Child Care is Infrastructure Act

I 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 con- cerned A BILL To provide assistance with respect to child care infrastructure, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; FINDINGS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Child Care is Infrastructure Act’’. 5 (b) FINDINGS.—Congress makes the following find- 6 ings: 7 VerDate Sep 11 2014 21:51 May 11, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1911.IH H1911 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1911 IH (1) Early care and learning settings directly im- 1 pact the physical, behavioral, and cognitive develop- 2 ment of young children, and these settings should be 3 designed and equipped to keep children safe and 4 help children thrive. 5 (2) An investigation in 10 States conducted by 6 the Office of the Inspector General of the Depart- 7 ment of Health and Human Services found that 96 8 percent of early care and learning facilities inspected 9 during unannounced visits had at least 1 potentially 10 hazardous condition. 11 (3) Approximately 500,000 early care and 12 learning facilities are not regulated under the Safe 13 Drinking Water Act (42 U.S.C. 300f), and only 11 14 States and New York City require licensed early 15 care and learning facilities to test drinking water 16 within such facilities for lead. 17 (4) A Department of Health and Human Serv- 18 ices report from 2015 found that an estimated 2,201 19 Head Start centers needed facility improvements, in- 20 cluding improvements related to rebuilding, ren- 21 ovating, and conducting maintenance on such facili- 22 ties. 23 (5) Only 2 statewide needs assessments have 24 been conducted: 25 VerDate Sep 11 2014 21:51 May 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1911.IH H1911 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1911 IH (A) A 2011 statewide study of Massachu- 1 setts early care and learning facilities found ex- 2 cessive levels of carbon dioxide in early care and 3 learning facilities throughout the State, insuffi- 4 cient ventilation systems, and furnishings con- 5 taining formaldehyde. 6 (B) A 2014 statewide study in Rhode Is- 7 land found that— 8 (i) all centers visited had at least one 9 playground safety hazard; 10 (ii) centers in poor condition tend to 11 serve higher rates of low-income, State- 12 subsidized children; and 13 (iii) nearly 70 percent of early learn- 14 ing centers visited had one or more issues 15 related to the overall building condition, 16 such as water stains, excessive wear, and 17 peeling paint. 18 (6) The National Children’s Facilities Network 19 estimates that the United States would require at 20 least $14 billion to bring existing early care and 21 learning facilities up to professional standards. 22 (7) While data on the condition of facilities is 23 available for 2 States, it is lacking elsewhere. The 24 extent of the problem is impossible to determine 25 VerDate Sep 11 2014 21:51 May 11, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1911.IH H1911 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1911 IH without a nationwide assessment of the current con- 1 dition of existing early care and learning facilities. 2 (8) In 2019, a member of the child care work- 3 force earned a median pay of $24,230 per year, or 4 $11.65 per hour, below the Federal poverty rate for 5 a family of four, which was $26,200 in 2020. 6 (9) Over half of the child care workforce is en- 7 rolled in at least one main public benefit program— 8 Medicaid, CHIP, EITC, SNAP, or TANF—com- 9 pared to 21 percent of the United States population. 10 (10) Poor compensation is associated with lower 11 job satisfaction and higher turnover rates. In ab- 12 sence of quality wages and benefits, the early child- 13 hood field will continue to struggle to recruit and re- 14 tain its workforce. 15 (11) Child care workers who have lower edu- 16 cational attainment, work with infants and toddlers, 17 or come from communities of color earn a lower av- 18 erage wage than their counterparts in the profession. 19 (12) Child care workers caring for children 20 from ages 3 to 5 have a slightly higher educational 21 attainment with 45 percent earning a bachelor’s de- 22 gree compared to just 19 percent of those teaching 23 younger children. One-third or 34 percent of home- 24 based providers have no higher education and an ad- 25 VerDate Sep 11 2014 21:51 May 11, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1911.IH H1911 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1911 IH ditional one-third have some college-level education 1 but did not complete a higher education degree. 