I 
118TH CONGRESS 
1ST SESSION H. R. 5876 
To amend part A of title IV of the Social Security Act to provide funding 
to sustain and increase the supply and quality of child care, access 
to child care, and the child care workforce, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 3, 2023 
Mr. DAVIS of Illinois (for himself, Ms. BONAMICI, Ms. MOORE of Wisconsin, 
Ms. PLASKETT, and Mr. HORSFORD) introduced the following bill; which 
was referred to the Committee on Ways and Means 
A BILL 
To amend part A of title IV of the Social Security Act 
to provide funding to sustain and increase the supply 
and quality of child care, access to child care, and the 
child care workforce, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Building Child Care 
for a Better Future Act’’. 
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SEC. 2. INCREASED FUNDING FOR THE CHILD CARE ENTI-
TLEMENT TO STATES. 
(a) IN GENERAL.—Section 418(a)(3) of the Social 
Security Act (42 U.S.C. 618(a)(3)) is amended to read 
as follows: 
‘‘(3) APPROPRIATION.— 
‘‘(A) IN GENERAL.—For grants under this 
section, there are appropriated— 
‘‘(i) 
for 
fiscal 
year 
2024, 
$10,000,000,000; and 
‘‘(ii) for each fiscal year after fiscal 
year 2024, the greater of— 
‘‘(I) the amount appropriated 
under this subparagraph for the pre-
vious fiscal year, increased by the per-
centage increase (if any) in the con-
sumer price index for all urban con-
sumers (all items; United States city 
average) for the most recent 12- 
month period for which data is avail-
able; and 
‘‘(II) the amount appropriated 
under this subparagraph for the pre-
vious fiscal year. 
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‘‘(B) 
AMOUNTS
RESERVED.—Of 
the 
amount appropriated under subparagraph (A) 
for a fiscal year— 
‘‘(i) an amount equal to 5 percent of 
such amount shall be available for grants 
to Indian Tribes and Tribal organizations; 
‘‘(ii) an amount equal to 4 percent of 
such amount shall be available for grants 
to territories; 
‘‘(iii) an amount, not to exceed 1⁄2 of 
1 percent of such amount, shall be re-
served by the Secretary to support tech-
nical assistance and dissemination activi-
ties under paragraphs (3) and (4) of sec-
tion 658I(a) of the Child Care and Devel-
opment Block Grant Act of 1990; and 
‘‘(iv) an amount equal to 1⁄2 of 1 per-
cent of such amount appropriated may be 
reserved by the Secretary to conduct re-
search and demonstration activities, as well 
as periodic external, independent evalua-
tions of the impact of the Child Care and 
Development Block Grant program estab-
lished under subchapter C of chapter 8 of 
title VI of the Omnibus Budget Reconcili-
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ation Act of 1981 (Public Law 97–35), as 
carried out under this subsection and 
under such subchapter, on increasing ac-
cess to child care services and improving 
the safety and quality of child care serv-
ices, using scientifically valid research 
methodologies, and to disseminate the key 
findings of those evaluations widely and on 
a timely basis.’’. 
(b) REDISTRIBUTION
OF FUNDS RESERVED
FOR 
TRIBAL GRANTS.—Section 418(a) of such Act (42 U.S.C. 
618(a)) is amended— 
(1) by redesignating paragraph (5) as para-
graph (6); and 
(2) by inserting after paragraph (4), the fol-
lowing: 
‘‘(5) REDISTRIBUTION
OF
UNUSED
TRIBAL 
GRANTS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
determine an appropriate procedure for redis-
tributing the amounts described in subpara-
graph (B) for each fiscal year to each Indian 
Tribe and Tribal organization that applies for 
such amounts, to the extent the Secretary de-
termines that the Indian Tribe or Tribal orga-
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nization will be able to use such additional 
amounts to provide child care assistance. 
‘‘(B) 
AMOUNTS
DESCRIBED.—The 
amounts described in this subparagraph are, 
with respect to a fiscal year, the unused 
amounts of any payment made to an Indian 
Tribe or Tribal organization under this sub-
section for the fiscal year which the Secretary 
determines will not be used by the Indian Tribe 
or Tribal organization during the period in 
which such payments are available to be obli-
gated.’’. 
(c) 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’’. 
