II

105TH CONGRESS

2D SESSION S. 1697

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

improve the availability of child care and development services during

periods outside normal school hours, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 2, 1998

Mr. KENNEDY (for himself, Mr. KERRY, Mr. AKAKA, and Mr. REED) 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 improve the availability of child care

and development services during periods outside normal

school hours, 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 ‘‘America After School

5 Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—
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1 (1) children spend less than 20 percent of their

2 waking hours in school, and their activities during

3 the remaining 80 percent of these hours have a criti4 cal impact on their long-term success in school and

5 work;

6 (2) approximately 24,000,000 children require

7 care after school while their parents work;

8 (3) during 1991—

9 (A) there were 36,700,000 school-age chil10 dren in the United States;

11 (B) approximately 21,200,000 of the chil12 dren described in subparagraph (A) lived with

13 working mothers (including mothers seeking

14 employment) and 999,000 lived with mothers

15 who were enrolled in school; and

16 (C) approximately 912,000 of the children

17 described in subparagraph (A) lived with single

18 working fathers, 61,000 with single unemployed

19 fathers, and 9,000 with single fathers who were

20 enrolled in school;

21 (4) the General Accounting Office estimates

22 that the current supply of child care for school-age

23 children will meet as little as 25 percent of the de24 mand in some urban areas by 2002;
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1 (5) children who attend quality after-school pro2 grams while their parents work—

3 (A) experience positive effects on their de4 velopment;

5 (B) have better peer relations, emotional

6 adjustment, grades, and conduct in school than

7 their peers in other care arrangements;

8 (C) have more learning opportunities and

9 enrichment activities than their peers in other

10 care arrangements; and

11 (D) are less likely to engage in juvenile de12 linquent activity;

13 (6)(A) most juvenile delinquent activity occurs

14 between 3 p.m. and 8 p.m.; and

15 (B) from 1988 to 1992, juvenile arrests for vio16 lent acts increased by 50 percent;

17 (7) survey data confirms public support for ex18 pansion of programs to assist school-age children, as

19 evidenced by the fact that the need for child care,

20 including before- and after-school care, was rated as

21 one of the most pressing needs for children and fam22 ilies by 92 percent of respondents to a 1995 Na23 tional League of Cities survey, ranking as the high24 est rated need in the survey, which inquired about

25 crime prevention, welfare reform, education, hous-
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1 ing, family stability, drug and alcohol abuse preven2 tion, and a host of other issues;

3 (8) 1996 survey data indicate that parents

4 overwhelmingly support using school-based after5 school programs for learning and enrichment pro6 grams, but 70 percent of all public elementary

7 schools do not offer such programs; and

8 (9) parents want more than babysitting from

9 after-school programs, and computer classes, art and

10 music courses, tutoring, and community service ac11 tivities rank high among parental choices for activi12 ties for after-school programs.

13 TITLE I—CHILD CARE AND

14 DEVELOPMENT SERVICES

15 SEC. 101. DEFINITIONS.

16 The Child Care and Development Block Grant Act

17 of 1990 (42 U.S.C. 9858 et seq.) is amended—

18 (1) by redesignating section 658P (42 U.S.C.

19 9858n) as section 658T;

20 (2) by moving such section 658T to the end of

21 such Act; and

22 (3) in such section 658T—

23 (A) in paragraph (4), by adding at the end

24 the following:
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1 ‘‘The term ‘eligible child’, used with respect to child

2 care and development services, means a school age

3 child.’’; and

4 (B) by adding at the end the following:

5 ‘‘(15) CHILD CARE; CHILD CARE SERVICES.—

6 The terms ‘child care’ and ‘child care services’ in7 clude child care and development services.

8 ‘‘(16) CHILD CARE AND DEVELOPMENT SERV9 ICES.—The term ‘child care and development serv10 ices’ means services described in section 658H(f).

