[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5621 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5621
To provide grants to States, Indian Tribes, and Tribal organizations
for activities to increase the availability of child care options and
to support the child care workforce, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 19 (legislative day, December 16), 2024
Ms. Smith introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To provide grants to States, Indian Tribes, and Tribal organizations
for activities to increase the availability of child care options and
to support the child care workforce, 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 ``Childcare Supply Improvement Act of
2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Allotment percentage.--The term ``allotment
percentage'', with respect to a State, means the allotment
percentage determined for the State in accordance with section
658O(b)(4) of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858m(b)(4)).
(2) Child.--The term ``child'' means an individual--
(A) who is age 5 or younger; or
(B) who has not yet entered kindergarten.
(3) Child with a disability.--The term ``child with a
disability'' means--
(A) a child with a disability, as defined in
section 602 of the Individuals with Disabilities
Education Act (20 U.S.C. 1401), except the term
``child'' shall be limited to a child as defined in
paragraph (2);
(B) a child who is eligible for early intervention
services under part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1431 et seq.);
(C) a child who is eligible for services under
section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794); or
(D) a child with a disability, as the term
``disability'' is defined by the State involved.
(4) Child care program.--The term ``child care program''--
(A) means any program--
(i) that provides child care or education
for children, in any setting or through any
funding source; and
(ii) that is licensed to provide such care
or education under licensing requirements
applicable in the State or is exempt from such
requirements; and
(B) includes--
(i) any program operated by a center-based
child care provider or a family child care
provider;
(ii) child care provided by relatives,
friends, or neighbor caregivers;
(iii) any preschool program funded by the
Federal Government, a State, or a local
educational agency; or
(iv) a Head Start program, including an
Early Head Start program, under the Head Start
Act (42 U.S.C. 9831 et seq.).
(5) Child care provider.--The term ``child care provider''
means the staff of a child care program.
(6) Eligible community development financial institution.--
The term ``eligible community development financial
institution'' means--
(A) a community development financial institution
(as defined in section 103 of the Community Development
Banking and Financial Institutions Act of 1994 (12
U.S.C. 4702)) that has been certified by the Community
Development Financial Institutions Fund under section
1805.201 of title 12, Code of Federal Regulations, or
any successor regulation; or
(B) an organization that--
(i) is described in section 501(c)(3) of
the Internal Revenue Code of 1986;
(ii) is exempt from taxation under section
501(a) of such Code; and
(iii) has demonstrated experience in--
(I) providing technical or
financial assistance for the
acquisition, construction, renovation,
or improvement of child care
facilities;
(II) providing technical,
financial, or managerial assistance to
child care providers; and
(III) securing private sources of
capital financing for child care or
other low-income community development.
(7) Family child care provider.--The term ``family child
care provider'' has the meaning given the term in section 658P
of the Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858n).
(8) Indian tribe; tribal organization.--The terms ``Indian
Tribe'' and ``Tribal organization'' have the meanings given the
terms ``Indian tribe'' and ``tribal organization'' in section
658P of the Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9858n).
(9) Interrater reliability.--The term ``interrater
reliability'' has the meaning given the term in section 637 of
the Head Start Act (42 U.S.C. 9832).
(10) Local or regional entity.--The term ``local or
regional entity'' means--
(A) an agency administering a Head Start program,
including an Early Head Start program, under the Head
Start Act (42 U.S.C. 9831 et seq.);
(B) a State or local agency responsible for
administering a child care program, including a local
agency responsible for administering a child care
program that is a home visiting program for children;
(C) a local early childhood advisory council or
coalition;
(D) a local or regional child care resource and
referral organization described in section
658E(c)(3)(B)(iii) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C.
9858c(c)(3)(B)(iii));
(E) an eligible community development financial
institution;
(F) a nonprofit organization, professional
association, or community-based organization with
expertise in child care; or
(G) a consortium of entities described in any of
subparagraphs (A) through (F).
