Federal Employees Child Care Act - Directs the Administrator of General Services to: (1) establish health, safety, and facility standards and compliance requirements for child care in executive branch facilities; (2) issue regulations requiring a child care facility to comply with standards of a child care accreditation entity; and (3) establish an interagency council to facilitate cooperation and sharing of best practices. Prescribes accreditation requirements for child care services in the House of Representatives, the Library of Congress, the Senate, and the U.S. Courts.
Revises the criteria for children permitted child care and related services in Federal buildings, extending eligibility to children of Federal employees or on-site Federal contractors, or dependent children who live with such employees or contractors. Authorizes agreements, where necessary, with non-Federal, licensed, and accredited child care facilities, or planned facilities that will become licensed and accredited.
Permits a Federal agency to conduct a pilot project to test innovative approaches to providing more cost-effective alternative forms of child care assistance for Federal employees.
Authorizes the Secretary of Health and Human Services (HHS) to award competitive grants to assist eligible intermediaries to provide technical and financial assistance to eligible recipients to pay the Federal matching share of costs of acquisition, construction, or improvement of center-based or home-based child care facilities or equipment, or for the improvement of related management and business practices.
Book Stamp Act - Directs the Secretary of HHS to establish a grant program (based on certain State allocations under CCDBGA) to promote child literacy and improve children's access to books at home and in early learning and other child care programs, by making books available through such programs.
Early Care and Education Act - Directs the Secretaries of Education and of HHS to: (1) allot incentive grants to States to develop or enhance high-quality systems of early child care and early education; (2) award bonus grants to States for demonstrated improvement in such care and education; and (3) establish an information clearinghouse.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2758 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2758
Entitled ``The Child Care and Development Block Grant Amendments Act''.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 18, 2002
Mr. Dodd (for himself, Ms. Snowe, Mr. Jeffords, Mr. Reed, Mr. Bingaman,
Mrs. Clinton, Mrs. Murray, and Mr. Edwards) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
Entitled ``The Child Care and Development Block Grant Amendments Act''.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Access to High
Quality Child Care Act'' or as the ``2002 ACCESS Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ACCESS TO HIGH QUALITY CARE
Sec. 101. Goals.
Sec. 102. Authorization of appropriations.
Sec. 103. Lead agency.
Sec. 104. State plan requirements.
Sec. 105. Child care quality improvements.
Sec. 106. Improving parent access to quality child care by improving
rates of reimbursement.
Sec. 107. Administration and enforcement.
Sec. 108. Improving data about families receiving subsidies.
Sec. 109. Child care research and data.
Sec. 110. Activities for infants and toddlers and children in other
special populations.
Sec. 111. Resource and referral services and other activities.
Sec. 112. Funds for Indian tribes.
Sec. 113. Miscellaneous provisions.
Sec. 114. Definitions.
TITLE II--QUALITY CHILD CARE INITIATIVES
Subtitle A--Child Care Centers in Federal Facilities
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Providing quality child care in Federal facilities.
Sec. 204. Federal child care evaluation.
Sec. 205. Miscellaneous provisions relating to child care provided by
Federal agencies.
Subtitle B--Technical and Financial Assistance Grants
Sec. 211. Grants.
Subtitle C--Improving the Availability of Books
Sec. 221. Short title.
Sec. 222. Findings.
Sec. 223. Definitions.
Sec. 224. Grants to State agencies.
Sec. 225. Contracts to child care resource and referral organizations.
Sec. 226. Use of funds.
Sec. 227. Report to Congress.
Sec. 228. Special postage stamps for child literacy.
Sec. 229. Authorization of appropriations.
TITLE III--EARLY CARE AND EDUCATION
Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Purposes.
Sec. 304. Definitions.
Sec. 305. Allotment formula.
Sec. 306. General incentive grants.
Sec. 307. Lead agency and advisory council.
Sec. 308. State plans and application.
Sec. 309. Use of funds.
Sec. 310. State improvement bonus grants.
Sec. 311. Administration.
Sec. 312. Reports to Secretaries.
Sec. 313. Performance improvement plans.
Sec. 314. Noncompliance with State plan.
Sec. 315. Report to Congress.
Sec. 316. Clearinghouse.
Sec. 317. Supplementation of funds and maintenance of effort.
Sec. 318. Rules of construction.
Sec. 319. Authorization of appropriations.
TITLE I--ACCESS TO HIGH QUALITY CARE
SEC. 101. GOALS.
Section 658A(b) of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9801 note) is amended--
(1) in paragraph (4), by striking ``assistance; and'' and
inserting ``assistance, and to other low-income parents;'';
(2) in paragraph (5)--
(A) by inserting ``training,'' after ``safety,'';
and
(B) by striking the period and inserting ``; and'';
and
(3) by adding at the end the following:
``(6) to assist States to provide access to high quality
child care that promotes early learning and facilitates school
readiness for all children, including children with
disabilities or other special needs.''.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
Section 658B of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858) is amended by striking ``$1,000,000,000'' and all
that follows and inserting ``$3,100,000,000 for fiscal year 2003 and
such sums as may be necessary for each of fiscal years 2004 through
2007.''.
SEC. 103. LEAD AGENCY.
Section 658D(b) of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858b(b)) is amended by striking paragraph (2) and
inserting the following:
``(2) Development of state plan.--
``(A) Parties consulted.--In the development of the
State plan described in paragraph (1)(B), the lead
agency shall consult with--
``(i) appropriate representatives of units
of general purpose local government;
``(ii) parents and child care providers
(including center-based child care providers,
group home child care providers, and family
child care providers);
``(iii) representatives of State agencies
responsible for children and families,
including agencies with jurisdiction over
education programs, the program carried out
under part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1431 et
seq.), health services, child protective
services, the program of block grants to States
to provide temporary assistance to needy
families under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.), licensing
and inspection of child care providers, and
employment and training activities;
``(iv) businesses, community-based
organizations (including faith-based
organizations), and philanthropic
organizations;
``(v) parents of children in special
populations, providers with expertise
concerning care of children in special
populations, and special education and related
services personnel;
``(vi) institutions of higher education and
other entities that provide professional
development for early childhood educators and
child care providers; and
``(vii) other public and private providers
of child and family support services, such as
child care resource and referral organizations,
providers of services through Head Start
programs, family literacy programs, and
institutions of higher education, other
organizations representing child care and other
early childhood education providers as
determined appropriate by the State, and other
individuals with expertise in child development
as determined appropriate by the State.
``(B) Purposes of state plan.--The lead agency
shall engage in consultation, as described in
subparagraph (A), in order to--
``(i) develop a State plan under section
658E that meets the needs of working parents
and the social, emotional, physical, and
cognitive developmental needs of children;
``(ii) enable the lead agency, and the
organizations and individuals described in
subparagraph (A), to coordinate and utilize
resources for early childhood development and
child care for school-age children in a manner
that provides a continuum of quality services
for children and families;
``(iii) enable the lead agency,
organizations, and individuals to provide for
resources for children with disabilities or
other special needs and their families
in planning and delivering services for children and families, in order
to improve access to community-based inclusive child care programs for
all children, including infants and toddlers, and families;
``(iv) enable the lead agency,
organizations, and individuals to design an
application process for applications submitted
under section 658E that improves parental
access to services provided under this
subchapter by reducing barriers to eligibility
and continuing eligibility through the
application process; and
``(v) promote inclusion of organizations or
individuals that provide child care and related
services for children and families, and
parents, in the design and delivery of such
services.
``(C) Inclusive child care program.--In this
paragraph, the term `inclusive child care program'
means a child care program--
``(i) that serves children in special
populations, and other children, together in a
setting; and
``(ii) in which not more than 50 percent of
the children enrolled are children in special
populations.''.
SEC. 104. STATE PLAN REQUIREMENTS.
Section 658E(c) of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858c(c)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)(i)(II), by striking
``658P(2)'' and inserting ``658T(2)'';
(B) by striking subparagraph (D) and inserting the
following:
``(D) Consumer and child care provider
information.--
``(i) Certification.--Certify that the
State will collect and disseminate, through
organizations that provide resource and
referral services and through other means as
determined appropriate by the State, to parents
of eligible children and the general public,
consumer education information that will
promote informed child care choices, including
information about quality child care that meets
the social, emotional, physical, and cognitive
developmental needs of children.
``(ii) Description.--Describe how the State
will--
``(I) ensure that staff from the
lead agency will coordinate activities
with the staff of the State program
funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et
seq.) to inform parents who are
applying for, receiving, or ending
assistance under the State program
about eligibility for assistance under
this subchapter and local resource and
referral services; and
``(II) inform other low-income
parents about such eligibility and
services.
``(iii) Report the manner in which the
information described in clause (i) was
disseminated to parents, and the number of
parents to whom such information was
disseminated, for the 2-year period of the
previous State plan.'';
(C) in subparagraph (G), by inserting ``, and that
the procedures include unannounced visits for each such
child care provider (except that the State may choose
to exempt from the procedures requiring such visits, a
relative of the child who is a provider described in
section 658T(5)(B)) and the facility in which the
provider provides child care'' before the period; and
(D) by adding at the end the following new
subparagraphs:
``(I) Enhancement of parental access.--Describe how
the State will improve parental access to eligibility
procedures during the process of establishing
eligibility in order to obtain or retain assistance
under this subchapter, including improving access by
simplifying applications for assistance and otherwise
simplifying the process by adopting procedures and
practices such as--
``(i) posting eligibility forms and
information about needed documentation on State
websites and in other places frequented by
parents with children such as libraries, health
care facilities, schools, and offices of the
special supplemental nutrition program for
women, infants, and children established by
section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786);
``(ii) allowing filing of eligibility and
other required information by postal mail,
phone, fax, or electronic mail;
``(iii) minimizing requests for
documentation, and utilizing documents already
on file;
``(iv) providing applications at multiple
sites;
``(v) offering nonconventional hours of
operation at eligibility offices and providing
toll-free telephone lines, including during
evening and weekend hours, to handle
eligibility issues;
``(vi) providing expedited procedures for
changing child care providers;
``(vii) calculating eligibility in a way
that permits the averaging of hours of
employment or participation in a job training
or educational program, or of income, across a
number of months, in order to provide for
continuing eligibility without the necessity
for frequent reporting of small changes in
family circumstances;
``(viii) establishing a coordinated,
seamless eligibility system so that, regardless
of the source of funding for the assistance,
families do not have to file additional
applications and the assistance is provided in
a way that does not disrupt families and
supports continuity of care; and
``(ix) eliminating the need for case
closure and reapplication in instances in which
children remain eligible but their category of
eligibility changes.
``(J) Eligibility redetermination.--
``(i) Redetermination process.--Demonstrate
that for the purposes of redetermination of
eligibility of a child under this subchapter,
and for the reporting of changes as provided
for in clauses (iii) and (iv), the State will
have in place procedures that allow a working
parent access to the redetermination process
and allow for the reporting of changes without
requiring an absence from the workplace, which
procedures may include--
``(I) the provision of extended
office hours such as office hours
before 8 a.m., after 6 p.m., or on the
weekend; and
``(II) the use of postal mail or
electronic communications such as
communications by telephone, fax, or
electronic mail, and provision of a
receipt providing confirmation.
``(ii) Minimum period.--Demonstrate that
each child that receives assistance under this
subchapter in the State will receive such
assistance for not less than 1 year before the
State redetermines the eligibility of the child
under this subchapter, except as provided in
clauses (iii) and (iv).
``(iii) Child no longer living in the
home.--Demonstrate that the State will ensure
that policies and procedures are in place to
require that a parent report to the lead
agency, during the period prior to
redetermination, if the family no longer needs
assistance under this subchapter for a child
because the child is no longer in the home.
``(iv) Parent no longer engaged in work-
related activities.--Demonstrate that--
``(I) the State will ensure that
policies and procedures are in place to
require that a parent report to the
lead agency, during the period prior to
redetermination, the loss of work or
cessation of attendance of a job
training or educational program for
which the family was receiving
assistance under this subchapter; and
``(II) the State will not terminate
the assistance based on the loss of
work or cessation of attendance without
continuing the assistance for a
reasonable period of time, of not less
than 1 month, after such loss or
cessation in order for the parent to
engage in a job search and resume work,
or resume attendance of a job training
or educational program, as soon as
possible.
``(K) Training in early learning and childhood
development.--Certify that there are in effect within
the State training requirements, designed to enable
child care providers to promote the social, emotional,
physical, and cognitive development of children
(including children in special populations), that are
applicable to child care providers that provide
services for which assistance is made available under
this subchapter (except that the State may choose to
exempt from the requirements relatives of the children
involved who are providers described in section
658T(5)(B)).
``(L) Coordination of services.--Describe how the
State will--
``(i) coordinate the provision of services
under this subchapter with other Federal,
State, and local child care and early childhood
development programs; and
``(ii) increase coordination between, and
improve the ability of children to make
transitions between--
``(I) early childhood care,
development, and education programs;
and
``(II) elementary schools.
``(M) State child care quality goals.--
``(i) Use of funds to improve quality.--
Provide an assurance that the State will submit
the report described in section 658M(c)(1),
including the demonstrations described in such
section, to the Secretary at the end of each
fiscal year.
``(ii) Goals.--Describe goals that the
State will use to evaluate the effectiveness of
the activities carried out by the State under
section 658G(a), in order to evaluate the
State's progress in improving the quality of
child care services provided under this
subchapter, including, at a minimum, goals to--
``(I) improve child care provider
recruitment, payment, and retention
rates;
``(II) increase the number of child
care providers who receive high quality
preservice and ongoing professional
development (including the number of
such providers who provide informal
care, care for children in special
populations, or care for children in
rural areas);
``(III) increase the number of
providers who receive training in the
care and development of children with
disabilities or other special needs;
``(IV) increase the number of
families served by resource and
referral services;
``(V) increase the number of child
care programs that meet applicable
State and local licensing requirements
or nationally recognized accreditation
standards; and
``(VI) increase the payment rates,
to maximize parental choice among
quality child care providers.
