,,ii #aafth ,,congress #b;d ,session ,s4 #dbba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bj1 #bjbj ,ms4 ,ernst 7for herself1 ,mr4 ,alexander1 ,mr4 ,cornyn1 ,ms4 ,mc,sally1 ,mr4 ,young1 ,mr4 ,tillis1 ,ms4 ,collins1 ,mr4 ,daines1 ,mr4 ,gardner1 and ,mr4 ,boozman7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to provide for grants to support the provision of child care by reopening and maintaining the operation of child care programs4 #a4 ,short title ,this ,act may be cited as the ,back to ,work ,child ,care ,grants ,act of #bjbj4 #b4 ,back to ,work ,child ,care grants 7a7 ,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 programs1 and maintaining the availability of child care in the ,united ,states1 so that parents can access safe care and return to work4 7b7 ,definitions ,in this section3 7#a7 ,,covid-#ai public health emergency ,the term ,,covid-#ai public health emergency means the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 on ,january #ca1 #bjbj1 with respect to ,,covid-#ai1 including any renewal of such declaration4 7#b7 ,eligible child care provider ,the term eligible child care provider means-- 7,a7 an eligible child care provider as defined in section #feh,p7#f77;,a7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn7#f77;,a772 and 7,b7 a child care provider that-- 7i7 is license-exempt and operating legally in the ,state2 7ii7 is not providing child care services to relatives2 and 7iii7 satisfies ,state and local requirements1 including those referenced in section #feh;,e7c77#b77;,i7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 77#db ,u4,s4,c4 #iheh;c77c77#b77;,i774 7#c7 ,indian tribe2 tribal organization ,the terms ,indian tribe and tribal organization have the meanings given the terms in section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn74 7#d7 ,lead agency ,the term lead agency has the meaning given the term in section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn74 7#e7 ,qualified child care provider ,the term qualified child care provider means an eligible child care provider with an application approved under subsection 7g7 for the program involved4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#g7 ,state ,the term ,state has the meaning given the term in section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn74 7c7 ,grants for child care programs ,from the funds appropriated to carry out this section1 the ,secretary shall make ,back to ,work ,child ,care grants to ,states1 ,indian tribes1 and tribal organizations1 that submit notices of intent to provide assurances under subsection 7d77#b74 ,the grants shall provide for subgrants to qualified child care providers1 for a transition period of not more than #i months to assist in paying for fixed costs and increased operating expenses due to ,,covid-#ai1 and to reenroll children in an environment that supports the health and safety of children and staff4 7d7 ,process for allocation of funds 7#a7 ,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 #aiij 7#db ,u4,s4,c4 #iheg et seq47 in accordance with subsection 7e77#b7 of this ,act4 7#b7 ,notice ,not later than #g days after funds are appropriated to carry out this section1 the ,secretary shall provide to ,states1 ,indian tribes1 and tribal organizations a notice of funding availability1 for ,back to ,work ,child ,care grants under subsection 7c7 from allotments and payments under subsection 7e77#b74 ,the ,secretary shall issue a notice of the funding allocations for each ,state1 ,indian tribe1 and tribal organization not later than #ad days after funds are appropriated to carry out this section4 7#c7 ,notice of intent ,not later than #ad days after issuance of a notice of funding allocations under paragraph 7#a71 a ,state1 ,indian tribe1 or tribal organization that seeks such a grant shall submit to the ,secretary a notice of intent to provide assurances for such grant4 ,the notice of intent shall include a certification that the ,state1 ,indian tribe1 or tribal organization will repay the grant funds if such ,state1 ,indian tribe1 or tribal organization fails to provide assurances that meet the requirements of subsection 7f7 or to comply with such an assurance4 7#d7 ,grants to lead agencies ,the ,secretary may make grants under subsection 7c7 to the lead agency of each ,state1 ,indian tribe1 or tribal organization1 upon receipt of the notice of intent to provide assurances for such grant4 7#e7 ,provision of assurances ,not later than #ae days after receiving the grant1 the ,state1 ,indian tribe1 or tribal organization shall provide assurances that meet the requirements of subsection 7f74 7e7 ,federal reservation2 allotments and payments 7#a7 ,reservation ,the ,secretary shall reserve not more than #a percent of the amount appropriated to carry out this section to pay for the costs of the ,federal administration of this section4 ,the amount appropriated to carry out this section and reserved under this paragraph shall remain available through fiscal year #bjba4 7#b7 ,allotments and payments ,the ,secretary shall use the remaining portion of such amount to make allotments and payments1 to ,states1 ,indian tribes1 and tribal organizations that submit such a notice of