10 U.S.C. § 1781a — Department of Defense Military Family

Page 1594 TITLE 10—ARMED FORCES § 1781a and immigration and citizenship services for these service members, veterans, and their families. The Working Group shall convene its first meeting within 10 days of the date of this memorandum. (a) The Working Group shall consist of representa- tives from: (i) the Department of State; (ii) the Department of Defense; (iii) the Department of Justice; (iv) the Department of Labor; (v) the Department of Veterans Affairs; and (vi) the Department of Homeland Security. (b) The Working Group shall consult with additional agencies or offices, as appropriate. SEC. 2. Mission and Functions of the Working Group. (a) The Working Group shall coordinate agency efforts to support service members, veterans, and their families who are navigating the immigration, veterans, and military systems. Such efforts shall include: (i) coordinating the sharing of military records and other information relevant to immigration or veterans benefits; (ii) enhancing awareness of naturalization and immi- gration benefits to provide timely assistance and infor- mation to service members, veterans, and their fami- lies; (iii) coordinating and facilitating the process of adju- dicating immigration applications and petitions; and (iv) other efforts that further support service mem- bers, veterans, and their families. (b) Within 30 days of the date of this memorandum, the Working Group shall develop an initial 3-year stra- tegic action plan that details broad approaches to be taken to enhance access to services and benefits. This initial plan shall be supplemented by a more detailed plan, to be published within 120 days of the date of this memorandum that discusses the steps to be taken in greater detail. The Working Group shall also report pe- riodically on its accomplishments and ongoing initia- tives. SEC. 3. Outreach. Consistent with the objectives of this memorandum and applicable law, the Working Group shall seek the views of representatives of private and nonprofit organizations; veterans and military service organizations; State, tribal, and local govern- ment agencies; elected officials; and other interested persons to inform the Working Group’s plans. SEC. 4. General Provisions. (a) The heads of agencies shall assist and provide information to the Working Group, consistent with applicable law, as may be nec- essary to carry out the functions of the Working Group. Each agency and office shall bear its own expense for carrying out activities related to the Working Group. (b) Nothing in this memorandum shall be construed to impair or otherwise affect the authority granted by law to an executive department or an agency, or the head thereof, or the status of that department or agen- cy within the Federal Government. (c) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (d) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (e) The Secretary of Homeland Security is hereby au- thorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 1781a. Department of Defense Military Family Readiness Council (a) IN GENERAL.—There is in the Department of Defense the Department of Defense Military Family Readiness Council (in this section re- ferred to as the ‘‘Council’’). (b) MEMBERS.—(1) The Council shall consist of the following members: (A) The Under Secretary of Defense for Per- sonnel and Readiness, who shall serve as chair of the Council and who may designate a rep- resentative to chair the council in the Under Secretary’s absence. (B) The following persons, who shall be ap- pointed or designated by the Secretary of De- fense: (i) One representative of each of the Army, Navy, Air Force, Marine Corps, and Space Force, each of whom shall be a member or civilian employee of the armed force to be represented. (ii) One representative, who shall be a member or civilian employee of the National Guard Bureau, to represent both the Army National Guard and the Air National Guard. (iii) One spouse or parent of a member of each of the Army, Navy, Air Force, Marine Corps, and Space Force, two of whom shall be the spouse or parent of an active compo- nent member, two of whom shall be the spouse or parent of a reserve component member, and one of whom shall be the spouse or parent of a member of the Space Force. (C) Three individuals appointed by the Sec- retary of Defense from among representatives of military family organizations, including military family organizations of families of members of the regular components and of families of members of the reserve compo- nents. (D) The senior enlisted advisor from each of the Army, Navy, Air Force, Marine Corps, and Space Force, except that two of these mem- bers may instead be selected from among the spouses of the senior enlisted advisors. (E) The Director of the Office of Military Family Readiness Policy. (2)(A) The term on the Council of the members appointed or designated under subparagraph (B) of paragraph (1) shall be two years and may be renewed by the Secretary of Defense. (B) The term on the Council of the members appointed under subparagraph (C) of paragraph (1) shall be two years. (c) MEETINGS.