CHAPTER 108—DEPARTMENT OF DEFENSE SCHOOLS

        

Editorial Notes

Amendments

2025—Pub. L. 119–60, div. A, title V, §§584, 585(a), Dec. 18, 2025, 139 Stat. 889, 891, added items 2164c and 2164d. Amendments were made pursuant to operation of section 102 of this title.

2024—Pub. L. 118–159, div. A, title V, §595(a), Dec. 23, 2024, 138 Stat. 1919, added item 2164b. Amendment was made pursuant to operation of section 102 of this title.

2023—Pub. L. 118–31, div. A, title V, §589(a), Dec. 22, 2023, 137 Stat. 284, added item 2164a. Amendment was made pursuant to operation of section 102 of this title.

2021—Pub. L. 117–81, div. A, title V, §556(b), Dec. 27, 2021, 135 Stat. 1739, substituted "Defense Language Institute Foreign Language Center: degree of Associate or Bachelor of Arts in foreign language" for "Defense Language Institute Foreign Language Center: degree of Associate of Arts in foreign language" in item 2168.

2019—Pub. L. 116–92, div. E, title LIII, §5324(e)(1), formerly §5324(g)(1), Dec. 20, 2019, 133 Stat. 2137, renumbered §5324(e)(1), Pub. L. 116–260, div. W, title III, §305(c)(3), Dec. 27, 2020, 134 Stat. 2367, struck out item 2161 "Degree granting authority for National Intelligence University".

2016—Pub. L. 114–328, div. A, title XII, §1241(o)(5), Dec. 23, 2016, 130 Stat. 2512, struck out item 2166 "Western Hemisphere Institute for Security Cooperation".

2013—Pub. L. 112–239, div. A, title IX, §922(b)(2), Jan. 2, 2013, 126 Stat. 1879, substituted "National Intelligence University" for "National Defense Intelligence College" in item 2161.

2009—Pub. L. 111–84, div. A, title V, §525(a)(3)(B), title IX, §901(b), Oct. 28, 2009, 123 Stat. 2286, 2423, added items 2167a and 2169.

2008—Pub. L. 110–417, [div. A], title V, §543(a)(2), (b)(2), Oct. 14, 2008, 122 Stat. 4457, 4458, added items 2161 and 2163 and struck out former items 2161 "Joint Military Intelligence College: academic degrees" and 2163 "National Defense University: master's degree programs".

Pub. L. 110–181, div. A, title V, §526(b)(2), Jan. 28, 2008, 122 Stat. 105, added item 2163 and struck out former item 2163 "National Defense University: master of science degrees".

2006—Pub. L. 109–163, div. A, title V, §521(b), Jan. 6, 2006, 119 Stat. 3240, substituted "National Defense University: master of science degrees" for "National Defense University: masters of science in national security strategy and in national resource strategy" in item 2163.

2001—Pub. L. 107–107, div. A, title V, §§528(a)(2), 531(b), Dec. 28, 2001, 115 Stat. 1103, 1104, added items 2167 and 2168.

2000—Pub. L. 106–398, §1 [[div. A], title IX, §911(c)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-228, added item 2166.

1997—Pub. L. 105–107, title V, §501(b), Nov. 20, 1997, 111 Stat. 2262, substituted "Joint Military Intelligence College: academic degrees" for "Defense Intelligence School; master of science of strategic intelligence" in item 2261.

Pub. L. 105–85, div. A, title IX, §921(a)(2), Nov. 18, 1997, 111 Stat. 1862, added item 2165.

1994—Pub. L. 103–337, div. A, title III, §351(b), Oct. 5, 1994, 108 Stat. 2730, added item 2164.

1993—Pub. L. 103–160, div. A, title IX, §922(b), Nov. 30, 1993, 107 Stat. 1731, added item 2163.

1990—Pub. L. 101–510, div. A, title IX, §911(b)(1), (2), Nov. 5, 1990, 104 Stat. 1626, substituted "DEPARTMENT OF DEFENSE SCHOOLS" for "GRANTING OF ADVANCED DEGREES AT DEPARTMENT OF DEFENSE SCHOOLS" as chapter heading and added item 2162.

Statutory Notes and Related Subsidiaries

Daniel K. Inouye Asia-Pacific Center for Security Studies: Reimbursement Waiver for Personnel of Foreign Nations

Pub. L. 107–248, title VIII, §8073, Oct. 23, 2002, 116 Stat. 1553, as amended by Pub. L. 113–291, div. B, title XXVIII, §2861(c), Dec. 19, 2014, 128 Stat. 3716, related to waiver by the Secretary of Defense of reimbursement of the cost of conferences, seminars, courses of instruction, or similar educational activities of the Daniel K. Inouye Asia-Pacific Center for Security Studies for military officers and civilian officials of foreign nations, prior to repeal by Pub. L. 114–328, div. A, title XII, §1241(e)(5)(D), Dec. 23, 2016, 130 Stat. 2507.

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 107–117, div. A, title VIII, §8081, Jan. 10, 2002, 115 Stat. 2265.

Pub. L. 106–259, title VIII, §8080, Aug. 9, 2000, 114 Stat. 692.

Pub. L. 106–79, title VIII, §8085, Oct. 25, 1999, 113 Stat. 1251.

Pub. L. 105–262, title VIII, §8086, Oct. 17, 1998, 112 Stat. 2318.

Pub. L. 105–56, title VIII, §8094, Oct. 8, 1997, 111 Stat. 1242.

Pub. L. 104–208, div. A, title I, §101(b) [title VIII, §8121], Sept. 30, 1996, 110 Stat. 3009–71, 3009-115.

Regional Defense Counter-terrorism Fellowship Program

Pub. L. 107–117, div. A, title VIII, §8125, Jan. 10, 2002, 115 Stat. 2275, provided that: "In addition to amounts provided elsewhere in this Act [see Tables for classification], $17,900,000 is hereby appropriated for the Secretary of Defense, to remain available until expended, to establish a Regional Defense Counter-terrorism Fellowship Program: Provided, That funding provided herein may be used by the Secretary to fund foreign military officers to attend U.S. military educational institutions and selected regional centers for non-lethal training: Provided further, That United States Regional Commanders in Chief will be the nominative authority for candidates and schools for attendance with joint staff review and approval by the Secretary of Defense: Provided further, That the Secretary of Defense shall establish rules to govern the administration of this program."

Attendance at Professional Military Education Schools by Military Personnel of the New Member Nations of NATO

Pub. L. 106–65, div. A, title XII, §1223, Oct. 5, 1999, 113 Stat. 787, provided that:

"(a) Finding.—Congress finds that it is in the national interest of the United States to fully integrate Poland, Hungary, and the Czech Republic (the new member nations of the North Atlantic Treaty Organization) into the NATO alliance as quickly as possible.

"(b) Military Education and Training Programs.—The Secretary of each military department shall give due consideration to according a high priority to the attendance of military personnel of Poland, Hungary, and the Czech Republic at professional military education schools and training programs in the United States, including the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the National Defense University, the war colleges of the Armed Forces, the command and general staff officer courses of the Armed Forces, and other schools and training programs of the Armed Forces that admit personnel of foreign armed forces."

Sense of Congress on Grade of Heads of Senior Professional Military Education Schools

Pub. L. 103–337, div. A, title IX, §914, Oct. 5, 1994, 108 Stat. 2829, provided that: "It is the sense of Congress that an officer serving in a position as the head of one of the senior professional military education schools of the Department of Defense (or of the separate military departments) should, while so serving, hold a grade not less than the grade (or its equivalent) held by the officer serving in that position on the date of the enactment of this Act [Oct. 5, 1994]."

Military Department Affiliation of War College Students

Pub. L. 104–208, div. A, title I, §101(b) [title VIII, §8069], Sept. 30, 1996, 110 Stat. 3009–71, 3009-102, which provided that, for resident classes entering war colleges after Sept. 30, 1997, Department of Defense was to require that not less than 20 percent of total of United States military students at each war college was to be from military departments other than hosting military department and provided that each military department was to recognize attendance at sister military department war college as equivalent of attendance at its own war college for promotion and advancement of personnel, was from the Department of Defense Appropriations Act, 1997, and was not repeated in subsequent appropriations acts. Similar provisions were contained in the following prior appropriation acts:

Pub. L. 104–61, title VIII, §8084, Dec. 1, 1995, 109 Stat. 667.

Pub. L. 103–335, title VIII, §8108A, Sept. 30, 1994, 108 Stat. 2646.

Authority for Military School Faculty Members and Students To Accept Honoraria for Certain Scholarly and Academic Activities

Pub. L. 102–484, div. A, title V, §542, Oct. 23, 1992, 106 Stat. 2413, related to conditions for and exceptions to authority of Department of Defense school faculty and students to accept honoraria for appearance, speech, or article published in bona fide publication, prior to repeal by Pub. L. 107–314, div. A, title VI, §653(a), Dec. 2, 2002, 116 Stat. 2581.

[Pub. L. 107–314, div. A, title VI, §653(b), Dec. 2, 2002, 116 Stat. 2581, provided that: "The repeal made by subsection (a) [repealing section 542 of Pub. L. 102–484, formerly set out above] shall apply with respect to appearances made, speeches presented, and articles published on or after October 1, 2002."]

[§2161. Repealed. Pub. L. 116–92, div. E, title LIII, §5324(e)(1), formerly §5324(g)(1), Dec. 20, 2019, 133 Stat. 2137, renumbered §5324(e)(1), Pub. L. 116–260, div. W, title III, §305(c)(3), Dec. 27, 2020, 134 Stat. 2367]

Section, added Pub. L. 96–450, title IV, §406(a), Oct. 14, 1980, 94 Stat. 1980; amended Pub. L. 105–107, title V, §501(a), Nov. 20, 1997, 111 Stat. 2261; Pub. L. 110–417, [div. A], title V, §543(a)(1), Oct. 14, 2008, 122 Stat. 4456; Pub. L. 112–239, div. A, title IX, §922(a), (b)(1), Jan. 2, 2013, 126 Stat. 1879, related to degree granting authority for the National Intelligence University.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective on the date on which the Secretary of Defense and the Director of National Intelligence jointly submit the joint certifications required under section 3334a(b)(1) of Title 50, War and National Defense, see section 3334a(e)(2) of Title 50.

§2162. Preparation of budget requests for operation of professional military education schools

(a) Uniform Cost Accounting.—The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall promulgate a uniform cost accounting system for use by the Secretaries of the military departments in preparing budget requests for the operation of professional military education schools.

(b) Preparation of Budget Requests.—(1) Amounts requested for a fiscal year for the operation of each professional military education school shall be set forth as a separate budget request in the materials submitted by the Secretary of Defense to Congress in support of the budget request for the Department of Defense.

(2) As executive agent for funding professional development education at the National Defense University, including the Joint Forces Staff College, the Secretary of Defense, with the advice of the Chairman of the Joint Chiefs of Staff, shall prepare the annual budget for professional development education operations at the National Defense University and set forth that request as a separate budget request in the materials submitted to Congress in support of the budget request for the Department of Defense. Nothing in the preceding sentence affects policies in effect on December 28, 2001, with respect to budgeting for the funding of logistical and base operations support for components of the National Defense University through the military departments.

