[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 880 Placed on Calendar Senate (PCS)]






                                                        Calendar No. 72
108th CONGRESS
  1st Session
                                 S. 880

                          [Report No. 108-37]

  To amend the Child Care and Development Block Grant Act of 1990 to 
   reauthorize the Act, to improve early learning opportunities and 
          promote school preparedness, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 10, 2003

 Mr. Gregg, from the Committee on Health, Education, Labor, and 
        Pensions, reported the following original bill; which was read 
        twice and placed on the calendarYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

_______________________________________________________________________

                                 A BILL


 
  To amend the Child Care and Development Block Grant Act of 1990 to 
   reauthorize the Act, to improve early learning opportunities and 
          promote school preparedness, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Caring for 
Children Act of 2003''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
      TITLE I--CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990

Sec. 101. Short title and goals.
Sec. 102. Authorization of appropriations.
Sec. 103. Lead agency.
Sec. 104. State plan.
Sec. 105. Activities to improve the quality of child care.
Sec. 106. Optional priority use of additional funds.
Sec. 107. Reporting requirements.
Sec. 108. National activities.
Sec. 109. Grants and hotline.
Sec. 110. Definitions.
Sec. 111. Rules of construction.
     TITLE II--ENHANCING SECURITY AT CHILD CARE CENTERS IN FEDERAL 
                               FACILITIES

Sec. 201. Definitions.
Sec. 202. Enhancing security.
  TITLE III--REMOVAL OF BARRIERS TO INCREASING THE SUPPLY OF QUALITY 
                               CHILD CARE

Sec. 301. Small business child care grant program.

      TITLE I--CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990

SEC. 101. SHORT TITLE AND GOALS.

    (a) Heading.--Section 658A of the Child Care and Development Block 
Grant Act of 1990 (42 U.S.C. 9801 note) is amended by striking the 
section heading and inserting the following:

``SEC. 658A. SHORT TITLE AND GOALS.''.

    (b) Goals.--Section 658A(b) of the Child Care and Development Block 
Grant Act of 1990 (42 U.S.C. 9801 note) is amended--
            (1) in paragraph (3), by striking ``encourage'' and 
        inserting ``assist'';
            (2) in paragraph (4), by striking ``parents'' and all that 
        follows and inserting ``low-income working parents;'';
            (3) by redesignating paragraph (5) as paragraph (8); and
            (4) by inserting after paragraph (4) the following:
            ``(5) to assist States in improving the quality of child 
        care available to families;
            ``(6) to promote school preparedness by encouraging 
        children, families, and caregivers to engage in developmentally 
        appropriate and age-appropriate activities in child care 
        settings that will--
                    ``(A) improve the children's social, emotional, and 
                behavioral skills; and
                    ``(B) foster their early cognitive, pre-reading, 
                and language development;
            ``(7) to promote parental and family involvement in the 
        education of young children in child care settings; and''.

SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

    Section 658B of the Child Care and Development Block Grant Act of 
1990 (42 U.S.C. 9858) is amended by striking ``subchapter'' and all 
that follows and inserting ``subchapter $2,300,000,000 for fiscal year 
2004, $2,500,000,000 for fiscal year 2005, $2,700,000,000 for fiscal 
year 2006, $2,900,000,000 for fiscal year 2007, and $3,100,000,000 for 
fiscal year 2008.''.

SEC. 103. LEAD AGENCY.

    Section 658D(a) of the Child Care and Development Block Grant Act 
of 1990 (42 U.S.C. 9858b(a)) is amended by striking ``designate'' and 
all that follows and inserting ``designate an agency (which may be an 
appropriate collaborative agency), or establish a joint interagency 
office, that complies with the requirements of subsection (b) to serve 
as the lead agency for the State under this subchapter.''.

SEC. 104. STATE PLAN.

