[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3643 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 3643

   To amend part A of title IV of the Social Security Act to provide 
         additional child care funding, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 4, 2017

  Mr. Crowley (for himself and Ms. Frankel of Florida) introduced the 
following bill; which was referred to the Committee on Ways and Means, 
and in addition to the Committee on Education and the Workforce, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
   To amend part A of title IV of the Social Security Act to provide 
         additional child care funding, 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 ``Children First Act of 2017''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to provide funding to ensure that the families that 
        have infants and toddlers, that have a family income of not 
        more than 200 percent of the applicable Federal poverty 
        guideline, and that need child care have access to high-quality 
        infant and toddler child care by the end of fiscal year 2028, 
        in order to promote family economic security and parental 
        employment, to support parents in balancing work and family 
        obligations, and to promote children's health, early care, and 
        learning;
            (2) to provide sufficient funding to ensure that both 
        families and child care providers have the resources they need 
        to support high-quality early care and learning for infants and 
        toddlers;
            (3) to ensure that provider payment rates, for infant and 
        toddler child care providers, are set at a level high enough to 
        support high-quality child care for infants and toddlers, 
        including infants and toddlers with disabilities;
            (4) to assist eligible infant and toddler child care 
        providers in improving the quality of their programs--
                    (A) by strengthening the skills, competencies, and 
                compensation of the workforce of those providers, in a 
                manner aligned with the report entitled ``Transforming 
                the Workforce for Children Birth Through Age 8: A 
                Unifying Foundation'', issued by the National Academy 
                of Sciences in April 2015; and
                    (B) by helping those providers ensure that children 
                receive the comprehensive services they need, by 
                coordinating activities with other community service 
                providers; and
            (5) to ensure that high-quality infant and toddler child 
        care is a strong component of a continuum of quality early care 
        and learning activities within States and Indian and Native 
        Hawaiian communities, starting with prenatal care and 
        continuing through activities in the early school years, with 
        seamless transitions between programs.

SEC. 3. CHILD CARE FUNDING FOR INFANTS AND TODDLERS.

    Part A of title IV of the Social Security Act (42 U.S.C. 601 et 
seq.) is amended by inserting after section 418 the following:

``SEC. 418A. FUNDING FOR CHILD CARE FOR INFANTS AND TODDLERS.

