II 

116TH CONGRESS 

2D SESSION S. 4688 

To amend title IV of the Social Security Act to provide funding to sustain 

and increase the supply, quality, and affordability of child care, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 24, 2020 

Mr. WYDEN (for himself, Mr. CASEY, and Mr. BROWN) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend title IV of the Social Security Act to provide 

funding to sustain and increase the supply, quality, and 

affordability of child care, and for other purposes. 

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 ‘‘Rebuilding a Better 

5 Child Care Infrastructure Act’’. 


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1 SEC. 2. INCREASED FUNDING FOR THE CHILD CARE ENTI2 TLEMENT TO STATES. 

3 (a) FISCAL YEARS 2021 THROUGH 2025.—Section 

4 418(a)(3) of the Social Security Act (42 U.S.C. 618(a)(3)) 

5 is amended to read as follows: 

6 ‘‘(3) APPROPRIATION.—For grants under this 

7 subsection, there are appropriated $5,917,000,000 

8 for each of fiscal years 2021 through 2025.’’. 

9 (b) PAYMENTS TO BENEFIT CHILDREN IN THE TER10 RITORIES.— 

11 (1) ELIGIBILITY.—Section 418(a) of such Act 

12 (42 U.S.C. 618(a)) is amended— 

13 (A) by redesignating paragraph (5) as 

14 paragraph (8); and 

15 (B) by inserting after paragraph (4), the 

16 following: 

17 ‘‘(5) TERRITORIES.— 

18 ‘‘(A) IN GENERAL.—Beginning with fiscal 

19 year 2021, the Secretary shall reserve 2 percent 

20 of the aggregate amount appropriated to carry 

21 out this subsection in each fiscal year for pay22 ments to the Commonwealth of Puerto Rico, 

23 the United States Virgin Islands, Guam, Amer24 ican Samoa, and the Commonwealth of the 

25 Northern Mariana Islands (in this paragraph 

26 referred to as the ‘territories’). 


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1 ‘‘(B) ALLOTMENTS.—The amount reserved 

2 under subparagraph (A) for a fiscal year shall 

3 be allotted among the territories in amounts 

4 that bear the same proportion to the amount so 

5 reserved as the amount of the payment made to 

6 each such territory for the most recently pre7 ceding fiscal year to carry out the Child Care 

8 and Development Block Grant Act of 1990 

9 bears to the total amount paid to all such terri10 tories for such purpose for that fiscal year. 

11 ‘‘(C) OTHER RULES.— 

12 ‘‘(i) NO MATCHING REQUIREMENT.— 

13 No cash or in-kind matching requirement 

14 shall apply to the amounts provided to the 

15 territories under this paragraph for any 

16 fiscal year. 

17 ‘‘(ii) REDISTRIBUTION OF UNUSED

18 FUNDS.—Subparagraph (D) of paragraph 

19 (2) shall apply to the amounts allotted to 

20 the territories under this paragraph for a 

21 fiscal year in the same manner as that 

22 subparagraph applies to amounts allotted 

23 to the 50 States and the District of Co24 lumbia for a fiscal year under paragraph 

25 (2)(B), except that, the second sentence of 


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1 clause (i) of such subparagraph shall not 

2 apply and the amounts allotted to the ter3 ritories that are available for redistribution 

4 for a fiscal year shall be redistributed to 

5 each territory that applies for such 

6 amounts, to the extent the Secretary deter7 mines that the territory will be able to use 

8 such additional amounts to provide child 

9 care assistance, in an amount that bears 

10 the same proportion to the amount so 

11 available for redistribution as the amount 

12 allotted to the territory for the fiscal year 

13 bears to the total amount allotted to all the 

14 territories receiving redistributed funds 

15 under this paragraph for the fiscal year. 

16 ‘‘(iii) USE OF FUNDS; APPLICATION

17 OF CHILD CARE AND DEVELOPMENT

18 BLOCK GRANT ACT OF 1990.—Except as 

19 provided in clause (iv), subsections (b) and 

20 (c) apply to amounts provided to a terri21 tory under this paragraph for a fiscal year 

22 in the same manner as such subsections 

23 apply to amounts provided to a State 

24 under this subsection for the fiscal year. 


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1 ‘‘(iv) EXCEPTION.—Paragraph (2) of 

2 subsection (b) shall not apply to the 

3 amounts provided to any territory under 

4 this paragraph for any fiscal year.’’. 

5 (2) DISREGARD FROM LIMITATION ON TOTAL

6 PAYMENTS TO TERRITORIES.—Section 1108(a)(2) of 

7 the Social Security Act (42 U.S.C. 1308(a)(2)) is 

8 amended by inserting ‘‘418(a)(5),’’ after ‘‘413(f)’’. 

9 (c) PAYMENTS TO BENEFIT INDIAN CHILDREN.— 

10 Paragraph (4) of section 418(a) of such Act (42 U.S.C. 

11 618(a)(4)) is amended to read as follows: 

12 ‘‘(4) INDIAN TRIBES.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 reserve not less than 3 percent of the aggregate 

15 amount appropriated to carry out this sub16 section in each fiscal year for payments to In17 dian tribes and tribal organizations. 