    (a) Lead Agency.--Section 658E(c)(1) of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(1)) is amended 
by striking ``designated'' and inserting ``designated or established''.
    (b) Policies and Procedures.--Section 658E(c)(2) of the Child Care 
and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)) is 
amended--
            (1) in subparagraph (A)(i)(II), by striking ``section 
        658P(2)'' and inserting ``section 658T(2)'';
            (2) by striking subparagraph (D) and inserting the 
        following:
                    ``(D) Consumer and child care provider education 
                information.--Certify that the State will--
                            ``(i) collect and disseminate, through 
                        resource and referral services and other means 
                        as determined by the State, to parents of 
                        eligible children, child care providers, and 
                        the general public, information regarding--
                                    ``(I) the promotion of informed 
                                child care choices, including 
                                information about the quality and 
                                availability of child care services;
                                    ``(II) research and best practices 
                                concerning children's development, 
                                including early cognitive development;
                                    ``(III) the availability of 
                                assistance to obtain child care 
                                services; and
                                    ``(IV) other programs for which 
                                families that receive child care 
                                services for which financial assistance 
                                is provided under this subchapter may 
be eligible, including the food stamp program established under the 
Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the special 
supplemental nutrition program for women, infants, and children 
established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 
1786), the child and adult care food program established under section 
17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 
1766), and the medicaid and State children's health insurance programs 
under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et 
seq. and 1397aa et seq.); and
                            ``(ii) report to the Secretary the manner 
                        in which the consumer education information 
                        described in clause (i) was provided to parents 
                        and the number of parents to whom such consumer 
                        education information was provided, during the 
                        period of the previous State plan.''; and
            (3) by adding at the end the following:
                    ``(I) Protection for working parents.--
                            ``(i) Redetermination process.--Describe 
                        the procedures and policies that are in place 
                        to ensure that working parents (especially 
                        parents in families receiving assistance under 
                        a State program funded under part A of title IV 
                        of the Social Security Act (42 U.S.C. 601 et 
                        seq.)) are not required to unduly disrupt their 
                        employment in order to comply with the State's 
                        requirements for redetermination of eligibility 
                        for assistance under this subchapter.
                            ``(ii) Minimum period.--Demonstrate that 
                        each child that receives assistance under this 
                        subchapter in the State will receive such 
                        assistance for not less than 6 months before 
                        the State redetermines the eligibility of the 
                        child under this subchapter, except as provided 
                        in clause (iii).
                            ``(iii) Period before termination.--At the 
                        option of the State, demonstrate that the State 
                        will not terminate assistance under this 
                        subchapter based on a parent's loss of work or 
                        cessation of attendance at a job training or 
                        educational program for which the family was 
                        receiving the assistance, without continuing 
                        the assistance for a reasonable period of time, 
                        of not less than 1 month, after such loss or 
                        cessation in order for the parent to engage in 
                        a job search and resume work, or resume 
                        attendance of a job training or educational 
                        program, as soon as possible.
                    ``(J) Coordination with other programs.--Describe 
                how the State, in order to expand accessibility and 
                continuity of quality early care and early education, 
                will coordinate the early childhood education 
                activities assisted under this subchapter with--
                            ``(i) programs carried out under the Head 
                        Start Act (42 U.S.C. 9831 et seq.), including 
                        the Early Head Start programs carried out under 
                        section 645A of that Act (42 U.S.C. 9840a);
                            ``(ii)(I) Early Reading First and Even 
                        Start programs carried out under subparts 2 and 
                        3 of part B of title I of the Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 6371 
                        et seq., 6381 et seq.); and
                            ``(II) other preschool programs carried out 
                        under title I of that Act (20 U.S.C. 6301 et 
                        seq.);
                            ``(iii) programs carried out under section 
                        619 and part C of the Individuals with 
                        Disabilities Education Act (20 U.S.C. 1419, 
                        1431 et seq.);
                            ``(iv) State prekindergarten programs; and
                            ``(v) other early childhood education 
                        programs.
                    ``(K) Training in early learning and childhood 
                development.--Describe any training requirements that 
                are in effect within the State that are designed to 
                enable child care providers to promote the social, 
                emotional, physical, and cognitive development of 
                children and that are applicable to child care 
                providers that provide services for which assistance is 
                made available under this subchapter in the State.
                    ``(L) Public-private partnerships.--Demonstrate how 
                the State is encouraging partnerships among State 
                agencies, other public agencies, and private entities, 
                to leverage existing service delivery systems (as of 
                the date of submission of the State plan) for early 
                childhood education and to increase the supply and 
                quality of child care services for children who are 
                less than 13 years of age.
                    ``(M) Access to care for certain populations.--
                Demonstrate how the State is addressing the child care 
                needs of parents eligible for child care services for 
                which assistance is provided under this subchapter, who 
                have children with special needs, work nontraditional 
                hours, or require child care services for infants and 
                toddlers.
                    ``(N) Coordination with title iv of the social 
                security act.--Describe how the State will inform 
                parents receiving assistance under a State program 
                funded under part A of title IV of the Social Security 
                Act (42 U.S.C. 601 et seq.) and low-income parents 