(3) The Secretary of a military department preparing a budget request for a professional military education school shall carefully consider the views of the Chairman of the Joint Chiefs of Staff, particularly with respect to the amount of the request for the operation of the schools of the National Defense University and the joint professional military education curricula of the other professional military education schools.

(c) Comparison of Budget Requests.—Materials prepared in support of the budget request for a professional military education school shall describe whether the amount requested for that school is comparable to the amounts requested for other professional military education schools, taking into consideration the size and activities of the schools.

(d) Professional Military Education Schools.—This section applies to each of the following professional military education schools:

(1) The National Defense University.

(2) The Army War College.

(3) The College of Naval Warfare.

(4) The Air War College.

(5) The United States Army Command and General Staff College.

(6) The College of Naval Command and Staff.

(7) The Air Command and Staff College.

(8) The Marine Corps University.

(9) The Space Force Senior Level Education Program.

(10) The Space Force Intermediate Level Education Program.

(Added Pub. L. 101–510, div. A, title IX, §911(a), Nov. 5, 1990, 104 Stat. 1625; amended Pub. L. 105–85, div. A, title IX, §921(b), Nov. 18, 1997, 111 Stat. 1862; Pub. L. 107–107, div. A, title V, §527(b), Dec. 28, 2001, 115 Stat. 1102; Pub. L. 107–314, div. A, title X, §1062(a)(7), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 119–60, div. A, title V, §552(b), Dec. 18, 2025, 139 Stat. 877.)

Editorial Notes

Amendments

2025—Subsec. (d)(9), (10). Pub. L. 119–60 added pars. (9) and (10).

2002—Subsec. (b)(2). Pub. L. 107–314 substituted "December 28, 2001," for "the date of the enactment of this paragraph".

2001—Subsec. (b)(2), (3). Pub. L. 107–107 added par. (2) and redesignated former par. (2) as (3).

1997—Subsec. (d). Pub. L. 105–85 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows:

"(d) Definitions.—In this section:

"(1) The term 'professional military education school' means—

"(A) the National Defense University;

"(B) the Army War College;

"(C) the College of Naval Warfare;

"(D) the Air War College;

"(E) the United States Army Command and General Staff College;

"(F) the College of Naval Command and Staff;

"(G) the Air Command and Staff College; or

"(H) the Marine Corps Command and Staff College.

"(2) The term 'National Defense University' means the National War College, the Armed Forces Staff College, and the Industrial College of the Armed Forces."

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 101–510, div. A, title IX, §911(b)[(c)], Nov. 5, 1990, 104 Stat. 1626, provided that: "Section 2162 of title 10, United States Code, as added by subsection (a), shall apply with respect to fiscal years after fiscal year 1991."

Executive Agent for Funding Professional Development Education

Pub. L. 107–107, div. A, title V, §527(a), Dec. 28, 2001, 115 Stat. 1101, provided that:

"(1) Effective beginning with fiscal year 2003, the Secretary of Defense shall be the executive agent for funding professional development education operations of all components of the National Defense University, including the Joint Forces Staff College. The Secretary may not delegate the Secretary's functions and responsibilities under the preceding sentence to the Secretary of a military department.

"(2) Nothing in this subsection affects policies in effect on the date of the enactment of this Act [Dec. 28, 2001] with respect to—

"(A) the reporting of the President of the National Defense University to the Chairman of the Joint Chiefs of Staff; or

"(B) provision of logistical and base operations support for components of the National Defense University by the military departments."

§2163. Degree granting authority for National Defense University

(a) Authority.—Under regulations prescribed by the Secretary of Defense, the President of the National Defense University may, upon the recommendation of the faculty of the National Defense University, confer appropriate degrees upon graduates who meet the degree requirements.

(b) Limitation.—A degree may not be conferred under this section unless—

(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and

(2) the National Defense University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.

(c) Congressional Notification Requirements.—(1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives—

(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education's National Advisory Committee on Institutional Quality and Integrity; and

(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.

(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.

(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the National Defense University to award any new or existing degree.

(Added Pub. L. 103–160, div. A, title IX, §922(a), Nov. 30, 1993, 107 Stat. 1730; amended Pub. L. 109–163, div. A, title V, §521(a), Jan. 6, 2006, 119 Stat. 3239; Pub. L. 110–181, div. A, title V, §526(a), (b)(1), Jan. 28, 2008, 122 Stat. 104, 105; Pub. L. 110–417, [div. A], title V, §543(b)(1), Oct. 14, 2008, 122 Stat. 4457.)

Editorial Notes

Amendments

2008—Pub. L. 110–417 amended section generally. Prior to amendment, section related to conferral of master of science and master of arts degrees by National Defense University.

Pub. L. 110–181, §526(b)(1), substituted "National Defense University: master's degree programs" for "National Defense University: master of science degrees" in section catchline.

Subsec. (a). Pub. L. 110–181, §526(a)(1), inserted "or master of arts" after "master of science".

Subsec. (b)(4). Pub. L. 110–181, §526(a)(2), added par. (4).

2006—Pub. L. 109–163 amended section catchline and text generally. Prior to amendment, text read as follows:

"(a) National War College Degree.—The President of the National Defense University, upon the recommendation of the faculty and commandant of the National War College, may confer the degree of master of science of national security strategy upon graduates of the National War College who fulfill the requirements for the degree.

"(b) ICAF Degree.—The President of the National Defense University, upon the recommendation of the faculty and commandant of the Industrial College of the Armed Forces, may confer the degree of master of science of national resource strategy upon graduates of the Industrial College of the Armed Forces who fulfill the requirements for the degree.

"(c) Regulations.—The authority provided by subsections (a) and (b) shall be exercised under regulations prescribed by the Secretary of Defense."

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–417, [div. A], title V, §543(j), Oct. 14, 2008, 122 Stat. 4465, provided that: "The amendments made by this section [amending this section and sections 2161, 4314, 4321, 7048, 7101, 7102, 9314, and 9317 of this title] shall apply to any degree granting authority established, modified, or redesignated on or after the date of enactment of this Act [Oct. 14, 2008] for an institution of professional military education referred to in such amendments."

Pub. L. 110–181, div. A, title V, §526(c), Jan. 28, 2008, 122 Stat. 105, provided that: "Paragraph (4) of section 2163(b) of title 10, United States Code, as added by subsection (a) of this section, applies with respect to any person who becomes a graduate of the National Defense University on or after September 6, 2006, and fulfills the requirements of the program referred to in such paragraph (4)."

Effective Date of 2006 Amendment

Pub. L. 109–163, div. A, title V, §521(c), Jan. 6, 2006, 119 Stat. 3240, provided that: "Paragraph (3) of section 2163(b) of title 10, United States Code, as amended by subsection (a), shall take effect for degrees awarded after May 2005."

§2164. Department of Defense domestic dependent elementary and secondary schools

(a) Authority of Secretary.—(1) If the Secretary of Defense makes a determination that appropriate educational programs are not available through a local educational agency for dependents of members of the armed forces and dependents of civilian employees of the Federal Government residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States), the Secretary may enter into arrangements to provide for the elementary or secondary education of the dependents of such members of the armed forces and, to the extent authorized in subsection (c), the dependents of such civilian employees.

(2) The Secretary may, at the discretion of the Secretary, permit dependents of members of the armed forces and, to the extent provided in subsection (c), dependents of civilian employees of the Federal Government residing in a territory, commonwealth, or possession of the United States but not on a military installation, to enroll in an educational program provided by the Secretary pursuant to this subsection. If a member of the armed forces is assigned to a remote location or is assigned to an unaccompanied tour of duty, a dependent of the member who resides, on or off a military installation, in a territory, commonwealth, or possession of the United States, as authorized by the member's orders, may be enrolled in an educational program provided by the Secretary under this subsection.

(3)(A) Under the circumstances described in subparagraph (B), the Secretary may, at the discretion of the Secretary, permit a dependent of a member of the armed forces to enroll in an educational program provided by the Secretary pursuant to this subsection without regard to the requirement in paragraph (1) with respect to residence on a military installation.

(B) Subparagraph (A) applies only if—

(i) the dependents reside in temporary housing (regardless of whether the temporary housing is on Federal property)—

(I) because of the unavailability of adequate permanent living quarters on the military installation to which the member is assigned; or

(II) while the member is wounded, ill, or injured; and

(ii) the Secretary determines that the circumstances of such living arrangements justify extending the enrollment authority to include the dependents.

(b) Factors for Secretary To Consider.—(1) Factors to be considered by the Secretary of Defense in making a determination under subsection (a) shall include the following:

(A) The extent to which such dependents are eligible for free public education in the local area adjacent to the military installation.

(B) The extent to which the local educational agency is able to provide an appropriate educational program for such dependents.

(2) For purposes of paragraph (1)(B), an appropriate educational program is a program that, as determined by the Secretary, is comparable to a program of free public education provided for children by the following local educational agencies:

(A) In the case of a military installation located in a State (other than an installation referred to in subparagraph (B)), local educational agencies in the State that are similar to the local educational agency referred to in paragraph (1)(B).

(B) In the case of a military installation with boundaries contiguous to two or more States, local educational agencies in the contiguous States that are similar to the local educational agency referred to in paragraph (1)(B).

(C) In the case of a military installation located in a territory, commonwealth, or possession, the District of Columbia public schools, except that an educational program determined comparable under this subparagraph may be considered appropriate for the purposes of paragraph (1)(B) only if the program is conducted in the English language.

(c) Eligibility of Dependents of Federal Employees.—(1)(A) A dependent of a Federal employee residing in permanent living quarters on a military installation at any time during the school year may enroll in an educational program provided by the Secretary of Defense pursuant to subsection (a) for dependents residing on such installation.

(B) A dependent of a United States Customs Service employee who resides in Puerto Rico, but not on a military installation, may enroll in an educational program provided by the Secretary pursuant to subsection (a) in Puerto Rico in accordance with the same rules as apply to a dependent of a Federal employee residing in permanent living quarters on a military installation.

(2)(A) Except as provided in subparagraphs (B) and (C), a dependent of a Federal employee who is enrolled in an educational program provided by the Secretary pursuant to subsection (a) and who is not residing on a military installation may be enrolled in the program for not more than five consecutive school years.

(B) At the discretion of the Secretary, a dependent referred to in subparagraph (A) may be enrolled in the program for more than five consecutive school years if the dependent is otherwise qualified for enrollment, space is available in the program, and the Secretary will be reimbursed for the educational services provided. Any such extension shall cover only one school year at a time.

(C) Subparagraph (A) shall not apply to an individual who is a dependent of a Federal employee in the excepted service (as defined in section 2103 of title 5) and who is enrolled in an educational program provided by the Secretary pursuant to subsection (a) in Puerto Rico, Wake Island, Guam, American Samoa, the Northern Mariana Islands, or the Virgin Islands.

(D) Subparagraph (A) shall not apply to a dependent covered by paragraph (1)(B). No requirement under this paragraph for reimbursement for educational services provided for the dependent shall apply with respect to the dependent, except that the Secretary may require the United States Customs Service to reimburse the Secretary for the cost of the educational services provided for the dependent.