18 ‘‘(B) REDISTRIBUTION OF UNUSED

19 FUNDS.—The Secretary shall determine an ap20 propriate procedure for redistributing payments 

21 made to Indian tribes and tribal organizations 

22 under this paragraph for a fiscal year which the 

23 Secretary determines will not be used during 

24 the period in which such payments are available 

25 to be obligated to each Indian tribe and tribal 


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1 organization that applies for such amounts, to 

2 the extent the Secretary determines that the In3 dian tribe or tribal organization will be able to 

4 use such additional amounts to provide child 

5 care assistance.’’. 

6 (d) RESERVATION OF FUNDS FOR TECHNICAL AS7 SISTANCE AND EVALUATION.—Section 418(a) of such Act 

8 (42 U.S.C. 618(a)), as amended by subsection (b)(1), is 

9 amended by inserting after paragraph (5), the following: 

10 ‘‘(6) TECHNICAL ASSISTANCE.—Beginning with 

fiscal year 2021, the Secretary shall reserve up to 1 11 ⁄2

12 of 1 percent of the aggregate amount appropriated 

13 to carry out this subsection in each fiscal year to 

14 support technical assistance and dissemination ac15 tivities under paragraphs (3) and (4) of section 

16 658I(a) of the Child Care and Development Block 

17 Grant Act of 1990. 

18 ‘‘(7) RESEARCH, DEMONSTRATION, AND EVAL19 UATION.—Beginning with fiscal year 2021, the Secretary may reserve 1 20 ⁄2 of 1 percent of the of the ag21 gregate amount appropriated to carry out this sub22 section in each fiscal year to conduct research and 

23 demonstration activities, as well as periodic external, 

24 independent evaluations of the impact of the Child 

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1 lished under subchapter C of chapter 8 of title VI 

2 of the Omnibus Budget Reconciliation Act of 1981 

3 (Public Law 97–35), as carried out under this sub4 section and under such subchapter, on increasing ac5 cess to child care services and improving the safety 

6 and quality of child care services, using scientifically 

7 valid research methodologies, and to disseminate the 

8 key findings of those evaluations widely and on a 

9 timely basis.’’. 

10 (e) REMOVAL OF RESTRICTION ON APPLICATION OF

11 UPDATED FMAP.—Section 418(a)(2)(C) of such Act (42 

12 U.S.C. 618(a)(2)(C)) is amended by striking ‘‘, as such 

13 section was in effect on September 30, 1995’’. 

14 (f) TECHNICAL AND CONFORMING AMENDMENTS.— 

15 Section 418(a) of such Act (42 U.S.C. 618(a)) is amend16 ed— 

17 (1) in paragraph (2)(A), by striking ‘‘reserva18 tion described in paragraph (4)’’ and inserting ‘‘res19 ervations described in paragraphs (4), (5), (6), and 

20 (7)’’; and 

21 (2) in paragraph (8), (as redesignated by sub22 section (b)(1)(A)), by inserting ‘‘(as in effect before 

23 June 30, 2003)’’ after ‘‘section 403(a)(1)(D)’’. 


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1 SEC. 3. PANDEMIC CHILD CARE ASSISTANCE GRANTS. 

2 (a) IN GENERAL.—Section 418 of the Social Security 

3 Act (42 U.S.C. 618) is amended by adding at the end the 

4 following: 

5 ‘‘(e) PANDEMIC CHILD CARE ASSISTANCE

6 GRANTS.— 

7 ‘‘(1) IN GENERAL.—Except as otherwise pro8 vided in this subsection, the preceding provisions of 

9 this section shall not apply to this subsection. 

10 ‘‘(2) APPROPRIATIONS.— 

11 ‘‘(A) GRANTS.—For pandemic child care 

12 assistance grants under this subsection, there 

13 are appropriated $10,000,000,000 for fiscal 

14 year 2021. 

15 ‘‘(B) ADMINISTRATIVE EXPENSES; TECH16 NICAL ASSISTANCE.—For administrative ex17 penses of the Secretary in administering this 

18 subsection, and for providing technical assist19 ance to States and Indian tribes and tribal or20 ganizations with respect to the pandemic child 

21 care assistance grants authorized under this 

22 subsection, there are appropriated $50,000,000 

23 for the period of fiscal years 2021 through 

24 2022. 

25 ‘‘(3) ENTITLEMENT TO GRANTS.— 


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1 ‘‘(A) IN GENERAL.—Each State and each 

2 Indian tribe and tribal organization that re3 ceived a payment under subsection (a)(4) for 

4 fiscal year 2021, shall be entitled to be paid a 

5 pandemic child care assistance grant under this 

6 subsection for fiscal year 2021 from the amount 

7 appropriated under paragraph (2) for fiscal 

8 year 2021. 

9 ‘‘(B) ALLOTMENTS.—From the amount 

10 appropriated under paragraph (2) for fiscal 

11 year 2021, the Secretary shall make the fol12 lowing allotments: 

13 ‘‘(i) INDIAN TRIBES.—An amount 

14 equal to 2 percent of the amount so appro15 priated shall be reserved to pay pandemic 

16 child care assistance grants for fiscal year 

17 2021 under this subsection to Indian tribes 

18 and tribal organizations that received a 

19 payment under subsection (a)(4) for fiscal 

20 year 2021 in amounts that bear the same 

21 proportion to the amount so reserved as 

22 the amount of the payment made to each 

23 such Indian tribe and tribal organization 

24 under subsection (a)(4) for fiscal year 

25 2021 bears to the total amount reserved 


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1 for such payments under subsection (a)(4) 

2 for fiscal year 2021. 

