
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1798]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
      CHAPTER 88--MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE
 
                   SUBCHAPTER II--MILITARY CHILD CARE
 
Sec. 1798. Child care services and youth program services for 
        dependents: financial assistance for providers
        
    (a) Authority.--The Secretary of Defense may provide financial 
assistance to an eligible civilian provider of child care services or 
youth program services that furnishes such services for members of the 
armed forces and employees of the United States if the Secretary 
determines that providing such financial assistance--
        (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) Eligible Providers.--A provider of child care services or youth 
program services is eligible for financial assistance under this section 
if the provider--
        (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) Funding.--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.
    (d) Biennial Report.--(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.

(Added Pub. L. 106-65, div. A, title V, Sec. 584(a)(1)(B), Oct. 5, 1999, 
113 Stat. 634.)


                            Prior Provisions

    A prior section 1798 was renumbered section 1800 of this title.


                         First Biennial Reports

    Pub. L. 106-65, div. A, title V, Sec. 584(b), Oct. 5, 1999, 113 
Stat. 636, provided that: ``The first biennial reports under sections 
1798(d) and 1799(d) of title 10, United States Code (as added by 
subsection (a)), shall be submitted not later than March 31, 2002, and 
shall cover fiscal years 2000 and 2001.''

                  Section Referred to in Other Sections

    This section is referred to in section 1799 of this title.
