[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1911 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1911
To provide assistance with respect to child care infrastructure, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 16, 2021
Ms. Clark of Massachusetts (for herself, Mr. Bowman, and Ms. Bonamici)
introduced the following bill; which was referred to the Committee on
Education and Labor, and in addition to the Committees on Energy and
Commerce, Ways and Means, and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide assistance with respect to child care infrastructure, 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; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Child Care is
Infrastructure Act''.
(b) Findings.--Congress makes the following findings:
(1) Early care and learning settings directly impact the
physical, behavioral, and cognitive development of young
children, and these settings should be designed and equipped to
keep children safe and help children thrive.
(2) An investigation in 10 States conducted by the Office
of the Inspector General of the Department of Health and Human
Services found that 96 percent of early care and learning
facilities inspected during unannounced visits had at least 1
potentially hazardous condition.
(3) Approximately 500,000 early care and learning
facilities are not regulated under the Safe Drinking Water Act
(42 U.S.C. 300f), and only 11 States and New York City require
licensed early care and learning facilities to test drinking
water within such facilities for lead.
(4) A Department of Health and Human Services report from
2015 found that an estimated 2,201 Head Start centers needed
facility improvements, including improvements related to
rebuilding, renovating, and conducting maintenance on such
facilities.
(5) Only 2 statewide needs assessments have been conducted:
(A) A 2011 statewide study of Massachusetts early
care and learning facilities found excessive levels of
carbon dioxide in early care and learning facilities
throughout the State, insufficient ventilation systems,
and furnishings containing formaldehyde.
(B) A 2014 statewide study in Rhode Island found
that--
(i) all centers visited had at least one
playground safety hazard;
(ii) centers in poor condition tend to
serve higher rates of low-income, State-
subsidized children; and
(iii) nearly 70 percent of early learning
centers visited had one or more issues related
to the overall building condition, such as
water stains, excessive wear, and peeling
paint.
(6) The National Children's Facilities Network estimates
that the United States would require at least $14 billion to
bring existing early care and learning facilities up to
professional standards.
(7) While data on the condition of facilities is available
for 2 States, it is lacking elsewhere. The extent of the
problem is impossible to determine without a nationwide
assessment of the current condition of existing early care and
learning facilities.
(8) In 2019, a member of the child care workforce earned a
median pay of $24,230 per year, or $11.65 per hour, below the
Federal poverty rate for a family of four, which was $26,200 in
2020.
(9) Over half of the child care workforce is enrolled in at
least one main public benefit program--Medicaid, CHIP, EITC,
SNAP, or TANF--compared to 21 percent of the United States
population.
(10) Poor compensation is associated with lower job
satisfaction and higher turnover rates. In absence of quality
wages and benefits, the early childhood field will continue to
struggle to recruit and retain its workforce.
(11) Child care workers who have lower educational
attainment, work with infants and toddlers, or come from
communities of color earn a lower average wage than their
counterparts in the profession.
(12) Child care workers caring for children from ages 3 to
5 have a slightly higher educational attainment with 45 percent
earning a bachelor's degree compared to just 19 percent of
those teaching younger children. One-third or 34 percent of
home-based providers have no higher education and an additional
one-third have some college-level education but did not
complete a higher education degree.
(13) Systemic barriers hamper access to higher education
and training for people of color, continuing to affect wages
and upward mobility within any given career field including
child care. Efforts to address barriers to higher education in
the early childhood workforce is critical in increasing
diversity across all roles.
(14) In the early childhood workforce, 94 percent of
workers are women with more than one in five being foreign-
born, 15 percent being Black, 21 percent being Hispanic. In
total, 40 percent of child care workers are people of color.
SEC. 2. INFRASTRUCTURE GRANTS TO IMPROVE CHILD CARE SAFETY.
(a) In General.--Part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) is amended by inserting after section 418 the
following:
``SEC. 418A. INFRASTRUCTURE GRANTS TO IMPROVE CHILD CARE SAFETY.
``(a) Short Title.--This section may be cited as the
`Infrastructure Grants To Improve Child Care Safety Act'.
