Request for Information: Meeting the Child Care Needs in Tribal Nations, 48409-48414 [2023-15930]

Download as PDF ddrumheller on DSK120RN23PROD with PROPOSALS1 Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / Proposed Rules under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it proposes to approve a state program; • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); and • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA. Executive Order 12898 (Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, Feb. 16, 1994) directs Federal agencies to identify and address ‘‘disproportionately high and adverse human health or environmental effects’’ of their actions on minority populations and low-income populations to the greatest extent practicable and permitted by law. The EPA defines environmental justice (EJ) as ‘‘the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.’’ The EPA further defines the term fair treatment to mean that ‘‘no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies.’’ The air agency did not evaluate environmental justice considerations as part of its SIP submittal; the CAA and applicable implementing regulations neither prohibit nor require such an evaluation. The EPA did not perform an EJ analysis and did not consider EJ in this action. Due to the nature of the proposed action being taken here, this action is expected to have a neutral to positive impact on the air quality of the affected area. Consideration of EJ is not required as part of this proposed action, and there is no information in the record inconsistent with the stated goal of E.O. 12898 of achieving environmental justice for people of VerDate Sep<11>2014 16:29 Jul 26, 2023 Jkt 259001 color, low-income populations, and Indigenous peoples. In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental Relations, Nitrogen oxides, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: July 17, 2023. Martha Guzman Aceves, Regional Administrator, Region IX. [FR Doc. 2023–15498 Filed 7–26–23; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families 45 CFR Part 98 Request for Information: Meeting the Child Care Needs in Tribal Nations Office of Child Care (OCC), Administration for Children and Families (ACF), Department of Health and Human Services (HHS). ACTION: Request for information. AGENCY: The Office of Child Care invites public comment on the rules and regulations of the Tribally administered Child Care and Development Fund (CCDF) program as part of the Administration for Children and Families’ (ACF) commitment to creating partnerships with Tribal Nations to identify and implement solutions that transcend traditional program boundaries. As part of that commitment, OCC seeks input on the requirements, regulations, and processes for Tribal Nations that administer CCDF. This Request for Information (RFI) specifically seeks public comment on the following topics of the Tribal child care program—CCDF Funding Policies for Tribes, CCDF Administration, Improving Families’ Access to Child SUMMARY: PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 48409 Care, and Increasing Child Care Supply in Tribal Communities—but input on any aspect of the Tribally administered CCDF program is welcome. OCC will host a Tribal consultation during the RFI public comment period. DATES: To be considered, public comments must be received electronically no later than January 2, 2024. ADDRESSES: Public comments should be submitted online at https:// www.regulations.gov or by email to OCCTribal@acf.hhs.gov. All submissions received must include the docket number ACF–2023–0004 for ‘‘Request for Information: Meeting the Child Care Needs in Tribal Nations.’’ All comments received are a part of the public record and will be posted for public viewing on https:// www.regulations.gov, without change. That means all personal identifying information (such as name or address) will be publicly accessible. Please do not submit confidential information, or otherwise sensitive or protected information. We accept anonymous comments. If you wish to remain anonymous, enter ‘‘N/A’’ in the required fields. FOR FURTHER INFORMATION CONTACT: Megan Campbell, Office of Child Care, 202–690–6499. Telecommunications Relay users may dial 711 first. Email inquiries to megan.campbell@ acf.hhs.gov. SUPPLEMENTARY INFORMATION: Background There are approximately half a million Native children under the age of 13 in the United States, and nearly half are below the age of five.1 In fiscal year (FY) 2023, 265 Tribal Lead Agencies received CCDF grants totaling $557 million toward Tribal child care. The Child Care and Development Block Grant (CCDBG) Act of 2014 (the Act), 42 U.S.C. 9857 et seq., and the CCDF regulations (45 CFR part 98), which together govern CCDF, aim to promote families’ financial stability and foster healthy child development by helping families afford child care and improving the quality of child care for all children. The Act does not explicitly apply most of its provisions to the Tribal program, so with some exceptions and within certain parameters, the Secretary of Health and Human Services (the Secretary) has the authority to 1 Smith, L. and Rosen, S. (2022). Righting a wrong: Advancing equity in child care funding for American Indian & Alaska Native families. Washington, DC: Bipartisan Policy Center. https:// bipartisanpolicy.org/download/?file=/wp-content/ uploads/2022/04/BPC-Tribal-Report_RV5.pdf. E:\FR\FM\27JYP1.SGM 27JYP1 48410 Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS1 determine many of the CCDF requirements for Tribal Lead Agencies. With this RFI, OCC is seeking public comment on whether existing CCDF requirements, regulations, and processes are appropriate for Tribal Nations to implement CCDF in a manner that best meets the needs of the children, families, and child care providers in their communities and that properly recognizes the principals of strong government-to-government relationships and Tribal sovereignty. We seek feedback on whether changes to rules and/or processes are needed to improve implementation of Tribal CCDF programs. We recognize that any changes made to Tribal regulations or other requirements must be made with input and consultation from Tribal Nations and organizations that receive CCDF funding. This RFI is being issued with ACF’s Principles for Working with Federally Recognized Tribes 2 in mind, including the promotion and sustainability of strong government-togovernment relationships, Indian selfdetermination, Tribal sovereignty, and transparency in ACF’s actions as public servants. This RFI is also aligned with President Biden’s 2021 Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Native Americans; 3 his Memorandums on Tribal Consultation and Strengthening Nation-to-Nation Relationships 4 and Uniform Standards for Tribal Consultationxe; 5 and Executive oerders on Increasing Access to High-Quality Care and Supporting Caregivers,6 and Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,7 and Further Advancing Racial Equity and Support for 2 Administration for Children and Families (ACF) Principles for Working with Federally Recognized Tribes https://www.acf.hhs.gov/sites/default/files/ documents/revised_acf_princips_ 032317.pdf?nocache=1490367914num;:∼:text= ACF%20establishes%20these%20principles %20in,professionalism%2C%20integrity%2C%20 and%20stewardship. 3 Executive Order 14049. October 11, 2021. https://www.govinfo.gov/content/pkg/DCPD202100841/pdf/DCPD-202100841.pdf. 4 Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships. January 26, 2021. https://www.govinfo.gov/content/ pkg/DCPD-202100091/pdf/DCPD-202100091.pdf. 5 Memorandum on Uniform Standards for Tribal Consultation. November 3, 2022. https:// www.whitehouse.gov/briefing-room/presidentialactions/2022/11/30/memorandum-on-uniformstandards-for-tribal-consultation/. 6 Executive Order 14095. April 18, 2023. https:// www.govinfo.gov/content/pkg/DCPD-202300309/ pdf/DCPD-202300309.pdf. 7 Executive Order 13985. January 20, 2021. https://www.govinfo.gov/content/pkg/DCPD202100054/pdf/DCPD-202100054.pdf. VerDate Sep<11>2014 16:29 Jul 26, 2023 Jkt 259001 Underserved Communities through the Federal Government.8 In the Executive order on Increasing Access to HighQuality Care and Supporting Caregivers, President Biden specifically calls for, ‘‘removing barriers and providing the funding needed for Tribal Nations to effectively provide high-quality child care and long-term care’’ 5 and calls on the Secretary to, ‘‘review existing policies to identify opportunities— including among Tribal communities— to increase the capacity of community care entities by providing operational support to these networks of providers.’’ 