11 ‘‘(17) CHILD WITH A DISABILITY.—The term

12 ‘child with a disability’ has the meaning given the

13 term in section 602 of the Individuals with Disabil14 ities Education Act (20 U.S.C. 1401).

15 ‘‘(18) ELEMENTARY SCHOOL; SECONDARY

16 SCHOOL.—The terms ‘elementary school’ and ‘sec17 ondary school’ have the meanings given the terms in

18 section 14101 of the Elementary and Secondary

19 Education Act of 1965 (20 U.S.C. 8801).

20 ‘‘(19) SCHOOL AGE CHILD.—The term ‘school

21 age child’ means an individual who—

22 ‘‘(A)(i) is not less than 5 and not more

23 than 15 years of age; or

24 ‘‘(ii) at the election of the State involved,

25 is less than 5 years of age; and
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1 ‘‘(B) meets the requirements of subpara2 graphs (B) and (C) of paragraph (4).’’

3 SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

4 Section 658B of the Child Care and Development

5 Block Grant Act of 1990 (42 U.S.C. 9858) is amended—

6 (1) by striking ‘‘There is’’ and inserting ‘‘(a) IN

7 GENERAL.—There is’’;

8 (2) by striking ‘‘this subchapter’’ and inserting

9 ‘‘this subchapter (other than section 658H)’’; and

10 (3) by adding at the end the following:

11 ‘‘(b) PROGRAMS FOR CHILD CARE AND DEVELOP12 MENT SERVICES.—There is authorized to be appropriated

13 and there is appropriated to carry out section 658H,

14 $1,000,000,000 for each of fiscal years 1999 through

15 2003.’’

16 SEC. 103. STATE PLAN.

17 Section 658E(c) of the Child Care and Development

18 Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amend19 ed—

20 (1) in paragraph (2)—

21 (A) in subparagraph (A)—

22 (i) in clause (i)(II), by striking ‘‘sec23 tion 658P(2)’’ and inserting ‘‘section

24 658T(2)’’; and
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1 (ii) in clause (ii), by striking ‘‘eligible

2 provider’’ and inserting ‘‘eligible child care

3 provider (or, in the case of child care and

4 development services, an entity described

5 in section 658H(c))’’; and

6 (B) in the first sentence of subparagraph

7 (E)(i)—

8 (i) by inserting after ‘‘within the

9 State’’ the following ‘‘(or, in the case of

10 child care and development services, other

11 appropriate requirements)’’; and

12 (ii) by striking ‘‘such requirements’’

13 each place it appears and inserting ‘‘such

14 licensing or appropriate requirements’’;

15 and

16 (2) in paragraph (3)—

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

18 ‘‘(D)’’ and inserting ‘‘(E)’’; and

19 (B) by adding at the end the following:

20 ‘‘(E) PROGRAMS FOR CHILD CARE AND DE21 VELOPMENT SERVICES.—

22 ‘‘(i) IN GENERAL.—The State plan

23 shall provide that the State will reserve the

24 portion described in clause (ii) of the State

25 allotment under section 658O for each fis-
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1 cal year to carry out activities under sec2 tion 658H.

3 ‘‘(ii) PORTION.—For each fiscal year,

4 the portion referred to in clause (i) is the

5 amount that bears the same relationship to

6 the State allotment for that year as the

7 amount appropriated under section

8 658B(b) for that year bears to the total

9 amount appropriated under section 658B

10 for that year.’’.

11 SEC. 104. CHILD CARE AND DEVELOPMENT SERVICES.

12 The Child Care and Development Block Grant Act

13 of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting

14 after section 658G the following:

15 ‘‘SEC. 658H. CHILD CARE AND DEVELOPMENT SERVICES.

16 ‘‘(a) PURPOSE.—It is the purpose of this section to

17 fund quality child care and development services, including

18 direct services provided outside of normal school hours,

19 to promote the health and academic achievement of school

20 age children, and assist the children in avoiding high risk

21 behaviors.

