[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7778 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7778

   To provide for grants to support access to child care through the 
   establishment and operation of child care programs by businesses.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2020

 Mr. Johnson of South Dakota introduced the following bill; which was 
            referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
   To provide for grants to support access to child care through the 
   establishment and operation of child care programs by businesses.

    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 ``Expanding Child Care Access Grants 
Act of 2020''.

SEC. 2. EXPANDING CHILD CARE ACCESS GRANTS.

    (a) Purpose.--The purpose of this section is to support the 
recovery of the United States economy by providing grants to businesses 
to aid in opening child care programs or establishing partnerships with 
existing providers to meet the demand for child care across the country 
as parents 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 business.--The term ``eligible business'' 
        means a business that does not currently provide child care 
        services for the children of such business' employees, offer 
        care or oversight for the school age children of such 
        employees, or partner with an eligible child care provider for 
        such services.
            (3) 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)).
            (4) 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).
            (5) 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).
            (6) Qualified business.--The term ``qualified business'' 
        means an eligible business with an application approved under 
        subsection (g) for the program involved.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (8) 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 Businesses To Provide Child Care Services.--From the 
funds appropriated to carry out this Act, the Secretary shall make 
Expanding Child Care Access 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 
businesses for a transition period of not more than 9 months to assist 
in paying for the establishment and operation of child care services.
    (d) Process for Allocation of Funds.--
            (1) Notice.--Not later than 7 days after funds are 
        appropriated to carry out this Act, the Secretary shall provide 
        to States, Indian tribes, and tribal organizations a notice of 
        funding availability for Expanding Child Care Access 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 Act.
            (2) 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.
            (3) 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.
            (4) 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 Act to 
        pay for the costs of the Federal administration of this 
        section. The amount appropriated to carry out this Act 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 business applying for a subgrant from 
        the lead agency--
                    (A)(i) will use subgrant funds for the sole purpose 
                of establishing a child care program and providing 
                child care services for the children of such business' 
                employees; or
                    (ii) will operate in partnership with an eligible 
                child care provider serving children through a child 
                care program 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 
                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 business 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 businesses 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;
            (3) 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 tiered reimbursements prior to March 
        2020;
            (4) give priority for subgrant awards according to 
        geographically based child care service needs across the State 
        or tribal community;
            (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; and
            (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 businesses under this section; 
                and
                    (B) the criteria for awarding subgrants for 
                qualified businesses.
    (g) Lead Agency Use of Funds.--
            (1) In general.--A lead agency that receives an Expanding 
        Child Care Access grant under this section--
                    (A) shall use a portion that is not less than 97 
                percent of the grant funds to award subgrants to 
                qualified businesses as described in the lead agency's 
                assurances pursuant to subsection (f);
                    (B) shall reserve not more than 3 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 businesses; 
                        and
                            (ii) use the remainder of the reserved 
                        funds to--
                                    (I) administer subgrants to 
                                qualified businesses under paragraph 
                                (3), which shall include monitoring the 
                                compliance of qualified businesses 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 (3) to a qualified business.
            (2) Obligation and return of funds.--
                    (A) Obligation.--The lead agency shall obligate at 
                least 80 percent of the grant funds in the portion 
                described in paragraph (1)(A) for subgrants to 
                qualified businesses by the date that is 6 months after 
                the date of enactment of this Act.
                    (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.
            (3) Subgrants.--
                    (A) In general.--A lead agency that receives a 
                grant under subsection (c) shall make subgrants to 
                qualified businesses to assist in paying for the 
                establishment and operation of child care services, 
                including fixed costs and 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 business may use 
                subgrant funds for carrying out activities related to 
                establishing a child care program or contracting with 
                an eligible child care provider to offer child care 
                services for the employees of such business.
                    (C) Subgrant application.--To be qualified to 
                receive a subgrant under this paragraph, an eligible 
                business 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 plan for offering access to child 
                        care services for the employees of such 
                        business that includes--
                                    (I) information describing how the 
                                eligible business will use the subgrant 
                                funds to cover slots for the children 
                                of their employees;
                                    (II) if applicable, the amount of 
                                tuition or copayments employees will be 
                                expected to pay;
                                    (III) child care enrollment and 
                                attendance projections; and
                                    (IV) a demonstration of how the 
                                eligible business will sustain its 
                                operations after the cessation of 
                                funding under this section;
                            (ii) assurances that the eligible business 
                        will--
                                    (I) report to the lead agency data 
                                on current average enrollment and 
                                attendance;
                                    (II) provide the necessary 
                                documentation under subsection (h) to 
                                the lead agency, including providing 
                                documentation of expenditures of 
                                subgrant funds; and
                                    (III) 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 disburse such 
                        subgrant funds to a qualified business in an 
                        initial payment, with additional installments 
                        for maintained operation, as applicable;
                            (ii) the lead agency may, notwithstanding 
                        subparagraph (D)(i), disburse an initial 
                        subgrant installment to a provider in a greater 
                        amount than that subparagraph provides for, as 
                        applicable.
                    (E) Repayment of subgrant funds.--A qualified 
                business that receives a subgrant under this paragraph 
                shall be required to repay the subgrant funds if the 
                lead agency determines that the business fails to 
                provide the assurances described in subparagraph 
                (C)(ii)(II), or to comply with such an assurance.
            (4) 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 businesses, 
                                including the methodology the lead 
                                agency used to determine and disburse 
                                funds in accordance with subparagraph 
                                (D) of subsection (g)(3); and
                                    (II) the types of businesses that 
                                received priority for the subgrants, 
                                including considerations related to 
                                geographically based child care service 
                                needs across the State or tribal 
                                community;
                            (ii) the number of qualified businesses 
                        that received a subgrant under subsection 
                        (g)(3), disaggregated by age of children 
                        served, geography, region, the average and 
                        range of the amounts of the subgrants awarded, 
                        and whether such businesses were operating 
                        their own child care program or partnering with 
                        an eligible child care provider; and
                            (iii) information concerning how qualified 
                        businesses receiving subgrants under subsection 
                        (g)(3) used the subgrant funding received.
                    (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 is authorized to be 
appropriated $1,000,000,000 to carry out this Act.
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