---
kind: "range"
citation: "10 U.S.C. §§ 1791–1800"
title: "10"
from: "1791"
to: "1800"
count: 10
release: "119-102"
url: "https://uscodex.org/usc/10/1791..1800"
---

# §1791. Funding for military child care

- (a) **Policy.—** It is the policy of Congress that the amount of appropriated [funds](/usc/10/2871.md?p=6) available during a fiscal year for operating expenses for [military child development centers](/usc/10/1800.md?p=1) and programs shall be not less than 115 percent of the amount of [child care fee receipts](/usc/10/1800.md?p=4) that are estimated to be received by the [Department](/usc/10/101.md?p=a-6) 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](/usc/10/2871.md?p=6) for military [child](/usc/10/1482.md?p=e-5-B) development programs for children from birth through 12 years of age, and may not delegate such responsibility to the [military departments](/usc/10/101.md?p=a-8).

# §1792. Child care employees

- (a) **Required Training.—**
  - (1) The Secretary of Defense shall prescribe regulations implementing a training program for [child care employees](/usc/10/1800.md?p=3). Those regulations shall apply uniformly among the [military departments](/usc/10/101.md?p=a-8). Subject to [paragraph (2)](#a-2), satisfactory completion of the training program shall be a condition of employment of any person as a [child care employee](/usc/10/1800.md?p=3).
  - (2) Under those regulations, the Secretary shall require that each [child care employee](/usc/10/1800.md?p=3) complete the training program not later than six months after the date on which the employee is employed as a [child care employee](/usc/10/1800.md?p=3).
  - (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](/usc/10/1482.md?p=e-5-B) 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](/usc/10/1800.md?p=1) 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](/usc/10/1800.md?p=3) at the center.
    - (C) Daily [assistance](/usc/10/2005.md?p=d-2) in the preparation of lesson plans.
    - (D) [Assistance](/usc/10/2005.md?p=d-2) in the center’s [child](/usc/10/1482.md?p=e-5-B) abuse prevention and detection program.
    - (E) Advising the director of the center on the performance of other [child care employees](/usc/10/1800.md?p=3).
  - (3) Each employee referred to in [paragraph (1)](#b-1) shall be an employee in a [competitive service position](#d).
- (c) **Competitive Rates of Pay.—**
  - (1) For the purpose of providing [military child development centers](/usc/10/1800.md?p=1) with a qualified and stable civilian workforce, employees at a [military installation](/usc/10/183a.md?p=h-7) who are directly involved in providing [child](/usc/10/1482.md?p=e-5-B) care and who are paid from nonappropriated [funds](/usc/10/2871.md?p=6)—
    - (A) in the case of entry-level employees, shall be paid a [rate](/usc/10/101.md?p=b-9) of [pay](/usc/10/101.md?p=a-15) competitive with the [rates](/usc/10/101.md?p=b-9) of [pay](/usc/10/101.md?p=a-15) paid to other equivalent non-Federal positions within the metropolitan statistical area or non-metropolitan statistical area (as the case may be) in which such [Department](/usc/10/101.md?p=a-6) employee’s position is located; and
    - (B) in the case of any employee not covered by [subparagraph (A)](#c-1-A), shall be paid a [rate](/usc/10/101.md?p=b-9) of [pay](/usc/10/101.md?p=a-15) competitive with the [rates](/usc/10/101.md?p=b-9) of [pay](/usc/10/101.md?p=a-15) paid to other employees with similar training, seniority, and experience within the metropolitan statistical area or non-metropolitan statistical area (as the case may be) in which such [Department](/usc/10/101.md?p=a-6) employee’s position is located.
  - (2) Notwithstanding [paragraph (1)](#c-1), no employee shall receive a [rate](/usc/10/101.md?p=b-9) of [pay](/usc/10/101.md?p=a-15) under this subsection that is lower than the minimum hourly [rate](/usc/10/101.md?p=b-9) of [pay](/usc/10/101.md?p=a-15) applicable to civilian employees of the [Department](/usc/10/101.md?p=a-6) of Defense.
  - (3) For purposes of determining the [rates](/usc/10/101.md?p=b-9) of [pay](/usc/10/101.md?p=a-15) under [paragraph (1)](#c-1), the Secretary shall use the metropolitan and nonmetropolitan area occupational employment and wage estimates published monthly by the Bureau of Labor Statistics.
- (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](/usc/5/2102.md?p=a-1).

