Back to Work Child Care Grants Act of 2020
This bill establishes a grants program for licensed child care providers that were in continuous operation immediately prior to March 1, 2020, to pay for specified fixed costs and operating expenses for a period of not more than nine months.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7804 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7804
To provide for grants to support the provision of child care by
reopening and maintaining the operation of child care programs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2020
Mr. Reed (for himself, Mr. Hagedorn, Mr. Stivers, Mr. Van Drew, Mrs.
Walorski, Ms. Stefanik, Mrs. Wagner, Mrs. Miller, Mr. McKinley, Mr.
Gottheimer, and Mr. Keller) introduced the following bill; which was
referred to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To provide for grants to support the provision of child care by
reopening and maintaining the operation of child care programs.
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 ``Back to Work Child Care Grants Act
of 2020''.
SEC. 2. BACK TO WORK CHILD CARE GRANTS.
(a) Purpose.--The purpose of this section is to support the
recovery of the United States economy by providing assistance to aid in
reopening child care programs, and maintaining the availability of
child care in the United States, so that parents can access safe care
and return to work.
(b) Definitions.--In this section:
(1) COVID-19 public health emergency.--The term ``COVID-19
public health emergency'' means the public health emergency
declared by the Secretary of Health and Human Services under
section 319 of the Public Health Service Act (42 U.S.C. 247d)
on January 31, 2020, with respect to COVID-19, including any
renewal of such declaration.
(2) Eligible child care provider.--The term ``eligible
child care provider'' 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)); and
(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)).
(3) Indian tribe; tribal organization.--The terms ``Indian
tribe'' and ``tribal organization'' have the meanings given the
terms in section 658P of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858n).
(4) Lead agency.--The term ``lead agency'' has the meaning
given the term in section 658P of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858n).
(5) Qualified child care provider.--The term ``qualified
child care provider'' means an eligible child care provider
with an application approved under subsection (g) for the
program involved.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(7) State.--The term ``State'' has the meaning given the
term in section 658P of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858n).
(c) Grants for Child Care Programs.--From the funds appropriated to
carry out this section, the Secretary shall make Back to Work Child
Care grants to States, Indian tribes, and tribal organizations, that
submit notices of intent to provide assurances under subsection (d)(2).
The grants shall provide for subgrants to qualified child care
providers, for a transition period of not more than 9 months to assist
in paying for fixed costs and increased operating expenses due to
COVID-19, and to reenroll children in an environment that supports the
health and safety of children and staff.
(d) Process for Allocation of Funds.--
(1) Allocation.--Any funds that are appropriated to carry
out this section shall be distributed by the Secretary to the
Administration for Children and Families for distribution under
the Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9857 et seq.) in accordance with subsection (e)(2) of
this Act.
(2) Notice.--Not later than 7 days after funds are
appropriated to carry out this section, the Secretary shall
provide to States, Indian tribes, and tribal organizations a
notice of funding availability, for Back to Work Child Care
grants under subsection (c) from allotments and payments under
subsection (e)(2). The Secretary shall issue a notice of the
funding allocations for each State, Indian tribe, and tribal
organization not later than 14 days after funds are
appropriated to carry out this section.
(3) Notice of intent.--Not later than 14 days after
issuance of a notice of funding allocations under paragraph
(1), a State, Indian tribe, or tribal organization that seeks
such a grant shall submit to the Secretary a notice of intent
to provide assurances for such grant. The notice of intent
shall include a certification that the State, Indian tribe, or
tribal organization will repay the grant funds if such State,
Indian tribe, or tribal organization fails to provide
assurances that meet the requirements of subsection (f) or to
comply with such an assurance.
(4) Grants to lead agencies.--The Secretary may make grants
under subsection (c) to the lead agency of each State, Indian
tribe, or tribal organization, upon receipt of the notice of
intent to provide assurances for such grant.
(5) Provision of assurances.--Not later than 15 days after
receiving the grant, the State, Indian tribe, or tribal
organization shall provide assurances that meet the
requirements of subsection (f).
(e) Federal Reservation; Allotments and Payments.--
(1) Reservation.--The Secretary shall reserve not more than
1 percent of the amount appropriated to carry out this section
to pay for the costs of the Federal administration of this
section. The amount appropriated to carry out this section and
reserved under this paragraph shall remain available through
fiscal year 2021.