intent to provide assurances1 in accordance with paragraphs 7#a7 and 7#b7 of subsection 7a71 and subsection 7b71 of section #feh,o of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehm71 for the grants described in subsection 7c74 7f7 ,assurances ,a ,state1 ,indian tribe1 or tribal organization that receives a grant under subsection 7c7 shall provide to the ,secretary assurances that the lead agency will-- 7#a7 require as a condition of subgrant funding under subsection 7g7 that each eligible child care provider applying for a subgrant from the lead agency-- 7,a7 has been an eligible child care provider in continuous operation and serving children through a child care program immediately prior to ,march #a1 #bjbj2 7,b7 agree to follow all applicable ,state1 local1 and tribal health and safety requirements and1 if applicable1 enhanced protocols for child care services and related to ,,covid-#ai or another health or safety condition2 7,c7 agree to comply with the documentation and reporting requirements under subsection 7h72 and 7,d7 certify in good faith that the child care program of the provider will remain open for not less than #a year after receiving such a subgrant1 unless such program is closed due to extraordinary circumstances1 including a state of emergency declared by the ,governor or a major disaster or emergency declared by the ,president under section #dja or #eja1 respectively1 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj1 #eaia72 7#b7 ensure eligible child care providers in urban1 suburban1 and rural areas can readily apply for and access funding under this section1 which shall include the provision of technical assistance either directly or through resource and referral agencies or staffed family child care provider networks2 7#c7 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 #aiij 7#db ,u4,s4,c4 #iheg et seq47 at the time of application for a subgrant2 7#d7 through at least ,december #ca1 #bjbj1 continue to expend funds provided under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq47 for the purpose of continuing payments and assistance to qualified child care providers on the basis of applicable reimbursements prior to ,march #bjbj2 7#e7 undertake a review of burdensome ,state1 local1 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 community1 as applicable2 7#f7 make available to the public1 which shall include1 at a minimum1 posting to an internet website of the lead agency-- 7,a7 notice of funding availability through subgrants for qualified child care providers under this section2 and 7,b7 the criteria for awarding subgrants for qualified child care providers1 including the methodology the lead agency used to determine and disburse funds in accordance with subparagraphs 7,d7 and 7,e7 of subsection 7g77#d72 and 7#g7 ensure the maintenance of a delivery system of child care services throughout the ,state that provides for child care in a variety of settings1 including the settings of family child care providers4 7g7 ,lead agency use of funds 7#a7 ,in general ,a lead agency that receives a ,back to ,work ,child ,care grant under this section-- 7,a7 shall use a portion that is not less than #id percent of the grant funds to award subgrants to qualified child care providers as described in the lead agency's assurances pursuant to subsection 7f72 7,b7 shall reserve not more than #f percent of the funds to-- 7i7 use not less than #a percent of the funds to provide technical assistance and support in applying for and accessing funding through such subgrants to eligible child care providers1 including to rural providers1 family child care providers1 and providers with limited administrative capacity2 and 7ii7 use the remainder of the reserved funds to-- 7,i7 administer subgrants to qualified child care providers under paragraph 7#d71 which shall include monitoring the compliance of qualified child care providers with applicable ,state1 local1 and tribal health and safety requirements2 and 7,,ii7 comply with the reporting and documentation requirements described in subsection 7h72 and 7,c7 7i7 shall not make more than #a subgrant under paragraph 7#d7 to a child care provider1 except as described in clause 7ii72 and 7ii7 may make multiple subgrants to a qualified child care provider1 if the lead agency makes each subgrant individually for #a child care program operated by the provider and the funds from the multiple subgrants are not pooled for use for more than #a of the programs4 7#b7 ,role of third party ,the lead agency may designate a third party1 such as a child care resource and referral agency1 to carry out the responsibilities of the lead agency1 and oversee the activities conducted by qualified child care providers under this subsection4 7#c7 ,obligation and return of funds 7,a7 ,obligation 7i7 ,in general ,the lead agency shall obligate at least #ej percent of the grant funds in the portion described in paragraph 7#a77;,a7 for subgrants to qualified child care providers by the day that is #f months after the date of enactment of this ,act4 7ii7 ,waivers ,at the request of a ,state1 ,indian tribe1 or tribal organization1 and for good cause shown1 the ,secretary may waive the requirement under clause 