< Back to H.R. 4750 (106th Congress, 1999–2000)

Text of the Children’s Day Care Health and Safety Improvement Act

This bill was introduced on June 26, 2000, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jun 26, 2000 (Introduced).

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HR 4750 IH

106th CONGRESS

2d Session

H. R. 4750

To establish programs to improve the health and safety of children receiving child care outside the home, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

June 26, 2000

Mr. BRYANT introduced the following bill; which was referred to the Committee on Education and the Workforce


A BILL

To establish programs to improve the health and safety of children receiving child care outside the home, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Children’s Day Care Health and Safety Improvement Act’.

SEC. 2. FINDINGS.

    Congress finds that--

      (1) of the 21,000,000 children under age 6 in the United States, almost 13,000,000 spend some part of their day in child care;

      (2) a review of State child care regulations in 47 States found that more than half of the States had inadequate standards or no standards for 2/3 of the safety topics reviewed;

      (3) a research study conducted by the Consumer Product Safety Commission in 1998 found that 2/3 of the 200 licensed child care settings investigated in the study exhibited at least 1 of 8 safety hazards investigated, including insufficient child safety gates, cribs with soft bedding, and unsafe playground surfacing;

      (4) compliance with recently published voluntary national safety standards developed by public health and pediatric experts was found to vary considerably by State, and the States ranged from a 20 percent to a 99 percent compliance rate;

      (5) in 1997, approximately 31,000 children ages 4 and younger were treated in hospital emergency rooms for injuries in child care or school settings;

      (6) the Consumer Product Safety Commission reports that at least 56 children have died in child care settings since 1990;

      (7) the American Academy of Pediatrics identifies safe facilities, equipment, and transportation as elements of quality child care; and

      (8) a research study of 133 child care centers revealed that 85 percent of the child care center directors believe that health consultation is important or very important for child care centers.

SEC. 3. DEFINITIONS.

    In this Act:

      (1) CHILD WITH A DISABILITY; INFANT OR TODDLER WITH A DISABILITY- The terms ‘child with a disability’ and ‘infant or toddler with a disability’ have the meanings given the terms in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401).

      (2) ELIGIBLE CHILD CARE PROVIDER- The term ‘eligible child care provider’ means a provider of child care services for compensation, including a provider of care for a school-age child during non-school hours, that--

        (A) is licensed, regulated, registered, or otherwise legally operating, under State and local law; and

        (B) satisfies the State and local requirements,

      applicable to the child care services the provider provides.

      (3) FAMILY CHILD CARE PROVIDER- The term ‘family child care provider’ means 1 individual who provides child care services for fewer than 24 hours per day, as the sole caregiver, and in a private residence.

      (4) SECRETARY- The term ‘Secretary’ means the Secretary of Health and Human Services.

      (5) STATE- The term ‘State’ means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act $200,000,000 for fiscal year 2001 and such sums as may be necessary for each subsequent fiscal year.

SEC. 5. PROGRAMS.

    The Secretary shall make allotments to eligible States under section 6. The Secretary shall make the allotments to enable the States to establish programs to improve the health and safety of children receiving child care outside the home, by preventing illnesses and injuries associated with that care and promoting the health and well-being of children receiving that care.

SEC. 6. AMOUNTS RESERVED; ALLOTMENTS.

    (a) AMOUNTS RESERVED- The Secretary shall reserve not more than 1/2 of 1 percent of the amount appropriated under section 4 for each fiscal year to make allotments to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands to be allotted in accordance with their respective needs.

    (b) State Allotments-

      (1) GENERAL RULE- From the amounts appropriated under section 4 for each fiscal year and remaining after reservations are made under subsection (a), 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.

      (2) YOUNG CHILD FACTOR- In this subsection, the term ‘young child factor’ means the ratio of the number of children under 5 years of age in a State to the number of such children in all States, as provided by the most recent annual estimates of population in the States by the Census Bureau of the Department of Commerce.

      (3) SCHOOL LUNCH FACTOR- In this subsection, the term ‘school lunch factor’ means the ratio of the number of children who are receiving free or reduced price lunches under the school lunch program established under the National School Lunch Act (42 U.S.C. 1751 et seq.) in the State to the number of such children in all States, as determined annually by the Department of Agriculture.

      (4) Allotment percentage-

        (A) IN GENERAL- For purposes of this subsection, the allotment percentage for a State shall be determined by dividing the per capita income of all individuals in the United States, by the per capita income of all individuals in the State.

        (B) LIMITATIONS- If an allotment percentage determined under subparagraph (A) for a State--

          (i) is more than 1.2 percent, the allotment percentage of the State shall be considered to be 1.2 percent; and

          (ii) is less than 0.8 percent, the allotment percentage of the State shall be considered to be 0.8 percent.

        (C) PER CAPITA INCOME- For purposes of subparagraph (A), per capita income shall be--

          (i) determined at 2-year intervals;

          (ii) applied for the 2-year period beginning on October 1 of the first fiscal year beginning after the date such determination is made; and

          (iii) equal to the average of the annual per capita incomes for the most recent period of 3 consecutive years for which satisfactory data are available from the Department of Commerce on the date such determination is made.

    (c) DATA AND INFORMATION- The Secretary shall obtain from each appropriate Federal agency, the most recent data and information necessary to determine the allotments provided for in subsection (b).

    (d) DEFINITION- In this section, the term ‘State’ includes only the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

SEC. 7. STATE APPLICATIONS.

    To be eligible to receive an allotment under section 6, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The application shall contain information assessing the needs of the State with regard to child care health and safety, the goals to be achieved through the program carried out by the State under this Act, and the measures to be used to assess the progress made by the State toward achieving the goals.

SEC. 8. USE OF FUNDS.

    (a) IN GENERAL- A State that receives an allotment under section 6 shall use the funds made available through the allotment to carry out 2 or more activities consisting of--

      (1) providing training and education to eligible child care providers on preventing injuries and illnesses in children, and promoting health-related practices;

      (2) strengthening licensing, regulation, or registration standards for eligible child care providers;

      (3) assisting eligible child care providers in meeting licensing, regulation, or registration standards, including rehabilitating the facilities of the providers, in order to bring the facilities into compliance with the standards;

      (4) enforcing licensing, regulation, or registration standards for eligible child care providers, including holding increased unannounced inspections of the facilities of those providers;

      (5) providing health consultants to provide advice to eligible child care providers;

      (6) assisting eligible child care providers in enhancing the ability of the providers to serve children with disabilities and infants and toddlers with disabilities;

      (7) conducting criminal background checks for eligible child care providers and other individuals who have contact with children in the facilities of the providers;

      (8) providing information to parents on what factors to consider in choosing a safe and healthy child care setting; or

      (9) assisting in improving the safety of transportation practices for children enrolled in child care programs with eligible child care providers.

    (b) SUPPLEMENT, NOT SUPPLANT- Funds appropriated pursuant to the authority of this Act shall be used to supplement and not supplant other Federal, State, and local public funds expended to provide services for eligible individuals.

SEC. 9. REPORTS.

    Each State that receives an allotment under section 6 shall annually prepare and submit to the Secretary a report that describes--

      (1) the activities carried out with funds made available through the allotment; and

      (2) the progress made by the State toward achieving the goals described in the application submitted by the State under section 7.