Child Care and Development Block Grant Reauthorization Act of 2022
This bill reauthorizes through FY2026 and expands programs and services under the Child Care and Development Fund.
The bill expands eligibility to include families earning not more than 150% of the state medium income if the state provides an appropriate opportunity for families earning not more than 85% of the state median income to receive services.
Additionally, the bill provides grants for states to expand the supply and capacity of child care providers.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3899 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 3899
To amend the Child Care and Development Block Grant Act of 1990 to
reauthorize and update the Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2022
Mr. Scott of South Carolina (for himself, Mr. Burr, Ms. Murkowski, Ms.
Collins, Mr. Sullivan, Mr. Sasse, Mr. Grassley, Mr. Young, and Mrs.
Capito) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Child Care and Development Block Grant Act of 1990 to
reauthorize and update the Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care and Development Block
Grant Reauthorization Act of 2022''.
SEC. 2. PURPOSES.
(a) Redesignation.--Section 658A of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9857) is redesignated as section 658
of such Act.
(b) Amendment.--Subsection (b) of that section 658 is amended to
read as follows:
``(b) Purposes.--The purposes of this subchapter are--
``(1) to allow each State maximum flexibility in developing
a mixed delivery system to provide child care that best suits
the needs of children and working parents within that State;
``(2) to promote parental choice to empower working parents
to make their own decisions regarding the child care services
that best suit their family's needs;
``(3) to encourage States to provide consumer education
information to help parents make informed choices about child
care services and to promote involvement by parents and family
members in the development of their children in child care
settings;
``(4) to assist States in delivering high-quality,
coordinated child care services to maximize parents' options to
cover the full workday and full work year, to support
continuity of care for children, and to support parents trying
to achieve independence from public assistance;
``(5) to assist States in improving the overall quality of
child care by implementing the health, safety, licensing, early
learning and development, professional, and oversight standards
established in this subchapter and in State law (including
State regulations);
``(6) to assist States--
``(A) in supporting the education and professional
development of child care staff; and
``(B) in supporting child care providers in the
recruitment of, professional development for, and
retention of a qualified child care workforce; and
``(7) to increase the number and percentage of low-income
children in high-quality child care settings.''.
(c) Rule of Construction.--The term ``child care'' as used in this
subchapter includes preschool, prekindergarten, and early childhood
education for children birth to 5 and before school, after school, and
summer care for school-age children.
SEC. 3. DEFINITIONS.
(a) In General.--Section 658P of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858n) is amended--
(1) by redesignating paragraphs (2) and (3), (4) through
(7), (8) and (9), and (10) through (15), as paragraphs (3) and
(4), (6) through (9), (11) and (12), and (14) through (19),
respectively;
(2) by inserting after paragraph (1) the following:
``(2) Child care.--The term `child care' includes
preschool, prekindergarten, and early childhood education for
children from birth through age 5, and before school, after
school, and summer care for school-age children.'';
(3) in paragraph (4), as so redesignated--
(A) in subparagraph (B), by inserting ``and'' at
the end;
(B) in subparagraph (C), by striking ``; and'' at
the end and inserting a period; and
(C) by striking subparagraph (D);
(4) by striking paragraph (6), as so redesignated, and
inserting the following:
``(5) Eligible activity.--The term `eligible activity',
means an activity consisting of--
``(A) full-time or part-time employment;
``(B) self-employment;
``(C) job search activities;
``(D) job training;
``(E) secondary, postsecondary, or adult education,
including education through a program of high school
classes, a course of study at an institution of higher
education, classes towards an equivalent of a high
school diploma recognized by State law, or English as a
second language classes;
``(F) health treatment (including mental health and
substance use treatment) for a condition that prevents
the parent involved from participating in other
eligible activities;
``(G) activities to prevent child abuse or neglect,
or family violence prevention or intervention
activities;
``(H) employment and training activities under the
supplemental nutrition assistance program established
under section 6(d)(4) of the Food and Nutrition Act of
2008 (7 U.S.C. 2015(d)(4));
``(I) employment and training activities under the
Workforce Innovation and Opportunity Act (29 U.S.C.