22 ‘‘(b) IN GENERAL.—Each State that receives funds

23 to carry out this subchapter for a fiscal year shall use the

24 funds reserved as described in section 658E(c)(3)(E) to

25 make grants to eligible entities to carry out programs to
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1 expand the availability and affordability of quality child

2 care and development services, including direct services

3 provided outside of normal school hours (including before4 and after-school care and weekend, holiday, and summer

5 care) for school age children.

6 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive

7 a grant under this section, an entity shall be—

8 ‘‘(1) an elementary school or secondary school;

9 or

10 ‘‘(2) a community-based organization, including

11 a community-based entity that operates a child care

12 center or youth center or is a family child care pro13 vider, that meets such requirements of the type de14 scribed in subparagraphs (E) and (F) of section

15 658E(c)(3) as the State and local governments in16 volved may prescribe.

17 ‘‘(d) APPLICATION.—To be eligible to receive a grant

18 under this section, an entity shall submit an application

19 to the State at such time, in such manner, and containing

20 such information as the State may require. At a minimum,

21 each application shall contain—

22 ‘‘(1) information demonstrating the manner in

23 which the entity will carry out a program described

24 in subsection (b) in a manner that meets the needs,

25 of the community to be served, for child care and de-
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1 velopment services, including direct services provided

2 outside of normal school hours;

3 ‘‘(2) an assurance that the entity will carry out

4 direct services provided through the program dur5 ing—

6 ‘‘(A) at least 3 days in each week that the

7 program operates, and for at least 3 hours on

8 each day that the program operates; or

9 ‘‘(B) at least 10 hours in each week that

10 the program operates;

11 ‘‘(3) information demonstrating the manner in

12 which the entity will serve children with disabilities;

13 and

14 ‘‘(4) information demonstrating the manner in

15 which the entity will carry out the planning, estab16 lishment, implementation, and evaluation of the pro17 gram, and provide staff training for the program, in

18 coordination with other entities carrying out pro19 grams for children or public transportation pro20 grams in the community.

21 ‘‘(e) PREFERENCE.—In making grants under this

22 section, a State shall give preference to entities that—

23 ‘‘(1) serve communities with—
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1 ‘‘(A) a high rate of poverty, as determined

2 in accordance with criteria established by the

3 Secretary; and

4 ‘‘(B) a high incidence of at-risk children;

5 and

6 ‘‘(2) propose programs that make transpor7 tation services available to the children served, if

8 needed to enable the children to receive other serv9 ices described in this section, using transportation

10 provided under other public programs in the commu11 nity, such as transportation provided under the

12 Head Start Act (42 U.S.C. 9831 et seq.), or under

13 programs providing services to older individuals,

14 educational programs, or public transportation pro15 grams.

16 ‘‘(f) USE OF FUNDS.—

17 ‘‘(1) IN GENERAL.—An entity that receives a

18 grant under this section shall use the funds made

19 available through the grant to provide—

20 ‘‘(A) direct services outside of normal

21 school hours;

22 ‘‘(B) quality services; and

23 ‘‘(C) indirect services.

24 ‘‘(2) DIRECT SERVICES AND RELATED QUALITY

25 SERVICES.—
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1 ‘‘(A) IN GENERAL.—The entity shall use

2 not less than 75 percent of the funds described

3 in paragraph (1) to provide two or more of the

4 direct services described in subparagraph (B) to

5 school age children and to carry out related

6 quality services.

7 ‘‘(B) DIRECT SERVICES.—The direct serv8 ices referred to in subparagraph (A) consist

9 of—

10 ‘‘(i) recreational activities;

11 ‘‘(ii) community-based service pro12 grams that provide for meaningful human,

13 educational, environmental, or public safe14 ty service;

15 ‘‘(iii) academic assistance and tutor16 ing;

17 ‘‘(iv) mentoring;

18 ‘‘(v) conflict management;

19 ‘‘(vi) health and nutrition services, in20 cluding disease and injury prevention serv21 ices;

22 ‘‘(vii) literacy services;

23 ‘‘(viii) child care (other than another

24 service described in this subsection); and
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1 ‘‘(ix) transportation of school age chil2 dren between—

3 ‘‘(I) school or home; and

4 ‘‘(II) the facility in which the

5 services are provided.

