II 

116TH CONGRESS 

2D SESSION S. 4221 

To provide for grants to support the provision of child care by reopening 

and maintaining the operation of child care programs. 

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2020 

Ms. ERNST (for herself, Mr. ALEXANDER, Mr. CORNYN, Ms. MCSALLY, Mr. 

YOUNG, Mr. TILLIS, Ms. COLLINS, Mr. DAINES, Mr. GARDNER, and Mr. 

BOOZMAN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To provide for grants to support the provision of child care 

by reopening and maintaining the operation of child care 

programs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Back to Work Child 

5 Care Grants Act of 2020’’. 

6 SEC. 2. BACK TO WORK CHILD CARE GRANTS. 

7 (a) PURPOSE.—The purpose of this section is to sup8 port the recovery of the United States economy by pro9 viding assistance to aid in reopening child care programs, 


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1 and maintaining the availability of child care in the United 

2 States, so that parents can access safe care and return 

3 to work. 

4 (b) DEFINITIONS.—In this section: 

5 (1) COVID–19 PUBLIC HEALTH EMERGENCY.— 

6 The term ‘‘COVID–19 public health emergency’’ 

7 means the public health emergency declared by the 

8 Secretary of Health and Human Services under sec9 tion 319 of the Public Health Service Act (42 

10 U.S.C. 247d) on January 31, 2020, with respect to 

11 COVID–19, including any renewal of such declara12 tion. 

13 (2) ELIGIBLE CHILD CARE PROVIDER.—The 

14 term ‘‘eligible child care provider’’ means— 

15 (A) an eligible child care provider as de16 fined in section 658P(6)(A) of the Child Care 

17 and Development Block Grant Act of 1990 (42 

18 U.S.C. 9858n(6)(A)); and 

19 (B) a child care provider that— 

20 (i) is license-exempt and operating le21 gally in the State; 

22 (ii) is not providing child care services 

23 to relatives; and 

24 (iii) satisfies State and local require25 ments, including those referenced in secVerDate Sep 11 2014 02:35 Jul 27, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4221.IS S4221

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1 tion 658E(c)(2)(I) of the Child Care and 

2 Development Block Grant Act of 1990 

3 ((42 U.S.C. 9858c)(c)(2)(I)). 

4 (3) INDIAN TRIBE; TRIBAL ORGANIZATION.— 

5 The terms ‘‘Indian tribe’’ and ‘‘tribal organization’’ 

6 have the meanings given the terms in section 658P 

7 of the Child Care and Development Block Grant Act 

8 of 1990 (42 U.S.C. 9858n). 

9 (4) LEAD AGENCY.—The term ‘‘lead agency’’ 

10 has the meaning given the term in section 658P of 

11 the Child Care and Development Block Grant Act of 

12 1990 (42 U.S.C. 9858n). 

13 (5) QUALIFIED CHILD CARE PROVIDER.—The 

14 term ‘‘qualified child care provider’’ means an eligi15 ble child care provider with an application approved 

16 under subsection (g) for the program involved. 

17 (6) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Health and Human Services. 

19 (7) STATE.—The term ‘‘State’’ has the mean20 ing given the term in section 658P of the Child Care 

21 and Development Block Grant Act of 1990 (42 

22 U.S.C. 9858n). 

23 (c) GRANTS FOR CHILD CARE PROGRAMS.—From 

24 the funds appropriated to carry out this section, the Sec25 retary shall make Back to Work Child Care grants to 


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1 States, Indian tribes, and tribal organizations, that submit 

2 notices of intent to provide assurances under subsection 

3 (d)(2). The grants shall provide for subgrants to qualified 

4 child care providers, for a transition period of not more 

5 than 9 months to assist in paying for fixed costs and in6 creased operating expenses due to COVID–19, and to re7 enroll children in an environment that supports the health 

8 and safety of children and staff. 

