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H.R. 7327, Child Care for Economic Recovery Act (June 25, 2020)

Summary

H.R. 7327, the Child Care for Economic Recovery Act, was introduced in the House of Representatives on June 25, 2020 by Mrs. Lowey and referred to the Committee on Appropriations, and in addition to the Committees on the Budget, and Ways and Means. It makes additional supplemental appropriations for disaster relief requirements for the fiscal year ending September 30, 2020. Division A, the Emergency Child Care Support Appropriations Act, 2020, includes $850,000,000 for the Social Services Block Grant and $10,000,000,000 for the Child Care and Development Fund for infrastructure grants to improve child care safety. Division B, the Worker Access to Child and Family Care Act, makes the child and dependent care tax credit refundable.

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Issuer
Congressional materials
Document type
Bills Bills 116Hr7327Ih Bills 116Hr7327Ih
Case
Bills Bills 116Hr7327Ih Bills 116Hr7327Ih

Cite this document

“H.R. 7327, Child Care for Economic Recovery Act (June 25, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr7327ih-bills-116hr7327ih/, SHA-256 72d0598d6de9cf1bb3f25633e64fa84c620a5f3601520f4e6104a231a9e4345f.

Full text

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                                                                     116TH CONGRESS
                                                                        2D SESSION
                                                                                                           H. R. 7327
                                                                     Making additional supplemental appropriations for disaster relief requirements
                                                                        for the fiscal year ending September 30, 2020, and for other purposes.




                                                                                   IN THE HOUSE OF REPRESENTATIVES
                                                                                                   JUNE 25, 2020
                                                                     Mrs. LOWEY (for herself, Mr. NEAL, Ms. DELAURO, Ms. CLARK of Massachu-
                                                                         setts, Mr. DANNY K. DAVIS of Illinois, and Ms. SÁNCHEZ) introduced the
                                                                         following bill; which was referred to the Committee on Appropriations,
                                                                         and in addition to the Committees on the Budget, and Ways and Means,
                                                                         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
                                                                     Making additional supplemental appropriations for disaster
                                                                        relief requirements for the fiscal year ending September
                                                                        30, 2020, and for other purposes.

                                                                       1              Be it enacted by the Senate and House of Representa-
                                                                       2 tives of the United States of America in Congress assembled,
                                                                       3     SECTION 1. SHORT TITLE.

                                                                       4              This Act may be cited as the ‘‘Child Care for Eco-
                                                                       5 nomic Recovery Act’’.




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                                                                       1     SEC. 2. REFERENCES.

                                                                       2              Except as expressly provided otherwise, any reference
                                                                       3 to ‘‘this Act’’ contained in any division of this Act shall
                                                                       4 be treated as referring only to the provisions of that divi-
                                                                       5 sion.
                                                                       6          DIVISION A—EMERGENCY CHILD CARE
                                                                       7                        SUPPORT APPROPRIATIONS
                                                                       8              The following sums in this Act are appropriated, out
                                                                       9 of any money in the Treasury not otherwise appropriated,
                                                                     10 for the fiscal year ending September 30, 2020, and for
                                                                     11 other purposes, namely:
                                                                     12            TITLE I—DEPARTMENT OF THE TREASURY
                                                                     13                              INTERNAL REVENUE SERVICES
                                                                     14                                        TAXPAYER SERVICES

                                                                     15               For an additional amount for ‘‘Taxpayer Services’’,
                                                                     16 $5,000,000, to remain available until expended, for mak-
                                                                     17 ing grants under the Community Volunteer Income Tax
                                                                     18 Assistance Matching Grants Program established under
                                                                     19 section 7526A of the Internal Revenue Code of 1986: Pro-
                                                                     20 vided, That the matching funds requirement in section
                                                                     21 7526A(b)(2) shall not apply to funds made available under
                                                                     22 this heading in this Act: Provided further, That such
                                                                     23 amount is designated by the Congress as being for an
                                                                     24 emergency                        requirement                   pursuant                  to     section




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                                                                     25 251(b)(2)(A)(i) of the Balanced Budget and Emergency
                                                                     26 Deficit Control Act of 1985.
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                                                                       1            TITLE II—DEPARTMENT OF HEALTH AND
                                                                       2                                      HUMAN SERVICES
                                                                       3              ADMINISTRATION FOR CHILDREN AND FAMILIES
                                                                       4                             SOCIAL SERVICES BLOCK GRANT

                                                                       5              For an additional amount for ‘‘Social Services Block
                                                                       6 Grant’’, $850,000,000, to remain available until Sep-
                                                                       7 tember 30, 2021, for making grants to States pursuant
                                                                       8 to section 2002 of the Social Security Act: Provided, That
                                                                       9 the amount made available under this heading in this Act
                                                                     10 shall be used for necessary expenses for family care for
                                                                     11 essential workers, pursuant to section 409 of division B
                                                                     12 this Act: Provided further, That such amount is designated
                                                                     13 by the Congress as being for an emergency requirement
                                                                     14 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
                                                                     15 et and Emergency Deficit Control Act of 1985.
                                                                     16                        CHILD CARE AND DEVELOPMENT FUND

                                                                     17               For an additional amount for ‘‘Child Care and Devel-
                                                                     18 opment Fund’’, $10,000,000,000, to remain available
                                                                     19 until September 30, 2024, for necessary expenses for in-
                                                                     20 frastructure grants to improve child care safety, including
                                                                     21 needs assessments, pursuant to section 418A of Part A
                                                                     22 of title IV of the Social Security Act, as added by division
                                                                     23 B of this Act: Provided, That funds made available under
                                                                     24 this heading in this Act may be used for grants for the




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                                                                     25 construction, alteration, or renovation of non-federally


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                                                                       1 owned facilities to improve child care safety: Provided fur-
                                                                       2 ther, That all construction, alteration, or renovation work,
                                                                       3 carried out in whole or in part with funds appropriated
                                                                       4 under this heading in this Act, shall be subject to the re-
                                                                       5 quirements of subchapter IV of chapter 31 of title 40,
                                                                       6 United States Code (commonly referred to as the ‘‘Davis-
                                                                       7 Bacon Act’’): Provided further, That such amount is des-
                                                                       8 ignated by the Congress as being for an emergency re-
                                                                       9 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
                                                                     10 anced Budget and Emergency Deficit Control Act of 1985.
                                                                     11               TITLE III—GENERAL PROVISIONS—THIS
                                                                     12                                                 DIVISION
                                                                     13               SEC. 301. Each amount appropriated or made avail-
                                                                     14 able by this Act is in addition to any amounts otherwise
                                                                     15 appropriated for the fiscal year involved.
                                                                     16               SEC. 302. No part of any appropriation contained in
                                                                     17 this Act shall remain available for obligation beyond the
                                                                     18 current fiscal year unless expressly so provided herein.
                                                                     19               SEC. 303. Unless otherwise provided for by this Act,
                                                                     20 the additional amounts appropriated by this Act to appro-
                                                                     21 priations accounts shall be available under the authorities
                                                                     22 and conditions applicable to such appropriations accounts
                                                                     23 for fiscal year 2020.
                                                                     24               SEC. 304. Each amount designated in this Act by the




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                                                                     25 Congress as being for an emergency requirement pursuant