(2) Allotments and payments.--The Secretary shall use the
remaining portion of such amount to make allotments and
payments, to States, Indian tribes, and tribal organizations
that submit such a notice of intent to provide assurances, in
accordance with paragraphs (1) and (2) of subsection (a) and
subsection (b), of section 658O of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858m), for the
grants described in subsection (c).
(f) Assurances.--A State, Indian tribe, or tribal organization that
receives a grant under subsection (c) shall provide to the Secretary
assurances that the lead agency will--
(1) require as a condition of subgrant funding under
subsection (g) that each eligible child care provider applying
for a subgrant from the lead agency--
(A) has been an eligible child care provider in
continuous operation and serving children through a
child care program immediately prior to March 1, 2020;
(B) agree to follow all applicable State, local,
and tribal health and safety requirements and, if
applicable, enhanced protocols for child care services
and related to COVID-19 or another health or safety
condition;
(C) agree to comply with the documentation and
reporting requirements under subsection (h); and
(D) certify in good faith that the child care
program of the provider will remain open for not less
than 1 year after receiving such a subgrant, unless
such program is closed due to extraordinary
circumstances, including a state of emergency declared
by the Governor or a major disaster or emergency
declared by the President under section 401 or 501,
respectively, of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170, 5191);
(2) ensure eligible child care providers in urban,
suburban, and rural areas can readily apply for and access
funding under this section, which shall include the provision
of technical assistance either directly or through resource and
referral agencies or staffed family child care provider
networks;
(3) ensure that subgrant funds are made available to
eligible child care providers regardless of whether the
eligible child care provider is providing services for which
assistance is made available under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.) at
the time of application for a subgrant;
(4) through at least December 31, 2020, continue to expend
funds provided under the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9857 et seq.) for the purpose of
continuing payments and assistance to qualified child care
providers on the basis of applicable reimbursements prior to
March 2020;
(5) undertake a review of burdensome State, local, and
tribal regulations and requirements that hinder the opening of
new licensed child care programs to meet the needs of the
working families in the State or tribal community, as
applicable;
(6) make available to the public, which shall include, at a
minimum, posting to an internet website of the lead agency--
(A) notice of funding availability through
subgrants for qualified child care providers under this
section; and
(B) the criteria for awarding subgrants for
qualified child care providers, including the
methodology the lead agency used to determine and
disburse funds in accordance with subparagraphs (D) and
(E) of subsection (g)(4); and
(7) ensure the maintenance of a delivery system of child
care services throughout the State that provides for child care
in a variety of settings, including the settings of family
child care providers.
(g) Lead Agency Use of Funds.--
(1) In general.--A lead agency that receives a Back to Work
Child Care grant under this section--
(A) shall use a portion that is not less than 94
percent of the grant funds to award subgrants to
qualified child care providers as described in the lead
agency's assurances pursuant to subsection (f);
(B) shall reserve not more than 6 percent of the
funds to--
(i) use not less than 1 percent of the
funds to provide technical assistance and
support in applying for and accessing funding
through such subgrants to eligible child care
providers, including to rural providers, family
child care providers, and providers with
limited administrative capacity; and
(ii) use the remainder of the reserved
funds to--
(I) administer subgrants to
qualified child care providers under
paragraph (4), which shall include
monitoring the compliance of qualified
child care providers with applicable
State, local, and tribal health and
safety requirements; and
(II) comply with the reporting and
documentation requirements described in
subsection (h); and
(C)(i) shall not make more than 1 subgrant under
paragraph (4) to a child care provider, except as
described in clause (ii); and
(ii) may make multiple subgrants to a qualified
child care provider, if the lead agency makes each
subgrant individually for 1 child care program operated
by the provider and the funds from the multiple
subgrants are not pooled for use for more than 1 of the
programs.
(2) Role of third party.--The lead agency may designate a
third party, such as a child care resource and referral agency,
to carry out the responsibilities of the lead agency, and
oversee the activities conducted by qualified child care
providers under this subsection.
(3) Obligation and return of funds.--
(A) Obligation.--
(i) In general.--The lead agency shall
obligate at least 50 percent of the grant funds
in the portion described in paragraph (1)(A)
for subgrants to qualified child care providers
by the day that is 6 months after the date of
enactment of this Act.
(ii) Waivers.--At the request of a State,
Indian tribe, or tribal organization, and for
good cause shown, the Secretary may waive the
requirement under clause (i) for the State,
Indian tribe, or tribal organization.