6 ‘‘(C) QUALITY SERVICES.—The quality

7 services referred to in subparagraph (A) consist

8 of—

9 ‘‘(i) provision of community-based

10 training, related to the provision of direct

11 services, for staff of the entity, at times

12 and in locations that are accessible to the

13 staff;

14 ‘‘(ii) provision of financial assistance

15 to the staff to attend courses at an institu16 tion of higher education that are related to

17 the provision of direct services;

18 ‘‘(iii) provision of financial assistance

19 to staff to promote staff retention;

20 ‘‘(iv) provision of financial assistance

21 to enable the child care and development

22 services program provided by the entity to

23 obtain accreditation by a nationally recog24 nized accreditation organization;
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1 ‘‘(v) data collection relating to direct

2 services, including the collection of data

3 described in paragraphs (1)(B) and (2) of

4 section 658K(a) for family units receiving

5 assistance under this section, and submis6 sion of the data to the State for inclusion

7 in the reports described in section

8 658K(a)(2); and

9 ‘‘(vi) evaluation of the child care and

10 development services provided by the entity

11 in accordance with criteria determined by

12 the State, and participation in audits de13 scribed in section 658K(b).

14 ‘‘(3) INDIRECT SERVICES.—

15 ‘‘(A) IN GENERAL.—The entity shall use

16 not more than 25 percent of the funds de17 scribed in paragraph (1) to provide indirect

18 services that support the sustainability of the

19 direct services and the accountability of entities

20 carrying out the direct services.

21 ‘‘(B) SERVICES.—The indirect services re22 ferred to in subparagraph (A) may include—

23 ‘‘(i) carrying out activities to provide

24 increased compensation to staff who pro25 vide the direct services to school age chil-
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1 dren outside of normal school hours and

2 who participate in appropriate training;

3 ‘‘(ii) developing and maintaining elec4 tronic databases of providers who provide

5 the direct services outside of normal school

6 hours, and making the information in the

7 databases available to the public through

8 arrangements with elementary schools, sec9 ondary schools, public libraries, commu10 nity-based agencies, and other public agen11 cies;

12 ‘‘(iii) conducting community needs as13 sessments to determine the need for direct

14 services outside of normal school hours;

15 and

16 ‘‘(iv) constructing, maintaining, and

17 improving facilities, and purchasing equip18 ment for facilities, in which school age chil19 dren receive direct services outside of nor20 mal school hours.

21 ‘‘(g) DEFINITIONS.—In this section:

22 ‘‘(1) DIRECT SERVICES.—The term ‘direct serv23 ices’ means the services described in subsection

24 (f)(2)(B).
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1 ‘‘(2) INDIRECT SERVICES.—The term ‘indirect

2 services’ means the services described in subsection

3 (f)(3).

4 ‘‘(3) QUALITY SERVICES.—The term ‘quality

5 services’ means the services described in subsection

6 (f)(2)(C).’’.

7 SEC. 105. CONFORMING AMENDMENTS.

8 (a) FACILITIES.—Section 658F(b) of the Child Care

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

10 9858d(b)(1)) is amended—

11 (1) in paragraph (1), by striking ‘‘section

12 658O(c)(6)’’ and inserting ‘‘section 658H or

13 658O(c)(6)’’; and

14 (2) in paragraph (2), by inserting before ‘‘ex15 cept’’ the following: ‘‘except as provided in section

16 658H and’’.

17 (b) QUALITY ACTIVITIES.—Section 658G of the Child

18 Care and Development Block Grant Act of 1990 (42

19 U.S.C. 9858e) is amended by striking ‘‘this subchapter’’

20 and inserting ‘‘this subchapter (other than section

21 658H)’’.