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                                                                       1 to section 251(b)(2)(A)(i) of the Balanced Budget and
                                                                       2 Emergency Deficit Control Act of 1985 shall be available
                                                                       3 (or rescinded or transferred, if applicable) only if the
                                                                       4 President subsequently so designates all such amounts
                                                                       5 and transmits such designations to the Congress.
                                                                       6              SEC. 305. Any amount appropriated by this Act, des-
                                                                       7 ignated by the Congress as an emergency requirement
                                                                       8 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
                                                                       9 et and Emergency Deficit Control Act of 1985 and subse-
                                                                     10 quently so designated by the President, and transferred
                                                                     11 pursuant to transfer authorities provided by this Act shall
                                                                     12 retain such designation.
                                                                     13                                       BUDGETARY EFFECTS

                                                                     14               SEC. 306. (a) STATUTORY PAYGO SCORECARDS.—
                                                                     15 The budgetary effects of division B shall not be entered
                                                                     16 on either PAYGO scorecard maintained pursuant to sec-
                                                                     17 tion 4(d) of the Statutory Pay-As-You-Go Act of 2010.
                                                                     18               (b) SENATE PAYGO SCORECARDS.—The budgetary
                                                                     19 effects of division B shall not be entered on any PAYGO
                                                                     20 scorecard maintained for purposes of section 4106 of H.
                                                                     21 Con. Res. 71 (115th Congress).
                                                                     22               (c) CLASSIFICATION OF BUDGETARY EFFECTS.—
                                                                     23 Notwithstanding Rule 3 of the Budget Scorekeeping
                                                                     24 Guidelines set forth in the joint explanatory statement of




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                                                                     25 the committee of conference accompanying Conference Re-
                                                                     26 port 105–217 and section 250(c)(8) of the Balanced
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                                                                       1 Budget and Emergency Deficit Control Act of 1985, the
                                                                       2 budgetary effects of division B shall not be estimated—
                                                                       3                        (1) for purposes of section 251 of such Act; and
                                                                       4                        (2) for purposes of paragraph (4)(C) of section
                                                                       5              3 of the Statutory Pay-As-You-Go Act of 2010 as
                                                                       6              being included in an appropriation Act.
                                                                       7              This division may be cited as the ‘‘Emergency Child
                                                                       8 Care Support Appropriations Act, 2020’’.
                                                                       9          DIVISION B—WORKER ACCESS
                                                                     10           TO CHILD AND FAMILY CARE
                                                                     11      SEC. 401. SHORT TITLE.

                                                                     12               This division may be cited as the ‘‘Worker Access to
                                                                     13 Child and Family Care Act’’.
                                                                     14      SEC. 402. REFUNDABILITY AND ENHANCEMENT OF CHILD

                                                                     15                              AND DEPENDENT CARE TAX CREDIT.

                                                                     16               (a) TREATMENT OF CREDIT AS REFUNDABLE.—Sec-
                                                                     17 tion 21 of the Internal Revenue Code of 1986 is amended
                                                                     18 by adding at the end the following new subsection:
                                                                     19               ‘‘(g) TREATMENT OF CREDIT AS REFUNDABLE.—In
                                                                     20 the case of an individual other than a nonresident alien,
                                                                     21 the credit allowed under subsection (a) shall be treated
                                                                     22 as a credit allowed under subpart C (and not allowed
                                                                     23 under this subpart).’’.
                                                                     24               (b) INCREASE IN APPLICABLE PERCENTAGE.—Sec-




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                                                                     25 tion 21(a)(2) of such Code is amended—


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                                                                       1                        (1) by striking ‘‘35 percent’’ and inserting ‘‘50
                                                                       2              percent’’, and
                                                                       3                        (2)       by     striking            ‘‘$15,000’’                and     inserting
                                                                       4              ‘‘$120,000’’.
                                                                       5              (c) INCREASE IN DOLLAR LIMIT ON AMOUNT CRED-
                                                                       6     ITABLE.—Section 21(c) of such Code is amended—

                                                                       7                        (1) by striking ‘‘$3,000’’ in paragraph (1) and
                                                                       8              inserting ‘‘$6,000’’, and
                                                                       9                        (2) by striking ‘‘$6,000’’ in paragraph (2) and
                                                                     10               inserting ‘‘twice the amount in effect under para-
                                                                     11               graph (1)’’.
                                                                     12               (d) INFLATION ADJUSTMENT.—Section 21(e) of such
                                                                     13 Code is amended by adding at the end the following new
                                                                     14 paragraph:
                                                                     15                         ‘‘(11) INFLATION ADJUSTMENT.—In the case of
                                                                     16               any taxable year beginning after December 31,
                                                                     17               2020, the $120,000 amount in subsection (a)(2) and
                                                                     18               the $6,000 amount in subsection (c)(1) shall each be
                                                                     19               increased by an amount equal to—
                                                                     20                                  ‘‘(A) such dollar amount, multiplied by
                                                                     21                                  ‘‘(B) the cost-of-living adjustment deter-
                                                                     22                         mined under section 1(f)(3) for the calendar
                                                                     23                         year in which the taxable year begins, deter-
                                                                     24                         mined by substituting ‘2019’ for ‘2016’ in sub-




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                                                                     25                         paragraph (A)(ii) thereof.


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                                                                       1              If any increase determined under this paragraph is
                                                                       2              not a multiple of $100, such increase shall be round-
                                                                       3              ed to the next highest multiple of $100.’’.
                                                                       4              (e) CONFORMING AMENDMENT.—Section 1324(b)(2)
                                                                       5 of title 31, United States Code, is amended by inserting
                                                                       6 ‘‘21 (by reason of subsection (g) thereof),’’ before ‘‘25A’’.
                                                                       7              (f) COORDINATION WITH POSSESSION TAX SYS-
                                                                       8     TEMS.—Section 21(g)(1) of the Internal Revenue Code of

                                                                       9 1986 (as added by this section) shall not apply to any per-
                                                                     10 son—
                                                                     11                         (1) to whom a credit is allowed against taxes
                                                                     12               imposed by a possession with a mirror code tax sys-
                                                                     13               tem by reason of the application of section 21 of
                                                                     14               such Code in such possession for such taxable year,
                                                                     15               or
                                                                     16                         (2) to whom a credit would be allowed against
                                                                     17               taxes imposed by a possession which does not have
                                                                     18               a mirror code tax system if the provisions of section
                                                                     19               21 of such Code had been in effect in such posses-
                                                                     20               sion for such taxable year.
                                                                     21               (g) EFFECTIVE DATE.—The amendments made by
                                                                     22 this section shall apply to taxable years beginning after
                                                                     23 December 31, 2019.