9 (d) PROCESS FOR ALLOCATION OF FUNDS.— 

10 (1) ALLOCATION.—Any funds that are appro11 priated to carry out this section shall be distributed 

12 by the Secretary to the Administration for Children 

13 and Families for distribution under the Child Care 

14 and Development Block Grant Act of 1990 (42 

15 U.S.C. 9857 et seq.) in accordance with subsection 

16 (e)(2) of this Act. 

17 (2) NOTICE.—Not later than 7 days after funds 

18 are appropriated to carry out this section, the Sec19 retary shall provide to States, Indian tribes, and 

20 tribal organizations a notice of funding availability, 

21 for Back to Work Child Care grants under sub22 section (c) from allotments and payments under sub23 section (e)(2). The Secretary shall issue a notice of 

24 the funding allocations for each State, Indian tribe, 


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1 and tribal organization not later than 14 days after 

2 funds are appropriated to carry out this section. 

3 (3) NOTICE OF INTENT.—Not later than 14 

4 days after issuance of a notice of funding allocations 

5 under paragraph (1), a State, Indian tribe, or tribal 

6 organization that seeks such a grant shall submit to 

7 the Secretary a notice of intent to provide assur8 ances for such grant. The notice of intent shall in9 clude a certification that the State, Indian tribe, or 

10 tribal organization will repay the grant funds if such 

11 State, Indian tribe, or tribal organization fails to 

12 provide assurances that meet the requirements of 

13 subsection (f) or to comply with such an assurance. 

14 (4) GRANTS TO LEAD AGENCIES.—The Sec15 retary may make grants under subsection (c) to the 

16 lead agency of each State, Indian tribe, or tribal or17 ganization, upon receipt of the notice of intent to 

18 provide assurances for such grant. 

19 (5) PROVISION OF ASSURANCES.—Not later 

20 than 15 days after receiving the grant, the State, In21 dian tribe, or tribal organization shall provide assur22 ances that meet the requirements of subsection (f). 

23 (e) FEDERAL RESERVATION; ALLOTMENTS AND PAY24 MENTS.— 


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1 (1) RESERVATION.—The Secretary shall reserve 

2 not more than 1 percent of the amount appropriated 

3 to carry out this section to pay for the costs of the 

4 Federal administration of this section. The amount 

5 appropriated to carry out this section and reserved 

6 under this paragraph shall remain available through 

7 fiscal year 2021. 

8 (2) ALLOTMENTS AND PAYMENTS.—The Sec9 retary shall use the remaining portion of such 

10 amount to make allotments and payments, to States, 

11 Indian tribes, and tribal organizations that submit 

12 such a notice of intent to provide assurances, in ac13 cordance with paragraphs (1) and (2) of subsection 

14 (a), and subsection (b), of section 658O of the Child 

15 Care and Development Block Grant Act of 1990 (42 

16 U.S.C. 9858m), for the grants described in sub17 section (c). 

18 (f) ASSURANCES.—A State, Indian tribe, or tribal or19 ganization that receives a grant under subsection (c) shall 

20 provide to the Secretary assurances that the lead agency 

21 will— 

22 (1) require as a condition of subgrant funding 

23 under subsection (g) that each eligible child care 

24 provider applying for a subgrant from the lead agen25 cy— 


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1 (A) has been an eligible child care provider 

2 in continuous operation and serving children 

3 through a child care program immediately prior 

4 to March 1, 2020; 

5 (B) agree to follow all applicable State, 

6 local, and tribal health and safety requirements 

7 and, if applicable, enhanced protocols for child 

8 care services and related to COVID–19 or an9 other health or safety condition; 

10 (C) agree to comply with the documenta11 tion and reporting requirements under sub12 section (h); and 

13 (D) certify in good faith that the child care 

14 program of the provider will remain open for 

15 not less than 1 year after receiving such a 

16 subgrant, unless such program is closed due to 

17 extraordinary circumstances, including a state 

18 of emergency declared by the Governor or a 

19 major disaster or emergency declared by the 

20 President under section 401 or 501, respec21 tively, of the Robert T. Stafford Disaster Relief 

22 and Emergency Assistance Act (42 U.S.C. 

