37 U.S.C. § 430 : US Code - Section 430: Travel and transportation: dependent children of members stationed overseas

Search 37 U.S.C. § 430 : US Code - Section 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) The allowance authorized under paragraph (1) for the travel
of an eligible dependent may include reimbursement for costs
incurred by or on behalf of the dependent for lodging of the
dependent that is necessitated by an interruption in the travel
caused by extraordinary circumstances prescribed in the regulations
under subsection (a). The amount of the reimbursement shall be
determined using the rate applicable to such circumstances.
(3) 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.
(4) 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)).