7i7 for the ,state1 ,indian tribe1 or tribal organization4 7,b7 ,return of funds ,not later than the date that is #ab months after a grant is awarded to a lead agency in accordance with this section1 the lead agency shall return to the ,secretary any of the grant funds that are not obligated by the lead agency by such date4 ,the ,secretary shall return any funds received under this subparagraph to the ,treasury of the ,united ,states4 7#d7 ,subgrants 7,a7 ,in general ,a lead agency that receives a grant under subsection 7c7 shall make subgrants to qualified child care providers to assist in paying for fixed costs and increased operating expenses1 for a transition period of not more than #i months1 so that parents have a safe place for their children to receive child care as the parents return to the workplace4 7,b7 ,use of funds ,a qualified child care provider may use subgrant funds for-- 7i7 sanitation and other costs associated with cleaning the facility1 including deep cleaning in the case of an outbreak of ,,covid-#ai1 of a child care program used to provide child care services2 7ii7 recruiting1 retaining1 and compensating child care staff1 including providing professional development to the staff related to child care services and applicable ,state1 local1 and tribal health and safety requirements and1 if applicable1 enhanced protocols for child care services and related to ,,covid-#ai or another health or safety condition2 7iii7 paying for fixed operating costs associated with providing child care services1 including the costs of payroll1 the continuation of existing 7as of ,march #a1 #bjbj7 employee benefits1 mortgage or rent1 utilities1 and insurance2 7iv7 acquiring equipment and supplies 7including personal protective equipment7 necessary to provide child care services in a manner that is safe for children and staff in accordance with applicable ,state1 local1 and tribal health and safety requirements2 7v7 replacing materials that are no longer safe to use as a result of the ,,covid-#ai public health emergency2 7vi7 making facility changes and repairs to address enhanced protocols for child care services related to ,,covid-#ai or another health or safety condition1 to ensure children can safely occupy a child care facility2 7vii7 purchasing or updating equipment and supplies to serve children during nontraditional hours2 7viii7 adapting the child care program or curricula to accommodate children who have not had recent access to a child care setting2 7ix7 carrying out any other activity related to the child care program of a qualified child care provider2 and 7x7 reimbursement of expenses incurred before the provider received a subgrant under this paragraph1 if the use for which the expenses are incurred is described in any of clauses 7i7 though 7ix7 and is disclosed in the subgrant application for such subgrant4 7,c7 ,subgrant application ,to be qualified to receive a subgrant under this paragraph1 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 require1 including-- 7i7 a budget plan that includes-- 7,i7 information describing how the eligible child care provider will use the subgrant funds to pay for fixed costs and increased operating expenses1 including1 as applicable1 payroll1 employee benefits1 mortgage or rent1 utilities1 and insurance1 described in subparagraph 7,b77iii72 7,,ii7 data on current operating capacity1 taking into account previous operating capacity for a period of time prior to the ,,covid-#ai public health emergency1 and updated group size limits and staff-to-child ratios2 7,,iii7 child care enrollment1 attendance1 and revenue projections based on current operating capacity and previous enrollment and revenue for the period described in subclause 7,,ii72 and 7,,iv7 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 section2 7ii7 assurances that the eligible child care provider will-- 7,i7 report to the lead agency1 before every month for which the subgrant funds are to be received1 data on current financial characteristics1 including revenue1 and data on current average enrollment and attendance2 7,,ii7 not artificially suppress revenue1 enrollment1 or attendance for the purposes of receiving subgrant funding2 7,,iii7 provide the necessary documentation under subsection 7h7 to the lead agency1 including providing documentation of expenditures of subgrant funds2 and 7,,iv7 implement all applicable ,state1 local1 and tribal health and safety requirements and1 if applicable1 enhanced protocols for child care services and related to ,,covid-#ai or another health or safety condition2 and 7iii7 a certification in good faith that the child care program will remain open for not less than #a year after receiving a subgrant under this paragraph1 unless such program is closed due to extraordinary circumstances described in subsection 7f77#a77;,d74 7,d7 ,subgrant disbursement ,in providing funds through a subgrant under this paragraph-- 7i7 the lead agency shall-- 7,i7 disburse such subgrant funds to a qualified child care provider in installments made not less than once monthly2 7,,ii7 disburse a subgrant installment for a month after the qualified child care provider has provided1 before that month1 the enrollment1 