9 What We Are Looking for in Public Comments Through this RFI, the OCC is seeking input from Tribal leaders, Tribal program administrators, and others who are impacted directly by the Tribal CCDF requirements. We also welcome input from service providers, current federal and non-federal technical assistance providers, national organizations, researchers, philanthropy, families, and community members. Responses to this RFI will inform ongoing and future efforts to improve the ways in which the OCC administers the CCDF Tribal program, including potential regulatory changes, to meet the needs of children, families, and communities within Tribal Nations. This RFI is for information and planning purposes only and should not be construed as a solicitation for applications or as an obligation on the part of ACF or HHS. We also note that changes in policy requiring revisions to statute or regulations will require further appropriate processes to effectuate, which may entail Congressional action or rulemaking procedures. We recommend that respondents address the questions listed below, but input on any aspect of the Tribally administered CCDF program is welcome. Commenters do not need to address every question and should focus on those where commenters have relevant expertise or experience. Commenters should identify the question to which they are responding by indicating the corresponding letter and number(s). We request commenters who identify barriers or policies to indicate the source/level (e.g., federal, state, local) of the barrier or policy, as 8 Executive Order 14091. February 16, 2023. https://www.govinfo.gov/content/pkg/FR-2023-0222/pdf/2023-03779.pdf. 9 Executive Order 14095. April 18, 2023. https:// www.govinfo.gov/content/pkg/DCPD-202300309/ pdf/DCPD-202300309.pdf. PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 well as the types of child care providers (e.g., centers, family child care homes) that are impacted. CCDF Funding Policies for Tribes A. Triennial Child Count and Service Area OCC seeks public comment on the CCDF rules and regulations related to the triennial child count and defined service area. Every three years as part of the triennial plan submission, Tribal Lead Agencies submit the number of children that will be counted as the basis for funding formulas, as well as their definition of Indian Child and Indian Reservation or Service Area (otherwise referred to as the ‘‘child count’’ (45 CFR 98.81(b)(4)) to receive CCDF funds. Tribal Lead Agencies have flexibility to determine the methodology and data sources used for their child count. Additional information about these requirements can be found in the Child Count and Tribal Early Learning Initiative (TELI) Program Instructions (CCDF–ACF–PI–2022–03). Regulations allow Tribal Lead Agencies to include children from other Tribes in their count, provided they are from federally recognized Tribes and there is no duplication in counts across overlapping or neighboring service areas, which are on or near a reservation (except Tribes in Alaska, California, and Oklahoma) (45 CFR 98.80(e)). CCDF requires the service area to be ‘‘on or near’’ a reservation, and OCC has specified through the above-referenced policy guidance that ‘‘on or near’’ refers to a geographic proximity to the borders of a tribe’s reservation. A tribe with fewer than 50 children under age 13 may participate in a consortium of eligible Tribes if the consortium demonstrates authorization from each participating tribe, including a letter for each participating tribe that the consortia can act and receive funding on their behalf (45 CFR 98.80(c). This demonstration is required initially and every three years. Request for Information A1. Child Count OCC seeks input on whether the current requirements for the triennial child count work well for Tribal Lead Agencies and if there are changes to the child count requirements that would better support the implementation of Tribal CCDF programs. We also request input on what changes to child care rules, guidance, and/or the role of the federal office, if any, would enable a fair and equitable child count process for all Tribal Nations. E:\FR\FM\27JYP1.SGM 27JYP1 Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / Proposed Rules A2. Consortia OCC seeks input on the current requirements for Tribal CCDF consortia, including whether there are barriers or challenges for identifying the methods or data sources for consortia child count. We also seek input on the benefits and/or burdens to how Tribes must demonstrate they authorize the consortium to receive funds and act on their behalf. A3. Service Area OCC seeks input on whether the definition or parameters of ‘‘service area’’ enables Tribal Lead Agencies to meet the child care needs for Native families in their area and whether and what changes to the requirements for defining service area would help ensure a fair and equitable process for all Tribal Nations. ddrumheller on DSK120RN23PROD with PROPOSALS1 B. Allocation Sizes The preamble of the 2016 CCDF Final Rule established thresholds for the three categories of Tribal Lead Agencies based upon funding allocations, which have remained unchanged: small (less than $250,000), medium ($250,000 to $1 million), or large (more than $1 million) (FR 67536–6). While all Tribal Lead Agencies are subject to health and safety requirements and quality spending minimums, Tribal Lead Agencies with small allocations operate under a smaller number of CCDF requirements and complete an abbreviated CCDF plan compared to Tribes with medium and large allocation (45 CFR 98.81 & 98.83). These modified requirements are meant to account for implementation and structural variance that arise from a small award size and fewer services. Tribal Lead Agencies with medium and large allocations must meet more requirements, provide direct services, and complete a full CCDF plan. Annual appropriations for Tribal Lead Agencies increased from $137 million in FY 2017 to $557 million in FY 2023. While the total amount allotted to Tribes has dramatically increased since the publication of the 2016 Final Rule, the allocation size thresholds have remained the same. We acknowledge that any changes to allocation size thresholds could have significant implications for Tribal Lead Agencies and their programming. Request for Information B. OCC seeks input on whether the current thresholds for Tribes with small, medium, and large allocations and the corresponding requirements are still appropriate or if changes are warranted. OCC is requesting information whether VerDate Sep<11>2014 16:29 Jul 26, 2023 Jkt 259001 and what changes in tiered requirements for each allocation size would better support the implementation of the CCDF program and better serve the needs of Tribal Nations. C. Tribal CCDF Plan Every three years, Tribal Lead Agencies are required to submit a CCDF plan as a condition to receive annual CCDF funds (45 CFR 98.17 & 98.81(a)). Prior to CCDF plan submission, OCC provides a CCDF plan preprint outlining the applicable regulations and requirements with instructions on how to address each plan item or question. OCC also provides training and technical assistance on how to develop and submit the triennial plan. Request for Information C. OCC seeks feedback on how the Tribal CCDF plan submission supports or interferes with implementation of the CCDF program. Does the three-year plan cycle process support implementation or create barriers or challenges? Is there anything specifically challenging or burdensome about drafting or creating the Tribal CCDF plan? Are changes to the Tribal plan needed to better support Tribal CCDF program administration? If so, how? D. Discretionary Base Amount Tribal Lead Agency CCDF allocations are based on a discretionary base amount set by the Secretary, as well as a discretionary and mandatory amount based on the number of children submitted in the child count (45 CFR 98.61(c) & 98.62(b) through (c)). The base amount is not subject to the administrative cost limitations nor the quality expenditure requirement discussed below and can be used on any allowable CCDF expenditure (45 CFR 98.83(h)). The discretionary base amount is not regulatory and was originally established in the preamble to the 1998 CCDF Final Rule (63 FR 39978) and was increased in the preamble to the 2016 Final Rule (81 FR 67544). Beginning in FY 2017, the base amount increased from $20,000 to $30,000 to account for inflation that eroded the value of the base amount since it was originally established in 1998. Request for Information D. OCC is seeking input on whether the current base amount for discretionary funds has created barriers, challenges, or worked well for Tribal Lead Agencies. We are interested to know whether a different base amount would better support the implementation of Tribal CCDF PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 48411 programs and whether a change to the discretionary base amount would expand opportunity and access to child care services in Tribal Nations and their communities. CCDF Administration E. Early Childhood and Related Systems Coordination CCDF Tribal Lead Agencies are required to coordinate services with other Tribal, federal, state, and/or local child care and early childhood development programs with agencies responsible for public health, employment services/workforce development, public education, the Temporary Assistance for Needy Families program (42 U.S.C. 601 et seq.), etc. at a minimum (45 CFR 98.82(b)). However, Tribes have indicated there are multiple challenges related to coordination of Tribal early childhood services, including conflicting requirements, difficulties in tracking funding separately, and lack of a cohesive vision. Request for Information E. OCC seeks input on what barriers interfere with Tribal Lead Agencies coordinating CCDF with other early childhood programs, like Head Start, preschool funds offered through state or local resources, and home visiting, as well as with other related programs like the Individuals with Disabilities Education Act Part C and Part B, Child and Adult Child Care Food Program and the Women, Infants, and Children program in a manner that supports Tribal program goals. OCC is specifically interested in the ways in which Tribes currently or would like to braid, blend, and layer funding from multiple early childhood federal funding streams in order to create culturally appropriate and high-quality early childhood settings and specific barriers to doing so. F. Spending Requirements CCDF regulations includes three types of set-asides for how funds must be spent. First, Tribal Lead Agencies with medium and large allocations must spend at least 70 percent of their discretionary CCDF funds (excepting the base amount) on direct services, which is based on total expenditures after reserving funds for quality and administration (45 CFR 98.50(f)(2) & 98.83(g)). The 70 percent minimum does not apply to Tribes with small allocation, which are not required to spend CCDF on direct services (45 CFR 98.83(f)). This minimum set-aside ensures CCDF is mainly spent on E:\FR\FM\27JYP1.SGM 27JYP1 48412 Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / Proposed Rules helping parents afford child care, but OCC has heard concerns that it can be a barrier for some Tribal Nations to make needed child care system investments that, if unaddressed, limit families’ ability to use child care assistance. Second, all Tribal Lead Agencies have a 15 percent cap on administrative