FY2024 NDAA: Military Child Care Programs

FY2024 NDAA: Military Child Care Programs

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INSIGHTi

FY2024 NDAA: Military Child Care Programs
Updated January 2, 2024
Background
The Department of Defense (DOD) operates the largest employer-sponsored child care program in the
United States, serving approximately 200,000 children of servicemembers and DOD civilians. DOD’s
child development programs (CDPs) are part of a broader package of quality of life benefits for
servicemembers and their families. DOD’s policy states that these programs “support the mission
readiness, family readiness, retention, and morale of the total force.”
Legislation
The past few Congresses have enacted several provisions within the National Defense Authorization Act
(NDAA) to enhance military child care services and address staffing and infrastructure issues. During
consideration of the fiscal year (FY) 2024 NDAA (P.L. 118-31) which was enacted on December 22,
2023, the House and Senate Armed Services Committees (HASC and SASC) proposed several
amendments to the child care program (see Table 1).
Table 1. Selected NDAA Child Care Provisions in the FY2024 NDAA
House (H.R. 2670)
Senate (S. 2226)
Enacted (P.L. 118-31)
Funding

Section 641 proposed to increase the
No similar provision.
Section 582 adopted the House
target level of appropriated funds
provision.
available for CDPs.
Fee Assistance Program

Section 644 proposed to expand the
No similar provision.
Not adopted.
in-home child care pilot program to
four specific installations.
Staffing and Capacity Matters

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House (H.R. 2670)
Senate (S. 2226)
Enacted (P.L. 118-31)
Section 642 proposed to require
No similar provision.
Not adopted.
recurring review and revision of pay
for military child care employees.
Section 643 proposed to provide
No similar provision.
Not adopted.
discounted child care for DOD child
care employees.
No similar provision.
Section 561 proposed to authorize a
Not adopted.
pilot program for recruitment and
retention of CDP employees.
Section 645 proposed to require
No similar provision.
Section 585 adopted the House
DOD to publish and maintain a
provision with amendments requiring
website for waitlists for child care
an outreach campaign regarding
services at military child development
waitlists to families and annual
centers.
briefings to Congress.
Section 656 proposed to require
No similar provision.
Section 587 adopted the House
DOD to provide quarterly briefings on
provision with an amendment that
the development of universal
requires briefings to continue until
prekindergarten (pre-k) and its impact
2027.
on co-located child development
centers.
Other Proposals

Section 646 proposed to require a
No similar provision.
Not adopted.
study on the effects of child care on
readiness and retention.
Source: CRS analysis of legislation on Congress.gov.
Funding
Appropriated and non-appropriated funds for military child care programs are authorized under 10 U.S.C.
§§1791 et seq. Funding supports the operation and maintenance of installation-based child development
centers (CDCs) and subsidizes care at CDCs, family child care homes (FCCs), community-based care,
and for in-home care providers (e.g., nannies). Non-appropriated funds are generated through parent fees
and Morale Welfare and Recreation (MWR) activities (e.g., military exchange revenues).
10 U.S.C. §1791 requires that, “the amount of appropriated funds available during a fiscal year for
operating expenses for military child development centers and programs shall be not less than the amount
of child care fee receipts that are estimated to be received […] during that fiscal year.” Section 582 of P.L.
118-31 adopted a House provision requiring an increase in appropriated funds to account for not less than
115% of fee receipts. DOD’s FY2024 total budget request for CDPs was approximately $1.8 billion, an
increase of about 10% over the FY2023 enacted amount.
Fee Assistance Program
DOD subsidizes private community-based child care through an existing fee assistance program. The
FY2021 NDAA (P.L. 116-283 §589(b)) required DOD to carry out a five-year pilot program expanding
fee assistance to in-home child care providers at five high-demand locations. The FY2022 NDAA (P.L.
117-81 §624) authorized further program expansion and the Joint Explanatory Statement (JES) to
accompany the FY2023 NDAA encouraged DOD to explore expansion of the pilot to additional “remote”
locations. Section 644 of the House bill would have required DOD to expand the pilot program, but was

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not enacted. The FY2024 NDAA conferees noted that the pilot program was “ongoing” and it would be
“imprudent” to alter it at this time.
Staffing and Capacity Matters
Provisions in recent NDAAs have sought to address staffing and capacity challenges at CDCs. The
FY2023 NDAA (P.L. 117-263 §642) authorized discounted fees for civilian CDC employees whose
children are enrolled in care “to support recruitment and retention initiatives.” Section 643 of the House
bill would have allowed free care for the employee’s first child, and up to a 50% discount on the second
child’s fees. This provision was not adopted and the conferees note that DOD already has the authority to
set discount rates up to 100%.
10 U.S.C. §1792 requires CDC employees to receive competitive pay rates relative to other military
installation employees with similar training and experience, but does not require consideration of local
market conditions for similar employment. Section 561 of S. 2225 would have authorized a three-year
pilot program at five or more installations to provide child care employees with “a fair and competitive
wage in keeping with market conditions.” The FY2023 NDAA (P.L. 117-263 §665) required, by
December 23, 2023, that DOD report to Congress on market conditions for child care worker
compensation in the vicinity of military installations with CDCs. The conferees did not adopt the pilot
program proposed by Section 561, noting that it would be “premature prior to the release of the
Department’s review.”
CDC capacity may be limited by a variety of factors, including staffing, space, and local demand. DOD
operates an enterprise-wide child care request system (MilitaryChildCare.com) and uses this system to
manage waitlists. Some observers have called for a more transparent mechanism for waitlist management
to support military family child care planning. Section 585 of the enacted FY2024 NDAA modified a
House provision requiring DOD to conduct a twice-annual outreach campaign to inform those eligible for
DOD-sponsored child care of waitlist processes, fee schedules at CDCs, and other available child care
support options. This section also requires annual reports to Congress on the five installations with the
longest CDC waiting lists, and information about the number of child care classroom closures due to
staffing or maintenance issues.
Another initiative that could affect CDC capacity is the Biden Administration’s proposal to provide
universal pre-kindergarten at DOD schools. As of June 22, 2023, the DOD Education Activity (DODEA)
reports 2,191 students enrolled in pre-kindergarten programs at 159 DOD schools, primarily in the
continental United States and Guam. Expansion of pre-k programs to all DOD schools could alleviate
some child care demand. Section 587 of the enacted FY2024 NDAA requires DOD to provide quarterly
briefings to Congress on the implementation of universal pre-k programs at DOD schools starting in 2024
through 2027. Briefings are to include estimates of the number of children served in pre-k who would
otherwise be enrolled in CDC care, and the differential costs between CDC care and pre-k participation,
among other related topics.
Other Proposals
A 2023 GAO study concluded that little research exists on the effects of the DOD child care program on
servicemembers. Section 646 of the House bill would have required DOD to commission a study on the
effects of military child care programs on readiness and retention. This provision was not enacted.
For additional background, see CRS Report R45288, Military Child Development Program: Background
and Issues.

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Author Information

Kristy N. Kamarck

Specialist in Military Manpower

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