§ 411b. — Travel and transportation allowances: travel performed in connection with leave between consecutive overseas tours.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC411b]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7--ALLOWANCES
Sec. 411b. 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 404(d) of
this title. Authorized travel under this section is performed in a duty
status.
(Added Pub. L. 93-213, Sec. 1(1), Dec. 28, 1973, 87 Stat. 910; amended
Pub. L. 97-60, title I, Sec. 125, Oct. 14, 1981, 95 Stat. 1003; Pub. L.
99-145, title VI, Sec. 615(a), Nov. 8, 1985, 99 Stat. 641; Pub. L. 100-
26, Sec. 8(d)(8), Apr. 21, 1987, 101 Stat. 286; Pub. L. 100-180, div. A,
title VI, Sec. 614(d)(1), (2), Dec. 4, 1987, 101 Stat. 1095; Pub. L.
102-190, div. A, title VI, Sec. 624, Dec. 5, 1991, 105 Stat. 1379; Pub.
L. 104-201, div. A, title VI, Sec. 623(a), Sept. 23, 1996, 110 Stat.
2548; Pub. L. 107-107, div. A, title VI, Sec. 637, Dec. 28, 2001, 115
Stat. 1146; Pub. L. 107-314, div. A, title VI, Secs. 621(a), (b),
654(b)(4), Dec. 2, 2002, 116 Stat. 2570, 2571, 2582.)
Amendments
2002--Subsec. (a). Pub. L. 107-314, Secs. 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, Sec. 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, Sec. 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, Sec. 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).
Effective Date of 2002 Amendment
Pub. L. 107-314, div. A, title VI, Sec. 621(c), Dec. 2, 2002, 116
Stat. 2571, provided that: ``Subsection (b) of section 411b 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
Section 623(b) of Pub. L. 104-201 provided that: ``The amendment
made by subsection (a) [amending this section] shall take effect as of
November 1, 1995.''
Effective Date of 1985 Amendment
Section 615(b) of Pub. L. 99-145 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.''
