-CITE- 10 USC CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE -HEAD- CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE -MISC1- Subchapter Sec. I. Military Family Programs 1781 II. Military Child Care 1791 -End- -CITE- 10 USC SUBCHAPTER I - MILITARY FAMILY PROGRAMS 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER I - MILITARY FAMILY PROGRAMS -HEAD- SUBCHAPTER I - MILITARY FAMILY PROGRAMS -MISC1- Sec. 1781. Office of Family Policy. 1781a. Department of Defense Military Family Readiness Council. 1781b. Department of Defense policy and plans for military family readiness. 1782. Surveys of military families. 1783. Family members serving on advisory committees. 1784. Employment opportunities for military spouses. 1784a. Education and training opportunities for military spouses to expand employment and portable career opportunities. 1785. Youth sponsorship program. 1786. Dependent student travel within the United States. 1787. Reporting of child abuse. 1788. Additional family assistance. 1789. Chaplain-led programs: authorized support. AMENDMENTS 2008 - Pub. L. 110-417, [div. A], title V, Sec. 582(b), Oct. 14, 2008, 122 Stat. 4474, added item 1784a. Pub. L. 110-181, div. A, title V, Sec. 581(d), Jan. 28, 2008, 122 Stat. 122, added items 1781a and 1781b. 2003 - Pub. L. 108-136, div. A, title V, Sec. 582(a)(2), Nov. 24, 2003, 117 Stat. 1490, added item 1789. 2002 - Pub. L. 107-314, div. A, title VI, Sec. 652(a)(2), Dec. 2, 2002, 116 Stat. 2581, added item 1788. -End- -CITE- 10 USC Sec. 1781 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER I - MILITARY FAMILY PROGRAMS -HEAD- Sec. 1781. Office of Family Policy -STATUTE- (a) Establishment. - There is in the Office of the Secretary of Defense an Office of Family Policy (hereinafter in this section referred to as the "Office"). The Office shall be under the Assistant Secretary of Defense for Force Management and Personnel. (b) Duties. - The Office - (1) shall coordinate programs and activities of the military departments to the extent that they relate to military families; and (2) shall make recommendations to the Secretaries of the military departments with respect to programs and policies regarding military families. (c) Staff. - The Office shall have not less than five professional staff members. -SOURCE- (Added Pub. L. 104-106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 330.) -MISC1- PRIOR PROVISIONS Provisions similar to those in this subchapter were contained in Pub. L. 99-145, title VIII, Nov. 8, 1985, 99 Stat. 678, as amended, which was set out as a note under section 113 of this title, prior to repeal by Pub. L. 104-106, Sec. 568(e)(1). EDUCATION AND TREATMENT SERVICES FOR MILITARY DEPENDENT CHILDREN WITH AUTISM Pub. L. 110-181, div. A, title V, Sec. 587, Jan. 28, 2008, 122 Stat. 133, provided that: "(a) Assessment of Availability of Services. - The Secretary of Defense shall conduct a comprehensive assessment of the availability of Federal, State, and local education and treatment services on and in the vicinity of a covered military installation for children of members of the Armed Forces who are diagnosed with autism. This assessment shall include the following: "(1) The local availability of adequate educational services for children with autism. "(2) The local availability of adequate medical services for children with autism. "(3) The local availability of supplemental services for children with autism. "(4) The ease of access of children with autism to adequate educational services, such as the length of time on waiting lists. "(b) Review of Best Practices. - In preparing the assessment under subsection (a), the Secretary of Defense shall conduct a review of best practices in the United States in the provision of covered educational services and treatment services for children with autism, including an assessment of Federal and State education and treatment services for children with autism in each State, with an emphasis on locations where eligible members and eligible dependents reside. The Secretary of Defense shall conduct the review in coordination with the Secretary of Education. "(c) Personnel Management Requirements. - "(1) Limited stationing options. - The Secretary of the military department concerned shall ensure that, whenever practicable, eligible members are only assigned to military installations that are identified in the report required by subsection (g)(1). "(2) Stabilization policy. - The Secretary of the military department concerned shall ensure that, whenever practicable, the families of eligible members residing at a military installation that is identified in such report are permitted to remain at that installation for a period of not less than 4 years. "(d) Case Managers and Services. - "(1) Case managers. - The Secretary of the military department concerned shall ensure that eligible members are assigned case managers for both medical services and covered educational services for eligible dependents, which shall be required under the Exceptional Family Member Program pursuant to the policy established by the Secretary. "(2) Individualized services plan. - The Secretary of the military department concerned shall provide for the voluntary development for eligible dependents of individualized autism services plans for use by case managers, caregivers, and families to ensure continuity of services throughout the active military service of eligible members. "(3) Autism support centers. - The Secretary of the military department concerned may establish local centers on military installations for the purpose of providing and coordinating autism services for eligible dependents. "(4) Partnerships and contracts. - The Secretary of the military department concerned is encouraged to enter into partnerships or contracts with other appropriate public and private entities to carry out the responsibilities of this section. "(e) Demonstration Projects. - "(1) Projects authorized. - The Secretary of Defense may conduct 1 or more demonstration projects to evaluate improved approaches to the provision of covered educational services and treatment services to eligible dependents for the purpose of evaluating strategies for integrated treatment and case manager services, including early intervention and diagnosis, medical care, parent involvement, special education services, intensive behavioral intervention, and language, communications, and other interventions considered appropriate by the Secretary. "(2) Case managers and services plan. - Each demonstration project shall include the assignment of case managers under paragraph (1) of subsection (d) and utilize the services plans prepared for eligible dependents under paragraph (2) of such subsection. "(3) Supervisory level providers. - The Secretary of Defense may utilize for purposes of the demonstration projects personnel who are professionals with a level (as determined by the Secretary) of post-secondary education that is appropriate for the provision of safe and effective services for autism and who are from an accredited educational facility in the mental health, human development, social work, or education field to act as supervisory level providers of behavioral intervention services for autism. In so acting, such personnel may be authorized - "(A) to develop and monitor intensive behavior intervention plans for eligible dependents who are participating in the demonstration projects; and "(B) to provide appropriate training in the provision of approved services to participating eligible dependents. "(4) Services under corporate services provider model. - In carrying out the demonstration projects, the Secretary of Defense may utilize a corporate services provider model. Employees of a provider under such a model shall include personnel who implement special educational and behavioral intervention plans for eligible dependents that are developed, reviewed, and maintained by supervisory level providers approved by the Secretary. In authorizing such a model, the Secretary shall establish - "(A) minimum education, training, and experience criteria required to be met by