3101 et seq.);
``(J) a work activity described in subsection (d)
of section 407 of the Social Security Act (42 U.S.C.
607) for which, consistent with clauses (ii) and (iii)
of section 402(a)(1)(A) of such Act (42 U.S.C.
602(a)(1)(A)), a parent is treated as being engaged in
work for a month in a fiscal year for purposes of the
program of block grants to States for temporary
assistance for needy families established under part A
of title IV of the Social Security Act (42 U.S.C. 601
et seq.); or
``(K) taking leave under the Family and Medical
Leave Act of 1993 (29 U.S.C. 2601 et seq.) (or
equivalent provisions for Federal employees), a State
or local paid or unpaid leave law, or a program of
employer-provided leave.
``(6) Eligible child.--The term `eligible child' means an
individual--
``(A) who is less than 13 years of age;
``(B)(i)(I) whose family income does not exceed 85
percent of the State median income for a family of the
same size; or
``(II) in the case of a State that has determined
it is necessary to serve additional children, after
ensuring that all eligible children described in
subclause (I) have had an appropriate opportunity to
receive services under this subchapter, whose family
income does not exceed a State limit that is not more
than 150 percent of the State median income for a
family of the same size; and
``(ii) whose family assets do not exceed $1,000,000
(as certified by a member of such family); and
``(C) who--
``(i) resides with a parent or parents who
are participating in an eligible activity;
``(ii) is a child experiencing
homelessness, a child in kinship care, or a
child who is receiving, or needs to receive,
child protective services; or
``(iii) resides with a parent who is more
than 65 years of age.'';
(5) in paragraph (8), as so redesignated--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B)--
(i) by inserting ``the child (if the spouse
of such provider is engaged in an eligible
activity),'' after ``decree,''; and
(ii) by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(C) notwithstanding section 645(a)(1)(B) of the
Head Start Act (42 U.S.C. 9840(a)(1)(B)), a Head Start
agency.'';
(6) by striking paragraph (9), as so redesignated, and
inserting the following:
``(9) Family child care provider.--The term `family child
care provider' means an individual who provides child care
services in a private residence--
``(A) for fewer than 24 hours per day per child; or
``(B) for 24 hours per day per child due to the
nature of the work of the parent involved.
``(10) Homeless child.--The term `homeless child' means an
individual described in section 725(2) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a(2)).'';
(7) in paragraph (11), as so redesignated, by striking
``(11)'' and all that follows through ``meaning'' and inserting
the following:
``(11) Indian tribe; indian tribe.--The term `Indian Tribe'
or `Indian tribe' has the meaning'';
(8) by inserting after paragraph (12), as so redesignated,
the following:
``(13) Mixed delivery system.--The term `mixed delivery
system' means a system of child care services that--
``(A) promotes parental choice to empower working
parents to make their own decisions regarding the child
care services that best suit their family's needs;
``(B) delivers services through a combination of
programs offered by eligible child care providers
(including faith-based and community-based child care
providers) in a variety of settings (including family
child care homes, child care centers, Head Start
centers, and public and private schools); and
``(C) is supported with a combination of public and
private funds.'';
(9) in paragraph (16), as so redesignated, by striking
``unless the context specifies otherwise'' and inserting
``except as otherwise specified''; and
(10) in paragraph (19), as so redesignated, by striking
``(19)'' and all that follows through ``has the meaning'' and
inserting the following:
``(19) Tribal organization; tribal organization.--
``(A) In general.--The term `Tribal organization'
or `tribal organization' has the meaning''.
(b) Redesignation.--The Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9857 et seq.) is amended--
(1) by redesignating section 658P as section 658A; and
(2) by moving section 658A, as so redesignated, to follow
section 658, as redesignated by section 2.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Part.--The Child Care and Development Block Grant Act of 1990
is amended by inserting before section 658B the following:
``PART I--CHILD CARE SERVICES''.
(b) In General.--Section 658B of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858) is amended to read as follows:
``SEC. 658B. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
subchapter (other than section 658T) $6,165,330,000 for fiscal year
2022, and such sums as may be necessary for each of fiscal years 2023
through 2026.''.
