§430. Travel and transportation: dependent children of members stationed overseas

(a) Under regulations to be prescribed by the Secretary of Defense, a member of a uniformed service who-

(1) is assigned a permanent duty station outside the continental United States,

(2) is accompanied by his dependents at or near his duty station (unless his only dependents are in the category of dependent described in clause (3)), and

(3) has a dependent child who is under 23 years of age attending a school in the continental United States for the purpose of obtaining a secondary or undergraduate college education,

may be paid the allowance set forth in subsection (b) if he otherwise qualifies for such allowance.

(b)(1) A member described in subsection (a) may be paid a transportation allowance for each unmarried dependent child, who is under 23 years of age and is attending a school in the continental United States for the purpose of obtaining a secondary or undergraduate college education, of one annual trip between the school being attended and the member's duty station outside the continental United States and return. The allowance authorized by this section may be transportation in kind or reimbursement therefor, as prescribed by the Secretaries concerned. However, the transportation authorized by this section may not be paid a member for a child attending a school in the continental United States for the purpose of obtaining a secondary education if the child is eligible to attend a secondary school for dependents that is located at or in the vicinity of the duty station of the member and is operated under the Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et seq.).

(2) At the option of the member, in lieu of the transportation of baggage of a dependent child under paragraph (1) from the dependent's school in the continental United States, the Secretary concerned may pay or reimburse the member for costs incurred to store the baggage at or in the vicinity of the school during the dependent's annual trip between the school and the member's duty station. The amount of the payment or reimbursement may not exceed the cost that the Government would incur to transport the baggage.

(c) Whenever possible, the Military Airlift Command or Military Sealift Command shall be used, on a space-required basis, for the travel authorized by this section.

(d) For a member assigned to duty outside the continental United States, transportation under this section may be provided a dependent child as described in subsection (a)(3) who is attending a school in Alaska or Hawaii.

(e) The transportation allowance authorized by this section (whether transportation in kind or reimbursement) may not be paid in the case of a member assigned to a permanent duty station in Alaska or Hawaii for a child attending a school in the State of the permanent duty station.

(f) In this section, the term "continental United States" means the 48 contiguous States and the District of Columbia.

(Added Pub. L. 98–94, title IX, §910(a)(1), Sept. 24, 1983, 97 Stat. 638 ; amended Pub. L. 101–189, div. A, title VI, §625(a), Nov. 29, 1989, 103 Stat. 1448 ; Pub. L. 101–510, div. A, title XIV, §1484(e)(1), Nov. 5, 1990, 104 Stat. 1717 ; Pub. L. 102–25, title VII, §702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117 ; Pub. L. 105–261, div. A, title VI, §634, Oct. 17, 1998, 112 Stat. 2044 .)

References in Text

The Defense Dependents' Education Act of 1978, referred to in subsec. (b)(1), is title XIV of Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2365 , as amended, which is classified principally to chapter 25A (§921 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 921 of Title 20 and Tables.

Amendments

1998-Subsec. (b). Pub. L. 105–261 designated existing provisions as par. (1) and added par. (2).

1991-Subsec. (a). Pub. L. 102–25 struck out "of this subsection" after "clause (3)" in par. (2) and "of this section" after "subsection (b)" in concluding provisions.

Subsec. (b). Pub. L. 102–25, §702(b)(1), struck out "of this section" after "subsection (a)".

1990-Subsec. (b). Pub. L. 101–510 inserted "(20 U.S.C. 921 et seq.)" after "Education Act of 1978".

1989-Subsec. (a). Pub. L. 101–189, §625(a)(1), inserted "continental" before "United States" in pars. (1) and (3) and struck out "oversea" before "duty station" in par. (2).

Subsec. (b). Pub. L. 101–189, §625(a)(2), inserted "continental" before "United States" in two places and substituted "outside the continental United States" for "in the oversea area".

Subsecs. (d) to (f). Pub. L. 101–189, §625(a)(3), added subsecs. (d) to (f).

Effective Date of 1989 Amendment

Section 625(b) of Pub. L. 101–189 provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to travel and transportation commenced after the date of the enactment of this Act [Nov. 29, 1989]."

Effective Date

Section 910(b) of Pub. L. 98–94 provided that: "Section 430 of title 37, United States Code, as added by subsection (a), shall apply only with respect to travel begun after September 30, 1983."

Dependent Student Travel Within United States

For availability of Department of Defense funds for travel and transportation of dependent students of members of the Armed Forces stationed overseas for transportation allowances for travel within or between the contiguous States, see section 808 of Pub. L. 99–145, set out as a note under section 133 of Title 10, Armed Forces.

Pub. L. 98–212, title VII, §799B, Dec. 8, 1983, 97 Stat. 1456 , as amended by Pub. L. 98–396, title I, Aug. 22, 1984, 98 Stat. 1378 , provided in part that: "After August 31, 1984, none of the funds appropriated to the Department of Defense for the travel and transportation of dependent students of military personnel stationed overseas shall be obligated for a transportation allowance for travel within or between the contiguous United States."