[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3878 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 3878
To amend section 2202 of the American Rescue Plan Act of 2021 to
authorize States to expand the uses of the child care stabilization
funds to include support for grants to increase access to child care
through the establishment and expansion of child care programs by
businesses.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 14, 2021
Mrs. Steel (for herself and Mr. Schweikert) introduced the following
bill; which was referred to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To amend section 2202 of the American Rescue Plan Act of 2021 to
authorize States to expand the uses of the child care stabilization
funds to include support for grants to increase access to child care
through the establishment and expansion of child care programs by
businesses.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; PURPOSE.
(a) Short Title.--This Act may be cited as the ``Expanding
Employer-Sponsored Child Care Grants Act of 2021''.
(b) Purpose.--The purpose of this Act is to support the recovery
and stability of the United States economy by providing grants to
businesses to aid in opening child care programs, establishing
partnerships with existing providers, or expanding existing child care
services to meet the demand for child care for working parents.
SEC. 2. AMENDMENTS.
Section 2202 of the American Rescue Plan Act of 2021 (Public Law
117-2; March 11, 2021) is amended--
(1) in subsection (e)(1), by striking ``such a subgrant''
and inserting ``a subgrant under subsection (d)'';
(2) by redesignating subsection (f) as subsection (h); and
(3) by inserting after subsection (e) the following:
``(f) Subgrants for Businesses to Provide Child Care Services.--
``(1) In general.--Notwithstanding paragraphs (1) and
(2)(A) of subsection (d), and with the authorization of the
State under paragraph (5), the lead agency may use any
unobligated grant funds awarded pursuant to subsection (c)
(including any such funds otherwise reserved under subsection
(d)(1)) to make subgrants to eligible businesses to assist in
paying for the establishment and operation or expansion of
child care services for a transition period of not more than 9
months, so that working parents have a safe place for their
children to receive child care. Any fund used for subgrants
under this subsection shall be obligated before October 1,
2024, and expended before October 1, 2025. Subgrants made under
this subsection shall be known as `Expanding Employer-Sponsored
Child Care subgrants'.
``(2) Definitions.--In this subsection:
``(A) Eligible business.--The term `eligible
business' means a business that seeks to provide or
expand child care services for the children of such
business' employees or to partner with an eligible
child care provider for such services.
``(B) Eligible child care provider.--
Notwithstanding subsection (a)(2), the term `eligible
child care provider' means--
``(i) an eligible child care provider, as
defined in section 658P(6)(A) of the Child Care
and Development Block Grant Act of 1990 (42
U.S.C. 9858n(6)(A));
``(ii) a child care provider that--
``(I) is license-exempt and
operating legally in the State;
``(II) is not providing child care
services to relatives; and
``(III) satisfies State and local
requirements, including those
referenced in section 658E(c)(2)(I) of
the Child Care and Development Block
Grant Act of 1990 ((42 U.S.C.
9858c)(c)(2)(I)); or
``(iii) a new child care provider that, on
or before the date such provider begins to
provide child care services, will--
``(I) be licensed, regulated, or
registered in the State, territory, or
Indian Tribe; and
``(II) meet applicable State and
local health and safety requirements.
``(3) Requirements of lead agency.--In carrying out this
subsection, a lead agency shall--
``(A) require as a condition of receiving a
subgrant under this subsection that each eligible
business applying for such a subgrant--
``(i)(I) will use subgrant funds for the
sole purpose of establishing or expanding a
child care program and providing child care
services for the children of such business'
employees; or
``(II) will operate in partnership with an
eligible child care provider to provide child
care services for the children of such
business' employees;
``(ii) agree to follow all applicable
State, local, and Tribal health and safety
requirements and, if applicable, enhanced
protocols for child care services related to
COVID-19 or another health or safety condition;
``(iii) agree to comply with any reporting
requirements the lead agency determines are
necessary for the agency to comply with
paragraph (6); and
``(iv) certify in good faith that the child
care program of the business will remain open
for not less than 1 year after receiving such a
subgrant unless such program is closed due to
extraordinary circumstances, including a state
of emergency declared by the Governor or a
major disaster or emergency declared by the
President under section 401 or 501,
respectively, of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170, 5191);
``(B) ensure eligible businesses in urban,
suburban, and rural areas can readily apply for and
access funding under this section, which shall include
the provision of technical assistance either directly
or through resource and referral agencies;
``(C) give priority for subgrant awards according
to geographically based child care service needs across
the State or Tribal community, with special
consideration given to rural areas; and
``(D) make available to the public, which shall
include, at a minimum, posting to an internet website
of the lead agency--
``(i) notice of funding availability
through subgrants for eligible businesses under
this section; and
``(ii) the criteria for awarding subgrants
for eligible businesses.
