CHAPTER 88—MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE

        

SUBCHAPTER I—MILITARY FAMILY PROGRAMS

        

Editorial Notes

Amendments

2021—Pub. L. 116–283, div. A, title V, §583(b), Jan. 1, 2021, 134 Stat. 3654, which directed amendment of the table of sections at the beginning of chapter 88 by adding item 1788a and striking out former item 1788a "Family support programs: immediate family members of members of special operations forces", was executed to the analysis of this subchapter, to reflect the probable intent of Congress.

2017—Pub. L. 115–91, div. A, title V, §555(e), Dec. 12, 2017, 131 Stat. 1403, added item 1788a.

2016—Pub. L. 114–328, div. A, title IX, §933(a)(4)(B), (b)(5)(B), Dec. 23, 2016, 130 Stat. 2364, 2365, substituted "Office of Military Family Readiness Policy" for "Office of Family Policy" in item 1781 and "Office of Special Needs" for "Office of Community Support for Military Families With Special Needs" in item 1781c.

2011—Pub. L. 112–74, div. A, title VIII, §8070(b), Dec. 23, 2011, 125 Stat. 823, added item 1790.

2009—Pub. L. 111–84, div. A, title V, §563(a)(2), Oct. 28, 2009, 123 Stat. 2307, added item 1781c.

2008—Pub. L. 110–417, [div. A], title V, §582(b), Oct. 14, 2008, 122 Stat. 4474, added item 1784a.

Pub. L. 110–181, div. A, title V, §581(d), Jan. 28, 2008, 122 Stat. 122, added items 1781a and 1781b.

2003—Pub. L. 108–136, div. A, title V, §582(a)(2), Nov. 24, 2003, 117 Stat. 1490, added item 1789.

2002—Pub. L. 107–314, div. A, title VI, §652(a)(2), Dec. 2, 2002, 116 Stat. 2581, added item 1788.

§1781. Office of Military Family Readiness Policy

(a) Establishment.—There is in the Office of the Secretary of Defense an Office of Military Family Readiness Policy (in this section referred to as the "Office"). The Office shall be headed by the Director of Military Family Readiness Policy, who shall serve within the Office of the Under Secretary of Defense for Personnel and Readiness.

(b) Duties.—The Office—

(1) shall coordinate programs and activities of the military departments to the extent that they relate to military families; and

(2) shall make recommendations to the Secretaries of the military departments with respect to programs and policies regarding military families.

(c) Staff.—The Office shall have not less than five professional staff members.

(d) Non-medical Counseling Services.—(1) In carrying out its duties under subsection (b), the Office may coordinate programs and activities to provide non-medical counseling services to military families through the Department of Defense Military and Family Life Counseling Program.

(2) A mental health care professional described in paragraph (3) may provide non-medical counseling services at any location in a State, the District of Columbia, or a territory or possession of the United States, without regard to where the professional or recipient of such services is located or delivery of such services is provided (including face-to-face and telehealth), if the provision of such services is within the scope of the authorized Federal duties of the professional.

(3) A non-medical mental health professional described in this subsection is a person who is—

(A) a currently licensed mental health care provider who holds a license that is—

(i) issued by a State, the District of Columbia, or a territory or possession of the United States; and

(ii) recognized by the Secretary of Defense as an appropriate license for the provision of non-medical counseling services;

(B) a member of the armed forces, a civilian employee of the Department of Defense, or a contractor designated by the Secretary; and

(C) performing authorized duties for the Department of Defense under a program or activity referred to in paragraph (1).

(4) The authority under this subsection shall terminate three years after the date of the enactment of this subsection.

(5) In this subsection, the term "non-medical counseling services" means mental health care services that are non-clinical, short-term and solution focused, and address topics related to personal growth, development, and positive functioning.

(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 330; amended Pub. L. 111–383, div. A, title IX, §901(h), Jan. 7, 2011, 124 Stat. 4323; Pub. L. 112–239, div. A, title X, §1076(f)(21), Jan. 2, 2013, 126 Stat. 1952; Pub. L. 114–328, div. A, title IX, §933(a)(1), (4)(A), Dec. 23, 2016, 130 Stat. 2364; Pub. L. 118–31, div. A, title V, §581, Dec. 22, 2023, 137 Stat. 279.)

Editorial Notes

References in Text

The date of the enactment of this subsection, referred to in subsec. (d)(4), is the date of enactment of Pub. L. 118–31, which was approved Dec. 22, 2023.

Prior Provisions

Provisions similar to those in this subchapter were contained in Pub. L. 99–145, title VIII, Nov. 8, 1985, 99 Stat. 678, as amended, which was set out as a note under section 113 of this title, prior to repeal by Pub. L. 104–106, §568(e)(1).

Amendments

2023—Subsec. (d). Pub. L. 118–31 added subsec. (d).

2016—Pub. L. 114–328, §933(a)(4)(A), substituted "Office of Military Family Readiness Policy" for "Office of Family Policy" in section catchline.

Subsec. (a). Pub. L. 114–328, §933(a)(1), substituted "Office of Military Family Readiness Policy" for "Office of Family Policy" and "Director of Military Family Readiness Policy" for "Director of Family Policy".

2013—Subsec. (a). Pub. L. 112–239, in first sentence, substituted "in the Office" for "in the Director" and struck out "hereinafter" before "in this section", and in second sentence, substituted "Office" for "office" in two places.

2011—Subsec. (a). Pub. L. 111–383 substituted "the Director" for "the Office" before "of the Secretary" and "The office shall be headed by the Director of Family Policy, who shall serve within the office of the Under Secretary of Defense for Personnel and Readiness." for "The Office shall be under the Assistant Secretary of Defense for Force Management and Personnel."

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Amendment by Pub. L. 111–383 effective Jan. 1, 2011, see section 901(p) of Pub. L. 111–383, set out as a note under section 131 of this title.

Activities To Improve Family Violence Prevention and Response

Pub. L. 117–81, div. A, title V, §549(c), (d), (g), Dec. 27, 2021, 135 Stat. 1715, 1719, 1721, provided that:

"(c) Implementation of Comptroller General Recommendations.—

"(1) In general.—Consistent with the recommendations set forth in the report of the Comptroller General of the United States titled 'Domestic Abuse: Actions Needed to Enhance DOD's Prevention, Response, and Oversight' (GAO–21–289), the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out the activities specified in subparagraphs (A) through (K).

"(A) Domestic abuse data.—Not later than 180 days after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out each of the following:

"(i) Issue guidance to the Secretaries of the military departments to clarify and standardize the process for collecting and reporting data on domestic abuse in the Armed Forces, including—

     "(I) data on the numbers and types of domestic abuse incidents involving members of the Armed Forces; and

     "(II) data for inclusion in the reports required to be submitted under section 574 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2141).

"(ii) Develop a quality control process to ensure the accurate and complete reporting of data on allegations of abuse involving a member of the Armed Forces, including allegations of abuse that do not meet the Department of Defense definition of domestic abuse.

"(iii) Expand the scope of any reporting to Congress that includes data on domestic abuse in the Armed Forces to include data on and analysis of the types of allegations of domestic abuse.

"(B) Domestic violence and command action data.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall—

"(i) evaluate the organizations and elements of the Department of Defense that are responsible for tracking domestic violence incidents and the command actions taken in response to such incidents to determine if there are actions that may be carried out to—

     "(I) eliminate gaps and redundancies in the activities of such organizations;

     "(II) ensure consistency in the approaches of such organizations to the tracking of such incidents and actions; and

     "(III) otherwise improve the tracking of such incidents and actions across the Department;

"(ii) based on the evaluation under clause (i), clarify or adjust—

     "(I) the duties of such organizations and elements; and

     "(II) the manner in which such organizations and elements coordinate their activities; and

"(iii) issue guidance to the Secretaries of the military departments to clarify and standardize the information required to be collected and reported to the database on domestic violence incidents under section 1562 of title 10, United States Code.

"(C) Regulations for violation of civilian orders of protection.—The Secretary of Defense shall revise or issue regulations (as applicable) to ensure that each Secretary of a military department provides, to any member of the Armed Forces under the jurisdiction of such Secretary who is subject to a civilian order of protection, notice that the violation of such order may be punishable under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).

"(D) Agreements with civilian victim service organizations.—

"(i) Guidance required.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance pursuant to which personnel of a Family Advocacy Program at a military installation may enter into memoranda of understanding with qualified civilian victim service organizations for purposes of providing services to victims of domestic abuse in accordance with clause (ii).

"(ii) Contents of agreement.—A memorandum of understanding entered into under clause (i) shall provide that personnel of a Family Advocacy Program at a military installation may refer a victim of domestic abuse to a qualified civilian victim service organization if such personnel determine that—

     "(I) the services offered at the installation are insufficient to meet the victim's needs; or

     "(II) such a referral would otherwise benefit the victim.

"(E) Screening and reporting of initial allegations.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement a standardized process—

"(i) to ensure consistency in the manner in which allegations of domestic abuse are screened and documented at military installations, including by ensuring that allegations of domestic abuse are documented regardless of the severity of the incident; and

"(ii) to ensure consistency in the form and manner in which such allegations are presented to Incident Determination Committees.

"(F) Implementation and oversight of incident determination committees.—

"(i) Implementation.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall ensure that Incident Determination Committees are fully implemented within each Armed Force.

"(ii) Oversight and monitoring.—The Secretary of Defense shall—

     "(I) direct the Under Secretary of Defense for Personnel and Readiness to conduct oversight of the activities of the Incident Determination Committees of the Armed Forces on an ongoing basis; and

     "(II) establish a formal process through which the Under Secretary will monitor Incident Determination Committees to ensure that the activities of such Committees are conducted in an [sic] consistent manner in accordance with the applicable policies of the Department of Defense and the Armed Forces.

"(G) Reasonable suspicion standard for incident reporting.—Not later than 90 days after the date of the enactment of the Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue regulations—

"(i) under which the personnel of a Family Advocacy Program shall be required to report an allegation of domestic abuse to an Incident Determination Committee if there is reasonable suspicion that the abuse occurred; and

"(ii) that fully define and establish standardized criteria for determining whether an allegation of abuse meets the reasonable suspicion standard referred to in clause (i).

"(H) Guidance for victim risk assessment.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance that—

"(i) identifies the risk assessment tools that must be used by Family Advocacy Program personnel to assess reports of domestic abuse; and

"(ii) establishes minimum qualifications for the personnel responsible for using such tools.

"(I) Improving family advocacy program awareness campaigns.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement—

"(i) a communications strategy to support the Armed Forces in increasing awareness of the options and resources available for reporting incidents of domestic abuse; and

"(ii) metrics to evaluate the effectiveness of domestic abuse awareness campaigns within the Department of Defense and the Armed Forces, including by identifying a target audience and defining measurable objectives for such campaigns.

"(J) Assessment of the disposition model for domestic violence.—As part of the independent analysis required by section 549C of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) [134 Stat. 3625] the Secretary of Defense shall include an assessment of—

"(i) the risks and consequences of the disposition model for domestic violence in effect as of the date of the enactment of this Act, including the risks and consequences of such model with respect to—

     "(I) the eligibility of victims for transitional compensation and other benefits; and

     "(II) the eligibility of perpetrators of domestic violence to possess firearms and any related effects on the military service of such individuals; and

"(ii) the feasibility and advisability of establishing alternative disposition models for domestic violence, including an assessment of the advantages and disadvantages of each proposed model.

"(K) Family advocacy program training.—

"(i) Training for commanders and senior enlisted advisors.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall—

     "(I) ensure that the Family Advocacy Program training provided to installation-level commanders and senior enlisted advisors of the Armed Forces meets the applicable requirements of the Department of Defense; and

     "(II) shall provide such additional guidance and sample training materials as may be necessary to improve the consistency of such training.

"(ii) Training for chaplains.—The Secretary of Defense shall—

     "(I) require that chaplains of the Armed Forces receive Family Advocacy Program training;

     "(II) establish content requirements and learning objectives for such training; and

     "(III) provide such additional guidance and sample training materials as may be necessary to effectively implement such training.

"(iii) Training completion data.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a process to ensure the quality and completeness of data indicating whether members of the Armed Forces who are required to complete Family Advocacy Program training, including installation-level commanders and senior enlisted advisors, have completed such training.

"(2) General implementation date.—Except as otherwise provided in paragraph (1), the Secretary of Defense shall complete the implementation of the activities specified in such paragraph by not later than one year after the date of the enactment of this Act.

"(3) Quarterly status briefing.—Not later than 90 days after the date of the enactment of this Act and on a quarterly basis thereafter until the date on which all of the activities specified in paragraph (1) have been implemented, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the status of the implementation of such activities.

"(d) Information on Services for Military Families.—Each Secretary of a military department shall ensure that a military family member who reports an incident of domestic abuse or child abuse and neglect to a Family Advocacy Program under the jurisdiction of such Secretary receives comprehensive information, in a clear and easily understandable format, on the services available to such family member in connection with such incident. Such information shall include a complete guide to the following:

"(1) The Family Advocacy Program of the Armed Force or military department concerned.

"(2) Military law enforcement services, including an explanation of the process that follows a report of an incident of domestic abuse or child abuse or neglect.

"(3) Other applicable victim services.

"(g) Definitions.—In this section:

"(1) The term 'appropriate congressional committees' means the Committees on Armed Services of the Senate and the House of Representatives.

"(2) The term 'civilian order of protection' has the meaning given that term in section 1561a of title 10, United States Code.

"(3) The term 'disposition model for domestic violence' means the process to determine—

"(A) the disposition of charges of an offense of domestic violence under section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice); and

"(B) consequences of such disposition for members of the Armed Forces determined to have committed such offense and the victims of such offense.

"(4) The term 'Incident Determination Committee' means a committee established at a military installation that is responsible for reviewing reported incidents of domestic abuse and determining whether such incidents constitute harm to the victims of such abuse according to the applicable criteria of the Department of Defense.

"(5) The term 'qualified civilian victim service organization' means an organization outside the Department of Defense that—

"(A) is approved by the Secretary of Defense for the purpose of providing legal or other services to victims of domestic abuse; and

"(B) is located in a community surrounding a military installation.

"(6) The term 'risk assessment tool' means a process or technology that may be used to evaluate a report of an incident of domestic abuse to determine the likelihood that the abuse will escalate or recur."

Family Readiness: Definitions; Communication Strategy; Review; Report

Pub. L. 116–283, div. A, title V, §581, Jan. 1, 2021, 134 Stat. 3651, provided that:

"(a) Definitions.—Not later than six months after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense, in coordination with the Secretaries of the military departments, shall act on recommendation one of the report, dated July 2019, of the National Academies of Science, Engineering and Medicine, titled 'Strengthening the Military Family Readiness System for a Changing American Society', by establishing definitions of 'family well-being', 'family readiness', and 'family resilience' for use by the Department of Defense.

"(b) Communication Strategy.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall—

"(1) ensure that the Secretary of Defense has carried out section 561 of the National Defense Authorization Act for Fiscal Year 2010 ([Pub. L. 111–84]; 10 U.S.C. 1781 note);

"(2) implement a strategy to use of a variety of modes of communication to ensure the broadest means of communicating with military families; and

"(3) establish a process to measure the effectiveness of the modes of communication described in paragraph (2).

"(c) Review.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of current programs, policies, services, resources, and practices of the Department for military families as outlined in recommendation four of the report described in subsection (a).

"(d) Report.—Not later than 60 days after completing the review under subsection (c), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing the results of the review and how the Secretary shall improve programs, policies, services, resources, and practices for military families, based on the review."

Time Requirements for Certification of Honorable Service

Pub. L. 116–92, div. A, title V, §526, Dec. 20, 2019, 133 Stat. 1356, provided that: "The Secretary of Defense shall publish regulations for submission and processing of a completed United States Citizenship and Immigration Services Form N–426, by a member of the Armed Forces. Such regulations shall designate the appropriate level for the certifying officer as well as establish time requirements for the form to be returned to the member of the Armed Forces."

Counseling for Members of the Armed Forces Who Are Not Citizens of the United States on Naturalization in the United States

Pub. L. 116–92, div. A, title V, §570D, Dec. 20, 2019, 133 Stat. 1399, provided that:

"(a) In General.—The Secretary concerned shall furnish to covered individuals under the jurisdiction of that Secretary counseling regarding how to apply for naturalization in the United States.

"(b) Definitions.—In this section:

"(1) The term 'covered individual' means a member of the Armed Forces who is not a citizen of the United States.

"(2) The term 'Secretary concerned' has the meaning given that term in section 101(a)(9) of title 10, United States Code."

Pilot Program on Information Sharing Between Department of Defense and Designated Relatives and Friends of Members of the Armed Forces Regarding the Experiences and Challenges of Military Service

Pub. L. 116–92, div. A, title V, §570E, Dec. 20, 2019, 133 Stat. 1400, provided that:

"(a) Pilot Program Required.—

"(1) In general.—Not later than one year after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall seek to enter into an agreement with the American Red Cross to carry out a pilot program under which the American Red Cross—

"(A) encourages a member of the Armed Forces, upon the enlistment or appointment of such member, to designate up to 10 persons to whom information regarding the military service of such member shall be disseminated using contact information obtained under paragraph (6); and

"(B) provides such persons, within 30 days after the date on which such persons are designated under subparagraph (A), the option to elect to receive such information regarding military service.

"(2) Dissemination.—The Secretary shall disseminate information described in paragraph (1)(A) under the pilot program on a regular basis.

"(3) Types of information.—The types of information to be disseminated under the pilot program to persons who elect to receive such information shall include information regarding—

"(A) aspects of daily life and routine experienced by members of the Armed Forces;

"(B) the challenges and stresses of military service, particularly during and after deployment as part of a contingency operation;

"(C) the services available to members of the Armed Forces and the dependents of such members to cope with the experiences and challenges of military service;

"(D) benefits administered by the Department of Defense for members of the Armed Forces and the dependents of such members;

"(E) a toll-free telephone number through which such persons who elect to receive information under the pilot program may request information regarding the program; and

"(F) such other information as the Secretary determines to be appropriate.

"(4) Privacy of information.—In carrying out the pilot program, the Secretary may not disseminate information under paragraph (3) in violation of laws and regulations pertaining to the privacy of members of the Armed Forces, including requirements pursuant to—

"(A) section 552a of title 5, United States Code; and

"(B) the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191) [see Tables for classification].

"(5) Notice and modifications.—In carrying out the pilot program, the Secretary shall, with respect to a member of the Armed Forces—

"(A) ensure that such member is notified of the ability to modify designations made by such member under paragraph (1)(A); and

"(B) upon the request of a member, authorize such member to modify such designations at any time.

"(6) Contact information.—In making a designation under the pilot program, a member of the Armed Forces shall provide necessary contact information, specifically including an email address, to facilitate the dissemination of information regarding the military service of the member.

"(7) Opt-in and opt-out of program.—

"(A) Opt-in by members.—A member may participate in the pilot program only if the member voluntarily elects to participate in the program. A member seeking to make such an election shall make such election in a manner, and by including such information, as the Secretary and the Red Cross shall jointly specify for purposes of the pilot program.

"(B) Opt-in by designated recipients.—A person designated pursuant to paragraph (1)(A) may receive information under the pilot program only if the person makes the election described in paragraph (1)(B).

"(C) Opt-out.—In carrying out the pilot program, the Secretary shall, with respect to a person who has elected to receive information under such pilot program, cease disseminating such information to that person upon request of such person.

"(b) Survey and Report on Pilot Program.—

"(1) Survey.—Not later than two years after the date on which the pilot program commences, the Secretary, in consultation with the American Red Cross, shall administer a survey to persons who elected to receive information under the pilot program for the purpose of receiving feedback regarding the quality of information disseminated under this section, including whether such information appropriately reflects the military career progression of members of the Armed Forces.

"(2) Report.—Not later than three years after the date on which the pilot program commences, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a final report on the pilot program which includes—

"(A) the results of the survey administered under paragraph (1);

"(B) a determination as to whether the pilot program should be made permanent; and

"(C) recommendations as to modifications necessary to improve the program if made permanent.

"(c) Termination of Pilot Program.—The pilot program shall terminate upon submission of the report required by subsection (b)(2)."

Expansion of Period of Availability of Military OneSource Program for Retired and Discharged Members of the Armed Forces and Their Immediate Families

Pub. L. 115–232, div. A, title V, §558, Aug. 13, 2018, 132 Stat. 1775, provided that:

"(a) In General.—Under regulations prescribed by the Secretary of Defense, the period of eligibility for the Military OneSource program of the Department of Defense of an eligible individual retired, discharged, or otherwise released from the Armed Forces, and for the eligible immediate family members of such an individual, shall be the one-year period beginning on the date of the retirement, discharge, or release, as applicable, of such individual.

"(b) Information to Families.—The Secretary shall, in such manner as the Secretary considers appropriate, inform military families and families of veterans of the Armed Forces of the wide range of benefits available through the Military OneSource program."

Policy on Response to Juvenile-on-Juvenile Problematic Sexual Behavior Committed on Military Installations

Pub. L. 115–232, div. A, title X, §1089, Aug. 13, 2018, 132 Stat. 1996, provided that:

"(a) Policy Required.—The Secretary of Defense shall establish a policy, applicable across the military installations of the Department of Defense (including installations outside the United States), on the response of the Department to allegations of juvenile-on-juvenile problematic sexual behavior on military installations. The policy shall be designed to ensure a consistent, standardized response to such allegations across the Department.

"(b) Elements.—The policy required by this section shall provide for the following:

"(1) Any report or other allegation of juvenile-on-juvenile problematic sexual behavior on a military installation that is received by the installation commander, a law enforcement organization, a Family Advocacy Program, a child development center, a military treatment facility, or a Department school operating on the installation or otherwise under Department administration for the installation shall be reviewed by the Family Advocacy Program of the installation.

