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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4688 Introduced in Senate (IS)]

<DOC>

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.

    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 ``Rebuilding a Better Child Care 
Infrastructure Act''.

SEC. 2. INCREASED FUNDING FOR THE CHILD CARE ENTITLEMENT TO STATES.

    (a) Fiscal Years 2021 Through 2025.--Section 418(a)(3) of the 
Social Security Act (42 U.S.C. 618(a)(3)) is amended to read as 
follows:
            ``(3) Appropriation.--For grants under this subsection, 
        there are appropriated $5,917,000,000 for each of fiscal years 
        2021 through 2025.''.
    (b) Payments To Benefit Children in the Territories.--
            (1) Eligibility.--Section 418(a) of such Act (42 U.S.C. 
        618(a)) is amended--
                    (A) by redesignating paragraph (5) as paragraph 
                (8); and
                    (B) by inserting after paragraph (4), the 
                following:
            ``(5) Territories.--
                    ``(A) In general.--Beginning with fiscal year 2021, 
                the Secretary shall reserve 2 percent of the aggregate 
                amount appropriated to carry out this subsection in 
                each fiscal year for payments to the Commonwealth of 
                Puerto Rico, the United States Virgin Islands, Guam, 
                American Samoa, and the Commonwealth of the Northern 
                Mariana Islands (in this paragraph referred to as the 
                `territories').
                    ``(B) Allotments.--The amount reserved under 
                subparagraph (A) for a fiscal year shall be allotted 
                among the territories in amounts that bear the same 
                proportion to the amount so reserved as the amount of 
                the payment made to each such territory for the most 
                recently preceding fiscal year to carry out the Child 
                Care and Development Block Grant Act of 1990 bears to 
                the total amount paid to all such territories for such 
                purpose for that fiscal year.
                    ``(C) Other rules.--
                            ``(i) No matching requirement.--No cash or 
                        in-kind matching requirement shall apply to the 
                        amounts provided to the territories under this 
                        paragraph for any fiscal year.
                            ``(ii) Redistribution of unused funds.--
                        Subparagraph (D) of paragraph (2) shall apply 
                        to the amounts allotted to the territories 
                        under this paragraph for a fiscal year in the 
                        same manner as that subparagraph applies to 
                        amounts allotted to the 50 States and the 
                        District of Columbia for a fiscal year under 
                        paragraph (2)(B), except that, the second 
                        sentence of clause (i) of such subparagraph 
                        shall not apply and the amounts allotted to the 
                        territories that are available for 
                        redistribution for a fiscal year shall be 
                        redistributed to each territory that applies 
                        for such amounts, to the extent the Secretary 
                        determines that the territory will be able to 
                        use such additional amounts to provide child 
                        care assistance, in an amount that bears the 
                        same proportion to the amount so available for 
                        redistribution as the amount allotted to the 
                        territory for the fiscal year bears to the 
                        total amount allotted to all the territories 
                        receiving redistributed funds under this 
                        paragraph for the fiscal year.
                            ``(iii) Use of funds; application of child 
                        care and development block grant act of 1990.--
                        Except as provided in clause (iv), subsections 
                        (b) and (c) apply to amounts provided to a 
                        territory under this paragraph for a fiscal 
                        year in the same manner as such subsections 
                        apply to amounts provided to a State under this 
                        subsection for the fiscal year.
                            ``(iv) Exception.--Paragraph (2) of 
                        subsection (b) shall not apply to the amounts 
                        provided to any territory under this paragraph 
                        for any fiscal year.''.
            (2) Disregard from limitation on total payments to 
        territories.--Section 1108(a)(2) of the Social Security Act (42 
        U.S.C. 1308(a)(2)) is amended by inserting ``418(a)(5),'' after 
        ``413(f)''.
    (c) Payments To Benefit Indian Children.--Paragraph (4) of section 
418(a) of such Act (42 U.S.C. 618(a)(4)) is amended to read as follows:
            ``(4) Indian tribes.--
                    ``(A) In general.--The Secretary shall reserve not 
                less than 3 percent of the aggregate amount 
                appropriated to carry out this subsection in each 
                fiscal year for payments to Indian tribes and tribal 
                organizations.
                    ``(B) Redistribution of unused funds.--The 
                Secretary shall determine an appropriate procedure for 
                redistributing payments made to Indian tribes and 
                tribal organizations under this paragraph for a fiscal 
                year which the Secretary determines will not be used 
                during the period in which such payments are available 
                to be obligated to each Indian tribe and tribal 
                organization that applies for such amounts, to the 
                extent the Secretary determines that the Indian tribe 
                or tribal organization will be able to use such 
                additional amounts to provide child care assistance.''.
