10 U.S.C. § 1781c — Office of Special Needs

Page 1598 TITLE 10—ARMED FORCES § 1781c ‘‘(2) The term ‘major headquarters’ means the head- quarters of a unit of the Armed Forces or command that is the appropriate command of a general officer or flag officer.’’ § 1781c. Office of Special Needs (a) ESTABLISHMENT.—There is in the Office of Military Family Readiness Policy the Office of Special Needs (in this section referred to as the ‘‘Office’’). (b) PURPOSE.—The purpose of the Office is to standardize, enhance, and improve Department of Defense support around the world for military families with special needs (whether medical or educational needs) through the development of appropriate policies, enhancement and dissemi- nation of appropriate information throughout the Department of Defense, support for such families in obtaining referrals for services and in obtaining service, and oversight of the activi- ties of the military departments in support of such families. (c) RESPONSIBILITIES.—The Office shall have the responsibilities as follows: (1) To develop and implement a comprehen- sive and standard policy on support for mili- tary families with special needs as required by subsection (d). (2) To establish and oversee the programs re- quired by subsection (e). (3) To identify gaps in services available through the Department of Defense for mili- tary families with special needs. (4) To develop plans to address gaps identi- fied under paragraph (3) through appropriate mechanisms, such as enhancing resources and training and ensuring the provision of special assistance to military families with special needs and military parents of individuals with special needs (including through the provision of training and seminars to members of the armed forces). (5) To monitor the programs of the military departments for the assignment of members of the armed forces who are members of military families with special needs, and the programs for the support of such military families, and to advise the Secretary of Defense on the ade- quacy of such programs in conjunction with the preparation of future-years defense pro- grams and other budgeting and planning ac- tivities of the Department of Defense. (6) To monitor the availability and accessi- bility of programs provided by other Federal, State, local, and non-governmental agencies to military families with special needs. (7) To conduct periodic reviews of best prac- tices in the United States in the provision of medical and educational services for children with special needs. (8) To carry out such other matters with re- spect to the programs and activities of the De- partment of Defense regarding military fami- lies with special needs as the Under Secretary of Defense for Personnel and Readiness shall specify. (d) POLICY.—(1) The Office shall develop, and regularly update, a uniform policy for the De- partment of Defense regarding military families with special needs. The policy shall apply with respect to members of the armed forces without regard to their location, whether within or out- side the continental United States. (2) The policy developed under this subsection shall include elements regarding the following: (A) The assignment of members of the armed forces who are members of military families with special needs. (B) Support for military families with spe- cial needs. (3) In addressing the assignment of members of the armed forces under paragraph (2)(A), the pol- icy developed under this subsection shall, in a manner consistent with the needs of the armed forces and responsive to the career development of members of the armed forces on active duty, provide for such members each of the following: (A) Assignment to locations where care and support for family members with special needs are available. (B) Stabilization of assignment for a min- imum of 4 years. (C) Ability to request a second review of the approved assignment within or outside the continental United States if the member be- lieves the location is inappropriate for the member’s family and would cause undue hard- ship. (D) Protection from having a medical rec- ommendation for an approved assignment overridden by the commanding officer. (E) Ability to request continuation of loca- tion when there is a documented substantial risk of transferring medical care or edu- cational services to a new provider or school at the specific time of permanent change of station. (4) In addressing support for military families under paragraph (2)(B), the policy developed under this subsection shall provide the fol- lowing: (A) Procedures to identify members of the armed forces who are members of military families with special needs. (B) Mechanisms to