23 5170, 5191); 

24 (2) ensure eligible child care providers in urban, 

25 suburban, and rural areas can readily apply for and 


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1 access funding under this section, which shall in2 clude the provision of technical assistance either di3 rectly or through resource and referral agencies or 

4 staffed family child care provider networks; 

5 (3) ensure that subgrant funds are made avail6 able to eligible child care providers regardless of 

7 whether the eligible child care provider is providing 

8 services for which assistance is made available under 

9 the Child Care and Development Block Grant Act of 

10 1990 (42 U.S.C. 9857 et seq.) at the time of appli11 cation for a subgrant; 

12 (4) through at least December 31, 2020, con13 tinue to expend funds provided under the Child Care 

14 and Development Block Grant Act of 1990 (42 

15 U.S.C. 9857 et seq.) for the purpose of continuing 

16 payments and assistance to qualified child care pro17 viders on the basis of applicable reimbursements 

18 prior to March 2020; 

19 (5) undertake a review of burdensome State, 

20 local, and tribal regulations and requirements that 

21 hinder the opening of new licensed child care pro22 grams to meet the needs of the working families in 

23 the State or tribal community, as applicable; 


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1 (6) make available to the public, which shall in2 clude, at a minimum, posting to an internet website 

3 of the lead agency— 

4 (A) notice of funding availability through 

5 subgrants for qualified child care providers 

6 under this section; and 

7 (B) the criteria for awarding subgrants for 

8 qualified child care providers, including the 

9 methodology the lead agency used to determine 

10 and disburse funds in accordance with subpara11 graphs (D) and (E) of subsection (g)(4); and 

12 (7) ensure the maintenance of a delivery system 

13 of child care services throughout the State that pro14 vides for child care in a variety of settings, including 

15 the settings of family child care providers. 

16 (g) LEAD AGENCY USE OF FUNDS.— 

17 (1) IN GENERAL.—A lead agency that receives 

18 a Back to Work Child Care grant under this sec19 tion— 

20 (A) shall use a portion that is not less 

21 than 94 percent of the grant funds to award 

22 subgrants to qualified child care providers as 

23 described in the lead agency’s assurances pur24 suant to subsection (f); 


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1 (B) shall reserve not more than 6 percent 

2 of the funds to— 

3 (i) use not less than 1 percent of the 

4 funds to provide technical assistance and 

5 support in applying for and accessing 

6 funding through such subgrants to eligible 

7 child care providers, including to rural pro8 viders, family child care providers, and 

9 providers with limited administrative ca10 pacity; and 

11 (ii) use the remainder of the reserved 

12 funds to— 

13 (I) administer subgrants to quali14 fied child care providers under para15 graph (4), which shall include moni16 toring the compliance of qualified 

17 child care providers with applicable 

18 State, local, and tribal health and 

19 safety requirements; and 

20 (II) comply with the reporting 

21 and documentation requirements de22 scribed in subsection (h); and 

23 (C)(i) shall not make more than 1 

24 subgrant under paragraph (4) to a child care 

25 provider, except as described in clause (ii); and 


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1 (ii) may make multiple subgrants to a 

2 qualified child care provider, if the lead agency 

3 makes each subgrant individually for 1 child 

4 care program operated by the provider and the 

5 funds from the multiple subgrants are not 

6 pooled for use for more than 1 of the programs. 

7 (2) ROLE OF THIRD PARTY.—The lead agency 

8 may designate a third party, such as a child care re9 source and referral agency, to carry out the respon10 sibilities of the lead agency, and oversee the activi11 ties conducted by qualified child care providers 

12 under this subsection. 

13 (3) OBLIGATION AND RETURN OF FUNDS.— 

14 (A) OBLIGATION.— 

15 (i) IN GENERAL.—The lead agency 

16 shall obligate at least 50 percent of the 

17 grant funds in the portion described in 

18 paragraph (1)(A) for subgrants to quali19 fied child care providers by the day that is 

20 6 months after the date of enactment of 

21 this Act. 