3 ‘‘(ii) TERRITORIES.—An amount 

4 equal to 2 percent of the amount so appro5 priated shall be reserved to pay pandemic 

6 child care assistance grants for fiscal year 

7 2021 under this subsection to each State 

8 that is a territory specified in paragraph 

9 (7)(G)(ii) in amounts that bear the same 

10 proportion to the amount so reserved as 

11 the amount of the payment made to the 

12 territory under subsection (a)(5) for fiscal 

13 year 2021 bears to the total amount re14 served for such payments under subsection 

15 (a)(5) for fiscal year 2021. 

16 ‘‘(iii) 50 STATES AND THE DISTRICT

17 OF COLUMBIA.—The amount appropriated 

18 under paragraph (2) that remains after the 

19 application of clauses (i) and (ii) shall be 

20 used to pay pandemic child care assistance 

21 grants for fiscal year 2021 under this sub22 section to each State that is one of the 50 

23 States or the District of Columbia in 

24 amounts that bears the same proportion to 

25 the amount so remaining as the amount of 


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1 the allotment determined for the State or 

2 District under subsection (a)(2)(B) for fis3 cal year 2021 bears to the total amount 

4 available for such allotments under sub5 section (a)(2)(A) for fiscal year 2021. 

6 ‘‘(4) OTHER FUNDING AND PAYMENT RULES.— 

7 ‘‘(A) PAYMENT DEADLINE.—The Secretary 

8 shall make quarterly payments to each State, 

9 Indian tribe, and tribal organization from the 

10 pandemic child care assistance grants deter11 mined for the State, Indian tribe, or tribal or12 ganization under paragraph (3)(B) for fiscal 

13 year 2021. 

14 ‘‘(B) NO MATCHING REQUIREMENT.—Nei15 ther subparagraph (C) of subsection (a)(2) nor 

16 any other cash or in-kind matching requirement 

17 shall apply to the pandemic child care assist18 ance grants paid under this subsection. 

19 ‘‘(C) MAINTENANCE OF EFFORT.—Funds 

20 from a pandemic child care assistance grant 

21 paid under this subsection must be used to sup22 plement, not supplant State and Tribal general 

23 revenue funds for child care assistance for low24 income families. 


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1 ‘‘(D) PERIOD FOR AVAILABILITY.—The pe2 riod in which the funds from a pandemic child 

3 care assistance grant paid under this subsection 

4 to a State, Indian tribe, or tribal organization 

5 are available for expenditure is the same period 

6 that would apply if the funds were considered 

7 amounts allotted to one of the 50 States or the 

8 District of Columbia under subsection (a)(2)(B) 

9 for fiscal year 2021, payments made to a terri10 tory under subsection (a)(5) for such fiscal 

11 year, or payments made to Indian tribes and 

12 tribal organizations under subsection (a)(4) for 

13 such fiscal year. 

14 ‘‘(E) REDISTRIBUTION OF UNUSED

15 FUNDS.—The determination as to whether 

16 funds from a pandemic child care assistance 

17 grant paid to the lead agency of a State, Indian 

18 tribe, or tribal organizations under this sub19 section will not be used during the period in 

20 which such funds are available for expenditure, 

21 and the procedure for redistributing all such 

22 funds, shall be made in the same manner as 

23 such determination and redistribution would be 

24 made if the funds were considered amounts al25 lotted to one of the 50 States or the District of 


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1 Columbia under subsection (a)(2)(B) for fiscal 

2 year 2021, payments made to a territory under 

3 subsection (a)(5) for such fiscal year, or pay4 ments made to Indian tribes and tribal organi5 zations under subsection (a)(4) for such fiscal 

6 year. 

7 ‘‘(5) USE OF FUNDS.— 

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graphs (B) and (C), pandemic child care assist10 ance grant funds may be used for any purpose 

11 for which funds made available under the head12 ing relating to payments to States for the Child 

13 Care and Development Block Grant in title 

14 VIII of division B of the Coronavirus Aid, Re15 lief, and Economic Security Act (Public Law 

16 116–136) may be used. 

17 ‘‘(B) PRIORITY.—If a lead agency chooses 

18 to make subgrants from the pandemic child 

19 care assistance grant funds paid under this sub20 section, the lead agency shall give priority to 

21 funding child care services that— 

22 ‘‘(i) are provided during nontradi23 tional hours; 

24 ‘‘(ii) serve dual language learners, 

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1 encing homelessness, children in foster 

2 care, children from low-income families, or 

3 infants and toddlers; 

4 ‘‘(iii) serve a high proportion of chil5 dren whose families are eligible for sub6 sidies under the Child Care and Develop7 ment Block Grant Act of 1990 for the 

8 child care; or 

9 ‘‘(iv) operate in communities, includ10 ing rural communities, with a low supply 

11 of child care. 

12 ‘‘(C) OTHER PROVISIONS.— 

13 ‘‘(i) ADMINISTRATION THROUGH THE

14 CHILD CARE AND DEVELOPMENT BLOCK

15 GRANT ACT OF 1990.—Except to the extent 

16 otherwise provided in this subsection, sub17 section (c) shall apply to the pandemic 

18 child care assistance grants paid under 

19 this subsection in the same manner as that 

20 subsection applies to amounts paid under 

21 subsection (a). 

