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.
(a)
(b)
(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)
(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.)
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).
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."
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.
Pub. L. 117–81, div. A, title V, §549(c), (d), (g), Dec. 27, 2021, 135 Stat. 1715, 1719, 1721, provided that:
"(c)
"(1)
"(A)
"(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)
"(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)
"(D)
"(i)
"(ii)
"(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)
"(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)
"(i)
"(ii)
"(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)
"(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)
"(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)
"(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)
"(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)
"(i)
"(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)
"(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)
"(2)
"(3)
"(d)
"(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)
"(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."
Pub. L. 116–283, div. A, title V, §581, Jan. 1, 2021, 134 Stat. 3651, provided that:
"(a)
"(b)
"(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)
"(d)
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."
Pub. L. 116–92, div. A, title V, §570D, Dec. 20, 2019, 133 Stat. 1399, provided that:
"(a)
"(b)
"(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."
Pub. L. 116–92, div. A, title V, §570E, Dec. 20, 2019, 133 Stat. 1400, provided that:
"(a)
"(1)
"(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)
"(3)
"(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)
"(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)
"(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)
"(7)
"(A)
"(B)
"(C)
"(b)
"(1)
"(2)
"(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)
Pub. L. 115–232, div. A, title V, §558, Aug. 13, 2018, 132 Stat. 1775, provided that:
"(a)
"(b)
Pub. L. 115–232, div. A, title X, §1089, Aug. 13, 2018, 132 Stat. 1996, provided that:
"(a)
"(b)
"(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."
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."
Pub. L. 114–328, div. A, title V, §577, Dec. 23, 2016, 130 Stat. 2143, provided that:
"(a)
"(b)
"(1)
"(2)
"(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)
Pub. L. 111–84, div. A, title V, §561, Oct. 28, 2009, 123 Stat. 2302, provided that:
"(a)
"(1)
"(2)
"(b)
"(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)
"(d)
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.
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)
"(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)
"(c)
"(d)
"(e)
"(f)
"(1)
"(2)
"(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)
"(1)
"(2)
"(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)
Pub. L. 108–136, div. A, title V, §581, Nov. 24, 2003, 117 Stat. 1489, provided that:
"(a)
"(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)
"(c)
"(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."
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:
(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.
(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.
(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.
(a)
(b)
(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 and two of whom shall be the spouse or parent of a reserve component member.
(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)
(d)
(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)
(2) Each report under this subsection shall include the following:
(A) An assessment of the adequacy and effectiveness of the military family readiness programs and activities of the Department of Defense during the preceding fiscal year in meeting the needs and requirements of military families.
(B) Recommendations on actions to be taken to improve the capability of the military family readiness programs and activities of the Department of Defense to meet the needs and requirements of military families, including actions relating to the allocation of funding and other resources to and among such programs and activities.
(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.)
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."
Pub. L. 115–232, div. A, title V, §571(d), Aug. 13, 2018, 132 Stat. 1778, provided that:
"(1)
"(2)
For termination, effective Dec. 31, 2021, of provisions in subsec. (e) 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.
(a)
(b)
(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 and military families of members of the reserve components.
(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)
(1) A list of military family readiness programs and activities.
(2) Department of Defense-wide goals for military family support, including joint programs, both for military families of members of the regular components and military families of members of the reserve components.
(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.)
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".
Pub. L. 117–81, div. A, title V, §565, Dec. 27, 2021, 135 Stat. 1749, provided that:
"(a)
"(1) identify remote military installations; and
"(2) assess and manage challenges associated with remote military installations and military personnel assigned to remote locations.
"(b)
"(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)
"(d)
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)
"(b)
"(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)
"(d)
"(e)
"(f)
"(g)
"(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)
"(1)
"(2)
"(3)
"(A)
"(B)
"(i)
"(ii)
"(4)
"(i)
"(j)
"(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."
(a)
(b)
(c)
(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)
(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)
(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)
(g)
(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)
(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.)
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".
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.
Pub. L. 117–81, div. A, title V, §562(b)–(d), Dec. 27, 2021, 135 Stat. 1747, provided that:
"(b)
"(c)
"(d)
"(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)
"(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)
"(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)
"(e)
"(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."
Pub. L. 116–283, div. A, title V, §589G, Jan. 1, 2021, 134 Stat. 3663, provided that:
"(a)
"(1)
"(2)
"(A) The number of special education disputes filed.
"(B) The outcome or disposition of the disputes.
"(3)
"(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)
"(b)
"(1)
"(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)
"(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)
"(c)
"(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)."
Pub. L. 111–84, div. A, title V, §563(b), Oct. 28, 2009, 123 Stat. 2307, provided that:
"(1)
"(2)
"(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)
"(4)
"(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)
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."