2 (13) Systemic barriers hamper access to higher 3 education and training for people of color, con- 4 tinuing to affect wages and upward mobility within 5 any given career field including child care. Efforts to 6 address barriers to higher education in the early 7 childhood workforce is critical in increasing diversity 8 across all roles. 9 (14) In the early childhood workforce, 94 per- 10 cent of workers are women with more than one in 11 five being foreign-born, 15 percent being Black, 21 12 percent being Hispanic. In total, 40 percent of child 13 care workers are people of color. 14 SEC. 2. INFRASTRUCTURE GRANTS TO IMPROVE CHILD 15 CARE SAFETY. 16 (a) IN GENERAL.—Part A of title IV of the Social 17 Security Act (42 U.S.C. 601 et seq.) is amended by insert- 18 ing after section 418 the following: 19 ‘‘SEC. 418A. INFRASTRUCTURE GRANTS TO IMPROVE CHILD 20 CARE SAFETY. 21 ‘‘(a) SHORT TITLE.—This section may be cited as the 22 ‘Infrastructure Grants To Improve Child Care Safety Act’. 23 ‘‘(b) NEEDS ASSESSMENTS.— 24 ‘‘(1) IMMEDIATE NEEDS ASSESSMENT.— 25 VerDate Sep 11 2014 21:51 May 11, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1911.IH H1911 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1911 IH ‘‘(A) IN GENERAL.—The Secretary shall 1 conduct an immediate needs assessment of the 2 condition of child care facilities throughout the 3 United States (with priority given to child care 4 facilities that receive Federal funds), that— 5 ‘‘(i) determines the extent to which 6 the COVID–19 pandemic has created im- 7 mediate infrastructure needs, including in- 8 frastructure-related health and safety 9 needs, which must be addressed for child 10 care facilities to operate in compliance with 11 public health guidelines; 12 ‘‘(ii) considers the effects of the pan- 13 demic on a variety of child care centers, in- 14 cluding home-based centers; and 15 ‘‘(iii) considers how the pandemic has 16 impacted specific metrics, such as— 17 ‘‘(I) capacity; 18 ‘‘(II) investments in infrastruc- 19 ture changes; 20 ‘‘(III) the types of infrastructure 21 changes centers need to implement 22 and their associated costs; 23 ‘‘(IV) the price of tuition; and 24 VerDate Sep 11 2014 21:51 May 11, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1911.IH H1911 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 1911 IH ‘‘(V) any changes or anticipated 1 changes in the number and demo- 2 graphic of children attending. 3 ‘‘(B) TIMING.—The immediate needs as- 4 sessment should occur simultaneously with the 5 first grant-making cycle under subsection (c). 6 ‘‘(C) REPORT.—Not later than 1 year 7 after the date of the enactment of this section, 8 the Secretary shall submit to the Congress a re- 9 port containing the result of the needs assess- 10 ment conducted under subparagraph (A), and 11 make the assessment publicly available. 12 ‘‘(2) LONG-TERM NEEDS ASSESSMENT.— 13 ‘‘(A) IN GENERAL.—The Secretary shall 14 conduct a long-term assessment of the condition 15 of child care facilities throughout the United 16 States (with priority given to child care facili- 17 ties that receive Federal funds). The assess- 18 ment may be conducted through representative 19 random sampling. 20 ‘‘(B) REPORT.—Not later than 4 years 21 after the date of the enactment of this section, 22 the Secretary shall submit to the Congress a re- 23 port containing the results of the needs assess- 24 VerDate Sep 11 2014 21:51 May 11, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1911.IH H1911 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 1911 IH ment conducted under subparagraph (A), and 1 make the assessment publicly available. 2 ‘‘(c) CHILD CARE FACILITIES GRANTS.— 3 ‘‘(1) GRANTS TO STATES.— 4 ‘‘(A) IN GENERAL.—The Secretary may 5 award grants to States for the purpose of ac- 6 quiring, constructing, renovating, or improving 7 child care facilities, including adapting, re- 8 configuring, or expanding facilities to respond 9 to the COVID–19 pandemic. 10 ‘‘(B) PRIORITIZED FACILITIES.—The Sec- 11 retary may not award a grant to a State under 12 subparagraph (A) unless the State involved 13 agrees, with respect to the use of grant funds, 14 to prioritize— 15 ‘‘(i) child care facilities primarily serv- 16 ing low-income populations; 17 ‘‘(ii) child care facilities primarily 18 serving children who have not attained the 19 age of 5 years; 20 ‘‘(iii) child care facilities that made 21 maximum health and safety modifications 22 to account for the impact of the COVID– 23 19 pandemic; 24 VerDate Sep 11 2014 21:51 May 11, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1911.IH H1911 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 1911 IH ‘‘(iv) child care facilities that operate 1 under nontraditional hours; and 2 ‘‘(v) child care facilities located in 3 rural or underserved communities. 