10 U.S.C. § 1788a — Support programs: special operations

Page 1613 TITLE 10—ARMED FORCES § 1788a ‘‘(c) LIMITS ON COMMENCEMENT AND DURATION OF PRO- GRAM.—The Secretary of Defense may not commence the pilot program before October 1, 2007, and shall con- clude the pilot program not later than the end of the three-year period beginning on the date on which the Secretary commences the program. ‘‘(d) SCOPE OF PROGRAM.—Under the pilot program, the Secretary of Defense shall utilize one or more mod- els, demonstrated through research, of universal access of parents of children described in subsection (a) to as- sistance under the pilot program to achieve the fol- lowing goals: ‘‘(1) The identification and mitigation of specific risk factors for such children related to military life. ‘‘(2) The maximization of the educational readiness of such children. ‘‘(e) LOCATIONS AND GOALS.— ‘‘(1) SELECTION OF PARTICIPATING INSTALLATIONS.— In selecting military installations to participate in the pilot program, the Secretary of Defense shall limit selection to those military installations whose military personnel are experiencing significant tran- sition or deployment or which are undergoing transi- tion as a result of the relocation or activation of military units or activities relating to defense base closure and realignment. ‘‘(2) SELECTION OF CERTAIN INSTALLATIONS.—At least one of the installations selected under paragraph (1) shall be a military installation that will permit, under the pilot program, the meaningful evaluation of a model under subsection (d) that provides out- reach to parents in families with a parent who is a member of the National Guard or Reserve, which families live more than 40 miles from the installa- tion. ‘‘(3) GOALS OF PARTICIPATING INSTALLATIONS.—If a military installation is selected under paragraph (1), the Secretary shall require appropriate personnel at the military installation to develop goals, and spe- cific outcome measures with respect to such goals, for the conduct of the pilot program at the installa- tion. ‘‘(4) EVALUATION REQUIRED.—Upon completion of the pilot program at a military installation, the per- sonnel referred to in paragraph (3) at the installation shall be required to conduct an evaluation and assess- ment of the success of the pilot program at the in- stallation in meeting the goals developed for that in- stallation. ‘‘(f) GUIDELINES.—As part of conducting the pilot pro- gram, the Secretary of Defense shall issue guidelines regarding— ‘‘(1) the goals to be developed under subsection (e)(3); ‘‘(2) specific outcome measures; and ‘‘(3) the selection of curriculum and the conduct of developmental screening under the pilot program. ‘‘(g) REPORT.—Upon completion of the pilot program, the Secretary of Defense shall submit to the Com- mittee on Armed Services of the Senate and the Com- mittee on Armed Services of the House of Representa- tives a report on all of the evaluations prepared under subsection (e)(4) for the military installations partici- pating in the pilot program. The report shall describe the results of the evaluations, and may include such recommendations for legislative or administrative ac- tion as the Secretary considers appropriate in light of the evaluations, including recommendations for the continuation of the pilot program.’’ § 1788a. Support programs: special operations forces personnel; immediate family members (a) PROGRAMS AUTHORIZED.—Consistent with such regulations as the Secretary of Defense may prescribe to carry out this section, the Commander of the United States Special Oper- ations Command may conduct programs to pro- vide family support services. In selecting and conducting any program under this subsection, the Commander shall coordinate with the Under Secretary of Defense for Personnel and Readi- ness. (b) SELECTION OF PROGRAMS.—In selecting the programs to be conducted under subsection (a), the Commander shall— (1) identify family support services that have a direct and concrete impact on the read- iness of special operations forces, but that are not being provided by the Secretary of a mili- tary department to covered individuals; and (2) conduct a cost-benefit analysis of each family support service proposed to be included in a program. (c) ADDITIONAL AUTHORITY.