more employees who perform domestic service 
(within the meaning of section 3121(a)(7) of 
such Code) in the private home of such em-
ployer, with respect to such employees— 
‘‘(i) subparagraph (A) shall be ap-
plied— 
‘‘(I) by substituting ‘employing 
an employee who performs domestic 
service in the private home of such 
employer’ for ‘carrying on a trade or 
business’ in clause (i) thereof, and 
‘‘(II) by substituting ‘such em-
ployment’ for ‘the operation of the 
trade or business’ in clause (ii)(I) 
thereof, 
‘‘(ii) subclause (II) of subparagraph 
(A)(ii) shall not apply, and 
‘‘(iii) such employer shall be treated 
as a large employer.’’. 
(b) 
DENIAL
OF
DOUBLE
BENEFIT.—Section 
2301(h)(2) of the CARES Act is amended— 
(1) by striking ‘‘shall not be taken into account 
for purposes of’’ and inserting ‘‘shall not be taken 
into account— 
‘‘(A) for purposes of’’,
(2) by striking the period at the end and insert-
ing ‘‘, and’’, and 
(3) by adding at the end the following: 
‘‘(B) if such wages are paid for domestic 
service described in subsection (c)(2)(E), as em-
ployment-related expenses for purposes of sec-
tion 21 of such Code. 
In the case of any individual who pays wages for do-
mestic service described in subsection (c)(2)(E) and 
receives a reimbursement for such wages which is 
excludible from gross income under section 129 of 
such Code, such wages shall not be treated as quali-
fied wages for purposes of this section.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect as if included in section 2301 
of the CARES Act. 
SEC. 408. CHILD CARE STABILIZATION FUNDS. 
(a) IN GENERAL.—Section 418(a)(3) of the Social 
Security Act (42 U.S.C. 618(a)(3)) is amended by striking 
‘‘$2,917,000,000 for each of fiscal years 2017 and 2018’’ 
and inserting ‘‘$10,000,000,000 for each of fiscal years 
2020 through 2024’’. 
(b) ADDITIONAL FUNDS NOT SUBJECT TO STATE 
MATCH REQUIREMENT.—With respect to the amounts ap-
propriated in section 418(a)(3) of the Social Security Act
in excess of $2,917,000,000 for each of fiscal years 2020 
and 2021, section 418(a)(2)(C) of such Act shall be ap-
plied and administered with respect to any State that is 
entitled to receive the entire amount that would be allotted 
to the State under section 418(a)(2)(B) of such Act for 
the fiscal year in the absence of this section, as if the Fed-
eral medical assistance percentage for the State for the 
fiscal year were 100 percent. 
SEC. 409. FAMILY CARE FOR ESSENTIAL WORKERS. 
(a) INCREASE IN FUNDING.—The amount specified 
in subsection (c) of section 2003 of the Social Security 
Act for purposes of subsections (a) and (b) of such section 
is deemed to be $2,550,000,000 for fiscal year 2020, of 
which $850,000,000 shall be obligated by States during 
calendar year 2020 in accordance with subsection (b) of 
this section. 
(b) RULES
GOVERNING
USE
OF
ADDITIONAL 
FUNDS.— 
(1) IN GENERAL.—Funds are used in accord-
ance with this subsection if— 
(A) the funds are used for— 
(i) child care services for a child of an 
essential worker; or
(ii) daytime care services or other 
adult protective services for an individual 
who— 
(I) is a dependent, or a member 
of the household of, an essential work-
er; and 
(II) requires the services; 
(B) the funds are provided to reimburse an 
essential worker for the cost of obtaining the 
services (including child and adult care services 
obtained on or after the date the Secretary of 
Health and Human Services declared a public 
health emergency 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’’), to a 
provider of child or adult care services, or to es-
tablish a temporary child care facility operated 
by a State or local government; 
(C) eligibility for the funds or services, and 
the amount of funds or services provided, is not 
conditioned on a means test; 
(D) the funds are used in consultation with 
the lead agency designated pursuant to section
658D(a) of the Child Care and Development 
Block Grant Act of 1990 by the State involved 
and subject to the limitations in section 2005 of 
the Social Security Act, except that, for pur-
poses of this subparagraph— 
(i) paragraphs (3), (5), and (8) of sec-
tion 2005(a) of such Act shall not apply; 
and 
(ii)(I) 
the 
limitation 
in 
section 
2005(a)(7) of such Act shall not apply 
with respect to any standard which the 
State involved determines would impede 
the ability of the State to provide emer-
gency temporary care to a child, depend-
ent, or household member referred to in 
subparagraph (A) of this paragraph if the 
emergency temporary care would not en-
danger the health, safety, or development 
of children who received the care and care 
would otherwise not be available to support 
the immediate, short-term family care 
needs of essential workers; and 
(II) if the State determines that such 
a standard would be so impeding, the 
State shall report the determination to the
Secretary, including a description of how 
exempting standards that may impede the 
ability of the State to provide emergency 
temporary care did not endanger the 
health, safety, or development of children 
who received emergency temporary care, 
separately from the annual report to the 
Secretary by the State; 
(E) the funds are used to supplement, not 
supplant, State general revenue funds for child 
care assistance; and 
(F) the funds are not used for child care 
costs that are— 
(i) covered by funds provided under 
the Head Start Act, a preschool develop-
ment grant under section 9121 of the 
Every Student Succeeds Act (42 U.S.C. 
