[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9394 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9394
To amend the Child Care and Development Block Grant Act of 1990 to
reauthorize and update the Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 1, 2022
Mr. Owens (for himself and Mrs. Hinson) introduced the following bill;
which was referred to the Committee on Education and Labor
_______________________________________________________________________
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 helping parents access high-quality child
care; 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.''.
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, excluding any asset used for the family's
farm for 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; and
``(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
(9) 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.
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 each of the
fiscal years 2023 through 2027.''.
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, except that
States that have 5 or more federally recognized Tribes
shall consult with Tribal leadership on how to best
serve Native American and Alaska Native children and
families residing on lands outside the tribal service
areas.''.
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 striking
``information'' and all that follows
through ``concerning--'' and inserting
``information about the availability of
child care services as offered through
a mixed delivery system that will
promote informed child care choices and
that concerns-'';
(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 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
that may be eliminated and oversights be
addressed, 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 without redundant
compliance visits or other unnecessary
burden.'';
(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; and
(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 high-quality supply of
eligible child care providers;
``(ii) children in rural areas;''; and
(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 (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
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
(xiii) 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) development and use of
shared services to support staff
retainment and professional
development.''.'';
(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, in
not less than 5 years, 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,
educate, 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 once every two
years and adjusted accordingly 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; 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) Copayment.--The State plan shall provide that the
State will establish and periodically revise by rule 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) and that is not a barrier to
families from accessing child care services under this
subchapter.''.
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;
``(B) the provision of financial assistance
(including through bonuses, retention grants, and wage
supplements)--
``(i) for child care staff to pursue a
postsecondary credential; and
``(ii) for child care providers to recruit,
provide professional development for, and
retain child care staff who have attained such
credentials; and
``(C) the support for earn and learn programs that
equip participants with specialized knowledge, skills,
and competencies required to work in child care;'';
(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 all
providers in the mixed delivery system, including
providers offering services for different age groups of
children and providers offering services in
nontraditional hours of operation;'';
(E) by inserting after paragraph (2), as so
redesignated, the following:
``(3) Supporting 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''.
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