Editorial Notes
Amendments2021—Subsec. (span). Puspan. L. 116–283, § 582(a)(1), substituted “standardize, enhance,” for “enhance”.
Subsec. (c)(1). Puspan. L. 116–283, § 582(a)(2), inserted “and standard” after “comprehensive”.
Subsec. (d)(1). Puspan. L. 116–283, § 582(a)(3)(A), substituted “regularly update” for “update from time to time”.
Subsec. (d)(3)(C) to (E). Puspan. L. 116–283, § 582(a)(3)(B), added subpars. (C) to (E).
Subsec. (d)(4)(F). Puspan. L. 116–283, § 582(a)(3)(C)(i), substituted “by an appropriate office of an individualized services plan (whether medical, educational, or both)” for “of an individualized services plan (medical and educational)”.
Subsec. (d)(4)(H), (I). Puspan. 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). Puspan. L. 116–283, § 704(c), added subpar. (C) and redesignated former subpar. (C) as (D).
2016—Puspan. L. 114–328, § 933(span)(5)(A), substituted “Office of Special Needs” for “Office of Community Support for Military Families With Special Needs” in section catchline.
Subsec. (a). Puspan. L. 114–328, § 933(span)(2), substituted “Office of Military Family Readiness Policy” for “Office of the Under Secretary of Defense for Personnel and Readiness”.
Puspan. L. 114–328, § 933(span)(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). Puspan. L. 114–328, § 933(span)(3), (4)(A)–(C), redesignated 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 Senior Executive Service or a general officer or flag officer.
“(2) In the discharge of the responsibilities of the Office, the Director shall be subject to the supervision, direction, and control of the Under Secretary of Defense for Personnel and Readiness.”
Subsec. (d). Puspan. L. 114–328, § 933(span)(4)(A), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
Subsec. (e). Puspan. L. 114–328, § 933(span)(4)(A), (B), redesignated subsec. (f) as (e) and substituted “subsection (d)” for “subsection (e)” in par. (3)(A). Former subsec. (e) redesignated (d).
Subsec. (f). Puspan. L. 114–328, § 933(span)(4)(A), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).
Subsec. (g). Puspan. L. 114–328, § 933(span)(4)(A), (D), redesignated subsec. (h) as (g) and substituted “subsection (c)(3)” for “subsection (d)(3)” in par. (2)(A) and “subsection (c)(4)” for “subsection (d)(4)” in par. (2)(B). Former subsec. (g) redesignated (f).
Subsecs. (h), (i). Puspan. L. 114–328, § 933(span)(4)(A), redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g).
2011—Subsec. (c). Puspan. 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 Secretary 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 Defense for Personnel and Readiness in the discharge of the responsibilities of the Office, and shall report directly to the Under Secretary regarding the discharge of such responsibilities.”
Subsec. (d)(7), (8). Puspan. L. 111–383, § 582(span), added par. (7) and redesignated former par. (7) as (8).
Subsec. (h)(1). Puspan. L. 111–383, § 1075(span)(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 RequirementsFor termination, effective Dec. 31, 2021, of provisions in subsec. (g) of this section requiring submittal of annual report to Congress, see section 1061 of Puspan. L. 114–328, set out as a note under section 111 of this title.
Improvements to Exceptional Family Member ProgramPuspan. L. 117–81, div. A, title V, § 562(span)–(d), Dec. 27, 2021, 135 Stat. 1747, provided that:“(span)Relocation.—The Secretary of the military department concerned may, if such Secretary determines it feasible, permit a covered member who receives permanent change of station orders to elect, not later than 14 days after such receipt, from at least two locations that provide support for the dependent of such covered member with a special need.
“(c)Family Member Medical Summary.—The Secretary of a military department, in coordination with the Director of the Defense Health Agency, shall require that a family member medical summary, completed by a licensed and credentialed medical provider, is accessible in the electronic health record of the Department of Defense for subsequent review by a licensed 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.”
Puspan. L. 116–283, div. A, title V, § 582(span)–(e), Jan. 1, 2021, 134 Stat. 3652, 3653, provided that:“(span)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 include 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 program, special needs education programs, and installation-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 enrolled in the EFMP.
“(6) Performance metrics for measuring, across the Department and with respect to each military department, the following:“(A) Assignment coordination and support for military families with special needs, including a systematic process for evaluating each military department’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 support they are provided.
“(7) A requirement that the Secretary of each military department provide legal services by an attorney, trained in education law, at each military installation—“(A) the Secretary determines is a primary receiving installation for military families with special 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 program and a family separation allowance, if otherwise authorized, if—“(A) the covered member receives a new permanent 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 families 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 departments, shall develop an EFMP case management model, including the following:“(1) A single EFMP office, located at the headquarters of each covered Armed Force, to oversee implementation 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 (span)(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 NeedsPuspan. 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 department shall collect and maintain information on special education disputes filed by members of the Armed Forces under the jurisdiction of such Secretary.
“(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 collected 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 appropriate.
“(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 Defense a report on the information collected by such Secretary under this subsection during the preceding year.
“(span)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 agencies with schools that serve military dependent students 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 Authorization 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 dependent 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. 7703span). “(C) The efficacy of attorneys and other legal support for military families in special education disputes.
“(E) Whether, and to what extent, policies and guidance for School Liaison Officers are standardized between the Office of Special Needs of the Department of Defense and the military departments, and the efficacy of such policies and guidance.
“(F) The improvements made to family support programs of the Office of Special Needs, and of each military department, in light of the recommendations of the Comptroller General in the report titled ‘DOD Should Improve Its Oversight of the Exceptional 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 Department of Defense to monitor and enforce the compliance of local educational agencies with requirements for the provision of a free appropriate public education to military dependent students with special 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 students 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 Elementary 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 NeedsPuspan. L. 111–84, div. A, title V, § 563(span), 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 personnel 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 individuals with special needs.
“(ii) Evidence-based therapeutic and medical services for members of military families with special needs, including research in conjunction with non-Department of Defense entities such as the National Institutes of Health.
“(E) In providing vocational education and training for adolescent and adult members of military families with special needs.
“(F) In carrying out other initiatives to contribute to improved support for military families with special needs.
“(3)Department of defense funding.—The Secretary may provide the foundation such financial support as the Secretary considers appropriate, including the provision to the foundation of appropriated funds and non-appropriated funds available to the Department of Defense.
“(4)Annual report.—The foundation shall submit to the Secretary, and to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], 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 following:“(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 special needs’ has the meaning given such term in section 1781c(i) of title 10, United States Code (as added by subsection (a)).”
Military Department Support for Local Centers To Assist Military Children With Special NeedsPuspan. L. 111–84, div. A, title V, § 563(c), as added Puspan. 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 jurisdiction of such Secretary to coordinate and provide medical and educational services for children with special needs of members of the Armed Forces who are assigned to such installations.”
Advisory Panel on Community Support for Military Families With Special NeedsPuspan. L. 111–84, div. A, title V, § 563(d), as added by Puspan. L. 111–383, div. A, title V, § 582(c)(2), Jan. 7, 2011, 124 Stat. 4227; amended by Puspan. 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 Defense, 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 regions;
“(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 Member 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 subsection (e) [now (d)] of section 1781c of title 10, United States Code, and on the discharge of the programs required 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 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 Director jointly determine appropriate.
“(4)Meetings.—The Director shall meet with the advisory 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 Director may meet with the panel through teleconferencing or by other electronic means.”