22 ‘‘(ii) APPLICATION OF CARES ACT

23 FUNDING REQUIREMENTS.— 

24 ‘‘(I) IN GENERAL.—Except to the 

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1 section, the requirements that apply 

2 to the payments to States for the 

3 Child Care and Development Block 

4 Grant in title VIII of division B of the 

5 Coronavirus Aid, Relief, and Eco6 nomic Security Act (Public Law 116– 

7 136) shall apply in the same manner 

8 to the pandemic child care assistance 

9 grants paid under this subsection. 

10 ‘‘(II) NONAPPLICATION OF OBLI11 GATION PERIOD.—The 3-fiscal year 

12 period authorized for obligation of 

13 payments to States for the Child Care 

14 and Development Block Grant under 

15 Public Law 116–136 shall not apply 

16 to the pandemic child care assistance 

17 grants paid under this subsection. 

18 ‘‘(III) EXTENSION OF ELIGI19 BILITY AUTHORITY.—The lead agency 

20 of a State, Indian tribe, and tribal or21 ganization is authorized to use pan22 demic child care assistance grant 

23 funds to provide child care assistance 

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1 graph (7)(D) without regard to the 

2 income eligibility requirements of sec3 tion 658P(4) of the Child Care and 

4 Development Block Grant Act of 

5 1990. 

6 ‘‘(6) REPORTS.— 

7 ‘‘(A) PLANNED USE OF FUNDS.—Not later 

8 than 90 days after the date of enactment of 

9 this subsection, the lead agency of each State, 

10 Indian tribe, and tribal organization to be paid 

11 a pandemic child care assistance grant under 

12 this subsection shall submit to the Secretary a 

13 report, in such manner as the Secretary may 

14 require, describing how the grant funds will be 

15 spent. Any State, Indian tribe, or tribal organi16 zation shall be held harmless in the event the 

17 lead agency of the State, Indian tribe, or tribal 

18 organization, despite good faith efforts, is un19 able to submit such report by such deadline. 

20 ‘‘(B) FINAL REPORT.—Not later than De21 cember 31, 2022, the lead agency of each State, 

22 Indian tribe, and tribal organization paid a 

23 pandemic child care assistance grant under this 

24 subsection shall submit to the Secretary a final 

25 report, in such manner as the Secretary may 


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1 require, describing how the lead agency spent 

2 the pandemic child care assistance grant. Each 

3 such report shall include data— 

4 ‘‘(i) specifying how the grant funds 

5 were spent to address needs in relation to 

6 the COVID–19 public health emergency; 

7 ‘‘(ii) specifying the number and type 

8 of eligible child care providers assisted 

9 using grant funds; and 

10 ‘‘(iii) specifying the average income 

11 level of the families assisted using grant 

12 funds. 

13 ‘‘(C) SUBMISSION TO CONGRESS.—Not 

14 later than— 

15 ‘‘(i) 180 days after the date of enact16 ment of this subsection, the Secretary shall 

17 submit to the appropriate committees of 

18 Congress a report summarizing the reports 

19 submitted under subparagraph (A); and 

20 ‘‘(ii) April 30, 2024, the Secretary 

21 shall submit to the appropriate committees 

22 of Congress a report summarizing the final 

23 reports submitted under subparagraph (B). 

24 ‘‘(D) CONTINUED APPLICATION OF CCDBG

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1 quired under this paragraph are in addition to, 

2 and shall not affect, reporting requirements im3 posed under the Child Care and Development 

4 Block Grant Act of 1990, including to the ex5 tent information included in a report submitted 

6 under this paragraph also is required to be in7 cluded in a report submitted under that Act, as 

8 appropriate. 

9 ‘‘(E) PUBLIC AVAILABILITY.—Each lead 

10 agency submitting a report under this para11 graph shall make each such report publicly 

12 available concurrent with the submission of the 

13 report to the Secretary (or as soon as prac14 ticable after submitting the report). 

15 ‘‘(7) DEFINITIONS.—In this subsection: 

16 ‘‘(A) APPROPRIATE COMMITTEES OF CON17 GRESS.—The term ‘appropriate committees of 

18 Congress’ means the Committee on Appropria19 tions, the Committee on Ways and Means, and 

20 the Committee on Education and Labor of the 

21 House of Representatives and the Committee 

22 on Appropriations, the Committee on Finance, 

23 and the Committee on Health, Education, 

24 Labor, and Pensions of the Senate. 


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1 ‘‘(B) COVID–19 PUBLIC HEALTH EMER2 GENCY.—The term ‘COVID–19 public health 

3 emergency’ means the public health emergency 

4 declared by the Secretary pursuant to section 

5 319 of the Public Health Service Act on Janu6 ary 31, 2020, entitled ‘Determination that a 

7 Public Health Emergency Exists Nationwide as 

8 the Result of the 2019 Novel Coronavirus’ and 

9 includes any renewal of such declaration pursu10 ant to such section 319 and any State or local 

11 governmental declaration of an emergency in 

12 response to the coronavirus (COVID–19). 

13 ‘‘(C) ELIGIBLE CHILD CARE PROVIDER DE14 FINED.—The term ‘eligible child care provider’ 

15 has the meaning given that term in section 

16 658P(6) of the Child Care and Development 

17 Block Grant Act of 1990, and includes a pro18 vider described in that section without regard to 

19 whether the provider received assistance under 

20 that Act prior to the COVID–19 public health 

21 emergency as a result of the coronavirus. 

