I 
117TH CONGRESS 
1ST SESSION H. R. 3797 
To amend section 2202 of the American Rescue Plan Act of 2021 to authorize 
States to expand the uses of the child care stabilization funds to include 
support to improve and increase the availability of safe child care facili-
ties, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 8, 2021 
Mrs. SPARTZ (for herself and Mr. SMITH of Nebraska) introduced the 
following bill; which was referred to the Committee on Education and Labor 
A BILL 
To amend section 2202 of the American Rescue Plan Act 
of 2021 to authorize States to expand the uses of the 
child care stabilization funds to include support to im-
prove and increase the availability of safe child care 
facilities, 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 ‘‘Increasing Access to 
Safe Child Care Facilities Act of 2021’’. 
VerDate Sep 11 2014 
01:29 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3797.IH
H3797
pbinns on DSKJLVW7X2PROD with BILLS
SEC. 2. AMENDMENTS. 
Section 2202 of the American Rescue Plan Act of 
2021 (Public Law 117–2; March 11, 2021) is amended— 
(1) in subsection (e)(1), by striking ‘‘such a 
subgrant’’ and inserting ‘‘a subgrant under sub-
section (d)’’; 
(2) by redesignating subsection (f) as sub-
section (h); and 
(3) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) SUBGRANTS FOR SAFE CHILD CARE FACILI-
TIES.— 
‘‘(1) IN
GENERAL.—Notwithstanding para-
graphs (1) and (2)(A) of subsection (d), and with 
the authorization of the State under subparagraph 
(6), the lead agency may use any unobligated grant 
funds awarded pursuant to subsection (c) (including 
unobligated funds otherwise reserved under sub-
section (d)(1)) to make subgrants to eligible entities 
to improve and increase the availability of safe child 
care facilities. Any fund used for subgrants under 
this subsection shall be obligated before October 1, 
2024, and expended before October 1, 2025. 
‘‘(2) SELECTION OF SUBGRANTEES.—In mak-
ing subgrants under this subsection, the lead agency 
VerDate Sep 11 2014 
01:29 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3797.IH
H3797
pbinns on DSKJLVW7X2PROD with BILLS
shall select subgrantees based on demonstrated need. 
In making such selection, the lead agency shall— 
‘‘(A) give priority to eligible entities that— 
‘‘(i) are new child care providers de-
scribed in paragraph (3)(C) who agree to 
serve children receiving assistance under 
the Child Care and Development Block 
Grant Act of 1990 (42 U.S.C. 9857); or 
‘‘(ii) serve rural areas; and 
‘‘(B) give highest priority to eligible enti-
ties that are new child care providers described 
in paragraph (3)(C) who— 
‘‘(i) agree to serve children receiving 
assistance under the Child Care and Devel-
opment Block Grant Act of 1990 (42 
U.S.C. 9857); and 
‘‘(ii) serve rural areas. 
‘‘(3) ELIGIBLE
ENTITY.—In this section, the 
term ‘eligible entity’ means— 
‘‘(A) an eligible child care provider, as de-
fined in section 658P(6)(A) of the Child Care 
and Development Block Grant Act of 1990 (42 
U.S.C. 9858n(6)(A)); 
‘‘(B) a child care provider that— 
VerDate Sep 11 2014 
01:29 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3797.IH
H3797
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(i) is license-exempt and operating 
legally in the State; 
‘‘(ii) is not providing child care serv-
ices to relatives; and 
‘‘(iii) satisfies State and local require-
ments, including those referenced in sec-
tion 658E(c)(2)(I) of the Child Care and 
Development Block Grant Act of 1990 
((42 U.S.C. 9858c)(c)(2)(I)); or 
‘‘(C) a new child care provider that, on or 
before the date such provider begins to provide 
child care services, will— 
‘‘(i) be licensed, regulated, or reg-
istered in the State, territory, or Indian 
Tribe; and 
‘‘(ii) meet applicable State and local 
health and safety requirements. 
‘‘(4) USE OF FUNDS.—An eligible entity that 
receives funds through a subgrant authorized under 
this subsection shall use such funds to modify, ren-
ovate, upgrade, maintain, or repair a child care facil-
ity to— 
‘‘(A) meet applicable State and local health 
and safety requirements; or 
VerDate Sep 11 2014 
01:29 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3797.IH
H3797
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(B) increase the capacity of the provider 
to offer child care services, including modifica-
tions, renovations, upgrades, maintenance, or 
repairs necessary to— 
‘‘(i) offer child care during nontradi-
tional hours; and 
‘‘(ii) provide services to more children 
or specific populations of children, includ-
ing infants and toddlers, and children with 
disabilities. 
‘‘(5) 
PROHIBITED
USE.—Funds 
received 
through a subgrant authorized under this subsection 
may not be used for the erection of a facility that 
does not currently exist. 
‘‘(6) AMENDED PLAN AND REPORT.—If a State 
elects to authorize the lead agency to provide sub-
grants to eligible entities under this subsection, the 
State shall amend the State plan submitted under 
section 658E of the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9859c) to 
specify— 
‘‘(A) the goals and outcomes the State in-
tends to achieve to improve and increase the 
availability of safe child care facilities; 
VerDate Sep 11 2014 
01:29 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3797.IH
H3797
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(B) how the State will measure and 
evaluate eligible entities in relation to these 
goals; and 
‘‘(C) after the expenditure of such sub-
grants by such eligible entities, the State shall 
submit to the Secretary of Health and Human 
Services a report that measures, with respect to 
each such eligible entity— 
‘‘(i) the amount of the subgrant re-
ceived by such entity; 
‘‘(ii) a list and description of the 
modifications, renovations, upgrades, main-
tenance, and repairs carried out by such 
entity during such period; and 
‘‘(iii) using the metrics described in 
subparagraphs (A) and (B), the extent to 
which the State improved or increased the 
availability of safe child care facilities, in-
cluding— 
‘‘(I) in rural areas; 
‘‘(II) for children receiving sub-
sidies under the Child Care and De-
velopment Block Grant Act of 1990 
(42 U.S.C. 9857); 
VerDate Sep 11 2014 
01:29 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3797.IH
H3797
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(III) offering care during non-
traditional hours; and 
‘‘(IV) providing services to more 
children or specific populations of 
children.’’. 
Æ 
VerDate Sep 11 2014 
01:29 Jul 14, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H3797.IH
H3797
pbinns on DSKJLVW7X2PROD with BILLS