I

106TH CONGRESS

1ST SESSION H. R. 2175

To improve the quality of child care, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 10, 1999

Mr. STARK (for himself, Ms. NORTON, Mr. BISHOP, and Ms. DELAURO) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and

Means, for a period to be subsequently determined by the Speaker, in

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To improve the quality of child care, 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 Quality

5 Improvement Act of 1999’’.

6 SEC. 2. ALLOTMENTS TO STATES.

7 (a) IN GENERAL.—The Secretary shall make allot8 ments under subsection (b) to eligible States to pay for

9 the Federal share of the cost of enabling the States to
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1 make grants to local collaboratives under section 3 for ac2 tivities to improve the quality of child care.

3 (b) ALLOTMENT.—From the funds appropriated

4 under section 6 to carry out this Act for each fiscal year

5 and not reserved under subsection (h), the Secretary shall

6 allot to each eligible State an amount that bears the same

7 relationship to such funds as the total number of children

8 in poverty in the State bears to the total number of chil9 dren in poverty in all eligible States.

10 (c) STATE BOARDS.—

11 (1) IN GENERAL.—In order for a State to be el12 igible for a grant under section 418(c) of the Social

13 Security Act, the Governor of the State shall estab14 lish, or designate an entity to serve as, a Child Care

15 Quality Advisory Board, which shall receive the

16 grant and make the grants described in section 3.

17 (2) ESTABLISHED BOARD.—A State board es18 tablished under paragraph (1) shall consist of mem19 bers appointed by the Governor, including—

20 (A) representatives of all State agencies

21 primarily providing services to children in the

22 State;

23 (B) parents of children in the State;

24 (C) representatives of community and non25 profit organizations representing or providing
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1 services to children and their parents, such as

2 organizations providing child care, carrying out

3 Head Start programs under the Head Start Act

4 (42 U.S.C. 9831 et seq.), providing prekinder5 garten education, mental health, or family sup6 port services; and

7 (D) representatives of local educational

8 agencies who have expertise in early childhood

9 development.

10 (3) DESIGNATED BOARD.—The Governor may

11 designate an entity to serve as the State board

12 under paragraph (1) if the entity includes the mem13 bers described in subparagraphs (A) through (D) of

14 paragraph (2).

15 (4) DESIGNATED STATE AGENCY.—The Gov16 ernor shall designate a State agency that has a rep17 resentative on the State board to provide adminis18 trative oversight concerning the use of funds made

19 available under this Act and ensure accountability

20 for the funds.

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

22 to a State under section 418(c) of the Social Security Act,

23 a State board shall annually submit an application to the

24 Secretary at such time, in such manner, and containing
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1 such information as the Secretary may require. At a min2 imum, the application shall contain—

3 (1) sufficient information about the entity es4 tablished or designated under subsection (c) to serve

5 as the State board to enable the Secretary to deter6 mine whether the entity complies with the require7 ments of such subsection;

8 (2) a list of goals for quantifiable improvements

9 in child care quality within the State, that accom10 plish the following:

11 (A) Increased training for child care pro12 viders and administrators.

13 (B) Enhanced licensing standards (includ14 ing at a minimum health and safety, adult-to15 child ratios, and group size) that will apply to

16 a broader range of child care providers.

17 (C) Reduced number of unlicensed pro18 viders offering child care.

19 (D) Increased State monitoring and en20 forcement of licensed providers.

21 (E) Decreased caregiver turnover rates of

22 child care providers through incentives such as

23 increased compensation or scholarships to sup24 port continuing education in academic areas re25 lated to child care and development.
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1 (F) Higher levels of accreditation among

2 licensed child care providers.

3 (G) Other standards and practices to im4 prove the quality of child care;

5 (3) a comprehensive State plan for reaching the

6 goals listed pursuant to paragraph (2);

7 (4) an assurance that the State board will pro8 vide such information as the Secretary shall by regu9 lation require on the amount of State and local pub10 lic funds expended in the State to provide services

11 for children; and

12 (5) an assurance that the State board shall an13 nually compile and submit to the Secretary informa14 tion from the reports referred to in section

15 3(e)(3)(C) that describes the results referred to in

16 subparagraphs (A) and (B) of section 3(e)(3).

17 (e) STATE ADMINISTRATIVE COSTS.—A State may

18 use not more than 5 percent of the amount of a grant

19 made to the State under section 418(c) of the Social Secu20 rity Act to pay for State administrative costs related to

21 carrying out this Act.

