agency of a State or the Federal Government to ex-
ercise control or supervision over any qualified edu-
cational service provider. 
‘‘(3) IMPOSITION
OF
ADDITIONAL
REQUIRE-
MENTS.—No Federal requirements shall apply to a 
qualified educational service provider other than the 
requirements specifically set forth in this section. 
Nothing in this section shall be construed to require 
a qualified educational service provider to alter its 
creed, practices, admissions policy, or curriculum in 
order to be eligible to receive payments from a Mili-
tary Education Savings Account. 
‘‘(4) TREATMENT
OF
ASSISTANCE.—For pur-
poses of any Federal law, assistance provided under 
this section shall be considered assistance to the 
military dependent student or to the parents of a 
student on whose behalf a Military Education Sav-
ings Account is established and shall not be consid-
ered assistance to the qualified educational service 
provider that uses or receives funds from a Military 
Education Savings Account. 
‘‘(r) LEGAL PROCEEDINGS.— 
‘‘(1) BURDEN.—In any legal proceeding in 
which a qualified educational service provider chal-
lenges a requirement imposed by the Department of 
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Education on the provider, the Department shall 
have the burden of establishing that the requirement 
is necessary and does not impose any undue burden 
on the provider. 
‘‘(2) LIMITATION ON LIABILITY.— 
‘‘(A) IN GENERAL.—No liability shall arise 
on the part of an entity described in subpara-
graph (B) solely because such entity awards, 
uses, or receives funds from a Military Edu-
cation Savings Account. 
‘‘(B) ENTITY
DESCRIBED.—The entities 
described in this subparagraph are the fol-
lowing: 
‘‘(i) The Department of Education. 
‘‘(ii) An entity that enters into a con-
tract with the Secretary pursuant to sub-
section (g) or subsection (o). 
‘‘(iii) A qualified educational service 
provider. 
‘‘(3) INTERVENTION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a parent of an eligible mili-
tary dependent student or a parent of a student 
on whose behalf a Military Education Savings 
Account is established may intervene in any 
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legal proceeding in which the constitutionality 
of the program under this section is challenged 
under a State constitution or the Federal con-
stitution. 
‘‘(B) EXCEPTION.—For purposes of judi-
cial administration, a court may— 
‘‘(i) limit the number of parents al-
lowed to intervene in a proceeding under 
subparagraph (A); or 
‘‘(ii) require all parents who have in-
tervened in a proceeding under subpara-
graph (A) to file a joint brief, except that 
no parent shall be required to join any 
brief filed on behalf of a State that is a de-
fendant in the proceeding. 
‘‘(s) ADMINISTRATIVE EXPENSES.—The Secretary 
may use not more than 5 percent of the funds made avail-
able to carry out this section for the direct costs of admin-
istering Military Education Savings Accounts. 
‘‘(t) DEFINITIONS.—In this section: 
‘‘(1) The terms ‘commissioned officer’, ‘enlisted 
member’, and ‘warrant officer’ have the meanings 
given those terms in section 101(b) of title 10, 
United States Code. 
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‘‘(2) The term ‘eligible military dependent child’ 
means a child who— 
‘‘(A) has a parent on active duty in the 
uniformed services (as that term is defined in 
section 101 of title 37, United States Code, ex-
cept that such term does not include an officer 
in the National Guard who has been activated); 
and 
‘‘(B) in the case of a child seeking to es-
tablish a Military Education Savings account 
for the first time, was enrolled in a public ele-
mentary school or a public secondary school for 
not less than 100 consecutive days in the pre-
ceding school year. 
‘‘(3) The term ‘institution of higher education’ 
has the meaning given the term in section 102 of the 
Higher Education Act of 1965 (20 U.S.C. 1002). 
‘‘(4) The term ‘qualified educational service 
provider’ means an entity or person that is licensed 
by a State to provide one or more of the educational 
services for which funds may be expended under 
subsection (e), including— 
‘‘(A) a private school; 
‘‘(B) a non-public online learning program 
or course provider; 
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‘‘(C) a State institution of higher edu-
cation, which may include a community college 
or a technical college; 
‘‘(D) a public school; 
‘‘(E) a private tutor or entity that operates 
a tutoring facility; 
‘‘(F) a provider of educational materials or 
curriculum; 
‘‘(G) a provider of education-related thera-
pies or services; or 
‘‘(H) any other provider of educational 
services licensed by a State to provide such 
services.’’. 
SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 
Section 7014 of the Elementary and Secondary Edu-
cation Act of 1965 is amended by adding at the end the 
following: 
‘‘(f) MILITARY EDUCATION SAVINGS ACCOUNTS.— 
For the purpose of carrying out section 7012A— 
‘‘(1) there are authorized to be appropriated 
$1,200,000,000 for fiscal year 2020; and 
‘‘(2) for each fiscal year beginning after fiscal 
year 2020, the amount authorized to be appro-
priated shall be the amount authorized to be appro-
priated for the previous fiscal year increased by the 
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percentage increase in the Chained Consumer Price 
Index for All Urban Consumers (as published by the 
Bureau of Labor Statistics of the Department of 
Labor) over the period of such previous fiscal year.’’. 
Æ 
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