SEC. 5. 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 plan.--The lead agency shall develop
the State plan described in paragraph (1)(B) in meaningful
consultation with--
``(A) parents of children eligible for services
under this subchapter, which shall include parents of
children in a priority population described in section
658E(c)(2)(M);
``(B) eligible child care providers that represent
the various geographic areas and types of providers in
the State;
``(C) employers of various sizes and with various
hours and days of operations whose employees rely on
reliable and accessible child care to work; and
``(D) appropriate representatives of units of
general purpose local government and, as appropriate,
of Indian Tribes and Tribal organizations.''.
SEC. 6. APPLICATION AND PLAN.
Section 658E of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858c) is amended--
(1) in subsection (b), by striking ``3-year'' and inserting
``5-year''; and
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (A)(i)--
(I) in subclause (I), by striking
``a child'' and inserting ``an eligible
child''; and
(II) in subclause (II), by striking
``section 658P(2)'' and inserting
``section 658A(3)'';
(ii) in subparagraph (D), by striking ``,
not later'' and all that follows through
``subparagraph (K)(i),'';
(iii) in subparagraph (E)(i)--
(I) in the matter preceding
subclause (I), by inserting ``, offered
through a mixed delivery system,''
after ``full diversity of child care
services'';
(II) in subclause (I), by inserting
``(including information on the hours
and days of operation and ages
served)'' after ``of child care
services'';
(III) in subclause (II), by
inserting before the semicolon the
following: ``or a national accrediting
body with demonstrated, valid, and
reliable program standards for high
quality''; and
(IV) in subclause (IV)--
(aa) by striking ``and''
before ``the Medicaid''; and
(bb) by inserting before
the semicolon the following:
``, and the Maternal, Infant,
and Early Childhood Home
Visiting Programs under section
511 of the Social Security Act
(42 U.S.C. 711)'';
(iv) in subparagraph (G)--
(I) in the subparagraph heading, by
striking ``Training and professional''
and inserting ``Professional'';
(II) in clause (i) and clause (ii)
(in the matter preceding subclause
(I)), by striking ``training and''
before ``professional development'';
(III) in clause (ii)(II), by
striking ``, and may engage'' and all
that follows through ``training
framework''; and
(IV) in clause (iii), by striking
``training'' and inserting
``professional development'';
(v) in subparagraph (I)(i)--
(I) in subclause (VII)--
(aa) by striking ``for
emergencies'' and inserting the
following: ``for--
``(aa) emergencies'';
(bb) by striking the
semicolon at the end and
inserting ``; and''; and
(cc) by adding at the end
the following:
``(bb) a public health
emergency declared by the
Secretary pursuant to section
319 of the Public Health
Service Act (42 U.S.C.
247d);''; and
(II) in subclause (IX), by striking
``if applicable,'';
(vi) in subparagraph (J)--
(I) by striking ``that procedures''
and inserting the following: ``that--
``(i) procedures'';
(II) by striking the period at the
end and inserting ``; and''; and
(III) by adding at the end the
following:
``(ii) the State will undertake a review of
State and local health and safety requirements
(including requirements for inspections under
this subchapter and 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)) to determine redundancies
and oversights that may exist, to ensure--
``(I) children receive child care
services in healthy and safe
environments; and
``(II) child care providers can
easily identify, understand, and comply
with applicable health and safety
requirements.'';
(vii) in subparagraph (K)(i)--
(I) in the matter preceding
subclause (I), by striking ``, not
later'' and all that follows through
``2014,''; and
(II) in subclause (IV), by striking
``section 658P(6)(B)'' and inserting
``section 658A(8)(B)'';
(viii) in subparagraph (M)--
(I) by redesignating clauses (ii)
through (iv) as clauses (iii) through
(v), respectively;
(II) by striking clause (i) and
inserting the following:
``(i) children in underserved areas,
including areas that have significant
concentrations of poverty and unemployment and
that do not have a supply of eligible child
care providers;
``(ii) children in rural areas;''; and
(III) in clause (iv), as so
redesignated, by striking ``, as
defined by the State'';
(ix) in subparagraph (N)--
(I) in clauses (i)(I) and (iv), by
striking ``85 percent'' and inserting
``150 percent''; and
(II) in clause (iii), by striking
``At the option of the State, the'' and
inserting ``The'';
(x) in subparagraph (O)(i), by striking
``full-day services'' and inserting ``full
workday and full work year services'';
(xi) in subparagraph (S)(ii), by striking
``, to the extent'' and all that follows
through ``fixed costs'' and inserting
``implement enrollment and eligibility policies
that support the fixed and operational costs'';
(xii) in subparagraph (T)(i), by striking
``or implement'' and all that follows through
``of 2014)'' and inserting ``and implement
early learning and developmental guidelines'';