ensure timely and accu- rate evaluations of members of such families who have special needs. (C) Procedures to facilitate the enrollment of such members of the armed forces and their families in programs of the military depart- ment for the support of military families with special needs. (D) Procedures to ensure the coordination of Department of Defense health care programs and support programs for military families with special needs, and the coordination of such programs with other Federal, State, local, and non-governmental health care pro- grams and support programs intended to serve such families. (E) Requirements for resources (including staffing) to ensure the availability through the Department of Defense of appropriate numbers of case managers to provide individ- ualized support for military families with spe- cial needs. (F) Requirements regarding the development and continuous updating by an appropriate of- fice of an individualized services plan (whether medical, educational, or both) for each mili- tary family with special needs. Page 1599 TITLE 10—ARMED FORCES § 1781c (G) Requirements for record keeping, report- ing, and continuous monitoring of available resources and family needs under individual- ized services support plans for military fami- lies with special needs, including the estab- lishment and maintenance of a central or var- ious regional databases for such purposes. (H) Procedures for the development of an in- dividualized services plan for military family members with special needs who have re- quested family support services and have a completed family needs assessment. (I) Requirements to prohibit disenrollment from the Exceptional Family Member Pro- gram unless there is new supporting medical or educational information that indicates the original condition is no longer present, and to track disenrollment data in each armed force. (e) PROGRAMS.—(1) The Office shall establish, maintain, and oversee a program to provide in- formation and referral services on special needs matters to military families with special needs on a continuous basis regardless of the location of the member’s assignment. The program shall provide for timely access by members of such military families to individual case managers and counselors on matters relating to special needs. (2) The Office shall establish, maintain, and oversee a program of outreach on special needs matters for military families with special needs. The program shall— (A) assist military families in identifying whether or not they have a member with spe- cial needs; and (B) provide military families with special needs with information on the services, sup- port, and assistance available through the De- partment of Defense regarding such members with special needs, including information on enrollment in programs of the military de- partments for such services, support, and as- sistance. (3)(A) The Office shall provide support to the Secretary of each military department in the es- tablishment and sustainment by such Secretary of a program for the support of military families with special needs under the jurisdiction of such Secretary. Each program shall be consistent with the policy developed by the Office under subsection (d). (B) Each program under this paragraph shall provide for appropriate numbers of case man- agers for the development and oversight of indi- vidualized services plans for educational and medical support for military families with spe- cial needs. (C) Services under a program under this para- graph may be provided by contract or other ar- rangements with non-Department of Defense en- tities qualified to provide such services. (f) RESOURCES.—The Secretary of Defense shall assign to the Office such resources, including personnel, as the Secretary considers necessary for the discharge of the responsibilities of the Office, including a sufficient number of members of the armed forces to ensure appropriate rep- resentation by the military departments in the personnel of the Office. (g) REPORTS.