(d) TECHNICAL AND CONFORMING AMENDMENTS.— 
Section 418 of such Act (42 U.S.C. 618(a)) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), in the matter pre-
ceding subparagraph (A), by striking ‘‘para-
graph (3)’’ and inserting ‘‘paragraph (3)(A) 
and remaining after the application of para-
graph (3)(B),’’; 
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(B) in paragraph (2)(A), by striking 
‘‘paragraph (3)(A),’’ and inserting ‘‘paragraph 
(3)(A) and remaining after the application of 
paragraph (3)(B) and’’; 
(C) in paragraph (4)— 
(i) in subparagraph (A), by striking 
‘‘paragraph (3)(C)’’ and inserting ‘‘para-
graph (3)(B)(ii)’’; and 
(ii) by striking subparagraph (E); and 
(D) in paragraph (6), (as redesignated by 
subsection (b)(1)), by inserting ‘‘(as in effect on 
June 29, 2003)’’ after ‘‘section 403(a)(1)(D)’’; 
(2) in subsection (b)(1), by striking ‘‘by a State 
under this section’’ and inserting ‘‘by a State, a ter-
ritory, or an Indian Tribe or Tribal organization 
under subsection (a)’’; 
(3) by striking subsection (c) and inserting the 
following: 
‘‘(c) APPLICATION OF CHILD CARE AND DEVELOP-
MENT BLOCK GRANT ACT of 1990.—Notwithstanding any 
other provision of law, amounts provided to a State, a ter-
ritory, or a Indian Tribe or Tribal organization under sub-
section (a) shall be transferred to the lead agency under 
the Child Care and Development Block Grant Act of 1990, 
integrated by the State, territory, or Indian Tribe or Trib-
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al organization into the programs established by the State, 
territory, Indian Tribe or Tribal organization under such 
Act, and be subject to requirements and limitations of 
such Act.’’; and 
(4) by striking subsection (d) and inserting the 
following: 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) INDIAN TRIBE.—The term ‘Indian Tribe’ 
means entities included on the list published pursu-
ant to section 104(a) of the Federally Recognized 
Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)). 
‘‘(2) STATE.—The term ‘State’ means each of 
the 50 States and the District of Columbia. 
‘‘(3) TERRITORY.—The term ‘territory’ means 
the Commonwealth of Puerto Rico, the United 
States Virgin Islands, Guam, American Samoa, and 
the Commonwealth of the Northern Mariana Is-
lands. 
‘‘(4) TRIBAL ORGANIZATION.—The term ‘Tribal 
organization’ means— 
‘‘(A) the recognized governing body of any 
Indian Tribe, and any legally established orga-
nization of Indians which is controlled, sanc-
tioned, or chartered by such governing body or 
which is democratically elected by the adult 
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members of the Indian community to be served 
by such organization and which includes the 
maximum participation of Indians in all phases 
of its activities, except that in any case where 
a contract is let or grant made to an organiza-
tion to perform services benefitting more than 
one Indian Tribe, the approval of each such In-
dian Tribe shall be a prerequisite to the letting 
or making of such contract or grant; and 
‘‘(B) includes a Native Hawaiian organiza-
tion, as defined in section 6207 of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 7517) and a private nonprofit organiza-
tion established for the purpose of serving 
youth who are Indians or Native Hawaiians.’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section take effect on October 1, 2023. 
SEC. 3. GRANTS TO IMPROVE CHILD CARE WORKFORCE, 
SUPPLY, QUALITY, AND ACCESS IN AREAS OF 
PARTICULAR NEED. 
(a) IN GENERAL.—Section 418 of the Social Security 
Act (42 U.S.C. 618), as amended by section 2, is further 
amended by adding at the end the following: 
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‘‘(e) GRANTS TO IMPROVE CHILD CARE WORK-
FORCE, SUPPLY, QUALITY, AND ACCESS IN AREAS OF 
PARTICULAR NEED.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided 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 child care workforce, sup-
ply, quality, and access in areas of particular 
need, there are appropriated $5,000,000,000 
for each fiscal year. 