expenditures (45 CFR 98.83(i). All funds except those received through the discretionary base amount ($30,000) are subject to this limitation. Third, CCDF requires all Tribal Lead Agencies to spend no less than nine percent of their total CCDF expenditures on quality improvement activities (45 CFR 98.50(b)(1) & 98.83(g)(1)). Tribes with medium and large allocation are required to spend an additional 3 percent on activities to improve the quality and supply of care for infants and toddlers (45 CFR 98.50(b)(2) & 98.83(g)(2)). While any Tribal Lead Agency can spend more than nine percent of their funds on quality activities, quality activities do not count toward direct services. liquidated by the end of the second fiscal year following the fiscal year the grant is awarded (45 CFR 98.84(e)). This policy provides three years to fully liquidate funds. Funds set aside for construction or major renovation may also pay for a modular unit, including the costs of buying and installing the unit, if the unit is fixed to the land. A Tribal Lead Agency must demonstrate that adequate child care facilities are not otherwise available and that the lack of facilities will inhibit future program operations (45 CFR 98.84(b)). The Tribal Lead Agency must also show that after the construction or renovation is complete, either the level of direct child care services will increase or the quality of child care services will improve. Tribes may use set-aside funds to construct or renovate a facility that services more than the CCDF program, however, a cost allocation plan that ensures proportionate cost sharing must be in place. Request for Information G. Please describe specific challenges or barriers Tribal Lead Agencies have experienced with the requirements for construction or major renovation. We seek feedback on CCDF rules for prioritizing, planning, developing, and/ or building child care facilities. We also specifically seek input on barriers to building a facility that will serve more than the CCDF program, such as facilities jointly funded by Head Start and CCDF. F1. Direct Services Minimum OCC requests comment on whether the 70 percent direct service spending requirement for discretionary funds creates challenges for Tribal Lead Agencies and if there are alternative policies that would better meet Tribes’ child care needs. We also seek feedback on whether any of the spending requirements (for direct services, quality activities, and/or administrative expenses) inhibit opportunities and access to child care and early learning services in Tribal Nations. F2. Administrative Cap OCC requests comment on whether the 15 percent administrative cap inhibits Tribal implementation of the CCDF program and if so, the changes that would facilitate the Tribal Lead Agency better meeting the purposes of the program. ddrumheller on DSK120RN23PROD with PROPOSALS1 F3. Quality Set-Aside OCC requests comment on any barriers or challenges the quality setaside may pose to Tribes implementing their child care program. G. Construction and Major Renovation of Child Care Facilities With approval from ACF, CCDF Tribal Lead Agencies may use CCDF funds for the construction and/or major renovation of child care facilities (45 CFR 98.84 (a)). Construction or major renovation funds must be set-aside from the Tribal Lead Agency’s current grant year’s CCDF allocation and must be VerDate Sep<11>2014 16:29 Jul 26, 2023 Jkt 259001 Request for Information H. Obligation and Liquidation Deadlines Tribal Lead Agencies must obligate, or legally commit, all funds by the end of the fiscal year (September 30th) following the fiscal year the funds were initially awarded (approximately two years) (45 CFR 98.60(e)(1)). Obligated funds must be liquidated within the next fiscal year (approximately three years) (45 CFR 98.60(e)(2)). Any funds that remain unobligated or unliquidated by these deadlines are returned to the Department of Treasury. Financial information regarding obligated and liquidated funds are reported through the ACF–696T form.10 We acknowledge the rapid influx of Tribal funding since 2017, in combination with these deadlines, created a burden for many Tribal Lead Agencies in spending funds within the time allotted. This led to many requests for extension of the obligation and liquidation periods through temporary fiscal waivers—including for COVID 10 CCDF–ACF–PI–2022–08. November 2, 2022. https://www.acf.hhs.gov/occ/policy-guidance/ccdfacf-pi-2022-08. PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 supplemental funds, discretionary funds, or construction and major renovation funds—to allow more time to manage and spend down the multiple increased funding streams during a short window of time. Request for Information H. We seek input on whether the current obligation and liquidation deadlines have created barriers or challenges for implementation of CCDF programs by Tribal Lead Agencies. I. Reporting Requirements Tribal Lead Agencies that receive CCDF funds are required to submit an aggregate report (ACF–700 Tribal Annual Report 11) covering overall child care services provided and a financial report (ACF–696T Financial Reporting Form for Tribal CCDF Lead Agencies 12) on expenditures issued under CCDF every year (45 CFR 98.65(i) & 98.70(c)). These forms are subject to the Paperwork Reduction Act, which includes designated periods for Tribal Lead Agencies and others to provide public comment. Tribal Lead Agencies will have additional opportunities to comment on any changes to these forms that may be proposed based on responses to the RFI. Request for Information I. OCC seeks input on CCDF reporting for Tribal Lead Agencies, including the ACF–700 and/or the ACF–696T forms. Please describe how they may create barriers or challenges for Tribal Lead Agencies and if the current reporting requirements align with Tribal data sovereignty. Please describe recommended changes, including other ways administrative and expenditure data can be collected and reported. J. Quality Activities in Tribal Child Care Tribal Lead Agencies receive CCDF funds to increase the quality of child care and childhood development programs and are required to report how their funds and policies support quality programming (45 CFR 98.53(a)). Quality activities could include, but are not limited to, training and professional development, improving early learning and development guidelines, or supporting health and safety practices. Tribal Lead Agencies also report how their payment rates to providers support quality, including cultural and 11 CCDF–ACF–PI–2022–09. October 31, 2022. https://www.acf.hhs.gov/occ/policy-guidance/ccdfacf-pi-2022-09. 12 CCDF–ACF–PI–2022–08. November 2, 2022. https://www.acf.hhs.gov/occ/policy-guidance/ccdfacf-pi-2022-08. E:\FR\FM\27JYP1.SGM 27JYP1 Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / Proposed Rules linguistic appropriateness (45 CFR 98.81(b)(5)). ddrumheller on DSK120RN23PROD with PROPOSALS1 Request for Information J. Please describe the primary drivers of child care quality in Tribal communities or programs. OCC also seeks feedback on any barriers or challenges to improving quality as a result of CCDF program requirements. K. Tribal and State Coordination of CCDF Programs State CCDF programs may sometimes intersect with the administration of Tribal CCDF programs. Therefore, CCDF requires States to be proactive and timely in reaching out to the Tribal officials for collaboration and are required to describe how they consulted, collaborated, and coordinated with Tribes in their State Plans (45 CFR 98.16(e)). The CCDF regulations recognize the need for states to conduct formal, structured consultation with Tribal governments, including Tribal leadership (45 CFR 98.10(f)). Many states and Tribes have consultation policies and procedures in place. Tribal Lead Agencies are subject to health and safety as well as monitoring requirements for providers who receive CCDF funds (45 CFR 98.41(a) & 98.83(d)(2)). They have some flexibility in determining which monitoring requirements should apply to child care providers (45 CFR 98.83(d)(2)). However, any alternative approaches must be approved, and this flexibility cannot be used to bypass these requirements altogether. Rather, Tribal Lead Agencies can introduce strategies that are more culturally appropriate or more financially feasible for Native children, families, and child care providers. State Lead Agencies are subject to the same health and safety requirements and also must have child care licensing requirements for child care providers (45 CFR 98.40(a)(1)). State Lead Agencies may require child care providers to meet additional health and safety standards or quality levels in order to participate in the CCDF program. Tribal Lead Agencies may use their CCDF funds to pay child care providers regulated by a State Lead Agency rather than requiring a separate set of Tribal health and safety requirements or standards. Many Tribal Lead Agencies pay state-licensed or state-regulated providers with Tribal CCDF funds to serve Tribal children. Tribal Lead Agencies may accept state subsidy payments at their Tribally operated child care centers. In cases where Tribally operated child care centers accept state subsidy payments, VerDate Sep<11>2014 16:29 Jul 26, 2023 Jkt 259001 State Lead Agencies may require such providers to meet their state-specific health and safety requirements or standards, which may result in the Tribally operated child care center being subject to the State-specific health and safety requirements or their quality improvement systems. However, state licensing or regulation and quality improvement systems may not be culturally appropriate or relevant for Native children, families, and child care providers. Request for Information K. Please describe how state administration of CCDF requirements impact your Tribal Lead Agency’s ability to administer your Tribal CCDF program and meet the needs of Native children and families. Improving Families’ Access to Child Care L. Consumer Education All Tribes are exempt from creating a CCDF consumer education website given the administrative