employees who provide services to eligible dependents; "(B) requirements for supervisory personnel and supervision, including requirements for supervisor credentials and for the frequency and intensity of supervision; and "(C) such other requirements as the Secretary considers appropriate to ensure safety and the protection of the eligible dependents who receive services from such employees under the demonstration projects. "(5) Period. - If the Secretary of Defense determines to conduct demonstration projects under this subsection, the Secretary shall commence such demonstration projects not later than 180 days after the date of the enactment of this Act [Jan. 28, 2008]. The demonstration projects shall be conducted for not less than 2 years. "(6) Evaluation. - The Secretary of Defense shall conduct an evaluation of each demonstration project conducted under this section. The evaluation shall include the following: "(A) An assessment of the extent to which the activities under the demonstration project contributed to positive outcomes for eligible dependents. "(B) An assessment of the extent to which the activities under the demonstration project led to improvements in services and continuity of care for eligible dependents. "(C) An assessment of the extent to which the activities under the demonstration project improved military family readiness and enhanced military retention. "(f) Relationship to Other Benefits. - Nothing in this section precludes the eligibility of members of the Armed Forces and their dependents for extended benefits under section 1079 of title 10, United States Code. "(g) Reports. - "(1) Report identifying covered military installations. - As a result of the assessment required by subsection (a), the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], not later than December 31, 2008, a report identifying those covered military installations that have covered educational services and facilities available (on the installation or in the vicinity of the installation) for eligible dependents that provide special education and related services consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). "(2) Reports on demonstration projects. - Not later than 30 months after the commencement of any demonstration project under subsection (e), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the demonstration project. The report shall include a description of the project, the results of the evaluation under subsection (e)(6) with respect to the project, and a description of plans for the further provision of services for eligible dependents under the project. "(h) Covered Educational Services Plan. - After completing the assessment required by subsection (a) and the report required by subsection (g)(1), the Secretary of Defense shall develop a plan that would ensure that all eligible dependents are able to obtain covered educational services. In the event that eligible members are assigned to military installations that are not identified in the report required by subsection (g)(1), the plan should ensure that such eligible dependents are still able to obtain covered educational services, including by the use of authority granted to the Secretary under section 2164 of title 10, United States Code. The plan shall also include any legislative actions that the Secretary recommends to implement the plan and describe what funding or funding mechanisms may be needed to ensure eligible dependents obtain covered educational services. The Secretary shall submit the plan to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] not later than July 1, 2009. "(i) Definitions. - In this section: "(1) The term 'autism' refers to the Autism Spectrum Disorders, which are developmental disabilities that cause substantial impairments in the areas of social interaction, emotional regulation, communication, and the integration of higher-order cognitive processes and are often characterized by the presence of unusual behaviors and interests. The term includes autistic disorder, pervasive developmental disorder (not otherwise specified), and Asperger's syndrome. "(2) The term 'child' has the meaning given that term in section 1072 of title 10, United States Code. "(3) The term 'covered military installation' means a military installation at which at least 1,000 members of the Armed Forces are assigned who are eligible for an assignment accompanied by dependents. "(4) The term 'eligible member' means a member of the Armed Forces who - "(A) has a dependent child who is diagnosed with autism; and "(B) is enrolled in an Exceptional Family Member Program of the Department of Defense. "(5) The term 'eligible dependent' means a child of an eligible member who is diagnosed with autism. "(6) The term 'local educational agency' has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)), except that the term includes publicly financed schools in communities, Department of Defense domestic dependent elementary and secondary schools, and schools of the defense dependents' education system. "(7) The term 'covered educational services' includes behavioral intervention services for autism, such as Applied Behavioral Analysis." JOINT FAMILY SUPPORT ASSISTANCE PROGRAM Pub. L. 109-364, div. A, title VI, Sec. 675, Oct. 17, 2006, 120 Stat. 2273, provided that: "(a) Program Required. - The Secretary of Defense shall carry out a joint family support assistance program for the purpose of providing to families of members of the Armed Forces the following types of assistance: "(1) Financial and material assistance. "(2) Mobile support services. "(3) Sponsorship of volunteers and family support professionals for the delivery of support services. "(4) Coordination of family assistance programs and activities provided by Military OneSource, Military Family Life Consultants, counselors, the Department of Defense, other Federal agencies, State and local agencies, and non-profit entities. "(5) Facilitation of discussion on military family assistance programs, activities, and initiatives between and among the organizations, agencies, and entities referred to in paragraph (4). "(6) Such other assistance that the Secretary considers appropriate. "(b) Locations. - The Secretary of Defense shall carry out the program in not more than six areas of the United States selected by the Secretary. Up to three of the areas selected for the program shall be areas that are geographically isolated from military installations. "(c) Resources and Volunteers. - The Secretary of Defense shall provide personnel and other resources of the Department of Defense necessary for the implementation and operation of the program and may accept and utilize the services of non-Government volunteers and non-profit entities under the program. "(d) Procedures. - The Secretary of Defense shall establish procedures for the operation of the program and for the provision of assistance to families of members of the Armed Forces under the program. "(e) Relation to Family Support Centers. - The program is not intended to operate in lieu of existing family support centers, but is instead intended to augment the activities of the family support centers. "(f) Implementation Plan. - "(1) Plan required. - Not later than 90 days after the date on which funds are first obligated for the program, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report setting forth a plan for the implementation of the program. "(2) Elements. - The plan required under paragraph (1) shall include the following: "(A) A description of the actions taken to select the areas in which the program will be conducted. "(B) A description of the procedures established under subsection (d). "(C) A review of proposed actions to be taken under the program to improve coordination of family assistance program and activities between and among the Department of Defense, other Federal agencies, State and local agencies, and non- profit entities. "(g) Report. - "(1) Report required. - Not later than 270 days after the date on which funds are first obligated for the program, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the