14 U.S.C. § 2922 — Child development services

Page 191 TITLE 14—COAST GUARD § 2922 Guard, for the primary and secondary schooling of dependents of Coast Guard personnel sta- tioned outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are un- able to provide adequately for the education of those dependents. (b) Whenever the Secretary, under such regu- lations as he may prescribe, determines that schools located in the same area in which a Coast Guard facility is located are not acces- sible by public means of transportation on a reg- ular basis, he may provide, out of funds appro- priated to or for the use of the Coast Guard, for the transportation of dependents of Coast Guard personnel between the schools serving the area and the Coast Guard facility. (Added Pub. L. 91–278, § 1(14), June 12, 1970, 84 Stat. 306, § 657; amended Pub. L. 93–430, § 5, Oct. 1, 1974, 88 Stat. 1182; renumbered § 544 and amended Pub. L. 113–281, title II, § 214(b)(1)(C), Dec. 18, 2014, 128 Stat. 3033; renumbered § 2906, Pub. L. 115–282, title I, § 117(b), Dec. 4, 2018, 132 Stat. 4230.) Editorial Notes PRIOR PROVISIONS A prior section 2906 was renumbered section 5107 of this title. AMENDMENTS 2018—Pub. L. 115–282 renumbered section 544 of this title as this section. 2014—Pub. L. 113–281 renumbered section 657 of this title as this section and, in subsec. (a), substituted ‘‘The Secretary may’’ for ‘‘Except as otherwise author- ized by the Act of September 30, 1950 (20 U.S.C. 236–244), the Secretary may’’. 1974—Pub. L. 93–430 struck out ‘‘; transportation of’’ after ‘‘children’’ in section catchline, designated exist- ing provisions as subsec. (b), and added subsec. (a). SUBCHAPTER II—COAST GUARD CHILD CARE Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, title I, § 117(c)(2), Dec. 4, 2018, 132 Stat. 4231, inserted subchapter II designation and head- ing. § 2921. Definitions In this subchapter, the following definitions apply: (1) CHILD ABUSE AND NEGLECT.—The term ‘‘child abuse and neglect’’ has the meaning given that term in section 3 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note). (2) CHILD DEVELOPMENT CENTER EMPLOYEE.— The term ‘‘child development center em- ployee’’ means a civilian employee of the Coast Guard who is employed to work in a Coast Guard child development center without regard to whether the employee is paid from appropriated or nonappropriated funds. (3) COAST GUARD CHILD DEVELOPMENT CEN- TER.—The term ‘‘Coast Guard child develop- ment center’’ means a facility on Coast Guard property or on property under the jurisdiction of the commander of a Coast Guard unit at which child care services are provided for members of the Coast Guard. (4) COMPETITIVE SERVICE POSITION.—The term ‘‘competitive service position’’ means a posi- tion in the competitive service (as defined in section 2102 of title 5). (5) FAMILY HOME DAYCARE.—The term ‘‘fam- ily home daycare’’ means home-based child care services provided for a member of the Coast Guard by an individual who— (A) is certified by the Commandant as qualified to provide home-based child care services; and (B) provides home-based child care services on a regular basis in exchange for monetary compensation. (Added Pub. L. 113–281, title II, § 214(a), Dec. 18, 2014, 128 Stat. 3031, § 551; renumbered § 2921, Pub. L. 115–282, title I, § 117(b), Dec. 4, 2018, 132 Stat. 4230.) Editorial Notes REFERENCES IN TEXT Section 3 of the Child Abuse Prevention and Treat- ment Act, referred to in par. (1), is section 3 of Pub. L. 93–247, which is set out as a note under section 5101 of Title 42, The Public Health and Welfare. AMENDMENTS 2018—Pub. L. 115–282 renumbered section 551 of this title as this section. § 2922. Child development services (a)(1) The Commandant may make child devel- opment services available, in such priority as the Commandant considers to be appropriate and consistent with readiness and resources and in the best interests of dependents of members and civilian employees of the Coast Guard, for— (A) members and civilian employees of the Coast Guard; (B) surviving dependents of service members who have died on active duty, if such depend- ents were beneficiaries of a Coast Guard child development service at the time of the death of such members; (C) members of the armed forces (as defined in section 101(a) of title 10); and (D) Federal civilian employees. (2) Child development service benefits pro- vided under the authority of this section shall be in addition to benefits provided under other laws. (b)(1) The Commandant is authorized to use appropriated funds available to the Coast Guard to provide child development services. (2)(A) The Commandant is authorized to estab- lish, by regulations, fees to be charged parents for the attendance of children at Coast Guard child development centers. (B) Fees to be charged, pursuant to subpara- graph (A), shall be based on family income and whether a family is