§ 481d. 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).

(d) No transportation may be provided under this section after the travel authorities transition expiration date.

(Added Pub. L. 97–60, title I, § 126(a), Oct. 14, 1981, 95 Stat. 1004, § 411d; amended Pub. L. 98–525, title VI, § 612(a)(1), Oct. 19, 1984, 98 Stat. 2538; Pub. L. 100–26, § 8(e)(6), Apr. 21, 1987, 101 Stat. 286; Pub. L. 102–25, title VII, § 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 103–337, div. A, title VI, § 623, Oct. 5, 1994, 108 Stat. 2784; Pub. L. 106–65, div. A, title VI, § 633, Oct. 5, 1999, 113 Stat. 661; Pub. L. 107–314, div. A, title VI, § 654(b)(5), Dec. 2, 2002, 116 Stat. 2582; renumbered § 481d and amended Pub. L. 112–81, div. A, title VI, § 631(d)(2), (e)(18), Dec. 31, 2011, 125 Stat. 1460, 1463.)

Amendments

Amendments

2011—Pub. L. 112–81, § 631(d)(2), renumbered section 411d of this title as this section.

Subsec. (d). Pub. L. 112–81, § 631(e)(18), added subsec. (d).

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, § 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, § 623(1)(B), substituted “closest to the location” for “closest to the international airport”.

Subsec. (b)(4). Pub. L. 103–337, § 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 Amendment

Effective Date of 1984 Amendment

Pub. L. 98–525, title VI, § 612(b), Oct. 19, 1984, 98 Stat. 2539, provided that: “The amendment made by subsection (a)(1) [amending this section] shall apply with respect to transportation begun after September 30, 1984.”