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                                                                       1     SEC. 403. INCREASE IN EXCLUSION FOR EMPLOYER-PRO-

                                                                       2                             VIDED DEPENDENT CARE ASSISTANCE.

                                                                       3              (a) IN GENERAL.—Section 129(a)(2)(A) of the Inter-
                                                                       4 nal Revenue Code of 1986 is amended by striking ‘‘$5,000
                                                                       5 ($2,500’’ and inserting ‘‘$10,500 (half such dollar
                                                                       6 amount’’.
                                                                       7              (b) INFLATION ADJUSTMENT.—Section 129(a)(2) is
                                                                       8 amended by adding at the end the following new subpara-
                                                                       9 graph:
                                                                     10                                  ‘‘(D) INFLATION                     ADJUSTMENT.—In             the
                                                                     11                         case of any taxable year beginning after Decem-
                                                                     12                         ber 31, 2020, the $10,500 amount in subpara-
                                                                     13                         graph (A) shall be increased by an amount
                                                                     14                         equal to—
                                                                     15                                          ‘‘(i) such dollar amount, multiplied by
                                                                     16                                          ‘‘(ii) the cost-of-living adjustment de-
                                                                     17                                  termined under section 1(f)(3) for the cal-
                                                                     18                                  endar year in which the taxable year be-
                                                                     19                                  gins, determined by substituting ‘2019’ for
                                                                     20                                  ‘2016’ in subparagraph (A)(ii) thereof.
                                                                     21                         Any increase determined under the preceding
                                                                     22                         sentence which is not a multiple of $50, shall
                                                                     23                         be rounded to the next highest multiple of
                                                                     24                         $50.’’.




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                                                                       1              (c) EFFECTIVE DATE.—The amendment made by
                                                                       2 this section shall apply to taxable years beginning after
                                                                       3 December 31, 2019.
                                                                       4              (d) PLAN AMENDMENTS.—A plan or other arrange-
                                                                       5 ment that otherwise satisfies all applicable requirements
                                                                       6 of sections 106, 125, and 129 of the Internal Revenue
                                                                       7 Code of 1986 (including any rules or regulations there-
                                                                       8 under) shall not fail to be treated as a cafeteria plan or
                                                                       9 dependent care flexible spending arrangement merely be-
                                                                     10 cause such plan or arrangement is amended pursuant to
                                                                     11 the amendments made by this section and such amend-
                                                                     12 ment is retroactive, if—
                                                                     13                         (1) such amendment is adopted no later than
                                                                     14               the last day of the first plan year beginning after
                                                                     15               December 31, 2019, and
                                                                     16                         (2) the plan or arrangement is operated con-
                                                                     17               sistent with the terms of such amendment during
                                                                     18               the period beginning on the effective date of the
                                                                     19               amendment and ending on the date the amendment
                                                                     20               is adopted.
                                                                     21      SEC. 404. PAYROLL CREDIT FOR CERTAIN FIXED EXPENSES

                                                                     22                              OF CHILD CARE FACILITIES SUBJECT TO

                                                                     23                              CLOSURE BY REASON OF COVID–19.

                                                                     24               (a) IN GENERAL.—In the case of an eligible em-




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                                                                     25 ployer, there shall be allowed as a credit against applicable


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                                                                       1 employment taxes for each calendar quarter an amount
                                                                       2 equal to 50 percent of the qualified fixed expenses paid
                                                                       3 or incurred by such employer during such calendar quar-
                                                                       4 ter.
                                                                       5              (b) LIMITATIONS AND REFUNDABILITY.—
                                                                       6                        (1) OVERALL                     QUARTERLY               DOLLAR          LIMITA-

                                                                       7              TION.—The qualified fixed expenses which may be

                                                                       8              taken into account under subsection (a) (determined
                                                                       9              after the application of paragraph (2)) by any eligi-
                                                                     10               ble employer for any calendar quarter shall not ex-
                                                                     11               ceed the least of—
                                                                     12                                  (A) the qualified fixed expenses paid by the
                                                                     13                         eligible employer in the same calendar quarter
                                                                     14                         of calendar year 2019,
                                                                     15                                  (B) $25,000,000, or
                                                                     16                                  (C) the greater of—
                                                                     17                                          (i) 25 percent of the wages paid with
                                                                     18                                  respect to the employment of all the em-
                                                                     19                                  ployees of the eligible employer for such
                                                                     20                                  calendar quarter, or
                                                                     21                                          (ii) 6.25 percent of the gross receipts
                                                                     22                                  of the eligible employer for calendar year
                                                                     23                                  2019.
                                                                     24                         (2) PER FACILITY QUARTERLY DOLLAR LIMITA-




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                                                                     25               TION.—The qualified fixed expenses which may be



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                                                                       1              taken into account under subsection (a) by any eligi-
                                                                       2              ble employer for any calendar quarter with respect
                                                                       3              to any facility of such employer shall not exceed
                                                                       4              $50,000.
                                                                       5                        (3) CREDIT LIMITED TO CERTAIN EMPLOYMENT
                                                                       6              TAXES.—The credit allowed by subsection (a) with

                                                                       7              respect to any calendar quarter shall not exceed the
                                                                       8              applicable employment taxes for such calendar quar-
                                                                       9              ter (reduced by any credits allowed under sub-
                                                                     10               sections (e) and (f) of section 3111 of such Code,
                                                                     11               sections 7001 and 7003 of the Families First
                                                                     12               Coronavirus Response Act, and section 2301 of the
                                                                     13               CARES Act, for such quarter) on the wages paid
                                                                     14               with respect to the employment of all the employees
                                                                     15               of the eligible employer for such calendar quarter.
                                                                     16                         (4) REFUNDABILITY OF EXCESS CREDIT.—
                                                                     17                                  (A) IN GENERAL.—If the amount of the
                                                                     18                         credit under subsection (a) exceeds the limita-
                                                                     19                         tion of paragraph (3) for any calendar quarter,
                                                                     20                         such excess shall be treated as an overpayment
                                                                     21                         that shall be refunded under sections 6402(a)
                                                                     22                         and 6413(b) of the Internal Revenue Code of
                                                                     23                         1986.
                                                                     24                                  (B) TREATMENT OF PAYMENTS.—For pur-




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                                                                     25                         poses of section 1324 of title 31, United States


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                                                                       1                        Code, any amounts due to an employer under
                                                                       2                        this paragraph shall be treated in the same
                                                                       3                        manner as a refund due from a credit provision
                                                                       4                        referred to in subsection (b)(2) of such section.
                                                                       5              (c) DEFINITIONS.—For purposes of this section—
                                                                       6                        (1) APPLICABLE                     EMPLOYMENT                   TAXES.—The

                                                                       7              term ‘‘applicable employment taxes’’ means the fol-
                                                                       8              lowing:
                                                                       9                                 (A) The taxes imposed under section
                                                                     10                         3111(a) of the Internal Revenue Code of 1986.
                                                                     11                                  (B) So much of the taxes imposed under
                                                                     12                         section 3221(a) of such Code as are attrib-
                                                                     13                         utable to the rate in effect under section
                                                                     14                         3111(a) of such Code.
                                                                     15                         (2) ELIGIBLE EMPLOYER.—
                                                                     16                                  (A) IN GENERAL.—The term ‘‘eligible em-
                                                                     17                         ployer’’ means any employer—
                                                                     18                                          (i) which was carrying on a trade or
                                                                     19                                  business engaged in the provision of child
                                                                     20                                  care assistance at a qualified child care fa-
                                                                     21                                  cility (within the meaning of section
                                                                     22                                  45F(c)(2)(A) of such Code without regard
                                                                     23                                  to the last sentence thereof) at any time
                                                                     24                                  during calendar year 2020, and