``(iii) State child care quality
measures.--Describe a quantifiable, objective
measure for each goal.
``(iv) Progress.--Describe the State's
progress in achieving the measures for the
goals.
``(N) Access to care for special populations.--
``(i) Reimbursement for special needs
care.--Certify that the State is taking the
cost of specialized care for infants and
toddlers and children with disabilities or
other special needs into account when
determining reimbursement rates for child care
services for which assistance is provided under
this subchapter.
``(ii) Compliance with disability laws.--
Certify that the State will ensure that
eligible child care providers within the State
are informed about the requirements associated
with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), the Individuals
with Disabilities Education Act (20 U.S.C. 1400
et seq.), and section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794), and describe how
the State will assist eligible child care
providers by providing training, technical
assistance, and resources in order to assist
the providers in complying with those Acts.
``(iii) Coordination with other applicable
activities.--Certify and describe the State's
efforts to coordinate--
``(I) training, services, and other
assistance provided under this
subchapter with respect to children
with disabilities or other special
needs; and
``(II) similar activities supported
under section 619, part C, or part D of
the Individuals with Disabilities
Education Act (20 U.S.C. 1419, 1431 et
seq., or 1451 et seq.), or title V of
the Social Security Act (42 U.S.C. 701
et seq.).
``(O) Information on food programs.--Certify that
the State will collect and disseminate, to each child
care provider that provides services for which
assistance is made available under this subchapter,
materials that include--
``(i) an explanation of the benefits, and
the importance to children and providers, of
the child and adult care food program
established under section 17 of the Richard B.
Russell National School Lunch Act (42 U.S.C.
1766); and
``(ii) information concerning how benefits
under the program may be obtained.
``(P) No supplanting of prior spending.--
``(i) Report.--Report the amount of Federal
funds (other than funds made available under
this subchapter), State funds, and local funds
(to the extent such local funds were counted
toward State matching or maintenance of effort
obligations under this subchapter), that were
expended in the State to provide assistance for
child care services and to improve the quality
of child care services provided in the State
during fiscal year 2002.
``(ii) Assurance.--Provide an assurance
that funds made available to the State under
this subchapter will be used to supplement and
not supplant the Federal funds (other than
funds made available under this subchapter),
State funds, and local funds (to the extent
such local funds were counted toward State
matching or maintenance of effort obligations
under this subchapter), that were expended in
the State to provide assistance for such
services and to improve the quality of such
services provided in the State during fiscal
year 2002.'';
(2) in paragraph (3)--
(A) in subparagraph (B)--
(i) by striking ``The State'' and inserting
the following:
``(i) In general.--The State'';
(ii) in clause (i) (as designated in clause
(i) of this subparagraph)--
(I) by striking ``appropriate to
realize any of the goals specified in
paragraphs (2) through (5) of'' and
inserting ``appropriate (which may
include an activity described in clause
(ii)) to realize any of the goals
specified in''; and
(II) by striking ``with special
needs'' and inserting ``with
disabilities or other special needs'';
and
(iii) by adding at the end the following:
``(ii) At-home infant care program.--A
State may use amounts described in clause (i)
to conduct a program of at-home infant care
described in paragraph (6).'';
(3) in paragraph (4)--
(A) by redesignating subparagraph (B) as
subparagraph (C); and
(B) by inserting after subparagraph (A) the
following:
``(B) Market rates.--In submitting the State plan,
the State shall meet the applicable requirements of
paragraphs (1) and (2) of section 658H(b).''; and
(4) by adding at the end the following:
``(6) State option to conduct a program of at-home infant
care.--
``(A) Use of funds to conduct program.--The State
plan shall specify whether the State elects to use
amounts provided under this subchapter to conduct a
program of at-home infant care, under which a family
with an infant may elect to--
``(i) receive assistance from the State in
the form of a payment to a parent or child care
services consistent with paragraph (2)(A), and
in an amount not exceeding the amount of
assistance that the family would otherwise be
eligible to receive under this subchapter; and
``(ii) use the assistance to allow a parent
to remain at home and care for the child for a
period determined by the State, but not to
exceed 24 months.
``(B) Requirements and provisions.--In the case of
a State that elects to use amounts described in
subparagraph (A) for a program described in
subparagraph (A), the State plan shall describe the
requirements and provisions of such program, and shall
certify that--
``(i) in providing assistance for child
care services under this subchapter, the State
will not give priority or preference to parents
seeking to receive assistance through the
program over other parents of eligible children
who apply for or are on a waiting list for
assistance for child care services in the
State;
``(ii) the State--
``(I) will provide, to parents
applying to receive assistance under
this subchapter, information on their
range of options for child care
services for which assistance is
provided under this subchapter, and on
the opportunity to receive the
assistance in the form of a payment or
child care services consistent with
paragraph (2)(A);
``(II) will ensure that approved
applicants for assistance through the
program are permitted to choose between
receipt of a payment or child care
services consistent with paragraph
(2)(A); and
``(III) will provide that a family
receiving such assistance may change
the form of the assistance, to receive
child care services consistent with
paragraph (2)(A) at any time during
program participation; and
``(iii) the State will develop or update,
and implement, a plan to improve the quality
and expand the supply of infant care in the
State.''.
SEC. 105. CHILD CARE QUALITY IMPROVEMENTS.
Section 658G of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858e) is amended to read as follows:
``SEC. 658G. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE SERVICES.
``(a) In General.--A State that receives funds to carry out this
subchapter for a fiscal year shall reserve and use not less than 4
percent of the funds (and not less than 10 percent of the funds after
the date specified in subsection (b)) for activities designed to
improve the quality of child care services, consisting of--
``(1) the recruitment, education, and retention of child
care providers, including family child care providers and child
care providers in rural areas, through compensation enhancement
programs (such as the Teacher Education and Compensation Helps
Early Childhood Project, the Child Care WAGE$ Project, and the
Compensation and Recognition Enhances Stability programs) that
reward and support participation in professional development
and education, including the attainment of credentials and
degrees;
``(2) initiatives to improve the quality and availability
of child care for children in special populations, including
special populations in rural areas, which may include workforce
development initiatives that provide specialized training or
technical assistance for the providers, or initiatives that
provide higher reimbursement rates for child care providers
that provide child care services for those children, provide
(where appropriate) for consultations with licensed
professionals for the providers, or promote efforts to assist
the providers in complying with the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.), the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.), and
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);
``(3) support for a coordinated statewide system of local
resource and referral services that--
``(A) provides information and support concerning
child care to families and child care providers;
``(B) collects data on the availability of and
demand for child care services within the political
subdivisions of the State;
``(C) connects the business community and other
organizations to public-private partnerships for child
care;
``(D) increases the availability of and improves
the quality of child care services within the State;
``(E) provides training and support for family
child care providers, including networks of family
child care providers (such as family child care
providers in rural areas);
``(F) provides training and technical assistance
for child care providers who serve children with
disabilities or other special needs and child care
providers in rural areas;
``(G) supports at-home child care providers; and
``(H) promotes literacy through the provision of
technical assistance, training about developmentally
appropriate reading activities, and books to child care
programs and families, to make books accessible to
children at an early age;
``(4)(A) initiatives that--
``(i) enhance the skills of the child care
workforce by providing professional development and
technical assistance concerning the social, emotional,
physical, and cognitive development of children, and
other critical areas such as health, safety, and youth
development, including training opportunities for child
care providers in informal care settings and ongoing
professional development opportunities; and
``(ii) are carried out by community organizations,
institutions of higher education, child care resource
and referral organizations, or other appropriate
entities; and
``(B)(i) activities that improve the training and support
for family child care providers, including family child care
providers in rural areas, including providing access to
resource lending libraries, the child and adult care food
program described in section 17 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766), and in-home
training and professional development; and
``(ii) projects that provide opportunities for career
counseling, director training, and leadership development for
the child care workforce;
``(5)(A) the provision of grants or loans to child care
providers to assist the providers in meeting applicable State
and local requirements relating to child care licensing or
regulation and recognized accreditation standards; and
``(B) projects that improve the ability of State or local
government, as applicable, to monitor compliance with, and to
enforce, State and local licensing, regulatory, and
registration requirements applicable to child care providers;
``(6) community projects that--
``(A) establish a single point of entry system for
child care, based on a military model that--
``(i) establishes links with child care
centers, family child care homes, providers of
after-school programs, and other child care
providers; and
``(ii) provides parents with a single
location to find licensed, regulated, or
registered child care in the community;
``(B) establish a community-wide training and
professional development program that is linked to
compensation and recognition for child care providers,
including family child care providers, whose services
are available through the system;
``(C) provide financial incentives and other
support for child care providers described in
subparagraph (B) to achieve accreditation by a national
organization; and
``(D) provide information to parents on the cost
and quality of the various child care providers
described in subparagraph (B);
``(7) activities described in section 309 of the Early Care
and Education Act;
``(8) activities to improve the quality of child care in
rural areas; or
``(9) other activities that the State determines
appropriate to improve the quality of child care services,
including the provision of emergency child care.
``(b) Increased Reservation.--The requirement to reserve and use
not less than 10 percent of the funds under subsection (a) takes effect
on October 1 of the first fiscal year for which the amount made
available under section 418 of the Social Security Act (42 U.S.C. 618)
exceeds 115 percent of the amount made available under that section for
fiscal year 2002.''.
SEC. 106. IMPROVING PARENT ACCESS TO QUALITY CHILD CARE BY IMPROVING
RATES OF REIMBURSEMENT.
The Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.) is amended by inserting after section 658G the following:
``SEC. 658H. IMPROVING PARENT ACCESS TO QUALITY CHILD CARE BY IMPROVING
RATES OF REIMBURSEMENT.
``(a) In General.--A State that receives funds to carry out this
subchapter for a fiscal year shall reserve and use not less than 5
percent of the funds for activities described in this section.
``(b) Eligibility.--
``(1) State plan requirement.--To be eligible to receive
funds to carry out this subchapter, a State shall submit a
State plan under section 658E that--
``(A) demonstrates that the State has conducted a
statistically valid survey of the market rates for
child care services in the State within the 2 years
preceding the date of the submission of the
application;
``(B) details the methodology of the survey
conducted pursuant to subparagraph (A);
``(C) contains the survey and the results of the
survey;
``(D) describes the State's plan to increase
payment rates from the initial baseline determined
under subparagraph (B);
``(E) describes how the State will increase payment
rates in accordance with the survey results; and
``(F) describes the State's plan to assure that the
State will make the payments on a timely basis and
follow the usual and customary market practices with
regard to payment for child absentee days.
``(2) Continuing eligibility requirement.--
``(A) In general.--In submitting a State plan under
section 658E--
``(i) for fiscal year 2004 or a subsequent
fiscal year, each State shall demonstrate that
the State has made progress in increasing
payment rates for child care providers under
this subchapter to rates that reflect the
market rates determined under the survey
described in paragraph (1)(A), including the
market rates for various types of child care
providers and market rates for child care of
children at various ages; and
``(ii) for fiscal year 2006 or a subsequent
fiscal year, each State shall demonstrate that,
not later than September 30, 2005, the State
increased the payment rate for child care
providers under this subchapter to a rate at
not less than the 80th percentile of the market
rate determined under the survey described in
paragraph (1)(A).
``(B) Waiver.--A State may apply to the Secretary
for a 1-year waiver of the requirements of subparagraph
(A)(ii). The Secretary may, in the discretion of the
Secretary, grant the waiver and require the State to
demonstrate, not later than September 30, 2006, that
the State increased the payment rate in accordance with
subparagraph (A)(ii).
``(c) Use of Funds.--
``(1) Priority use.--An eligible State that receives funds
under this subchapter to carry out this section shall use the
funds to increase the payment rate for child care providers
under this subchapter until the rate is not less than the 85th
percentile of the market rate determined under the survey
described in subsection (b)(1)(A).
``(2) Allowable use.--
``(A) In general.--An eligible State that
demonstrates to the Secretary that the State has
achieved a payment rate for such providers at not less
than the 85th percentile of that market rate may use
funds described in paragraph (1)--
``(i) to provide an increased payment rate
for such providers, which may exceed the 100th
percentile of that market rate, to reflect the
cost associated with improving the quality of
child care; or
``(ii) to provide tiered reimbursement to
child care providers, as described in
subparagraph (B).
``(B) Tiered reimbursement.--Such tiered
reimbursement shall consist of a regular payment plus
an additional payment for child care that is in limited
supply, such as care of infants, care during
nontraditional hours, care for children with
disabilities or other special needs, care for children
in low-income or rural communities, and care provided
by accredited child care providers.
``(3) Supplement not supplant.--Amounts made available to a
State under this subchapter to carry out this section shall be
used to supplement and not supplant other Federal, State, or
local funds made available to the State under this subchapter
or any other provision of law.
``(4) Limitation.--No State may establish eligibility
standards for children that are more restrictive than the
standards in effect on the date of enactment of the Access to
High Quality Child Care Act, or increase the copayments by
families required as part of cost sharing above the level of
such copayments on such date of enactment, to achieve the
higher payment rates described in subsection (b)(2) or this
subsection.
``(d) Evaluations and Reports.--
``(1) State evaluations.--Each State described in
subsection (c)(1) shall submit to the Secretary, at such time
and in such form and manner as the Secretary may require,
information regarding the State's efforts to increase payment
rates and the impact increased rates are having on the quality
of, and accessibility to, child care in the State.
