37 U.S. Code § 478a - Travel and transportation allowances: inactive duty training outside of normal commuting distances

§ 478a.

Travel and transportation allowances: inactive duty training outside of normal commuting distances

(a)Allowance Authorized.—

The Secretary concerned may reimburse an eligible member of the Selected Reserve of the Ready Reserve for travel expenses for travel to an inactive duty training location to perform inactive duty training when the member is required to commute a distance from the member’s permanent residence to the inactive duty training location that is outside the normal commuting distance (as determined under the regulations prescribed under subsection (d)) for that commute.

(b)Eligible Members.—To be eligible for reimbursement under subsection (a), a member of the Selected Reserve of the Ready Reserve must be—

(1)

qualified in a skill designated as critically short by the Secretary concerned;

(2)

assigned to a unit of the Selected Reserve with a critical manpower shortage or in a pay grade in the member’s reserve component with a critical manpower shortage; or

(3)

assigned to a unit or position that is disestablished or relocated as a result of defense base closure or realignment or another force structure reallocation.

(c)Maximum Reimbursement Amount.—

(1)

Except as provided by paragraph (2), the amount of reimbursement provided a member under subsection (a) for each round trip to a training location may not exceed $300.

(2) The Secretary concerned may authorize, on a case-by-case basis, a higher reimbursement amount for a member under subsection (a) when the member—

(A) resides—

(i)

in the same State as the training location; and

(ii)

outside of an urbanized area with a population of 50,000 or more, as determined by the Bureau of the Census; and

(B) is required to commute to a training location—

(i)

using an aircraft or boat on account of limited or nonexistent vehicular routes to the training location or other geographical challenges; or

(ii)

from a permanent residence located more than 75 miles from the training location.

(d)Regulations.—

The Secretary concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department shall be subject to the approval of the Secretary of Defense.

(e)Termination.—

No reimbursement may be provided under this section for travel that occurs after December 31, 2017.

(Added Pub. L. 110–181, div. A, title VI, § 631(a)(1), Jan. 28, 2008, 122 Stat. 153, § 408a; amended Pub. L. 111–383, div. A, title VI, § 621, Jan. 7, 2011, 124 Stat. 4238; renumbered § 478a and amended Pub. L. 112–81, div. A, title VI, §§ 621, 631(d)(2), Dec. 31, 2011, 125 Stat. 1452, 1460; Pub. L. 112–239, div. A, title VI, § 611(7), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, § 611(7), title X, § 1091(b)(3), Dec. 26, 2013, 127 Stat. 780, 876; Pub. L. 113–291, div. A, title VI, § 611(7), Dec. 19, 2014, 128 Stat. 3399; Pub. L. 114–92, div. A, title VI, § 611(7), Nov. 25, 2015, 129 Stat. 837; Pub. L. 114–328, div. A, title VI, §§ 611(7), 621, Dec. 23, 2016, 130 Stat. 2157, 2161.)

Amendments

2016—Subsec. (c). Pub. L. 114–328, § 621, substituted “(1) Except as provided by paragraph (2), the amount” for “The amount” and added par. (2).

Subsec. (e). Pub. L. 114–328, § 611(7), substituted “December 31, 2017” for “December 31, 2016”.

2015—Subsec. (e). Pub. L. 114–92 substituted “December 31, 2016” for “December 31, 2015”.

2014—Subsec. (e). Pub. L. 113–291 substituted “December 31, 2015” for “December 31, 2014”.

2013—Subsec. (e). Pub. L. 113–66, § 611(7), substituted “December 31, 2014” for “December 31, 2013”.

Pub. L. 112–239, § 611(7), as amended by Pub. L. 113–66, § 1091(b)(3), substituted “December 31, 2013” for “December 31, 2012”.

2011—Pub. L. 112–81, § 631(d)(2), renumbered section 408a of this title as this section.

Subsec. (e). Pub. L. 112–81, § 621, substituted “December 31, 2012” for “December 31, 2011”.

Pub. L. 111–383 substituted “December 31, 2011” for “December 31, 2010”.

Effective Date of 2013 Amendment

Pub. L. 113–66, div. A, title X, § 1091(b), Dec. 26, 2013, 127 Stat. 876, provided in part that the amendment made by section 1091(b)(3) is effective as of Jan. 2, 2013, and as if included in Pub. L. 112–239 as enacted.

Effective Date

Pub. L. 110–181, div. A, title VI, § 631(b), Jan. 28, 2008, 122 Stat. 154, as amended by Pub. L. 112–81, div. A, title VI, § 631(f)(4)(B), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948, provided that:

“No reimbursement may be provided under section 478a of title 37, United States Code, as added by subsection (a), for travel costs incurred before the date of the enactment of this Act [Jan. 28, 2008].”

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