—(1) Not later than April 30 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the activities of the Office. (2) Each report under this subsection shall in- clude the following: (A) A description of any gaps in services available through the Department of Defense for military families with special needs that were identified under subsection (c)(3). (B) A description of the actions being taken, or planned, to address such gaps, including any plans developed under subsection (c)(4). (C) With respect to the Extended Care Health Option program under section 1079(d) of this title— (i) the utilization rates of services under such program by eligible dependents (as such term is defined in such section) during the prior year; (ii) a description of gaps in such services, as ascertained by the Secretary from infor- mation provided by families of eligible de- pendents; (iii) an assessment of factors that prevent knowledge of and access to such program, including a discussion of actions the Sec- retary may take to address these factors; and (iv) an assessment of the average wait time for an eligible dependent enrolled in the program to access alternative health coverage for a qualifying condition (as such term is defined in such section), including a discussion of any adverse health outcomes associated with such wait. (D) Such recommendations for legislative action as the Secretary considers appropriate to provide for the continuous improvement of support and services for military families with special needs. (h) MILITARY FAMILY WITH SPECIAL NEEDS.— For purposes of this section, a military family with special needs is any military family with one or more members who has a medical or edu- cational special need (as defined by the Sec- retary in regulations for purposes of this sec- tion), including a condition covered by the Ex- tended Health Care Option Program under sec- tion 1079f of this title. (Added Pub. L. 111–84, div. A, title V, § 563(a)(1), Oct. 28, 2009, 123 Stat. 2304; amended Pub. L. 111–383, div. A, title V, § 582(a), (b), title X, § 1075(b)(24), Jan. 7, 2011, 124 Stat. 4226, 4227, 4370; Pub. L. 114–328, div. A, title IX, § 933(b)(1)–(5)(A), Dec. 23, 2016, 130 Stat. 2364, 2365; Pub. L. 116–283, div. A, title V, § 582(a), title VII, § 704(c), Jan. 1, 2021, 134 Stat. 3651, 3688.) Editorial Notes AMENDMENTS 2021—Subsec. (b). Pub. L. 116–283, § 582(a)(1), sub- stituted ‘‘standardize, enhance,’’ for ‘‘enhance’’. Subsec. (c)(1). Pub. L. 116–283, § 582(a)(2), inserted ‘‘and standard’’ after ‘‘comprehensive’’. Subsec. (d)(1). Pub. L. 116–283, § 582(a)(3)(A), sub- stituted ‘‘regularly update’’ for ‘‘update from time to time’’. Subsec. (d)(3)(C) to (E). Pub. L. 116–283, § 582(a)(3)(B), added subpars. (C) to (E). Subsec. (d)(4)(F). Pub. L. 116–283, § 582(a)(3)(C)(i), sub- stituted ‘‘by an appropriate office of an individualized Page 1600 TITLE 10—ARMED FORCES § 1781c services plan (whether medical, educational, or both)’’ for ‘‘of an individualized services plan (medical and educational)’’. Subsec. (d)(4)(H), (I). Pub. L. 116–283, § 582(a)(3)(C)(ii), which directed adding subpars. (H) and (I) after subpar. (F), was executed by adding them after subpar. (G) to reflect the probable intent of Congress. Subsec. (g)(2)(C), (D). Pub. L. 116–283, § 704(c), added subpar. (C) and redesignated former subpar. (C) as (D). 2016—Pub. L. 114–328, § 933(b)(5)(A), substituted ‘‘Office of Special Needs’’ for ‘‘Office of Community Support for Military Families With Special Needs’’ in section catchline. Subsec. (a). Pub. L. 114–328, § 933(b)(2), substituted ‘‘Office of Military Family Readiness Policy’’ for ‘‘Of- fice of the Under Secretary of Defense for Personnel and Readiness’’. Pub. L. 114–328, § 933(b)(1), which directed substitution of ‘‘Office of Special Needs’’ for ‘‘Office of Community Support for Military Families with Special Needs’’, was executed by making the substitution for ‘‘Office of Community Support for Military Families With Special Needs’’ to reflect the probable intent of Congress. Subsec. (c). Pub. L. 114–328, § 933(b)(3), (4)(A)–(C), re- designated subsec. (d) as (c), substituted ‘‘subsection (d)’’ for ‘‘subsection (e)’’ in par. (1) and ‘‘subsection (e)’’ for ‘‘subsection (f)’’ in par. (2), and struck out former subsec. (c). Prior to amendment, text read as follows: ‘‘(1) The head of the Office shall be the Director of the Office of Community Support for Military Families With Special Needs, who shall be a member of the Sen- ior Executive Service or a general officer or flag offi- cer. ‘‘(2) In the discharge of the responsibilities of the Of- fice, the Director shall be subject to the supervision, di- rection, and control of the Under Secretary of Defense for Personnel and Readiness.’’ Subsec. (d). Pub. L. 114–328, § 933(b)(4)(A), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c). Subsec. (e). Pub. L. 114–328, § 933(b)(4)(A), (B), redesig- nated subsec. (f) as (e) and substituted ‘‘subsection (d)’’ for ‘‘subsection (e)’’ in par. (3)(A). Former subsec. (e) redesignated (d). Subsec. (f). Pub. L. 114–328, § 933(b)(4)(A), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e). Subsec. (g). Pub. L. 114–328, § 933(b)(4)(A), (D), redesig- nated subsec. (h) as (g) and substituted ‘‘subsection (c)(3)’’ for ‘‘subsection (d)(3)’’ in par. (2)(A) and ‘‘sub- section (c)(4)’’ for ‘‘subsection (d)(4)’’ in par. (2)(B). Former subsec. (g) redesignated (f). Subsecs. (h), (i). Pub. L. 114–328, § 933(b)(4)(A), redesig- nated subsec. (i) as (h). Former subsec. (h) redesignated (g). 