II

104TH CONGRESS

1ST SESSION S. 850

To amend the Child Care and Development Block Grant Act of 1990 to

consolidate Federal child care programs, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 24 (legislative day, MAY 15), 1995

Mrs. KASSEBAUM (for herself, Mr. COATS, Mr. JEFFORDS, Mr. KENNEDY, Mr.

INOUYE, and Mr. DODD) introduced the following bill; which was read

twice and referred to the Committee on Labor and Human Resources

A BILL

To amend the Child Care and Development Block Grant

Act of 1990 to consolidate Federal child care programs,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Child Care and Devel5 opment Block Grant Amendments Act of 1995’’.
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1 SEC. 2. AMENDMENTS TO THE CHILD CARE AND DEVELOP2 MENT BLOCK GRANT ACT OF 1990.

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

4 658B of the Child Care and Development Block Grant Act

5 of 1990 (42 U.S.C. 9858) is amended to read as follows:

6 ‘‘SEC. 658B. AUTHORIZATION OF APPROPRIATIONS.

7 ‘‘There are authorized to be appropriated to carry out

8 this subchapter $1,000,000,000 for fiscal year 1996, and

9 such sums as may be necessary for each of the fiscal years

10 1997 through 2000.’’.

11 (b) LEAD AGENCY.—Section 658D(b) of the Child

12 Care and Development Block Grant Act of 1990 (42

13 U.S.C. 9858b(b)) is amended—

14 (1) in paragraph (1)—

15 (A) in subparagraph (A), by striking

16 ‘‘State’’ and inserting ‘‘governmental or non17 governmental’’; and

18 (B) in subparagraph (C), by inserting

19 ‘‘with sufficient time and Statewide distribution

20 of the notice of such hearing,’’ after ‘‘hearing in

21 the State’’; and

22 (2) in paragraph (2), by striking the second

23 sentence.

24 (c) APPLICATION AND PLAN.—Section 658E of the

25 Child Care and Development Block Grant Act of 1990 (42

26 U.S.C. 9858c) is amended—
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1 (1) in subsection (b), by striking ‘‘imple2 mented—’’ and all that follows through ‘‘plans.’’ and

3 inserting ‘‘implemented during a 2-year period.’’;

4 (2) in subsection (c)—

5 (A) in paragraph (2)—

6 (i) in subparagraph (A)—

7 (I) in clause (iii) by striking the

8 semicolon and inserting a period; and

9 (II) by striking ‘‘except’’ and all

10 that follows through ‘‘1992.’’; and

11 (ii) in subparagraph (E)—

12 (I) by striking clause (ii) and in13 serting the following new clause:

14 ‘‘(ii) the State will implement mecha15 nisms to ensure that appropriate payment

16 mechanisms exist so that proper payments

17 under this subchapter will be made to pro18 viders within the State and to permit the

19 State to furnish information to such pro20 viders.’’; and

21 (II) by adding at the end thereof

22 the following new sentence: ‘‘In lieu of

23 any licensing and regulatory require24 ments applicable under State and

25 local law, the Secretary, in consulta-
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1 tion with Indian tribes and tribal or2 ganizations, shall develop minimum

3 child care standards (that appro4 priately reflect tribal needs and avail5 able resources) that shall be applica6 ble to Indian tribes and tribal organi7 zation receiving assistance under this

8 subchapter.’’; and

9 (iii) by striking subparagraphs (H)

10 and (I); and

11 (B) in paragraph (3)—

12 (i) in subparagraph (C)—

13 (I) in the subparagraph heading,

14 by striking ‘‘AND TO INCREASE’’ and

15 all that follows through ‘‘CARE SERV16 ICES’’;

17 (II) by striking ‘‘25 percent’’ and

18 inserting ‘‘15 percent’’; and

19 (III) by striking ‘‘and to provide

20 before-’’ and all that follows through

21 ‘‘658H)’’; and

22 (ii) by adding at the end thereof the

23 following new subparagraph:

24 ‘‘(D) LIMITATION ON ADMINISTRATIVE

25 COSTS.—Not more than 5 percent of the aggre-
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1 gate amount of payments received under this

2 subchapter by a State in each fiscal year may

3 be expended for administrative costs incurred

4 by such State to carry out all its functions and

5 duties under this subchapter.’’.