22 (ii) WAIVERS.—At the request of a 

23 State, Indian tribe, or tribal organization, 

24 and for good cause shown, the Secretary 

25 may waive the requirement under clause (i) 


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1 for the State, Indian tribe, or tribal orga2 nization. 

3 (B) RETURN OF FUNDS.—Not later than 

4 the date that is 12 months after a grant is 

5 awarded to a lead agency in accordance with 

6 this section, the lead agency shall return to the 

7 Secretary any of the grant funds that are not 

8 obligated by the lead agency by such date. The 

9 Secretary shall return any funds received under 

10 this subparagraph to the Treasury of the 

11 United States. 

12 (4) SUBGRANTS.— 

13 (A) IN GENERAL.—A lead agency that re14 ceives a grant under subsection (c) shall make 

15 subgrants to qualified child care providers to 

16 assist in paying for fixed costs and increased 

17 operating expenses, for a transition period of 

18 not more than 9 months, so that parents have 

19 a safe place for their children to receive child 

20 care as the parents return to the workplace. 

21 (B) USE OF FUNDS.—A qualified child 

22 care provider may use subgrant funds for— 

23 (i) sanitation and other costs associ24 ated with cleaning the facility, including 

25 deep cleaning in the case of an outbreak of 


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1 COVID–19, of a child care program used 

2 to provide child care services; 

3 (ii) recruiting, retaining, and compen4 sating child care staff, including providing 

5 professional development to the staff re6 lated to child care services and applicable 

7 State, local, and tribal health and safety 

8 requirements and, if applicable, enhanced 

9 protocols for child care services and related 

10 to COVID–19 or another health or safety 

11 condition; 

12 (iii) paying for fixed operating costs 

13 associated with providing child care serv14 ices, including the costs of payroll, the con15 tinuation of existing (as of March 1, 2020) 

16 employee benefits, mortgage or rent, utili17 ties, and insurance; 

18 (iv) acquiring equipment and supplies 

19 (including personal protective equipment) 

20 necessary to provide child care services in 

21 a manner that is safe for children and 

22 staff in accordance with applicable State, 

23 local, and tribal health and safety require24 ments; 


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1 (v) replacing materials that are no 

2 longer safe to use as a result of the 

3 COVID–19 public health emergency; 

4 (vi) making facility changes and re5 pairs to address enhanced protocols for 

6 child care services related to COVID–19 or 

7 another health or safety condition, to en8 sure children can safely occupy a child care 

9 facility; 

10 (vii) purchasing or updating equip11 ment and supplies to serve children during 

12 nontraditional hours; 

13 (viii) adapting the child care program 

14 or curricula to accommodate children who 

15 have not had recent access to a child care 

16 setting; 

17 (ix) carrying out any other activity re18 lated to the child care program of a quali19 fied child care provider; and 

20 (x) reimbursement of expenses in21 curred before the provider received a 

22 subgrant under this paragraph, if the use 

23 for which the expenses are incurred is de24 scribed in any of clauses (i) though (ix) 


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1 and is disclosed in the subgrant application 

2 for such subgrant. 

3 (C) SUBGRANT APPLICATION.—To be 

4 qualified to receive a subgrant under this para5 graph, an eligible child care provider shall sub6 mit an application to the lead agency in such 

7 form and containing such information as the 

8 lead agency may reasonably require, includ9 ing— 

10 (i) a budget plan that includes— 

11 (I) information describing how 

12 the eligible child care provider will use 

13 the subgrant funds to pay for fixed 

14 costs and increased operating ex15 penses, including, as applicable, pay16 roll, employee benefits, mortgage or 

17 rent, utilities, and insurance, de18 scribed in subparagraph (B)(iii); 

19 (II) data on current operating 

20 capacity, taking into account previous 

21 operating capacity for a period of time 

22 prior to the COVID–19 public health 

23 emergency, and updated group size 

24 limits and staff-to-child ratios; 


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1 (III) child care enrollment, at2 tendance, and revenue projections 

