37-U.S.C.-476B
§476B – Travel and Transportation Allowances: Members of The Uniformed Services Attached to A Ship Overhauling Or Inactivating
Pathway
Title 37 > Chapter 8 > Subchapter III > Section 476b
Details
- Reference: Section 476b
- Legend: §476B – Travel and Transportation Allowances: Members of The Uniformed Services Attached to A Ship Overhauling Or Inactivating
- USCode Year: 2013
Provision Content
(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 474(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 474(d)(1) of this title may be provided, in lieu of the members entitlement to transportation, for the members 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 members 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 476 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.
(e) No transportation or allowance may be provided under this section for travel that begins after the travel authorities transition expiration date.
(Added Pub. L. 91–210, §1(1), Mar. 13, 1970, 84 Stat. 53, §406b; amended Pub. L. 93–170, Nov. 29, 1973, 87 Stat. 689; Pub. L. 96–513, title V, §516(11), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 97–22, §11(b)(3)(A), July 10, 1981, 95 Stat. 138; Pub. L. 99–145, title VI, §616(a), (c)(1), Nov. 8, 1985, 99 Stat. 641; Pub. L. 100–26, §8(d)(7), Apr. 21, 1987, 101 Stat. 285; Pub. L. 100–180, div. A, title XII, §1233(a)(3), Dec. 4, 1987, 101 Stat. 1161; Pub. L. 101–189, div. A, title VI, §624(b), Nov. 29, 1989, 103 Stat. 1448; Pub. L. 102–484, div. A, title X, §1054(a)(5), Oct. 23, 1992, 106 Stat. 2502; renumbered §476b and amended Pub. L. 112–81, div. A, title VI, §631(d)(2), (e)(8), (f)(4)(A), Dec. 31, 2011, 125 Stat. 1460, 1462, 1465; Pub. L. 112–239, div. A, title X, §1076(a)(9), Jan. 2, 2013, 126 Stat. 1948.)
References in Text
Section 2634 of title 10, referred to in subsec. (c), was repealed by Pub. L. 113–66, div. A, title VI, §621(g)(1), Dec. 26, 2013, 127 Stat. 784.
Amendments
2013—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(f)(4)(A), as amended by Pub. L. 112–239, §1076(a)(9), substituted 474 for 404 in subsecs. (a) and (b) and 476 for 406 in subsec. (c).
Pub. L. 112–81, §631(d)(2), renumbered section 406b of this title as this section.
Subsec. (e). Pub. L. 112–81, §631(e)(8), added subsec. (e).
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 members 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, §616(c)(1), struck out away from home port in section catchline.
Subsecs. (a) to (d). Pub. L. 99–145, §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 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 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
Pub. L. 99–145, title VI, §616(b), Nov. 8, 1985, 99 Stat. 641, 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.
U.S. Encyclopedia of Law Coverage
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