6 (d) SLIDING FEE SCALE.—

7 (1) IN GENERAL.—Section 658E(c)(5) of the

8 Child Care and Development Block Grant Act of

9 1990 (42 U.S.C. 9858c(c)(5)) is amended by insert10 ing before the period the following: ‘‘and that en11 sures a representative distribution of funding among

12 the working poor and recipients of Federal welfare

13 assistance’’.

14 (2) ELIGIBILITY.—Section 658P(4)(B) of the

15 Child Care and Development Block Grant Act of

16 1990 (42 U.S.C. 9858n(4)(B)) is amended by strik17 ing ‘‘75 percent’’ and inserting ‘‘100 percent’’.

18 (e) QUALITY.—Section 658G of the Child Care and

19 Development Block Grant Act of 1990 (42 U.S.C. 9858e)

20 is amended—

21 (1) in the matter preceding paragraph (1)—

22 (A) by striking ‘‘A State’’ and inserting

23 ‘‘(a) IN GENERAL.—A State’’;

24 (B) by striking ‘‘not less than 20 percent

25 of’’; and
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1 (C) by striking ‘‘one or more of the follow2 ing’’ and inserting ‘‘carrying out the resource

3 and referral activities described in subsection

4 (b), and for one or more of the activities de5 scribed in subsection (c).’’;

6 (2) in paragraph (1), by inserting before the pe7 riod the following: ‘‘, including providing comprehen8 sive consumer education to parents and the public,

9 referrals that honor parental choice, and activities

10 designed to improve the quality and availability of

11 child care’’;

12 (3) by striking ‘‘(1) RESOURCE AND REFERRAL

13 PROGRAMS.—Operating’’ and inserting the follow14 ing:

15 ‘‘(b) RESOURCE AND REFERRAL PROGRAMS.—The

16 activities described in this subsection are operating’’;

17 (4) by redesignating paragraphs (2) through

18 (5) as paragraphs (1) through (4), respectively;

19 (5) by inserting before paragraph (1) (as so re20 designated) the following:

21 ‘‘(c) OTHER ACTIVITIES.—The activities described in

22 this section are the following:’’; and

23 (6) by adding at the end thereof the following:
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1 ‘‘(5) BEFORE- AND AFTER-SCHOOL ACTIVI2 TIES.—Increasing the availability of before- and

3 after-school care.

4 ‘‘(6) INFANT CARE.—Increasing the availability

5 of child care for infants under the age of 18 months.

6 ‘‘(7) NONTRADITIONAL WORK HOURS.—Increas7 ing the availability of child care between the hours

8 of 5:00 p.m. and 8:00 a.m.

9 ‘‘(d) NONDISCRIMINATION.—With respect to child

10 care providers that comply with applicable State law but

11 which are otherwise not required to be licensed by the

12 State, the State, in carrying out this section, may not dis13 criminate against such a provider if such provider desires

14 to participate in resource and referral activities carried out

15 under subsection (b).’’.

16 (f) REPEAL.—Section 658H of the Child Care and

17 Development Block Grant Act of 1990 (42 U.S.C. 9858f)

18 is repealed.

19 (g) ENFORCEMENT.—Section 658I(b)(2) of the Child

20 Care and Development Block Grant Act of 1990 (42

21 U.S.C. 9858g(b)(2)) is amended—

22 (1) in the matter following clause (ii) of sub23 paragraph (A), by striking ‘‘finding and that’’ and

24 all that follows through the period and inserting

25 ‘‘finding and may impose additional program re-
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1 quirements on the State, including a requirement

2 that the State reimburse the Secretary for any funds

3 that were improperly expended for purposes prohib4 ited or not authorized by this subchapter, that the

5 Secretary deduct from the administrative portion of

6 the State allotment for the following fiscal year an

7 amount that is less than or equal to any improperly

8 expended funds, or a combination of such options.’’;

9 and

10 (2) by striking subparagraphs (B) and (C).