(xiii) in subparagraph (U)--
(I) in clause (i)--
(aa) by striking ``Governor
or'' and inserting
``Governor,''; and
(bb) by inserting before
the period the following: ``,
or a public health emergency
declared by the Secretary
pursuant to section 319 of the
Public Health Service Act (42
U.S.C. 247d)'';
(II) in clause (ii), by inserting
``State and local health agencies,''
after ``licensing of child care
providers,''; and
(III) in clause (iii)(II), by
striking ``following the emergency or
disaster, which may include'' and
inserting ``during and following the
emergency or disaster, which shall
include guidelines for the''; and
(xiv) in subparagraph (V), by striking
``develop'' and all that follows through
``services.'' and inserting ``support child
care business technical assistance including
supporting--
``(I) provision of strategies to
support management coaching and the use
of core best business practices;
``(II) development and use of
shared services initiatives including
initiatives involving provider networks
such as child care center alliances and
family child care provider networks;
and
``(III) coordination of activities
with programs of the Small Business
Administration, programs of the
Department of Agriculture, and other
Federal, State, and local programs
supporting child care businesses.'';
(B) in paragraph (3)--
(i) in subparagraph (B)(ii), by striking
``Not later'' and all that follows through
``shall prepare'' and inserting ``Not later
than September 30 of each fiscal year, the
Secretary shall prepare''; and
(ii) in subparagraph (D)--
(I) by striking ``with respect to''
and all that follows through ``2020''
and inserting ``with respect to each
fiscal year)''; and
(II) by striking ``described in
clause (i), (ii), (iii), or (iv) of''
and inserting ``in priority populations
described in'';
(C) in paragraph (4)--
(i) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) In general.--The State plan shall certify,
not later than October 1, 2024, that payment rates, for
the provision of child care services for which
assistance is provided in accordance with this
subchapter, are sufficient to meet the cost of
providing the child care services, including the fixed
and operational costs of providing the child care
services, and are set and paid in accordance with a
cost estimation model described in subparagraph (B).
``(B) Cost estimation model.--The State plan
shall--
``(i) demonstrate that the State, after
consulting with eligible child care providers,
the State Advisory Council on Early Childhood
Education and Care designated or established in
section 642B(b)(1)(A)(i) of the Head Start Act
(42 U.S.C. 9837b(b)(1)(A)(i)), local child care
program administrators, local child care
resource and referral agencies, and other
appropriate entities, has developed and uses a
statistically valid and reliable cost
estimation model for the payment rates for
providers of child care services in the State,
that--
``(I) reflects the costs of service
delivery, including fixed costs,
operating expenses, and staff salaries
and benefits necessary to recruit,
train, and retain qualified staff;
``(II) reflects variations in the
costs of service delivery by submarket,
type of provider, and children served,
including by--
``(aa) geographic area
(such as location in an urban
or rural area);
``(bb) ages of children;
``(cc) whether the children
have particular needs (such as
needs of children with
disabilities and children
served by child protective
services);
``(dd) whether the
providers provide services
during weekend and other
nontraditional hours; and
``(ee) quality of child
care provider as determined by
the State; and
``(III) is reviewed not less often
than once every 2 years and adjusted as
may be necessary to--
``(aa) ensure payment rates
remain sufficient to meet the
requirements of this
subchapter; and
``(bb) provide a cost of
living increase to maintain the
level of services provided
during the year prior to the
review; and
``(ii) describe how the State will provide
for timely payments, set in accordance with the
model described in clause (i), for child care
services provided under this subchapter.'';
(ii) in subparagraph (C)--
(I) by striking clause (ii); and
(II) by striking ``(C)'' and all
that follows through ``Nothing'' and
inserting the following:
``(C) Construction.--Nothing''; and
(iii) by adding at the end the following:
``(D) No federal control.--The Secretary may offer
guidance to States on cost estimation models described
in subparagraph (B), but shall not require a State to
adopt a particular cost estimation model or element of
a particular cost estimation model.''; and
(D) by striking paragraph (5) and inserting the
following:
``(5) Sliding fee scale.--
``(A) In general.--The State plan shall provide
that the State will establish and periodically revise a
sliding fee scale to determine a full copayment for a
family receiving assistance under this subchapter (or,
for a family receiving part-time care, a reduced
copayment that is the proportionate amount of the full
copayment) that shall be set in accordance with
subparagraph (B) and that is not a barrier to families
receiving assistance under this subchapter.
