II 

117TH CONGRESS 

2D SESSION S. 3899 

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

reauthorize and update the Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2022 

Mr. SCOTT of South Carolina (for himself, Mr. BURR, Ms. MURKOWSKI, Ms. 

COLLINS, Mr. SULLIVAN, Mr. SASSE, Mr. GRASSLEY, Mr. YOUNG, and 

Mrs. CAPITO) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Child Care and Development Block Grant 

Act of 1990 to reauthorize and update the Act, 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 Reauthorization Act of 2022’’. 

6 SEC. 2. PURPOSES. 

7 (a) REDESIGNATION.—Section 658A of the Child 

8 Care and Development Block Grant Act of 1990 (42 

9 U.S.C. 9857) is redesignated as section 658 of such Act. 


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1 (b) AMENDMENT.—Subsection (b) of that section 658 

2 is amended to read as follows: 

3 ‘‘(b) PURPOSES.—The purposes of this subchapter 

4 are— 

5 ‘‘(1) to allow each State maximum flexibility in 

6 developing a mixed delivery system to provide child 

7 care that best suits the needs of children and work8 ing parents within that State; 

9 ‘‘(2) to promote parental choice to empower 

10 working parents to make their own decisions regard11 ing the child care services that best suit their fam12 ily’s needs; 

13 ‘‘(3) to encourage States to provide consumer 

14 education information to help parents make in15 formed choices about child care services and to pro16 mote involvement by parents and family members in 

17 the development of their children in child care set18 tings; 

19 ‘‘(4) to assist States in delivering high-quality, 

20 coordinated child care services to maximize parents’ 

21 options to cover the full workday and full work year, 

22 to support continuity of care for children, and to 

23 support parents trying to achieve independence from 

24 public assistance; 


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1 ‘‘(5) to assist States in improving the overall 

2 quality of child care by implementing the health, 

3 safety, licensing, early learning and development, 

4 professional, and oversight standards established in 

5 this subchapter and in State law (including State 

6 regulations); 

7 ‘‘(6) to assist States— 

8 ‘‘(A) in supporting the education and pro9 fessional development of child care staff; and 

10 ‘‘(B) in supporting child care providers in 

11 the recruitment of, professional development 

12 for, and retention of a qualified child care work13 force; and 

14 ‘‘(7) to increase the number and percentage of 

15 low-income children in high-quality child care set16 tings.’’. 

17 (c) RULE OF CONSTRUCTION.—The term ‘‘child 

18 care’’ as used in this subchapter includes preschool, pre19 kindergarten, and early childhood education for children 

20 birth to 5 and before school, after school, and summer 

21 care for school-age children. 

22 SEC. 3. DEFINITIONS. 

23 (a) IN GENERAL.—Section 658P of the Child Care 

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

25 9858n) is amended— 


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1 (1) by redesignating paragraphs (2) and (3), 

2 (4) through (7), (8) and (9), and (10) through (15), 

3 as paragraphs (3) and (4), (6) through (9), (11) and 

4 (12), and (14) through (19), respectively; 

5 (2) by inserting after paragraph (1) the fol6 lowing: 

7 ‘‘(2) CHILD CARE.—The term ‘child care’ in8 cludes preschool, prekindergarten, and early child9 hood education for children from birth through age 

10 5, and before school, after school, and summer care 

11 for school-age children.’’; 

12 (3) in paragraph (4), as so redesignated— 

13 (A) in subparagraph (B), by inserting 

14 ‘‘and’’ at the end; 

15 (B) in subparagraph (C), by striking ‘‘; 

16 and’’ at the end and inserting a period; and 

17 (C) by striking subparagraph (D); 

18 (4) by striking paragraph (6), as so redesig19 nated, and inserting the following: 

20 ‘‘(5) ELIGIBLE ACTIVITY.—The term ‘eligible 

21 activity’, means an activity consisting of— 

22 ‘‘(A) full-time or part-time employment; 

23 ‘‘(B) self-employment; 

24 ‘‘(C) job search activities; 

25 ‘‘(D) job training; 


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1 ‘‘(E) secondary, postsecondary, or adult 

2 education, including education through a pro3 gram of high school classes, a course of study 

4 at an institution of higher education, classes to5 wards an equivalent of a high school diploma 

6 recognized by State law, or English as a second 

7 language classes; 

8 ‘‘(F) health treatment (including mental 

9 health and substance use treatment) for a con10 dition that prevents the parent involved from 

11 participating in other eligible activities; 

12 ‘‘(G) activities to prevent child abuse or 

13 neglect, or family violence prevention or inter14 vention activities; 

15 ‘‘(H) employment and training activities 

16 under the supplemental nutrition assistance 

17 program established under section 6(d)(4) of 

18 the Food and Nutrition Act of 2008 (7 U.S.C. 

19 2015(d)(4)); 

20 ‘‘(I) employment and training activities 

21 under the Workforce Innovation and Oppor22 tunity Act (29 U.S.C. 3101 et seq.); 

23 ‘‘(J) a work activity described in sub24 section (d) of section 407 of the Social Security 

25 Act (42 U.S.C. 607) for which, consistent with 


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1 clauses (ii) and (iii) of section 402(a)(1)(A) of 

2 such Act (42 U.S.C. 602(a)(1)(A)), a parent is 

3 treated as being engaged in work for a month 

4 in a fiscal year for purposes of the program of 

5 block grants to States for temporary assistance 

6 for needy families established under part A of 

7 title IV of the Social Security Act (42 U.S.C. 

8 601 et seq.); or 

9 ‘‘(K) taking leave under the Family and 

10 Medical Leave Act of 1993 (29 U.S.C. 2601 et 

11 seq.) (or equivalent provisions for Federal em12 ployees), a State or local paid or unpaid leave 

13 law, or a program of employer-provided leave. 

