PocketLaw | USC 37 | Travel and transportation allowances: travel

Travel and transportation allowances: travel performed in connection with leave between consecutive overseas tours

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§481b. Travel and transportation allowances: travel performed in connection with leave between consecutive overseas tours

(a) Allowances Authorized.-Under uniform regulations prescribed by the Secretaries concerned, a member of a uniformed service stationed outside the continental United States who is ordered to a consecutive tour of duty at the same duty station or who is ordered to make a change of permanent station to another duty station outside the continental United States may be paid travel and transportation allowances in connection with authorized leave from his last duty station to a place approved by the Secretary concerned and from that place to his designated post of duty. Such allowances may be paid for the member and for the dependents of the member who are authorized to, and do, accompany him at his duty stations.

(b) Authority to Defer Travel; Limitations.-(1) Under the regulations referred to in subsection (a), a member may defer the travel for which the member is paid travel and transportation allowances under this section until any time before the completion of the consecutive tour at the same duty station or the completion of the tour of duty at the new duty station under the order involved, as the case may be.

(2) If a member is unable to undertake the travel before expiration of the deferral period under paragraph (1) because of duty in connection with a contingency operation, the member may defer the travel until not more than one year after the date on which the member's duty in connection with the contingency operation ends.

(c) Limitation on Allowance Rate.-The allowances prescribed under this section may not exceed the rate authorized under section 474(d) of this title. Authorized travel under this section is performed in a duty status.

(d) Termination.-No travel and transportation allowance may be provided under this section for travel that is authorized after the travel authorities transition expiration date.

(Added Pub. L. 93–213, §1(1), Dec. 28, 1973, 87 Stat. 910 , §411b; amended Pub. L. 97–60, title I, §125, Oct. 14, 1981, 95 Stat. 1003 ; Pub. L. 99–145, title VI, §615(a), Nov. 8, 1985, 99 Stat. 641 ; Pub. L. 100–26, §8(d)(8), Apr. 21, 1987, 101 Stat. 286 ; Pub. L. 100–180, div. A, title VI, §614(d)(1), (2), Dec. 4, 1987, 101 Stat. 1095 ; Pub. L. 102–190, div. A, title VI, §624, Dec. 5, 1991, 105 Stat. 1379 ; Pub. L. 104–201, div. A, title VI, §623(a), Sept. 23, 1996, 110 Stat. 2548 ; Pub. L. 107–107, div. A, title VI, §637, Dec. 28, 2001, 115 Stat. 1146 ; Pub. L. 107–314, div. A, title VI, §§621(a), (b), 654(b)(4), Dec. 2, 2002, 116 Stat. 2570 , 2571, 2582; renumbered §481b and amended Pub. L. 112–81, div. A, title VI, §631(d)(2), (e)(16), (f)(4)(A), Dec. 31, 2011, 125 Stat. 1460 , 1463, 1465; Pub. L. 112–239, div. A, title X, §1076(a)(9), Jan. 2, 2013, 126 Stat. 1948 .)

Editorial Notes

Amendments

2013-Subsec. (c). Pub. L. 112–239, §1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, §631(f)(4)(A). See 2011 Amendment note below.

2011-Pub. L. 112–81, §631(d)(2), renumbered section 411b of this title as this section.

Subsec. (c). Pub. L. 112–81, §631(f)(4)(A), as amended by Pub. L. 112–239, §1076(a)(9), substituted "474" for "404".

Subsec. (d). Pub. L. 112–81, §631(e)(16), added subsec. (d).

2002-Subsec. (a). Pub. L. 107–314, §§621(b)(1), 654(b)(4), inserted heading, struck out par. (1) designation before "under uniform", substituted "the continental United States" for "the 48 contiguous States and the District of Columbia" in two places, and struck out par. (2) which read as follows: "Under the regulations referred to in paragraph (1), a member may defer the travel for which the member is paid travel and transportation allowances under such paragraph until not more than one year after the date on which the member begins the consecutive tour of duty at the same duty station or reports to another duty station under the order involved, as the case may be. If the member is unable to undertake the travel before the end of such one-year period as a result of duty in connection with a contingency operation, the member may defer the travel for one additional year beginning on the date the duty of the member in connection with the contingency operation ends."

Subsecs. (b), (c). Pub. L. 107–314, §621(a), (b)(2), added subsec. (b), redesignated former subsec. (b) as (c), and inserted heading.

2001-Subsec. (a)(1). Pub. L. 107–107 struck out ", or his designee, or to a place no farther distant than his home of record" after "place approved by the Secretary concerned".

1996-Subsec. (a)(2). Pub. L. 104–201 inserted at end "If the member is unable to undertake the travel before the end of such one-year period as a result of duty in connection with a contingency operation, the member may defer the travel for one additional year beginning on the date the duty of the member in connection with the contingency operation ends."

1991-Subsec. (a)(2). Pub. L. 102–190 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "If, because of military necessity, a member authorized travel and transportation allowances under this subsection is denied leave between the two tours of duty outside the 48 contiguous States and the District of Columbia, the member shall be authorized to use such travel and transportation allowances from his current duty station at the time the member is first granted leave-

"(A) which is to be taken away from the member's permanent duty station; and

"(B) for which a travel and transportation allowance is not otherwise authorized."

1987-Pub. L. 100–180, §614(d)(2), amended section catchline generally, substituting "leave between consecutive overseas tours" for "certain leave".

Subsec. (a). Pub. L. 100–26 substituted "48" for "forty-eight" wherever appearing.

Subsec. (a)(2). Pub. L. 100–180, §614(d)(1), substituted "the time the member is first granted leave-" for "the first time the member is granted leave." and added subpars. (A) and (B).

1985-Subsec. (a)(1). Pub. L. 99–145 struck out "if he is a member without dependents," after "home of record", struck out ", if either his last duty station or his designated post of duty is a restricted area in which dependents are not authorized" after "post of duty" in first sentence, and inserted "such allowances may be paid for the member and for the dependents of the member who are authorized to, and do, accompany him at his duty stations."

1981-Subsec. (a). Pub. L. 97–60 designated existing provisions as par. (1), inserted "who is ordered to a consecutive tour of duty at the same duty station or" after "District of Columbia", and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Pub. L. 112–239, div. A, title X, §1076(a), Jan. 2, 2013, 126 Stat. 1947 , provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.

Effective Date of 2002 Amendment

Pub. L. 107–314, div. A, title VI, §621(c), Dec. 2, 2002, 116 Stat. 2571 , 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: "Subsection (b) of section 481b of title 37, United States Code, as added by subsection (a), shall apply with respect to members of the uniformed services in a deferred leave travel status under such section as of the date of the enactment of this Act [Dec. 2, 2002] or becomes entitled [sic] to travel and transportation allowances under such section on or after that date."

Effective Date of 1996 Amendment

Pub. L. 104–201, div. A, title VI, §623(b), Sept. 23, 1996, 110 Stat. 2548 , provided that: "The amendment made by subsection (a) [amending this section] shall take effect as of November 1, 1995."

Effective Date of 1985 Amendment

Pub. L. 99–145, title VI, §615(b), Nov. 8, 1985, 99 Stat. 641 , provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to orders to change a permanent station that are effective after September 30, 1985."

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