                about eligibility for assistance under this 
                subchapter.''.
    (c) Use of Block Grant Funds.--Section 658E(c)(3) the Child Care 
and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)) is 
amended--
            (1) in subparagraph (A), by striking ``as required under'' 
        and inserting ``in accordance with''; and
            (2) in subparagraph (B)--
                    (A) by striking ``The State'' and inserting the 
                following:
                            ``(i) In general.--The State'';
                    (B) in clause (i) (as designated in subparagraph 
                (A)), by striking ``appropriate to realize any of the 
                goals specified in paragraphs (2) through (5) of 
                section 658A(b)'' and inserting ``appropriate (which 
                may include an activity described in clause (ii)) to 
                realize any of the goals specified in paragraphs (2) 
                through (8) of section 658A(b)''; and
                    (C) by adding at the end the following:
                            ``(ii) Child care resource and referral 
                        system.--A State may use amounts described in 
                        clause (i) to establish or support a system of 
                        local child care resource and referral 
                        organizations coordinated by a statewide 
                        private, nonprofit, community-based lead child 
                        care resource and referral organization. The 
                        local child care resource and referral 
                        organizations shall--
                                    ``(I) provide parents in the State 
                                with information, and consumer 
                                education, concerning the full range of 
                                child care options, including child 
                                care provided during nontraditional 
                                hours and through emergency child care 
                                centers, in their communities;
                                    ``(II) collect and analyze data on 
                                the supply of and demand for child care 
                                in political subdivisions within the 
                                State;
                                    ``(III) submit reports to the State 
                                containing data and analysis described 
                                in clause (II); and
                                    ``(IV) work to establish 
                                partnerships with public agencies and 
                                private entities to increase the supply 
                                and quality of child care services.''.
    (d) Direct Services.--Section 658E(c)(3) of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)) is 
amended--
            (1) in subparagraph (A), by striking ``(D)'' and inserting 
        ``(E)''; and
            (2) by adding at the end the following:
                    ``(E) Direct services.--From amounts provided to a 
                State for a fiscal year to carry out this subchapter, 
                the State shall--
                            ``(i) reserve the minimum amount required 
                        to be reserved under section 658G, and the 
                        funds for costs described in subparagraph (C); 
                        and
                            ``(ii) from the remainder, use not less 
                        than 70 percent to fund direct services (as 
                        defined by the State).''.
    (e) Payment Rates.--Section 658E(c)(4) of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(4)) is 
amended--
            (1) in subparagraph (A), by striking ``The State plan'' and 
        all that follows and inserting the following:
                            ``(i) Survey.--The State plan shall--
                                    ``(I) demonstrate that the State 
                                has, after consulting with local area 
                                child care program administrators, 
                                developed and conducted a statistically 
                                valid and reliable survey of the market 
                                rates for child care services in the 
                                State (that reflects variations in the 
                                cost of child care services by 
                                geographic area, type of provider, and 
                                age of child) within the 2 years 
                                preceding the date of the submission of 
                                the application containing the State 
                                plan;
                                    ``(II) detail the results of the 
                                State market rates survey conducted 
                                pursuant to subclause (I);
                                    ``(III) describe how the State will 
                                provide for timely payment for child 
                                care services, and set payment rates 
                                for child care services, for which 
                                assistance is provided under this 
                                subchapter in accordance with the 
                                results of the market rates survey 
                                conducted pursuant to subclause (I) 
                                without reducing the number of families 
                                in the State receiving such assistance 
                                under this subchapter, relative to the 
                                number of such families on the date of 
                                introduction of the Caring for Children 
                                Act of 2003; and
                                    ``(IV) describe how the State will, 
                                not later than 30 days after the 
                                completion of the survey described in 
                                subclause (I), make the results of the 
                                survey widely available through public 
                                means, including posting the results on 
                                the Internet.
                            ``(ii) Equal access.--The State plan shall 
                        include a certification that the payment rates 
                        are sufficient to ensure equal access for 
                        eligible children to child care services 
                        comparable to child care services in the State 
                        or substate area that are provided to children 
                        whose parents are not eligible to receive child 
                        care assistance under any Federal or State 
                        program.''; and
            (2) in subparagraph (B)--
                    (A) by striking ``Nothing'' and inserting the 
                following:
                            ``(i) No private right of action.--
                        Nothing''; and
                    (B) by adding at the end the following:
                            ``(ii) No prohibition of certain different 
                        rates.--Nothing in this subchapter shall be 
                        construed to prevent a State from 
                        differentiating the payment rates described in 
subparagraph (A) on the basis of--
                                    ``(I) geographic location of child 
                                care providers (such as location in an 
                                urban or rural area);
                                    ``(II) the age or particular needs 
                                of children (such as children with 
                                special needs and children served by 
                                child protective services); and
                                    ``(III) whether the providers 
                                provide child care during weekend and 
                                other nontraditional hours.''.

