Increasing Access to Safe Child Care Facilities Act of 2021
Bill: H.R.3797 | Sponsor: Rep. Spartz, Victoria (R-IN)
Policy area: Families

Summary:
Increasing Access to Safe Child Care Facilities Act of 2021
This bill expands the temporary child care stabilization grant program to permit states to award subgrants to child care providers for modifications, renovations, upgrades, maintenance, or repairs that increase the capacity of those providers.

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 facilities, 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 ``Increasing Access to Safe Child Care 
Facilities Act of 2021''.

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 subsection (d)'';
            (2) by redesignating subsection (f) as subsection (h); and
            (3) by inserting after subsection (e) the following:
    ``(f) Subgrants for Safe Child Care Facilities.--
            ``(1) In general.--Notwithstanding paragraphs (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 
        subsection (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 making subgrants under 
        this subsection, the lead agency 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 
                        described 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 entities 
                that are new child care providers described in 
                paragraph (3)(C) who--
                            ``(i) agree to serve children receiving 
                        assistance under the Child Care and Development 
                        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 defined 
                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--
                            ``(i) is license-exempt and operating 
                        legally in the State;
                            ``(ii) is not providing child care services 
                        to relatives; and
                            ``(iii) satisfies State and local 
                        requirements, including those referenced in 
                        section 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 registered 
                        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, renovate, upgrade, maintain, or repair a 
        child care facility to--
                    ``(A) meet applicable State and local health and 
                safety requirements; or
                    ``(B) increase the capacity of the provider to 
                offer child care services, including modifications, 
                renovations, upgrades, maintenance, or repairs 
                necessary to--
                            ``(i) offer child care during 
                        nontraditional hours; and
                            ``(ii) provide services to more children or 
                        specific populations of children, including 
                        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 subgrants 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 intends to 
                achieve to improve and increase the availability of 
                safe child care facilities;
                    ``(B) how the State will measure and evaluate 
                eligible entities in relation to these goals; and
                    ``(C) after the expenditure of such subgrants 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 received 
                        by such entity;
                            ``(ii) a list and description of the 
                        modifications, renovations, upgrades, 
                        maintenance, 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, 
                        including--
                                    ``(I) in rural areas;
                                    ``(II) for children receiving 
                                subsidies under the Child Care and 
                                Development Block Grant Act of 1990 (42 
                                U.S.C. 9857);
                                    ``(III) offering care during 
                                nontraditional hours; and
                                    ``(IV) providing services to more 
                                children or specific populations of 
                                children.''.
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