``(b) Needs Assessments.--
``(1) Immediate needs assessment.--
``(A) In general.--The Secretary shall conduct an
immediate needs assessment of the condition of child
care facilities throughout the United States (with
priority given to child care facilities that receive
Federal funds), that--
``(i) determines the extent to which the
COVID-19 pandemic has created immediate
infrastructure needs, including infrastructure-
related health and safety needs, which must be
addressed for child care facilities to operate
in compliance with public health guidelines;
``(ii) considers the effects of the
pandemic on a variety of child care centers,
including home-based centers; and
``(iii) considers how the pandemic has
impacted specific metrics, such as--
``(I) capacity;
``(II) investments in
infrastructure changes;
``(III) the types of infrastructure
changes centers need to implement and
their associated costs;
``(IV) the price of tuition; and
``(V) any changes or anticipated
changes in the number and demographic
of children attending.
``(B) Timing.--The immediate needs assessment
should occur simultaneously with the first grant-making
cycle under subsection (c).
``(C) Report.--Not later than 1 year after the date
of the enactment of this section, the Secretary shall
submit to the Congress a report containing the result
of the needs assessment conducted under subparagraph
(A), and make the assessment publicly available.
``(2) Long-term needs assessment.--
``(A) In general.--The Secretary shall conduct a
long-term assessment of the condition of child care
facilities throughout the United States (with priority
given to child care facilities that receive Federal
funds). The assessment may be conducted through
representative random sampling.
``(B) Report.--Not later than 4 years after the
date of the enactment of this section, the Secretary
shall submit to the Congress a report containing the
results of the needs assessment conducted under
subparagraph (A), and make the assessment publicly
available.
``(c) Child Care Facilities Grants.--
``(1) Grants to states.--
``(A) In general.--The Secretary may award grants
to States for the purpose of acquiring, constructing,
renovating, or improving child care facilities,
including adapting, reconfiguring, or expanding
facilities to respond to the COVID-19 pandemic.
``(B) Prioritized facilities.--The Secretary may
not award a grant to a State under subparagraph (A)
unless the State involved agrees, with respect to the
use of grant funds, to prioritize--
``(i) child care facilities primarily
serving low-income populations;
``(ii) child care facilities primarily
serving children who have not attained the age
of 5 years;
``(iii) child care facilities that made
maximum health and safety modifications to
account for the impact of the COVID-19
pandemic;
``(iv) child care facilities that operate
under nontraditional hours; and
``(v) child care facilities located in
rural or underserved communities.
``(C) Duration of grants.--A grant under this
subsection shall be awarded for a period of not more
than 5 years.
``(D) Application.--To seek a grant under this
subsection, a State shall submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require, which information shall--
``(i) be disaggregated as the Secretary may
require; and
``(ii) include a plan to use a portion of
the grant funds to report back to the Secretary
on the impact of using the grant funds to
improve child care facilities.
``(E) Priority.--In selecting States for grants
under this subsection, the Secretary shall prioritize
States that--
``(i) plan to improve center-based and
home-based child care programs, which may
include a combination of child care and early
Head Start or Head Start programs;
``(ii) aim to meet specific needs across
urban, suburban, or rural areas as determined
by the State; and
``(iii) show evidence of collaboration
with--
``(I) local government officials;
``(II) other State agencies;
``(III) nongovernmental
organizations, such as--
``(aa) organizations within
the philanthropic community;
``(bb) certified community
development financial
institutions as defined in
section 103 of the Community
Development Banking and
Financial Institutions Act of
1994 (12 U.S.C. 4702) that have
been certified by the Community
Development Financial
Institutions Fund (12 U.S.C.
4703); and
``(cc) organizations that
have demonstrated experience
in--
``(AA) providing
technical or financial
assistance for the
acquisition,
construction,
renovation, or
improvement of child
care facilities;
``(BB) providing
technical, financial,
or managerial
assistance to child
care providers; and
``(CC) securing
private sources of
capital financing for
child care facilities
or other low-income
community development
projects; and
``(IV) local community
organizations, such as--
``(aa) child care
providers;
``(bb) community care
agencies;
``(cc) resource and
referral agencies; and
``(dd) unions.