(B) Return of funds.--Not later than the date that
is 12 months after a grant is awarded to a lead agency
in accordance with this section, the lead agency shall
return to the Secretary any of the grant funds that are
not obligated by the lead agency by such date. The
Secretary shall return any funds received under this
subparagraph to the Treasury of the United States.
(4) Subgrants.--
(A) In general.--A lead agency that receives a
grant under subsection (c) shall make subgrants to
qualified child care providers to assist in paying for
fixed costs and increased operating expenses, for a
transition period of not more than 9 months, so that
parents have a safe place for their children to receive
child care as the parents return to the workplace.
(B) Use of funds.--A qualified child care provider
may use subgrant funds for--
(i) sanitation and other costs associated
with cleaning the facility, including deep
cleaning in the case of an outbreak of COVID-
19, of a child care program used to provide
child care services;
(ii) recruiting, retaining, and
compensating child care staff, including
providing professional development to the staff
related to child care services and applicable
State, local, and tribal health and safety
requirements and, if applicable, enhanced
protocols for child care services and related
to COVID-19 or another health or safety
condition;
(iii) paying for fixed operating costs
associated with providing child care services,
including the costs of payroll, the
continuation of existing (as of March 1, 2020)
employee benefits, mortgage or rent, utilities,
and insurance;
(iv) acquiring equipment and supplies
(including personal protective equipment)
necessary to provide child care services in a
manner that is safe for children and staff in
accordance with applicable State, local, and
tribal health and safety requirements;
(v) replacing materials that are no longer
safe to use as a result of the COVID-19 public
health emergency;
(vi) making facility changes and repairs to
address enhanced protocols for child care
services related to COVID-19 or another health
or safety condition, to ensure children can
safely occupy a child care facility;
(vii) purchasing or updating equipment and
supplies to serve children during
nontraditional hours;
(viii) adapting the child care program or
curricula to accommodate children who have not
had recent access to a child care setting;
(ix) carrying out any other activity
related to the child care program of a
qualified child care provider; and
(x) reimbursement of expenses incurred
before the provider received a subgrant under
this paragraph, if the use for which the
expenses are incurred is described in any of
clauses (i) though (ix) and is disclosed in the
subgrant application for such subgrant.
(C) Subgrant application.--To be qualified to
receive a subgrant under this paragraph, an eligible
child care provider shall submit an application to the
lead agency in such form and containing such
information as the lead agency may reasonably require,
including--
(i) a budget plan that includes--
(I) information describing how the
eligible child care provider will use
the subgrant funds to pay for fixed
costs and increased operating expenses,
including, as applicable, payroll,
employee benefits, mortgage or rent,
utilities, and insurance, described in
subparagraph (B)(iii);
(II) data on current operating
capacity, taking into account previous
operating capacity for a period of time
prior to the COVID-19 public health
emergency, and updated group size
limits and staff-to-child ratios;
(III) child care enrollment,
attendance, and revenue projections
based on current operating capacity and
previous enrollment and revenue for the
period described in subclause (II); and
(IV) a demonstration of how the
subgrant funds will assist in promoting
the long-term viability of the eligible
child care provider and how the
eligible child care provider will
sustain its operations after the
cessation of funding under this
section;
(ii) assurances that the eligible child
care provider will--
(I) report to the lead agency,
before every month for which the
subgrant funds are to be received, data
on current financial characteristics,
including revenue, and data on current
average enrollment and attendance;
(II) not artificially suppress
revenue, enrollment, or attendance for
the purposes of receiving subgrant
funding;
(III) provide the necessary
documentation under subsection (h) to
the lead agency, including providing
documentation of expenditures of
subgrant funds; and
(IV) implement all applicable
State, local, and tribal health and
safety requirements and, if applicable,
enhanced protocols for child care
services and related to COVID-19 or
another health or safety condition; and
(iii) a certification in good faith that
the child care program will remain open for not
less than 1 year after receiving a subgrant
under this paragraph, unless such program is
closed due to extraordinary circumstances
described in subsection (f)(1)(D).
(D) Subgrant disbursement.--In providing funds
through a subgrant under this paragraph--
(i) the lead agency shall--
(I) disburse such subgrant funds to
a qualified child care provider in
installments made not less than once
monthly;
(II) disburse a subgrant
installment for a month after the
qualified child care provider has
provided, before that month, the
enrollment, attendance, and revenue
data required under subparagraph
(C)(ii)(I) and, if applicable, current
operating capacity data required under
subparagraph (C)(i)(II); and
(III) make subgrant installments to
any qualified child care provider for a
period of not more than 9 months; and
(ii) the lead agency may, notwithstanding
subparagraph (E)(i), disburse an initial
subgrant installment to a provider in a greater
amount than that subparagraph provides for, and
adjust the succeeding installments, as
applicable.