22 (c) REDESIGNATION.—Section 658K of the Child

23 Care and Development Block Grant Act of 1990 (42

24 U.S.C 9858i) is amended, in subsection (a)(2)(A), by
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1 striking ‘‘section 658P(5)’’ and inserting ‘‘section

2 658T(5)’’.

3 (d) CONSTRUCTION.—Section 658O(c)(6) of the

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

5 U.S.C. 9858m(c)(6)) is amended by inserting ‘‘(other than

6 the amounts provided to carry out section 658H)’’ after

7 ‘‘this subsection’’ each place it appears.

8 TITLE II—STRENGTHENING THE

9 21ST CENTURY COMMUNITY

10 LEARNING CENTERS ACT

11 SEC. 201. PROGRAM AUTHORIZATION.

12 Section 10903 of the 21st Century Community

13 Learning Centers Act (20 U.S.C. 8243) is amended—

14 (1) in subsection (a)—

15 (A) in the subsection heading, by inserting

16 ‘‘TO LOCAL EDUCATIONAL AGENCIES FOR

17 SCHOOLS’’ after ‘‘SECRETARY’’; and

18 (B) by striking ‘‘rural and inner-city pub19 lic’’ and all that follows through ‘‘or to’’ and in20 serting ‘‘local educational agencies for the sup21 port of public elementary schools or secondary

22 schools, including middle schools, that serve

23 communities with substantial needs for ex24 panded learning opportunities for children and
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1 youth in the communities, to enable the schools

2 to establish or’’; and

3 (C) by striking ‘‘a rural or inner-city com4 munity’’ and inserting ‘‘the communities’’;

5 (2) in subsection (b)—

6 (A) by striking ‘‘States, among’’ and in7 serting ‘‘States and among’’; and

8 (B) by striking ‘‘United States,’’ and all

9 that follows through ‘‘a State’’ and inserting

10 ‘‘United States’’; and

11 (3) in subsection (c), by striking ‘‘3’’ and in12 serting ‘‘5’’.

13 SEC. 202. APPLICATIONS.

14 Section 10904(a) of such Act (20 U.S.C. 8244(a))

15 is amended—

16 (1) in the first sentence, by striking ‘‘an ele17 mentary or secondary school or consortium’’ and in18 serting ‘‘a local educational agency’’;

19 (2) in paragraph (1), by striking ‘‘or consor20 tium’’;

21 (3) in paragraph (2), by striking ‘‘and’’ after

22 the semicolon;

23 (4) in paragraph (3)—

24 (A) in subparagraph (D), by striking ‘‘or

25 consortium’’; and
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1 (B) in subparagraph (E)—

2 (i) in the matter preceding clause (i),

3 by striking ‘‘or consortium’’; and

4 (ii) in clause (ii), by striking the pe5 riod and inserting a semicolon;

6 (5) by adding at the end the following:

7 ‘‘(4) information demonstrating that the local

8 educational agency will—

9 ‘‘(A) provide not less than 50 percent of

10 the annual cost of the activities assisted under

11 the project from sources other than funds pro12 vided under this part, which contribution may

13 be provided in cash or in kind, fairly evaluated;

14 ‘‘(B) provide not more than 25 percent of

15 the annual cost of the activities assisted under

16 the project from funds provided by the Sec17 retary under other Federal programs that per18 mit the use of those other funds for activities

19 assisted under the project; and

20 ‘‘(C) subject to subparagraph (B), in the

21 fourth and fifth years of a local educational

22 agency’s project, increase the percentage of the

23 annual cost of activities assisted under the

24 project that is paid for from sources other than

25 the funds provided under this part; and
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1 ‘‘(5) an assurance that the local educational

2 agency, in each year of the project, will maintain the

3 agency’s fiscal effort, from non-Federal sources,

4 from the preceding fiscal year for the activities the

5 local educational agency provides with funds pro6 vided under this part.’’; and

7 (6) in the matter preceding paragraph (1), by

8 striking ‘‘Each such’’ and inserting the following:

9 ‘‘(b) CONTENTS.—Each such’’.

