§ 429. — Travel and transportation allowances: minor dependent schooling.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC429]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7--ALLOWANCES
Sec. 429. Travel and transportation allowances: minor dependent
schooling
Under regulations to be prescribed by the Secretary of Defense, a
member of a uniformed service whose permanent station is outside the
United States may be allowed transportation in kind for any minor
dependent (or reimbursement therefor), or a monetary allowance in place
of such transportation in kind, to a school operated by the Department
of Defense under the Defense Dependents' Education Act of 1978 (20
U.S.C. 921 et seq.) for dependents in an overseas area which is
operated, and which such dependent attends, on a 5-day-a-week dormitory
basis or on a 7-day-a-week dormitory basis. In the case of a dependent
attending a school on a 5-day-a-week dormitory basis, the transportation
in kind or allowance authorized by this section shall be for weekly
trips to and from such school, and in the case of a dependent attending
a school on a 7-day-a-week dormitory basis, such transportation in kind
or allowances shall be for not less than three trips to and from such
school during the school year.
(Added Pub. L. 95-561, title XIV, Sec. 1407(e)(1)(A), formerly
Sec. 1407(c)(1)(A), Nov. 1, 1978, 92 Stat. 2367, renumbered
Sec. 1407(d)(1)(A), Pub. L. 101-510, div. A, title V, Sec. 504(a)(1),
Nov. 5, 1990, 104 Stat. 1559; renumbered Sec. 1407(e)(1)(A), Pub. L.
107-107, div. A, title III, Sec. 353(1), Dec. 28, 2001, 115 Stat. 1063;
amended Pub. L. 99-145, title XIII, Sec. 1303(b)(10), Nov. 8, 1985, 99
Stat. 741.)
References in Text
The Defense Dependents' Education Act of 1978, referred to in text,
is Pub. L. 95-561, title XIV, 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
1985--Pub. L. 99-145 inserted ``(20 U.S.C. 921 et seq.)''.
Effective Date
Section effective Oct. 1, 1978, and no provision to be construed in
impair or to prevent the taking of effect of any other Act providing for
the transfer of the described functions to an executive department
having responsibility for education, see section 1415 of Pub. L. 95-561,
set out as a note under section 921 of Title 20, Education.
Transfer of Functions
All functions of the Secretary of Defense and the Department of
Defense under this section, with the exception of functions relating to
operation of overseas institutions of higher education, were transferred
to the Secretary of Education by section 3442(a) and (d) of Title 20,
Education.
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.
Authority Under the Defense Department Overseas Teachers Pay and
Personnel Practices Act Available to Secretary of Education
The authority of the Secretary of Defense and the Secretaries of the
military departments under the Defense Department Overseas Teachers Pay
and Personnel Practices Act, section 901 et seq. of Title 20, Education,
made available to the Secretary of Education with respect to all
functions transferred from the Secretary of Defense and Department of
Defense under this section by section 3442(b) of Title 20, Education.