—The Council shall meet not less often than twice each year. (d) DUTIES.—The duties of the Council shall in- clude the following: (1) To review and make recommendations to the Secretary of Defense regarding the policy and plans required under section 1781b of this title. (2) To monitor requirements for the support of military family readiness programs and ac- tivities of the Department of Defense. (3) To evaluate and assess the effectiveness of the military family readiness programs and activities of the Department of Defense. (4) To make recommendations to the Sec- retary of Defense to improve collaboration, awareness, and promotion of accurate and timely military family readiness information and support services by policy makers, service providers, and targeted beneficiaries. (e) MILITARY FAMILY READINESS WORKING GROUP FOR MILITARY HOUSING.— Page 1595 TITLE 10—ARMED FORCES § 1781a (1) There is in the Council the Military Fam- ily Readiness Working Group for Military Housing (in this section referred to as the ‘‘Housing Working Group’’). (2)(A) The Housing Working Group shall be composed of the following members: (i) The Assistant Secretary of Defense for Energy, Installations, and Environment, who shall serve as chair of the Housing Working Group on a nondelegable basis. (ii) One representative of each of the Army, Navy, Air Force, Marine Corps, and Space Force— (I) each of whom shall be a member of the armed force to be represented; and (II) not fewer than two of whom shall be enlisted members. (iii) One spouse of a member of each of the Army, Navy, Air Force, Marine Corps, and Space Force on active duty, not fewer than two of which shall be the spouse of an en- listed member. (iv) One commander or senior official of a military installation from each military de- partment with responsibility for the public works or civil engineering systems of such installation. (v) One individual appointed by the Sec- retary of Defense among representatives of a voluntary consensus standards body that de- velops personnel certification standards for building maintenance, inspections, or res- toration. (vi) The Director of the Office of Military Family Readiness Policy. (B) The term of Housing Working Group members specified under clauses (ii) through (v) of subparagraph (A) shall be two years and may be renewed by the Secretary of Defense. (C) The chair of the Housing Working Group shall extend an invitation to all landlords for one representative of each landlord to attend such meetings of the Housing Working Group as the chair considers appropriate but at a minimum of once per year. (3) The Housing Working Group shall meet at least two times each year. (4) The duties of the Housing Working Group shall include the following: (A) To review and make recommendations to the Secretary of Defense on policies for covered military housing, including inspec- tions practices and resident surveys. (B) To make recommendations to the Sec- retary of Defense to improve— (i) awareness and promotion of accurate and timely information about covered military housing, accommodations avail- able through the Exceptional Family Member Program of the Department, and other support services; and (ii) collaboration among policymakers, providers of such accommodations and other support services, and targeted bene- ficiaries of such accommodations and other support services. (5) In this subsection: (A) The term ‘‘landlord’’ has the meaning given that term in section 2871 of this title. (B) The term ‘‘covered military housing’’ means housing acquired or constructed pur- suant to subchapter IV of chapter 169 of this title that is owned by an entity other than the Federal Government. (Added Pub. L. 110–181, div. A, title V, § 581(a), Jan. 28, 2008, 122 Stat. 120; amended Pub. L. 111–84, div. A, title V, § 562, Oct. 28, 2009, 123 Stat. 2303; Pub. L. 111–383, div. A, title V, § 581, Jan. 7, 2011, 124 Stat. 4226; Pub. L. 112–81, div. A, title V, § 574, Dec. 31, 2011, 125 Stat. 1427; Pub. L. 114–328, div. A, title IX, § 933(a)(2), Dec. 23, 2016, 130 Stat. 2364; Pub. L. 