Editorial Notes

Amendments

2023—Subsec. (b)(3). Pub. L. 118–31, §1722(k)(2)(A), substituted "military families of members of the regular components, the reserve components, and the Space Force" for "military families of members of the regular 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 components, members of the reserve components, and members of the Space Force" for "military families of members 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 congressional defense committees a report on the plans required under subsection (a) for the five-fiscal year period beginning with the fiscal year in which the report is submitted. Each report shall include the plans covered 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 thereafter".

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:

"(a) Policy.—Not later than December 1, 2022, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a uniform policy for how to—

"(1) identify remote military installations; and

"(2) assess and manage challenges associated with remote military installations and military personnel assigned to remote locations.

"(b) Elements.—The policy under subsection (a) shall address the following:

"(1) Activities and facilities for the morale, welfare, and recreation of members of the Armed Forces.

"(2) Availability of housing, located on and off remote military installations.

"(3) Educational services for dependents of members of the Armed Forces, located on and off remote military installations.

"(4) Availability of health care.

"(5) Employment opportunities for military spouses.

"(6) Risks associated with having insufficient support services for members of the Armed Forces and their dependents.

"(c) Report.—Not later than March 1, 2023, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the policy under this section.

"(d) Military Installation Defined.—In this section, the term 'military installation' has the meaning given that term in section 2801 of title 10, United States Code."

Consideration of Certain Military Family Readiness Issues in Making Basing Decisions Associated With Certain Military Units and Major Headquarters

Pub. L. 116–283, div. B, title XXVIII, §2883, Jan. 1, 2021, 134 Stat. 4370, as amended by Pub. L. 117–263, div. B, title XXVIII, §2866, Dec. 23, 2022, 136 Stat. 3011, provided that:

"(a) Taking Into Consideration Military Family Readiness Issues.—In determining whether to proceed with any basing decision associated with a covered military unit or major headquarters in the United States after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of the military department concerned shall take into account, among such other factors as that Secretary considers appropriate, the military family readiness considerations specified in this section, including those military family readiness considerations specified pursuant to subsection (e).

"(b) Interstate Portability of Licensure and Certification Credentials.—With regard to the State in which an installation subject to a basing decision covered by subsection (a) is or will be located, the Secretary of the military department concerned shall take into account the extent to which the State—

"(1) has entered into reciprocity agreements to recognize and accept professional and occupational licensure and certification credentials granted by or in other States; or

"(2) allows for the transfer of such licenses and certifications granted by or in other States.

"(c) Housing.—With regard to the military housing area in which an installation subject to a basing decision covered by subsection (a) is or will be located, the Secretary of the military department concerned shall take into account the extent to which housing (including military family housing) that meets Department of Defense requirements is available and accessible to members of the Armed Forces through the private sector in such military housing area.

"(d) Health Care.—With regard to the community in which an installation subject to a basing decision covered by subsection (a) is or will be located, the Secretary of the military department concerned shall take into account the extent to which primary healthcare and specialty healthcare is available and accessible to dependents, including dependents with disabilities, of members of the Armed Forces through the private sector in such local community.

"(e) Other Specified Considerations.—The Secretary of the military department concerned shall take into account such other considerations in connection with military family readiness as the Secretary of Defense shall specify for purposes of compliance with this section.

"(f) Savings Clause.—Nothing in this section shall be construed as requiring the Secretary of a military department to make a basing decision covered by subsection (a) that the Secretary determines would diminish military readiness or impede military mission for the purpose of military family readiness.

"(g) Analytical Framework.—The Secretary of the military department concerned shall take into account the considerations specified in this section, among such other factors as the Secretary considers appropriate, in determining whether to proceed with a basing decision covered by subsection (a) using an analytical framework developed by that Secretary that uses criteria based on—

"(1) quantitative data available within the Department of Defense; and

"(2) such reliable quantitative data from sources outside the Department as the Secretary considers appropriate.

"(h) Basing Decision Scorecard.—

"(1) Scorecard required.—The Secretary of the military department concerned shall establish a scorecard for military installations under the jurisdiction of such Secretary, and for States and localities in which such installations are or may be located, to facilitate taking into account the considerations specified in this section whenever that Secretary makes a basing decision covered by subsection (a).

"(2) Update.—The Secretary of the military department concerned shall update the scorecard established by that Secretary under this subsection not less frequently than once each year in order to keep the information in such scorecard as current as is practicable.

"(3) Availability.—

"(A) In general.—A current version of each scorecard established under this subsection shall be available to the public through an Internet website of the military department concerned.

"(B) Methodology and criteria.—

"(i) Availability.—Each Secretary of a military department shall publish on the website described in subparagraph (A) the methodology and criteria each time such Secretary establishes or updates a scorecard.

"(ii) Public comment.—Each Secretary of a military department shall establish a 60-day public comment period beginning on each date of publication of such methodology and criteria.

"(4) Coordination.—In establishing or updating a scorecard under this subsection, each Secretary of the military department concerned shall coordinate with the Secretary of Defense to ensure consistency across the military departments.

"(i) Briefings.—Not later than April 1 of each of 2021, 2022, and 2023, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on actions taken pursuant to this section, including a description and assessment of the effect of the taking into account of the considerations specified in this section on particular basing decisions in the United States during the one-year period ending on the date of the briefing.

"(j) Definitions.—In this section:

"(1) The term 'covered military unit' means a unit of the Armed Forces whose initial assignment to a military installation or relocation from a military installation to a different military installation requires the preparation of an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

"(2) The term 'major headquarters' means the headquarters of a unit of the Armed Forces or command that is the appropriate command of a general officer or flag officer."