``(2) Reports to congress.--The Secretary shall submit
biennial reports to Congress on the information described in
paragraph (1). Such reports shall include data from the
applications described in subsection (b) as a baseline for
determining the progress of each eligible State in maintaining
increased payment rates.
``(e) Payment Rate.--In this section, the term `payment rate' means
the rate of reimbursement to providers for subsidized child care.
``(f) Effective Date.--This section takes effect on October 1 of
the first fiscal year for which the amount made available under section
418 of the Social Security Act (42 U.S.C. 618) exceeds 105 percent of
the amount made available under that section for fiscal year 2002.''.
SEC. 107. ADMINISTRATION AND ENFORCEMENT.
Section 658I of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858g) is amended by adding at the end the following:
``(c) Compliance With Quality Requirements of State Plan.--
``(1) Annual report.--
``(A) Use of funds for quality activities.--Each
State that receives funds to carry out this subchapter
for a fiscal year shall, not later than 6 months after
the end of that fiscal year, submit an annual report to
the Secretary in which--
``(i) the State demonstrates the manner in
which the State complied with section 658G
during the year, and describes how the State
used funds made available to carry out this
subchapter to comply with section 658G during
the year;
``(ii) the State demonstrates that a
portion of such funds was used to carry out the
activities described in paragraphs (1), (2),
and (3) of section 658G(a) during the year, and
describes the specific activities carried out
with the funds, and the amount of the funds
that the State allocated to each activity,
during the year; and
``(iii) the State describes the specific
activities carried out under section 658I, and
the amount of funds that the State allocated to
each activity, during the year.
``(B) Progress in achieving state child care
quality goals and measures.--The State shall include in
the report--
``(i) a description of the goals and
measures described in the State plan under
section 658E(c)(2)(M); and
``(ii) evidence demonstrating the extent to
which the State made progress in achieving the
measures for the goals during the fiscal year
including, at a minimum, evidence demonstrating
measurable improvement toward achieving the
measures for the goals described in section
658E(c)(2)(M)(ii).
``(2) Improvement plan.--If the Secretary determines that a
State failed to make progress as described in paragraph
(1)(B)(ii) for a fiscal year, the Secretary shall require the
State to submit an improvement plan that describes the measures
the State will take to make that progress. The Secretary shall
require the State to comply with the improvement plan by a date
specified by the Secretary but not later than 1 year after the
date of the determination.''.
SEC. 108. IMPROVING DATA ABOUT FAMILIES RECEIVING SUBSIDIES.
(a) Collection of Information.--Section 658K(a)(1) of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)(1)) is
amended--
(1) in subparagraph (B)--
(A) by striking clause (v) and inserting the
following:
``(v) whether the family has income from--
``(I) employment, including self-
employment; or
``(II) assistance under the program
of block grants to States to provide
temporary assistance to needy families
under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.) or
a State program for which State
spending is counted toward the
maintenance of effort requirement under
section 409(a)(7) of the Social
Security Act (42 U.S.C. 609(a)(7));'';
(B) by striking clause (vi) and inserting the
following:
``(vi) the size of the family;'';
(C) by striking clause (ix) and inserting the
following:
``(ix) the cost of child care for such
family, separately stating the amount of the
State's subsidy payment, and the amount of the
family's copayment, toward that cost;''; and
(D) by inserting after clause (x) the following:
``(xi) for a family in which a parent
demonstrates eligibility for a subsidy under
this subchapter on the basis of employment,
whether the usual hours of work for the parents
in the family--
``(I) occur between 8 a.m. and 6
p.m. on weekdays;
``(II) occur after 6 p.m. on
weekdays, or on weekends; or
``(III) vary substantially over the
course of a month; and
``(xii) whether a child in the family who
receives child care through a subsidy under
this subchapter is a child with a disability or
other special needs;''; and
(2) in subparagraph (D)(i), by adding at the end the
following: ``The Secretary may designate core data elements and
require that a State collect information under subparagraph (B)
on those elements for all families described in subparagraph
(B).''.
(b) Elimination of Requirement for State Annual Reports.--Section
658K(a) of the Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858i(a)) is amended by striking paragraph (2).
(c) Case Closure Codes.--Section 658K(a) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)), as amended by
subsection (b), is further amended by adding at the end the following:
``(2) Improving understanding of case closures.--The
Secretary, after consultation with representatives of States,
researchers, and other interested persons, shall develop a
uniform set of case closure codes for specifying the reasons
for which child care assistance under this subchapter is
terminated. The Secretary shall require that States submit
information describing (for reporting quarters beginning not
later than the reporting quarter beginning on October 1, 2005)
the reasons for case closures under this subchapter, using the
uniform codes, with the information required to be submitted
under paragraph (1).''.
(d) Consolidated Reporting.--Section 658K(a) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)), as amended by
subsection (c), is further amended by adding at the end the following:
``(3) Addendum to quarterly reports.--
``(A) Information collection.--
``(i) In general.--The State shall collect
information on--
``(I) the number of families and
children receiving a subsidy under this
subchapter;
``(II) the number of child care
providers who received payments under
this subchapter, and shall separately
identify that number for each type of
provider specified in section 658T(5);
and
``(III) the number of such payments
made by the State through vouchers,
under contracts, or through payments to
parents, and shall separately identify
those numbers by the type of child care
services involved.
``(ii) Timing.--The State shall collect the
information described in clause (i)(I) on a
monthly basis. The Secretary may elect to
require that the State collect the information
described in subclauses (II) and (III) of
clause (i) less frequently than monthly, but
not less frequently than annually.
``(B) Reporting.--The State shall submit the
information described in subparagraph (A)(i)(I) to the
Secretary on a quarterly basis, in an addendum to a
report required under paragraph (1). The State shall
submit the information required in subclauses (II) and
(III) of subparagraph (A)(i) to the Secretary on an
annual basis, in an addendum to a report required under
paragraph (1).
``(C) Public access.--Not later than 30 days after
submitting a report under subparagraph (B), the State
shall post the information contained in such report on
a State website accessible to the public.''.
(e) Report by Secretary.--Section 658K of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858i) is amended by
adding at the end the following:
``(c) Report by Secretary.--
``(1) Contents.--Not later than April 1, 2003, and annually
thereafter, the Secretary shall prepare and submit to the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate a report that contains--
``(A) a summary and analysis of the data and
information provided to the Secretary in the State
reports submitted under subsection (a);
``(B) a summary of program information provided in
the most recent State plans (including amendments to
State plans) submitted under section 658E;
``(C) an assessment of, and (in appropriate cases)
recommendations to Congress concerning, efforts that
should be undertaken to improve access to quality,
affordable child care services in the United States;
and
``(D) a description of the extent to which States
have repeated, in an accurate and timely manner, the
data required to be reported under this subchapter,
information identifying any barriers to such accurate
and timely reporting, and a description of the
Secretary's plans and activities to provide technical
assistance and take other action to ensure such
accurate and timely reporting.
``(2) Public access.--Not later than 30 days after
submitting a report under paragraph (1), the Secretary shall
post the information contained in the report on an appropriate
child care website that is accessible to the public.''.
(f) Section Heading.--The section heading for section 658K of the
Child Care and Development Block Grant Act of 1990 (20 U.S.C. 9858i) is
amended to read as follows:
``SEC. 658K. REPORTS AND AUDITS.
(g) Effective Date.--The amendments made by subsections (a), (b),
and (d) shall apply to reports for fiscal year 2004 and subsequent
fiscal years.
SEC. 109. CHILD CARE RESEARCH AND DATA.
Section 658L of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858j) is amended to read as follows:
``SEC. 658L. CHILD CARE RESEARCH AND DATA.
``(a) Data System.--
``(1) In general.--The Secretary shall provide for the
establishment of a national child care data system and make
arrangements with appropriate entities to collect and analyze
data on the availability of, demand for, and quality of early
care and early education programs and before- and after-school
programs for the system. The system shall utilize, to the
extent practicable, the national child care data system
available through child care resource and referral
organizations at the national, State, and local levels.
``(2) Data.--The data collected through the system shall be
provided in a way that responds in a timely manner to the needs
of State and local officials, the Secretary, and Congress, and
shall, to the extent practicable, include national, State, and
local data on--
``(A) the number and capacity of legally operating
family child care providers;
``(B) the number and capacity of licensed group
programs, such as center and part-day enrichment
programs;
``(C) the number and capacity of child care
programs and providers that provide care to infants and
toddlers;
``(D) the number of child care programs and
providers that are providing or have provided within
the previous 6 months child care for children with
disabilities or other special needs, and the number of
such children who are receiving such child care or
received such child care within the previous 6 months;
``(E) the number and capacity of child care
programs and providers that provide child care during
nontraditional hours;
``(F) the number and capacity of employer-sponsored
centers;
``(G) the education, training, and credentials of
child care providers, by setting;
``(H) the turnover rates for child care providers,
by setting;
``(I) the average (including the median) salaries
and benefits of caregivers in programs described in
subparagraph (A), by setting and by position (such as
lead teacher, assistant teacher, or aide);
``(J) the number and capacity of accredited child
care centers;
``(K) the number and capacity of accredited family
child care homes;
``(L) the type of child care families are
requesting;
``(M) the number of children on a waiting list for
a program described in paragraph (1), by community; and
``(N) other data indicative of the availability of,
demand for, and quality of child care throughout the
United States, particularly for low-income families.
``(3) Census data.--The Secretary shall collaborate with
the Director of the Bureau of the Census to obtain relevant
data through the American Community Survey or other surveys
that describes the employment trends of families, child care
choices, and other demographic information as appropriate.
``(4) Annual report.--Using data from the system described
in subparagraph (A), the Secretary shall prepare and submit to
Congress by June 1, 2004, and annually thereafter, reports, by
State, on all of the measures and factors specified in
paragraph (2). The reports shall also describe trends relating
to the measures and factors over time.
``(5) Training and technical assistance.--In providing for
the system, the Secretary shall provide training and technical
assistance to appropriate entities to assist the entities in
reporting, collecting, and analyzing useful data for the
system.
``(6) Hardware, software, training, and technical
assistance.--For fiscal year 2003, the Secretary shall use a
portion of the funds reserved under subsection (c) to obtain
hardware, software, training, and technical support, for the
system.
``(b) Studies of Child Care Quality and Subsidy Use.--
``(1) In general.--The Secretary shall provide for
nationally representative studies of child care that--
``(A) describe the child care choices made by--
``(i) parents of eligible children who use
the system of subsidies provided under this
subchapter; and
``(ii)(I) parents of eligible children who
used but stopped using the subsidy system; and
``(II) parents of eligible children who
have not used the subsidy system;
``(B) investigate how the child care choices of the
parents described in subparagraph (A)(ii) are impacted
by their lack of a subsidy;
``(C) describe the quality of child care received
by children of parents described in subparagraph (A)(i)
as compared to the quality received by children of
parents described in subparagraph (A)(ii);
``(D) analyze the quality of child care in the
United States, by setting, including center-based child
care, family child care, infant and toddler care, care
through school-age child care programs, care during
nontraditional hours, care for children with
disabilities and other special needs, and care for
infants and toddlers;
``(E) determine the number of child care programs
and providers that provide care to children with
disabilities and other special needs; and
``(F) describe the quality of child care available
at payment rates above the 85th percentile of the
applicable market rates, and analyze how, if at all,
child care available at payment rates above the 85th
percentile of applicable market rates differs from
child care available at payment rates that are at or
below the 85th percentile of applicable market rates,
on measures relating to child care quality, including
measures of provider accreditation, provider education
and training, staff turnover, and parent satisfaction.
``(2) Report.--By September 30, 2006, the Secretary shall
submit to Congress a report that contains the findings
resulting from the studies and shall post the findings on a
website of the Department of Health and Human Services.
``(c) Reservation.--Of the funds appropriated to carry out this
subchapter for a fiscal year, the Secretary shall reserve not more than
1 percent to carry out this section and section 658K.''.
SEC. 110. ACTIVITIES FOR INFANTS AND TODDLERS AND CHILDREN IN OTHER
SPECIAL POPULATIONS.
The Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.) is amended--
(1)(A) by redesignating section 658P as section 658T; and
(B) by inserting section 658T (as so redesignated) after
section 658S;
(2)(A) by redesignating section 658J as section 658P; and
(B) by inserting section 658P (as so redesignated) after
section 658O;
(3)(A) in section 658M--
(i) by striking the section heading; and
(ii) by redesignating subsections (a) and (b) as
subsections (c) and (d), respectively; and
(B) by moving subsections (c) and (d) (as so redesignated)
to the end of section 658F;
(4)(A) by redesignating section 658I as section 658M; and
(B) by inserting section 658M after section 658L; and
(5) by inserting after section 658H (as added by section
106) the following:
``SEC. 658I. ACTIVITIES FOR INFANTS AND TODDLERS.
``(a) In General.--A State that receives funds to carry out this
subchapter for a fiscal year shall reserve and use for that fiscal
year--
``(1) not less than the State young child amount for
activities described in subsection (b); and
``(2) not less than the State covered child amount for
activities described in subsection (c).
``(b) Infant and Toddler Activities.--The State shall use the funds
reserved under subsection (a)(1) to carry out activities that improve
and expand child care, including emergency child care, for infants and
toddlers, which may include--
``(1) developing and implementing a health and safety
licensing requirements plan for providers of child care for
infants and toddlers;
``(2) developing specialized training for such providers
that emphasizes the unique developmental needs of infants and
toddlers, including infants and toddlers who are children with
disabilities or other special needs;
``(3) creating a statewide system of specialists on infants
and toddlers and children with disabilities and other special
needs, to provide training and consultations for such providers
who are--
``(A) center-based child care providers;
``(B) family child care providers;
``(C) group home child care providers; or
``(D) relatives of the infants and toddlers who are
providers described in section 658T(5)(B); or
``(4) establishing local networks of support for providers
described in paragraph (1) who are family child care providers.