(d) School Advisory Committees.—(1) The Secretary of Defense, acting through the Director of the Department of Defense Education Activity, shall provide for the establishment of an advisory committee for each Department of Defense elementary or secondary school established at a military installation under this section.

(2) An advisory committee established under paragraph (1) for a school at a military installation—

(A) shall advise the principal or superintendent of the school with respect to the operation of the school;

(B) may make recommendations with respect to curriculum and budget matters; and

(C) except in the case of an advisory committee for a school on a military installation described in paragraph (4), shall advise the commander of the military installation with respect to problems concerning the education of dependents within the jurisdiction of the commander.

(3)(A) The membership of each advisory committee established for a school described in paragraph (1)—

(i) shall include an equal number of parents of students enrolled in the school and of employees working at the school; and

(ii) when appropriate, may include a student enrolled in the school.

(B) In addition to the members described in subparagraph (A), the membership of each advisory committee shall include one nonvoting member designated by the organization recognized as the exclusive bargaining representative of the employees working at the school.

(4) In the case of a military installation where there is more than one school in the Department of Defense elementary and secondary school system, the Secretary, acting through the Director, shall provide for the establishment of an advisory committee for the military installation to advise the commander of the military installation with respect to the education of dependents.

(5)(A) Except in the case of a nonvoting member designated under paragraph (3)(B), members of an advisory committee established under this subsection shall be elected by individuals of voting age residing in the area to be served by the advisory committee.

(B) The Secretary, acting through the Director, shall by regulation prescribe the qualifications for election to an advisory committee established under this subsection and procedures for conducting elections of members to such an advisory committee.

(6) Members of an advisory committee established under this subsection shall serve without pay.

(e) Administration and Staff.—(1) The Secretary of Defense may enter into such arrangements as may be necessary to provide educational programs at the school.

(2) The Secretary may, without regard to the provisions of any other law relating to the number, classification, or compensation of employees—

(A) establish positions for civilian employees in schools established under this section;

(B) appoint individuals to such positions; and

(C) fix the compensation of such individuals for service in such positions.

(3)(A) Except as provided in subparagraph (B), in fixing the compensation of employees appointed for a school pursuant to paragraph (2), the Secretary shall consider—

(i) the compensation of comparable employees of the local educational agency in the capital of the State where the military installation is located;

(ii) the compensation of comparable employees in the local educational agency that provides public education to students who reside adjacent to the military installation; and

(iii) the average compensation for similar positions in not more than three other local educational agencies in the State in which the military installation is located.

(B) In fixing the compensation of employees in schools established in the territories, commonwealths, and possessions pursuant to the authority of this section, the Secretary shall determine the level of compensation required to attract qualified employees. For employees in such schools, the Secretary, without regard to the provisions of title 5, may provide for the tenure, leave, hours of work, and other incidents of employment to be similar to that provided for comparable positions in the public schools of the District of Columbia. For purposes of the first sentence, a school established before the effective date of this section pursuant to authority similar to the authority in this section shall be considered to have been established pursuant to the authority of this section.

(4)(A) The Secretary may, without regard to the provisions of any law relating to the number, classification, or compensation of employees—

(i) transfer employees from schools established under this section to schools in the defense dependents' education system in order to provide the services referred to in subparagraph (B) to such system; and

(ii) transfer employees from such system to schools established under this section in order to provide such services to those schools.

(B) The services referred to in subparagraph (A) are the following:

(i) Administrative services.

(ii) Logistical services.

(iii) Personnel services.

(iv) Such other services as the Secretary considers appropriate.

(C) Transfers under this paragraph shall extend for such periods as the Secretary considers appropriate. The Secretary shall provide appropriate compensation for employees so transferred.

(D) The Secretary may provide that the transfer of an employee under this paragraph occur without reimbursement of the school or system concerned.

(E) In this paragraph, the term "defense dependents' education system" means the program established and operated under section 1402(a) of the Defense Dependents' Education Act of 1978 (20 U.S.C. 921(a)).

(f) Substantive and Procedural Rights and Protections for Children.—(1) The Secretary shall provide the following substantive rights, protections, and procedural safeguards (including due process procedures) in the educational programs provided for under this section:

(A) In the case of children with disabilities aged 3 to 5, inclusive, all substantive rights, protections, and procedural safeguards (including due process procedures) available to children with disabilities aged 3 to 5, inclusive, under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.).

(B) In the case of infants or toddlers with disabilities, all substantive rights, protections, and procedural safeguards (including due process procedures) available to infants or toddlers with disabilities under part C of such Act (20 U.S.C. 1431 et seq.).

(C) In the case of all other children with disabilities, all substantive rights, protections, and procedural safeguards (including due process procedures) available to children with disabilities who are 3 to 5 years old under part B of such Act.

(2) Paragraph (1) may not be construed as diminishing for children with disabilities enrolled in day educational programs provided for under this section the extent of substantive rights, protections, and procedural safeguards that were available under section 6(a) of Public Law 81–874 (20 U.S.C. 241(a)) to children with disabilities as of October 7, 1991.

(3) In this subsection:

(A) The term "children with disabilities" has the meaning given the term in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401).

(B) The term "infants or toddlers with disabilities" has the meaning given the term in section 632 of such Act (20 U.S.C. 1432).

(g) Reimbursement.—When the Secretary of Defense provides educational services under this section to an individual who is a dependent of an employee of a Federal agency outside the Department of Defense, the head of the other Federal agency shall, upon request of the Secretary of Defense, reimburse the Secretary for those services at rates routinely prescribed by the Secretary for those services. Any payments received by the Secretary under this subsection shall be credited to the account designated by the Secretary for the operation of educational programs under this section.

(h) Continuation of Enrollment Despite Change in Status.—(1) The Secretary of Defense shall permit a dependent of a member of the armed forces or a dependent of a Federal employee to continue enrollment in an educational program provided by the Secretary pursuant to subsection (a) for the remainder of a school year notwithstanding a change during such school year in the status of the member or Federal employee that, except for this paragraph, would otherwise terminate the eligibility of the dependent to be enrolled in the program.

(2) The Secretary may, for good cause, authorize a dependent of a member of the armed forces or a dependent of a Federal employee to continue enrollment in an educational program provided by the Secretary pursuant to subsection (a) notwithstanding a change in the status of the member or employee that, except for this paragraph, would otherwise terminate the eligibility of the dependent to be enrolled in the program. The enrollment may continue for as long as the Secretary considers appropriate.

(3) Paragraphs (1) and (2) do not limit the authority of the Secretary to remove a dependent from enrollment in an educational program provided by the Secretary pursuant to subsection (a) at any time for good cause determined by the Secretary.

(i) American Red Cross Employee Dependents in Certain Areas.—(1) The Secretary may authorize the dependent of an American Red Cross employee described in paragraph (2) to enroll in an education program provided by the Secretary pursuant to subsection (a) in a territory, commonwealth, or possession of the United States if the American Red Cross agrees to reimburse the Secretary for the educational services so provided.

(2) An employee referred to in paragraph (1) is an American Red Cross employee who—

(A) resides in a territory, commonwealth, or possession of the United States where a program referred to in paragraph (1) is provided; and

(B) performs, on a full-time basis, emergency services on behalf of members of the armed forces.

(3) In determining the dependency status of any person for the purposes of paragraph (1), the Secretary shall apply the same definitions as apply to the determination of such status with respect to Federal employees in the administration of this section.

(4) Subsection (g) shall apply with respect to determining the reimbursement rates for educational services provided pursuant to this subsection. Amounts received as reimbursement for such educational services shall be treated in the same manner as amounts received under subsection (g).

(j) Tuition-free Enrollment of Dependents of Foreign Military Personnel Residing on Domestic Military Installations and Dependents of Certain Deceased Members of the Armed Forces.—(1) The Secretary may authorize the enrollment in a Department of Defense education program provided by the Secretary pursuant to subsection (a) of a dependent not otherwise eligible for such enrollment who is the dependent of a member of a foreign armed force residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States). Enrollment of such a dependent shall be on a tuition-free basis.

(2)(A) The Secretary may authorize the enrollment in a Department of Defense education program provided by the Secretary pursuant to subsection (a) of a dependent not otherwise eligible for such enrollment who is the dependent of a member of the armed forces who died in—

(i) an international terrorist attack against the United States or a foreign country friendly to the United States, as determined by the Secretary;

(ii) military operations while serving outside the United States (including the commonwealths, territories, and possessions of the United States) as part of a peacekeeping force; or

(iii) the line of duty in a combat-related operation, as designated by the Secretary.

(B)(i) Except as provided by clause (ii), enrollment of a dependent described in subparagraph (A) in a Department of Defense education program provided pursuant to subsection (a) shall be on a tuition-free, space available basis.

(ii) In the case of a dependent described in subparagraph (A) residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States), the Secretary may authorize enrollment of the dependent in a Department of Defense education program provided pursuant to subsection (a) on a tuition-free, space required basis.

(k) Enrollment of Relocated Defense Dependents' Education System Students.—(1) The Secretary of Defense may authorize the enrollment in a Department of Defense education program provided by the Secretary pursuant to subsection (a) of a dependent of a member of the armed forces or a dependent of a Federal employee who is enrolled in the defense dependents' education system established under section 1402 of the Defense Dependents' Education Act of 1978 (20 U.S.C. 921) if—

(A) the dependents departed the overseas location as a result of a evacuation order;

(B) the designated safe haven of the dependent is located within reasonable commuting distance of a school operated by the Department of Defense education program; and

(C) the school possesses the capacity and resources necessary to enable the student to attend the school.

(2) Unless waived by the Secretary of Defense, a dependent described in paragraph (1) who is enrolled in a school operated by the Department of Defense education program pursuant to such paragraph may attend the school only through the end of the school year.

(l) Enrollment in Virtual Elementary and Secondary Education Program.—(1) Under regulations prescribed by the Secretary of Defense, the Secretary may authorize the enrollment in the virtual elementary and secondary education program established as a component of the Department of Defense education program of a dependent of a member of the armed forces on active duty who—

(A) is enrolled in an elementary or secondary school operated by a local educational agency or another accredited educational program in the United States (other than a school operated by the Department of Defense education program); or

(B) is a home-schooled student.

(2) In this subsection, the term "home-schooled student" means a student in a grade equivalent to kindergarten or any of grades 1 through 12 who receives educational instruction at home or by other nontraditional means outside of a public or private school system, either all or most of the time.

(m) Meal Programs.—(1) The Secretary of Defense may administer a meal program, consistent with Federal law and standards prescribed by the Secretary of Agriculture for that meal program, for students enrolled in a school established under this section.

(2) In this subsection, the term "meal program" means a program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) or the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).

(n) Eligibility of Dependents of Certain Members of the Reserve Components.—(1) A dependent of a member described in paragraph (2) shall be eligible to attend a school established under this section at the military installation that is the permanent station of such member and such dependent shall automatically be granted enrollment at such school at the request of such member if there is sufficient space in the school to accommodate the dependent. In the event there is not sufficient space available at such school at the time the dependent seeks to enroll, the dependent shall be placed on a wait-list for enrollment in the school.

(2) A member described in this paragraph is a member of a reserve component performing active service pursuant to an order for accompanied permanent change of station.

(Added Pub. L. 103–337, div. A, title III, §351(a), Oct. 5, 1994, 108 Stat. 2727; amended Pub. L. 104–106, div. A, title X, §1075, Feb. 10, 1996, 110 Stat. 450; Pub. L. 104–201, div. A, title XVI, §1608, Sept. 23, 1996, 110 Stat. 2737; Pub. L. 105–261, div. A, title III, §371(a)–(c)(2), Oct. 17, 1998, 112 Stat. 1988, 1989; Pub. L. 106–65, div. A, title III, §§352, 353, Oct. 5, 1999, 113 Stat. 572; Pub. L. 106–398, §1 [[div. A], title III, §361], Oct. 30, 2000, 114 Stat. 1654, 1654A-76; Pub. L. 108–446, title III, §305(a), Dec. 3, 2004, 118 Stat. 2804; Pub. L. 111–84, div. A, title V, §534, Oct. 28, 2009, 123 Stat. 2292; Pub. L. 111–383, div. A, title V, §561, Jan. 7, 2011, 124 Stat. 4221; Pub. L. 112–239, div. A, title V, §565, Jan. 2, 2013, 126 Stat. 1749; Pub. L. 113–66, div. A, title V, §553(a), Dec. 26, 2013, 127 Stat. 764; Pub. L. 117–286, §4(a)(52), Dec. 27, 2022, 136 Stat. 4311; Pub. L. 118–159, div. A, title V, §§591–594(a), Dec. 23, 2024, 138 Stat. 1917–1919; Pub. L. 119–60, div. A, title V, §§582(b), 583, Dec. 18, 2025, 139 Stat. 888.)

Editorial Notes

References in Text

The effective date of this section, referred to in subsec. (e)(3)(B), is the date of enactment of Pub. L. 103–337 which was approved Oct. 5, 1994.

The Individuals with Disabilities Education Act, referred to in subsec. (f)(1), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, as amended. Parts B and C of the Act are classified generally to subchapters II (§1411 et seq.) and III (§1431 et seq.), respectively, of chapter 33 of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.

Section 6(a) of Public Law 81–874 (20 U.S.C. 241(a)), referred to in subsec. (f)(2), was repealed by Pub. L. 103–382, title III, §331(b), Oct. 20, 1994, 108 Stat. 3965.

The Child Nutrition Act of 1966, referred to in subsec. (m), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§1771 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1771 of Title 42 and Tables.

The Richard B. Russell National School Lunch Act, referred to in subsec. (m), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables.

Amendments

2025—Subsec. (i). Pub. L. 119–60, §582(b)(1), substituted "in Certain Areas" for "in Puerto Rico" in heading.

Subsec. (i)(1). Pub. L. 119–60, §582(b)(2), substituted "in a territory, commonwealth, or possession of the United States" for "in Puerto Rico".

Subsec. (i)(2)(A). Pub. L. 119–60, §582(b)(3), substituted "resides in a territory, commonwealth, or possession of the United States where a program referred to in paragraph (1) is provided" for "resides in Puerto Rico".

Subsec. (n). Pub. L. 119–60, §583, added subsec. (n).

2024—Subsec. (d). Pub. L. 118–159, §591, amended subsec. (d) generally. Prior to amendment, subsec. (d) related to establishment of a school board for Department of Defense elementary and secondary schools established at each military installation under this section.

Subsec. (j)(1). Pub. L. 118–159, §592(1), substituted "a member of a foreign armed force residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States)" for "an individual described in paragraph (2)".

Subsec. (j)(2). Pub. L. 118–159, §592(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "An individual referred to in paragraph (1) is any of the following:

"(A) A member of a foreign armed force residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States).

"(B) A deceased member of the armed forces who died in the line of duty in a combat-related operation, as designated by the Secretary."

Subsec. (l)(1)(A). Pub. L. 118–159, §593(1)(A), substituted "; or" for "; and".

Subsec. (l)(1)(B). Pub. L. 118–159, §593(1)(B), added subpar. (B) and struck out former subpar. (B) which read as follows: "immediately before such enrollment, was enrolled in the defense dependents' education system established under section 1402 of the Defense Dependents' Education Act of 1978 (20 U.S.C. 921)."

Subsec. (l)(2), (3). Pub. L. 118–159, §593(2), added par. (2) and struck out former pars. (2) and (3) which read as follows:

"(2) Enrollment of a dependent described in paragraph (1) pursuant to such paragraph shall be on a tuition basis.

"(3) Any payments received by the Secretary of Defense under this subsection shall be credited to the account designated by the Secretary for the operation of the virtual educational program under this subsection. Payments so credited shall be merged with other funds in the account and shall be available, to the extent provided in advance in appropriation Acts, for the same purposes and the same period as other funds in the account."

Subsec. (m). Pub. L. 118–159, §594(a), added subsec. (m).

2022—Subsec. (d)(6). Pub. L. 117–286 substituted "chapter 10 of title 5, but may close meetings in accordance with chapter 10 of title 5." for "the Federal Advisory Committee Act (5 U.S.C. App.), but may close meetings in accordance with such Act."

2013—Subsecs. (k), (l). Pub. L. 112–239 added subsecs. (k) and (l).

Subsec. (l)(3). Pub. L. 113–66 added par. (3).

2011—Subsec. (a)(3). Pub. L. 111–383 added par. (3).

2009—Subsec. (j). Pub. L. 111–84 added subsec. (j).

2004—Subsec. (f)(1)(B). Pub. L. 108–446, §305(a)(1), substituted "infants or toddlers" for "infants and toddlers" in two places, "part C" for "part H", and "1431 et seq." for "1471 et seq.".

Subsec. (f)(3)(A). Pub. L. 108–446, §305(a)(2)(A), substituted "section 602" for "section 602(a)(1)" and "1401" for "1401(a)(1)".

Subsec. (f)(3)(B). Pub. L. 108–446, §305(a)(2)(D), substituted "or toddlers" for "and toddlers", "632" for "672(1)", and "1432" for "1472(1)".

Pub. L. 108–446, §305(a)(2)(B), (C), redesignated subpar. (C) as (B) and struck out former subpar. (B) which defined the term "children with disabilities aged 3 to 5, inclusive".

Subsec. (f)(3)(C). Pub. L. 108–446, §305(a)(2)(C), redesignated subpar. (C) as (B).

2000—Subsec. (i). Pub. L. 106–398 added subsec. (i).

1999—Subsec. (c)(3). Pub. L. 106–65, §353(1), struck out par. (3) which read as follows: "A dependent of a Federal employee may continue enrollment in a program under this subsection for the remainder of a school year notwithstanding a change during such school year in the status of the Federal employee that, except for this paragraph, would otherwise terminate the eligibility of the dependent to be enrolled in the program. The preceding sentence does not limit the authority of the Secretary to remove the dependent from enrollment in the program at any time for good cause determined by the Secretary."

Subsec. (d)(1). Pub. L. 106–65, §352, inserted at end "The Secretary may provide for the establishment of one school board for all such schools in the Commonwealth of Puerto Rico and one school board for all such schools in Guam instead of one school board for each military installation in those locations."

Subsec. (h). Pub. L. 106–65, §353(2), added subsec. (h).

1998—Subsec. (a). Pub. L. 105–261, §371(a)(1), (2), designated first sentence as par. (1) and second sentence as par. (2).

Subsec. (a)(2). Pub. L. 105–261, §371(a)(3), inserted at end "If a member of the armed forces is assigned to a remote location or is assigned to an unaccompanied tour of duty, a dependent of the member who resides, on or off a military installation, in a territory, commonwealth, or possession of the United States, as authorized by the member's orders, may be enrolled in an educational program provided by the Secretary under this subsection."

Subsec. (c)(1). Pub. L. 105–261, §371(c)(1), designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (c)(2)(B). Pub. L. 105–261, §371(b), added subpar. (B) and struck out former subpar. (B) which read as follows: "A dependent referred to in subparagraph (A) may be enrolled in the program for more than five consecutive school years if the Secretary determines that, in the interest of the dependent's educational well-being, there is good cause to extend the enrollment for more than the five-year period described in such subparagraph. Any such extension may be made for only one school year at a time."

Subsec. (c)(2)(D). Pub. L. 105–261, §371(c)(2), added subpar. (D).

1996—Subsec. (d)(7). Pub. L. 104–201 added par. (7).

Subsec. (e)(4). Pub. L. 104–106 added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Pub. L. 113–66, div. A, title V, §553(b), Dec. 26, 2013, 127 Stat. 764, provided that: "The amendment made by subsection (a) [amending this section] shall apply only with respect to tuition payments received under section 2164(l) of title 10, United States Code, for enrollments authorized by such section, after the date of the enactment of this Act [Dec. 26, 2013], in the virtual elementary and secondary education program of the Department of Defense education program."

Effective Date of 1998 Amendment

Pub. L. 105–261, div. A, title III, §371(c)(3), Oct. 17, 1998, 112 Stat. 1989, provided that: "The amendments made by this subsection [amending this section] shall apply with respect to academic years beginning on or after the date of the enactment of this Act [Oct. 17, 1998]."

Regulations on the Use of Portable Electronic Mobile Devices in Department of Defense Education Activity Schools

Pub. L. 119–60, div. A, title V, §589B, Dec. 18, 2025, 139 Stat. 895, provided that:

"(a) Regulations Required.—Not later than 180 days after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense, acting through the Director of the Department of Defense Education Activity, shall update existing regulations on student use of portable electronic mobile devices in Department of Defense Education Activity (DODEA) schools to prohibit disruption in the learning environment by minimizing the use of such mobile devices to the greatest extent practicable and to standardize such regulations across all DODEA schools.

"(b) Briefing Required.—Not later than 60 days after completion of the updated regulations required under subsection (a), the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on the updated regulations, including—

"(1) relevant evidence taken into consideration on the use of portable electronic mobile devices in and around the classroom on learning outcomes and social dynamics;

"(2) a description of how the regulations have standardized policies across all DODEA schools;

"(3) an assessment of the influence, if any, of public-school policies on mobile devices at school or in the classroom; and

"(4) any other matters the Secretary determines relevant."

Savings Provision

Pub. L. 103–337, div. A, title III, §351(c), Oct. 5, 1994, 108 Stat. 2730, provided that: "Nothing in section 2164 of title 10, United States Code, as added by subsection (a), shall be construed as affecting the rights in existence on the date of the enactment of this Act [Oct. 5, 1994] of an employee of any school established under such section (or any other provision of law enacted before the date of the enactment of this Act that established a similar school) to negotiate or bargain collectively with the Secretary with respect to wages, hours, and other terms and conditions of employment."

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

Management of Special Education in Schools Operated by Department of Defense Education Activity

Pub. L. 119–60, div. A, title V, §589V, Dec. 18, 2025, 139 Stat. 896, provided that:

"(a) Improvements to Staffing.—The Secretary of Defense, acting through the Director of the Department of Defense Education Activity, shall implement the following measures to improve staffing of special education teachers and staff at schools operated by the Activity:

"(1) Require the inclusion, in the staffing model for a school, of service minutes required by the individualized education programs of students attending the school to more effectively determine appropriate staffing for the school. As part of such staffing model, service minutes for students with similar needs may be counted concurrently when educationally appropriate.