cost of building a website and the lack of reliable highspeed internet in some Tribal areas (45 CFR 98.83(d)(1)(i)). However, Tribal Lead Agencies with medium or large allocations are required to meet some of the CCDF consumer education requirements, including maintaining a parental complaint hotline, disseminating certain information to parents, providers, and the general public on child care services, sharing consumer-friendly and easily accessible, provider-specific monitoring reports and provider-specific consumer education statement with a summary of the Tribe’s health and safety policies. Tribes with small allocations are exempt from all consumer education requirements. Request for Information L. OCC seeks input on the consumer education information requirements for Tribal Lead Agencies. Please describe if the amount of consumer education information that is required for Tribal Lead Agencies creates any barriers or challenges in program administration. OCC also seeks feedback on the most appropriate minimum information about Tribal CCDF programs and eligible providers that should be shared with families and the general public, as well as effective means for communicating the information so that they can make informed decisions. OCC also welcomes feedback from families participating in Tribally-administered child care subsidy programs on current consumer education resources and if PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 48413 these resources promote transparency and parent choice. M. Eligibility Tribal Lead Agencies with small allocations can consider any Native child under age 13 in the service area to be eligible for child care services automatically (referred to as ‘‘categorical eligibility’’) (45 CFR 98.83(f)(8) & 98.81(b)(1)(i)), and many CCDF Tribal Lead Agencies with small allocations utilize this flexibility. Tribal Lead Agencies with large or medium allocations are subject to standard eligibility requirements unless the tribe’s median income is below a level established by the Secretary, and therefore to be eligible for CCDF services, children must be under age 13, reside with a family whose income does not exceed 85 percent of the Grantee Median Income (GMI), and reside with parents who are working, attending a job training or educational program (45 CFR 98.81(b)). To use categorical eligibility, Tribal Lead Agencies with large or medium allocations must demonstrate their Tribal Median Income is below 85 percent of State Median Income, and that provision for services is delivered to those with the highest need. Most Tribal Lead Agencies meet this requirement. Request for Information M. Please describe whether current federal eligibility requirements are appropriate for Tribal Lead Agencies and what, if any, changes to current federal eligibility requirements would better support the implementation of Tribal CCDF programs, including coordination with other early care and education programs. Please describe whether changes to the eligibility requirements are needed to expand opportunity and access to child care and early learning services to Tribal Nations and communities. Increasing Child Care Supply in Tribal Communities N. Early Childhood Workforce ACF’s mission is to advance an early childhood sector that meets the developmental needs of, and that creates equitable opportunities for, children and families. This includes supporting systems that attract, prepare, support, and retain a qualified and diverse work force. President Biden’s Executive order on Increasing Access to High-Quality Care and Supporting E:\FR\FM\27JYP1.SGM 27JYP1 48414 Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / Proposed Rules Caregivers 13 also calls for increasing wages and benefits for staff, increasing provider payment rates, and improved access to mental health supports for the workforce. CCDF provides significant flexibility for Tribal Lead Agencies to prioritize CCDF funds for the workforce. OCC has heard from many Tribal Lead Agencies that there are oftentimes internal challenges to increasing CCDF Tribally Operated Center teacher, director, and staff wages and/or in retaining qualified CCDF staff. P. Comprehensive Background Checks Request for Information Request for Information N1. Compensation. Please describe specific challenges or barriers that CCDF rules present for Tribal Lead Agencies increasing child care staff wages, benefits, and or provider payment rates. Please describe what changes would better support efforts to support the Tribal child care workforce. N2. Qualifications. Please provide perspectives on child care workforce qualifications and what makes for an effective workforce. Please describe specific challenges or barriers that CCDF rules present for Tribal Lead Agencies in preparing, supporting, and retaining qualified CCDF staff. P. We are seeking comment to better understand challenges Tribal Nations face to implement the CCDF background check requirements. Please describe challenges Tribal Nations face in the implementation of comprehensive background checks and recommendations for addressing these challenges while ensuring child safety. O. Eligible Child Care Providers Dated: July 24, 2023. Ruth J. Friedman, Director, Office of Child Care. Eligible child care providers under CCDF include center-based child care providers, family child care providers, or in-home child care providers that are subject to health and safety requirements and monitoring and enforcement procedures (45 CFR 98.2). Relative providers are also eligible if they are 18 years of age or older and provide child care services only to eligible children who are—by marriage, blood relationship, or court decree—the grandchild, great grandchild, sibling[s] (if such provider lives in separate residence), niece, or nephew of such provider (45 CFR 98.2). ddrumheller on DSK120RN23PROD with PROPOSALS1 Request for Information O. We seek feedback on how the current requirements on eligible providers support Tribal CCDF programs and if they create barriers or challenges for Tribal Lead Agencies. Are there changes in the eligible provider requirements that would better support the implementation of Tribal CCDF programs? Are there ways in which the requirements on eligible providers undermine Tribal sovereignty and selfdetermination? 13 Executive Order 14095. April 18, 2023. https:// www.govinfo.gov/content/pkg/DCPD-202300309/ pdf/DCPD-202300309.pdf. VerDate Sep<11>2014 16:29 Jul 26, 2023 Jkt 259001 CCDF regulations require Tribes to comply with the same background check provisions as states and territories (45 CFR 98.83(d)(3), but the Act does not provide Tribes the legal authority to conduct all checks, and Tribes face unique challenges directly requesting and accessing certain data. This lack of statutory authority and access to conduct certain checks impacts public safety not only in Tribal communities but across the United States. Q. Other Topics Please describe any other CCDF Tribal regulations and processes that interfere with Tribal Nations’ child care program implementation and/or CCDF policies or regulations not yet addressed in this RFI and proposed solution(s). [FR Doc. 2023–15930 Filed 7–26–23; 8:45 am] BILLING CODE 4184–87–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–HQ–ES–2023–0067; FF09E22000 FXES1111090FEDR 234] RIN 1018–BG69 Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Fluminense Swallowtail, Harris’ Mimic Swallowtail, and Hahnel’s Amazonian Swallowtail Fish and Wildlife Service, Interior. ACTION: Proposed rule. AGENCY: We, the U.S. Fish and Wildlife Service (Service), propose to list two species and one subspecies of Brazilian swallowtail butterflies as endangered species under the Endangered Species Act of 1973, as amended (Act). Specifically, we are proposing to list the Fluminense swallowtail (Parides ascanius), Harris’ SUMMARY: PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 mimic swallowtail (Eurytides (=Mimoides) lysithous harrisianus), and Hahnel’s Amazonian swallowtail (Parides hahneli), all butterflies endemic to Brazil. After a review of the best scientific and commercial information available, we find that listing all three swallowtails is warranted. Accordingly, we propose to list the Fluminense swallowtail, Harris’ mimic swallowtail, and Hahnel’s Amazonian swallowtail as endangered species under the Act. If we finalize this rule as proposed, it would add these species to the List of Endangered and Threatened Wildlife and extend the Act’s protections to these species. DATES: We will accept comments received or postmarked on or before September 25, 2023. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 p.m. eastern time on the closing date. We must receive requests for a public hearing, in writing, at the address shown in FOR FURTHER INFORMATION CONTACT by September 11, 2023. ADDRESSES: Written comments: You may submit comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: https:// www.regulations.gov. In the Search box, enter FWS–HQ–ES–2023–0067, which is the docket number for this rulemaking. Then, click on the Search button. On the resulting page, in the panel on the left side of the screen, under the Document Type heading, check the Proposed Rule box to locate this document. You may submit a comment by clicking on ‘‘Comment.’’ (2) By hard copy: Submit by U.S. mail to: Public Comments Processing, Attn: FWS–HQ–ES–2023–0067, U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041– 3803. We request that you send comments only by the methods described above. We will post all comments on https:// www.regulations.gov. This generally means that we will post any personal information you provide us (see Information Requested, below, for more information). Availability of supporting materials: Supporting materials, such as the species status assessment report, are available at https://www.regulations.gov at Docket No. FWS–HQ–ES–2023–0067. FOR FURTHER INFORMATION CONTACT: Rachel London, Chief, Branch of Delisting and Foreign Species, Ecological Services Program, U.S. Fish and Wildlife Service, MS: ES, 5275 E:\FR\FM\27JYP1.SGM 27JYP1