program. "(2) Elements. - The report shall include the following: "(A) A description of the program, including the areas in which the program is conducted, the procedures established under subsection (d) for operation of the program, and the assistance provided through the program for families of members of the Armed Forces. "(B) An assessment of the effectiveness of the program in providing assistance to families of members of the Armed Forces. "(C) An assessment of the advisability of extending the program or making it permanent. "(h) Duration. - The authority to carry out the program shall expire at the end of the three-year period beginning on the date on which funds are first obligated for the program." RECOGNITION OF MILITARY FAMILIES Pub. L. 108-136, div. A, title V, Sec. 581, Nov. 24, 2003, 117 Stat. 1489, provided that: "(a) Findings. - Congress makes the following findings: "(1) The families of both active and reserve component members of the Armed Forces, through their sacrifices and their dedication to the Nation and its values, contribute immeasurably to the readiness of the Armed Forces. "(2) Without the continued support of military families, the Nation's ability to sustain a high quality all-volunteer military force would be undermined. "(3) In the perilous and challenging times of the global war on terrorism, with hundreds of thousands of active and reserve component military personnel deployed overseas in places of combat and other imminent danger, military families are making extraordinary sacrifices and will be required to do so for the foreseeable future. "(4) Beginning in 1997, military family service and support centers have responded to the encouragement and support of private, non-profit organizations to recognize and honor the American military family during the Thanksgiving period each November. "(b) Military Family Recognition. - In view of the findings in subsection (a), Congress determines that it is appropriate that special measures be taken annually to recognize and honor the American military family. "(c) Department of Defense Programs and Activities. - The Secretary of Defense shall - "(1) implement and sustain programs, including appropriate ceremonies and activities, to recognize and honor the contributions and sacrifices of the American military family, including families of both active and reserve component military personnel; "(2) focus the celebration of the American military family during a specific period of each year to give full and proper recognition to those families; and "(3) seek the assistance and support of appropriate civilian organizations, associations, and other entities (A) in carrying out the annual celebration of the American military family, and (B) in sustaining other, longer-term efforts to support the American military family." -End- -CITE- 10 USC Sec. 1781a 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER I - MILITARY FAMILY PROGRAMS -HEAD- Sec. 1781a. Department of Defense Military Family Readiness Council -STATUTE- (a) In General. - There is in the Department of Defense the Department of Defense Military Family Readiness Council (in this section referred to as the "Council"). (b) Members. - (1) The Council shall consist of the following members: (A) The Under Secretary of Defense for Personnel and Readiness, who shall serve as chair of the Council. (B) One representative of each of the Army, Navy, Marine Corps, and Air Force, who shall be appointed by the Secretary of Defense. (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) In addition to the representatives appointed under subparagraph (B), 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. (2) The term on the Council of the members appointed under paragraph (1)(C) shall be three years. (c) Meetings. - The Council shall meet not less often than twice each year. (d) Duties. - The duties of the Council shall include the following: (1) To review and make recommendations to the Secretary of Defense regarding the policy and plans required under section 1781b of this title. (2) To monitor requirements for the support of military family readiness by the Department of Defense. (3) To evaluate and assess the effectiveness of the military family readiness programs and activities of the Department of Defense. (e) Annual Reports. - (1) Not later than February 1 each year, the Council shall submit to the Secretary of Defense and the congressional defense committees a report on military family readiness. (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. -SOURCE- (Added Pub. L. 110-181, div. A, title V, Sec. 581(a), Jan. 28, 2008, 122 Stat. 120.) -End- -CITE- 10 USC Sec. 1781b 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER I - MILITARY FAMILY PROGRAMS -HEAD- Sec. 1781b. Department of Defense policy and plans for military family readiness -STATUTE- (a) Policy and Plans Required. - The Secretary of Defense shall develop a policy and plans for the Department of Defense for the support of military family readiness. (b) Purposes. - The purposes of the policy and plans required under subsection (a) are as follows: (1) To ensure that the military family readiness programs and activities of the Department of Defense are comprehensive, effective, and properly supported. (2) To ensure that support is continuously available to military families in peacetime and in war, as well as during periods of force structure change and relocation of military units. (3) To ensure that the military family readiness programs and activities of the Department of Defense are available to all military families, including military families of members of the regular components 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) Elements of Policy. - The policy required under subsection (a) shall include the following elements: (1) A list of military family readiness programs and activities. (2) Department of Defense-wide goals for military family support, including joint programs, 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. (d) Annual Report. - Not later than March 1, 2008, and each year thereafter, 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. -SOURCE- (Added Pub. L. 110-181, div. A, title V, Sec. 581(a), Jan. 28, 2008, 122 Stat. 121.) -End- -CITE- 10 USC Sec. 1782 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER I - MILITARY FAMILY PROGRAMS -HEAD- Sec. 1782. Surveys of military families -STATUTE- (a) Authority. - The Secretary of Defense, in order to determine the effectiveness of Federal programs relating to military families and the need for new programs, may conduct surveys of - (1) members of the armed forces who are on active duty, in an active status, or retired; (2) family members of such members; and (3) survivors of deceased retired members and of members who died while on active duty. (b) Responses To Be Voluntary. - Responses to surveys conducted under this section shall be voluntary. (c) Federal Recordkeeping Requirements. - With respect to a survey authorized under subsection (a) that includes a person referred to in that subsection who is not an employee of the United States or is not otherwise considered an employee of the United States for the purposes of section 3502(3)(A)(i) of title 44, the person shall be considered as being an employee of the United States for the purposes of that section. (d) Survey Required for Fiscal Year 2010. - Notwithstanding subsection (a), during fiscal year 2010, the Secretary of Defense shall conduct a survey otherwise authorized under such subsection. Thereafter, additional surveys may be conducted not less often than once every three fiscal years. -SOURCE- (Added Pub. L. 104-106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 330; amended Pub. L. 107-107, div. A, title V, Sec. 572, Dec. 28, 2001, 115 Stat. 1122; Pub. L. 110-181, div. A, title V, Sec. 581(c), Jan. 28, 2008, 122 Stat. 122.) -MISC1- AMENDMENTS 2008 - Subsec. (d). Pub. L. 110-181 added subsec. (d). 2001 - Subsec. (a). Pub. L. 107-107, Sec. 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, Sec. 