22 ‘‘(D) ESSENTIAL WORKER DEFINED.—The 

23 term ‘essential worker’ means— 

24 ‘‘(i) a health sector employee; 

25 ‘‘(ii) an emergency responder; 


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1 ‘‘(iii) a sanitation worker; 

2 ‘‘(iv) a member of the child care work3 force; 

4 ‘‘(v) a member of the child welfare 

5 workforce; 

6 ‘‘(vi) a member of the domestic vio7 lence prevention workforce; 

8 ‘‘(vii) a member of the prevention 

9 services workforce; 

10 ‘‘(viii) a worker at a business which a 

11 State or local government official has de12 termined must remain open to serve the 

13 public during the COVID–19 public health 

14 emergency; and 

15 ‘‘(ix) any other worker who cannot 

16 telework, and whom a State or local gov17 ernment official deems to be essential dur18 ing the COVID–19 public health emer19 gency. 

20 ‘‘(E) INDIAN TRIBE; TRIBAL ORGANIZA21 TION.—The terms ‘Indian tribe’ and ‘tribal or22 ganization’ have the meanings given those 

23 terms in section 419(4). 

24 ‘‘(F) LEAD AGENCY.—The term ‘lead 

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1 tion 658P(9) of the Child Care and Develop2 ment Block Grant Act of 1990. 

3 ‘‘(G) STATE.— 

4 ‘‘(i) IN GENERAL.—The term ‘State’ 

5 means the 50 States and the District of 

6 Columbia. 

7 ‘‘(ii) TERRITORIES.—Such term in8 cludes the Commonwealth of Puerto Rico, 

9 the United States Virgin Islands, Guam, 

10 American Samoa, and the Commonwealth 

11 of the Northern Mariana Islands.’’. 

12 (b) DISREGARD FROM LIMITATION ON TOTAL PAY13 MENTS TO TERRITORIES.—Section 1108(a)(2) of the So14 cial Security Act (42 U.S.C. 1308(a)(2)), as amended by 

15 section 2(b)(2), is amended by inserting ‘‘418(e),’’ after 

16 ‘‘418(a)(5),’’. 

17 SEC. 4. GRANTS TO IMPROVE THE CHILD CARE SUPPLY, 

18 QUALITY, AND AFFORDABILITY IN AREAS OF 

19 PARTICULAR NEED. 

20 (a) IN GENERAL.—Section 418 of the Social Security 

21 Act (42 U.S.C. 618), as amended by section 3(a), is 

22 amended by adding at the end the following: 

23 ‘‘(f) GRANTS TO IMPROVE THE CHILD CARE SUP24 PLY, QUALITY, AND AFFORDABILITY IN AREAS OF PAR25 TICULAR NEED.— 


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1 ‘‘(1) IN GENERAL.—Except as otherwise pro2 vided in this subsection, the preceding provisions of 

3 this section shall not apply to this subsection. 

4 ‘‘(2) APPROPRIATIONS.— 

5 ‘‘(A) IN GENERAL.—For grants under this 

6 subsection to improve the supply, quality, and 

7 affordability of child care in areas of particular 

8 need, there are appropriated $15,000,000,000 

9 for fiscal year 2022. 

10 ‘‘(B) RESERVATIONS.—Of the amount ap11 propriated under subparagraph (A) for fiscal 

12 year 2022, the Secretary shall reserve— 

‘‘(i) up to 1 13 ⁄2 of 1 percent of such 

14 amount to support technical assistance and 

15 dissemination activities related to improv16 ing the supply, quality, and affordability of 

17 child care, including in areas of particular 

18 need, under paragraphs (3) and (4), re19 spectively, of section 658I(a) of the Child 

20 Care and Development Block Grant Act of 

21 1990; and 

‘‘(ii) 1 22 ⁄2 of 1 percent of such amount 

23 to carry out the evaluation required under 

24 paragraph (8). 


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1 ‘‘(C) ADMINISTRATIVE EXPENSES; TECH2 NICAL ASSISTANCE.—For administrative ex3 penses of the Secretary in administering this 

4 subsection, and for providing technical assist5 ance to States and Indian tribes and tribal or6 ganizations with respect to the grants author7 ized under this subsection, there are appro8 priated $75,000,000 for the period of fiscal 

9 years 2021 through 2026. 

10 ‘‘(3) ENTITLEMENT TO GRANTS.— 

11 ‘‘(A) IN GENERAL.—Each State with an 

12 approved planned use of grants funds under 

13 paragraph (4), and each Indian tribe and tribal 

14 organization that received a payment under 

15 subsection (a)(4) for fiscal year 2022 with an 

16 approved planned use of grant funds under 

17 paragraph (4), shall be entitled to be paid a 

18 grant under this subsection for fiscal year 2022 

19 from the amount appropriated under subpara20 graph (A) of paragraph (2) for fiscal year 2022 

21 that remains available after application of the 

22 reservations made for the fiscal year under sub23 paragraph (B) of that paragraph. 

