Sec. 132002. Infrastructure grants to improve child care safety
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Part A of title IV of the Social Security Act ( 42 U.S.C. 601–619 ) is further amended by inserting after section 418A the following: The Secretary shall award grants to States for the purpose of helping child care providers acquire, construct, renovate, or improve child care facilities, including adapting, reconfiguring, or expanding facilities. The Secretary shall award grants under this paragraph within 12 months after the date of the enactment of this section, for a period of not more than 5 years.
A State to which a grant is made under this paragraph shall not obligate or expend the grant funds unless the State has submitted to the Secretary, and the Secretary has approved, a plan that— includes an analysis or assessment, in such form and manner as the Secretary may require, of the need of the State for child care infrastructure; is submitted at such time, in such manner, and containing such other information as the Secretary may require, which information shall— be disaggregated as the Secretary may require; and include a plan to use a portion of the grant funds to report to the Secretary on the effects of using the grant funds to improve child care facilities, including center-based and home-based child care facilities; and complies with paragraph (3), if applicable.
In allocating grants awards under this paragraph, the Secretary shall require approved plans to include elements that— provide for improving center-based and home-based child care programs to meet or surpass State health and safety standards, or include a project designed so that a facility is expected to meet or surpass State health and safety standards on completion of the project; aim to meet specific needs across urban, suburban, or rural areas as determined by the State; show evidence of collaboration with— local government officials; other State agencies; nongovernmental organizations, such as— 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 organizations that have demonstrated experience in— providing technical or financial assistance for the acquisition, construction, renovation, or improvement of child care facilities; providing technical, financial, or managerial assistance to child care providers; and securing private sources of capital financing for child care facilities or other community development projects eligible for assistance from a child care assistance program; and local community organizations, such as— child care providers; community care agencies; resource and referral agencies; and labor unions and other employers of infrastructure trades that pay the prevailing wage; and provide for improving the facilities of child care providers who qualify for the HHS Participating Child Care Provider Certification for at least 1 fiscal quarter before the date of application for the grant.
As a condition of the receipt of a grant under this paragraph, a State shall agree to make available, directly or through donations from public or private entities, contributions with respect to the costs to be covered by the grant, which may be provided in cash or in kind, in an amount equal to 10 percent of the funds provided through the grant. Such a matching contribution may include philanthropic or private-sector funds. The annual amount of a grant under this paragraph may not exceed $250,000,000.
The Secretary may not, as a condition of making a grant under this paragraph or section 418D, retain an interest in any property, including any project involving a privately-owned family child care home or tribal land. Not later than 6 months after the last day of the grant period, a State to which a grant is made under this paragraph shall submit to the Secretary the report referred to in subparagraph (C)(ii)(II)— to determine the effects of the grant in constructing, renovating, or improving child care facilities, including any changes in response to public health guidelines or efforts associated with natural disaster emergency preparedness and response and any effects on access to child care; and to provide such other information as the Secretary may require. 2 years A State to which a grant is made under this paragraph shall remit the grant to the Secretary if the Secretary has not provided the approval required by subparagraph
(C)within 2 years after the date the grant is made. The Secretary may award grants to intermediary organizations, such as certified community development financial institutions 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. A grant under this paragraph may be made only to an intermediary organization that submits to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, that complies with paragraph
(3)if applicable. In selecting intermediary organizations for grants under this paragraph, the Secretary shall conduct consultations with organizations that— demonstrate experience in child care facility financing or related community facility financing; demonstrate the capacity to assist States and local governments in developing child care facilities and programs; demonstrate the ability to leverage grant funding to support financing tools to build the capacity of child care providers, such as through credit enhancements; propose to focus on child care facilities that operate under nontraditional hours; propose to meet a diversity of needs 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 buildings in which the care center is the sole occupant or in mixed-use properties; and propose to focus on child care facilities primarily serving low-income populations and children who have not attained 13 years of age. The amount of a grant under this paragraph may not exceed $15,000,000. As a condition of receiving funds under this paragraph, the recipient shall submit annual reports to the lead agency of the jurisdiction in which the recipient is located documenting how the recipient has expended the funds and updating the planned future expenditures described in the application submitted by the recipient for the funds. In the case of an application for a grant under this subsection for a project to construct, renovate, or improve a child care facility, including a project to adapt, reconfigure, or expand such a facility, the application shall include a written assurance that all laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair, as part of the 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 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.). A recipient of funds under this subsection may use the funds only to acquire, construct, renovate, or otherwise physically improve the infrastructure of a building primarily used for the provision of child care services by a child care provider, subject to clause (ii). A recipient of funds under this subsection may not use the funds for modernization, renovation, or repair of facilities— that are primarily used for sectarian instruction or religious worship; or in which a substantial portion of the functions of the facilities are subsumed in a religious mission. A lead agency that is a recipient of funds under this subsection may use not more than 5 percent of the funds for administrative purposes which may be in addition to evaluation and reporting activities, and shall use the balance of the funds to enter into grants or contracts, on a competitive basis, with entities to carry out projects to acquire, construct, renovate, or complete other physical improvements to buildings in which child care services are provided or will be provided on completion of the project. Out of any funds in the Treasury not otherwise appropriated, there is appropriated $15,000,000,000 for fiscal year 2022 to carry out this section, which shall remain available through fiscal year 2026. The Secretary shall reserve $100,000,000 of the amount made available to carry out this section, for grants to territories. The Secretary may reserve not more than $200,000,000 of the amount made available to carry out this section, for administrative costs. The Secretary shall reserve for each lead agency not more than $100,000 to conduct assessments and develop plans for obligating and expending funds provided under this section, which may be expended by a lead agency immediately on receipt. The Secretary may reserve not more than $200,000 of the amount made available to carry out this section to implement data exchange standards for interoperability. Not more than $2,250,000,000 of the total amount made available to carry out this section may be used to carry out subsection (a)(2). .
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- 42 USC 601–619
- 15 FR 3176
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Sec. 132002
Infrastructure grants to improve child care safety
Cite42 USC 601–619
Fed. Reg.15 FR 3176
Cites 4Cited by 0 across 0 sources