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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9811 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9811

    To provide assistance with respect to child care infrastructure.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2024

 Ms. Clark of Massachusetts (for herself, Ms. Bonamici, Mr. Gomez, Ms. 
  McClellan, Ms. Pettersen, and Ms. Tokuda) introduced the following 
      bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
    To provide assistance with respect to child care infrastructure.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Care Infrastructure Act''.

SEC. 2. INFRASTRUCTURE GRANTS TO IMPROVE CHILD CARE SAFETY.

    (a) In General.--Part A of title IV of the Social Security Act (42 
U.S.C. 601 et seq.) is amended by inserting after section 418 the 
following:

``SEC. 418A. INFRASTRUCTURE GRANTS TO IMPROVE CHILD CARE SAFETY.

    ``(a) Short Title.--This section may be cited as the 
`Infrastructure Grants To Improve Child Care Safety Act'.
    ``(b) Needs Assessments.--
            ``(1) Immediate needs assessment.--
                    ``(A) In general.--The Secretary shall conduct an 
                immediate needs assessment of the condition of child 
                care facilities throughout the United States (with 
                priority given to child care programs that receive 
                Federal funds), that--
                            ``(i) considers the infrastructure needs, 
                        as of the date of the enactment of this 
                        section, of a variety of child care centers, 
                        including home-based centers; and
                            ``(ii) considers how the COVID-19 pandemic 
                        has impacted specific metrics, such as--
                                    ``(I) capacity;
                                    ``(II) investments in 
                                infrastructure changes;
                                    ``(III) the types of infrastructure 
                                changes centers need to implement and 
                                their associated costs;
                                    ``(IV) the price of tuition; and
                                    ``(V) any changes or anticipated 
                                changes in the number and demographic 
                                of children attending.
                    ``(B) Timing.--The immediate needs assessment 
                should occur simultaneously with the first grant-making 
                cycle under subsection (c).
                    ``(C) Report.--Not later than 1 year after the date 
                of the enactment of this section, the Secretary shall 
                submit to the Congress a report containing the result 
                of the needs assessment conducted under subparagraph 
                (A), and make the assessment publicly available.
            ``(2) Long-term needs assessment.--
                    ``(A) In general.--The Secretary shall conduct a 
                long-term assessment of the condition of child care 
                facilities throughout the United States (with priority 
                given to child care programs that receive Federal 
                funds). The assessment may be conducted through 
                representative random sampling.
                    ``(B) Report.--Not later than 4 years after the 
                date of the enactment of this section, the Secretary 
                shall submit to the Congress a report containing the 
                results of the needs assessment conducted under 
                subparagraph (A), and make the assessment publicly 
                available.
    ``(c) Child Care Facilities Grants.--
            ``(1) Grants to states.--
                    ``(A) In general.--The Secretary may award grants 
                to States for the purpose of acquiring, constructing, 
                renovating, or improving child care facilities.
                    ``(B) Prioritized facilities.--The Secretary may 
                not award a grant to a State under subparagraph (A) 
                unless the State involved agrees, with respect to the 
                use of grant funds, to prioritize--
                            ``(i) child care facilities primarily 
                        serving low-income populations;
                            ``(ii) child care facilities primarily 
                        serving children who have not attained the age 
                        of 5 years with a significant percentage of 
                        infants and toddlers enrolled;
                            ``(iii) child care facilities that--
                                    ``(I) are currently unable to serve 
                                young children, had to significantly 
                                reduce capacity, or are unable to serve 
                                more children, due to factors such as 
                                the inadequate condition, quality, or 
                                availability of facilities; or
                                    ``(II) are seeking to build 
                                capacity and expand the number of 
                                children served;
                            ``(iv) child care facilities that operate 
                        under nontraditional hours; and
                            ``(v) child care facilities located in 
                        rural or underserved communities.
                    ``(C) Duration of grants.--A grant under this 
                subsection shall be awarded for a period of not more 
                than 5 years.
                    ``(D) Application.--To seek a grant under this 
                subsection, a State shall submit to the Secretary an 
                application at such time, in such manner, and 
                containing such information as the Secretary may 
                require, which information shall--
                            ``(i) be disaggregated as the Secretary may 
                        require; and
                            ``(ii) include a plan to use a portion of 
                        the grant funds to report back to the Secretary 
                        on the impact of using the grant funds to 
                        improve child care facilities.
                    ``(E) Priority.--In selecting States for grants 
                under this subsection, the Secretary shall prioritize 
                States that--
                            ``(i) plan to improve center-based and 
                        home-based child care programs, which may 
                        include a combination of child care and early 
                        Head Start or Head Start programs;
                            ``(ii) aim to meet specific needs across 
                        urban, suburban, or rural areas as determined 
                        by the State, such as prioritizing improvements 
                        to programs that serve children from families 
                        with low incomes or children with disabilities; 
                        and
                            ``(iii) show evidence of collaboration 
                        with--
                                    ``(I) local government officials;
                                    ``(II) other State agencies;
                                    ``(III) nongovernmental 
                                organizations, such as--
                                            ``(aa) organizations within 
                                        the philanthropic community;
                                            ``(bb) certified community 
                                        development financial 
                                        institutions as defined in 
                                        section 103 of the Community 
                                        Development Banking and 
                                        Financial Institutions Act of 
                                        1994 (12 U.S.C. 4702) that have 
                                        been certified by the Community 
                                        Development Financial 
                                        Institutions Fund (12 U.S.C. 
                                        4703); and
                                            ``(cc) organizations that 
                                        have demonstrated experience 
                                        in--