participating in an initia- tive established under section 2925(b), except that the Commandant may, on a case-by-base basis, establish fees at lower rates if such rates Page 192 TITLE 14—COAST GUARD § 2922 would not be competitive with rates at local child development centers. (C) The Commandant is authorized to collect and expend fees, established pursuant to this subparagraph, and such fees shall, without fur- ther appropriation, remain available until ex- pended for the purpose of providing services, in- cluding the compensation of employees and the purchase of consumable and disposable items, at Coast Guard child development centers. (D) In the case of an active duty member with two or more children attending a Coast Guard child development center, the Commandant may modify the fees to be charged for attendance for the second and any subsequent child of such member by an amount that is 15 percent less than the amount of the fee otherwise chargeable for the attendance of the first such child en- rolled at the center, or another fee as the Com- mandant determines appropriate, consistent with multiple children. (3) The Commandant is authorized to use ap- propriated funds available to the Coast Guard to provide assistance to family home daycare pro- viders so that family home daycare services can be provided to uniformed service members and civilian employees of the Coast Guard at a cost comparable to the cost of services provided by Coast Guard child development centers. (4) To the maximum extent practicable, the Commandant shall ensure that, in a location in which Coast Guard family child care centers (as such term is defined in section 8239 of the Elijah E. Cummings Coast Guard Authorization Act of 2020) are necessary to meet the demand for child care for qualified families (as such term is de- fined in such section), not fewer than two hous- ing units are maintained in accordance with safety inspection standards so as to accommo- date family child care providers. (c) The Secretary shall promulgate regula- tions to implement this section. The regulations shall establish fees to be charged for child devel- opment services provided under this section which take into consideration total family in- come. (Added Pub. L. 104–324, title II, § 201(a), Oct. 19, 1996, 110 Stat. 3906, § 515; amended Pub. L. 111–281, title II, § 222, Oct. 15, 2010, 124 Stat. 2920; renumbered § 552 and amended Pub. L. 113–281, title II, § 214(b)(1)(B), Dec. 18, 2014, 128 Stat. 3033; renumbered § 2922 and amended Pub. L. 115–282, title I, §§ 117(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4230, 4240; Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8235, Jan. 1, 2021, 134 Stat. 4664; Pub. L. 117–263, div. K, title CXIV, §§ 11401(a), 11402, Dec. 23, 2022, 136 Stat. 4106, 4109.) Editorial Notes REFERENCES IN TEXT Section 8239 of the Elijah E. Cummings Coast Guard Authorization Act of 2020, referred to in subsec. (b)(4), is section 8239 of title LVXXXII [LXXXII] of div. G of Pub. L. 116–283, Jan. 1, 2021, 134 Stat. 4665, which is set out as a note below. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–263, § 11402, amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘The Commandant may make child de- velopment services available for members and civilian employees of the Coast Guard, and thereafter as space is available for members of the Armed Forces and Fed- eral civilian employees. Child development service ben- efits provided under the authority of this section shall be in addition to benefits provided under other laws.’’ Subsec. (b)(2)(D). Pub. L. 117–263, § 11401(a), added sub- par. (D). 2021—Subsec. (b)(4). Pub. L. 116–283 added par. (4). 2018—Pub. L. 115–282, § 117(b), renumbered section 552 of this title as this section. Subsec. (b)(2)(B). Pub. L. 115–282, § 123(b)(2), sub- stituted ‘‘section 2925(b)’’ for ‘‘section 555(b)’’. 2014—Pub. L. 113–281, § 214(b)(1)(B)(i), renumbered sec- tion 515 of this title as this section. Subsec. (b)(2)(B). Pub. L. 113–281, § 214(b)(1)(B)(ii)(I), inserted ‘‘and whether a family is participating in an initiative established under section 555(b)’’ after ‘‘fam- ily income’’. Subsecs. (c), (d). Pub. L. 113–281, § 214(b)(1)(B)(ii)(II), (III), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: ‘‘The Com- mandant shall provide for regular and unannounced in- spections of each child development center under this section and may use Department of Defense or other training programs to ensure that all child development center employees under this section meet minimum standards of training with respect to early childhood development, activities and disciplinary techniques ap- propriate to children of different ages, child abuse pre- vention and detection, and appropriate emergency med- ical procedures.’’ Subsec. (e). Pub. L. 113–281, § 214(b)(1)(B)(ii)(II), struck out subsec. (e) which read as follows: ‘‘For purposes of this section, the term ‘child development center’ does not include a child care services facility for which space is allotted under section 616 of the Act of Decem- ber 22, 1987 (40 U.S.C. 490b).’’ 2010—Subsec. (b). Pub. L. 111–281, § 222(1), added sub- sec. (b) and struck out former subsec. (b) which related to use of fees paid for services at Coast Guard child de- velopment centers. Subsecs. (d) to (g). Pub. L. 111–281, § 222(2), (3), redesig- nated subsecs. (f) and (g) as (d) and (e), respectively, and struck out former subsecs. (d) and (e) which read as follows: ‘‘(d) Of the amounts available to the Coast Guard each fiscal year for operating expenses (and in addition to amounts received as fees), the Secretary may use for child development services under this section an amount not to exceed the total amount the Com- mandant estimates will be received by the Coast Guard in the fiscal year as fees for the provision of those serv- ices. ‘‘(e) The Commandant may use appropriated funds available to the Coast Guard to provide assistance to family home day care providers so that family home day care services can be provided to uniformed service members and civilian employees of the Coast Guard at a cost comparable to the cost of services provided by Coast Guard child development centers.’’ Statutory Notes and Related Subsidiaries REVIEW OF FAMILY SUPPORT SERVICES WEBSITE AND ONLINE TRACKING SYSTEM Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8232, Jan. 1, 2021, 134 Stat. 4661, provided that: ‘‘(a) MEMORANDUM OF UNDERSTANDING.— ‘‘(1) IN GENERAL.—The Commandant [of the Coast Guard] shall enter into a memorandum of under- standing with the Secretary of Defense to enable qualified families to access the website at https:// militarychildcare.com (or a successor website) for purposes of Coast Guard family access to information with respect to State-accredited child development centers and other child care support services as such services become available from the Department of Defense through such website. The memorandum Page 193 TITLE 14—COAST GUARD § 2922 shall provide for the expansion of the geographical areas covered by such website, including regions in which qualified families live that are not yet covered by the program. ‘‘(2) INCLUSION OF CHILD DEVELOPMENT CENTERS AC- CESSIBLE UNDER PILOT PROGRAM.—The information ac- cessible pursuant to the memorandum of under- standing required by paragraph (1) shall include in- formation with respect to any child development cen- ter accessible pursuant to the pilot program under section 8234 [of Pub. L. 116–283, set out as a note below]. ‘‘(3) ELECTRONIC REGISTRATION, PAYMENT, AND TRACKING SYSTEM.—Not later than 1 year after the date of the enactment of this Act [Jan. 1, 2021], the Commandant shall develop and maintain an internet website of the Coast Guard accessible to qualified families to carry out the following activities: ‘‘(A) Register children for a Coast Guard child de- velopment center. ‘‘(B) Make online child care payments to a Coast Guard child development center. ‘‘(C) Track the status of a child on the wait list of a Coast Guard child development center, includ- ing the placement and position of the child on the wait list. ‘‘(b) WAIT LIST.— ‘‘(1) IN GENERAL.—The Commandant shall maintain a record of the wait list for each Coast Guard child development center. ‘‘(2) MATTERS TO BE INCLUDED.—Each record under paragraph (1) shall include the following: ‘‘(A) The total number of children of qualified families on the wait list. ‘‘(B) With respect to each child on the wait list— ‘‘(i) the age of the child; ‘‘(ii) the number of days the child has been on the wait list; ‘‘(iii) the position of the child on the wait list; ‘‘(iv) any special needs consideration; and ‘‘(v) information on whether a sibling of the child is on the wait list of, or currently enrolled in, the Coast Guard child development center con- cerned. ‘‘(3) REQUIREMENT TO ARCHIVE.—Information placed in the record of a Coast Guard child development cen- ter under paragraph (1) shall be archived for a period of not less than 10 years after the date of its place- ment in the record.’’ [For definitions of ‘‘Coast Guard child development center’’ and ‘‘qualified family’’ used in section 8232 of Pub. L. 116–283, set out above, see section 8239 of Pub. L. 116–283, set out as a note below.] STUDY AND SURVEY ON COAST GUARD CHILD CARE NEEDS Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8233, Jan. 1, 2021, 134 Stat. 4662, provided that: ‘‘(a) STUDY.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act [Jan. 1, 2021], and for each of the 2 fiscal years thereafter, the Com- mandant [of the Coast Guard] shall conduct a study on the child care needs of qualified families that in- corporates— ‘‘(A) the results of the survey under subsection (b); and ‘‘(B) any other information the Commandant con- siders appropriate to ensure adequate tracking and future needs-based assessments with respect to ade- quate access to Coast Guard child development cen- ters. ‘‘(2) CONSULTATION.