"(2) Personnel of Family Advocacy Programs conducting reviews shall have appropriate training and experience in working with juveniles.

"(3) Family Advocacy Programs conducting reviews shall conduct a multi-faceted, multi-disciplinary review and recommend treatment, counseling, or other appropriate interventions for complainants and respondents.

"(4) Each review shall be conducted—

"(A) with full involvement of appropriate authorities and entities, including parents or legal guardians of the juveniles involved (if practicable); and

"(B) to the extent practicable, in a manner that protects the sensitive nature of the incident concerned, using language appropriate to the treatment of juveniles in written policies and communication with families.

"(5) The requirement for investigation of a report or other allegation shall not be deemed to terminate or alter any otherwise applicable requirement to report or forward the report or allegation to appropriate Federal, State, or local authorities as possible criminal activity.

"(6) There shall be established and maintained a centralized database of information on each incident of problematic sexual behavior that is reviewed by a Family Advocacy Program under the policy established under this section, with—

"(A) the information in such database kept strictly confidential; and

"(B) because the information involves alleged conduct by juveniles, additional special precautions taken to ensure the information is available only to persons who require access to the information.

"(7) There shall be entered into the database, for each substantiated or unsubstantiated incident of problematic sexual behavior, appropriate information on the incident, including—

"(A) a description of the allegation;

"(B) whether or not the review is completed;

"(C) whether or not the incident was subject to an investigation by a law enforcement organization or entity, and the status and results of such investigation; and

"(D) whether or not action was taken in response to the incident, and the nature of the action, if any, so taken."

Provision of Information on Naturalization Through Military Service

Pub. L. 115–91, div. A, title V, §530, Dec. 12, 2017, 131 Stat. 1383, provided that: "The Secretary of Defense shall ensure that members of the Army, Navy, Air Force, and Marine Corps who are aliens lawfully admitted to the United States for permanent residence are informed of the availability of naturalization through service in the Armed Forces under section 328 of the Immigration and Nationality Act (8 U.S.C. 1439) and the process by which to pursue naturalization. The Secretary shall ensure that resources are available to assist qualified members of the Armed Forces to navigate the application and naturalization process."

Support for Programs Providing Camp Experience for Children of Military Families

Pub. L. 114–328, div. A, title V, §577, Dec. 23, 2016, 130 Stat. 2143, provided that:

"(a) Authority to Provide Support.—The Secretary of Defense may provide financial or non-monetary support to qualified nonprofit organizations in order to assist such organizations in carrying out programs to support the attendance at a camp, or camp-like setting, of children of military families who have experienced the death of a family member or other loved one or who have another family member living with a substance use disorder or post-traumatic stress disorder.

"(b) Application for Support.—

"(1) In general.—Each organization seeking support pursuant to subsection (a) shall submit to the Secretary of Defense an application therefor containing such information as the Secretary shall specify for purposes of this section.

"(2) Contents.—Each application submitted under paragraph (1) shall include the following:

"(A) A description of the program for which support is being sought, including the location of the setting or settings under the program, the duration of such setting or settings, any local partners participating in or contributing to the program, and the ratio of counselors, trained volunteers, or both to children at such setting or settings.

"(B) An estimate of the number of children of military families to be supported using the support sought.

"(C) A description of the type of activities that will be conducted using the support sought, including the manner in which activities are particularly supportive to children of military families described in subsection (a).

"(D) A description of the outreach conducted or to be conducted by the organization to military families regarding the program.

"(c) Use of Support.—Support provided by the Secretary of Defense to an organization pursuant to subsection (a) shall be used by the organization to support attendance at a camp, or camp-like setting, of children of military families described in subsection (a)."

Establishment of Online Resources To Provide Information About Benefits and Services Available to Members of the Armed Forces and Their Families

Pub. L. 111–84, div. A, title V, §561, Oct. 28, 2009, 123 Stat. 2302, provided that:

"(a) Internet Outreach Website.—

"(1) Establishment.—The Secretary of Defense shall establish an Internet website or other online resources for the purpose of providing comprehensive information to members of the Armed Forces and their families about the benefits and services described in subsection (b) that are available to members of the Armed Forces and their families.

"(2) Contact information.—The online resources shall provide contact information, both telephone and e-mail, that a member of the Armed Forces or dependent of the member can use to get specific information about benefits and services that may be available for the member or dependent.

"(b) Covered Benefits and Services.—The information provided through the online resources established pursuant to subsection (a) shall include information regarding the following benefits and services that may be available to a member of the Armed Forces and dependents of the member:

"(1) Financial compensation, including financial counseling.

"(2) Health care and life insurance programs.

"(3) Death benefits.

"(4) Entitlements and survivor benefits for dependents, including offsets in the receipt of such benefits under the Survivor Benefit Plan and in connection with the receipt of dependency and indemnity compensation.

"(5) Educational assistance benefits, including limitations on and the transferability of such assistance.

"(6) Housing assistance benefits, including counseling.

"(7) Relocation planning and preparation.

"(8) Maintaining military records.

"(9) Legal assistance.

"(10) Quality of life programs.

"(11) Family and community programs.

"(12) Employment assistance upon separation or retirement of a member or for the spouse of the member.

"(13) Reserve component service for members completing service in a regular component.

"(14) Disability benefits, including offsets in connection with the receipt of such benefits.

"(15) Benefits and services provided under laws administered by the Secretary of Veterans Affairs.

"(16) Such other benefits and services as the Secretary of Defense considers appropriate.

"(c) Dissemination of Information on Availability on Online Resources.—The Secretaries of the military departments shall use public service announcements, publications, and such other announcements through the general media as the Secretaries consider appropriate to inform members of the Armed Forces and their families and the general public about the information available through the online resources established pursuant to subsection (a).

"(d) Implementation Report.—Not later than one year after the date of the enactment of this Act [Oct. 28, 2009], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the quality and scope of the online resources established pursuant to subsection (a) to provide information about benefits and services for members of the Armed Forces and their families."

Education and Treatment Services for Military Dependent Children With Autism

Pub. L. 110–181, div. A, title V, §587, Jan. 28, 2008, 122 Stat. 133, which related to comprehensive assessment of the availability of Federal, State, and local education and treatment services for military dependent children with autism, was repealed by Pub. L. 111–84, div. A, title V, §563(a)(3), Oct. 28, 2009, 123 Stat. 2307.

Joint Family Support Assistance Program

Pub. L. 109–364, div. A, title VI, §675, Oct. 17, 2006, 120 Stat. 2273, as amended by Pub. L. 111–383, div. A, title V, §584, Jan. 7, 2011, 124 Stat. 4228, provided that:

"(a) Program Required.—The Secretary of Defense shall carry out a joint family support assistance program for the purpose of providing to families of members of the Armed Forces the following types of assistance:

"(1) Financial and material assistance.

"(2) Mobile support services.

"(3) Sponsorship of volunteers and family support professionals for the delivery of support services.

"(4) Coordination of family assistance programs and activities provided by Military OneSource, Military Family Life Consultants, counselors, the Department of Defense, other Federal agencies, State and local agencies, and non-profit entities.

"(5) Facilitation of discussion on military family assistance programs, activities, and initiatives between and among the organizations, agencies, and entities referred to in paragraph (4).

"(6) Such other assistance that the Secretary considers appropriate.

"(b) Locations.—The Secretary of Defense shall carry out the program in not less than six areas of the United States selected by the Secretary. At least three of the areas selected for the program shall be areas that are geographically isolated from military installations.

"(c) Resources and Volunteers.—The Secretary of Defense shall provide personnel and other resources of the Department of Defense necessary for the implementation and operation of the program and may accept and utilize the services of non-Government volunteers and non-profit entities under the program.

"(d) Procedures.—The Secretary of Defense shall establish procedures for the operation of the program and for the provision of assistance to families of members of the Armed Forces under the program.

"(e) Relation to Family Support Centers.—The program is not intended to operate in lieu of existing family support centers, but is instead intended to augment the activities of the family support centers.

"(f) Implementation Plan.—

"(1) Plan required.—Not later than 90 days after the date on which funds are first obligated for the program, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report setting forth a plan for the implementation of the program.

"(2) Elements.—The plan required under paragraph (1) shall include the following:

"(A) A description of the actions taken to select the areas in which the program will be conducted.

"(B) A description of the procedures established under subsection (d).

"(C) A review of proposed actions to be taken under the program to improve coordination of family assistance program and activities between and among the Department of Defense, other Federal agencies, State and local agencies, and non-profit entities.

"(g) Report.—

"(1) Report required.—Not later than 270 days after the date on which funds are first obligated for the program, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the program.

"(2) Elements.—The report shall include the following:

"(A) A description of the program, including the areas in which the program is conducted, the procedures established under subsection (d) for operation of the program, and the assistance provided through the program for families of members of the Armed Forces.

"(B) An assessment of the effectiveness of the program in providing assistance to families of members of the Armed Forces.

"(C) An assessment of the advisability of extending the program or making it permanent.

"(h) Duration.—The authority to carry out the program shall expire on December 31, 2012."

Recognition of Military Families

Pub. L. 108–136, div. A, title V, §581, Nov. 24, 2003, 117 Stat. 1489, provided that:

"(a) Findings.—Congress makes the following findings:

"(1) The families of both active and reserve component members of the Armed Forces, through their sacrifices and their dedication to the Nation and its values, contribute immeasurably to the readiness of the Armed Forces.

"(2) Without the continued support of military families, the Nation's ability to sustain a high quality all-volunteer military force would be undermined.

"(3) In the perilous and challenging times of the global war on terrorism, with hundreds of thousands of active and reserve component military personnel deployed overseas in places of combat and other imminent danger, military families are making extraordinary sacrifices and will be required to do so for the foreseeable future.

"(4) Beginning in 1997, military family service and support centers have responded to the encouragement and support of private, non-profit organizations to recognize and honor the American military family during the Thanksgiving period each November.

"(b) Military Family Recognition.—In view of the findings in subsection (a), Congress determines that it is appropriate that special measures be taken annually to recognize and honor the American military family.

"(c) Department of Defense Programs and Activities.—The Secretary of Defense shall—

"(1) implement and sustain programs, including appropriate ceremonies and activities, to recognize and honor the contributions and sacrifices of the American military family, including families of both active and reserve component military personnel;

"(2) focus the celebration of the American military family during a specific period of each year to give full and proper recognition to those families; and

"(3) seek the assistance and support of appropriate civilian organizations, associations, and other entities (A) in carrying out the annual celebration of the American military family, and (B) in sustaining other, longer-term efforts to support the American military family."

Executive Documents

Supporting New American Service Members, Veterans, and Their Families

Memorandum of President of the United States, Dec. 22, 2016, 81 F.R. 95849, provided:

Memorandum for the Heads of Executive Departments and Agencies

My Administration has maintained a steadfast commitment to honor and serve the brave men and women who have served this country. Like all service members and veterans, foreign-born residents and naturalized citizens serving in the United States Armed Forces are shining examples of the American dream. These brave new Americans have taken the extraordinary step of answering the call to duty, to support and defend our country. Some have made the ultimate sacrifice for our country before becoming American citizens.

New American service members are undoubtedly a critical element of our national security. They risk their lives all over the world in the name of the United States, securing shipping lanes, protecting bases and embassies, providing medical assistance, and conducting humanitarian missions. Tens of thousands of lawful permanent residents and naturalized U.S. citizens currently serve in our Armed Forces. Many more are veterans who have served previously in the Armed Forces. Additionally, many U.S.-born service members have immediate family members who were born abroad.

Over the past decade, the Departments of Defense, Veterans Affairs, and Homeland Security have strengthened partnerships to provide services and opportunities to service members, veterans, and their families interacting with the U.S. immigration system. Indeed, since 2001, more than 110,000 service members have been naturalized and many were assisted in the process through partnerships such as the "Naturalization at Basic Training Initiative," which gives non-citizen enlistees the opportunity to naturalize during basic training. Despite these efforts, service members, veterans, and their families still face barriers to accessing immigration benefits and other assistance for which they may be eligible.

In light of the sacrifices that all of these individuals make and have made for our country, it is critical that executive departments and agencies (agencies) enhance collaboration and streamline processes to ensure that they receive the services and benefits they need and have earned. Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, and to address the issues facing new American service members, veterans, and their families, I hereby direct as follows:

Section 1. Interagency Working Group to Support New American Service Members, Veterans, and their Families. There is established a Working Group to Support New American Service Members, Veterans, and their Families (Working Group) to coordinate records, benefits, and immigration and citizenship services for these service members, veterans, and their families. The Working Group shall convene its first meeting within 10 days of the date of this memorandum.

(a) The Working Group shall consist of representatives from:

(i) the Department of State;

(ii) the Department of Defense;

(iii) the Department of Justice;

(iv) the Department of Labor;

(v) the Department of Veterans Affairs; and

(vi) the Department of Homeland Security.

(b) The Working Group shall consult with additional agencies or offices, as appropriate.

Sec. 2. Mission and Functions of the Working Group. (a) The Working Group shall coordinate agency efforts to support service members, veterans, and their families who are navigating the immigration, veterans, and military systems. Such efforts shall include:

(i) coordinating the sharing of military records and other information relevant to immigration or veterans benefits;

(ii) enhancing awareness of naturalization and immigration benefits to provide timely assistance and information to service members, veterans, and their families;

(iii) coordinating and facilitating the process of adjudicating immigration applications and petitions; and

(iv) other efforts that further support service members, veterans, and their families.

(b) Within 30 days of the date of this memorandum, the Working Group shall develop an initial 3-year strategic action plan that details broad approaches to be taken to enhance access to services and benefits. This initial plan shall be supplemented by a more detailed plan, to be published within 120 days of the date of this memorandum that discusses the steps to be taken in greater detail. The Working Group shall also report periodically on its accomplishments and ongoing initiatives.

Sec. 3. Outreach. Consistent with the objectives of this memorandum and applicable law, the Working Group shall seek the views of representatives of private and nonprofit organizations; veterans and military service organizations; State, tribal, and local government agencies; elected officials; and other interested persons to inform the Working Group's plans.

Sec. 4. General Provisions. (a) The heads of agencies shall assist and provide information to the Working Group, consistent with applicable law, as may be necessary to carry out the functions of the Working Group. Each agency and office shall bear its own expense for carrying out activities related to the Working Group.

(b) Nothing in this memorandum shall be construed to impair or otherwise affect the authority granted by law to an executive department or an agency, or the head thereof, or the status of that department or agency within the Federal Government.

(c) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

(d) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(e) The Secretary of Homeland Security is hereby authorized and directed to publish this memorandum in the Federal Register.

Barack Obama.      

§1781a. Department of Defense Military Family Readiness Council

(a) In General.—There is in the Department of Defense the Department of Defense Military Family Readiness Council (in this section referred to as the "Council").

(b) Members.—(1) The Council shall consist of the following members:

(A) The Under Secretary of Defense for Personnel and Readiness, who shall serve as chair of the Council and who may designate a representative to chair the council in the Under Secretary's absence.

(B) The following persons, who shall be appointed or designated by the Secretary of Defense:

(i) One representative of each of the Army, Navy, Air Force, Marine Corps, and Space Force, each of whom shall be a member or civilian employee of the armed force to be represented.

(ii) One representative, who shall be a member or civilian employee of the National Guard Bureau, to represent both the Army National Guard and the Air National Guard.

(iii) One spouse or parent of a member of each of the Army, Navy, Air Force, Marine Corps, and Space Force, two of whom shall be the spouse or parent of an active component member, two of whom shall be the spouse or parent of a reserve component member, and one of whom shall be the spouse or parent of a member of the Space Force.

(C) Three individuals appointed by the Secretary of Defense from among representatives of military family organizations, including military family organizations of families of members of the regular components and of families of members of the reserve components.

(D) The senior enlisted advisor from each of the Army, Navy, Air Force, Marine Corps, and Space Force, except that two of these members may instead be selected from among the spouses of the senior enlisted advisors.

(E) The Director of the Office of Military Family Readiness Policy.

(2)(A) The term on the Council of the members appointed or designated under subparagraph (B) of paragraph (1) shall be two years and may be renewed by the Secretary of Defense.

(B) The term on the Council of the members appointed under subparagraph (C) of paragraph (1) shall be two years.

(c) Meetings.—The Council shall meet not less often than twice each year.

(d) Duties.—The duties of the Council shall include the following:

(1) To review and make recommendations to the Secretary of Defense regarding the policy and plans required under section 1781b of this title.

(2) To monitor requirements for the support of military family readiness programs and activities of the Department of Defense.

(3) To evaluate and assess the effectiveness of the military family readiness programs and activities of the Department of Defense.

(4) To make recommendations to the Secretary of Defense to improve collaboration, awareness, and promotion of accurate and timely military family readiness information and support services by policy makers, service providers, and targeted beneficiaries.

(e) Military Family Readiness Working Group for Military Housing.—

(1) There is in the Council the Military Family Readiness Working Group for Military Housing (in this section referred to as the "Housing Working Group").

(2)(A) The Housing Working Group shall be composed of the following members:

(i) The Assistant Secretary of Defense for Energy, Installations, and Environment, who shall serve as chair of the Housing Working Group on a nondelegable basis.

(ii) One representative of each of the Army, Navy, Air Force, Marine Corps, and Space Force—

(I) each of whom shall be a member of the armed force to be represented; and

(II) not fewer than two of whom shall be enlisted members.

(iii) One spouse of a member of each of the Army, Navy, Air Force, Marine Corps, and Space Force on active duty, not fewer than two of which shall be the spouse of an enlisted member.

(iv) One commander or senior official of a military installation from each military department with responsibility for the public works or civil engineering systems of such installation.

(v) One individual appointed by the Secretary of Defense among representatives of a voluntary consensus standards body that develops personnel certification standards for building maintenance, inspections, or restoration.

(vi) The Director of the Office of Military Family Readiness Policy.

(B) The term of Housing Working Group members specified under clauses (ii) through (v) of subparagraph (A) shall be two years and may be renewed by the Secretary of Defense.

(C) The chair of the Housing Working Group shall extend an invitation to all landlords for one representative of each landlord to attend such meetings of the Housing Working Group as the chair considers appropriate but at a minimum of once per year.

(3) The Housing Working Group shall meet at least two times each year.

(4) The duties of the Housing Working Group shall include the following:

(A) To review and make recommendations to the Secretary of Defense on policies for covered military housing, including inspections practices and resident surveys.

(B) To make recommendations to the Secretary of Defense to improve—

(i) awareness and promotion of accurate and timely information about covered military housing, accommodations available through the Exceptional Family Member Program of the Department, and other support services; and

(ii) collaboration among policymakers, providers of such accommodations and other support services, and targeted beneficiaries of such accommodations and other support services.

(5) In this subsection:

(A) The term "landlord" has the meaning given that term in section 2871 of this title.

(B) The term "covered military housing" means housing acquired or constructed pursuant to subchapter IV of chapter 169 of this title that is owned by an entity other than the Federal Government.

(Added Pub. L. 110–181, div. A, title V, §581(a), Jan. 28, 2008, 122 Stat. 120; amended Pub. L. 111–84, div. A, title V, §562, Oct. 28, 2009, 123 Stat. 2303; Pub. L. 111–383, div. A, title V, §581, Jan. 7, 2011, 124 Stat. 4226; Pub. L. 112–81, div. A, title V, §574, Dec. 31, 2011, 125 Stat. 1427; Pub. L. 114–328, div. A, title IX, §933(a)(2), Dec. 23, 2016, 130 Stat. 2364; Pub. L. 115–232, div. A, title V, §571(a)–(c), Aug. 13, 2018, 132 Stat. 1777, 1778; Pub. L. 116–283, div. A, title IX, §924(b)(29), Jan. 1, 2021, 134 Stat. 3825; Pub. L. 118–31, div. A, title XVII, §1722(k)(1), div. B, title XXVIII, §2821(a), Dec. 22, 2023, 137 Stat. 673, 749.)

Editorial Notes

Amendments

2023—Subsec. (b)(1)(B)(iii). Pub. L. 118–31, §1722(k)(1), substituted "active component member," for "active component member and" and inserted ", and one of whom shall be the spouse or parent of a member of the Space Force" after "parent of a reserve component member".

Subsec. (e). Pub. L. 118–31, §2821(a), amended subsec. (e) generally. Prior to amendment, subsec. (e) related to annual reports on military family readiness.

2021—Subsec. (b)(1). Pub. L. 116–283 substituted "Air Force, Marine Corps, and Space Force" for "Marine Corps, and Air Force" wherever appearing.

2018—Subsec. (b)(1)(B)(i). Pub. L. 115–232, §571(a)(1)(A), substituted "a member or civilian employee of the armed force to be represented" for "a member of the armed force to be represented".

Subsec. (b)(1)(B)(ii). Pub. L. 115–232, §571(a)(1)(B), added cl. (ii) and struck out former cl. (ii) which read as follows: "One representative of the Army National Guard or the Air National Guard, who may be a member of the National Guard."

Subsec. (b)(2)(A). Pub. L. 115–232, §571(a)(2)(A), struck out "clauses (i) and (iii) of" before "subparagraph (B)" and "Representation on the Council under clause (ii) of that subparagraph shall rotate between the Army National Guard and Air National Guard every two years on a calendar year basis." after "Secretary of Defense."

Subsec. (b)(2)(B). Pub. L. 115–232, §571(a)(2)(B), substituted "two years" for "three years".

Subsec. (d)(2). Pub. L. 115–232, §571(b)(1), substituted "military family readiness programs and activities of the Department of Defense" for "military family readiness by the Department of Defense".

Subsec. (d)(4). Pub. L. 115–232, §571(b)(2), added par. (4).

Subsec. (e)(1). Pub. L. 115–232, §571(c), substituted "July 1" for "February 1".

