Federal · Title 10 — Armed Forces

10 U.S.C. § 1798: Child care services and youth program services for dependents: financial assistance for providers

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is in the best interest of the Department of Defense; 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 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. is licensed to provide those services under applicable State and local law; has previously provided such services for members of the armed forces or employees of the United States; and is a family home day care provider; or otherwise provides federally funded or sponsored child development services; provides the services in a child development center owned and operated by a private, not-for-profit organization; provides before-school or after-school child care program in a public school facility; conducts an otherwise federally funded or federally sponsored school age child care or youth services program; conducts a school age child care or youth services program that is owned and operated by a not-for-profit organization; or 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. 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. The Secretary shall annually review the amount of financial assistance provided under this section, including the maximum amount of financial assistance per month per child that the Secretary authorizes to be provided to eligible providers under this section. The Secretary may establish a pilot program to increase the maximum amount of financial assistance per month per child that the Secretary authorizes to be provided to eligible providers under section 1798 of title 10 , United States Code, for services provided to children who are two years old or younger in accordance with this section. shall provide for an increased maximum amount of financial assistance under the pilot program in each area with high child care services costs, as determined by the Secretary; and may provide for such increased maximum amount of financial assistance in other areas as the Secretary considers appropriate. the number of families with respect to whom the Secretary has increased the maximum amount of financial assistance per month per child being provided under the pilot program, disaggregated by location; the methodology for determining the areas that should receive an increased amount of financial assistance per month per child under the pilot program; the number of areas the Secretary determined should receive such increased amount of financial assistance; the total amount of financial assistance provided under the pilot program with respect to such families, disaggregated by location; the total amount of financial assistance that would have been provided with respect to such families without the increase under the pilot program, disaggregated by location; helped reduce child care costs for applicable military families; increased child care provider participation in the financial assistance available under this section; and increased access to infant and toddler care for military families; the determination of the Secretary with respect to the feasibility of expanding the pilot program to all communities; any challenges identified by the Secretary in carrying out the pilot program; legislation or administrative action that the Secretary determines necessary to make the pilot program permanent; and any other information the Secretary determines appropriate. the elements specified in subparagraphs (A) through (J) of paragraph (3) [sic; probably should be “paragraph (1)”]; and the recommendation of the Secretary as to whether to make the pilot program permanent. The pilot program established under this subsection shall terminate on the date that is five years after the date on which such program is established.” Subject to the availability of appropriations, the Secretary of Defense shall fully fund requests under section 1798 of title 10 , United States Code, for financial assistance to eligible civilian providers of child care services or youth program services, as such terms are used in such section. This section shall not be construed to limit the authority of the Secretary, under subsection (a) of such section, to determine whether to provide such financial assistance to an eligible provider for such services.” section 1798 of title 10 , United States Code; and section 589 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 1791 note). Not later than one year after the date of the enactment of this Act [ Dec. 23, 2022 ], each Secretary concerned shall submit to the Committees on Armed Services of the Senate and House of Representatives a report summarizing activities taken by such Secretary concerned to carry out subsection (a). In this section, the term ‘Secretary concerned’ has the meaning given such term in section 101 of title 10 , United States Code.”

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