Agencies

[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Proposed Rules]
[Pages 48409-48414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15930]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Part 98


Request for Information: Meeting the Child Care Needs in Tribal 
Nations

AGENCY: Office of Child Care (OCC), Administration for Children and 
Families (ACF), Department of Health and Human Services (HHS).

ACTION: Request for information.

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SUMMARY: The Office of Child Care invites public comment on the rules 
and regulations of the Tribally administered Child Care and Development 
Fund (CCDF) program as part of the Administration for Children and 
Families' (ACF) commitment to creating partnerships with Tribal Nations 
to identify and implement solutions that transcend traditional program 
boundaries. As part of that commitment, OCC seeks input on the 
requirements, regulations, and processes for Tribal Nations that 
administer CCDF. This Request for Information (RFI) specifically seeks 
public comment on the following topics of the Tribal child care 
program--CCDF Funding Policies for Tribes, CCDF Administration, 
Improving Families' Access to Child Care, and Increasing Child Care 
Supply in Tribal Communities--but input on any aspect of the Tribally 
administered CCDF program is welcome. OCC will host a Tribal 
consultation during the RFI public comment period.

DATES: To be considered, public comments must be received 
electronically no later than January 2, 2024.

ADDRESSES: Public comments should be submitted online at https://www.regulations.gov or by email to [email protected]. All 
submissions received must include the docket number ACF-2023-0004 for 
``Request for Information: Meeting the Child Care Needs in Tribal 
Nations.'' All comments received are a part of the public record and 
will be posted for public viewing on https://www.regulations.gov, 
without change. That means all personal identifying information (such 
as name or address) will be publicly accessible. Please do not submit 
confidential information, or otherwise sensitive or protected 
information. We accept anonymous comments. If you wish to remain 
anonymous, enter ``N/A'' in the required fields.

FOR FURTHER INFORMATION CONTACT: Megan Campbell, Office of Child Care, 
202-690-6499. Telecommunications Relay users may dial 711 first. Email 
inquiries to [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    There are approximately half a million Native children under the 
age of 13 in the United States, and nearly half are below the age of 
five.\1\ In fiscal year (FY) 2023, 265 Tribal Lead Agencies received 
CCDF grants totaling $557 million toward Tribal child care. The Child 
Care and Development Block Grant (CCDBG) Act of 2014 (the Act), 42 
U.S.C. 9857 et seq., and the CCDF regulations (45 CFR part 98), which 
together govern CCDF, aim to promote families' financial stability and 
foster healthy child development by helping families afford child care 
and improving the quality of child care for all children.
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    \1\ Smith, L. and Rosen, S. (2022). Righting a wrong: Advancing 
equity in child care funding for American Indian & Alaska Native 
families. Washington, DC: Bipartisan Policy Center. https://bipartisanpolicy.org/download/?file=/wp-content/uploads/2022/04/BPC-Tribal-Report_RV5.pdf.
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    The Act does not explicitly apply most of its provisions to the 
Tribal program, so with some exceptions and within certain parameters, 
the Secretary of Health and Human Services (the Secretary) has the 
authority to

[[Page 48410]]

determine many of the CCDF requirements for Tribal Lead Agencies. With 
this RFI, OCC is seeking public comment on whether existing CCDF 
requirements, regulations, and processes are appropriate for Tribal 
Nations to implement CCDF in a manner that best meets the needs of the 
children, families, and child care providers in their communities and 
that properly recognizes the principals of strong government-to-
government relationships and Tribal sovereignty. We seek feedback on 
whether changes to rules and/or processes are needed to improve 
implementation of Tribal CCDF programs.
    We recognize that any changes made to Tribal regulations or other 
requirements must be made with input and consultation from Tribal 
Nations and organizations that receive CCDF funding. This RFI is being 
issued with ACF's Principles for Working with Federally Recognized 
Tribes \2\ in mind, including the promotion and sustainability of 
strong government-to-government relationships, Indian self-
determination, Tribal sovereignty, and transparency in ACF's actions as 
public servants. This RFI is also aligned with President Biden's 2021 
Initiative on Advancing Educational Equity, Excellence, and Economic 
Opportunity for Native Americans; \3\ his Memorandums on Tribal 
Consultation and Strengthening Nation-to-Nation Relationships \4\ and 
Uniform Standards for Tribal Consultationxe; \5\ and Executive oerders 
on Increasing Access to High-Quality Care and Supporting Caregivers,\6\ 
and Advancing Racial Equity and Support for Underserved Communities 
Through the Federal Government,\7\ and Further Advancing Racial Equity 
and Support for Underserved Communities through the Federal 
Government.\8\ In the Executive order on Increasing Access to High-
Quality Care and Supporting Caregivers, President Biden specifically 
calls for, ``removing barriers and providing the funding needed for 
Tribal Nations to effectively provide high-quality child care and long-
term care'' \5\ and calls on the Secretary to, ``review existing 
policies to identify opportunities--including among Tribal 
communities--to increase the capacity of community care entities by 
providing operational support to these networks of providers.'' \9\
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    \2\ Administration for Children and Families (ACF) Principles 
for Working with Federally Recognized Tribes https://www.acf.hhs.gov/sites/default/files/documents/revised_acf_princips_032317.pdf?nocache=1490367914num;:~:text=ACF%20e
stablishes%20these%20principles%20in,professionalism%2C%20integrity%2
C%20and%20stewardship.
    \3\ Executive Order 14049. October 11, 2021. https://www.govinfo.gov/content/pkg/DCPD-202100841/pdf/DCPD-202100841.pdf.
    \4\ Memorandum on Tribal Consultation and Strengthening Nation-
to-Nation Relationships. January 26, 2021. https://www.govinfo.gov/content/pkg/DCPD-202100091/pdf/DCPD-202100091.pdf.
    \5\ Memorandum on Uniform Standards for Tribal Consultation. 
November 3, 2022. https://www.whitehouse.gov/briefing-room/presidential-actions/2022/11/30/memorandum-on-uniform-standards-for-tribal-consultation/.
    \6\ Executive Order 14095. April 18, 2023. https://www.govinfo.gov/content/pkg/DCPD-202300309/pdf/DCPD-202300309.pdf.
    \7\ Executive Order 13985. January 20, 2021. https://www.govinfo.gov/content/pkg/DCPD-202100054/pdf/DCPD-202100054.pdf.
    \8\ Executive Order 14091. February 16, 2023. https://www.govinfo.gov/content/pkg/FR-2023-02-22/pdf/2023-03779.pdf.
    \9\ Executive Order 14095. April 18, 2023. https://www.govinfo.gov/content/pkg/DCPD-202300309/pdf/DCPD-202300309.pdf.
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What We Are Looking for in Public Comments

    Through this RFI, the OCC is seeking input from Tribal leaders, 
Tribal program administrators, and others who are impacted directly by 
the Tribal CCDF requirements. We also welcome input from service 
providers, current federal and non-federal technical assistance 
providers, national organizations, researchers, philanthropy, families, 
and community members.
    Responses to this RFI will inform ongoing and future efforts to 
improve the ways in which the OCC administers the CCDF Tribal program, 
including potential regulatory changes, to meet the needs of children, 
families, and communities within Tribal Nations. This RFI is for 
information and planning purposes only and should not be construed as a 
solicitation for applications or as an obligation on the part of ACF or 
HHS. We also note that changes in policy requiring revisions to statute 
or regulations will require further appropriate processes to 
effectuate, which may entail Congressional action or rulemaking 
procedures.
    We recommend that respondents address the questions listed below, 
but input on any aspect of the Tribally administered CCDF program is 
welcome. Commenters do not need to address every question and should 
focus on those where commenters have relevant expertise or experience. 
Commenters should identify the question to which they are responding by 
indicating the corresponding letter and number(s). We request 
commenters who identify barriers or policies to indicate the source/
level (e.g., federal, state, local) of the barrier or policy, as well 
as the types of child care providers (e.g., centers, family child care 
homes) that are impacted.

