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of relevant statutes, ensure that the guide is written
using sufficiently plain language likely to be under-
stood by affected small entities. Agencies may prepare
separate guides covering groups or classes of similarly
affected small entities and may cooperate with asso-
ciations of small entities to develop and distribute
such guides. An agency may prepare guides and
apply this section with respect to a rule or a group
of related rules.
‘‘(6) REPORTING.—Not later than 1 year after
the date of enactment of the Fair Minimum Wage Act
of 2007, and annually thereafter, the head of each
agency shall submit a report to the Committee on
Small Business and Entrepreneurship of the Senate,
the Committee on Small Business of the House of
Representatives, and any other committee of relevant
jurisdiction describing the status of the agency’s com-
pliance with paragraphs (1) through (5).’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—Sec-
tion 211(3) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note) is amended by
inserting ‘‘and entitled’’ after ‘‘designated’’.
SEC. 242. SMALL BUSINESS CHILD CARE GRANT PROGRAM.
(a) ESTABLISHMENT.—The Secretary of Health and
Human Services (referred to in this section as the ‘‘Sec-
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retary’’) shall establish a program to award grants to
States, on a competitive basis, to assist States in providing
funds to encourage the establishment and operation of em-
ployer-operated child care programs.
(b) APPLICATION.—To be eligible to receive a grant
under this section, a State shall prepare and submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require,
including an assurance that the funds required under sub-
section (e) will be provided.
(c) AMOUNT AND PERIOD OF GRANT.—The Secretary
shall determine the amount of a grant to a State under
this section based on the population of the State as com-
pared to the population of all States receiving grants under
this section. The Secretary shall make the grant for a period
of 3 years.
(d) USE OF FUNDS.—
(1) IN GENERAL.—A State shall use amounts
provided under a grant awarded under this section to
provide assistance to small businesses (or consortia
formed in accordance with paragraph (3)) located in
the State to enable the small businesses (or consortia)
to establish and operate child care programs. Such as-
sistance may include—
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(A) technical assistance in the establishment
of a child care program;
(B) assistance for the startup costs related
to a child care program;
(C) assistance for the training of child care
providers;
(D) scholarships for low-income wage earn-
ers;
(E) the provision of services to care for sick
children or to provide care to school-aged chil-
dren;
(F) the entering into of contracts with local
resource and referral organizations or local
health departments;
(G) assistance for care for children with
disabilities;
(H) payment of expenses for renovation or
operation of a child care facility; or
(I) assistance for any other activity deter-
mined appropriate by the State.
(2) APPLICATION.—In order for a small business
or consortium to be eligible to receive assistance from
a State under this section, the small business involved
shall prepare and submit to the State an application
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at such time, in such manner, and containing such
information as the State may require.
(3) PREFERENCE.—
(A) IN GENERAL.—In providing assistance
under this section, a State shall give priority to
an applicant that desires to form a consortium
to provide child care in a geographic area within
the State where such care is not generally avail-
able or accessible.
(B) CONSORTIUM.—For purposes of sub-
paragraph (A), a consortium shall be made up
of 2 or more entities that shall include small
businesses and that may include large businesses,
nonprofit agencies or organizations, local govern-
ments, or other appropriate entities.
(4) LIMITATIONS.—With respect to grant funds
received under this section, a State may not provide
in excess of $500,000 in assistance from such funds
to any single applicant.
(e) MATCHING REQUIREMENT.—To be eligible to re-
ceive a grant under this section, a State shall provide assur-
ances to the Secretary that, with respect to the costs to be
incurred by a covered entity receiving assistance in car-
rying out activities under this section, the covered entity
will make available (directly or through donations from
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public or private entities) non-Federal contributions to such
costs in an amount equal to—
(1) for the first fiscal year in which the covered
entity receives such assistance, not less than 50 per-
cent of such costs ($1 for each $1 of assistance pro-
vided to the covered entity under the grant);
(2) for the second fiscal year in which the cov-
ered entity receives such assistance, not less than 662⁄3
percent of such costs ($2 for each $1 of assistance pro-
vided to the covered entity under the grant); and
(3) for the third fiscal year in which the covered
entity receives such assistance, not less than 75 per-
cent of such costs ($3 for each $1 of assistance pro-
vided to the covered entity under the grant).
(f) REQUIREMENTS OF PROVIDERS.—To be eligible to
receive assistance under a grant awarded under this section,
a child care provider—
(1) who receives assistance from a State shall
comply with all applicable State and local licensing
and regulatory requirements and all applicable health
and safety standards in effect in the State; and
(2) who receives assistance from an Indian tribe
or tribal organization shall comply with all applica-
ble regulatory standards.