Child Care is Infrastructure Act

I 116TH CONGRESS 2D SESSION H. R. 7201 To provide assistance with respect to child care infrastructure, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 15, 2020 Ms. CLARK of Massachusetts introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Com- mittees on Energy and Commerce, Ways and Means, and Financial Serv- ices, 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 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 21:02 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7201.IH H7201 khammond on DSKJM1Z7X2PROD with BILLS 2 •HR 7201 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 21:02 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7201.IH H7201 khammond on DSKJM1Z7X2PROD with BILLS 3 •HR 7201 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 $17 billion to bring existing early care and 21 learning facilities up to best-practice 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 21:02 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7201.IH H7201 khammond on DSKJM1Z7X2PROD with BILLS 4 •HR 7201 IH without a nationwide assessment of the current con- 1 dition of existing early care and learning facilities. 2 SEC. 2. INFRASTRUCTURE GRANTS TO IMPROVE CHILD 3 CARE SAFETY. 4 (a) IN GENERAL.—Part A of title IV of the Social 5 Security Act (42 U.S.C. 601 et seq.) is amended by insert- 6 ing after section 418 the following: 7 ‘‘SEC. 418A. INFRASTRUCTURE GRANTS TO IMPROVE CHILD 8 CARE SAFETY. 9 ‘‘(a) SHORT TITLE.—This section may be cited as the 10 ‘Infrastructure Grants to Improve Child Care Safety Act’. 11 ‘‘(b) NEEDS ASSESSMENTS.— 12 ‘‘(1) IMMEDIATE NEEDS ASSESSMENT.— 13 ‘‘(A) IN GENERAL.—The Secretary shall 14 conduct an immediate needs assessment of the 15 condition of child care facilities throughout the 16 United States (with priority given to child care 17 facilities that receive Federal funds), that— 18 ‘‘(i) determines the extent to which 19 the COVID–19 pandemic has created im- 20 mediate infrastructure needs, including in- 21 frastructure-related health and safety 22 needs, which must be addressed for child 23 care facilities to operate in compliance with 24 public health guidelines; 25 VerDate Sep 11 2014 21:02 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7201.IH H7201 khammond on DSKJM1Z7X2PROD with BILLS 5 •HR 7201 IH ‘‘(ii) considers the effects of the pan- 1 demic on a variety of child care centers, in- 2 cluding home-based centers; and 3 ‘‘(iii) considers how the pandemic has 4 impacted specific metrics, such as— 5 ‘‘(I) capacity; 6 ‘‘(II) investments in infrastruc- 7 ture changes; 8 ‘‘(III) the types of infrastructure 9 changes centers need to implement 10 and their associated costs; 11 ‘‘(IV) the price of tuition; and 12 ‘‘(V) any changes or anticipated 13 changes in the number and demo- 14 graphic of children attending. 15 ‘‘(B) TIMING.—The immediate needs as- 16 sessment should occur simultaneously with the 17 first grant-making cycle under subsection (c). 18 ‘‘(C) REPORT.—Not later than 1 year 19 after the date of the enactment of this section, 20 the Secretary shall submit to the Congress a re- 21 port containing the result of the needs assess- 22 ment conducted under subparagraph (A), and 23 make the assessment publicly available. 24 ‘‘(2) LONG-TERM NEEDS ASSESSMENT.— 25 VerDate Sep 11 2014 21:02 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7201.IH H7201 khammond on DSKJM1Z7X2PROD with BILLS 6 •HR 7201 IH ‘‘(A) IN GENERAL.—The Secretary shall 1 conduct a long-term assessment of the condition 2 of child care facilities throughout the United 3 States (with priority given to child care facili- 4 ties that receive Federal funds). The assess- 5 ment may be conducted through representative 6 random sampling. 7 ‘‘(B) REPORT.—Not later than 4 years 8 after the date of the enactment of this section, 9 the Secretary shall submit to the Congress a re- 10 port containing the results of the needs assess- 11 ment conducted under subparagraph (A), and 12 make the assessment publicly available. 