Section 1. Short title

This Act may be cited as the Helping Ensure Reliable Opportunities in Child Care for Military Families Act or the HERO Child Care for Military Families Act.

Sec. 2. Expansion of eligible child care providers for Department of Defense programs

Sec. 3. Preclearance of child care employees at military child development centers

Section 1792a of title 10, United States Code, as added by section 2(b) of this Act, is further amended by adding at the end the following new subsection:

(b) Preclearance of child care employees at military child development centers

(1)

Not later than June 1, 2027, the Under Secretary of Defense for Personnel and Readiness shall prescribe regulations, including by revising Department of Defense Instruction 1402.05, relating to background checks on individuals in Department of Defense child care services programs, or any successor instruction, to provide for preclearance of individuals applying to be child care employees at military child development centers.

(2)

In prescribing regulations under paragraph (1), the Under Secretary shall—

(A)

specify a length of time, not to exceed one year, for the preclearance of an individual to be valid for purposes of employment at military child development centers; and

(B)

require annual reverification for a child care employee who received preclearance to be conducted not later than one year after the date of the preclearance of the individual.

(3)

Nothing in this subsection shall be construed—

(A)

to limit the ability of the Department of Defense to conduct, in accordance with regulations and policies of the Department, additional or more current or recent background checks on individuals who have received preclearance; or

(B)

to require the Department—

(i)

to hire an individual who received preclearance; or

(ii)

to provide any appeal or right of action to an individual who received preclearance and was not selected by the Department for an open position as a child care employee.

(4)

In this subsection, the term preclearance, with respect to an individual, means the individual obtains a background check, including a fingerprint check by the Federal Bureau of Investigation and a State Criminal History Repository check, and a health screening to be a child care employee at a military child development center, without regard to whether there is an open job for a child care employee at the time of the background check and screening are conducted.

Sec. 4. Authorization of job-sharing arrangements for child care employees

Section 1792a of title 10, United States Code, as amended by section 3 of this Act, is further amended by adding at the end the following new subsection:

(c) Authorization of job-Sharing arrangements for child care employees

(1)

Consistent with chapter 34 of title 5, and policies of the Department of Defense permitting part-time employment and job-sharing arrangements for civilian personnel, the Secretary of Defense may authorize the use of voluntary job-sharing arrangements for child care employees at military child development centers.

(2)

The Secretary may authorize job-sharing arrangements under this subsection—

(A)

to expand the pool of qualified child care employees available to meet the needs of military families;

(B)

to accommodate individuals unable to work full-time schedules as a result of caregiving, education, or other personal circumstances;

(C)

to reduce staffing vacancies and workforce turnover; and

(D)

to support continuity and reliability of child care services for military families.

(3)

In this subsection, the term job-sharing arrangement means a work arrangement under which the duties and responsibilities of a single full-time child care employee position are shared by two part-time child care employees, each serving not fewer than 20 hours per week.

Sec. 5. Limited access to certain benefits for child care employees

Section 1792a of title 10, United States Code, as amended by section 4 of this Act, is further amended by adding at the end the following new subsection:

(d) Limited access to certain benefits for child care employees

(1)

The Secretary of Defense may authorize child care employees working at military child development centers to receive limited access to benefits described in paragraph (2) if the Secretary determines such access is necessary to support recruitment and retention of child care employees and continuity of child care services.

(2)

The benefits that may be provided to a child care employee under paragraph (1) are the following:

(A)

Commissary and exchange privileges, on days on which the employee is providing child care services on a military installation, on the same basis as civilian employees of the Department of Defense under Directive-type Memorandum 21–003 or any successor Department of Defense issuance.

(B)

Use of MWR retail facilities, including fitness centers, if the Secretary determines that authorizing such use will support the stability of the child care workforce.

(C)

Tuition assistance and referral bonuses under terms and conditions comparable to similar workforce recruitment and retention programs authorized for other civilian and contractor workforces of the Department of Defense.

(D)

Such other limited benefits as the Secretary determines appropriate.

(3)

(A)

A child care employee who receives a benefit under paragraph (1) may not transfer the benefit to any other person.

(B)

The Secretary may revoke a benefit provided to a child care employee under paragraph (1) at any time.

(4)

Not later than 180 days after the date of the enactment of this section, the Secretary shall issue guidance to implement this subsection.

(5)

In this subsection, the term MWR retail facility has the meaning given that term in section 1063 of this title.

Sec. 6. Department of Defense child care readiness data system

Subchapter II of chapter 88 of title 10, United States Code, is amended by inserting after section 1799 the following new section:

1799a. Child care readiness data system

(a) Establishment

The Secretary of Defense shall establish and maintain a unified, Department-wide child care readiness data system (in this section referred to as the System) to assess, monitor, and manage child care capacity and child care workforce readiness across the Department of Defense.

(b) Required data elements

The System shall include information on the following:

(1)

Child care capacity and utilization, disaggregated by military installation and region.

(2)

Child care workforce staffing levels, vacancies, turnover rates, and compensation ranges.

(3)

Child care waitlists, disaggregated by—

(A)

families with no access to child care;

(B)

families using temporary child care or child care located off a military installation; and

(C)

families requiring child care during nontraditional hours.

(4)

Demand for child care by age cohort, with specific identification of children under age 5.

(5)

Utilization and attrition data for fee assistance programs.

(6)

Geographic areas with persistent unmet child care needs.

(7)

Such other information as the Secretary considers appropriate.

(c) Standardization and updates

The Secretary shall—

(1)

standardize the collection of data on child care across the military departments; and

(2)

update the information in the System not less frequently than every 90 days.

(d) Briefings required

Not later than 180 days after the date of the enactment of this section, and annually thereafter, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on—

(1)

findings derived from the System;

(2)

actions taken to address any gaps in child care availability identified through the System; and

(3)

recommendations for legislative or regulatory authorities or funding required to reduce the unmet need for child care.

Sec. 7. Report on child care waitlists

Sec. 8. Report on relationship between child care availability and readiness

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees (as defined in section 101(a) of title 10, United States Code) a report that analyzes the relationship between child care availability and each of the following: