§ 406b. — Travel and transportation allowances: members of the uniformed services attached to a ship overhauling or inactivating.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC406b]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7--ALLOWANCES
Sec. 406b. Travel and transportation allowances: members of the
uniformed services attached to a ship overhauling or
inactivating
(a) Under regulations prescribed by the Secretary concerned, a
member of the uniformed services who is on permanent duty aboard a ship
which is being overhauled or inactivated away from its home port and
whose dependents are residing at the home port of the ship is entitled
to transportation, transportation in kind, reimbursement for personally
procured transportation, or an allowance for transportation as provided
in section 404(d)(3) of this title for round-trip travel from the port
of overhaul or inactivation to the home port on or after after the
thirty-first calendar day, and every sixtieth calendar day after the
thirty-first calendar day after the date on which the ship enters the
overhaul or inactivation port or after the date on which the member
becomes permanently attached to the ship, whichever date is later.
However, in no event shall the amount of reimbursement for personally
procured transportation or allowance for transportation exceed the cost
of Government-procured commercial round-trip air travel.
(b) Transportation in kind, reimbursement for personally procured
transportation, or a monetary allowance in place of the cost of
transportation as provided in section 404(d)(1) of this title may be
provided, in lieu of the member's entitlement to transportation, for the
member's dependents from the location that was the home port of the ship
before commencement of overhaul or inactivation to the port of overhaul
or inactivation. The total reimbursement for transportation for the
member's dependents may not exceed the cost of Government-procured
commercial round-trip travel.
(c) In any case in which a member of the uniformed services is
assigned to permanent duty aboard a ship that undergoes a change of home
port to the overhaul or inactivation port, the dependents of the member
may be provided transportation allowances prescribed in subsections (a)
and (b) in lieu of the transportation authorized by section 406 of this
title and section 2634 of title 10.
(d) Section 421 of this title does not apply with respect to
transportation or allowances provided under this section.
(Added Pub. L. 91-210, Sec. 1(1), Mar. 13, 1970, 84 Stat. 53; amended
Pub. L. 93-170, Nov. 29, 1973, 87 Stat. 689; Pub. L. 96-513, title V,
Sec. 516(11), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 97-22,
Sec. 11(b)(3)(A), July 10, 1981, 95 Stat. 138; Pub. L. 99-145, title VI,
Sec. 616(a), (c)(1), Nov. 8, 1985, 99 Stat. 641; Pub. L. 100-26,
Sec. 8(d)(7), Apr. 21, 1987, 101 Stat. 285; Pub. L. 100-180, div. A,
title XII, Sec. 1233(a)(3), Dec. 4, 1987, 101 Stat. 1161; Pub. L. 101-
189, div. A, title VI, Sec. 624(b), Nov. 29, 1989, 103 Stat. 1448; Pub.
L. 102-484, div. A, title X, Sec. 1054(a)(5), Oct. 23, 1992, 106 Stat.
2502.)
Amendments
1992--Subsec. (d). Pub. L. 102-484 substituted ``Section 421'' for
``Section 420''.
1989--Subsec. (c). Pub. L. 101-189 amended subsec. (c) generally.
Prior to amendment, subsec. (c) read as follows: ``A member of the
uniformed services on permanent duty aboard a ship which undergoes a
change of home port to the overhaul or inactivation port and the
member's dependents may be provided the transportation allowances
prescribed in subsections (a) and (b) of this section in lieu of the
transportation authorized by section 406 of this title and section 2634
of title 10.''
1987--Subsecs. (a), (b). Pub. L. 100-26, as amended by Pub. L. 100-
180, substituted ``round-trip'' for ``round trip'' wherever appearing in
subsec. (a) and ``round-trip'' for ``roundtrip'' in subsec. (b).
1985--Pub. L. 99-145, Sec. 616(c)(1), struck out ``away from home
port'' in section catchline.
Subsecs. (a) to (d). Pub. L. 99-145, Sec. 616(a), designated
existing provisions as subsec. (a), substituted ``calendar day, and
every sixtieth calendar day after the thirty-first calendar day'' for
``, ninety-first, and one hundred and fifty-first calendar day'', and
added subsecs. (b) to (d).
1981--Pub. L. 97-22 substituted ``uniformed services'' for
``Uniformed Services'' in section catchline.
1980--Pub. L. 96-513 substituted ``uniformed services'' for
``Uniformed Services'', ``title'' for ``chapter'', and ``later.
However,'' for ``later: Provided, however, That''.
1973--Pub. L. 93-170 substituted ``overhauling or inactivating'' for
``overhauling'' in section catchline, and ``overhauled or inactivated''
and ``overhaul or inactivation'' for ``overhauled'' and ``overhaul''
respectively, wherever appearing in text.
Effective Date of 1987 Amendment
Amendment by section 1233(a)(3) of Pub. L. 100-180 applicable as if
included in the enactment of the Defense Technical Corrections Act of
1987, Pub. L. 100-26, see section 1233(c) of Pub. L. 100-180, set out as
a note under section 101 of Title 10, Armed Forces.
Effective Date of 1985 Amendment
Section 616(b) of Pub. L. 99-145 provided that: ``The travel
allowances authorized by the amendments made by this section [amending
this section] are payable only for travel that commences after September
30, 1985, but may be paid for members assigned to vessels being
overhauled or inactivated away from home port on the date of the
enactment of this Act [Nov. 8, 1985].''
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of
Title 10, Armed Forces.
Section Referred to in Other Sections
This section is referred to in section 420 of this title.