11 (h) REPORTS.—Section 658K of the Child Care and

12 Development Block Grant Act of 1990 (42 U.S.C. 9858i)

13 is amended—

14 (1) in the section heading, by striking ‘‘AN15 NUAL REPORT’’ and inserting ‘‘REPORTS’’; and

16 (2) in subsection (a)—

17 (A) in the subsection heading, by striking

18 ‘‘ANNUAL REPORT’’ and inserting ‘‘REPORTS’’;

19 (B) by striking ‘‘December 31, 1992, and

20 annually thereafter’’ and inserting ‘‘December

21 31, 1996, and every 2 years thereafter’’;

22 (C) in paragraph (2)—

23 (i) in subparagraph (A), by inserting

24 before the semicolon ‘‘and the types of
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1 child care programs under which such as2 sistance is provided’’;

3 (ii) by striking subparagraph (B); and

4 (iii) by redesignating subparagraphs

5 (C) and (D) as subparagraphs (B) and

6 (C), respectively;

7 (D) by striking paragraph (4);

8 (E) by redesignating paragraphs (5) and

9 (6) as paragraphs (4) and (5), respectively;

10 (F) in paragraph (4), as so redesignated,

11 by striking ‘‘and’’ at the end thereof;

12 (G) in paragraph (5), as so redesignated,

13 by adding ‘‘and’’ at the end thereof; and

14 (H) by inserting after paragraph (5), as so

15 redesignated, the following new paragraph:

16 ‘‘(6) describing the extent and manner to which

17 the resource and referral activities are being carried

18 out by the State;’’.

19 (i) REPORT BY SECRETARY.—Section 658L of the

20 Child Care and Development Block Grant Act of 1990 (42

21 U.S.C. 9858j) is amended—

22 (1) by striking ‘‘1993’’ and inserting ‘‘1997’’;

23 (2) by striking ‘‘annually’’ and inserting ‘‘bi-an24 nually’’; and
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1 (3) by striking ‘‘Education and Labor’’ and in2 serting ‘‘Economic and Educational Opportunities’’.

3 (j) ALLOTMENTS.—Section 658O of the Child Care

4 and Development Block Grant Act of 1990 (42 U.S.C.

5 9858m) is amended—

6 (1) in subsection (c), by adding at the end

7 thereof the following new paragraph:

8 ‘‘(6) CONSTRUCTION OR RENOVATION OF FA9 CILITIES.—

10 ‘‘(A) REQUEST FOR USE OF FUNDS.—An

11 Indian tribe or tribal organization may submit

12 to the Secretary a request to use amounts pro13 vided under this subsection for construction or

14 renovation purposes.

15 ‘‘(B) DETERMINATION.—With respect to a

16 request submitted under subparagraph (A), and

17 except as provided in subparagraph (C), upon a

18 determination by the Secretary that adequate

19 facilities are not otherwise available to an In20 dian tribe or tribal organization to enable such

21 tribe or organization to carry out child care

22 programs in accordance with this subchapter,

23 and that the lack of such facilities will inhibit

24 the operation of such programs in the future,

25 the Secretary may permit the tribe or organiza-
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1 tion to use assistance provided under this sub2 section to make payments for the construction

3 or renovation of facilities that will be used to

4 carry out such programs.

5 ‘‘(C) LIMITATION.—The Secretary may not

6 permit an Indian tribe or tribal organization to

7 use amounts provided under this subsection for

8 construction or renovation if such use will re9 sult in a decrease in the level of child care serv10 ices provided by the tribe or organization as

11 compared to the level of such services provided

12 by the tribe or organization in the fiscal year

13 preceding the year for which the determination

14 under subparagraph (A) is being made.

15 ‘‘(D) UNIFORM PROCEDURES.—The Sec16 retary shall develop and implement uniform

17 procedures for the solicitation and consideration

18 of requests under this paragraph.’’; and

19 (2) in subsection (e)—

20 (A) in paragraph (1), by striking ‘‘Any’’

21 and inserting ‘‘Except as provided in paragraph

22 (4), any’’; and

23 (B) by adding at the end thereof the fol24 lowing new paragraph:
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1 ‘‘(4) INDIAN TRIBES OR TRIBAL ORGANIZA2 TIONS.—Any portion of a grant or contract made to

3 a Indian tribe or tribal organization under sub4 section (c) that the Secretary determines is not

5 being used in a manner consistent with the provision

6 of this subchapter in the period for with the grant

7 or contract is made available, shall be reallocated by

8 the Secretary to other tribes or organization that

9 have submitted applications under subsection (c) in

10 proportion to the original allocations to such tribes

11 or organization.’’.