(11) School lunch factor.--The term ``school lunch factor''
has the meaning given the term in section 658O(b)(3) of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858m(b)(3)).
(12) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(13) State.--The term ``State'' has the meaning given the
term in section 658P of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858n).
(14) Young child factor.--The term ``young child factor''
has the meaning given the term in section 658O(b)(2) of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858m(b)(2)).
SEC. 3. CHILD CARE SUPPLY IMPROVEMENT PROGRAM.
(a) Establishment.--The Secretary shall establish a program to
award to States, Indian Tribes, and Tribal organizations--
(1) grants for child care facilities in accordance with
section 4; and
(2) grants for the purpose of carrying out the activities
described in section 5.
(b) Application Process.--A State, Indian Tribe, or Tribal
organization seeking a grant under this Act shall submit an application
to the Secretary at such time, in such manner, and containing such
information as the Secretary may reasonably require.
(c) Grant Amounts.--
(1) In general.--Each State, Indian Tribe, or Tribal
organization that submits an application meeting the
requirements of the Secretary under subsection (b) shall be
entitled to a grant in an amount that is determined in
accordance with the reservations and allotments under this
subsection.
(2) Amounts reserved.--
(A) Territories and possessions.--The Secretary
shall reserve not to exceed one-half of 1 percent of
the amount appropriated under section 8 in each fiscal
year for payments to Guam, American Samoa, the Virgin
Islands of the United States, and the Commonwealth of
the Northern Mariana Islands to be allotted in
accordance with their respective needs.
(B) Indian tribes.--The Secretary shall reserve not
less than 4 percent of the amount appropriated under
section 8 in each fiscal year for grants to Indian
Tribes and Tribal organizations that submit an
application meeting the requirements of the Secretary
under subsection (b).
(3) State allotments.--From the amount appropriated under
section 8 for each fiscal year that is remaining after the
reservations under paragraph (2), the Secretary shall allot to
each State an amount equal to the sum of--
(A) an amount that bears the same ratio to 50
percent of such remainder as the product of the young
child factor of the State and the allotment percentage
of the State bears to the sum of the corresponding
products for all States; and
(B) an amount that bears the same ratio to 50
percent of such remainder as the product of the school
lunch factor of the State and the allotment percentage
of the State bears to the sum of the corresponding
products for all States.
SEC. 4. GRANTS FOR CHILD CARE FACILITIES.
(a) In General.--A grant awarded under section 3(a)(1) shall be
used to award a subgrant to an eligible community development financial
institution, which may partner with other local or regional entities,
for the purpose of--
(1) providing technical or financial assistance for the
acquisition, construction, or improvements of child care
facilities;
(2) providing technical, financial, or managerial
assistance to child care programs;
(3) subject to subsection (b), renovating child care
facilities to comply with State or local health and safety
requirements;
(4) establishing low-cost--
(A) loan programs for child care programs; or
(B) loan forgiveness programs for child care
programs in accordance with subsection (c); or
(5) developing and piloting local, voluntary best practices
related to community zoning standards to support the provision
and expansion of child care services.
(b) Residential Renovations.--A renovation to a private residence
in which a family child care provider provides child care services may
be supported through a grant under section 3(a)(1), only if necessary
to comply with State or local health and safety requirements. Such a
renovation may include--
(1) indoor or outdoor modifications, including such
modifications to support accessibility for children with
disabilities; or
(2) lead remediation and abatement activities.
(c) Loan Forgiveness Programs.--A loan forgiveness program
supported under subsection (a)(4)(B)--
(1) shall provide loan forgiveness for child care programs
over a period of time;
(2) shall prioritize loan forgiveness for child care
programs that are or become licensed, regulated, or registered
under State law and become nationally accredited or rated under
a tiered quality rating system described in section 658G(b)(3)
of the Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858e(b)(3)); and
(3) may prioritize child care programs--
(A) providing high-quality care for infants and
toddlers during non-traditional hours;
(B) providing inclusive care for children with
disabilities;
(C) serving children in a geographic area for which
there is a shortage of child care; or
(D) that otherwise meet the needs identified in the
community needs assessment conducted by the State,
Indian Tribe, or Tribal organization under section 6.