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." -End- -CITE- 10 USC Sec. 1783 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER I - MILITARY FAMILY PROGRAMS -HEAD- Sec. 1783. Family members serving on advisory committees -STATUTE- 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 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.) solely because of such membership. -SOURCE- (Added Pub. L. 104-106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 330.) -REFTEXT- REFERENCES IN TEXT Section 3(2) of the Federal Advisory Committee Act, referred to in text, is section 3(2) of Pub. L. 92-463, which is set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 10 USC Sec. 1784 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER I - MILITARY FAMILY PROGRAMS -HEAD- Sec. 1784. Employment opportunities for military spouses -STATUTE- (a) Authority. - The President shall order such measures as the President considers necessary to increase employment opportunities for spouses of members of the armed forces. Such measures may include - (1) excepting, pursuant to section 3302 of title 5, from the competitive service positions in the Department of Defense located outside of the United States to provide employment opportunities for qualified spouses of members of the armed forces in the same geographical area as the permanent duty station of the members; and (2) providing preference in hiring for positions in nonappropriated fund activities to qualified spouses of members of the armed forces stationed in the same geographical area as the nonappropriated fund activity for positions in wage grade UA- 8 and below and equivalent positions and for positions paid at hourly rates. (b) Regulations. - The Secretary of Defense shall prescribe regulations - (1) to implement such measures as the President orders under subsection (a); (2) to provide preference to qualified spouses of members of the armed forces in hiring for any civilian position in the Department of Defense if the spouse is among persons determined to be best qualified for the position and if the position is located in the same geographical area as the permanent duty station of the member; (3) to ensure that notice of any vacant position in the Department of Defense is provided in a manner reasonably designed to reach spouses of members of the armed forces whose permanent duty stations are in the same geographic area as the area in which the position is located; and (4) to ensure that the spouse of a member of the armed forces who applies for a vacant position in the Department of Defense shall, to the extent practicable, be considered for any such position located in the same geographic area as the permanent duty station of the member. (c) Status of Preference Eligibles. - Nothing in this section shall be construed to provide a spouse of a member of the armed forces with preference in hiring over an individual who is a preference eligible. (d) Space-Available Use of Facilities for Spouse Training Purposes. - Under regulations prescribed by the Secretary of Defense, the Secretary of a military department may make available to a non-Department of Defense entity space in non-excess facilities controlled by that Secretary for the purpose of the non- Department of Defense entity providing employment-related training for military spouses. (e) Employment by Other Federal Agencies. - The Secretary of Defense shall work with the Director of the Office of Personnel Management and the heads of other Federal departments and agencies to expand and facilitate the use of existing Federal programs and resources in support of military spouse employment. (f) Private-Sector Employment. - The Secretary of Defense - (1) shall seek to develop partnerships with firms in the private sector to enhance employment opportunities for spouses of members of the armed forces and to provide for improved job portability for such spouses, especially in the case of the spouse of a member of the armed forces accompanying the member to a new geographical area because of a change of permanent duty station of the member; and (2) shall work with the United States Chamber of Commerce and other appropriate private-sector entities to facilitate the formation of such partnerships. (g) Employment With DOD Contractors. - The Secretary of Defense shall examine and seek ways for incorporating hiring preferences for qualified spouses of members of the armed forces into contracts between the Department of Defense and private-sector entities. -SOURCE- (Added Pub. L. 104-106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 330; amended Pub. L. 107-107, div. A, title V, Sec. 571(c), Dec. 28, 2001, 115 Stat. 1121.) -MISC1- AMENDMENTS 2001 - Subsecs. (d) to (g). Pub. L. 107-107 added subsecs. (d) to (g). CONTINUATION OF DELEGATION OF AUTHORITY WITH RESPECT TO HIRING PREFERENCE FOR QUALIFIED MILITARY SPOUSES Section 568(d) of Pub. L. 104-106 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)." -EXEC- EX. ORD. NO. 12568. EMPLOYMENT OPPORTUNITIES FOR MILITARY SPOUSES AT NONAPPROPRIATED FUND ACTIVITIES Ex. Ord. No. 12568, Oct. 2, 1986, 51 F.R. 35497, provided: By the authority vested in me as President by the laws of the United States of America, including section 301 of Title 3 of the United States Code, it is ordered that the Secretary of Defense and, as designated by him for this purpose, any of the Secretaries, Under Secretaries, and Assistant Secretaries of the Military Departments, are hereby empowered to exercise the discretionary authority granted to the President by subsection 806(a)(2) of the Department of Defense Authorization Act of 1986, Public Law No. 99- 145 [formerly set out as a note under section 113 of this title, now deemed to refer to this section, see above], to give preference in hiring for positions in nonappropriated fund activities to qualified spouses of members of the Armed Forces stationed in the same geographical area as the nonappropriated fund activity for positions in wage grade UA-8 and below and equivalent positions and for positions paid at hourly rates. Ronald Reagan. -End- -CITE- 10 USC Sec. 1784a 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER I - MILITARY FAMILY PROGRAMS -HEAD- Sec. 1784a. Education and training opportunities for military spouses to expand employment and portable career opportunities -STATUTE- (a) Programs and Tuition Assistance. - (1) The Secretary of Defense may establish programs to assist the spouse of a member of the armed forces described in subsection (b) in achieving - (A) the education and training required for a degree or credential at an accredited college, university, or technical school in the United States that expands employment and portable career opportunities for the spouse; or (B) the education prerequisites and professional licensure or credential required, by a government or government sanctioned licensing body, for an occupation that expands employment and portable career opportunities for the spouse. (2) As an alternative to, or in addition to, establishing a program under this subsection, the Secretary may provide tuition assistance to an eligible spouse who is pursuing education, training, or a license or credential to expand the spouse's employment and portable career opportunities. (b) Eligible Spouses. - Assistance under this section is limited to a spouse of a member of the armed forces who is serving on active duty. (c) Exceptions. - Subsection (b) does not include - (1) a person who is married to, but legally separated from, a member of the armed forces under court order or statute of any State or territorial possession of the United States; and (2) a spouse of a member of the armed forces who is also a member of the armed forces. (d) Portable Career Opportunities Defined. - In this section, the term "portable career" includes an occupation identified by the Secretary of Defense, in consultation with the Secretary of Labor, as requiring education and training that results in a credential that is recognized nationwide by industry or specific businesses. (e) Regulations. - The Secretary of Defense shall prescribe regulations to govern the availability and use of assistance under this section. The Secretary