9831 note), the Child Care and Develop-
ment Block Grant Act of 1990, section 
418 of the Social Security Act, or another 
federally funded dependent care program; 
or 
(ii) reimbursable by the Federal 
Emergency Management Agency.
(2) ESSENTIAL
WORKER
DEFINED.—In para-
graph (1), the term ‘‘essential worker’’ means— 
(A) a health sector employee; 
(B) an emergency response worker; 
(C) a child care worker; 
(D) a sanitation worker; 
(E) a worker at a business which a State 
or local government official has determined 
must remain open to serve the public during the 
emergency referred to in paragraph (1)(B); and 
(F) any other worker who cannot telework, 
and whom the State deems to be essential dur-
ing the emergency referred to in paragraph 
(1)(B). 
SEC. 410. INFRASTRUCTURE GRANTS TO IMPROVE CHILD 
CARE SAFETY. 
(a) IN GENERAL.—Part A of title IV of the Social 
Security Act (42 U.S.C. 601 et seq.) is amended by insert-
ing after section 418 the following: 
‘‘SEC. 418A. INFRASTRUCTURE GRANTS TO IMPROVE CHILD 
CARE SAFETY. 
‘‘(a) SHORT TITLE.—This section may be cited as the 
‘Infrastructure Grants To Improve Child Care Safety Act 
of 2020’. 
‘‘(b) NEEDS ASSESSMENTS.—
‘‘(1) IMMEDIATE NEEDS ASSESSMENT.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
conduct an immediate needs assessment of the 
condition of child care facilities throughout the 
United States (with priority given to child care 
facilities that receive Federal funds), that— 
‘‘(i) determines the extent to which 
the COVID–19 pandemic has created im-
mediate infrastructure needs, including in-
frastructure-related 
health 
and 
safety 
needs, which must be addressed for child 
care facilities to operate in compliance with 
public health guidelines; 
‘‘(ii) considers the effects of the pan-
demic on a variety of child care centers, in-
cluding home-based centers; and 
‘‘(iii) considers how the pandemic has 
impacted specific metrics, such as— 
‘‘(I) capacity; 
‘‘(II) investments in infrastruc-
ture changes; 
‘‘(III) the types of infrastructure 
changes centers need to implement 
and their associated costs; 
‘‘(IV) the price of tuition; and
‘‘(V) any changes or anticipated 
changes in the number and demo-
graphic of children attending. 
‘‘(B) TIMING.—The immediate needs as-
sessment should occur simultaneously with the 
first grant-making cycle under subsection (c). 
‘‘(C) REPORT.—Not later than 1 year 
after the date of the enactment of this section, 
the Secretary shall submit to the Congress a re-
port containing the result of the needs assess-
ment conducted under subparagraph (A), and 
make the assessment publicly available. 
‘‘(2) LONG-TERM NEEDS ASSESSMENT.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
conduct a long-term assessment of the condition 
of child care facilities throughout the United 
States (with priority given to child care facili-
ties that receive Federal funds). The assess-
ment may be conducted through representative 
random sampling. 
‘‘(B) REPORT.—Not later than 4 years 
after the date of the enactment of this section, 
the Secretary shall submit to the Congress a re-
port containing the results of the needs assess-
ment conducted under subparagraph (A), and 
make the assessment publicly available. 
‘‘(c) CHILD CARE FACILITIES GRANTS.— 
‘‘(1) GRANTS TO STATES.— 
‘‘(A) IN
GENERAL.—The Secretary may 
award grants to States for the purpose of ac-
quiring, constructing, renovating, or improving 
child care facilities, including adapting, re-
configuring, or expanding facilities to respond 
to the COVID–19 pandemic. 
