[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1842 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1842

  To amend 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 for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2021

   Mr. Wyden (for himself, Ms. Warren, Mr. Brown, Ms. Smith, and Mr. 
Casey) introduced the following bill; which was read twice and referred 
                      to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend 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 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 ``Building Child Care for a Better 
Future Act''.

SEC. 2. INCREASED FUNDING FOR THE CHILD CARE ENTITLEMENT 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 2022, 
                        $10,000,000,000; and
                            ``(ii) for each fiscal year after fiscal 
                        year 2022, the greater of--
                                    ``(I) the amount appropriated under 
                                this subparagraph for the previous 
                                fiscal year, increased by the 
                                percentage increase (if any) in the 
                                consumer price index for all urban 
                                consumers (all items; United States 
                                city average) for the most recent 12-
                                month period for which data is 
                                available; and
                                    ``(II) the amount appropriated 
                                under this subparagraph for the 
                                previous fiscal year.
                    ``(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 reserved by 
                        the Secretary to support technical assistance 
                        and dissemination activities under paragraphs 
                        (3) and (4) of section 658I(a) of the Child 
                        Care and Development Block Grant Act of 1990; 
                        and
                            ``(iv) an amount equal to \1/2\ of 1 
                        percent of such amount appropriated may be 
                        reserved by the Secretary to conduct research 
                        and demonstration activities, as well as 
                        periodic external, independent evaluations of 
                        the impact of the Child Care and Development 
                        Block Grant program established under 
                        subchapter C of chapter 8 of title VI of the 
                        Omnibus Budget Reconciliation Act of 1981 
                        (Public Law 97-35), as carried out under this 
                        subsection and under such subchapter, on 
                        increasing access to child care services and 
                        improving the safety and quality of child care 
                        services, 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 paragraph (6); and
            (2) by inserting after paragraph (4), the following:
            ``(5) Redistribution of unused tribal grants.--
                    ``(A) In general.--The Secretary shall determine an 
                appropriate procedure for redistributing the amounts 
                described in subparagraph (B) for each fiscal year to 
                each Indian tribe and tribal organization that applies 
                for such amounts, to the extent the Secretary 
                determines that the Indian tribe or tribal organization 
                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 subsection 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 obligated.''.
    (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 preceding 
                subparagraph (A), by striking ``paragraph (3)'' and 
                inserting ``paragraph (3)(A) and remaining after the 
                application of paragraph (3)(B),'';
                    (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 ``paragraph 
                        (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 territory, 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 Development Block Grant Act of 
1990.--Notwithstanding any other provision of law, amounts provided to 
a State, a territory, or a Indian tribe or tribal organization under 
subsection (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 tribal 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 pursuant 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 Islands.
            ``(4) Tribal organization.--The term `tribal organization' 
        means--
                    ``(A) the recognized governing body of any Indian 
                tribe, and any legally established organization of 
                Indians which is controlled, sanctioned, or chartered 
                by such governing body or which is democratically 
                elected by the adult 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 organization to perform 
                services benefitting more than one Indian tribe, the 
                approval of each such Indian tribe shall be a 
                prerequisite to the letting or making of such contract 
                or grant; and
                    ``(B) includes a Native Hawaiian organization, as 
                defined in section 6207 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7517) and a private 
                nonprofit organization 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, 2021.

SEC. 3. GRANTS TO IMPROVE CHILD CARE 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:
    ``(e) Grants to Improve Child Care Supply, Quality, and Access in 
Areas of Particular Need.--
            ``(1) In general.--Except as otherwise provided 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 supply, 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 technical 
                        assistance and dissemination activities related 
                        to improving child care supply, quality, and 
                        access, including in areas of particular need, 
                        under paragraphs (3) and (4), respectively, of 
                        section 658I(a) of the Child Care and 
                        Development Block Grant Act of 1990;
                            ``(iv) an amount equal to \1/2\ of 1 
                        percent of such amount to carry out the 
                        evaluation required under paragraph (8); and
                            ``(v) an amount, not to exceed 3 percent of 
                        such amount, for administrative expenses of the 
                        Secretary in administering this subsection.