14 ‘‘(6) ELIGIBLE CHILD.—The term ‘eligible 

15 child’ means an individual— 

16 ‘‘(A) who is less than 13 years of age; 

17 ‘‘(B)(i)(I) whose family income does not 

18 exceed 85 percent of the State median income 

19 for a family of the same size; or 

20 ‘‘(II) in the case of a State that has deter21 mined it is necessary to serve additional chil22 dren, after ensuring that all eligible children de23 scribed in subclause (I) have had an appro24 priate opportunity to receive services under this 

25 subchapter, whose family income does not exVerDate Sep 11 2014 16:58 Mar 23, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3899.IS S3899

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1 ceed a State limit that is not more than 150 

2 percent of the State median income for a family 

3 of the same size; and 

4 ‘‘(ii) whose family assets do not exceed 

5 $1,000,000 (as certified by a member of such 

6 family); and 

7 ‘‘(C) who— 

8 ‘‘(i) resides with a parent or parents 

9 who are participating in an eligible activ10 ity; 

11 ‘‘(ii) is a child experiencing homeless12 ness, a child in kinship care, or a child who 

13 is receiving, or needs to receive, child pro14 tective services; or 

15 ‘‘(iii) resides with a parent who is 

16 more than 65 years of age.’’; 

17 (5) in paragraph (8), as so redesignated— 

18 (A) in subparagraph (A), by striking ‘‘or’’ 

19 at the end; 

20 (B) in subparagraph (B)— 

21 (i) by inserting ‘‘the child (if the 

22 spouse of such provider is engaged in an 

23 eligible activity),’’ after ‘‘decree,’’; and 

24 (ii) by striking the period at the end 

25 and inserting ‘‘; or’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(C) notwithstanding section 645(a)(1)(B) 

3 of the Head Start Act (42 U.S.C. 

4 9840(a)(1)(B)), a Head Start agency.’’; 

5 (6) by striking paragraph (9), as so redesig6 nated, and inserting the following: 

7 ‘‘(9) FAMILY CHILD CARE PROVIDER.—The 

8 term ‘family child care provider’ means an individual 

9 who provides child care services in a private resi10 dence— 

11 ‘‘(A) for fewer than 24 hours per day per 

12 child; or 

13 ‘‘(B) for 24 hours per day per child due to 

14 the nature of the work of the parent involved. 

15 ‘‘(10) HOMELESS CHILD.—The term ‘homeless 

16 child’ means an individual described in section 

17 725(2) of the McKinney-Vento Homeless Assistance 

18 Act (42 U.S.C. 11434a(2)).’’; 

19 (7) in paragraph (11), as so redesignated, by 

20 striking ‘‘(11)’’ and all that follows through ‘‘mean21 ing’’ and inserting the following: 

22 ‘‘(11) INDIAN TRIBE; INDIAN TRIBE.—The term 

23 ‘Indian Tribe’ or ‘Indian tribe’ has the meaning’’; 

24 (8) by inserting after paragraph (12), as so re25 designated, the following: 


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1 ‘‘(13) MIXED DELIVERY SYSTEM.—The term 

2 ‘mixed delivery system’ means a system of child care 

3 services that— 

4 ‘‘(A) promotes parental choice to empower 

5 working parents to make their own decisions re6 garding the child care services that best suit 

7 their family’s needs; 

8 ‘‘(B) delivers services through a combina9 tion of programs offered by eligible child care 

10 providers (including faith-based and commu11 nity-based child care providers) in a variety of 

12 settings (including family child care homes, 

13 child care centers, Head Start centers, and pub14 lic and private schools); and 

15 ‘‘(C) is supported with a combination of 

16 public and private funds.’’; 

17 (9) in paragraph (16), as so redesignated, by 

18 striking ‘‘unless the context specifies otherwise’’ and 

19 inserting ‘‘except as otherwise specified’’; and 

20 (10) in paragraph (19), as so redesignated, by 

21 striking ‘‘(19)’’ and all that follows through ‘‘has the 

22 meaning’’ and inserting the following: 

23 ‘‘(19) TRIBAL ORGANIZATION; TRIBAL ORGANI24 ZATION.— 


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1 ‘‘(A) IN GENERAL.—The term ‘Tribal or2 ganization’ or ‘tribal organization’ has the 

3 meaning’’. 

4 (b) REDESIGNATION.—The Child Care and Develop5 ment Block Grant Act of 1990 (42 U.S.C. 9857 et seq.) 

6 is amended— 

7 (1) by redesignating section 658P as section 

8 658A; and 

9 (2) by moving section 658A, as so redesignated, 

10 to follow section 658, as redesignated by section 2. 

11 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) PART.—The Child Care and Development Block 

13 Grant Act of 1990 is amended by inserting before section 

14 658B the following: 

15 ‘‘PART I—CHILD CARE SERVICES’’. 

16 (b) IN GENERAL.—Section 658B of the Child Care 

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

18 9858) is amended to read as follows: 

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

20 ‘‘There is authorized to be appropriated to carry out 

21 this subchapter (other than section 658T) $6,165,330,000 

22 for fiscal year 2022, and such sums as may be necessary 

23 for each of fiscal years 2023 through 2026.’’. 


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1 SEC. 5. LEAD AGENCY. 

