§ 411d. — Travel and transportation allowances: transportation incident to personal emergencies for certain members and dependents.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC411d]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7--ALLOWANCES
Sec. 411d. Travel and transportation allowances: transportation
incident to personal emergencies for certain members and
dependents
(a) Under uniform regulations prescribed by the Secretaries
concerned, transportation in accordance with subsection (b) may be
provided for a member of a uniformed service and for dependents of that
member authorized to reside at the member's duty station (or authorized
to reside at another location and receive a station allowance) incident
to emergency leave granted for reasons of a personal emergency (or in
the case of transportation provided only for a dependent, under
circumstances involving a personal emergency similar to the
circumstances for which emergency leave could be granted a member).
(b)(1) In the case of a member stationed outside the continental
United States and the dependents of such a member, transportation under
this section may be provided from the location of the member or
dependents, at the time notification of the personal emergency is
received, or the member's permanent duty station (and if the member's
dependents reside at another overseas location and receive a station
allowance, from that location)--
(A) to the international airport in the continental United
States closest to the location from which the member and his
dependents departed;
(B) to any airport in the continental United States to which
travel can be arranged at the same or a lower cost as travel
obtained under subparagraph (A); or
(C) to an airport in Alaska, Hawaii, the Commonwealth of Puerto
Rico, any possession of the United States, or any other location
outside the continental United States, as determined by the
Secretary concerned.
(2) In the case of a member whose domicile is outside the
continental United States and who is stationed in the continental United
States and the dependents of such a member, transportation under this
section may be provided from the international airport in the
continental United States nearest the location of the member and
dependents at the time notification of the personal emergency is
received or the international airport nearest the member's permanent
duty station to an international airport in Alaska, Hawaii, the
Commonwealth of Puerto Rico, a possession of the United States, or any
other location outside the continental United States, as determined by
the Secretary concerned.
(3) In the case of a member stationed outside the continental United
States whose dependents reside in the continental United States,
transportation under this section may be provided for the member as
described in paragraph (1) and for the dependents as described in
paragraph (2).
(4) Whenever transportation is provided under this section, return
transportation may be provided to the location from which the member or
dependent departed or the member's duty station.
(c) Transportation under this section may be authorized only upon a
determination that, considering the nature of the personal emergency
involved, Government transportation is not reasonably available. The
cost of transportation authorized under this section for a member, or
the dependents of a member, may not exceed the cost of Government-
procured commercial air travel between the applicable locations
described in subsection (b).
(Added Pub. L. 97-60, title I, Sec. 126(a), Oct. 14, 1981, 95 Stat.
1004; amended Pub. L. 98-525, title VI, Sec. 612(a)(1), Oct. 19, 1984,
98 Stat. 2538; Pub. L. 100-26, Sec. 8(e)(6), Apr. 21, 1987, 101 Stat.
286; Pub. L. 102-25, title VII, Sec. 702(b)(1), (2), (c), Apr. 6, 1991,
105 Stat. 117; Pub. L. 103-337, div. A, title VI, Sec. 623, Oct. 5,
1994, 108 Stat. 2784; Pub. L. 106-65, div. A, title VI, Sec. 633, Oct.
5, 1999, 113 Stat. 661; Pub. L. 107-314, div. A, title VI,
Sec. 654(b)(5), Dec. 2, 2002, 116 Stat. 2582.)
Amendments
2002--Subsec. (d). Pub. L. 107-314 struck out subsec. (d) which read
as follows: ``In this section, the term `continental United States'
means the 48 contiguous States and the District of Columbia.''
1999--Subsec. (b)(1). Pub. L. 106-65 struck out ``or'' at end of
subpar. (A), added subpar. (B), and redesignated former subpar. (B) as
(C).
1994--Subsec. (b)(1). Pub. L. 103-337, Sec. 623(1)(A), substituted
``from the location of the member or dependents, at the time
notification of the personal emergency is received, or'' for ``from the
international airport nearest the location of the member and dependents
at the time notification of the personal emergency is received or the
international airport nearest'' in introductory provisions.
Subsec. (b)(1)(A). Pub. L. 103-337, Sec. 623(1)(B), substituted
``closest to the location'' for ``closest to the international
airport''.
Subsec. (b)(4). Pub. L. 103-337, Sec. 623(2), substituted ``to the
location from which the member or dependent departed or the member's
duty station.'' for ``to the international airport from which the member
or dependent departed or the international airport nearest the member's
duty station.''
1991--Subsecs. (a), (b)(3), (c). Pub. L. 102-25 struck out ``of this
section'' in subsecs. (a) and (c) and ``of this subsection'' in two
places in subsec. (b)(3).
1987--Subsec. (d). Pub. L. 100-26 inserted ``the term'' after ``In
this section,''.
1984--Pub. L. 98-525 substituted ``personal emergencies for certain
members and dependents'' for ``certain emergencies for members
performing temporary duty'' in section catchline.
Subsec. (a). Pub. L. 98-525 substituted ``transportation in
accordance with subsection (b) of this section may be provided for a
member of a uniformed service and for dependents of that member
authorized to reside at the member's duty station (or authorized to
reside at another location and receive a station allowance) incident to
emergency leave granted for reasons of a personal emergency (or in the
case of transportation provided only for a dependent, under
circumstances involving a personal emergency similar to the
circumstances for which emergency leave could be granted a member)'' for
``a member of a uniformed service who is performing temporary duty away
from his permanent duty station (or who is assigned to a ship or unit
operating away from its home port) may be provided the travel and
transportation authorized by section 404 of this title for travel
performed by the member from his place of temporary duty (or from his
ship or unit) to his permanent duty station (or the home port of the
ship or unit) or to any other location, and return (if applicable), if
such travel has been approved incident to the serious illness or injury
or the death of a dependent of the member''.
Subsec. (b). Pub. L. 98-525 added subsec. (b). Former subsec. (b)
redesignated (c).
Subsec. (c). Pub. L. 98-525 redesignated subsec. (b) as (c),
substituted ``Transportation under this section may be authorized only
upon a determination that, considering the nature of the personal
emergency involved, Government transportation is not reasonably
available'' for ``Transportation under this section may be authorized
only upon a determination that Government transportation is not
reasonably available, considering the nature of the personal emergency
involved'', and substituted ``The cost of transportation authorized
under this section for a member, or the dependents of a member, may not
exceed the cost of Government-procured commercial air travel between the
applicable locations described in subsection (b) of this section'' for
``The cost of transportation authorized under this section may not
exceed the cost of Government-procured commercial air travel from the
member's place of temporary duty (or from his ship or unit) to the
member's permanent duty station (or the home port of the ship or unit),
and return (if applicable)''.
Subsec. (d). Pub. L. 98-525 added subsec. (d).
Effective Date of 1984 Amendment
Section 612(b) of Pub. L. 98-525 provided that: ``The amendment made
by subsection (a)(1) [amending this section] shall apply with respect to
transportation begun after September 30, 1984.''