CCDF Funding Policies for Tribes

A. Triennial Child Count and Service Area
    OCC seeks public comment on the CCDF rules and regulations related 
to the triennial child count and defined service area. Every three 
years as part of the triennial plan submission, Tribal Lead Agencies 
submit the number of children that will be counted as the basis for 
funding formulas, as well as their definition of Indian Child and 
Indian Reservation or Service Area (otherwise referred to as the 
``child count'' (45 CFR 98.81(b)(4)) to receive CCDF funds. Tribal Lead 
Agencies have flexibility to determine the methodology and data sources 
used for their child count. Additional information about these 
requirements can be found in the Child Count and Tribal Early Learning 
Initiative (TELI) Program Instructions (CCDF-ACF-PI-2022-03).
    Regulations allow Tribal Lead Agencies to include children from 
other Tribes in their count, provided they are from federally 
recognized Tribes and there is no duplication in counts across 
overlapping or neighboring service areas, which are on or near a 
reservation (except Tribes in Alaska, California, and Oklahoma) (45 CFR 
98.80(e)). CCDF requires the service area to be ``on or near'' a 
reservation, and OCC has specified through the above-referenced policy 
guidance that ``on or near'' refers to a geographic proximity to the 
borders of a tribe's reservation.
    A tribe with fewer than 50 children under age 13 may participate in 
a consortium of eligible Tribes if the consortium demonstrates 
authorization from each participating tribe, including a letter for 
each participating tribe that the consortia can act and receive funding 
on their behalf (45 CFR 98.80(c). This demonstration is required 
initially and every three years.
Request for Information
A1. Child Count
    OCC seeks input on whether the current requirements for the 
triennial child count work well for Tribal Lead Agencies and if there 
are changes to the child count requirements that would better support 
the implementation of Tribal CCDF programs. We also request input on 
what changes to child care rules, guidance, and/or the role of the 
federal office, if any, would enable a fair and equitable child count 
process for all Tribal Nations.

[[Page 48411]]

A2. Consortia
    OCC seeks input on the current requirements for Tribal CCDF 
consortia, including whether there are barriers or challenges for 
identifying the methods or data sources for consortia child count. We 
also seek input on the benefits and/or burdens to how Tribes must 
demonstrate they authorize the consortium to receive funds and act on 
their behalf.
A3. Service Area
    OCC seeks input on whether the definition or parameters of 
``service area'' enables Tribal Lead Agencies to meet the child care 
needs for Native families in their area and whether and what changes to 
the requirements for defining service area would help ensure a fair and 
equitable process for all Tribal Nations.
B. Allocation Sizes
    The preamble of the 2016 CCDF Final Rule established thresholds for 
the three categories of Tribal Lead Agencies based upon funding 
allocations, which have remained unchanged: small (less than $250,000), 
medium ($250,000 to $1 million), or large (more than $1 million) (FR 
67536-6). While all Tribal Lead Agencies are subject to health and 
safety requirements and quality spending minimums, Tribal Lead Agencies 
with small allocations operate under a smaller number of CCDF 
requirements and complete an abbreviated CCDF plan compared to Tribes 
with medium and large allocation (45 CFR 98.81 & 98.83). These modified 
requirements are meant to account for implementation and structural 
variance that arise from a small award size and fewer services. Tribal 
Lead Agencies with medium and large allocations must meet more 
requirements, provide direct services, and complete a full CCDF plan.
Annual appropriations for Tribal Lead Agencies increased from $137 
million in FY 2017 to $557 million in FY 2023. While the total amount 
allotted to Tribes has dramatically increased since the publication of 
the 2016 Final Rule, the allocation size thresholds have remained the 
same. We acknowledge that any changes to allocation size thresholds 
could have significant implications for Tribal Lead Agencies and their 
programming.
Request for Information
    B. OCC seeks input on whether the current thresholds for Tribes 
with small, medium, and large allocations and the corresponding 
requirements are still appropriate or if changes are warranted. OCC is 
requesting information whether and what changes in tiered requirements 
for each allocation size would better support the implementation of the 
CCDF program and better serve the needs of Tribal Nations.
C. Tribal CCDF Plan
    Every three years, Tribal Lead Agencies are required to submit a 
CCDF plan as a condition to receive annual CCDF funds (45 CFR 98.17 & 
98.81(a)). Prior to CCDF plan submission, OCC provides a CCDF plan 
preprint outlining the applicable regulations and requirements with 
instructions on how to address each plan item or question. OCC also 
provides training and technical assistance on how to develop and submit 
the triennial plan.
Request for Information
    C. OCC seeks feedback on how the Tribal CCDF plan submission 
supports or interferes with implementation of the CCDF program. Does 
the three-year plan cycle process support implementation or create 
barriers or challenges? Is there anything specifically challenging or 
burdensome about drafting or creating the Tribal CCDF plan? Are changes 
to the Tribal plan needed to better support Tribal CCDF program 
administration? If so, how?
D. Discretionary Base Amount
    Tribal Lead Agency CCDF allocations are based on a discretionary 
base amount set by the Secretary, as well as a discretionary and 
mandatory amount based on the number of children submitted in the child 
count (45 CFR 98.61(c) & 98.62(b) through (c)). The base amount is not 
subject to the administrative cost limitations nor the quality 
expenditure requirement discussed below and can be used on any 
allowable CCDF expenditure (45 CFR 98.83(h)). The discretionary base 
amount is not regulatory and was originally established in the preamble 
to the 1998 CCDF Final Rule (63 FR 39978) and was increased in the 
preamble to the 2016 Final Rule (81 FR 67544). Beginning in FY 2017, 
the base amount increased from $20,000 to $30,000 to account for 
inflation that eroded the value of the base amount since it was 
originally established in 1998.
Request for Information
    D. OCC is seeking input on whether the current base amount for 
discretionary funds has created barriers, challenges, or worked well 
for Tribal Lead Agencies. We are interested to know whether a different 
base amount would better support the implementation of Tribal CCDF 
programs and whether a change to the discretionary base amount would 
expand opportunity and access to child care services in Tribal Nations 
and their communities.