22 (f) MONITORING.—The Secretary shall monitor the

23 activities of States that receive a grant made under section

24 418(c) of the Social Security Act to ensure compliance
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1 with the requirements of this Act, including compliance

2 with the State plans.

3 (g) ENFORCEMENT.—If the Secretary determines

4 that a State that is otherwise eligible for a grant under

5 section 418(c) of the Social Security Act for a fiscal year

6 is not complying with a requirement of this Act, the Sec7 retary may—

8 (1) subject to the limitation in subsection (h),

9 provide technical assistance to the State to improve

10 the quality of child care services and the ability of

11 the State to comply with the goals described in sub12 section (d)(2);

13 (2) reduce, by not less than 5 percent, the

14 amount of the grant otherwise payable to the State

15 under such section for the fiscal year, for the second

16 determination of noncompliance;

17 (3) reduce, by not less than 25 percent, the

18 amount of the grant otherwise payable to the State

19 under such section for the fiscal year, for the third

20 determination of noncompliance; or

21 (4) revoke the eligibility of the State for any

22 grant under such section, for the fourth or subse23 quent determination of noncompliance.

24 (h) TECHNICAL ASSISTANCE.—From the funds ap25 propriated under section 6 for each fiscal year, the Sec-
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1 retary shall reserve not more than 1 percent of the funds

2 to pay for the costs of providing technical assistance. The

3 Secretary shall use the reserved funds to enter into con4 tracts with eligible entities to provide technical assistance

5 to local collaboratives that receive grants under section 3,

6 relating to the functions of the local collaboratives under

7 this Act.

8 SEC. 3. USE OF FUNDS.

9 (a) USE BY STATE BOARD.—A State board that re10 ceives a grant made under section 418(c) of the Social

11 Security Act shall use the grant to—

12 (1) establish and enforce State child care licens13 ing requirements; and

14 (2) make grants, on a competitive basis, to local

15 collaboratives to carry out activities to improve the

16 quality of child care.

17 (b) USE BY LOCAL COLLABORATIVE.—A local col18 laborative that receives funds through a grant made under

19 subsection (a) may use such funds—

20 (1) to carry out the plan included in the appli21 cation for the grant; and

22 (2) to prepare reports described in subsection

23 (e)(3)(C).

24 (c) MULTIYEAR FUNDING.—In making grants under

25 this section, a State board may make grants for grant pe-
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1 riods of more than 1 year to local collaboratives with dem2 onstrated success in carrying out activities to improve the

3 quality of child care.

4 (d) LOCAL COLLABORATIVES.—To be eligible to re5 ceive a grant under this section for a community, a local

6 collaborative shall demonstrate that the collaborative—

7 (1) is able to provide, through a coordinated ef8 fort, activities to improve the quality of child care to

9 children in the community and their parents; and

10 (2) includes—

11 (A) public agencies primarily providing

12 services to children in the community;

13 (B) parents of children in the community;

14 (C) businesses that provide child care serv15 ices in the community;

16 (D) representatives of the local government

17 of the county or other political subdivision in

18 which the community is located;

19 (E) representatives of community and non20 profit organizations that represent or provide

21 services for low-income individuals in the com22 munity;

23 (F) community-based organizations pro24 viding services to children and their parents,

25 such as organizations providing child care, car-
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1 rying out Head Start programs, or providing

2 prekindergarten education, mental health, or

3 family support services; and

4 (G) persons with expertise in early child5 hood development.

6 (e) APPLICATION.—To be eligible to receive a grant

7 under this section, a local collaborative shall submit an

8 application to the State board at such time, in such man9 ner, and containing such information as the State board

10 may require. At a minimum, the application shall

11 contain—

12 (1) sufficient information about the entity de13 scribed in subsection (d)(2) to enable the State

14 board to determine whether the entity complies with

15 the requirements of such subsection;

16 (2) a comprehensive plan to accomplish the fol17 lowing:

18 (A) Increase training for child care pro19 viders and administrators.

20 (B) Comply with State licensing standards

21 (including at a minimum health and safety,

22 adult-to-child ratios, group size, and criminal

23 background checks) that may apply to a broad24 er range of child care providers than currently

25 exists in the community.
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1 (C) Reduce the number of unlicensed pro2 viders offering child care.

3 (D) Decrease caregiver turnover rates at

4 child care providers through incentives such as

5 increased compensation.

6 (E) Increase levels of accreditation among

7 licensed child care providers.