``(F) Consideration.--In selecting States for
grants under this subsection, the Secretary shall
consider--
``(i) whether the applicant--
``(I) has or is developing a plan
to address child care facility needs;
and
``(II) demonstrates the capacity to
execute such a plan; and
``(ii) after the date the report required
by subsection (b)(1)(C) is submitted to the
Congress, the needs of the applicants based on
the results of the assessment.
``(G) Diversity of awards.--In awarding grants
under this section, the Secretary shall give equal
consideration to States with varying capacities under
subparagraph (F).
``(H) Matching requirement.--
``(i) In general.--As a condition for the
receipt of a grant under subparagraph (A), a
State that is not an Indian tribe shall agree
to make available (directly or through
donations from public or private entities)
contributions with respect to the cost of the
activities to be carried out pursuant to
subparagraph (A), which may be provided in cash
or in kind, in an amount equal to 10 percent of
the funds provided through the grant.
``(ii) Determination of amount
contributed.--Contributions required by clause
(i) may include--
``(I) amounts provided by the
Federal Government, or services
assisted or subsidized to any
significant extent by the Federal
Government; or
``(II) philanthropic or private-
sector funds.
``(I) Report.--Not later than 6 months after the
last day of the grant period, a State receiving a grant
under this paragraph shall submit a report to the
Secretary as described in subparagraph (D)--
``(i) to determine the effects of the grant
in constructing, renovating, or improving child
care facilities, including any changes in
response to the COVID-19 pandemic and any
effects on access to and quality of child care;
and
``(ii) to provide such other information as
the Secretary may require.
``(J) Amount limit.--The annual amount of a grant
under this paragraph may not exceed $35,000,000.
``(2) Grants to intermediary organizations.--
``(A) In general.--The Secretary may award grants
to intermediary organizations, such as certified
community development financial institutions, tribal
organizations, or other organizations with demonstrated
experience in child care facilities financing, for the
purpose of providing technical assistance, capacity
building, and financial products to develop or finance
child care facilities.
``(B) Application.--A grant under this paragraph
may be made only to intermediary organizations that
submit to the Secretary an application at such time, in
such manner, and containing such information as the
Secretary may require.
``(C) Priority.--In selecting intermediary
organizations for grants under this subsection, the
Secretary shall prioritize intermediary organizations
that--
``(i) demonstrate experience in child care
facility financing or related community
facility financing;
``(ii) demonstrate the capacity to assist
States and local governments in developing
child care facilities and programs;
``(iii) demonstrate the ability to leverage
grant funding to support financing tools to
build the capacity of child care providers,
such as through credit enhancements;
``(iv) propose to focus on child care
facilities that operate under nontraditional
hours;
``(v) propose to meet a diversity of needs
across States and across urban, suburban, and
rural areas at varying types of center-based,
home-based, and other child care settings,
including early care programs located in
freestanding buildings or in mixed-use
properties; and
``(vi) propose to focus on child care
facilities primarily serving low-income
populations and children who have not attained
the age of 5 years.
``(D) Amount limit.--The amount of a grant under
this paragraph may not exceed $10,000,000.
``(3) Report.--Not later than the end of fiscal year 2026,
the Secretary shall submit to the Congress a report on the
effects of the grants provided under this subsection, and make
the report publically accessible.
``(d) Labor Standards for All Grants.--The Secretary shall require
that each entity, including grantees and subgrantees, that applies for
an infrastructure grant for constructing, renovating, or improving
child care facilities, including adapting, reconfiguring, or expanding
such facilities, which is funded in whole or in part under this
section, shall include in its application written assurance that all
laborers and mechanics employed by contractors or subcontractors in the
performance of construction, alternation or repair, as part of such
project, shall be paid wages at rates not less than those prevailing on
similar work in the locality as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of part A of subtitle II of
title 40, United States Code (commonly referred to as the `Davis-Bacon
Act'), and with respect to the labor standards specified in such
subchapter the Secretary of Labor shall have the authority and
functions set forth in Reorganization Plan Numbered 14 of 1950 (15 Fed.
Reg. 3176; 5 U.S.C. App.).