‘‘(B) PRIORITIZED FACILITIES.—The Sec-
retary may not award a grant to a State under 
subparagraph (A) unless the State involved 
agrees, with respect to the use of grant funds, 
to prioritize— 
‘‘(i) child care facilities primarily serv-
ing low-income populations; 
‘‘(ii) child care facilities primarily 
serving children who have not attained the 
age of 5 years; 
‘‘(iii) child care facilities that closed 
during the COVID–19 pandemic and are 
unable to open without making modifica-
tions to the facility that would otherwise be
required to ensure the health and safety of 
children and staff; and 
‘‘(iv) child care facilities that serve the 
children of parents classified as essential 
workers during the COVID–19 pandemic. 
‘‘(C) DURATION
OF
GRANTS.—A grant 
under this subsection shall be awarded for a pe-
riod of not more than 5 years. 
‘‘(D) APPLICATION.—To seek a grant 
under this subsection, a State shall submit to 
the Secretary an application at such time, in 
such manner, and containing such information 
as the Secretary may require, which informa-
tion shall— 
‘‘(i) be disaggregated as the Secretary 
may require; and 
‘‘(ii) include a plan to use a portion of 
the grant funds to report back to the Sec-
retary on the impact of using the grant 
funds to improve child care facilities. 
‘‘(E) PRIORITY.—In selecting States for 
grants under this subsection, the Secretary 
shall prioritize States that— 
‘‘(i) plan to improve center-based and 
home-based child care programs, which
may include a combination of child care 
and early Head Start or Head Start pro-
grams; 
‘‘(ii) aim to meet specific needs across 
urban, suburban, or rural areas as deter-
mined by the State; and 
‘‘(iii) show evidence of collaboration 
with— 
‘‘(I) local government officials; 
‘‘(II) other State agencies; 
‘‘(III) nongovernmental organiza-
tions, such as— 
‘‘(aa) organizations within 
the philanthropic community; 
‘‘(bb) certified community 
development financial institutions 
as defined in section 103 of the 
Community Development Bank-
ing and Financial Institutions 
Act of 1994 (12 U.S.C. 4702) 
that have been certified by the 
Community Development Finan-
cial Institutions Fund (12 U.S.C. 
4703); and
‘‘(cc) 
organizations 
that 
have 
demonstrated 
experience 
in— 
‘‘(AA) providing tech-
nical or financial assistance 
for the acquisition, construc-
tion, renovation, or improve-
ment of child care facilities; 
‘‘(BB) providing tech-
nical, financial, or manage-
rial assistance to child care 
providers; and 
‘‘(CC) securing private 
sources of capital financing 
for child care facilities or 
other low-income community 
development projects; and 
‘‘(IV) local community organiza-
tions, such as— 
‘‘(aa) child care providers; 
‘‘(bb) community care agen-
cies; 
‘‘(cc) resource and referral 
agencies; and 
‘‘(dd) unions.
‘‘(F) CONSIDERATION.—In selecting States 
for grants under this subsection, the Secretary 
shall consider— 
‘‘(i) whether the applicant— 
‘‘(I) has or is developing a plan 
to address child care facility needs; 
and 
‘‘(II) demonstrates the capacity 
to execute such a plan; and 
‘‘(ii) after the date the report required 
by subsection (b)(1)(C) is submitted to the 
Congress, the needs of the applicants 
based on the results of the assessment. 
‘‘(G) DIVERSITY OF AWARDS.—In award-
ing grants under this section, the Secretary 
shall give equal consideration to States with 
varying capacities under subparagraph (F). 
‘‘(H) MATCHING REQUIREMENT.— 
‘‘(i) IN GENERAL.—As a condition for 
the receipt of a grant under subparagraph 
(A), a State that is not an Indian tribe 
shall agree to make available (directly or 
through donations from public or private 
entities) contributions with respect to the 
cost of the activities to be carried out pur-
suant to subparagraph (A), which may be 
provided in cash or in kind, in an amount 
equal to 10 percent of the funds provided 
through the grant. 
‘‘(ii) DETERMINATION
OF
AMOUNT 
CONTRIBUTED.—Contributions required by 
clause (i) may include— 
‘‘(I) amounts provided by the 
Federal Government, or services as-
sisted or subsidized to any significant 
extent by the Federal Government; or 
‘‘(II) philanthropic or private-sec-
tor funds. 