2016—Subsec. (b)(1)(E). Pub. L. 114–328 substituted "Office of Military Family Readiness Policy" for "Office of Community Support for Military Families with Special Needs".

2011—Subsec. (b). Pub. L. 112–81 amended subsec. (b) generally. Prior to amendment, subsec. (b) related to members.

Subsec. (b)(1)(B). Pub. L. 111–383, §581(d)(1)(A), struck out ", who shall be appointed by the Secretary of Defense" after "Air Force".

Subsec. (b)(1)(C). Pub. L. 111–383, §581(d)(1)(B), struck out ", who shall be appointed by the Secretary of Defense" after "Air National Guard" in cl. (i) and after "Air Force Reserve" in cl. (ii).

Subsec. (b)(1)(D). Pub. L. 111–383, §581(d)(1)(C), struck out "by the Secretary of Defense" after "appointed".

Subsec. (b)(1)(E). Pub. L. 111–383, §581(a)(1)(B), added subpar. (E). Former subpar. (E) redesignated (F).

Subsec. (b)(1)(F). Pub. L. 111–383, §581(c), amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: "In addition to the representatives appointed under subparagraphs (B) and (C), the senior enlisted advisors of the Army, Navy, Marine Corps, and Air Force, or the spouse of a senior enlisted member from each of the Army, Navy, Marine Corps, and Air Force."

Pub. L. 111–383, §581(a)(1)(A), redesignated subpar. (E) as (F).

Subsec. (b)(1)(G). Pub. L. 111–383, §581(b), added subpar. (G).

Subsec. (b)(2). Pub. L. 111–383, §581(a)(2), substituted "subparagraphs (C), (D), and (E)" for "subparagraphs (C) and (D)".

Subsec. (b)(3). Pub. L. 111–383, §581(d)(2), added par. (3).

2009—Subsec. (b)(1)(C) to (E). Pub. L. 111–84, §562(a), added subpar. (C), redesignated former subpars. (C) and (D) as (D) and (E), respectively, and substituted "subparagraphs (B) and (C)" for "subparagraph (B)" in subpar. (E).

Subsec. (b)(2). Pub. L. 111–84, §562(b), substituted "subparagraphs (C) and (D) of paragraph (1)" for "paragraph (1)(C)" and inserted at end "Representation on the Council required by clause (i) of paragraph (1)(C) shall rotate between the Army National Guard and Air National Guard. Representation required by clause (ii) of such paragraph shall rotate among the reserve components specified in such clause."

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232, div. A, title V, §571(d), Aug. 13, 2018, 132 Stat. 1778, provided that:

"(1) In general.—The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Aug. 13, 2018].

"(2) Applicability of membership and term amendments.—The amendments made by subsection (a) shall apply to members of the Department of Defense Military Family Readiness Council appointed after the date of the enactment of this Act."

§1781b. Department of Defense policy and plans for military family readiness

(a) Policy and Plans Required.—The Secretary of Defense shall develop a policy and plans for the Department of Defense for the support of military family readiness.

(b) Purposes.—The purposes of the policy and plans required under subsection (a) are as follows:

(1) To ensure that the military family readiness programs and activities of the Department of Defense are comprehensive, effective, and properly supported.

(2) To ensure that support is continuously available to military families in peacetime and in war, as well as during periods of force structure change and relocation of military units.

(3) To ensure that the military family readiness programs and activities of the Department of Defense are available to all military families, including military families of members of the regular components, the reserve components, and the Space Force.

(4) To make military family readiness an explicit element of applicable Department of Defense plans, programs, and budgeting activities, and that achievement of military family readiness is expressed through Department-wide goals that are identifiable and measurable.

(5) To ensure that the military family readiness programs and activities of the Department of Defense undergo continuous evaluation in order to ensure that resources are allocated and expended for such programs and activities to achieve Department-wide family readiness goals.

(c) Elements of Policy.—The policy required under subsection (a) shall include the following elements:

(1) A list of military family readiness programs and activities.

(2) Department of Defense-wide goals for military family support, including joint programs, for military families of members of the regular components, members of the reserve components, and members of the Space Force.

(3) Policies on access to military family support programs and activities based on military family populations served and geographical location.

(4) Metrics to measure the performance and effectiveness of the military family readiness programs and activities of the Department of Defense.

(5) A summary, by fiscal year, of the allocation of funds (including appropriated funds and nonappropriated funds) for major categories of military family readiness programs and activities of the Department of Defense, set forth for each of the military departments and for the Office of the Secretary of Defense.

(Added Pub. L. 110–181, div. A, title V, §581(a), Jan. 28, 2008, 122 Stat. 121; amended Pub. L. 111–383, div. A, title X, §1075(b)(23), Jan. 7, 2011, 124 Stat. 4370; Pub. L. 115–91, div. A, title X, §1051(a)(9), Dec. 12, 2017, 131 Stat. 1560; Pub. L. 118–31, div. A, title XVII, §1722(k)(2), Dec. 22, 2023, 137 Stat. 673.)

Editorial Notes

Amendments

2023—Subsec. (b)(3). Pub. L. 118–31, §1722(k)(2)(A), substituted "military families of members of the regular components, the reserve components, and the Space Force" for "military families of members of the regular components and military families of members of the reserve components".

Subsec. (c)(2). Pub. L. 118–31, §1722(k)(2)(B), struck out "both" after "joint programs," and substituted "military families of members of the regular components, members of the reserve components, and members of the Space Force" for "military families of members of the regular components and military families of members of the reserve components".

2017—Subsec. (d). Pub. L. 115–91 struck out subsec. (d). Text read as follows: "Not later than March 1 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the plans required under subsection (a) for the five-fiscal year period beginning with the fiscal year in which the report is submitted. Each report shall include the plans covered by the report and an assessment of the discharge by the Department of Defense of the previous plans submitted under this section."

2011—Subsec. (d). Pub. L. 111–383 substituted "March 1 each year" for "March 1, 2008, and each year thereafter".

Statutory Notes and Related Subsidiaries

Policy Regarding Remote Military Installations

Pub. L. 117–81, div. A, title V, §565, Dec. 27, 2021, 135 Stat. 1749, provided that:

"(a) Policy.—Not later than December 1, 2022, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a uniform policy for how to—

"(1) identify remote military installations; and

"(2) assess and manage challenges associated with remote military installations and military personnel assigned to remote locations.

"(b) Elements.—The policy under subsection (a) shall address the following:

"(1) Activities and facilities for the morale, welfare, and recreation of members of the Armed Forces.

"(2) Availability of housing, located on and off remote military installations.

"(3) Educational services for dependents of members of the Armed Forces, located on and off remote military installations.

"(4) Availability of health care.

"(5) Employment opportunities for military spouses.

"(6) Risks associated with having insufficient support services for members of the Armed Forces and their dependents.

"(c) Report.—Not later than March 1, 2023, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the policy under this section.

"(d) Military Installation Defined.—In this section, the term 'military installation' has the meaning given that term in section 2801 of title 10, United States Code."

Consideration of Certain Military Family Readiness Issues in Making Basing Decisions Associated With Certain Military Units and Major Headquarters

Pub. L. 116–283, div. B, title XXVIII, §2883, Jan. 1, 2021, 134 Stat. 4370, as amended by Pub. L. 117–263, div. B, title XXVIII, §2866, Dec. 23, 2022, 136 Stat. 3011, provided that:

"(a) Taking Into Consideration Military Family Readiness Issues.—In determining whether to proceed with any basing decision associated with a covered military unit or major headquarters in the United States after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of the military department concerned shall take into account, among such other factors as that Secretary considers appropriate, the military family readiness considerations specified in this section, including those military family readiness considerations specified pursuant to subsection (e).

"(b) Interstate Portability of Licensure and Certification Credentials.—With regard to the State in which an installation subject to a basing decision covered by subsection (a) is or will be located, the Secretary of the military department concerned shall take into account the extent to which the State—

"(1) has entered into reciprocity agreements to recognize and accept professional and occupational licensure and certification credentials granted by or in other States; or

"(2) allows for the transfer of such licenses and certifications granted by or in other States.

"(c) Housing.—With regard to the military housing area in which an installation subject to a basing decision covered by subsection (a) is or will be located, the Secretary of the military department concerned shall take into account the extent to which housing (including military family housing) that meets Department of Defense requirements is available and accessible to members of the Armed Forces through the private sector in such military housing area.

"(d) Health Care.—With regard to the community in which an installation subject to a basing decision covered by subsection (a) is or will be located, the Secretary of the military department concerned shall take into account the extent to which primary healthcare and specialty healthcare is available and accessible to dependents, including dependents with disabilities, of members of the Armed Forces through the private sector in such local community.

"(e) Other Specified Considerations.—The Secretary of the military department concerned shall take into account such other considerations in connection with military family readiness as the Secretary of Defense shall specify for purposes of compliance with this section.

"(f) Savings Clause.—Nothing in this section shall be construed as requiring the Secretary of a military department to make a basing decision covered by subsection (a) that the Secretary determines would diminish military readiness or impede military mission for the purpose of military family readiness.

"(g) Analytical Framework.—The Secretary of the military department concerned shall take into account the considerations specified in this section, among such other factors as the Secretary considers appropriate, in determining whether to proceed with a basing decision covered by subsection (a) using an analytical framework developed by that Secretary that uses criteria based on—

"(1) quantitative data available within the Department of Defense; and

"(2) such reliable quantitative data from sources outside the Department as the Secretary considers appropriate.

"(h) Basing Decision Scorecard.—

"(1) Scorecard required.—The Secretary of the military department concerned shall establish a scorecard for military installations under the jurisdiction of such Secretary, and for States and localities in which such installations are or may be located, to facilitate taking into account the considerations specified in this section whenever that Secretary makes a basing decision covered by subsection (a).

"(2) Update.—The Secretary of the military department concerned shall update the scorecard established by that Secretary under this subsection not less frequently than once each year in order to keep the information in such scorecard as current as is practicable.

"(3) Availability.—

"(A) In general.—A current version of each scorecard established under this subsection shall be available to the public through an Internet website of the military department concerned.

"(B) Methodology and criteria.—

"(i) Availability.—Each Secretary of a military department shall publish on the website described in subparagraph (A) the methodology and criteria each time such Secretary establishes or updates a scorecard.

"(ii) Public comment.—Each Secretary of a military department shall establish a 60-day public comment period beginning on each date of publication of such methodology and criteria.

"(4) Coordination.—In establishing or updating a scorecard under this subsection, each Secretary of the military department concerned shall coordinate with the Secretary of Defense to ensure consistency across the military departments.

"(i) Briefings.—Not later than April 1 of each of 2021, 2022, and 2023, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on actions taken pursuant to this section, including a description and assessment of the effect of the taking into account of the considerations specified in this section on particular basing decisions in the United States during the one-year period ending on the date of the briefing.

"(j) Definitions.—In this section:

"(1) The term 'covered military unit' means a unit of the Armed Forces whose initial assignment to a military installation or relocation from a military installation to a different military installation requires the preparation of an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

"(2) The term 'major headquarters' means the headquarters of a unit of the Armed Forces or command that is the appropriate command of a general officer or flag officer."

§1781c. Office of Special Needs

(a) Establishment.—There is in the Office of Military Family Readiness Policy the Office of Special Needs (in this section referred to as the "Office").

(b) Purpose.—The purpose of the Office is to standardize, enhance, and improve Department of Defense support around the world for military families with special needs (whether medical or educational needs) through the development of appropriate policies, enhancement and dissemination of appropriate information throughout the Department of Defense, support for such families in obtaining referrals for services and in obtaining service, and oversight of the activities of the military departments in support of such families.

(c) Responsibilities.—The Office shall have the responsibilities as follows:

(1) To develop and implement a comprehensive and standard policy on support for military families with special needs as required by subsection (d).

(2) To establish and oversee the programs required by subsection (e).

(3) To identify gaps in services available through the Department of Defense for military families with special needs.

(4) To develop plans to address gaps identified under paragraph (3) through appropriate mechanisms, such as enhancing resources and training and ensuring the provision of special assistance to military families with special needs and military parents of individuals with special needs (including through the provision of training and seminars to members of the armed forces).

(5) To monitor the programs of the military departments for the assignment of members of the armed forces who are members of military families with special needs, and the programs for the support of such military families, and to advise the Secretary of Defense on the adequacy of such programs in conjunction with the preparation of future-years defense programs and other budgeting and planning activities of the Department of Defense.

(6) To monitor the availability and accessibility of programs provided by other Federal, State, local, and non-governmental agencies to military families with special needs.

(7) To conduct periodic reviews of best practices in the United States in the provision of medical and educational services for children with special needs.

(8) To carry out such other matters with respect to the programs and activities of the Department of Defense regarding military families with special needs as the Under Secretary of Defense for Personnel and Readiness shall specify.

(d) Policy.—(1) The Office shall develop, and regularly update, a uniform policy for the Department of Defense regarding military families with special needs. The policy shall apply with respect to members of the armed forces without regard to their location, whether within or outside the continental United States.

(2) The policy developed under this subsection shall include elements regarding the following:

(A) The assignment of members of the armed forces who are members of military families with special needs.

(B) Support for military families with special needs.

(3) In addressing the assignment of members of the armed forces under paragraph (2)(A), the policy developed under this subsection shall, in a manner consistent with the needs of the armed forces and responsive to the career development of members of the armed forces on active duty, provide for such members each of the following:

(A) Assignment to locations where care and support for family members with special needs are available.

(B) Stabilization of assignment for a minimum of 4 years.

(C) Ability to request a second review of the approved assignment within or outside the continental United States if the member believes the location is inappropriate for the member's family and would cause undue hardship.

(D) Protection from having a medical recommendation for an approved assignment overridden by the commanding officer.

(E) Ability to request continuation of location when there is a documented substantial risk of transferring medical care or educational services to a new provider or school at the specific time of permanent change of station.

(4) In addressing support for military families under paragraph (2)(B), the policy developed under this subsection shall provide the following:

(A) Procedures to identify members of the armed forces who are members of military families with special needs.

(B) Mechanisms to ensure timely and accurate evaluations of members of such families who have special needs.

(C) Procedures to facilitate the enrollment of such members of the armed forces and their families in programs of the military department for the support of military families with special needs.

(D) Procedures to ensure the coordination of Department of Defense health care programs and support programs for military families with special needs, and the coordination of such programs with other Federal, State, local, and non-governmental health care programs and support programs intended to serve such families.

(E) Requirements for resources (including staffing) to ensure the availability through the Department of Defense of appropriate numbers of case managers to provide individualized support for military families with special needs.

(F) Requirements regarding the development and continuous updating by an appropriate office of an individualized services plan (whether medical, educational, or both) for each military family with special needs.

(G) Requirements for record keeping, reporting, and continuous monitoring of available resources and family needs under individualized services support plans for military families with special needs, including the establishment and maintenance of a central or various regional databases for such purposes.

(H) Procedures for the development of an individualized services plan for military family members with special needs who have requested family support services and have a completed family needs assessment.

(I) Requirements to prohibit disenrollment from the Exceptional Family Member Program unless there is new supporting medical or educational information that indicates the original condition is no longer present, and to track disenrollment data in each armed force.

(e) Programs.—(1) The Office shall establish, maintain, and oversee a program to provide information and referral services on special needs matters to military families with special needs on a continuous basis regardless of the location of the member's assignment. The program shall provide for timely access by members of such military families to individual case managers and counselors on matters relating to special needs.

(2) The Office shall establish, maintain, and oversee a program of outreach on special needs matters for military families with special needs. The program shall—

(A) assist military families in identifying whether or not they have a member with special needs; and

(B) provide military families with special needs with information on the services, support, and assistance available through the Department of Defense regarding such members with special needs, including information on enrollment in programs of the military departments for such services, support, and assistance.

(3)(A) The Office shall provide support to the Secretary of each military department in the establishment and sustainment by such Secretary of a program for the support of military families with special needs under the jurisdiction of such Secretary. Each program shall be consistent with the policy developed by the Office under subsection (d).

(B) Each program under this paragraph shall provide for appropriate numbers of case managers for the development and oversight of individualized services plans for educational and medical support for military families with special needs.

(C) Services under a program under this paragraph may be provided by contract or other arrangements with non-Department of Defense entities qualified to provide such services.

(f) Resources.—The Secretary of Defense shall assign to the Office such resources, including personnel, as the Secretary considers necessary for the discharge of the responsibilities of the Office, including a sufficient number of members of the armed forces to ensure appropriate representation by the military departments in the personnel of the Office.

(g) Reports.—(1) Not later than April 30 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the activities of the Office.

(2) Each report under this subsection shall include the following:

(A) A description of any gaps in services available through the Department of Defense for military families with special needs that were identified under subsection (c)(3).

(B) A description of the actions being taken, or planned, to address such gaps, including any plans developed under subsection (c)(4).

(C) With respect to the Extended Care Health Option program under section 1079(d) of this title—

(i) the utilization rates of services under such program by eligible dependents (as such term is defined in such section) during the prior year;

(ii) a description of gaps in such services, as ascertained by the Secretary from information provided by families of eligible dependents;

(iii) an assessment of factors that prevent knowledge of and access to such program, including a discussion of actions the Secretary may take to address these factors; and

(iv) an assessment of the average wait time for an eligible dependent enrolled in the program to access alternative health coverage for a qualifying condition (as such term is defined in such section), including a discussion of any adverse health outcomes associated with such wait.

(D) Such recommendations for legislative action as the Secretary considers appropriate to provide for the continuous improvement of support and services for military families with special needs.

(h) Military Family With Special Needs.—For purposes of this section, a military family with special needs is any military family with one or more members who has a medical or educational special need (as defined by the Secretary in regulations for purposes of this section), including a condition covered by the Extended Health Care Option Program under section 1079f of this title.

(Added Pub. L. 111–84, div. A, title V, §563(a)(1), Oct. 28, 2009, 123 Stat. 2304; amended Pub. L. 111–383, div. A, title V, §582(a), (b), title X, §1075(b)(24), Jan. 7, 2011, 124 Stat. 4226, 4227, 4370; Pub. L. 114–328, div. A, title IX, §933(b)(1)–(5)(A), Dec. 23, 2016, 130 Stat. 2364, 2365; Pub. L. 116–283, div. A, title V, §582(a), title VII, §704(c), Jan. 1, 2021, 134 Stat. 3651, 3688.)

Editorial Notes

Amendments

2021—Subsec. (b). Pub. L. 116–283, §582(a)(1), substituted "standardize, enhance," for "enhance".

Subsec. (c)(1). Pub. L. 116–283, §582(a)(2), inserted "and standard" after "comprehensive".

Subsec. (d)(1). Pub. L. 116–283, §582(a)(3)(A), substituted "regularly update" for "update from time to time".

Subsec. (d)(3)(C) to (E). Pub. L. 116–283, §582(a)(3)(B), added subpars. (C) to (E).

Subsec. (d)(4)(F). Pub. L. 116–283, §582(a)(3)(C)(i), substituted "by an appropriate office of an individualized services plan (whether medical, educational, or both)" for "of an individualized services plan (medical and educational)".

Subsec. (d)(4)(H), (I). Pub. L. 116–283, §582(a)(3)(C)(ii), which directed adding subpars. (H) and (I) after subpar. (F), was executed by adding them after subpar. (G) to reflect the probable intent of Congress.

Subsec. (g)(2)(C), (D). Pub. L. 116–283, §704(c), added subpar. (C) and redesignated former subpar. (C) as (D).

2016—Pub. L. 114–328, §933(b)(5)(A), substituted "Office of Special Needs" for "Office of Community Support for Military Families With Special Needs" in section catchline.

Subsec. (a). Pub. L. 114–328, §933(b)(2), substituted "Office of Military Family Readiness Policy" for "Office of the Under Secretary of Defense for Personnel and Readiness".

Pub. L. 114–328, §933(b)(1), which directed substitution of "Office of Special Needs" for "Office of Community Support for Military Families with Special Needs", was executed by making the substitution for "Office of Community Support for Military Families With Special Needs" to reflect the probable intent of Congress.

Subsec. (c). Pub. L. 114–328, §933(b)(3), (4)(A)–(C), redesignated subsec. (d) as (c), substituted "subsection (d)" for "subsection (e)" in par. (1) and "subsection (e)" for "subsection (f)" in par. (2), and struck out former subsec. (c). Prior to amendment, text read as follows:

"(1) The head of the Office shall be the Director of the Office of Community Support for Military Families With Special Needs, who shall be a member of the Senior Executive Service or a general officer or flag officer.

"(2) In the discharge of the responsibilities of the Office, the Director shall be subject to the supervision, direction, and control of the Under Secretary of Defense for Personnel and Readiness."

Subsec. (d). Pub. L. 114–328, §933(b)(4)(A), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

Subsec. (e). Pub. L. 114–328, §933(b)(4)(A), (B), redesignated subsec. (f) as (e) and substituted "subsection (d)" for "subsection (e)" in par. (3)(A). Former subsec. (e) redesignated (d).

Subsec. (f). Pub. L. 114–328, §933(b)(4)(A), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).

Subsec. (g). Pub. L. 114–328, §933(b)(4)(A), (D), redesignated subsec. (h) as (g) and substituted "subsection (c)(3)" for "subsection (d)(3)" in par. (2)(A) and "subsection (c)(4)" for "subsection (d)(4)" in par. (2)(B). Former subsec. (g) redesignated (f).

Subsecs. (h), (i). Pub. L. 114–328, §933(b)(4)(A), redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g).

2011—Subsec. (c). Pub. L. 111–383, §582(a), amended subsec. (c) generally. Prior to amendment, text read as follows:

"(1) The head of the Office shall be the Director of the Office of Community Support for Military Families With Special Needs, who shall be appointed by the Secretary of Defense from among civilian employees of the Department of Defense who are members of the Senior Executive Service or members of the armed forces in a general or flag grade.