``(c) Infant and Toddler and Other Activities.--
``(1) In general.--The State shall use the funds reserved
under subsection (a)(2) for activities to improve the
availability and quality of child care for--
``(A) infants and toddlers;
``(B) children with disabilities or other special
needs; or
``(C) children who need child care during
nontraditional hours.
``(2) Activities.--The activities referred to in paragraph
(1) may include activities described in subsection (b), and may
include improving reimbursement rates for providers of child
care described in paragraph (1).
``(d) Definitions.--In this section:
``(1) State covered child amount.--The term `State covered
child amount', used with respect to a fiscal year, means the
product of--
``(A) the State percentage for that fiscal year;
and
``(B)(i) for fiscal year 2003, $100,000,000;
``(ii) for fiscal year 2004, $125,000,000;
``(iii) for fiscal year 2005, $150,000,000;
``(iv) for fiscal year 2006, $175,000,000; and
``(v) for fiscal year 2007, $200,000,000.
``(2) State percentage.--The term `State percentage', used
with respect to a fiscal year, means the percentage received by
the State of the funds allotted to States under section 658O
for that fiscal year.
``(3) State young child amount.--The term `State young
child amount', used with respect to a fiscal year, means the
product of--
``(A) the State percentage for that fiscal year;
and
``(B) $100,000,000.''.
SEC. 111. RESOURCE AND REFERRAL SERVICES AND OTHER ACTIVITIES.
The Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.) is amended by inserting after section 658I (as added by
section 110) the following:
``SEC. 658J. RESOURCE AND REFERRAL SERVICES AND OTHER ACTIVITIES.
``(a) Reservation.--Of the funds appropriated to carry out this
subchapter for a fiscal year, the Secretary shall reserve--
``(1) $18,120,000 to carry out subsection (b); and
``(2) $1,000,000 to carry out subsection (c).
``(b) Resource and Referral Services and School-Age Child Care
Activities.--
``(1) Grants.--The Secretary shall award grants to States
from allotments made under paragraph (2) for resource and
referral services and school-age child care activities.
``(2) Allotments.--The Secretary shall allot to each State,
for a fiscal year, an amount equal to the State percentage of
the funds reserved under subsection (a)(1) for that fiscal
year.
``(3) Definition.--In this subsection, the term `State
percentage', used with respect to a fiscal year, means the
percentage received by the State of the funds allotted to
States under section 658O for that fiscal year.
``(c) National Child Care Aware Toll-Free Hotline.--The Secretary
shall make a grant to the National Association of Child Care Resource
and Referral Agencies for the operation of the national child care
aware toll-free hotline, to assist families in accessing local
information on child care options.''.
SEC. 112. FUNDS FOR INDIAN TRIBES.
(a) Increase in Reservation.--Section 658O(a)(2) of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858m(a)(2)) is
amended by striking ``1 percent, and not more than 2 percent,'' and
inserting ``2 percent''.
(b) Treatment of Reservation.--Section 6580(b)(1) of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858m(b)(1)) is
amended in the matter preceding subparagraph (A), by striking
``subsection (a)'' and inserting ``subsection (a) or section 658J or
658L''.
(c) Payments for the Benefit of Indian Children.--
(1) Child care services requirements.--Section 658O(c)(2)
of the Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858m(c)(2)) is amended by adding at the end the
following:
``(D) Child care services requirements.--The
applicant will--
``(i) establish requirements applicable to
child care services (including requirements
designed to protect the health and safety of
children), which shall--
``(I) be stated in the application;
and
``(II) notwithstanding any other
provision of law, including
subparagraphs (E), (F), and (G) of
section 658E(c)(2), be the child care
services requirements applicable to
child care providers that receive funds
from the applicant to provide services
under this subchapter; and
``(ii) submit such reports to the Secretary
concerning compliance with the requirements as
the Secretary may require.''.
(2) Negotiated rulemaking.--Section 658O(c) of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858m(c)) is amended--
(A) by redesignating paragraphs (4), (5), and (6)
as paragraphs (5), (6), and (7), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) Negotiated rulemaking.--In determining the amount of
the base amount provided to Indian tribes and tribal
organizations under this subsection, the Secretary shall
conduct a negotiated rulemaking. The Secretary shall include in
the negotiated rulemaking committee representatives of the
Indian tribes and tribal organizations that the Secretary
determines to be eligible to receive grants or contracts under this
subsection. The Secretary shall conduct the negotiated rulemaking in
accordance with subchapter III of chapter 5 of title 5, United States
Code, as in effect on November 28, 1996.''.
(3) Construction or renovation.--Paragraph (7)(C) of
section 658O(c) of the Child Care and Development Block Grant
Act of 1990 (as redesignated by paragraph (2)(A)) is amended--
(A) by striking ``The'' and inserting the
following:
``(i) In general.--Except as provided in
clause (ii), the''; and
(B) by adding at the end the following:
``(ii) Temporary decrease.--The Secretary
may permit an Indian tribe or tribal
organization to use amounts provided under this
subsection for construction or renovation even
if such use will result in a temporary decrease
described in clause (i), if--
``(I) the Secretary determines that
the construction or renovation will
enable the tribe or organization to
increase, in fiscal years subsequent to
the year for which the determination
under subparagraph (B) is made,the
level of child care services provided
by the tribe or organization as
compared to the level of such services provided by the tribe or
organization in the fiscal year for which the determination is made;
and
``(II) the tribe or organization
submits to the Secretary, and obtains
approval of, a multi-year plan for the
construction or renovation.''.
(d) Conforming Amendments.--
(1) Section 658E(c)(2)(E) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)(E) is amended--
(A) by striking the following:
``(E) Compliance with state licensing
requirements.--
``(i) In general.--Certify'' and inserting
the following:
``(E) Compliance with state licensing
requirements.--Certify''; and
(B) by striking clause (ii).
(2) Section 658F(b)(1) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858d(b)(1)) is amended by
striking ``658O(c)(6)'' and inserting ``658O(c)(7)''.
SEC. 113. MISCELLANEOUS PROVISIONS.
Section 658S of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858q) is amended by inserting ``, including section
658E(c)(6),'' after ``this subchapter''.
SEC. 114. DEFINITIONS.
Section 658T of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858n) (as redesignated by section 110(1)(A)) is
amended--
(1) by inserting after paragraph (2) the following:
``(3) Child with a disability or other special needs.--The
term `child with a disability or other special needs' means a
child who is--
``(A) eligible for early intervention services
under part C of the Individuals with Disabilities
Education Act (20 U.S.C. 1431 et seq.);
``(B) eligible for services under part B of the
Individuals with Disabilities Education Act (20 U.S.C.
1411 et seq.); or
``(C) a child with special health care needs,
within the meaning of title V of the Social Security
Act (42 U.S.C. 701 et seq.), who is an individual with
a disability, as defined in section 7(20)(B) of the
Rehabilitation Act of 1973 (29 U.S.C. 705(20)(B)).'';
(2) in paragraph (4)--
(A) by striking subparagraph (A) and inserting the
following:
``(A)(i) who is less than 13 years of age;
``(ii) who is 13, if the individual was receiving
assistance under this subchapter on the individual's
13th birthday, the birthday occurred during a school
year, and the school year has not ended; or
``(iii) who is--
``(I) younger than 19; and
``(II) physically or mentally incapable of
caring for the child, or under court
supervision;'' and
(B) in subparagraph (C)--
(i) in clause (i)--
(I) by striking ``or attending''
and inserting ``, are attending'';
(II) by inserting ``, or (in the
case of a parent receiving assistance
through a State program described in
section 658E(c)(6)) have a recent work
history under criteria determined by
the State and meet the other
requirements of the State program''
before the semicolon; and
(III) by striking ``or'' at the
end;
(ii) in clause (ii), by striking the period
and inserting ``; or''; and
(iii) by adding at the end the following:
``(iii) is a foster child.'';
(3) in paragraph (5)(A), by inserting ``a system or network
of family child care homes,'' after ``a family child care
provider,'';
(4) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively;
(5) by inserting after paragraph (7) the following:
``(8) Infants and toddlers.--The term `infants and
toddlers' means children from birth through age 2.'';
(6) by redesignating paragraphs (13) and (14) as paragraphs
(14) and (16), respectively;
(7) by inserting after paragraph (12) the following:
``(13) Special population.--The term `special population'
includes infants and toddlers, children with disabilities or
other special needs, and children who require care during
nontraditional hours.''; and
(8) by inserting after paragraph (14) (as redesignated in
paragraph (6)) the following:
``(15) System or network of family child care homes.--The
term `system or network of family child care homes' means an
organization or agency that has a contractual relationship with
1 or more family child care providers to provide child care
services on a regular basis and that provides administrative
and programmatic support to such providers.''.
TITLE II--QUALITY CHILD CARE INITIATIVES
Subtitle A--Child Care Centers in Federal Facilities
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ``Federal Employees Child Care
Act''.
SEC. 202. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Entity sponsoring a child care center.--The term
``entity sponsoring'', used with respect to a child care
center, means a Federal agency that operates, or an entity that
enters into a contract (including a licensing agreement) with a
Federal agency to operate, a child care center primarily for
the use of Federal employees.
(3) Executive agency.--The term ``Executive agency'' has
the meaning given the term in section 105 of title 5, United
States Code, except that the term--
(A) does not include the Department of Defense and
the Coast Guard; and
(B) includes the General Services Administration,
with respect to the administration of a facility
described in paragraph (4)(B).
(4) Executive facility.--The term ``executive facility''--
(A) means a facility that is owned or leased by an
Executive agency; and
(B) includes a facility that is owned or leased by
the General Services Administration on behalf of a
judicial office.
(5) Federal agency.--The term ``Federal agency'' means an
Executive agency, a legislative office, or a judicial office.
(6) Head.--The term ``head'', used with respect to an
agency, includes the designee of the head of the agency.
(7) Judicial facility.--The term ``judicial facility''
means a facility that is owned or leased by a judicial office
(other than a facility that is also a facility described in
paragraph (4)(B)).
(8) Judicial office.--The term ``judicial office'' means an
entity of the judicial branch of the Federal Government.
(9) Legislative facility.--The term ``legislative
facility'' means a facility that is owned or leased by a
legislative office.
(10) Legislative office.--The term ``legislative office''
means an entity of the legislative branch of the Federal
Government.
(11) State.--The term ``State'' has the meaning given the
term in section 658T of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858n).
SEC. 203. PROVIDING QUALITY CHILD CARE IN FEDERAL FACILITIES.
(a) Executive Facilities.--
(1) State and local licensing requirements.--
(A) In general.--With respect to a child care
center, and the entity sponsoring the child care
center, in an executive facility, the head of the
Executive agency involved shall ensure that the center
and the entity--
(i) comply with child care standards
relating to health, safety, facilities, and
other aspects of child care (including
requirements that child care centers be
inspected for, and be free of, lead hazards)
that are no less stringent than applicable
State or local licensing requirements that are
related to the provision of child care in the
State or locality involved; or
(ii) obtain the applicable State or local
licenses, as appropriate, for the center.
(B) Compliance.--Not later than 6 months after the
date of enactment of this Act--
(i) the head of the Executive agency shall
certify to the appropriate committees of
Congress that the child care center and the
entity sponsoring the child care center are
complying with subparagraph (A); and
(ii) any contract (including a licensing
agreement) used by the Executive agency for the
provision of child care services in the
child care center shall include a condition that the child care be
provided by a child care center and an entity sponsoring the child care
center that comply with the standards described in subparagraph (A)(i)
or obtain the licenses described in subparagraph (A)(ii).
(2) Accreditation standards.--The child care center, and
the entity sponsoring the child care center, shall comply with
the standards of a nationally recognized child care
accreditation entity.
(3) Evaluation and compliance.--
(A) Evaluation.--
(i) In general.--At least annually, the
head of the Executive agency shall evaluate the
compliance with the requirements of paragraphs
(1) and (2), as appropriate, of child care
centers, and entities sponsoring child care
centers, in the executive facilities of the
agency. The head of the Executive agency may
conduct the evaluation of such a child care
center or entity directly, or through an
agreement with another Federal agency, State child care provider
licensing agency, or private entity, other than the Federal agency for
which the child care center is providing services.
(ii) Other evaluator.--
(I) Determination of
noncompliance.--If an evaluator other
than the head of the Executive agency
determines, on the basis of the
evaluation, that the child care center
or entity is not in compliance with the
requirements, the evaluator shall
notify the head of the Executive
agency.
(II) Decision concerning threat to
life or risk of serious bodily harm.--
On making that determination, the
evaluator shall decide, on the basis of
the evaluation, whether any deficiency
in the operation of the child care
center is life threatening or presents
a risk of serious bodily harm and, if
so, shall include that determination in
the notification.
(iii) Head of executive agency.--On
receiving such a notification the head of the
Executive agency shall--
(I) determine whether the child
care or entity is not in compliance
with the requirements; and
(II) if so, decide whether any
deficiency in the operation of the
child care center is life threatening
or presents a risk of serious bodily
harm.
(iv) Report to congress.--If the head of
the Executive agency makes a different
determination under clause (iii)(I) than the
evaluator did under clause (ii)(I), or makes a
different decision under clause (iii)(II) than
the evaluator did under clause (ii)(II), the
head of the Executive agency shall submit to
the appropriate committees of Congress a report
explaining the reasons for the difference.