2011—Subsec. (c). Pub. L. 111–383, § 582(a), amended subsec. (c) generally. Prior to amendment, text read as follows: ‘‘(1) The head of the Office shall be the Director of the Office of Community Support for Military Families With Special Needs, who shall be appointed by the Sec- retary of Defense from among civilian employees of the Department of Defense who are members of the Senior Executive Service or members of the armed forces in a general or flag grade. ‘‘(2) The Director shall be subject to the supervision, direction, and control of the Under Secretary of De- fense for Personnel and Readiness in the discharge of the responsibilities of the Office, and shall report di- rectly to the Under Secretary regarding the discharge of such responsibilities.’’ Subsec. (d)(7), (8). Pub. L. 111–383, § 582(b), added par. (7) and redesignated former par. (7) as (8). Subsec. (h)(1). Pub. L. 111–383, § 1075(b)(24), substituted ‘‘April 30 each year’’ for ‘‘180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010, and annually thereafter’’. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsec. (g) of this section requiring submittal of an- nual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. INCLUSIVE PLAYGROUND PILOT PROGRAM Pub. L. 118–159, div. A, title V, § 589B, Dec. 23, 2024, 138 Stat. 1916, provided that: ‘‘(a) IN GENERAL.—Not later than March 1, 2026, the Secretary of Defense, in coordination with the Secre- taries of the military departments, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan for the implementa- tion of a military families playground pilot program (in this section referred to as the ‘Inclusive Playground Pilot Program’) to design, develop, and construct play- grounds that directly support families enrolled in the Exceptional Family Member Program (hereinafter, ‘EFMP’) to increase the accessibility and inclusivity of access to playgrounds on military installations se- lected under subsection (c). ‘‘(b) ELEMENTS.—The plan under subsection (a) shall include the following elements: ‘‘(1) A definition of the term ‘inclusive playground’. ‘‘(2) A list of existing inclusive playgrounds on military installations. ‘‘(3) A list of military installations selected by the Secretary of Defense under subsection (c). ‘‘(4) An explanation of how the Secretary of Defense selected such locations, including— ‘‘(A) the numbers of military families enrolled in the EFMP at each such military installation; and ‘‘(B) the minimum number of such military fami- lies that justifies the construction of an inclusive playground on such military installation. ‘‘(5) The estimated costs to design, develop, and construct an inclusive playground (or upgrade an ex- isting playground to meet such definition) on the military installations selected under subsection (c), including— ‘‘(A) an explanation of how the Secretary deter- mined whether to construct a new inclusive play- ground or to upgrade an existing playground; ‘‘(B) the overall sustainment costs for an inclu- sive playground, and ‘‘(C) they [sic] type of funding required for such design, development, and construction. ‘‘(6) A list of additional authorities, appropriations, or other support the Secretary determines necessary to ensure the success of the Inclusive Playground Pilot Program. ‘‘(c) LOCATIONS.—In selecting military installations on which to implement the Inclusive Playground Pilot Program, the Secretary of Defense shall— ‘‘(1) select one military installation— ‘‘(A) of each military department; and ‘‘(B) that the Secretary determines has a large number of military families enrolled in the EFMP that would use an inclusive playground; ‘‘(2) take into consideration any existing inclusive playground of the Department of Defense. ‘‘(d) LIMITATION.—The Secretary of Defense may not implement the Inclusive Playground Pilot Program until— ‘‘(1) 180 days after the date on which the Secretary submits the plan under subsection (a); and ‘‘(2) funds are obligated for the design, develop- ment, and construction of inclusive playgrounds under the Inclusive Playground Pilot Program as minor military construction projects.’’ IMPROVEMENTS TO EXCEPTIONAL FAMILY MEMBER PROGRAM Pub. L. 117–81, div. A, title V, § 562(b)–(d), Dec. 27, 2021, 135 Stat. 1747, provided that: ‘‘(b) RELOCATION.—The Secretary of the military de- partment concerned may, if such Secretary determines it feasible, permit a covered member who receives per- manent change of station orders to elect, not later than 14 days after such receipt, from at least two loca- tions that provide support for the dependent of such covered member with a special need. Page 1601 TITLE 10—ARMED FORCES § 1781c ‘‘(c) FAMILY MEMBER MEDICAL SUMMARY.—The Sec- retary of a military department, in coordination with the Director of the Defense Health Agency, shall re- quire that a family member medical summary, com- pleted by a licensed and credentialed medical provider, is accessible in the electronic health record of the De- partment of Defense for subsequent review by a li- censed medical provider. ‘‘(d) COVERED MEMBER DEFINED.—In this section, the term ‘covered member’ means a member of an Armed Force— ‘‘(1) under the jurisdiction of the Secretary of a military department; and ‘‘(2) with a dependent with a special need.’’ Pub. L. 116–283, div. A, title V, § 582(b)–(e), Jan. 1, 2021, 134 Stat. 3652, 3653, provided that: ‘‘(b) STANDARDIZATION.—Not later than six months after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense, in coordination with the Secretaries of the military departments, shall, to the extent practicable, standardize the Exceptional Family Member Program (in this section referred to as the ‘EFMP’) across the military departments. The EFMP, standardized under this subsection, shall in- clude the following: ‘‘(1) Processes for the identification and enrollment of dependents of covered members with special needs. ‘‘(2) A process for the permanent change of orders for covered members, to ensure seamless continuity of services at the new permanent duty station. ‘‘(3) If an order for assignment is declined for a military family with special needs, the member will receive a reason for the decline of that order. ‘‘(4) A review process for installations to ensure that health care furnished through the TRICARE pro- gram, special needs education programs, and installa- tion-based family support programs are available to military families enrolled in the EFMP. ‘‘(5) A standardized respite care benefit across the covered Armed Forces, including the number of hours available under such benefit to military families en- rolled in the EFMP. ‘‘(6) Performance metrics for measuring, across the Department and with respect to each military depart- ment, the following: ‘‘(A) Assignment coordination and support for military families with special needs, including a systematic process for evaluating each military de- partment’s program for the support of military families with special needs. ‘‘(B) The reassignment of military families with special needs, including how often members request reassignments, for what reasons, and from what military installations. ‘‘(C) The level of satisfaction of military families with special needs with the family and medical sup- port they are provided. ‘‘(7) A requirement that the Secretary of each mili- tary department provide legal services by an attor- ney, trained in education law, at each military in- stallation— ‘‘(A) the Secretary determines is a primary re- ceiving installation for military families with spe- cial needs; and ‘‘(B) in a State that the Secretary determines has historically not supported families enrolled in the EFMP. ‘‘(8) The option for a family enrolled in the EFMP to continue to receive all services under that pro- gram and a family separation allowance, if otherwise authorized, if— ‘‘(A) the covered member receives a new perma- nent duty station; and ‘‘(B) the covered member and family elect for the family not to relocate with the covered member. ‘‘(9) The solicitation of feedback from military fam- ilies with special needs, and discussions of challenges and best practices of the EFMP, using existing family advisory organizations. ‘‘(c) CASE MANAGEMENT.—The Secretary of Defense, in coordination with the Secretaries of the military de- partments, shall develop an EFMP case management model, including the following: ‘‘(1) A single EFMP office, located at the head- quarters of each covered Armed Force, to oversee im- plementation of the EFMP and coordinate health care services, permanent change of station order processing, and educational support services for that covered Armed Force. ‘‘(2) An EFMP office at each military installation with case managers to assist each family of a covered member in the development of a plan that addresses the areas specified in subsection (b)(1). ‘‘(d) REPORT.—Not later than 180 days after the date of the enactment of the Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of this section, including any recommendations of the Secretary regarding additional legislation. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) The term ‘covered Armed Force’ means an Armed Force under the jurisdiction of the Secretary of a military department. ‘‘(2) The term ‘covered member’ means a member— ‘‘(A) of a covered Armed Force; and ‘‘(B) with a dependent with special needs.’’ MATTERS RELATING TO EDUCATION FOR MILITARY DEPENDENT STUDENTS WITH SPECIAL NEEDS Pub. L. 116–283, div. A, title V, § 589G, Jan. 1, 2021, 134 Stat. 3663, provided that: ‘‘(a) INFORMATION ON SPECIAL EDUCATION DISPUTES.— ‘‘(1) IN GENERAL.—Each Secretary of a military de- partment shall collect and maintain information on special education disputes filed by members of the Armed Forces under the jurisdiction of such Sec- retary. ‘‘(2) INFORMATION.—The information collected and maintained under this subsection shall include the following: ‘‘(A) The number of special education disputes filed. ‘‘(B) The outcome or disposition of the disputes. ‘‘(3) SOURCE OF INFORMATION.—The information col- lected and maintained pursuant to this subsection shall be derived from the following: ‘‘(A) Records and reports of case managers and navigators under the Exceptional Family Member Program of the Department of Defense. ‘‘(B) Reports submitted by members of the Armed Forces to officials at military installations or other relevant military officials. ‘‘(C) Such other sources as the Secretary of the military department concerned considers appro- priate. ‘‘(4) ANNUAL REPORTS.—On an annual basis, each Secretary of a military department shall submit to the Office of Special Needs of the Department of De- fense a report on the information collected by such Secretary under this subsection during the preceding year. ‘‘(b) GAO STUDY AND REPORT.— ‘‘(1) IN GENERAL.—The Comptroller General of the United States shall conduct a study on the following: ‘‘(A) The manner in which local educational agen- cies with schools that serve military dependent stu- dents use the following: ‘‘(i) Funds made available for impact aid for children with severe disabilities under section 363 of the Floyd D. Spence National Defense Author- ization Act for Fiscal Year 2001 (Public Law 106–398; 20 U.S.C. 7703a). ‘‘(ii) Funds made available for assistance to schools with a significant number of military de- pendent students under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b). ‘‘(C) [sic] The efficacy of attorneys and other legal support for military families in special edu- cation disputes. Page 1602 TITLE 10—ARMED FORCES § 1781c ‘‘(E) [sic] Whether, and to what extent, policies and guidance for School Liaison Officers are stand- ardized between the Office of Special Needs of the Department of Defense and the military depart- ments, and the efficacy of such policies and guid- ance. ‘‘(F) The improvements made to family support programs of the Office of Special Needs, and of each military department, in light of the recommenda- tions of the Comptroller General in the report ti- tled ‘DOD Should Improve Its Oversight of the Ex- ceptional Family Member Program’ (GAO–18–348). ‘‘(2) RECOMMENDATIONS.—As part of the study under paragraph (1), the Comptroller General shall develop recommendations on the following: ‘‘(A) Improvements to the ability of the Depart- ment of Defense to monitor and enforce the compli- ance of local educational agencies with require- ments for the provision of a free appropriate public education to military dependent students with spe- cial needs. ‘‘(B) Improvements to the policies of the Office of Special Needs, and of each military department, with respect to the standardization and efficacy of policies and programs for military dependent stu- dents with special needs. ‘‘(3) BRIEFING AND REPORT.—Not later than March 31, 2021, the Comptroller General of the United States shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing and a report [on] the results of the study conducted under paragraph (1). ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) The term ‘free appropriate public education’ has the meaning given that term in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401). ‘‘(2) The term ‘local educational agency’ has the meaning given that term in section 8101 of the Ele- mentary and Secondary Education Act of 1965 (20 U.S.C. 7801). ‘‘(3) The term ‘special education dispute’ means a complaint filed regarding the education provided to a child with a disability (as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)), including a complaint filed in accordance with section 615 or 639 of such Act (20 U.S.C. 1415, 1439).’’ FOUNDATION FOR SUPPORT OF MILITARY FAMILIES WITH SPECIAL NEEDS Pub. L. 111–84, div. A, title V, § 563(b), Oct. 28, 2009, 123 Stat. 2307, provided that: ‘‘(1) ESTABLISHMENT AUTHORIZED.—The Secretary of Defense may establish a foundation for the provision of assistance to the Department of Defense in providing support to military families with special needs. ‘‘(2) PURPOSES.