"(2) The Director shall be subject to the supervision, direction, and control of the Under Secretary of Defense for Personnel and Readiness in the discharge of the responsibilities of the Office, and shall report directly to the Under Secretary regarding the discharge of such responsibilities."

Subsec. (d)(7), (8). Pub. L. 111–383, §582(b), added par. (7) and redesignated former par. (7) as (8).

Subsec. (h)(1). Pub. L. 111–383, §1075(b)(24), substituted "April 30 each year" for "180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010, and annually thereafter".

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective Dec. 31, 2021, of provisions in subsec. (g) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.

Improvements to Exceptional Family Member Program

Pub. L. 117–81, div. A, title V, §562(b)–(d), Dec. 27, 2021, 135 Stat. 1747, provided that:

"(b) Relocation.—The Secretary of the military department concerned may, if such Secretary determines it feasible, permit a covered member who receives permanent change of station orders to elect, not later than 14 days after such receipt, from at least two locations that provide support for the dependent of such covered member with a special need.

"(c) Family Member Medical Summary.—The Secretary of a military department, in coordination with the Director of the Defense Health Agency, shall require that a family member medical summary, completed by a licensed and credentialed medical provider, is accessible in the electronic health record of the Department of Defense for subsequent review by a licensed medical provider.

"(d) Covered Member Defined.—In this section, the term 'covered member' means a member of an Armed Force—

"(1) under the jurisdiction of the Secretary of a military department; and

"(2) with a dependent with a special need."

Pub. L. 116–283, div. A, title V, §582(b)–(e), Jan. 1, 2021, 134 Stat. 3652, 3653, provided that:

"(b) Standardization.—Not later than six months after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense, in coordination with the Secretaries of the military departments, shall, to the extent practicable, standardize the Exceptional Family Member Program (in this section referred to as the 'EFMP') across the military departments. The EFMP, standardized under this subsection, shall include the following:

"(1) Processes for the identification and enrollment of dependents of covered members with special needs.

"(2) A process for the permanent change of orders for covered members, to ensure seamless continuity of services at the new permanent duty station.

"(3) If an order for assignment is declined for a military family with special needs, the member will receive a reason for the decline of that order.

"(4) A review process for installations to ensure that health care furnished through the TRICARE program, special needs education programs, and installation-based family support programs are available to military families enrolled in the EFMP.

"(5) A standardized respite care benefit across the covered Armed Forces, including the number of hours available under such benefit to military families enrolled in the EFMP.

"(6) Performance metrics for measuring, across the Department and with respect to each military department, the following:

"(A) Assignment coordination and support for military families with special needs, including a systematic process for evaluating each military department's program for the support of military families with special needs.

"(B) The reassignment of military families with special needs, including how often members request reassignments, for what reasons, and from what military installations.

"(C) The level of satisfaction of military families with special needs with the family and medical support they are provided.

"(7) A requirement that the Secretary of each military department provide legal services by an attorney, trained in education law, at each military installation—

"(A) the Secretary determines is a primary receiving installation for military families with special needs; and

"(B) in a State that the Secretary determines has historically not supported families enrolled in the EFMP.

"(8) The option for a family enrolled in the EFMP to continue to receive all services under that program and a family separation allowance, if otherwise authorized, if—

"(A) the covered member receives a new permanent duty station; and

"(B) the covered member and family elect for the family not to relocate with the covered member.

"(9) The solicitation of feedback from military families with special needs, and discussions of challenges and best practices of the EFMP, using existing family advisory organizations.

"(c) Case Management.—The Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop an EFMP case management model, including the following:

"(1) A single EFMP office, located at the headquarters of each covered Armed Force, to oversee implementation of the EFMP and coordinate health care services, permanent change of station order processing, and educational support services for that covered Armed Force.

"(2) An EFMP office at each military installation with case managers to assist each family of a covered member in the development of a plan that addresses the areas specified in subsection (b)(1).

"(d) Report.—Not later than 180 days after the date of the enactment of the Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of this section, including any recommendations of the Secretary regarding additional legislation.

"(e) Definitions.—In this section:

"(1) The term 'covered Armed Force' means an Armed Force under the jurisdiction of the Secretary of a military department.

"(2) The term 'covered member' means a member—

"(A) of a covered Armed Force; and

"(B) with a dependent with special needs."

Matters Relating to Education for Military Dependent Students With Special Needs

Pub. L. 116–283, div. A, title V, §589G, Jan. 1, 2021, 134 Stat. 3663, provided that:

"(a) Information on Special Education Disputes.—

"(1) In general.—Each Secretary of a military department shall collect and maintain information on special education disputes filed by members of the Armed Forces under the jurisdiction of such Secretary.

"(2) Information.—The information collected and maintained under this subsection shall include the following:

"(A) The number of special education disputes filed.

"(B) The outcome or disposition of the disputes.

"(3) Source of information.—The information collected and maintained pursuant to this subsection shall be derived from the following:

"(A) Records and reports of case managers and navigators under the Exceptional Family Member Program of the Department of Defense.

"(B) Reports submitted by members of the Armed Forces to officials at military installations or other relevant military officials.

"(C) Such other sources as the Secretary of the military department concerned considers appropriate.

"(4) Annual reports.—On an annual basis, each Secretary of a military department shall submit to the Office of Special Needs of the Department of Defense a report on the information collected by such Secretary under this subsection during the preceding year.

"(b) GAO Study and Report.—

"(1) In general.—The Comptroller General of the United States shall conduct a study on the following:

"(A) The manner in which local educational agencies with schools that serve military dependent students use the following:

"(i) Funds made available for impact aid for children with severe disabilities under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 20 U.S.C. 7703a).

"(ii) Funds made available for assistance to schools with a significant number of military dependent students under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).

"(C) The efficacy of attorneys and other legal support for military families in special education disputes.

"(E) Whether, and to what extent, policies and guidance for School Liaison Officers are standardized between the Office of Special Needs of the Department of Defense and the military departments, and the efficacy of such policies and guidance.

"(F) The improvements made to family support programs of the Office of Special Needs, and of each military department, in light of the recommendations of the Comptroller General in the report titled 'DOD Should Improve Its Oversight of the Exceptional Family Member Program' (GAO–18–348).

"(2) Recommendations.—As part of the study under paragraph (1), the Comptroller General shall develop recommendations on the following:

"(A) Improvements to the ability of the Department of Defense to monitor and enforce the compliance of local educational agencies with requirements for the provision of a free appropriate public education to military dependent students with special needs.

"(B) Improvements to the policies of the Office of Special Needs, and of each military department, with respect to the standardization and efficacy of policies and programs for military dependent students with special needs.

"(3) Briefing and report.—Not later than March 31, 2021, the Comptroller General of the United States shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing and a report [on] the results of the study conducted under paragraph (1).

"(c) Definitions.—In this section:

"(1) The term 'free appropriate public education' has the meaning given that term in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401).

"(2) The term 'local educational agency' has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

"(3) The term 'special education dispute' means a complaint filed regarding the education provided to a child with a disability (as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)), including a complaint filed in accordance with section 615 or 639 of such Act (20 U.S.C. 1415, 1439)."

Foundation for Support of Military Families With Special Needs

Pub. L. 111–84, div. A, title V, §563(b), Oct. 28, 2009, 123 Stat. 2307, provided that:

"(1) Establishment authorized.—The Secretary of Defense may establish a foundation for the provision of assistance to the Department of Defense in providing support to military families with special needs.

"(2) Purposes.—The purposes of the foundation shall be to assist the Department of Defense as follows:

"(A) In conducting outreach to identify military families with special needs.

"(B) In developing programs to support and provide services to military families with special needs.

"(C) In developing educational curricula for the training of professional and paraprofessional personnel providing support and services on special needs to military families with special needs.

"(D) In conducting research on the following:

"(i) The unique factors associated with a military career (including deployments of members of the Armed Forces) and their effects on families and individuals with special needs.

"(ii) Evidence-based therapeutic and medical services for members of military families with special needs, including research in conjunction with non-Department of Defense entities such as the National Institutes of Health.

"(E) In providing vocational education and training for adolescent and adult members of military families with special needs.

"(F) In carrying out other initiatives to contribute to improved support for military families with special needs.

"(3) Department of defense funding.—The Secretary may provide the foundation such financial support as the Secretary considers appropriate, including the provision to the foundation of appropriated funds and non-appropriated funds available to the Department of Defense.

"(4) Annual report.—The foundation shall submit to the Secretary, and to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], each year a report on its activities under this subsection during the preceding year. Each report shall include, for the year covered by such report, the following:

"(A) A description of the programs and activities of the foundation.

"(B) The budget of the foundation, including the sources of any funds provided to the foundation.

"(5) Military family with special needs defined.—In this subsection, the term 'military family with special needs' has the meaning given such term in section 1781c(i) of title 10, United States Code (as added by subsection (a))."

Military Department Support for Local Centers To Assist Military Children With Special Needs

Pub. L. 111–84, div. A, title V, §563(c), as added Pub. L. 111–383, div. A, title V, §582(c)(2), Jan. 7, 2011, 124 Stat. 4227, provided that: "The Secretary of a military department may establish or support centers on or in the vicinity of military installations under the jurisdiction of such Secretary to coordinate and provide medical and educational services for children with special needs of members of the Armed Forces who are assigned to such installations."

Advisory Panel on Community Support for Military Families With Special Needs

Pub. L. 111–84, div. A, title V, §563(d), as added by Pub. L. 111–383, div. A, title V, §582(c)(2), Jan. 7, 2011, 124 Stat. 4227; amended by Pub. L. 117–81, div. A, title V, §562(a), Dec. 27, 2021, 135 Stat. 1746, provided that:

"(1) Establishment.—Not later than 90 days after the date of the enactment of this subsection [Jan. 7, 2011], the Secretary of Defense shall establish an advisory panel on community support for military families with special needs.

"(2) Members.—The advisory panel shall consist of nine individuals, appointed by the Secretary of Defense, who are each a member of a military family with special needs. In appointing individuals to the panel, the Secretary shall ensure that—

"(A) one individual is the spouse of an enlisted member;

"(B) one individual is the spouse of an officer in a grade below O-6;

"(C) one individual is a junior enlisted member;

"(D) one individual is a junior officer;

"(E) individuals reside in different geographic regions;

"(F) one individual is a member serving at a remote installation or is a member of the family of such a member; and

"(G) at least two individuals are members serving on active duty, each with a dependent who—

"(i) is enrolled in the Exceptional Family Member Program; and

"(ii) has an individualized education program.

"(3) Duties.—The advisory panel shall—

"(A) provide informed advice to the Director of the Office of Community Support for Military Families With Special Needs [now Office of Special Needs] on the implementation of the policy required by subsection (e) [now (d)] of section 1781c of title 10, United States Code, and on the discharge of the programs required by subsection (f) [now (e)] of such section;

"(B) assess and provide information to the Director on services and support for children with special needs that is available from other departments and agencies of the Federal Government and from State and local governments; and

"(C) otherwise advise and assist the Director in the discharge of the duties of the Office of Community Support for Military Families With Special Needs in such manner as the Secretary of Defense and the Director jointly determine appropriate.

"(4) Meetings.—The Director shall meet with the advisory panel at such times, and with such frequency, as the Director considers appropriate. The Director shall meet with the panel at least once each year. The Director may meet with the panel through teleconferencing or by other electronic means."

§1782. Surveys of military families

(a) Authority.—The Secretary of Defense, in order to determine the effectiveness of Federal programs relating to military families and the need for new programs, may conduct surveys of—

(1) members of the armed forces who are on active duty, in an active status, or retired;

(2) family members of such members; and

(3) survivors of deceased retired members and of members who died while on active duty.

(b) Responses To Be Voluntary.—Responses to surveys conducted under this section shall be voluntary.

(c) Federal Recordkeeping Requirements.—With respect to a survey authorized under subsection (a) that includes a person referred to in that subsection who is not an employee of the United States or is not otherwise considered an employee of the United States for the purposes of section 3502(3)(A)(i) of title 44, the person shall be considered as being an employee of the United States for the purposes of that section.

(d) Survey Required for Fiscal Year 2010.—Notwithstanding subsection (a), during fiscal year 2010, the Secretary of Defense shall conduct a survey otherwise authorized under such subsection. Thereafter, additional surveys may be conducted not less often than once every three fiscal years.

(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 330; amended Pub. L. 107–107, div. A, title V, §572, Dec. 28, 2001, 115 Stat. 1122; Pub. L. 110–181, div. A, title V, §581(c), Jan. 28, 2008, 122 Stat. 122.)

Editorial Notes

Amendments

2008—Subsec. (d). Pub. L. 110–181 added subsec. (d).

2001—Subsec. (a). Pub. L. 107–107, §572(a), reenacted heading without change and amended text generally. Text read as follows: "The Secretary of Defense may conduct surveys of members of the armed forces on active duty or in an active status, members of the families of such members, and retired members of the armed forces to determine the effectiveness of Federal programs relating to military families and the need for new programs."

Subsec. (c). Pub. L. 107–107, §572(b), reenacted heading without change and amended text generally. Text read as follows: "With respect to such surveys, family members of members of the armed forces and reserve and retired members of the armed forces shall be considered to be employees of the United States for purposes of section 3502(3)(A)(i) of title 44."

§1783. Family members serving on advisory committees

A committee within the Department of Defense which advises or assists the Department in the performance of any function which affects members of military families and which includes members of military families in its membership shall not be considered an advisory committee under section 1001(2) of title 5 solely because of such membership.

(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 330; amended Pub. L. 117–286, §4(a)(50), Dec. 27, 2022, 136 Stat. 4311.)

Editorial Notes

Amendments

2022—Pub. L. 117–286 substituted "section 1001(2) of title 5" for "section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)".

§1784. Employment opportunities for military spouses

(a) Authority.—The President shall order such measures as the President considers necessary to increase employment opportunities for spouses of members of the armed forces. Such measures may include—

(1) excepting, pursuant to section 3302 of title 5, from the competitive service positions in the Department of Defense located outside of the United States to provide employment opportunities for qualified spouses of members of the armed forces in the same geographical area as the permanent duty station of the members; and

(2) providing preference in hiring for positions in nonappropriated fund activities to qualified spouses of members of the armed forces stationed in the same geographical area as the nonappropriated fund activity for positions in wage grade UA–8 and below and equivalent positions and for positions paid at hourly rates.

(b) Regulations.—The Secretary of Defense shall prescribe regulations—

(1) to implement such measures as the President orders under subsection (a);

(2) to provide preference to qualified spouses of members of the armed forces in hiring for any civilian position in the Department of Defense if the spouse is among persons determined to be best qualified for the position and if the position is located in the same geographical area as the permanent duty station of the member;

(3) to ensure that notice of any vacant position in the Department of Defense is provided in a manner reasonably designed to reach spouses of members of the armed forces whose permanent duty stations are in the same geographic area as the area in which the position is located; and

(4) to ensure that the spouse of a member of the armed forces who applies for a vacant position in the Department of Defense shall, to the extent practicable, be considered for any such position located in the same geographic area as the permanent duty station of the member.

(c) Status of Preference Eligibles.—Nothing in this section shall be construed to provide a spouse of a member of the armed forces with preference in hiring over an individual who is a preference eligible.

(d) Space-Available Use of Facilities for Spouse Training Purposes.—Under regulations prescribed by the Secretary of Defense, the Secretary of a military department may make available to a non-Department of Defense entity space in non-excess facilities controlled by that Secretary for the purpose of the non-Department of Defense entity providing employment-related training for military spouses.

(e) Employment by Other Federal Agencies.—The Secretary of Defense shall work with the Director of the Office of Personnel Management and the heads of other Federal departments and agencies to expand and facilitate the use of existing Federal programs and resources in support of military spouse employment.

(f) Private-Sector Employment.—The Secretary of Defense—

(1) shall seek to develop partnerships with firms in the private sector to enhance employment opportunities for spouses of members of the armed forces and to provide for improved job portability for such spouses, especially in the case of the spouse of a member of the armed forces accompanying the member to a new geographical area because of a change of permanent duty station of the member; and

(2) shall work with the United States Chamber of Commerce and other appropriate private-sector entities to facilitate the formation of such partnerships.

(g) Employment With DOD Contractors.—The Secretary of Defense shall examine and seek ways for incorporating hiring preferences for qualified spouses of members of the armed forces into contracts between the Department of Defense and private-sector entities.

(h) Improvement of Occupational License Portability Through Interstate Compacts.—

(1) In general.—The Secretary of Defense shall seek to enter into a cooperative agreement with the Council of State Governments to assist with funding of the development of interstate compacts on licensed occupations in order to alleviate the burden associated with relicensing in such an occupation by spouse of a members of the armed forces in connection with a permanent change of duty station of members to another State.

(2) Limitation on assistance per compact.—The amount provided under paragraph (1) as assistance for the development of any particular interstate compact may not exceed $1,000,000.

(3) Limitation on total amount of assistance.—The total amount of assistance provided under paragraph (1) in any fiscal year may not exceed $4,000,000.

(4) Annual report.—Not later than February 28 each year, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on interstate compacts described in paragraph (1) developed through assistance provided under that paragraph. Each report shall set forth the following:

(A) Any interstate compact developed during the preceding calendar year, including the occupational licenses covered by such compact and the States agreeing to enter into such compact.

(B) Any interstate compact developed during a prior calendar year into which one or more additional States agreed to enter during the preceding calendar year.

(5) Expiration.—The authority to enter into a cooperative agreement under paragraph (1), and to provide assistance described in that paragraph pursuant to such cooperative agreement, expires on September 30, 2024.

(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 330; amended Pub. L. 107–107, div. A, title V, §571(c), Dec. 28, 2001, 115 Stat. 1121; Pub. L. 116–92, div. A, title V, §575, Dec. 20, 2019, 133 Stat. 1405; Pub. L. 116–283, div. A, title X, §1081(a)(33), Jan. 1, 2021, 134 Stat. 3872.)

Editorial Notes

Amendments

2021—Subsec. (h)(5). Pub. L. 116–283 substituted "expires" for "expire".

2019—Subsec. (h). Pub. L. 116–92 added subsec. (h).

2001—Subsecs. (d) to (g). Pub. L. 107–107 added subsecs. (d) to (g).

Statutory Notes and Related Subsidiaries

Pilot Program To Establish Employment Fellowship Opportunities for Military Spouses

Pub. L. 117–81, div. A, title V, §564, Dec. 27, 2021, 135 Stat. 1748, provided that:

"(a) Establishment.—Not later than one year after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of Defense may establish a three-year pilot program to provide employment support to the spouses of members of the Armed Forces through a paid fellowship with employers across a variety of industries. In carrying out the pilot program, the Secretary shall take the following steps:

"(1) Enter into a contract or other agreement to conduct a career fellowship pilot program for military spouses.

"(2) Determine the appropriate capacity for the pilot program based on annual funding availability.

"(3) Establish evaluation criteria to determine measures of effectiveness and cost-benefit analysis of the pilot program in supporting military spouse employment.

"(b) Limitation on Total Amount of Assistance.—The total amount of the pilot program may not exceed $5,000,000 over the life of the pilot.

"(c) Reports.—Not later than two years after the Secretary establishes the pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report that includes the following elements:

"(1) The number of spouses who participated in the pilot program annually.

"(2) The amount of funding spent through the pilot program annually.

"(3) A recommendation of the Secretary regarding whether to discontinue, expand, or make the pilot program permanent.

"(d) Final Report.—Not later than 180 days after the pilot program ends, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report that includes the following elements:

"(1) The number of spouses who participated in the pilot program.

"(2) The amount of funding spent through the pilot program.

"(3) An evaluation of outcomes.

"(4) A recommendation of the Secretary regarding whether to make the pilot program permanent.

"(e) Termination.—The pilot program shall terminate three years after the date on which the Secretary establishes the pilot program."

Implementation of GAO Recommendation on Improved Communication of Best Practices To Engage Military Spouses With Career Assistance Resources

Pub. L. 117–81, div. A, title V, §566, Dec. 27, 2021, 135 Stat. 1749, provided that:

"(a) Plan Required.—The Secretary of Defense shall develop a plan to implement the recommendation of the Comptroller General of the United States, to address strategies for sharing information on outreach to military spouses regarding career assistance resources, in the report of the Government Accountability Office titled 'Military Spouse Employment: DOD Should Continue Assessing State Licensing Practices and Increase Awareness of Resources' (GAO–21–193). The plan shall include the following elements:

"(1) A summary of actions that have been taken to implement the recommendation.

"(2) A summary of actions that will be taken to implement the recommendation, including how the Secretary plans to—

"(A) engage military services and installations, members of the Spouse Ambassador Network, and other local stakeholders to obtain information on the outreach approaches and best practices used by military installations and stakeholders;

"(B) overcome factors that may limit use of best practices;

"(C) disseminate best practices to relevant stakeholders; and

"(D) identify ways to and better coordinate with the Secretaries of Veterans Affairs, Labor, and Housing and Urban Development; and

"(E) a schedule, with specific milestones, for completing implementation of the recommendation.

"(b) Implementation; Deadline.—Not later than 18 months after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of Defense shall carry out activities to implement the plan developed under subsection (a)."

Pilot Program on Direct Hire Authority for Spouses of Members of the Uniformed Services at Locations Outside the United States

Pub. L. 117–81, div. A, title VI, §625, Dec. 27, 2021, 135 Stat. 1772, provided that:

"(a) In General.—The Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of using the authority under subsection (b) to hire spouses of members of the uniformed services at locations outside the United States.

"(b) Authority.—In carrying out the pilot program under this section, the Secretary may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code (other than sections 3303 and 3328 of such chapter), a spouse of a member of the uniformed services stationed at a duty location outside the United States to a position described in subsection (c) if—

"(1) the spouse has been authorized to accompany the member to the duty location at Government expense; and

"(2) the duty location is within reasonable commuting distance, as determined by the Secretary concerned, of the location of the position.

"(c) Position Described.—A position described in this subsection is a competitive service position within the Department of Defense that is located outside the United States.

"(d) Term of Appointment.—

"(1) In general.—An appointment made under this section shall be for a term not exceeding two years.

"(2) Renewal.—The Secretary of Defense may renew an appointment made under this section for not more than two additional terms, each not exceeding two years.

"(3) Termination.—An appointment made under this section shall terminate on the date on which the member of the uniformed services relocates back to the United States in connection with a permanent change of station.

"(e) Payment of Travel and Transportation Allowances.—Nothing in this section may be construed to authorize additional travel or transportation allowances in connection with an appointment made under this section.

"(f) Relationship to Other Law.—Nothing in this section may be construed to interfere with—

"(1) the authority of the President under section 3304 of title 5, United States Code;

"(2) the authority of the President under section 1784 of title 10, United States Code;

"(3) the ability of the head of an agency to make noncompetitive appointments pursuant to section 3330d of title 5, United States Code; or

"(4) any obligation under any applicable treaty, status of forces agreement, or other international agreement between the United States Government and the government of the country in which the position is located.

"(g) Reports Required.—

"(1) In general.—Not later than one year after the date of the enactment of this Act [Dec. 27, 2021], and annually thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report setting forth the following:

"(A) The number of individuals appointed under this section.

"(B) The position series and grade to which each individual described in subparagraph (A) was appointed.

"(C) Demographic data on the individuals described in subparagraph (A), including with respect to race, gender, age, and education level attained.

"(D) Data on the members of the uniformed services whose spouses have been appointed under this section, including the rank of each such member.

"(E) Such recommendations for legislative or administrative action as the Secretary considers appropriate relating to continuing or expanding the pilot program.

"(2) Final report.—Not later than December 31, 2026, the Secretary shall submit to the appropriate committees of Congress a final report setting forth the information under paragraph (1).

"(h) Termination.—The pilot program under this section shall terminate on December 31, 2026.

"(i) Definitions.—In this section:

"(1) Appropriate committees of congress.—The term 'appropriate committees of Congress' means—

"(A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and

"(B) the Committee on Armed Services and the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives.

"(2) Secretary concerned.—The term 'Secretary concerned'—

"(A) has the meaning given the term in section 101(a)(9) of title 10, United States Code; and

"(B) includes—

"(i) the Secretary of Commerce, with respect to matters concerning the commissioned officer corps of the National Oceanic and Atmospheric Administration; and

"(ii) the Secretary of Health and Human Services, with respect to matters concerning the commissioned corps of the Public Health Service.

"(3) Uniformed services.—The term 'uniformed services' has the meaning given the term in section 101(a)(5) of title 10, United States Code.

"(4) United states.—The term 'United States' has the meaning given that term in section 101(a)(1) of title 10, United States Code."

Improvements to Partner Criteria of the Military Spouse Employment Partnership Program

Pub. L. 116–283, div. A, title V, §587, Jan. 1, 2021, 134 Stat. 3655, provided that:

"(a) Evaluation; Updates.—Not later than 180 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall evaluate the partner criteria set forth in the Military Spouse Employment Partnership Program (in this section referred to as the 'MSEP Program') and implement updates that the Secretary determines will improve such criteria without diminishing the need for partners to exhibit sound business practices, broad diversity efforts, and relative financial stability. Such updates may expand the number of the following entities that meet such criteria:

"(1) Institutions of primary, secondary, and higher education.

"(2) Software and coding companies.

"(3) Local small businesses.

"(4) Companies that employ telework.

"(b) New Partnerships.—Upon completion of the evaluation under subsection (a), the Secretary, in consultation with the Department of Labor, shall seek to enter into agreements with entities described in paragraphs (1) through (4) of subsection (a) that are located near military installations (as that term is defined in section 2687 of title 10, United States Code).

"(c) Review; Report.—Not later than one year after implementation under subsection (a), the Secretary shall review updates under subsection (a) and publish a report regarding such review on a publicly-accessible website of the Department of Defense. Such report shall include the following:

"(1) The results of the evaluation of the MSEP Program, including the implementation plan for any change to partnership criteria.

"(2) Data on the new partnerships undertaken as a result of the evaluation, including the type, size, and location of the partner entities.

"(3) Data on the utility of the MSEP Program, including—

"(A) the number of military spouses who have applied through the MSEP Program;

"(B) the average length of time a job is available before being filled or removed from the MSEP Program portal; and

"(C) the average number of new jobs posted on the MSEP Program portal each month."

Pilot Program on Public-private Partnerships for Telework Facilities for Military Spouses on Military Installations Outside the United States

Pub. L. 115–91, div. A, title V, §560, Dec. 12, 2017, 131 Stat. 1406, provided that:

"(a) In General.—Commencing not later than one year after the date of the enactment of this Act [Dec. 12, 2017], the Secretary of Defense shall carry out a pilot program to assess the feasability and advisability of providing telework facilities for military spouses on military installations outside the United States. The Secretary shall consult with the host nation or nations concerned in carrying out the pilot program.

"(b) Number of Installations.—The Secretary shall carry out the pilot program at not less than two military installations outside the United States selected by the Secretary for purposes of the pilot program.

"(c) Duration.—The duration of the pilot program shall be a period selected by the Secretary, but not more than three years.

"(d) Elements.—The pilot program shall include the following elements:

"(1) The pilot program shall be conducted as one or more public-private partnerships between the Department of Defense and a private corporation or partnership of private corporations.

"(2) The corporation or corporations participating in the pilot program shall contribute to the carrying out of the pilot program an amount equal to the amount committed by the Secretary to the pilot program at the time of its commencement.

"(3) The Secretary shall enter into one or more memoranda of understanding with the corporation or corporations participating in the pilot program for purposes of the pilot program, including the amounts to be contributed by such corporation or corporations pursuant to paragraph (2).

"(4) The telework undertaken by military spouses under the pilot program may only be for United States companies.

"(5) The pilot program shall permit military spouses to provide administrative, informational technology, professional, and other necessary support to companies through telework from Department installations outside the United States.

"(e) Funding.—Of the amount authorized to be appropriated for fiscal year 2018 by section 421 [131 Stat. 1370] and available for military personnel as specified in the funding table in section 4401 [131 Stat. 1996], up to $1,000,000 may be available to carry out the pilot program, including entry into memoranda of understanding pursuant to subsection (d)(3) and payment by the Secretary of the amount committed by the Secretary to the pilot program pursuant to subsection (d)(2)."

Improved Data Collection Related to Efforts To Reduce Underemployment of Spouses of Members of the Armed Forces and Close the Wage Gap Between Military Spouses and Their Civilian Counterparts

Pub. L. 113–291, div. A, title V, §568, Dec. 19, 2014, 128 Stat. 3386, provided that:

"(a) Data Collection Efforts.—In addition to monitoring the number of spouses of members of the Armed Forces who obtain employment through military spouse employment programs, the Secretary of Defense shall collect data to evaluate the effectiveness of military spouse employment programs—

"(1) in addressing the underemployment of military spouses;

"(2) in matching military spouses' education and experience to available employment positions; and

"(3) in closing the wage gap between military spouses and their civilian counterparts.

"(b) Report Required.—Not later than one year after the date of the enactment of this Act [Dec. 19, 2014], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report evaluating the progress of military spouse employment programs—

"(1) in reducing military spouse unemployment and underemployment; and

"(2) in reducing the wage gap between military spouses and their civilian counterparts.

"(c) Military Spouse Employment Programs Defined.—In this section, the term 'military spouse employment programs' means the Military Spouse Employment Partnership (MSEP)."

Pilot Program To Secure Internships for Military Spouses With Federal Agencies

Pub. L. 111–84, div. A, title V, §564, Oct. 28, 2009, 123 Stat. 2308, provided that:

"(a) Cost-reimbursement Agreements With Federal Agencies.—The Secretary of Defense may enter into an agreement with the head of an executive department or agency that has an established internship program to reimburse the department or agency for authorized costs associated with the first year of employment of an eligible military spouse who is selected to participate in the internship program of the department or agency.

"(b) Eligible Military Spouses.—

"(1) Eligibility.—Except as provided in paragraph (2), any person who is married to a member of the Armed Forces on active duty is eligible for selection to participate in an internship program under a reimbursement agreement entered into under subsection (a).

"(2) Exclusions.—Reimbursement may not be provided with respect to the following persons:

"(A) A person who is legally separated from a member of the Armed Forces under court order or statute of any State, the District of Columbia, or possession of the United States when the person begins the internship.

"(B) A person who is also a member of the Armed Forces on active duty.

"(C) A person who is a retired member of the Armed Forces.

"(c) Funding Source.—Amounts authorized to be appropriated for operation and maintenance, for Defense-wide activities, shall be available to carry out this section.

"(d) Definitions.—In this section:

"(1) The term 'authorized costs' includes the costs of the salary, benefits and allowances, and training for an eligible military spouse during the first year of the participation of the military spouse in an internship program pursuant to an agreement under subsection (a).

"(2) The term 'internship' means a professional, analytical, or administrative position in the Federal Government that operates under a developmental program leading to career advancement.

"(e) Termination of Agreement Authority.—No agreement may be entered into under subsection (a) after September 30, 2011. Authorized costs incurred after that date may be reimbursed under an agreement entered into before that date in the case of eligible military spouses who begin their internship by that date.

"(f) Reporting Requirement.—Not later than January 1, 2012, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that provides information on how many eligible military spouses received internships pursuant to agreements entered into under subsection (a) and the types of internship positions they occupied. The report shall specify the number of interns who subsequently obtained permanent employment with the department or agency administering the internship program or with another department or agency. The Secretary shall include a recommendation regarding whether, given the investment of Department of Defense funds, the authority to enter into agreements should be extended, modified, or terminated."

Continuation of Delegation of Authority With Respect to Hiring Preference for Qualified Military Spouses

Pub. L. 104–106, div. A, title V, §568(d), Feb. 10, 1996, 110 Stat. 336, provided that: "The provisions of Executive Order No. 12568, issued October 2, 1986 (10 U.S.C. 113 note) [set out below], shall apply as if the reference in that Executive order to section 806(a)(2) of the Department of Defense Authorization Act of 1986 refers to section 1784 of title 10, United States Code, as added by subsection (a)."

Executive Documents

Ex. Ord. No. 12568. Employment Opportunities for Military Spouses at Nonappropriated Fund Activities

Ex. Ord. No. 12568, Oct. 2, 1986, 51 F.R. 35497, provided:

By the authority vested in me as President by the laws of the United States of America, including section 301 of Title 3 of the United States Code, it is ordered that the Secretary of Defense and, as designated by him for this purpose, any of the Secretaries, Under Secretaries, and Assistant Secretaries of the Military Departments, are hereby empowered to exercise the discretionary authority granted to the President by subsection 806(a)(2) of the Department of Defense Authorization Act of 1986, Public Law No. 99–145 [formerly set out as a note under section 113 of this title, now deemed to refer to this section, see above], to give preference in hiring for positions in nonappropriated fund activities to qualified spouses of members of the Armed Forces stationed in the same geographical area as the nonappropriated fund activity for positions in wage grade UA–8 and below and equivalent positions and for positions paid at hourly rates.

Ronald Reagan.      

§1784a. Education and training opportunities for military spouses to expand employment and portable career opportunities

(a) Programs and Tuition Assistance.—(1) The Secretary of Defense may establish programs to assist the spouse of a member of the armed forces described in subsection (b) in achieving—

(A) the education and training required for a degree or credential at an accredited college, university, or technical school in the United States that expands employment and portable career opportunities for the spouse; or

(B) the education prerequisites and professional licensure or credential required, by a government or government sanctioned licensing body, for an occupation that expands employment and portable career opportunities for the spouse.

(2) As an alternative to, or in addition to, establishing a program under this subsection, the Secretary may provide tuition assistance to an eligible spouse who is pursuing education, training, or a license or credential to expand the spouse's employment and portable career opportunities.

(b) Eligible Spouses.—(1) Assistance under this section is limited to a spouse of a member of the armed forces who is serving on active duty.

(2) A spouse who is eligible for a program under this section and begins a course of education or training for a degree, license, or credential described in subsection (a) may not become ineligible to complete such course of education or training solely because the member to whom the spouse is married is promoted to a higher grade.

(c) Exceptions.—Subsection (b) does not include—

(1) a person who is married to, but legally separated from, a member of the armed forces under court order or statute of any State or territorial possession of the United States; and

(2) a spouse of a member of the armed forces who is also a member of the armed forces.

(d) Doula and IBCLC Certifications.—In carrying out the programs authorized by subsection (a), the Secretary shall provide assistance to the spouse of a member of the armed forces described in subsection (b) with obtaining certification—

(1) as a doula or International Board Certified Lactation Consultant; and

(2) provided by an organization that receives reimbursement under the extramedical maternal health providers demonstration project required by section 746 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 1073 note).

(e) Portable Career Opportunities Defined.—In this section, the term "portable career" includes an occupation identified by the Secretary of Defense, in consultation with the Secretary of Labor, as requiring education and training that results in a credential that is recognized nationwide by industry or specific businesses.

(f) Regulations.—The Secretary of Defense shall prescribe regulations to govern the availability and use of assistance under this section. The Secretary shall ensure that programs established under this section do not result in inequitable treatment for spouses of members of the armed forces who are also members, since they are excluded from participation in the programs under subsection (c)(2).

(Added Pub. L. 110–417, [div. A], title V, §582(a), Oct. 14, 2008, 122 Stat. 4473; amended Pub. L. 116–92, div. A, title V, §576, Dec. 20, 2019, 133 Stat. 1406; Pub. L. 118–31, div. A, title VI, §634, Dec. 22, 2023, 137 Stat. 297.)

Editorial Notes

Amendments

2023—Subsecs. (d) to (f). Pub. L. 118–31 added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.

2019—Subsec. (b). Pub. L. 116–92 designated existing provisions as par. (1) and added par. (2).

Statutory Notes and Related Subsidiaries

First Expansion of the My Career Advancement Account Program for Military Spouses

Pub. L. 116–92, div. A, title V, §580F, Dec. 20, 2019, 133 Stat. 1410, as amended by Pub. L. 116–283, div. A, title V, §586, Jan. 1, 2021, 134 Stat. 3655, provided that:

"(a) Professional License or Certification; Associate's Degree.—The Secretary of Defense shall modify the My Career Advancement Account program of the Department of Defense to ensure that military spouses participating in the program may receive financial assistance for the pursuit or maintenance (including continuing education courses) of a license, certification, or Associate's degree in any career field or occupation.

"(b) National Testing.—Financial assistance under subsection (a) may be applied to the costs of national tests that may earn a participating military spouse course credits required for a degree approved under the program (including the College Level Examination Program tests)."

Improvement of My Career Advancement Account Program for Military Spouses

Pub. L. 115–232, div. A, title V, §574, Aug. 13, 2018, 132 Stat. 1780, provided that:

"(a) Outreach on Availability of Program.—The Secretary of Defense shall take appropriate actions to ensure that military spouses who are eligible for participation in the My Career Advancement Account program of the Department of Defense are, to the extent practicable, made aware of the program.

"(b) Comptroller General Report.—Not later than 180 days after the date of the enactment of this Act [Aug. 13, 2018], the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth such recommendations as the Comptroller General considers appropriate regarding the following:

"(1) Mechanisms to increase awareness of the My Career Advancement Account program of the Department of Defense among military spouses who are eligible to participate in the program.

"(2) Mechanisms to increase participation in the My Career Advancement Account program among military spouses who are eligible to participate in the program.

"(c) Training for Installation Career Counselors on Program.—The Secretaries of the military departments shall take appropriate actions to ensure that career counselors at military installations receive appropriate training and current information on eligibility for and use of benefits under the My Career Advancement Account program, including financial assistance to cover costs associated with professional recertification, portability of occupational licenses, professional credential exams, and other mechanisms in connection with the portability of professional licenses."

§1785. Youth sponsorship program

(a) Requirement.—The Secretary of Defense shall require that there be at each military installation a youth sponsorship program to facilitate the integration of dependent children of members of the armed forces into new surroundings when moving to that military installation as a result of a parent's permanent change of station.

(b) Description of Programs.—The program at each installation shall provide for involvement of dependent children of members presently stationed at the military installation and shall be directed primarily toward children in their preteen and teenage years.

(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 331.)

§1786. Dependent student travel within the United States

Funds available to the Department of Defense for the travel and transportation of dependent students of members of the armed forces stationed overseas may be obligated for transportation allowances for travel within or between the contiguous States.

(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 331.)

§1787. Reporting of child abuse

(a) In General.—The Secretary of Defense shall request each State to provide for the reporting to the Secretary of any report the State receives of known or suspected instances of child abuse and neglect in which the person having care of the child is a member of the armed forces (or the spouse of the member).

(b) Definition.—In this section, the term "child abuse and neglect" has the meaning provided in section 3 of the Child Abuse Prevention and Treatment Act (Public Law 93–247; 42 U.S.C. 5101 note).

(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 331; amended Pub. L. 112–239, div. A, title X, §1076(d)(2), Jan. 2, 2013, 126 Stat. 1951.)

Editorial Notes

Amendments

2013—Subsec. (b). Pub. L. 112–239 substituted "section 3" for "section 3(1)" and "Public Law 93–247; 42 U.S.C. 5101 note" for "42 U.S.C. 5102".

Statutory Notes and Related Subsidiaries

Improvements to Department of Defense Tracking of and Response to Incidents of Child Abuse, Adult Crimes Against Children, and Serious Harmful Behavior Between Children and Youth Involving Military Dependents on Military Installations

Pub. L. 116–283, div. A, title V, §549B, Jan. 1, 2021, 134 Stat. 3621, provided that:

"(a) Improvements Required.—

"(1) In general.—The Secretary of Defense shall, consistent with recommendations of the Comptroller General of the United States in Government Accountability Office report GA0–20–110, take actions in accordance with this section in order to improve the efforts of the Department of Defense to track and respond to incidents of serious harm to children involving dependents of members of the Armed Forces that occur on military installations (in this section referred to as 'covered incidents of serious harm to children').

"(2) Serious harm to children defined.—In this section, the term 'serious harm to children' includes the following:

"(A) Caregiver child abuse involving physical abuse, sexual abuse, emotional abuse, or neglect.

"(B) Non-caregiver adult crimes against children.

"(C) Serious harmful behaviors between children and youth of a physical, sexual, or emotional nature.

"(b) Data Collection and Tracking of Incidents of Harm to Children.—

"(1) Non-caregiver adult crimes against children.—The Secretary of Defense shall establish a process for the Department of Defense to track reported covered incidents of serious harm to children described in subsection (a)(2)(B) in which the alleged offender is an adult who is not a parent, guardian, or someone in a caregiving role at the time of the incident. The information so tracked shall comport with the information tracked by the Department in reported covered incidents of serious harm to children in which the alleged offender is a parent, guardian, or someone in a caregiving role at the time of the incident.

"(2) Serious harmful behaviors between children and youth.—

"(A) In general.—The Secretary of Defense shall develop and maintain in the Department of Defense a centralized database to track incidents of serious harmful behaviors between children and youth described in subsection (a)(2)(C), including information across the Department on problematic sexual behavior in children and youth that are reported to an appropriate office, as determined by the Secretary, or investigated by a military criminal investigative organization, regardless of whether the alleged offender was another child, an adult, or someone in a non-caregiving role at the time of an incident.

"(B) Elements.—The centralized database required by this paragraph shall include, for each incident within the database, the following:

"(i) Information pertinent to a determination by the Department on whether such incident meets the definition of an incident of serious harmful behavior between children and youth.

"(ii) The results of any investigation of such incident by a military criminal investigative organization.

"(iii) Information on the ultimate disposition of the incident, if any, including any administrative or prosecutorial action taken.

"(C) Annual reports on information.—The information collected and maintained in the centralized database required by this paragraph shall be reported on an annual basis as part of the annual reports by the Secretary on child abuse and domestic abuse in the military as required by section 574 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2141).

"(D) Briefings.—Not later than March 31, 2021, and every six months thereafter until the centralized database required by this paragraph is fully operational, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the status of the database.

"(3) Department of defense reporting guidance.—The Secretary of Defense shall issue guidance regarding which incidents of serious harmful behavior between children and youth require reporting to the Family Advocacy Program, a military criminal investigative organization, or another component of the Department of Defense designated by the Secretary.

"(c) Response Procedures for Incidents of Serious Harm to Children Reported to Family Advocacy Programs.—

"(1) Incident determination committee membership.—The Secretary of Defense shall ensure that the voting membership of each Incident Determination Committee, as defined in paragraph (7), on a military installation includes medical personnel with the knowledge and expertise required to determine whether a reported incident of serious harm to a child meets the criteria of the Department of Defense for treatment as child abuse.

"(2) Screening reported incidents of serious harm to children.—

"(A) Development of standardized process.—The Secretary of Defense shall develop a standardized process by which the Family Advocacy Programs of the military departments screen reported covered incidents of serious harm to children to determine whether to present such incident to an Incident Determination Committee.

"(B) Monitoring.—The Secretary of each military department shall develop a process to monitor the manner in which reported incidents of serious harm to children are screened by each installation under the jurisdiction of such Secretary in order to ensure that such screening complies with the standardized screening process developed pursuant to subparagraph (A).

"(3) Required notifications.—

"(A) Documentation.—The Secretary of each military department shall require that installation Family Advocacy Programs and military criminal investigative organizations under the jurisdiction of such Secretary document in their respective databases the date on which they notified the other of a reported incident of serious harm to a child.

"(B) Oversight.—The Secretary of each military department shall require that the Family Advocacy Program of such military department, and the headquarters of the military criminal investigative organizations of such military department, develop processes to oversee the documentation of notifications required by subparagraph (A) in order to ensure that such notifications occur on a consistent basis at installation level.