(B) Effect of noncompliance.--If the head of the
Executive agency determines that the child care center
or entity is not in compliance with the requirements,
the head of the Executive agency shall--
(i) if the entity operating the child care
center is the agency--
(I) not later than 2 business days
after the date of the determination,
correct any deficiencies that the head
of the Executive agency decides are
life threatening or present a risk of
serious bodily harm;
(II) not later than 4 months after
the date of the determination, develop
a plan to correct any other
deficiencies in the operation of the
child care center and bring the center
and entity into compliance with the
requirements;
(III) provide the parents of the
children receiving child care services
at the child care center and employees
of the center with a notification
detailing the deficiencies described in
subclauses (I) and (II) and actions
that will be taken to correct the
deficiencies, and post a copy of the
notification in a conspicuous place in
the center for 5 working days or until
the deficiencies are corrected,
whichever is later;
(IV) bring the child care center
and entity into compliance with the
requirements and verify that the center
and entity are in compliance, based on
an onsite evaluation of the center and
entity conducted by an individual with
expertise in child care health and
safety; and
(V) in the event that deficiencies
that the head of the Executive agency
decides are life threatening or present
a risk of serious bodily harm cannot be
corrected within 2 business days after
the date of the determination, close
the child care center, or the affected
portion of the center, until the
deficiencies are corrected and notify
the appropriate committees of Congress
of the closure; and
(ii) if the entity operating the child care
center is a contractor (including a licensee)
of the Executive agency--
(I) require the contractor, not
later than 2 business days after the
date of the determination, to correct
any deficiencies that the head of the
Executive agency decides are life
threatening or present a risk of
serious bodily harm;
(II) require the contractor, not
later than 4 months after the date of
the determination, to develop and
provide to the head of the agency a
plan to correct any other deficiencies
in the operation of the child care
center and bring the center and entity
into compliance with the requirements;
(III) require the contractor to
provide the parents of the children
receiving child care services at the
child care center and employees of the
center with a notification detailing
the deficiencies described in
subclauses (I) and (II) and actions
that will be taken to correct the
deficiencies, and to post a copy of the
notification in a conspicuous place in
the center for 5 working days or until
the deficiencies are corrected,
whichever is later;
(IV) require the contractor to
bring the child care center and entity
into compliance with the requirements
and certify to the head of the agency
that the center and entity are in
compliance, based on an onsite
evaluation of the center and entity
conducted by an independent entity with
expertise in child care health and
safety; and
(V) in the event that deficiencies
that the head of the Executive agency
decides are life threatening or present
a risk of serious bodily harm cannot be
corrected within 2 business days after
the date of the determination, close
the child care center, or the affected
portion of the center, until the
deficiencies are corrected and notify
the appropriate committees of Congress
of the closure, which closure may be
grounds for the immediate termination or suspension of the contract of
the contractor.
(4) Definition.--In this subsection, the term ``appropriate
committees'' means the Committee on Education and the Workforce
of the House of Representatives, the Committee on Health,
Education, Labor and Pensions of the Senate, and the
appropriate subcommittees of the Committee on Appropriations of
the House of Representatives and of the Committee on
Appropriations of the Senate.
(b) Legislative Facilities.--
(1) Accreditation.--The Chief Administrative Officer of the
House of Representatives, the Librarian of Congress, and the
head of a designated entity in the Senate shall ensure that,
not later than 1 year after the date of enactment of this Act,
the corresponding child care center obtains accreditation by a
nationally recognized child care accreditation entity, in
accordance with the accreditation standards of the entity.
(2) Regulations.--If the corresponding child care center
does not maintain accreditation status with a nationally
recognized child care accreditation entity, the Chief
Administrative Officer of the House of Representatives, the
Librarian of Congress, or the head of the designated entity in
the Senate shall issue regulations governing the operation of
the corresponding child care center, to ensure the safety and
quality of care of children placed in the center. The
regulations shall be no less stringent in content and effect
than the requirements of subsection (a)(1).
(3) Corresponding child care center.--In this subsection,
the term ``corresponding child care center'', used with respect
to the Chief Administrative Officer, the Librarian, or the head
of a designated entity described in paragraph (1), means a
child care center operated by, or under a contract (including a
licensing agreement) with, an office of the House of
Representatives, the Library of Congress, or an office of the
Senate, respectively.
(c) Judicial Branch Standards and Compliance.--
(1) In general.--With respect to a child care center, and
the entity sponsoring the child care center, in a judicial
facility, the head of the judicial office involved shall ensure
that the center and the entity--
(A) comply with child care standards relating to
health, safety, facilities, and other aspects of child
care (including requirements that child care centers be
inspected for, and be free of, lead hazards) that are
no less stringent than applicable State or local
licensing requirements that are related to the
provision of child care in the State or locality
involved; or
(B) obtain the applicable State or local licenses,
as appropriate, for the center.
(2) Accreditation standards.--The child care center, and
the entity sponsoring the child care center, shall comply with
the standards of a nationally recognized child care
accreditation entity.
(3) Evaluation and compliance.--
(A) Director of the administrative office of the
united states courts.--The Director of the
Administrative Office of the United States Courts shall
have the same authorities and duties with respect to
the evaluation and compliance of child care centers,
and entities sponsoring child care centers, in judicial
facilities as the head of an Executive agency has with
respect to the evaluation and compliance of child care
centers and entities sponsoring child care centers, in
executive facilities.
(d) Interagency Council.--
(1) Composition.--The Secretary of Health and Human
Services shall establish an interagency council, comprised of--
(A) representatives of all Executive agencies with
8 or more child care centers sponsored in facilities
owned or leased by an Executive agency, and other
Executive agencies at the election of the heads of such
agencies;
(B) a representative of the Chief Administrative
Officer of the House of Representatives, at the
election of the Chief Administrative Officer;
(C) a representative of the head of the designated
Senate entity described in subsection (b), at the
election of the head of the entity;
(D) a representative of the Librarian of Congress,
at the election of the Librarian; and
(E) a representative of the Director of the
Administrative Office of the United States Courts, at
the election of the Director.
(2) Functions.--The council shall facilitate cooperation
and sharing of best practices, and develop and coordinate
policy, regarding the provision of child care, including the
provision of areas for nursing mothers and other lactation
support facilities and services, in the Federal Government.
(e) Application.--This section shall not apply to a child care
center operated in a facility owned or leased by the General Services
Administration.
SEC. 204. FEDERAL CHILD CARE EVALUATION.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator and the Director of the Office of
Personnel Management shall jointly prepare and submit to Congress a
report that evaluates child care provided by entities sponsoring child
care centers in executive facilities, legislative facilities, or
judicial facilities.
(b) Contents.--The evaluation shall contain, at a minimum--
(1) information on the number of children receiving child
care described in subsection (a), analyzed by age, including
information on the number of those children who are age 6
through 12; and
(2) recommendations for improving the quality and cost-
effectiveness of child care described in subsection (a),
including recommendations of options for creating an optimal
organizational structure and using best practices for the
delivery of the child care.
SEC. 205. MISCELLANEOUS PROVISIONS RELATING TO CHILD CARE PROVIDED BY
FEDERAL AGENCIES.
(a) Availability of Federal Child Care Centers for Onsite
Contractors; Percentage Goal.--Section 616 of the Act of December 22,
1987 (40 U.S.C. 490b) is amended--
(1) in subsection (a)--
(A) by striking ``officer or agency of the United
States'' and inserting ``Federal agency or officer of a
Federal agency''; and
(B) by striking paragraphs (2) and (3) and
inserting the following:
``(2) the officer or agency determines that the space will
be used to provide child care and related services to--
``(A) children of Federal employees or onsite
Federal contractors; or
``(B) dependent children who live with Federal
employees or onsite Federal contractors; and
``(3) the officer or agency determines that the individual
or entity will give priority for available child care and
related services in the space to Federal employees and onsite
Federal contractors.''; and
(2) by adding at the end the following:
``(f)(1)(A) The Administrator of General Services shall confirm
that at least 50 percent of aggregate enrollment in Federal child care
centers governmentwide are children of Federal employees or onsite
Federal contractors, or dependent children who live with Federal
employees or onsite Federal contractors.
``(B) Each provider of child care services at an individual Federal
child care center shall maintain 50 percent of the enrollment at the
center of children described under subparagraph (A) as a goal for
enrollment at the center.
``(C)(i) If enrollment at a center does not meet the percentage
goal under subparagraph (B), the provider shall develop and implement a
business plan with the sponsoring Federal agency to achieve the goal
within a reasonable timeframe.
``(ii) The plan shall be approved by the Administrator of General
Services based on--
``(I) compliance of the plan with standards established by
the Administrator; and
``(II) the effect of the plan on achieving the aggregate
Federal enrollment percentage goal.
``(2) The Administrator of General Services may enter into public-
private partnerships or contracts with nongovernmental entities to
increase the capacity, quality, affordability, or range of child care
and related services and may, on a demonstration basis, waive
subsection (a)(3) and paragraph (1) of this subsection.''.
(b) Payment of Costs of Training Programs.--Section 616(b)(3) of
such Act (40 U.S.C. 490b(b)(3)) is amended to read as follows:
``(3) If a Federal agency has a child care facility in a Federal
space, or is a sponsoring agency for a child care facility in a Federal
space, the agency or the General Services Administration may pay
accreditation fees, including renewal fees, for that center to be
accredited. Any Federal agency that provides or proposes to provide
child care services for children referred to in subsection (a)(2), may
reimburse any Federal employee or any person employed to provide the
services for the costs of training programs, conferences, and meetings
and related travel, transportation, and subsistence expenses incurred
in connection with those activities. Any per diem allowance made under
this section shall not exceed the rate specified in regulations
prescribed under section 5707 of title 5, United States Code.''.
(c) Technical and Conforming Amendments.--Section 616(c) of such
Act (40 U.S.C. 490b(c)) is amended--
(1) by inserting ``Federal'' before ``child care centers'';
and
(2) by striking ``Federal workers'' and inserting ``Federal
employees''.
(d) Provision of Child Care by Private Entities.--Section 616(d) of
such Act (40 U.S.C. 490b(d)) is amended to read as follows:
``(d)(1) If a Federal agency has a child care facility in a Federal
space, or is a sponsoring agency for a child care facility in a Federal
space, the agency, the child care center board of directors, or the
General Services Administration may enter into an agreement with 1 or
more private entities under which the private entities would assist in
defraying the general operating expenses of the child care providers
including salaries and tuition assistance programs at the facility.
``(2)(A) Notwithstanding any other provision of law, if a Federal
agency does not have a child care program, or if the Administrator of
General Services has identified a need for child care for Federal
employees at a Federal agency providing child care services that do not
meet the requirements of subsection (a), the agency or the
Administrator may enter into an agreement with a non-Federal, licensed,
and accredited child care facility, or a planned child care facility
that will become licensed and accredited, for the provision of child
care services for children of Federal employees.
``(B) Before entering into an agreement, the head of the Federal
agency shall determine that child care services to be provided through
the agreement are more cost-effectively provided through the
arrangement than through establishment of a Federal child care
facility.
``(C) The Federal agency may provide any of the services described
in subsection (b)(3) if, in exchange for the services, the facility
reserves child care spaces for children referred to in subsection
(a)(2), as agreed to by the parties. The cost of any such services
provided by a Federal agency to a Federal child care facility on behalf
of another Federal agency shall be reimbursed by the receiving agency.
``(3) This subsection does not apply to residential child care
programs.''.
(e) Pilot Projects.--Section 616 of such Act (40 U.S.C. 490b) is
further amended by adding at the end the following:
``(g)(1) Upon approval of the agency head, a Federal agency may
conduct a pilot project not otherwise authorized by law for no more
than 2 years to test innovative approaches to providing alternative
forms of quality child care assistance for Federal employees. A Federal
agency head may extend a pilot project for an additional 2-year period.
Before any pilot project may be implemented, a determination shall be
made by the agency head that initiating the pilot project would be more
cost-effective than establishing a new Federal child care facility.
Costs of any pilot project shall be paid solely by the agency
conducting the pilot project.
``(2) The Administrator of General Services shall serve as an
information clearinghouse for pilot projects initiated by other Federal
agencies to disseminate information concerning the pilot projects to
the other Federal agencies.
``(3) Within 6 months after completion of the initial 2-year pilot
project period, a Federal agency conducting a pilot project under this
subsection shall provide for an evaluation of the impact of the project
on the delivery of child care services to Federal employees, and shall
submit the results of the evaluation to the Administrator of General
Services. The Administrator shall share the results with other Federal
agencies.''.
(f) Definitions.--Section 616 of such Act (40 U.S.C. 490b) is
further amended by adding at the end the following:
``(h) In this section:
``(1) The term `Federal agency' has the meaning given the
term `Executive agency' in section 202 of the Federal Employees
Child Care Act.
``(2) The terms `Federal building' and `Federal space' have
the meanings given the term `executive facility' in such
section 202.
``(3) The term `Federal child care center' means a child
care center in an executive facility, as defined in such
section 202.
``(4) The terms `Federal contractor' and `Federal employee'
mean a contractor and an employee, respectively, of an
Executive agency, as defined in such section 202.''.
Subtitle B--Technical and Financial Assistance Grants
SEC. 211. GRANTS.
(a) Definitions.--In this section:
(1) Child care facility.--The term ``child care facility''
means a center-based or home-based child care facility.