"(2) Collect the following data on underutilized special education staff members:

"(A) When such staff members are requested to transfer to a school with greater needs for such staff members.

"(B) How many requests for such transfers the Activity receives.

"(C) Whether such requests are approved or denied, and at what locations.

"(D) Once such a request is received, the likelihood that the transfer occurs.

"(3) Collect data on the turnover of special education teachers and staff, including reasons for departure.

"(4) Review access to and requirements for crisis training, publicize Activity-wide policies with respect to such training for consistency, and expand such training to relevant special education teachers and staff, such as paraeducators, who are not required, as of the date of the enactment of this Act [Dec. 18, 2025], to receive such training.

"(5) Require district and regional administrators to track training requirements for special education teachers and staff to ensure that such teachers and staff are meeting such requirements.

"(b) Clarification of Guidance.—The Secretary of Defense, acting through the Director of the Department of Defense Education Activity, shall implement the following measures to improve and clarify guidance relating to special education provided by schools operated by the Activity:

"(1) Review the list of types of disabilities recognized by the Activity as of the date of the enactment of this Act [Dec. 18, 2025] and determine if that list meets the most recent best practices for special education.

"(2) Standardize and implement instructions for providing special education materials to students across schools operated by the Activity.

"(3) Develop and implement a plan for standardizing special education training across the Activity.

"(4) Standardize reading intervention guidance and requirements across schools operated by the Activity, including by requiring each school and district operated by the Activity to have the same resources and instructions, and provide clear guidance on how to access additional support materials if required.

"(c) Implementation Deadline.—The Secretary of Defense shall complete implementation of the measures described in subsections (a) and (b) by not later than two years after the date of the enactment of this Act [Dec. 18, 2025].

"(d) Briefings Required.—

"(1) Initial briefing.—Not later than April 1, 2026, the Director of the Department of Defense Education Activity shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the following:

"(A) Coordination by the Department of Defense Education Activity with the Educational and Developmental Intervention Services programs of the military departments to determine what medical services the military departments are required to provide based on the needs of students attending schools operated by the Activity.

"(B) A description of the process in effect as of the date of the briefing, if any, to resolve a dispute with respect to required services under a student's individualized education program.

"(C) A description of issues pending, and resolutions of previous issues, under that process.

"(D) An assessment of how support instructional specialists can better assist teachers with developing curriculum for special education students.

"(E) A description of how the Activity provides services in the case of civilian or military dependents with severe medical or special education requirements that a school cannot meet, including any data on how many such cases arise on an annual basis and in what locations.

"(F) A description of the process in effect as of the date of the briefing for reassigning a family from a school located outside the United States if the education needs of a child in the family cannot be met at that school and data, for the 5 school years preceding the briefing, on where such reassignments have been done and the frequency of such reassignments.

"(G) An assessment of the pay scale for special education teachers and staff in effect as of the date of the briefing, an identification of the last time the pay scale was updated, a description of how the pay scale is determined, and a statement of how often the pay scale is updated.

"(H) Data on school and district-level requests for additional reading intervention curriculum, including the locations of such requests and whether such requests were approved or denied.

"(2) Semi-annual briefings.—The Director of the Department of Defense Education Activity shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the progress made in implementing the measures described in subsections (a) and (b)—

"(A) not later than 180 days after the date of the enactment of this Act [Dec. 18, 2025]; and

"(B) every 180 days thereafter until the Director certifies to the Committees that each such measure has been implemented."

Training Requirements Teachers in 21st Century Schools of the Department of Defense Education Activity

Pub. L. 118–159, div. A, title V, §599, Dec. 23, 2024, 138 Stat. 1922, provided that:

"(a) In General.—The Secretary of Defense, acting through the Director of the Department of Defense Education Activity, shall require each teacher in a 21st century school to undergo training in accordance with this section.

"(b) Content.—The training required under subsection (a) shall consist of specialized instruction to provide teachers with the skills necessary to effectively teach in a 21st century school environment, including instruction in—

"(1) understanding and using the physical space of a 21st century school classroom;

"(2) building the relationships necessary to succeed, including relationships with students and other teachers;

"(3) the curriculum and level of academic rigor necessary to increase student learning;

"(4) other skills necessary to support the academic achievement and social and emotional well being of students; and

"(5) such other topics as the Secretary and the Director determine appropriate.

"(c) Frequency.—The training required under subsection (a) shall be provided as follows:

"(1) In the case of a teacher who has been assigned to a 21st century school, but has not commenced teaching in such school, the training shall be provided before the teacher commences teaching in such school.

"(2) In the case of a teacher who previously taught in a 21st century school, but subsequently taught in a school that is not a 21st century school for one or more school years, such training shall be provided before the teacher resumes teaching in a 21st Century School.

"(3) In the case of a teacher who is teaching in a 21st century school as of the date of the enactment of this Act [Dec. 23, 2024], such training shall be provided not later than 180 days after such date of enactment.

"(4) In the case of a teacher who teaches in a 21st century school on an ongoing basis, and who previously received training under this subsection, such training shall be provided not less frequently than once every three years.

"(d) 21st Century School Defined.—In this section, the term '21st century school' means a school facility operated by the Department of Defense Education Activity that has been constructed or modernized pursuant to the 21st Century Schools Program of the Activity."

Overseas Transfer Program for Educators in Schools Operated by the Department of Defense Education Activity

Pub. L. 118–159, div. A, title V, §599A, Dec. 23, 2024, 138 Stat. 1923, provided that:

"(a) In General.—Not later than December 31, 2025, the Secretary of Defense, in coordination with the Director of the Department of Defense Education Activity, shall develop and implement a policy pursuant to which a teacher at an overseas DODEA school may transfer to a position at another overseas DODEA school, subject to such terms, conditions, and other requirements as the Secretary determines appropriate.

"(b) Overseas DODEA School Defined.—In this section, the term 'overseas DODEA school' means a school that is—

"(1) operated by the Department of Defense Education Activity; and

"(2) located outside the United States."

Pilot Program To Expand Eligibility for Enrollment at Domestic Dependent Elementary and Secondary Schools

Pub. L. 116–283, div. A, title V, §589C, Jan. 1, 2021, 134 Stat. 3659, as amended by Pub. L. 117–263, div. A, title V, §572(a), Dec. 23, 2022, 136 Stat. 2601, which established a pilot program to expand eligibility for enrollment at domestic dependent elementary and secondary schools, was repealed by Pub. L. 118–159, div. A, title V, §595(b), Dec. 23, 2024, 138 Stat. 1920. See section 2164b of this title.

Pilot Program on Expanded Eligibility for Department of Defense Education Activity Virtual High School Program

Pub. L. 116–283, div. A, title V, §589D, Jan. 1, 2021, 134 Stat. 3660, provided that:

"(a) Pilot Program Required.—

"(1) In general.—The Secretary of Defense shall carry out a pilot program on permitting dependents of members of the Armed Forces on active duty to enroll in the Department of Defense Education Activity Virtual High School program (in this section referred to as the 'DVHS program').

"(2) Purposes.—The purposes of the pilot program shall be as follows:

"(A) To evaluate the feasibility and scalability of the DVHS program.

"(B) To assess the impact of expanded enrollment in the DVHS program under the pilot program on military and family readiness.

"(3) Duration.—The duration of the pilot program shall be four academic years.

"(b) Participants.—

"(1) In general.—Participants in the pilot program shall be selected by the Secretary from among dependents of members of the Armed Forces on active duty who—

"(A) are in a grade 9 through 12;

"(B) are currently ineligible to enroll in the DVHS program; and

"(C) either—

"(i) require supplementary courses to meet graduation requirements in the current State of residence; or

"(ii) otherwise demonstrate to the Secretary a clear need to participate in the DVHS program.

"(2) Preference in selection.—In selecting participants in the pilot program, the Secretary shall afford a preference to the following:

"(A) Dependents who reside in a rural area.

"(B) Dependents who are home-schooled students.

"(3) Limitations.—The total number of course enrollments per academic year authorized under the pilot program may not exceed 400 course enrollments. No single dependent participating in the pilot program may take more than two courses per academic year under the pilot program.

"(c) Reports.—

"(1) Interim report.—Not later than two years after the date of the enactment of this Act [Jan. 1, 2021], the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report on the pilot program.

"(2) Final report.—Not later than 180 days after the completion of the pilot program, the Secretary shall submit to the committees of Congress referred to in paragraph (1) a final report on the pilot programs.

"(3) Elements.—Each report under this subsection shall include the following:

"(A) A description of the demographics of the dependents participating in the pilot program through the date of such report.

"(B) Data on, and an assessment of, student performance in virtual coursework by dependents participating in the pilot program over the duration of the pilot program.

"(C) Such recommendation as the Secretary considers appropriate on whether to make the pilot program permanent.

"(d) Definitions.—In this section:

"(1) The term 'rural area' has the meaning given the term in section 520 of the Housing Act of 1949 (42 U.S.C. 1490).

"(2) The term 'home-schooled student' means a student in a grade equivalent to grade 9 through 12 who receives educational instruction at home or by other non-traditional means outside of a public or private school system, either all or most of the time."

Pilot Program on Enhanced Civics Education

Pub. L. 116–92, div. A, title II, §234, Dec. 20, 2019, 133 Stat. 1278, as amended by Pub. L. 116–283, div. A, title X, §1081(c)(1), Jan. 1, 2021, 134 Stat. 3873, provided that:

"(a) In General.—The Secretary of Defense, in consultation with the Secretary of Education, shall carry out a pilot program under which the Secretary provides enhanced educational support and funding to eligible entities to improve civics education programs taught by such entities.

"(b) Purpose.—The purpose of the pilot program is to provide enhanced civics education on the following topics:

"(1) Critical thinking and media literacy.

"(2) Voting and other forms of political and civic engagement.

"(3) Interest in employment, and careers, in public service.

"(4) Understanding of United States law, history, and Government.

"(5) The ability of participants to collaborate and compromise with others to solve problems.

"(c) Considerations.—In carrying out the pilot program, the Secretary of Defense shall consider innovative approaches for improving civics education.

"(d) Metrics and Evaluations.—The Secretary of Defense shall establish metrics and undertake evaluations to determine the effectiveness of the pilot program, including each of the activities carried out under subsection (e).

"(e) Types of Support Authorized.—Under the pilot program the Secretary of Defense—

"(1) shall provide support to eligible entities to address, at a minimum—

"(A) the development or modification of curricula relating to civics education;

"(B) classroom activities, thesis projects, individual or team projects, internships, or community service activities relating to civics;

"(C) collaboration with government entities, nonprofit organizations, or consortia of such entities and organizations to provide participants with civics-related experiences;

"(D) civics-related faculty development programs;

"(E) recruitment of educators who are highly qualified in civics education to teach civics or to assist with the development of curricula for civics education;

"(F) presentation of seminars, workshops, and training for the development of skills associated with civic engagement;

"(G) activities that enable participants to interact with government officials and entities;

"(H) expansion of civics education programs and outreach for members of the Armed Forces, dependents and children of such members, and employees of the Department of Defense; and

"(I) opportunities for participants to obtain work experience in fields relating to civics; and

"(2) may provide any other form of support the Secretary determines to be appropriate to enhance the civics education taught by eligible entities.