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                                                                       1                                         (ii) with respect to any calendar quar-
                                                                       2                                 ter, for which—
                                                                       3                                                  (I) the operation of the trade or
                                                                       4                                         business described in clause (i) is fully
                                                                       5                                         or partially suspended during the cal-
                                                                       6                                         endar quarter due to orders from an
                                                                       7                                         appropriate governmental authority
                                                                       8                                         limiting commerce, travel, or group
                                                                       9                                         meetings (for commercial, social, reli-
                                                                     10                                          gious, or other purposes) due to the
                                                                     11                                          coronavirus disease 2019 (COVID–
                                                                     12                                          19), or
                                                                     13                                                   (II) such calendar quarter is
                                                                     14                                          within the period described in sub-
                                                                     15                                          paragraph (B).
                                                                     16                                  (B) SIGNIFICANT DECLINE IN GROSS RE-
                                                                     17                         CEIPTS.—The period described in this subpara-

                                                                     18                         graph is the period—
                                                                     19                                          (i) beginning with the first calendar
                                                                     20                                  quarter beginning after December 31,
                                                                     21                                  2019, for which gross receipts (within the
                                                                     22                                  meaning of section 448(c) of the Internal
                                                                     23                                  Revenue Code of 1986) for the calendar
                                                                     24                                  quarter are less than 90 percent of gross




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                                                                       1                                 receipts for the same calendar quarter in
                                                                       2                                 the prior year, and
                                                                       3                                         (ii) ending with the calendar quarter
                                                                       4                                 following the first calendar quarter begin-
                                                                       5                                 ning after a calendar quarter described in
                                                                       6                                 clause (i) for which gross receipts of such
                                                                       7                                 employer are greater than 90 percent of
                                                                       8                                 gross receipts for the same calendar quar-
                                                                       9                                 ter in the prior year.
                                                                     10                                  (C) TAX-EXEMPT ORGANIZATIONS.—In the
                                                                     11                         case of an organization which is described in
                                                                     12                         section 501(c) of the Internal Revenue Code of
                                                                     13                         1986 and exempt from tax under section 501(a)
                                                                     14                         of such Code—
                                                                     15                                          (i) any reference in this section to a
                                                                     16                                  trade or business shall be treated as a ref-
                                                                     17                                  erence to the operations of such organiza-
                                                                     18                                  tion which are related to the provision of
                                                                     19                                  child care assistance (within the meaning
                                                                     20                                  of subparagraph (A)(i)), and
                                                                     21                                          (ii) any reference in this section to
                                                                     22                                  gross receipts shall be treated as a ref-
                                                                     23                                  erence to gross receipts within the meaning
                                                                     24                                  of section 6033 of the Internal Revenue




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                                                                     25                                  Code of 1986.


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                                                                       1                                 (D) PHASE-IN OF CREDIT WHERE BUSI-
                                                                       2                        NESS        NOT        SUSPENDED                 AND        REDUCTION        IN

                                                                       3                        GROSS RECEIPTS LESS THAN 50 PERCENT.—

                                                                       4                                         (i) IN GENERAL.—In the case of any
                                                                       5                                 calendar quarter with respect to which an
                                                                       6                                 eligible employer would not be an eligible
                                                                       7                                 employer if subparagraph (B)(i) were ap-
                                                                       8                                 plied by substituting ‘‘50 percent’’ for ‘‘90
                                                                       9                                 percent’’, the amount of the credit allowed
                                                                     10                                  under subsection (a) shall be reduced by
                                                                     11                                  the amount which bears the same ratio to
                                                                     12                                  the amount of such credit (determined
                                                                     13                                  without regard to this subparagraph) as—
                                                                     14                                                   (I) the excess gross receipts per-
                                                                     15                                          centage point amount, bears to
                                                                     16                                                   (II) 40 percentage points.
                                                                     17                                          (ii) EXCESS                GROSS RECEIPTS PER-

                                                                     18                                  CENTAGE POINT AMOUNT.—For                                      purposes
                                                                     19                                  of this subparagraph, the term ‘‘excess
                                                                     20                                  gross receipts percentage point amount’’
                                                                     21                                  means, with respect to any calendar quar-
                                                                     22                                  ter, the excess of—
                                                                     23                                                   (I) the lowest of the gross re-
                                                                     24                                          ceipts percentage point amounts de-




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                                                                     25                                          termined with respect to any calendar


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                                                                       1                                         quarter during the period ending with
                                                                       2                                         such calendar quarter and beginning
                                                                       3                                         with the first calendar quarter during
                                                                       4                                         the period described in subparagraph
                                                                       5                                         (B), over
                                                                       6                                                  (II) 50 percentage points.
                                                                       7                                         (iii) GROSS                RECEIPTS             PERCENTAGE

                                                                       8                                 POINT AMOUNTS.—For                             purposes of this
                                                                       9                                 subparagraph, the term ‘‘gross receipts
                                                                     10                                  percentage point amount’’ means, with re-
                                                                     11                                  spect to any calendar quarter, the percent-
                                                                     12                                  age (expressed as a number of percentage
                                                                     13                                  points) obtained by dividing—
                                                                     14                                                   (I) the gross receipts (within the
                                                                     15                                          meaning of subparagraph (B)) for
                                                                     16                                          such calendar quarter, by
                                                                     17                                                   (II) the gross receipts for the
                                                                     18                                          same calendar quarter in calendar
                                                                     19                                          year 2019.
                                                                     20                         (3) QUALIFIED FIXED EXPENSES.—
                                                                     21                                  (A) IN          GENERAL.—The                      term ‘‘qualified
                                                                     22                         fixed expenses’’ means the payment or accrual,
                                                                     23                         in the ordinary course of the eligible employer’s
                                                                     24                         trade or business, of any covered mortgage obli-




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                                                                       1                        ity payment. Such term shall not include the
                                                                       2                        prepayment of any obligation for a period in ex-
                                                                       3                        cess of a month unless the payment for such
                                                                       4                        period is customarily due in advance. Such term
                                                                       5                        shall not include any payment or accrual of any
                                                                       6                        obligation or payment which is with respect to
                                                                       7                        property which is not located in the United
                                                                       8                        States or any possession of the United States.
                                                                       9                                 (B) APPLICATION OF DEFINITIONS.—The
                                                                     10                         terms ‘‘covered mortgage obligation’’, ‘‘covered
                                                                     11                         rent obligation’’, and ‘‘covered utility payment’’
                                                                     12                         shall each have the same meaning as when used
                                                                     13                         in section 1106 of the CARES Act.
                                                                     14                         (4) SECRETARY.—The term ‘‘Secretary’’ means
                                                                     15               the Secretary of the Treasury or the Secretary’s del-
                                                                     16               egate.
                                                                     17                         (5) WAGES.—
                                                                     18                                  (A) IN           GENERAL.—The                      term ‘‘wages’’
                                                                     19                         means wages (as defined in section 3121(a) of
                                                                     20                         the Internal Revenue Code of 1986) and com-
                                                                     21                         pensation (as defined in section 3231(e) of such
                                                                     22                         Code). For purposes of the preceding sentence
                                                                     23                         (other than for purposes of subsection (b)(2)),
                                                                     24                         wages as defined in section 3121(a) of such