2 Section 658D(b) of the Child Care and Development 

3 Block Grant Act of 1990 (42 U.S.C. 9858b(b)) is amend4 ed by striking paragraph (2) and inserting the following: 

5 ‘‘(2) DEVELOPMENT OF PLAN.—The lead agen6 cy shall develop the State plan described in para7 graph (1)(B) in meaningful consultation with— 

8 ‘‘(A) parents of children eligible for serv9 ices under this subchapter, which shall include 

10 parents of children in a priority population de11 scribed in section 658E(c)(2)(M); 

12 ‘‘(B) eligible child care providers that rep13 resent the various geographic areas and types 

14 of providers in the State; 

15 ‘‘(C) employers of various sizes and with 

16 various hours and days of operations whose em17 ployees rely on reliable and accessible child care 

18 to work; and 

19 ‘‘(D) appropriate representatives of units 

20 of general purpose local government and, as ap21 propriate, of Indian Tribes and Tribal organiza22 tions.’’. 

23 SEC. 6. APPLICATION AND PLAN. 

24 Section 658E of the Child Care and Development 

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


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1 (1) in subsection (b), by striking ‘‘3-year’’ and 

2 inserting ‘‘5-year’’; and 

3 (2) in subsection (c)— 

4 (A) in paragraph (2)— 

5 (i) in subparagraph (A)(i)— 

6 (I) in subclause (I), by striking 

7 ‘‘a child’’ and inserting ‘‘an eligible 

8 child’’; and 

9 (II) in subclause (II), by striking 

10 ‘‘section 658P(2)’’ and inserting ‘‘sec11 tion 658A(3)’’; 

12 (ii) in subparagraph (D), by striking 

13 ‘‘, not later’’ and all that follows through 

14 ‘‘subparagraph (K)(i),’’; 

15 (iii) in subparagraph (E)(i)— 

16 (I) in the matter preceding sub17 clause (I), by inserting ‘‘, offered 

18 through a mixed delivery system,’’ 

19 after ‘‘full diversity of child care serv20 ices’’; 

21 (II) in subclause (I), by inserting 

22 ‘‘(including information on the hours 

23 and days of operation and ages 

24 served)’’ after ‘‘of child care services’’; 


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1 (III) in subclause (II), by insert2 ing before the semicolon the following: 

3 ‘‘or a national accrediting body with 

4 demonstrated, valid, and reliable pro5 gram standards for high quality’’; and 

6 (IV) in subclause (IV)— 

7 (aa) by striking ‘‘and’’ be8 fore ‘‘the Medicaid’’; and 

9 (bb) by inserting before the 

10 semicolon the following: ‘‘, and 

11 the Maternal, Infant, and Early 

12 Childhood Home Visiting Pro13 grams under section 511 of the 

14 Social Security Act (42 U.S.C. 

15 711)’’; 

16 (iv) in subparagraph (G)— 

17 (I) in the subparagraph heading, 

18 by striking ‘‘TRAINING AND PROFES19 SIONAL’’ and inserting ‘‘PROFES20 SIONAL’’; 

21 (II) in clause (i) and clause (ii) 

22 (in the matter preceding subclause 

23 (I)), by striking ‘‘training and’’ before 

24 ‘‘professional development’’; 


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1 (III) in clause (ii)(II), by striking 

2 ‘‘, and may engage’’ and all that fol3 lows through ‘‘training framework’’; 

4 and 

5 (IV) in clause (iii), by striking 

6 ‘‘training’’ and inserting ‘‘professional 

7 development’’; 

8 (v) in subparagraph (I)(i)— 

9 (I) in subclause (VII)— 

10 (aa) by striking ‘‘for emer11 gencies’’ and inserting the fol12 lowing: ‘‘for— 

13 ‘‘(aa) emergencies’’; 

14 (bb) by striking the semi15 colon at the end and inserting ‘‘; 

16 and’’; and 

17 (cc) by adding at the end 

18 the following: 

19 ‘‘(bb) a public health emer20 gency declared by the Secretary 

21 pursuant to section 319 of the 

22 Public Health Service Act (42 

23 U.S.C. 247d);’’; and 

24 (II) in subclause (IX), by strik25 ing ‘‘if applicable,’’; 


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1 (vi) in subparagraph (J)— 

2 (I) by striking ‘‘that procedures’’ 

3 and inserting the following: ‘‘that— 

4 ‘‘(i) procedures’’; 

5 (II) by striking the period at the 

6 end and inserting ‘‘; and’’; and 

7 (III) by adding at the end the 

8 following: 

9 ‘‘(ii) the State will undertake a review 

10 of State and local health and safety re11 quirements (including requirements for in12 spections under this subchapter and the 

13 child and adult care food program estab14 lished under section 17 of the Richard B. 

15 Russell National School Lunch Act (42 

16 U.S.C. 1766)) to determine redundancies 

17 and oversights that may exist, to ensure— 

18 ‘‘(I) children receive child care 

19 services in healthy and safe environ20 ments; and 

21 ‘‘(II) child care providers can 

22 easily identify, understand, and com23 ply with applicable health and safety 

24 requirements.’’; 

25 (vii) in subparagraph (K)(i)— 


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1 (I) in the matter preceding sub2 clause (I), by striking ‘‘, not later’’ 

3 and all that follows through ‘‘2014,’’; 

4 and 

5 (II) in subclause (IV), by striking 

6 ‘‘section 658P(6)(B)’’ and inserting 

7 ‘‘section 658A(8)(B)’’; 

8 (viii) in subparagraph (M)— 

9 (I) by redesignating clauses (ii) 

10 through (iv) as clauses (iii) through 

11 (v), respectively; 

12 (II) by striking clause (i) and in13 serting the following: 

14 ‘‘(i) children in underserved areas, in15 cluding areas that have significant con16 centrations of poverty and unemployment 

17 and that do not have a supply of eligible 

18 child care providers; 

19 ‘‘(ii) children in rural areas;’’; and 

20 (III) in clause (iv), as so redesig21 nated, by striking ‘‘, as defined by the 