# §1793. Parent fees

- (a) **In General.—** The Secretary of Defense shall prescribe regulations establishing fees to be charged [parents](/usc/10/1482a.md?p=c-3) for the attendance of children at [military child development centers](/usc/10/1800.md?p=1). Those regulations shall be uniform for the [military departments](/usc/10/101.md?p=a-8) and shall require that, in the case of children who attend the centers on a [regular](/usc/10/101.md?p=b-12) basis, the fees shall be based on family income.
- (b) **Local Waiver Authority.—** The Secretary of Defense may provide authority to [installation](/usc/10/2920.md?p=h-5) commanders, on a case-by-case basis, to establish fees for attendance of children at [child](/usc/10/1482.md?p=e-5-B) development centers at [rates](/usc/10/101.md?p=b-9) lower than those prescribed under [subsection (a)](#a) if the [rates](/usc/10/101.md?p=b-9) prescribed under [subsection (a)](#a) are not competitive with [rates](/usc/10/101.md?p=b-9) at local non-[military child development centers](/usc/10/1800.md?p=1).
- (c) **Family Discount.—** In the case of a family with two or more children attending a [child](/usc/10/1482.md?p=e-5-B) development center, the regulations prescribed pursuant to [subsection (a)](#a) may require that [installations](/usc/10/2920.md?p=h-5) commanders charge a fee for attendance at the center of any [child](/usc/10/1482.md?p=e-5-B) of the family after the first [child](/usc/10/1482.md?p=e-5-B) of the family in amount equal to 85 percent of the amount of the fee otherwise chargeable for the attendance of such [child](/usc/10/1482.md?p=e-5-B) at the center.
- (d) **Child Care Employee Discount.—** In order to support recruitment and retention initiatives, the Secretary of Defense shall charge reduced fees for the attendance, at a [military child development center](/usc/10/1800.md?p=1), of the children of a [child care employee](/usc/10/1800.md?p=3) as follows:
  - (1) For the first [child](/usc/10/1482.md?p=e-5-B), no fee.
  - (2) For each other [child](/usc/10/1482.md?p=e-5-B), a fee equal to or less than a fee discounted under [subsection (c)](#c).
- (e) **Prohibition of Concurrent Discounts.—** A family may not receive discounts under subsections [(c)](#c) and [(d)](#d) concurrently.

# §1794. Child abuse prevention and safety at facilities

- (a) **Child Abuse Task Force.—** The Secretary of Defense shall maintain a special task force to respond to allegations of widespread [child](/usc/10/1482.md?p=e-5-B) abuse at a [military installation](/usc/10/183a.md?p=h-7). 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](/usc/10/2005.md?p=d-2) to the commander of the [installation](/usc/10/2920.md?p=h-5), and to [parents](/usc/10/1482a.md?p=c-3) at the [installation](/usc/10/2920.md?p=h-5), 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](/usc/10/1482.md?p=e-5-B) abuse or safety violations at a [military child development center](/usc/10/1800.md?p=1) or [family home day care](/usc/10/1800.md?p=2) 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 by means including—
    - (A) posting it in public areas of [military child development centers](/usc/10/1800.md?p=1); and
    - (B) providing it to the [parents](/usc/10/1482a.md?p=c-3) and legal guardians of children who attend [military child development centers](/usc/10/1800.md?p=1).
- (c) **Assistance From Local Authorities.—** The Secretary of Defense shall prescribe regulations requiring that, in a case of allegations of [child](/usc/10/1482.md?p=e-5-B) abuse at a [military child development center](/usc/10/1800.md?p=1) or [family home day care](/usc/10/1800.md?p=2) site, the commander of the [military installation](/usc/10/183a.md?p=h-7) or the head of the task force established under [subsection (a)](#a) shall seek the [assistance](/usc/10/2005.md?p=d-2) of local [child](/usc/10/1482.md?p=e-5-B) protective authorities if such [assistance](/usc/10/2005.md?p=d-2) is available.
- (d) **Safety Regulations.—** The Secretary of Defense shall prescribe regulations on safety and operating procedures at [military child development centers](/usc/10/1800.md?p=1). Those regulations shall apply uniformly among the [military departments](/usc/10/101.md?p=a-8).
- (e) **Inspections.—** The Secretary of Defense shall require that each [military child development center](/usc/10/1800.md?p=1) 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](/usc/10/2920.md?p=h-5) served by the center, and one inspection a year shall be carried out by a representative of the major command under which that [installation](/usc/10/2920.md?p=h-5) operates.
- (f) **Remedies for Violations.—**
  - (1) Except as provided in [paragraph (2)](#f-2), any violation of a safety, health, or [child](/usc/10/1482.md?p=e-5-B) welfare law or regulation (discovered at an inspection or otherwise) at a [military child development center](/usc/10/1800.md?p=1) 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](/usc/10/2920.md?p=h-5) 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](/usc/10/1800.md?p=1) shall be closed until the violation is remedied. The Secretary of the military [department](/usc/10/101.md?p=a-6) 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](/usc/10/227.md?p=b-2) reconstruction is required.
- (g) **Notification of Suspected Child Abuse.—**
  - (1) The Secretary of Defense shall prescribe regulations that require the director of a [military child development center](/usc/10/1800.md?p=1) to notify a [parent](/usc/10/1482a.md?p=c-3) or guardian of a [child](/usc/10/1482.md?p=e-5-B) who is the suspected victim of a [covered incident](#g-3) not later than 24 hours after a [child care employee](/usc/10/1800.md?p=3) at such [military child development center](/usc/10/1800.md?p=1) learns of such [covered incident](#g-3).
  - (2) The requirement under [paragraph (1)](#g-1) shall not apply if notification under such paragraph threatens the integrity of a law enforcement investigation of such [covered incident](#g-3).
  - (3) In this subsection, the term “covered incident” means alleged or suspected abuse or neglect of a [child](/usc/10/1482.md?p=e-5-B) that occurs at a [military child development center](/usc/10/1800.md?p=1).