‘‘(B) 
AMOUNTS
RESERVED.—Of 
the 
amount appropriated under subparagraph (A) 
for a fiscal year, the Secretary shall reserve— 
‘‘(i) an amount equal to 5 percent of 
such amount for grants to Indian Tribes 
and Tribal organizations; 
‘‘(ii) an amount equal to 4 percent of 
such amount for grants to territories; 
‘‘(iii) an amount, not to exceed 1⁄2 of 
1 percent of such amount, to support tech-
nical assistance and dissemination activi-
ties related to improving child care work-
force, supply, quality, and access, including 
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in areas of particular need, under para-
graphs (3) and (4), respectively, of section 
658I(a) of the Child Care and Develop-
ment Block Grant Act of 1990; 
‘‘(iv) an amount equal to 1⁄2 of 1 per-
cent of such amount to carry out the eval-
uation required under paragraph (8); and 
‘‘(v) an amount, not to exceed 3 per-
cent of such amount, for administrative ex-
penses of the Secretary in administering 
this subsection. 
‘‘(3) GRANTS.— 
‘‘(A) INDIAN TRIBES AND TRIBAL ORGANI-
ZATIONS.—The Secretary shall use the amount 
reserved under paragraph (2)(B)(i) for a fiscal 
year to make grants under this subsection for 
the fiscal year to Indian Tribes and Tribal or-
ganizations in amounts that shall be allotted 
among Indian Tribes and Tribal organizations 
in proportion to their respective needs. 
‘‘(B) TERRITORIES.—The Secretary shall 
use the amount reserved under paragraph 
(2)(B)(ii) for a fiscal year to make grants 
under this subsection for the fiscal year to each 
territory in amounts that shall be allotted 
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among the territories in proportion to their re-
spective needs. 
‘‘(C) STATES.—The Secretary shall use the 
amount appropriated under subparagraph (A) 
of paragraph (2) for a fiscal year that remains 
after the application of subparagraph (B) of 
that paragraph, to make grants for the fiscal 
year under this subsection to each State in 
amounts that bear the same proportion to the 
amount so remaining as the sum of the amount 
granted under paragraph (1) of subsection (a) 
and the amount allotted and paid under para-
graph (2) of subsection (a) to each such State 
for the fiscal year (without regard to amounts 
redistributed under subparagraph (D) of sub-
section (a)(2) for the fiscal year) bears to the 
total amounts granted and allotted to all of the 
States under paragraphs (1) and (2) of that 
subsection for such fiscal year. 
‘‘(4) INCORPORATION INTO CCDBG PLAN.— 
‘‘(A) CONTENTS.—In order to be paid a 
grant under this subsection for a fiscal year, 
the lead agency of a State, territory, Indian 
Tribe, or Tribal organization shall submit to 
the Secretary, as part of the initial submission 
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of the Child Care and Development Block 
Grant plan for the period that includes such fis-
cal year, or as an amendment to that plan, a 
description of the planned use of grant funds 
that— 
‘‘(i) describes the demographic and 
economic data and other criteria the lead 
agency proposes to use to determine 
whether an area is in particular need of 
child care; 
‘‘(ii) describes how community mem-
bers were engaged to identify community- 
specific needs such as diverse types of care 
delivery, care for infant and toddlers, mul-
tilingual care, and nontraditional oper-
ational hours; 
‘‘(iii) identifies specific areas deter-
mined 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; 
‘‘(iv) outlines how the lead agency 
proposes to use the grant funds to increase 
child care workforce, supply, quality, and 
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access 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 ac-
tivities such as— 
‘‘(I) contracting and providing 
grants to child care providers to pay 
for specified numbers of child care 
slots (including slots in family child 
care homes) and to build supply and 
stability by including expectations for 
compensation in the contracts and 
grants; 
‘‘(II) establishing or expanding 
the operation of community or neigh-
borhood-based family child care net-
works by providing grants and con-
tracts for training and other activities 
that increase the supply and quality of 
family child care; 
‘‘(III) furnishing child care pro-
viders with start-up funding, technical 
assistance, 
support 
for 
improving 
business practices, and support navi-
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gating real estate financing and devel-
opment processes, including leveraging 
additional 
facilities 
financing 
re-
sources; 
‘‘(IV) providing guidance to child 
care providers on negotiating with 
landlords or applying for land or 
home ownership; 
‘‘(V) providing technical assist-
ance to child care providers through-
out the child care licensing process; 
‘‘(VI) recruiting child care pro-
viders and staff; 
‘‘(VII) supporting the training 
and professional development of the 
child care workforce including through 
apprenticeships, 
partnerships 
with 
labor unions or labor-management 
partnerships, and partnerships with 
public and nonprofit institutions of 
higher education to provide com-
prehensive scholarships that support 
equitable access to, and completion of, 
credentials and degrees in early child-
hood education; 
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