US (United States) Code. Title 10. Subtitle A. Part II. Chapter 88: Military Family Programs

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces. Military Child Care

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-CITE-

10 USC CHAPTER 88 - MILITARY FAMILY PROGRAMS AND MILITARY

CHILD CARE 01/06/03

-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

-CITE-

10 USC SUBCHAPTER I - MILITARY FAMILY PROGRAMS 01/06/03

-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.

1782. Surveys of military families.

1783. Family members serving on advisory committees.

1784. Employment opportunities for military spouses.

1785. Youth sponsorship program.

1786. Dependent student travel within the United States.

1787. Reporting of child abuse.

1788. Additional family assistance.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title VI, Sec. 652(a)(2), Dec.

2, 2002, 116 Stat. 2581, added item 1788.

-CITE-

10 USC Sec. 1781 01/06/03

-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).

-CITE-

10 USC Sec. 1782 01/06/03

-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.

-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.)

-MISC1-

AMENDMENTS

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.''

-CITE-

10 USC Sec. 1783 01/06/03

-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.

-CITE-

10 USC Sec. 1784 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1143 of this title; title

5 section 2302.

-CITE-

10 USC Sec. 1785 01/06/03

-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.)

-CITE-

10 USC Sec. 1786 01/06/03

-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.)

-CITE-

10 USC Sec. 1787 01/06/03

-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). (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

-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.

-MISC2-

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.

-CITE-

10 USC Sec. 1788 01/06/03

-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.''

-CITE-

10 USC SUBCHAPTER II - MILITARY CHILD CARE 01/06/03

-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''.

-CITE-

10 USC Sec. 1791 01/06/03

-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).

-CITE-

10 USC Sec. 1792 01/06/03

-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''.

-CITE-

10 USC Sec. 1793 01/06/03

-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.)

-CITE-

10 USC Sec. 1794 01/06/03

-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.)

-CITE-

10 USC Sec. 1795 01/06/03

-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.)

-CITE-

10 USC Sec. 1796 01/06/03

-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.)

-CITE-

10 USC Sec. 1797 01/06/03

-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.)

-CITE-

10 USC Sec. 1798 01/06/03

-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.

-CITE-

10 USC Sec. 1799 01/06/03

-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.''

-CITE-

10 USC Sec. 1800 01/06/03

-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.

-CITE-