``(B) Copayment.--
``(i) Full copayment.--The State shall
ensure that the sliding fee scale results in a
full copayment, toward the cost of the child
care involved for all eligible children in the
family for a family receiving assistance under
the subchapter, that shall be set, for a family
with a family income--
``(I) of not more than 75 percent
of the State median income for a family
of the same size, to be 0 percent of
that family income;
``(II) of more than 75 percent but
not more than 100 percent of the State
median income for a family of the same
size, to be more than 0 but not more
than 2 percent of that family income;
``(III) of more than 100 percent
but not more than 125 percent of the
State median income for a family of the
same size, to be more than 2 but not
more than 4 percent of that family
income; and
``(IV) of more than 125 percent but
not more than 150 percent of the State
median income for a family of the same
size, to be more than 4 but not more
than 7 percent of that family income.
``(ii) Reduced copayment.--The State shall
ensure that the sliding fee scale results in a
reduced copayment toward the cost specified in
clause (i), for a family receiving part-time
care, that shall be the proportionate amount of
the full copayment under clause (i).''.
SEC. 7. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.
Section 658G of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858e) is amended--
(1) in subsection (a)(2)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) to carry out the activities described in
paragraph (1), not less than 9 percent of the funds
described in paragraph (1) for each fiscal year; and'';
and
(B) in subparagraph (B)--
(i) by striking ``received not later'' and
all that follows through ``succeeding full
fiscal year'' and inserting ``received for each
fiscal year''; and
(ii) by striking ``and subsection (b)(4)'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``(which shall include activities selected by
the State to carry out paragraph (1))'' after
``following activities'';
(B) by striking paragraphs (1) and (2) and
inserting the following:
``(1) Supporting the education and professional development
of child care staff and supporting child care providers in the
recruitment of, professional development for, and retention of
a qualified child care workforce, through activities selected
by the State such as--
``(A) the development and expansion of initiatives
to assist child care staff in the attainment of
postsecondary credentials and degrees;
``(B) the provision of financial assistance
(including through bonuses, retention grants, and wage
supplements)--
``(i) for child care staff to pursue a
postsecondary credential or degree; and
``(ii) for child care providers to recruit,
provide professional development for, and
retain child care staff who have attained such
credentials or degrees;
``(C) the development and implementation of
apprenticeship programs that equip apprentices with
specialized knowledge, skills, and competencies
required to work in child care, which programs may
include activities to--
``(i) increase the number of individuals
(including the number of individuals seeking to
work with priority populations of children
described in section 658E(c)(2)(M)) who
complete an apprenticeship program and obtain a
credential or degree;
``(ii) promote the recruitment and
retention of apprentices through strategies
for--
``(I) supervising and mentoring
apprentices; and
``(II) providing pathways to career
advancement for apprentices; and
``(iii) support partnerships between
institutions of higher education, eligible
child care providers (or a consortium of
eligible child care providers), and other
entities participating in an apprenticeship
program to provide for--
``(I) the award of postsecondary
academic credit for related instruction
or on-the-job training provided through
the apprenticeship; and
``(II) the application of such
credit toward a credential or degree
from an institution in the partnership;
or
``(D) professional development opportunities for
child care providers that relate to--
``(i) the use of scientifically based,
developmentally appropriate and age-appropriate
strategies to promote the social, emotional,
physical, and cognitive development of
children, including specialized professional
development for child care providers caring for
