[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 850 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 850

  To amend the Child Care and Development Block Grant Act of 1990 to 
    consolidate Federal child care programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 24 (legislative day, May 15), 1995

Mrs. Kassebaum (for herself, Mr. Coats, Mr. Jeffords, Mr. Kennedy, Mr. 
  Inouye, and Mr. Dodd) introduced the following bill; which was read 
    twice and referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
  To amend the Child Care and Development Block Grant Act of 1990 to 
    consolidate Federal child care programs, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Care and Development Block 
Grant Amendments Act of 1995''.

SEC. 2. AMENDMENTS TO THE CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 
              1990.

    (a) Authorization of Appropriations.--Section 658B of the Child 
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is 
amended to read as follows:

``SEC. 658B. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this 
subchapter $1,000,000,000 for fiscal year 1996, and such sums as may be 
necessary for each of the fiscal years 1997 through 2000.''.
    (b) Lead Agency.--Section 658D(b) of the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858b(b)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``State'' and 
                inserting ``governmental or nongovernmental''; and
                    (B) in subparagraph (C), by inserting ``with 
                sufficient time and Statewide distribution of the 
                notice of such hearing,'' after ``hearing in the 
                State''; and
            (2) in paragraph (2), by striking the second sentence.
    (c) Application and Plan.--Section 658E of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858c) is amended--
            (1) in subsection (b), by striking ``implemented--'' and 
        all that follows through ``plans.'' and inserting ``implemented 
        during a 2-year period.'';
            (2) in subsection (c)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) in clause (iii) by striking the 
                                semicolon and inserting a period; and
                                    (II) by striking ``except'' and all 
                                that follows through ``1992.''; and
                            (ii) in subparagraph (E)--
                                    (I) by striking clause (ii) and 
                                inserting the following new clause:
                            ``(ii) the State will implement mechanisms 
                        to ensure that appropriate payment mechanisms 
                        exist so that proper payments under this 
                        subchapter will be made to providers within the 
                        State and to permit the State to furnish 
                        information to such providers.''; and
                                    (II) by adding at the end thereof 
                                the following new sentence: ``In lieu 
                                of any licensing and regulatory 
                                requirements applicable under State and 
                                local law, the Secretary, in 
                                consultation with Indian tribes and 
                                tribal organizations, shall develop 
                                minimum child care standards (that 
                                appropriately reflect tribal needs and 
                                available resources) that shall be 
                                applicable to Indian tribes and tribal 
                                organization receiving assistance under 
                                this subchapter.''; and
                            (iii) by striking subparagraphs (H) and 
                        (I); and
                    (B) in paragraph (3)--
                            (i) in subparagraph (C)--
                                    (I) in the subparagraph heading, by 
                                striking ``and to increase'' and all 
                                that follows through ``care services'';
                                    (II) by striking ``25 percent'' and 
                                inserting ``15 percent''; and
                                    (III) by striking ``and to provide 
                                before-'' and all that follows through 
                                ``658H)''; and
                            (ii) by adding at the end thereof the 
                        following new subparagraph:
                    ``(D) Limitation on administrative costs.--Not more 
                than 5 percent of the aggregate amount of payments 
                received under this subchapter by a State in each 
                fiscal year may be expended for administrative costs 
                incurred by such State to carry out all its functions 
                and duties under this subchapter.''.
    (d) Sliding Fee Scale.--
            (1) In general.--Section 658E(c)(5) of the Child Care and 
        Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(5)) is 
        amended by inserting before the period the following: ``and 
        that ensures a representative distribution of funding among the 
        working poor and recipients of Federal welfare assistance''.
            (2) Eligibility.--Section 658P(4)(B) of the Child Care and 
        Development Block Grant Act of 1990 (42 U.S.C. 9858n(4)(B)) is 
        amended by striking ``75 percent'' and inserting ``100 
        percent''.
    (e) Quality.--Section 658G of the Child Care and Development Block 
Grant Act of 1990 (42 U.S.C. 9858e) is amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``A State'' and inserting ``(a) In 
                General.--A State'';
                    (B) by striking ``not less than 20 percent of''; 
                and
                    (C) by striking ``one or more of the following'' 
                and inserting ``carrying out the resource and referral 
                activities described in subsection (b), and for one or 
                more of the activities described in subsection (c).'';
            (2) in paragraph (1), by inserting before the period the 
        following: ``, including providing comprehensive consumer 
        education to parents and the public, referrals that honor 
        parental choice, and activities designed to improve the quality 
        and availability of child care'';
            (3) by striking ``(1) Resource and Referral Programs.--
        Operating'' and inserting the following:
    ``(b) Resource and Referral Programs.--The activities described in 
this subsection are operating'';
            (4) by redesignating paragraphs (2) through (5) as 
        paragraphs (1) through (4), respectively;
            (5) by inserting before paragraph (1) (as so redesignated) 
        the following:
    ``(c) Other Activities.--The activities described in this section 
are the following:''; and
            (6) by adding at the end thereof the following:
            ``(5) Before- and after-school activities.--Increasing the 
        availability of before- and after-school care.
            ``(6) Infant care.--Increasing the availability of child 
        care for infants under the age of 18 months.
            ``(7) Nontraditional work hours.--Increasing the 
        availability of child care between the hours of 5:00 p.m. and 
