§1798. Child care services and youth program services for dependents: financial assistance for providers

(a) Authority.-The Secretary of Defense may provide financial assistance to an eligible civilian provider of child care services or youth program services that furnishes such services for members of the armed forces, survivors of members of the armed forces who die in combat-related incidents in the line of duty, and employees of the United States if the Secretary determines that providing such financial assistance-

(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.

(d) Annual Review of Amount of Assistance.-The Secretary shall annually review the amount of financial assistance provided under this section, including the maximum amount of financial assistance per month per child that the Secretary authorizes to be provided to eligible providers under this section.

(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 ; Pub. L. 119–60, div. A, title VI, §641, Dec. 18, 2025, 139 Stat. 912 .)

Editorial Notes

Prior Provisions

A prior section 1798 was renumbered section 1800 of this title.

Amendments

2025-Subsec. (d). Pub. L. 119–60 added subsec. (d).

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."

Statutory Notes and Related Subsidiaries

Pilot Program To Increase Payments for Child Care Services in High-Cost Areas

Pub. L. 119–60, div. A, title V, §589D, Dec. 18, 2025, 139 Stat. 898 , provided that:

"(a) Establishment.-The Secretary may establish a pilot program to increase the maximum amount of financial assistance per month per child that the Secretary authorizes to be provided to eligible providers under section 1798 of title 10, United States Code, for services provided to children who are two years old or younger in accordance with this section.

"(b) Requirements.-If the Secretary establishes a pilot program under subsection (a), the Secretary-

"(1) shall provide for an increased maximum amount of financial assistance under the pilot program in each area with high child care services costs, as determined by the Secretary; and

"(2) may provide for such increased maximum amount of financial assistance in other areas as the Secretary considers appropriate.

"(c) Reports.-

"(1) Annual reports.-Not later than one year after the establishment of the pilot program under this subsection, and annually thereafter until the date of the termination of the pilot program, the Secretary 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 pilot program that includes-

"(A) the number of families with respect to whom the Secretary has increased the maximum amount of financial assistance per month per child being provided under the pilot program, disaggregated by location;

"(B) the methodology for determining the areas that should receive an increased amount of financial assistance per month per child under the pilot program;

"(C) the number of areas the Secretary determined should receive such increased amount of financial assistance;

"(D) the total amount of financial assistance provided under the pilot program with respect to such families, disaggregated by location;

"(E) the total amount of financial assistance that would have been provided with respect to such families without the increase under the pilot program, disaggregated by location;

"(F) the determination of the Secretary as to whether additional funding under the pilot program-

"(i) helped reduce child care costs for applicable military families;

"(ii) increased child care provider participation in the financial assistance available under this section; and

"(iii) increased access to infant and toddler care for military families;

"(G) the determination of the Secretary with respect to the feasibility of expanding the pilot program to all communities;

"(H) any challenges identified by the Secretary in carrying out the pilot program;

"(I) legislation or administrative action that the Secretary determines necessary to make the pilot program permanent; and

"(J) any other information the Secretary determines appropriate.

"(2) Final report.-Not later than 90 days after the date of the termination of the pilot program, the Secretary shall submit to the congressional defense committees a report that includes-

"(A) the elements specified in subparagraphs (A) through (J) of paragraph (3) [sic; probably should be "paragraph (1)"]; and

"(B) the recommendation of the Secretary as to whether to make the pilot program permanent.

"(d) Termination.-The pilot program established under this subsection shall terminate on the date that is five years after the date on which such program is established."

Child Care Services and Youth Program Services for Dependents

Pub. L. 118–159, div. A, title V, §588, Dec. 23, 2024, 138 Stat. 1914 , provided that:

"(a) In General.-Subject to the availability of appropriations, the Secretary of Defense shall fully fund requests under section 1798 of title 10, United States Code, for financial assistance to eligible civilian providers of child care services or youth program services, as such terms are used in such section.

"(b) Rule of Construction.-This section shall not be construed to limit the authority of the Secretary, under subsection (a) of such section, to determine whether to provide such financial assistance to an eligible provider for such services."

Promotion of Certain Child Care Assistance

Pub. L. 117–263, div. A, title V, §577, Dec. 23, 2022, 136 Stat. 2606 , provided that:

"(a) In General.-Each Secretary concerned shall promote, to members of the Armed Forces under the jurisdiction of such Secretary concerned, awareness of child care assistance available under-

"(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) Reporting.-Not later than one year after the date of the enactment of this Act [Dec. 23, 2022], each Secretary concerned shall submit to the Committees on Armed Services of the Senate and House of Representatives a report summarizing activities taken by such Secretary concerned to carry out subsection (a).

"(c) Secretary Concerned Defined.-In this section, the term 'Secretary concerned' has the meaning given such term in section 101 of title 10, United States Code."

First Biennial Reports

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.