# §1795. Parent partnerships with child development centers

- (a) **Parent Boards.—** The Secretary of Defense shall require that there be established at each [military child development center](/usc/10/1800.md?p=1) a board of [parents](/usc/10/1482a.md?p=c-3), to be composed of [parents](/usc/10/1482a.md?p=c-3) of children attending the center. The board shall meet periodically with staff of the center and the commander of the [installation](/usc/10/2920.md?p=h-5) 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](/usc/10/1482a.md?p=c-3) participation program described in [subsection (b)](#b).
- (b) **Parent Participation Programs.—** The Secretary of Defense shall require the establishment of a [parent](/usc/10/1482a.md?p=c-3) participation program at each [military child development center](/usc/10/1800.md?p=1). 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](/usc/10/1482a.md?p=c-3) who participate in the [parent](/usc/10/1482a.md?p=c-3) participation program at that center, at [rates](/usc/10/101.md?p=b-9) lower than the [rates](/usc/10/101.md?p=b-9) that otherwise apply.

# §1796. Subsidies for family home day care


The Secretary of Defense may use appropriated [funds](/usc/10/2871.md?p=6) available for military [child](/usc/10/1482.md?p=e-5-B) care purposes to provide [assistance](/usc/10/2005.md?p=d-2) to [family home day care](/usc/10/1800.md?p=2) providers so that [family home day care](/usc/10/1800.md?p=2) services can be provided to [members](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4) at a cost comparable to the cost of services provided by [military child development centers](/usc/10/1800.md?p=1). The Secretary shall prescribe regulations for the provision of such [assistance](/usc/10/2005.md?p=d-2).


# §1797. Early childhood education program


The Secretary of Defense shall require that all [military child development centers](/usc/10/1800.md?p=1) meet standards of operation necessary for accreditation by an appropriate national early childhood programs accrediting body.