"(4) Certified pediatric sexual assault forensic examiners.—

"(A) Geographic regions for examiners.—The Secretary of Defense shall specify geographic regions in which military families reside for purposes of the availability of and access to certified pediatric sexual assault examiners in such regions.

"(B) Availability.—The Secretary shall ensure that—

"(i) one or more certified pediatric sexual assault examiners are located in each geographic region specified pursuant to subparagraph (A); and

"(ii) examiners so located serve as certified pediatric sexual assault examiners throughout such region, without regard to Armed Force or installation.

"(5) Removal of children from unsafe homes overseas.—The Secretary of Defense shall issue policy that clarifies and standardizes across the Armed Forces the circumstances under which a commander may remove a child from a potentially unsafe home at an installation overseas.

"(6) Resource guide for victims of serious harm to children.—

"(A) In general.—The Secretary of each military department shall develop and maintain a comprehensive guide on resources available through the Department of Defense and such military department for military families under the jurisdiction of such Secretary who are victims of serious harm to children.

"(B) Elements.—Each guide under this paragraph shall include the following:

"(i) Information on the response processes of the Family Advocacy Programs and military criminal investigative organizations of the military department concerned.

"(ii) Lists of available support services, such as legal, medical, and victim advocacy services, through the Department of Defense and the military department concerned.

"(C) Distribution.—A resource guide under this paragraph shall be presented to a military family by an installation Family Advocacy Program and military criminal investigative personnel when a covered incident of serious harm to a child involving a child in such family is reported.

"(D) Availability on internet.—A current version of each resource guide under this paragraph shall be available to the public on an Internet website of the military department concerned available to the public.

"(7) Incident determination committee defined.—In this subsection, the term 'Incident Determination Committee' means a committee established at a military installation that is responsible for reviewing reported incidents of child abuse and determining whether such incidents constitute serious harm to children according to the applicable criteria of the Department of Defense.

"(d) Coordination and Collaboration With Non-military Resources.—

"(1) Consultation with states.—The Secretary of Defense shall—

"(A) continue the outreach efforts of the Department of Defense to the States in order to ensure that States are notified when a member of the Armed Forces or a military dependent is involved in a reported incident of serious harm to a child off a military installation; and

"(B) increase efforts at information sharing between the Department and the States on such incidents of serious harm to children, including entry into memoranda of understanding with State child welfare agencies on information sharing in connection with such incidents.

"(2) Collaboration with national children's alliance.—

"(A) Memoranda of understanding.—The Secretary of each military department shall seek to enter into a memorandum of understanding with the National Children's Alliance, or similar organization, under which—

"(i) the children's advocacy center services of the Alliance are available to all installations in the continental United States under the jurisdiction of such Secretary; and

"(ii) members of the Armed Forces under the jurisdiction of such Secretary are made aware of the nature and availability of such services.

"(B) Participation of certain entities.—Each memorandum of understanding under this paragraph shall provide for the appropriate participation of the Family Advocacy Program and military criminal investigative organizations of the military department concerned in activities under such memorandum of understanding.

"(C) Briefing.—Not later than one year after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of each military department shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the development of a memorandum of understanding with the National Children's Alliance under this paragraph, together with information on which installations, if any, under the jurisdiction of such Secretary have entered into a written agreement with a local children's advocacy center with respect to serious harm to children on such installations."

Reporting on Allegations of Child Abuse in Military Families and Homes

Pub. L. 114–328, div. A, title V, §575(a), Dec. 23, 2016, 130 Stat. 2142, provided that:

"(a) Reports to Family Advocacy Program Offices.—

"(1) In general.—The following information shall be reported immediately to the Family Advocacy Program office at the military installation to which the member of the Armed Forces concerned is assigned:

"(A) Credible information (which may include a reasonable belief), obtained by any individual within the chain of command of the member, that a child in the family or home of the member has suffered an incident of child abuse.

"(B) Information, learned by a member of the Armed Forces engaged in a profession or activity described in section 226(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13031(b)) [now 34 U.S.C. 20341(b)] for members of the Armed Forces and their dependents, that gives reason to suspect that a child in the family or home of the member has suffered an incident of child abuse.

"(2) Regulations.—The Secretary of Defense and the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall jointly prescribe regulations to carry out this subsection.

"(3) Child abuse defined.—In this subsection, the term 'child abuse' has the meaning given that term in section 226(c) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13031(c)) [now 34 U.S.C. 20341(c)]."

Plan for Implementation of Accreditation Requirement

Pub. L. 104–106, div. A, title V, §568(c), Feb. 10, 1996, 110 Stat. 335, directed Secretary of Defense to submit to Congress, not later than Apr. 1, 1997, a plan for carrying out the requirements of this section.

§1788. Additional family assistance

(a) Authority.—The Secretary of Defense may provide for the families of members of the armed forces serving on active duty, in addition to any other assistance available for such families, any assistance that the Secretary considers appropriate to ensure that the children of such members obtain needed child care, education, and other youth services.

(b) Primary Purpose of Assistance.—The assistance authorized by this section should be directed primarily toward providing needed family support, including child care, education, and other youth services, for children of members of the armed forces who are deployed, assigned to duty, or ordered to active duty in connection with a contingency operation.

(Added Pub. L. 107–314, div. A, title VI, §652(a)(1), Dec. 2, 2002, 116 Stat. 2581; amended Pub. L. 111–383, div. A, title X, §1075(b)(25), Jan. 7, 2011, 124 Stat. 4370.)

Editorial Notes

Amendments

2011—Subsec. (b). Pub. L. 111–383 substituted "armed forces" for "Armed Forces".

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 107–314, div. A, title VI, §652(b), Dec. 2, 2002, 116 Stat. 2581, provided that: "Section 1788 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 2002."

Pilot Program for Military Families: Prevention of Child Abuse and Training on Safe Childcare Practices

Pub. L. 115–232, div. A, title V, §578, Aug. 13, 2018, 132 Stat. 1783, provided that:

"(a) Pilot Program.—

"(1) Purpose.—In order to reduce child abuse and fatalities due to abuse or neglect in covered households, the Secretary of Defense, acting through the Defense Health Agency, shall carry out a pilot program to—

"(A) provide information regarding safe childcare practices to covered households;

"(B) identify and assess risk factors for child abuse in covered households; and

"(C) facilitate connections between covered households and community resources.

"(2) Prohibition on delegation.—The Secretary may not carry out the pilot program through the Family Advocacy Program.

"(3) Locations.—The Secretary shall carry out the pilot program at no fewer than five military installations that reflect a range of characteristics including the following:

"(A) Urban location.

"(B) Rural location.

"(C) Large population.

"(D) Small population.

"(E) High incidence of child abuse, neglect, or both.

"(F) Low incidence of child abuse, neglect, or both.

"(G) Presence of a hospital or clinic.

"(H) Lack of a hospital or clinic.

"(I) Joint installation.

"(J) Serving only one Armed Force.

"(4) Term.—The pilot program shall terminate two years after implementation.

"(5) Design.—The Secretary shall design the pilot program in consultation with military family groups to respond to the needs of covered households.

"(6) Elements.—The pilot program shall include the following elements:

"(A) Postnatal services, including screening to identify family needs and potential risk factors, and make referrals to appropriate community services with the use of the electronic data described in subparagraphs (F) and (G).

"(B) The Secretary shall identify at least three approaches to screening, identification, and referral under subparagraph (A) that empirically improve outcomes for parents and infants.

"(C) Services and resources designed for a covered household by the Secretary after considering the information gained from the screening and identification under subparagraph (A). Such services and resources may include or address the following:

"(i) General maternal and infant health exam.

"(ii) Safe sleeping environments.

"(iii) Feeding and bathing.

"(iv) Adequate child supervision.

"(v) Common hazards.

"(vi) Self-care.

"(vii) Postpartum depression, substance abuse, or domestic violence.

"(viii) Community violence.

"(ix) Skills for management of infant crying.

"(x) Other positive parenting skills and practices.

"(xi) The importance of participating in ongoing healthcare for an infant and for treating postpartum depression.

"(xii) Finding, qualifying for, and participating in available community resources with respect to infant care, childcare, parenting support, and home visits.

"(xiii) Planning for parenting or guardianship of children during deployment and reintegration.

"(xiv) Such other matters as the Secretary, in consultation with military families, considers appropriate.

"(D) Home visits to provide support, screening and referral services shall be offered as needed. The number of visits offered shall be guided by parental interest and family need, but in general is expected to be no more than three.

"(E) If a parent is deployed at the time of birth—

"(i) the first in-home visit under subparagraph (D) shall, to the extent practicable, incorporate both parents, in person with the local parent and by electronic means with the deployed parent; and

"(ii) another such home visit shall be offered upon the return of the parent from deployment, and shall include both parents, if determined in the best interest of the family.

"(F) An electronic directory of community resources available to covered households and pilot program personnel to help covered households access such resources.

"(G) An electronic integrated data system to—

"(i) help pilot program personnel refer eligible covered beneficiaries to services and resources under the pilot program;

"(ii) track usage of such services and resources and interactions between such personnel and covered households; and

"(iii) evaluate the implementation, outcomes, and effectiveness of the pilot program.

"(b) Voluntary Participation.—Participation in the pilot program shall be at the election of a covered beneficiary in an eligible household.

"(c) Outreach.—

"(1) In general.—Not later than 30 days after implementing the pilot program, the Secretary shall notify each covered household of the services provided under subsection (b).

"(2) Covered households with newborns.—No later than 30 days after a birth in a covered household, the Secretary shall contact such covered household to encourage participation in the pilot program.

"(d) Assessments.—

"(1) Number.—The Secretary shall carry out no fewer than five assessments of the pilot program.

"(2) Comparison installations.—For purposes of this subsection, the Secretary shall also select such number of other military installations the Secretary determines appropriate as comparison installations for purposes of assessing the outcomes of the pilot.

"(3) Assessment.—The Secretary shall assess each of the following:

"(A) Success in contacting covered households for participation in the pilot.

"(B) The percentage of covered households that elect to participate in the pilot program.

"(C) The extent to which covered households participating in the pilot program are connected to services and resources under the pilot program.

"(D) The extent to which covered households participating in the pilot program use services and resources under the pilot program.

"(E) Compliance of pilot program personnel with pilot program protocols.

"(e) Reports.—

"(1) Initial report.—Not later than 180 days after the date of the enactment of this Act [Aug. 13, 2018], the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the pilot program under this section. The report shall include a comprehensive description of the assessments under subsection (d), as well as the following:

"(A) Which installations the Secretary selected for the pilot program under subsection (a)(2).

"(B) Why the Secretary selected the installations described in subparagraph (A).

"(C) Names of the installations the Secretary selected as comparison installations under subsection (d)(2).

"(D) How the pilot program is carried out, including strategy and metrics for evaluating effectiveness of the pilot program.

"(2) Final report.—Not later than 180 days after the termination of the pilot program, the Secretary shall submit to the committees specified in paragraph (1) a final report on the pilot program. The report shall include the following:

"(A) A comprehensive description of, and findings of, the assessments under subsection (d).

"(B) A comprehensive description and assessment of the pilot.

"(C) Such recommendations for legislative or administrative action the Secretary determines appropriate, including whether to—

"(i) extend the term of the pilot program;

"(ii) expand the pilot program to additional installations; or

"(iii) make the pilot program permanent.

"(f) Departmental Implementation.—If the Secretary determines that any element of the pilot program is effective, the Secretary shall implement such element permanently for the Department of Defense.

"(g) Definitions.—In this section:

"(1) The term 'covered household' means a household that—

"(A) contains an eligible covered beneficiary; and

"(B) is located at a location selected by the Secretary for the pilot program.

"(2) The term 'eligible covered beneficiary' means a covered beneficiary (as that term is defined in section 1072 of title 10, United States Code) who obtains prenatal or obstetrical care in a military medical treatment facility in connection with a birth covered by the pilot program.

"(3) With respect to a military installation, the term 'community' means the catchment area for community services of the installation, including services provided on the installation by the Secretary and services provided by State, county, and local jurisdictions in which the installation is located, or in the vicinity of the installation."

Family Support Programs for Immediate Family Members of Members of the Armed Forces Assigned to Special Operations Forces

Pub. L. 113–66, div. A, title V, §554, Dec. 26, 2013, 127 Stat. 765, as amended by Pub. L. 114–92, div. A, title V, §574, Nov. 25, 2015, 129 Stat. 831; Pub. L. 115–91, div. A, title X, §1081(e), Dec. 12, 2017, 131 Stat. 1601, related to pilot programs for family members of members of the Armed Forces assigned to special operations forces, prior to repeal by Pub. L. 115–91, div. A, title V, §555(f), Dec. 12, 2017, 131 Stat. 1403. See section 1788a of this title.

[Pub. L. 115–91, div. A, title X, §1081(e), Dec. 12, 2017, 131 Stat. 1601, provided that the amendment made by section 1081(e) (amending section 574 of Pub. L. 114–92, which amended section 554 of Pub. L. 113–66, formerly set out above) is effective Nov. 25, 2015, and as if included in Pub. L. 114–92 as enacted.]

Pilot Program on Parent Education To Promote Early Childhood Education for Dependent Children Affected by Military Deployment or Relocation of Military Units

Pub. L. 109–364, div. A, title V, §575, Oct. 17, 2006, 120 Stat. 2227, provided that:

"(a) Pilot Program Authorized.—Using such funds as may be appropriated for this purpose, the Secretary of Defense may carry out a pilot program on the provision of educational and support tools to the parents of preschool-age children—

"(1) whose parent or parents serve as members of the Armed Forces on active duty (including members of the Selected Reserve on active duty pursuant to a call or order to active duty of 180 days or more); and

"(2) who are affected by the deployment of their parent or parents or the relocation of the military unit of which their parent or parents are a member.

"(b) Purpose.—The purpose of the pilot program is to develop models for improving the capability of military child and youth programs on or near military installations to provide assistance to military parents with young children through a program of activities focusing on the unique needs of children described in subsection (a).

"(c) Limits on Commencement and Duration of Program.—The Secretary of Defense may not commence the pilot program before October 1, 2007, and shall conclude the pilot program not later than the end of the three-year period beginning on the date on which the Secretary commences the program.

"(d) Scope of Program.—Under the pilot program, the Secretary of Defense shall utilize one or more models, demonstrated through research, of universal access of parents of children described in subsection (a) to assistance under the pilot program to achieve the following goals:

"(1) The identification and mitigation of specific risk factors for such children related to military life.

"(2) The maximization of the educational readiness of such children.

"(e) Locations and Goals.—

"(1) Selection of participating installations.—In selecting military installations to participate in the pilot program, the Secretary of Defense shall limit selection to those military installations whose military personnel are experiencing significant transition or deployment or which are undergoing transition as a result of the relocation or activation of military units or activities relating to defense base closure and realignment.

"(2) Selection of certain installations.—At least one of the installations selected under paragraph (1) shall be a military installation that will permit, under the pilot program, the meaningful evaluation of a model under subsection (d) that provides outreach to parents in families with a parent who is a member of the National Guard or Reserve, which families live more than 40 miles from the installation.

"(3) Goals of participating installations.—If a military installation is selected under paragraph (1), the Secretary shall require appropriate personnel at the military installation to develop goals, and specific outcome measures with respect to such goals, for the conduct of the pilot program at the installation.

"(4) Evaluation required.—Upon completion of the pilot program at a military installation, the personnel referred to in paragraph (3) at the installation shall be required to conduct an evaluation and assessment of the success of the pilot program at the installation in meeting the goals developed for that installation.

"(f) Guidelines.—As part of conducting the pilot program, the Secretary of Defense shall issue guidelines regarding—

"(1) the goals to be developed under subsection (e)(3);

"(2) specific outcome measures; and

"(3) the selection of curriculum and the conduct of developmental screening under the pilot program.

"(g) Report.—Upon completion of the pilot program, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on all of the evaluations prepared under subsection (e)(4) for the military installations participating in the pilot program. The report shall describe the results of the evaluations, and may include such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the evaluations, including recommendations for the continuation of the pilot program."

§1788a. Support programs: special operations forces personnel; immediate family members

(a) Programs Authorized.—Consistent with such regulations as the Secretary of Defense may prescribe to carry out this section, the Commander of the United States Special Operations Command may conduct programs to provide family support services. In selecting and conducting any program under this subsection, the Commander shall coordinate with the Under Secretary of Defense for Personnel and Readiness.

(b) Selection of Programs.—In selecting the programs to be conducted under subsection (a), the Commander shall—

(1) identify family support services that have a direct and concrete impact on the readiness of special operations forces, but that are not being provided by the Secretary of a military department to covered individuals; and

(2) conduct a cost-benefit analysis of each family support service proposed to be included in a program.

(c) Additional Authority.—The Commander may expend up to $10,000,000 during each fiscal year, from funds available for Major Force Program 11, to carry out family support programs under this section.

[(d) Repealed. Pub. L. 116–92, div. A, title XVII, §1702(c)(1), Dec. 20, 2019, 133 Stat. 1796.]

(e) Definitions.—In this section:

(1) The term "Commander" means the Commander of the United States Special Operations Command.

(2) The term "immediate family members" has the meaning given that term in section 1789(c) of this title.

(3) The term "special operations forces" means those forces of the armed forces identified as special operations forces under section 167(j) of this title.

(4) The term "family support services" includes psychological support, spiritual support, and costs of transportation, food, lodging, child care, supplies, fees, and training materials for covered individuals while participating in programs under subsection (a).

(5) The term "covered individuals" means—

(A) members of the Armed Forces (including the reserve components) assigned to special operations forces;

(B) service personnel assigned to support special operations forces;

(C) immediate family members of individuals described in subparagraphs (A) and (B); and

(D) immediate family members of individuals described in subparagraphs (A) or (B) in a case in which such individual died—

(i) as a direct result of armed conflict;

(ii) while engaged in hazardous service;

(iii) in the performance of duty under conditions simulating war; or

(iv) through an instrumentality of war.

(Added and amended Pub. L. 115–91, div. A, title V, §555(a)–(d), Dec. 12, 2017, 131 Stat. 1402, 1403; Pub. L. 115–232, div. A, title V, §572, Aug. 13, 2018, 132 Stat. 1778; Pub. L. 116–92, div. A, title XVII, §§1702(c)(1), 1731(a)(28), Dec. 20, 2019, 133 Stat. 1796, 1813; Pub. L. 116–283, div. A, title V, §583(a), Jan. 1, 2021, 134 Stat. 3653; Pub. L. 117–81, div. A, title V, §561, title X, §1081(a)(24), Dec. 27, 2021, 135 Stat. 1746, 1920.)

Editorial Notes

Codification

Text of section, as added by Pub. L. 115–91, is based on text of subsecs. (a), (b), (d), and (e) of section 554 of Pub. L. 113–66, div. A, title V, Dec. 26, 2013, 127 Stat. 765, which was formerly set out as a note under section 1788 of this title, prior to repeal by Pub. L. 115–91, div. A, title X, §1081(e), Dec. 12, 2017, 131 Stat. 1601.

Amendments

2021—Pub. L. 116–283, §583(a)(1), substituted "Support programs: special operations forces personnel; immediate family members" for "Family support programs: immediate family members of members of special operations forces" in section catchline.

Subsec. (a). Pub. L. 116–283, §583(a)(2), struck out "for the immediate family members of members of the armed forces assigned to special operations forces" after "family support services".

Subsec. (b)(1). Pub. L. 116–283, §583(a)(3), substituted "covered individuals" for "the immediate family members of members of the armed forces assigned to special operations forces".

Subsec. (d)(2)(A). Pub. L. 116–283, §583(a)(4)(A), substituted "covered individuals" for "family members of members of the armed forces assigned to special operations forces".

Subsec. (d)(2)(B). Pub. L. 116–283, §583(a)(4)(B), substituted "covered individuals" for "family members of members of the armed forces assigned to special operations forces".

Subsec. (e)(3). Pub. L. 117–81, §1081(a)(24)(A), substituted "section 167(j)" for "section 167(i)".

Subsec. (e)(4). Pub. L. 117–81, §1081(a)(24)(B), substituted "covered individuals" for "covered personnel".

Pub. L. 117–81, §561(1), which directed substitution of "covered individuals" for "covered personnel", could not be executed because of the prior amendment by Pub. L. 117–81, §1081(a)(24)(B). See note above and Coordination of Amendments by Pub. L. 117–81 note below.

Pub. L. 116–283, §583(a)(5)(A), (B), inserted "psychological support, spiritual support, and" before "costs" and substituted "covered personnel" for "immediate family members of members of the armed forces assigned to special operations forces".

Subsec. (e)(5). Pub. L. 117–81, §1081(a)(24)(C), substituted " 'covered individuals' " for " 'covered personnel' ".

Pub. L. 117–81, §561(2)(A), which directed substitution of "covered individuals" for "covered personnel", could not be executed because of the prior amendment by Pub. L. 117–81, §1081(a)(24)(C). See note above and Coordination of Amendments by Pub. L. 117–81 note below.

Pub. L. 116–283, §583(a)(5)(C), which directed amendment of subsec. (e)(4) "by adding at the end" par. (5), was executed by adding par. (5) after par. (4), to reflect the probable intent of Congress.

Subsec. (e)(5)(D). Pub. L. 117–81, §561(2)(B)–(D), added subpar. (D).

2019—Subsec. (d). Pub. L. 116–92, §1702(c)(1), struck out subsec. (d) which required an annual report regarding the family support programs.

Subsec. (d)(1). Pub. L. 116–92, §1731(a)(28), substituted "Not later than March 1 each year" for "Not later than March 1, 2019, and each March 1 thereafter".

2018—Subsecs. (a), (b)(1). Pub. L. 115–232, §572(1), substituted "services" for "activities".