            ``(3) Grants.--
                    ``(A) Indian tribes and tribal organizations.--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 organizations 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 among the territories in proportion to their 
                respective 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 paragraph (2) of subsection (a) to each 
                such State for the fiscal year (without regard to 
                amounts redistributed under subparagraph (D) of 
                subsection (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 of the Child Care and Development Block 
                Grant plan for the period that includes such fiscal 
                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 members were 
                        engaged to identify community-specific needs 
                        such as diverse types of care delivery, care 
                        for infant and toddlers, multilingual care, and 
                        nontraditional operational hours;
                            ``(iii) identifies specific areas 
                        determined 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 supply, quality, and 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 activities 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 
                                neighborhood-based family child care 
                                networks by providing grants and 
                                contracts for training and other 
                                activities that increase the supply and 
                                quality of family child care;
                                    ``(III) furnishing child care 
                                providers with start-up funding, 
                                technical assistance, support for 
                                improving business practices, and 
                                support navigating real estate 
                                financing and development processes, 
                                including leveraging additional 
                                facilities financing resources;
                                    ``(IV) providing guidance to child 
                                care providers on negotiating with 
                                landlords or applying for land or home 
                                ownership;
                                    ``(V) providing technical 
                                assistance to child care providers 
                                throughout the child care licensing 
                                process;
                                    ``(VI) recruiting child care 
                                providers 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 
                                comprehensive scholarships that support 
                                equitable access to, and completion of, 
                                credentials and degrees in early 
                                childhood education;
                                    ``(VIII) maintaining an effective 
                                and diverse early care workforce by 
                                increasing total compensation, 
                                providing wage supplements or bonuses, 
                                or offering wage and retention rewards;
                                    ``(IX) subject to subparagraph (C), 
                                providing financial support (without 
                                regard to limitations on expenditures 
                                imposed under section 658F(b) of the 
                                Child Care and Development Block Grant 
                                Act of 1990) for projects involving the 
                                purchase or improvement of land, a 
                                major renovation, repurposing 
                                facilities, the purchase, acquisition, 
                                construction, or permanent improvement 
                                of any building or facility, including 
                                major renovation and minor remodeling, 
                                indoor or outdoor modifications, 
                                including such modifications to support 
                                accessibility for children with 
                                disabilities, predevelopment or soft 
                                costs, and for projects to upgrade 
                                child care facilities to assure that 
                                providers meet State and local child 
                                care standards, including applicable 
                                health, safety, and quality 
                                requirements; or
                                    ``(X) subject to subparagraph (C), 
                                contracting with an intermediary with 
                                experience securing private sources of 
                                capital financing for child care 
                                facilities or other low-income 
                                community development projects to 
                                provide financial or managerial 
                                assistance, technical support through 
                                the real estate process, including 
                                successful execution of Federal 
                                interest documentation, or furnishing 
                                an evaluation of sustainability or 
                                operational capacity of providers;
                            ``(v) in the case of a State or territory, 
                        contains an assurance that the State or 
                        territory shall collaborate with respect to the 
                        use of grant funds to improve child care 
                        supply, quality, and access in areas of 
                        particular need identified within the State or 
                        territory with each Indian tribe and tribal 
                        organization in such area; and
                            ``(vi) contains such other information as 
                        the Secretary may require.
                    ``(B) Approval.--The Secretary shall approve a 
                planned use of funds submission that contains the 
                information required under subparagraph (A), and, with 
                respect to the proposed criteria required under 
                subparagraph (A)(i), shall accept any reasonable 
                criteria that are based on internal analyses by a lead 
                agency of a State, territory, Indian tribe, or tribal 
                organization or analyses by organizations with 
                experience in evaluating research on various approaches 
                to identifying areas where there is a low supply of 
                child care that is affordable and that is in particular 
                need of child care.
