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Military Family’s Ability to Move In Line with Your Dependents Act

H.R. 5100 · 118th Congress · Aug 1, 2023 · Lineage

A BILL

To amend title 10, United States Code, to provide for timely determination and action on applications by a member of one of certain Armed Forces for consideration of a reassignment to a duty station within a certain distance to the residence of a dependent child.

Section 1 Short title

This Act may be cited as the “Military Family’s Ability to Move In Line with Your Dependents Act” or the “Military FAMILY Dependents Act”.

Sec. 2 Reassignment for certain members of the Armed Forces on the basis of the residence of a dependent child

Chapter 39 of title 10, United States Code, is amended by inserting, after item 674, the following new section:

“675. Permanent change of station or unit transfer for a member on active duty on the basis of the residence of a dependent child

“(a) Timely consideration and action

“(1) A commanding officer shall determine whether to grant a request for a covered reassignment not later than five calendar days after the covered member makes such request.

“(2) If a commanding officer denies a request under paragraph (1), the covered member may request review of such denial by the first general officer or flag officer in the chain of command of the covered member. Such general officer or flag officer shall determine whether to affirm or reverse such denial not later than two weeks after the covered member makes such request.

“(b) Regulations—The Secretary of Defense shall prescribe regulations to ensure that this section is carried out as uniformly as possible across the military departments.

“(c) Privacy—A commanding officer shall, to the greatest extent practicable, protect the privacy of a covered member who requests a covered reassignment.

“(d) Prohibition—No covered member may be subject to any adverse action for requesting a covered reassignment.

“(e) Definitions—In this section:

“(1) The term covered child means a dependent child of a member of the armed forces who is registered under the Defense Enrollment Eligibility Reporting System (or successor system).

“(2) The term covered member means a member—

“(A) serving on active duty;

“(B) who has a covered child; and

“(C) assigned to a duty station located more than 300 miles from the residence of such covered child.

“(3) The term covered reassignment means a request—

“(A) by a covered member; and

“(B) for a permanent change of station, or a unit transfer, to a duty station located within 300 miles of the residence of the covered child of such covered member.”