II 118th CONGRESS 1st Session S. 976 IN THE SENATE OF THE UNITED STATES March 27, 2023 Mr. Young (for himself and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish and expand child care programs for parents who work nontraditional hours, and for other purposes.

1. Short title This Act may be cited as the After Hours Child Care Act . 2. Child Care and Development Innovation Fund (a) Establishment The Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9857 et seq. ) is amended— (1) by redesignating section 658P as section 658T, and moving that section 658T to follow section 658S; and (2) by adding at the end the following: 658U. Child Care and Development Innovation Fund (a) Purpose The 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) Definitions In this section: (1) Child care program The term child care program means the child care activities of an eligible child care provider. (2) Nontraditional work hours The 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) Secretary The term Secretary means the Secretary of Health and Human Services. (4) State educational agency; local educational agency 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. ). (c) General authority (1) Grants 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— (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) Duration The Secretary shall award the grant for a period of 5 years. A grant awarded under this section may not be renewed. (3) Amount The Secretary shall award the grant in an amount of not less than $25,000 and not more than $500,000. (d) Eligible entities To 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) Application 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. (f) Use of funds An 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) Match The non-Federal share of the cost described in subsection (c)(1) shall be 25 percent. (h) Report 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. (i) Relationship to other requirements 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. (j) Authorization There is authorized to be appropriated to carry out this section $10,000,000 for the period of fiscal years 2024 through 2028. . (b) Conforming amendments (1) Application provisions Section 658E(c)(2) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c(c)(2) ) is amended— (A) in subparagraph (A)(i)(II), by striking 658P(2) and inserting 658T(2) ; and (B) in subparagraph (K)(i)(IV), by striking 658P(6)(B) and inserting 658T(6)(B) . (2) Report provisions Section 658K(a)(2) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858i(a)(2) ) is amended— (A) in subparagraph (A), by striking 658P(6) and inserting 658T(6) ; and (B) in subparagraph (F), by striking 658P(6)(B) and inserting 658T(6)(B) .