[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3520 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3520

 To provide grants to States, Indian Tribes, and Tribal organizations 
 for activities to increase the availability of child care options and 
      to support the child care workforce, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 27, 2018

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

_______________________________________________________________________

                                 A BILL


 
 To provide grants to States, Indian Tribes, and Tribal organizations 
 for activities to increase the availability of child care options and 
      to support the child care workforce, 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 Supply Improvement Act of 
2018''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Allotment percentage.--The term ``allotment 
        percentage'', with respect to a State, means the allotment 
        percentage determined for the State in accordance with section 
        658O(b)(4) of the Child Care and Development Block Grant Act of 
        1990 (42 U.S.C. 9858m(b)(4)).
            (2) Child.--The term ``child'' means an individual--
                    (A) who is age 5 or younger; or
                    (B) who has not yet entered kindergarten.
            (3) Child with a disability.--The term ``child with a 
        disability'' means--
                    (A) a child with a disability, as defined in 
                section 602 of the Individuals with Disabilities 
                Education Act (20 U.S.C. 1401), except the term 
                ``child'' shall be limited to a child as defined in 
                paragraph (2);
                    (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) a child who is eligible for services under 
                section 504 of the Rehabilitation Act of 1973 (29 
                U.S.C. 794); or
                    (D) a child with a disability, as the term 
                ``disability'' is defined by the State involved.
            (4) Child care program.--The term ``child care program''--
                    (A) means any program--
                            (i) that provides child care or education 
                        for children, in any setting or through any 
                        funding source; and
                            (ii) that is licensed to provide such care 
                        or education under licensing requirements 
                        applicable in the State or is exempt from such 
                        requirements; and
                    (B) includes--
                            (i) any program operated by a center-based 
                        child care provider or a family child care 
                        provider;
                            (ii) child care provided by relatives, 
                        friends, or neighbor caregivers;
                            (iii) any preschool program funded by the 
                        Federal Government, a State, or a local 
                        educational agency; or
                            (iv) a Head Start program, including an 
                        Early Head Start program, under the Head Start 
                        Act (42 U.S.C. 9831 et seq.).
            (5) Child care provider.--The term ``child care provider'' 
        means the staff of a child care program.
            (6) Eligible community development financial institution.--
        The term ``eligible community development financial 
        institution'' means--
                    (A) a community development financial institution 
                (as defined in section 103 of the Community Development 
                Banking and Financial Institutions Act of 1994 (12 
                U.S.C. 4702)) that has been certified by the Community 
                Development Financial Institutions Fund under section 
                1805.201 of title 12, Code of Federal Regulations, or 
                any successor regulation; or
                    (B) an organization that--
                            (i) is described in section 501(c)(3) of 
                        the Internal Revenue Code of 1986;
                            (ii) is exempt from taxation under section 
                        501(a) of such Code; and
                            (iii) has demonstrated experience in--
                                    (I) providing technical or 
                                financial assistance for the 
                                acquisition, construction, renovation, 
                                or improvement of child care 
                                facilities;
                                    (II) providing technical, 
                                financial, or managerial assistance to 
                                child care providers; and
                                    (III) securing private sources of 
                                capital financing for child care or 
                                other low-income community development.
            (7) Family child care provider.--The term ``family child 
        care provider'' 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).
            (8) Indian tribe; tribal organization.--The terms ``Indian 
        Tribe'' and ``Tribal organization'' have the meanings given the 
        terms ``Indian tribe'' and ``tribal organization'' in section 
        658P of the Child Care and Development Block Grant Act of 1990.
            (9) Interrater reliability.--The term ``interrater 
        reliability'' has the meaning given the term in section 637 of 
        the Head Start Act (42 U.S.C. 9832).
            (10) Local or regional entity.--The term ``local or 
        regional entity'' means--
                    (A) an agency administering a Head Start program, 
                including an Early Head Start program, under the Head 
                Start Act;
                    (B) a State or local agency responsible for 
                administering a child care program, including a local 
                agency responsible for administering a child care 
                program that is a home visiting program for children;
                    (C) a local early childhood advisory council or 
                coalition;
                    (D) a local or regional child care resource and 
                referral organization described in section 
                658E(c)(3)(B)(iii) of the Child Care and Development 
                Block Grant Act of 1990 (42 U.S.C. 
                9858c(c)(3)(B)(iii));
                    (E) an eligible community development financial 
                institution;
                    (F) a nonprofit organization, professional 
                association, or community-based organization with 
                expertise in child care; or
                    (G) a consortium of entities described in any of 
                subparagraphs (A) through (F).
            (11) School lunch factor.--The term ``school lunch factor'' 
        has the meaning given the term in section 658O(b)(3) of the 
        Child Care and Development Block Grant Act of 1990 (42 U.S.C. 
        9858m(b)(3)).
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (13) State.--The term ``State'' has the meaning given the 
        term in section 658P of the Child Care and Development Block 
        Grant Act of 1990.
            (14) Young child factor.--The term ``young child factor'' 
        has the meaning given the term in section 658O(b)(4) of the 
        Child Care and Development Block Grant Act of 1990 (42 U.S.C. 
        9858m(b)(4)).