(2) Eligible intermediary.--The term ``eligible
intermediary'' means a private, nonprofit intermediary
organization or Indian tribe or tribal organization that has
demonstrated experience in--
(A) providing technical or financial assistance for
the construction and renovation of physical facilities;
(B) providing technical or financial assistance to
child care providers; and
(C) securing private sources for capital financing
of child care or low-income community development.
(3) Eligible recipient.--The term ``eligible recipient''
means--
(A) any existing or new center-based or home-based
child care provider that provides services to eligible
children under a program carried out under the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.), or another program serving low-income
children as determined by the Secretary; and
(B) any organization in the process of establishing
a center-based or home-based child care program or
otherwise seeking to provide child care services to
children described in subparagraph (A).
(4) Indian tribe; tribal organization.--The terms ``Indian
tribe'' and ``tribal organization'' have the meanings given the
terms in section 658T of the Child Care and Development Block
Grant Act of 1990.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Grant Authority.--The Secretary may award grants on a
competitive basis in accordance with this section to eligible
intermediaries to assist the intermediaries in carrying out the
activities described in subsection (e).
(c) Applications.--To be eligible to receive a grant under this
section an eligible intermediary shall submit to the Secretary an
application, in such form and containing such information as the
Secretary may require.
(d) Priority.--
(1) In general.--In awarding grants under this section the
Secretary shall give priority to applicants under subsection
(c) that propose to assist eligible recipients that serve low-
income areas, such as--
(A) a community that--
(i) is in a metropolitan area; and
(ii) has a median household income that is
not more than 80 percent of the median
household income of the metropolitan area; or
(B) a community that--
(i) is not in a metropolitan area; and
(ii) has a median income that is not more
than 80 percent of the median household income
of the State in which the community is located.
(2) Definition.--In this subsection, the term
``metropolitan area'' has the meaning given the term in section
102 of the Housing and Community Development Act of 1974 (42
U.S.C. 5302).
(e) Use of Funds.--
(1) Revolving fund.--Each eligible intermediary that
receives a grant under this section shall deposit the grant
amount into a child care revolving fund established by the
eligible intermediary.
(2) Payments from fund.--Subject to subsection (f), from
amounts deposited into the revolving fund under paragraph (1),
each eligible intermediary shall provide technical and
financial assistance (in the form of loans, grants,
investments, guarantees, interest subsidies, and other
appropriate forms of assistance) to eligible recipients to pay
for the Federal share of the cost of the acquisition,
construction, or improvement of child care facilities or
equipment, or for the improvement of related management and
business practices, for each such recipient. The amounts may be
used solely for the purpose of providing technical or financial
assistance.
(3) Loan repayments and investment proceeds.--Any amount
received by an eligible intermediary from an eligible recipient
in the form of a loan repayment or investment proceeds shall be
deposited into the child care revolving fund of the eligible
intermediary for redistribution to other eligible recipients in
accordance with this section.
(f) Federal Share.--
(1) In general.--The Federal share of the cost described in
subsection (e)(2) shall be not more than 50 percent.
(2) Non-federal share.--The non-Federal share of the cost
may be provided in cash or in kind, fairly evaluated, including
plant, equipment, or services.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2003 through 2007.
Subtitle C--Improving the Availability of Books
SEC. 221. SHORT TITLE.
This subtitle may be cited as the ``Book Stamp Act''.
SEC. 222. FINDINGS.
Congress finds the following:
(1) Literacy is fundamental to all learning.
(2) Between 40 and 60 percent of the Nation's children do
not read at grade level, particularly children in families or
school districts that are challenged by significant financial
or social instability.
(3) Increased investments in child literacy are needed to
improve opportunities for children and the efficacy of the
Nation's education investments.
(4) Increasing access to books in the home is an important
means of improving child literacy, which can be accomplished
nationally at modest cost.
(5) Effective channels for book distribution already exist
through child care providers, hospitals, pediatrician's
offices, entities carrying out faith-based programs, and
entities carrying out early literacy programs.
SEC. 223. DEFINITIONS.
In this subtitle:
(1) Early learning program.--The term ``early learning'',
used with respect to a program, means a program of activities
designed to facilitate development of cognitive, language,
motor, and social-emotional skills in children under age 6 as a
means of enabling the children to enter school ready to learn,
such as a Head Start or Early Head Start program carried out
under the Head Start Act (42 U.S.C. 9831 et seq.), or a State
pre-kindergarten program.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(3) State.--The term ``State'' means the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
the United States Virgin Islands, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(4) State agency.--The term ``State agency'' means an
agency designated under section 658D of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858b).
SEC. 224. GRANTS TO STATE AGENCIES.
(a) Establishment of Program.--The Secretary shall establish and
carry out a program to promote child literacy and improve children's
access to books at home and in early learning, child care, literacy,
and nutrition programs, by making books available through early
learning programs, child care programs, hospital-based or clinic-based
literacy programs, library-based literacy programs, nutrition programs
at clinics described in section 226(a)(2)(A)(v), faith-based literacy
programs, and other literacy programs.
(b) Grants.--
(1) In general.--In carrying out the program, the Secretary
shall make grants to State agencies from allotments determined
under paragraph (2).
(2) Allotments.--For each fiscal year, the Secretary shall
allot to each State an amount that bears the same ratio to the
total of the available funds for the fiscal year as the amount
the State receives under section 658O(b) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858m(b)) for
the fiscal year bears to the total amount received by all
States under that section for the fiscal year.
(c) Applications.--To be eligible to receive an allotment under
this section, a State shall submit an application to the Secretary at
such time, in such manner, and containing such information as the
Secretary may require.
(d) Accountability.--The provisions of sections 658M(b) and 658K(b)
of the Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858g(b), 9858i(b)) shall apply to State agencies receiving grants
under this subtitle, except that references in those sections--
(1) to a subchapter shall be considered to be references to
this subtitle; and
(2) to a plan or application shall be considered to be
references to an application submitted under subsection (c).
(e) Definition.--In this section, the term ``available funds'',
used with respect to a fiscal year, means the total of--
(1) the funds made available under section 417(c)(1) of
title 39, United States Code, for the fiscal year; and
(2) the amounts appropriated under section 229 for the
fiscal year.
SEC. 225. CONTRACTS TO CHILD CARE RESOURCE AND REFERRAL ORGANIZATIONS.
A State agency that receives a grant under section 224 shall use
funds made available through the grant to enter into contracts with
local child care resource and referral organizations to carry out the
activities described in section 226. The State agency may reserve not
more than 3 percent of the funds made available through the grant to
support a public awareness campaign relating to the activities.
SEC. 226. USE OF FUNDS.
(a) Activities.--
(1) Book payments for eligible providers.--A child care
resource and referral organization that receives a contract
under section 225 shall use the funds made available through
the grant to provide payments for eligible providers, on the
basis of local needs, to enable the providers to make books
available to promote child literacy and improve children's
access to books at home and in early learning, child care,
literacy, and nutrition programs.
(2) Eligible providers.--To be eligible to receive a
payment under paragraph (1), a provider shall--
(A)(i) be a center-based child care provider, a
group home child care provider, or a family child care
provider, described in section 658T(5)(A) of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858n(5)(A));
(ii) be a Head Start agency designated under
section 641 of the Head Start Act (42 U.S.C. 9836), an
entity that receives assistance under section 645A of
such Act (42 U.S.C. 9840a) to carry out an Early Head
Start program, or another provider of an early learning
program;
(iii) be an entity that carries out a hospital-
based or clinic-based literacy program;
(iv) be an entity that carries out a library-based
literacy program serving children under age 6;
(v) be an entity that carries out a nutrition
program at a clinic (as defined in part 246.2 of title
7, Code of Federal Regulations (or any corresponding
similar regulation or ruling)) under section 17(b)(6)
of the Child Nutrition Act of 1966 (42 U.S.C.
1786(b)(6));
(vi) be an entity that carries out a faith-based
literacy program serving children under age 6; or
(vii) be another entity carrying out a literacy
program serving children under age 6; and
(B) provide services in an area where children face
high risks of literacy difficulties, as defined by the
Secretary.
(b) Responsibilities.--A child care resource and referral
organization that receives a contract under section 225 to provide
payments to eligible providers shall--
(1) consult with local individuals and organizations
concerned with early literacy (including parents, teachers,
pediatricians, directors of the special supplemental nutrition
program for women, infants, and children established by section
17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786),
literacy coalitions, and organizations carrying out the Reach
Out and Read, First Book, and Reading Is Fundamental programs)
regarding local book distribution needs;
(2) make reasonable efforts to learn public demographic and
other information about local families and child literacy
programs carried out by the eligible providers, as needed to
inform the agency's decisions as the agency carries out the
contract;
(3) coordinate local orders of the books made available
under this subtitle;
(4) distribute, to each eligible provider that receives a
payment under this subtitle, not fewer than 1 book every 6
months for each child served by the provider for more than 3 of
the preceding 6 months;
(5) use not more than 5 percent of the funds made available
through the contract to provide training and technical
assistance to the eligible providers on the effective use of
books with young children at different stages of development;
and
(6) be a training resource for eligible providers that want
to offer parent workshops on developing reading readiness.
(c) Discounts.--
(1) In general.--Federal funds made available under this
subtitle for the purchase of books may only be used to purchase
books on the same terms as are customarily available in the
book industry to entities carrying out nonprofit bulk book
purchase and distribution programs.
(2) Terms.--An entity offering books for purchase under
this subtitle shall be presumed to have met the requirements of
paragraph (1), absent contrary evidence, if the terms include a
discount of 43 percent off the catalogue price of the books,
with no additional charge for shipping and handling of the
books.
(d) Administration.--The child care resource and referral
organization may not use more than 6 percent of the funds made
available through the contract for administrative costs.
SEC. 227. REPORT TO CONGRESS.
Not later than 2 years after the date of enactment of this Act, the
Secretary shall prepare and submit to Congress a report on the
implementation of the activities carried out under this subtitle.
SEC. 228. SPECIAL POSTAGE STAMPS FOR CHILD LITERACY.
Chapter 4 of title 39, United States Code is amended by adding at
the end the following:
``Sec. 417. Special postage stamps for child literacy
``(a) In order to afford the public a convenient way to contribute
to funding for child literacy, the Postal Service shall establish a
special rate of postage for first-class mail under this section. The
stamps that bear the special rate of postage shall promote childhood
literacy and shall, to the extent practicable, contain an image
relating to a character in a children's book or cartoon.
``(b)(1) The rate of postage established under this section--
``(A) shall be equal to the regular first-class rate of
postage, plus a differential of not to exceed 25 percent;
``(B) shall be set by the Governors in accordance with such
procedures as the Governors shall by regulation prescribe (in
lieu of the procedures described in chapter 36); and
``(C) shall be offered as an alternative to the regular
first-class rate of postage.
``(2) The use of the special rate of postage established under this
section shall be voluntary on the part of postal patrons.
``(c)(1) Of the amounts becoming available for child literacy
pursuant to this section, the Postal Service shall pay 100 percent to
the Department of Health and Human Services.
``(2) Payments made under this subsection to the Department shall
be made under such arrangements as the Postal Service shall by mutual
agreement with such Department establish in order to carry out the
objectives of this section, except that, under those arrangements,
payments to such agency shall be made at least twice a year.
``(3) In this section, the term `amounts becoming available for
child literacy pursuant to this section' means--
``(A) the total amounts received by the Postal Service that
the Postal Service would not have received but for the
enactment of this section; reduced by
``(B) an amount sufficient to cover reasonable costs
incurred by the Postal Service in carrying out this section,
including costs attributable to the printing, sale, and
distribution of stamps under this section,
as determined by the Postal Service under regulations that the Postal
Service shall prescribe.
``(d) It is the sense of Congress that nothing in this section
should--
``(1) directly or indirectly cause a net decrease in total
funds received by the Department of Health and Human Services,
or any other agency of the Government (or any component or
program of the Government), below the level that would
otherwise have been received but for the enactment of this
section; or
``(2) affect regular first-class rates of postage or any
other regular rates of postage.
``(e) Special postage stamps made available under this section
shall be made available to the public beginning on such date as the
Postal Service shall by regulation prescribe, but in no event later
than 12 months after the date of enactment of this section.
``(f) The Postmaster General shall include in each report provided
under section 2402, with respect to any period during any portion of
which this section is in effect, information concerning the operation
of this section, except that, at a minimum, each report shall include
information on--
``(1) the total amounts described in subsection (c)(3)(A)
that were received by the Postal Service during the period
covered by such report; and
``(2) of the amounts described in paragraph (1), how much
(in the aggregate and by category) was required for the
purposes described in subsection (c)(3)(B).
``(g) This section shall cease to be effective at the end of the 2-
year period beginning on the date on which special postage stamps made
available under this section are first made available to the public.''.
SEC. 229. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle,
$50,000,000 for each of fiscal years 2003 through 2007.
TITLE III--EARLY CARE AND EDUCATION
SEC. 301. SHORT TITLE.
This title may be cited as the ``Early Care and Education Act''.
SEC. 302. FINDINGS.
Congress makes the following findings:
(1) Early childhood, which is the period in a child's life
from birth through age 6, is a critical time for children to
develop the physical, emotional, social, and cognitive skills
that the children will need for the rest of their lives.
(2) Young children receive care in a wide variety of
settings. While 38 percent of those children receive care
solely from their parents, the remaining 62 percent receive
care through a variety of full-time and part-time arrangements,
including care by relatives, by nonrelatives (in a variety of
home-based settings), and through center-based programs.
(3) Federal and State governments invest more than
$18,000,000,000 annually to help families (particularly low-
income families) access early care and early education
activities. Yet, despite this investment, not all children are
entering school prepared to learn.
