37 USC 474a - 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).

(3) Whenever the conditions described in clause (i) or (ii) of subparagraph (A) of section 403(b)(7) of this title exist for a military housing area or portion thereof, the Secretary concerned may increase the period for which subsistence expenses are to be paid or reimbursed under this section in the case of a change of permanent station described in subparagraph (A) or (C) of subsection (a)(2) in the same military housing area or portion thereof to a maximum of 60 days.

(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 474(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 $290 a day under this section.

(f) Termination.—No payment or reimbursement may be provided under this section with respect to a change of permanent station for which orders are issued after the travel authorities transition expiration date.

(Added Pub. L. 97–60, title I, §122(a)(1), Oct. 14, 1981, 95 Stat. 1002, §404a; amended Pub. L. 99–145, title VI, §613(a), Nov. 8, 1985, 99 Stat. 640; Pub. L. 102–25, title VII, §702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–484, div. A, title VI, §621, Oct. 23, 1992, 106 Stat. 2422; Pub. L. 103–160, div. A, title VI, §621(a), (b), Nov. 30, 1993, 107 Stat. 1682; Pub. L. 106–65, div. A, title VI, §632, Oct. 5, 1999, 113 Stat. 661; Pub. L. 106–398, §1 [[div. A], title VI, §641(a), (c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–159, 1654A–161; Pub. L. 107–107, div. A, title VI, §632(a), (b), Dec. 28, 2001, 115 Stat. 1144; Pub. L. 109–163, div. A, title VI, §609(b), Jan. 6, 2006, 119 Stat. 3290; Pub. L. 110–181, div. A, title VI, §603(a), Jan. 28, 2008, 122 Stat. 145; Pub. L. 110–417, [div. A], title VI, §603, Oct. 14, 2008, 122 Stat. 4483; renumbered §474a and amended Pub. L. 112–81, div. A, title VI, §631(d)(2), (e)(2), (f)(4)(A), Dec. 31, 2011, 125 Stat. 1460, 1461, 1465; Pub. L. 112–239, div. A, title X, §1076(a)(9), Jan. 2, 2013, 126 Stat. 1948.)

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Last modified: October 26, 2015