                                                    ``(AA) providing 
                                                technical or financial 
                                                assistance for the 
                                                acquisition, 
                                                construction, 
                                                renovation, or 
                                                improvement of child 
                                                care facilities;

                                                    ``(BB) providing 
                                                technical, financial, 
                                                or managerial 
                                                assistance to child 
                                                care providers; and

                                                    ``(CC) securing 
                                                private sources of 
                                                capital financing for 
                                                child care facilities 
                                                or other low-income 
                                                community development 
                                                projects; and

                                    ``(IV) local community 
                                organizations, such as--
                                            ``(aa) child care 
                                        providers;
                                            ``(bb) community care 
                                        agencies;
                                            ``(cc) resource and 
                                        referral agencies; and
                                            ``(dd) unions.
                    ``(F) Consideration.--In selecting States for 
                grants under this subsection, the Secretary shall 
                consider--
                            ``(i) whether the applicant--
                                    ``(I) has or is developing a plan 
                                to address child care facility needs; 
                                and
                                    ``(II) demonstrates the capacity to 
                                execute such a plan; and
                            ``(ii) after the date the report required 
                        by subsection (b)(1)(C) is submitted to the 
                        Congress, the needs of the applicants based on 
                        the results of the assessment.
                    ``(G) Diversity of awards.--In awarding grants 
                under this section, the Secretary shall give equal 
                consideration to States with varying capacities under 
                subparagraph (F).
                    ``(H) Matching requirement.--
                            ``(i) In general.--As a condition for the 
                        receipt of a grant under subparagraph (A), a 
                        State that is not an Indian tribe shall agree 
                        to make available (directly or through 
                        donations from public or private entities) 
                        contributions with respect to the cost of the 
                        activities to be carried out pursuant to 
                        subparagraph (A), which may be provided in cash 
                        or in kind, in an amount equal to 10 percent of 
                        the funds provided through the grant.
                            ``(ii) Determination of amount 
                        contributed.--Contributions required by clause 
                        (i) may include--
                                    ``(I) amounts provided by the 
                                Federal Government, or services 
                                assisted or subsidized to any 
                                significant extent by the Federal 
                                Government; or
                                    ``(II) philanthropic or private-
                                sector funds.
                    ``(I) Report.--Not later than 1 year after the last 
                day of the grant period, a State receiving a grant 
                under this paragraph shall submit a report to the 
                Secretary as described in subparagraph (D)--
                            ``(i) to determine the effects of the grant 
                        in constructing, renovating, or improving child 
                        care facilities, including any changes in 
                        response to the COVID-19 pandemic and any 
                        effects on access to and quality of child care; 
                        and
                            ``(ii) to provide such other information as 
                        the Secretary may require.
                    ``(J) Amount limit.--The annual amount of a grant 
                under this paragraph may not exceed $35,000,000.
            ``(2) Grants to intermediary organizations.--
                    ``(A) In general.--The Secretary may award grants 
                to intermediary organizations, such as certified 
                community development financial institutions, tribal 
                organizations, or other organizations with demonstrated 