CCDF Administration

E. Early Childhood and Related Systems Coordination
    CCDF Tribal Lead Agencies are required to coordinate services with 
other Tribal, federal, state, and/or local child care and early 
childhood development programs with agencies responsible for public 
health, employment services/workforce development, public education, 
the Temporary Assistance for Needy Families program (42 U.S.C. 601 et 
seq.), etc. at a minimum (45 CFR 98.82(b)). However, Tribes have 
indicated there are multiple challenges related to coordination of 
Tribal early childhood services, including conflicting requirements, 
difficulties in tracking funding separately, and lack of a cohesive 
vision.
Request for Information
    E. OCC seeks input on what barriers interfere with Tribal Lead 
Agencies coordinating CCDF with other early childhood programs, like 
Head Start, preschool funds offered through state or local resources, 
and home visiting, as well as with other related programs like the 
Individuals with Disabilities Education Act Part C and Part B, Child 
and Adult Child Care Food Program and the Women, Infants, and Children 
program in a manner that supports Tribal program goals. OCC is 
specifically interested in the ways in which Tribes currently or would 
like to braid, blend, and layer funding from multiple early childhood 
federal funding streams in order to create culturally appropriate and 
high-quality early childhood settings and specific barriers to doing 
so.
F. Spending Requirements
    CCDF regulations includes three types of set-asides for how funds 
must be spent. First, Tribal Lead Agencies with medium and large 
allocations must spend at least 70 percent of their discretionary CCDF 
funds (excepting the base amount) on direct services, which is based on 
total expenditures after reserving funds for quality and administration 
(45 CFR 98.50(f)(2) & 98.83(g)). The 70 percent minimum does not apply 
to Tribes with small allocation, which are not required to spend CCDF 
on direct services (45 CFR 98.83(f)). This minimum set-aside ensures 
CCDF is mainly spent on

[[Page 48412]]

helping parents afford child care, but OCC has heard concerns that it 
can be a barrier for some Tribal Nations to make needed child care 
system investments that, if unaddressed, limit families' ability to use 
child care assistance. Second, all Tribal Lead Agencies have a 15 
percent cap on administrative expenditures (45 CFR 98.83(i). All funds 
except those received through the discretionary base amount ($30,000) 
are subject to this limitation. Third, CCDF requires all Tribal Lead 
Agencies to spend no less than nine percent of their total CCDF 
expenditures on quality improvement activities (45 CFR 98.50(b)(1) & 
98.83(g)(1)). Tribes with medium and large allocation are required to 
spend an additional 3 percent on activities to improve the quality and 
supply of care for infants and toddlers (45 CFR 98.50(b)(2) & 
98.83(g)(2)). While any Tribal Lead Agency can spend more than nine 
percent of their funds on quality activities, quality activities do not 
count toward direct services.
Request for Information
F1. Direct Services Minimum
    OCC requests comment on whether the 70 percent direct service 
spending requirement for discretionary funds creates challenges for 
Tribal Lead Agencies and if there are alternative policies that would 
better meet Tribes' child care needs. We also seek feedback on whether 
any of the spending requirements (for direct services, quality 
activities, and/or administrative expenses) inhibit opportunities and 
access to child care and early learning services in Tribal Nations.
F2. Administrative Cap
    OCC requests comment on whether the 15 percent administrative cap 
inhibits Tribal implementation of the CCDF program and if so, the 
changes that would facilitate the Tribal Lead Agency better meeting the 
purposes of the program.
F3. Quality Set-Aside
    OCC requests comment on any barriers or challenges the quality set-
aside may pose to Tribes implementing their child care program.
G. Construction and Major Renovation of Child Care Facilities
    With approval from ACF, CCDF Tribal Lead Agencies may use CCDF 
funds for the construction and/or major renovation of child care 
facilities (45 CFR 98.84 (a)). Construction or major renovation funds 
must be set-aside from the Tribal Lead Agency's current grant year's 
CCDF allocation and must be liquidated by the end of the second fiscal 
year following the fiscal year the grant is awarded (45 CFR 98.84(e)). 
This policy provides three years to fully liquidate funds. Funds set 
aside for construction or major renovation may also pay for a modular 
unit, including the costs of buying and installing the unit, if the 
unit is fixed to the land. A Tribal Lead Agency must demonstrate that 
adequate child care facilities are not otherwise available and that the 
lack of facilities will inhibit future program operations (45 CFR 
98.84(b)). The Tribal Lead Agency must also show that after the 
construction or renovation is complete, either the level of direct 
child care services will increase or the quality of child care services 
will improve.
    Tribes may use set-aside funds to construct or renovate a facility 
that services more than the CCDF program, however, a cost allocation 
plan that ensures proportionate cost sharing must be in place.
Request for Information
    G. Please describe specific challenges or barriers Tribal Lead 
Agencies have experienced with the requirements for construction or 
major renovation. We seek feedback on CCDF rules for prioritizing, 
planning, developing, and/or building child care facilities. We also 
specifically seek input on barriers to building a facility that will 
serve more than the CCDF program, such as facilities jointly funded by 
Head Start and CCDF.
H. Obligation and Liquidation Deadlines
    Tribal Lead Agencies must obligate, or legally commit, all funds by 
the end of the fiscal year (September 30th) following the fiscal year 
the funds were initially awarded (approximately two years) (45 CFR 
98.60(e)(1)). Obligated funds must be liquidated within the next fiscal 
year (approximately three years) (45 CFR 98.60(e)(2)). Any funds that 
remain unobligated or unliquidated by these deadlines are returned to 
the Department of Treasury. Financial information regarding obligated 
and liquidated funds are reported through the ACF-696T form.\10\
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    \10\ CCDF-ACF-PI-2022-08. November 2, 2022. https://www.acf.hhs.gov/occ/policy-guidance/ccdf-acf-pi-2022-08.
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    We acknowledge the rapid influx of Tribal funding since 2017, in 
combination with these deadlines, created a burden for many Tribal Lead 
Agencies in spending funds within the time allotted. This led to many 
requests for extension of the obligation and liquidation periods 
through temporary fiscal waivers--including for COVID supplemental 
funds, discretionary funds, or construction and major renovation 
funds--to allow more time to manage and spend down the multiple 
increased funding streams during a short window of time.
Request for Information
    H. We seek input on whether the current obligation and liquidation 
deadlines have created barriers or challenges for implementation of 
CCDF programs by Tribal Lead Agencies.
I. Reporting Requirements
    Tribal Lead Agencies that receive CCDF funds are required to submit 
an aggregate report (ACF-700 Tribal Annual Report \11\) covering 
overall child care services provided and a financial report (ACF-696T 
Financial Reporting Form for Tribal CCDF Lead Agencies \12\) on 
expenditures issued under CCDF every year (45 CFR 98.65(i) & 98.70(c)). 
These forms are subject to the Paperwork Reduction Act, which includes 
designated periods for Tribal Lead Agencies and others to provide 
public comment. Tribal Lead Agencies will have additional opportunities 
to comment on any changes to these forms that may be proposed based on 
responses to the RFI.
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    \11\ CCDF-ACF-PI-2022-09. October 31, 2022. https://www.acf.hhs.gov/occ/policy-guidance/ccdf-acf-pi-2022-09.
    \12\ CCDF-ACF-PI-2022-08. November 2, 2022. https://www.acf.hhs.gov/occ/policy-guidance/ccdf-acf-pi-2022-08.
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Request for Information
    I. OCC seeks input on CCDF reporting for Tribal Lead Agencies, 
including the ACF-700 and/or the ACF-696T forms. Please describe how 
they may create barriers or challenges for Tribal Lead Agencies and if 
the current reporting requirements align with Tribal data sovereignty. 
Please describe recommended changes, including other ways 
administrative and expenditure data can be collected and reported.
J. Quality Activities in Tribal Child Care
    Tribal Lead Agencies receive CCDF funds to increase the quality of 
child care and childhood development programs and are required to 
report how their funds and policies support quality programming (45 CFR 
98.53(a)). Quality activities could include, but are not limited to, 
training and professional development, improving early learning and 
development guidelines, or supporting health and safety practices. 
Tribal Lead Agencies also report how their payment rates to providers 
support quality, including cultural and