—The purposes of the foundation shall be to assist the Department of Defense as follows: ‘‘(A) In conducting outreach to identify military families with special needs. ‘‘(B) In developing programs to support and provide services to military families with special needs. ‘‘(C) In developing educational curricula for the training of professional and paraprofessional per- sonnel providing support and services on special needs to military families with special needs. ‘‘(D) In conducting research on the following: ‘‘(i) The unique factors associated with a military career (including deployments of members of the Armed Forces) and their effects on families and in- dividuals with special needs. ‘‘(ii) Evidence-based therapeutic and medical services for members of military families with spe- cial needs, including research in conjunction with non-Department of Defense entities such as the Na- tional Institutes of Health. ‘‘(E) In providing vocational education and training for adolescent and adult members of military fami- lies with special needs. ‘‘(F) In carrying out other initiatives to contribute to improved support for military families with spe- cial needs. ‘‘(3) DEPARTMENT OF DEFENSE FUNDING.—The Sec- retary may provide the foundation such financial sup- port as the Secretary considers appropriate, including the provision to the foundation of appropriated funds and non-appropriated funds available to the Depart- ment of Defense. ‘‘(4) ANNUAL REPORT.—The foundation shall submit to the Secretary, and to the congressional defense com- mittees [Committees on Armed Services and Appro- priations of the Senate and the House of Representa- tives], each year a report on its activities under this subsection during the preceding year. Each report shall include, for the year covered by such report, the fol- lowing: ‘‘(A) A description of the programs and activities of the foundation. ‘‘(B) The budget of the foundation, including the sources of any funds provided to the foundation. ‘‘(5) MILITARY FAMILY WITH SPECIAL NEEDS DEFINED.— In this subsection, the term ‘military family with spe- cial needs’ has the meaning given such term in section 1781c(i) of title 10, United States Code (as added by sub- section (a)).’’ MILITARY DEPARTMENT SUPPORT FOR LOCAL CENTERS TO ASSIST MILITARY CHILDREN WITH SPECIAL NEEDS Pub. L. 111–84, div. A, title V, § 563(c), as added Pub. L. 111–383, div. A, title V, § 582(c)(2), Jan. 7, 2011, 124 Stat. 4227, provided that: ‘‘The Secretary of a military department may establish or support centers on or in the vicinity of military installations under the juris- diction of such Secretary to coordinate and provide medical and educational services for children with spe- cial needs of members of the Armed Forces who are as- signed to such installations.’’ ADVISORY PANEL ON COMMUNITY SUPPORT FOR MILITARY FAMILIES WITH SPECIAL NEEDS Pub. L. 111–84, div. A, title V, § 563(d), as added by Pub. L. 111–383, div. A, title V, § 582(c)(2), Jan. 7, 2011, 124 Stat. 4227; amended by Pub. L. 117–81, div. A, title V, § 562(a), Dec. 27, 2021, 135 Stat. 1746, provided that: ‘‘(1) ESTABLISHMENT.—Not later than 90 days after the date of the enactment of this subsection [Jan. 7, 2011], the Secretary of Defense shall establish an advisory panel on community support for military families with special needs. ‘‘(2) MEMBERS.—The advisory panel shall consist of nine individuals, appointed by the Secretary of De- fense, who are each a member of a military family with special needs. In appointing individuals to the panel, the Secretary shall ensure that— ‘‘(A) one individual is the spouse of an enlisted member; ‘‘(B) one individual is the spouse of an officer in a grade below O-6; ‘‘(C) one individual is a junior enlisted member; ‘‘(D) one individual is a junior officer; ‘‘(E) individuals reside in different geographic re- gions; ‘‘(F) one individual is a member serving at a remote installation or is a member of the family of such a member; and ‘‘(G) at least two individuals are members serving on active duty, each with a dependent who— ‘‘(i) is enrolled in the Exceptional Family Mem- ber Program; and ‘‘(ii) has an individualized education program. ‘‘(3) DUTIES.