22 State’’; 

23 (ix) in subparagraph (N)— 


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1 (I) in clauses (i)(I) and (iv), by 

2 striking ‘‘85 percent’’ and inserting 

3 ‘‘150 percent’’; and 

4 (II) in clause (iii), by striking 

5 ‘‘At the option of the State, the’’ and 

6 inserting ‘‘The’’; 

7 (x) in subparagraph (O)(i), by strik8 ing ‘‘full-day services’’ and inserting ‘‘full 

9 workday and full work year services’’; 

10 (xi) in subparagraph (S)(ii), by strik11 ing ‘‘, to the extent’’ and all that follows 

12 through ‘‘fixed costs’’ and inserting ‘‘im13 plement enrollment and eligibility policies 

14 that support the fixed and operational 

15 costs’’; 

16 (xii) in subparagraph (T)(i), by strik17 ing ‘‘or implement’’ and all that follows 

18 through ‘‘of 2014)’’ and inserting ‘‘and im19 plement early learning and developmental 

20 guidelines’’; 

21 (xiii) in subparagraph (U)— 

22 (I) in clause (i)— 

23 (aa) by striking ‘‘Governor 

24 or’’ and inserting ‘‘Governor,’’; 

25 and 


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1 (bb) by inserting before the 

2 period the following: ‘‘, or a pub3 lic health emergency declared by 

4 the Secretary pursuant to section 

5 319 of the Public Health Service 

6 Act (42 U.S.C. 247d)’’; 

7 (II) in clause (ii), by inserting 

8 ‘‘State and local health agencies,’’ 

9 after ‘‘licensing of child care pro10 viders,’’; and 

11 (III) in clause (iii)(II), by strik12 ing ‘‘following the emergency or dis13 aster, which may include’’ and insert14 ing ‘‘during and following the emer15 gency or disaster, which shall include 

16 guidelines for the’’; and 

17 (xiv) in subparagraph (V), by striking 

18 ‘‘develop’’ and all that follows through 

19 ‘‘services.’’ and inserting ‘‘support child 

20 care business technical assistance including 

21 supporting— 

22 ‘‘(I) provision of strategies to 

23 support management coaching and 

24 the use of core best business prac25 tices; 


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1 ‘‘(II) development and use of 

2 shared services initiatives including 

3 initiatives involving provider networks 

4 such as child care center alliances and 

5 family child care provider networks; 

6 and 

7 ‘‘(III) coordination of activities 

8 with programs of the Small Business 

9 Administration, programs of the De10 partment of Agriculture, and other 

11 Federal, State, and local programs 

12 supporting child care businesses.’’; 

13 (B) in paragraph (3)— 

14 (i) in subparagraph (B)(ii), by strik15 ing ‘‘Not later’’ and all that follows 

16 through ‘‘shall prepare’’ and inserting 

17 ‘‘Not later than September 30 of each fis18 cal year, the Secretary shall prepare’’; and 

19 (ii) in subparagraph (D)— 

20 (I) by striking ‘‘with respect to’’ 

21 and all that follows through ‘‘2020’’ 

22 and inserting ‘‘with respect to each 

23 fiscal year)’’; and 

24 (II) by striking ‘‘described in 

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1 serting ‘‘in priority populations de2 scribed in’’; 

3 (C) in paragraph (4)— 

4 (i) by striking subparagraphs (A) and 

5 (B) and inserting the following: 

6 ‘‘(A) IN GENERAL.—The State plan shall 

7 certify, not later than October 1, 2024, that 

8 payment rates, for the provision of child care 

9 services for which assistance is provided in ac10 cordance with this subchapter, are sufficient to 

11 meet the cost of providing the child care serv12 ices, including the fixed and operational costs of 

13 providing the child care services, and are set 

14 and paid in accordance with a cost estimation 

15 model described in subparagraph (B). 

16 ‘‘(B) COST ESTIMATION MODEL.—The 

17 State plan shall— 

18 ‘‘(i) demonstrate that the State, after 

19 consulting with eligible child care pro20 viders, the State Advisory Council on Early 

21 Childhood Education and Care designated 

22 or established in section 642B(b)(1)(A)(i) 

23 of the Head Start Act (42 U.S.C. 

24 9837b(b)(1)(A)(i)), local child care pro25 gram administrators, local child care reVerDate Sep 11 2014 16:58 Mar 23, 2022 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S3899.IS S3899

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1 source and referral agencies, and other ap2 propriate entities, has developed and uses 

3 a statistically valid and reliable cost esti4 mation model for the payment rates for 

5 providers of child care services in the 

6 State, that— 

7 ‘‘(I) reflects the costs of service 

8 delivery, including fixed costs, oper9 ating expenses, and staff salaries and 

10 benefits necessary to recruit, train, 

11 and retain qualified staff; 

12 ‘‘(II) reflects variations in the 

13 costs of service delivery by submarket, 

14 type of provider, and children served, 

15 including by— 

16 ‘‘(aa) geographic area (such 

17 as location in an urban or rural 

18 area); 

19 ‘‘(bb) ages of children; 

20 ‘‘(cc) whether the children 

21 have particular needs (such as 

22 needs of children with disabilities 

23 and children served by child pro24 tective services); 


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1 ‘‘(dd) whether the providers 

2 provide services during weekend 

3 and other nontraditional hours; 

4 and 

5 ‘‘(ee) quality of child care 

6 provider as determined by the 

7 State; and 

8 ‘‘(III) is reviewed not less often 

9 than once every 2 years and adjusted 

10 as may be necessary to— 

11 ‘‘(aa) ensure payment rates 

12 remain sufficient to meet the re13 quirements of this subchapter; 