shall ensure that programs established under this section do not result in inequitable treatment for spouses of members of the armed forces who are also members, since they are excluded from participation in the programs under subsection (c)(2). -SOURCE- (Added Pub. L. 110-417, [div. A], title V, Sec. 582(a), Oct. 14, 2008, 122 Stat. 4473.) -End- -CITE- 10 USC Sec. 1785 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER I - MILITARY FAMILY PROGRAMS -HEAD- Sec. 1785. Youth sponsorship program -STATUTE- (a) Requirement. - The Secretary of Defense shall require that there be at each military installation a youth sponsorship program to facilitate the integration of dependent children of members of the armed forces into new surroundings when moving to that military installation as a result of a parent's permanent change of station. (b) Description of Programs. - The program at each installation shall provide for involvement of dependent children of members presently stationed at the military installation and shall be directed primarily toward children in their preteen and teenage years. -SOURCE- (Added Pub. L. 104-106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 331.) -End- -CITE- 10 USC Sec. 1786 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER I - MILITARY FAMILY PROGRAMS -HEAD- Sec. 1786. Dependent student travel within the United States -STATUTE- 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. -SOURCE- (Added Pub. L. 104-106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 331.) -End- -CITE- 10 USC Sec. 1787 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER I - MILITARY FAMILY PROGRAMS -HEAD- Sec. 1787. Reporting of child abuse -STATUTE- (a) In General. - The Secretary of Defense shall request each State to provide for the reporting to the Secretary of any report the State receives of known or suspected instances of child abuse and neglect in which the person having care of the child is a member of the armed forces (or the spouse of the member). (b) Definition. - In this section, the term "child abuse and neglect" has the meaning provided in section 3(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5102).(!1) -SOURCE- (Added Pub. L. 104-106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 331.) -REFTEXT- REFERENCES IN TEXT Section 3(1) of the Child Abuse Prevention and Treatment Act, referred to in subsec. (b), is section 3(1) of Pub. L. 93-247, which was amended generally by Pub. L. 100-294 and renumbered section 102 by Pub. L. 101-126. As so amended and renumbered, section 102 of Pub. L. 93-247 no longer defines "child abuse and neglect". However, such term is defined in section 111 of Pub. L. 93-247, which is classified to section 5106g of Title 42, The Public Health and Welfare. -MISC1- PLAN FOR IMPLEMENTATION OF ACCREDITATION REQUIREMENT Section 568(c) of Pub. L. 104-106 directed Secretary of Defense to submit to Congress, not later than Apr. 1, 1997, a plan for carrying out the requirements of this section. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 10 USC Sec. 1788 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER I - MILITARY FAMILY PROGRAMS -HEAD- Sec. 1788. Additional family assistance -STATUTE- (a) Authority. - The Secretary of Defense may provide for the families of members of the armed forces serving on active duty, in addition to any other assistance available for such families, any assistance that the Secretary considers appropriate to ensure that the children of such members obtain needed child care, education, and other youth services. (b) Primary Purpose of Assistance. - The assistance authorized by this section should be directed primarily toward providing needed family support, including child care, education, and other youth services, for children of members of the Armed Forces who are deployed, assigned to duty, or ordered to active duty in connection with a contingency operation. -SOURCE- (Added Pub. L. 107-314, div. A, title VI, Sec. 652(a)(1), Dec. 2, 2002, 116 Stat. 2581.) -MISC1- EFFECTIVE DATE Pub. L. 107-314, div. A, title VI, Sec. 652(b), Dec. 2, 2002, 116 Stat. 2581, provided that: "Section 1788 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 2002." PILOT PROGRAM ON PARENT EDUCATION TO PROMOTE EARLY CHILDHOOD EDUCATION FOR DEPENDENT CHILDREN AFFECTED BY MILITARY DEPLOYMENT OR RELOCATION OF MILITARY UNITS Pub. L. 109-364, div. A, title V, Sec. 575, Oct. 17, 2006, 120 Stat. 2227, provided that: "(a) Pilot Program Authorized. - Using such funds as may be appropriated for this purpose, the Secretary of Defense may carry out a pilot program on the provision of educational and support tools to the parents of preschool-age children - "(1) whose parent or parents serve as members of the Armed Forces on active duty (including members of the Selected Reserve on active duty pursuant to a call or order to active duty of 180 days or more); and "(2) who are affected by the deployment of their parent or parents or the relocation of the military unit of which their parent or parents are a member. "(b) Purpose. - The purpose of the pilot program is to develop models for improving the capability of military child and youth programs on or near military installations to provide assistance to military parents with young children through a program of activities focusing on the unique needs of children described in subsection (a). "(c) Limits on Commencement and Duration of Program. - The Secretary of Defense may not commence the pilot program before October 1, 2007, and shall conclude the pilot program not later than the end of the three-year period beginning on the date on which the Secretary commences the program. "(d) Scope of Program. - Under the pilot program, the Secretary of Defense shall utilize one or more models, demonstrated through research, of universal access of parents of children described in subsection (a) to assistance under the pilot program to achieve the following goals: "(1) The identification and mitigation of specific risk factors for such children related to military life. "(2) The maximization of the educational readiness of such children. "(e) Locations and Goals. - "(1) Selection of participating installations. - In selecting military installations to participate in the pilot program, the Secretary of Defense shall limit selection to those military installations whose military personnel are experiencing significant transition or deployment or which are undergoing transition as a result of the relocation or activation of military units or activities relating to defense base closure and realignment. "(2) Selection of certain installations. - At least one of the installations selected under paragraph (1) shall be a military installation that will permit, under the pilot program, the meaningful evaluation of a model under subsection (d) that provides outreach to parents in families with a parent who is a member of the National Guard or Reserve, which families live more than 40 miles from the installation. "(3) Goals of participating installations. - If a military installation is selected under paragraph (1), the Secretary shall require appropriate personnel at the military installation to develop goals, and specific outcome measures with respect to such goals, for the conduct of the pilot program at the installation. "(4) Evaluation required. - Upon completion of the pilot program at a military installation, the personnel referred to in paragraph (3) at the installation shall be required to conduct an evaluation and assessment of the success of the pilot program at the installation in meeting the goals developed for that installation. "(f) Guidelines. - As part of conducting the pilot program, the Secretary of Defense shall issue guidelines regarding - "(1) the goals to be developed under subsection (e)(3); "(2) specific outcome measures; and "(3) the selection of curriculum and the conduct of developmental screening under the pilot program. "(g) Report. - Upon completion of the pilot program, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on all of the evaluations prepared under subsection (e)(4) for the military