                    ``(C) Special rules.--
                            ``(i) In general.--The Secretary shall 
                        develop parameters on the use of funds from an 
                        allotment paid under this subsection for 
                        projects described in subclause (IX) or (X) of 
                        subparagraph (A)(iv).
                            ``(ii) Requirement.--The parameters 
                        developed under clause (i) shall provide that, 
                        in the case of funds from an allotment paid 
                        under this subsection that are used for 
                        projects described in subclause (IX) or (X) of 
                        subparagraph (A)(iv)--
                                    ``(I) for such projects involving a 
                                privately-owned family child care home, 
                                the Secretary shall not retain any 
                                Federal interest; and
                                    ``(II) for all other such projects, 
                                the Secretary shall not retain a 
                                Federal interest after a period of 10 
                                years.
            ``(5) Other funding and payment rules.--
                    ``(A) Approval and payment deadline.--The Secretary 
                shall make quarterly payments to the lead agency of 
                each State, territory, Indian tribe, and tribal 
                organization with a planned use of funds submission 
                approved under paragraph (4) from the grant determined 
                for the State, territory, Indian tribe, or tribal 
                organization under paragraph (3) for a fiscal year.
                    ``(B) No matching requirement.--Neither 
                subparagraph (C) of subsection (a)(2) nor any other 
                cash or in-kind matching requirement shall apply to the 
                grants paid under this subsection.
                    ``(C) Maintenance of effort.--
                            ``(i) Certification funds will supplement, 
                        not supplant, general revenue expenditures.--
                        Each State paid a grant under this subsection 
                        for a fiscal year shall certify that the grant 
                        funds will be used to supplement and not 
                        supplant the level of general revenue 
                        expenditures from State, local, and other non-
                        Federal sources that are used to provide child 
                        care assistance for low-income families.
                            ``(ii) State minimum expenditures 
                        requirement.--
                                    ``(I) In general.--Each State paid 
                                a grant under this subsection for a 
                                fiscal year shall certify that the 
                                State shall satisfy the required 
                                minimum general revenue expenditures 
                                for child care assistance for low-
                                income families dollar amount 
                                applicable to the State for the fiscal 
                                year.
                                    ``(II) State minimum general 
                                revenue expenditures for child care 
                                assistance for low-income families 
                                dollar amount.--With respect to a State 
                                and a fiscal year, the minimum general 
                                revenue expenditures for child care 
                                assistance for low-income families 
                                dollar amount for the State and fiscal 
                                year is--
                                            ``(aa) in the case of the 
                                        first fiscal year for which the 
                                        State is paid a grant under 
                                        this subsection, the aggregate 
                                        dollar amount of general 
                                        revenue expenditures for child 
                                        care assistance for low-income 
                                        families for the most recent 
                                        State fiscal year for which 
                                        data is available; and
                                            ``(bb) in the case of any 
                                        succeeding fiscal year, the 
                                        greater of--

                                                    ``(AA) the minimum 
                                                baseline dollar amount 
                                                of general revenue 
                                                expenditures for child 
                                                care assistance for 
                                                low-income families 
                                                applicable to the State 
                                                for the preceding year; 
                                                and

                                                    ``(BB) the minimum 
                                                baseline dollar amount 
                                                of general revenue 
                                                expenditures for child 
                                                care assistance for 
                                                low-income families for 
                                                the most recent State 
                                                fiscal year for which 
                                                data is available.

                                    ``(III) Annual guidance.--The 
                                Secretary shall issue annual guidance 
                                to States specifying--
                                            ``(aa) the data and 
                                        reporting that will be required 
                                        for purposes of enforcing the 
                                        State minimum general revenue 
                                        expenditures for child care 
                                        assistance for low-income 
                                        families dollar amount 
                                        requirement under this 
                                        subparagraph; and
                                            ``(bb) for each fiscal year 
                                        and State for which a grant is 
                                        paid under this subsection, the 
                                        minimum general revenue 
                                        expenditures for child care 
                                        assistance for low-income 
                                        families dollar amount that is 
                                        required for the State and 
                                        fiscal year.
