[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 1285 Introduced in Senate (IS)] <DOC> 119th CONGRESS 1st Session S. 1285 To amend part A of title IV of the Social Security Act to provide funding to sustain and increase the supply and quality of child care, access to child care, and the child care workforce, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES April 3, 2025 Mr. Wyden (for himself, Ms. Warren, Mr. Sanders, Ms. Smith, Mr. Welch, Mr. Durbin, Mr. Kim, Mr. Booker, Mr. Padilla, Mr. Markey, and Mrs. Shaheen) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend part A of title IV of the Social Security Act to provide funding to sustain and increase the supply and quality of child care, access to child care, and the child care workforce, 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. This Act may be cited as the ``Building Child Care for a Better Future Act''. SEC. 2. INCREASED FUNDING FOR THE CHILD CARE ENTITLEMENT TO STATES. (a) In General.--Section 418(a)(3) of the Social Security Act (42 U.S.C. 618(a)(3)) is amended to read as follows: ``(3) Appropriation.-- ``(A) In general.--For grants under this section, there are appropriated-- ``(i) for fiscal year 2026, $20,000,000,000; and ``(ii) for each fiscal year after fiscal year 2026, the greater of-- ``(I) the amount appropriated under this subparagraph for the previous fiscal year, increased by the percentage increase (if any) in the consumer price index for all urban consumers (all items; United States city average) for the most recent 12- month period for which data is available; and ``(II) the amount appropriated under this subparagraph for the previous fiscal year. ``(B) Amounts reserved.--Of the amount appropriated under subparagraph (A) for a fiscal year-- ``(i) an amount equal to 5 percent of such amount shall be available for grants to Indian tribes and tribal organizations; ``(ii) an amount equal to 4 percent of such amount shall be available for grants to territories; ``(iii) an amount, not to exceed \1/2\ of 1 percent of such amount, shall be reserved by the Secretary to support technical assistance and dissemination activities under paragraphs (3) and (4) of section 658I(a) of the Child Care and Development Block Grant Act of 1990; and ``(iv) an amount equal to \1/2\ of 1 percent of such amount appropriated may be reserved by the Secretary to conduct research and demonstration activities, as well as periodic external, independent evaluations of the impact of the Child Care and Development Block Grant program established under subchapter C of chapter 8 of title VI of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35), as carried out under this subsection and under such subchapter, on increasing access to child care services and improving the safety and quality of child care services, using scientifically valid research methodologies, and to disseminate the key findings of those evaluations widely and on a timely basis.''. (b) Redistribution of Funds Reserved for Tribal Grants.--Section 418(a) of such Act (42 U.S.C. 618(a)) is amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4), the following: ``(5) Redistribution of unused tribal grants.-- ``(A) In general.--The Secretary shall determine an appropriate procedure for redistributing the amounts described in subparagraph (B) for each fiscal year to each Indian tribe and tribal organization that applies for such amounts, to the extent the Secretary determines that the Indian tribe or tribal organization will be able to use such additional amounts to provide child care assistance. ``(B) Amounts described.--The amounts described in this subparagraph are, with respect to a fiscal year, the unused amounts of any payment made to an Indian tribe or tribal organization under this subsection for the fiscal year which the Secretary determines will not be used by the Indian tribe or tribal organization during the period in which such payments are available to be obligated.''. (c) Removal of Restriction on Application of Updated FMAP.--Section 418(a)(2)(C) of such Act (42 U.S.C. 618(a)(2)(C)) is amended by striking ``, as such section was in effect on September 30, 1995''. (d) Technical and Conforming Amendments.--Section 418 of such Act (42 U.S.C. 618(a)) is amended-- (1) in subsection (a)-- (A) in paragraph (1), in the matter preceding subparagraph (A), by striking ``paragraph (3)'' and inserting ``paragraph (3)(A) and remaining after the application of paragraph (3)(B)''; (B) in paragraph (2)(A), by striking ``paragraph (3)(A),'' and inserting ``paragraph (3)(A) and remaining after the application of paragraph (3)(B) and''; (C) in paragraph (4)-- (i) in subparagraph (A), by striking ``paragraph (3)(C)'' and inserting ``paragraph (3)(B)(ii)''; and (ii) by striking subparagraph (E); and (D) in paragraph (6), (as redesignated by subsection (b)(1)), by inserting ``(as in effect on June 29, 2003)'' after ``section 403(a)(1)(D)''; (2) in subsection (b)(1), by striking ``by a State under this section'' and inserting ``by a State, a territory, or an Indian tribe or tribal organization under subsection (a)''; (3) by striking subsection (c) and inserting the following: ``(c) Application of Child Care and Development Block Grant Act of 1990.--Notwithstanding any other provision of law, amounts provided to a State, a territory, or a Indian tribe or tribal organization under subsection (a) shall be transferred to the lead agency under the Child Care and Development Block Grant Act of 1990, integrated by the State, territory, or Indian tribe or tribal organization into the programs established by the State, territory, Indian tribe or tribal organization under such Act, and be subject to requirements and limitations of such Act.''; and (4) by striking subsection (d) and inserting the following: ``(d) Definitions.--In this section: ``(1) Indian tribe.--The term `Indian tribe' means entities included on the list published pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)). ``(2) State.--The term `State' means each of the 50 States and the District of Columbia. ``(3) Territory.--The term `territory' means the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(4) Tribal organization.