installations participating in the pilot program. The report shall describe the results of the evaluations, and may include such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the evaluations, including recommendations for the continuation of the pilot program." -End- -CITE- 10 USC Sec. 1789 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER I - MILITARY FAMILY PROGRAMS -HEAD- Sec. 1789. Chaplain-led programs: authorized support -STATUTE- (a) Authority. - The Secretary of a military department may provide support services described in subsection (b) to support 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, in building and maintaining a strong family structure. (b) Authorized Support Services. - The support services referred to in subsection (a) are costs of transportation, food, lodging, child care, supplies, fees, and training materials for members of the armed forces and their family members while participating in programs referred to in that subsection, including participation at retreats and conferences. (c) Immediate Family Members. - In this section, the term "immediate family members", with respect to a member of the armed forces, means - (1) the member's spouse; and (2) any child (as defined in section 1072(6) of this title) of the member who is described in subparagraph (D) of section 1072(2) of this title. -SOURCE- (Added Pub. L. 108-136, div. A, title V, Sec. 582(a)(1), Nov. 24, 2003, 117 Stat. 1489.) -MISC1- EFFECTIVE DATE Pub. L. 108-136, div. A, title V, Sec. 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." -End- -CITE- 10 USC SUBCHAPTER II - MILITARY CHILD CARE 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER II - MILITARY CHILD CARE -HEAD- SUBCHAPTER II - MILITARY CHILD CARE -MISC1- Sec. 1791. Funding for military child care. 1792. Child care employees. 1793. Parent fees. 1794. Child abuse prevention and safety at facilities. 1795. Parent partnerships with child development centers. 1796. Subsidies for family home day care. 1797. Early childhood education program. 1798. Child care services and youth program services for dependents: financial assistance for providers. 1799. Child care services and youth program services for dependents: participation by children and youth otherwise ineligible. 1800. Definitions. AMENDMENTS 1999 - Pub. L. 106-65, div. A, title V, Sec. 584(a)(2), Oct. 5, 1999, 113 Stat. 636, added items 1798, 1799, and 1800 and struck out former item 1798 "Definitions". -End- -CITE- 10 USC Sec. 1791 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER II - MILITARY CHILD CARE -HEAD- Sec. 1791. Funding for military child care -STATUTE- It is the policy of Congress that the amount of appropriated funds available during a fiscal year for operating expenses for military child development centers and programs shall be not less than the amount of child care fee receipts that are estimated to be received by the Department of Defense during that fiscal year. -SOURCE- (Added Pub. L. 104-106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 332.) -MISC1- PRIOR PROVISIONS Provisions similar to those in this subchapter were contained in Pub. L. 101-189, div. A, title XV, Nov. 29, 1989, 103 Stat. 1589, which was set out as a note under section 113 of this title, prior to repeal by Pub. L. 104-106, Sec. 568(e)(2). -End- -CITE- 10 USC Sec. 1792 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER II - MILITARY CHILD CARE -HEAD- Sec. 1792. Child care employees -STATUTE- (a) Required Training. - (1) The Secretary of Defense shall prescribe regulations implementing a training program for child care employees. Those regulations shall apply uniformly among the military departments. Subject to paragraph (2), satisfactory completion of the training program shall be a condition of employment of any person as a child care employee. (2) Under those regulations, the Secretary shall require that each child care employee complete the training program not later than six months after the date on which the employee is employed as a child care employee. (3) The training program established under this subsection shall cover, at a minimum, training in the following: (A) Early childhood development. (B) Activities and disciplinary techniques appropriate to children of different ages. (C) Child abuse prevention and detection. (D) Cardiopulmonary resuscitation and other emergency medical procedures. (b) Training and Curriculum Specialists. - (1) The Secretary of Defense shall require that at least one employee at each military child development center be a specialist in training and curriculum development. The Secretary shall ensure that such employees have appropriate credentials and experience. (2) The duties of such employees shall include the following: (A) Special teaching activities at the center. (B) Daily oversight and instruction of other child care employees at the center. (C) Daily assistance in the preparation of lesson plans. (D) Assistance in the center's child abuse prevention and detection program. (E) Advising the director of the center on the performance of other child care employees. (3) Each employee referred to in paragraph (1) shall be an employee in a competitive service position. (c) Competitive Rates of Pay. - For the purpose of providing military child development centers with a qualified and stable civilian workforce, employees at a military installation who are directly involved in providing child care and are paid from nonappropriated funds - (1) in the case of entry-level employees, shall be paid at rates of pay competitive with the rates of pay paid to other entry-level employees at that installation who are drawn from the same labor pool; and (2) in the case of other employees, shall be paid at rates of pay substantially equivalent to the rates of pay paid to other employees at that installation with similar training, seniority, and experience. (d) Competitive Service Position Defined. - In this section, the term "competitive service position" means a position in the competitive service, as defined in section 2102(a)(1) of title 5. -SOURCE- (Added Pub. L. 104-106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 332; amended Pub. L. 105-85, div. A, title X, Sec. 1073(a)(34), Nov. 18, 1997, 111 Stat. 1902; Pub. L. 105-261, div. A, title XI, Sec. 1106, Oct. 17, 1998, 112 Stat. 2142.) -MISC1- AMENDMENTS 1998 - Subsecs. (d), (e). Pub. L. 105-261 redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: "(d) Employment Preference Program for Military Spouses. - (1) The Secretary of Defense shall conduct a program under which qualified spouses of members of the armed forces shall be given a preference in hiring for the position of child care employee in a position paid from nonappropriated funds if the spouse is among persons determined to be best qualified for the position. "(2) A spouse who is provided a preference under this subsection at a military child development center may not be precluded from obtaining another preference, in accordance with section 1784 of this title, in the same geographic area as the military child development center." 