3 based on current operating capacity 

4 and previous enrollment and revenue 

5 for the period described in subclause 

6 (II); and 

7 (IV) a demonstration of how the 

8 subgrant funds will assist in pro9 moting the long-term viability of the 

10 eligible child care provider and how 

11 the eligible child care provider will 

12 sustain its operations after the ces13 sation of funding under this section; 

14 (ii) assurances that the eligible child 

15 care provider will— 

16 (I) report to the lead agency, be17 fore every month for which the 

18 subgrant funds are to be received, 

19 data on current financial characteris20 tics, including revenue, and data on 

21 current average enrollment and at22 tendance; 

23 (II) not artificially suppress rev24 enue, enrollment, or attendance for 


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1 the purposes of receiving subgrant 

2 funding; 

3 (III) provide the necessary docu4 mentation under subsection (h) to the 

5 lead agency, including providing docu6 mentation of expenditures of subgrant 

7 funds; and 

8 (IV) implement all applicable 

9 State, local, and tribal health and 

10 safety requirements and, if applicable, 

11 enhanced protocols for child care serv12 ices and related to COVID–19 or an13 other health or safety condition; and 

14 (iii) a certification in good faith that 

15 the child care program will remain open 

16 for not less than 1 year after receiving a 

17 subgrant under this paragraph, unless 

18 such program is closed due to extraor19 dinary circumstances described in sub20 section (f)(1)(D). 

21 (D) SUBGRANT DISBURSEMENT.—In pro22 viding funds through a subgrant under this 

23 paragraph— 

24 (i) the lead agency shall— 


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1 (I) disburse such subgrant funds 

2 to a qualified child care provider in 

3 installments made not less than once 

4 monthly; 

5 (II) disburse a subgrant install6 ment for a month after the qualified 

7 child care provider has provided, be8 fore that month, the enrollment, at9 tendance, and revenue data required 

10 under subparagraph (C)(ii)(I) and, if 

11 applicable, current operating capacity 

12 data required under subparagraph 

13 (C)(i)(II); and 

14 (III) make subgrant installments 

15 to any qualified child care provider for 

16 a period of not more than 9 months; 

17 and 

18 (ii) the lead agency may, notwith19 standing subparagraph (E)(i), disburse an 

20 initial subgrant installment to a provider 

21 in a greater amount than that subpara22 graph provides for, and adjust the suc23 ceeding installments, as applicable. 

24 (E) SUBGRANT INSTALLMENT AMOUNT.— 

25 The lead agency— 


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1 (i) shall determine the amount of a 

2 subgrant installment under this paragraph 

3 by basing the amount on— 

4 (I)(aa) at a minimum, the fixed 

5 costs associated with the provision of 

6 child care services by a qualified child 

7 care provider; and 

8 (bb) at the election of the lead 

9 agency, an additional amount deter10 mined by the State, for the purposes 

11 of assisting qualified child care pro12 viders with, as applicable, increased 

13 operating costs and lost revenue, asso14 ciated with the COVID–19 public 

15 health emergency; and 

16 (II) any other methodology that 

17 the lead agency determines to be ap18 propriate, and which is disclosed in 

19 reporting submitted by the lead agen20 cy under subsection (f)(6)(B); 

21 (ii) shall ensure that, for any period 

22 for which subgrant funds are disbursed 

23 under this paragraph, no qualified child 

24 care provider receives a subgrant install25 ment that when added to current revenue 


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1 for that period exceeds the revenue for the 

2 corresponding period 1 year prior; and 

3 (iii) may factor in decreased operating 

4 capacity due to updated group size limits 

5 and staff-to-child ratios, in determining 

6 subgrant installment amounts. 

7 (F) REPAYMENT OF SUBGRANT FUNDS.— 

8 A qualified child care provider that receives a 

9 subgrant under this paragraph shall be required 

10 to repay the subgrant funds if the lead agency 

11 determines that the provider fails to provide the 

12 assurances described in subparagraph 

13 (C)(ii)(II), or to comply with such an assur14 ance. 