--The term `tribal organization' means-- ``(A) the recognized governing body of any Indian tribe, and any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities, except that in any case where a contract is let or grant made to an organization to perform services benefitting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant; and ``(B) includes a Native Hawaiian organization, as defined in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517) and a private nonprofit organization established for the purpose of serving youth who are Indians or Native Hawaiians.''. (e) Effective Date.--The amendments made by this section take effect on October 1, 2025. SEC. 3. GRANTS TO IMPROVE CHILD CARE WORKFORCE, SUPPLY, QUALITY, AND ACCESS IN AREAS OF PARTICULAR NEED. (a) In General.--Section 418 of the Social Security Act (42 U.S.C. 618), as amended by section 2, is further amended by adding at the end the following: ``(e) Grants To Improve Child Care Workforce, Supply, Quality, and Access in Areas of Particular Need.-- ``(1) In general.--Except as otherwise provided in this subsection, the preceding provisions of this section shall not apply to this subsection. ``(2) Appropriations.-- ``(A) In general.--For grants under this subsection to improve child care workforce, supply, quality, and access in areas of particular need, there are appropriated $5,000,000,000 for each fiscal year. ``(B) Amounts reserved.--Of the amount appropriated under subparagraph (A) for a fiscal year, the Secretary shall reserve-- ``(i) an amount equal to 5 percent of such amount for grants to Indian tribes and tribal organizations; ``(ii) an amount equal to 4 percent of such amount for grants to territories; ``(iii) an amount, not to exceed \1/2\ of 1 percent of such amount, to support technical assistance and dissemination activities related to improving child care workforce, supply, quality, and access, including in areas of particular need, under paragraphs (3) and (4), respectively, of section 658I(a) of the Child Care and Development Block Grant Act of 1990; ``(iv) an amount equal to \1/2\ of 1 percent of such amount to carry out the evaluation required under paragraph (8); and ``(v) an amount, not to exceed 3 percent of such amount, for administrative expenses of the Secretary in administering this subsection. ``(3) Grants.-- ``(A) Indian tribes and tribal organizations.--The Secretary shall use the amount reserved under paragraph (2)(B)(i) for a fiscal year to make grants under this subsection for the fiscal year to Indian tribes and tribal organizations in amounts that shall be allotted among Indian tribes and tribal organizations in proportion to their respective needs. ``(B) Territories.--The Secretary shall use the amount reserved under paragraph (2)(B)(ii) for a fiscal year to make grants under this subsection for the fiscal year to each territory in amounts that shall be allotted among the territories in proportion to their respective needs. ``(C) States.--The Secretary shall use the amount appropriated under subparagraph (A) of paragraph (2) for a fiscal year that remains after the application of subparagraph (B) of that paragraph, to make grants for the fiscal year under this subsection to each State in amounts that bear the same proportion to the amount so remaining as the sum of the amount granted under paragraph (1) of subsection (a) and the amount allotted and paid under paragraph (2) of subsection (a) to each such State for the fiscal year (without regard to amounts redistributed under subparagraph (D) of subsection (a)(2) for the fiscal year) bears to the total amounts granted and allotted to all of the States under paragraphs (1) and (2) of that subsection for such fiscal year. ``(4) Incorporation into ccdbg plan.-- ``(A) Contents.--In order to be paid a grant under this subsection for a fiscal year, the lead agency of a State, territory, Indian tribe, or tribal organization shall submit to the Secretary, as part of the initial submission of the Child Care and Development Block Grant plan for the period that includes such fiscal year, or as an amendment to that plan, a description of the planned use of grant funds that-- ``(i) describes the demographic and economic data and other criteria the lead agency proposes to use to determine whether an area is in particular need of child care; ``(ii) describes how community members were engaged to identify community-specific needs such as diverse types of care delivery, care for infant and toddlers, multilingual care, and nontraditional operational hours; ``(iii) identifies specific areas determined to be in particular need of child care, where such areas are located, the size and scope of such areas, and the age groups of children in need of child care in such areas; ``(iv) outlines how the lead agency proposes to use the grant funds to increase child care workforce, supply, quality, and access for all families, including families who are eligible for subsidies under the Child Care and Development Block Grant Act of 1990, in the areas determined to be in particular need of child care through activities such as-- ``(I) contracting and providing grants to child care providers to pay for specified numbers of child care slots (including slots in family child care homes) and to build supply and stability by including expectations for compensation in the contracts and grants; ``(II) establishing or expanding the operation of community or neighborhood-based family child care networks by providing grants and contracts for training and other activities that increase the supply and quality of family child care; ``(III) furnishing child care providers with start-up funding, technical assistance, support for improving business practices, and support navigating real estate financing and development processes, including leveraging additional facilities financing resources; ``(IV) providing guidance to child care providers on negotiating with landlords or applying for land or home ownership; ``(V) providing technical assistance to child care providers throughout the child care licensing process; ``(VI) recruiting child care providers and staff; ``(VII) supporting the training and professional development of the child care workforce including through apprenticeships, partnerships with labor unions or labor-management partnerships, and partnerships with public and nonprofit institutions of higher education to provide comprehensive scholarships that support equitable access to, and completion of, credentials and degrees in early childhood education; ``(VIII) attracting and maintaining