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)
"(2)
"(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)
"(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)
(a)
(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)
(c)
(d)
(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.)
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."
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.)
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.)".
(a)
(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)
(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)
(d)
(e)
(f)
(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)
(h)
(1)
(2)
(3)
(4)
(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)
(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.)
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).
Pub. L. 117–81, div. A, title V, §564, Dec. 27, 2021, 135 Stat. 1748, provided that:
"(a)
"(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)
"(c)
"(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)
"(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)
Pub. L. 117–81, div. A, title V, §566, Dec. 27, 2021, 135 Stat. 1749, provided that:
"(a)
"(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)
Pub. L. 117–81, div. A, title VI, §625, Dec. 27, 2021, 135 Stat. 1772, provided that:
"(a)
"(b)
"(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)
"(d)
"(1)
"(2)
"(3)
"(e)
"(f)
"(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)
"(1)
"(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)
"(h)
"(i)
"(1)
"(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 of the House of Representatives.
"(2)
"(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)
"(4)
Pub. L. 116–283, div. A, title V, §587, Jan. 1, 2021, 134 Stat. 3655, provided that:
"(a)
"(1) Institutions of primary, secondary, and higher education.
"(2) Software and coding companies.
"(3) Local small businesses.
"(4) Companies that employ telework.
"(b)
"(c)
"(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."
Pub. L. 115–91, div. A, title V, §560, Dec. 12, 2017, 131 Stat. 1406, provided that:
"(a)
"(b)
"(c)
"(d)
"(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)
Pub. L. 113–291, div. A, title V, §568, Dec. 19, 2014, 128 Stat. 3386, provided that:
"(a)
"(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)
"(1) in reducing military spouse unemployment and underemployment; and
"(2) in reducing the wage gap between military spouses and their civilian counterparts.
"(c)
Pub. L. 111–84, div. A, title V, §564, Oct. 28, 2009, 123 Stat. 2308, provided that:
"(a)
"(b)
"(1)
"(2)
"(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)
"(d)
"(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)
"(f)
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)."
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.
(a)
(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)
(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)
(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)
(e)
(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.)
2019—Subsec. (b). Pub. L. 116–92 designated existing provisions as par. (1) and added par. (2).
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)
"(b)
Pub. L. 115–232, div. A, title V, §574, Aug. 13, 2018, 132 Stat. 1780, provided that:
"(a)
"(b)
"(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)
(a)
(b)
(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 331.)
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.)
(a)
(b)
(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.)
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".
Pub. L. 116–283, div. A, title V, §549B, Jan. 1, 2021, 134 Stat. 3621, provided that:
"(a)
"(1)
"(2)
"(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)
"(1)
"(2)
"(A)
"(B)
"(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)
"(D)
"(3)
"(c)
"(1)
"(2)
"(A)
"(B)
"(3)
"(A)
"(B)
"(4)
"(A)
"(B)
"(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)
"(6)
"(A)
"(B)
"(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)
"(D)
"(7)
"(d)
"(1)
"(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)
"(A)
"(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)
"(C)
Pub. L. 114–328, div. A, title V, §575(a), Dec. 23, 2016, 130 Stat. 2142, provided that:
"(a)
"(1)
"(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)
"(3)
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.
(a)
(b)
(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.)
2011—Subsec. (b). Pub. L. 111–383 substituted "armed forces" for "Armed Forces".
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."
Pub. L. 115–232, div. A, title V, §578, Aug. 13, 2018, 132 Stat. 1783, provided that:
"(a)
"(1)
"(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)
"(3)
"(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)
"(5)
"(6)
"(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)
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(3)
"(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)
"(1)
"(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)
"(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)
"(g)
"(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."
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.]
Pub. L. 109–364, div. A, title V, §575, Oct. 17, 2006, 120 Stat. 2227, provided that:
"(a)
"(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)
"(c)
"(d)
"(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)
"(1)
"(2)
"(3)
"(4)
"(f)
"(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)
(a)
(b)
(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)
[(d) Repealed. Pub. L. 116–92, div. A, title XVII, §1702(c)(1), Dec. 20, 2019, 133 Stat. 1796.]
(e)
(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.)
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.
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".
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."
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.
(a)
(b)
(c)
(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 subparagraph (A) or (B).1
(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.)
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".
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."
1 So in original. Probably should be "paragraph (1) or (2)."
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.)
2013—Pub. L. 112–239, in section catchline, substituted "Military personnel citizenship processing" for "MILITARY PERSONNEL CITIZENSHIP PROCESSING", and in text, struck out "
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.