"(f) Report.—Not later than 180 days after the conclusion of the first full academic year during which the pilot program is carried out, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that includes—

"(1) a description of the pilot program, including a description of the specific activities carried out under subsection (e); and

"(2) the metrics and evaluations used to assess the effectiveness of the program as required under subsection (d).

"(g) Definitions.—In this section:

"(1) The term 'civics education program' means an educational program that provides participants with—

"(A) knowledge of law, government, and the rights of citizens; and

"(B) skills that enable participants to responsibly participate in democracy.

"(2) The term 'eligible entity' means any of following:

"(A) A local education agency that hosts a unit of the Junior Reserve Officers' Training Corps.

"(B) A school operated by the Department of Defense Education Activity."

[Pub. L. 116–283, div. A, title X, §1081(c), Jan. 1, 2021, 134 Stat. 3873, provided that the amendment made by section 1081(c)(1) of Pub. L. 116–283 to section 234 of Pub. L. 116–92, set out above, is effective as of Dec. 20, 2020 (probably should be Dec. 20, 2019) and as if included in Pub. L. 116–92.]

Support for World Language Advancement and Readiness

Pub. L. 116–92, div. A, title XVII, §1751, Dec. 20, 2019, 133 Stat. 1849, provided that:

"(a) Program authority.—

"(1) In general.—The Secretary of Defense, in consultation with the Director of National Intelligence and the Secretary of Education, may carry out a program under which the Secretary may provide support to eligible entities for the establishment, improvement, or expansion of world language study for elementary school and secondary school students.

"(2) Special requirements for local educational agencies.—In providing support under paragraph (1) to an eligible entity that is a local educational agency, the Secretary of Defense shall support programs that—

"(A) show the promise of being continued after such support is no longer available;

"(B) demonstrate approaches that can be disseminated to and duplicated in other local educational agencies; and

"(C) may include a professional development component.

"(3) Applications.—

"(A) In general.—To be considered for support under paragraph (1), an eligible entity shall submit an application to the Secretary of Defense at such time, in such manner, and containing such information and assurances as the Secretary may require.

"(B) Special consideration.—The Secretary of Defense shall give special consideration to applications describing programs that—

"(i) include intensive summer world language programs for professional development of world language teachers;

"(ii) link nonnative English speakers in the community with the schools in order to promote two-way language learning;

"(iii) promote the sequential study of a world language for students, beginning in elementary schools;

"(iv) make effective use of technology, such as computer-assisted instruction, language laboratories, or distance learning, to promote world language study;

"(v) promote innovative activities, such as dual language immersion, partial world language immersion, or content-based instruction; and

"(vi) are carried out through a consortium comprised of the eligible entity receiving the grant, an elementary school or secondary school, and an institution of higher education (as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).

"(b) Definitions.—In this section:

"(1) Eligible entity.—The term 'eligible entity' means the following:

"(A) A local educational agency that hosts a unit of the Junior Reserve Officers' Training Corps.

"(B) A school operated by the Department of Defense Education Activity.

"(2) Esea terms.—The terms 'elementary school', 'local educational agency' and 'secondary school' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

"(3) World language.—The term 'world language' means—

"(A) any natural language other than English, including—

"(i) languages determined by the Secretary of Defense to be critical to the national security interests of the United States;

"(ii) classical languages;

"(iii) American sign language; and

"(iv) Native American languages; and

"(B) any language described in subparagraph (A) that is taught in combination with English as part of a dual language or immersion learning program."

§2164a. Rights of parents of children attending schools operated by the Department of Defense Education Activity

(a) In General.—The parent of a child who attends a school operated by the Department of Defense Education Activity has the following rights:

(1) The right to review the curriculum of the school.

(2) The right to be informed if the school or the Department of Defense Education Activity alters the school's academic standards or learning benchmarks.

(3) The right to meet with each teacher of their child not less than twice during each school year.

(4) The right to review all instructional materials used by their students.

(5) The right to inspect a list of the books and other reading materials contained in the library of the school.

(6) The right to address the school advisory committee or the school board.

(7) The right to data about the school's discipline policy and any disciplinary action that results in a suspension or expulsion from the school, unless such disclosure is prohibited by law.

(8) The right to information about any plans to eliminate gifted and talented programs or accelerated coursework at the school.

(b) Disclosures and Notifications.—Consistent with the parental rights specified in subsection (a) and except as provided by subsection (c), a school operated by the Department of Defense Education Activity shall—

(1) post on a publicly accessible website of the school—

(A) the curriculum for each course and grade level;

(B) the academic standards or other learning benchmarks used by the school; and

(C) notice of any proposed revisions to such standards or benchmarks and a copy of any such revisions;

(2) provide the parent of a child attending the school with—

(A) the opportunity to meet in person with each teacher of their child not less frequently than twice during each school year at a time mutually agreed upon by both parties; and

(B) notice of such opportunity at the beginning of each school year;

(3) provide parents access to the online school library catalog;

(4) notify parents in a timely manner of any plans to eliminate gifted and talented programs or accelerated coursework at the school;

(5) except as provided by paragraph (6) or subsection (c), notify parents of any medical examinations or screenings the school may administer to their child and receive written consent from parents for any such examination or screening prior to conducting the examination or screening;

(6) in the event of an emergency that requires a medical examination or screening without time for parental notification, promptly notify parents of such examination or screening and provide an explanation of the emergency that prevented notification prior to such examination or screening; and

(7) notify parents of any medical information that will be collected on their child, receive written parental consent prior to collecting such information, and provide parents an opportunity to inspect such information at the parent's request.

(c) Exceptions.—(1) Paragraph (5) of subsection (a) and paragraph (3) of subsection (b) shall not be effective until the day that is two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024.

(2) A requirement set forth in subsection (b) shall not apply in a case in which the requirement would violate any applicable provision of a Federal or State statute or regulation.

(d) School Advisory Committees and Boards.—Not less frequently than four times per year, a school advisory committee or school board for a school operated by the Department of Defense Education Activity shall provide parents of children attending the school with the opportunity to address the advisory committee or school board on any matters relating to the school or the educational services provided to their children.

(e) Definitions.—In this section:

(1) The term "medical examination or screening"—

(A) means a physical examination provided by a health care provider; and

(B) does not include an evaluation by, or an encounter with, non-clinical school staff.

(2) The term "school" means—

(A) a Department of Defense domestic dependent elementary or secondary school, as described in section 2164 of this title; or

(B) any elementary or secondary school or program for dependents operated by the Department of Defense Education Activity.

(Added Pub. L. 118–31, div. A, title V, §589(a), Dec. 22, 2023, 137 Stat. 284.)

Editorial Notes

References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 118–31, which was approved Dec. 22, 2023.

Statutory Notes and Related Subsidiaries

Parental Right to Notice of Student Nonproficiency in Reading or Language Arts

Pub. L. 118–159, div. A, title V, §599B, Dec. 23, 2024, 138 Stat. 1923, provided that: "The Secretary of Defense shall ensure that each elementary school operated by the Department of Defense Education Activity notifies the parents of any student enrolled in such school when the student does not score as grade-level proficient in reading or language arts at the end of the third grade based on the reading or language arts assessments administered under section 1111(b)(2)(B)(v)(I)(aa) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(v)(I)(aa)) or another assessment administered to all third grade students by such school."

§2164b. Eligibility of certain dependents for enrollment in domestic dependent elementary and secondary schools

(a) Program Authorized.—Beginning not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2025, the Secretary of Defense shall carry out a program under which a dependent of a full-time, active-duty member of the armed forces may enroll in a covered DODEA school at the military installation to which the member is assigned, on a space-available basis as described in subsection (b), without regard to whether the member resides on the installation as described in section 2164(a)(1) of this title.

(b) Enrollment on Space-available Basis.—A student participating in the program under subsection (a) may be enrolled in a covered DODEA school only if the school has the capacity to accept the student, as determined by the Director of the Department of Defense Education Activity.

(c) Locations.—The Secretary shall select military installations for participation in the program under subsection (a) based on—

(1) the readiness needs of the Secretary of the military department concerned; and

(2) the capacity of the covered DODEA schools located at the installation to accept additional students, as determined by the Director.

(d) Briefings Required.—

(1) In general.—Not later than April 1, 2025, and annually thereafter for four years, the Secretary shall brief the Committees on Armed Services of the Senate and House of Representatives on the program under subsection (a).

(2) Elements.—Each briefing required by paragraph (1) shall include the following:

(A) An identification of the military installations participating in the program under subsection (a).

(B) The number of students enrolled in covered DODEA schools under the program.

(e) Notifications of Participating Installations.—Not later than 90 days before officially announcing the participation of a new military installation in the program under subsection (a), the Secretary shall notify the Committees on Armed Services of the Senate and the House of Representatives with respect to the participation of the installation.

(f) Covered DODEA School Defined.—In this section, the term "covered DODEA school" means a domestic dependent elementary or secondary school operated by the Department of Defense Education Activity that—

(1) was established on or before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2025; and

(2) is located in the continental United States.

(Added Pub. L. 118–159, div. A, title V, §595(a), Dec. 23, 2024, 138 Stat. 1919.)

Editorial Notes

References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2025, referred to in subsecs. (a) and (f)(1), is the date of enactment of Pub. L. 118–159, which was approved Dec. 23, 2024.

Prior Provisions

Provisions similar to those in this section were contained in Pub. L. 116–283, div. A, title V, §589C, Jan. 1, 2021, 134 Stat. 3659, as amended by Pub. L. 117–263, div. A, title V, §572(a), Dec. 23, 2022, 136 Stat. 2601, which was set out in a note under section 2164 of this title, prior to repeal by Pub. L. 118–159, div. A, title V, §595(b), Dec. 23, 2024, 138 Stat. 1920.

§2164c. Authorization of dual or concurrent enrollment programs for students of Defense Dependent Schools

(a) In General.—The Secretary of Defense, acting through the Director of the Department of Defense Education Activity, may—

(1) enter into arrangements with institutions of higher education to provide students of Defense Dependent Schools with access to postsecondary course credit through dual or concurrent enrollment programs; and

(2) subject to subsection (b), provide financial assistance to students to cover the costs associated with such programs.

(b) Amount of Assistance.—The amount of financial assistance provided to an individual student under subsection (a)(2) may not exceed $1,500 per school year.

(c) Credit Transferability.—The Secretary of Defense shall, to the greatest extent practicable, ensure that the Department of Defense Education Activity, in facilitating dual or concurrent enrollment programs with institutions of higher education under this section—

(1) establishes articulation or credit transfer agreements that promote the transferability of academic credits earned by participating students; and

(2) prioritizes agreements with institutions that offer broad acceptance of such credits across degree programs.

(d) Institutional Integrity.—In entering into contracts or other agreements with institutions of higher education for purposes of dual or concurrent enrollment programs under this section, the Secretary of Defense shall ensure that such institutions have a program participation agreement in effect under section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094) and are not provisionally or temporarily certified.