SEC. 105. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.

    Section 658G of the Child Care and Development Block Grant Act of 
1990 (42 U.S.C. 9858e) is amended to read as follows:

``SEC. 658G. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.

    ``(a) In General.--
            ``(1) Reservation.--Each State that receives funds to carry 
        out this subchapter for a fiscal year shall reserve and use not 
        less than 6 percent of the funds for activities provided 
        directly, or through grants or contracts with resource and 
        referral organizations or other appropriate entities, that are 
        designed to improve the quality of child care services.
            ``(2) Activities.--The funds reserved under paragraph (1) 
        may only be used to--
                    ``(A) develop and implement voluntary guidelines on 
                pre-reading and language skills and activities, for 
                child care programs in the State, that are aligned with 
                State standards for kindergarten through grade 12 or 
                the State's general goals for school preparedness;
                    ``(B) support activities and provide technical 
                assistance in Federal, State, and local child care 
                settings to enhance early learning for young children, 
                to promote literacy, and to foster school preparedness;
                    ``(C) offer training, professional development, and 
                educational opportunities for child care providers that 
                relate to the use of developmentally appropriate and 
                age-appropriate curricula, and early childhood teaching 
                strategies, that are scientifically based and aligned 
                with the social, emotional, physical, and cognitive 
                development of children, including--
                            ``(i) developing and operating distance 
                        learning child care training infrastructures;
                            ``(ii) developing model technology-based 
                        training courses;
                            ``(iii) offering training for caregivers in 
                        informal child care settings; and
                            ``(iv) offering training for child care 
                        providers who care for infants and toddlers and 
                        children with special needs.
                    ``(D) engage in programs designed to increase the 
                retention and improve the competencies of child care 
                providers, including wage incentive programs and 
                initiatives that establish tiered payment rates for 
                providers that meet or exceed child care services 
                guidelines, as defined by the State;
                    ``(E) evaluate and assess the quality and 
                effectiveness of child care programs and services 
                offered in the State to young children on improving 
                overall school preparedness; and
                    ``(F) carry out other activities determined by the 
                State to improve the quality of child care services 
                provided in the State and for which measurement of 
                outcomes relating to improved child safety, child well-
                being, or school preparedness is possible.
    ``(b) Certification.--Beginning with fiscal year 2004, the State 
shall annually submit to the Secretary a certification in which the 
State certifies that the State was in compliance with subsection (a) 
during the preceding fiscal year and describes how the State used funds 
made available to carry out this subchapter to comply with subsection 
(a) during that preceding fiscal year.
    ``(c) Strategy.--The State shall annually submit to the Secretary--
            ``(1) beginning with fiscal year 2004, an outline of the 
        strategy the State will implement during that fiscal year to 
        address the quality of child care services for which financial 
        assistance is made available under this subchapter, including--
                    ``(A) a statement specifying how the State will 
                address the activities carried out under subsection 
                (a);
                    ``(B) a description of quantifiable, objective 
                measures that the State will use to evaluate the 
                State's progress in improving the quality of the child 
                care services (including measures regarding the impact, 
                if any, of State efforts to improve the quality by 
                increasing payment rates, as defined in section 
                658H(c)), evaluating separately the impact of the 
                activities listed in each of such subparagraphs on the 
                quality of the child care services; and
                    ``(C) a list of State-developed child care services 
                quality targets quantified for such fiscal year for 
                such measures; and
            ``(2) beginning with fiscal year 2005, a report on the 
        State's progress in achieving such targets for the preceding 
        fiscal year.
    ``(d) Improvement Plan.--If the Secretary determines that a State 
failed to make progress as described in subsection (c)(2) for a fiscal 
year--
            ``(1) the State shall submit an improvement plan that 
        describes the measures the State will take to make that 
        progress; and
            ``(2) the State shall comply with the improvement plan by a 
        date specified by the Secretary but not later than 1 year after 
        the date of the determination.
    ``(e) Construction.--Nothing in this subchapter shall be construed 
to require that the State apply measures for evaluating quality of 
child care services to specific types of child care providers.''.

SEC. 106. OPTIONAL PRIORITY USE OF ADDITIONAL FUNDS.

    The Child Care and Development Block Grant Act of 1990 is amended 
by inserting after section 658G (42 U.S.C. 9858e) the following:

``SEC. 658H. OPTIONAL PRIORITY USE OF ADDITIONAL FUNDS.

    ``(a) In General.--If a State receives funds to carry out this 
subchapter for a fiscal year, and the amount of the funds exceeds the 
amount of funds the State received to carry out this subchapter for 
fiscal year 2003, the State shall consider using a portion of the 
excess--
            ``(1) to support payment rate increases in accordance with 
        the market rate survey conducted pursuant to section 
        658E(c)(4);
            ``(2) to support the establishment of tiered payment rates 
        as described in section 658G(a)(2)(D); and
            ``(3) to support payment rate increases for care for 
        children in communities served by local educational agencies 
        that have been identified for improvement under section 
        1116(c)(3) of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6316(c)(3)).
    ``(b) No Requirement To Reduce Child Care Services.--Nothing in 
this section shall be construed to require a State to take an action 
that the State determines would result in a reduction of child care 
services to families of eligible children.
    ``(c) Payment Rate.--In this section, the term `payment rate' means 
the rate of State payment or reimbursement to providers for subsidized 
child care.''.

SEC. 107. REPORTING REQUIREMENTS.

    (a) Heading.--Section 658K of the Child Care and Development Block 
Grant Act of 1990 (42 U.S.C. 9858i) is amended by striking the section 
heading and inserting the following:

``SEC. 658K. REPORTS AND AUDITS.''.

