1999—Pub. L. 106–65, div. A, title V, §584(a)(2), Oct. 5, 1999, 113 Stat. 636, added items 1798, 1799, and 1800 and struck out former item 1798 “Definitions”.
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.
(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 332.)
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).
Pub. L. 111–383, div. A, title V, §587, Jan. 7, 2011, 124 Stat. 4230, provided that:
“(a)
“(b)
“(1) The number of child development centers currently located on military installations.
“(2) The number of dependents of members of the Armed Forces utilizing such child development centers.
“(3) The number of dependents of members of the Armed Forces that are unable to utilize such child development centers due to capacity limitations.
“(4) The types of financial assistance available for child care provided by the Department of Defense off-installation to members of the Armed Forces (including eligible members of the reserve components).
“(5) The extent to which members of the Armed Forces are utilizing such financial assistance for child care off-installation.
“(6) The methods by which the Department of Defense reaches out to eligible military families to increase awareness of the availability of such financial assistance.
“(7) The formulas used to calculate the amount of such financial assistance provided to members of the Armed Forces.
“(8) The funding available for such financial assistance in the Department of Defense and in the military departments.
“(9) The barriers to access, if any, to such financial assistance faced by members of the Armed Forces, including whether standards and criteria of the Department of Defense for child care off-installation may affect access to child care.
“(10) Any other matters the Secretary considers appropriate in connection with such report, including with respect to the enhancement of access to Department of Defense child care development centers and financial assistance for child care off-installation for members of the Armed Forces.”
(a)
(2) Under those regulations, the Secretary shall require that each child care employee complete the training program not later than six months after the date on which the employee is employed as a child care employee.
(3) The training program established under this subsection shall cover, at a minimum, training in the following:
(A) Early childhood development.
(B) Activities and disciplinary techniques appropriate to children of different ages.
(C) Child abuse prevention and detection.
(D) Cardiopulmonary resuscitation and other emergency medical procedures.
(b)
(2) The duties of such employees shall include the following:
(A) Special teaching activities at the center.
(B) Daily oversight and instruction of other child care employees at the center.
(C) Daily assistance in the preparation of lesson plans.
(D) Assistance in the center's child abuse prevention and detection program.
(E) Advising the director of the center on the performance of other child care employees.
(3) Each employee referred to in paragraph (1) shall be an employee in a competitive service position.
(c)
(1) in the case of entry-level employees, shall be paid at rates of pay competitive with the rates of pay paid to other entry-level employees at that installation who are drawn from the same labor pool; and
(2) in the case of other employees, shall be paid at rates of pay substantially equivalent to the rates of pay paid to other employees at that installation with similar training, seniority, and experience.
(d)
(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 332; amended Pub. L. 105–85, div. A, title X, §1073(a)(34), Nov. 18, 1997, 111 Stat. 1902; Pub. L. 105–261, div. A, title XI, §1106, Oct. 17, 1998, 112 Stat. 2142.)
1998—Subsecs. (d), (e). Pub. L. 105–261 redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows:
“(d)
“(2) A spouse who is provided a preference under this subsection at a military child development center may not be precluded from obtaining another preference, in accordance with section 1784 of this title, in the same geographic area as the military child development center.”
1997—Subsec. (a)(1). Pub. L. 105–85, §1073(a)(34)(A), struck out comma after “implementing”.
Subsec. (d)(2). Pub. L. 105–85, §1073(a)(34)(B), substituted “section 1784” for “section 1794”.
(a)
(b)
(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 333.)
(a)
(b)
(2) The Secretary shall publicize the existence of the number.
(c)
(d)
(e)
(f)
(2) In the case of a violation that is not life threatening, the commander of the major command under which the installation concerned operates may waive the requirement that the violation be remedied immediately for a period of up to 90 days beginning on the date of the discovery of the violation. If the violation is not remedied as of the end of that 90-day period, the military child development center shall be closed until the violation is remedied. The Secretary of the military department concerned may waive the preceding sentence and authorize the center to remain open in a case in which the violation cannot reasonably be remedied within that 90-day period or in which major facility reconstruction is required.
(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 333.)
(a)
(b)
(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 334.)
The Secretary of Defense may use appropriated funds available for military child care purposes to provide assistance to family home day care providers so that family home day care services can be provided to members of the armed forces at a cost comparable to the cost of services provided by military child development centers. The Secretary shall prescribe regulations for the provision of such assistance.
(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 334.)