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                                                                     25                         Code shall be determined without regard to


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                                                                       1                        paragraphs (1), (8), (10), (13), (18), (19), and
                                                                       2                        (22) of section 3121(b) of such Code.
                                                                       3                                 (B) ALLOWANCE FOR CERTAIN HEALTH
                                                                       4                        PLAN EXPENSES.—

                                                                       5                                         (i) IN GENERAL.—Such term shall in-
                                                                       6                                 clude amounts paid or incurred by the eli-
                                                                       7                                 gible employer to provide and maintain a
                                                                       8                                 group health plan (as defined in section
                                                                       9                                 5000(b)(1) of the Internal Revenue Code
                                                                     10                                  of 1986), but only to the extent that such
                                                                     11                                  amounts are excluded from the gross in-
                                                                     12                                  come of employees by reason of section
                                                                     13                                  106(a) of such Code.
                                                                     14                                          (ii) ALLOCATION                     RULES.—For         pur-
                                                                     15                                  poses of this section, amounts treated as
                                                                     16                                  wages under clause (i) shall be treated as
                                                                     17                                  paid with respect to any employee (and
                                                                     18                                  with respect to any period) to the extent
                                                                     19                                  that such amounts are properly allocable to
                                                                     20                                  such employee (and to such period) in such
                                                                     21                                  manner as the Secretary may prescribe.
                                                                     22                                  Except as otherwise provided by the Sec-
                                                                     23                                  retary, such allocation shall be treated as
                                                                     24                                  properly made if made on the basis of




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                                                                       1                        (6) EMPLOYER.—The term ‘‘employer’’ means
                                                                       2              any employer (as defined in section 3401(d) of such
                                                                       3              Code) of at least one employee on any day in cal-
                                                                       4              endar year 2020.
                                                                       5                        (7) OTHER TERMS.—Except as otherwise pro-
                                                                       6              vided in this section, any term used in this section
                                                                       7              which is also used in chapter 21 or 22 of the Inter-
                                                                       8              nal Revenue Code of 1986 shall have the same
                                                                       9              meaning as when used in such chapter.
                                                                     10               (d) AGGREGATION RULE.—All persons treated as a
                                                                     11 single employer under subsection (a) or (b) of section 52
                                                                     12 of the Internal Revenue Code of 1986, or subsection (m)
                                                                     13 or (o) of section 414 of such Code, shall be treated as
                                                                     14 one employer for purposes of this section.
                                                                     15               (e) DENIAL OF DOUBLE BENEFIT.—For purposes of
                                                                     16 chapter 1 of such Code, the gross income of any eligible
                                                                     17 employer, for the taxable year which includes the last day
                                                                     18 of any calendar quarter with respect to which a credit is
                                                                     19 allowed under this section, shall be increased by the
                                                                     20 amount of such credit.
                                                                     21               (f) CERTAIN GOVERNMENTAL EMPLOYERS.—
                                                                     22                         (1) IN GENERAL.—The credit under this section
                                                                     23               shall not be allowed to the Federal Government, the
                                                                     24               government of any State, of the District of Colum-




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                                                                       1              tribal government, or any political subdivision, agen-
                                                                       2              cy, or instrumentality of any of the foregoing.
                                                                       3                        (2) EXCEPTION.—Paragraph (1) shall not
                                                                       4              apply to any organization described in section
                                                                       5              501(c)(1) of the Internal Revenue Code of 1986 and
                                                                       6              exempt from tax under section 501(a) of such Code.
                                                                       7              (g) ELECTION NOT TO HAVE SECTION APPLY.—
                                                                       8 This section shall not apply with respect to any eligible
                                                                       9 employer for any calendar quarter if such employer elects
                                                                     10 (at such time and in such manner as the Secretary may
                                                                     11 prescribe) not to have this section apply.
                                                                     12               (h) TRANSFERS TO CERTAIN TRUST FUNDS.—There
                                                                     13 are hereby appropriated to the Federal Old-Age and Sur-
                                                                     14 vivors Insurance Trust Fund and the Federal Disability
                                                                     15 Insurance Trust Fund established under section 201 of
                                                                     16 the Social Security Act (42 U.S.C. 401) and the Social
                                                                     17 Security Equivalent Benefit Account established under
                                                                     18 section 15A(a) of the Railroad Retirement Act of 1974
                                                                     19 (45 U.S.C. 231n–1(a)) amounts equal to the reduction in
                                                                     20 revenues to the Treasury by reason of this section (without
                                                                     21 regard to this subsection). Amounts appropriated by the
                                                                     22 preceding sentence shall be transferred from the general
                                                                     23 fund at such times and in such manner as to replicate
                                                                     24 to the extent possible the transfers which would have oc-




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                                                                       1 curred to such Trust Fund or Account had this section
                                                                       2 not been enacted.
                                                                       3              (i) TREATMENT OF DEPOSITS.—The Secretary shall
                                                                       4 waive any penalty under section 6656 of such Code for
                                                                       5 any failure to make a deposit of applicable employment
                                                                       6 taxes if the Secretary determines that such failure was due
                                                                       7 to the anticipation of the credit allowed under this section.
                                                                       8              (j) THIRD-PARTY PAYORS.—Any credit allowed
                                                                       9 under this section shall be treated as a credit described
                                                                     10 in section 3511(d)(2) of such Code.
                                                                     11               (k) REGULATIONS AND GUIDANCE.—The Secretary
                                                                     12 shall issue such forms, instructions, regulations, and guid-
                                                                     13 ance as are necessary—
                                                                     14                         (1) to allow the advance payment of the credit
                                                                     15               under subsection (a), subject to the limitations pro-
                                                                     16               vided in this section, based on such information as
                                                                     17               the Secretary shall require,
                                                                     18                         (2) regulations or other guidance to provide for
                                                                     19               the reconciliation of such advance payment with the
                                                                     20               amount of the credit at the time of filing the return
                                                                     21               of tax for the applicable quarter or taxable year,
                                                                     22                         (3) with respect to the application of the credit
                                                                     23               under subsection (a) to third-party payors (including
                                                                     24               professional employer organizations, certified profes-




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                                                                       1              tion 3504 of the Internal Revenue Code of 1986),
                                                                       2              including regulations or guidance allowing such
                                                                       3              payors to submit documentation necessary to sub-
                                                                       4              stantiate the eligible employer status of employers
                                                                       5              that use such payors,
                                                                       6                        (4) for application of subsection (b)(1)(A) and
                                                                       7              subparagraphs (A)(ii)(II) and (B) of subsection
                                                                       8              (c)(2) in the case of any employer which was not
                                                                       9              carrying on a trade or business for all or part of the
                                                                     10               same calendar quarter in the prior year, and
                                                                     11                         (5) for recapturing the benefit of credits deter-
                                                                     12               mined under this section in cases where there is a
                                                                     13               subsequent adjustment to the credit determined
                                                                     14               under subsection (a).
                                                                     15               (l) APPLICATION OF SECTION.—This section shall
                                                                     16 apply only to qualified fixed expenses paid or accrued in
                                                                     17 calendar quarters beginning on or after the date of the
                                                                     18 enactment of this Act and before January 1, 2021.
                                                                     19      SEC. 405. PAYROLL CREDIT FOR CERTAIN EMPLOYEE DE-

