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Title 20 — Education

Chapter 25A — Overseas Defense Dependents’ Education

§ 923a. Enrollment of certain additional children on tuition-free basis

Statutory text

(a)

Enrollment authorized

Under regulations to be prescribed by the Secretary of Defense, the Secretary may authorize the enrollment in schools of the defense dependents’ education system on a tuition-free basis of—

(1)

the children of full-time, locally-hired employees of the Department of Defense in an overseas area if such employees are citizens or nationals of the United States; and

(2)

the children of foreign military members assigned to—

(A)

the Supreme Headquarters Allied Powers, Europe, but only in a school of the defense dependents’ education system in Mons, Belgium; or

(B)

the United Nations Command, but only in a school of the defense dependents’ education system in South Korea or Japan.

(b)

Funding

The Secretary may use funds available for the defense dependents’ education system to provide for the education of children enrolled in the defense dependents’ education system under subsection (a).

(c)

Special rules regarding enrollment of dependents of foreign military members

(1)

In the regulations required by subsection (a), the Secretary shall prescribe a methodology based on the estimated total number of dependents of sponsors under section 932(2) of this title enrolled in schools of the defense dependents’ education system described in paragraph (2) of subsection (a) to determine the number of children described in that paragraph who will be authorized to enroll under such subsection. The Secretary shall prescribe such methodology with the advice and assistance of the commanders of the geographic combatant commands with jurisdiction over the locations described in paragraph (2) of subsection (a).

(2)

If the number of children described in paragraph (2) of subsection (a) who seek enrollment in schools of the defense dependents’ education system exceeds the number authorized by the Secretary under paragraph (1), the Secretary may enroll the additional children on a space-available, tuition-free basis notwithstanding section 923(d)(2) of this title.

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. Education Amendments of 1978

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

    Enacted · 20 U.S.C. § 923a

    Pub. L. 95–561, title XIV, § 1404A, as added Pub. L. 109–163, div. A, title V, § 571, Jan. 6, 2006, 119 Stat. 3270

    Source evidence

    Code source credit
    Pub. L. 95–561, title XIV, § 1404A, as added Pub. L. 109–163, div. A, title V, § 571, Jan. 6, 2006, 119 Stat. 3270

  2. John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 571(a)(1) · 120 Stat. 2083

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

      Pub. L. 109–364, § 571(a)(1), substituted “basis of—” for “basis of”

    2. Amended · 20 U.S.C. § 923a(a)

      Pub. L. 109–364, § 571(a)(1), designated part of existing provisions as par. (1)

    3. Substituted · 20 U.S.C. § 923a(a)

      Pub. L. 109–364, § 571(a)(1), substituted “; and” for period at end

    4. Added · 20 U.S.C. § 923a(a)

      Pub. L. 109–364, § 571(a)(1), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–364, § 571(a)(1), substituted “basis of—” for “basis of”, designated part of existing provisions as par. (1), substituted “; and” for period at end, and added par. (2).

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking “of the children” and inserting “of— “(1) the children” ; (B) by striking the period at the end and inserting “; and”; and (C) by adding at the end the following new paragraph: “(2) the children of a foreign military member assigned to the Supreme Headquarters Allied Powers, Europe, but only in a school of the defense dependents’ education system in Mons, Belgium, and only through the 2010–2011 school year.” ; and

  3. John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 571(a)(2) · 120 Stat. 2083

    Added · 20 U.S.C. § 923a(c)

    Pub. L. 109–364, § 571(a)(2), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 109–364, § 571(a)(2), added subsec. (c).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subsection: “(c) Special Rules Regarding Enrollment of Dependents of Foreign Military Members Assigned to Supreme Headquarters Allied Powers, Europe.— (1) In the regulations required by subsection (a), the Secretary shall prescribe a methodology based on the estimated total number of dependents of sponsors under section 1414(2) enrolled in schools of the defense dependents’ education system in Mons, Belgium, to determine the number of children described in paragraph (2) of subsection (a) who will be authorized to enroll under such subsection. “(2) If the number of children described in paragraph (2) of subsection (a) who seek enrollment in schools of the defense dependents’ education system in Mons, Belgium, exceeds the number authorized by the Secretary under paragraph (1), the Secretary may enroll the additional children on a space-available, tuition-free basis notwithstanding section 1404(d)(2).” .