—The advisory panel shall— ‘‘(A) provide informed advice to the Director of the Office of Community Support for Military Families With Special Needs [now Office of Special Needs] on the implementation of the policy required by sub- section (e) [now (d)] of section 1781c of title 10, United States Code, and on the discharge of the programs re- quired by subsection (f) [now (e)] of such section; ‘‘(B) assess and provide information to the Director on services and support for children with special needs that is available from other departments and Page 1603 TITLE 10—ARMED FORCES § 1784 agencies of the Federal Government and from State and local governments; and ‘‘(C) otherwise advise and assist the Director in the discharge of the duties of the Office of Community Support for Military Families With Special Needs in such manner as the Secretary of Defense and the Di- rector jointly determine appropriate. ‘‘(4) MEETINGS.—The Director shall meet with the ad- visory panel at such times, and with such frequency, as the Director considers appropriate. The Director shall meet with the panel at least once each year. The Direc- tor may meet with the panel through teleconferencing or by other electronic means.’’ § 1782. Surveys of military families (a) AUTHORITY.—The Secretary of Defense, in order to determine the effectiveness of Federal programs relating to military families and the need for new programs, may conduct surveys of— (1) members of the armed forces who are on active duty, in an active status, or retired; (2) family members of such members; and (3) survivors of deceased retired members and of members who died while on active duty. (b) RESPONSES TO BE VOLUNTARY.—Responses to surveys conducted under this section shall be voluntary. (c) FEDERAL RECORDKEEPING REQUIREMENTS.— With respect to a survey authorized under sub- section (a) that includes a person referred to in that subsection who is not an employee of the United States or is not otherwise considered an employee of the United States for the purposes of section 3502(3)(A)(i) of title 44, the person shall be considered as being an employee of the United States for the purposes of that section. (d) SURVEY REQUIRED FOR FISCAL YEAR 2010.— Notwithstanding subsection (a), during fiscal year 2010, the Secretary of Defense shall conduct a survey otherwise authorized under such sub- section. Thereafter, additional surveys may be conducted not less often than once every three fiscal years. (Added Pub. L. 104–106, div. A, title V, § 568(a)(1), Feb. 10, 1996, 110 Stat. 330; amended Pub. L. 107–107, div. A, title V, § 572, Dec. 28, 2001, 115 Stat. 1122; Pub. L. 110–181, div. A, title V, § 581(c), Jan. 28, 2008, 122 Stat. 122.) Editorial Notes AMENDMENTS 2008—Subsec. (d). Pub. L. 110–181 added subsec. (d). 2001—Subsec. (a). Pub. L. 107–107, § 572(a), reenacted heading without change and amended text generally. Text read as follows: ‘‘The Secretary of Defense may conduct surveys of members of the armed forces on ac- tive duty or in an active status, members of the fami- lies 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.’’ Subsec. (c). Pub. L. 107–107, § 572(b), reenacted heading without change and amended text generally. Text read as follows: ‘‘With respect to such surveys, family mem- bers of members of the armed forces and reserve and re- tired 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 com- mittees A committee within the Department of De- fense which advises or assists the Department in the performance of any function which affects members of military families and which in- cludes members of military families in its mem- bership shall not be considered an advisory com- mittee under section 1001(2) of title 5 solely be- cause of such membership. (Added Pub. L. 104–106, div. A, title V, § 568(a)(1), Feb. 10, 1996, 110 Stat. 330; amended Pub. L. 117–286, § 4(a)(50), Dec. 27, 2022, 136 Stat. 4311.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–286 substituted ‘‘section 1001(2) of title 5’’ for ‘‘section 3(2) of the Federal Advisory Com- mittee Act (5 U.S.C. App.)’’. § 1784. Employment opportunities for military spouses (a) AUTHORITY.—The President shall order such measures as the President considers nec- essary 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 posi- tions 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 posi- tions in wage grade UA–8 and below and equiv- alent positions and for positions paid at hour- ly rates. (b) REGULATIONS.—The Secretary of Defense shall prescribe regulations— (1) to implement such measures as the Presi- dent 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 De- fense if the spouse is among persons deter- mined to be best qualified for the position and if the position is located in the same geo- graphical area as the permanent duty station of the member; (3) to ensure that notice of any vacant posi- tion 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 geo- graphic 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 posi- tion 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.—Noth- ing 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.