    (d) Reservation of Funds for Technical Assistance and Evaluation.--
Section 418(a) of such Act (42 U.S.C. 618(a)), as amended by subsection 
(b)(1), is amended by inserting after paragraph (5), the following:
            ``(6) Technical assistance.--Beginning with fiscal year 
        2021, the Secretary shall reserve up to \1/2\ of 1 percent of 
        the aggregate amount appropriated to carry out this subsection 
        in each fiscal year to support technical assistance and 
        dissemination activities under paragraphs (3) and (4) of 
        section 658I(a) of the Child Care and Development Block Grant 
        Act of 1990.
            ``(7) Research, demonstration, and evaluation.--Beginning 
        with fiscal year 2021, the Secretary may reserve \1/2\ of 1 
        percent of the of the aggregate amount appropriated to carry 
        out this subsection in each fiscal year to conduct research and 
        demonstration activities, as well as periodic external, 
        independent evaluations of the impact of the Child Care and 
        Development Block Grant program established under subchapter C 
        of chapter 8 of title VI of the Omnibus Budget Reconciliation 
        Act of 1981 (Public Law 97-35), as carried out under this 
        subsection and under such subchapter, on increasing access to 
        child care services and improving the safety and quality of 
        child care services, using scientifically valid research 
        methodologies, and to disseminate the key findings of those 
        evaluations widely and on a timely basis.''.
    (e) Removal of Restriction on Application of Updated FMAP.--Section 
418(a)(2)(C) of such Act (42 U.S.C. 618(a)(2)(C)) is amended by 
striking ``, as such section was in effect on September 30, 1995''.
    (f) Technical and Conforming Amendments.--Section 418(a) of such 
Act (42 U.S.C. 618(a)) is amended--
            (1) in paragraph (2)(A), by striking ``reservation 
        described in paragraph (4)'' and inserting ``reservations 
        described in paragraphs (4), (5), (6), and (7)''; and
            (2) in paragraph (8), (as redesignated by subsection 
        (b)(1)(A)), by inserting ``(as in effect before June 30, 
        2003)'' after ``section 403(a)(1)(D)''.

SEC. 3. PANDEMIC CHILD CARE ASSISTANCE GRANTS.

    (a) In General.--Section 418 of the Social Security Act (42 U.S.C. 
618) is amended by adding at the end the following:
    ``(e) Pandemic Child Care Assistance Grants.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, the preceding provisions of this section shall not 
        apply to this subsection.
            ``(2) Appropriations.--
                    ``(A) Grants.--For pandemic child care assistance 
                grants under this subsection, there are appropriated 
                $10,000,000,000 for fiscal year 2021.
                    ``(B) Administrative expenses; technical 
                assistance.--For administrative expenses of the 
                Secretary in administering this subsection, and for 
                providing technical assistance to States and Indian 
                tribes and tribal organizations with respect to the 
                pandemic child care assistance grants authorized under 
                this subsection, there are appropriated $50,000,000 for 
                the period of fiscal years 2021 through 2022.
            ``(3) Entitlement to grants.--
                    ``(A) In general.--Each State and each Indian tribe 
                and tribal organization that received a payment under 
                subsection (a)(4) for fiscal year 2021, shall be 
                entitled to be paid a pandemic child care assistance 
                grant under this subsection for fiscal year 2021 from 
                the amount appropriated under paragraph (2) for fiscal 
                year 2021.
                    ``(B) Allotments.--From the amount appropriated 
                under paragraph (2) for fiscal year 2021, the Secretary 
                shall make the following allotments:
                            ``(i) Indian tribes.--An amount equal to 2 
                        percent of the amount so appropriated shall be 
                        reserved to pay pandemic child care assistance 
                        grants for fiscal year 2021 under this 
                        subsection to Indian tribes and tribal 
                        organizations that received a payment under 
                        subsection (a)(4) for fiscal year 2021 in 
                        amounts that bear the same proportion to the 
                        amount so reserved as the amount of the payment 
                        made to each such Indian tribe and tribal 
                        organization under subsection (a)(4) for fiscal 
                        year 2021 bears to the total amount reserved 
                        for such payments under subsection (a)(4) for 
                        fiscal year 2021.