    (b) Required Information.--Section 658K(a) of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)) is amended to 
read as follows:
    ``(a) Reports.--
            ``(1) In general.--A State that receives funds to carry out 
        this subchapter shall collect the information described in 
        paragraph (2) on a monthly basis.
            ``(2) Required information.--The information required under 
        this paragraph shall include, with respect to a family unit 
        receiving assistance under this subchapter, information 
        concerning--
                    ``(A) family income;
                    ``(B) county of residence;
                    ``(C) the gender, race, and age of children 
                receiving such assistance;
                    ``(D) whether the head of the family unit is a 
                single parent;
                    ``(E) the sources of family income, including--
                            ``(i) employment, including self-
                        employment; and
                            ``(ii) assistance under a State program 
                        funded under part A of title IV of the Social 
                        Security Act (42 U.S.C. 601 et seq.) and a 
                        State program for which State spending is 
                        counted toward the maintenance of effort 
                        requirement under section 409(a)(7) of the 
                        Social Security Act (42 U.S.C. 609(a)(7));
                    ``(F) the type of child care in which the child was 
                enrolled (such as family child care, home care, center-
                based child care, or other types of child care 
                described in section 658T(5));
                    ``(G) whether the child care provider involved was 
                a relative;
                    ``(H) the cost of child care for such family, 
                separately stating the amount of the subsidy payment of 
                the State and the amount of the co-payment of the 
                family toward such cost;
                    ``(I) the average hours per month of such care;
                    ``(J) household size;
                    ``(K) whether the parent involved reports that the 
                child has an individualized education program or an 
                individualized family service plan described in section 
                602 or 636 of the Individuals with Disabilities 
                Education Act (20 U.S.C. 1401 and 1436); and
                    ``(L) the reason for any termination of benefits 
                under this subchapter, including whether the 
                termination was due to--
                            ``(i) the child's age exceeding the 
                        allowable limit;
                            ``(ii) the family income exceeding the 
                        State eligibility limit;
                            ``(iii) the State recertification or 
                        administrative requirements not being met;
                            ``(iv) parent work, training, or education 
                        status no longer meeting State requirements;
                            ``(v) a nonincome related change in status; 
                        or
                            ``(vi) other reasons;
        during the period for which such information is required to be 
        submitted.
            ``(3) Submission to secretary.--A State described in 
        paragraph (1) shall, on a quarterly basis, submit to the 
        Secretary the information required to be collected under 
        paragraph (2) and the number of children and families receiving 
        assistance under this subchapter (stated on a monthly basis). 
        Information on the number of families receiving the assistance 
        shall also be posted on the website of such State. In the 
        fourth quarterly report of each year, a State described in 
        paragraph (1) shall also submit to the Secretary information on 
        the annual number and type of child care providers (as 
        described in section 658T(5)) that received funding under this 
        subchapter and the annual number of payments made by the State 
        through vouchers, under contracts, or by payment to parents 
        reported by type of child care provider.
            ``(4) Use of samples.--
                    ``(A) Authority.--A State may comply with the 
                requirement to collect the information described in 
                paragraph (2) through the use of disaggregated case 
                record information on a sample of families selected 
through the use of scientifically acceptable sampling methods approved 
by the Secretary.
                    ``(B) Sampling and other methods.--The Secretary 
                shall provide the States with such case sampling plans 
                and data collection procedures as the Secretary 
                determines necessary to produce statistically valid 
                samples of the information described in paragraph (2). 
                The Secretary may develop and implement procedures for 
                verifying the quality of data submitted by the 
                States.''.
    (c) Period of Compliance and Waivers.--
            (1) In general.--States shall have 2 years from the date of 
        enactment of this Act to comply with the changes to data 
        collection and reporting required by the amendments made by 
        this section.
            (2) Waivers.--The Secretary of Health and Human Services 
        may grant a waiver from paragraph (1) to States with plans to 
        procure data systems.

SEC. 108. NATIONAL ACTIVITIES.

    Section 658L of the Child Care and Development Block Grant Act of 
1990 (42 U.S.C. 9858j) is amended to read as follows:

``SEC. 658L. NATIONAL ACTIVITIES.

    ``(a) Report.--
            ``(1) In general.--The Secretary shall, not later than 
        April 30, 2004, and annually thereafter, prepare and submit to 
        the Committee on Education and the Workforce of the House of 
        Representatives and the Committee on Health, Education, Labor, 
        and Pensions of the Senate, and, not later than 30 days after 
        the date of such submission, post on the Department of Health 
        and Human Services website, a report that contains the 
        following:
                    ``(A) A summary and analysis of the data and 
                information provided to the Secretary in the State 
                reports submitted under sections 658E, 658G(c), and 
                658K.
                    ``(B) Aggregated statistics on and an analysis of 
                the supply of, demand for, and quality of child care, 
                early education, and nonschool-hour programs.
                    ``(C) An assessment and, where appropriate, 
                recommendations for Congress concerning efforts that 
                should be undertaken to improve the access of the 
                public to quality and affordable child care in the 
                United States.
                    ``(D) A progress report describing the progress of 
                the States in streamlining data reporting, the 
                Secretary's plans and activities to provide technical 
                assistance to States, and an explanation of any 
                barriers to getting data in an accurate and timely 
                manner.
            ``(2) Collection of information.--The Secretary may make 
        arrangements with resource and referral organizations, to 
        utilize the child care data system of the resource and referral 
        organizations at the national, State, and local levels, to 
        collect the information required by paragraph (1)(B).
    ``(b) Grants To Improve Quality and Access.--
            ``(1) In general.--The Secretary shall award grants to 
        States, from allotments made under paragraph (2), to improve 
        the quality of and access to child care for infants and 
        toddlers, subject to the availability of appropriations for 
        this purpose.
            ``(2) Allotments.--From funds reserved under section 
        658O(a)(3) for a fiscal year, the Secretary shall allot to each 
        State an amount that bears the same relationship to such funds 
        as the amount the State receives for the fiscal year under 
        section 658O bears to the amount all States receive for the 
        fiscal year under section 658O.
    ``(c) Toll-Free Hotline.--The Secretary shall award a grant or 
contract, or enter into a cooperative agreement for the operation of a 
national toll-free hotline to assist families in accessing local 
information on child care options and providing consumer education 
materials, subject to the availability of appropriations for this 
purpose.
    ``(d) Technical Assistance.--The Secretary shall provide technical 
assistance to States on developing and conducting the State market 
rates survey described in section 658E(c)(4)(A)(i).''.

