
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1036]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 53--MISCELLANEOUS RIGHTS AND BENEFITS
 
Sec. 1036. Escorts for dependents of members: transportation and 
        travel allowances
        
    Under regulations to be prescribed by the Secretary concerned, round 
trip transportation and travel allowances may be paid to any person for 
travel performed or to be performed under competent orders as an escort 
for dependents of a member of the armed forces, if the travel is 
performed not later than one year after the member--
        (1) dies;
        (2) is missing; or
        (3) is otherwise unable to accompany his dependents;

and it has been determined that travel by the dependents is necessary 
and that they are incapable of traveling alone because of age, mental or 
physical incapacity, or other extraordinary circumstances. Such 
allowances may be paid in advance.

(Added Pub. L. 86-160, Sec. 1(1), Aug. 14, 1959, 73 Stat. 358; amended 
Pub. L. 98-94, title IX, Sec. 913(a), Sept. 24, 1983, 97 Stat. 640.)


                               Amendments

    1983--Pub. L. 98-94 inserted sentence allowing the payment of 
allowances in advance.


                    Effective Date of 1983 Amendment

    Section 913(c) of Pub. L. 98-94 provided that: ``The amendments made 
by subsections (a) and (b) [amending this section and section 1040 of 
this title] shall apply to travel performed by escorts or attendants of 
dependents on or after the date of the enactment of this Act [Sept. 24, 
1983].''


 Back Payments: Validation; Application; Limitations; Accountability of 
                    Disbursing Officers; Regulations

    Sections 4-7 of Pub. L. 86-160 provided that:
    ``Sec. 4. Travel and transportation allowances paid before the 
effective date of this Act [Aug. 14, 1959] to persons ordered by 
competent authority to escort dependents of members of the uniformed 
services are hereby validated, if they would have been authorized under 
section 1 of this Act [enacting this section].
    ``Sec. 5. Any person who was ordered by competent authority after 
January 1, 1950, and before the effective date of this Act [Aug. 14, 
1959] to escort dependents of members of the uniformed services and who 
has not been paid travel and transportation allowances, or who has 
repaid the United States the amount so paid to him, is entitled to be 
paid the amount otherwise authorized by section 1 of this Act [enacting 
this section], if application for such payment is made not later than 
one year after the effective date of this Act [Aug. 14, 1959].
    ``Sec. 6. The Comptroller General of the United States, or his 
designee, shall relieve disbursing officers, including special 
disbursing agents, from accountability or responsibility for any 
payments described in section 4 of this Act, and shall allow credits in 
the settlement of the accounts of those disbursing officers or agents 
for payments which are found to be free from fraud or collusion.
    ``Sec. 7. No regulations under section 1 of this Act [enacting this 
section] relating to the military departments shall be prescribed by the 
Secretary of a military department unless such regulations are first 
approved under procedures prescribed by the Secretary of Defense. 
Regulations of the Secretaries of the Treasury, Commerce, and Health, 
Education, and Welfare [now Health and Human Services] under section 1, 
2, or 3 of this Act [enacting this section and amending section 857a of 
Title 33, Navigation and Navigable Waters, and section 213a of Title 42, 
The Public Health and Welfare] shall, to the extent practicable, agree 
with regulations so approved.''


                          Public Health Service

    Authority vested by this section in ``the Secretary concerned'' to 
be exercised, with respect to commissioned officers of Public Health 
Service, by Secretary of Health and Human Services or his designee, see 
section 213a of Title 42, The Public Health and Welfare.


             National Oceanic and Atmospheric Administration

    Authority vested by this section in ``the Secretary concerned'' to 
be exercised, with respect to Coast and Geodetic Survey [now 
commissioned officer corps of National Oceanic and Atmospheric 
Administration], by Secretary of Commerce or his designee, see section 
857a of Title 33, Navigation and Navigable Waters.

                  Section Referred to in Other Sections

    This section is referred to in title 33 section 857a; title 42 
section 213a.
