37 U.S. Code § 489 - Travel and transportation allowances: minor dependent schooling
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(a) Authority.— 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.
Source(Added Pub. L. 95–561, title XIV, § 1407(e)(1)(A), formerly § 1407(c)(1)(A),Nov. 1, 1978, 92 Stat. 2367, renumbered § 1407(d)(1)(A),Pub. L. 101–510, div. A, title V, § 504(a)(1),Nov. 5, 1990, 104 Stat. 1559, renumbered § 1407(e)(1)(A),Pub. L. 107–107, div. A, title III, § 353(1),Dec. 28, 2001, 115 Stat. 1063, § 429; amended Pub. L. 99–145, title XIII, § 1303(b)(10),Nov. 8, 1985, 99 Stat. 741; renumbered § 489 and amended Pub. L. 112–81, div. A, title VI, § 631(d)(2), (e)(28),Dec. 31, 2011, 125 Stat. 1460, 1464; Pub. L. 112–239, div. A, title X, § 1076(a)(6),Jan. 2, 2013, 126 Stat. 1948.)
References in Text
The Defense Dependents’ Education Act of 1978, referred to in subsec. (a), is Pub. L. 95–561, title XIV, Nov. 1, 1978, 92 Stat. 2365, 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.
2013—Pub. L. 112–239, § 1076(a)(6), made technical amendment to directory language of Pub. L. 112–81, § 631(e)(28). See 2011 Amendment note below.
2011—Pub. L. 112–81, § 631(e)(28), as amended by Pub. L. 112–239, § 1076(a)(6), inserted subsec. (a) designation and heading before “Under regulations” and added subsec. (b).
Effective Date of 2013 Amendment
Pub. L. 112–239, div. A, title X, § 1076(a),Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(6) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81as enacted.
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 ofPub. 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 ofPub. 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.