10 SEC. 203. USES OF FUNDS.

11 Section 10905 of such Act (20 U.S.C. 8245) is

12 amended by striking ‘‘may be used’’ and all that follows

13 through ‘‘four’’ and inserting ‘‘shall be used to establish

14 or expand community learning centers that provide activi15 ties which offer expanded learning opportunities for chil16 dren and youth in the community (such as activities con17 ducted before or after school) and which may include

18 any’’.

19 SEC. 204. CONTINUATION AWARDS UNDER CURRENT

20 STATUTE.

21 Such Act (20 U.S.C. 8241 et seq.) is further amend22 ed—

23 (1) by redesignating sections 10906 and 10907

24 as sections 10907 and 10908, respectively; and
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1 (2) by inserting after section 10906 the follow2 ing:

3 ‘‘SEC. 10907. CONTINUATION AWARDS.

4 ‘‘Notwithstanding any other provision of law, the Sec5 retary may use funds appropriated under this part to

6 make payments under this part for projects that were

7 funded under this part for fiscal year 1998, under the

8 terms and conditions that applied to the original grants

9 for the projects.’’.

10 SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

11 Section 10908 of such Act (as redesignated by section

12 204(1)) (20 U.S.C. 8247) is amended by striking

13 ‘‘$20,000,000 for fiscal year 1995’’ and inserting

14 ‘‘$200,000,000 for fiscal year 1999’’.

15 SEC. 206. EFFECTIVE DATE.

16 This title, and the amendments made by this title,

17 shall take effect on October 1, 1998.

18 TITLE III—CRIME PREVENTION

19 PROGRAM

20 SEC. 301. GRANTS TO PUBLIC AND PRIVATE AGENCIES.

21 Title II of the Juvenile Justice and Delinquency Pre22 vention Act of 1974 (42 U.S.C. 5611 et seq.) is amend23 ed—

24 (1) by redesignating the second part designated

25 as part I as part K; and
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1 (2) by inserting after the first part designated

2 as part I the following:

3 ‘‘PART J—AFTER SCHOOL CRIME PREVENTION

4 ‘‘SEC. 292. GRANTS TO PUBLIC AND PRIVATE AGENCIES

5 FOR EFFECTIVE AFTER SCHOOL CRIME PRE6 VENTION PROGRAMS.

7 ‘‘(a) IN GENERAL.—Subject to the availability of ap8 propriations, the Administrator shall make grants in ac9 cordance with this section to public and private agencies

10 to fund effective after school juvenile crime prevention

11 programs.

12 ‘‘(b) MATCHING REQUIREMENT.—The Administrator

13 may not make a grant to a public or private agency under

14 this section unless that agency agrees that, with respect

15 to the costs to be incurred by the agency in carrying out

16 the program for which the grant is to be awarded, the

17 agency will make available non-Federal contributions in

18 an amount that is not less than a specific percentage of

19 Federal funds provided under the grant, as determined by

20 the Administrator.

21 ‘‘(c) PRIORITY.—In making grants under this sec22 tion, the Administrator shall give priority to funding pro23 grams that—

24 ‘‘(1) are targeted to high crime neighborhoods

25 or at-risk juveniles;
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1 ‘‘(2) operate during the period immediately fol2 lowing normal school hours;

3 ‘‘(3) provide educational or recreational activi4 ties designed to encourage law-abiding conduct, re5 duce the incidence of criminal activity, and teach ju6 veniles alternatives to crime; and

7 ‘‘(4) coordinate with State or local juvenile

8 crime control and juvenile offender accountability

9 programs.

10 ‘‘(d) FUNDING.—There are authorized to be appro11 priated for grants under this section $250,000,000 for

12 each of fiscal years 1999, 2000, 2001, 2002, and 2003.’’.

Æ