                    ``(D) Period for availability; redistribution of 
                unused funds.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the period in which the funds from 
                        grants paid under this subsection for a fiscal 
                        year are available for expenditure, the 
                        determination as to whether funds from the 
                        grant will not be used, and the procedure for 
                        redistributing unused funds, shall be made in 
                        the same manner as if--
                                    ``(I) in the case of 1 of the 50 
                                States or the District of Columbia, the 
                                funds were considered amounts allotted 
                                to the State or District under 
                                subsection (a)(2)(B) for a fiscal year;
                                    ``(II) in the case of a territory, 
                                the funds were considered a grant made 
                                to the territory under subsection 
                                (a)(4) for such fiscal year; and
                                    ``(III) in the case of an Indian 
                                tribe or tribal organization, the funds 
                                were considered a grant made to the 
                                Indian tribe or tribal organization 
                                under subsection (a) for such fiscal 
                                year.
                            ``(ii) Extension of availability of funds 
                        used for certain projects.--If funds from a 
                        grant paid under this subsection are used to 
                        provide financial support for a project 
                        described in subclause (IX) or (X) of paragraph 
                        (4)(A)(iv), the funds shall remain available 
                        for expenditure by the lead agency of a State, 
                        territory, Indian tribe, or tribal organization 
                        (as applicable) for a period of 5 years.
                    ``(E) Inapplicability of territorial payment 
                limitation.-- Section 1108(a) shall not apply with 
                respect to any funds paid under this subsection.
            ``(6) Use of funds.--
                    ``(A) In general.--To the extent permitted under 
                this paragraph, section 658G(b) of the Child Care and 
                Development Block Grant Act of 1990, and the approved 
                planned use of funds submission of the lead agency of a 
                State, territory, Indian tribe, or tribal organization 
                under paragraph (4), each such lead agency shall use 
                funds from a grant paid under this subsection to 
                increase child care supply, quality, and access in 
                areas determined to be in particular need of child care 
                (with activities provided directly, or through grants 
                or contracts with local child care resource and 
                referral organizations or other appropriate entities). 
                Activities carried out with such funds shall be--
                            ``(i) designed to improve the quality of 
                        child care services and increase parental 
                        options for, and access to, high-quality child 
                        care, especially in areas of concentrated 
                        poverty; and
                            ``(ii) in alignment with the most recent 
                        Statewide or tribal assessment of the State's 
                        or Indian tribe's or tribal organization's 
                        needs to carry out such services and care.
                    ``(B) Priority.--If a lead agency chooses to make 
                grants from the funds paid under this subsection, each 
                such lead agency shall give priority to funding child 
                care services that--
                            ``(i) are provided during nontraditional 
                        hours;
                            ``(ii) serve dual language learners, 
                        children with disabilities, children 
                        experiencing homelessness, children in foster 
                        care, children from low-income families, or 
                        infants and toddlers;
                            ``(iii) serve a high proportion of children 
                        whose families are eligible for subsidies under 
                        the Child Care and Development Block Grant Act 
                        of 1990 for the child care;
                            ``(iv) operate in rural communities with a 
                        low supply of child care; or
                            ``(v) are operated by public entities, non-
                        profit entities, and small businesses that are 
                        at least 51 percent owned and controlled by 
                        individuals who are socially and economically 
                        disadvantaged, as defined by the Administrator 
                        of the Small Business Administration.
                    ``(C) Head start and early head start programs.--A 
                lead agency may use funds from a grant paid under this 
                subsection for activities or assistance under a Head 
                Start program (including an Early Head Start program) 
                carried out under the Head Start Act (42 U.S.C. 9831 et 
                seq.)
                    ``(D) Administration through the child care and 
                development block grant act of 1990.--
                            ``(i) In general.--Except as provided in 
                        clause (ii) or to the extent otherwise provided 
                        in this subsection, subsection (c) shall apply 
                        to the grants paid under this subsection in the 
                        same manner as that subsection applies to 
                        amounts paid under subsection (a).