  4. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 1063(e)(1) · 122 Stat. 3

    Changed · 20 U.S.C. § 923a

    Pub. L. 110–181, § 1063(e)(1), made technical correction to directory language of Pub. L. 109–163, § 571, which enacted this section

    Source evidence

    Code amendment note
    Pub. L. 110–181, § 1063(e)(1), made technical correction to directory language of Pub. L. 109–163, § 571, which enacted this section.

    Enacted provision · exact public law section
    (1) Section 571 (119 Stat. 3270) is amended by striking “931 et seq.)” and inserting “921 et seq.)”.

    Effective date note
    Pub. L. 110–181, div. A, title X, § 1063(e), Jan. 28, 2008, 122 Stat. 323, provided that the amendment made by section 1063(e) of Pub. L. 110–181 is effective as of Jan. 6, 2006, and as if included in Pub. L. 109–163 as enacted.

  5. National Defense Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 § 535(a) · 123 Stat. 2190

    Struck · 20 U.S.C. § 923a(a)(2)

    Pub. L. 111–84, § 535(a), struck out “, and only through the 2010–2011 school year” before period at end

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 111–84, § 535(a), struck out “, and only through the 2010–2011 school year” before period at end.

    Enacted provision · exact public law section
    (a) Permanent Enrollment Authority.— Subsection (a)(2) of section 1404A of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 923a) is amended by striking “, and only through the 2010-2011 school year”.

  6. National Defense Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 § 535(b) · 123 Stat. 2190

    Inserted · 20 U.S.C. § 923a(c)(1)

    Pub. L. 111–84, § 535(b), inserted at end “The Secretary shall prescribe such methodology with the advice and assistance of the commander of the geographic combatant command with jurisdiction over Mons, Belgium.”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 111–84, § 535(b), inserted at end “The Secretary shall prescribe such methodology with the advice and assistance of the commander of the geographic combatant command with jurisdiction over Mons, Belgium.”

    Enacted provision · exact public law section
    (b) Combatant Commander Advice and Assistance.— Subsection (c)(1) of such section is amended by adding at the end the following new sentence: “The Secretary shall prescribe such methodology with the advice and assistance of the commander of the geographic combatant command with jurisdiction over Mons, Belgium.”.

  7. Pub. L. 118–159 § 597(1) · 138 Stat. 1921

    1. Substituted · 20 U.S.C. § 923a(a)(2)

      Pub. L. 118–159, § 597(1), substituted “foreign military members assigned to—” for “a foreign military member assigned to”

    2. Amended · 20 U.S.C. § 923a(a)(2)

      Pub. L. 118–159, § 597(1), designated remainder of existing provisions as subpar. (A)

    3. Added · 20 U.S.C. § 923a(a)(2)

      Pub. L. 118–159, § 597(1), added subpar. (B)

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 118–159, § 597(1), substituted “foreign military members assigned to—” for “a foreign military member assigned to”, designated remainder of existing provisions as subpar. (A), and added subpar. (B).

  8. Pub. L. 118–159 § 597(2)(A) · 138 Stat. 1921

    Struck · 20 U.S.C. § 923a(c)

    Pub. L. 118–159, § 597(2)(A), struck out “assigned to Supreme Headquarters Allied Powers, Europe” after “members” in heading

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 118–159, § 597(2)(A), struck out “assigned to Supreme Headquarters Allied Powers, Europe” after “members” in heading.

  9. Pub. L. 118–159 § 597(2)(B) · 138 Stat. 1921

    1. Substituted · 20 U.S.C. § 923a(c)(1)

      Pub. L. 118–159, § 597(2)(B), substituted “described in paragraph (2) of subsection (a) to determine the number of children described in that paragraph” for “in Mons, Belgium, to determine the number of children described in paragraph (2) of subsection (a)” in second sentence

    2. Substituted · 20 U.S.C. § 923a(c)(1)

      Pub. L. 118–159, § 597(2)(B), substituted “the commanders of the geographic combatant commands with jurisdiction over the locations described in paragraph (2) of subsection (a)” for “the commander of the geographic combatant command with jurisdiction over Mons, Belgium” in second sentence

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 118–159, § 597(2)(B), substituted “described in paragraph (2) of subsection (a) to determine the number of children described in that paragraph” for “in Mons, Belgium, to determine the number of children described in paragraph (2) of subsection (a)” in first sentence and “the commanders of the geographic combatant commands with jurisdiction over the locations described in paragraph (2) of subsection (a)” for “the commander of the geographic combatant command with jurisdiction over Mons, Belgium” in second sentence.