24 ‘‘(B) INDIAN TRIBES.—The Secretary shall 

25 reserve an amount equal to 2 percent of the 


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1 amount so remaining to pay grants for fiscal 

2 year 2022 under this subsection to Indian 

3 tribes and tribal organizations that received a 

4 payment under subsection (a)(4) for fiscal year 

5 2022, in amounts that bear the same propor6 tion to the amount so reserved as the amount 

7 of the payment made to each such Indian tribe 

8 and tribal organization under subsection (a)(4) 

9 for fiscal year 2022 bears to the total amount 

10 paid under that subsection for such fiscal year. 

11 ‘‘(C) TERRITORIES.—The Secretary shall 

12 reserve an amount equal to 2 percent of the 

13 amount so remaining to pay grants for fiscal 

14 year 2022 under this subsection to each State 

15 that is a territory specified in subsection 

16 (e)(7)(G)(ii) in amounts that bear the same 

17 proportion to the amount so reserved as the 

18 amount of the payment made to each such ter19 ritory under subsection (e)(3)(B)(ii) for fiscal 

20 year 2022 bears to the total amount paid to all 

21 such territories under that subsection for such 

22 fiscal year. 

23 ‘‘(D) 50 STATES AND THE DISTRICT OF

24 COLUMBIA.—The Secretary shall use the 

25 amount that remains after the application of 


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1 subparagraphs (B) and (C) to pay grants for 

2 fiscal year 2022 under this subsection to each 

3 of the 50 States and the District of Columbia 

4 in amounts that bear the same proportion to 

5 the amount so remaining as the amount of the 

6 payment made to each such State and District 

7 under subsection (e)(3)(B)(iii) for fiscal year 

8 2022 bears to the total amount paid to all of 

9 the 50 States and the District of Columbia 

10 under that subsection for such fiscal year. 

11 ‘‘(4) INCORPORATION INTO CCDBG PLAN.— 

12 ‘‘(A) CONTENTS.—In order to be paid a 

13 grant under this subsection for fiscal year 

14 2022, the lead agency of a State, Indian tribe, 

15 or tribal organization shall submit to the Sec16 retary, as part of the initial submission of the 

17 Child Care and Development Block Grant plan 

18 for the period that includes fiscal year 2022, or 

19 as an amendment to that plan, a description of 

20 the planned use of grant funds that— 

21 ‘‘(i) describes the demographic, eco22 nomic, and other data and criteria the lead 

23 agency proposes to use to determine 

24 whether an area is in particular need of 

25 child care; 


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1 ‘‘(ii) identifies specific areas deter2 mined to be in particular need of child 

3 care, where such areas are located, the size 

4 and scope of such areas, and the age 

5 groups of children in need of child care in 

6 such areas; 

7 ‘‘(iii) outlines how the lead agency 

8 proposes to use the grant funds to increase 

9 the child care supply, quality, and afford10 ability for all families, including families 

11 who are eligible for subsidies under the 

12 Child Care and Development Block Grant 

13 Act of 1990, in the areas determined to be 

14 in particular need of child care through ac15 tivities such as— 

16 ‘‘(I) contracting with child care 

17 providers to pay for specified numbers 

18 of child care slots (including slots in 

19 family child care homes); 

20 ‘‘(II) establishing or expanding 

21 the operation of community or neigh22 borhood-based family child care net23 work; 

24 ‘‘(III) furnishing child care pro25 viders with start-up funding, technical 


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1 assistance, and support for improving 

2 business practices; 

3 ‘‘(IV) recruiting child care pro4 viders and staff; 

5 ‘‘(V) supporting the training and 

6 professional development of the child 

7 care workforce; 

8 ‘‘(VI) establishing or increasing 

9 payment rates based on cost of care 

10 model; or 

11 ‘‘(VII) subject to subparagraph 

12 (C), providing financial support (with13 out regard to limitations on expendi14 tures imposed under section 658F(b) 

15 of the Child Care and Development 

16 Block Grant Act of 1990) for projects 

17 involving the purchase or improve18 ment of land, a major renovation, 

19 repurposing facilities, the purchase, 

20 construction, or permanent improve21 ment of any building or facility, in22 cluding minor remodeling and for up23 grading child care facilities to assure 

24 that providers meet State and local 

25 child care standards, including appliVerDate Sep 11 2014 04:58 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S4688.IS S4688

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1 cable health and safety requirements; 

2 and 

3 ‘‘(iv) contains such other information 

4 as the Secretary may require. 

5 ‘‘(B) APPROVAL.—The Secretary shall ap6 prove a description of the planned use of grant 

7 funds that contains the information required 

8 under subparagraph (A), and, with respect to 

9 the proposed criteria required under subpara10 graph (A)(i), shall accept any reasonable cri11 teria that are based on internal analyses or 

12 analyses by organizations with experience in 

13 evaluating research on various approaches to 

14 identifying areas in particular need of child 

15 care. 

16 ‘‘(C) SPECIAL RULES.— 

17 ‘‘(i) IN GENERAL.—The Secretary 

18 shall develop parameters on the use of 

19 funds from an allotment paid under this 

20 subsection for projects described in sub21 paragraph (A)(iii)(VII). 

22 ‘‘(ii) REQUIREMENT.—The param23 eters developed under clause (i) shall pro24 vide that, in the case of funds from an al25 lotment paid under this subsection that are 


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1 used for projects described in subpara2 graph (A)(iii)(VII)— 

3 ‘‘(I) for such projects involving a 

4 privately owned family child care 

5 home, the Secretary shall not retain 

6 any Federal interest; and 

7 ‘‘(II) for all other such projects, 

8 the Secretary shall not retain a Fed9 eral interest after a period of 10 

10 years. 