14 and 

15 ‘‘(bb) provide a cost of living 

16 increase to maintain the level of 

17 services provided during the year 

18 prior to the review; and 

19 ‘‘(ii) describe how the State will pro20 vide for timely payments, set in accordance 

21 with the model described in clause (i), for 

22 child care services provided under this sub23 chapter.’’; 

24 (ii) in subparagraph (C)— 

25 (I) by striking clause (ii); and 


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1 (II) by striking ‘‘(C)’’ and all 

2 that follows through ‘‘Nothing’’ and 

3 inserting the following: 

4 ‘‘(C) CONSTRUCTION.—Nothing’’; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(D) NO FEDERAL CONTROL.—The Sec8 retary may offer guidance to States on cost es9 timation models described in subparagraph (B), 

10 but shall not require a State to adopt a par11 ticular cost estimation model or element of a 

12 particular cost estimation model.’’; and 

13 (D) by striking paragraph (5) and insert14 ing the following: 

15 ‘‘(5) SLIDING FEE SCALE.— 

16 ‘‘(A) IN GENERAL.—The State plan shall 

17 provide that the State will establish and peri18 odically revise a sliding fee scale to determine 

19 a full copayment for a family receiving assist20 ance under this subchapter (or, for a family re21 ceiving part-time care, a reduced copayment 

22 that is the proportionate amount of the full co23 payment) that shall be set in accordance with 

24 subparagraph (B) and that is not a barrier to 


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1 families receiving assistance under this sub2 chapter. 

3 ‘‘(B) COPAYMENT.— 

4 ‘‘(i) FULL COPAYMENT.—The State 

5 shall ensure that the sliding fee scale re6 sults in a full copayment, toward the cost 

7 of the child care involved for all eligible 

8 children in the family for a family receiv9 ing assistance under the subchapter, that 

10 shall be set, for a family with a family in11 come— 

12 ‘‘(I) of not more than 75 percent 

13 of the State median income for a fam14 ily of the same size, to be 0 percent 

15 of that family income; 

16 ‘‘(II) of more than 75 percent 

17 but not more than 100 percent of the 

18 State median income for a family of 

19 the same size, to be more than 0 but 

20 not more than 2 percent of that fam21 ily income; 

22 ‘‘(III) of more than 100 percent 

23 but not more than 125 percent of the 

24 State median income for a family of 

25 the same size, to be more than 2 but 


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1 not more than 4 percent of that fam2 ily income; and 

3 ‘‘(IV) of more than 125 percent 

4 but not more than 150 percent of the 

5 State median income for a family of 

6 the same size, to be more than 4 but 

7 not more than 7 percent of that fam8 ily income. 

9 ‘‘(ii) REDUCED COPAYMENT.—The 

10 State shall ensure that the sliding fee scale 

11 results in a reduced copayment toward the 

12 cost specified in clause (i), for a family re13 ceiving part-time care, that shall be the 

14 proportionate amount of the full copay15 ment under clause (i).’’. 

16 SEC. 7. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD 

17 CARE. 

18 Section 658G of the Child Care and Development 

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

20 (1) in subsection (a)(2)— 

21 (A) by striking subparagraph (A) and in22 serting the following: 

23 ‘‘(A) to carry out the activities described in 

24 paragraph (1), not less than 9 percent of the 


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1 funds described in paragraph (1) for each fiscal 

2 year; and’’; and 

3 (B) in subparagraph (B)— 

4 (i) by striking ‘‘received not later’’ 

5 and all that follows through ‘‘succeeding 

6 full fiscal year’’ and inserting ‘‘received for 

7 each fiscal year’’; and 

8 (ii) by striking ‘‘and subsection 

9 (b)(4)’’; 

10 (2) in subsection (b)— 

11 (A) in the matter preceding paragraph (1), 

12 by inserting ‘‘(which shall include activities se13 lected by the State to carry out paragraph (1))’’ 

14 after ‘‘following activities’’; 

15 (B) by striking paragraphs (1) and (2) and 

16 inserting the following: 

17 ‘‘(1) Supporting the education and professional 

18 development of child care staff and supporting child 

19 care providers in the recruitment of, professional de20 velopment for, and retention of a qualified child care 

21 workforce, through activities selected by the State 

22 such as— 

23 ‘‘(A) the development and expansion of ini24 tiatives to assist child care staff in the attain25 ment of postsecondary credentials and degrees; 


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1 ‘‘(B) the provision of financial assistance 

2 (including through bonuses, retention grants, 

3 and wage supplements)— 

4 ‘‘(i) for child care staff to pursue a 

5 postsecondary credential or degree; and 

6 ‘‘(ii) for child care providers to re7 cruit, provide professional development for, 

8 and retain child care staff who have at9 tained such credentials or degrees; 

10 ‘‘(C) the development and implementation 

11 of apprenticeship programs that equip appren12 tices with specialized knowledge, skills, and 

13 competencies required to work in child care, 

14 which programs may include activities to— 

15 ‘‘(i) increase the number of individ16 uals (including the number of individuals 

17 seeking to work with priority populations 

18 of children described in section 

19 658E(c)(2)(M)) who complete an appren20 ticeship program and obtain a credential or 

21 degree; 

22 ‘‘(ii) promote the recruitment and re23 tention of apprentices through strategies 

24 for— 


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1 ‘‘(I) supervising and mentoring 

2 apprentices; and 

3 ‘‘(II) providing pathways to ca4 reer advancement for apprentices; and 

5 ‘‘(iii) support partnerships between in6 stitutions of higher education, eligible child 