(4) Learning is an active process that begins at birth, is
dependent on the existence of strong and stable relationships,
is influenced by a child's physical, emotional, social, and
cognitive capacities, and is shaped by a combination of biology
and experience.
(5) Before children reach age 2, measurable differentiation
in their development and skills begins to appear. In the
absence of intervention, that differentiation may increase over
the preschool years.
(6) Research shows that parental involvement and a stable
and well-educated workforce are important factors in improving
the quality of early care and early education programs and
improving outcomes for children.
(7) The cognitive, social, and emotional development of
young children can be enhanced through parental involvement and
high-quality early care and early education activities that
motivate children to learn to read in order to benefit from
classroom instruction.
(8) Research indicates that successful academic achievement
in education programs for children in kindergarten and grades 1
through 12 is linked to participation in high quality early
care and early education activities.
SEC. 303. PURPOSES.
The purposes of this title are--
(1) to encourage States to improve the quality and
availability of early learning opportunities and activities for
young children;
(2) to develop and retain a well-educated and trained early
childhood workforce;
(3) to promote school preparedness by encouraging children,
families, and caregivers (in a variety of home-based and out-
of-home settings) to engage in a variety of highly interactive,
developmentally appropriate, and age-appropriate activities,
during the first 6 years of the children's lives, that will--
(A) improve the children's social, emotional, and
behavioral skills; and
(B) foster their early cognitive and literacy
development; and
(4) to promote parental and family involvement in the
education of young children.
SEC. 304. DEFINITIONS.
In this title:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(2) Secretaries.--The term ``Secretaries'' means the
Secretary of Education and the Secretary of Health and Human
Services, as specified in a memorandum of understanding entered
into by the Secretaries.
(3) State.--The term ``State'' means any of the several
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
(4) Young child.--The term ``young child'' means an
individual under the age of compulsory school attendance in the
State where the child resides.
SEC. 305. ALLOTMENT FORMULA.
(a) Reservations.--
(1) Indian tribes, alaska natives, and native hawaiians.--
(A) In general.--From the funds appropriated under
section 319 for a fiscal year, the Secretaries--
(i) shall reserve 1 percent of such funds
for the Secretary of the Interior for incentive
grants and bonus grants to Indian tribes (other
than Regional Corporations);
(ii) shall reserve 0.2 percent of such
funds for incentive grants and bonus grants to
Regional Corporations; and
(iii) shall reserve 0.2 percent of such
funds for incentive grants and bonus grants to
Native Hawaiian entities.
(B) Requirements.--The provisions of this title
(other than subsections (b) and (c)) that apply to a
State shall apply to an entity receiving funds under
this paragraph, in the manner and to the extent
provided by the Secretary of the Interior, or by the
Secretaries, as appropriate.
(C) Definitions.--In this paragraph:
(i) Indian tribe.--The term ``Indian
tribe'' has the meaning given the term in
section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C.
450b(e)).
(ii) Regional corporation.--The term
``Regional Corporation'' has the meaning given
the term in section 419(4)(B) of the Social
Security Act (42 U.S.C. 619(4)(B)).
(2) Administration.--The Secretaries shall reserve not more
than 5 percent of the funds appropriated under section 319 for
each fiscal year to carry out the administration of this title,
including section 310(g)(3)(B).
(b) State Allotments.--
(1) In general.--Subject to paragraph (2), from the funds
appropriated under section 319 for each fiscal year and
remaining after the reservations made under subsection (a), the
Secretaries--
(A) shall reserve 20 percent of the funds to make
grants under section 310(a); and
(B) from the balance, shall allot to each State an
amount equal to the sum of--
(i) an amount that bears the same ratio to
50 percent of such balance as the number of
individuals under age 6 in the State bears to
the number of such individuals in all States;
and
(ii) an amount that bears the same ratio to
50 percent of such balance as the number of
children in poverty in the State bears to the
number of such children in all States.
(2) Small state minimum allotment.--The Secretaries shall
ensure that no State shall receive an allotment under paragraph
(1)(B) for a fiscal year that is less than \1/3\ of 1 percent
of the balance described in paragraph (1)(B) for the fiscal
year.
(c) Definitions.--In this section:
(1) Child in poverty.--The term ``child in poverty'' means
an individual under age 6 from a family with an income below
the poverty line.
(2) Poverty line.--The term ``poverty line'' means the
income official poverty line (as defined by the Office of
Management and Budget, and revised annually in accordance with
section 673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2))) applicable to a family of the size involved.
SEC. 306. GENERAL INCENTIVE GRANTS.
(a) Program.--The Secretaries shall establish and carry out an
incentive grant program.
(b) Grants.--In carrying out the program, the Secretaries shall
award grants to eligible States, to enable the States to develop or
enhance high-quality systems of early care and early education programs
and activities, designed to improve school preparedness, by increasing
and making effective use of existing and new delivery systems and funds
for early care and early education. The Secretaries shall award the
grants from allotments made under section 305(b)(1)(B).
SEC. 307. LEAD AGENCY AND ADVISORY COUNCIL.
(a) Lead Agency.--The chief executive officer of a State desiring
to receive a grant under this title shall designate an agency (which
may be an appropriate collaborative agency), or establish a joint
interagency office, to serve as the lead agency for the State under
this title.
(b) Advisory Council.--
(1) In general.--The chief executive officer of a State
desiring to receive a grant under this title shall designate or
establish a council to serve as the advisory council for the
State under this title.
(2) Composition.--In designating or establishing the
council, the chief executive officer--
(A) may designate an existing entity (as of the
date of the designation) to serve as the council; and
(B) shall include in the council--
(i) representatives of agencies responsible
for administering early care and early
education programs in the State;
(ii) parents; and
(iii) a wide array of persons interested in
and involved with early care and early
education issues in the State, such as
representatives of--
(I) the State educational agency
and local educational agencies;
(II) the State Head Start
Association;
(III) early childhood education
professionals;
(IV) kindergarten teachers and
teachers in grades 1 through 4;
(V) health care professionals;
(VI) child welfare agencies;
(VII) child care resource and
referral organizations;
(VIII) child care providers;
(IX) State Interagency Coordinating
Councils established under section 641
of the Individuals with Disabilities
Education Act (20 U.S.C. 1441);
(X) the State agency with
responsibility for the special
supplemental nutrition program for
women, infants, and children
established by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786);
(XI) institutions of higher
education;
(XII) other agencies that provide
resources for young children;
(XIII) religious and business
leaders;
(XIV) State legislators and local
officials; and
(XV) other relevant entities in the
State.
(3) Duties.--The State advisory council shall conduct local
needs assessments in order to advise and assist the lead agency
and chief executive officer in the development of the State
plans and application described in section 308.
(c) State Plans and Application.--The chief executive officer and
the lead agency shall, after consultation with the advisory council,
develop the State plans and application.
SEC. 308. STATE PLANS AND APPLICATION.
(a) In General.--To be eligible to receive funds under this title,
a State shall prepare and submit to the Secretaries an application, for
a 2-year period, at such time, in such manner, and containing such
information as the Secretaries shall require, including--
(1) information identifying the agency or joint interagency
office that serves as the lead agency for the State;
(2) a State plan that--
(A) identifies barriers in the State to the
effective use of Federal, State, and local public
funds, and private funds, for early care and early
education that are available to the State on the date
on which the application is submitted;
(B) specifies, for each fiscal year, how the State
will use funds made available under this title,
including how the State will make effective use of such
funds, and the funds described in subparagraph (A), in
order to create an early childhood education system, by
developing or enhancing a high-quality system of early
care and early education programs and activities,
designed to ensure that all children, including
children from economically or otherwise disadvantaged
families, enter school prepared to learn; and
(C) provides information that describes how the
State is working to measurably improve the overall
school preparedness of children, while taking into
consideration the age of the children and the setting
in which the early care and early education programs
and activities are provided;
(3) a description of how the State, in order to expand
accessibility and continuity of quality early care and early
education, will coordinate the early childhood education
activities assisted under this title with--
(A) programs carried out under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858 et
seq.);
(B) programs carried out under the Head Start Act
(42 U.S.C. 9831 et seq.), including the Early Head
Start programs carried out under section 645A of that
Act (42 U.S.C. 9840a);
(C)(i) Early Reading First and Even Start programs
carried out under subparts 2 and 3 of part B of title I
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6371 et seq., 6381 et seq.);
(ii) other preschool programs carried out under
title I of that Act (20 U.S.C. 6301 et seq.); and
(iii) the Ready-to-Learn Television program carried
out under subpart 3 of part D of title II of that Act
(20 U.S.C. 6775 et seq.);
(D) programs carried out under part C of the
Individuals with Disabilities Education Act (20 U.S.C.
1431 et seq.);
(E) State pre-kindergarten programs; and
(F) other early childhood education programs;
(4)(A) a description of performance goals to be achieved by
the State through activities assisted under this title; and
(B) the performance outcome measures the State will use to
evaluate progress toward achieving such goals;
(5) a description of how the State will address children
with special needs and children from economically or otherwise
disadvantaged families through activities in a way that
recognizes the role of parents as a child's primary and most
important teachers;
(6) a description of the State's voluntary program
guidelines for early care and early education programs, the
State's general goals for school preparedness for children
entering kindergarten (developed in consultation with the local
educational agencies in the State), and a description of
suggested activities for parents and caregivers to offer young
children that can improve the children's preparedness for
school;
(7) a description of a State workforce development plan
that--
(A) ensures comprehensive training for early
childhood education professionals that is linked to a
compensation package; and
(B) creates a career ladder that is ultimately tied
to higher education;
(8) a description of how the State will create linkages
between formal early care and early education programs, and
elementary education programs, to ensure a smooth transition
from preschool to elementary school; and
(9) a description of a State plan--
(A) to ensure that institutions of higher
education, providers of community-based training that
is not provided for course credit, and other qualified
providers, in the State that offer programs and
training for early childhood education professionals,
use curricula that will prepare early childhood
education professionals to effectively implement
curricula identified as scientifically based and
effective to prepare young children to succeed in
school; and
(B) to promote better access to the programs and
training.
(b) Unified Plan.--The State plan described in subsection (a)(2)
may be a unified plan that includes the State plan described in section
658E of the Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858c).
SEC. 309. USE OF FUNDS.
(a) In General.--A State that receives funds under this title may
only use the funds to--
(1) improve the quality of early care and early education
programs and activities through training activities, education,
and professional development, that relate to scientifically-
based early childhood teaching strategies, to early childhood
competencies, and to appropriate early childhood developmental
activities, and through wage incentive programs and recruitment
and retention incentives for early childhood professionals;
(2)(A) conduct State and local needs assessments, including
assessments of the needs of disadvantaged communities, and
evaluations on the extent to which the State is achieving the
performance goals and performance outcome measures described in
the State applications submitted under sections 308 and 310;
and
(B) evaluate the effectiveness of programs and services
offered in the State to young children;
(3) provide training and technical assistance to health
care providers on conducting child development analyses as part
of normal routine physical examinations;
(4) provide information to parents on age-appropriate
developmental activities and resources that will assist in
their child's overall development, including language and
literacy development;
(5)(A) conduct a campaign to improve public awareness of
early childhood development (including early literacy) and
activities that can help children reach social, emotional, and
cognitive milestones;
(B) carry out the campaign through a joint venture between
the State and existing for-profit and nonprofit entities in the
State (existing as of the date the campaign begins); and
(C) in carrying out the campaign, ensure broad access to
and distribution of information in a form that is easily
understood by parents, including ensuring that the
information--
(i) is accessible through mass media, including
public television; and
(ii) is distributed in physician's offices, offices
of the special supplemental nutrition program for
women, infants, and children established by section 17
of the Child Nutrition Act of 1966 (42 U.S.C. 1786),
libraries, public and private schools, and child care
centers;
(6) support voluntary programs (such as the Parents as
Teachers, Reach Out and Read, and Home Instruction Program for
Preschool Youngsters programs) that provide training,
mentoring, information to parents on child development and age-
appropriate activities (which may include parent-child learning
opportunities), and other resources, that have been shown to
improve a child's early literacy, school preparedness, and
overall development; and
(7) support or improve existing (as of the date of receipt
of the funds) Federal, State, or local programs and projects
(including quality improvement activities authorized under the
Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.) and activities authorized under the Early
Learning Opportunities Act (20 U.S.C. 9401 et seq.), except
section 808(b)(6) of that Act (20 U.S.C. 9407(b)(6))) that--
(A) are consistent with the State applications
submitted under sections 308 and 310 as approved by the
Secretaries; and
(B) are linked to improving school preparedness as
determined by an appropriate performance outcome
measure described in section 310(f)(2).
(b) Limitation on Administrative Costs.--A State that receives
funds under this title for a fiscal year may use not more than 5
percent of the funds to pay for administrative costs incurred by such
State to carry out the State's functions and duties under this title.
SEC. 310. STATE IMPROVEMENT BONUS GRANTS.
(a) In General.--The Secretaries shall use the funds described in
section 305(b)(1)(A) to make bonus grants to States to enable States to
make, and to reward States that have demonstrated, measurable progress
in achieving the performance outcome measures described in subsection
(f)(2).
(b) Development.--For each fiscal year before the year described in
subsection (c), the Secretaries shall use the funds to make grants
under subsection (a) to States--
(1) to develop and establish the performance goals and
performance outcome measures described in subsection (f)(2);
and
(2) for State improvement through activities described in
section 309.
(c) Progress on Competencies and Retention.--For the first fiscal
year for which not less than $500,000,000 is appropriated under section
319 and that is not earlier than the third full fiscal year after the
date of enactment of this Act, the Secretaries shall use the funds to
make bonus grants under subsection (a) to States that the Secretaries
determine have shown measurable progress in achieving the appropriate
performance outcome measures described in subsection (f)(2) as
demonstrated by--
(1) improved competencies relating to the knowledge and
skills of early childhood providers, compared to the previous
year; and
(2) increased retention of competent providers described in
paragraph (1), compared to the previous year.
