[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3899 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 3899

  To amend the Child Care and Development Block Grant Act of 1990 to 
        reauthorize and update the Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2022

Mr. Scott of South Carolina (for himself, Mr. Burr, Ms. Murkowski, Ms. 
  Collins, Mr. Sullivan, Mr. Sasse, Mr. Grassley, Mr. Young, and Mrs. 
    Capito) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To amend the Child Care and Development Block Grant Act of 1990 to 
        reauthorize and update the Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Care and Development Block 
Grant Reauthorization Act of 2022''.

SEC. 2. PURPOSES.

    (a) Redesignation.--Section 658A of the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9857) is redesignated as section 658 
of such Act.
    (b) Amendment.--Subsection (b) of that section 658 is amended to 
read as follows:
    ``(b) Purposes.--The purposes of this subchapter are--
            ``(1) to allow each State maximum flexibility in developing 
        a mixed delivery system to provide child care that best suits 
        the needs of children and working parents within that State;
            ``(2) to promote parental choice to empower working parents 
        to make their own decisions regarding the child care services 
        that best suit their family's needs;
            ``(3) to encourage States to provide consumer education 
        information to help parents make informed choices about child 
        care services and to promote involvement by parents and family 
        members in the development of their children in child care 
        settings;
            ``(4) to assist States in delivering high-quality, 
        coordinated child care services to maximize parents' options to 
        cover the full workday and full work year, to support 
        continuity of care for children, and to support parents trying 
        to achieve independence from public assistance;
            ``(5) to assist States in improving the overall quality of 
        child care by implementing the health, safety, licensing, early 
        learning and development, professional, and oversight standards 
        established in this subchapter and in State law (including 
        State regulations);
            ``(6) to assist States--
                    ``(A) in supporting the education and professional 
                development of child care staff; and
                    ``(B) in supporting child care providers in the 
                recruitment of, professional development for, and 
                retention of a qualified child care workforce; and
            ``(7) to increase the number and percentage of low-income 
        children in high-quality child care settings.''.
    (c) Rule of Construction.--The term ``child care'' as used in this 
subchapter includes preschool, prekindergarten, and early childhood 
education for children birth to 5 and before school, after school, and 
summer care for school-age children.

SEC. 3. DEFINITIONS.

    (a) In General.--Section 658P of the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858n) is amended--
            (1) by redesignating paragraphs (2) and (3), (4) through 
        (7), (8) and (9), and (10) through (15), as paragraphs (3) and 
        (4), (6) through (9), (11) and (12), and (14) through (19), 
        respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) Child care.--The term `child care' includes 
        preschool, prekindergarten, and early childhood education for 
        children from birth through age 5, and before school, after 
        school, and summer care for school-age children.'';
            (3) in paragraph (4), as so redesignated--
                    (A) in subparagraph (B), by inserting ``and'' at 
                the end;
                    (B) in subparagraph (C), by striking ``; and'' at 
                the end and inserting a period; and
                    (C) by striking subparagraph (D);
            (4) by striking paragraph (6), as so redesignated, and 
        inserting the following:
            ``(5) Eligible activity.--The term `eligible activity', 
        means an activity consisting of--
                    ``(A) full-time or part-time employment;
                    ``(B) self-employment;
                    ``(C) job search activities;
                    ``(D) job training;
                    ``(E) secondary, postsecondary, or adult education, 
                including education through a program of high school 
                classes, a course of study at an institution of higher 
                education, classes towards an equivalent of a high 
                school diploma recognized by State law, or English as a 
                second language classes;
                    ``(F) health treatment (including mental health and 
                substance use treatment) for a condition that prevents 
                the parent involved from participating in other 
                eligible activities;
                    ``(G) activities to prevent child abuse or neglect, 
                or family violence prevention or intervention 
                activities;
                    ``(H) employment and training activities under the 
                supplemental nutrition assistance program established 
                under section 6(d)(4) of the Food and Nutrition Act of 
                2008 (7 U.S.C. 2015(d)(4));
                    ``(I) employment and training activities under the 
                Workforce Innovation and Opportunity Act (29 U.S.C. 
                3101 et seq.);
                    ``(J) a work activity described in subsection (d) 
                of section 407 of the Social Security Act (42 U.S.C. 
                607) for which, consistent with clauses (ii) and (iii) 
                of section 402(a)(1)(A) of such Act (42 U.S.C. 
                602(a)(1)(A)), a parent is treated as being engaged in 
                work for a month in a fiscal year for purposes of the 
                program of block grants to States for temporary 
                assistance for needy families established under part A 
                of title IV of the Social Security Act (42 U.S.C. 601 
                et seq.); or
                    ``(K) taking leave under the Family and Medical 
                Leave Act of 1993 (29 U.S.C. 2601 et seq.) (or 
                equivalent provisions for Federal employees), a State 
                or local paid or unpaid leave law, or a program of 
                employer-provided leave.
            ``(6) Eligible child.--The term `eligible child' means an 
        individual--
                    ``(A) who is less than 13 years of age;
                    ``(B)(i)(I) whose family income does not exceed 85 
                percent of the State median income for a family of the 
                same size; or
                    ``(II) in the case of a State that has determined 
                it is necessary to serve additional children, after 
                ensuring that all eligible children described in 
                subclause (I) have had an appropriate opportunity to 
                receive services under this subchapter, whose family 
                income does not exceed a State limit that is not more 
                than 150 percent of the State median income for a 
                family of the same size; and
                    ``(ii) whose family assets do not exceed $1,000,000 
                (as certified by a member of such family); and
                    ``(C) who--
                            ``(i) resides with a parent or parents who 
                        are participating in an eligible activity;
                            ``(ii) is a child experiencing 
                        homelessness, a child in kinship care, or a 
                        child who is receiving, or needs to receive, 
                        child protective services; or
                            ``(iii) resides with a parent who is more 
                        than 65 years of age.'';
            (5) in paragraph (8), as so redesignated--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end;
                    (B) in subparagraph (B)--
                            (i) by inserting ``the child (if the spouse 
                        of such provider is engaged in an eligible 
                        activity),'' after ``decree,''; and
                            (ii) by striking the period at the end and 
                        inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(C) notwithstanding section 645(a)(1)(B) of the 
                Head Start Act (42 U.S.C. 9840(a)(1)(B)), a Head Start 
                agency.'';
            (6) by striking paragraph (9), as so redesignated, and 
        inserting the following:
            ``(9) Family child care provider.--The term `family child 
        care provider' means an individual who provides child care 
        services in a private residence--
                    ``(A) for fewer than 24 hours per day per child; or
                    ``(B) for 24 hours per day per child due to the 
                nature of the work of the parent involved.
            ``(10) Homeless child.--The term `homeless child' means an 
        individual described in section 725(2) of the McKinney-Vento 
        Homeless Assistance Act (42 U.S.C. 11434a(2)).'';
            (7) in paragraph (11), as so redesignated, by striking 
        ``(11)'' and all that follows through ``meaning'' and inserting 
        the following:
            ``(11) Indian tribe; indian tribe.--The term `Indian Tribe' 
        or `Indian tribe' has the meaning'';
            (8) by inserting after paragraph (12), as so redesignated, 
        the following:
            ``(13) Mixed delivery system.--The term `mixed delivery 
        system' means a system of child care services that--
                    ``(A) promotes parental choice to empower working 
                parents to make their own decisions regarding the child 
                care services that best suit their family's needs;
                    ``(B) delivers services through a combination of 
                programs offered by eligible child care providers 
                (including faith-based and community-based child care 
                providers) in a variety of settings (including family 
                child care homes, child care centers, Head Start 
                centers, and public and private schools); and
                    ``(C) is supported with a combination of public and 
                private funds.'';
            (9) in paragraph (16), as so redesignated, by striking 
        ``unless the context specifies otherwise'' and inserting 
        ``except as otherwise specified''; and
            (10) in paragraph (19), as so redesignated, by striking 
        ``(19)'' and all that follows through ``has the meaning'' and 
        inserting the following:
            ``(19) Tribal organization; tribal organization.--
                    ``(A) In general.--The term `Tribal organization' 
                or `tribal organization' has the meaning''.
    (b) Redesignation.--The Child Care and Development Block Grant Act 
of 1990 (42 U.S.C. 9857 et seq.) is amended--
            (1) by redesignating section 658P as section 658A; and
            (2) by moving section 658A, as so redesignated, to follow 
        section 658, as redesignated by section 2.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) Part.--The Child Care and Development Block Grant Act of 1990 
is amended by inserting before section 658B the following:

                    ``PART I--CHILD CARE SERVICES''.

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

``SEC. 658B. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this 
subchapter (other than section 658T) $6,165,330,000 for fiscal year 
2022, and such sums as may be necessary for each of fiscal years 2023 
through 2026.''.

SEC. 5. LEAD AGENCY.

    Section 658D(b) of the Child Care and Development Block Grant Act 
of 1990 (42 U.S.C. 9858b(b)) is amended by striking paragraph (2) and 
inserting the following:
            ``(2) Development of plan.--The lead agency shall develop 
        the State plan described in paragraph (1)(B) in meaningful 
        consultation with--
                    ``(A) parents of children eligible for services 
                under this subchapter, which shall include parents of 
                children in a priority population described in section 
                658E(c)(2)(M);
                    ``(B) eligible child care providers that represent 
                the various geographic areas and types of providers in 
                the State;
                    ``(C) employers of various sizes and with various 
                hours and days of operations whose employees rely on 
                reliable and accessible child care to work; and
                    ``(D) appropriate representatives of units of 
                general purpose local government and, as appropriate, 
                of Indian Tribes and Tribal organizations.''.

SEC. 6. APPLICATION AND PLAN.

    Section 658E of the Child Care and Development Block Grant Act of 
1990 (42 U.S.C. 9858c) is amended--
            (1) in subsection (b), by striking ``3-year'' and inserting 
        ``5-year''; and
            (2) in subsection (c)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A)(i)--
                                    (I) in subclause (I), by striking 
                                ``a child'' and inserting ``an eligible 
                                child''; and
                                    (II) in subclause (II), by striking 
                                ``section 658P(2)'' and inserting 
                                ``section 658A(3)'';
                            (ii) in subparagraph (D), by striking ``, 
                        not later'' and all that follows through 
                        ``subparagraph (K)(i),'';
                            (iii) in subparagraph (E)(i)--
                                    (I) in the matter preceding 
                                subclause (I), by inserting ``, offered 
                                through a mixed delivery system,'' 
                                after ``full diversity of child care 
                                services'';
                                    (II) in subclause (I), by inserting 
                                ``(including information on the hours 
                                and days of operation and ages 
                                served)'' after ``of child care 
                                services'';
                                    (III) in subclause (II), by 
                                inserting before the semicolon the 
                                following: ``or a national accrediting 
                                body with demonstrated, valid, and 
                                reliable program standards for high 
                                quality''; and
                                    (IV) in subclause (IV)--
                                            (aa) by striking ``and'' 
                                        before ``the Medicaid''; and
                                            (bb) by inserting before 
                                        the semicolon the following: 
                                        ``, and the Maternal, Infant, 
                                        and Early Childhood Home 
                                        Visiting Programs under section 
                                        511 of the Social Security Act 
                                        (42 U.S.C. 711)'';
                            (iv) in subparagraph (G)--
                                    (I) in the subparagraph heading, by 
                                striking ``Training and professional'' 
                                and inserting ``Professional'';
                                    (II) in clause (i) and clause (ii) 
                                (in the matter preceding subclause 
                                (I)), by striking ``training and'' 
                                before ``professional development'';
                                    (III) in clause (ii)(II), by 
                                striking ``, and may engage'' and all 
                                that follows through ``training 
                                framework''; and
                                    (IV) in clause (iii), by striking 
                                ``training'' and inserting 
                                ``professional development'';
                            (v) in subparagraph (I)(i)--
                                    (I) in subclause (VII)--
                                            (aa) by striking ``for 
                                        emergencies'' and inserting the 
                                        following: ``for--
                                            ``(aa) emergencies'';
                                            (bb) by striking the 
                                        semicolon at the end and 
                                        inserting ``; and''; and
                                            (cc) by adding at the end 
                                        the following:
                                            ``(bb) a public health 
                                        emergency declared by the 
                                        Secretary pursuant to section 
                                        319 of the Public Health 
                                        Service Act (42 U.S.C. 
                                        247d);''; and
                                    (II) in subclause (IX), by striking 
                                ``if applicable,'';
                            (vi) in subparagraph (J)--
                                    (I) by striking ``that procedures'' 
                                and inserting the following: ``that--
                            ``(i) procedures'';
                                    (II) by striking the period at the 
                                end and inserting ``; and''; and
                                    (III) by adding at the end the 
                                following:
                            ``(ii) the State will undertake a review of 
                        State and local health and safety requirements 
                        (including requirements for inspections under 
                        this subchapter and 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)) to determine redundancies 
                        and oversights that may exist, to ensure--
                                    ``(I) children receive child care 
                                services in healthy and safe 
                                environments; and
                                    ``(II) child care providers can 
                                easily identify, understand, and comply 
                                with applicable health and safety 
                                requirements.'';
                            (vii) in subparagraph (K)(i)--
                                    (I) in the matter preceding 
                                subclause (I), by striking ``, not 
                                later'' and all that follows through 
                                ``2014,''; and
                                    (II) in subclause (IV), by striking 
                                ``section 658P(6)(B)'' and inserting 
                                ``section 658A(8)(B)'';
                            (viii) in subparagraph (M)--
                                    (I) by redesignating clauses (ii) 
                                through (iv) as clauses (iii) through 
                                (v), respectively;
                                    (II) by striking clause (i) and 
                                inserting the following:
                            ``(i) children in underserved areas, 
                        including areas that have significant 
                        concentrations of poverty and unemployment and 
                        that do not have a supply of eligible child 
                        care providers;
                            ``(ii) children in rural areas;''; and
                                    (III) in clause (iv), as so 
                                redesignated, by striking ``, as 
                                defined by the State'';
                            (ix) in subparagraph (N)--
                                    (I) in clauses (i)(I) and (iv), by 
                                striking ``85 percent'' and inserting 
                                ``150 percent''; and
                                    (II) in clause (iii), by striking 
                                ``At the option of the State, the'' and 
                                inserting ``The'';
                            (x) in subparagraph (O)(i), by striking 
                        ``full-day services'' and inserting ``full 
                        workday and full work year services'';
                            (xi) in subparagraph (S)(ii), by striking 
                        ``, to the extent'' and all that follows 
                        through ``fixed costs'' and inserting 
                        ``implement enrollment and eligibility policies 
                        that support the fixed and operational costs'';
                            (xii) in subparagraph (T)(i), by striking 
                        ``or implement'' and all that follows through 
                        ``of 2014)'' and inserting ``and implement 
                        early learning and developmental guidelines'';
                            (xiii) in subparagraph (U)--
                                    (I) in clause (i)--
                                            (aa) by striking ``Governor 
                                        or'' and inserting 
                                        ``Governor,''; and
                                            (bb) by inserting before 
                                        the period the following: ``, 
                                        or a public health emergency 
                                        declared by the Secretary 
                                        pursuant to section 319 of the 
                                        Public Health Service Act (42 
                                        U.S.C. 247d)'';
                                    (II) in clause (ii), by inserting 
                                ``State and local health agencies,'' 
                                after ``licensing of child care 
                                providers,''; and
                                    (III) in clause (iii)(II), by 
                                striking ``following the emergency or 
                                disaster, which may include'' and 
                                inserting ``during and following the 
                                emergency or disaster, which shall 
                                include guidelines for the''; and
                            (xiv) in subparagraph (V), by striking 
                        ``develop'' and all that follows through 
                        ``services.'' and inserting ``support child 
                        care business technical assistance including 
                        supporting--
                                    ``(I) provision of strategies to 
                                support management coaching and the use 
                                of core best business practices;
                                    ``(II) development and use of 
                                shared services initiatives including 
                                initiatives involving provider networks 
                                such as child care center alliances and 
                                family child care provider networks; 
                                and
                                    ``(III) coordination of activities 
                                with programs of the Small Business 
                                Administration, programs of the 
                                Department of Agriculture, and other 
                                Federal, State, and local programs 
                                supporting child care businesses.'';
                    (B) in paragraph (3)--
                            (i) in subparagraph (B)(ii), by striking 
                        ``Not later'' and all that follows through 
                        ``shall prepare'' and inserting ``Not later 
                        than September 30 of each fiscal year, the 
                        Secretary shall prepare''; and
                            (ii) in subparagraph (D)--
                                    (I) by striking ``with respect to'' 
                                and all that follows through ``2020'' 
                                and inserting ``with respect to each 
                                fiscal year)''; and
                                    (II) by striking ``described in 
                                clause (i), (ii), (iii), or (iv) of'' 
                                and inserting ``in priority populations 
                                described in'';
                    (C) in paragraph (4)--
                            (i) by striking subparagraphs (A) and (B) 
                        and inserting the following:
                    ``(A) In general.--The State plan shall certify, 
                not later than October 1, 2024, that payment rates, for 
                the provision of child care services for which 
                assistance is provided in accordance with this 
                subchapter, are sufficient to meet the cost of 
                providing the child care services, including the fixed 
                and operational costs of providing the child care 
                services, and are set and paid in accordance with a 
                cost estimation model described in subparagraph (B).
                    ``(B) Cost estimation model.--The State plan 
                shall--
                            ``(i) demonstrate that the State, after 
                        consulting with eligible child care providers, 
                        the State Advisory Council on Early Childhood 
                        Education and Care designated or established in 
                        section 642B(b)(1)(A)(i) of the Head Start Act 
                        (42 U.S.C. 9837b(b)(1)(A)(i)), local child care 
                        program administrators, local child care 
                        resource and referral agencies, and other 
                        appropriate entities, has developed and uses a 
                        statistically valid and reliable cost 
                        estimation model for the payment rates for 
                        providers of child care services in the State, 
                        that--
                                    ``(I) reflects the costs of service 
                                delivery, including fixed costs, 
                                operating expenses, and staff salaries 
                                and benefits necessary to recruit, 
                                train, and retain qualified staff;
                                    ``(II) reflects variations in the 
                                costs of service delivery by submarket, 
                                type of provider, and children served, 
                                including by--
                                            ``(aa) geographic area 
                                        (such as location in an urban 
                                        or rural area);
                                            ``(bb) ages of children;
                                            ``(cc) whether the children 
                                        have particular needs (such as 
                                        needs of children with 
                                        disabilities and children 
                                        served by child protective 
                                        services);
                                            ``(dd) whether the 
                                        providers provide services 
                                        during weekend and other 
                                        nontraditional hours; and
                                            ``(ee) quality of child 
                                        care provider as determined by 
                                        the State; and
                                    ``(III) is reviewed not less often 
                                than once every 2 years and adjusted as 
                                may be necessary to--
                                            ``(aa) ensure payment rates 
                                        remain sufficient to meet the 
                                        requirements of this 
                                        subchapter; and
                                            ``(bb) provide a cost of 
                                        living increase to maintain the 
                                        level of services provided 
                                        during the year prior to the 
                                        review; and
                            ``(ii) describe how the State will provide 
                        for timely payments, set in accordance with the 
                        model described in clause (i), for child care 
                        services provided under this subchapter.'';
                            (ii) in subparagraph (C)--
                                    (I) by striking clause (ii); and
                                    (II) by striking ``(C)'' and all 
                                that follows through ``Nothing'' and 
                                inserting the following:
                    ``(C) Construction.--Nothing''; and
                            (iii) by adding at the end the following:
                    ``(D) No federal control.--The Secretary may offer 
                guidance to States on cost estimation models described 
                in subparagraph (B), but shall not require a State to 
                adopt a particular cost estimation model or element of 
                a particular cost estimation model.''; and
                    (D) by striking paragraph (5) and inserting the 
                following:
            ``(5) Sliding fee scale.--
                    ``(A) In general.--The State plan shall provide 
                that the State will establish and periodically revise a 
                sliding fee scale to determine a full copayment for a 
                family receiving assistance under this subchapter (or, 
                for a family receiving part-time care, a reduced 
                copayment that is the proportionate amount of the full 
                copayment) that shall be set in accordance with 
                subparagraph (B) and that is not a barrier to families 
                receiving assistance under this subchapter.
                    ``(B) Copayment.--
                            ``(i) Full copayment.--The State shall 
                        ensure that the sliding fee scale results in a 
                        full copayment, toward the cost of the child 
                        care involved for all eligible children in the 
                        family for a family receiving assistance under 
                        the subchapter, that shall be set, for a family 
                        with a family income--
                                    ``(I) of not more than 75 percent 
                                of the State median income for a family 
                                of the same size, to be 0 percent of 
                                that family income;
                                    ``(II) of more than 75 percent but 
                                not more than 100 percent of the State 
                                median income for a family of the same 
                                size, to be more than 0 but not more 
                                than 2 percent of that family income;
                                    ``(III) of more than 100 percent 
                                but not more than 125 percent of the 
                                State median income for a family of the 
                                same size, to be more than 2 but not 
                                more than 4 percent of that family 
                                income; and
                                    ``(IV) of more than 125 percent but 
                                not more than 150 percent of the State 
                                median income for a family of the same 
                                size, to be more than 4 but not more 
                                than 7 percent of that family income.
                            ``(ii) Reduced copayment.--The State shall 
                        ensure that the sliding fee scale results in a 
                        reduced copayment toward the cost specified in 
                        clause (i), for a family receiving part-time 
                        care, that shall be the proportionate amount of 
                        the full copayment under clause (i).''.

SEC. 7. 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--
            (1) in subsection (a)(2)--
                    (A) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) to carry out the activities described in 
                paragraph (1), not less than 9 percent of the funds 
                described in paragraph (1) for each fiscal year; and''; 
                and
                    (B) in subparagraph (B)--
                            (i) by striking ``received not later'' and 
                        all that follows through ``succeeding full 
                        fiscal year'' and inserting ``received for each 
                        fiscal year''; and
                            (ii) by striking ``and subsection (b)(4)'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``(which shall include activities selected by 
                the State to carry out paragraph (1))'' after 
                ``following activities'';
                    (B) by striking paragraphs (1) and (2) and 
                inserting the following:
            ``(1) Supporting the education and professional development 
        of child care staff and supporting child care providers in the 
        recruitment of, professional development for, and retention of 
        a qualified child care workforce, through activities selected 
        by the State such as--
                    ``(A) the development and expansion of initiatives 
                to assist child care staff in the attainment of 
                postsecondary credentials and degrees;
                    ``(B) the provision of financial assistance 
                (including through bonuses, retention grants, and wage 
                supplements)--
                            ``(i) for child care staff to pursue a 
                        postsecondary credential or degree; and
                            ``(ii) for child care providers to recruit, 
                        provide professional development for, and 
                        retain child care staff who have attained such 
                        credentials or degrees;
                    ``(C) the development and implementation of 
                apprenticeship programs that equip apprentices with 
                specialized knowledge, skills, and competencies 
                required to work in child care, which programs may 
                include activities to--
                            ``(i) increase the number of individuals 
                        (including the number of individuals seeking to 
                        work with priority populations of children 
                        described in section 658E(c)(2)(M)) who 
                        complete an apprenticeship program and obtain a 
                        credential or degree;
                            ``(ii) promote the recruitment and 
                        retention of apprentices through strategies 
                        for--
                                    ``(I) supervising and mentoring 
                                apprentices; and
                                    ``(II) providing pathways to career 
                                advancement for apprentices; and
                            ``(iii) support partnerships between 
                        institutions of higher education, eligible 
                        child care providers (or a consortium of 
                        eligible child care providers), and other 
                        entities participating in an apprenticeship 
                        program to provide for--
                                    ``(I) the award of postsecondary 
                                academic credit for related instruction 
                                or on-the-job training provided through 
                                the apprenticeship; and
                                    ``(II) the application of such 
                                credit toward a credential or degree 
                                from an institution in the partnership; 
                                or
                    ``(D) professional development opportunities for 
                child care providers that relate to--
                            ``(i) the use of scientifically based, 
                        developmentally appropriate and age-appropriate 
                        strategies to promote the social, emotional, 
                        physical, and cognitive development of 
                        children, including specialized professional 
                        development for child care providers caring for 
                        those priority populations of children 
                        described in section 658E(c)(2)(M);
                            ``(ii) the use of effective behavior 
                        management strategies, including positive 
                        behavior interventions and support models, that 
                        promote positive social and emotional 
                        development and reduce challenging behaviors, 
                        including reducing expulsions of preschool-aged 
                        children for such behaviors;
                            ``(iii) the nutritional and physical 
                        activity needs of young children to promote 
                        healthy development; and
                            ``(iv) the use of strategies for engaging 
                        parents and families in culturally and 
                        linguistically appropriate ways to expand their 
                        knowledge, skills, and capacity to support 
                        their children's development;'';
                    (C) by redesignating paragraph (3) as paragraph 
                (2);
                    (D) in paragraph (2), as so redesignated--
                            (i) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) support and assess the quality of child care 
                providers in the State, which may include supporting 
                child care providers in the voluntary pursuit of 
                accreditation by a national accrediting body with 
                demonstrated, valid, and reliable program standards of 
                high quality;''; and
                            (ii) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) be designed to improve the quality of 
                different types of child care providers and services, 
                including child care centers and family child care 
                providers, and which shall be appropriate for providers 
                serving different age groups of children and for 
                providers serving children during nontraditional hours 
                of operation;'';
                    (E) by inserting after paragraph (2), as so 
                redesignated, the following:
            ``(3) Establishing or expanding a statewide system of child 
        care resource and referral services to help parents make 
        informed choices about child care services through transparent 
        and easy-to-understand consumer information about high-quality 
        care and education.'';
                    (F) by striking paragraphs (4) through (6);
                    (G) by redesignating paragraph (7) as paragraph 
                (4);
                    (H) by striking paragraphs (8) and (9); and
                    (I) by redesignating paragraph (10) as paragraph 
                (5); and
            (3) in subsection (c), by striking ``Beginning with fiscal 
        year 2016, at'' and inserting ``At''.

SEC. 8. REPORTS AND AUDITS.

    Section 685K(a)(2) of the Child Care and Development Block Grant 
Act of 1990 (42 U.S.C. 9858i(a)(2)) is amended--
            (1) in the matter preceding subparagraph (A)--
                    (A) by striking ``Not later than'' and all that 
                follows through ``a State'' and inserting ``A State''; 
                and
                    (B) by inserting ``annually'' before ``prepare'';
            (2) in subparagraph (A), by striking ``section 658P(6)'' 
        and inserting ``section 658A(8)''; and
            (3) in subparagraph (F), by striking ``section 658P(6)(B)'' 
        and inserting ``section 658A(8)(B)''.

SEC. 9. REPORTS, HOTLINE, AND WEBSITE.

    Section 658L of the Child Care and Development Block Grant Act of 
1990 (42 U.S.C. 9858j) is amended--
            (1) in subsection (a), by striking ``Not later'' and all 
        that follows through ``the Secretary shall'' and inserting 
        ``The Secretary shall biennially''; and
            (2) in subsection (b)(2)(B)(ii), by inserting ``, or a 
        national accrediting body with demonstrated, valid, and 
        reliable program standards for high quality,'' after 
        ``System''.

SEC. 10. TECHNICAL AMENDMENTS.

    Section 658O(a) of the Child Care and Development Block Grant Act 
of 1990 (42 U.S.C. 9858m(a)) is amended--
            (1) in paragraphs (1), (3), and (4) by striking ``this 
        subchapter'' and inserting ``section 658B''; and
            (2) in paragraph (5) by striking ``this subchapter'' the 
        first place it appears and inserting ``section 658B''.

SEC. 11. CHILD CARE SUPPLY AND FACILITIES GRANTS.

    The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 
9857 et seq.) is amended by adding at the end the following:

              ``PART II--CHILD CARE SUPPLY AND FACILITIES

``SEC. 658T. CHILD CARE SUPPLY AND FACILITIES GRANTS.

    ``(a) Purposes.--The purposes of this section are to provide grants 
to States, territories described in section 658O(a)(1) (referred to 
individually in this part as a `territory'), Indian Tribes, and Tribal 
organizations to--
            ``(1) expand the supply and capacity of child care 
        providers so that working parents have multiple high-quality 
        child care options to choose from in making their own decisions 
        regarding the child care and early education services that best 
        suit their family's needs; and
            ``(2) ensure child care facilities are designed and 
        equipped to keep children healthy and safe and to enhance 
        children's physical, cognitive, and behavioral development.
    ``(b) Qualified Child Care Provider.--In this section, the term 
`qualified child care provider' means-
            ``(1) an eligible child care provider as defined in section 
        658A(8)(A) that is providing, or seeking to provide, child care 
        services to children eligible for services under this 
        subchapter; or
            ``(2) a child care provider that has applied under this 
        subchapter to become an eligible child care provider as defined 
        in section 658A(8)(A) and that commits to provide child care 
        services to children eligible for services under this 
        subchapter.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2023 through 2025.
    ``(d) Grants Authorized; Allotments.--
            ``(1) In general.--From funds made available under 
        subsection (c), the Secretary shall make grants to States, 
        territories, Indian Tribes, and Tribal organizations to carry 
        out the activities described in subsection (f).
            ``(2) Reservation.--The Secretary shall reserve not more 
        than 1 percent of the amount appropriated under subsection (c) 
        for a fiscal year to carry out this section to pay for the 
        costs of the Federal administration of this section.
            ``(3) Allotments.--From the amount appropriated to carry 
        out this section for a fiscal year that remains after the 
        Secretary makes the reservation under paragraph (2), the 
        Secretary shall award to each lead agency with an approved plan 
        under subsection (e), a child care supply and facilities grant 
        in accordance with paragraphs (1) and (2) of subsection (a), 
        and subsection (b), of section 658O, for the grants authorized 
        under paragraph (1). A grant made under this paragraph in 
        accordance with paragraph (1) or (2) of that subsection shall 
        be for the purpose of carrying out the program described in 
        this section, consistent, to the extent practicable as 
        determined by the Secretary, with the requirements applicable 
        to States.
    ``(e) State Plan.--
            ``(1) In general.--In order to receive a grant under this 
        section, a State shall submit a plan to the Secretary, at such 
        time and in such manner as the Secretary may reasonably 
        require.
            ``(2) Contents.--Each plan submitted by a State under this 
        section shall include each of the following:
                    ``(A) A description of how the State will use funds 
                received under this section for State-level activities 
                under subsection (f)(1).
                    ``(B) A description of how the State will ensure 
                that qualified child care providers in urban, suburban, 
                and rural areas can readily apply for and access 
                funding under this section, which shall include 
                providing technical assistance either directly or 
                through a third party which may include a resource and 
                referral agency or a staffed family child care provider 
                network.
                    ``(C) A description of how the State will determine 
                the prioritization of subgrants to qualified child care 
                providers in accordance with subsection (f)(5).
                    ``(D) An assurance that the State will make 
                available to the public, which shall include, at a 
                minimum, posting to an internet website of the lead 
                agency--
                            ``(i) a notice of funding availability 
                        through subgrants for qualified child care 
                        providers under this section; and
                            ``(ii) the criteria for awarding subgrants 
                        for qualified child care providers, including 
                        the methodology the lead agency will use to 
                        determine the amounts of such subgrants for 
                        qualified child care providers.
    ``(f) State Use of Funds.--
            ``(1) Reservation.--A lead agency that receives a grant 
        under subsection (d) shall reserve not more than 10 percent of 
        the grant funds for State-level activities, consisting of 
        administering subgrants and providing technical assistance and 
        support, for activities supported under this section.
            ``(2) Subgrants.--The lead agency shall use the remainder 
        of the grant funds awarded pursuant to subsection (d) to make 
        subgrants as described in paragraphs (3) and (4).
            ``(3) Startup and supply expansion subgrants.--
                    ``(A) In general.--The lead agency shall make 
                startup and supply expansion subgrants to qualified 
                child care providers that are providing, or seeking to 
                provide, child care services under this subchapter to 
                eligible children, to--
                            ``(i) support the providers in paying for 
                        startup and expansion costs;
                            ``(ii) assist such providers in meeting--
                                    ``(I) the health and safety 
                                requirements (including the 
                                requirements referred to in section 
                                658E(c)(2)(I)) of the State, territory, 
                                Indian Tribe, or local government 
                                involved, as the case may be;
                                    ``(II) licensing and other 
                                regulatory standards of the State, 
                                territory, Indian Tribe, or local 
                                government involved, as the case may 
                                be, for child care providers; and
                                    ``(III) as applicable, the 
                                requirements of a State's tiered 
                                quality rating system for child care 
                                providers; and
                            ``(iii) establishing or expanding the 
                        operation of community- or neighborhood-based 
                        family child care networks.
                    ``(B) Requirement.--As a condition of receiving a 
                startup or supply expansion subgrant under this 
                paragraph, a qualified child care provider shall commit 
                to meeting the requirements for an eligible child care 
                provider under this subchapter and to providing child 
                care services under this subchapter to eligible 
                children, on an ongoing basis.
            ``(4) Facilities subgrants.--
                    ``(A) In general.--The lead agency shall make 
                facilities subgrants to qualified child care providers 
                that are providing, or seeking to provide, child care 
                services under this subchapter to eligible children, 
                for, notwithstanding section 658F(b)--
                            ``(i) remodeling, renovation, or repair of 
                        a building or facility used for providing 
                        direct child care services; and
                            ``(ii) construction, permanent improvement, 
                        or major renovation of a building or facility 
                        used for providing direct child care services.
                    ``(B) Requirement.--As a condition of receiving a 
                facilities subgrant under this paragraph, a child care 
                provider shall commit to meeting the requirements for 
                an eligible child care provider under this subchapter 
                and to providing child care services under this 
                subchapter to eligible children on an ongoing basis.
                    ``(C) Federal interest.--
                            ``(i) Family child care homes.--Federal law 
                        regarding a Federal interest in real property 
                        shall not apply to the renovation, remodeling, 
                        repair, or permanent improvement of privately 
                        owned family child care homes with funds 
                        provided under this paragraph, and the 
                        Secretary shall develop parameters for the use 
                        of such funds for family child care homes.
                            ``(ii) Retention.--If the Secretary retains 
                        a Federal interest in any facility constructed, 
                        renovated, remodeled, repaired, or permanently 
                        improved with funds provided under this 
                        paragraph, the Secretary shall not retain the 
                        Federal interest for more than 10 years.
            ``(5) Priority.--In awarding subgrants under paragraphs (3) 
        and (4), the lead agency shall give priority to qualified child 
        care providers providing or seeking to provide child care 
        services to priority populations of children described in 
        section 658E(c)(2)(M).
    ``(g) Supplement Not Supplant.--Amounts made available to carry out 
this section shall be used to supplement and not supplant other 
Federal, State, and local public funds expended to increase the supply 
of child care and to improve child care facilities.
    ``(h) Documentation and Reporting Requirements.--
            ``(1) Documentation.--A State receiving a grant under 
        subsection (d) shall provide documentation of any State 
        expenditures from grant funds received under subsection (d) in 
        accordance with section 658K(b), to the independent entity 
        described in that section.
            ``(2) Reports.--
                    ``(A) Lead agency report.--A lead agency receiving 
                a grant under subsection (d) shall, not later than 12 
                months after receiving such grant, submit a report to 
                the Secretary that includes, for the State involved, a 
                description of each lead agency program of subgrants 
                carried out to meet the objectives of this section, 
                including--
                            ``(i) the number of eligible child care 
                        providers in operation at the start of the 
                        grant period, and the number of such providers 
                        11 months later, disaggregated by age of 
                        children served, geographic region, and child 
                        care setting (including whether the provider 
                        was in a center-based or family child care 
                        setting);
                            ``(ii) the number of child care slots, in 
                        the capacity of eligible child care providers 
                        given applicable group size limits and staff-
                        to-child ratios, that were open for attendance 
                        of children at the start of the grant period 
                        and the number of such slots 11 months later, 
                        disaggregated by age of children served, 
                        geographic region, and child care setting 
                        (including whether the slot was in a center-
                        based or family child care setting), and each 
                        priority population of children described in 
                        section 658E(c)(2)(M);
                            ``(iii)(I) the number and percentage of 
                        qualified child care providers that received a 
                        subgrant under subsection (f)(3), disaggregated 
                        by age of children served, geographic region, 
                        and child care setting (including whether the 
                        provider was in a center-based or family child 
                        care setting), and the average and range of the 
                        amounts of the subgrants awarded; and
                            ``(II) the number and percentage of 
                        qualified child care providers that received a 
                        subgrant under subsection (f)(4), disaggregated 
                        by age of children served, geographic region, 
                        and child care setting (including whether the 
                        provider was in a center-based or family child 
                        care setting), and the average and range of the 
                        amounts of the subgrants awarded; and
                            ``(iv) information concerning how qualified 
                        child care providers receiving subgrants under 
                        subsection (f)(3) or (f)(4) used the subgrant 
                        funding received.
                    ``(B) Report to congress.--The Secretary shall 
                transmit annually to the Committee on Education and 
                Labor of the House of Representatives and the Committee 
                on Health, Education, Labor, and Pensions of the Senate 
                a report that provides national and State-level data 
                for the information collected under subparagraph (A).
    ``(i) Construction.--No reference in part 1 to `this subchapter' 
shall be considered to refer to a provision of this part.''.

SEC. 12. DEPARTMENT OF AGRICULTURE LOAN RESTRICTIONS.

     The Secretary of Agriculture shall revise section 3555.102(c) of 
title 7, Code of Federal Regulations, to exclude a business that is 
licensed, regulated, or registered as a child care provider under State 
law.
                                 <all>