§411b. Travel and transportation allowances: travel performed in connection with leave between consecutive overseas tours

(a)(1) Under uniform regulations prescribed by the Secretaries concerned, a member of a uniformed service stationed outside the 48 contiguous States and the District of Columbia who is ordered to a consecutive tour of duty at the same duty station or who is ordered to made a change of permanent station to another duty station outside the 48 contiguous States and the District of Columbia 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, or his designee, or to a place no farther distant than his home of record 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.

(2) 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.

(b) 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, §1(1), Dec. 28, 1973, 87 Stat. 910 ; 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 .)

Amendments

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).

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."