                            ``(ii) Territories.--An amount equal to 2 
                        percent of the amount so appropriated shall be 
                        reserved to pay pandemic child care assistance 
                        grants for fiscal year 2021 under this 
                        subsection to each State that is a territory 
                        specified in paragraph (7)(G)(ii) in amounts 
                        that bear the same proportion to the amount so 
                        reserved as the amount of the payment made to 
                        the territory under subsection (a)(5) for 
                        fiscal year 2021 bears to the total amount 
                        reserved for such payments under subsection 
                        (a)(5) for fiscal year 2021.
                            ``(iii) 50 states and the district of 
                        columbia.--The amount appropriated under 
                        paragraph (2) that remains after the 
                        application of clauses (i) and (ii) shall be 
                        used to pay pandemic child care assistance 
                        grants for fiscal year 2021 under this 
                        subsection to each State that is one of the 50 
                        States or the District of Columbia in amounts 
                        that bears the same proportion to the amount so 
                        remaining as the amount of the allotment 
                        determined for the State or District under 
                        subsection (a)(2)(B) for fiscal year 2021 bears 
                        to the total amount available for such 
                        allotments under subsection (a)(2)(A) for 
                        fiscal year 2021.
            ``(4) Other funding and payment rules.--
                    ``(A) Payment deadline.--The Secretary shall make 
                quarterly payments to each State, Indian tribe, and 
                tribal organization from the pandemic child care 
                assistance grants determined for the State, Indian 
                tribe, or tribal organization under paragraph (3)(B) 
                for fiscal year 2021.
                    ``(B) No matching requirement.--Neither 
                subparagraph (C) of subsection (a)(2) nor any other 
                cash or in-kind matching requirement shall apply to the 
                pandemic child care assistance grants paid under this 
                subsection.
                    ``(C) Maintenance of effort.--Funds from a pandemic 
                child care assistance grant paid under this subsection 
                must be used to supplement, not supplant State and 
                Tribal general revenue funds for child care assistance 
                for low-income families.
                    ``(D) Period for availability.--The period in which 
                the funds from a pandemic child care assistance grant 
                paid under this subsection to a State, Indian tribe, or 
                tribal organization are available for expenditure is 
                the same period that would apply if the funds were 
                considered amounts allotted to one of the 50 States or 
                the District of Columbia under subsection (a)(2)(B) for 
                fiscal year 2021, payments made to a territory under 
                subsection (a)(5) for such fiscal year, or payments 
                made to Indian tribes and tribal organizations under 
                subsection (a)(4) for such fiscal year.
                    ``(E) Redistribution of unused funds.--The 
                determination as to whether funds from a pandemic child 
                care assistance grant paid to the lead agency of a 
                State, Indian tribe, or tribal organizations under this 
                subsection will not be used during the period in which 
                such funds are available for expenditure, and the 
                procedure for redistributing all such funds, shall be 
                made in the same manner as such determination and 
                redistribution would be made if the funds were 
                considered amounts allotted to one of the 50 States or 
                the District of Columbia under subsection (a)(2)(B) for 
                fiscal year 2021, payments made to a territory under 
                subsection (a)(5) for such fiscal year, or payments 
                made to Indian tribes and tribal organizations under 
                subsection (a)(4) for such fiscal year.
            ``(5) Use of funds.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), pandemic child care assistance grant funds may be 
                used for any purpose for which funds made available 
                under the heading relating to payments to States for 
                the Child Care and Development Block Grant in title 
                VIII of division B of the Coronavirus Aid, Relief, and 
                Economic Security Act (Public Law 116-136) may be used.
                    ``(B) Priority.--If a lead agency chooses to make 
                subgrants from the pandemic child care assistance grant 
                funds paid under this subsection, the lead agency shall 
                give priority to funding child care services that--
                            ``(i) are provided during nontraditional 
                        hours;
                            ``(ii) serve dual language learners, 
                        children with disabilities, children 
                        experiencing homelessness, children in foster 
                        care, children from low-income families, or 
                        infants and toddlers;
                            ``(iii) serve a high proportion of children 
                        whose families are eligible for subsidies under 
                        the Child Care and Development Block Grant Act 
                        of 1990 for the child care; or
                            ``(iv) operate in communities, including 
                        rural communities, with a low supply of child 
                        care.
                    ``(C) Other provisions.--
                            ``(i) Administration through the child care 
                        and development block grant act of 1990.--
                        Except to the extent otherwise provided in this 
                        subsection, subsection (c) shall apply to the 
                        pandemic child care assistance grants paid 
                        under this subsection in the same manner as 
                        that subsection applies to amounts paid under 
                        subsection (a).
                            ``(ii) Application of cares act funding 
                        requirements.--
                                    ``(I) In general.--Except to the 
                                extent otherwise provided in this 
                                subsection, the requirements that apply 
                                to the payments to States for the Child 
                                Care and Development Block Grant in 
                                title VIII of division B of the 
                                Coronavirus Aid, Relief, and Economic 
                                Security Act (Public Law 116-136) shall 
                                apply in the same manner to the 
                                pandemic child care assistance grants 
                                paid under this subsection.
                                    ``(II) Nonapplication of obligation 
                                period.--The 3-fiscal year period 
                                authorized for obligation of payments 
                                to States for the Child Care and 
                                Development Block Grant under Public 
                                Law 116-136 shall not apply to the 
                                pandemic child care assistance grants 
                                paid under this subsection.
                                    ``(III) Extension of eligibility 
                                authority.--The lead agency of a State, 
                                Indian tribe, and tribal organization 
                                is authorized to use pandemic child 
                                care assistance grant funds to provide 
                                child care assistance to any worker 
                                included in the definition of 
                                `essential worker' under paragraph 
                                (7)(D) without regard to the income 
                                eligibility requirements of section 
                                658P(4) of the Child Care and 
                                Development Block Grant Act of 1990.
            ``(6) Reports.--
                    ``(A) Planned use of funds.--Not later than 90 days 
                after the date of enactment of this subsection, the 
                lead agency of each State, Indian tribe, and tribal 
                organization to be paid a pandemic child care 
                assistance grant under this subsection shall submit to 
                the Secretary a report, in such manner as the Secretary 
                may require, describing how the grant funds will be 
                spent. Any State, Indian tribe, or tribal organization 
                shall be held harmless in the event the lead agency of 
                the State, Indian tribe, or tribal organization, 
                despite good faith efforts, is unable to submit such 
                report by such deadline.
                    ``(B) Final report.--Not later than December 31, 
                2022, the lead agency of each State, Indian tribe, and 
                tribal organization paid a pandemic child care 
                assistance grant under this subsection shall submit to 
                the Secretary a final report, in such manner as the 
                Secretary may require, describing how the lead agency 
                spent the pandemic child care assistance grant. Each 
                such report shall include data--
                            ``(i) specifying how the grant funds were 
                        spent to address needs in relation to the 
                        COVID-19 public health emergency;
                            ``(ii) specifying the number and type of 
                        eligible child care providers assisted using 
                        grant funds; and
                            ``(iii) specifying the average income level 
                        of the families assisted using grant funds.
                    ``(C) Submission to congress.--Not later than--
                            ``(i) 180 days after the date of enactment 
                        of this subsection, the Secretary shall submit 
                        to the appropriate committees of Congress a 
                        report summarizing the reports submitted under 
                        subparagraph (A); and
                            ``(ii) April 30, 2024, the Secretary shall 
                        submit to the appropriate committees of 
                        Congress a report summarizing the final reports 
                        submitted under subparagraph (B).
                    ``(D) Continued application of ccdbg reporting 
                requirements.--The reports required under this 
                paragraph are in addition to, and shall not affect, 
                reporting requirements imposed under the Child Care and 
                Development Block Grant Act of 1990, including to the 
                extent information included in a report submitted under 
                this paragraph also is required to be included in a 
                report submitted under that Act, as appropriate.
                    ``(E) Public availability.--Each lead agency 
                submitting a report under this paragraph shall make 
                each such report publicly available concurrent with the 
                submission of the report to the Secretary (or as soon 
                as practicable after submitting the report).
            ``(7) Definitions.--In this subsection:
                    ``(A) Appropriate committees of congress.--The term 
                `appropriate committees of Congress' means the 
                Committee on Appropriations, the Committee on Ways and 
                Means, and the Committee on Education and Labor of the 
                House of Representatives and the Committee on 
                Appropriations, the Committee on Finance, and the 
                Committee on Health, Education, Labor, and Pensions of 
                the Senate.
                    ``(B) COVID-19 public health emergency.--The term 
                `COVID-19 public health emergency' means the public 
                health emergency declared by the Secretary pursuant to 
                section 319 of the Public Health Service Act on January 
                31, 2020, entitled `Determination that a Public Health 
                Emergency Exists Nationwide as the Result of the 2019 
                Novel Coronavirus' and includes any renewal of such 
                declaration pursuant to such section 319 and any State 
                or local governmental declaration of an emergency in 
                response to the coronavirus (COVID-19).
                    ``(C) Eligible child care provider defined.--The 
                term `eligible child care provider' has the meaning 
                given that term in section 658P(6) of the Child Care 
                and Development Block Grant Act of 1990, and includes a 
                provider described in that section without regard to 
                whether the provider received assistance under that Act 
                prior to the COVID-19 public health emergency as a 
                result of the coronavirus.