7 care providers (or a consortium of eligible 

8 child care providers), and other entities 

9 participating in an apprenticeship program 

10 to provide for— 

11 ‘‘(I) the award of postsecondary 

12 academic credit for related instruction 

13 or on-the-job training provided 

14 through the apprenticeship; and 

15 ‘‘(II) the application of such 

16 credit toward a credential or degree 

17 from an institution in the partnership; 

18 or 

19 ‘‘(D) professional development opportuni20 ties for child care providers that relate to— 

21 ‘‘(i) the use of scientifically based, de22 velopmentally appropriate and age-appro23 priate strategies to promote the social, 

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1 fessional development for child care pro2 viders caring for those priority populations 

3 of children described in section 

4 658E(c)(2)(M); 

5 ‘‘(ii) the use of effective behavior 

6 management strategies, including positive 

7 behavior interventions and support models, 

8 that promote positive social and emotional 

9 development and reduce challenging behav10 iors, including reducing expulsions of pre11 school-aged children for such behaviors; 

12 ‘‘(iii) the nutritional and physical ac13 tivity needs of young children to promote 

14 healthy development; and 

15 ‘‘(iv) the use of strategies for engag16 ing parents and families in culturally and 

17 linguistically appropriate ways to expand 

18 their knowledge, skills, and capacity to 

19 support their children’s development;’’; 

20 (C) by redesignating paragraph (3) as 

21 paragraph (2); 

22 (D) in paragraph (2), as so redesignated— 

23 (i) by striking subparagraph (A) and 

24 inserting the following: 


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1 ‘‘(A) support and assess the quality of 

2 child care providers in the State, which may in3 clude supporting child care providers in the vol4 untary pursuit of accreditation by a national 

5 accrediting body with demonstrated, valid, and 

6 reliable program standards of high quality;’’; 

7 and 

8 (ii) by striking subparagraph (C) and 

9 inserting the following: 

10 ‘‘(C) be designed to improve the quality of 

11 different types of child care providers and serv12 ices, including child care centers and family 

13 child care providers, and which shall be appro14 priate for providers serving different age groups 

15 of children and for providers serving children 

16 during nontraditional hours of operation;’’; 

17 (E) by inserting after paragraph (2), as so 

18 redesignated, the following: 

19 ‘‘(3) Establishing or expanding a statewide sys20 tem of child care resource and referral services to 

21 help parents make informed choices about child care 

22 services through transparent and easy-to-understand 

23 consumer information about high-quality care and 

24 education.’’; 


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1 (F) by striking paragraphs (4) through 

2 (6); 

3 (G) by redesignating paragraph (7) as 

4 paragraph (4); 

5 (H) by striking paragraphs (8) and (9); 

6 and 

7 (I) by redesignating paragraph (10) as 

8 paragraph (5); and 

9 (3) in subsection (c), by striking ‘‘Beginning 

10 with fiscal year 2016, at’’ and inserting ‘‘At’’. 

11 SEC. 8. REPORTS AND AUDITS. 

12 Section 685K(a)(2) of the Child Care and Develop13 ment Block Grant Act of 1990 (42 U.S.C. 9858i(a)(2)) 

14 is amended— 

15 (1) in the matter preceding subparagraph (A)— 

16 (A) by striking ‘‘Not later than’’ and all 

17 that follows through ‘‘a State’’ and inserting ‘‘A 

18 State’’; and 

19 (B) by inserting ‘‘annually’’ before ‘‘pre20 pare’’; 

21 (2) in subparagraph (A), by striking ‘‘section 

22 658P(6)’’ and inserting ‘‘section 658A(8)’’; and 

23 (3) in subparagraph (F), by striking ‘‘section 

24 658P(6)(B)’’ and inserting ‘‘section 658A(8)(B)’’. 


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1 SEC. 9. REPORTS, HOTLINE, AND WEBSITE. 

2 Section 658L of the Child Care and Development 

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

4 (1) in subsection (a), by striking ‘‘Not later’’ 

5 and all that follows through ‘‘the Secretary shall’’ 

6 and inserting ‘‘The Secretary shall biennially’’; and 

7 (2) in subsection (b)(2)(B)(ii), by inserting ‘‘, 

8 or a national accrediting body with demonstrated, 

9 valid, and reliable program standards for high qual10 ity,’’ after ‘‘System’’. 

11 SEC. 10. TECHNICAL AMENDMENTS. 

12 Section 658O(a) of the Child Care and Development 

13 Block Grant Act of 1990 (42 U.S.C. 9858m(a)) is amend14 ed— 

15 (1) in paragraphs (1), (3), and (4) by striking 

16 ‘‘this subchapter’’ and inserting ‘‘section 658B’’; 

17 and 

18 (2) in paragraph (5) by striking ‘‘this sub19 chapter’’ the first place it appears and inserting 

20 ‘‘section 658B’’. 

21 SEC. 11. CHILD CARE SUPPLY AND FACILITIES GRANTS. 

22 The Child Care and Development Block Grant Act 

23 of 1990 (42 U.S.C. 9857 et seq.) is amended by adding 

24 at the end the following: 


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1 ‘‘PART II—CHILD CARE SUPPLY AND FACILITIES 

2 ‘‘SEC. 658T. CHILD CARE SUPPLY AND FACILITIES GRANTS. 

3 ‘‘(a) PURPOSES.—The purposes of this section are to 

4 provide grants to States, territories described in section 

5 658O(a)(1) (referred to individually in this part as a ‘ter6 ritory’), Indian Tribes, and Tribal organizations to— 

7 ‘‘(1) expand the supply and capacity of child 

8 care providers so that working parents have multiple 

9 high-quality child care options to choose from in 

10 making their own decisions regarding the child care 

11 and early education services that best suit their fam12 ily’s needs; and 

13 ‘‘(2) ensure child care facilities are designed 

14 and equipped to keep children healthy and safe and 

15 to enhance children’s physical, cognitive, and behav16 ioral development. 