those priority populations of children
described in section 658E(c)(2)(M);
``(ii) the use of effective behavior
management strategies, including positive
behavior interventions and support models, that
promote positive social and emotional
development and reduce challenging behaviors,
including reducing expulsions of preschool-aged
children for such behaviors;
``(iii) the nutritional and physical
activity needs of young children to promote
healthy development; and
``(iv) the use of strategies for engaging
parents and families in culturally and
linguistically appropriate ways to expand their
knowledge, skills, and capacity to support
their children's development;'';
(C) by redesignating paragraph (3) as paragraph
(2);
(D) in paragraph (2), as so redesignated--
(i) by striking subparagraph (A) and
inserting the following:
``(A) support and assess the quality of child care
providers in the State, which may include supporting
child care providers in the voluntary pursuit of
accreditation by a national accrediting body with
demonstrated, valid, and reliable program standards of
high quality;''; and
(ii) by striking subparagraph (C) and
inserting the following:
``(C) be designed to improve the quality of
different types of child care providers and services,
including child care centers and family child care
providers, and which shall be appropriate for providers
serving different age groups of children and for
providers serving children during nontraditional hours
of operation;'';
(E) by inserting after paragraph (2), as so
redesignated, the following:
``(3) Establishing or expanding a statewide system of child
care resource and referral services to help parents make
informed choices about child care services through transparent
and easy-to-understand consumer information about high-quality
care and education.'';
(F) by striking paragraphs (4) through (6);
(G) by redesignating paragraph (7) as paragraph
(4);
(H) by striking paragraphs (8) and (9); and
(I) by redesignating paragraph (10) as paragraph
(5); and
(3) in subsection (c), by striking ``Beginning with fiscal
year 2016, at'' and inserting ``At''.
SEC. 8. REPORTS AND AUDITS.
Section 685K(a)(2) of the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858i(a)(2)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``Not later than'' and all that
follows through ``a State'' and inserting ``A State'';
and
(B) by inserting ``annually'' before ``prepare'';
(2) in subparagraph (A), by striking ``section 658P(6)''
and inserting ``section 658A(8)''; and
(3) in subparagraph (F), by striking ``section 658P(6)(B)''
and inserting ``section 658A(8)(B)''.
SEC. 9. REPORTS, HOTLINE, AND WEBSITE.
Section 658L of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858j) is amended--
(1) in subsection (a), by striking ``Not later'' and all
that follows through ``the Secretary shall'' and inserting
``The Secretary shall biennially''; and
(2) in subsection (b)(2)(B)(ii), by inserting ``, or a
national accrediting body with demonstrated, valid, and
reliable program standards for high quality,'' after
``System''.
SEC. 10. TECHNICAL AMENDMENTS.
Section 658O(a) of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858m(a)) is amended--
(1) in paragraphs (1), (3), and (4) by striking ``this
subchapter'' and inserting ``section 658B''; and
(2) in paragraph (5) by striking ``this subchapter'' the
first place it appears and inserting ``section 658B''.
SEC. 11. CHILD CARE SUPPLY AND FACILITIES GRANTS.
The Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9857 et seq.) is amended by adding at the end the following:
``PART II--CHILD CARE SUPPLY AND FACILITIES
``SEC. 658T. CHILD CARE SUPPLY AND FACILITIES GRANTS.
``(a) Purposes.--The purposes of this section are to provide grants
to States, territories described in section 658O(a)(1) (referred to
individually in this part as a `territory'), Indian Tribes, and Tribal
organizations to--
``(1) expand the supply and capacity of child care
providers so that working parents have multiple high-quality
child care options to choose from in making their own decisions
regarding the child care and early education services that best
suit their family's needs; and
``(2) ensure child care facilities are designed and
equipped to keep children healthy and safe and to enhance
children's physical, cognitive, and behavioral development.