                    ``(D) Essential worker defined.--The term 
                `essential worker' means--
                            ``(i) a health sector employee;
                            ``(ii) an emergency responder;
                            ``(iii) a sanitation worker;
                            ``(iv) a member of the child care 
                        workforce;
                            ``(v) a member of the child welfare 
                        workforce;
                            ``(vi) a member of the domestic violence 
                        prevention workforce;
                            ``(vii) a member of the prevention services 
                        workforce;
                            ``(viii) a worker at a business which a 
                        State or local government official has 
                        determined must remain open to serve the public 
                        during the COVID-19 public health emergency; 
                        and
                            ``(ix) any other worker who cannot 
                        telework, and whom a State or local government 
                        official deems to be essential during the 
                        COVID-19 public health emergency.
                    ``(E) Indian tribe; tribal organization.--The terms 
                `Indian tribe' and `tribal organization' have the 
                meanings given those terms in section 419(4).
                    ``(F) Lead agency.--The term `lead agency' has the 
                meaning given that term in section 658P(9) of the Child 
                Care and Development Block Grant Act of 1990.
                    ``(G) State.--
                            ``(i) In general.--The term `State' means 
                        the 50 States and the District of Columbia.
                            ``(ii) Territories.--Such term includes the 
                        Commonwealth of Puerto Rico, the United States 
                        Virgin Islands, Guam, American Samoa, and the 
                        Commonwealth of the Northern Mariana 
                        Islands.''.
    (b) Disregard From Limitation on Total Payments to Territories.--
Section 1108(a)(2) of the Social Security Act (42 U.S.C. 1308(a)(2)), 
as amended by section 2(b)(2), is amended by inserting ``418(e),'' 
after ``418(a)(5),''.

SEC. 4. GRANTS TO IMPROVE THE CHILD CARE SUPPLY, QUALITY, AND 
              AFFORDABILITY IN AREAS OF PARTICULAR NEED.

    (a) In General.--Section 418 of the Social Security Act (42 U.S.C. 
618), as amended by section 3(a), is amended by adding at the end the 
following:
    ``(f) Grants To Improve the Child Care Supply, Quality, and 
Affordability in Areas of Particular Need.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, the preceding provisions of this section shall not 
        apply to this subsection.
            ``(2) Appropriations.--
                    ``(A) In general.--For grants under this subsection 
                to improve the supply, quality, and affordability of 
                child care in areas of particular need, there are 
                appropriated $15,000,000,000 for fiscal year 2022.
                    ``(B) Reservations.--Of the amount appropriated 
                under subparagraph (A) for fiscal year 2022, the 
                Secretary shall reserve--
                            ``(i) up to \1/2\ of 1 percent of such 
                        amount to support technical assistance and 
                        dissemination activities related to improving 
                        the supply, quality, and affordability of child 
                        care, including in areas of particular need, 
                        under paragraphs (3) and (4), respectively, of 
                        section 658I(a) of the Child Care and 
                        Development Block Grant Act of 1990; and
                            ``(ii) \1/2\ of 1 percent of such amount to 
                        carry out the evaluation required under 
                        paragraph (8).
                    ``(C) Administrative expenses; technical 
                assistance.--For administrative expenses of the 
                Secretary in administering this subsection, and for 
                providing technical assistance to States and Indian 
                tribes and tribal organizations with respect to the 
                grants authorized under this subsection, there are 
                appropriated $75,000,000 for the period of fiscal years 
                2021 through 2026.
            ``(3) Entitlement to grants.--
                    ``(A) In general.--Each State with an approved 
                planned use of grants funds under paragraph (4), and 
                each Indian tribe and tribal organization that received 
                a payment under subsection (a)(4) for fiscal year 2022 
                with an approved planned use of grant funds under 
                paragraph (4), shall be entitled to be paid a grant 
                under this subsection for fiscal year 2022 from the 
                amount appropriated under subparagraph (A) of paragraph 
                (2) for fiscal year 2022 that remains available after 
                application of the reservations made for the fiscal 
                year under subparagraph (B) of that paragraph.
                    ``(B) Indian tribes.--The Secretary shall reserve 
                an amount equal to 2 percent of the amount so remaining 
                to pay grants for fiscal year 2022 under this 
                subsection to Indian tribes and tribal organizations 
                that received a payment under subsection (a)(4) for 
                fiscal year 2022, in amounts that bear the same 
                proportion to the amount so reserved as the amount of 
                the payment made to each such Indian tribe and tribal 
                organization under subsection (a)(4) for fiscal year 
                2022 bears to the total amount paid under that 
                subsection for such fiscal year.
