1.This Act may be cited as
the Military Child Care Act of
2008
.
2.Respite care for
spouses, caregivers, and survivors of members of the Armed Forces deploying to
combat zones
(a)Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall issue guidance to ensure access to,
and affordability of, respite care as follows:
(1)For spouses of
members of the Armed Forces deployed to a combat zone, and for caregivers with
respect to such members, respite care in caring for children of such members
under the age of 13 throughout the period of such member's deployment to a
combat zone.
(2)For survivors of
members of the Armed Forces deployed to a combat zone who are killed during
such deployment, respite care in caring for children of such members until such
children reach the age of 13.
(b)For
purposes of subsection (a), a spouse, caregiver, or survivor of a member
described in that subsection shall be treated as having access to respite care
for the time applicable under that subsection if—
(1)access to
high-quality respite care is available at the child development program at the
permanent duty station of the member concerned during the entirety of such
time;
(2)in the event
access is not available as described in paragraph (1), or the spouse,
caregiver, or survivor does not reside on a military installation, access is
provided (whether by payment or reimbursement) to high-quality respite care
from a non-Department of Defense source approved by the Secretary for purposes
of this section during the entirety of such time; or
(3)access to
high-quality respite care throughout such period is achieved by a combination
of the mechanisms described in paragraphs (1) and (2).
(c)Not
later than 180 days after the date of the enactment of this Act, the Secretary
shall submit to Congress a report on this section, The report shall include the
following:
(1)A description of
the guidance issued under this section, including a description of the manner
in which respite care will be provided under this section regardless of whether
the spouses, caregivers, or survivors concerned reside on or off a military
installation.
(2)Such
recommendations as the Secretary considers appropriate for legislative or
administrative action to improve access to and affordability of high-quality
respite care for spouses of members of the Armed Forces described in subsection
(a) in caring for children of such members under the age of 13 throughout the
time applicable under that subsection.
(d)In this section, the term caregiver means an
individual who—
(1)is at least 18
years of age;
(2)is capable of
self care; and
(3)is capable of
care of children under the age of 13.