### §2927. Child care subsidy program

(a) In General.—

(1) Authority.—The Commandant may operate a child care subsidy program to provide financial assistance to eligible providers that provide child care services or youth program services to members of the Coast Guard, members of the Coast Guard with dependents who are participating in the child care subsidy program, and any other individual the Commandant considers appropriate, if—

(A) providing such financial assistance—

(i) is in the best interests of the Coast Guard; and

(ii) enables supplementation or expansion of the provision of Coast Guard child care services, while not supplanting or replacing Coast Guard child care services; and

(B) the Commandant ensures, to the extent practicable, that the eligible provider is able to comply, and does comply, with the regulations, policies, and standards applicable to Coast Guard child care services.

(2) Eligible providers.—A provider of child care services or youth program services is eligible for financial assistance under this section if the provider—

(A) is licensed to provide such services under applicable State and local law or meets all applicable State and local health and safety requirements if licensure is not required;

(B) is either—

(i) is 1 a family home daycare; or

(ii) is 1 a provider of family child care services that—

(I) otherwise provides federally funded or federally sponsored child development services;

(II) provides such services in a child development center owned and operated by a private, not-for-profit organization;

(III) provides a before-school or after-school child care program in a public school facility;

(IV) conducts an otherwise federally funded or federally sponsored school-age child care or youth services program; or

(V) conducts a school-age child care or youth services program operated by a not-for-profit organization; or

(C) is a provider of another category of child care services or youth program services the Commandant considers appropriate for meeting the needs of members or civilian employees of the Coast Guard.

(3) Financial assistance for in-home child care.—

(A) In general.—The Commandant may provide financial assistance to members of the Coast Guard who pay for services provided by in-home child care providers.

(B) Requirements.—In carrying out such program, the Commandant shall establish a policy and procedures to—

(i) support the needs of families who request services provided by in-home childcare providers;

(ii) provide the appropriate amount of financial assistance to provide to families described in paragraph, that is at minimum consistent with the program authorized in subsection (a)(1); and

(iii) ensure the appropriate qualifications for such in-home child care provider, which shall at minimum—

(I) take into consideration qualifications for available in-home child care providers in the private sector; and

(II) ensure that the qualifications the Commandant determines appropriate under this paragraph are comparable to the qualifications for a provider of child care services in a Coast Guard child development center or family home day care.

(b) Direct Payment.—

(1) In general.—In carrying out a child care subsidy program under subsection (a)(1), subject to paragraph (3), the Commandant shall provide financial assistance under the program to an eligible member or individual the Commandant considers appropriate by direct payment to such eligible member or individual through monthly pay, direct deposit, or other direct form of payment.

(2) Policy.—Not later than 180 days after the date of the enactment of this section, the Commandant shall establish a policy to provide direct payment as described in paragraph (1).

(3) Eligible provider funding continuation.—With the approval of an eligible member or an individual the Commandant considers appropriate, which shall include the written consent of such member or individual, the Commandant may continue to provide financial assistance under the child care subsidy program directly to an eligible provider on behalf of such member or individual.

(4) Rule of construction.—Nothing in this subsection may be construed to affect any preexisting reimbursement arrangement between the Coast Guard and a qualified provider.

(Added Pub. L. 117–263, div. K, title CXIV, §11401(c)(1)(A), Dec. 23, 2022, 136 Stat. 4106.)

#### **Editorial Notes**

#### References in Text

The date of the enactment of this section, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 117–263, which was approved Dec. 23, 2022.

#### **Statutory Notes and Related Subsidiaries**

#### Expansion of Child Care Subsidy Program

Pub. L. 117–263, div. K, title CXIV, §11401(c)(2), Dec. 23, 2022, 136 Stat. 4108, provided that:

"(A) In general.—The Commandant [of the Coast Guard] shall—

"(i) evaluate potential eligible uses for the child care subsidy program established under section 2927 of title 14, United States Code (referred to in this paragraph as the 'program');

"(ii) expand the eligible uses of funds for the program to accommodate the child care needs of members of the Coast Guard (including such members with nonstandard work hours and surge or other deployment cycles), including in-home care as described in section 2927(a)(3) of title 14, United States Code, and including by providing funds directly to such members instead of care providers; and

"(iii) streamline enrollment policies, practices, paperwork, and requirements for eligible child care providers to reduce barriers for members to enroll in such providers.

"(B) Considerations.—In evaluating potential eligible uses under subparagraph (A), the Commandant shall consider in-home child care services, care services such as supplemental care for children with disabilities, and any other child care delivery method the Commandant considers appropriate.

"(C) Requirements.—In establishing expanded eligible uses of funds for the program, the Commandant shall ensure that such uses—

"(i) are in the best interests of the Coast Guard;

"(ii) provide flexibility for members of the Coast Guard, including such members and employees with nonstandard work hours; and

"(iii) ensure a safe environment for dependents of such members and employees.

"(D) Publication.—Not later than 18 months after the date of the enactment of this Act [Dec. 23, 2022], the Commandant shall publish an updated Commandant Instruction Manual (referred to in this paragraph as the 'manual') that describes the expanded eligible uses of the program.

"(E) Report.—

"(i) In general.—Not later than 18 months after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report outlining the expansion of the program.

"(ii) Elements.—The report required by clause (i) shall include the following:

"(I) An analysis of the considerations described in subparagraph (B).

"(II) A description of the analysis used to identify eligible uses that were evaluated and incorporated into the manual under subparagraph (D).

"(III) A full analysis and justification with respect to the forms of care that were ultimately not included in the manual.

"(IV) Any recommendation with respect to funding or additional authorities necessary, including proposals for legislative change, to meet the current and anticipated future child care subsidy demands of the Coast Guard.

"(V) A description of the steps taken to streamline enrollment policies, practices, and requirements for eligible child care providers in accordance with paragraph (2)(A)(iii)."

1 So in original. The word "is" probably should not appear.