13 ‘‘(c) CHILD CARE FACILITIES GRANTS.— 14 ‘‘(1) GRANTS TO STATES.— 15 ‘‘(A) IN GENERAL.—The Secretary may 16 award grants to States for the purpose of ac- 17 quiring, constructing, renovating, or improving 18 child care facilities, including adapting, re- 19 configuring, or expanding facilities to respond 20 to the COVID–19 pandemic. 21 ‘‘(B) PRIORITIZED FACILITIES.—The Sec- 22 retary may not award a grant to a State under 23 subparagraph (A) unless the State involved 24 VerDate Sep 11 2014 21:02 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7201.IH H7201 khammond on DSKJM1Z7X2PROD with BILLS 7 •HR 7201 IH agrees, with respect to the use of grant funds, 1 to prioritize— 2 ‘‘(i) child care facilities primarily serv- 3 ing low-income populations; 4 ‘‘(ii) child care facilities primarily 5 serving children who have not attained the 6 age of 5 years; 7 ‘‘(iii) child care facilities that closed 8 during the COVID–19 pandemic and are 9 unable to open without making modifica- 10 tions to the facility that would otherwise be 11 required to ensure the health and safety of 12 children and staff; and 13 ‘‘(iv) child care facilities that serve the 14 children of parents classified as essential 15 workers during the COVID–19 pandemic. 16 ‘‘(C) DURATION OF GRANTS.—A grant 17 under this subsection shall be awarded for a pe- 18 riod of not more than 5 years. 19 ‘‘(D) APPLICATION.—To seek a grant 20 under this subsection, a State shall submit to 21 the Secretary an application at such time, in 22 such manner, and containing such information 23 as the Secretary may require, which informa- 24 tion shall— 25 VerDate Sep 11 2014 21:02 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7201.IH H7201 khammond on DSKJM1Z7X2PROD with BILLS 8 •HR 7201 IH ‘‘(i) be disaggregated as the Secretary 1 may require; and 2 ‘‘(ii) include a plan to use a portion of 3 the grant funds to report back to the Sec- 4 retary on the impact of using the grant 5 funds to improve child care facilities. 6 ‘‘(E) PRIORITY.—In selecting States for 7 grants under this subsection, the Secretary 8 shall prioritize States that— 9 ‘‘(i) plan to improve center-based and 10 home-based child care programs, which 11 may include a combination of child care 12 and early Head Start or Head Start pro- 13 grams; 14 ‘‘(ii) aim to meet specific needs across 15 urban, suburban, or rural areas as deter- 16 mined by the State; and 17 ‘‘(iii) show evidence of collaboration 18 with— 19 ‘‘(I) local government officials; 20 ‘‘(II) other State agencies; 21 ‘‘(III) nongovernmental organiza- 22 tions, such as— 23 ‘‘(aa) organizations within 24 the philanthropic community; 25 VerDate Sep 11 2014 21:02 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7201.IH H7201 khammond on DSKJM1Z7X2PROD with BILLS 9 •HR 7201 IH ‘‘(bb) certified community 1 development financial institutions 2 as defined in section 103 of the 3 Community Development Bank- 4 ing and Financial Institutions 5 Act of 1994 (12 U.S.C. 4702) 6 that have been certified by the 7 Community Development Finan- 8 cial Institutions Fund (12 U.S.C. 9 4703); and 10 ‘‘(cc) organizations that 11 have demonstrated experience 12 in— 13 ‘‘(AA) providing tech- 14 nical or financial assistance 15 for the acquisition, construc- 16 tion, renovation, or improve- 17 ment of child care facilities; 18 ‘‘(BB) providing tech- 19 nical, financial, or manage- 20 rial assistance to child care 21 providers; and 22 ‘‘(CC) securing private 23 sources of capital financing 24 for child care facilities or 25 VerDate Sep 11 2014 21:02 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7201.IH H7201 khammond on DSKJM1Z7X2PROD with BILLS 10 •HR 7201 IH other low-income community 1 development projects; and 2 ‘‘(IV) local community organiza- 3 tions, such as— 4 ‘‘(aa) child care providers; 5 ‘‘(bb) community care agen- 6 cies; 7 ‘‘(cc) resource and referral 8 agencies; and 9 ‘‘(dd) unions. 10 ‘‘(F) CONSIDERATION.