10 U.S.C. § 1788a

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 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 Operations Command may conduct programs to provide 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 Readiness.

(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 readiness of special operations forces, but that are not being provided by the Secretary of a military 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 Program 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[(d) Repealed.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 Commander of the United States Special Operations 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 identified as special operations forces under section 167(j) of this title.

(4) The term "family support services" includes psychological support, spiritual support, and costs of transportation, food, lodging, child care, supplies, fees, and training materials for covered individuals while participating in programs under subsection (a).

(5) The term "covered individuals" means-

(A) members of the Armed Forces (including the reserve components) assigned to special operations forces;

(B) service personnel assigned to support special operations forces;

(C) immediate family members of individuals described in subparagraphs (A) and (B); and

(D) immediate family members of individuals 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.

10 U.S.C. § 1788a

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

CODIFICATIONText of section, as added by Pub. L. 115-91, is based on text of subsecs. (a), (b), (d), and (e) of section 554 of 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.

AMENDMENTS2021- Pub. L. 116-283, §583(a)(1), substituted "Support programs: special operations forces personnel; immediate family members" for "Family support programs: immediate family members of members of special operations 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 members of members of the armed forces assigned to special operations forces". Subsec. (d)(2)(A). Pub. L. 116-283, §583(a)(4)(A), substituted "covered individuals" for "family members of members of the armed forces assigned to special operations forces". Subsec. (d)(2)(B). Pub. L. 116-283, §583(a)(4)(B), substituted "covered individuals" for "family members of members of the armed forces assigned to special operations forces".Subsec. (e)(3). Pub. L. 117-81, §1081(a) (24)(A), substituted "section 167(j)" for "section 167(i)".Subsec. (e)(4). Pub. L. 117-81, §1081(a) (24)(B), substituted "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 Coordination of Amendments by Pub. L. 117-81 note below. Pub. L. 116-283, §583(a)(5)(A), (B), inserted "psychological support, spiritual support, and" before "costs" and substituted "covered personnel" for "immediate family members of members of the armed forces assigned to special operations forces".Subsec. (e)(5). Pub. L. 117-81, §1081(a) (24)(C), substituted "'covered individuals'" for "'covered personnel'". 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 Coordination of Amendments by Pub. L. 117-81 note below. Pub. L. 116-283, §583(a)(5)(C), which directed amendment 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 regarding 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), substituted "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" before "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 available 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. 117-81Amendment 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 Coordination of Certain Sections of an Act With Other Provisions of That Act note under section 101 of this title.

includes: "includes" means "includes but is not limited to"; and
armed forces: The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
supplies: The term "supplies" includes material, equipment, and stores of all kinds.