                experience in child care facilities financing, for the 
                purpose of providing technical assistance, capacity-
                building, and financial products to develop or finance 
                child care facilities.
                    ``(B) Application.--A grant under this paragraph 
                may be made only to intermediary organizations that 
                submit to the Secretary an application at such time, in 
                such manner, and containing such information as the 
                Secretary may require.
                    ``(C) Priority.--In selecting intermediary 
                organizations for grants under this subsection, the 
                Secretary shall prioritize intermediary organizations 
                that--
                            ``(i) demonstrate experience in child care 
                        facility financing or related community 
                        facility financing;
                            ``(ii) demonstrate the capacity to assist 
                        States and local governments in developing 
                        child care facilities and programs;
                            ``(iii) demonstrate the ability to leverage 
                        grant funding to support financing tools to 
                        build the capacity of child care providers, 
                        such as through credit enhancements;
                            ``(iv) propose to focus on child care 
                        facilities that operate under nontraditional 
                        hours;
                            ``(v) propose to meet a diversity of needs 
                        across States and across urban, suburban, and 
                        rural areas at varying types of center-based, 
                        home-based, and other child care settings, 
                        including early care programs located in 
                        freestanding buildings or in mixed-use 
                        properties; and
                            ``(vi) propose to focus on child care 
                        facilities primarily serving low-income 
                        populations and children who have not attained 
                        the age of 5 years.
                    ``(D) Amount limit.--The amount of a grant under 
                this paragraph may not exceed $10,000,000.
            ``(3) Report.--Not later than the end of fiscal year 2029, 
        the Secretary shall submit to the Congress a report on the 
        effects of the grants provided under this subsection, and make 
        the report publicly accessible.
    ``(d) Labor Standards for All Grants.--The Secretary shall require 
that each entity, including grantees and subgrantees, that applies for 
an infrastructure grant for constructing, renovating, or improving 
child care facilities, including adapting, reconfiguring, or expanding 
such facilities, which is funded in whole or in part under this 
section, shall include in its application written assurance that all 
laborers and mechanics employed by contractors or subcontractors in the 
performance of construction, alternation or repair, as part of such 
project, shall be paid wages at rates not less than those prevailing on 
similar work in the locality as determined by the Secretary of Labor in 
accordance with subchapter IV of chapter 31 of part A of subtitle II of 
title 40, United States Code (commonly referred to as the `Davis-Bacon 
Act'), and with respect to the labor standards specified in such 
subchapter the Secretary of Labor shall have the authority and 
functions set forth in Reorganization Plan Numbered 14 of 1950 (15 Fed. 
Reg. 3176; 5 U.S.C. App.).
    ``(e) Limitations on Authorization of Appropriations.--
            ``(1) In general.--To carry out this section, there is 
        authorized to be appropriated $10,000,000,000 for fiscal year 
        2025, which shall remain available through fiscal year 2029.
            ``(2) Reservations of funds.--
                    ``(A) Indian tribes.--The Secretary shall reserve 3 
                percent of the total amount made available to carry out 
                this section, for payments to Indian tribes.
                    ``(B) Territories.--The Secretary shall reserve 3 
                percent of the total amount made available to carry out 
                this section, for payments to territories.
            ``(3) Grants for intermediary organizations.--Not less than 
        10 percent and not more than 15 percent of the total amount 
        made available to carry out this section may be used to carry 
        out subsection (c)(2).
            ``(4) Limitation on use of funds for needs assessments.--
        Not more than $5,000,000 of the amounts made available to carry 
        out this section may be used to carry out subsection (b).
    ``(f) Definition of State.--In this section, the term `State' has 
the meaning provided in section 419, except that it includes the 
Commonwealth of the Northern Mariana Islands and any Indian tribe.''.
    (b) Exemption of Territory Grants From Limitation on Total Payments 
to the Territories.--Section 1108(a)(2) of such Act (42 U.S.C. 
1308(a)(2)) is amended by inserting ``418A(c),'' after ``413(f),''.
                                 <all>
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