REVISION AND CODIFICATION OF MILITARY FAMILY ACT AND MILITARY CHILD CARE ACT.

SEC. 568. REVISION AND CODIFICATION OF MILITARY FAMILY ACT AND MILITARY CHILD CARE ACT. (a) In General.— (1) Subtitle A of title 10, United States Code, is amended by inserting after chapter 87 the following new chapter: “CHAPTER 88— MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE “Subchapter Sec. “I. Military Family Programs 1781 “II. Military Child Care 1791 “SUBCHAPTER I— MILITARY FAMILY PROGRAMS “Sec. “1781. Office of Family Policy “1782. Surveys of military families. “1783. Family members serving on advisory committees. “1784. Employment opportunities for military spouses. “1785. Youth sponsorship program. 110 STAT. 330 “1786. Dependent student travel within the United States. “1787. Reporting of child abuse. “§ 1781. Office of Family Policy “(a) Establishment.— There is in the Office of the Secretary of Defense an Office of Family Policy (hereinafter in this section referred to as the ‘Office’). The Office shall be under the Assistant Secretary of Defense for Force Management and Personnel. “(b) Duties.— The Office— “(1) shall coordinate programs and activities of the military departments to the extent that they relate to military families; and “(2) shall make recommendations to the Secretaries of the military departments with respect to programs and policies regarding military families. “(c) Staff.— The Office shall have not less than five professional staff members. “§ 1782. Surveys of military families “(a) Authority.— The Secretary of Defense may conduct surveys of members of the armed forces on active duty or in an active status, members of the families of such members, and retired members of the armed forces to determine the effectiveness of Federal programs relating to military families and the need for new programs. “(b) Responses To Be Voluntary.— Responses to surveys conducted under this section shall be voluntary. “(c) Federal Recordkeeping Requirements.— With respect to such surveys, family members of members of the armed forces and reserve and retired members of the armed forces shall be considered to be employees of the United States for purposes of section 3502(3)(A)(i) of title 44. “§ 1783. Family members serving on advisory committees “A committee within the Department of Defense which advises or assists the Department in the performance of any function which affects members of military families and which includes members of military families in its membership shall not be considered an advisory committee under section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.) solely because of such membership. “§ 1784. Employment opportunities for military spouses “(a) Authority.— The President shall order such measures as the President considers necessary to increase employment opportunities for spouses of members of the armed forces. Such measures may include— “(1) excepting, pursuant to section 3302 of title 5, from the competitive service positions in the Department of Defense located outside of the United States to provide employment opportunities for qualified spouses of members of the armed forces in the same geographical area as the permanent duty station of the members; and “(2) providing preference in hiring for positions in nonappropriated fund activities to qualified spouses of members of the armed forces stationed in the same geographical area as the nonappropriated fund activity for positions in wage grade UA-8 and below and equivalent positions and for positions paid at hourly rates. 110 STAT. 331 “(b) Regulations.— The Secretary of Defense shall prescribe regulations— “(1) to implement such measures as the President orders under subsection (a); “(2) to provide preference to qualified spouses of members of the armed forces in hiring for any civilian position in the Department of Defense if the spouse is among persons determined to be best qualified for the position and if the position is located in the same geographical area as the permanent duty station of the member; “(3) to ensure that notice of any vacant position in the Department of Defense is provided in a manner reasonably designed to reach spouses of members of the armed forces whose permanent duty stations are in the same geographic area as the area in which the position is located; and “(4) to ensure that the spouse of a member of the armed forces who applies for a vacant position in the Department of Defense shall, to the extent practicable, be considered for any such position located in the same geographic area as the permanent duty station of the member. “(c) Status of Preference Eligibles.— Nothing in this section shall be construed to provide a spouse of a member of the armed forces with preference in hiring over an individual who is a preference eligible. “§ 1785. Youth sponsorship program “(a) Requirement.— The Secretary of Defense shall require that there be at each military installation a youth sponsorship program to facilitate the integration of dependent children of members of the armed forces into new surroundings when moving to that military installation as a result of a parent’s permanent change of station. “(b) Description of Programs.— The program at each installation shall provide for involvement of dependent children of members presently stationed at the military installation and shall be directed primarily toward children in their preteen and teenage years. “§ 1786. Dependent student travel within the United States “Funds available to the Department of Defense for the travel and transportation of dependent students of members of the armed forces stationed overseas may be obligated for transportation allowances for travel within or between the contiguous States. “§ 1787. Reporting of child abuse “(a) In General.— The Secretary of Defense shall request each State to provide for the reporting to the Secretary of any report the State receives of known or suspected instances of child abuse and neglect in which the person having care of the child is a member of the armed forces (or the spouse of the member). “(b) Definition.— In this section, the term ‘child abuse and neglect’ has the meaning provided in section 3(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5102). “SUBCHAPTER II— MILITARY CHILD CARE “Sec. “1791. Funding for military child care. “1792. Child care employees. 110 STAT. 332 “1793. Parent fees. “1794. Child abuse prevention and safety at facilities. “1795. Parent partnerships with child development centers. “1796. Subsidies for family home day care. “1797. Early childhood education program. “1798. Definitions. “§ 1791. Funding for military child care “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. “§ 1792. Child care employees “(a) Required Training.