SEC. 109. GRANTS AND HOTLINE.

    Section 658O(a) of the Child Care and Development Block Grant Act 
of 1990 (42 U.S.C. 9858m(a)) is amended by adding at the end the 
following:
            ``(3) Grants to improve quality and access.--The Secretary 
        shall reserve an amount not to exceed $100,000,000 for each 
        fiscal year to carry out section 658L(b), subject to the 
        availability of appropriations for this purpose.
            ``(4) Toll-free hotline.--The Secretary shall reserve an 
        amount not to exceed $1,000,000 to carry out section 658L(c), 
        subject to the availability of appropriations for this 
        purpose.''.

SEC. 110. DEFINITIONS.

    (a) Eligible Child.--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 ``85 percent of the State median income for a family of the 
same size'' and inserting ``an income level determined by the State 
involved, with priority based on need as defined by the State''.
    (b) Child With Special Needs.--Section 658P of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858n) is amended by 
inserting after paragraph (2) the following:
            ``(3) Child with special needs.--The term `child with 
        special needs' means--
                    ``(A) a child with a disability, as defined in 
                section 602 of the Individuals with Disabilities 
                Education Act (20 U.S.C. 1401); and
                    ``(B) a child who is eligible for early 
                intervention services under part C of the Individuals 
                with Disabilities Education Act (20 U.S.C. 1431 et 
                seq.).''.
    (c) Lead Agency.--Section 658P(8) of the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858n(8)) is amended by striking 
``section 658B(a)'' and inserting ``section 658D(a)''.
    (d) Native Hawaiian Organization.--Section 658P(14)(B) of the Child 
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n(14)(B)) 
is amended by striking ``Native Hawaiian Organization, as defined in 
section 4009(4) of the Augustus F. Hawkins-Robert T. Stafford 
Elementary and Secondary School Improvement Amendments of 1988 (20 
U.S.C. 4909(4))'' and inserting ``Native Hawaiian organization, as 
defined in section 7207 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7517)''.
    (e) Redesignation.--The Child Care and Development Block Grant Act 
of 1990 (42 U.S.C. 9858 et seq.) is amended--
            (1) by redesignating section 658P as section 658T; and
            (2) by moving that section 658T to the end of the Act.

SEC. 111. RULES OF CONSTRUCTION.

    The Child Care and Development Block Grant Act of 1990 (as amended 
by section 110(e)) is further amended by inserting after section 658O 
(42 U.S.C. 9858m) the following:

``SEC. 658P. RULES OF CONSTRUCTION.

    ``Nothing in this subchapter shall be construed to require a State 
to impose State child care licensing requirements on any type of early 
childhood provider, including any such provider who is exempt from 
State child care licensing requirements on the date of enactment of the 
Caring for Children Act of 2003.''.

     TITLE II--ENHANCING SECURITY AT CHILD CARE CENTERS IN FEDERAL 
                               FACILITIES

SEC. 201. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (2) Corresponding child care facility.--The term 
        ``corresponding child care facility'', used with respect to the 
        Chief Administrative Officer of the House of Representatives, 
        the Librarian of Congress, or the head of a designated entity 
        in the Senate, means a child care facility operated by, or 
        under a contract or licensing agreement with, an office of the 
        House of Representatives, the Library of Congress, or an office 
        of the Senate, respectively.
            (3) Entity sponsoring a child care facility.--The term 
        ``entity sponsoring'', used with respect to a child care 
        facility, means a Federal agency that operates, or an entity 
        that enters into a contract or licensing agreement with a 
        Federal agency to operate, a child care facility primarily for 
        the use of Federal employees.
            (4) Executive agency.--The term ``Executive agency'' has 
        the meaning given the term in section 105 of title 5, United 
        States Code, except that the term--
                    (A) does not include the Department of Defense and 
                the Coast Guard; and
                    (B) includes the General Services Administration, 
                with respect to the administration of a facility 
                described in paragraph (5)(B).
            (5) Executive facility.--The term ``executive facility''--
                    (A) means a facility that is owned or leased by an 
                Executive agency; and
                    (B) includes a facility that is owned or leased by 
                the General Services Administration on behalf of a 
                judicial office.
            (6) Federal agency.--The term ``Federal agency'' means an 
        Executive agency, a legislative office, or a judicial office.
            (7) Judicial facility.--The term ``judicial facility'' 
        means a facility that is owned or leased by a judicial office 
        (other than a facility that is also a facility described in 
        paragraph (5)(B)).
            (8) Judicial office.--The term ``judicial office'' means an 
        entity of the judicial branch of the Federal Government.
            (9) Legislative facility.--The term ``legislative 
        facility'' means a facility that is owned or leased by a 
        legislative office.
            (10) Legislative office.--The term ``legislative office'' 
        means an entity of the legislative branch of the Federal 
        Government.