    ``(a) Grants To Expand Access to High-Quality Child Care.--
            ``(1) In general.--From the amount reserved under 
        subsection (g)(1) for a fiscal year, the Secretary shall make a 
        grant--
                    ``(A) to each eligible State that is not a 
                territory, in an amount that bears the same ratio to 95 
                percent of the amount so reserved as the number of 
                infants and toddlers from low-income families in the 
                State bears to the total number of such infants and 
                toddlers in all eligible States that are not 
                territories; and
                    ``(B) to each eligible State that is a territory, 
                in an amount that bears the same ratio to 5 percent of 
                the amount so reserved as the number of infants and 
                toddlers from low-income families in the territory 
                bears to the total number of such infants and toddlers 
                in all eligible States that are territories.
            ``(2) Use of funds.--A State to which a grant is made under 
        this subsection shall use the grant--
                    ``(A) to expand access to high-quality child care 
                for infants and toddlers who do not receive child care 
                funded through the Child Care and Development Fund;
                    ``(B) to increase, as described in this section, 
                the quality of child care for infants and toddlers who 
                receive child care funded through the Child Care and 
                Development Fund; and
                    ``(C)(i) to support payment rates, for child care 
                providers that serve infants and toddlers, that reflect 
                the cost of high-quality child care and are sufficient 
                to attract, support, and retain providers who meet 
                quality standards that relate to the unique needs of 
                infants and toddlers, including infants and toddlers 
                with disabilities; and
                    ``(ii) to increase the compensation of, and provide 
                other financial incentives for, the highly-qualified 
                infant and toddler child care workforce.
    ``(b) Grants for Maintaining Access to Child Care.--From the amount 
reserved under subsection (g)(6) for a fiscal year, the Secretary shall 
make a grant--
            ``(1) to each eligible State that is not a territory, in an 
        amount that bears the same ratio to the amount so reserved as 
        the amount payable to the State under section 418(a)(2)(B) for 
        the fiscal year bears to the total of the amounts payable under 
        such section for the fiscal year to all eligible States that 
        are not territories; and
            ``(2) to each eligible State that is a territory, in an 
        amount that bears the same ratio to 5 percent of the amount so 
        reserved as the amount payable to the territory under section 
        418(a)(2)(B) for the fiscal year bears to the total of the 
        amounts payable under such section for the fiscal year to all 
        eligible States that are territories.
    ``(c) Grants for Indian and Native Hawaiian Child Care.--
            ``(1) In general.--
                    ``(A) Grant formula.--In order to ensure that 
                Indian and Native Hawaiian children have equal access 
                to high-quality infant and toddler child care, the 
                Secretary shall develop a formula for allotting the 
                amount reserved under subsection (g)(2) among Indian 
                tribes and tribal organizations, and shall make a grant 
                to each Indian tribe and tribal organization in an 
                amount equal to the amount allotted to the Indian tribe 
                or tribal organization under the formula.
                    ``(B) Formula factors.--In developing the formula, 
                the Secretary shall--
                            ``(i) provide for a level of funding that 
                        will ensure that, by the end of fiscal year 
                        2026, the Indian and Native Hawaiian infants 
                        and toddlers in eligible families will receive 
                        a level of services that is equivalent to the 
                        high-quality child care received by infants and 
                        toddlers in the general population under this 
                        section;
                            ``(ii) take into consideration the unique 
                        needs and circumstances of individuals in 
                        Indian and Native Hawaiian communities, such as 
                        unemployment rates; and
                            ``(iii) the cost of providing high-quality 
                        child care that addresses Indian and Native 
                        Hawaiian culture and language.
            ``(2) Use of funds.--An Indian tribe or tribal organization 
        to which a grant is made under this subsection shall use the 
        grant to provide high-quality child care to infants and 
        toddlers in low-income families.
    ``(d) Grants for Child Care During Unconventional Hours.--
            ``(1) In general.--From the amount reserved under 
        subsection (g)(5) for each fiscal year, the Secretary may make 
        a grant--
                    ``(A) to each eligible State that is not a 
                territory, in an amount that bears the same ratio to 
                the amount so reserved as the total of the amounts 
                payable to the State under section 418 and this section 
                for the fiscal year bears to the total of the amounts 
                payable under such sections for the fiscal year to all 
                eligible States that are not territories; and
                    ``(B) to each eligible State that is a territory, 
                in an amount that bears the same ratio to 5 percent of 
                the amount so reserved as the total of the amounts 
                payable to the territory under section 418 and this 
                section for the fiscal year bears to the total of the 
                amounts payable under such sections for the fiscal year 
                to all eligible States that are territories.
            ``(2) Use of funds.--A State to which a grant is made under 
        this subsection shall use the grant to enable the provision of 
        child care during nontraditional and unpredictable hours.
    ``(e) Applicability of Certain Requirements Relating to Child Care 
Funding.--Subsections (a)(2)(D), (a)(5), (b), and (c) of section 418 
shall apply with respect to this section in the same way such 
subsections apply with respect to section 418.
    ``(f) Appropriation.--For grants under this section, there are 
appropriated--
            ``(1) $3,745,000,000 for fiscal year 2018;
            ``(2) $4,212,000,000 for fiscal year 2019;
            ``(3) $4,926,000,000 for fiscal year 2020;
            ``(4) $5,972,000,000 for fiscal year 2021;
            ``(5) $7,038,000,000 for fiscal year 2022;
            ``(6) $8,146,000,000 for fiscal year 2023;
            ``(7) $9,775,000,000 for fiscal year 2024;
            ``(8) $11,416,000,000 for fiscal year 2025;
            ``(9) $13,169,000,000 for fiscal year 2026; and
            ``(10) $15,222,000,000 for fiscal year 2027.
    ``(g) Reservations of Funds.--From the amounts appropriated under 
subsection (f) for each fiscal year, the Secretary shall--
            ``(1) reserve an amount for grants under subsection (a) 
        (relating to expanding access to high-quality child care);
            ``(2) reserve not less than 2 percent for grants under 
        subsection (c) (relating to Indian and Native Hawaiian child 
        care);
            ``(3) reserve not more than 0.5 percent for research and 
        evaluation of activities under this section;
            ``(4) reserve not more than 0.5 percent for the provision 
        of technical assistance relating to activities under this 
        section;
            ``(5) reserve 6 percent for grants under subsection (d) 
        (relating to child care provided during nontraditional and 
        unpredictable hours); and
            ``(6) reserve the remainder for grants under subsection (b) 
        (relating to maintaining access to child care).
    ``(h) Definitions.--In this section:
            ``(1) Child care and development fund.--The term `Child 
        Care and Development Fund' means the funds appropriated under 
        the Child Care and Development Block Grant Act of 1990 (42 
        U.S.C. 9858 et seq.) and the funds appropriated under section 
        418 of this Act.
            ``(2) Eligible family.--The term `eligible family' means a 
        low-income family that has, and needs child care for, an infant 
        or toddler.
            ``(3) Eligible infant or toddler.--The term `eligible 
        infant or toddler' means an infant or toddler from a low-income 
        family.
            ``(4) High-quality.--This term `high-quality', used with 
        respect to child care (including early care and learning), 
        means child care that--
                    ``(A) meets the needs of working families, 
                including full-day and full-year options;
                    ``(B) provides adequate compensation to attract, 
                retain, and develop a well-qualified workforce, and 
                provides opportunities for caregivers to progress 
                through professional development goals;
                    ``(C) promotes age-appropriate social, emotional, 
                cognitive, and physical development;
                    ``(D) coordinates activities with Head Start and 
                other public and private agencies to ensure that 
                infants and toddlers are referred to other appropriate 
                community services; and
                    ``(E) engages with parents in their roles as first 
                teachers and partners with parents in their child's 
                early care and learning and transition to pre-
                kindergarten or a Head Start program.
            ``(5) Infant or toddler.--The term `infant or toddler' 
        means a child who has not attained 4 years of age.
            ``(6) Infant or toddler with a disability.--The term 
        `infant or toddler with a disability' has the meaning given the 
        term in section 632 of the Individuals with Disabilities 
        Education Act (20 U.S.C. 1432).
            ``(7) Low-income family.--The term `low-income family' 
        means a family with a family income of not more than 200 
        percent of the applicable Federal poverty guideline.
            ``(8) Native hawaiian.--The term `Native Hawaiian' has the 
        meaning given the term in section 6207 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7517).
            ``(9) Territory.--The term `territory' means the Virgin 
        Islands of the United States, the Commonwealth of Puerto Rico, 
        Guam, American Samoa, and the Commonwealth of the Northern 
        Mariana Islands
            ``(10) Tribal organization.--The term `tribal organization' 
        has the meaning given the term in section 658P of the Child 
        Care and Development Block Grant Act of 1990 (42 U.S.C. 
        9858n).''.