``(e) Limitations on Authorization of Appropriations.--
``(1) In general.--To carry out this section, there is
authorized to be appropriated $10,000,000,000 for fiscal year
2022, which shall remain available through fiscal year 2026.
``(2) Reservations of funds.--
``(A) Indian tribes.--The Secretary shall reserve 3
percent of the total amount made available to carry out
this section, for payments to Indian tribes.
``(B) Territories.--The Secretary shall reserve 3
percent of the total amount made available to carry out
this section, for payments to territories.
``(3) Grants for intermediary organizations.--Not less than
10 percent and not more than 15 percent of the total amount
made available to carry out this section may be used to carry
out subsection (c)(2).
``(4) Limitation on use of funds for needs assessments.--
Not more than $5,000,000 of the amounts made available to carry
out this section may be used to carry out subsection (b).
``(f) Definition of State.--In this section, the term `State' has
the meaning provided in section 419, except that it includes the
Commonwealth of the Northern Mariana Islands and any Indian tribe.''.
(b) Exemption of Territory Grants From Limitation on Total Payments
to the Territories.--Section 1108(a)(2) of such Act (42 U.S.C.
1308(a)(2)) is amended by inserting ``418A(c),'' after ``413(f),''.
SEC. 3. EARLY CHILDHOOD EDUCATOR LOAN ASSISTANCE PROGRAM.
Part Q of title III of the Public Health Service Act (42 U.S.C.
280h) is amended by adding at the end the following:
``SEC. 399Z-3. EARLY CHILDHOOD EDUCATOR LOAN ASSISTANCE PROGRAM.
``(a) Authority.--The Secretary may carry out a program of entering
into contracts with eligible early childhood educators under which such
educators agree to serve for a period of 5 years as early childhood
educators with a qualified employer, in consideration of the Federal
Government agreeing to repay, for each year of such service, not more
than $6,000 of the principal and interest of the educational loans of
such educators.
``(b) Recertification.--An eligible early childhood educator
seeking to continue to receive payments under this section shall submit
on an annual basis to the Secretary such information as the Secretary
may require to certify that the educator is continuing to meet the
criteria to be considered an eligible educator.
``(c) Maximum Amount of Loan.--The total amount of payments
received by an eligible early childhood educator under this section may
not exceed the total amount of the principal and interest of the
educational loans of such educator.
``(d) Applicability of Certain Provisions.--The following
provisions of the National Health Service Corps Loan Assistance Program
established in subpart III of part D shall apply to the program
established under this section in the same manner and to the same
extent as such provisions apply to the National Health Service Corps
Loan Assistance Program:
``(1) Paragraphs (1) through (3) of section 338B(c)
(relating to application information, understandability, and
availability).
``(2) Section 338B(c)(4) (relating to recruitment and
retention).
``(3) Section 338B(d) (relating to factors considered in
providing contracts).
``(4) Section 338(e) (relating to the approval required for
participation).
``(5) Section 338B(f) (relating to contents of contracts).
``(6) Section 338B(g) (relating to payments, including
repayment schedule and tax liability).
``(e) Report to Congress.--Not later than 5 years after the date of
the enactment of this section, the Secretary shall submit to Congress a
report on the implementation of this section.
``(f) Definitions.--In this section:
``(1) The term `eligible early childhood educator' means an
individual that--
``(A) as of the date on which the agreement
referred to in subsection (a)(1) is entered into--
``(i) has outstanding Federal direct loans
obtained for purposes of pursuing an
associate's degree, a 4-year bachelor's degree,
a graduate degree, or a combined bachelor and
master's degree, in early childhood education
or a related field from an accredited
institution (including any such loan for which
the individual is enrolled in an income-based
repayment plan); and
``(ii) is in good standing with respect to
the loans referred to in clause (i); and
``(B) agrees to--
``(i) serve as an early childhood educator
with a qualified employer for a period of not
less than 5 years; and
``(ii) make timely payments with respect to
the loans described in subparagraph (A)(i).
``(2) The term `qualified employer' means a childcare
provider that receives or is eligible to receive vouchers or
assistance under the Child Care and Development Block Grant Act
of 1990.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2022 through 2027.''.