attendance1 and revenue data required under subparagraph 7,c77ii77,i7 and1 if applicable1 current operating capacity data required under subparagraph 7,c77i77,,ii72 and 7,,iii7 make subgrant installments to any qualified child care provider for a period of not more than #i months2 and 7ii7 the lead agency may1 notwithstanding subparagraph 7,e77i71 disburse an initial subgrant installment to a provider in a greater amount than that subparagraph provides for1 and adjust the succeeding installments1 as applicable4 7,e7 ,subgrant installment amount ,the lead agency-- 7i7 shall determine the amount of a subgrant installment under this paragraph by basing the amount on-- 7,i7 7aa7 at a minimum1 the fixed costs associated with the provision of child care services by a qualified child care provider2 and 7bb7 at the election of the lead agency1 an additional amount determined by the ,state1 for the purposes of assisting qualified child care providers with1 as applicable1 increased operating costs and lost revenue1 associated with the ,,covid-#ai public health emergency2 and 7,,ii7 any other methodology that the lead agency determines to be appropriate1 and which is disclosed in reporting submitted by the lead agency under subsection 7f77#f77;,b72 7ii7 shall ensure that1 for any period for which subgrant funds are disbursed under this paragraph1 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 #a year prior2 and 7iii7 may factor in decreased operating capacity due to updated group size limits and staff-to-child ratios1 in determining subgrant installment amounts4 7,f7 ,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 7,c77ii77,,ii71 or to comply with such an assurance4 7#e7 ,supplement not supplant ,amounts made available to carry out this section shall be used to supplement and not supplant other ,federal1 ,state1 tribal1 and local public funds expended to provide child care services1 including funds provided under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq47 and ,state and tribal child care programs4 7h7 ,documentation and reporting requirements 7#a7 ,documentation ,a ,state1 ,indian tribe1 or tribal organization receiving a grant under subsection 7c7 shall provide documentation of any ,state or tribal expenditures from grant funds received under subsection 7c7 in accordance with section #feh,k7b7 of the ,child ,care ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;i7b771 and to the independent entity described in that section4 7#b7 ,reports 7,a7 ,lead agency report ,a lead agency receiving a grant under subsection 7c7 shall1 not later than #ab months after receiving such grant1 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 section1 including-- 7i7 a description of how the lead agency determined-- 7,i7 the criteria for awarding subgrants for qualified child care providers1 including the methodology the lead agency used to determine and disburse funds in accordance with subparagraphs 7,d7 and 7,e7 of subsection 7g77#d72 and 7,,ii7 the types of providers that received priority for the subgrants1 including considerations related to-- 7aa7 setting2 7bb7 average monthly revenues1 enrollment1 and attendance1 before and during the ,,covid-#ai public health emergency and after the expiration of ,state1 local1 and tribal stay-at-home orders2 and 7cc7 geographically based child care service needs across the ,state or tribal community2 and 7ii7 the number of eligible child care providers in operation and serving children on ,march #a1 #bjbj1 and the average number of such providers for ,march #bjbj and each of the #aa months following1 disaggregated by age of children served1 geography1 region1 center-based child care setting1 and family child care setting2 7iii7 the number of child care slots1 in the capacity of a qualified child care provider given applicable group size limits and staff-to-child ratios1 that were open for attendance of children on ,march #a1 #bjbj1 the average number of such slots for ,march #bjbj and each of #aa months following1 disaggregated by age of children served1 geography1 region1 center-based child care setting1 and family child care setting2 7iv7 7,i7 the number of qualified child care providers that received a subgrant under subsection 7g77#d71 disaggregated by age of children served1 geography1 region1 center-based child care setting1 and family child care setting1 and the average and range of the amounts of the subgrants awarded2 and 7,,ii7 the percentage of all eligible child care providers that are qualified child care providers that received such a subgrant1 disaggregated as described in subclause 7,i72 and 7v7 information concerning how qualified child care providers receiving subgrants under subsection 7g77#d7 used the subgrant funding received1 disaggregated by the allowable uses of funds described in subsection 7g77#d77;,b74 7,b7 ,report to ,congress ,not later than #ij days after receiving the lead agency reports required under subparagraph 7,a71 the ,secretary shall make publicly available and provide to the ,committee on ,health1 ,education1 ,labor1 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 reports4 7i7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out the activities under this ,act4