11 ‘‘(5) OTHER FUNDING AND PAYMENT RULES.— 

12 ‘‘(A) APPROVAL AND PAYMENT DEAD13 LINE.—The Secretary shall make quarterly pay14 ments to the lead agency of each State, Indian 

15 tribe, and tribal organization with a planned 

16 use of funds submission approved under para17 graph (4) from the grant determined for the 

18 State, Indian tribe, or tribal organization under 

19 paragraph (3) for fiscal year 2022. 

20 ‘‘(B) NO MATCHING REQUIREMENT.—Nei21 ther subparagraph (C) of subsection (a)(2) nor 

22 any other cash or in-kind matching requirement 

23 shall apply to the grants paid under this sub24 section. 


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1 ‘‘(C) MAINTENANCE OF EFFORT.—Funds 

2 from a grant paid under this subsection must 

3 be used to supplement, not supplant State and 

4 Tribal general revenue funds for child care as5 sistance for low-income families. 

6 ‘‘(D) PERIOD FOR AVAILABILITY.— 

7 ‘‘(i) IN GENERAL.—Except as pro8 vided in clause (ii), the period in which the 

9 funds from grants paid under this sub10 section to a State, Indian tribe, or tribal 

11 organization are available for expenditure 

12 is the same period that would apply if the 

13 funds were considered amounts allotted to 

14 one of the 50 States or the District of Co15 lumbia under subsection (a)(2)(B) for fis16 cal year 2022, payments made to a terri17 tory under subsection (a)(5) for such fiscal 

18 year, or payments made to Indian tribes 

19 and tribal organizations under subsection 

20 (a)(4) for such fiscal year. 

21 ‘‘(ii) EXTENSION OF AVAILABILITY OF

22 FUNDS USED FOR CERTAIN PROJECTS.—If 

23 funds from a grant paid under this sub24 section are used to provide financial sup25 port for a project described in paragraph 


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1 (4)(A)(iii)(VII), the funds shall remain 

2 available for expenditure by the lead agen3 cy of a State, Indian tribe, or tribal orga4 nization through September 30, 2026. 

5 ‘‘(E) REDISTRIBUTION OF UNUSED

6 FUNDS.—Subject to subparagraph (D)(ii), the 

7 determination as to whether funds from a grant 

8 paid to the lead agency of a State, Indian tribe, 

9 or tribal organizations under this subsection 

10 will not be used during the period in which such 

11 funds are available for expenditure, and the 

12 procedure for redistributing all such funds, 

13 shall be made in the same manner as such de14 termination and redistribution would be made if 

15 the funds were considered amounts allotted to 

16 one of the 50 States or the District of Columbia 

17 under subsection (a)(2)(B) for fiscal year 2022, 

18 payments made to a territory under subsection 

19 (a)(5) for such fiscal year, or payments made to 

20 Indian tribes and tribal organizations under 

21 subsection (a)(4) for such fiscal year. 

22 ‘‘(6) USE OF FUNDS.— 

23 ‘‘(A) IN GENERAL.—To the extent per24 mitted under section 658G(b) of the Child Care 

25 and Development Block Grant Act of 1990 and 


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1 the approved planned use of funds submission 

2 of the lead agency of a State, Indian tribe, or 

3 tribal organization under paragraph (4), each 

4 such lead agency shall use funds from a grant 

5 paid under this subsection to increase the sup6 ply, quality, and affordability of child care in 

7 areas determined to be in particular need of 

8 child care (with activities provided directly, or 

9 through grants or contracts with local child 

10 care resource and referral organizations or 

11 other appropriate entities). Activities carried 

12 out with such funds shall be— 

13 ‘‘(i) designed to improve the quality of 

14 child care services and increase parental 

15 options for, and access to, high-quality 

16 child care, especially in areas of con17 centrated poverty; and 

18 ‘‘(ii) in alignment with the most re19 cent Statewide assessment of the State’s 

20 needs to carry out such services and care. 

21 ‘‘(B) PRIORITY.—If a lead agency chooses 

22 to make subgrants from the funds paid under 

23 this subsection, each such lead agency shall give 

24 priority to funding child care services that— 


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1 ‘‘(i) are provided during nontradi2 tional hours; 

3 ‘‘(ii) serve dual language learners, 

4 children with disabilities, children experi5 encing homelessness, children in foster 

6 care, children from low-income families, or 

7 infants and toddlers; 

8 ‘‘(iii) serve a high proportion of chil9 dren whose families are eligible for sub10 sidies under the Child Care and Develop11 ment Block Grant Act of 1990 for the 

12 child care; or 

13 ‘‘(iv) operate in communities, includ14 ing rural communities, with a low supply 

15 of child care. 

16 ‘‘(C) ADMINISTRATIVE COSTS.—Fund from 

17 a grant paid under this subsection may be used 

18 for administrative costs, not to exceed— 

19 ‘‘(i) 5 percent of such funds in the 

20 case of a grant paid to the lead agency of 

21 a State; and 

22 ‘‘(ii) 15 percent of such funds in the 

23 case of a grant paid to the lead agency of 

24 an Indian tribe or tribal organization. 