SEC. 4. GRANTS FOR EARLY CHILDHOOD EDUCATORS.
(a) In General.--Beginning not later than 180 days after the date
of the enactment of this Act, the Secretary of Education (referred to
in this section as the ``Secretary'') shall carry out a program under
which the Secretary makes payments to institutions of higher education
with a qualified early childhood educator program to enable such
institutions to make grants, on a competitive basis, to eligible
individuals who file an application and agreement in accordance with
subsections (b) and (c).
(b) Applications.--
(1) In general.--The Secretary shall periodically set dates
by which eligible individuals shall file applications for a
grant under this section. Each eligible individual desiring a
grant under this section shall file an application containing
such information and assurances as the Secretary may determine
necessary to enable the Secretary to carry out the functions
and responsibilities of this section.
(2) Renewal.--A grant awarded under this section may be
renewed for additional one-year periods if--
(A) the recipient submits a renewal application
containing such information and assurances as the
Secretary may determine necessary; and
(B) the grant is renewed not more than three times,
for a total of not more than four academic years for
each eligible recipient.
(c) Service Obligation.--
(1) Agreements to serve.--Each application under subsection
(b) shall include, or be accompanied by--
(A) an agreement by the applicant that--
(i) in the event that the applicant
receives a grant under this section, the
applicant shall--
(I) serve as a full-time or part-
time educator in a licensed early
learning program for a total of not
less than one academic year, and four
additional months for each subsequent
grant renewal, within two years after
the date on which the period of time
covered by the grant is completed; and
(II) submit a certification of
employment by the employing early
learning program in such form as the
Secretary may determine necessary; and
(ii) in the event that the applicant is
determined to have failed or refused to carry
out such service obligation, the sum of the
amounts of any grants received by such
applicant under this section will be treated as
a loan and collected from the applicant in
accordance with paragraph (3) and the
regulations thereunder; and
(B) a plain-language disclosure form developed by
the Secretary that clearly describes the nature of the
grant award, the service obligation, and the loan
repayment requirements that are the consequence of the
failure to complete the service obligation.
(2) Treatment of concurrent service.--An individual who
serves as a full or part-time educator in a licensed early
childhood education program concurrently while enrolled in a
qualified early childhood educator program may count such
service toward the fulfillment of the service obligation in the
agreement under paragraph (1).
(3) Repayment for failure to complete service.--Except as
provided in paragraph (4), in the event that any recipient of a
grant under this section fails or refuses to comply with the
service obligation in the agreement under paragraph (1), the
sum of the amounts of any grants received by such recipient
shall, upon a determination of such a failure or refusal in
such service obligation, be treated as a Federal Direct
Unsubsidized Stafford Loan under part D of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) except
that--
(A) no interest shall accrue on such amounts; and
(B) such amounts shall be subject to repayment in
accordance with--
(i) an income-contingent or income-based
repayment plan, if the individual meets the
eligibility requirements for such a repayment
plan; and
(ii) such other terms and conditions as are
specified by the Secretary in regulations
promulgated under this section.
(4) Hardship extension.--In the case of a recipient who has
made a good faith effort to find employment in a licensed early
learning program and has been unable to acquire such
employment, the Secretary is authorized to provide a hardship
extension for a period of not more than one year to grant
recipients who fail to complete their service requirement
within a 2-year period.
(d) Grant Amount.--An eligible individual selected to receive a
grant or a grant renewal under this section shall receive a grant in an
amount not to exceed $3,000 for each academic year during which the
individual is enrolled on a full-time or part-time basis in the
qualified early childhood educator program for which the grant was
awarded.
(e) Grant Disbursement.--Payments under this section shall be made
in accordance with regulations promulgated by the Secretary for such
purpose and in such manner as will best accomplish the purposes of this
section, provided--
(1) any disbursement made by crediting a grant recipient's
account shall be limited to tuition and fees and other
materials necessary for the completion of coursework as
determined by the Secretary; and
(2) not less than 85 percent of any funds provided to an
eligible institution under subsection (a) shall be advanced to
the eligible institution prior to the start of each payment
period and shall be based upon an amount requested by the
institution as needed to cover the total cost of grants awarded
to eligible recipients until such time as the Secretary
determines and publishes in the Federal Register with an
opportunity for comment, an alternative payment system that
provides payments to institutions in an accurate and timely
manner, except that this sentence shall not be construed to
limit the authority of the Secretary to place an institution on
a reimbursement system of payment.