—In conducting a study under paragraph (1), the Commandant may consult a feder- ally funded research and development center. ‘‘(3) SCOPE OF DATA.—The data obtained through each study under paragraph (1) shall be obtained on a regional basis, including by Coast Guard unit, sec- tor, and district. ‘‘(b) SURVEY.— ‘‘(1) IN GENERAL.—Together with each study under subsection (a), and annually as the Commandant con- siders appropriate, the Commandant shall carry out a survey of individuals described in paragraph (2) on ac- cess to Coast Guard child development centers. ‘‘(2) PARTICIPANTS.— ‘‘(A) IN GENERAL.—The Commandant shall seek the participation in the survey of the following Coast Guard individuals: ‘‘(i) Commanding officers, regardless of whether the commanding officers have children. ‘‘(ii) Regular and reserve personnel. ‘‘(iii) Spouses of individuals described in clauses (i) and (ii). ‘‘(B) SCOPE OF PARTICIPATION.—Individuals de- scribed in clauses (i) through (iii) of subparagraph (A) shall be surveyed regardless of whether such in- dividuals use or have access to Coast Guard child development centers or other Federal child care fa- cilities. ‘‘(C) VOLUNTARY PARTICIPATION.—Participation of any individual described in subparagraph (A) in a survey shall be on a voluntary basis. ‘‘(c) AVAILABILITY.—On request, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the results of any study or survey under this section.’’ [For definitions of ‘‘Coast Guard child development center’’ and ‘‘qualified family’’ used in section 8233 of Pub. L. 116–283, set out above, see section 8239 of Pub. L. 116–283, set out as a note below.] PILOT PROGRAM TO EXPAND ACCESS TO CHILD CARE Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8234, Jan. 1, 2021, 134 Stat. 4663, provided that: ‘‘(a) IN GENERAL.—Commencing not later than 60 days after the date on which the report under section 8231 [of Pub. L. 116–283, 134 Stat. 4659] is submitted, the Com- mandant [of the Coast Guard] shall carry out a pilot program, based on the recommendations provided in such report, to expand access to public or private child development centers for qualified families. ‘‘(b) DURATION.—The duration of the pilot program under subsection (a) shall be not more than 3 years be- ginning on the date on which the pilot program is es- tablished. ‘‘(c) DISCHARGE ON DISTRICT BASIS.—The Com- mandant— ‘‘(1) may carry out the pilot program on a district basis; and ‘‘(2) shall include in the pilot program remote and urban locations. ‘‘(d) RESERVATION OF CHILD CARE SLOTS.—As part of the pilot program, the Commandant shall seek to enter into one or more memoranda of understanding with one or more child development centers to reserve slots for qualified families in locations in which— ‘‘(1) the Coast Guard lacks a Coast Guard child de- velopment center; or ‘‘(2) the wait lists for the nearest Coast Guard child development center or Department of Defense child development center, where applicable, indicate that qualified families may not be accommodated. ‘‘(e) ANNUAL ASSESSMENT OF RESULTS.—As part of any study conducted pursuant to section 8233(a) [of Pub. L. 116–283, set out as a note above] after the end of the 1-year period beginning with the commencement of the pilot program, the Commandant shall also under- take a current assessment of the impact of the pilot program on access to child development centers for qualified families. The Commandant shall include the results of any such assessment in the results of the most current study or survey submitted pursuant to section 8233(a).’’ [For definitions of ‘‘Coast Guard child development center’’ and ‘‘qualified family’’ used in section 8234 of Pub. L. 116–283, set out above, see section 8239 of Pub. L. 116–283, set out as a note below.] Page 194 TITLE 14—COAST GUARD § 2923 EXPANDING OPPORTUNITIES FOR FAMILY CHILD CARE Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8238, Jan. 1, 2021, 134 Stat. 4665, provided that: ‘‘Not later than 1 year after the date of the enactment of this Act [Jan. 1, 2021], the Commandant [of the Coast Guard] shall— ‘‘(1) establish a procedure to allow Coast Guard family child care centers to occur at off-base housing, including off-base housing owned or subsidized by the Coast Guard; and ‘‘(2) establish a procedure to ensure that all re- quirements with respect to such family child care programs are met, including home inspections.’’ [For definition of ‘‘Coast Guard family child care cen- ter’’ used in section 8238 of Pub. L. 116–283, set out above, see section 8239 of Pub. L. 116–283, set out as a note below.] USE OF COAST GUARD AND MILITARY CHILD DEVELOPMENT CENTERS Pub. L. 108–293, title II, § 225, Aug. 9, 2004, 118 Stat. 1040, provided that: ‘‘The Secretary of Defense and the Secretary of the department in which the Coast Guard is operating, when operating other than as a service in the Navy, may agree to provide child care services to members of the armed forces, with reimbursement, in Coast Guard and military child development centers supported in whole or in part with appropriated funds. For purposes of military child development centers op- erated under the authority of subchapter II of chapter 88 of title 10, United States Code, the child of a member of the Coast Guard shall be considered the same as the child of a member of any of the other armed forces.’’ DEFINITIONS Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8239, Jan. 1, 2021, 134 Stat. 4665, provided that: ‘‘In this subtitle [subtitle C (§§8231–8239) of title LVXXXII [LXXXII] of div. G of Pub. L. 116–283, enacting section 2926 of this title, amending this section and section 2923 of this title, and enacting provisions set out as notes above]: ‘‘(1) COAST GUARD CHILD DEVELOPMENT CENTER.—The term ‘Coast Guard child development center’ has the meaning given that term in section 2921(3) of title 14, United States Code. ‘‘(2) COAST GUARD FAMILY CHILD CARE CENTER.—The term ‘Coast Guard family child care center’ means a location at which family home daycare is provided. ‘‘(3) FAMILY CHILD CARE PROVIDER.—The term ‘fam- ily child care provider’ means an individual who pro- vides family home daycare. ‘‘(4) FAMILY HOME DAYCARE.—The term ‘family home daycare’ has the meaning given that term in section 2921(5) of title 14, United States Code. ‘‘(5) QUALIFIED FAMILY.—The term ‘qualified family’ means any regular, reserve, or retired member of the Coast Guard, and any civilian employee of the Coast Guard, with one or more dependents.’’ § 2923. Child development center standards and inspections (a) STANDARDS.—The Commandant shall re- quire each Coast Guard child development cen- ter to meet standards of operation— (1) that the Commandant considers appro- priate to ensure the health, safety, and welfare of the children and employees at the center; and (2) necessary for accreditation by an appro- priate national early childhood programs ac- crediting entity. (b) INSPECTIONS.— (1) IN GENERAL.—Not less than twice annu- ally, the Commandant shall ensure that each Coast Guard child development center is sub- ject to an unannounced inspection. (2) RESPONSIBILITY FOR INSPECTIONS.—Of the biannual inspections under paragraph (1)— (A) 1 shall be carried out by a representa- tive of the Coast Guard installation served by the Coast Guard child development cen- ter concerned; and (B) 1 shall be carried out by a representa- tive of the Coast Guard child development services work-life programs. (c) NATIONAL REPORTING.— (1) IN GENERAL.—The Commandant shall maintain and publicize a means by which an individual can report, with respect to a Coast Guard child development center or a family home daycare— (A) any suspected violation of— (i) standards established under sub- section (a); or (ii) any other applicable law or standard; (B) suspected child abuse or neglect; or (C) any other deficiency. (2) ANONYMOUS REPORTING.—The Com- mandant shall ensure that an individual mak- ing a report pursuant to paragraph (1) may do so anonymously if so desired by the indi- vidual. (3) PROCEDURES.—The Commandant shall es- tablish procedures for investigating reports made pursuant to paragraph (1). (Added Pub. L. 113–281, title II, § 214(a), Dec. 18, 2014, 128 Stat. 3031, § 553; renumbered § 2923, Pub. L. 115–282, title I, § 117(b), Dec. 4, 2018, 132 Stat. 4230; amended Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8237(a), Jan. 1, 2021, 134 Stat. 4664; Pub. L. 117–263, div. K, title CXIV, § 11401(b), Dec. 23, 2022, 136 Stat. 4106.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–263 amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘The Commandant shall require each Coast Guard child development center to meet standards that the Commandant considers appropriate to ensure the health, safety, and welfare of the children and employ- ees at the center.’’ 2021—Subsec. (b). Pub. L. 116–283 added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: ‘‘The Commandant shall provide for regular and unannounced inspections of each Coast Guard child development center to ensure compliance with this section.’’ 2018—Pub. L. 115–282 renumbered section 553 of this title as this section. § 2924. Child development center employees (a) TRAINING.— (1) IN GENERAL.—The Commandant shall es- tablish a training program for Coast Guard child development center employees and satis- factory completion of the training program shall be a condition of employment for each employee of a Coast Guard child development center. (2) TIMING FOR NEW HIRES.—The Commandant shall require each employee of a Coast Guard child development center to complete the training program established under paragraph (1) not later than 6 months after the date on which the employee is hired.