                            ``(ii) Nonapplication of certain use of 
                        funds requirements.--The requirements of 
                        subparagraphs (D) and (E) of section 658E(c)(3) 
                        of the Child Care and Development Block Grant 
                        Act of 1990 shall not apply to the grants paid 
                        under this subsection.
            ``(7) Reports.--
                    ``(A) CCDBG reports.--The lead agency of each 
                State, territory, Indian tribe, and tribal organization 
                paid a grant under this subsection for a fiscal year 
                shall include information regarding how the lead agency 
                spent the grant in each monthly, quarterly, or annual 
                report, as applicable, submitted under section 
                658K(a)(2) of the Child Care and Development Block 
                Grant Act of 1990. The information required to be 
                collected and reported under this paragraph shall be--
                            ``(i) in addition to, and shall not affect, 
                        reporting and data collection requirements 
                        imposed under the Child Care and Development 
                        Block Grant Act of 1990, including to the 
                        extent any information specified under this 
                        paragraph also is required to be included in a 
                        report submitted under that Act; and
                            ``(ii) made publicly available.
                    ``(B) 1-year post-award report.--Not later than 6 
                months after receipt of the first payment from a grant 
                under this subsection, the lead agency of the State, 
                territory, Indian tribe, or tribal organization (as 
                applicable) shall submit a report to the Secretary that 
                includes information and data (reported on such basis 
                as the Secretary shall specify) regarding--
                            ``(i) the supply of child care in the areas 
                        determined to be in particular need of child 
                        care by the lead agency, including with respect 
                        to the pre-grant award assessment of the number 
                        of Child Care and Development Block Grant-
                        eligible child care slots reserved by grants or 
                        contracts in such areas and the pre-grant award 
                        assessment of the number of providers who are 
                        regulated under State law in such areas, and 
                        the number of providers who are not covered by 
                        or are exempt from such a regulation but are 
                        eligible child care providers providing 
                        services under the Child Care and Development 
                        Block Grant Act of 1990 (42 U.S.C. 9857 et 
                        seq.) in such areas; and
                            ``(ii) the supply, quality, and access of 
                        child care in the areas determined to be in 
                        particular need of child care by the lead 
                        agency.
                    ``(C) 3-year post-award report.--Not later than 
                December 31 of the calendar year in which the third 
                fiscal year for which the lead agency of a State, 
                territory, Indian tribe, or tribal organization is paid 
                a grant under this subsection ends, the lead agency 
                shall submit a report to the Secretary that includes 
                the following information:
                            ``(i) Data that describes the impact of 
                        expenditures of grant funds on--
                                    ``(I) the supply of child care in 
                                the areas determined to be in 
                                particular need of child care by the 
                                lead agency, including with respect to 
                                the pre-grant award assessment of the 
                                number of Child Care and Development 
                                Block Grant-eligible child care slots 
                                reserved by grants or contracts in such 
                                areas and the pre-grant award 
                                assessment of the number of providers 
                                who are regulated under State law in 
                                such areas, and the number of providers 
                                who are not covered by or are exempt 
                                from such a regulation but are eligible 
                                child care providers providing services 
                                under the Child Care and Development 
                                Block Grant Act of 1990 (42 U.S.C. 9857 
                                et seq.) in such areas; and
                                    ``(II) the supply, quality, and 
                                access of child care in the areas 
                                determined to be in particular need of 
                                child care by the lead agency, and on 
                                the extent to which areas in which such 
                                funds were used experienced outcomes 
                                that reduced the conditions in such 
                                areas which factored into such 
                                determination.
                            ``(ii) Information specifying the areas 
                        determined to be in particular need of child 
                        care by the lead agency and the activities in 
                        which grant funds were used in such areas.
                            ``(iii) Demographic data on the child care 
                        providers receiving funds and on the families 
                        and children served.