(f) Direct Payment.--Nothing in this section shall be construed to
prohibit the Secretary from making a grant directly to an eligible
individual in a case in which an institution of higher education with a
qualified early childhood educator program does not participate in the
program under subsection (a).
(g) Definitions.--In this section:
(1) Eligible individual.--The term ``eligible individual''
means an individual who is enrolled on a full-time or part-time
basis in a qualified early childhood educator program.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(3) Qualified early childhood educator program.--The term
``qualified early childhood educator program'' means a course
of study leading to an associate's degree or a certificate in
early childhood education or a related field from an
institution of higher education.
(4) Licensed early learning program.--The term ``licensed
early learning program'' means any State-licensed or State-
regulated program or provider, regardless of setting or funding
source, that provides early care and education for children
from birth to kindergarten entry, including, but not limited
to, programs operated by child care centers and in family child
care homes.
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $10,000,000 for each of fiscal years
2022 through 2026.
(2) Limitation.--Of the amount made available under
paragraph (1) in any fiscal year, not more than 3 percent may
be used for evaluation, monitoring, salaries, and
administrative expenses.
SEC. 5. CCAMPIS REAUTHORIZATION.
Section 419N of the Higher Education Act of 1965 (20 U.S.C. 1070e)
is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``The amount'' and
inserting ``Except as provided in
subparagraph (C), the amount''; and
(II) by striking ``1 percent'' and
inserting ``2 percent'';
(ii) in subparagraph (B)(ii), by striking
``subsection (g)'' and inserting ``subsection
(h)''; and
(iii) by adding at the end the following:
``(C) Performance bonus.--
``(i) In general.--Notwithstanding
subparagraph (A), for any fiscal year for which
the amount appropriated under subsection (h) is
not less than $140,000,000, the Secretary may
pay a performance bonus to an eligible
institution of higher education.
``(ii) Maximum amount.--A bonus paid to an
eligible institution of higher education under
clause (i) for a fiscal year shall not exceed
an amount equal to 20 percent of the amount of
the annual grant payment received by the
institution under paragraph (3)(B) for the
fiscal year preceding the fiscal year for which
the bonus is paid.
``(iii) Use of bonus.--A bonus received by
an institution under clause (i) shall be used
by the institution in the same manner as a
grant under this section and shall be treated
as grant funds for purposes of the application
of paragraph (5), except that the Secretary may
extend the grant period as necessary for the
institution to use such bonus.
``(iv) Eligible institution of higher
education.--In this subparagraph, the term
`eligible institution of higher education'
means an institution of higher education that--
``(I) has received a grant under
this section for not less than the
period of three consecutive fiscal
years preceding the fiscal year in
which the bonus is paid under clause
(i);
``(II) for each such preceding
fiscal year, has met or exceeded the
performance levels established by the
institution for such year under
subsection (e)(1)(B)(v); and
``(III) has demonstrated the need
for such bonus.''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``4
years'' and inserting ``5 years''; and
(ii) in subparagraph (B), by striking
``subsection (e)(2)'' and inserting
``subsection (e)(3)'';
(2) by amending subsection (c) to read as follows:
``(c) Applications.--
``(1) In general.--An institution of higher education
desiring a grant under this section shall submit an application
to the Secretary at such time, in such manner, and accompanied
by such information as the Secretary may require. Such
application shall--
``(A) demonstrate that the institution is an
eligible institution described in subsection (b)(4);
``(B) specify the amount of funds requested;
``(C) demonstrate the need of low-income students
at the institution for campus-based child care services
by including in the application--
``(i) information regarding student
demographics, including whether the student is
a full-time or part-time student;
``(ii) an assessment of child care capacity
on or near campus;
``(iii) information regarding the waiting