                                                                     20                              PENDENT CARE EXPENSES PAID BY EMPLOY-

                                                                     21                              ERS.

                                                                     22               (a) IN GENERAL.—In the case of an employer, there
                                                                     23 shall be allowed as a credit against applicable employment
                                                                     24 taxes for each calendar quarter an amount equal to 30




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                                                                       1 paid by such employer with respect to such calendar quar-
                                                                       2 ter.
                                                                       3              (b) LIMITATIONS AND REFUNDABILITY.—
                                                                       4                        (1) DOLLAR LIMITATION PER EMPLOYEE.—The
                                                                       5              qualified employee dependent care expenses which
                                                                       6              may be taken into account under subsection (a) with
                                                                       7              respect to any employee for any calendar quarter
                                                                       8              shall not exceed $2,500.
                                                                       9                        (2) CREDIT LIMITED TO CERTAIN EMPLOYMENT
                                                                     10               TAXES.—The credit allowed by subsection (a) with

                                                                     11               respect to any calendar quarter shall not exceed the
                                                                     12               applicable employment taxes for such calendar quar-
                                                                     13               ter (reduced by any credits allowed under sub-
                                                                     14               sections (e) and (f) of section 3111 of such Code,
                                                                     15               sections 7001 and 7003 of the Families First
                                                                     16               Coronavirus Response Act, section 2301 of the
                                                                     17               CARES Act, and section 4 of this Act, for such
                                                                     18               quarter) on the wages paid with respect to the em-
                                                                     19               ployment of all the employees of the employer for
                                                                     20               such calendar quarter.
                                                                     21                         (3) REFUNDABILITY OF EXCESS CREDIT.—
                                                                     22                                  (A) IN GENERAL.—If the amount of the
                                                                     23                         credit under subsection (a) exceeds the limita-
                                                                     24                         tion of paragraph (2) for any calendar quarter,




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                                                                       1                        that shall be refunded under sections 6402(a)
                                                                       2                        and 6413(b) of the Internal Revenue Code of
                                                                       3                        1986.
                                                                       4                                 (B) TREATMENT OF PAYMENTS.—For pur-
                                                                       5                        poses of section 1324 of title 31, United States
                                                                       6                        Code, any amounts due to an employer under
                                                                       7                        this paragraph shall be treated in the same
                                                                       8                        manner as a refund due from a credit provision
                                                                       9                        referred to in subsection (b)(2) of such section.
                                                                     10                         (4)         COORDINATION                       WITH             GOVERNMENT

                                                                     11               GRANTS.—The                    qualified employee dependent care
                                                                     12               expenses taken into account under this section by
                                                                     13               any employer shall be reduced by any amounts pro-
                                                                     14               vided by any Federal, State, or local government for
                                                                     15               purposes of making or reimbursing such expenses.
                                                                     16               (c) QUALIFIED EMPLOYEE DEPENDENT CARE EX-
                                                                     17      PENSES.—For purposes of this section, the term ‘‘quali-

                                                                     18 fied employee dependent care expenses’’ means any
                                                                     19 amount paid to or for the benefit of an employee in the
                                                                     20 employment of the employer if—
                                                                     21                         (1) such amount is dependent care assistance
                                                                     22               (as defined in section 129(e)(1) of the Internal Rev-
                                                                     23               enue Code of 1986), and
                                                                     24                         (2) the employer elects (at such time and in




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                                                                       1              such amount as a qualified employee dependent care
                                                                       2              expense.
                                                                       3              (d) SPECIAL RULES; OTHER DEFINITIONS.—
                                                                       4                        (1) APPLICATION OF CERTAIN NON-DISCRIMINA-
                                                                       5              TION RULES.—No credit shall be allowed under this

                                                                       6              section to any employer for any calendar quarter if
                                                                       7              qualified employee dependent care expenses are pro-
                                                                       8              vided by such employer to employees for such cal-
                                                                       9              endar quarter in a manner which discriminates in
                                                                     10               favor of highly compensated individuals (within the
                                                                     11               meaning of section 125) as to eligibility for, or the
                                                                     12               amount of, such benefit expenses.
                                                                     13                         (2) DENIAL OF DOUBLE BENEFIT.—For pur-
                                                                     14               poses of chapter 1 of such Code, no deduction or
                                                                     15               credit (other than the credit allowed under this sec-
                                                                     16               tion) shall be allowed for so much of qualified em-
                                                                     17               ployee dependent care expenses as is equal to the
                                                                     18               credit allowed under this section.
                                                                     19                         (3) THIRD-PARTY PAYORS.—Any credit allowed
                                                                     20               under this section shall be treated as a credit de-
                                                                     21               scribed in section 3511(d)(2) of such Code.
                                                                     22                         (4) APPLICABLE                     EMPLOYMENT                    TAXES.—For

                                                                     23               purposes of this section, the term ‘‘applicable em-
                                                                     24               ployment taxes’’ means the following:




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                                                                       1                                 (A) The taxes imposed under section
                                                                       2                        3111(a) of the Internal Revenue Code of 1986.
                                                                       3                                 (B) So much of the taxes imposed under
                                                                       4                        section 3221(a) of such Code as are attrib-
                                                                       5                        utable to the rate in effect under section
                                                                       6                        3111(a) of such Code.
                                                                       7                        (5) SECRETARY.—For purposes of this section,
                                                                       8              the term ‘‘Secretary’’ means the Secretary of the
                                                                       9              Treasury or the Secretary’s delegate.
                                                                     10                         (6) CERTAIN TERMS.—
                                                                     11                                  (A) IN GENERAL.—Any term used in this
                                                                     12                         section which is also used in chapter 21 or 22
                                                                     13                         of such Code shall have the same meaning as
                                                                     14                         when used in such chapter (as the case may
                                                                     15                         be).
                                                                     16                                  (B) CERTAIN                   PROVISIONS                NOT    TAKEN

                                                                     17                         INTO ACCOUNT EXCEPT FOR PURPOSES OF LIM-

                                                                     18                         ITING CREDIT TO EMPLOYMENT TAXES.—For

                                                                     19                         purposes of subparagraph (A) (other than with
                                                                     20                         respect to subsection (b)(2)), section 3121(b) of
                                                                     21                         such Code shall be applied without regard to
                                                                     22                         paragraphs (1), (5), (6), (7), (8), (10), (13),
                                                                     23                         (18), (19), and (22) thereof (except with re-
                                                                     24                         spect to services performed in a penal institu-




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                                                                     25                         tion       by        an     inmate            thereof)           and    section