12 (k) DEFINITIONS.—Section 658P of the Child Care

13 and Development Block Grant Act of 1990 (42 U.S.C.

14 9858n) is amended—

15 (1) in paragraph (2), in the first sentence by

16 inserting ‘‘or as a deposit for child care services if

17 such a deposit is required of other children being

18 cared for by the provider’’ after ‘‘child care serv19 ices’’; and

20 (2) in paragraph (5)(B)—

21 (A) by inserting ‘‘great grandchild, sibling

22 (if the provider lives in a separate residence),’’

23 after ‘‘grandchild,’’;

24 (B) by striking ‘‘is registered and’’; and
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1 (C) by striking ‘‘State’’ and inserting ‘‘ap2 plicable’’.

3 (l) APPLICATION OF SUBCHAPTER.—The Child Care

4 and Development Block Grant Act of 1990 (42 U.S.C.

5 9858 et seq.) is amended by adding at the end thereof

6 the following new section:

7 ‘‘SEC. 658T. APPLICATION TO OTHER PROGRAMS.

8 ‘‘Notwithstanding any other provision of law, a State

9 that uses funding for child care services under any Federal

10 program shall ensure that activities carried out using such

11 funds meet the requirements, standards, and criteria of

12 this subchapter and the regulations promulgated under

13 this subchapter. Such sums shall be administered through

14 a uniform State plan. To the maximum extent practicable,

15 amounts provided to a State under such programs shall

16 be transferred to the lead agency and integrated into the

17 program established under this subchapter by the State.’’.

18 SEC. 3. SENSE OF THE SENATE.

19 (a) FINDINGS.—The Senate finds that—

20 (1) the availability and accessibility of quality

21 child care will be critical to any welfare reform ef22 fort;

23 (2) as parents move from welfare into the

24 workforce or into job preparation and education,

25 child care must be affordable and safe;
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1 (3) whether parents are pursuing job training,

2 transitioning off welfare, or are already in the work

3 force and attempting to remain employed, no parent

4 can be expected to leave his or her child in a dan5 gerous situation;

6 (4) affordable and accessible child care is a pre7 requisite for job training and for entering the

8 workforce; and

9 (5) studies have shown that the lack of quality

10 child care is the most frequently cited barrier to em11 ployment and self-sufficiency.

12 (b) SENSE OF THE SENATE.—It is the sense of the

13 Senate that the Federal Government has a responsibility

14 to provide funding and leadership with respect to child

15 care.

16 SEC. 4. REPEALS AND TECHNICAL AND CONFORMING

17 AMENDMENTS.

18 (a) STATE DEPENDENT CARE DEVELOPMENT

19 GRANTS ACT.—The State Dependent Care Development

20 Grants Act (42 U.S.C. 9871 et seq.) is repealed.

21 (b) CHILD DEVELOPMENT ASSOCIATE SCHOLARSHIP

22 ASSISTANCE ACT OF 1985.—The Child Development As23 sociate Scholarship Assistance Act of 1985 (42 U.S.C.

24 10901 et seq.) is repealed.

25 (c) ADDITIONAL CONFORMING AMENDMENTS.—
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1 (1) RECOMMENDED LEGISLATION.—After con2 sultation with the appropriate committees of the

3 Congress and the Director of the Office of Manage4 ment and Budget, the Secretary of Health and

5 Human Services shall prepare and submit to the

6 Congress a legislative proposal in the form of an im7 plementing bill containing technical and conforming

8 amendments to reflect the amendments and repeals

9 made by this Act.

10 (2) SUBMISSION TO CONGRESS.—Not later than

11 6 months after the date of enactment of this Act,

12 the Secretary of Health and Human Services shall

13 submit the implementing bill referred to under para14 graph (1).

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