The Secretary of Defense shall require that all military child development centers meet standards of operation necessary for accreditation by an appropriate national early childhood programs accrediting body.
(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 335.)
(a)
(1) is in the best interest of the Department of Defense;
(2) enables supplementation or expansion of furnishing of child care services or youth program services for military installations, while not supplanting or replacing such services; and
(3) ensures that the eligible provider is able to comply, and does comply, with the regulations, policies, and standards of the Department of Defense that are applicable to the furnishing of such services.
(b)
(1) is licensed to provide those services under applicable State and local law;
(2) has previously provided such services for members of the armed forces or employees of the United States; and
(3) either—
(A) is a family home day care provider; or
(B) is a provider of family child care services that—
(i) otherwise provides federally funded or sponsored child development services;
(ii) provides the services in a child development center owned and operated by a private, not-for-profit organization;
(iii) provides before-school or after-school child care program in a public school facility;
(iv) conducts an otherwise federally funded or federally sponsored school age child care or youth services program;
(v) conducts a school age child care or youth services program that is owned and operated by a not-for-profit organization; or
(vi) is a provider of another category of child care services or youth services determined by the Secretary of Defense as appropriate for meeting the needs of members of the armed forces or employees of the Department of Defense.
(c)
(Added Pub. L. 106–65, div. A, title V, §584(a)(1)(B), Oct. 5, 1999, 113 Stat. 634; amended Pub. L. 107–314, div. A, title X, §1041(a)(6), Dec. 2, 2002, 116 Stat. 2645.)
A prior section 1798 was renumbered section 1800 of this title.
2002—Subsec. (d). Pub. L. 107–314 struck out heading and text of subsec. (d). Text read as follows:
“(1) Every two years the Secretary of Defense shall submit to Congress a report on the exercise of authority under this section. The report shall include an evaluation of the effectiveness of that authority for meeting the needs of members of the armed forces or employees of the Department of Defense for child care services and youth program services. The report may include any recommendations for legislation that the Secretary considers appropriate to enhance the capability of the Department of Defense to meet those needs.
“(2) A biennial report under this subsection may be combined with the biennial report under section 1799(d) of this title into a single report for submission to Congress.”
Pub. L. 106–65, div. A, title V, §584(b), Oct. 5, 1999, 113 Stat. 636, provided that the first biennial reports under former sections 1798(d) and 1799(d) of this title were to be submitted not later than Mar. 31, 2002, and were to cover fiscal years 2000 and 2001.
(a)
(b)
(c)
(1) To support the integration of children and youth of military families into civilian communities.
(2) To make more efficient use of Department of Defense facilities and resources.
(3) To establish or support a partnership or consortium arrangement with schools and other youth services organizations serving children of members of the armed forces.
(Added Pub. L. 106–65, div. A, title V, §584(a)(1)(B), Oct. 5, 1999, 113 Stat. 634; amended Pub. L. 107–314, div. A, title X, §1041(a)(7), Dec. 2, 2002, 116 Stat. 2645.)
2002—Subsec. (d). Pub. L. 107–314 struck out heading and text of subsec. (d). Text read as follows:
“(1) Every two years the Secretary of Defense shall submit to Congress a report on the exercise of authority under this section. The report shall include an evaluation of the effectiveness of that authority for achieving the objectives set out under subsection (c). The report may include any recommendations for legislation that the Secretary considers appropriate to enhance the capability of the Department of Defense to attain those objectives.
“(2) A biennial report under this subsection may be combined with the biennial report under section 1798(d) of this title into a single report for submission to Congress.”
In this subchapter:
(1) The term “military child development center” means a facility on a military installation (or on property under the jurisdiction of the commander of a military installation) at which child care services are provided for members of the armed forces or any other facility at which such child care services are provided that is operated by the Secretary of a military department.
(2) The term “family home day care” means home-based child care services that are provided for members of the armed forces by an individual who (A) is certified by the Secretary of the military department concerned as qualified to provide those services, and (B) provides those services on a regular basis for compensation.
(3) The term “child care employee” means a civilian employee of the Department of Defense who is employed to work in a military child development center (regardless of whether the employee is paid from appropriated funds or nonappropriated funds).
(4) The term “child care fee receipts” means those nonappropriated funds that are derived from fees paid by members of the armed forces for child care services provided at military child development centers.
(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 335, §1798; renumbered §1800, Pub. L. 106–65, div. A, title V, §584(a)(1)(A), Oct. 5, 1999, 113 Stat. 634.)
1999—Pub. L. 106–65 renumbered section 1798 of this title as this section.