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                                                                       1                        3231(e)(1) shall be applied without regard to
                                                                       2                        the sentence that begins ‘‘Such term does not
                                                                       3                        include remuneration’’.
                                                                       4              (e) CERTAIN GOVERNMENTAL EMPLOYERS.—
                                                                       5                        (1) IN GENERAL.—The credit under this section
                                                                       6              shall not be allowed to the Federal Government or
                                                                       7              any agency or instrumentality thereof.
                                                                       8                        (2) EXCEPTION.—Paragraph (1) shall not
                                                                       9              apply to any organization described in section
                                                                     10               501(c)(1) of the Internal Revenue Code of 1986 and
                                                                     11               exempt from tax under section 501(a) of such Code.
                                                                     12               (f) TREATMENT OF DEPOSITS.—The Secretary shall
                                                                     13 waive any penalty under section 6656 of such Code for
                                                                     14 any failure to make a deposit of applicable employment
                                                                     15 taxes if the Secretary determines that such failure was due
                                                                     16 to the anticipation of the credit allowed under this section.
                                                                     17               (g) REGULATIONS.—The Secretary shall prescribe
                                                                     18 such regulations or other guidance as may be necessary
                                                                     19 to carry out the purposes of this section, including regula-
                                                                     20 tions or other guidance—
                                                                     21                         (1) to allow the advance payment of the credit
                                                                     22               determined under subsection (a), subject to the limi-
                                                                     23               tations provided in this section, based on such infor-
                                                                     24               mation as the Secretary shall require,




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                                                                       1                        (2) to provide for the reconciliation of such ad-
                                                                       2              vance payment with the amount of the credit at the
                                                                       3              time of filing the return of tax for the applicable
                                                                       4              quarter or taxable year,
                                                                       5                        (3) for recapturing the benefit of credits deter-
                                                                       6              mined under this section in cases where there is a
                                                                       7              subsequent adjustment to the credit determined
                                                                       8              under subsection (a), and
                                                                       9                        (4) with respect to the application of the credit
                                                                     10               to third party payors (including professional em-
                                                                     11               ployer organizations, certified professional employer
                                                                     12               organizations, or agents under section 3504 of such
                                                                     13               Code), including to allow such payors to submit doc-
                                                                     14               umentation necessary to substantiate eligibility for,
                                                                     15               and the amount of, the credit allowed under this sec-
                                                                     16               tion.
                                                                     17               (h) APPLICATION OF SECTION.—This section shall
                                                                     18 apply only to qualified employee dependent care expenses
                                                                     19 paid in calendar quarters beginning on or after the date
                                                                     20 of the enactment of this Act and before January 1, 2021.
                                                                     21               (i) TRANSFERS TO CERTAIN TRUST FUNDS.—There
                                                                     22 are hereby appropriated to the Federal Old-Age and Sur-
                                                                     23 vivors Insurance Trust Fund and the Federal Disability
                                                                     24 Insurance Trust Fund established under section 201 of




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                                                                     25 the Social Security Act (42 U.S.C. 401) and the Social


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                                                                       1 Security Equivalent Benefit Account established under
                                                                       2 section 15A(a) of the Railroad Retirement Act of 1974
                                                                       3 (45 U.S.C. 231n–1(a)) amounts equal to the reduction in
                                                                       4 revenues to the Treasury by reason of this section (without
                                                                       5 regard to this subsection). Amounts appropriated by the
                                                                       6 preceding sentence shall be transferred from the general
                                                                       7 fund at such times and in such manner as to replicate
                                                                       8 to the extent possible the transfers which would have oc-
                                                                       9 curred to such Trust Fund or Account had this section
                                                                     10 not been enacted.
                                                                     11      SEC. 406. FLEXIBILITY FOR DEPENDENT CARE FLEXIBLE

                                                                     12                              SPENDING ARRANGEMENTS.

                                                                     13               (a) CARRYOVER OF UNUSED BENEFITS.—A plan or
                                                                     14 other arrangement that otherwise satisfies all applicable
                                                                     15 requirements of sections 106, 125, and 129 of the Internal
                                                                     16 Revenue Code of 1986 (including any rules or regulations
                                                                     17 thereunder) shall not fail to be treated as a cafeteria plan
                                                                     18 or dependent care flexible spending arrangement merely
                                                                     19 because such plan or arrangement permits participants to
                                                                     20 carry over (under rules similar to the rules applicable to
                                                                     21 health flexible spending arrangements) an amount, not in
                                                                     22 excess of the amount in effect under section 129(a)(2)(A)
                                                                     23 of such Code, of unused benefits or contributions remain-
                                                                     24 ing in a dependent care flexible spending arrangement




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                                                                       1 from the plan year ending in 2020 to the plan year ending
                                                                       2 in 2021.
                                                                       3              (b) EXTENSION OF GRACE PERIODS.—A plan or
                                                                       4 other arrangement that otherwise satisfies all applicable
                                                                       5 requirements of sections 106, 125, or 129 of the Internal
                                                                       6 Revenue Code (including any rules or regulations there-
                                                                       7 under) shall not fail to be treated as a cafeteria plan or
                                                                       8 dependent care flexible spending arrangement merely be-
                                                                       9 cause such plan or arrangement extends the grace period
                                                                     10 for the plan year ending in 2020 to 12 months after the
                                                                     11 end of such plan year, with respect to unused benefits or
                                                                     12 contributions remaining in a dependent care flexible
                                                                     13 spending arrangement.
                                                                     14               (c) DEFINITIONS.—Any term used in this section
                                                                     15 which is also used in section 106, 125, or 129 of the Inter-
                                                                     16 nal Revenue Code of 1986 or the rules or regulations
                                                                     17 thereunder shall have the same meaning as when used in
                                                                     18 such section or rules or regulations.
                                                                     19               (d) PLAN AMENDMENTS.—A plan or other arrange-
                                                                     20 ment that otherwise satisfies all applicable requirements
                                                                     21 of sections 106, 125, and 129 of the Internal Revenue
                                                                     22 Code of 1986 (including any rules or regulations there-
                                                                     23 under) shall not fail to be treated as a cafeteria plan or
                                                                     24 dependent care flexible spending arrangement merely be-




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                                                                     25 cause such plan or arrangement is amended pursuant to


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                                                                       1 a provision under this section and such amendment is ret-
                                                                       2 roactive, if—
                                                                       3                        (1) such amendment is adopted no later than
                                                                       4              the last day of the plan year in which the amend-
                                                                       5              ment is effective, and
                                                                       6                        (2) the plan or arrangement is operated con-
                                                                       7              sistent with the terms of such amendment during
                                                                       8              the period beginning on the effective date of the
                                                                       9              amendment and ending on the date the amendment
                                                                     10               is adopted.
                                                                     11      SEC. 407. EMPLOYEE RETENTION CREDIT ALLOWED WITH

                                                                     12                              RESPECT TO EMPLOYMENT OF DOMESTIC

                                                                     13                              WORKERS.

                                                                     14               (a) IN GENERAL.—Section 2301(c)(2) of the CARES
                                                                     15 Act is amended by adding at the end the following new
                                                                     16 subparagraph:
                                                                     17                                  ‘‘(D) EMPLOYERS                       OF DOMESTIC WORK-

                                                                     18                         ERS.—In the case of an employer with one or

                                                                     19                         more employees who perform domestic service
                                                                     20                         (within the meaning of section 3121(a)(7) of
                                                                     21                         such Code) in the private home of such em-
                                                                     22                         ployer, with respect to such employees—
                                                                     23                                          ‘‘(i) subparagraph (A) shall be ap-
                                                                     24                                  plied—