(d) Progress on School Preparedness.--
(1) In general.--For each fiscal year after the year
described in subsection (c), the Secretaries shall use the
funds to make bonus grants under subsection (a) to States that
the Secretaries determine have shown measurable progress in
achieving the performance outcome measures described in
subsection (f)(2)--
(A) as demonstrated by the improved competencies
and increased retention described in subsection (c);
and
(B) as demonstrated by increased school
preparedness of the kindergartners in the State,
compared with the previous year.
(2) Equal weight.--In determining whether States have shown
the measurable progress described in paragraph (1), the
Secretaries shall give equal weight to progress demonstrated as
described in paragraph (1)(A) and progress demonstrated as
described in paragraph (1)(B).
(e) Amount.--In making a bonus grant to a State under subsection
(a) for a fiscal year, the Secretaries shall make the grant in an
amount equal to 20 percent of the total amount of the State's general
incentive grant under section 306, and the State's bonus grant under
subsection (a), for that fiscal year.
(f) Application.--
(1) In general.--To be eligible to receive a bonus grant
under subsection (a), a State shall submit an application to
the Secretaries at such time, in such manner, and containing
such information as the Secretaries may require.
(2) Goals and measures.--A State that submits an
application under this subsection for a year described in
subsection (c) or (d) shall include in the application--
(A) a description of performance goals to be
achieved by the State through activities assisted under
this title, relating to the improved competencies and
increased retention referred to in subsection (c) and
the increased school preparedness referred to in
subsection (d); and
(B) the performance outcome measures the State will
use to evaluate progress toward achieving such goals.
(g) Indicators and Measures.--
(1) Panel.--
(A) In general.--The Board on Children, Youth, and
Families of the National Research Council, and the
Institute of Medicine, of the National Academy of
Sciences shall establish an independent panel of
experts to provide guidance and technical assistance to
the States in the task of assessing progress in--
(i) improving competencies and increasing
retention as described in subsection (c); and
(ii) increasing school preparedness of the
kindergartners in the State.
(B) Composition.--The panel of experts shall
include, to the extent practicable, representatives of
the Centers for Disease Control and Prevention, the
National Institute of Mental Health, the National
Institute of Child Health and Human Development, the
National Association for the Education of Young
Children, the National Center for Learning
Disabilities, the American Academy of Pediatrics, the
Office of Educational Research and Improvement of the
Department of Education, the General Accounting Office,
and other noted experts in the field of early care and
early education.
(C) Timing.--The Board and the Institute of
Medicine shall establish the panel not later than 90
days after the date of enactment of this Act.
(2) Measures.--Not later than the last day of the first
full fiscal year after the date of enactment of this Act, the
panel described in paragraph (1) shall--
(A) identify indicators, measures, and assessments
for competencies described in subsection (c)(1); and
(B)(i) generate an inventory of science-based
indicators of cognitive, language, social, emotional,
and physical development, and age-appropriate
competencies in early literacy and numeracy; and
(ii) identify a selection of valid and reliable
measures for those indicators, including measures from
scientifically validated assessments, systematic
observational measures, and measures from parent and
teacher inputs.
(3) Use of measures.--
(A) In general.--In making the demonstration
described in subsection (c)(1) or (d)(1)(B) in an
application submitted under subsection (f), a State may
use any of the measures identified under subparagraph (A) or (B),
respectively, of paragraph (2), or may use an alternative evaluation
approach identified in the application.
(B) Assistance.--The Secretaries shall provide to
States that elect to use a measure identified under
subparagraph (A) or (B) of paragraph (2), assistance in
implementing the measure.
(h) Results.--Assessment results may be used to make the
demonstration described in subsection (d)(1)(B) for a State only if--
(1) the assessment is conducted on a scientifically derived
sample of children across the State;
(2) the assessment is conducted on kindergarten children by
certified or licensed teachers; and
(3) the State certifies to the Secretaries that the
assessment tools are--
(A) valid and reliable and used only for the
purposes of making the demonstration;
(B) age appropriate for the population served;
(C) based on systematic observational measurements
that shall be conducted in the children's natural
environments (unless a certified or licensed teacher
determines that another environment would be more
appropriate) and used in conjunction with information
gathered through parent and provider interviews and the
children's work; and
(D) able to provide information on children's
cognitive, language, social, emotional, and physical
development.
(i) Form and Use of Information.--
(1) Identifying characteristics.--A State (or a local
educational agency collecting information for the State under
this section) shall aggregate the information the State uses to
demonstrate eligibility for a bonus grant under subsection (a).
The State may not include in the information data relating to a
child's name, address, or other personal identifying
characteristics.
(2) Use of information.--A State may not use the
information--
(A) to track a child; or
(B) to determine whether a child should be retained
in kindergarten.
(j) Allocation of Additional Funds.--Notwithstanding any other
provision of this title, from any amounts described in section
305(b)(1)(A) and remaining for a fiscal year that is not described in
subsection (k) after the Secretaries carry out subsection (a), the
Secretaries may--
(1) use the remainder to increase the amount of the bonus
grants provided under subsection (a) to those States for that
year; or
(2) reserve the remainder to provide bonus grants under
subsection (a) to eligible States for the following year.
(k) Performance Improvement Demonstration Project.--
(1) In general.--Notwithstanding any other provision of
this title, for the second fiscal year after the year described
in subsection (c), from any amounts described in section
305(b)(1)(A) and remaining for that second fiscal year after
the Secretaries carry out subsection (a), the Secretaries shall
use the remainder to carry out this subsection.
(2) Demonstration project.--During that year, the
Secretaries shall establish a demonstration project to assist
States that are not eligible to receive bonus grants under
subsection (a) for that year. In carrying out the project, the
Secretaries shall make grants to local entities in those States
to enable the entities to carry out activities, based on
information collected from States with successful State
systems, to improve the ability of the States to achieve the
performance outcome measures described in the State
applications submitted under section 308 and subsection (f).
SEC. 311. ADMINISTRATION.
The Secretaries shall enter into a memorandum of understanding that
specifies how the Secretaries will carry out this title and award
grants under this title. Notwithstanding any other provision of law,
such memorandum of understanding shall include provisions for the
establishment of a Joint Office of Early Care and Education.
SEC. 312. REPORTS TO SECRETARIES.
(a) In General.--Each State that receives a grant (including a
bonus grant) under this title shall prepare an annual report that
contains--
(1) a description of the manner in which the State has used
the funds made available through the grant and a report of the
expenditures made with the funds; and
(2)(A) a summary of the State's progress toward providing
the activities, and an evaluation of the State's progress
toward achieving the performance outcome measures, described in
the State's initial State applications submitted under sections
308 and 310 for the fiscal year involved; and
(B) in the case of a State with a modified State
application submitted under section 308 or 310--
(i) a summary of the State's progress toward
providing the activities, and an evaluation of the
State's progress toward achieving the performance
outcome measures, described in the modified State
application for the fiscal year involved; and
(ii) the rationale for the modifications involved.
(b) Contents.--The report shall contain--
(1) data on the number of early childhood professionals in
the State who received training, education, or professional
development during the period of the grant and remained in the
early care and early education field;
(2) data on the school preparedness of children in the
State;
(3) a description of the State's progress in overcoming
barriers to the effective use of Federal, State, and local
public funds, and private funds, for early care and early
education; and
(4) a description of the manner in which the State has
addressed children from economically or otherwise disadvantaged
families.
(c) Submission.--The State shall submit the report, at the end of
each fiscal year, to the Secretaries and the advisory council for the
State.
SEC. 313. PERFORMANCE IMPROVEMENT PLANS.
(a) Determination.--At the end of the third full fiscal year after
the date of enactment of this Act, and of each subsequent fiscal year,
the Secretaries shall determine whether each State that receives funds
under this title made progress during that fiscal year toward achieving
the performance outcome measures described in the initial State
applications (or, if appropriate, the modified State applications)
approved for the State under sections 308 and 310 for the fiscal year
involved. The Secretaries shall make the determination on the basis of
the State report described in section 312.
(b) Plan.--If the Secretaries determine that a State did not make
progress as described in subsection (a) for a fiscal year, the
Secretaries shall require the State to submit a performance improvement
plan that describes the measures the State will take to make that
progress. To be eligible to receive funds under this title for the
following fiscal year, the State shall prepare and submit the plan to
the Secretaries. To be eligible to receive funds under this title for a
subsequent fiscal year, the State shall demonstrate reasonable progress
in implementing such plan.
SEC. 314. NONCOMPLIANCE WITH STATE PLAN.
(a) Review.--The Secretaries shall review each report submitted
under section 312 for a fiscal year to ensure that the funds
appropriated to carry out this title for the fiscal year were expended
in accordance with the provisions of the State plan described in
section 308(a)(2)(B) that are applicable to that fiscal year.
(b) Determination and Withholding.--If the Secretaries determine
that the funds were not expended in accordance with the provisions of
the State plan--
(1) the Secretaries shall withhold the amount of the funds
that were improperly expended, from the State's allotment under
section 305(b)(1)(B) for the following fiscal year; and
(2) the State shall not be eligible for a bonus grant under
section 310(a) for the following fiscal year.
(c) Use of Withheld Funds.--The Secretaries shall use funds
withheld from 1 or more States for a fiscal year under subsection
(b)(1) to provide assistance to the remaining States in accordance with
section 305(b)(1)(B). For purposes of this title, such assistance made
available to a State for a fiscal year shall be considered to be a part
of the allotment for that State under that subsection for that fiscal
year.
SEC. 315. REPORT TO CONGRESS.
(a) In General.--The Secretaries shall prepare an annual report
that--
(1) describes the progress of each State toward achieving
the performance outcome measures described in subparagraph (A)
and, if appropriate, subparagraph (B), of section 312(a)(2) for
the year covered by the report; and
(2) compares that progress with the progress of the State
toward achieving those measures for the preceding fiscal year.
(b) Submission.--The Secretaries shall submit the report to the
appropriate committees of Congress.
SEC. 316. CLEARINGHOUSE.
(a) In General.--The Secretaries, acting through the appropriate
officers of the Department of Health and Human Services (including the
National Institute of Child Health and Human Development and the
National Institute of Mental Health) and the Department of Education
shall support (using funds made available under Federal law other than
this title) a collaborative research project, through a clearinghouse
in existence on the date the project begins, to--
(1) identify, compile, and disseminate information on
effective, research-based, early care and early education
(including prereading and language) programs, curricula, and
teaching strategies that address--
(A) cognitive development;
(B) language development;
(C) social and emotional development;
(D) physical and motor development; and
(E) emergent literacy and phonemic awareness;
(2)(A) compile information that describes--
(i) the systems of early care and early education
programs and activities in States eligible to receive
grants under section 310(a); and
(ii) the methods that the eligible States have used
to establish successful systems described in clause
(i); and
(B) disseminate the information to other States;
(3)(A) identify State best practices relating to early care
and early education, including effective State activities,
standards, and guidelines; and
(B) compile and disseminate information that describes the
practices, including the activities, standards, and guidelines;
and
(4)(A) identify and evaluate model tools for conducting
observational assessments in kindergarten; and
(B) compile and disseminate information that describes the
tools.
(b) Dissemination.--The Secretaries shall--
(1) disseminate information about the existence of the
clearinghouse described in subsection (a); and
(2) ensure wide dissemination, through the Internet,
through public television, through public libraries, and by
other means, of materials describing the clearinghouse, and the
availability of the information disseminated by the
clearinghouse.
SEC. 317. SUPPLEMENTATION OF FUNDS AND MAINTENANCE OF EFFORT.
(a) Supplement, Not Supplant.--Amounts appropriated under this
title shall be used to supplement and not supplant other Federal,
State, and local public funds, expended to provide services for early
care and early education programs and activities.
(b) Maintenance of Effort.--The Secretaries shall not award a grant
under this title to any State for a fiscal year unless the Secretaries
first determine that the total expenditures by the State to support
early care and early education programs and activities for the
preceding fiscal year are not less than such expenditures for the
fiscal year in which the date of enactment of this Act occurs.
(c) Waiver.--The Secretaries may waive the requirements of
subsection (b) if the Secretaries determine that a waiver would be
equitable due to a precipitous decline in the financial resources of a
State that has necessitated across-the-board reductions in State
services, including early care and early education programs.
SEC. 318. RULES OF CONSTRUCTION.
(a) In General.--Nothing in this title shall be construed to permit
or require a State--
(1) to impose State child care licensing requirements on
any type of early childhood provider, including any such
provider who is exempt from State child care licensing
requirements on the date of enactment of this Act;
(2) to require an early childhood provider (including a
child care provider, such as a parent, grandparent, family
child care provider, or religious provider) in a State to
comply with a State voluntary guideline or recommendation for
effective early childhood education activities; or
(3) to require a parent to have a child submit to
developmental screening.
(b) Prohibition on Required Participation.--No State receiving
funds under this title may require any child to participate in any
Federal, State, local, or private early childhood education program.
(c) Prohibition on Use of Funds for Testing.--No State receiving
funds under this title may use the funds--
(1) to permit testing, as opposed to systematic
observational assessment, of a young child; or
(2) to permit testing or assessment that results in
penalties or sanctions being imposed on a young child.
SEC. 319. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this title $1,000,000,000 for fiscal year 2003 and such sums as may
be necessary for each of fiscal years 2004 through 2007.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S7042-7043)
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment in the nature of a substitute favorably.
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