‘‘(I) REPORT.—Not later than 6 months 
after the last day of the grant period, a State 
receiving a grant under this paragraph shall 
submit a report to the Secretary as described in 
subparagraph (D)— 
‘‘(i) to determine the effects of the 
grant in constructing, renovating, or im-
proving child care facilities, including any 
changes in response to the COVID–19 
pandemic and any effects on access to and 
quality of child care; and
‘‘(ii) to provide such other information 
as the Secretary may require. 
‘‘(J) AMOUNT LIMIT.—The annual amount 
of a grant under this paragraph may not exceed 
$35,000,000. 
‘‘(2) GRANTS
TO
INTERMEDIARY
ORGANIZA-
TIONS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
award grants to intermediary organizations, 
such as certified community development finan-
cial institutions, tribal organizations, or other 
organizations with demonstrated experience in 
child care facilities financing, for the purpose of 
providing technical assistance, capacity build-
ing, and financial products to develop or finance 
child care facilities. 
‘‘(B) APPLICATION.—A grant under this 
paragraph may be made only to intermediary 
organizations that submit to the Secretary an 
application at such time, in such manner, and 
containing such information as the Secretary 
may require. 
‘‘(C) PRIORITY.—In selecting intermediary 
organizations for grants under this subsection,
the Secretary shall prioritize intermediary orga-
nizations that— 
‘‘(i) demonstrate experience in child 
care facility financing or related commu-
nity facility financing; 
‘‘(ii) demonstrate the capacity to as-
sist States and local governments in devel-
oping child care facilities and programs; 
‘‘(iii) demonstrate the ability to lever-
age grant funding to support financing 
tools to build the capacity of child care 
providers, such as through credit enhance-
ments; 
‘‘(iv) propose to meet a diversity of 
needs across States and across urban, sub-
urban, and rural areas at varying types of 
center-based, home-based, and other child 
care settings, including early care pro-
grams located in freestanding buildings or 
in mixed-use properties; and 
‘‘(v) propose to focus on child care fa-
cilities primarily serving low-income popu-
lations and children who have not attained 
the age of 5 years.
‘‘(D) AMOUNT LIMIT.—The amount of a 
grant under this paragraph may not exceed 
$10,000,000. 
‘‘(3) REPORT.—Not later than the end of fiscal 
year 2024, the Secretary shall submit to the Con-
gress a report on the effects of the grants provided 
under this subsection, and make the report pub-
lically accessible. 
‘‘(d) LIMITATIONS ON AUTHORIZATION OF APPRO-
PRIATIONS.— 
‘‘(1) IN GENERAL.—To carry out this section, 
there 
is 
authorized 
to 
be 
appropriated 
$10,000,000,000 for fiscal year 2020, which shall 
remain available through fiscal year 2024. 
‘‘(2) RESERVATIONS OF FUNDS.— 
‘‘(A) INDIAN TRIBES.—The Secretary shall 
reserve 3 percent of the total amount made 
available to carry out this section, for payments 
to Indian tribes. 
‘‘(B) TERRITORIES.—The Secretary shall 
reserve 3 percent of the total amount made 
available to carry out this section, for payments 
to territories. 
‘‘(3) GRANTS
FOR
INTERMEDIARY
ORGANIZA-
TIONS.—Not less than 10 percent and not more
than 15 percent of the total amount made available 
to carry out this section may be used to carry out 
subsection (c)(2). 
‘‘(4) LIMITATION
ON
USE
OF
FUNDS
FOR 
NEEDS ASSESSMENTS.—Not more than $5,000,000 
of the amounts made available to carry out this sec-
tion may be used to carry out subsection (b). 
‘‘(e) DEFINITION OF STATE.—In this section, the 
term ‘State’ has the meaning provided in section 419, ex-
cept that it includes the Commonwealth of the Northern 
Mariana Islands and any Indian tribe.’’. 
(b) EXEMPTION OF TERRITORY GRANTS FROM LIMI-
TATION ON TOTAL PAYMENTS TO THE TERRITORIES.— 
Section 1108(a)(2) of such Act (42 U.S.C. 1308(a)(2)) 
is amended by inserting ‘‘418A(c),’’ after ‘‘413(f),’’. 
Passed the House of Representatives July 29, 2020. 
Attest: 
Clerk.
116TH CONGRESS 
2D SESSION 
H. R. 7327 
AN ACT 
Making additional supplemental appropriations for 
disaster relief requirements for the fiscal year 
ending September 30, 2020, and for other pur-
poses.