115–232, div. A, title V, § 571(a)–(c), Aug. 13, 2018, 132 Stat. 1777, 1778; Pub. L. 116–283, div. A, title IX, § 924(b)(29), Jan. 1, 2021, 134 Stat. 3825; Pub. L. 118–31, div. A, title XVII, § 1722(k)(1), div. B, title XXVIII, § 2821(a), Dec. 22, 2023, 137 Stat. 673, 749.) Editorial Notes AMENDMENTS 2023—Subsec. (b)(1)(B)(iii). Pub. L. 118–31, § 1722(k)(1), substituted ‘‘active component member,’’ for ‘‘active component member and’’ and inserted ‘‘, and one of whom shall be the spouse or parent of a member of the Space Force’’ after ‘‘parent of a reserve component member’’. Subsec. (e). Pub. L. 118–31, § 2821(a), amended subsec. (e) generally. Prior to amendment, subsec. (e) related to annual reports on military family readiness. 2021—Subsec. (b)(1). Pub. L. 116–283 substituted ‘‘Air Force, Marine Corps, and Space Force’’ for ‘‘Marine Corps, and Air Force’’ wherever appearing. 2018—Subsec. (b)(1)(B)(i). Pub. L. 115–232, § 571(a)(1)(A), substituted ‘‘a member or civilian employee of the armed force to be represented’’ for ‘‘a member of the armed force to be represented’’. Subsec. (b)(1)(B)(ii). Pub. L. 115–232, § 571(a)(1)(B), added cl. (ii) and struck out former cl. (ii) which read as follows: ‘‘One representative of the Army National Guard or the Air National Guard, who may be a mem- ber of the National Guard.’’ Subsec. (b)(2)(A). Pub. L. 115–232, § 571(a)(2)(A), struck out ‘‘clauses (i) and (iii) of’’ before ‘‘subparagraph (B)’’ and ‘‘Representation on the Council under clause (ii) of that subparagraph shall rotate between the Army Na- tional Guard and Air National Guard every two years on a calendar year basis.’’ after ‘‘Secretary of Defense.’’ Subsec. (b)(2)(B). Pub. L. 115–232, § 571(a)(2)(B), sub- stituted ‘‘two years’’ for ‘‘three years’’. Subsec. (d)(2). Pub. L. 115–232, § 571(b)(1), substituted ‘‘military family readiness programs and activities of the Department of Defense’’ for ‘‘military family readi- ness by the Department of Defense’’. Subsec. (d)(4). Pub. L. 115–232, § 571(b)(2), added par. (4). Subsec. (e)(1). Pub. L. 115–232, § 571(c), substituted ‘‘July 1’’ for ‘‘February 1’’. 2016—Subsec. (b)(1)(E). Pub. L. 114–328 substituted ‘‘Office of Military Family Readiness Policy’’ for ‘‘Of- fice of Community Support for Military Families with Special Needs’’. 2011—Subsec. (b). Pub. L. 112–81 amended subsec. (b) generally. Prior to amendment, subsec. (b) related to members. Subsec. (b)(1)(B). Pub. L. 111–383, § 581(d)(1)(A), struck out ‘‘, who shall be appointed by the Secretary of De- fense’’ after ‘‘Air Force’’. Subsec. (b)(1)(C). Pub. L. 111–383, § 581(d)(1)(B), struck out ‘‘, who shall be appointed by the Secretary of De- fense’’ after ‘‘Air National Guard’’ in cl. (i) and after ‘‘Air Force Reserve’’ in cl. (ii). Subsec. (b)(1)(D). Pub. L. 111–383, § 581(d)(1)(C), struck out ‘‘by the Secretary of Defense’’ after ‘‘appointed’’. Subsec. (b)(1)(E). Pub. L. 111–383, § 581(a)(1)(B), added subpar. (E). Former subpar. (E) redesignated (F). Subsec. (b)(1)(F). Pub. L. 111–383, § 581(c), amended subpar. (F) generally. Prior to amendment, subpar. (F) Page 1596 TITLE 10—ARMED FORCES § 1781b read as follows: ‘‘In addition to the representatives ap- pointed under subparagraphs (B) and (C), the senior en- listed advisors of the Army, Navy, Marine Corps, and Air Force, or the spouse of a senior enlisted member from each of the Army, Navy, Marine Corps, and Air Force.’’ Pub. L. 111–383, § 581(a)(1)(A), redesignated subpar. (E) as (F). Subsec. (b)(1)(G). Pub. L. 111–383, § 581(b), added sub- par. (G). Subsec. (b)(2). Pub. L. 111–383, § 581(a)(2), substituted ‘‘subparagraphs (C), (D), and (E)’’ for ‘‘subparagraphs (C) and (D)’’. Subsec. (b)(3). Pub. L. 111–383, § 581(d)(2), added par. (3). 2009—Subsec. (b)(1)(C) to (E). Pub. L. 111–84, § 562(a), added subpar. (C), redesignated former subpars. (C) and (D) as (D) and (E), respectively, and substituted ‘‘sub- paragraphs (B) and (C)’’ for ‘‘subparagraph (B)’’ in sub- par. (E). Subsec. (b)(2). Pub. L. 111–84, § 562(b), substituted ‘‘subparagraphs (C) and (D) of paragraph (1)’’ for ‘‘para- graph (1)(C)’’ and inserted at end ‘‘Representation on the Council required by clause (i) of paragraph (1)(C) shall rotate between the Army National Guard and Air National Guard. Representation required by clause (ii) of such paragraph shall rotate among the reserve com- ponents specified in such clause.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–232, div. A, title V, § 571(d), Aug. 13, 2018, 132 Stat. 1778, provided that: ‘‘(1) IN GENERAL.