Subsec. (b)(2). Pub. L. 115–232, §572(2), substituted "service" for "activity".

Subsec. (c). Pub. L. 115–232, §572(3), substituted "$10,000,000" for "$5,000,000".

Subsec. (e)(4). Pub. L. 115–232, §572(4), added par. (4).

2017—Subsec. (a). Pub. L. 115–91, §555(d)(3), struck out "Pilot" before "Programs" in heading and substituted "programs to provide" for "up to three pilot programs to assess the feasibility and benefits of providing" in text.

Pub. L. 115–91, §555(d)(1), (2), substituted "armed forces" for "Armed Forces" and struck out "pilot" before "program".

Subsec. (b)(1). Pub. L. 115–91, §555(d)(1), substituted "armed forces" for "Armed Forces".

Subsec. (b)(2). Pub. L. 115–91, §555(d)(2), struck out "pilot" before "program".

Subsec. (c). Pub. L. 115–91, §555(b)(1), (c), redesignated subsec. (d) as (c) and substituted ", from funds available for Major Force Program 11, to carry out family support programs under this section." for "specified in subsection (f) to carry out the pilot programs under subsection (a)."

Subsec. (d). Pub. L. 115–91, §555(b)(2), added subsec. (d). Former subsec. (d) redesignated (c).

Subsec. (e)(2). Pub. L. 115–91, §555(d)(4)(A), substituted "this title" for "title 10, United States Code".

Subsec. (e)(3). Pub. L. 115–91, §555(d)(4)(B), substituted "this title" for "such title".

Pub. L. 115–91, §555(d)(1), substituted "armed forces" for "Armed Forces".

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Pub. L. 116–92, div. A, title XVII, §1702(c)(2), Dec. 20, 2019, 133 Stat. 1796, provided that: "The amendment made by paragraph (1) [amending this section] shall take effect on December 30, 2021."

Coordination of Amendments by Pub. L. 117–81

Amendment by section 1081 of Pub. L. 117–81 to be treated as having been enacted immediately before amendments by other provisions of Pub. L. 117–81, see section 1081(d) of Pub. L. 117–81, set out as a Coordination of Certain Sections of an Act With Other Provisions of That Act note under section 101 of this title.

§1789. Chaplain-led programs: authorized support

(a) Authority.—The Secretary of a military department may provide support services described in subsection (b) to support a chaplain-led program to assist a covered individual in building and maintaining a strong family structure, or to support the resiliency, suicide prevention, or holistic wellness of such covered individual.

(b) Authorized Support Services.—The support services referred to in subsection (a) are costs of transportation, food, lodging, child care, supplies, fees, and training materials for a covered individual while participating in a program referred to in that subsection, including participation at a retreat or conference.

(c) Covered Individual Defined.—In this section, the term "covered individual" means—

(1) a member of the armed forces on active duty;

(2) a member of the reserve components in an active status; or

(3) a dependent of an individual described in paragraph (1) or (2).

(Added Pub. L. 108–136, div. A, title V, §582(a)(1), Nov. 24, 2003, 117 Stat. 1489; amended Pub. L. 117–263, div. A, title V, §571(a), Dec. 23, 2022, 136 Stat. 2600; Pub. L. 118–31, div. A, title XVIII, §1801(a)(17), Dec. 22, 2023, 137 Stat. 684.)

Editorial Notes

Amendments

2023—Subsec. (c)(3). Pub. L. 118–31 substituted "paragraph (1) or (2)" for "subparagraph (A) or (B)".

2022—Subsec. (a). Pub. L. 117–263, §571(a)(1), substituted "a chaplain-led program to assist a covered individual" for "chaplain-led programs to assist members of the armed forces on active duty and their immediate family members, and members of reserve components in an active status and their immediate family members," and inserted ", or to support the resiliency, suicide prevention, or holistic wellness of such covered individual" after "structure".

Subsec. (b). Pub. L. 117–263, §571(a)(2), substituted "a covered individual" for "members of the armed forces and their family members", "a program" for "programs", and "a retreat or conference" for "retreats and conferences".

Subsec. (c). Pub. L. 117–263, §571(a)(3), added subsec. (c) and struck out former subsec. (c) which defined "immediate family members".

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 108–136, div. A, title V, §582(b), Nov. 24, 2003, 117 Stat. 1490, provided that: "Section 1789 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 2003."

§1790. Military personnel citizenship processing

Using funds provided for operation and maintenance and notwithstanding section 2215 of this title, the Secretary of Defense may reimburse the Secretary of Homeland Security for costs associated with the processing and adjudication by the United States Citizenship and Immigration Services (USCIS) of applications for naturalization described in sections 328(b)(4) and 329(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1439(b)(4) and 1440(b)(4)). Such reimbursements shall be deposited and remain available as provided by subsections (m) and (n) of section 286 of such Act (8 U.S.C. 1356). Such reimbursements shall be based on actual costs incurred by USCIS for processing applications for naturalization, and shall not exceed $7,500,000 per fiscal year.

(Added Pub. L. 112–74, div. A, title VIII, §8070(a), Dec. 23, 2011, 125 Stat. 822; amended Pub. L. 112–239, div. A, title X, §1076(f)(22), Jan. 2, 2013, 126 Stat. 1953.)

Editorial Notes

Amendments

2013—Pub. L. 112–239, in section catchline, substituted "Military personnel citizenship processing" for "MILITARY PERSONNEL CITIZENSHIP PROCESSING", and in text, struck out "Authorization of Payments.—" before "Using funds" and substituted "this title" for "title 10, United States Code", "8 U.S.C. 1439(b)(4)" for "8 U.S.C. §§1439(b)(4)", and "subsections (m) and (n) of section 286 of such Act (8 U.S.C. 1356)" for "sections 286(m) and (n) of such Act (8 U.S.C. §1356(m))".

SUBCHAPTER II—MILITARY CHILD CARE

        

Editorial Notes

Amendments

1999—Pub. L. 106–65, div. A, title V, §584(a)(2), Oct. 5, 1999, 113 Stat. 636, added items 1798, 1799, and 1800 and struck out former item 1798 "Definitions".

Statutory Notes and Related Subsidiaries

Outreach Campaign Relating to Waiting Lists for Military Child Development Centers; Annual Briefing

Pub. L. 118–31, div. A, title V, §585, Dec. 22, 2023, 137 Stat. 281, provided that:

"(a) In General.—The Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop a campaign to conduct outreach, not less than once every six months, to inform individuals eligible for child care services under chapter 88 of title 10, United States Code, including child care employees—

"(1) how to—

"(A) join a waiting list for child care services at a military child development center; and

"(B) check the position of such an individual on such waiting list; and

"(2) of—

"(A) what factors affect positions on such waiting list;

"(B) the process to prioritize such individuals to receive child care services at a military child development center;

"(C) the fee schedule for child care services at a military child development center; and

"(D) options for child care services available to such individuals other than military child development centers, including pilot programs at the duty station of such member, if applicable.

"(b) Annual Briefing.—Not later than 90 days after the date of the enactment of this Act [Dec. 22, 2023], and on an annual basis thereafter for five years, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the House of Representatives and the Senate a briefing that includes, for each military department—

"(1) a list of the five military installations with the longest waiting lists for child care services at military child development centers; and

"(2) the number of classrooms for child care services, disaggregated by military installation, closed during the period covered by the briefing due to—

"(A) insufficient staffing; or

"(B) issues relating to maintenance.

"(c) Definitions.—In this section, the terms 'child care employee' and 'military child development center' have the meanings given such terms in section 1800 of title 10, United States Code."

§1791. Funding for military child care

(a) Policy.—It is the policy of Congress that the amount of appropriated funds available during a fiscal year for operating expenses for military child development centers and programs shall be not less than 115 percent of the amount of child care fee receipts that are estimated to be received by the Department of Defense during that fiscal year.

(b) Responsibility for Allocations of Certain Funds.—The Secretary of Defense shall be responsible for the allocation of Office of the Secretary of Defense level funds for military child development programs for children from birth through 12 years of age, and may not delegate such responsibility to the military departments.

(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 332; amended Pub. L. 116–283, div. A, title V, §584, Jan. 1, 2021, 134 Stat. 3654; Pub. L. 118–31, div. A, title V, §582, Dec. 22, 2023, 137 Stat. 280.)

Editorial Notes

Prior Provisions

Provisions similar to those in this subchapter were contained in Pub. L. 101–189, div. A, title XV, Nov. 29, 1989, 103 Stat. 1589, which was set out as a note under section 113 of this title, prior to repeal by Pub. L. 104–106, §568(e)(2).

Amendments

2023—Subsec. (a). Pub. L. 118–31 inserted "115 percent of" after "not less than".

2021—Pub. L. 116–283 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Public Reporting on Certain Military Child Care Programs

Pub. L. 117–263, div. A, title V, §579C, Dec. 23, 2022, 136 Stat. 2608, provided that: "Not later than September 30, 2023, and each calendar quarter thereafter, the Secretary of Defense shall post, on a publicly accessible website of the Department of Defense, information regarding the Military Child Care in Your Neighborhood and Military Child Care in Your Neighborhood-Plus programs, disaggregated by State, ZIP code, and Armed Force. Such information shall include whether each such provider is nationally accredited or rated by the Quality Rating and Improvement System of the State."

Authority for Department of Defense Program To Promote Early Literacy Among Certain Young Children

Pub. L. 117–263, div. A, title VII, §722, Dec. 23, 2022, 136 Stat. 2663, provided that:

"(a) Authority.—The Secretary of Defense may carry out a program to promote early literacy among young children in child development centers and libraries located on installations of the Department of Defense.

"(b) Activities.—Activities under the program under subsection (a) shall include the following:

"(1) The provision of training on early literacy promotion to appropriate personnel of the Department.

"(2) The purchase and distribution of age-appropriate books to covered caregivers assigned to or serving at an installation of the Department with a child development center or library at which the Secretary is carrying out the program.

"(3) The dissemination to covered caregivers of education materials on early literacy.

"(4) Such other activities as the Secretary determines appropriate.

"(c) Locations.—In carrying out the program under subsection (a), the Secretary may conduct the activities under subsection (b) at any child development center or library located on an installation of the Department.

"(d) Briefing.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2022], the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the extent to which the authority under subsection (a) is used, including—

"(1) a description of any activities carried out under the program so authorized; and

"(2) an evaluation of the potential expansion of such program to be included as a part of the pediatric primary care of young children and to be carried out in military medical treatment facilities.

"(b) [sic] Definitions.—In this section:

"(1) The term 'covered caregiver' means a member of the Armed Forces who is a caregiver of a young child.

"(2) The term 'young child' means any child from birth to the age of five years old, inclusive."

Improvement of Department of Defense Child Development Centers and Increased Availability of Child Care for Children of Military Personnel

Pub. L. 117–81, div. B, title XXVIII, §2816, Dec. 27, 2021, 135 Stat. 2194, provided that:

"(a) Safety Inspection of Child Development Centers.—Not later than one year after the date of the enactment of this Act [Dec. 27, 2021], each Secretary of a military department shall complete an inspection of all facilities under the jurisdiction of that Secretary used as a child development center to identify any unresolved safety issues, including lead, asbestos, and mold, that adversely impact the facilities.

"(b) Briefing on Results of Safety Inspections and Remediation Plans.—

"(1) Briefing required.—Not later than March 1, 2022, each Secretary of a military department shall brief the Committees on Armed Services of the Senate and the House of Representatives regarding the results of the safety inspections conducted of child development centers under the jurisdiction of that Secretary.

"(2) Required elements of briefing.—In the briefing required by paragraph (1), the Secretary of a military department shall provide the following:

"(A) A list of any child development centers under the jurisdiction of that Secretary considered to be in poor or failing condition. In the case of each child development center included on this list, the Secretary shall provide a remediation plan for the child development center, which shall include the following elements:

"(i) An estimate of the funding required to complete the remediation plan.

"(ii) The Secretary's funding strategy to complete the remediation plan.

"(iii) Any additional statutory authorities the Secretary needs to complete the remediation plan

"(B) A list of life-threatening and non-life-threatening violations during the previous three years recorded at child development centers under the jurisdiction of that Secretary that are not included on the list required by subparagraph (A), which shall include the name of the installation where the violation occurred and date of inspection.

"(C) A list of what that Secretary considers a life-threatening and non-life-threatening violation, including with regard to the presence of lead, asbestos, and mold.

"(D) A list of how often the 90-day remediation requirement has been waived and the name of each child development center under the jurisdiction of that Secretary at which a waiver was granted.

"(E) Data on child development center closures under the jurisdiction of that Secretary due to a non-life-threatening violation not remedied within 90 days.

"(F) An additional plan to conduct preventive maintenance on other child development centers under the jurisdiction of that Secretary to prevent additional child development centers from degrading to poor or failing condition.

"(c) Partnerships Encouraged for Child Care for Children of Military Personnel.—Beginning one year after the date of the enactment of this Act, and pursuant to such regulations as the Secretary of Defense may prescribe, each Secretary of a military department is encouraged to enter into agreements with public and private entities to provide child care to the children of personnel (including members of the Armed Forces and civilian employees of the Department of Defense) under the jurisdiction of that Secretary.

"(d) Annual Status Updates.—Not later than 18 months after the date of the enactment of this Act, and every 12 months thereafter, each Secretary of a military department shall brief the Committees on Armed Services of the Senate and the House of Representatives on the progress made by that Secretary—

"(1) in implementing the child development center remediation plans required by subsection (b)(2)(A) for child development centers under the jurisdiction of that Secretary considered to be in 'poor' or 'failing' condition, including details about projects planned, funded, under construction, and completed under the plans;

"(2) in conducting preventive maintenance on other child development centers under the jurisdiction of that Secretary pursuant to the preventive maintenance plan required by subsection (b)(2)(F); and

"(3) in entering into partnerships encouraged by subsection (c), including with regard to each partnership—

"(A) the terms of the agreement, including cost to the United States;

"(B) the number of children described in such subparagraph projected to receive child care under the partnership; and

"(C) if applicable, the actual number of such children who received child care under the partnership during the previous year.

"(e) Child Development Center Defined.—In this section, the term 'child development center' has the meaning given that term in section 2871(2) of title 10, United States Code, and includes facilities identified as a child care center or day care center."

24-Hour Child Care

Pub. L. 116–283, div. A, title V, §588, Jan. 1, 2021, 134 Stat. 3656, provided that:

"(a) 24-Hour Child Care.—If the Secretary of Defense determines it feasible, pursuant to the study conducted pursuant to subsection (b), the Secretary shall furnish child care to each child of a member of the Armed Forces or civilian employee of the Department of Defense while that member or employee works on rotating shifts at a military installation.

"(b) Feasibility Study; Report.—Not later than 270 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of a study, conducted by the Secretary for purposes of this section, on the feasibility of furnishing child care described in subsection (a).

"(c) Elements.—The report required by subsection (b) shall include the following:

"(1) The results of the study described in that subsection.

"(2) If the Secretary determines that furnishing child care available as described in subsection (a) is feasible, such matters as the Secretary determines appropriate in connection with furnishing such child care, including—

"(A) an identification of the installations at which such child care would be beneficial to members of the Armed Forces, civilian employees of the Department, or both;

"(B) an identification of any barriers to making such child care available at the installations identified pursuant to subparagraph (A);

"(C) an assessment whether the child care needs of members of the Armed Forces and civilian employees of the Department described in subsection (a) would be better met by an increase in assistance for child care fees;

"(D) a description and assessment of the actions, if any, being taken to furnish such child care at the installations identified pursuant to subparagraph (A); and

"(E) such recommendations for legislative or administrative action the Secretary determines appropriate to make such child care available at the installations identified pursuant to subparagraph (A), or at any other military installation."

Pilot Program To Provide Financial Assistance to Members of the Armed Forces for In-Home Child Care

Pub. L. 116–283, div. A, title V, §589, Jan. 1, 2021, 134 Stat. 3657, as amended by Pub. L. 117–81, div. A, title VI, §624, Dec. 27, 2021, 135 Stat. 1772, provided that:

"(a) Establishment.—Not later than March 1, 2021, the Secretary of Defense shall establish a pilot program to provide financial assistance to members of the Armed Forces who pay for services provided by in-home child care providers. In carrying out the pilot program, the Secretary shall take the following steps:

"(1) Determine the needs of military families who request services provided by in-home child care providers.

"(2) Determine the appropriate amount of financial assistance to provide to military families described in paragraph (1).

"(3) Determine the appropriate qualifications for an in-home child care provider for whose services the Secretary shall provide financial assistance to a military family. In carrying out this paragraph, the Secretary shall—

"(A) take into consideration qualifications for in-home child care providers in the private sector; and

"(B) ensure that the qualifications the Secretary determines appropriate under this paragraph are comparable to the qualifications for a provider of child care services in a military child development center or family home day care.

"(4) Establish a marketing and communications plan to inform members of the Armed Forces who live in the locations described in subsection (b) about the pilot program.

"(b) Locations.—

"(1) The Secretary shall carry out the pilot program in the five locations that the Secretary determines have the greatest demand for child care services for children of members of the Armed Forces.

"(2) The Secretary may carry out the pilot program at other locations the Secretary determines appropriate.

"(c) Reports.—

"(1) Interim reports.—Not later than one year after the Secretary establishes the pilot program and thrice annually thereafter, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report on the pilot program. Each interim report shall include the following elements:

"(A) The number of military families participating in the pilot program, disaggregated by location and duration of participation.

"(B) The amount of financial assistance provided to participating military families in each location.

"(C) Metrics by which the Secretary carries out subsection (a)(3)(B);

"(D) The feasibility of expanding the pilot program.

"(E) Legislation or administrative action that the Secretary determines necessary to make the pilot program permanent.

"(F) Any other information the Secretary determines appropriate.

"(2) Final report.—Not later than 90 days after the termination of the pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report on the pilot program. The final report shall include the following elements:

"(A) The elements specified in paragraph (1).

"(B) The recommendation of the Secretary whether to make the pilot program permanent.

"(d) Termination.—The pilot program shall terminate five years after the date on which the Secretary establishes the pilot program.

"(e) Definitions.—In this section:

"(1) The term 'in-home child care provider' means an individual who provides child care services in the home of the child.

"(2) The terms 'military child development center' and 'family home day care' have the meanings given those terms in section 1800 of title 10, United States Code."

Reduction in Wait Lists for Child Care at Military Installations

Pub. L. 116–92, div. A, title V, §580(c), Dec. 20, 2019, 133 Stat. 1407, provided that:

"(1) Remedial action.—The Secretary of Defense shall take steps the Secretary determines necessary to reduce the waiting lists for child care at military installations to ensure that members of the Armed Forces have meaningful access to child care during tours of duty.

"(2) Report.—Not later than June 1, 2020, the Secretary of Defense shall provide a report to the Committees on Armed Forces of the Senate and the House of Representative regarding—

"(A) action taken under paragraph (1); and

"(B) any additional resources (including additional funding for and child care facilities and workers) the Secretary determines necessary to increase access described in paragraph (1)."

Enhancing Military Childcare Programs and Activities of the Department of Defense

Pub. L. 115–91, div. A, title V, §558, Dec. 12, 2017, 131 Stat. 1405, provided that:

"(a) Hours of Operation of Military Childcare Development Centers.—Each Secretary of a military department shall ensure, to the extent practicable, that the hours of operation of each childcare development center under the jurisdiction of the Secretary are established and maintained in manner that takes into account the demands and circumstances of members of the Armed Forces, including members of the reserve components, who use such center in facilitation of the performance of their military duties.

"(b) Matters to Be Taken Into Account.—The demands and circumstances to be taken into account under subsection (a) for purposes of setting and maintaining the hours of operation of a childcare development center shall include the following:

"(1) Mission requirements of units whose members use the childcare development center.

"(2) The unpredictability of work schedules, and fluctuations in day-to-day work hours, of such members.

"(3) The potential for frequent and prolonged absences of such members for training, operations, and deployments.

"(4) The location of the childcare development center on the military installation concerned, including the location in connection with duty locations of members and applicable military family housing.

"(5) Such other matters as the Secretary of the military department concerned considers appropriate for purposes of this section.

"(c) Childcare Coordinators for Military Installations.—Each Secretary of a military department may provide for a childcare coordinator at each military installation under the jurisdiction of the Secretary at which are stationed significant numbers of members of the Armed Forces with accompanying dependent children, as determined by the Secretary. The childcare coordinator may work with the commander of the installation to ensure that childcare is available and responsive to the needs of members assigned to the installation."

Reports on Child Development Centers and Financial Assistance for Child Care for Members of the Armed Forces

Pub. L. 111–383, div. A, title V, §587, Jan. 7, 2011, 124 Stat. 4230, provided that:

"(a) Reports Required.—Not later than six months after the date of the enactment of this Act [Jan. 7, 2011], and every two years thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on Department of Defense child development centers and financial assistance for child care provided by the Department of Defense off-installation to members of the Armed Forces.

"(b) Elements.—Each report required by subsection (a) shall include the following, current as of the date of such report:

"(1) The number of child development centers currently located on military installations.

"(2) The number of dependents of members of the Armed Forces utilizing such child development centers.

"(3) The number of dependents of members of the Armed Forces that are unable to utilize such child development centers due to capacity limitations.

"(4) The types of financial assistance available for child care provided by the Department of Defense off-installation to members of the Armed Forces (including eligible members of the reserve components).

"(5) The extent to which members of the Armed Forces are utilizing such financial assistance for child care off-installation.

"(6) The methods by which the Department of Defense reaches out to eligible military families to increase awareness of the availability of such financial assistance.

"(7) The formulas used to calculate the amount of such financial assistance provided to members of the Armed Forces.

"(8) The funding available for such financial assistance in the Department of Defense and in the military departments.

"(9) The barriers to access, if any, to such financial assistance faced by members of the Armed Forces, including whether standards and criteria of the Department of Defense for child care off-installation may affect access to child care.