lists for child care services on or near
campus;
``(iv) information regarding additional
needs created by concentrations of poverty or
by geographic isolation;
``(v) information about the number of low-
income student parents being served through
campus-based child care services; and
``(vi) other relevant data;
``(D) specify the estimated percentage of the
institution's grant that will be used directly to
subsidize the fee charged for on-campus and off-campus
childcare, respectively, for low-income students;
``(E) contain a description of the activities to be
assisted, including whether the grant funds will
support an existing child care program or a new child
care program;
``(F) identify the resources, including technical
expertise and financial support, that the institution
will draw upon to support the child care program and
the participation of low-income students in the program
(such as accessing social services funding, using
student activity fees to help pay the costs of child
care, using resources obtained by meeting the needs of
parents who are not low-income students, and accessing
foundation, corporate, or other institutional support)
and demonstrate that the use of the resources will not
result in increases in student tuition;
``(G) contain an assurance that the institution
will meet the child care needs of low-income students
through the provision of services, or through a
contract for the provision of services;
``(H) describe the extent to which the child care
program will coordinate with the institution's early
childhood education curriculum, to the extent the
curriculum is available, to meet the needs of the
students in the early childhood education program at
the institution, and the needs of the parents and
children participating in the child care program
assisted under this section;
``(I) in the case of an institution seeking
assistance for a new child care program--
``(i) provide a timeline, covering the
period from receipt of the grant through the
provision of the child care services,
delineating the specific steps the institution
will take to achieve the goal of providing low-
income students with child care services;
``(ii) specify any measures the institution
will take to assist low-income students with
child care during the period before the
institution provides child care services; and
``(iii) include a plan for identifying
resources needed for the child care services,
including space in which to provide child care
services, and technical assistance if
necessary;
``(J) contain an assurance that any child care
facility assisted under this section will meet the
applicable State and local government licensing,
certification, approval, or registration requirements;
``(K) in the case of an institution that is awarded
a grant under this section after the date of the
enactment of the College Affordability Act, provide an
assurance that, not later than three years after the
date on which such grant is awarded, any child care
facility assisted with such grant will--
``(i) meet Head Start performance standards
under subchapter B of chapter 13 of title 45,
Code of Federal Regulations (as in effect on
the date of enactment of the College
Affordability Act) and any successor
regulations;
``(ii) be in the top tier of the quality
rating improvement system for such facilities
used by the State in which the facility is
located;
``(iii) meet the licensing requirements of
the State in which the facility is located and
the quality requirements under the Child Care
and Development Block Grant Act of 1990 (42
U.S.C. 9858 et seq.); or
``(iv) be accredited by a national early
childhood accrediting body with demonstrated
valid and reliable program quality standards;
``(L) contain an assurance that the institution,
when applicable, will make information available to
students receiving child care services provided under
this section about the eligibility of such students and
their dependents for assistance under the supplemental
nutrition assistance program under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the
special supplemental nutrition program for women,
infants, and children under the Child Nutrition Act of
1966 (42 U.S.C. 1786), and the program of block grants
for States for temporary assistance for needy families
established under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.); and
``(M) contain an abstract summarizing the contents
of such application and how the institution intends to
achieve the purpose under subsection (a).