4 ‘‘(C) DURATION OF GRANTS.—A grant 5 under this subsection shall be awarded for a pe- 6 riod of not more than 5 years. 7 ‘‘(D) APPLICATION.—To seek a grant 8 under this subsection, a State shall submit to 9 the Secretary an application at such time, in 10 such manner, and containing such information 11 as the Secretary may require, which informa- 12 tion shall— 13 ‘‘(i) be disaggregated as the Secretary 14 may require; and 15 ‘‘(ii) include a plan to use a portion of 16 the grant funds to report back to the Sec- 17 retary on the impact of using the grant 18 funds to improve child care facilities. 19 ‘‘(E) PRIORITY.—In selecting States for 20 grants under this subsection, the Secretary 21 shall prioritize States that— 22 ‘‘(i) plan to improve center-based and 23 home-based child care programs, which 24 may include a combination of child care 25 VerDate Sep 11 2014 21:51 May 11, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1911.IH H1911 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 1911 IH and early Head Start or Head Start pro- 1 grams; 2 ‘‘(ii) aim to meet specific needs across 3 urban, suburban, or rural areas as deter- 4 mined by the State; and 5 ‘‘(iii) show evidence of collaboration 6 with— 7 ‘‘(I) local government officials; 8 ‘‘(II) other State agencies; 9 ‘‘(III) nongovernmental organiza- 10 tions, such as— 11 ‘‘(aa) organizations within 12 the philanthropic community; 13 ‘‘(bb) certified community 14 development financial institutions 15 as defined in section 103 of the 16 Community Development Bank- 17 ing and Financial Institutions 18 Act of 1994 (12 U.S.C. 4702) 19 that have been certified by the 20 Community Development Finan- 21 cial Institutions Fund (12 U.S.C. 22 4703); and 23 VerDate Sep 11 2014 21:51 May 11, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1911.IH H1911 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 1911 IH ‘‘(cc) organizations that 1 have demonstrated experience 2 in— 3 ‘‘(AA) providing tech- 4 nical or financial assistance 5 for the acquisition, construc- 6 tion, renovation, or improve- 7 ment of child care facilities; 8 ‘‘(BB) providing tech- 9 nical, financial, or manage- 10 rial assistance to child care 11 providers; and 12 ‘‘(CC) securing private 13 sources of capital financing 14 for child care facilities or 15 other low-income community 16 development projects; and 17 ‘‘(IV) local community organiza- 18 tions, such as— 19 ‘‘(aa) child care providers; 20 ‘‘(bb) community care agen- 21 cies; 22 ‘‘(cc) resource and referral 23 agencies; and 24 ‘‘(dd) unions. 25 VerDate Sep 11 2014 21:51 May 11, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1911.IH H1911 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 1911 IH ‘‘(F) CONSIDERATION.—In selecting States 1 for grants under this subsection, the Secretary 2 shall consider— 3 ‘‘(i) whether the applicant— 4 ‘‘(I) has or is developing a plan 5 to address child care facility needs; 6 and 7 ‘‘(II) demonstrates the capacity 8 to execute such a plan; and 9 ‘‘(ii) after the date the report required 10 by subsection (b)(1)(C) is submitted to the 11 Congress, the needs of the applicants 12 based on the results of the assessment. 13 ‘‘(G) DIVERSITY OF AWARDS.—In award- 14 ing grants under this section, the Secretary 15 shall give equal consideration to States with 16 varying capacities under subparagraph (F). 17 ‘‘(H) MATCHING REQUIREMENT.— 18 ‘‘(i) IN GENERAL.—As a condition for 19 the receipt of a grant under subparagraph 20 (A), a State that is not an Indian tribe 21 shall agree to make available (directly or 22 through donations from public or private 23 entities) contributions with respect to the 24 cost of the activities to be carried out pur- 25 VerDate Sep 11 2014 21:51 May 11, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1911.IH H1911 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 1911 IH suant to subparagraph (A), which may be 1 provided in cash or in kind, in an amount 2 equal to 10 percent of the funds provided 3 through the grant. 4 ‘‘(ii) DETERMINATION OF AMOUNT 5 CONTRIBUTED.—Contributions required by 6 clause (i) may include— 7 ‘‘(I) amounts provided by the 8 Federal Government, or services as- 9 sisted or subsidized to any significant 10 extent by the Federal Government; or 11 ‘‘(II) philanthropic or private-sec- 12 tor funds. 13 ‘‘(I) REPORT.—Not later than 6 months 14 after the last day of the grant period, a State 15 receiving a grant under this paragraph shall 16 submit a report to the Secretary as described in 17 subparagraph (D)— 18 [Text truncated for display. Full text available on Congress.gov.]