CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE
Title 10 > CHAPTER 88
Sections (25)
§ 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— shall coordinate programs and activities of the military departments to the extent that they relate to military families; and 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.— 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. 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. A non-medical mental health professional described in this subsection is a person who is— a currently licensed mental health care provider who holds a license that is— issued by a State, the District of Columbia, or a territory or possession of the United States; and recognized by the Secretary of Defense as an appropriate license for the provision of non-medical counseling services; a member of the armed forces, a civilian employee of the Department of Defense, or a contractor designated by the Secretary; and performing authorized duties for the Department of Defense under a program or activity referred to in paragraph (1). The authority under this subsection shall terminate three years after the date of the enactment of this subsection. 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.
§ 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.— The Council shall consist of the following members: 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. The following persons, who shall be appointed or designated by the Secretary of Defense: 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. 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. 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. 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. 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. The Director of the Office of Military Family Readiness Policy. 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. 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: To review and make recommendations to the Secretary of Defense regarding the policy and plans required under section 1781b of this title . To monitor requirements for the support of military family readiness programs and activities of the Department of Defense. To evaluate and assess the effectiveness of the military family readiness programs and activities of the Department of Defense. 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.— There is in the Council the Military Family Readiness Working Group for Military Housing (in this section referred to as the “Housing Working Group”). The Housing Working Group shall be composed of the following members: The Assistant Secretary of Defense for Energy, Installations, and Environment, who shall serve as chair of the Housing Working Group on a nondelegable basis. One representative of each of the Army, Navy, Air Force, Marine Corps, and Space Force— each of whom shall be a member of the armed force to be represented; and not fewer than two of whom shall be enlisted members. 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. 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. 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. The Director of the Office of Military Family Readiness Policy. 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. 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. The Housing Working Group shall meet at least two times each year. The duties of the Housing Working Group shall include the following: To review and make recommendations to the Secretary of Defense on policies for covered military housing, including inspections practices and resident surveys. To make recommendations to the Secretary of Defense to improve— 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 collaboration among policymakers, providers of such accommodations and other support services, and targeted beneficiaries of such accommodations and other support services. In this subsection: The term “landlord” has the meaning given that term in section 2871 of this title . 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.
§ 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: To ensure that the military family readiness programs and activities of the Department of Defense are comprehensive, effective, and properly supported. 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. 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. 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. 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: A list of military family readiness programs and activities. 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. Policies on access to military family support programs and activities based on military family populations served and geographical location. Metrics to measure the performance and effectiveness of the military family readiness programs and activities of the Department of Defense. 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.
§ 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: To develop and implement a comprehensive and standard policy on support for military families with special needs as required by subsection (d). To establish and oversee the programs required by subsection (e). To identify gaps in services available through the Department of Defense for military families with special needs. 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). 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. To monitor the availability and accessibility of programs provided by other Federal, State, local, and non-governmental agencies to military families with special needs. To conduct periodic reviews of best practices in the United States in the provision of medical and educational services for children with special needs. 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.— 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. The policy developed under this subsection shall include elements regarding the following: The assignment of members of the armed forces who are members of military families with special needs. Support for military families with special needs. 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: Assignment to locations where care and support for family members with special needs are available. Stabilization of assignment for a minimum of 4 years. 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. Protection from having a medical recommendation for an approved assignment overridden by the commanding officer. 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. In addressing support for military families under paragraph (2)(B), the policy developed under this subsection shall provide the following: Procedures to identify members of the armed forces who are members of military families with special needs. Mechanisms to ensure timely and accurate evaluations of members of such families who have special needs. 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. 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. 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. 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. 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. 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. 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.— 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. The Office shall establish, maintain, and oversee a program of outreach on special needs matters for military families with special needs. The program shall— assist military families in identifying whether or not they have a member with special needs; and 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. 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). 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. 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.— 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. Each report under this subsection shall include the following: 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). A description of the actions being taken, or planned, to address such gaps, including any plans developed under subsection (c)(4). With respect to the Extended Care Health Option program under section 1079(d) of this title — the utilization rates of services under such program by eligible dependents (as such term is defined in such section) during the prior year; a description of gaps in such services, as ascertained by the Secretary from information provided by families of eligible dependents; 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 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. 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 .
§ 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— members of the armed forces who are on active duty, in an active status, or retired; family members of such members; and 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.
§ 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 .)
§ 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— 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 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— to implement such measures as the President orders under subsection (a); 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; 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 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— 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 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.— 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. The amount provided under paragraph (1) as assistance for the development of any particular interstate compact may not exceed 4,000,000. 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: 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. Any interstate compact developed during a prior calendar year into which one or more additional States agreed to enter during the preceding calendar year.
(i) Employment Fellowship Opportunities.— The Secretary of Defense shall carry out a program to provide spouses of members of the armed forces with paid fellowships (including in-person, remote, and hybrid fellowships) with employers in various industries. To carry out such program, the Secretary shall take the following steps: Seek to enter into an agreement with an entity to conduct such program. Determine the appropriate capacity for the program based on the availability of appropriations for such purpose. Establish criteria to evaluate the effectiveness and cost-effectiveness of the program in supporting the employment of such spouses. The authority to carry out the program under this subsection shall terminate on January 1, 2031 .
