37 USC § 490 - 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)).

(g) Termination.— No transportation, allowance, reimbursement, or per diem may be provided under this section for travel that begins after the travel authorities transition expiration date.

Source

(Added Pub. L. 98–94, title IX, § 910(a)(1),Sept. 24, 1983, 97 Stat. 638, § 430; 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; Pub. L. 106–398, § 1 [[div. A], title VI, § 646], Oct. 30, 2000, 114 Stat. 1654, 1654A–162; Pub. L. 107–107, div. A, title VI, § 639(a)–(c), title IX, § 931(c),Dec. 28, 2001, 115 Stat. 1148, 1200; Pub. L. 107–314, div. A, title VI, § 654(b)(6),Dec. 2, 2002, 116 Stat. 2582; Pub. L. 108–136, div. A, title VI, § 633,Nov. 24, 2003, 117 Stat. 1509; Pub. L. 108–375, div. A, title VI, § 633,Oct. 28, 2004, 118 Stat. 1957; renumbered § 490 and amended Pub. L. 112–81, div. A, title VI, § 631(d)(2), (e)(29),Dec. 31, 2011, 125 Stat. 1460, 1464.)

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

2011—Pub. L. 112–81, § 631(d)(2), renumbered section 430 of this title as this section.

Subsec. (g). Pub. L. 112–81, § 631(e)(29), added subsec. (g).

2004—Subsec. (b)(2) to (4). Pub. L. 108–375added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

2003—Subsec. (b)(2). Pub. L. 108–136inserted 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. 107–314added 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, § 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, § 639(b)(1), inserted heading.

Subsec. (b)(1). Pub. L. 107–107, § 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, § 639(b)(3), added par. (3).

Subsec. (c). Pub. L. 107–107, § 931(c), substituted “Air Mobility Command” for “Military Airlift Command”.

Pub. L. 107–107, § 639(c)(1), inserted heading.

Subsec. (d). Pub. L. 107–107, § 639(c)(2), inserted heading and substituted “subsection (a)(2)” for “subsection (a)(3)”.

Subsec. (e). Pub. L. 107–107, § 639(c)(3), inserted heading.

Subsec. (f). Pub. L. 107–107, § 639(c)(4), inserted heading.

2000—Subsecs. (a)(3), (b)(1). Pub. L. 106–398, § 1 [[div. A], title VI, § 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, § 1 [[div. A], title VI, § 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. 105–261designated existing provisions as par. (1) and added par. (2).

1991—Subsec. (a). Pub. L. 102–25struck 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. 101–510inserted “(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 2001 Amendment

Pub. L. 107–107, div. A, title VI, § 639(d),Dec. 28, 2001, 115 Stat. 1149, as amended by Pub. L. 112–81, div. A, title VI, § 631(f)(4)(B),Dec. 31, 2011, 125 Stat. 1465, provided that: “The amendments made by this section [amending this section] shall apply with respect to travel described in subsection (b) ofsection 490 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].”

[Amendment by Pub. L. 112–81to section 639(d) ofPub. L. 107–107, set out above, was executed to reflect the probable intent of Congress, notwithstanding an error in the directory language.]

Effective Date of 1989 Amendment

Section 625(b) ofPub. L. 101–189provided 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

Pub. L. 98–94, title IX, § 910(b),Sept. 24, 1983, 97 Stat. 639, as amended by Pub. L. 112–81, div. A, title VI, § 631(f)(4)(B),Dec. 31, 2011, 125 Stat. 1465, provided that: “Section 490 of title 37, United States Code, as added by subsection (a), shall apply only with respect to travel begun after September 30, 1983.”

[Amendment by Pub. L. 112–81to section 910(b) ofPub. L. 98–94, set out above, was executed to reflect the probable intent of Congress, notwithstanding an error in the directory language.]

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 ofPub. 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.”