                    ``(C) Territories.--The Secretary shall reserve an 
                amount equal to 2 percent of the amount so remaining to 
                pay grants for fiscal year 2022 under this subsection 
                to each State that is a territory specified in 
                subsection (e)(7)(G)(ii) in amounts that bear the same 
                proportion to the amount so reserved as the amount of 
                the payment made to each such territory under 
                subsection (e)(3)(B)(ii) for fiscal year 2022 bears to 
                the total amount paid to all such territories under 
                that subsection for such fiscal year.
                    ``(D) 50 states and the district of columbia.--The 
                Secretary shall use the amount that remains after the 
                application of subparagraphs (B) and (C) to pay grants 
                for fiscal year 2022 under this subsection to each of 
                the 50 States and the District of Columbia in amounts 
                that bear the same proportion to the amount so 
                remaining as the amount of the payment made to each 
                such State and District under subsection (e)(3)(B)(iii) 
                for fiscal year 2022 bears to the total amount paid to 
                all of the 50 States and the District of Columbia under 
                that subsection for such fiscal year.
            ``(4) Incorporation into ccdbg plan.--
                    ``(A) Contents.--In order to be paid a grant under 
                this subsection for fiscal year 2022, the lead agency 
                of a State, Indian tribe, or tribal organization shall 
                submit to the Secretary, as part of the initial 
                submission of the Child Care and Development Block 
                Grant plan for the period that includes fiscal year 
                2022, or as an amendment to that plan, a description of 
                the planned use of grant funds that--
                            ``(i) describes the demographic, economic, 
                        and other data and criteria the lead agency 
                        proposes to use to determine whether an area is 
                        in particular need of child care;
                            ``(ii) identifies specific areas determined 
                        to be in particular need of child care, where 
                        such areas are located, the size and scope of 
                        such areas, and the age groups of children in 
                        need of child care in such areas;
                            ``(iii) outlines how the lead agency 
                        proposes to use the grant funds to increase the 
                        child care supply, quality, and affordability 
                        for all families, including families who are 
                        eligible for subsidies under the Child Care and 
                        Development Block Grant Act of 1990, in the 
                        areas determined to be in particular need of 
                        child care through activities such as--
                                    ``(I) contracting with child care 
                                providers to pay for specified numbers 
                                of child care slots (including slots in 
                                family child care homes);
                                    ``(II) establishing or expanding 
                                the operation of community or 
                                neighborhood-based family child care 
                                network;
                                    ``(III) furnishing child care 
                                providers with start-up funding, 
                                technical assistance, and support for 
                                improving business practices;
                                    ``(IV) recruiting child care 
                                providers and staff;
                                    ``(V) supporting the training and 
                                professional development of the child 
                                care workforce;
                                    ``(VI) establishing or increasing 
                                payment rates based on cost of care 
                                model; or
                                    ``(VII) subject to subparagraph 
                                (C), providing financial support 
                                (without regard to limitations on 
                                expenditures imposed under section 
                                658F(b) of the Child Care and 
                                Development Block Grant Act of 1990) 
                                for projects involving the purchase or 
                                improvement of land, a major 
                                renovation, repurposing facilities, the 
                                purchase, construction, or permanent 
                                improvement of any building or 
                                facility, including minor remodeling 
                                and for upgrading child care facilities 
                                to assure that providers meet State and 
                                local child care standards, including 
                                applicable health and safety 
                                requirements; and
                            ``(iv) contains such other information as 
                        the Secretary may require.
                    ``(B) Approval.--The Secretary shall approve a 
                description of the planned use of grant funds that 
                contains the information required under subparagraph 
                (A), and, with respect to the proposed criteria 
                required under subparagraph (A)(i), shall accept any 
                reasonable criteria that are based on internal analyses 
                or analyses by organizations with experience in 
                evaluating research on various approaches to 
                identifying areas in particular need of child care.
                    ``(C) Special rules.--
                            ``(i) In general.--The Secretary shall 
                        develop parameters on the use of funds from an 
                        allotment paid under this subsection for 
                        projects described in subparagraph 
                        (A)(iii)(VII).
                            ``(ii) Requirement.--The parameters 
                        developed under clause (i) shall provide that, 
                        in the case of funds from an allotment paid 
                        under this subsection that are used for 
                        projects described in subparagraph 
                        (A)(iii)(VII)--
                                    ``(I) for such projects involving a 
                                privately owned family child care home, 
                                the Secretary shall not retain any 
                                Federal interest; and
                                    ``(II) for all other such projects, 
                                the Secretary shall not retain a 
                                Federal interest after a period of 10 
                                years.
