§2164b. Eligibility of certain dependents for enrollment in domestic dependent elementary and secondary schools
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Latest Jul 12, 2026 NOW As originally enacted Dec 23, 202410 U.S.C. § 2164b
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.
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.
Locations.— The Secretary shall select military installations for participation in the program under subsection (a) based on—
the capacity of the covered DODEA schools located at the installation to accept additional students, as determined by the Director.
Briefings Required.—
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).
Elements.— Each briefing required by paragraph (1) shall include the following:
The number of students enrolled in covered DODEA schools under the program.
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.
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—
was established on or before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2025; and
is located in the continental United States.
Notes, amendments, and revision history
(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.