SEC. 5. GRANTS FOR QUALITY SERVICES, COMPLIANCE REQUIREMENTS, BUSINESS
SUPPORT, AND ADMINISTRATIVE IMPROVEMENT ACTIVITIES.
(a) Subgrants.--A State, Indian Tribe, or Tribal organization
awarded a grant under section 3(a)(2) may make subgrants to, or partner
with, local or regional entities to carry out any activity supported by
the grant in accordance with this section.
(b) Activities.--A grant awarded under section 3(a)(2) shall be
used for any of the following activities:
(1) Activities to provide--
(A) pathways for child care programs operating
legally without a child care license to obtain such
license;
(B) pre-licensing orientation for individuals
seeking a child care license;
(C) technical assistance throughout the child care
licensing process; or
(D) pathways to accreditation of child care
programs and quality improvement for such programs,
including entry into or improvement on a tiered quality
rating system described in section 658G(b)(3) of the
Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858e(b)(3)).
(2) Activities, in accordance with subsection (c), to
provide ongoing, job-embedded professional development for
child care programs, including structured training, coaching,
mentoring, professional development visits, and peer support
activities, or professional opportunities, to reduce isolation
of child care providers, including through cohort-based models.
(3) Activities to provide business start-up support for
child care programs as described in subsection (d).
(4) Activities to improve the administration of child care
programs, by States, Indian Tribes, or Tribal organizations,
which shall include activities as described in subsection (e).
(c) Professional Development Activities.--
(1) Accessibility.--The professional development activities
described in subsection (b)(2) shall--
(A) be appropriate, relevant, accessible, and
affordable for family child care providers in home-
based settings; and
(B) be culturally responsive and linguistically
appropriate for the applicable community.
(2) Activities.--Such professional development activities
may include--
(A) assistance for child care providers in
obtaining qualified, temporary substitute child care or
reimbursing such child care providers for obtaining
such child care;
(B) the creation, expansion, or replication of
staffed family child care networks;
(C) the creation, expansion, or replication of
infant-toddler specialist networks; and
(D) cross-sector training and partnership
opportunities for teachers and staff of--
(i) Head Start programs, including Early
Head Start programs, under the Head Start Act
(42 U.S.C. 9831 et seq.);
(ii) early intervention programs;
(iii) infant and early childhood mental
health programs;
(iv) home visiting child care programs;
(v) State-funded prekindergarten and
preschool programs that receive funds under
part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311
et seq.); or
(vi) any other child care program.
(d) Business Start-Up Activities.--The business-start up activities
described in subsection (b)(3)--
(1) shall--
(A) promote sound, sustainable business practices,
including business planning practices, to child care
programs, including through orientations for child care
programs and related programs, such as 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);
(B) provide financial aid or technical assistance
to assist child care providers in complying with
licensing requirements, or health and safety
requirements;
(C) provide technical assistance or financial
assistance for costs associated with beginning a
business, including costs for equipment or supplies,
including diapers and diapering supplies; and
(D) develop shared service models for child care
programs with respect to business activities including
accounting, marketing, communications, health
insurance, and legal support activities; and
(2) may include activities to promote innovative solutions
or support the development of innovative models or arrangements
for child care providers, such as co-located child care
programs or employer-sponsored child care programs, which may
be identified through the community needs assessment conducted
by the State, Indian Tribe, or Tribal organization under
section 6.
(e) Improving Administration.--
(1) In general.--The activities described in subsection
(b)(4) shall include activities to--
(A) improve data collection with respect to child
care services, including the collection of information
by States under section 658K of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858i);
(B) improve coordination between States and Indian
Tribes or Tribal organizations receiving assistance
under such Act, the Head Start Act (42 U.S.C. 9831 et
seq.), or this Act;
(C) improve coordination between States and local
governments with respect to licensing and other
regulatory requirements for child care providers, and,
if applicable, the State's tiered quality rating system
described in section 658G(b)(3) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C.