17 ‘‘(b) QUALIFIED CHILD CARE PROVIDER.—In this 

18 section, the term ‘qualified child care provider’ means– 

19 ‘‘(1) an eligible child care provider as defined in 

20 section 658A(8)(A) that is providing, or seeking to 

21 provide, child care services to children eligible for 

22 services under this subchapter; or 

23 ‘‘(2) a child care provider that has applied 

24 under this subchapter to become an eligible child 

25 care provider as defined in section 658A(8)(A) and 


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1 that commits to provide child care services to chil2 dren eligible for services under this subchapter. 

3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 is authorized to be appropriated to carry out this section 

5 such sums as may be necessary for each of fiscal years 

6 2023 through 2025. 

7 ‘‘(d) GRANTS AUTHORIZED; ALLOTMENTS.— 

8 ‘‘(1) IN GENERAL.—From funds made available 

9 under subsection (c), the Secretary shall make 

10 grants to States, territories, Indian Tribes, and 

11 Tribal organizations to carry out the activities de12 scribed in subsection (f). 

13 ‘‘(2) RESERVATION.—The Secretary shall re14 serve not more than 1 percent of the amount appro15 priated under subsection (c) for a fiscal year to 

16 carry out this section to pay for the costs of the 

17 Federal administration of this section. 

18 ‘‘(3) ALLOTMENTS.—From the amount appro19 priated to carry out this section for a fiscal year 

20 that remains after the Secretary makes the reserva21 tion under paragraph (2), the Secretary shall award 

22 to each lead agency with an approved plan under 

23 subsection (e), a child care supply and facilities 

24 grant in accordance with paragraphs (1) and (2) of 

25 subsection (a), and subsection (b), of section 658O, 


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1 for the grants authorized under paragraph (1). A 

2 grant made under this paragraph in accordance with 

3 paragraph (1) or (2) of that subsection shall be for 

4 the purpose of carrying out the program described 

5 in this section, consistent, to the extent practicable 

6 as determined by the Secretary, with the require7 ments applicable to States. 

8 ‘‘(e) STATE PLAN.— 

9 ‘‘(1) IN GENERAL.—In order to receive a grant 

10 under this section, a State shall submit a plan to the 

11 Secretary, at such time and in such manner as the 

12 Secretary may reasonably require. 

13 ‘‘(2) CONTENTS.—Each plan submitted by a 

14 State under this section shall include each of the fol15 lowing: 

16 ‘‘(A) A description of how the State will 

17 use funds received under this section for State18 level activities under subsection (f)(1). 

19 ‘‘(B) A description of how the State will 

20 ensure that qualified child care providers in 

21 urban, suburban, and rural areas can readily 

22 apply for and access funding under this section, 

23 which shall include providing technical assist24 ance either directly or through a third party 

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1 cy or a staffed family child care provider net2 work. 

3 ‘‘(C) A description of how the State will 

4 determine the prioritization of subgrants to 

5 qualified child care providers in accordance with 

6 subsection (f)(5). 

7 ‘‘(D) An assurance that the State will 

8 make available to the public, which shall in9 clude, at a minimum, posting to an internet 

10 website of the lead agency— 

11 ‘‘(i) a notice of funding availability 

12 through subgrants for qualified child care 

13 providers under this section; and 

14 ‘‘(ii) the criteria for awarding sub15 grants for qualified child care providers, 

16 including the methodology the lead agency 

17 will use to determine the amounts of such 

18 subgrants for qualified child care pro19 viders. 

20 ‘‘(f) STATE USE OF FUNDS.— 

21 ‘‘(1) RESERVATION.—A lead agency that re22 ceives a grant under subsection (d) shall reserve not 

23 more than 10 percent of the grant funds for State24 level activities, consisting of administering subgrants 


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1 and providing technical assistance and support, for 

2 activities supported under this section. 

3 ‘‘(2) SUBGRANTS.—The lead agency shall use 

4 the remainder of the grant funds awarded pursuant 

5 to subsection (d) to make subgrants as described in 

6 paragraphs (3) and (4). 

7 ‘‘(3) STARTUP AND SUPPLY EXPANSION SUB8 GRANTS.— 

9 ‘‘(A) IN GENERAL.—The lead agency shall 

10 make startup and supply expansion subgrants 

11 to qualified child care providers that are pro12 viding, or seeking to provide, child care services 

13 under this subchapter to eligible children, to— 

14 ‘‘(i) support the providers in paying 

15 for startup and expansion costs; 

16 ‘‘(ii) assist such providers in meet17 ing— 

18 ‘‘(I) the health and safety re19 quirements (including the require20 ments referred to in section 

21 658E(c)(2)(I)) of the State, territory, 

22 Indian Tribe, or local government in23 volved, as the case may be; 

24 ‘‘(II) licensing and other regu25 latory standards of the State, terriVerDate Sep 11 2014 16:58 Mar 23, 2022 Jkt 029200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S3899.IS S3899

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1 tory, Indian Tribe, or local govern2 ment involved, as the case may be, for 

3 child care providers; and 

4 ‘‘(III) as applicable, the require5 ments of a State’s tiered quality rat6 ing system for child care providers; 

7 and 

8 ‘‘(iii) establishing or expanding the 

9 operation of community- or neighborhood10 based family child care networks. 

11 ‘‘(B) REQUIREMENT.—As a condition of 

12 receiving a startup or supply expansion 

13 subgrant under this paragraph, a qualified child 

14 care provider shall commit to meeting the re15 quirements for an eligible child care provider 

16 under this subchapter and to providing child 

17 care services under this subchapter to eligible 

18 children, on an ongoing basis. 