``(b) Qualified Child Care Provider.--In this section, the term
`qualified child care provider' means-
``(1) an eligible child care provider as defined in section
658A(8)(A) that is providing, or seeking to provide, child care
services to children eligible for services under this
subchapter; or
``(2) a child care provider that has applied under this
subchapter to become an eligible child care provider as defined
in section 658A(8)(A) and that commits to provide child care
services to children eligible for services under this
subchapter.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2023 through 2025.
``(d) Grants Authorized; Allotments.--
``(1) In general.--From funds made available under
subsection (c), the Secretary shall make grants to States,
territories, Indian Tribes, and Tribal organizations to carry
out the activities described in subsection (f).
``(2) Reservation.--The Secretary shall reserve not more
than 1 percent of the amount appropriated under subsection (c)
for a fiscal year to carry out this section to pay for the
costs of the Federal administration of this section.
``(3) Allotments.--From the amount appropriated to carry
out this section for a fiscal year that remains after the
Secretary makes the reservation under paragraph (2), the
Secretary shall award to each lead agency with an approved plan
under subsection (e), a child care supply and facilities grant
in accordance with paragraphs (1) and (2) of subsection (a),
and subsection (b), of section 658O, for the grants authorized
under paragraph (1). A grant made under this paragraph in
accordance with paragraph (1) or (2) of that subsection shall
be for the purpose of carrying out the program described in
this section, consistent, to the extent practicable as
determined by the Secretary, with the requirements applicable
to States.
``(e) State Plan.--
``(1) In general.--In order to receive a grant under this
section, a State shall submit a plan to the Secretary, at such
time and in such manner as the Secretary may reasonably
require.
``(2) Contents.--Each plan submitted by a State under this
section shall include each of the following:
``(A) A description of how the State will use funds
received under this section for State-level activities
under subsection (f)(1).
``(B) A description of how the State will ensure
that qualified child care providers in urban, suburban,
and rural areas can readily apply for and access
funding under this section, which shall include
providing technical assistance either directly or
through a third party which may include a resource and
referral agency or a staffed family child care provider
network.
``(C) A description of how the State will determine
the prioritization of subgrants to qualified child care
providers in accordance with subsection (f)(5).
``(D) An assurance that the State will make
available to the public, which shall include, at a
minimum, posting to an internet website of the lead
agency--
``(i) a notice of funding availability
through subgrants for qualified child care
providers under this section; and
``(ii) the criteria for awarding subgrants
for qualified child care providers, including
the methodology the lead agency will use to
determine the amounts of such subgrants for
qualified child care providers.
``(f) State Use of Funds.--
``(1) Reservation.--A lead agency that receives a grant
under subsection (d) shall reserve not more than 10 percent of
the grant funds for State-level activities, consisting of
administering subgrants and providing technical assistance and
support, for activities supported under this section.
``(2) Subgrants.--The lead agency shall use the remainder
of the grant funds awarded pursuant to subsection (d) to make
subgrants as described in paragraphs (3) and (4).
``(3) Startup and supply expansion subgrants.--
``(A) In general.--The lead agency shall make
startup and supply expansion subgrants to qualified
child care providers that are providing, or seeking to
provide, child care services under this subchapter to
eligible children, to--
``(i) support the providers in paying for
startup and expansion costs;
``(ii) assist such providers in meeting--
``(I) the health and safety
requirements (including the
requirements referred to in section
658E(c)(2)(I)) of the State, territory,
Indian Tribe, or local government
involved, as the case may be;
``(II) licensing and other
regulatory standards of the State,
territory, Indian Tribe, or local
government involved, as the case may
be, for child care providers; and
``(III) as applicable, the
requirements of a State's tiered
quality rating system for child care
providers; and
``(iii) establishing or expanding the
operation of community- or neighborhood-based
family child care networks.
``(B) Requirement.--As a condition of receiving a
startup or supply expansion subgrant under this
paragraph, a qualified child care provider shall commit
to meeting the requirements for an eligible child care
provider under this subchapter and to providing child
care services under this subchapter to eligible
children, on an ongoing basis.