            ``(5) Other funding and payment rules.--
                    ``(A) Approval and payment deadline.--The Secretary 
                shall make quarterly payments to the lead agency of 
                each State, Indian tribe, and tribal organization with 
                a planned use of funds submission approved under 
                paragraph (4) from the grant determined for the State, 
                Indian tribe, or tribal organization under paragraph 
                (3) for fiscal year 2022.
                    ``(B) No matching requirement.--Neither 
                subparagraph (C) of subsection (a)(2) nor any other 
                cash or in-kind matching requirement shall apply to the 
                grants paid under this subsection.
                    ``(C) Maintenance of effort.--Funds from a grant 
                paid under this subsection must be used to supplement, 
                not supplant State and Tribal general revenue funds for 
                child care assistance for low-income families.
                    ``(D) Period for availability.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the period in which the funds from 
                        grants paid under this subsection to a State, 
                        Indian tribe, or tribal organization are 
                        available for expenditure is the same period 
                        that would apply if the funds were considered 
                        amounts allotted to one of the 50 States or the 
                        District of Columbia under subsection (a)(2)(B) 
                        for fiscal year 2022, payments made to a 
                        territory under subsection (a)(5) for such 
                        fiscal year, or payments made to Indian tribes 
                        and tribal organizations under subsection 
                        (a)(4) for such fiscal year.
                            ``(ii) Extension of availability of funds 
                        used for certain projects.--If funds from a 
                        grant paid under this subsection are used to 
                        provide financial support for a project 
                        described in paragraph (4)(A)(iii)(VII), the 
                        funds shall remain available for expenditure by 
                        the lead agency of a State, Indian tribe, or 
                        tribal organization through September 30, 2026.
                    ``(E) Redistribution of unused funds.--Subject to 
                subparagraph (D)(ii), the determination as to whether 
                funds from a grant paid to the lead agency of a State, 
                Indian tribe, or tribal organizations under this 
                subsection will not be used during the period in which 
                such funds are available for expenditure, and the 
                procedure for redistributing all such funds, shall be 
                made in the same manner as such determination and 
                redistribution would be made if the funds were 
                considered amounts allotted to one of the 50 States or 
                the District of Columbia under subsection (a)(2)(B) for 
                fiscal year 2022, payments made to a territory under 
                subsection (a)(5) for such fiscal year, or payments 
                made to Indian tribes and tribal organizations under 
                subsection (a)(4) for such fiscal year.
            ``(6) Use of funds.--
                    ``(A) In general.--To the extent permitted under 
                section 658G(b) of the Child Care and Development Block 
                Grant Act of 1990 and the approved planned use of funds 
                submission of the lead agency of a State, Indian tribe, 
                or tribal organization under paragraph (4), each such 
                lead agency shall use funds from a grant paid under 
                this subsection to increase the supply, quality, and 
                affordability of child care in areas determined to be 
                in particular need of child care (with activities 
                provided directly, or through grants or contracts with 
                local child care resource and referral organizations or 
                other appropriate entities). Activities carried out 
                with such funds shall be--
                            ``(i) designed to improve the quality of 
                        child care services and increase parental 
                        options for, and access to, high-quality child 
                        care, especially in areas of concentrated 
                        poverty; and
                            ``(ii) in alignment with the most recent 
                        Statewide assessment of the State's needs to 
                        carry out such services and care.
                    ``(B) Priority.--If a lead agency chooses to make 
                subgrants from the funds paid under this subsection, 
                each such lead agency shall give priority to funding 
                child care services that--
                            ``(i) are provided during nontraditional 
                        hours;
                            ``(ii) serve dual language learners, 
                        children with disabilities, children 
                        experiencing homelessness, children in foster 
                        care, children from low-income families, or 
                        infants and toddlers;
                            ``(iii) serve a high proportion of children 
                        whose families are eligible for subsidies under 
                        the Child Care and Development Block Grant Act 
                        of 1990 for the child care; or
                            ``(iv) operate in communities, including 
                        rural communities, with a low supply of child 
                        care.
                    ``(C) Administrative costs.--Fund from a grant paid 
                under this subsection may be used for administrative 
                costs, not to exceed--
                            ``(i) 5 percent of such funds in the case 
                        of a grant paid to the lead agency of a State; 
                        and
                            ``(ii) 15 percent of such funds in the case 
                        of a grant paid to the lead agency of an Indian 
                        tribe or tribal organization.