—In selecting States 11 for grants under this subsection, the Secretary 12 shall consider— 13 ‘‘(i) whether the applicant— 14 ‘‘(I) has or is developing a plan 15 to address child care facility needs; 16 and 17 ‘‘(II) demonstrates the capacity 18 to execute such a plan; and 19 ‘‘(ii) after the date the report required 20 by subsection (b)(1)(C) is submitted to the 21 Congress, the needs of the applicants 22 based on the results of the assessment. 23 ‘‘(G) DIVERSITY OF AWARDS.—In award- 24 ing grants under this section, the Secretary 25 VerDate Sep 11 2014 21:02 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7201.IH H7201 khammond on DSKJM1Z7X2PROD with BILLS 11 •HR 7201 IH shall give equal consideration to States with 1 varying capacities under subparagraph (F). 2 ‘‘(H) MATCHING REQUIREMENT.— 3 ‘‘(i) IN GENERAL.—As a condition for 4 the receipt of a grant under subparagraph 5 (A), a State that is not an Indian tribe 6 shall agree to make available (directly or 7 through donations from public or private 8 entities) contributions with respect to the 9 cost of the activities to be carried out pur- 10 suant to subparagraph (A), which may be 11 provided in cash or in kind, in an amount 12 equal to 10 percent of the funds provided 13 through the grant. 14 ‘‘(ii) DETERMINATION OF AMOUNT 15 CONTRIBUTED.—Contributions required by 16 clause (i) may include— 17 ‘‘(I) amounts provided by the 18 Federal Government, or services as- 19 sisted or subsidized to any significant 20 extent by the Federal Government; or 21 ‘‘(II) philanthropic or private-sec- 22 tor funds. 23 ‘‘(I) REPORT.—Not later than 6 months 24 after the last day of the grant period, a State 25 VerDate Sep 11 2014 21:02 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7201.IH H7201 khammond on DSKJM1Z7X2PROD with BILLS 12 •HR 7201 IH receiving a grant under this paragraph shall 1 submit a report to the Secretary as described in 2 subparagraph (D)— 3 ‘‘(i) to determine the effects of the 4 grant in constructing, renovating, or im- 5 proving child care facilities, including any 6 changes in response to the COVID–19 7 pandemic and any effects on access to and 8 quality of child care; and 9 ‘‘(ii) to provide such other information 10 as the Secretary may require. 11 ‘‘(J) AMOUNT LIMIT.—The annual amount 12 of a grant under this paragraph may not exceed 13 $35,000,000. 14 ‘‘(2) GRANTS TO INTERMEDIARY ORGANIZA- 15 TIONS.— 16 ‘‘(A) IN GENERAL.—The Secretary may 17 award grants to intermediary organizations, 18 such as certified community development finan- 19 cial institutions, tribal organizations, or other 20 organizations with demonstrated experience in 21 child care facilities financing, for the purpose of 22 providing technical assistance, capacity build- 23 ing, and financial products to develop or finance 24 child care facilities. 25 VerDate Sep 11 2014 21:02 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H7201.IH H7201 khammond on DSKJM1Z7X2PROD with BILLS 13 •HR 7201 IH ‘‘(B) APPLICATION.—A grant under this 1 paragraph may be made only to intermediary 2 organizations that submit to the Secretary an 3 application at such time, in such manner, and 4 containing such information as the Secretary 5 may require. 6 ‘‘(C) PRIORITY.—In selecting intermediary 7 organizations for grants under this subsection, 8 the Secretary shall prioritize intermediary orga- 9 nizations that— 10 ‘‘(i) demonstrate experience in child 11 care facility financing or related commu- 12 nity facility financing; 13 ‘‘(ii) demonstrate the capacity to as- 14 sist States and local governments in devel- 15 oping child care facilities and programs; 16 ‘‘(iii) demonstrate the ability to lever- 17 age grant funding to support financing 18 tools to build the capacity of child care 19 providers, such as through credit enhance- 20 ments; 21 ‘‘(iv) propose to meet a diversity of 22 needs across States and across urban, sub- 23 [Text truncated for display. 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