1997 - Subsec. (a)(1). Pub. L. 105-85, Sec. 1073(a)(34)(A), struck out comma after "implementing". Subsec. (d)(2). Pub. L. 105-85, Sec. 1073(a)(34)(B), substituted "section 1784" for "section 1794". -End- -CITE- 10 USC Sec. 1793 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER II - MILITARY CHILD CARE -HEAD- Sec. 1793. Parent fees -STATUTE- (a) In General. - The Secretary of Defense shall prescribe regulations establishing fees to be charged parents for the attendance of children at military child development centers. Those regulations shall be uniform for the military departments and shall require that, in the case of children who attend the centers on a regular basis, the fees shall be based on family income. (b) Local Waiver Authority. - The Secretary of Defense may provide authority to installation commanders, on a case-by-case basis, to establish fees for attendance of children at child development centers at rates lower than those prescribed under subsection (a) if the rates prescribed under subsection (a) are not competitive with rates at local non-military child development centers. -SOURCE- (Added Pub. L. 104-106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 333.) -End- -CITE- 10 USC Sec. 1794 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER II - MILITARY CHILD CARE -HEAD- Sec. 1794. Child abuse prevention and safety at facilities -STATUTE- (a) Child Abuse Task Force. - The Secretary of Defense shall maintain a special task force to respond to allegations of widespread child abuse at a military installation. The task force shall be composed of personnel from appropriate disciplines, including, where appropriate, medicine, psychology, and childhood development. In the case of such allegations, the task force shall provide assistance to the commander of the installation, and to parents at the installation, in helping them to deal with such allegations. (b) National Hotline. - (1) The Secretary of Defense shall maintain a national telephone number for persons to use to report suspected child abuse or safety violations at a military child development center or family home day care site. The Secretary shall ensure that such reports may be made anonymously if so desired by the person making the report. The Secretary shall establish procedures for following up on complaints and information received over that number. (2) The Secretary shall publicize the existence of the number. (c) Assistance From Local Authorities. - The Secretary of Defense shall prescribe regulations requiring that, in a case of allegations of child abuse at a military child development center or family home day care site, the commander of the military installation or the head of the task force established under subsection (a) shall seek the assistance of local child protective authorities if such assistance is available. (d) Safety Regulations. - The Secretary of Defense shall prescribe regulations on safety and operating procedures at military child development centers. Those regulations shall apply uniformly among the military departments. (e) Inspections. - The Secretary of Defense shall require that each military child development center be inspected not less often than four times a year. Each such inspection shall be unannounced. At least one inspection a year shall be carried out by a representative of the installation served by the center, and one inspection a year shall be carried out by a representative of the major command under which that installation operates. (f) Remedies for Violations. - (1) Except as provided in paragraph (2), any violation of a safety, health, or child welfare law or regulation (discovered at an inspection or otherwise) at a military child development center shall be remedied immediately. (2) In the case of a violation that is not life threatening, the commander of the major command under which the installation concerned operates may waive the requirement that the violation be remedied immediately for a period of up to 90 days beginning on the date of the discovery of the violation. If the violation is not remedied as of the end of that 90-day period, the military child development center shall be closed until the violation is remedied. The Secretary of the military department concerned may waive the preceding sentence and authorize the center to remain open in a case in which the violation cannot reasonably be remedied within that 90-day period or in which major facility reconstruction is required. -SOURCE- (Added Pub. L. 104-106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 333.) -End- -CITE- 10 USC Sec. 1795 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER II - MILITARY CHILD CARE -HEAD- Sec. 1795. Parent partnerships with child development centers -STATUTE- (a) Parent Boards. - The Secretary of Defense shall require that there be established at each military child development center a board of parents, to be composed of parents of children attending the center. The board shall meet periodically with staff of the center and the commander of the installation served by the center for the purpose of discussing problems and concerns. The board, together with the staff of the center, shall be responsible for coordinating the parent participation program described in subsection (b). (b) Parent Participation Programs. - The Secretary of Defense shall require the establishment of a parent participation program at each military child development center. As part of such program, the Secretary of Defense may establish fees for attendance of children at such a center, in the case of parents who participate in the parent participation program at that center, at rates lower than the rates that otherwise apply. -SOURCE- (Added Pub. L. 104-106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 334.) -End- -CITE- 10 USC Sec. 1796 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER II - MILITARY CHILD CARE -HEAD- Sec. 1796. Subsidies for family home day care -STATUTE- 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. -SOURCE- (Added Pub. L. 104-106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 334.) -End- -CITE- 10 USC Sec. 1797 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER II - MILITARY CHILD CARE -HEAD- Sec. 1797. Early childhood education program -STATUTE- 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. -SOURCE- (Added Pub. L. 104-106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 335.) -End- -CITE- 10 USC Sec. 1798 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER II - MILITARY CHILD CARE -HEAD- Sec. 1798. Child care services and youth program services for dependents: financial assistance for providers -STATUTE- (a) Authority. - The Secretary of Defense may provide financial assistance to an eligible civilian provider of child care services or youth program services that furnishes such services for members of the armed forces and employees of the United States if the Secretary determines that providing such financial assistance - (1) is in the best interest of the Department of Defense; (2) enables supplementation or expansion of furnishing of child care services or youth program services for military installations, while not supplanting or replacing such services; and (3) ensures that the eligible provider is able to comply, and does comply, with the regulations, policies, and standards of the Department of Defense that are applicable to the furnishing of such services. (b) Eligible Providers. - A provider of child care services or youth program services is eligible for financial assistance under this section if the provider - (1) is licensed to provide those services under applicable State and local law; (2) has previously provided such services for members of the armed forces or employees of the United States; and (3) either - (A) is a family home day care provider; or (B) is a provider of family child care services that - (i) otherwise provides federally funded or sponsored child development services; (ii) provides the services in a child development center owned and operated by a private, not-for-profit organization; (iii) provides before-school or after-school child care program in a public school facility; (iv) conducts an otherwise federally funded or federally sponsored school age child care or youth services program; (v) conducts a school age child care or youth services program that is owned and operated by a not-for-profit organization; or (vi) is a provider of another category of child care services or youth services determined by the Secretary of Defense as appropriate for meeting the needs of members of the armed forces or employees of the Department of Defense. (c) Funding. - To provide financial assistance under this subsection, the Secretary of Defense may use any funds appropriated to the Department of Defense for operation and maintenance. -SOURCE- (Added Pub. L. 106-65, div. A, title V, Sec. 584(a)(1)(B), Oct. 5, 1999, 113 Stat. 634; amended Pub. L. 107-314, div. A, title X, Sec. 1041(a)(6), Dec. 2, 2002, 116 Stat. 2645.) -MISC1- PRIOR PROVISIONS A prior section 1798 was renumbered section 1800 of this title. AMENDMENTS 2002 - Subsec. (d). Pub. L. 107-314 struck out heading and text of subsec. (d). Text read as follows: "(1) Every two years the Secretary of Defense shall submit to Congress a report on the exercise of authority under this section. The report shall include an evaluation of the effectiveness of that authority for 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." FIRST BIENNIAL REPORTS Pub. L. 106-65, div. A, title V, Sec. 