(e) Preparation and Informing Families and Educators.—In implementing dual or concurrent enrollment programs under this section, the Secretary of Defense, acting through the Director of the Department of Defense Education Activity, shall do the following:

(1) Course sequence alignment.—Design a sequence of courses for such programs to match the academic content standards and level of rigor of the corresponding postsecondary courses, in consultation and collaboration with—

(A) educators from Defense Dependent Schools serving the military-connected community;

(B) faculty members from institutions of higher education offering dual or concurrent enrollment programs; and

(C) the school advisory committee (or the equivalent advisory body) of each Defense Dependent School.

(2) Outreach and information dissemination.—Establish outreach and awareness efforts targeted toward elementary and secondary school students, particularly those in the middle grades and their families, educators, school counselors, and principals, to provide—

(A) general information regarding the availability and benefits of dual or concurrent enrollment programs;

(B) guidance on eligibility requirements, academic expectations, and necessary preparatory coursework for such programs; and

(C) resources to support informed decisionmaking and successful student participation in such programs.

(f) Teacher Certification.—The Secretary of Defense shall ensure that all dual or concurrent enrollment courses facilitated by the Department of Defense Education Activity are taught by—

(1) a postsecondary faculty member who—

(A) is employed by a two-year or four-year institution of higher education (which may include a community college); and

(B) meets the applicable postsecondary accreditation standards for instructional staff; or

(2) a classroom teacher employed by a local educational agency or by the Department of Defense Education Activity, who—

(A) is qualified to teach in accordance with applicable law; and

(B) has received training or certification to deliver the dual or concurrent enrollment course curriculum in alignment with the standards of the partnering institution of higher education.

(g) Additional Requirements.—In carrying out this section, the Secretary of Defense shall consult with the School Advisory Committees (or the equivalent advisory bodies) and Parent Teacher Associations of participating Defense Dependent Schools.

(h) Annual Briefings.—

(1) In general.—Not later than one year after the date of the enactment of this section, and annually thereafter for four years, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the status of the dual and concurrent enrollment programs authorized under this section.

(2) Elements.—Each briefing under paragraph (1) shall include, with respect to the period covered by the briefing—

(A) the number of students who participated in dual or concurrent enrollment programs authorized under this section;

(B) the total cost to the Department of Defense of providing such programs; and

(C) an explanation of—

(i) whether and to what extent such programs consisted of online classes or in-person instruction; and

(ii) the subjects taught in postsecondary classes taken by students participating in such programs.

(3) Disaggregation.—The information required under paragraph (2) shall be set forth separately for each region served by the Department of Defense Education Activity.

(i) Definitions.—In this section:

(1) The term "appropriate congressional committees" means—

(A) the Committee on Armed Services of the Senate; and

(B) the Committee on Armed Services and the Committee on Education and Workforce of the House of Representatives.

(2) The term "Defense Dependent School" means—

(A) a school operated under the Defense Dependents' Education System, as authorized under the Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et seq.); or

(B) a Department of Defense domestic dependent elementary and secondary school, as authorized under section 2164 of this title.

(3) The term "dual or concurrent enrollment program" means a program offered by an arrangement between the Department of Defense Education Activity and an institution of higher education and through which a student enrolled in a Defense Dependent School who has not graduated from high school with a regular high school diploma is able to enroll in one or more postsecondary courses and earn credit that applies—

(A) toward completion of a postsecondary degree or recognized educational credential as described in the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); and

(B) toward completion of high school.

(4) The term "institution of higher education" has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).

(Added Pub. L. 119–60, div. A, title V, §584, Dec. 18, 2025, 139 Stat. 889.)

Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsec. (h)(1), is the date of enactment of Pub. L. 119–60, which was approved Dec. 18, 2025.

The Defense Dependents' Education Act of 1978, referred to in subsec. (i)(2)(A), is title XIV of Pub. L. 95–561, 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.

The Higher Education Act of 1965, referred to in subsec. (i)(3)(A), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§1001 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.

§2164d. Limitation on school closures and certain other actions with respect to schools operated by the Department of Defense Education Activity

(a) Limitation.—The Secretary of Defense may not take any action described in subsection (b) with respect to a school operated by the Department of Defense Education Activity unless—

(1) the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives—

(A) written notice of the intent of the Secretary to take such action with respect to such school;

(B) the report required under subsection (c); and

(C) a written assurance that the Director of the Department of Defense Education Activity has met, engaged with, and solicited feedback from students, parents, teachers, administrators, military installation leadership, and the local community concerning the proposed action; and

(2) a period of one year has elapsed following the date on which the requirements under paragraph (1) have been met.

(b) Actions Described.—The actions described in this subsection are the following:

(1) Closing or terminating the operations of a school.

(2) Preparing to close or terminate the operations of a school.

(3) Reducing by 20 percent or more the number of spaces available for enrollment in a school.

(4) Significantly reducing the services provided by a school, including—

(A) curriculum offerings;

(B) special education services; and

(C) extracurricular activities.

(5) Transferring or conveying a school to a local educational agency or any other entity outside the Department of Defense.

(c) Report.—Before taking any action described in subsection (b), the Secretary of Defense shall prepare a report containing a justification and analysis of such action. Such justification and analysis shall include an explanation of—

(1) the monetary costs to the Department of Defense of the action; and

(2) the effects of the action on—

(A) students;

(B) curriculum;

(C) gifted education programs;

(D) special education programs, including individualized education programs (as defined in section 614(d)(1)(A) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)));

(E) educational and other accommodations provided under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);

(F) the Exceptional Family Member Program; and

(G) local educational agencies in the area of the affected school.

(d) Local Educational Agency Defined.—In this section, the term "local educational agency" has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(Added Pub. L. 119–60, div. A, title V, §585(a), Dec. 18, 2025, 139 Stat. 891.)

§2165. National Defense University: component institutions

(a) In General.—There is a National Defense University in the Department of Defense.

(b) Component Institutions.—The National Defense University consists of the following institutions:

(1) The National War College.

(2) The Dwight D. Eisenhower School for National Security and Resource Strategy.

(3) The Joint Forces Staff College.

(4) The Institute for National Strategic Studies (including a Center for Strategic Deterrence and Weapons of Mass Destruction Studies).

(5) The College of Information and Cyberspace.

(6) The College of International Security Affairs.

(7) Any other educational institution of the Department of Defense that the Secretary considers appropriate and designates as an institution of the university.

[(c) Repealed. Pub. L. 109–364, div. A, title IX, §904(b)(2)(B), Oct. 17, 2006, 120 Stat. 2353.]

(d) Source of Funds for Professional Development Education Operations.—Funding for the professional development education operations of the National Defense University shall be provided from funds made available to the Secretary of Defense from the annual appropriation "Operation and Maintenance, Defense-wide".

(e) Acceptance of Faculty Research Grants.—(1) The Secretary of Defense may authorize the President of the National Defense University to accept qualifying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of one of the institutions comprising the University for a scientific, literary, or educational purpose.

(2) A qualifying research grant under this subsection is a grant that is awarded on a competitive basis by an entity referred to in paragraph (3) for a research project with a scientific, literary, or educational purpose.

(3) A grant may be accepted under this subsection only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes.

(4) The Secretary shall establish an account for administering funds received as research grants under this subsection. The President of the University shall use the funds in the account in accordance with applicable provisions of the regulations and the terms and condition of the grants received.

(5) Subject to such limitations as may be provided in appropriations Acts, appropriations available for the National Defense University may be used to pay expenses incurred by the University in applying for, and otherwise pursuing, the award of qualifying research grants.

(6) The Secretary shall prescribe regulations for the administration of this subsection.

(f) Cooperative Research and Development Agreements.—(1) In engaging in research and development projects pursuant to subsection (a) of section 4001 of this title by a contract, cooperative agreement, or grant pursuant to subsection (b)(1) of such section, the Secretary may enter into such contract or cooperative agreement or award such grant through the National Defense University.

(2) The National Defense University shall be considered a Government-operated Federal laboratory for purposes of section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).

(Added and amended Pub. L. 105–85, div. A, title IX, §§921(a)(1), 922(a), Nov. 18, 1997, 111 Stat. 1862, 1863; Pub. L. 105–261, div. A, title IX, §§904, 905(a), Oct. 17, 1998, 112 Stat. 2093; Pub. L. 106–398, §1 [[div. A], title IX, §913(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-230; Pub. L. 107–107, div. A, title V, §527(c)(1), Dec. 28, 2001, 115 Stat. 1102; Pub. L. 109–163, div. A, title V, §522(a), Jan. 6, 2006, 119 Stat. 3240; Pub. L. 109–364, div. A, title IX, §904(b)(2), Oct. 17, 2006, 120 Stat. 2353; Pub. L. 112–81, div. B, title XXVIII, §2861(b), Dec. 31, 2011, 125 Stat. 1701; Pub. L. 114–328, div. A, title II, §214(a), title XVI, §1648(a), Dec. 23, 2016, 130 Stat. 2048, 2606; Pub. L. 116–283, div. A, title XVIII, §1841(e)(1), Jan. 1, 2021, 134 Stat. 4244; Pub. L. 118–31, div. A, title IX, §912, Dec. 22, 2023, 137 Stat. 365; Pub. L. 119–60, div. A, title V, §554(a), Dec. 18, 2025, 139 Stat. 877.)

Editorial Notes

Amendments

2025—Subsec. (b)(4). Pub. L. 119–60 inserted "(including a Center for Strategic Deterrence and Weapons of Mass Destruction Studies)" after "The Institute for National Strategic Studies".

2023—Subsec. (b)(6), (7). Pub. L. 118–31 added par. (6) and redesignated former par. (6) as (7).

2021—Subsec. (f)(1). Pub. L. 116–283 substituted "section 4001" for "section 2358".

2016—Subsec. (b)(5). Pub. L. 114–328, §1648(a), substituted "College of Information and Cyberspace" for "Information Resources Management College".

Subsec. (f). Pub. L. 114–328, §214(a), added subsec. (f).

2011—Subsec. (b)(2). Pub. L. 112–81 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "The Industrial College of the Armed Forces."

2006—Subsec. (b)(6), (7). Pub. L. 109–364, §904(b)(2)(A), redesignated par. (7) as (6) and struck out former par. (6) which read as follows: "The Center for Hemispheric Defense Studies."

Subsec. (c). Pub. L. 109–364, §904(b)(2)(B), struck out heading and text of subsec. (c). Text read as follows: "Funds available for the payment of personnel expenses under the Latin American cooperation authority set forth in section 1050 of this title are also available for the costs of the operation of the Center for Hemispheric Defense Studies."

Subsec. (e). Pub. L. 109–163 added subsec. (e).

2001—Subsec. (d). Pub. L. 107–107 added subsec. (d).

2000—Subsec. (b)(3). Pub. L. 106–398 substituted "Joint Forces Staff College" for "Armed Forces Staff College".

1998—Subsec. (b)(7). Pub. L. 105–261, §904, added par. (7).

Subsec. (c). Pub. L. 105–261, §905(a), added subsec. (c).