[[Page 48413]]

linguistic appropriateness (45 CFR 98.81(b)(5)).
Request for Information
    J. Please describe the primary drivers of child care quality in 
Tribal communities or programs. OCC also seeks feedback on any barriers 
or challenges to improving quality as a result of CCDF program 
requirements.
K. Tribal and State Coordination of CCDF Programs
    State CCDF programs may sometimes intersect with the administration 
of Tribal CCDF programs. Therefore, CCDF requires States to be 
proactive and timely in reaching out to the Tribal officials for 
collaboration and are required to describe how they consulted, 
collaborated, and coordinated with Tribes in their State Plans (45 CFR 
98.16(e)). The CCDF regulations recognize the need for states to 
conduct formal, structured consultation with Tribal governments, 
including Tribal leadership (45 CFR 98.10(f)). Many states and Tribes 
have consultation policies and procedures in place. Tribal Lead 
Agencies are subject to health and safety as well as monitoring 
requirements for providers who receive CCDF funds (45 CFR 98.41(a) & 
98.83(d)(2)). They have some flexibility in determining which 
monitoring requirements should apply to child care providers (45 CFR 
98.83(d)(2)). However, any alternative approaches must be approved, and 
this flexibility cannot be used to bypass these requirements 
altogether. Rather, Tribal Lead Agencies can introduce strategies that 
are more culturally appropriate or more financially feasible for Native 
children, families, and child care providers.
    State Lead Agencies are subject to the same health and safety 
requirements and also must have child care licensing requirements for 
child care providers (45 CFR 98.40(a)(1)). State Lead Agencies may 
require child care providers to meet additional health and safety 
standards or quality levels in order to participate in the CCDF 
program. Tribal Lead Agencies may use their CCDF funds to pay child 
care providers regulated by a State Lead Agency rather than requiring a 
separate set of Tribal health and safety requirements or standards. 
Many Tribal Lead Agencies pay state-licensed or state-regulated 
providers with Tribal CCDF funds to serve Tribal children. Tribal Lead 
Agencies may accept state subsidy payments at their Tribally operated 
child care centers. In cases where Tribally operated child care centers 
accept state subsidy payments, State Lead Agencies may require such 
providers to meet their state-specific health and safety requirements 
or standards, which may result in the Tribally operated child care 
center being subject to the State-specific health and safety 
requirements or their quality improvement systems. However, state 
licensing or regulation and quality improvement systems may not be 
culturally appropriate or relevant for Native children, families, and 
child care providers.
Request for Information
    K. Please describe how state administration of CCDF requirements 
impact your Tribal Lead Agency's ability to administer your Tribal CCDF 
program and meet the needs of Native children and families.

Improving Families' Access to Child Care

L. Consumer Education
    All Tribes are exempt from creating a CCDF consumer education 
website given the administrative cost of building a website and the 
lack of reliable high-speed internet in some Tribal areas (45 CFR 
98.83(d)(1)(i)). However, Tribal Lead Agencies with medium or large 
allocations are required to meet some of the CCDF consumer education 
requirements, including maintaining a parental complaint hotline, 
disseminating certain information to parents, providers, and the 
general public on child care services, sharing consumer-friendly and 
easily accessible, provider-specific monitoring reports and provider-
specific consumer education statement with a summary of the Tribe's 
health and safety policies. Tribes with small allocations are exempt 
from all consumer education requirements.
Request for Information
    L. OCC seeks input on the consumer education information 
requirements for Tribal Lead Agencies. Please describe if the amount of 
consumer education information that is required for Tribal Lead 
Agencies creates any barriers or challenges in program administration. 
OCC also seeks feedback on the most appropriate minimum information 
about Tribal CCDF programs and eligible providers that should be shared 
with families and the general public, as well as effective means for 
communicating the information so that they can make informed decisions. 
OCC also welcomes feedback from families participating in Tribally-
administered child care subsidy programs on current consumer education 
resources and if these resources promote transparency and parent 
choice.
M. Eligibility
    Tribal Lead Agencies with small allocations can consider any Native 
child under age 13 in the service area to be eligible for child care 
services automatically (referred to as ``categorical eligibility'') (45 
CFR 98.83(f)(8) & 98.81(b)(1)(i)), and many CCDF Tribal Lead Agencies 
with small allocations utilize this flexibility.
    Tribal Lead Agencies with large or medium allocations are subject 
to standard eligibility requirements unless the tribe's median income 
is below a level established by the Secretary, and therefore to be 
eligible for CCDF services, children must be under age 13, reside with 
a family whose income does not exceed 85 percent of the Grantee Median 
Income (GMI), and reside with parents who are working, attending a job 
training or educational program (45 CFR 98.81(b)). To use categorical 
eligibility, Tribal Lead Agencies with large or medium allocations must 
demonstrate their Tribal Median Income is below 85 percent of State 
Median Income, and that provision for services is delivered to those 
with the highest need. Most Tribal Lead Agencies meet this requirement.
Request for Information
    M. Please describe whether current federal eligibility requirements 
are appropriate for Tribal Lead Agencies and what, if any, changes to 
current federal eligibility requirements would better support the 
implementation of Tribal CCDF programs, including coordination with 
other early care and education programs. Please describe whether 
changes to the eligibility requirements are needed to expand 
opportunity and access to child care and early learning services to 
Tribal Nations and communities.

Increasing Child Care Supply in Tribal Communities

N. Early Childhood Workforce
    ACF's mission is to advance an early childhood sector that meets 
the developmental needs of, and that creates equitable opportunities 
for, children and families. This includes supporting systems that 
attract, prepare, support, and retain a qualified and diverse work 
force. President Biden's Executive order on Increasing Access to High-
Quality Care and Supporting

[[Page 48414]]

Caregivers \13\ also calls for increasing wages and benefits for staff, 
increasing provider payment rates, and improved access to mental health 
supports for the workforce. CCDF provides significant flexibility for 
Tribal Lead Agencies to prioritize CCDF funds for the workforce. OCC 
has heard from many Tribal Lead Agencies that there are oftentimes 
internal challenges to increasing CCDF Tribally Operated Center 
teacher, director, and staff wages and/or in retaining qualified CCDF 
staff.
---------------------------------------------------------------------------

    \13\ Executive Order 14095. April 18, 2023. https://www.govinfo.gov/content/pkg/DCPD-202300309/pdf/DCPD-202300309.pdf.
---------------------------------------------------------------------------

Request for Information
    N1. Compensation. Please describe specific challenges or barriers 
that CCDF rules present for Tribal Lead Agencies increasing child care 
staff wages, benefits, and or provider payment rates. Please describe 
what changes would better support efforts to support the Tribal child 
care workforce.
    N2. Qualifications. Please provide perspectives on child care 
workforce qualifications and what makes for an effective workforce. 
Please describe specific challenges or barriers that CCDF rules present 
for Tribal Lead Agencies in preparing, supporting, and retaining 
qualified CCDF staff.
O. Eligible Child Care Providers
    Eligible child care providers under CCDF include center-based child 
care providers, family child care providers, or in-home child care 
providers that are subject to health and safety requirements and 
monitoring and enforcement procedures (45 CFR 98.2). Relative providers 
are also eligible if they are 18 years of age or older and provide 
child care services only to eligible children who are--by marriage, 
blood relationship, or court decree--the grandchild, great grandchild, 
sibling[s] (if such provider lives in separate residence), niece, or 
nephew of such provider (45 CFR 98.2).
Request for Information
    O. We seek feedback on how the current requirements on eligible 
providers support Tribal CCDF programs and if they create barriers or 
challenges for Tribal Lead Agencies. Are there changes in the eligible 
provider requirements that would better support the implementation of 
Tribal CCDF programs? Are there ways in which the requirements on 
eligible providers undermine Tribal sovereignty and self-determination?
P. Comprehensive Background Checks
    CCDF regulations require Tribes to comply with the same background 
check provisions as states and territories (45 CFR 98.83(d)(3), but the 
Act does not provide Tribes the legal authority to conduct all checks, 
and Tribes face unique challenges directly requesting and accessing 
certain data. This lack of statutory authority and access to conduct 
certain checks impacts public safety not only in Tribal communities but 
across the United States.
Request for Information
    P. We are seeking comment to better understand challenges Tribal 
Nations face to implement the CCDF background check requirements. 
Please describe challenges Tribal Nations face in the implementation of 
comprehensive background checks and recommendations for addressing 
these challenges while ensuring child safety.
Q. Other Topics
    Please describe any other CCDF Tribal regulations and processes 
that interfere with Tribal Nations' child care program implementation 
and/or CCDF policies or regulations not yet addressed in this RFI and 
proposed solution(s).

    Dated: July 24, 2023.
Ruth J. Friedman,
Director, Office of Child Care.
[FR Doc. 2023-15930 Filed 7-26-23; 8:45 am]
BILLING CODE 4184-87-P
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