— (1) The Secretary of Defense shall prescribe regulations implementing, a training program for child care employees. Those regulations shall apply uniformly among the military departments. Subject to paragraph (2), satisfactory completion of the training program shall be a condition of employment of any person as a child care employee. “(2) Unaer 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) Training and Curriculum Specialists.— (1) The Secretary of Defense shall require that at least one employee at each military child development center 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 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) Competitive Rates of Pay.— For the purpose of providing military child development centers with a qualified and stable civilian workforce, employees at a military installation who are directly involved in providing child care and are paid from nonappropriated funds— “(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 110 STAT. 333 “(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) Employment Preference Program for Military Spouses.— (1) The Secretary of Defense shall conduct a program under which qualified spouses of members of the armed forces shall be given a preference in hiring for the position of child care employee in a position paid from nonappropriated funds if the spouse is among persons determined to be best qualified for the position. “(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 1794 of this title, in the same geographic area as the military child development center. “(e) 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)(l) of title 5. “§ 1793. Parent fees “(a) In General.— The Secretary of Defense shall prescribe regulations establishing fees to be charged parents for the attendance of children at military child development centers. Those regulations shall be uniform for the military departments and shall require that, in the case of children who attend the centers on a regular basis, the fees shall be based on family income. “(b) Local Waiver Authority.— The Secretary of Defense may provide authority to installation commanders, on a case-by-case basis, to establish fees for attendance of children at child development centers at rates lower than those prescribed under subsection (a) if the rates prescribed under subsection (a) are not competitive with rates at local non-military child development centers. “§ 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 abuse at a military installation. 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 to the commander of the installation, and to parents at the installation, 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 abuse or safety violations at a military child development center or family home day care 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. Public “(c) Assistance From Local Authorities.— The Secretary of Defense shall prescribe regulations requiring that, in a case of allegations of child abuse at a military child development center or family home day care site, the commander of the military installation or the head of the task force established under sub-110 STAT. 334section (a) shall seek the assistance of local child protective authorities if such assistance is available. “(d) Safety Regulations.— The Secretary of Defense shall prescribe regulations on safety and operating procedures at military child development centers. Those regulations shall apply uniformly among the military departments. “(e) Inspections.— The Secretary of Defense shall require that each military child development center 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 served by the center, and one inspection a year shall be carried out by a representative of the major command under which that installation operates. “(f) Remedies for Violations.— (1) Except as provided in paragraph (2), any violation of a safety, health, or child welfare law or regulation (discovered at an inspection or otherwise) at a military child development center 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 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. “§ 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 a board of parents, to be composed of parents of children attending the center. The board shall meet periodically with staff of the center and the commander of the installation 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 participation program described in subsection (b). “(b) Parent Participation Programs.— The Secretary of Defense shall require the establishment of a parent participation program at each military child development center. 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 who participate in the parent participation program at that center, at rates lower than the rates that otherwise apply. “§ 1796. Subsidies for family home day care “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. 110 STAT. 335 “§ 1797. Early childhood education program “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. “§ 1798. Definitions “In this subchapter: “(1) The term ‘military child development center1 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 hinds). “(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.”. (2) The tables of chapters at the beginning of subtitle A, and at the beginning of part II of subtitle A, of title 10, United States Code, are amended by inserting after the item relating to chapter 87 the following new item: “88. Military Family Programs and Military Child Care1781”. (b) Report on Five-Year Demand for Cfild Care.— (1) Not later than the date of the submission of the budget for fiscal year 1997 pursuant to section 1105 of title 31, United States Code, the Secretary of Defense shall submit to Congress a report on the expected demand for child care by military and civilian personnel of the Department of Defense during fiscal years 1997 through 2001. (2) The report shall include— (A) a plan for meeting the expected child care demand identified in the report; and (B) an estimate of the cost of implementing that plan. (3) The report shall also include a description of methods for monitoring family home day care programs of the military departments. (c) Plan for Implementation of Accreditation Requirement.— The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a plan for carrying out the requirements of section 1787 of title 10, United States Code, as added by subsection (a). The plan shall be submitted not later than April 1, 1997. 110 STAT. 336 (d) Continuation of Delegation of Authority With Respect to Hiring Preference for Qualified Military Spouses.— The provisions of Executive Order No. 12568, issued October 2, 1986 (10 U.S.C. 113 note), shall apply as if the reference in that Executive order to section 806(a)(2) of the Department of Defense Authorization Act of 1986 refers to section 1784 of title 10, United States Code, as added by subsection (a). (e) Repealer.— The following provisions of law are repealed: (1) The Military Family Act of 1985 (title VIII of Public Law 99–145; 10 U.S.C. 113 note). (2) The Military Child Care Act of 1989 (title XV of Public Law 101–189; 10 U.S.C. 113 note).