SEC. 4. APPLICABILITY OF STATE OR LOCAL HEALTH AND SAFETY STANDARDS TO 
              OTHER TANF CHILD CARE SPENDING.

    Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is 
amended by adding at the end the following:
            ``(8) Certification of procedures to ensure that child care 
        providers comply with applicable state or local health and 
        safety standards.--A certification by the Governor of a State 
        that procedures are in effect to ensure that any child care 
        provider in the State that provides services funded through 
        expenditures under this part or with qualified State 
        expenditures complies with all applicable State or local health 
        and safety requirements as described in section 658E(c)(2)(I) 
        of the Child Care and Development Block Grant Act of 1990.''.

SEC. 5. AVAILABILITY OF CHILD CARE FOR PARENTS REQUIRED TO WORK.

    Section 407(e)(2) of the Social Security Act (42 U.S.C. 607(e)(2)) 
is amended--
            (1) by inserting ``or other individual with custody'' after 
        ``parent''; and
            (2) by striking ``6'' and inserting ``13''.

SEC. 6. APPLICATION OF CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 
              1990 REPORTING RULES TO TANF FUNDS EXPENDED FOR CHILD 
              CARE.

    (a) In General.--Section 411(a) of the Social Security Act (42 
U.S.C. 611(a)) is amended--
            (1) by redesignating paragraph (7) as paragraph (8); and
            (2) by inserting after paragraph (6) the following:
            ``(7) Application of child care and development block grant 
        act of 1990 reporting rules to funds expended for child care.--
        Any funds provided under this part that are expended for child 
        care, whether or not transferred to the Child Care and 
        Development Block Grant Act of 1990, shall be subject to the 
        individual and case data reporting requirements imposed under 
        that Act and need not be included in the report required by 
        paragraph (1) for a fiscal quarter.''.
    (b) Conforming Amendment.--Section 411(a)(1)(A)(ix) of such Act (42 
U.S.C. 611(a)(1)(A)(ix)) is amended by striking ``supplemental 
nutrition assistance program benefits, or subsidized child care, and if 
the latter 2,'' and inserting ``or supplemental nutrition assistance 
program benefits, and if the latter,''.

SEC. 7. EFFECTIVE DATE.

    (a) In General.--Subject to subsections (b) and (c), the amendments 
made by this Act shall take effect on October 1, 2018, and shall apply 
to payments under part A of title IV of the Social Security Act for 
calendar quarters beginning on or after such date, without regard to 
whether regulations to implement the amendments are promulgated by such 
date.
    (b) Application of Reporting Rules.--The amendments made by section 
6 shall take effect on October 1, 2019.
    (c) Delay Permitted if State Legislation Required.--In the case of 
a State plan under section 402(a) of the Social Security Act which the 
Secretary of Health and Human Services determines requires State 
legislation (other than legislation appropriating funds) in order for 
the plan to meet the additional requirements imposed by the amendments 
made by this Act, the State plan shall not be regarded as failing to 
comply with the requirements of such section 402(a) solely on the basis 
of the failure of the plan to meet such additional requirements before 
the 1st day of the 1st calendar quarter beginning after the close of 
the 1st regular session of the State legislature that begins after the 
date of the enactment of this Act. For purposes of the previous 
sentence, in the case of a State that has a 2-year legislative session, 
each year of such session shall be deemed to be a separate regular 
session of the State legislature.
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