1997—Subsec. (b)(6). Pub. L. 105–85, §922(a), added par. (6).

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 114–328, div. A, title XVI, §1648(b), Dec. 23, 2016, 130 Stat. 2606, provided that: "Any reference in any law, regulation, document, record, or other paper of the United States to the Information Resources Management College shall be considered to be a reference to the College of Information and Cyberspace."

Pub. L. 112–81, div. B, title XXVIII, §2861, Dec. 31, 2011, 125 Stat. 1701, provided that:

"(a) Redesignation.—The Industrial College of the Armed Forces is hereby renamed the 'Dwight D. Eisenhower School for National Security and Resource Strategy'.

"(b) Conforming Amendment.—[Amended section 2165(b)(2) of this title.]

"(c) References.—Any reference to the Industrial College of the Armed Forces in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Dwight D. Eisenhower School for National Security and Resource Strategy."

Pub. L. 106–398, §1 [[div. A], title IX, §913(a), (c)], Oct. 30, 2000, 114 Stat. 1654, 1654A-230, provided that:

"(a) Change in Name.—The Armed Forces Staff College of the Department of Defense is hereby renamed the 'Joint Forces Staff College'.

"(c) References.—Any reference to the Armed Forces Staff College in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Joint Forces Staff College."

Effective Date of 2021 Amendment

Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date of 2001 Amendment

Pub. L. 107–107, div. A, title V, §527(c)(2), Dec. 28, 2001, 115 Stat. 1102, provided that: "Subsection (d) of section 2165 of title 10, United States Code, as added by paragraph (1), shall become effective beginning with fiscal year 2003."

Mission of the Center for Strategic Deterrence and Weapons of Mass Destruction Studies

Pub. L. 119–60, div. A, title V, §554(b), Dec. 18, 2025, 139 Stat. 877, provided that: "The mission of the Center for Strategic Deterrence and Weapons of Mass Destruction Studies established under such paragraph [probably should be "subsection (a)"] shall be to—

"(1) prepare national security leaders to address the challenges of strategic deterrence and weapons of mass destruction through education, research, and outreach activities throughout the Federal Government;

"(2) develop leaders with an understanding of strategic deterrence and the implications of weapons of mass destruction;

"(3) in accordance with guidance provided by the Chairman of the Joint Chiefs of Staff, develop and provide appropriate curricula, learning outcomes, and educational tools relating to strategic deterrence and weapons of mass destruction for use at institutions that provide joint professional military education;

"(4) serve as the primary institution within the Department of Defense for the study of strategic deterrence and weapons of mass destruction education in joint professional military education;

"(5) design, develop, and implement studies and analyses to enhance understanding of—

"(A) strategic deterrence;

"(B) the threat of weapons of mass destruction to the security of the United States and globally; and

"(C) responses to prevent, mitigate, or eliminate the threat in accordance with Department and national security policies and strategies; and

"(6) provide expert support on strategic deterrence and weapons of mass destruction issues to the Secretary of Defense and other Federal Government leaders."

Center for the Study of Chinese Military Affairs

Pub. L. 106–65, div. A, title IX, §914, Oct. 5, 1999, 113 Stat. 721, provided that:

"(a) Establishment.—The Secretary of Defense shall establish a Center for the Study of Chinese Military Affairs as part of the National Defense University. The Center shall be organized under the Institute for National Strategic Studies of the University.

"(b) Qualifications of Director.—The Director of the Center shall be an individual who is a distinguished scholar of proven academic, management, and leadership credentials with a superior record of achievement and publication regarding Chinese political, strategic, and military affairs.

"(c) Mission.—The mission of the Center is to study and inform policymakers in the Department of Defense, Congress, and throughout the Government regarding the national goals and strategic posture of the People's Republic of China and the ability of that nation to develop, field, and deploy an effective military instrument in support of its national strategic objectives. The Center shall accomplish that mission by a variety of means intended to widely disseminate the research findings of the Center.

"(d) Startup of Center.—The Secretary of Defense shall establish the Center for the Study of Chinese Military Affairs not later than March 1, 2000. The first Director of the Center shall be appointed not later than June 1, 2000. The Center should be fully operational not later than June 1, 2001.

"(e) Implementation Report.—(1) Not later than January 1, 2001, the President of the National Defense University shall submit to the Secretary of Defense a report setting forth the President's organizational plan for the Center for the Study of Chinese Military Affairs, the proposed budget for the Center, and the timetable for initial and full operations of the Center. The President of the National Defense University shall prepare that report in consultation with the Director of the Center and the Director of the Institute for National Strategic Studies of the University.

"(2) The Secretary of Defense shall transmit the report under paragraph (1), together with whatever comments the Secretary considers appropriate, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not later than February 1, 2001."

[§2166. Renumbered §343]

§2167. National Defense University: admission of private sector civilians to professional military education program

(a) Authority for Admission.—The Secretary of Defense may permit eligible private sector employees who work in organizations relevant to national security to receive instruction at the National Defense University in accordance with this section. No more than the equivalent of 35 full-time student positions may be filled at any one time by private sector employees enrolled under this section. Upon successful completion of the course of instruction in which enrolled, any such private sector employee may be awarded an appropriate diploma or degree under section 2165 of this title.

(b) Eligible Private Sector Employees.—For purposes of this section, an eligible private sector employee is an individual employed by a private firm that is engaged in providing to the Department of Defense or other Government departments or agencies significant and substantial defense-related systems, products, or services or whose work product is relevant to national security policy or strategy. A private sector employee admitted for instruction at the National Defense University remains eligible for such instruction only so long as that person remains employed by the same firm.

(c) Annual Certification by Secretary of Defense.—Private sector employees may receive instruction at the National Defense University during any academic year only if, before the start of that academic year, the Secretary of Defense determines, and certifies to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, that providing instruction to private sector employees under this section during that year will further national security interests of the United States.

(d) Program Requirements.—The Secretary of Defense shall ensure that—

(1) the curriculum for the professional military education program in which private sector employees may be enrolled under this section is not readily available through other schools and concentrates on national security relevant issues; and

(2) the course offerings at the National Defense University continue to be determined solely by the needs of the Department of Defense.

(e) Tuition.—The President of the National Defense University shall charge students enrolled under this section a rate—

(1) that is at least the rate charged for employees of the United States outside the Department of Defense, less infrastructure costs, and

(2) that considers the value to the school and course of the private sector student.

(f) Standards of Conduct.—While receiving instruction at the National Defense University, students enrolled under this section, to the extent practicable, are subject to the same regulations governing academic performance, attendance, norms of behavior, and enrollment as apply to Government civilian employees receiving instruction at the university.

(g) Use of Funds.—Amounts received by the National Defense University for instruction of students enrolled under this section shall be retained by the university to defray the costs of such instruction. The source, and the disposition, of such funds shall be specifically identified in records of the university.

(Added Pub. L. 107–107, div. A, title V, §528(a)(1), Dec. 28, 2001, 115 Stat. 1102; amended Pub. L. 111–84, div. A, title V, §526, Oct. 28, 2009, 123 Stat. 2288; Pub. L. 111–383, div. A, title V, §592, Jan. 7, 2011, 124 Stat. 4232.)

Editorial Notes

Amendments

2011—Subsec. (a). Pub. L. 111–383 substituted "35 full-time student positions" for "20 full-time student positions".

2009—Subsec. (a). Pub. L. 111–84 substituted "20" for "10".

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 107–107, div. A, title V, §528(b), Dec. 28, 2001, 115 Stat. 1103, provided that: "Section 2167 of title 10, United States Code, as added by subsection (a), shall take effect on January 1, 2002."

§2167a. Defense Cyber Investigations Training Academy: admission of private sector civilians to receive instruction

(a) Authority for Admission.—The Secretary of Defense may permit eligible private sector employees to receive instruction at the Defense Cyber Investigations Training Academy operating under the direction of the Defense Cyber Crime Center. No more than the equivalent of 200 full-time student positions may be filled at any one time by private sector employees enrolled under this section, on a yearly basis. Upon successful completion of the course of instruction in which enrolled, any such private sector employee may be awarded an appropriate certification or diploma.

(b) Eligible Private Sector Employees.—For purposes of this section, an eligible private sector employee is an individual employed by a private firm that is engaged in providing to the Department of Defense or other Government departments or agencies significant and substantial defense-related systems, products, or services, or whose work product is relevant to national security policy or strategy. A private sector employee remains eligible for such instruction only so long as that person remains employed by an eligible private sector firm.

(c) Program Requirements.—The Secretary of Defense shall ensure that—

(1) the curriculum in which private sector employees may be enrolled under this section is not readily available through other schools; and

(2) the course offerings at the Defense Cyber Investigations Training Academy continue to be determined solely by the needs of the Department of Defense.

(d) Tuition.—The Secretary of Defense shall charge private sector employees enrolled under this section tuition at a rate that is at least equal to the rate charged for employees of the United States. In determining tuition rates, the Secretary shall include overhead costs of the Defense Cyber Investigations Training Academy.

(e) Standards of Conduct.—While receiving instruction at the Defense Cyber Investigations Training Academy, students enrolled under this section, to the extent practicable, are subject to the same regulations governing academic performance, attendance, norms of behavior, and enrollment as apply to Government civilian employees receiving instruction at the Academy.

(f) Use of Funds.—Amounts received by the Defense Cyber Investigations Training Academy for instruction of students enrolled under this section shall be retained by the Academy to defray the costs of such instruction. The source, and the disposition, of such funds shall be specifically identified in records of the Academy.

(Added Pub. L. 111–84, div. A, title IX, §901(a), Oct. 28, 2009, 123 Stat. 2422.)

§2168. Defense Language Institute Foreign Language Center: degree of Associate or Bachelor of Arts in foreign language

(a) Subject to subsection (b), the Commandant of the Defense Language Institute may confer—

(1) an Associate of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree; or

(2) a Bachelor of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree.

(b) A degree may be conferred upon a student under this section only if the Provost of the Center certifies to the Commandant that the student has satisfied all the requirements prescribed for the degree.

(c) The authority provided by subsection (a) shall be exercised under regulations prescribed by the Secretary of Defense.

(Added Pub. L. 107–107, div. A, title V, §531(a), Dec. 28, 2001, 115 Stat. 1104; amended Pub. L. 117–81, div. A, title V, §556(a), Dec. 27, 2021, 135 Stat. 1739.)

Editorial Notes

Amendments

2021—Pub. L. 117–81, §556(a)(1), substituted "Associate or Bachelor" for "Associate" in section catchline.

Subsec. (a). Pub. L. 117–81, §556(a)(2), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "Subject to subsection (b), the Commandant of the Defense Language Institute may confer an Associate of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree."

§2169. School of Nursing: establishment

(a) Establishment Authorized.—The Secretary of Defense may establish a School of Nursing.

(b) Degree Granting Authority.—The School of Nursing may include a program that awards a bachelor of science in nursing.

(c) Phased Development.—The Secretary of Defense may develop the School of Nursing in phases as determined appropriate by the Secretary.

(Added Pub. L. 111–84, div. A, title V, §525(a)(2), Oct. 28, 2009, 123 Stat. 2286.)