---
kind: "section"
citation: "10 U.S.C. § 2164b"
title: "10"
title_heading: "Armed Forces"
number: "2164b"
heading: "Eligibility of certain dependents for enrollment in domestic dependent elementary and secondary schools"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2164b"
units:
  - "Subtitle A — General Military Law"
  - "Part III — Training and Education"
  - "Chapter 108 — Department of Defense Schools"
---

# §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](/usc/10/4951.md?p=3) of Defense shall carry out a [program](/usc/10/2101.md?p=1) under which a [dependent](/usc/10/1072.md?p=2) of a full-time, active-duty member of the [armed forces](/usc/10/101.md?p=a-4) may enroll in a covered DODEA school at the [military installation](/usc/10/2801.md?p=c-4) to which the member is assigned, on a space-available basis as described in [subsection (b)](#b), without regard to whether the member resides on the installation as described in [section 2164(a)(1) of this title](/usc/10/2164.md?p=a-1).
- (b) **Enrollment on Space-available Basis.—** A student participating in the [program](/usc/10/2101.md?p=1) under [subsection (a)](#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](/usc/10/101.md?p=a-6) of Defense Education Activity.
- (c) **Locations.—** The [Secretary](/usc/10/4951.md?p=3) shall select [military installations](/usc/10/2801.md?p=c-4) for participation in the [program](/usc/10/2101.md?p=1) under [subsection (a)](#a) based on—
  - (1) the readiness needs of the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) 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](/usc/10/4951.md?p=3) shall brief the Committees on Armed Services of the Senate and House of Representatives on the [program](/usc/10/2101.md?p=1) under [subsection (a)](#a).
  - (2) **Elements.—** Each briefing required by [paragraph (1)](#d-1) shall include the following:
    - (A) An identification of the [military installations](/usc/10/2801.md?p=c-4) participating in the [program](/usc/10/2101.md?p=1) under [subsection (a)](#a).
    - (B) The number of students enrolled in covered DODEA schools under the [program](/usc/10/2101.md?p=1).
- (e) **Notifications of Participating Installations.—** Not later than 90 days before officially announcing the participation of a new [military installation](/usc/10/2801.md?p=c-4) in the [program](/usc/10/2101.md?p=1) under [subsection (a)](#a), the [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/1072.md?p=2) elementary or secondary school operated by the [Department](/usc/10/101.md?p=a-6) 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](/usc/10/101.md?p=a-1).

## Source credit

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

## Notes

### 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.