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1 ‘‘(D) ADMINISTRATION THROUGH THE

2 CHILD CARE AND DEVELOPMENT BLOCK GRANT

3 ACT OF 1990.— 

4 ‘‘(i) IN GENERAL.—Except as pro5 vided in clause (ii) or to the extent other6 wise provided in this subsection, subsection 

7 (c) shall apply to the grants paid under 

8 this subsection in the same manner as that 

9 subsection applies to amounts paid under 

10 subsection (a). 

11 ‘‘(ii) NONAPPLICATION OF CERTAIN

12 USE OF FUNDS REQUIREMENTS.—The re13 quirements of subparagraphs (D) and (E) 

14 of section 658E(c)(3) of the Child Care 

15 and Development Block Grant Act of 1990 

16 shall not apply to the grants paid under 

17 this subsection. 

18 ‘‘(7) REPORTS.— 

19 ‘‘(A) IN GENERAL.—The lead agency of 

20 each State, Indian tribe, and tribal organization 

21 paid a grant under this subsection shall submit 

22 to the Secretary a final report, in such manner 

23 as the Secretary may require, describing how 

24 the lead agency spent the grant. The report 


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1 shall be submitted not later than December 31, 

2 2024. 

3 ‘‘(B) CONTENT.—The report shall include 

4 data that— 

5 ‘‘(i) describes the impact of such ex6 penditures on the supply of child care in 

7 the areas determined to be in particular 

8 need of child care by the lead agency, in9 cluding with respect to the pre-grant 

10 award and post-grant award assessment of 

11 the number of Child Care and Develop12 ment Block Grant-eligible child care slots 

13 available in such areas and the pre-grant 

14 award and post-grant award assessment of 

15 the number of regulated and unregulated 

16 or exempt care providers in such areas; 

17 ‘‘(ii) details whether funds were used 

18 for projects described in paragraph 

19 (4)(A)(iii)(VII) and the status of such 

20 projects, including if they are ongoing at 

21 the time of reporting; and 

22 ‘‘(iii) to the extent lead agencies at 

23 their discretion have such data available, 

24 describes the impact of such expenditures 

25 on the supply, quality, and affordability of 


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1 child care in the areas determined to be in 

2 particular need of child care by the lead 

3 agency, and on the extent to which areas 

4 in which such funds were used experienced 

5 outcomes that reduced the conditions in 

6 such areas which factored into such deter7 mination. 

8 ‘‘(C) SUBMISSION TO CONGRESS.—Not 

9 later than April 30, 2025, the Secretary shall 

10 submit to the appropriate committees of Con11 gress a report summarizing the reports sub12 mitted under subparagraph (A). 

13 ‘‘(D) CONTINUED APPLICATION OF CCDBG

14 REPORTING REQUIREMENTS.—The reports re15 quired under this paragraph are in addition to, 

16 and shall not affect, reporting requirements im17 posed under the Child Care and Development 

18 Block Grant Act of 1990, including to the ex19 tent information included in a report submitted 

20 under this paragraph also is required to be in21 cluded in a report submitted under that Act. 

22 ‘‘(8) EVALUATION.— 

23 ‘‘(A) IN GENERAL.—From a geographically 

24 diverse selection of the lead agencies paid a 

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1 resentation of States, territories specified in 

2 subsection (e)(7)(G)(ii), and Indian tribes and 

3 tribal organizations, the Secretary shall evalu4 ate the impact of the activities carried out by 

5 such lead agencies with respect to improving 

6 the supply, quality, and affordability of child 

7 care in the areas determined to be in particular 

8 need of child care by such lead agencies. 

9 ‘‘(B) QUALITY ASSESSMENT.—In evalu10 ating the extent to which there are improve11 ments in the quality of child care in the areas 

12 determined to be in particular need of child 

13 care, the Secretary shall focus on at least five 

14 of the following areas: 

15 ‘‘(i) Ratios of staff to children. 

16 ‘‘(ii) Age-appropriate curriculum. 

17 ‘‘(iii) Approaches to instruction. 

18 ‘‘(iv) Relationship quality between 

19 children and staff. 

20 ‘‘(v) Children’s learning and develop21 ment. 

22 ‘‘(vi) Physical environment quality 

23 and ability to protect children and staff 

24 from illness and injury. 


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1 ‘‘(vii) Credentials, experience and spe2 cialized training of staff. 

3 ‘‘(viii) Opportunities for staff profes4 sional development. 

5 ‘‘(ix) Ability to foster relationships 

6 with families and communities. 

7 ‘‘(x) Leadership and management ca8 pacity. 

9 ‘‘(xi) Creating a stable work environ10 ment for staff retention. 

11 ‘‘(C) REPORT.—Not later than September 

12 30, 2025, the Secretary shall a report to Con13 gress on the results of the evaluation conducted 

14 under this paragraph. 

15 ‘‘(9) DEFINITIONS.—In this subsection, the 

16 terms ‘appropriate committees of Congress’, ‘Indian 

17 tribe’, ‘lead agency’, ‘tribal organization’, and ‘State’ 

18 have the meanings given those terms in subsection 

19 (e)(7).’’. 

20 (b) DISREGARD FROM LIMITATION ON TOTAL PAY21 MENTS TO TERRITORIES.—Section 1108(a)(2) of the So22 cial Security Act (42 U.S.C. 1308(a)(2)), as amended by 

23 section 3(b), is amended by inserting ‘‘418(f),’’ after 

24 ‘‘418(e),’’. 

Æ 


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