II 

116TH CONGRESS 

2D SESSION S. 3808 

To improve the affordability and accessibility of child care for military 

families, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2020 

Mr. BLUMENTHAL (for himself and Mr. KAINE) introduced the following bill; 

which was read twice and referred to the Committee on Armed Services 

A BILL 

To improve the affordability and accessibility of child care 

for military families, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Child Care Afford5 ability and Accessibility for Military Families Act’’. 

6 SEC. 2. MILITARY CHILD CARE AND CHILD DEVELOPMENT 

7 CENTER MATTERS. 

8 (a) CENTER FEES MATTERS.—Section 1793 of title 

9 10, United States Code, is amended by adding at the end 

10 the following new subsections: 


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1 ‘‘(c) EXCLUSION OF BAH FROM FAMILY INCOME IN

2 CALCULATION OF FEES FOR CERTAIN MEMBERS.— 

3 ‘‘(1) IN GENERAL.—In providing for the cal4 culation of fees charged under this section for a par5 ent who is member of the armed forces on active 

6 duty in a grade specified in paragraph (2), the regu7 lations prescribed pursuant to subsection (a) shall 

8 exclude from the family income of the family con9 cerned any basic allowance for housing (BAH) paid 

10 to such parent under section 403 of title 37. 

11 ‘‘(2) GRADES.—The grades specified in this 

12 paragraph are as follows: 

13 ‘‘(A) Officer grades O–1 and O–2. 

14 ‘‘(B) Warrant officer grades W–1 and W– 

15 2. 

16 ‘‘(C) Enlisted grades E–1 through E–5. 

17 ‘‘(d) LIBERAL ISSUANCE OF HARDSHIP WAIVERS.— 

18 The regulations prescribed pursuant to subsection (a) 

19 shall require that installation commanders issue waivers 

20 of fees otherwise established under the regulations for in21 ability to pay (commonly referred to as ‘hardship waivers’) 

22 on a liberal basis in a manner consistent (as specified by 

23 the Secretary in such regulations) with ensuring that fees 

24 collected pursuant to subsection (a) meet the operating ex25 penses of the child development centers concerned. 


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1 ‘‘(e) FAMILY DISCOUNT.—In the case of a family 

2 with two or more children attending a child development 

3 center, the regulations prescribed pursuant to subsection 

4 (a) shall require that installations commanders charge a 

5 fee for attendance at the center of any child of the family 

6 after the first child of the family in amount equal to 85 

7 percent of the amount of the fee otherwise chargeable for 

8 the attendance of such child at the center.’’. 

9 (b) CHILD CARE FEE ASSISTANCE PROGRAMS

10 THROUGHOUT THE ARMED FORCES.— 

11 (1) PROGRAMS REQUIRED.—Each Secretary of 

12 a military department shall carry out a program for 

13 each Armed Force under the jurisdiction of such 

14 Secretary under which a member of the Armed 

15 Forces who is obtaining child care services from a 

16 civilian child care services provider located off a mili17 tary installation is paid (subject to any limitation es18 tablished by such Secretary) a monthly amount 

19 equal to the amount, if any, by which— 

20 (A) the monthly amount charged by such 

21 provider for such services; exceeds 

22 (B) the monthly amount the military de23 partment concerned pays or otherwise provides 

24 members at such installation for child care serv25 ices on such installation. 


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1 (2) MODEL.—The programs carried out pursu2 ant to paragraph (1) shall be modeled after the 

3 Army Fee Assistance Program, and incorporate such 

4 modifications to that Program as the Secretary of 

5 the military department concerned considers appro6 priate. 

7 (3) SECRETARY OF DEFENSE APPROVAL.—Any 

8 program of an Armed Force under paragraph (1) 

9 shall be subject to the approval of the Secretary of 

10 Defense. 

11 (c) ADDITIONAL ACTIONS TO OBTAIN QUALIFIED

12 CHILD CARE EMPLOYEES.— 

13 (1) IN GENERAL.—Section 1792 of title 10, 

14 United States Code, is amended— 

15 (A) by redesignating subsection (d) as sub16 section (e); and 

17 (B) by inserting after subsection (c) the 

18 following new subsection (d): 

19 ‘‘(d) ADDITIONAL ACTIONS TO OBTAIN QUALIFIED

20 EMPLOYEES.—Each Secretary of a military department 

21 may, with the approval of the Secretary of Defense, take 

22 actions in addition to actions authorized by subsection (c) 

23 to provide military child development centers under the 

24 jurisdiction of such Secretary with a qualified and stable 

25 civilian workforce, including actions as follows: 


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1 ‘‘(1) Enhanced marketing and recruitment for 

2 employment. 

3 ‘‘(2) Provision to employees of education-related 

4 benefits, including tuition assistance and student 

5 loan repayment programs. 

6 ‘‘(3) Availability and enhancement of wellness 

7 and physical fitness programs for employees. 

8 ‘‘(4) Provision of such other competitive bene9 fits as the Secretary of the military department and 

10 the Secretary of Defense jointly consider appro11 priate.’’. 

12 (2) REPORTS ON INSTALLATIONS WITH EX13 TREME IMBALANCE BETWEEN DEMAND FOR AND

14 AVAILABILITY OF CHILD CARE.—Not later than one 

15 year after the date of the enactment of this Act, 

16 each Secretary of a military department shall submit 

17 to Congress a report on the military installations 

18 under the jurisdiction of such Secretary with an ex19 treme imbalance between demand for child care and 

20 availability of child care. Each report shall include, 

21 for the military department covered by such report, 

22 the following: 

23 (A) The name of the five installations of 

24 the military department experiencing the most 


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1 extreme imbalance between demand for child 

2 care and availability of child care. 

3 (B) For each installation named pursuant 

4 to subparagraph (A), the following: 

5 (i) An assessment whether civilian em6 ployees at child development centers at 

7 such installation have rates of pay and 

8 benefits that are competitive with other ci9 vilian employees on such installation and 

10 with the civilian labor pool in the vicinity 

11 of such installation. 

12 (ii) A description and assessment of 

13 various incentives to encourage military 

14 spouses to become providers under the 

15 Family Child Care program at such instal16 lation. 

17 (iii) Such recommendations at the 

18 Secretary of the military department con19 cerned considers appropriate to address 

20 the imbalance between demand for child 

21 care and availability of child care at such 

22 installation, including recommendations to 

23 enhance the competitiveness of civilian 

24 child care positions at such installation 

25 with other civilian positions at such instalVerDate Sep 11 2014 10:59 Jun 14, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3808.IS S3808

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1 lation and the civilian labor pool in the vi2 cinity of such installation. 

3 (d) MILITARY MEDICAL TREATMENT FACILITY

4 AGREEMENTS FOR HOURLY CHILD CARE FOR MEMBERS

5 AND SPOUSES DURING MEDICAL APPOINTMENTS.— 

6 (1) IN GENERAL.—The commander or head of 

7 each military medical treatment facility shall seek to 

8 enter into an agreement with one or more entities 

9 described in paragraph (2) in the vicinity of such fa10 cility that provide child care services under which 

11 agreement members of the Armed Forces and their 

12 spouses who are attending an appointment at such 

13 facility for medical or mental health care services 

14 may obtain child care services for their children on 

15 a hourly basis while attending such appointments. 

16 (2) ENTITIES.—The entities described in this 

17 paragraph are the following: 

18 (A) Appropriate non-profit organizations 

19 (such as the Armed Services YMCA). 

20 (B) Private sector child development cen21 ters. 

22 (C) Such other entities as the Secretary of 

23 Defense considers appropriate for purposes of 

24 this subsection. 

Æ 


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