10 U.S.C. § 1791 (ARMED FORCES)
§ 1791. Funding for military child care
(a) Policy.—
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.
(b) Responsibility for Allocations of Certain Funds.—
The Secretary of Defense shall be responsible for the allocation of Office of the Secretary of Defense level funds for military child development programs for children from birth through 12 years of age, and may not delegate such responsibility to the military departments.
(Added Pub. L. 104–106, div. A, title V, § 568(a)(1), Feb. 10, 1996, 110 Stat. 332; amended Pub. L. 116–283, div. A, title V, § 584, Jan. 1, 2021, 134 Stat. 3654.)
heading: Prior Provisions
text: Provisions similar to those in this subchapter were contained in Pub. L. 101–189, div. A, title XV, Nov. 29, 1989, 103 Stat. 1589, which was set out as a note under section 113 of this title, prior to repeal by Pub. L. 104–106, § 568(e)(2).
heading: Amendments
text: 2021—Pub. L. 116–283 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
heading: 24-Hour Child Care
text: Pub. L. 116–283, div. A, title V, § 588, Jan. 1, 2021, 134 Stat. 3656, provided that:
“(a) 24-Hour Child Care.—
If the Secretary of Defense determines it feasible, pursuant to the study conducted pursuant to subsection (b), the Secretary shall furnish child care to each child of a member of the Armed Forces or civilian employee of the Department of Defense while that member or employee works on rotating shifts at a military installation.
“(b) Feasibility Study; Report.—
Not later than 270 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of a study, conducted by the Secretary for purposes of this section, on the feasibility of furnishing child care described in subsection (a).
“(c) Elements.—
The report required by subsection (b) shall include the following:
“(1) The results of the study described in that subsection.
“(2) If the Secretary determines that furnishing child care available as described in subsection (a) is feasible, such matters as the Secretary determines appropriate in connection with furnishing such child care, including—
“(A) an identification of the installations at which such child care would be beneficial to members of the Armed Forces, civilian employees of the Department, or both;
“(B) an identification of any barriers to making such child care available at the installations identified pursuant to subparagraph (A);
“(C) an assessment whether the child care needs of members of the Armed Forces and civilian employees of the Department described in subsection (a) would be better met by an increase in assistance for child care fees;
“(D) a description and assessment of the actions, if any, being taken to furnish such child care at the installations identified pursuant to subparagraph (A); and
“(E) such recommendations for legislative or administrative action the Secretary determines appropriate to make such child care available at the installations identified pursuant to subparagraph (A), or at any other military installation.”
heading: Pilot Program To Provide Financial Assistance to Members of the Armed Forces for In-Home Child Care
text: Pub. L. 116–283, div. A, title V, § 589, Jan. 1, 2021, 134 Stat. 3657, provided that:
“(a) Establishment.—
Not later than March 1, 2021, the Secretary of Defense shall establish a pilot program to provide financial assistance to members of the Armed Forces who pay for services provided by in-home child care providers. In carrying out the pilot program, the Secretary shall take the following steps:
“(1) Determine the needs of military families who request services provided by in-home child care providers.
“(2) Determine the appropriate amount of financial assistance to provide to military families described in paragraph (1).
“(3) Determine the appropriate qualifications for an in-home child care provider for whose services the Secretary shall provide financial assistance to a military family. In carrying out this paragraph, the Secretary shall—
“(A) take into consideration qualifications for in-home child care providers in the private sector; and
“(B) ensure that the qualifications the Secretary determines appropriate under this paragraph are comparable to the qualifications for a provider of child care services in a military child development center or family home day care.
“(4) Establish a marketing and communications plan to inform members of the Armed Forces who live in the locations described in subsection (b) about the pilot program.
“(b) Locations.—
The Secretary shall carry out the pilot program in the five locations that the Secretary determines have the greatest demand for child care services for children of members of the Armed Forces.
“(c) Reports.—
“(1) Interim reports.—
Not later than one year after the Secretary establishes the pilot program and thrice annually thereafter, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report on the pilot program. Each interim report shall include the following elements:
“(A) The number of military families participating in the pilot program, disaggregated by location and duration of participation.
“(B) The amount of financial assistance provided to participating military families in each location.
“(C) Metrics by which the Secretary carries out subsection (a)(3)(B);
“(D) The feasibility of expanding the pilot program.
“(E) Legislation or administrative action that the Secretary determines necessary to make the pilot program permanent.
“(F) Any other information the Secretary determines appropriate.