SEC. 3. CHILD CARE SUPPLY IMPROVEMENT PROGRAM.

    (a) Establishment.--The Secretary shall establish a program to 
award to States, Indian Tribes, and Tribal organizations--
            (1) grants for child care facilities in accordance with 
        section 4; and
            (2) grants for the purpose of carrying out the activities 
        described in section 5.
    (b) Application Process.--A State, Indian Tribe, or Tribal 
organization seeking a grant under this Act shall submit an application 
to the Secretary at such time, in such manner, and containing such 
information as the Secretary may reasonably require.
    (c) Grant Amounts.--
            (1) In general.--Each State, Indian Tribe, or Tribal 
        organization that submits an application meeting the 
        requirements of the Secretary under subsection (b) shall be 
        entitled to a grant in an amount that is determined in 
        accordance with the reservations and allotments under this 
        subsection.
            (2) Amounts reserved.--
                    (A) Territories and possessions.--The Secretary 
                shall reserve not to exceed one-half of 1 percent of 
                the amount appropriated under section 8 in each fiscal 
                year for payments to Guam, American Samoa, the Virgin 
                Islands of the United States, and the Commonwealth of 
                the Northern Mariana Islands to be allotted in 
                accordance with their respective needs.
                    (B) Indian tribes.--The Secretary shall reserve not 
                less than 4 percent of the amount appropriated under 
                section 8 in each fiscal year for grants to Indian 
                Tribes and Tribal organizations that submit an 
                application meeting the requirements of the Secretary 
                under subsection (b).
            (3) State allotments.--From the amount appropriated under 
        section 8 for each fiscal year that is remaining after the 
        reservations under paragraph (2), the Secretary shall allot to 
        each State an amount equal to the sum of--
                    (A) an amount that bears the same ratio to 50 
                percent of such remainder as the product of the young 
                child factor of the State and the allotment percentage 
                of the State bears to the sum of the corresponding 
                products for all States; and
                    (B) an amount that bears the same ratio to 50 
                percent of such remainder as the product of the school 
                lunch factor of the State and the allotment percentage 
                of the State bears to the sum of the corresponding 
                products for all States.

SEC. 4. GRANTS FOR CHILD CARE FACILITIES.

    (a) In General.--A grant awarded under section 3(a)(1) shall be 
used to award a subgrant to an eligible community development financial 
institution, which may partner with other local or regional entities, 
for the purpose of--
            (1) providing technical or financial assistance for the 
        acquisition, construction, or improvements of child care 
        facilities;
            (2) providing technical, financial, or managerial 
        assistance to child care programs;
            (3) subject to subsection (b), renovating child care 
        facilities to comply with State or local health and safety 
        requirements;
            (4) establishing low-cost--
                    (A) loan programs for child care programs; or
                    (B) loan forgiveness programs for child care 
                programs in accordance with subsection (c); or
            (5) developing and piloting local, voluntary best practices 
        related to community zoning standards to support the provision 
        and expansion of child care services.
    (b) Residential Renovations.--A renovation to a private residence 
in which a family child care provider provides child care services may 
be supported through a grant under section 3(a)(1), only if necessary 
to comply with State or local health and safety requirements. Such a 
renovation may include--
            (1) indoor or outdoor modifications, including such 
        modifications to support accessibility for children with 
        disabilities; or
            (2) lead remediation and abatement activities.
    (c) Loan Forgiveness Programs.--A loan forgiveness program 
supported under subsection (a)(4)(B)--
            (1) shall provide loan forgiveness for child care programs 
        over a period of time;
            (2) shall prioritize loan forgiveness for child care 
        programs that are or become licensed, regulated, or registered 
        under State law and become nationally accredited or rated under 
        a tiered quality rating system described in section 658G(b)(3) 
        of the Child Care and Development Block Grant Act of 1990 (42 
        U.S.C. 9858e(b)(3)); and
            (3) may prioritize child care programs--
                    (A) providing high-quality care for infants and 
                toddlers during non-traditional hours;
                    (B) providing inclusive care for children with 
                disabilities;
                    (C) serving children in a geographic area for which 
                there is a shortage of child care; or
                    (D) that otherwise meet the needs identified in the 
                community needs assessment conducted by the State, 
                Indian Tribe, or Tribal organization under section 6.

SEC. 5. GRANTS FOR QUALITY SERVICES, COMPLIANCE REQUIREMENTS, BUSINESS 
              SUPPORT, AND ADMINISTRATIVE IMPROVEMENT ACTIVITIES.

    (a) Subgrants.--A State, Indian Tribe, or Tribal organization 
awarded a grant under section 3(a)(2) may make subgrants to, or partner 
with, local or regional entities to carry out any activity supported by 
the grant in accordance with this section.
    (b) Activities.--A grant awarded under section 3(a)(2) shall be 
used for any of the following activities:
            (1) Activities to provide--
                    (A) pathways for child care programs operating 
                legally without a child care license to obtain such 
                license;
                    (B) pre-licensing orientation for individuals 
                seeking a child care license;
                    (C) technical assistance throughout the child care 
                licensing process; or
                    (D) pathways to accreditation of child care 
                programs and quality improvement for such programs, 
                including entry into or improvement on a tiered quality 
                rating system described in section 658G(b)(3) of the 
                Child Care and Development Block Grant Act of 1990 (42 
                U.S.C. 9858e(b)(3)).
            (2) Activities, in accordance with subsection (c), to 
        provide ongoing, job-embedded professional development for 
        child care programs, including structured training, coaching, 
        mentoring, professional development visits, and peer support 
        activities, or professional opportunities, to reduce isolation 
        of child care providers, including through cohort-based models.
            (3) Activities to provide business start-up support for 
        child care programs as described in subsection (d).
            (4) Activities to improve the administration of child care 
        programs, by States, Indian Tribes, or Tribal organizations, 
        which shall include activities as described in subsection (e).
    (c) Professional Development Activities.--
            (1) Accessibility.--The professional development activities 
        described in subsection (b)(2) shall--
                    (A) be appropriate, relevant, accessible and 
                affordable for family child care providers in home-
                based settings; and
                    (B) be culturally responsive and linguistically 
                appropriate for the applicable community.
            (2) Activities.--Such professional development activities 
        may include--
                    (A) assistance for child care providers in 
                obtaining qualified, temporary substitute child care or 
                reimbursing such child care providers for obtaining 
                such child care;
                    (B) the creation, expansion, or replication of 
                staffed family child care networks;
                    (C) the creation, expansion, or replication of 
                infant-toddler specialist networks; and
                    (D) cross-sector training and partnership 
                opportunities for teachers and staff of--
                            (i) Head Start programs, including Early 
                        Head Start programs, under the Head Start Act;
                            (ii) early intervention programs;
                            (iii) infant and early childhood mental 
                        health programs;
                            (iv) home visiting child care programs;
                            (v) State-funded pre-kindergarten and 
                        preschool programs that receive funds under 
                        part A of title I of the Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 6301 
                        et seq.); or
                            (vi) any other child care program.
    (d) Business Start-Up Activities.--The business-start up activities 
described in subsection (b)(3)--
            (1) shall--
                    (A) promote sound, sustainable business practices, 
                including business planning practices, to child care 
                programs, including through orientations for child care 
                programs and related programs, such as 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);
                    (B) provide financial aid or technical assistance 
                to assist child care providers in complying with 
                licensing requirements, or health and safety 
                requirements;
                    (C) provide technical assistance or financial 
                assistance for costs associated with beginning a 
                business, including costs for equipment or supplies, 
                including diapers and diapering supplies; and
                    (D) develop shared service models for child care 
                programs with respect to business activities including 
                accounting, marketing, communications, health 
                insurance, and legal support activities; and
            (2) may include activities to promote innovative solutions 
        or support the development of innovative models or arrangements 
        for child care providers, such as co-located child care 
        programs or employer-sponsored child care programs, which may 
        be identified through the community needs assessment conducted 
        by the State, Indian Tribe, or Tribal organization under 
        section 6.
    (e) Improving Administration.--
            (1) In general.--The activities described in subsection 
        (b)(4) shall include activities to--
                    (A) improve data collection with respect to child 
                care services, including the collection of information 
                by States under section 658K of the Child Care and 
                Development Block Grant Act of 1990 (42 U.S.C. 9858j);
                    (B) improve coordination between States and Indian 
                Tribes or Tribal organizations receiving assistance 
                under such Act, the Head Start Act, or this Act;
                    (C) improve coordination between States and local 
                governments with respect to licensing and other 
                regulatory requirements for child care providers, and, 
                if applicable, the State's tiered quality rating system 
                described in section 658G(b)(3) of the Child Care and 
                Development Block Grant Act of 1990 (42 U.S.C. 
                9858e(b)(3));
                    (D) increase interrater reliability in licensing 
                inspections or other evaluations of child care programs 
                by training licensing inspectors of child care 
                providers and providing such inspectors with additional 
                professional development;
                    (E) identify and eliminate barriers to child care 
                licensure, such as through reducing fees for background 
                checks, translating licensing regulations into 
                languages other than English, collaborating with 
                housing authorities or local governments, or addressing 
                other barriers that may be identified through the 
                community needs assessment conducted under section 6; 
                or
                    (F) improve the functionality of activities related 
                to State and local regulatory requirements, including 
                requirements with respect to licensing and licensing 
                inspections, in accordance with paragraph (2).
            (2) Functionality activities.--The activities described in 
        paragraph (1)(F) may include developing modern technology in 
        accordance with paragraph (3) to assist and improve with--
                    (A) outreach, including communication to child care 
                providers of--
                            (i) licensing and other regulatory 
                        requirements described in subparagraph (K) of 
                        section 658E(c)(2) of the Child Care and 
                        Development Block Grant Act of 1990 (42 U.S.C. 
                        9858c(c)(2)); and
                            (ii) health and safety requirements 
                        described in subparagraph (I) of such section;
                    (B) enforcement of the requirements described in 
                clauses (i) and (ii) of subparagraph (A);
                    (C) assistance to child care providers in complying 
                with such requirements; or
                    (D) efforts to streamline State and local paperwork 
                requirements for child care providers without 
                diminishing any health and safety requirements 
                applicable to such providers.
            (3) Modern technology.--Any modern technology developed 
        under paragraph (2) shall--
                    (A) focus on the needs of child care providers 
                subject to the requirements described in clauses (i) 
                and (ii) of paragraph (2)(A); and
                    (B) take into consideration, to the extent 
                possible, best practices related to technology 
                development practices, including user-centered design, 
                as detailed in applicable Federal guidelines, such as 
                the Digital Services Playbook.

SEC. 6. COMMUNITY NEEDS ASSESSMENT.

    (a) In General.--Each State, Indian Tribe, or Tribal organization 
receiving a grant under this Act shall, prior to undertaking any 
activity supported by such a grant, conduct an assessment of the needs 
of the State, Indian Tribe, or Tribal organization with respect to 
issues including--
            (1) the overall supply of child care programs, including 
        the supply of high-quality child care programs;
            (2) geographic shortages and diversity of child care 
        providers;
            (3) child care offered during nontraditional hours;
            (4) cultural and linguistic needs of children, parents, and 
        child care providers; and
            (5) relevant trends in child care supply and demand.
    (b) Consultation.--In preparing the needs assessment required under 
subsection (a), the State, Indian Tribe, or Tribal organization shall 
consult with parents, child care stakeholder groups, relevant local 
governments, interested businesses and employers, related professional 
associations, and community-based organizations.
    (c) Results.--A State, Indian Tribe, or Tribal organization 
receiving a grant under this Act shall--
            (1) use the results of the needs assessment required under 
        subsection (a) to determine how to use the funds awarded 
        through such grant to address the needs of children, parents, 
        and child care providers; and
            (2) to the greatest extent possible, use the funds awarded 
        through such grant in proportion to the needs determined 
        through such assessment to increase the supply of high-quality 
        child care, which may include a focus on a particular issue 
        described in any of paragraphs (1) through (5) of subsection 
        (a).

SEC. 7. ADMINISTRATIVE REQUIREMENTS.

    (a) Supplement and Not Supplant.--Funds made available through a 
grant or subgrant under this Act shall supplement, and not supplant, 
other Federal, State, or local funds that are available for child care 
programs or other family engagement programs.
    (b) Maintenance of Effort.--A State, Indian Tribe, or Tribal 
organization that receives funds through a grant under this Act for a 
fiscal year shall maintain the fiscal effort provided by the State, 
Indian Tribe, or Tribal organization for the activities supported by 
such funds at a level equal to or greater than the level of such fiscal 
effort for the preceding fiscal year.
    (c) Voluntary Participation.--A State, Indian Tribe, or Tribal 
organization that receives a grant under this Act shall ensure that 
family participation in any program supported by such grant shall be 
voluntary and not preclude the family from participating in any other 
Federal, State, or local program.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
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