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Child Care Entitlement to States: An Overview


Overview
The Child Care Entitlement to States (CCES) was created
by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA, P.L. 104-193).
PRWORA authorized   the CCES in Section 418 of the
Social Security Act. Section 418 appropriates mandatory
child care funding for states, territories, and tribes. The law
calls for states to integrate CCES funds with discretionary
allotments from the Child Care and Development Block
Grant (CCDBG)  and generally requires CCES funds to be
spent under CCDBG  Act rules. In combination, the CCES
and CCDBG   are commonly called the Child Care and
Development  Fund (CCDF). The CCDF  is administered by
the U.S. Department of Health and Human Services (HHS).

Legislative Evolution
The current structure of child care funding streams is linked
to programs that existed prior to 1996, when PRWORA
simultaneously repealed, created, and consolidated federal
child care programs (Figure 1). Before this, four separate
federal programs supported child care for low-income
families. Each program had its own eligibility criteria and
program rules. Three programs were linked to a need-based
cash assistance program, Aid to Families with Dependent
Children (AFDC), while one (CCDBG)  targeted low-
income working families not connected to AFDC.
Jurisdiction was split across multiple committees.
The 1996 law repealed the three AFDC-related child care
funding streams, created a new mandatory funding stream
(CCES), and amended  the CCDBG  Act. To streamline and
simplify administration, the law generally applied CCDBG
Act rules to CCES funds. The Senate Finance Committee
and House Ways  and Means (W&M)   Committee typically
exercise CCES jurisdiction. The Senate Health, Education,
Labor, and Pensions (HELP) Committee and House
Education and the Workforce (E&W) Committee  typically
exercise CCDBG  jurisdiction.

Authorization and Appropriations
The 1996 law authorized and appropriated CCES funding
for each of FY1997-FY2002. Temporary extensions
provided funding into FY2006, when the Deficit Reduction
Act of 2005 (P.L. 109-171) reauthorized the CCES and
appropriated $2.917 billion annually through FY2010. A
series of extensions maintained funding at the same level
over the next decade. In 2021, the American Rescue Plan
Act (ARPA,  P.L. 117-2) amended Section 418 to provide
permanent annual appropriations of $3.550 billion for
FY2021  and beyond. ARPA  also made other changes to the
CCES  (e.g., made territories eligible for the first time).
The CCDBG   Act-which   establishes most of the program
rules by which CCES funds are administered at the state
level-was  reauthorized through FY2020 by P.L. 113-186.


Updated February 12, 2024


While this authorization has expired, annual appropriations
acts have continued to provide funding for the CCDBG.

Figure I. CCDF  Legislative Evolution


BEFORE P.L. 104-193
  4 Programs


AFTER PL. 104-193
  1 Program


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Source: Prepared by the Congressional Research Service (CRS).

Allocation of Funds
As amended  by ARPA, Section 418 specifies that, from the
total amounts appropriated to the CCES, $75 million is to
go to the territories (American Samoa, Guam, Northern
Mariana Islands, Puerto Rico, and U.S. Virgin Islands) and
$100 million is to go to Indian tribes and tribal
organizations. In addition, since FY2016, annual CCDBG
appropriations effectively apply two CCDBG set-asides to
CCES  appropriations: up to 0.5% for technical assistance
and 0.5% for research.
Remaining CCES  funds are allocated to the 50 states and
the District of Columbia in two parts.
  First, each state receives a fixed amount each year, equal
   to the federal funds the state received for AFDC-related
   child care programs in the mid-1990s. This amount
   totals $1.2 billion annually and is sometimes called
   guaranteed mandatory funding, as there are no state
   maintenance-of-effort (MOE) or matching requirements.
  Second, remaining CCES funds are allotted to states
   based on their share of children under age 13. To receive
   these funds, each state must meet a MOE requirement
   set at 100% of the amount the state spent on AFDC-
   related child care programs in the mid-1990s. This totals
   $888 million annually. States must also match these
   funds with state dollars at the Medicaid matching rate
   (the Federal Medical Assistance Percentage, or FMAP).


SSA = Social Security Act;
SMI = State Median Income.

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