``(4) Subgrants to businesses.--
``(A) Use of funds.--An eligible business that
receives funds through a subgrant authorized under this
subsection shall use such funds to carry out activities
related to establishing a child care program, expanding
a child care program, or contracting with an eligible
child care provider to offer child care services for
the employees of such business.
``(B) Subgrant application.--To be eligible to
receive a subgrant under this paragraph, an eligible
business shall submit an application to the lead agency
in such form and containing such information as the
lead agency may reasonably require, including--
``(i) a plan for offering access or
expanding access to child care services for the
employees of such business that includes--
``(I) information describing how
the eligible business will use the
subgrant funds to cover slots for the
children of their employees;
``(II) if applicable, the amount of
tuition or copayments employees will be
expected to pay;
``(III) child care enrollment and
attendance projections or, if
applicable, how funds used for
expansion will increase the enrollment
and attendance projections; and
``(IV) a demonstration of how the
eligible business will sustain its
operations after the cessation of
funding under this section;
``(ii) assurances that the eligible
business will--
``(I) report to the lead agency
data on current average enrollment and
attendance;
``(II) provide any documentation to
the lead agency that the agency
determines is necessary to comply with
paragraph (6), including providing
documentation of expenditures of
subgrant funds; and
``(III) implement all applicable
State, local, and Tribal health and
safety requirements and, if applicable,
enhanced protocols for child care
services and related to COVID-19 or
another health or safety condition; and
``(iii) a certification in good faith that
the child care program will remain open for not
less than 1 year after receiving a subgrant
under this subsection unless such program is
closed due to extraordinary circumstances
described in paragraph (3)(A)(iv).
``(C) Repayment of subgrant funds.--An eligible
business that receives a subgrant under this paragraph
shall be required to repay the subgrant funds if the
lead agency determines that the business fails to
provide the assurances described in subparagraph
(B)(ii), or to comply with such an assurance.
``(5) Amended plan and report.--If a State elects to
authorize the lead agency to provide subgrants to eligible
businesses under this subsection, the State shall amend the
State plan submitted under section 658E of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858c) to
specify--
``(A) how the lead agency plans to award subgrants
to eligible businesses;
``(B) how the lead agency will consider priorities
for subgrants related to geographically based child
care service needs across the State or Tribal community
and in rural areas; and
``(C) any goals regarding increase in access to
child care, such as--
``(i) the number or type of eligible
businesses that will receive a subgrant under
this subsection; or
``(ii) the increase in the number of
children served State-wide.
``(6) Reporting requirements.--
``(A) Lead agency report.--A lead agency that makes
subgrants under this subsection shall, not later than
January 1, 2026, submit a report on such subgrants to
the Secretary that includes, for the State or Tribal
community involved--
``(i) a description of how the lead agency
determined--
``(I) the criteria for awarding
subgrants for eligible businesses,
including the methodology the lead
agency used to determine and disburse
funds to such businesses; and
``(II) the types of eligible
businesses that received priority for
the subgrants, including considerations
related to geographically based child
care service needs across the State or
Tribal community and in rural areas;
``(ii) the number of eligible businesses
that received a subgrant under this subsection,
disaggregated by age of children served,
geography, region, the average and range of the
amounts of the subgrants awarded, and whether
such businesses were operating their own child
care program or partnering with an eligible
child care provider; and
``(iii) information concerning how eligible
businesses receiving subgrants under this
subsection used the subgrant funding received.
``(B) Report to congress.--Not later than 90 days
after receiving the lead agency reports required under
subparagraph (A), the Secretary shall make publicly
available and provide to the Committee on Finance and
the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Education and Labor
and the Committee on Ways and Means of the House of
Representatives a report summarizing the findings of
the lead agency reports.''.
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