—The amendments made by this sec- tion [amending this section] shall take effect on the date of the enactment of this Act [Aug. 13, 2018]. ‘‘(2) APPLICABILITY OF MEMBERSHIP AND TERM AMEND- MENTS.—The amendments made by subsection (a) shall apply to members of the Department of Defense Mili- tary Family Readiness Council appointed after the date of the enactment of this Act.’’ § 1781b. Department of Defense policy and plans for military family readiness (a) POLICY AND PLANS REQUIRED.—The Sec- retary of Defense shall develop a policy and plans for the Department of Defense for the sup- port of military family readiness. (b) PURPOSES.—The purposes of the policy and plans required under subsection (a) are as fol- lows: (1) To ensure that the military family readi- ness programs and activities of the Depart- ment of Defense are comprehensive, effective, and properly supported. (2) To ensure that support is continuously available to military families in peacetime and in war, as well as during periods of force structure change and relocation of military units. (3) To ensure that the military family readi- ness programs and activities of the Depart- ment of Defense are available to all military families, including military families of mem- bers of the regular components, the reserve components, and the Space Force. (4) To make military family readiness an ex- plicit element of applicable Department of De- fense plans, programs, and budgeting activi- ties, and that achievement of military family readiness is expressed through Department- wide goals that are identifiable and measur- able. (5) To ensure that the military family readi- ness programs and activities of the Depart- ment of Defense undergo continuous evalua- tion in order to ensure that resources are allo- cated and expended for such programs and ac- tivities to achieve Department-wide family readiness goals. (c) ELEMENTS OF POLICY.—The policy required under subsection (a) shall include the following elements: (1) A list of military family readiness pro- grams and activities. (2) Department of Defense-wide goals for military family support, including joint pro- grams, for military families of members of the regular components, members of the reserve components, and members of the Space Force. (3) Policies on access to military family sup- port programs and activities based on military family populations served and geographical lo- cation. (4) Metrics to measure the performance and effectiveness of the military family readiness programs and activities of the Department of Defense. (5) A summary, by fiscal year, of the alloca- tion of funds (including appropriated funds and nonappropriated funds) for major cat- egories of military family readiness programs and activities of the Department of Defense, set forth for each of the military departments and for the Office of the Secretary of Defense. (Added Pub. L. 110–181, div. A, title V, § 581(a), Jan. 28, 2008, 122 Stat. 121; amended Pub. L. 111–383, div. A, title X, § 1075(b)(23), Jan. 7, 2011, 124 Stat. 4370; Pub. L. 115–91, div. A, title X, § 1051(a)(9), Dec. 12, 2017, 131 Stat. 1560; Pub. L. 118–31, div. A, title XVII, § 1722(k)(2), Dec. 22, 2023, 137 Stat. 673.) Editorial Notes AMENDMENTS 2023—Subsec. (b)(3). Pub. L. 118–31, § 1722(k)(2)(A), sub- stituted ‘‘military families of members of the regular components, the reserve components, and the Space Force’’ for ‘‘military families of members of the reg- ular components and military families of members of the reserve components’’. Subsec. (c)(2). Pub. L. 118–31, § 1722(k)(2)(B), struck out ‘‘both’’ after ‘‘joint programs,’’ and substituted ‘‘military families of members of the regular compo- nents, members of the reserve components, and mem- bers of the Space Force’’ for ‘‘military families of mem- bers of the regular components and military families of members of the reserve components’’. 2017—Subsec. (d). Pub. L. 115–91 struck out subsec. (d). Text read as follows: ‘‘Not later than March 1 each year, the Secretary of Defense shall submit to the con- gressional defense committees a report on the plans re- quired under subsection (a) for the five-fiscal year pe- riod beginning with the fiscal year in which the report is submitted. Each report shall include the plans cov- ered by the report and an assessment of the discharge by the Department of Defense of the previous plans submitted under this section.’’ 2011—Subsec. (d). Pub. L. 111–383 substituted ‘‘March 1 each year’’ for ‘‘March 1, 2008, and each year there- after’’. Statutory Notes and Related Subsidiaries POLICY REGARDING REMOTE MILITARY INSTALLATIONS Pub. L. 117–81, div. A, title V, § 565, Dec. 27, 2021, 135 Stat. 1749, provided that: