HR 4540 — Improving Access to Child Care Act

(a) Grants (1) Family assistance grant (A) In general Each eligible State shall be entitled to receive from the Secretary, for each of fiscal years 2017 and 2018, a grant in an amount equal to the State family assistance grant. (B) State family assistance grant The State family assistance grant payable to a State for a fiscal year shall be the amount that bears the same ratio to the amount specified in subparagraph (C) of this paragraph (as in effect just before February 22, 2012), reduced by the percentage specified in section 613(h)(1) of this title with respect to the fiscal year, as the amount required to be paid to the State under this paragraph (as so in effect) for fiscal year 2002 (determined without regard to any reduction pursuant to section 609 or 612(a)(1) of this title) bears to the total amount required to be paid under this paragraph for fiscal year 2002 (as so determined). (C) Appropriation Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for each of fiscal years 2017 and 2018 $16,566,542,000 for grants under this paragraph. (2) Healthy marriage promotion and responsible fatherhood grants (A) In general (i) Use of funds Subject to subparagraphs (B), (C), and (E), the Secretary may use the funds made available under subparagraph (D) for the purpose of conducting and supporting research and demonstration projects by public or private entities, and providing technical assistance to States, Indian tribes and tribal organizations, and such other entities as the Secretary may specify that are receiving a grant under another provision of this part. (ii) Limitations The Secretary may not award funds made available under this paragraph on a noncompetitive basis, and may not provide any such funds to an entity for the purpose of carrying out healthy marriage promotion activities or for the purpose of carrying out activities promoting responsible fatherhood unless the entity has submitted to the Secretary an application (or, in the case of an entity seeking funding to carry out healthy marriage promotion activities and activities promoting responsible fatherhood, a combined application that contains assurances that the entity will carry out such activities under separate programs and shall not combine any funds awarded to carry out either such activities) which— (I) describes— (aa) how the programs or activities proposed in the application will address, as appropriate, issues of domestic violence; and (bb) what the applicant will do, to the extent relevant, to ensure that participation in the programs or activities is voluntary, and to inform potential participants that their participation is voluntary; and (II) contains a commitment by the entity— (aa) to not use the funds for any other purpose; and (bb) to consult with experts in domestic violence or relevant community domestic violence coalitions in developing the programs and activities. (iii) Healthy marriage promotion activities In clause (ii), the term “healthy marriage promotion activities” means the following: (I) Public advertising campaigns on the value of marriage and the skills needed to increase marital stability and health. (II) Education in high schools on the value of marriage, relationship skills, and budgeting. (III) Marriage education, marriage skills, and relationship skills programs, that may include parenting skills, financial management, conflict resolution, and job and career advancement. (IV) Pre-marital education and marriage skills training for engaged couples and for couples or individuals interested in marriage. (V) Marriage enhancement and marriage skills training programs for married couples. (VI) Divorce reduction programs that teach relationship skills. (VII) Marriage mentoring programs which use married couples as role models and mentors in at-risk communities. (VIII) Programs to reduce the disincentives to marriage in means-tested aid programs, if offered in conjunction with any...

(a) In general Subject to this section: (1) Use of grant in violation of this part (A) General penalty If an audit conducted under chapter 75 of title 31 finds that an amount paid to a State under section 603 of this title for a fiscal year has been used in violation of this part, the Secretary shall reduce the grant payable to the State under section 603(a)(1) of this title for the immediately succeeding fiscal year quarter by the amount so used. (B) Enhanced penalty for intentional violations If the State does not prove to the satisfaction of the Secretary that the State did not intend to use the amount in violation of this part, the Secretary shall further reduce the grant payable to the State under section 603(a)(1) of this title for the immediately succeeding fiscal year quarter by an amount equal to 5 percent of the State family assistance grant. (C) Penalty for misuse of competitive welfare-to-work funds If the Secretary of Labor finds that an amount paid to an entity under section 603(a)(5)(B) of this title has been used in violation of subparagraph (B) or (C) of section 603(a)(5) of this title, the entity shall remit to the Secretary of Labor an amount equal to the amount so used. (2) Failure to submit required report (A) Quarterly reports (i) In general If the Secretary determines that a State has not, within 45 days after the end of a fiscal quarter, submitted the report required by section 611(a) of this title for the quarter, the Secretary shall reduce the grant payable to the State under section 603(a)(1) of this title for the immediately succeeding fiscal year by an amount equal to 4 percent of the State family assistance grant. (ii) Rescission of penalty The Secretary shall rescind a penalty imposed on a State under clause (i) with respect to a report if the State submits the report before the end of the fiscal quarter that immediately succeeds the fiscal quarter for which the report was required. (B) Report on engagement in additional work activities and expenditures for other benefits and services (i) In general If the Secretary determines that a State has not submitted the report required by section 611(c)(1)(A)(i) of this title by May 31, 2011, or the report required by section 611(c)(1)(A)(ii) of this title by August 31, 2011, the Secretary shall reduce the grant payable to the State under section 603(a)(1) of this title for the immediately succeeding fiscal year by an amount equal to not more than 4 percent of the State family assistance grant. (ii) Rescission of penalty The Secretary shall rescind a penalty imposed on a State under clause (i) with respect to a report required by section 611(c)(1)(A) of this title if the State submits the report not later than— (I) in the case of the report required under section 611(c)(1)(A)(i) of this title, June 15, 2011; and (II) in the case of the report required under section 611(c)(1)(A)(ii) of this title, September 15, 2011. (iii) Penalty based on severity of failure The Secretary shall impose a reduction under clause (i) with respect to a fiscal year based on the degree of noncompliance. (3) Failure to satisfy minimum participation rates (A) In general If the Secretary determines that a State to which a grant is made under section 603 of this title for a fiscal year has failed to comply with section 607(a) of this title for the fiscal year, the Secretary shall reduce the grant payable to the State under section 603(a)(1) of this title for the immediately succeeding fiscal year by an amount equal to the applicable percentage of the State family assistance grant. (B) “Applicable percentage” defined As used in subparagraph (A), the term “applicable percentage” means, with respect to a State— (i) if a penalty was not imposed on the State under subparagraph (A) for the immediately preceding fiscal year, 5 percent; or (ii) if a penalty was imposed on the State under subparagraph (A) for the immediately preceding fiscal year, the lesser of— (I) the percentage by whic...

(a) General child care entitlement (1) General entitlement Subject to the amount appropriated under paragraph (3), each State shall, for the purpose of providing child care assistance, be entitled to payments under a grant under this subsection for a fiscal year in an amount equal to the greater of— (A) the total amount required to be paid to the State under section 603 of this title for fiscal year 1994 or 1995 (whichever is greater) with respect to expenditures for child care under subsections (g) and (i) of section 602 of this title (as in effect before October 1, 1995); or (B) the average of the total amounts required to be paid to the State for fiscal years 1992 through 1994 under the subsections referred to in subparagraph (A). (2) Remainder (A) Grants The Secretary shall use any amounts appropriated for a fiscal year under paragraph (3)(A), after grants are awarded under paragraph (1), to make grants to States under this paragraph. (B) Allotments to States The total amount available for payments to States under this paragraph, as determined under subparagraph (A), shall be allotted among the States based on the formula used for determining the amount of Federal payments to each State under section 603(n) of this title (as in effect before October 1, 1995). (C) Federal matching of State expenditures exceeding historical expenditures The Secretary shall pay to each eligible State for a fiscal year an amount equal to the lesser of the State’s allotment under subparagraph (B) or the Federal medical assistance percentage for the State for the fiscal year (as defined in section 1396d(b) of this title, as such section was in effect on September 30, 1995) of so much of the State’s expenditures for child care in that fiscal year as exceed the total amount of expenditures by the State (including expenditures from amounts made available from Federal funds) in fiscal year 1994 or 1995 (whichever is greater) for the programs described in paragraph (1)(A). (D) Redistribution (i) In general With respect to any fiscal year, if the Secretary determines (in accordance with clause (ii)) that any amounts allotted to a State under this paragraph for such fiscal year will not be used by such State during such fiscal year for carrying out the purpose for which such amounts are allotted, the Secretary shall make such amounts available in the subsequent fiscal year for carrying out such purpose to one or more States which apply for such funds to the extent the Secretary determines that such States will be able to use such additional amounts for carrying out such purpose. Such available amounts shall be redistributed to a State pursuant to section 603(n) of this title (as such section was in effect before October 1, 1995) by substituting “the number of children residing in all States applying for such funds” for “the number of children residing in the United States in the second preceding fiscal year”. (ii) Time of determination and distribution The determination of the Secretary under clause (i) for a fiscal year shall be made not later than the end of the first quarter of the subsequent fiscal year. The redistribution of amounts under clause (i) shall be made as close as practicable to the date on which such determination is made. Any amount made available to a State from an appropriation for a fiscal year in accordance with this subparagraph shall, for purposes of this part, be regarded as part of such State’s payment (as determined under this subsection) for the fiscal year in which the redistribution is made. (3) Appropriation For grants under this section, there are appropriated $3,550,000,000 for each fiscal year, of which— (A) $3,375,000,000 shall be available for grants to States; (B) $100,000,000 shall be available for grants to Indian tribes and tribal organizations; and (C) $75,000,000 shall be available for grants to territories. (4) Territories (A) Grants The Secretary shall use the amounts made available by paragraph (3)(C) to ...