---
kind: "section"
citation: "20 U.S.C. § 923a"
title: "20"
title_heading: "Education"
number: "923a"
heading: "Enrollment of certain additional children on tuition-free basis"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/923a"
units:
  - "Chapter 25A — Overseas Defense Dependents’ Education"
---

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

- (a) **Enrollment authorized—** Under regulations to be prescribed by the [Secretary](/usc/20/1221.md?p=c-4) of Defense, the [Secretary](/usc/20/1221.md?p=c-4) may authorize the enrollment in schools of the defense [dependents](/usc/20/932.md?p=1)’ education system on a tuition-free basis of—
  - (1) the children of full-time, locally-hired employees of the [Department](/usc/20/1221.md?p=c-3) of Defense in an [overseas area](/usc/20/932.md?p=3) if such employees are citizens or nationals of the [United States](/usc/20/932.md?p=4); and
  - (2) the children of foreign military members assigned to—
    - (A) the Supreme Headquarters Allied Powers, Europe, but only in a school of the defense [dependents](/usc/20/932.md?p=1)’ education system in Mons, Belgium; or
    - (B) the United Nations Command, but only in a school of the defense [dependents](/usc/20/932.md?p=1)’ education system in South Korea or Japan.
- (b) **Funding—** The [Secretary](/usc/20/1221.md?p=c-4) may use funds available for the defense [dependents](/usc/20/932.md?p=1)’ education system to provide for the education of children enrolled in the defense [dependents](/usc/20/932.md?p=1)’ education system under [subsection (a)](#a).
- (c) **Special rules regarding enrollment of dependents of foreign military members—**
  - (1) In the regulations required by [subsection (a)](#a), the [Secretary](/usc/20/1221.md?p=c-4) shall prescribe a methodology based on the estimated total number of [dependents](/usc/20/932.md?p=1) of [sponsors](/usc/20/932.md?p=2) under [section 932(2) of this title](/usc/20/932.md?p=2) enrolled in schools of the defense [dependents](/usc/20/932.md?p=1)’ education system described in [paragraph (2)](#a-2) of subsection (a) to determine the number of children described in that paragraph who will be authorized to enroll under such subsection. The [Secretary](/usc/20/1221.md?p=c-4) shall prescribe such methodology with the advice and assistance of the commanders of the geographic combatant commands with jurisdiction over the locations described in [paragraph (2)](#a-2) of subsection (a).
  - (2) If the number of children described in [paragraph (2)](#a-2) of subsection (a) who seek enrollment in schools of the defense [dependents](/usc/20/932.md?p=1)’ education system exceeds the number authorized by the [Secretary](/usc/20/1221.md?p=c-4) under [paragraph (1)](#c-1), the [Secretary](/usc/20/1221.md?p=c-4) may enroll the additional children on a space-available, tuition-free basis notwithstanding [section 923(d)(2) of this title](/usc/20/923.md?p=d-2).

## Source credit

(Pub. L. 95–561, title XIV, § 1404A, as added Pub. L. 109–163, div. A, title V, § 571, Jan. 6, 2006, 119 Stat. 3270; amended Pub. L. 109–364, div. A, title V, § 571(a), Oct. 17, 2006, 120 Stat. 2225; Pub. L. 110–181, div. A, title X, § 1063(e)(1), Jan. 28, 2008, 122 Stat. 323; Pub. L. 111–84, div. A, title V, § 535, Oct. 28, 2009, 123 Stat. 2292; Pub. L. 118–159, div. A, title V, § 597, Dec. 23, 2024, 138 Stat. 1921.)

## Notes

### Editorial Notes

### Amendments

2024—Subsec. (a)(2). Pub. L. 118–159, § 597(1), substituted “foreign military members assigned to—” for “a foreign military member assigned to”, designated remainder of existing provisions as subpar. (A), and added subpar. (B).

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

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

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

2009—Subsec. (a)(2). Pub. L. 111–84, § 535(a), struck out “, and only through the 2010–2011 school year” before period at end.

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

2008—Pub. L. 110–181, § 1063(e)(1), made technical correction to directory language of Pub. L. 109–163, § 571, which enacted this section.

2006—Subsec. (a). Pub. L. 109–364, § 571(a)(1), substituted “basis of—” for “basis of”, designated part of existing provisions as par. (1), substituted “; and” for period at end, and added par. (2).

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

### Statutory Notes and Related Subsidiaries

### Effective Date of 2008 Amendment

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