“(2) Final report.—
Not later than 90 days after the termination of the pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report on the pilot program. The final report shall include the following elements:
“(A) The elements specified in paragraph (1).
“(B) The recommendation of the Secretary whether to make the pilot program permanent.
“(d) Termination.—
The pilot program shall terminate five years after the date on which the Secretary establishes the pilot program.
“(e) Definitions.—
In this section:
“(1) The term ‘in-home child care provider’ means an individual who provides child care services in the home of the child.
“(2) The terms ‘military child development center’ and ‘family home day care’ have the meanings given those terms in section 1800 of title 10, United States Code.”
heading: Reduction in Wait Lists for Child Care at Military Installations
text: Pub. L. 116–92, div. A, title V, § 580(c), Dec. 20, 2019, 133 Stat. 1407, provided that:
“(1) Remedial action.—
The Secretary of Defense shall take steps the Secretary determines necessary to reduce the waiting lists for child care at military installations to ensure that members of the Armed Forces have meaningful access to child care during tours of duty.
“(2) Report.—
Not later than June 1, 2020, the Secretary of Defense shall provide a report to the Committees on Armed Forces of the Senate and the House of Representative regarding—
“(A) action taken under paragraph (1); and
“(B) any additional resources (including additional funding for and child care facilities and workers) the Secretary determines necessary to increase access described in paragraph (1).”
heading: Enhancing Military Childcare Programs and Activities of the Department of Defense
text: Pub. L. 115–91, div. A, title V, § 558, Dec. 12, 2017, 131 Stat. 1405, provided that:
“(a) Hours of Operation of Military Childcare Development Centers.—
Each Secretary of a military department shall ensure, to the extent practicable, that the hours of operation of each childcare development center under the jurisdiction of the Secretary are established and maintained in manner that takes into account the demands and circumstances of members of the Armed Forces, including members of the reserve components, who use such center in facilitation of the performance of their military duties.
“(b) Matters to Be Taken Into Account.—
The demands and circumstances to be taken into account under subsection (a) for purposes of setting and maintaining the hours of operation of a childcare development center shall include the following:
“(1) Mission requirements of units whose members use the childcare development center.
“(2) The unpredictability of work schedules, and fluctuations in day-to-day work hours, of such members.
“(3) The potential for frequent and prolonged absences of such members for training, operations, and deployments.
“(4) The location of the childcare development center on the military installation concerned, including the location in connection with duty locations of members and applicable military family housing.
“(5) Such other matters as the Secretary of the military department concerned considers appropriate for purposes of this section.
“(c) Childcare Coordinators for Military Installations.—
Each Secretary of a military department may provide for a childcare coordinator at each military installation under the jurisdiction of the Secretary at which are stationed significant numbers of members of the Armed Forces with accompanying dependent children, as determined by the Secretary. The childcare coordinator may work with the commander of the installation to ensure that childcare is available and responsive to the needs of members assigned to the installation.”
heading: Reports on Child Development Centers and Financial Assistance for Child Care for Members of the Armed Forces
text: Pub. L. 111–383, div. A, title V, § 587, Jan. 7, 2011, 124 Stat. 4230, provided that:
“(a) Reports Required.—
Not later than six months after the date of the enactment of this Act [Jan. 7, 2011], and every two years thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on Department of Defense child development centers and financial assistance for child care provided by the Department of Defense off-installation to members of the Armed Forces.
“(b) Elements.—
Each report required by subsection (a) shall include the following, current as of the date of such report:
“(1) The number of child development centers currently located on military installations.
“(2) The number of dependents of members of the Armed Forces utilizing such child development centers.
“(3) The number of dependents of members of the Armed Forces that are unable to utilize such child development centers due to capacity limitations.
“(4) The types of financial assistance available for child care provided by the Department of Defense off-installation to members of the Armed Forces (including eligible members of the reserve components).
“(5) The extent to which members of the Armed Forces are utilizing such financial assistance for child care off-installation.
“(6) The methods by which the Department of Defense reaches out to eligible military families to increase awareness of the availability of such financial assistance.
“(7) The formulas used to calculate the amount of such financial assistance provided to members of the Armed Forces.
“(8) The funding available for such financial assistance in the Department of Defense and in the military departments.
“(9) The barriers to access, if any, to such financial assistance faced by members of the Armed Forces, including whether standards and criteria of the Department of Defense for child care off-installation may affect access to child care.
“(10) Any other matters the Secretary considers appropriate in connection with such report, including with respect to the enhancement of access to Department of Defense child care development centers and financial assistance for child care off-installation for members of the Armed Forces.”