S976-118

1. Short title This Act may be cited as the After Hours Child Care Act.

2. Child Care and Development Innovation Fund The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.) is amended— by redesignating section 658P as section 658T, and moving that section 658T to follow section 658S; and by adding at the end the following: The purpose of this section is to— improve child care access for parents working hours outside of traditional 9 to 5 work hours, such as parents working an evening, night, or weekend shift; and address the needs of working parents with young children, so that the parents are able to stay attached to the workforce, attain eligibility for promotions and salary increases, and amass savings. In this section: The term child care program means the child care activities of an eligible child care provider. The term nontraditional work hours means work hours at least 25 percent of which— are before 9 a.m. or after 5 p.m. on a weekday; are on a Saturday or Sunday; or are scheduled within 7 days before required attendance at work for those work hours. The term Secretary means the Secretary of Health and Human Services. The terms State educational agency and local educational agency have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.). Not later than 90 days after the date of enactment of the After Hours Child Care Act, the Secretary shall establish a pilot program, through which the Secretary shall award grants on a competitive basis to eligible entities to pay for the Federal share of the cost of— expanding capacity for an existing (as of January 1, 2024) child care program, including such a program of a family child care provider to serve families in which a parent is working nontraditional work hours; entering into an enrollment-based contract with— an eligible child care provider to serve such families; or a fiscal intermediary such as a staffed network of family child care providers, child care resource and referral organization, or entity operating a child care facilities fund for the services of multiple eligible child care providers to serve such families; planning activities, including conducting a needs assessment and outreach to existing eligible child care providers (existing on the date of the outreach); establishing an onsite child care program at a workplace to serve such families; expanding capacity for an onsite child care program at a workplace to serve such families; or establishing a child care program, including a program of a family child care provider with the primary goal of serving such families. The Secretary shall award the grant for a period of 5 years. A grant awarded under this section may not be renewed. The Secretary shall award the grant in an amount of not less than $25,000 and not more than $500,000. To be eligible to receive a grant under this section, an entity shall be— an eligible child care provider; or a partnership of— an eligible child care provider; and a lead agency, business, child care resource and referral organization, community development financial institution, staffed network of family child care providers, another intermediary with experience supporting child care providers, or another appropriate entity. To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. An entity that receives a grant under this section may use the grant funds for activities that may include— staffing the child care program involved; improving the child care facility and related equipment; establishing or improving the curriculum of the child care program; assisting eligible child care providers in meeting health and safety requirements, achieving licensure or registration as a child care provider, or improving quality; acquiring other items needed for the child care program; and providing training in the prevention of sudden infant death syndrome and safe sleep practices. The non-Federal share of the cost described in subsection (c)(1) shall be 25 percent. Not less often than every 2 years, the Secretary shall prepare and submit to Congress a report that includes information on the number of children served under this section, the employment status of their parents, general information to demonstrate the impact of activities carried out under grants under this section on child care availability, and other information relevant to the grants made under this section. None of the requirements of this subchapter, other than section 658T, shall apply to this section. No reference in this subchapter to this subchapter shall be considered to include this section. There is authorized to be appropriated to carry out this section $10,000,000 for the period of fiscal years 2024 through 2028. Section 658E(c)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)) is amended— in subparagraph (A)(i)(II), by striking 658P(2) and inserting 658T(2); and in subparagraph (K)(i)(IV), by striking 658P(6)(B) and inserting 658T(6)(B). Section 658K(a)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)(2)) is amended— in subparagraph (A), by striking 658P(6) and inserting 658T(6); and in subparagraph (F), by striking 658P(6)(B) and inserting 658T(6)(B). 658U.Child Care and Development Innovation Fund(a)PurposeThe purpose of this section is to—(1)improve child care access for parents working hours outside of traditional 9 to 5 work hours, such as parents working an evening, night, or weekend shift; and(2)address the needs of working parents with young children, so that the parents are able to stay attached to the workforce, attain eligibility for promotions and salary increases, and amass savings.(b)DefinitionsIn this section:(1)Child care programThe term child care program means the child care activities of an eligible child care provider.(2)Nontraditional work hoursThe term nontraditional work hours means work hours at least 25 percent of which—(A)are before 9 a.m. or after 5 p.m. on a weekday; (B)are on a Saturday or Sunday; or(C)are scheduled within 7 days before required attendance at work for those work hours.(3)SecretaryThe term Secretary means the Secretary of Health and Human Services.(4)State educational agency; local educational agencyThe terms State educational agency and local educational agency have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.).(c)General authority(1)GrantsNot later than 90 days after the date of enactment of the After Hours Child Care Act, the Secretary shall establish a pilot program, through which the Secretary shall award grants on a competitive basis to eligible entities to pay for the Federal share of the cost of—(A)expanding capacity for an existing (as of January 1, 2024) child care program, including such a program of a family child care provider to serve families in which a parent is working nontraditional work hours;(B)entering into an enrollment-based contract with—(i)an eligible child care provider to serve such families; or(ii)a fiscal intermediary such as a staffed network of family child care providers, child care resource and referral organization, or entity operating a child care facilities fund for the services of multiple eligible child care providers to serve such families;(C)planning activities, including conducting a needs assessment and outreach to existing eligible child care providers (existing on the date of the outreach);(D)establishing an onsite child care program at a workplace to serve such families;(E)expanding capacity for an onsite child care program at a workplace to serve such families; or(F)establishing a child care program, including a program of a family child care provider with the primary goal of serving such families.(2)DurationThe Secretary shall award the grant for a period of 5 years. A grant awarded under this section may not be renewed.(3)AmountThe Secretary shall award the grant in an amount of not less than $25,000 and not more than $500,000.(d)Eligible entitiesTo be eligible to receive a grant under this section, an entity shall be—(1)an eligible child care provider; or(2)a partnership of—(A)an eligible child care provider; and(B)a lead agency, business, child care resource and referral organization, community development financial institution, staffed network of family child care providers, another intermediary with experience supporting child care providers, or another appropriate entity.(e)ApplicationTo be eligible to receive a grant under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.(f)Use of fundsAn entity that receives a grant under this section may use the grant funds for activities that may include—(1)staffing the child care program involved;(2)improving the child care facility and related equipment;(3)establishing or improving the curriculum of the child care program; (4)assisting eligible child care providers in meeting health and safety requirements, achieving licensure or registration as a child care provider, or improving quality; (5)acquiring other items needed for the child care program; and(6)providing training in the prevention of sudden infant death syndrome and safe sleep practices.(g)MatchThe non-Federal share of the cost described in subsection (c)(1) shall be 25 percent. (h)ReportNot less often than every 2 years, the Secretary shall prepare and submit to Congress a report that includes information on the number of children served under this section, the employment status of their parents, general information to demonstrate the impact of activities carried out under grants under this section on child care availability, and other information relevant to the grants made under this section. (i)Relationship to other requirementsNone of the requirements of this subchapter, other than section 658T, shall apply to this section. No reference in this subchapter to this subchapter shall be considered to include this section. (j)AuthorizationThere is authorized to be appropriated to carry out this section $10,000,000 for the period of fiscal years 2024 through 2028..