15 (5) SUPPLEMENT NOT SUPPLANT.—Amounts 

16 made available to carry out this section shall be used 

17 to supplement and not supplant other Federal, 

18 State, tribal, and local public funds expended to pro19 vide child care services, including funds provided 

20 under the Child Care and Development Block Grant 

21 Act of 1990 (42 U.S.C. 9857 et seq.) and State and 

22 tribal child care programs. 

23 (h) DOCUMENTATION AND REPORTING REQUIRE24 MENTS.— 


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1 (1) DOCUMENTATION.—A State, Indian tribe, 

2 or tribal organization receiving a grant under sub3 section (c) shall provide documentation of any State 

4 or tribal expenditures from grant funds received 

5 under subsection (c) in accordance with section 

6 658K(b) of the Child Care Development Block 

7 Grant Act of 1990 (42 U.S.C. 9858i(b)), and to the 

8 independent entity described in that section. 

9 (2) REPORTS.— 

10 (A) LEAD AGENCY REPORT.—A lead agen11 cy receiving a grant under subsection (c) shall, 

12 not later than 12 months after receiving such 

13 grant, submit a report to the Secretary that in14 cludes for the State or tribal community in15 volved a description of the program of sub16 grants carried out to meet the objectives of this 

17 section, including— 

18 (i) a description of how the lead agen19 cy determined— 

20 (I) the criteria for awarding sub21 grants for qualified child care pro22 viders, including the methodology the 

23 lead agency used to determine and 

24 disburse funds in accordance with 


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1 subparagraphs (D) and (E) of sub2 section (g)(4); and 

3 (II) the types of providers that 

4 received priority for the subgrants, in5 cluding considerations related to— 

6 (aa) setting; 

7 (bb) average monthly reve8 nues, enrollment, and attendance, 

9 before and during the COVID–19 

10 public health emergency and 

11 after the expiration of State, 

12 local, and tribal stay-at-home or13 ders; and 

14 (cc) geographically based 

15 child care service needs across 

16 the State or tribal community; 

17 and 

18 (ii) the number of eligible child care 

19 providers in operation and serving children 

20 on March 1, 2020, and the average num21 ber of such providers for March 2020 and 

22 each of the 11 months following, disaggre23 gated by age of children served, geography, 

24 region, center-based child care setting, and 

25 family child care setting; 


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1 (iii) the number of child care slots, in 

2 the capacity of a qualified child care pro3 vider given applicable group size limits and 

4 staff-to-child ratios, that were open for at5 tendance of children on March 1, 2020, 

6 the average number of such slots for 

7 March 2020 and each of 11 months fol8 lowing, disaggregated by age of children 

9 served, geography, region, center-based 

10 child care setting, and family child care 

11 setting; 

12 (iv)(I) the number of qualified child 

13 care providers that received a subgrant 

14 under subsection (g)(4), disaggregated by 

15 age of children served, geography, region, 

16 center-based child care setting, and family 

17 child care setting, and the average and 

18 range of the amounts of the subgrants 

19 awarded; and 

20 (II) the percentage of all eligible child 

21 care providers that are qualified child care 

22 providers that received such a subgrant, 

23 disaggregated as described in subclause 

24 (I); and 


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1 (v) information concerning how quali2 fied child care providers receiving sub3 grants under subsection (g)(4) used the 

4 subgrant funding received, disaggregated 

5 by the allowable uses of funds described in 

6 subsection (g)(4)(B). 

7 (B) REPORT TO CONGRESS.—Not later 

8 than 90 days after receiving the lead agency re9 ports required under subparagraph (A), the 

10 Secretary shall make publicly available and pro11 vide to the Committee on Health, Education, 

12 Labor, and Pensions of the Senate and the 

13 Committee on Education and Labor of the 

14 House of Representatives a report summarizing 

15 the findings of the lead agency reports. 

16 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated such sums as may be 

18 necessary to carry out the activities under this Act. 

Æ 


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