8 (F) Otherwise improve the quality of child

9 care; and

10 (3) a description of the manner in which the

11 collaborative plans to submit information, at such

12 intervals as the State board may require, to the

13 State board to enable the State board to carry out

14 monitoring under section 2(f), including the manner

15 in which the collaborative plans to—

16 (A) evaluate the results achieved by the

17 collaborative for implementing the plan sub18 mitted under paragraph (2);

19 (B) evaluate how child care services can be

20 more effectively improved and made available to

21 children and their parents; and

22 (C) prepare and submit to the State board

23 annual reports describing the results of the

24 evaluations under subparagraphs (A) and (B).
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1 (f) DISTRIBUTION.—In making grants under this sec2 tion, the State board shall ensure that at least 60 percent

3 of the funds made available through each grant are used

4 to provide the activities to improve the quality of child care

5 to children (and parents of children) who reside in school

6 districts in which half or more of the students would be

7 eligible to receive free or reduced price lunches under the

8 National School Lunch Act (42 U.S.C. 1751 et seq.).

9 (g) MONITORING.—The State board shall monitor the

10 activities of local collaboratives that receive grants under

11 this Act to ensure compliance with the requirements of

12 this Act.

13 SEC. 4. SUPPLEMENT NOT SUPPLANT.

14 Funds received from a grant made under section

15 418(c) of the Social Security Act shall be used to supple16 ment and not supplant other Federal, State, and local

17 public funds expended to provide services for children.

18 SEC. 5. DEFINITIONS.

19 For the purposes of this Act the following definitions

20 apply:

21 (1) LOCAL EDUCATIONAL AGENCY.—The term

22 ‘‘local educational agency’’ has the meaning given

23 the term in section 14101 of the Elementary and

24 Secondary Education Act of 1965 (20 U.S.C. 8801).
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1 (2) POVERTY LINE.—The term ‘‘poverty line’’

2 means the poverty line (as defined by the Office of

3 Management and Budget, and revised annually in

4 accordance with section 673(2) of the Community

5 Services Block Grant Act (42 U.S.C. 9902(2)) appli6 cable to a family of the applicable size.

7 (3) SECRETARY.—The term ‘‘Secretary’’ means

8 the Secretary of Health and Human Services.

9 (4) STATE.—The term ‘‘State’’ includes the

10 several States, the District of Columbia, the Com11 monwealth of Puerto Rico, the Commonwealth of the

12 Northern Mariana Islands, American Samoa, Guam,

13 the Virgin Islands, and any other territory or posses14 sion of the United States.

15 (5) STATE BOARD.—The term ‘‘State board’’

16 means a State Child Care Quality Advisory Board

17 established under section 2(c).

18 SEC. 6. FUNDING.

19 Section 418 of the Social Security Act (42 U.S.C.

20 618) is amended—

21 (1) in subsection (b), by striking ‘‘this section’’

22 each place it appears and inserting ‘‘subsection (a)’’;

23 (2) by redesignating subsections (c) and (d) as

24 subsections (d) and (e), respectively; and
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1 (3) by inserting after subsection (b) the fol2 lowing:

3 ‘‘(c) APPROPRIATIONS FOR CHILD CARE QUALITY

4 IMPROVEMENT GRANT.—Out of any money in the Treas5 ury of the United States not otherwise appropriated, there

6 are appropriated $600,000,000 for each of the fiscal years

7 2000 through 2004 to carry out the Child Care Quality

8 Improvement Act of 1999.’’.

9 SEC. 7. ADVISORY COMMISSION.

10 (a) ESTABLISHMENT.—There is established a com11 mission to be known as the ‘‘Advisory Commission on

12 Quality Child Care’’.

13 (b) DUTIES.—The Commission shall—

14 (1) identify and study—

15 (A) the most important issues affecting the

16 quality of child care;

17 (B) the most efficient and effective manner

18 of ensuring that families in the United States

19 will receive quality child care; and

20 (C) other related topics that the Commis21 sion considers appropriate; and

22 (2) develop and make recommendations

23 regarding—
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1 (A) feasible goals and targets for child care

2 programs to improve the quality of child care

3 provided in accordance with such programs;

4 (B) national standards for the quality of

5 child care; and

6 (C) other related topics that the Commis7 sion considers appropriate.

8 (c) NUMBER AND APPOINTMENT OF MEMBERS.—

9 The Commission shall be composed of 9 members who

10 shall be appointed by the President before the expiration

11 of the 6-month period beginning on the date of the enact12 ment of this Act.

13 (d) QUALIFICATIONS OF MEMBERS.—Each of the in14 dividuals appointed under subsection (a) shall be an indi15 vidual with distinctive expertise or experience in child care

16 or early childhood development.