        8:00 a.m.
    ``(d) Nondiscrimination.--With respect to child care providers that 
comply with applicable State law but which are otherwise not required 
to be licensed by the State, the State, in carrying out this section, 
may not discriminate against such a provider if such provider desires 
to participate in resource and referral activities carried out under 
subsection (b).''.
    (f) Repeal.--Section 658H of the Child Care and Development Block 
Grant Act of 1990 (42 U.S.C. 9858f) is repealed.
    (g) Enforcement.--Section 658I(b)(2) of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858g(b)(2)) is 
amended--
            (1) in the matter following clause (ii) of subparagraph 
        (A), by striking ``finding and that'' and all that follows 
        through the period and inserting ``finding and may impose 
        additional program requirements on the State, including a 
        requirement that the State reimburse the Secretary for any 
        funds that were improperly expended for purposes prohibited or 
        not authorized by this subchapter, that the Secretary deduct 
        from the administrative portion of the State allotment for the 
        following fiscal year an amount that is less than or equal to 
        any improperly expended funds, or a combination of such 
        options.''; and
            (2) by striking subparagraphs (B) and (C).
    (h) Reports.--Section 658K of the Child Care and Development Block 
Grant Act of 1990 (42 U.S.C. 9858i) is amended--
            (1) in the section heading, by striking ``ANNUAL REPORT'' 
        and inserting ``REPORTS''; and
            (2) in subsection (a)--
                    (A) in the subsection heading, by striking ``Annual 
                Report'' and inserting ``Reports'';
                    (B) by striking ``December 31, 1992, and annually 
                thereafter'' and inserting ``December 31, 1996, and 
                every 2 years thereafter'';
                    (C) in paragraph (2)--
                            (i) in subparagraph (A), by inserting 
                        before the semicolon ``and the types of child 
                        care programs under which such assistance is 
                        provided'';
                            (ii) by striking subparagraph (B); and
                            (iii) by redesignating subparagraphs (C) 
                        and (D) as subparagraphs (B) and (C), 
                        respectively;
                    (D) by striking paragraph (4);
                    (E) by redesignating paragraphs (5) and (6) as 
                paragraphs (4) and (5), respectively;
                    (F) in paragraph (4), as so redesignated, by 
                striking ``and'' at the end thereof;
                    (G) in paragraph (5), as so redesignated, by adding 
                ``and'' at the end thereof; and
                    (H) by inserting after paragraph (5), as so 
                redesignated, the following new paragraph:
            ``(6) describing the extent and manner to which the 
        resource and referral activities are being carried out by the 
        State;''.
    (i) Report by Secretary.--Section 658L of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended--
            (1) by striking ``1993'' and inserting ``1997'';
            (2) by striking ``annually'' and inserting ``bi-annually''; 
        and
            (3) by striking ``Education and Labor'' and inserting 
        ``Economic and Educational Opportunities''.
    (j) Allotments.--Section 658O of the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858m) is amended--
            (1) in subsection (c), by adding at the end thereof the 
        following new paragraph:
            ``(6) Construction or Renovation of Facilities.--
                    ``(A) Request for use of funds.--An Indian tribe or 
                tribal organization may submit to the Secretary a 
                request to use amounts provided under this subsection 
                for construction or renovation purposes.
                    ``(B) Determination.--With respect to a request 
                submitted under subparagraph (A), and except as 
                provided in subparagraph (C), upon a determination by 
                the Secretary that adequate facilities are not 
                otherwise available to an Indian tribe or tribal 
                organization to enable such tribe or organization to 
                carry out child care programs in accordance with this 
                subchapter, and that the lack of such facilities will 
                inhibit the operation of such programs in the future, 
                the Secretary may permit the tribe or organization to 
                use assistance provided under this subsection to make 
                payments for the construction or renovation of 
                facilities that will be used to carry out such 
                programs.
                    ``(C) Limitation.--The Secretary may not permit an 
                Indian tribe or tribal organization to use amounts 
                provided under this subsection for construction or 
                renovation if such use will result in a decrease in the 
                level of child care services provided by the tribe or 
                organization as compared to the level of such services 
                provided by the tribe or organization in the fiscal 
                year preceding the year for which the determination 
                under subparagraph (A) is being made.
                    ``(D) Uniform procedures.--The Secretary shall 
                develop and implement uniform procedures for the 
                solicitation and consideration of requests under this 
                paragraph.''; and
            (2) in subsection (e)--
                    (A) in paragraph (1), by striking ``Any'' and 
                inserting ``Except as provided in paragraph (4), any''; 
                and
                    (B) by adding at the end thereof the following new 
                paragraph:
            ``(4) Indian tribes or tribal organizations.--Any portion 
        of a grant or contract made to a Indian tribe or tribal 
        organization under subsection (c) that the Secretary determines 
        is not being used in a manner consistent with the provision of 
        this subchapter in the period for with the grant or contract is 
        made available, shall be reallocated by the Secretary to other 
        tribes or organization that have submitted applications under 
        subsection (c) in proportion to the original allocations to 
        such tribes or organization.''.
    (k) Definitions.--Section 658P of the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858n) is amended--
            (1) in paragraph (2), in the first sentence by inserting 
        ``or as a deposit for child care services if such a deposit is 
        required of other children being cared for by the provider'' 
        after ``child care services''; and
            (2) in paragraph (5)(B)--
                    (A) by inserting ``great grandchild, sibling (if 
                the provider lives in a separate residence),'' after 
                ``grandchild,'';
                    (B) by striking ``is registered and''; and
                    (C) by striking ``State'' and inserting 
                ``applicable''.
    (l) Application of Subchapter.--The Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by adding 
at the end thereof the following new section:

``SEC. 658T. APPLICATION TO OTHER PROGRAMS.

    ``Notwithstanding any other provision of law, a State that uses 
funding for child care services under any Federal program shall ensure 
that activities carried out using such funds meet the requirements, 
standards, and criteria of this subchapter and the regulations 
promulgated under this subchapter. Such sums shall be administered 
through a uniform State plan. To the maximum extent practicable, 
amounts provided to a State under such programs shall be transferred to 
the lead agency and integrated into the program established under this 
subchapter by the State.''.

SEC. 3. SENSE OF THE SENATE.

    (a) Findings.--The Senate finds that--
            (1) the availability and accessibility of quality child 
        care will be critical to any welfare reform effort;
            (2) as parents move from welfare into the workforce or into 
        job preparation and education, child care must be affordable 
        and safe;
            (3) whether parents are pursuing job training, 
        transitioning off welfare, or are already in the work force and 
        attempting to remain employed, no parent can be expected to 
        leave his or her child in a dangerous situation;
            (4) affordable and accessible child care is a prerequisite 
        for job training and for entering the workforce; and
            (5) studies have shown that the lack of quality child care 
        is the most frequently cited barrier to employment and self-
        sufficiency.
    (b) Sense of the Senate.--It is the sense of the Senate that the 
Federal Government has a responsibility to provide funding and 
leadership with respect to child care.

SEC. 4. REPEALS AND TECHNICAL AND CONFORMING AMENDMENTS.

    (a) State Dependent Care Development Grants Act.--The State 
Dependent Care Development Grants Act (42 U.S.C. 9871 et seq.) is 
repealed.
    (b) Child Development Associate Scholarship Assistance Act of 
1985.--The Child Development Associate Scholarship Assistance Act of 
1985 (42 U.S.C. 10901 et seq.) is repealed.
    (c) Additional Conforming Amendments.--
            (1) Recommended legislation.--After consultation with the 
        appropriate committees of the Congress and the Director of the 
        Office of Management and Budget, the Secretary of Health and 
        Human Services shall prepare and submit to the Congress a 
        legislative proposal in the form of an implementing bill 
        containing technical and conforming amendments to reflect the 
        amendments and repeals made by this Act.
            (2) Submission to congress.--Not later than 6 months after 
        the date of enactment of this Act, the Secretary of Health and 
        Human Services shall submit the implementing bill referred to 
        under paragraph (1).
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