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

- (a) **Authority.—** The Secretary of Defense may provide financial [assistance](/usc/10/2005.md?p=d-2) to an eligible civilian provider of [child](/usc/10/1482.md?p=e-5-B) care services or youth program services that furnishes such services for [members](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4), survivors of [members](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4) who die in combat-related incidents in the line of duty, and employees of the [United States](/usc/10/101.md?p=a-1) if the Secretary determines that providing such financial [assistance](/usc/10/2005.md?p=d-2)—
  - (1) is in the best interest of the [Department](/usc/10/101.md?p=a-6) of Defense;
  - (2) enables supplementation or expansion of furnishing of [child](/usc/10/1482.md?p=e-5-B) care services or youth program services for [military installations](/usc/10/183a.md?p=h-7), 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](/usc/10/101.md?p=a-6) of Defense that are applicable to the furnishing of such services.
- (b) **Eligible Providers.—** A provider of [child](/usc/10/1482.md?p=e-5-B) care services or youth program services is eligible for financial [assistance](/usc/10/2005.md?p=d-2) under this section if the provider—
  - (1) is licensed to provide those services under applicable [State](/usc/10/2815a.md?p=g-2) and local law;
  - (2) has previously provided such services for [members](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4) or employees of the [United States](/usc/10/101.md?p=a-1); and
  - (3) either—
    - (A) is a [family home day care](/usc/10/1800.md?p=2) provider; or
    - (B) is a provider of family [child](/usc/10/1482.md?p=e-5-B) care services that—
      - (i) otherwise provides federally funded or sponsored [child](/usc/10/1482.md?p=e-5-B) development services;
      - (ii) provides the services in a [child](/usc/10/1482.md?p=e-5-B) development center owned and operated by a private, not-for-profit organization;
      - (iii) provides before-school or after-school [child](/usc/10/1482.md?p=e-5-B) care program in a public school [facility](/usc/10/227.md?p=b-2);
      - (iv) conducts an otherwise federally funded or federally sponsored school age [child](/usc/10/1482.md?p=e-5-B) care or youth services program;
      - (v) conducts a school age [child](/usc/10/1482.md?p=e-5-B) 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](/usc/10/1482.md?p=e-5-B) care services or youth services determined by the Secretary of Defense as appropriate for meeting the needs of [members](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4) or employees of the [Department](/usc/10/101.md?p=a-6) of Defense.
- (c) **Funding.—** To provide financial [assistance](/usc/10/2005.md?p=d-2) under this subsection, the Secretary of Defense may use any [funds](/usc/10/2871.md?p=6) appropriated to the [Department](/usc/10/101.md?p=a-6) of Defense for operation and maintenance.
- (d) **Annual Review of Amount of Assistance.—** The Secretary shall annually review the amount of financial [assistance](/usc/10/2005.md?p=d-2) provided under this section, including the maximum amount of financial [assistance](/usc/10/2005.md?p=d-2) per month per [child](/usc/10/1482.md?p=e-5-B) that the Secretary authorizes to be provided to eligible providers under this section.

# §1799. Child care services and youth program services for dependents: participation by children and youth otherwise ineligible

- (a) **Authority.—** The Secretary of Defense may authorize participation in [child](/usc/10/1482.md?p=e-5-B) care or youth programs of the [Department](/usc/10/101.md?p=a-6) 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](/usc/10/987.md?p=i-2) of [members](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4) or of employees of the [Department](/usc/10/101.md?p=a-6) of Defense and are not otherwise eligible for participation in those programs.
- (b) **Limitation.—** Authorization of participation in a program under [subsection (a)](#a) shall be limited to situations in which that participation promotes the attainment of the objectives set forth in [subsection (c)](#c), as determined by the Secretary.
- (c) **Objectives.—** The objectives for authorizing participation in a program under [subsection (a)](#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](/usc/10/101.md?p=a-6) of Defense [facilities](/usc/10/227.md?p=b-2) and resources.
  - (3) To establish or support a partnership or consortium arrangement with schools and other youth services organizations serving children of [members](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4).

# §1800. Definitions


In this subchapter:

- (1) The term “military child development center” means a [facility](/usc/10/227.md?p=b-2) on a [military installation](/usc/10/183a.md?p=h-7) (or on property under the jurisdiction of the commander of a [military installation](/usc/10/183a.md?p=h-7)) at which [child](/usc/10/1482.md?p=e-5-B) care services are provided for [members](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4) or any other [facility](/usc/10/227.md?p=b-2) at which such [child](/usc/10/1482.md?p=e-5-B) care services are provided that is operated by the Secretary of a military [department](/usc/10/101.md?p=a-6).
- (2) The term “family home day care” means home-based [child](/usc/10/1482.md?p=e-5-B) care services that are provided for [members](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4) by an individual who (A) is certified by the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned as qualified to provide those services, and (B) provides those services on a [regular](/usc/10/101.md?p=b-12) basis for compensation.
- (3) The term “child care employee” means a civilian employee of the [Department](/usc/10/101.md?p=a-6) of Defense who is employed to work in a [military child development center](#1) (regardless of whether the employee is paid from appropriated [funds](/usc/10/2871.md?p=6) or nonappropriated [funds](/usc/10/2871.md?p=6)).
- (4) The term “child care fee receipts” means those nonappropriated [funds](/usc/10/2871.md?p=6) that are derived from fees paid by [members](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4) for [child](/usc/10/1482.md?p=e-5-B) care services provided at [military child development centers](#1).