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".
(a)
(b)
(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.)
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).
2021—Pub. L. 116–283 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
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."
Pub. L. 117–263, div. A, title VII, §722, Dec. 23, 2022, 136 Stat. 2663, provided that:
"(a)
"(b)
"(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)
"(d)
"(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]
"(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."
Pub. L. 117–81, div. B, title XXVIII, §2816, Dec. 27, 2021, 135 Stat. 2194, provided that:
"(a)
"(b)
"(1)
"(2)
"(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)
"(d)
"(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)
Pub. L. 116–283, div. A, title V, §588, Jan. 1, 2021, 134 Stat. 3656, provided that:
"(a) 24-
"(b)
"(c)
"(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."
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)
"(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)
"(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)
"(1)
"(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)
"(A) The elements specified in paragraph (1).
"(B) The recommendation of the Secretary whether to make the pilot program permanent.
"(d)
"(e)
"(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."
Pub. L. 116–92, div. A, title V, §580(c), Dec. 20, 2019, 133 Stat. 1407, provided that:
"(1)
"(2)
"(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)."
Pub. L. 115–91, div. A, title V, §558, Dec. 12, 2017, 131 Stat. 1405, provided that:
"(a)
"(b)
"(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)
Pub. L. 111–383, div. A, title V, §587, Jan. 7, 2011, 124 Stat. 4230, provided that:
"(a)
"(b)
"(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."
(a)
(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)
(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)
(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)
(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.)
1998—Subsecs. (d), (e). Pub. L. 105–261 redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows:
"(d)
"(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".
Pub. L. 117–263, div. A, title V, §576, Dec. 23, 2022, 136 Stat. 2605, provided that:
"(a)
"(b)
"(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)
"(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)
"(1)
"(2)
"(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)
"(1) commence not later than January 1, 2024; and
"(2) terminate on December 31, 2026.
"(f)
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."
Pub. L. 115–232, div. A, title V, §576, Aug. 13, 2018, 132 Stat. 1781, provided that:
"(a)
"(b)
"(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)
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.
(a)
(b)
(c)
(d)
(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.)
2022—Subsec. (d). Pub. L. 117–263 added subsec. (d).
2021—Subsec. (c). Pub. L. 116–283 added subsec. (c).
(a)
(b)
(2) The Secretary shall publicize the existence of the number.
(c)
(d)
(e)
(f)
(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.)
(a)
(b)
(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 334.)
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.)
Pub. L. 116–283, div. A, title VI, §627, Jan. 1, 2021, 134 Stat. 3678, provided that:
"(a)
"(b)
"(c)
"(d)
"(e)
"(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."
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.)
(a)
(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)
(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)
(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.)
A prior section 1798 was renumbered section 1800 of this title.
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."
Pub. L. 117–263, div. A, title V, §577, Dec. 23, 2022, 136 Stat. 2606, provided that:
"(a)
"(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)
"(c)
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.
(a)
(b)
(c)
(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.)
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."
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.)
1999—Pub. L. 106–65 renumbered section 1798 of this title as this section.