SEC. 202. ENHANCING SECURITY.

    (a) Coverage.--
            (1) Executive branch.--The Administrator shall issue the 
        regulations described in subsection (b) for child care 
facilities, and entities sponsoring child care facilities, in executive 
facilities.
            (2) Legislative branch.--The Chief Administrative Officer 
        of the House of Representatives, the Librarian of Congress, and 
        the head of a designated entity in the Senate shall issue the 
        regulations described in subsection (b) for corresponding child 
        care facilities, and entities sponsoring the corresponding 
        child care facilities, in legislative facilities.
            (3) Judicial branch.--The Director of the Administrative 
        Office of the United States Courts shall issue the regulations 
        described in subsection (b) for child care facilities, and 
        entities sponsoring child care facilities, in judicial 
        facilities.
    (b) Regulations.--The officers and designated entity described in 
subsection (a) shall issue regulations that concern--
            (1) matters relating to an occupant emergency plan and 
        evacuations, such as--
                    (A) providing for building security committee 
                membership for each director of a child care facility 
                described in subsection (a);
                    (B) establishing a separate section in an occupant 
                emergency plan for each such facility;
                    (C) promoting familiarity with procedures and 
                evacuation routes for different types of emergencies 
                (such as emergencies caused by hazardous materials, a 
                fire, a bomb threat, a power failure, or a natural 
                disaster);
                    (D) strengthening onsite relationships between 
                security personnel and the personnel of such a 
                facility, such as by ensuring that the post orders of 
                guards reflect responsibility for the facility;
                    (E) providing specific, clear, and concise 
                evacuation instructions for a facility, 
including instructions specifying who authorizes an evacuation;
                    (F) providing for good evacuation equipment, 
                especially cribs; and
                    (G) promoting the ability to evacuate without 
                outside assistance; and
            (2) matters relating to relocation sites, such as--
                    (A) promoting an informed parent body that is 
                knowledgeable about evacuation procedures and 
                relocation sites;
                    (B) providing regularly updated parent contact 
                information (regarding matters such as names, 
                locations, electronic mail addresses, and cell phone 
                and other telephone numbers);
                    (C) establishing remote telephone contact for 
                parents, to and from areas that are not less than 10 
                miles from such a facility; and
                    (D) providing for an alternate site (in addition to 
                regular sites) in the event of a catastrophe, which 
                site may include--
                            (i) a site that would be an unreasonable 
                        distance from the facility under normal 
                        circumstances; and
                            (ii) a facility with 24-hour operations, 
                        such as a hotel or law school library.

  TITLE III--REMOVAL OF BARRIERS TO INCREASING THE SUPPLY OF QUALITY 
                               CHILD CARE

SEC. 301. SMALL BUSINESS CHILD CARE GRANT PROGRAM.

