Notes on 37 U.S.C. § 430 : US Code - Notes

Search Notes on 37 U.S.C. § 430 : US Code - Notes

(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; Pub. L. 108-375,
div. A, title VI, Sec. 633, Oct. 28, 2004, 118 Stat. 1957.)
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
2004 - Subsec. (b)(2) to (4). Pub. L. 108-375 added par. (2) and
redesignated former pars. (2) and (3) as (3) and (4), respectively.
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."