—The Commander may expend up to $10,000,000 during each fiscal year, from funds available for Major Force Pro- gram 11, to carry out family support programs under this section. [(d) Repealed. Pub. L. 116–92, div. A, title XVII, § 1702(c)(1), Dec. 20, 2019, 133 Stat. 1796.] (e) DEFINITIONS.—In this section: (1) The term ‘‘Commander’’ means the Com- mander of the United States Special Oper- ations Command. (2) The term ‘‘immediate family members’’ has the meaning given that term in section 1789(c) of this title. (3) The term ‘‘special operations forces’’ means those forces of the armed forces identi- fied as special operations forces under section 167(j) of this title. (4) The term ‘‘family support services’’ in- cludes psychological support, spiritual sup- port, and costs of transportation, food, lodg- ing, child care, supplies, fees, and training ma- terials for covered individuals while partici- pating in programs under subsection (a). (5) The term ‘‘covered individuals’’ means— (A) members of the Armed Forces (includ- ing the reserve components) assigned to spe- cial operations forces; (B) service personnel assigned to support special operations forces; (C) immediate family members of individ- uals described in subparagraphs (A) and (B); and (D) immediate family members of individ- uals described in subparagraphs (A) or (B) in a case in which such individual died— (i) as a direct result of armed conflict; (ii) while engaged in hazardous service; (iii) in the performance of duty under conditions simulating war; or (iv) through an instrumentality of war. (Added and amended Pub. L. 115–91, div. A, title V, § 555(a)–(d), Dec. 12, 2017, 131 Stat. 1402, 1403; Pub. L. 115–232, div. A, title V, § 572, Aug. 13, 2018, 132 Stat. 1778; Pub. L. 116–92, div. A, title XVII, §§ 1702(c)(1), 1731(a)(28), Dec. 20, 2019, 133 Stat. 1796, 1813; Pub. L. 116–283, div. A, title V, § 583(a), Jan. 1, 2021, 134 Stat. 3653; Pub. L. 117–81, div. A, title V, § 561, title X, § 1081(a)(24), Dec. 27, 2021, 135 Stat. 1746, 1920.) Editorial Notes CODIFICATION Text of section, as added by Pub. L. 115–91, is based on text of subsecs. (a), (b), (d), and (e) of section 554 of Page 1614 TITLE 10—ARMED FORCES § 1789 Pub. L. 113–66, div. A, title V, Dec. 26, 2013, 127 Stat. 765, which was formerly set out as a note under section 1788 of this title, prior to repeal by Pub. L. 115–91, div. A, title X, § 1081(e), Dec. 12, 2017, 131 Stat. 1601. AMENDMENTS 2021—Pub. L. 116–283, § 583(a)(1), substituted ‘‘Support programs: special operations forces personnel; imme- diate family members’’ for ‘‘Family support programs: immediate family members of members of special oper- ations forces’’ in section catchline. Subsec. (a). Pub. L. 116–283, § 583(a)(2), struck out ‘‘for the immediate family members of members of the armed forces assigned to special operations forces’’ after ‘‘family support services’’. Subsec. (b)(1). Pub. L. 116–283, § 583(a)(3), substituted ‘‘covered individuals’’ for ‘‘the immediate family mem- bers of members of the armed forces assigned to special operations forces’’. Subsec. (d)(2)(A). Pub. L. 116–283, § 583(a)(4)(A), sub- stituted ‘‘covered individuals’’ for ‘‘family members of members of the armed forces assigned to special oper- ations forces’’. Subsec. (d)(2)(B). Pub. L. 116–283, § 583(a)(4)(B), sub- stituted ‘‘covered individuals’’ for ‘‘family members of members of the armed forces assigned to special oper- ations forces’’. Subsec. (e)(3). Pub. L. 117–81, § 1081(a)(24)(A), sub- stituted ‘‘section 167(j)’’ for ‘‘section 167(i)’’. Subsec. (e)(4). Pub. L. 117–81, § 1081(a)(24)(B), sub- stituted ‘‘covered individuals’’ for ‘‘covered personnel’’. Pub. L. 117–81, § 561(1), which directed substitution of ‘‘covered individuals’’ for ‘‘covered personnel’’, could not be executed because of the prior amendment by Pub. L. 117–81, § 1081(a)(24)(B). See note above and Co- ordination of Amendments by Pub. L. 117–81 note below. Pub. L. 116–283, § 583(a)(5)(A), (B), inserted ‘‘psycho- logical support, spiritual support, and’’ before ‘‘costs’’ and substituted ‘‘covered personnel’’ for ‘‘immediate family members of members of the armed forces as- signed to special operations forces’’. Subsec. (e)(5). Pub. L. 117–81, § 1081(a)(24)(C), sub- stituted ‘‘ ‘covered individuals’ ’’ for ‘‘ ‘covered per- sonnel’ ’’. Pub. L. 117–81, § 561(2)(A), which directed substitution of ‘‘covered individuals’’ for ‘‘covered personnel’’, could not be executed because of the prior amendment by Pub. L. 117–81, § 1081(a)(24)(C). See note above and Co- ordination of Amendments by Pub. L. 117–81 note below. Pub. L. 116–283, § 583(a)(5)(C), which directed amend- ment of subsec. (e)(4) ‘‘by adding at the end’’ par. (5), was executed by adding par. (5) after par. (4), to reflect the probable intent of Congress. Subsec. (e)(5)(D). Pub. L. 117–81, § 561(2)(B)–(D), added subpar. (D). 