``(2) Technical assistance.--The Secretary may provide
technical assistance to eligible institutions to help such
institutions qualify, apply for, and maintain a grant under
this section.'';
(3) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``to institutions of higher education that
submit applications describing programs that'';
(B) by amending paragraph (1) to read as follows:
``(1) based on the extent to which institutions of higher
education that submit applications for such a grant leverage
local or institutional resources, including in-kind
contributions, to support the activities assisted under this
section;'';
(C) by redesignating paragraph (2) as paragraph
(3);
(D) by inserting after paragraph (1), the
following:
``(2) to institutions of higher education that, compared to
other institutions of higher education that submit applications
for such a grant, demonstrate a high likelihood of need for
campus-based child care based on student demographics (such as
a high proportion of low-income students or independent
students); and''; and
(E) in paragraph (3) (as redesignated by
subparagraph (C)), by inserting ``to institutions of
higher education that submit applications describing
programs that'' before ``utilize''; and
(4) in subsection (e)--
(A) in paragraph (1)(B)--
(i) by redesignating clauses (ii), (iii),
and (iv) as clauses (vi), (vii), and (viii),
respectively; and
(ii) by striking the semicolon at the end
of clause (i) and inserting the following: ``,
which shall include--
``(I) the number of full- and part-
time students, respectively, receiving
child care services under this section
at least once per week during the
academic year;
``(II) the number of credits
accumulated by students receiving such
child care services; and
``(III) the number of students
receiving child care services under
this section at least once per week
during the academic year who--
``(aa) remain enrolled at
the institution during the
academic year for which they
received such services;
``(bb) enroll at the
institution for the following
academic year; and
``(cc) graduate or transfer
within--
``(AA) 150 percent
of the normal time for
completion of a
student's four-year
degree granting
program; or
``(BB) 200 percent
of the normal time for
completion of a
student's two-year
degree-granting
program;
``(ii) with respect to the total student
enrollment at the institution and the total
enrollment of low-income students at the
institution, respectively--
``(I) the rate at which students
who complete an academic year at the
institution re-enroll in the
institution for the following academic
year; and
``(II) the percentage of students
graduating or transferring within--
``(aa) 150 percent of the
normal time for completion of a
student's four-year degree
granting program; or
``(bb) 200 percent of the
normal time for completion of a
student's two-year degree
granting program;
``(iii) the percentage of the institution's
grant that was used directly to subsidize the
fee charged for on-campus and off-campus
childcare, respectively, for low-income
students;
``(iv) whether the institution restricts
eligibility for child care services to only
full-time students;
``(v) the sufficiently ambitious levels of
performance established for such year by the
institution that demonstrate meaningful
progress and allow for meaningful evaluation of
program quality based on the information in
clauses (i)(III) and (iii);'';
(B) by redesignating paragraph (2) as paragraph
(3);
(C) by inserting after paragraph (1) the following:
``(2) Report.--
``(A) Report required.--On an annual basis, the
Secretary shall submit to the authorizing committees a
report that includes--
``(i) a summary of the information
described in paragraph (1); and
``(ii) each abstract submitted under
subsection (c)(1)(M) by an institution of
higher education that receives a grant under
this section.
``(B) Public availability.--The Secretary shall
make each report submitted under subparagraph (A)
publicly available.'';
(D) in paragraph (3), as so redesignated, by
inserting ``(other than the information provided under
subparagraph (B)(v) of such paragraph)'' after
``paragraph (1)''; and
(E) by adding at the end the following:
``(4) Technical assistance.--The Secretary shall provide
technical assistance to institutions of higher education
receiving grants under this section to help such institutions
meet the reporting requirements under this subsection.'';
(5) by redesignating subsection (g) as subsection (h);
(6) by inserting after subsection (f) the following:
``(g) Nondiscrimination.--No person in the United States shall, on
the basis of actual or perceived race, color, religion, national
origin, sex (including sexual orientation, gender identity, pregnancy,
childbirth, a medical condition related to pregnancy or childbirth, and
sex stereotype), or disability, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination by any
program funded, in whole or in part, with funds made available under
this section or with amounts appropriated for grants, contracts, or
certificates administered with such funds.''; and
(7) in subsection (h), as so redesignated, by striking
``such sums as may be necessary for fiscal year 2009'' and
inserting ``$200,000,000 for fiscal year 2022''.
SEC. 6. EVALUATION OF APPLICATIONS FOR ASSISTANCE UNDER CHOICE
NEIGHBORHOODS INITIATIVE.
In providing assistance for fiscal year 2021 and any fiscal year
thereafter under the Choice Neighborhoods Initiative of the Secretary
of Housing and Urban Development (pursuant to section 24 of the United
States Housing Act of 1937 (42 U.S.C. 1437v)), the Secretary shall
consider early care and learning facilities for children as a
neighborhood asset for purposes of evaluating applications for planning
and implementation grants, shall ensure that any metric for evaluating
such applications gives credit for the provision of early care and
learning facilities under a neighborhood plan, and shall include early
care and learning facilities as such an asset in any Notice of Funding
Availability for any such fiscal year.
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