                    ``(D) Administration through the child care and 
                development block grant act of 1990.--
                            ``(i) In general.--Except as provided in 
                        clause (ii) or to the extent otherwise provided 
                        in this subsection, subsection (c) shall apply 
                        to the grants paid under this subsection in the 
                        same manner as that subsection applies to 
                        amounts paid under subsection (a).
                            ``(ii) Nonapplication of certain use of 
                        funds requirements.--The requirements of 
                        subparagraphs (D) and (E) of section 658E(c)(3) 
                        of the Child Care and Development Block Grant 
                        Act of 1990 shall not apply to the grants paid 
                        under this subsection.
            ``(7) Reports.--
                    ``(A) In general.--The lead agency of each State, 
                Indian tribe, and tribal organization paid a grant 
                under this subsection shall submit to the Secretary a 
                final report, in such manner as the Secretary may 
                require, describing how the lead agency spent the 
                grant. The report shall be submitted not later than 
                December 31, 2024.
                    ``(B) Content.--The report shall include data 
                that--
                            ``(i) describes the impact of such 
                        expenditures on the supply of child care in the 
                        areas determined to be in particular need of 
                        child care by the lead agency, including with 
                        respect to the pre-grant award and post-grant 
                        award assessment of the number of Child Care 
                        and Development Block Grant-eligible child care 
                        slots available in such areas and the pre-grant 
                        award and post-grant award assessment of the 
                        number of regulated and unregulated or exempt 
                        care providers in such areas;
                            ``(ii) details whether funds were used for 
                        projects described in paragraph 
                        (4)(A)(iii)(VII) and the status of such 
                        projects, including if they are ongoing at the 
                        time of reporting; and
                            ``(iii) to the extent lead agencies at 
                        their discretion have such data available, 
                        describes the impact of such expenditures on 
                        the supply, quality, and affordability of child 
                        care in the areas determined to be in 
                        particular need of child care by the lead 
                        agency, and on the extent to which areas in 
                        which such funds were used experienced outcomes 
                        that reduced the conditions in such areas which 
                        factored into such determination.
                    ``(C) Submission to congress.--Not later than April 
                30, 2025, the Secretary shall submit to the appropriate 
                committees of Congress a report summarizing the reports 
                submitted under subparagraph (A).
                    ``(D) Continued application of ccdbg reporting 
                requirements.--The reports required under this 
                paragraph are in addition to, and shall not affect, 
                reporting requirements imposed under the Child Care and 
                Development Block Grant Act of 1990, including to the 
                extent information included in a report submitted under 
                this paragraph also is required to be included in a 
                report submitted under that Act.
            ``(8) Evaluation.--
                    ``(A) In general.--From a geographically diverse 
                selection of the lead agencies paid a grant under this 
                subsection that includes representation of States, 
                territories specified in subsection (e)(7)(G)(ii), and 
                Indian tribes and tribal organizations, the Secretary 
                shall evaluate the impact of the activities carried out 
                by such lead agencies with respect to improving the 
                supply, quality, and affordability of child care in the 
                areas determined to be in particular need of child care 
                by such lead agencies.
                    ``(B) Quality assessment.--In evaluating the extent 
                to which there are improvements in the quality of child 
                care in the areas determined to be in particular need 
                of child care, the Secretary shall focus on at least 
                five of the following areas:
                            ``(i) Ratios of staff to children.
                            ``(ii) Age-appropriate curriculum.
                            ``(iii) Approaches to instruction.
                            ``(iv) Relationship quality between 
                        children and staff.
                            ``(v) Children's learning and development.
                            ``(vi) Physical environment quality and 
                        ability to protect children and staff from 
                        illness and injury.
                            ``(vii) Credentials, experience and 
                        specialized training of staff.
                            ``(viii) Opportunities for staff 
                        professional development.
                            ``(ix) Ability to foster relationships with 
                        families and communities.
                            ``(x) Leadership and management capacity.
                            ``(xi) Creating a stable work environment 
                        for staff retention.
                    ``(C) Report.--Not later than September 30, 2025, 
                the Secretary shall a report to Congress on the results 
                of the evaluation conducted under this paragraph.
            ``(9) Definitions.--In this subsection, the terms 
        `appropriate committees of Congress', `Indian tribe', `lead 
        agency', `tribal organization', and `State' have the meanings 
        given those terms in subsection (e)(7).''.
    (b) Disregard From Limitation on Total Payments to Territories.--
Section 1108(a)(2) of the Social Security Act (42 U.S.C. 1308(a)(2)), 
as amended by section 3(b), is amended by inserting ``418(f),'' after 
``418(e),''.
                                 <all>
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