§ 1784a Education and training opportunities for military spouses to expand employment and portable career opportunities
(a) Programs and Tuition Assistance.— The Secretary of Defense may establish programs to assist the spouse of a member of the armed forces described in subsection (b) in achieving— 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 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. 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.— Assistance under this section is limited to a spouse of a member of the armed forces who is serving on active duty. 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— 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 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— as a doula or International Board Certified Lactation Consultant; and 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).
§ 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.
§ 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).
§ 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.
§ 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— 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 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: The term “Commander” means the Commander of the United States Special Operations Command. The term “immediate family members” has the meaning given that term in section 1789(c) of this title . The term “special operations forces” means those forces of the armed forces identified as special operations forces under section 167(j) of this title . 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). The term “covered individuals” means— members of the Armed Forces (including the reserve components) assigned to special operations forces; service personnel assigned to support special operations forces; immediate family members of individuals described in subparagraphs (A) and (B); and immediate family members of individuals described in subparagraphs (A) or (B) in a case in which such individual died— as a direct result of armed conflict; while engaged in hazardous service; in the performance of duty under conditions simulating war; or through an instrumentality of war.
§ 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— a member of the armed forces on active duty; a member of the reserve components in an active status; or a dependent of an individual described in paragraph (1) or (2).
§ 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 .)
§ 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.
§ 1792 Child care employees
(a) Required Training.— 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. 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. The training program established under this subsection shall cover, at a minimum, training in the following: Early childhood development. Activities and disciplinary techniques appropriate to children of different ages. Child abuse prevention and detection. Cardiopulmonary resuscitation and other emergency medical procedures.
(b) Training and Curriculum Specialists.— 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. The duties of such employees shall include the following: Special teaching activities at the center. Daily oversight and instruction of other child care employees at the center. Daily assistance in the preparation of lesson plans. Assistance in the center’s child abuse prevention and detection program. Advising the director of the center on the performance of other child care employees. 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 who are paid from nonappropriated funds— in the case of entry-level employees, shall be paid a rate of pay competitive with the rates of pay paid to other equivalent non-Federal positions within the metropolitan statistical area or non-metropolitan statistical area (as the case may be) in which such Department employee’s position is located; and in the case of any employee not covered by subparagraph (A), shall be paid a rate of pay competitive with the rates of pay paid to other employees with similar training, seniority, and experience within the metropolitan statistical area or non-metropolitan statistical area (as the case may be) in which such Department employee’s position is located. Notwithstanding paragraph (1), no employee shall receive a rate of pay under this subsection that is lower than the minimum hourly rate of pay applicable to civilian employees of the Department of Defense. For purposes of determining the rates of pay under paragraph (1), the Secretary shall use the metropolitan and nonmetropolitan area occupational employment and wage estimates published monthly by the Bureau of Labor Statistics.
(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 .
§ 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.— In order to support recruitment and retention initiatives, the Secretary of Defense shall charge reduced fees for the attendance, at a military child development center, of the children of a child care employee as follows: For the first child, no fee. For each other child, a fee equal to or less than a fee discounted under subsection (c).
(e) Prohibition of Concurrent Discounts.— A family may not receive discounts under subsections (c) and (d) concurrently.
§ 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.— 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. The Secretary shall publicize the existence of the number by means including— posting it in public areas of military child development centers; and providing it to the parents and legal guardians of children who attend military child development centers.
(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.— 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. 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.
(g) Notification of Suspected Child Abuse.— The Secretary of Defense shall prescribe regulations that require the director of a military child development center to notify a parent or guardian of a child who is the suspected victim of a covered incident not later than 24 hours after a child care employee at such military child development center learns of such covered incident. The requirement under paragraph (1) shall not apply if notification under such paragraph threatens the integrity of a law enforcement investigation of such covered incident. In this subsection, the term “covered incident” means alleged or suspected abuse or neglect of a child that occurs at a military child development center.
§ 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.
§ 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 .)
§ 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— is in the best interest of the Department of Defense; 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 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— is licensed to provide those services under applicable State and local law; has previously provided such services for members of the armed forces or employees of the United States; and either— is a family home day care provider; or is a provider of family child care services that— otherwise provides federally funded or sponsored child development services; provides the services in a child development center owned and operated by a private, not-for-profit organization; provides before-school or after-school child care program in a public school facility; conducts an otherwise federally funded or federally sponsored school age child care or youth services program; conducts a school age child care or youth services program that is owned and operated by a not-for-profit organization; or 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.
(d) Annual Review of Amount of Assistance.— The Secretary shall annually review the amount of financial assistance provided under this section, including the maximum amount of financial assistance per month per child that the Secretary authorizes to be provided to eligible providers under this section.
§ 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: To support the integration of children and youth of military families into civilian communities. To make more efficient use of Department of Defense facilities and resources. To establish or support a partnership or consortium arrangement with schools and other youth services organizations serving children of members of the armed forces.
§ 1800 Definitions
In this subchapter: 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. 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. 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). 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 .)