    (a) Establishment.--The Secretary of Health and Human Services 
(referred to in this section as the ``Secretary'') 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 employer-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 subsection (e) will be provided.
    (c) Amount 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 compared to the population of all States receiving grants 
under this section.
    (d) Use of Funds.--
            (1) In general.--A State shall use amounts provided under a 
        grant awarded under this section to provide assistance to a 
        consortium of a small business and other appropriate entities 
        located in the State to enable the small businesses to 
        establish and operate child care programs. Such assistance may 
        include--
                    (A) the acquisition, construction, renovation, and 
                operation of child care facilities and equipment;
                    (B) technical assistance in the establishment of a 
                child care program;
                    (C) assistance for the startup costs related to a 
                child care program;
                    (D) assistance for the training of child care 
                providers;
                    (E) scholarships for low-income wage earners;
                    (F) the provision of services to care for sick 
                children or to provide care to school-aged children;
                    (G) the entering into of contracts with local 
                resource and referral or local health departments;
                    (H) assistance for care for children with 
                disabilities; or
                    (I) assistance for any other activity determined 
                appropriate by the State (including loans, grants, 
                investment guarantees, interest subsidies, or other 
                mechanisms to expand the availability of, and improve 
                the quality of, employer-operated child care in the 
                State).
            (2) Application.--To be eligible to receive assistance from 
        a State under this section, a consortium shall prepare and 
        submit to the State an application at such time, in such 
        manner, and containing such information as the State may 
        require.
            (3) Preference.--In providing assistance under this 
        section, a State shall give priority to a consortium that 
        desires to provide child care in a geographic area within the 
        State where such care is not generally available or accessible.
            (4) Limitation.--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 receive a grant under 
this section, a State shall provide assurances to the Secretary that, 
with respect to the costs to be incurred by a consortium receiving 
assistance from the State to carry out activities under this section--
            (1) the consortium will make available non-Federal 
        contributions to such costs in an amount equal to--
                    (A) for the first fiscal year in which the 
                consortium receives such assistance, not less than 50 
                percent of such costs;
                    (B) for the second fiscal year in which the 
                consortium receives such assistance, not less than 
                66\2/3\ percent of such costs; and
                    (C) for the third fiscal year in which the 
                consortium receives such assistance, not less than 75 
                percent of such costs; and
            (2) the consortium will make the contributions available--
                    (A) directly or through donations from public or 
                private entities; and
                    (B) as determined by the State, in cash or in kind, 
                fairly evaluated, including plant, equipment, or 
                services.
    (f) Requirements of Providers.--To be eligible to receive 
assistance under a grant awarded under this section, a child care 
provider shall comply with all applicable State and local licensing and 
regulatory requirements and all applicable health and safety standards 
in effect in the State.
    (g) State-Level Activities.--A State may not retain more than 3 
percent of the amount described in subsection (c) for State 
administration and other State-level activities.
    (h) Administration.--
            (1) State responsibility.--A State shall have 
        responsibility for administering a grant awarded for the State 
        under this section and for monitoring consortia that receive 
        assistance under such grant.
            (2) Audits.--A State shall require each consortium 
        receiving assistance under a grant awarded under this section 
        to conduct an annual audit with respect to the activities of 
        the consortium. Such audits shall be submitted to the State.
            (3) Misuse of funds.--
                    (A) Repayment.--If the State determines, through an 
                audit or otherwise, that a consortium receiving 
                assistance under a grant awarded under this section has 
                misused the assistance, the State shall notify the 
                Secretary of the misuse. The Secretary, upon such a 
                notification, may seek from such a consortium the 
repayment of an amount equal to the amount of any such misused 
assistance plus interest.
                    (B) Appeals process.--The Secretary shall by 
                regulation provide for an appeals process with respect 
                to repayments under this paragraph.
    (i) Reporting Requirements.--
            (1) 2-year study.--
                    (A) In general.--Not later than 2 years after the 
                date on which the Secretary first awards grants under 
                this section, the Secretary shall conduct a study to 
                determine--
                            (i) the capacity of consortia to meet the 
                        child care needs of communities within States;
                            (ii) the kinds of consortia that are being 
                        formed with respect to child care at the local 
                        level to carry out programs funded under this 
                        section; and
                            (iii) who is using the programs funded 
                        under this section and the income levels of 
                        such individuals.
                    (B) Report.--Not later than 28 months after the 
                date on which the Secretary first awards grants under 
                this section, the Secretary shall prepare and submit to 
                the appropriate committees of Congress a report on the 
                results of the study conducted in accordance with 
                subparagraph (A).
            (2) 4-year study.--
                    (A) In general.--Not later than 4 years after the 
                date on which the Secretary first awards grants under 
                this section, the Secretary shall conduct a study to 
                determine the number of child care facilities that are 
                funded through consortia that received assistance 
                through a grant awarded under this section and that 
                remain in operation and the extent to which such 
                facilities are meeting the child care needs of the 
                individuals served by such facilities.
                    (B) Report.--Not later than 52 months after the 
                date on which the Secretary first awards grants under 
                this section, the Secretary shall prepare and submit to 
                the appropriate committees of Congress a report on the 
                results of the study conducted in accordance with 
                subparagraph (A).
    (j) Definition.--In this section:
            (1) Consortium.--The term ``consortium'' means 2 or more 
        entities that--
                    (A) shall include at least 1 small business; and
                    (B) may include other small businesses, nonprofit 
                agencies or community development corporations, local 
                governments, or other appropriate entities.
            (2) Small business.--The term ``small business'' means an 
        employer who employed an average of at least 2 but not more 
        than 50 employees on business days during the preceding 
        calendar year.
    (k) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section, $30,000,000 for the period of fiscal 
        years 2004 through 2008.
            (2) Evaluations and administration.--With respect to the 
        total amount appropriated for such period in accordance with 
        this subsection, not more than $2,500,000 of that amount may be 
        used for expenditures related to conducting evaluations 
        required under, and the administration of, this section.
    (l) Termination of Program.--The program established under 
subsection (a) shall terminate on September 30, 2009.




                                                        Calendar No. 72

108th CONGRESS

  1st Session

                                 S. 880

                          [Report No. 108-37}

Rule___________________________________________________________________

                                 A BILL

  To amend the Child Care and Development Block Grant Act of 1990 to 
   reauthorize the Act, to improve early learning opportunities and 
          promote school preparedness, and for other purposes.

_______________________________________________________________________

                             April 10, 2003

                 Read twice and placed on the calendar