2019—Subsec. (d). Pub. L. 116–92, § 1702(c)(1), struck out subsec. (d) which required an annual report regard- ing the family support programs. Subsec. (d)(1). Pub. L. 116–92, § 1731(a)(28), substituted ‘‘Not later than March 1 each year’’ for ‘‘Not later than March 1, 2019, and each March 1 thereafter’’. 2018—Subsecs. (a), (b)(1). Pub. L. 115–232, § 572(1), sub- stituted ‘‘services’’ for ‘‘activities’’. Subsec. (b)(2). Pub. L. 115–232, § 572(2), substituted ‘‘service’’ for ‘‘activity’’. Subsec. (c). Pub. L. 115–232, § 572(3), substituted ‘‘$10,000,000’’ for ‘‘$5,000,000’’. Subsec. (e)(4). Pub. L. 115–232, § 572(4), added par. (4). 2017—Subsec. (a). Pub. L. 115–91, § 555(d)(3), struck out ‘‘Pilot’’ before ‘‘Programs’’ in heading and substituted ‘‘programs to provide’’ for ‘‘up to three pilot programs to assess the feasibility and benefits of providing’’ in text. Pub. L. 115–91, § 555(d)(1), (2), substituted ‘‘armed forces’’ for ‘‘Armed Forces’’ and struck out ‘‘pilot’’ be- fore ‘‘program’’. Subsec. (b)(1). Pub. L. 115–91, § 555(d)(1), substituted ‘‘armed forces’’ for ‘‘Armed Forces’’. Subsec. (b)(2). Pub. L. 115–91, § 555(d)(2), struck out ‘‘pilot’’ before ‘‘program’’. Subsec. (c). Pub. L. 115–91, § 555(b)(1), (c), redesignated subsec. (d) as (c) and substituted ‘‘, from funds avail- able for Major Force Program 11, to carry out family support programs under this section.’’ for ‘‘specified in subsection (f) to carry out the pilot programs under subsection (a).’’ Subsec. (d). Pub. L. 115–91, § 555(b)(2), added subsec. (d). Former subsec. (d) redesignated (c). Subsec. (e)(2). Pub. L. 115–91, § 555(d)(4)(A), substituted ‘‘this title’’ for ‘‘title 10, United States Code’’. Subsec. (e)(3). Pub. L. 115–91, § 555(d)(4)(B), substituted ‘‘this title’’ for ‘‘such title’’. Pub. L. 115–91, § 555(d)(1), substituted ‘‘armed forces’’ for ‘‘Armed Forces’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116–92, div. A, title XVII, § 1702(c)(2), Dec. 20, 2019, 133 Stat. 1796, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall take effect on December 30, 2021.’’ COORDINATION OF AMENDMENTS BY PUB. L. 117–81 Amendment by section 1081 of Pub. L. 117–81 to be treated as having been enacted immediately before amendments by other provisions of Pub. L. 117–81, see section 1081(d) of Pub. L. 117–81, set out as a Coordina- tion of Certain Sections of an Act With Other Provi- sions of That Act note under section 101 of this title. § 1789. Chaplain-led programs: authorized sup- port (a) AUTHORITY.—The Secretary of a military department may provide support services de- scribed in subsection (b) to support a chaplain- led program to assist a covered individual in building and maintaining a strong family struc- ture, or to support the resiliency, suicide pre- vention, or holistic wellness of such covered in- dividual. (b) AUTHORIZED SUPPORT SERVICES.—The sup- port services referred to in subsection (a) are costs of transportation, food, lodging, child care, supplies, fees, and training materials for a cov- ered individual while participating in a program referred to in that subsection, including partici- pation at a retreat or conference. (c) COVERED INDIVIDUAL DEFINED.—In this sec- tion, the term ‘‘covered individual’’ means— (1) a member of the armed forces on active duty; (2) a member of the reserve components in an active status; or (3) a dependent of an individual described in paragraph (1) or (2). (Added Pub. L. 108–136, div. A, title V, § 582(a)(1), Nov. 24, 2003, 117 Stat. 1489; amended Pub. L. 117–263, div. A, title V, § 571(a), Dec. 23, 2022, 136 Stat. 2600; Pub. L. 118–31, div. A, title XVIII, § 1801(a)(17), Dec. 22, 2023, 137 Stat. 684.) Editorial Notes AMENDMENTS 2023—Subsec. (c)(3). Pub. L. 118–31 substituted ‘‘para- graph (1) or (2)’’ for ‘‘subparagraph (A) or (B)’’. 2022—Subsec. (a). Pub. L. 117–263, § 571(a)(1), sub- stituted ‘‘a chaplain-led program to assist a covered in- dividual’’ for ‘‘chaplain-led programs to assist members of the armed forces on active duty and their immediate family members, and members of reserve components