§2164b — Title 10 Armed Forces | U.S. Code

Summary

Within 180 days after the National Defense Authorization Act for Fiscal Year 2025 became law, the Secretary of Defense must start a program that lets a dependent of a full-time, active-duty service member enroll in a on-base DoDEA elementary or secondary school where the member is assigned. Enrollment is only allowed if there is space, as decided by the Director of the Department of Defense Education Activity. The Secretary will pick which bases join the program based on military readiness needs and whether the base schools have room for more students. By April 1, 2025, and once a year for four years after that, the Secretary must brief the Senate and House Armed Services Committees. Each briefing must list the bases in the program and how many students are enrolled. The Secretary must also notify those committees 90 days before announcing any new base will join. A “covered DoDEA school” means a domestic DoDEA K–12 school that existed on or before the NDAA FY2025 enactment date and is in the continental United States.

Title 10, §2164b

Armed Forces — Source: USLM XML via OLRC

(a)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)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)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)(1)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)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)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)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.

Notes & Related Subsidiaries

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.

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