002; amended Pub. L. 99-145, title VI, Sec. 613(a), Nov. 8, 1985, 99
Stat. 640; Pub. L. 102-25, title VII, Sec. 702(b)(1), (2), (c), Apr. 6,
1991, 105 Stat. 117; Pub. L. 102-484, div. A, title VI, Sec. 621, Oct.
23, 1992, 106 Stat. 2422; Pub. L. 103-160, div. A, title VI,
Sec. 621(a), (b), Nov. 30, 1993, 107 Stat. 1682; Pub. L. 106-65, div. A,
title VI, Sec. 632, Oct. 5, 1999, 113 Stat. 661; Pub. L. 106-398, Sec. 1
[[div. A], title VI, Sec. 641(a), (c)], Oct. 30, 2000, 114 Stat. 1654,
1654A-159, 1654A-161; Pub. L. 107-107, div. A, title VI, Sec. 632(a),
(b), Dec. 28, 2001, 115 Stat. 1144.)
Amendments
2001--Subsec. (a)(2)(C). Pub. L. 107-107, Sec. 632(a), substituted
``a member who'' for ``an enlisted member who''.
Subsec. (e). Pub. L. 107-107, Sec. 632(b), substituted ``$180'' for
``$110''.
2000--Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 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, Sec. 1 [[div. A], title VI,
Sec. 641(a)(2)], added subsec. (b). Former subsec. (b) redesignated (d).
Subsec. (c). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 641(a)(2)], added subsec. (c). Former subsec. (c) redesignated (e).
Subsec. (d). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 641(a)(1), (c)(1)], redesignated subsec. (b) as (d) and inserted
heading.
Subsec. (e). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 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, Sec. 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, Sec. 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, Sec. 702(b)(2), struck out ``of
this subsection'' after ``clause (1)'' and ``clause (2)''.
Subsec. (b). Pub. L. 102-25, Sec. 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 2001 Amendment
Pub. L. 107-107, div. A, title VI, Sec. 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
Section 621(c) of Pub. L. 103-160 provided that: ``The amendments
made by this section [amending this section] shall take effect on April
1, 1994.''
Effective Date of 1985 Amendment
Section 613(b) of Pub. L. 99-145 provided that: ``The amendments
made by subsection (a) [amending this section] shall take effect on
October 1, 1985.''
Effective Date
Section 122(c) of Pub. L. 97-60 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, Sec. 101(c) [title IX, Sec. 9097], Oct. 18, 1986,
100 Stat. 1783-82, 1783-117, and Pub. L. 99-591, Sec. 101(c) [title IX,
Sec. 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, Sec. 101(c), and Pub. L. 99-
591, Sec. 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.
Section Referred to in Other Sections
This section is referred to in sections 411, 420 of this title.