19 ‘‘(4) FACILITIES SUBGRANTS.— 

20 ‘‘(A) IN GENERAL.—The lead agency shall 

21 make facilities subgrants to qualified child care 

22 providers that are providing, or seeking to pro23 vide, child care services under this subchapter 

24 to eligible children, for, notwithstanding section 

25 658F(b)— 


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1 ‘‘(i) remodeling, renovation, or repair 

2 of a building or facility used for providing 

3 direct child care services; and 

4 ‘‘(ii) construction, permanent improve5 ment, or major renovation of a building or 

6 facility used for providing direct child care 

7 services. 

8 ‘‘(B) REQUIREMENT.—As a condition of 

9 receiving a facilities subgrant under this para10 graph, a child care provider shall commit to 

11 meeting the requirements for an eligible child 

12 care provider under this subchapter and to pro13 viding child care services under this subchapter 

14 to eligible children on an ongoing basis. 

15 ‘‘(C) FEDERAL INTEREST.— 

16 ‘‘(i) FAMILY CHILD CARE HOMES.— 

17 Federal law regarding a Federal interest in 

18 real property shall not apply to the renova19 tion, remodeling, repair, or permanent im20 provement of privately owned family child 

21 care homes with funds provided under this 

22 paragraph, and the Secretary shall develop 

23 parameters for the use of such funds for 

24 family child care homes. 


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1 ‘‘(ii) RETENTION.—If the Secretary 

2 retains a Federal interest in any facility 

3 constructed, renovated, remodeled, re4 paired, or permanently improved with 

5 funds provided under this paragraph, the 

6 Secretary shall not retain the Federal in7 terest for more than 10 years. 

8 ‘‘(5) PRIORITY.—In awarding subgrants under 

9 paragraphs (3) and (4), the lead agency shall give 

10 priority to qualified child care providers providing or 

11 seeking to provide child care services to priority pop12 ulations of children described in section 

13 658E(c)(2)(M). 

14 ‘‘(g) SUPPLEMENT NOT SUPPLANT.—Amounts made 

15 available to carry out this section shall be used to supple16 ment and not supplant other Federal, State, and local 

17 public funds expended to increase the supply of child care 

18 and to improve child care facilities. 

19 ‘‘(h) DOCUMENTATION AND REPORTING REQUIRE20 MENTS.— 

21 ‘‘(1) DOCUMENTATION.—A State receiving a 

22 grant under subsection (d) shall provide documenta23 tion of any State expenditures from grant funds re24 ceived under subsection (d) in accordance with secVerDate Sep 11 2014 16:58 Mar 23, 2022 Jkt 029200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S3899.IS S3899

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1 tion 658K(b), to the independent entity described in 

2 that section. 

3 ‘‘(2) REPORTS.— 

4 ‘‘(A) LEAD AGENCY REPORT.—A lead 

5 agency receiving a grant under subsection (d) 

6 shall, not later than 12 months after receiving 

7 such grant, submit a report to the Secretary 

8 that includes, for the State involved, a descrip9 tion of each lead agency program of subgrants 

10 carried out to meet the objectives of this sec11 tion, including— 

12 ‘‘(i) the number of eligible child care 

13 providers in operation at the start of the 

14 grant period, and the number of such pro15 viders 11 months later, disaggregated by 

16 age of children served, geographic region, 

17 and child care setting (including whether 

18 the provider was in a center-based or fam19 ily child care setting); 

20 ‘‘(ii) the number of child care slots, in 

21 the capacity of eligible child care providers 

22 given applicable group size limits and 

23 staff-to-child ratios, that were open for at24 tendance of children at the start of the 

25 grant period and the number of such slots 


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1 11 months later, disaggregated by age of 

2 children served, geographic region, and 

3 child care setting (including whether the 

4 slot was in a center-based or family child 

5 care setting), and each priority population 

6 of children described in section 

7 658E(c)(2)(M); 

8 ‘‘(iii)(I) the number and percentage of 

9 qualified child care providers that received 

10 a subgrant under subsection (f)(3), 

11 disaggregated by age of children served, 

12 geographic region, and child care setting 

13 (including whether the provider was in a 

14 center-based or family child care setting), 

15 and the average and range of the amounts 

16 of the subgrants awarded; and 

17 ‘‘(II) the number and percentage of 

18 qualified child care providers that received 

19 a subgrant under subsection (f)(4), 

20 disaggregated by age of children served, 

21 geographic region, and child care setting 

22 (including whether the provider was in a 

23 center-based or family child care setting), 

24 and the average and range of the amounts 

25 of the subgrants awarded; and 


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1 ‘‘(iv) information concerning how 

2 qualified child care providers receiving sub3 grants under subsection (f)(3) or (f)(4) 

4 used the subgrant funding received. 

5 ‘‘(B) REPORT TO CONGRESS.—The Sec6 retary shall transmit annually to the Committee 

7 on Education and Labor of the House of Rep8 resentatives and the Committee on Health, 

9 Education, Labor, and Pensions of the Senate 

10 a report that provides national and State-level 

11 data for the information collected under sub12 paragraph (A). 

13 ‘‘(i) CONSTRUCTION.—No reference in part 1 to ‘this 

14 subchapter’ shall be considered to refer to a provision of 

15 this part.’’. 

16 SEC. 12. DEPARTMENT OF AGRICULTURE LOAN RESTRIC17 TIONS. 

18 The Secretary of Agriculture shall revise section 

19 3555.102(c) of title 7, Code of Federal Regulations, to ex20 clude a business that is licensed, regulated, or registered 

21 as a child care provider under State law. 

Æ 


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