§ 430. — Travel and transportation: dependent children of members stationed overseas.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[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) Availability of Allowance.--(1) Under regulations prescribed by
the Secretary of Defense, a member of a uniformed service may be paid
the allowance set forth in subsection (b) if the member--
(A) is assigned to a permanent duty station outside the
continental United States;
(B) is accompanied by the member's dependents at or near that
duty station (unless the member's only dependents are in the
category of dependent described in paragraph (2)); and
(C) has an eligible dependent child described in paragraph (2).
(2) An eligible dependent child of a member referred to in paragraph
(1)(C) is a child who--
(A) is under 23 years of age and unmarried;
(B) is enrolled in a school in the continental United States for
the purpose of obtaining a formal education; and
(C) is attending that school or is participating in a foreign
study program approved by that school and, pursuant to that foreign
study program, is attending a school outside the United States for a
period of not more than one year.
(b) Allowance Authorized.--(1) A member described in subsection (a)
may be paid a transportation allowance for each eligible dependent child
of the member of one annual trip between the school being attended by
that child 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 or during a different period in
the same fiscal year selected by the member. The amount of the payment
or reimbursement may not exceed the cost that the Government would incur
to transport the baggage.
(3) The transportation allowance paid under paragraph (1) for an
annual trip of an eligible dependent child who is attending a school
outside the United States may not exceed the transportation allowance
that would be paid under this section for the annual trip of that child
between the child's school in the continental United States and the
member's duty station outside the continental United States and return.
(c) Use of Airlift and Sealift Command.--Whenever possible, the Air
Mobility Command or Military Sealift Command shall be used, on a space-
required basis, for the travel authorized by this section.
(d) Attendance at School in Alaska or Hawaii.--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)(2) who is attending a school in Alaska or Hawaii.
(e) Exception.--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) Definitions.--In this section:
(1) The term ``formal education'' means the following:
(A) A secondary education.
(B) An undergraduate college education.
(C) A graduate education pursued on a full-time basis at an
institution of higher education.
(D) Vocational education pursued on a full-time basis at a
postsecondary vocational institution.
(2) The term ``institution of higher education'' has the meaning
given that term in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001).
(3) The term ``postsecondary vocational institution'' has the
meaning given that term in section 102(c) of the Higher Education
Act of 1965 (20 U.S.C. 1002(c)).
(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; Pub. L.
106-398, Sec. 1 [[div. A], title VI, Sec. 646], Oct. 30, 2000, 114 Stat.
1654, 1654A-162; Pub. L. 107-107, div. A, title VI, Sec. 639(a)-(c),
title IX, Sec. 931(c), Dec. 28, 2001, 115 Stat. 1148, 1200; Pub. L. 107-
314, div. A, title VI, Sec. 654(b)(6), Dec. 2, 2002, 116 Stat. 2582;
Pub. L. 108-136, div. A, title VI, Sec. 633, Nov. 24, 2003, 117 Stat.
1509.)
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
2003--Subsec. (b)(2). Pub. L. 108-136 inserted before period at end
of first sentence ``or during a different period in the same fiscal year
selected by the member''.
2002--Subsec. (f). Pub. L. 107-314 added subsec. (f) and struck out
heading and text of former subsec. (f). Text defined the terms
``continental United States'' and ``formal education''.
2001--Subsec. (a). Pub. L. 107-107, Sec. 639(a), inserted heading
and amended text generally. Prior to amendment, text read as follows:
``(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 formal education,
may be paid the allowance set forth in subsection (b) if he otherwise
qualifies for such allowance.''
Subsec. (b). Pub. L. 107-107, Sec. 639(b)(1), inserted heading.
Subsec. (b)(1). Pub. L. 107-107, Sec. 639(b)(2), in first sentence,
substituted ``each eligible dependent child of the member of one annual
trip between the school being attended by that child'' 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
formal education, of one annual trip between the school being
attended''.
Subsec. (b)(3). Pub. L. 107-107, Sec. 639(b)(3), added par. (3).
Subsec. (c). Pub. L. 107-107, Sec. 931(c), substituted ``Air
Mobility Command'' for ``Military Airlift Command''.
Pub. L. 107-107, Sec. 639(c)(1), inserted heading.
Subsec. (d). Pub. L. 107-107, Sec. 639(c)(2), inserted heading and
substituted ``subsection (a)(2)'' for ``subsection (a)(3)''.
Subsec. (e). Pub. L. 107-107, Sec. 639(c)(3), inserted heading.
Subsec. (f). Pub. L. 107-107, Sec. 639(c)(4), inserted heading.
2000--Subsecs. (a)(3), (b)(1). Pub. L. 106-398, Sec. 1 [[div. A],
title VI, Sec. 646(1)], substituted ``for the purpose of obtaining a
formal education'' for ``for the purpose of obtaining a secondary or
undergraduate college education''.
Subsec. (f). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 646(2)], substituted ``In this section:'' for ``In this section,'',
inserted par. (1) designation, substituted ``The term'' for ``the
term'', and added par. (2).
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 2001 Amendment
Pub. L. 107-107, div. A, title VI, Sec. 639(d), Dec. 28, 2001, 115
Stat. 1149, provided that: ``The amendments made by this section
[amending this section] shall apply with respect to travel described in
subsection (b) of section 430 of title 37, United States Code, as
amended by this section, that commences on or after the date of the
enactment of this Act [Dec. 28, 2001].''
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.''