17 (e) TERMS.—Each member shall be appointed for the

18 life of the Commission. Any vacancy in the Commission

19 shall not affect its powers, but shall be filled in the manner

20 in which the original appointment was made.

21 (f) BASIC PAY.—Each member shall serve without

22 pay.

23 (g) TRAVEL EXPENSES.—Each member shall receive

24 travel expenses, including per diem in lieu of subsistence,
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1 in accordance with sections 5702 and 5703 of title 5,

2 United States Code.

3 (h) QUORUM.—A majority of the members of the

4 Commission shall constitute a quorum but a lesser number

5 may hold hearings.

6 (i) CHAIRPERSON.—The Chairperson of the Commis7 sion shall be designated by the President. The term of of8 fice of the Chairperson shall be for the life of the Commis9 sion. A vacancy in the office of the Chairperson shall be

10 filled in the manner in which the original designation was

11 made.

12 (j) MEETINGS.—The Commission shall meet not less

13 than 4 times. The initial meeting of the Commission shall

14 be at the call of the Chairperson and shall occur within

15 the 90-day period beginning on the date on which all mem16 bers of the Commission have been appointed. After the

17 initial meeting, the Commission shall meet at the call of

18 the Chairperson or a majority of its members.

19 (k) DIRECTOR.—The Commission shall have a Direc20 tor who shall be appointed by the Secretary of Health and

21 Human Services. The Secretary of Health and Human

22 Services shall fix the pay of the Director.

23 (l) STAFF.—Upon request of the Commission, the

24 Secretary of Health and Human Services shall detail, and

25 the head of any other Federal department or agency may
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1 detail, on a reimbursable basis, any of the personnel of

2 that department or agency to the Commission to assist

3 it in carrying out its duties under this Act.

4 (m) ADMINISTRATIVE SUPPORT SERVICES.—Upon

5 the request of the Commission, the Administrator of Gen6 eral Services shall provide to the Commission, on a reim7 bursable basis, the administrative support services nec8 essary for the Commission to carry out its responsibilities

9 under this Act.

10 (n) HEARINGS AND SESSIONS.—The Commission

11 may, for the purpose of carrying out this Act, hold hear12 ings, sit and act at times and places, take testimony, and

13 receive evidence as the Commission considers appropriate.

14 (o) POWERS OF MEMBERS AND AGENTS.—Any mem15 ber or agent of the Commission may, if authorized by the

16 Commission, take any action that the Commission is au17 thorized to take by this section.

18 (p) OBTAINING OFFICIAL DATA.—The Commission

19 may secure directly from any department or agency of the

20 United States information necessary to enable the Com21 mission to carry out this Act. Upon request of the Chair22 person, the head of the department or agency shall furnish

23 the information to the Commission.

24 (q) GIFTS, BEQUESTS, AND DEVISES.—The Commis25 sion may accept, use, and dispose of gifts, bequests, or
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1 devises of services or property, both real and personal, for

2 the purpose of aiding or facilitating the work of the Com3 mission. Gifts, bequests, or devises of money and proceeds

4 from sales of other property received as gifts, bequests,

5 or devises shall be deposited in the Treasury and shall be

6 available for disbursement upon order of the Commission.

7 (r) MAILS.—The Commission may use the United

8 States mails in the same manner and under the same con9 ditions as other departments and agencies of the United

10 States.

11 (s) REPORTS.—

12 (1) INTERIM REPORTS.—As soon as practicable

13 after any hearing held by the Commission, the Com14 mission shall submit to the President, Congress, and

15 the Secretary of Health and Human Services an in16 terim report summarizing the hearing and con17 taining any other information the Commission con18 siders appropriate.

19 (2) FINAL REPORT.—Not later than 2 years

20 after the date of the initial meeting of the Commis21 sion, the Commission shall submit to the President,

22 Congress, and the Secretary of Health and Human

23 Services a final report that—

24 (A) shall set forth the consensus findings

25 and recommendations of the Commission; and
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1 (B) may set forth the majority but noncon2 sensus findings and recommendations of the

3 Commission and any other information that the

4 Commission considers appropriate.

5 (3) REPORT BY SECRETARY.—Not later than 2

6 years after the date on which the Commission sub7 mits its final report, the Secretary of Health and

8 Human Services shall submit to Congress a report

9 describing any actions that the Secretary of Health

10 and Human Services has taken with respect to the

11 final report of the Commission.

12 (t) TERMINATION.—The Commission shall terminate

13 2 years after the date of its initial meeting, or on the date

14 on which the Commission submits its final report, which15 ever occurs first.

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