"(10) Any other matters the Secretary considers appropriate in connection with such report, including with respect to the enhancement of access to Department of Defense child care development centers and financial assistance for child care off-installation for members of the Armed Forces."

§1792. Child care employees

(a) Required Training.—(1) The Secretary of Defense shall prescribe regulations implementing a training program for child care employees. Those regulations shall apply uniformly among the military departments. Subject to paragraph (2), satisfactory completion of the training program shall be a condition of employment of any person as a child care employee.

(2) Under those regulations, the Secretary shall require that each child care employee complete the training program not later than six months after the date on which the employee is employed as a child care employee.

(3) The training program established under this subsection shall cover, at a minimum, training in the following:

(A) Early childhood development.

(B) Activities and disciplinary techniques appropriate to children of different ages.

(C) Child abuse prevention and detection.

(D) Cardiopulmonary resuscitation and other emergency medical procedures.

(b) Training and Curriculum Specialists.—(1) The Secretary of Defense shall require that at least one employee at each military child development center be a specialist in training and curriculum development. The Secretary shall ensure that such employees have appropriate credentials and experience.

(2) The duties of such employees shall include the following:

(A) Special teaching activities at the center.

(B) Daily oversight and instruction of other child care employees at the center.

(C) Daily assistance in the preparation of lesson plans.

(D) Assistance in the center's child abuse prevention and detection program.

(E) Advising the director of the center on the performance of other child care employees.

(3) Each employee referred to in paragraph (1) shall be an employee in a competitive service position.

(c) Competitive Rates of Pay.—For the purpose of providing military child development centers with a qualified and stable civilian workforce, employees at a military installation who are directly involved in providing child care and are paid from nonappropriated funds—

(1) in the case of entry-level employees, shall be paid at rates of pay competitive with the rates of pay paid to other entry-level employees at that installation who are drawn from the same labor pool; and

(2) in the case of other employees, shall be paid at rates of pay substantially equivalent to the rates of pay paid to other employees at that installation with similar training, seniority, and experience.

(d) Competitive Service Position Defined.—In this section, the term "competitive service position" means a position in the competitive service, as defined in section 2102(a)(1) of title 5.

(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 332; amended Pub. L. 105–85, div. A, title X, §1073(a)(34), Nov. 18, 1997, 111 Stat. 1902; Pub. L. 105–261, div. A, title XI, §1106, Oct. 17, 1998, 112 Stat. 2142.)

Editorial Notes

Amendments

1998—Subsecs. (d), (e). Pub. L. 105–261 redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows:

"(d) Employment Preference Program for Military Spouses.—(1) The Secretary of Defense shall conduct a program under which qualified spouses of members of the armed forces shall be given a preference in hiring for the position of child care employee in a position paid from nonappropriated funds if the spouse is among persons determined to be best qualified for the position.

"(2) A spouse who is provided a preference under this subsection at a military child development center may not be precluded from obtaining another preference, in accordance with section 1784 of this title, in the same geographic area as the military child development center."

1997—Subsec. (a)(1). Pub. L. 105–85, §1073(a)(34)(A), struck out comma after "implementing".

Subsec. (d)(2). Pub. L. 105–85, §1073(a)(34)(B), substituted "section 1784" for "section 1794".

Statutory Notes and Related Subsidiaries

Pilot Program on Hiring of Special Needs Inclusion Coordinators for Department of Defense Child Development Centers

Pub. L. 117–263, div. A, title V, §576, Dec. 23, 2022, 136 Stat. 2605, as amended by Pub. L. 118–31, div. A, title V, §586, Dec. 22, 2023, 137 Stat. 282, provided that:

"(a) In General.—The Secretary of Defense, in coordination with the Secretaries of the military departments, shall carry out a pilot program to hire special needs inclusion coordinators at child development centers selected by the Secretary under subsection (b).

"(b) Selection of Centers.—The Secretary of Defense shall select the child development centers at which the pilot program required by subsection (a) will be carried out based on—

"(1) the number of dependent children enrolled in the Exceptional Family Member Program at the military installation on which the center in [sic; probably should be "is"] located;

"(2) the number of children with special needs enrolled in the center; and

"(3) such other considerations as the Secretary, in consultation with the Secretaries of the military departments, considers appropriate.

"(c) Functions.—Each special needs inclusion coordinator assigned to a child development center under the pilot program required by subsection (a) shall—

"(1) coordinate intervention and inclusion services at the center;

"(2) provide direct classroom support; and

"(3) provide guidance and assistance relating to the increased complexity of working with the behaviors of children with special needs.

"(d) Briefings Required.—

"(1) Briefing on anticipated costs.—Not later than March 1, 2023, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the anticipated costs for the pilot program required by subsection (a).

"(2) Briefings on implementation.—Beginning on January 31, 2024, until the termination of the pilot program, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a biannual briefing on the implementation of the pilot program. Each such briefing shall include the following:

"(A) The process for selecting child development centers under subsection (b).

"(B) How a special needs inclusion coordinator hired under the pilot program coordinates with the head of the child development center concerned and the commander of the military installation concerned.

"(C) How many special needs inclusion coordinators have been hired under the pilot program.

"(3) Briefing on effectiveness of program.—Not later than September 30, 2025, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the pilot program required by subsection (a) that includes—

"(A) the number of special needs inclusion coordinators hired under the pilot program;

"(B) a description of any issues relating to the retention of those coordinators;

"(C) a recommendation with respect to whether the pilot program should be made permanent or expanded to other military installations; and

"(D) an assessment of the amount of funding required to make the pilot program permanent or expand the pilot program to other military installations, as the Secretary recommends under subparagraph (C).

"(e) Duration of Pilot Program.—The pilot program required by subsection (a) shall—

"(1) commence not later than January 1, 2024; and

"(2) terminate on December 31, 2026.

"(f) Child Development Center Defined.—In this section, the term 'child development center' has the meaning given that term in section 2871(2) of title 10, United States Code, and includes a facility identified as a child care center or day care center."

Portability of Background Investigations for Child Care Providers

Pub. L. 116–92, div. A, title V, §580(f), Dec. 20, 2019, 133 Stat. 1408, provided that: "Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall ensure that the background investigation and training certification for a child care provider employed by the Department of Defense in a facility of the Department may be transferred to another facility of the Department, without regard to which Secretary of a military department has jurisdiction over either such facility."

Provisional or Interim Clearances To Provide Childcare Services at Military Childcare Centers

Pub. L. 115–232, div. A, title V, §576, Aug. 13, 2018, 132 Stat. 1781, provided that:

"(a) In General.—The Secretary of Defense shall implement a policy to permit the issuance on a provisional or interim basis of clearances for the provision of childcare services at military childcare centers.

"(b) Elements.—The policy required by subsection (a) shall provide for the following:

"(1) Any clearance issued under the policy shall be temporary and contingent upon the satisfaction of such requirements for the issuance of a clearance on a permanent basis as the Secretary considers appropriate.

"(2) Any individual issued a clearance on a provisional or interim basis under the policy shall be subject to such supervision in the provision of childcare services using such clearance as the Secretary considers appropriate.

"(c) Clearance Defined.—In this section, the term 'clearance', with respect to an individual and the provision of childcare services, means the formal approval of the individual, after appropriate background checks and other review, to provide childcare services to children at a military childcare center of the Department of Defense."

Direct Hire Authority for Department of Defense for Childcare Services Providers for Department Child Development Centers and Employees at Installation Military Housing Offices

Pub. L. 116–92, div. B, title XXX, §3035(c), Dec. 20, 2019, 133 Stat. 1937, provided that the Secretary of Defense could use the authority in section 559 of Pub. L. 115–91, formerly set out below, in a manner consistent with the regulations prescribed for purposes of such section 559 pursuant to subsec. (b) of such section 559, without the need to prescribe separate regulations for the use of such authority.

Pub. L. 115–91, div. A, title V, §559, Dec. 12, 2017, 131 Stat. 1406, as amended by Pub. L. 116–92, div. A, title V, §580(a), div. B, title XXX, §3035(a), (b), Dec. 20, 2019, 133 Stat. 1407, 1937, authorized the Secretary of Defense to appoint, without regard to any provision of subchapter I of chapter 33 of title 5, United States Code, qualified childcare services providers, and individuals to fill vacancies in installation military housing offices, in the competitive service under certain circumstances and to prescribe regulations, prior to the expiration of such appointment authority on Sept. 30, 2021.

§1793. Parent fees

(a) In General.—The Secretary of Defense shall prescribe regulations establishing fees to be charged parents for the attendance of children at military child development centers. Those regulations shall be uniform for the military departments and shall require that, in the case of children who attend the centers on a regular basis, the fees shall be based on family income.

(b) Local Waiver Authority.—The Secretary of Defense may provide authority to installation commanders, on a case-by-case basis, to establish fees for attendance of children at child development centers at rates lower than those prescribed under subsection (a) if the rates prescribed under subsection (a) are not competitive with rates at local non-military child development centers.

(c) Family Discount.—In the case of a family with two or more children attending a child development center, the regulations prescribed pursuant to subsection (a) may require that installations commanders charge a fee for attendance at the center of any child of the family after the first child of the family in amount equal to 85 percent of the amount of the fee otherwise chargeable for the attendance of such child at the center.

(d) Child Care Employee Discount.—The Secretary of Defense may, to support recruitment and retention initiatives, charge a child care employee, whose child attends a military child development center, a reduced fee for such attendance.

(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 333; amended Pub. L. 116–283, div. A, title V, §585(a), Jan. 1, 2021, 134 Stat. 3654; Pub. L. 117–263, div. A, title VI, §642, Dec. 23, 2022, 136 Stat. 2634.)

Editorial Notes

Amendments

2022—Subsec. (d). Pub. L. 117–263 added subsec. (d).

2021—Subsec. (c). Pub. L. 116–283 added subsec. (c).

§1794. Child abuse prevention and safety at facilities

(a) Child Abuse Task Force.—The Secretary of Defense shall maintain a special task force to respond to allegations of widespread child abuse at a military installation. The task force shall be composed of personnel from appropriate disciplines, including, where appropriate, medicine, psychology, and childhood development. In the case of such allegations, the task force shall provide assistance to the commander of the installation, and to parents at the installation, in helping them to deal with such allegations.

(b) National Hotline.—(1) The Secretary of Defense shall maintain a national telephone number for persons to use to report suspected child abuse or safety violations at a military child development center or family home day care site. The Secretary shall ensure that such reports may be made anonymously if so desired by the person making the report. The Secretary shall establish procedures for following up on complaints and information received over that number.

(2) The Secretary shall publicize the existence of the number.

(c) Assistance From Local Authorities.—The Secretary of Defense shall prescribe regulations requiring that, in a case of allegations of child abuse at a military child development center or family home day care site, the commander of the military installation or the head of the task force established under subsection (a) shall seek the assistance of local child protective authorities if such assistance is available.

(d) Safety Regulations.—The Secretary of Defense shall prescribe regulations on safety and operating procedures at military child development centers. Those regulations shall apply uniformly among the military departments.

(e) Inspections.—The Secretary of Defense shall require that each military child development center be inspected not less often than four times a year. Each such inspection shall be unannounced. At least one inspection a year shall be carried out by a representative of the installation served by the center, and one inspection a year shall be carried out by a representative of the major command under which that installation operates.

(f) Remedies for Violations.—(1) Except as provided in paragraph (2), any violation of a safety, health, or child welfare law or regulation (discovered at an inspection or otherwise) at a military child development center shall be remedied immediately.

(2) In the case of a violation that is not life threatening, the commander of the major command under which the installation concerned operates may waive the requirement that the violation be remedied immediately for a period of up to 90 days beginning on the date of the discovery of the violation. If the violation is not remedied as of the end of that 90-day period, the military child development center shall be closed until the violation is remedied. The Secretary of the military department concerned may waive the preceding sentence and authorize the center to remain open in a case in which the violation cannot reasonably be remedied within that 90-day period or in which major facility reconstruction is required.

(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 333.)

§1795. Parent partnerships with child development centers

(a) Parent Boards.—The Secretary of Defense shall require that there be established at each military child development center a board of parents, to be composed of parents of children attending the center. The board shall meet periodically with staff of the center and the commander of the installation served by the center for the purpose of discussing problems and concerns. The board, together with the staff of the center, shall be responsible for coordinating the parent participation program described in subsection (b).

(b) Parent Participation Programs.—The Secretary of Defense shall require the establishment of a parent participation program at each military child development center. As part of such program, the Secretary of Defense may establish fees for attendance of children at such a center, in the case of parents who participate in the parent participation program at that center, at rates lower than the rates that otherwise apply.

(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 334.)

§1796. Subsidies for family home day care

The Secretary of Defense may use appropriated funds available for military child care purposes to provide assistance to family home day care providers so that family home day care services can be provided to members of the armed forces at a cost comparable to the cost of services provided by military child development centers. The Secretary shall prescribe regulations for the provision of such assistance.

(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 334.)

Statutory Notes and Related Subsidiaries

Priority for Certain Military Family Housing to a Member of the Armed Forces Whose Spouse Agrees To Provide Family Home Day Care Services

Pub. L. 116–283, div. A, title VI, §627, Jan. 1, 2021, 134 Stat. 3678, provided that:

"(a) Priority.—If the Secretary of a military department determines that not enough child care employees are employed at a military child development center on a military installation under the jurisdiction of that Secretary to adequately care for the children of members of the Armed Forces stationed at that military installation, the Secretary, to the extent practicable, may give priority for covered military family housing to a member whose spouse is an eligible military spouse.

"(b) Number of Priority Positions.—A Secretary of a military department may grant priority under subsection (a) only to the minimum number of eligible military spouses that the Secretary determines necessary to provide adequate child care to the children of members stationed at a military installation described in subsection (a).

"(c) Limitation.—Nothing in this section may be construed to require the Secretary of a military department to provide covered military family housing that has been adapted for disabled individuals to a member under this section instead of to a member with one more dependents enrolled in the Exceptional Family Member Program.

"(d) Result of Failure To Provide Family Home Day Care Services or Loss of Eligibility.—The Secretary of the military department concerned may remove a household provided covered military family housing under this section therefrom if the Secretary determines the spouse of that member has failed to abide by an agreement described in subsection (e)(3) or has ceased to be an eligible military spouse. Such removal may not occur sooner than 60 days after the date of such determination.

"(e) Definitions.—In this section:

"(1) The terms 'child care employee', 'family home day care', and 'military child development center' have the meanings given those terms in section 1800 of title 10, United States Code.

"(2) The term 'covered military family housing' means military family housing—

"(A) located on a military installation described in subsection (a); and

"(B) that the Secretary of the military department concerned determines is large enough to provide family home day care services to no fewer than six children (not including children in the household of the eligible military spouse).

"(3) The term 'eligible military spouse' means a military spouse who—

"(A) is eligible for military family housing;

"(B) is eligible to provide family home day care services;

"(C) has provided family home day care services for at least one year; and

"(D) agrees in writing to provide family home day care services in covered military family housing for a period not shorter than one year."

§1797. Early childhood education program

The Secretary of Defense shall require that all military child development centers meet standards of operation necessary for accreditation by an appropriate national early childhood programs accrediting body.

(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 335.)

§1798. Child care services and youth program services for dependents: financial assistance for providers

(a) Authority.—The Secretary of Defense may provide financial assistance to an eligible civilian provider of child care services or youth program services that furnishes such services for members of the armed forces, survivors of members of the armed forces who die in combat-related incidents in the line of duty, and employees of the United States if the Secretary determines that providing such financial assistance—

(1) is in the best interest of the Department of Defense;

(2) enables supplementation or expansion of furnishing of child care services or youth program services for military installations, while not supplanting or replacing such services; and

(3) ensures that the eligible provider is able to comply, and does comply, with the regulations, policies, and standards of the Department of Defense that are applicable to the furnishing of such services.

(b) Eligible Providers.—A provider of child care services or youth program services is eligible for financial assistance under this section if the provider—

(1) is licensed to provide those services under applicable State and local law;

(2) has previously provided such services for members of the armed forces or employees of the United States; and

(3) either—

(A) is a family home day care provider; or

(B) is a provider of family child care services that—

(i) otherwise provides federally funded or sponsored child development services;

(ii) provides the services in a child development center owned and operated by a private, not-for-profit organization;

(iii) provides before-school or after-school child care program in a public school facility;

(iv) conducts an otherwise federally funded or federally sponsored school age child care or youth services program;

(v) conducts a school age child care or youth services program that is owned and operated by a not-for-profit organization; or

(vi) is a provider of another category of child care services or youth services determined by the Secretary of Defense as appropriate for meeting the needs of members of the armed forces or employees of the Department of Defense.

(c) Funding.—To provide financial assistance under this subsection, the Secretary of Defense may use any funds appropriated to the Department of Defense for operation and maintenance.

(Added Pub. L. 106–65, div. A, title V, §584(a)(1)(B), Oct. 5, 1999, 113 Stat. 634; amended Pub. L. 107–314, div. A, title X, §1041(a)(6), Dec. 2, 2002, 116 Stat. 2645; Pub. L. 116–92, div. A, title VI, §624, Dec. 20, 2019, 133 Stat. 1428.)

Editorial Notes

Prior Provisions

A prior section 1798 was renumbered section 1800 of this title.

Amendments

2019—Subsec. (a). Pub. L. 116–92 inserted ", survivors of members of the armed forces who die in combat-related incidents in the line of duty," after "armed forces" in introductory provisions.

2002—Subsec. (d). Pub. L. 107–314 struck out heading and text of subsec. (d). Text read as follows:

"(1) Every two years the Secretary of Defense shall submit to Congress a report on the exercise of authority under this section. The report shall include an evaluation of the effectiveness of that authority for meeting the needs of members of the armed forces or employees of the Department of Defense for child care services and youth program services. The report may include any recommendations for legislation that the Secretary considers appropriate to enhance the capability of the Department of Defense to meet those needs.

"(2) A biennial report under this subsection may be combined with the biennial report under section 1799(d) of this title into a single report for submission to Congress."

Statutory Notes and Related Subsidiaries

Promotion of Certain Child Care Assistance

Pub. L. 117–263, div. A, title V, §577, Dec. 23, 2022, 136 Stat. 2606, provided that:

"(a) In General.—Each Secretary concerned shall promote, to members of the Armed Forces under the jurisdiction of such Secretary concerned, awareness of child care assistance available under—

"(1) section 1798 of title 10, United States Code; and

"(2) section 589 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 1791 note).

"(b) Reporting.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2022], each Secretary concerned shall submit to the Committees on Armed Services of the Senate and House of Representatives a report summarizing activities taken by such Secretary concerned to carry out subsection (a).

"(c) Secretary Concerned Defined.—In this section, the term 'Secretary concerned' has the meaning given such term in section 101 of title 10, United States Code."

First Biennial Reports

Pub. L. 106–65, div. A, title V, §584(b), Oct. 5, 1999, 113 Stat. 636, provided that the first biennial reports under former sections 1798(d) and 1799(d) of this title were to be submitted not later than Mar. 31, 2002, and were to cover fiscal years 2000 and 2001.

§1799. Child care services and youth program services for dependents: participation by children and youth otherwise ineligible

(a) Authority.—The Secretary of Defense may authorize participation in child care or youth programs of the Department of Defense, to the extent of the availability of space and services, by children and youth under the age of 19 who are not dependents of members of the armed forces or of employees of the Department of Defense and are not otherwise eligible for participation in those programs.

(b) Limitation.—Authorization of participation in a program under subsection (a) shall be limited to situations in which that participation promotes the attainment of the objectives set forth in subsection (c), as determined by the Secretary.

(c) Objectives.—The objectives for authorizing participation in a program under subsection (a) are as follows:

(1) To support the integration of children and youth of military families into civilian communities.

(2) To make more efficient use of Department of Defense facilities and resources.

(3) To establish or support a partnership or consortium arrangement with schools and other youth services organizations serving children of members of the armed forces.

(Added Pub. L. 106–65, div. A, title V, §584(a)(1)(B), Oct. 5, 1999, 113 Stat. 634; amended Pub. L. 107–314, div. A, title X, §1041(a)(7), Dec. 2, 2002, 116 Stat. 2645.)

Editorial Notes

Amendments

2002—Subsec. (d). Pub. L. 107–314 struck out heading and text of subsec. (d). Text read as follows:

"(1) Every two years the Secretary of Defense shall submit to Congress a report on the exercise of authority under this section. The report shall include an evaluation of the effectiveness of that authority for achieving the objectives set out under subsection (c). The report may include any recommendations for legislation that the Secretary considers appropriate to enhance the capability of the Department of Defense to attain those objectives.

"(2) A biennial report under this subsection may be combined with the biennial report under section 1798(d) of this title into a single report for submission to Congress."

§1800. Definitions

In this subchapter:

(1) The term "military child development center" means a facility on a military installation (or on property under the jurisdiction of the commander of a military installation) at which child care services are provided for members of the armed forces or any other facility at which such child care services are provided that is operated by the Secretary of a military department.

(2) The term "family home day care" means home-based child care services that are provided for members of the armed forces by an individual who (A) is certified by the Secretary of the military department concerned as qualified to provide those services, and (B) provides those services on a regular basis for compensation.

(3) The term "child care employee" means a civilian employee of the Department of Defense who is employed to work in a military child development center (regardless of whether the employee is paid from appropriated funds or nonappropriated funds).

(4) The term "child care fee receipts" means those nonappropriated funds that are derived from fees paid by members of the armed forces for child care services provided at military child development centers.

(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 335, §1798; renumbered §1800, Pub. L. 106–65, div. A, title V, §584(a)(1)(A), Oct. 5, 1999, 113 Stat. 634.)

Editorial Notes

Amendments

1999—Pub. L. 106–65 renumbered section 1798 of this title as this section.