II 118th CONGRESS 2d Session S. 3884 IN THE SENATE OF THE UNITED STATES March 6, 2024 Mrs. Gillibrand (for herself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish a grant pilot program to provide child care services for the minor children of law enforcement officers to accommodate the shift work and abnormal work hours of such officers, and to enhance recruitment and retention of such officers.

1. Short title This Act may be cited as the Providing Child Care for Police Officers Act of 2024 . 2. Child care grant program to support law enforcement (a) Establishment The Secretary of Health and Human Services shall establish a program to award grants to States, on a competitive basis, to assist States in providing funds to encourage the establishment and operation of child care programs to provide child care services for the minor children of law enforcement officers during the shift work and abnormal work hours of such officers. (b) Application To be eligible to receive a grant under this section, a State shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including an assurance that the funds required under subsection (f) will be provided. (c) Period of grant The Secretary shall award the grant for a period of 3 years. (d) Set-Aside Of the amount appropriated to carry out this Act for a fiscal year, not less than 20 percent shall be used to award grants under subsection (a) to States to provide funds to— (1) a law enforcement agency that employs fewer than 200 full-time law enforcement officers; or (2) a consortium comprised of law enforcement agencies, one of which employs fewer than 200 such officers. (e) Use of funds (1) In general A State shall use a grant awarded under this section to provide funds to covered entities located in the State to enable the covered entities to establish and operate child care programs (directly or by contract with child care providers). Such funds may be used by the covered entity or (through such a contract) child care provider to provide assistance that may include— (A) technical assistance in the establishment of a child care program; (B) assistance for the startup costs related to a child care program; (C) assistance for the training of child care providers; (D) assistance for law enforcement agencies to provide scholarships for families; (E) assistance for the provision of services to care for sick children or to provide care to school-age children; (F) assistance through contracts entered into by law enforcement agencies with local child care resource and referral organizations or local health departments; (G) assistance for care for children with disabilities; (H) assistance to maintain nonstandard hours for expanded hours of child care; (I) assistance for payment of expenses for construction, renovation, or operation of a child care facility; or (J) assistance for any other relevant activity determined appropriate by the State. (2) Application In order for a covered entity to be eligible to receive funds from a State under this section, the covered entity or, if the entity is a consortium including a unit of local government, the unit of local government involved shall prepare and submit to the State an application at such time, in such manner, and containing such information as the State may require. (3) Limitations With respect to grant funds received under this section, a State may not provide in excess of $3,000,000 from such funds to any single applicant. (f) Matching requirement To be eligible to receive a grant under this section, a State shall provide assurances to the Secretary that, with respect to the costs to be incurred by a covered entity receiving funds in carrying out activities under this section, the covered entity will make available (directly or through donations from public or private entities) non-Federal contributions for such costs in an amount equal to— (1) for the first fiscal year for which the covered entity receives such funds, not less than 10 percent of such costs; (2) for the second fiscal year for which the covered entity receives such funds, not less than 25 percent of such costs; and (3) for the third fiscal year for which the covered entity receives such funds, not less than 33 2/3 percent of such costs. (g) Requirements of providers To be eligible to receive assistance under a grant awarded under this section, a child care provider— (1) who receives assistance through a State shall provide an assurance that the provider will comply with all applicable State and local licensing and regulatory requirements and all applicable health and safety standards in effect in the State; (2) who receives assistance through an Indian Tribe or Tribal organization shall provide an assurance that the provider will comply with all applicable regulatory standards; and (3) shall establish and present a safety plan for the child care facility involved. (h) Administration (1) State responsibility A State shall have responsibility for administering a grant awarded for the State under this section and for monitoring covered entities, and child care providers, that receive funds under such grant. (2) Audits A State shall require each covered entity receiving funds under the grant awarded under this section, and any child care provider receiving funds through the covered entity, to conduct an annual audit with respect to the activities of the covered entity and the child care provider. Such audits shall be submitted to the State. (3) Misuse of funds (A) Repayment If the State determines, through an audit or otherwise, that a covered entity or child care provider receiving funds under a grant awarded under this section has misused the funds, the State shall notify the Secretary of the misuse. The Secretary, upon such a notification, may seek from such a covered entity or child care provider the repayment of an amount equal to the amount of any such misused funds plus interest. (B) Appeals process The Secretary shall by regulation provide for an appeals process with respect to repayments under this paragraph. (4) 2-year study (A) In general Not later than 2 years after the date on which the Secretary first awards grants under this section, the Secretary shall conduct a study to determine— (i) the capacity of covered entities, and child care providers receiving funds through such a grant, to meet the child care needs of communities within States; (ii) the kinds of consortia that are being formed with respect to child care at the local level to carry out programs funded under this section; and (iii) who is using the programs funded under this section and the income levels of such individuals. (B) Report Not later than 28 months after the date on which the Secretary first awards grants under this section, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the results of the study conducted in accordance with subparagraph (A). (5) Four-year study (A) In general Not later than 4 years after the date on which the Secretary first awards grants under this section, the Secretary shall conduct a study to determine— (i) the number of child care facilities that— (I) receive funds for construction or renovation through covered entities that received funds through a grant awarded under this section; and (II) remain in operation; and (ii) the extent to which such facilities are meeting the child care needs of the individuals served by such facilities. (B) Report Not later than 52 months after the date on which the Secretary first awards grants under this section, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the results of the study conducted in accordance with subparagraph (A). (i) Definitions In this section: (1) Consortium The term consortium means a partnership that includes one or more law enforcement agencies and may also include a unit of local government, a child care provider, or a foundation. (2) Covered entity The term covered entity means a law enforcement agency or a consortium. (3) Indian community The term Indian community means a community served by an Indian Tribe or Tribal organization. (4) Indian tribe; tribal organization The terms Indian Tribe and Tribal organization have the meanings given the terms Indian tribe and tribal organization respectively, in section 658P of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n ). (5) Law enforcement officer The term law enforcement officer has the meaning given such term in section 2503 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10533 ). (6) Law enforcement agency The term law enforcement agency means a government agency with criminal or civil law enforcement powers. (7) State The term State has the meaning given the term in section 658P of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n ). (j) Application to indian tribes and tribal organizations In this section: (1) In general Except as provided in subsection (g)(1), and in paragraphs (2) and (3), the term State includes an Indian Tribe or Tribal organization. (2) Geographic references The term State includes an Indian community in subsections (e)(1) (the second place the term appears), (g)(1) (the third place the term appears), and (h)(4)(A)(i). (3) State-level activities The term State-level activities includes activities at the Tribal level. (k) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section, $24,000,000 for each of fiscal years 2025 through 2029. (2) Studies and administration With respect to the total amount appropriated for the period of fiscal years 2025 through 2029 in accordance with this subsection, not more than $2,500,000 of that amount may be used for expenditures related to conducting studies required under, and the administration of, this section. (l) Termination of program The program established under subsection (a) shall terminate on September 30, 2029.