  10. Pub. L. 118–159 § 597(2)(C) · 138 Stat. 1921

    Struck · 20 U.S.C. § 923a(c)(2)

    Pub. L. 118–159, § 597(2)(C), struck out “in Mons, Belgium,” after “education system”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 118–159, § 597(2)(C), struck out “in Mons, Belgium,” after “education system”.

8 of 16 references resolved to an enrolled provision · 1 partial · 7 unresolved

Editorial Notes

Amendments2006–2024 · 4 rounds

2024

Subsec. (a)(2). Pub. L. 118–159, § 597(1), substituted “foreign military members assigned to—” for “a foreign military member assigned to”, designated remainder of existing provisions as subpar. (A), and added subpar. (B).

Subsec. (c). Pub. L. 118–159, § 597(2)(A), struck out “assigned to Supreme Headquarters Allied Powers, Europe” after “members” in heading.

Subsec. (c)(1). Pub. L. 118–159, § 597(2)(B), substituted “described in paragraph (2) of subsection (a) to determine the number of children described in that paragraph” for “in Mons, Belgium, to determine the number of children described in paragraph (2) of subsection (a)” in first sentence and “the commanders of the geographic combatant commands with jurisdiction over the locations described in paragraph (2) of subsection (a)” for “the commander of the geographic combatant command with jurisdiction over Mons, Belgium” in second sentence.

Subsec. (c)(2). Pub. L. 118–159, § 597(2)(C), struck out “in Mons, Belgium,” after “education system”.

2009

Subsec. (a)(2). Pub. L. 111–84, § 535(a), struck out “, and only through the 2010–2011 school year” before period at end.

Subsec. (c)(1). Pub. L. 111–84, § 535(b), inserted at end “The Secretary shall prescribe such methodology with the advice and assistance of the commander of the geographic combatant command with jurisdiction over Mons, Belgium.”

2008

Pub. L. 110–181, § 1063(e)(1), made technical correction to directory language of Pub. L. 109–163, § 571, which enacted this section.

2006

Subsec. (a). Pub. L. 109–364, § 571(a)(1), substituted “basis of—” for “basis of”, designated part of existing provisions as par. (1), substituted “; and” for period at end, and added par. (2).

Subsec. (c). Pub. L. 109–364, § 571(a)(2), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–181, div. A, title X, § 1063(e), , 122 Stat. 323, provided that the amendment made by section 1063(e) of Pub. L. 110–181 is effective as of , and as if included in Pub. L. 109–163 as enacted.

Credits

2006–2024 · 5 acts
  1. 2006Pub. L. 95–561, title XIV, § 1404A, as added Pub. L. 109–163, div. A, title V, § 571, , 119 Stat. 3270
  2. 2006amended Pub. L. 109–364, div. A, title V, § 571(a), , 120 Stat. 2225
  3. 2008Pub. L. 110–181, div. A, title X, § 1063(e)(1), , 122 Stat. 323
  4. 2009Pub. L. 111–84, div. A, title V, § 535, , 123 Stat. 2292
  5. 2024Pub. L. 118–159, div. A, title V, § 597, , 138 Stat. 1921.
Show as published

(Pub. L. 95–561, title XIV, § 1404A, as added Pub. L. 109–163, div. A, title V, § 571, , 119 Stat. 3270; amended Pub. L. 109–364, div. A, title V, § 571(a), , 120 Stat. 2225; Pub. L. 110–181, div. A, title X, § 1063(e)(1), , 122 Stat. 323; Pub. L. 111–84, div. A, title V, § 535, , 123 Stat. 2292; Pub. L. 118–159, div. A, title V, § 597, , 138 Stat. 1921.)

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