(E) Subgrant installment amount.--The lead agency--
(i) shall determine the amount of a
subgrant installment under this paragraph by
basing the amount on--
(I)(aa) at a minimum, the fixed
costs associated with the provision of
child care services by a qualified
child care provider; and
(bb) at the election of the lead
agency, an additional amount determined
by the State, for the purposes of
assisting qualified child care
providers with, as applicable,
increased operating costs and lost
revenue, associated with the COVID-19
public health emergency; and
(II) any other methodology that the
lead agency determines to be
appropriate, and which is disclosed in
reporting submitted by the lead agency
under subsection (f)(6)(B);
(ii) shall ensure that, for any period for
which subgrant funds are disbursed under this
paragraph, no qualified child care provider
receives a subgrant installment that when added
to current revenue for that period exceeds the
revenue for the corresponding period 1 year
prior; and
(iii) may factor in decreased operating
capacity due to updated group size limits and
staff-to-child ratios, in determining subgrant
installment amounts.
(F) Repayment of subgrant funds.--A qualified child
care provider that receives a subgrant under this
paragraph shall be required to repay the subgrant funds
if the lead agency determines that the provider fails
to provide the assurances described in subparagraph
(C)(ii)(II), or to comply with such an assurance.
(5) Supplement not supplant.--Amounts made available to
carry out this section shall be used to supplement and not
supplant other Federal, State, tribal, and local public funds
expended to provide child care services, including funds
provided under the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9857 et seq.) and State and tribal child
care programs.
(h) Documentation and Reporting Requirements.--
(1) Documentation.--A State, Indian tribe, or tribal
organization receiving a grant under subsection (c) shall
provide documentation of any State or tribal expenditures from
grant funds received under subsection (c) in accordance with
section 658K(b) of the Child Care Development Block Grant Act
of 1990 (42 U.S.C. 9858i(b)), and to the independent entity
described in that section.
(2) Reports.--
(A) Lead agency report.--A lead agency receiving a
grant under subsection (c) shall, not later than 12
months after receiving such grant, submit a report to
the Secretary that includes for the State or tribal
community involved a description of the program of
subgrants carried out to meet the objectives of this
section, including--
(i) a description of how the lead agency
determined--
(I) the criteria for awarding
subgrants for qualified child care
providers, including the methodology
the lead agency used to determine and
disburse funds in accordance with
subparagraphs (D) and (E) of subsection
(g)(4); and
(II) the types of providers that
received priority for the subgrants,
including considerations related to--
(aa) setting;
(bb) average monthly
revenues, enrollment, and
attendance, before and during
the COVID-19 public health
emergency and after the
expiration of State, local, and
tribal stay-at-home orders; and
(cc) geographically based
child care service needs across
the State or tribal community;
and
(ii) the number of eligible child care
providers in operation and serving children on
March 1, 2020, and the average number of such
providers for March 2020 and each of the 11
months following, disaggregated by age of
children served, geography, region, center-
based child care setting, and family child care
setting;
(iii) the number of child care slots, in
the capacity of a qualified child care provider
given applicable group size limits and staff-
to-child ratios, that were open for attendance
of children on March 1, 2020, the average
number of such slots for March 2020 and each of
11 months following, disaggregated by age of
children served, geography, region, center-
based child care setting, and family child care
setting;
(iv)(I) the number of qualified child care
providers that received a subgrant under
subsection (g)(4), disaggregated by age of
children served, geography, region, center-
based child care setting, and family child care
setting, and the average and range of the
amounts of the subgrants awarded; and
(II) the percentage of all eligible child
care providers that are qualified child care
providers that received such a subgrant,
disaggregated as described in subclause (I);
and
(v) information concerning how qualified
child care providers receiving subgrants under
subsection (g)(4) used the subgrant funding
received, disaggregated by the allowable uses
of funds described in subsection (g)(4)(B).
(B) Report to congress.--Not later than 90 days
after receiving the lead agency reports required under
subparagraph (A), the Secretary shall make publicly
available and provide to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Education and Labor of the House of
Representatives a report summarizing the findings of
the lead agency reports.
(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the activities
under this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
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