``(4) Facilities subgrants.--
``(A) In general.--The lead agency shall make
facilities subgrants to qualified child care providers
that are providing, or seeking to provide, child care
services under this subchapter to eligible children,
for, notwithstanding section 658F(b)--
``(i) remodeling, renovation, or repair of
a building or facility used for providing
direct child care services; and
``(ii) construction, permanent improvement,
or major renovation of a building or facility
used for providing direct child care services.
``(B) Requirement.--As a condition of receiving a
facilities subgrant under this paragraph, a child care
provider shall commit to meeting the requirements for
an eligible child care provider under this subchapter
and to providing child care services under this
subchapter to eligible children on an ongoing basis.
``(C) Federal interest.--
``(i) Family child care homes.--Federal law
regarding a Federal interest in real property
shall not apply to the renovation, remodeling,
repair, or permanent improvement of privately
owned family child care homes with funds
provided under this paragraph, and the
Secretary shall develop parameters for the use
of such funds for family child care homes.
``(ii) Retention.--If the Secretary retains
a Federal interest in any facility constructed,
renovated, remodeled, repaired, or permanently
improved with funds provided under this
paragraph, the Secretary shall not retain the
Federal interest for more than 10 years.
``(5) Priority.--In awarding subgrants under paragraphs (3)
and (4), the lead agency shall give priority to qualified child
care providers providing or seeking to provide child care
services to priority populations of children described in
section 658E(c)(2)(M).
``(g) Supplement Not Supplant.--Amounts made available to carry out
this section shall be used to supplement and not supplant other
Federal, State, and local public funds expended to increase the supply
of child care and to improve child care facilities.
``(h) Documentation and Reporting Requirements.--
``(1) Documentation.--A State receiving a grant under
subsection (d) shall provide documentation of any State
expenditures from grant funds received under subsection (d) in
accordance with section 658K(b), to the independent entity
described in that section.
``(2) Reports.--
``(A) Lead agency report.--A lead agency receiving
a grant under subsection (d) shall, not later than 12
months after receiving such grant, submit a report to
the Secretary that includes, for the State involved, a
description of each lead agency program of subgrants
carried out to meet the objectives of this section,
including--
``(i) the number of eligible child care
providers in operation at the start of the
grant period, and the number of such providers
11 months later, disaggregated by age of
children served, geographic region, and child
care setting (including whether the provider
was in a center-based or family child care
setting);
``(ii) the number of child care slots, in
the capacity of eligible child care providers
given applicable group size limits and staff-
to-child ratios, that were open for attendance
of children at the start of the grant period
and the number of such slots 11 months later,
disaggregated by age of children served,
geographic region, and child care setting
(including whether the slot was in a center-
based or family child care setting), and each
priority population of children described in
section 658E(c)(2)(M);
``(iii)(I) the number and percentage of
qualified child care providers that received a
subgrant under subsection (f)(3), disaggregated
by age of children served, geographic region,
and child care setting (including whether the
provider was in a center-based or family child
care setting), and the average and range of the
amounts of the subgrants awarded; and
``(II) the number and percentage of
qualified child care providers that received a
subgrant under subsection (f)(4), disaggregated
by age of children served, geographic region,
and child care setting (including whether the
provider was in a center-based or family child
care setting), and the average and range of the
amounts of the subgrants awarded; and
``(iv) information concerning how qualified
child care providers receiving subgrants under
subsection (f)(3) or (f)(4) used the subgrant
funding received.
``(B) Report to congress.--The Secretary shall
transmit annually to the Committee on Education and
Labor of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate
a report that provides national and State-level data
for the information collected under subparagraph (A).
``(i) Construction.--No reference in part 1 to `this subchapter'
shall be considered to refer to a provision of this part.''.
SEC. 12. DEPARTMENT OF AGRICULTURE LOAN RESTRICTIONS.
The Secretary of Agriculture shall revise section 3555.102(c) of
title 7, Code of Federal Regulations, to exclude a business that is
licensed, regulated, or registered as a child care provider under State
law.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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