9858e(b)(3));
(D) increase interrater reliability in licensing
inspections or other evaluations of child care programs
by training licensing inspectors of child care
providers and providing such inspectors with additional
professional development;
(E) identify and eliminate barriers to child care
licensure, such as through reducing fees for background
checks, translating licensing regulations into
languages other than English, collaborating with
housing authorities or local governments, or addressing
other barriers that may be identified through the
community needs assessment conducted under section 6;
or
(F) improve the functionality of activities related
to State and local regulatory requirements, including
requirements with respect to licensing and licensing
inspections, in accordance with paragraph (2).
(2) Functionality activities.--The activities described in
paragraph (1)(F) may include developing modern technology in
accordance with paragraph (3) to assist and improve with--
(A) outreach, including communication to child care
providers of--
(i) licensing and other regulatory
requirements described in subparagraph (K) of
section 658E(c)(2) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C.
9858c(c)(2)); and
(ii) health and safety requirements
described in subparagraph (I) of such section;
(B) enforcement of the requirements described in
clauses (i) and (ii) of subparagraph (A);
(C) assistance to child care providers in complying
with such requirements; or
(D) efforts to streamline State and local paperwork
requirements for child care providers without
diminishing any health and safety requirements
applicable to such providers.
(3) Modern technology.--Any modern technology developed
under paragraph (2) shall--
(A) focus on the needs of child care providers
subject to the requirements described in clauses (i)
and (ii) of paragraph (2)(A); and
(B) take into consideration, to the extent
possible, best practices related to technology
development practices, including user-centered design,
as detailed in applicable Federal guidelines, such as
the Digital Services Playbook.
SEC. 6. COMMUNITY NEEDS ASSESSMENT.
(a) In General.--Each State, Indian Tribe, or Tribal organization
receiving a grant under this Act shall, prior to undertaking any
activity supported by such a grant, conduct an assessment of the needs
of the State, Indian Tribe, or Tribal organization with respect to
issues including--
(1) the overall supply of child care programs, including
the supply of high-quality child care programs;
(2) geographic shortages and diversity of child care
providers;
(3) child care offered during nontraditional hours;
(4) cultural and linguistic needs of children, parents, and
child care providers; and
(5) relevant trends in child care supply and demand.
(b) Consultation.--In preparing the needs assessment required under
subsection (a), the State, Indian Tribe, or Tribal organization shall
consult with parents, child care stakeholder groups, relevant local
governments, interested businesses and employers, related professional
associations, and community-based organizations.
(c) Results.--A State, Indian Tribe, or Tribal organization
receiving a grant under this Act shall--
(1) use the results of the needs assessment required under
subsection (a) to determine how to use the funds awarded
through such grant to address the needs of children, parents,
and child care providers; and
(2) to the greatest extent possible, use the funds awarded
through such grant in proportion to the needs determined
through such assessment to increase the supply of high-quality
child care, which may include a focus on a particular issue
described in any of paragraphs (1) through (5) of subsection
(a).
SEC. 7. ADMINISTRATIVE REQUIREMENTS.
(a) Supplement and Not Supplant.--Funds made available through a
grant or subgrant under this Act shall supplement, and not supplant,
other Federal, State, or local funds that are available for child care
programs or other family engagement programs.
(b) Maintenance of Effort.--A State, Indian Tribe, or Tribal
organization that receives funds through a grant under this Act for a
fiscal year shall maintain the fiscal effort provided by the State,
Indian Tribe, or Tribal organization for the activities supported by
such funds at a level equal to or greater than the level of such fiscal
effort for the preceding fiscal year.
(c) Voluntary Participation.--A State, Indian Tribe, or Tribal
organization that receives a grant under this Act shall ensure that
family participation in any program supported by such grant shall be
voluntary and not preclude the family from participating in any other
Federal, State, or local program.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
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