§ 923. Space-available enrollment of students; tuition

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Defense Dependents’ Education Act of 1978

   Pub. L. 95–561 title XIV § 1404 · 92 Stat. 2143

   Enacted · 20 U.S.C. § 923

   Pub. L. 95–561, title XIV, § 1404, Nov. 1, 1978, 92 Stat. 2366

   Source evidence

   Code source credit
   Pub. L. 95–561, title XIV, § 1404, Nov. 1, 1978, 92 Stat. 2366

   Enacted provision · exact public law section
   Sec. 1404. tuition-paying students (a) Enrollment authorization. 20 USC 923. Subject to subsection (b) and in accordance with regulations issued under subsection (c), the Director may authorize the enrollment in a school of the defense dependents’ education system of a child not otherwise eligible to enroll in such a school if and to the extent that there is space available for such child in the school. (b) (1) Payment, rate. Except as otherwise provided under subsection (c), any child permitted to enroll in a school of the defense dependents’ education system under this section shall be required to pay tuition at a rate determined by the Secretary of Defense, which shall not be less than the rate necessary to defray the average cost of the enrollment of children in the system under this section. (2) Amounts received under paragraph (1) shall be available to the defense dependents’ education system to assist in defraying the cost of enrollment of children in the system under this section. (c) Regulations. The Secretary of Defense may by regulation identify classes of children who shall be eligible to enroll in schools of the defense dependents’ education system under this section if and to the extent that there is space available, establish priorities among such classes, waive the tuition requirement of subsection (b)(1) with respect to any such class, and issue such other regulations as may be necessary to carry out this section.

2. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 title XII § 1205 · 99 Stat. 583

   Added · 20 U.S.C. § 923(d)

   Pub. L. 99–145 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 99–145 added subsec. (d).

   Enacted provision · exact public law section
   SEC. 1205. AUTHORITY TO ENROLL CERTAIN CHILDREN IN OVERSEAS SCHOOLS OF THE DEFENSE DEPENDENTS’ EDUCATION SYSTEM Section 1404 of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 923) is amended by adding at the end thereof the following new subsection: “(d) (1) The Secretary of Defense may authorize the enrollment in schools of the defense dependents’ education system of children in the following classes: “(A) Children of officers and employees of the United States (including employees of nonappropriated fund activities of the Department of Defense) stationed in overseas areas. “(B) Children of employees of contractors employed in carrying out work for the United States in overseas areas. “(C) Children of other citizens or nationals of the United States or of foreign nationals, if the Secretary determines that enrollment of such children is in the national interest. “(2) Notwithstanding subsection (c), the Secretary may not waive the tuition requirements of subsection (b)(1) with respect to children referred to in paragraph (1).”.

3. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 div. A title III § 325(b) · 103 Stat. 1352

   Substituted · 20 U.S.C. § 923(d)(1)(A)

   Pub. L. 101–189 substituted “(other than civilian officers and employees who are sponsors under section 932(2) of this title)” for “(including employees of nonappropriated fund activities of the Department of Defense)”

   Source evidence

   Code amendment note
   Subsec. (d)(1)(A). Pub. L. 101–189 substituted “(other than civilian officers and employees who are sponsors under section 932(2) of this title)” for “(including employees of nonappropriated fund activities of the Department of Defense)”.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 1404(d)(1) of such Act (20 U.S.C. 923(d)(1)) is amended by striking out “(including employees of nonappropriated fund activities of the Department of Defense)” in subparagraph (A) and inserting in lieu thereof “(other than civilian officers and employees who are sponsors under section 1414(2))”.

   Effective date note
   Pub. L. 101–189, div. A, title III, § 325(c), Nov. 29, 1989, 103 Stat. 1415, provided that: “The amendments made by this section [amending this section and section 932 of this title] shall apply with respect to periods of enrollment in schools of the defense dependents’ education system beginning after September 30, 1989.”

4. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 563(b) · 117 Stat. 1392

   Substituted · 20 U.S.C. § 923

   Pub. L. 108–136, § 563(b), substituted “Space-available enrollment of students; tuition” for “Tuition-paying students” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 108–136, § 563(b), substituted “Space-available enrollment of students; tuition” for “Tuition-paying students” in section catchline.

   Enacted provision · exact public law section
   (b) Clerical Amendment.— The heading of such section is amended to read as follows: “space-available enrollment of students; tuition” .

5. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 563(a) · 117 Stat. 1392

   1. Amended · 20 U.S.C. § 923(c)

      Pub. L. 108–136, § 563(a), designated existing provisions as par. (1)

   2. Added · 20 U.S.C. § 923(c)

      Pub. L. 108–136, § 563(a), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 108–136, § 563(a), designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (a) Tuition Status Parity With Dependents of Other Reservists.— Section 1404(c) of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 923(c)) is amended— (1) by inserting “(1)” after “(c)”; and (2) by adding at the end the following new paragraph: “(2) (A) The Secretary shall include in the regulations prescribed under this subsection a requirement that children in the class of children described in subparagraph (B) shall be subject to the same tuition requirements, or waiver of tuition requirements, as children in the class of children described in subparagraph (C). “(B) The class of children described in this subparagraph are children of members of reserve components of the Armed Forces who— “(i) are on active duty under an order to active duty under section 12301 or 12302 of title 10, United States Code; “(ii) were ordered to active duty from a location in the United States (other than in Alaska or Hawaii); and “(iii) are serving on active duty outside the United States or in Alaska or Hawaii. “(C) The class of children described in this subparagraph are children of members of reserve components of the Armed Forces who— “(i) are on active duty under an order to active duty under section 12301 or 12302 of title 10, United States Code; “(ii) were ordered to active duty from a location outside the United States (or in Alaska or Hawaii); and “(iii) are serving on active duty outside the United States or in Alaska or Hawaii.” .

6. 2025

   Pub. L. 119–60 div. A title V § 582(a) · 139 Stat. 888

   Added · 20 U.S.C. § 923(d)(1)(D)

   Pub. L. 119–60 added subpar. (D)

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (d)(1)(D). Pub. L. 119–60 added subpar. (D).

6 of 7 references resolved to an enrolled provision · 1 unresolved