                            ``(iv) Information specifying whether grant 
                        funds were used for projects described in 
                        subclause (IX) or (X) of paragraph (4)(A)(iv) 
                        and if so, the status of such projects, 
                        including if such projects are ongoing at the 
                        time of reporting.
                    ``(D) Submission to congress.--The information 
                reported in accordance with subparagraphs (A), (B), and 
                (C) shall be incorporated into the biennial reports to 
                Congress by the Secretary required under section 
                658L(a) of the Child Care and Development Block Grant 
                Act of 1990.
            ``(8) Regular evaluations.--
                    ``(A) In general.--From a geographically diverse 
                selection of the lead agencies paid a grant under this 
                subsection that includes representation of States, 
                territories, and Indian tribes and tribal 
                organizations, the Secretary regularly shall evaluate 
                the impact of the activities carried out by such lead 
                agencies with respect to improving the supply and 
                quality of child care in the areas determined to be in 
                particular need of child care by such lead agencies.
                    ``(B) Supply assessment.--In evaluating the extent 
                to which there are improvements in the supply of child 
                care in the areas determined to be in particular need 
                of child care, the Secretary shall focus on the 
                following areas:
                            ``(i) General availability of child care 
                        services.
                            ``(ii) Availability of child care services 
                        that--
                                    ``(I) are provided during 
                                nontraditional hours;
                                    ``(II) serve dual language 
                                learners, children with disabilities, 
                                children experiencing homelessness, 
                                children in foster care, children from 
                                low-income families, or infants and 
                                toddlers;
                                    ``(III) serve a high proportion of 
                                children whose families are eligible 
                                for subsidies under the Child Care and 
                                Development Block Grant Act of 1990; 
                                and
                                    ``(IV) operate in rural communities 
                                with a low supply of child care.
                            ``(iii) Opportunity for parental choice in 
                        child care services
                    ``(C) Quality assessment.--In evaluating the extent 
                to which there are improvements in the quality of child 
                care in the areas determined to be in particular need 
                of child care, the Secretary shall focus on at least 5 
                of the following areas:
                            ``(i) Ratios of staff to children and group 
                        size.
                            ``(ii) Developmentally-appropriate 
                        curriculum.
                            ``(iii) Approaches to instruction.
                            ``(iv) Relationship quality between 
                        children and staff.
                            ``(v) Children's learning and development.
                            ``(vi) Physical environment quality and 
                        ability to protect children and staff from 
                        illness and injury.
                            ``(vii) Qualifications, experience, and 
                        specialized training of staff.
                            ``(viii) Opportunities for staff 
                        professional development.
                            ``(ix) Wages and benefits for staff.
                            ``(x) Ability to foster relationships with 
                        families and communities.
                            ``(xi) Leadership and management capacity.
                            ``(xii) Creating a stable work environment 
                        for staff retention.
                            ``(xiii) Pursuit or earning of national 
                        accreditation.
                    ``(D) Report.--The Secretary shall--
                            ``(i) submit a report to the appropriate 
                        committees of Congress regarding the 
                        evaluations of the impact of the activities 
                        carried out by lead agencies with funds from 
                        grants paid under this subsection--
                                    ``(I) within 180 days of the 
                                completion of each such evaluation; and
                                    ``(II) at least once every 5 years; 
                                and
                            ``(ii) make each such report, along with 
                        the data and report for each evaluation, 
                        publicly available.
            ``(9) Definitions.--In this subsection:
                    ``(A) Appropriate committees of congress.--The term 
                `appropriate committees of Congress' means the 
                Committee on Appropriations, the Committee on Ways and 
                Means, and the Committee on Education and Labor of the 
                House of Representatives and the Committee on 
                Appropriations, the Committee on Finance, and the 
                Committee on Health, Education, Labor, and Pensions of 
                the Senate.
                    ``(B) Lead agency.--The term `lead agency' has the 
                meaning given that term in section 658P(9) of the Child 
                Care and Development Block Grant Act of 1990.''.
    (b) Effective Date.--The amendments made by this section take 
effect on October 1, 2021.
                                 <all>