
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[646]]
[Document affected by Public Law 107-107 Section 639(a)-(c)]
[Document affected by Public Law 107-107 Section 931(c)]
[Document affected by Public Law 107-107 Section 639(d)]
[CITE: 37USC430]

 
         TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
 
                          CHAPTER 7--ALLOWANCES
 
Sec. 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, Sec. 910(a)(1), Sept. 24, 1983, 97 Stat. 
638; amended Pub. L. 101-189, div. A, title VI, Sec. 625(a), Nov. 29, 
1989, 103 Stat. 1448; Pub. L. 101-510, div. A, title XIV, 
Sec. 1484(e)(1), Nov. 5, 1990, 104 Stat. 1717; Pub. L. 102-25, title 
VII, Sec. 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 105-
261, div. A, title VI, Sec. 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 
(Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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.''