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. -End- -CITE- 10 USC Sec. 1799 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER II - MILITARY CHILD CARE -HEAD- Sec. 1799. Child care services and youth program services for dependents: participation by children and youth otherwise ineligible -STATUTE- (a) Authority. - The Secretary of Defense may authorize participation in child care or youth programs of the Department of Defense, to the extent of the availability of space and services, by children and youth under the age of 19 who are not dependents of members of the armed forces or of employees of the Department of Defense and are not otherwise eligible for participation in those programs. (b) Limitation. - Authorization of participation in a program under subsection (a) shall be limited to situations in which that participation promotes the attainment of the objectives set forth in subsection (c), as determined by the Secretary. (c) Objectives. - The objectives for authorizing participation in a program under subsection (a) are as follows: (1) To support the integration of children and youth of military families into civilian communities. (2) To make more efficient use of Department of Defense facilities and resources. (3) To establish or support a partnership or consortium arrangement with schools and other youth services organizations serving children of members of the armed forces. -SOURCE- (Added Pub. L. 106-65, div. A, title V, Sec. 584(a)(1)(B), Oct. 5, 1999, 113 Stat. 634; amended Pub. L. 107-314, div. A, title X, Sec. 1041(a)(7), Dec. 2, 2002, 116 Stat. 2645.) -MISC1- AMENDMENTS 2002 - Subsec. (d). Pub. L. 107-314 struck out heading and text of subsec. (d). Text read as follows: "(1) Every two years the Secretary of Defense shall submit to Congress a report on the exercise of authority under this section. The report shall include an evaluation of the effectiveness of that authority for achieving the objectives set out under subsection (c). The report may include any recommendations for legislation that the Secretary considers appropriate to enhance the capability of the Department of Defense to attain those objectives. "(2) A biennial report under this subsection may be combined with the biennial report under section 1798(d) of this title into a single report for submission to Congress." -End- -CITE- 10 USC Sec. 1800 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE SUBCHAPTER II - MILITARY CHILD CARE -HEAD- Sec. 1800. Definitions -STATUTE- 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. -SOURCE- (Added Pub. L. 104-106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 110 Stat. 335, Sec. 1798; renumbered Sec. 1800, Pub. L. 106- 65, div. A, title V, Sec. 584(a)(1)(A), Oct. 5, 1999, 113 Stat. 634.) -MISC1- AMENDMENTS 1999 - Pub. L. 106-65 renumbered section 1798 of this title as this section. -End- -CITE- 10 USC [CHAPTER 89 - REPEALED] 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL [CHAPTER 89 - REPEALED] -HEAD- [CHAPTER 89 - REPEALED] -End- -CITE- 10 USC Secs. 1801 to 1805 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL [CHAPTER 89 - REPEALED] -HEAD- Secs. 1801 to 1805. Repealed. -MISC1- [Secs. 1801 to 1805. Repealed. Pub. L. 104-106, div. A, title X, Sec. 1061(a)(1), Feb. 10, 1996, 110 Stat. 442]. Section 1801, added Pub. L. 102-484, div. A, title XIII, Sec. 1322(a)(1), Oct. 23, 1992, 106 Stat. 2551, related to volunteer program to assist independent states of former Soviet Union. Section 1802, added Pub. L. 102-484, div. A, title XIII, Sec. 1322(a)(1), Oct. 23, 1992, 106 Stat. 2551; amended Pub. L. 103-35, title II, Sec. 201(f)(3), (g)(3), May 31, 1993, 107 Stat. 99, 100, set out criteria to be used in selecting volunteers. Section 1803, added Pub. L. 102-484, div. A, title XIII, Sec. 1322(a)(1), Oct. 23, 1992, 106 Stat. 2552, related to determining needs for volunteers and role of Secretary of State. Section 1804, added Pub. L. 102-484, div. A, title XIII, Sec. 1322(a)(1), Oct. 23, 1992, 106 Stat. 2553; amended Pub. L. 103-160, div. A, title XI, Sec. 1182(a)(4), Nov. 30, 1993, 107 Stat. 1771, related to the compensation and benefits of volunteers. Section 1805, added Pub. L. 102-484, div. A, title XIII, Sec. 1322(a)(1), Oct. 23, 1992, 106 Stat. 2553, provided that selection of volunteers to participate in program under this chapter terminate Sept. 30, 1995. -End- -CITE- 10 USC PART III - TRAINING AND EDUCATION 01/05/2009 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART III - TRAINING AND EDUCATION -HEAD- PART III - TRAINING AND EDUCATION -MISC1- Chap. Sec. 101. Training Generally 2001 102. Junior Reserve Officers' Training Corps 2031 103. Senior Reserve Officers' Training Corps 2101 104. Uniformed Services University of the Health Sciences 2112 105. Armed Forces Health Professions Financial Assistance Programs 2120 106. Educational Assistance for Members of the Selected Reserve 2131 106A. Educational Assistance for Persons Enlisting for Active Duty 2141 107. Professional Military Education 2151 108. Department of Defense Schools 2161 109. Educational Loan Repayment Programs 2171 110. Educational Assistance for Members Held as Captives and Their Dependents 2181 111. Support of Science, Mathematics, and Engineering Education 2191 112. Information Security Scholarship Program 2200 AMENDMENTS 2004 - Pub. L. 108-375, div. A, title V, Sec. 532(e), Oct. 28, 2004, 118 Stat. 1900, added item for chapter 107 and redesignated former item for chapter 107 as 106A. 2000 - Pub. L. 106-398, Sec. 1 [[div. A], title IX, Sec. 922(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-236, added item for chapter 112. 1991 - Pub. L. 102-25, title VII, Sec. 701(e)(2), Apr. 6, 1991, 105 Stat. 114, inserted "2161" in item for chapter 108. 1990 - Pub. L. 101-510, div. A, title II, Sec. 247(a)(2)(B), title IX, Sec. 911(b)(3), Nov. 5, 1990, 104 Stat. 1523, 1626, substituted "Department of Defense Schools" for "Granting of Advanced Degrees at Department of Defense Schools" in item for chapter 108 and "Support of Science, Mathematics, and Engineering Education" for "National Defense Science and Engineering Graduate Fellowships" in item for chapter 111. 1989 - Pub. L. 101-189, div. A, title VIII, Sec. 843(d)(2), title XVI, Sec. 1622(d)(1), Nov. 29, 1989, 103 Stat. 1517, 1604, substituted "TRAINING AND EDUCATION" for "TRAINING" in heading for part III and added item for chapter 111. 1987 - Pub. L. 100-180, div. A, title VII, Sec. 711(b), Dec. 4, 1987, 101 Stat. 1111, substituted "Financial Assistance Programs" for "Scholarship Program" in item for chapter 105. 1986 - Pub. L. 99-399, title VIII, Sec. 806(d)(2), Aug. 27, 1986, 100 Stat. 888, added item for chapter 110. 1985 - Pub. L. 99-145, title VI, Sec. 671(a)(2), Nov. 8, 1985, 99 Stat. 663, added item for chapter 109. 1984 - Pub. L. 98-525, title VII, Sec. 705(a)(2), Oct. 19, 1984, 98 Stat. 2567, substituted "Members of the Selected Reserve" for "Enlisted Members of the Selected Reserve of the Ready Reserve" in item for chapter 106. 1980 - Pub. L. 96-513, title V, Sec. 511(99), Dec. 12, 1980, 94 Stat. 2929, capitalized "Assistance", "Persons", "Enlisting", "Active", and "Duty" in item for chapter 107. Pub. L. 96-450, title IV, Sec. 406(b), Oct. 14, 1980, 94 Stat. 1981, added item for chapter 108. Pub. L. 96-342, title IX, Sec. 901(b), Sept. 8, 1980, 94 Stat. 1114, added item for chapter 107. 1977 - Pub. L. 95-79, title IV, Sec. 402(b), July 30, 1977, 91 Stat. 330, added item for chapter 106. 1972 - Pub. L. 92-426, Sec. 2(b), Sept. 21, 1972, 86 Stat. 719, added items for chapters 104 and 105. 1964 - Pub. L. 88-647, title I, Sec. 101(2), title II, Sec. 201(2), Oct. 13, 1964, 78 Stat. 1064, 1069, added items for chapters 102 and 103. -End-