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                                                                       1                                                  ‘‘(I) by substituting ‘employing
                                                                       2                                         an employee who performs domestic
                                                                       3                                         service in the private home of such
                                                                       4                                         employer’ for ‘carrying on a trade or
                                                                       5                                         business’ in clause (i) thereof, and
                                                                       6                                                  ‘‘(II) by substituting ‘such em-
                                                                       7                                         ployment’ for ‘the operation of the
                                                                       8                                         trade or business’ in clause (ii)(I)
                                                                       9                                         thereof,
                                                                     10                                          ‘‘(ii) subclause (II) of subparagraph
                                                                     11                                  (A)(ii) shall not apply, and
                                                                     12                                          ‘‘(iii) such employer shall be treated
                                                                     13                                  as a large employer.’’.
                                                                     14               (b)        DENIAL              OF         DOUBLE               BENEFIT.—Section
                                                                     15 2301(h)(2) of the CARES Act is amended—
                                                                     16                         (1) by striking ‘‘shall not be taken into account
                                                                     17               for purposes of’’ and inserting ‘‘shall not be taken
                                                                     18               into account—
                                                                     19                                  ‘‘(A) for purposes of’’,
                                                                     20                         (2) by striking the period at the end and insert-
                                                                     21               ing ‘‘, and’’, and
                                                                     22                         (3) by adding at the end the following:
                                                                     23                                  ‘‘(B) if such wages are paid for domestic
                                                                     24                         service described in subsection (c)(2)(E), as em-




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                                                                       1                        ployment-related expenses for purposes of sec-
                                                                       2                        tion 21 of such Code.
                                                                       3              In the case of any individual who pays wages for do-
                                                                       4              mestic service described in subsection (c)(2)(E) and
                                                                       5              receives a reimbursement for such wages which is
                                                                       6              excludible from gross income under section 129 of
                                                                       7              such Code, such wages shall not be treated as quali-
                                                                       8              fied wages for purposes of this section.’’.
                                                                       9              (c) EFFECTIVE DATE.—The amendments made by
                                                                     10 this section shall take effect as if included in section 2301
                                                                     11 of the CARES Act.
                                                                     12      SEC. 408. CHILD CARE STABILIZATION FUNDS.

                                                                     13               (a) IN GENERAL.—Section 418(a)(3) of the Social
                                                                     14 Security Act (42 U.S.C. 618(a)(3)) is amended by striking
                                                                     15 ‘‘$2,917,000,000 for each of fiscal years 2017 and 2018’’
                                                                     16 and inserting ‘‘$10,000,000,000 for each of fiscal years
                                                                     17 2020 through 2024’’.
                                                                     18               (b) ADDITIONAL FUNDS NOT SUBJECT TO STATE
                                                                     19 MATCH REQUIREMENT.—With respect to the amounts ap-
                                                                     20 propriated in section 418(a)(3) of the Social Security Act
                                                                     21 in excess of $2,917,000,000 for each of fiscal years 2020
                                                                     22 and 2021, section 418(a)(2)(C) of such Act shall be ap-
                                                                     23 plied and administered with respect to any State that is
                                                                     24 entitled to receive the entire amount that would be allotted




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                                                                     25 to the State under section 418(a)(2)(B) of such Act for


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                                                                       1 the fiscal year in the absence of this section, as if the Fed-
                                                                       2 eral medical assistance percentage for the State for the
                                                                       3 fiscal year were 100 percent.
                                                                       4     SEC. 409. FAMILY CARE FOR ESSENTIAL WORKERS.

                                                                       5              (a) INCREASE IN FUNDING.—The amount specified
                                                                       6 in subsection (c) of section 2003 of the Social Security
                                                                       7 Act for purposes of subsections (a) and (b) of such section
                                                                       8 is deemed to be $2,550,000,000 for fiscal year 2020, of
                                                                       9 which $850,000,000 shall be obligated by States during
                                                                     10 calendar year 2020 in accordance with subsection (b) of
                                                                     11 this section.
                                                                     12               (b) RULES GOVERNING USE                                           OF        ADDITIONAL
                                                                     13 FUNDS.—
                                                                     14                         (1) IN GENERAL.—Funds are used in accord-
                                                                     15               ance with this subsection if—
                                                                     16                                  (A) the funds are used for—
                                                                     17                                          (i) child care services for a child of an
                                                                     18                                  essential worker; or
                                                                     19                                          (ii) daytime care services or other
                                                                     20                                  adult protective services for an individual
                                                                     21                                  who—
                                                                     22                                                   (I) is a dependent, or a member
                                                                     23                                          of the household of, an essential work-
                                                                     24                                          er; and




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                                                                     25                                                   (II) requires the services;


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                                                                       1                                 (B) the funds are provided to reimburse an
                                                                       2                        essential worker for the cost of obtaining the
                                                                       3                        services (including child and adult care services
                                                                       4                        obtained on or after the date the Secretary of
                                                                       5                        Health and Human Services declared a public
                                                                       6                        health emergency pursuant to section 319 of
                                                                       7                        the Public Health Service Act on January 31,
                                                                       8                        2020, entitled ‘‘Determination that a Public
                                                                       9                        Health Emergency Exists Nationwide as the
                                                                     10                         Result of the 2019 Novel Coronavirus’’), to a
                                                                     11                         provider of child or adult care services, or to es-
                                                                     12                         tablish a temporary child care facility operated
                                                                     13                         by a State or local government;
                                                                     14                                  (C) eligibility for the funds or services, and
                                                                     15                         the amount of funds or services provided, is not
                                                                     16                         conditioned on a means test;
                                                                     17                                  (D) the funds are used in consultation with
                                                                     18                         the lead agency designated pursuant to section
                                                                     19                         658D(a) of the Child Care and Development
                                                                     20                         Block Grant Act of 1990 by the State involved
                                                                     21                         and subject to the limitations in section 2005 of
                                                                     22                         the Social Security Act, except that, for pur-
                                                                     23                         poses of this subparagraph—




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                                                                       1                                         (i) paragraphs (3), (5), and (8) of sec-
                                                                       2                                 tion 2005(a) of such Act shall not apply;
                                                                       3                                 and
                                                                       4                                         (ii)(I)         the        limitation             in   section
                                                                       5                                 2005(a)(7) of such Act shall not apply
                                                                       6                                 with respect to any standard which the
                                                                       7                                 State involved determines would impede
                                                                       8                                 the ability of the State to provide emer-
                                                                       9                                 gency temporary care to a child, depend-
                                                                     10                                  ent, or household member referred to in
                                                                     11                                  subparagraph (A) of this paragraph if the
                                                                     12                                  emergency temporary care would not en-
                                                                     13                                  danger the health, safety, or development
                                                                     14                                  of children who received the care and care
                                                                     15                                  would otherwise not be available to support
                                                                     16                                  the immediate, short-term family care
                                                                     17                                  needs of essential workers; and
                                                                     18                                          (II) if the State determines that such
                                                                     19                                  a standard would be so impeding, the
                                                                     20                                  State shall report the determination to the
                                                                     21                                  Secretary, including a description of how
                                                                     22                                  exempting standards that may impede the
                                                                     23                                  ability of the State to provide emergency
                                                                     24                                  temporary care did not endanger the




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                                                                     25                                  health, safety, or development of children


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                                                                       1                                 who received emergency temporary care,
                                                                       2                                 separately from the annual report to the
                                                                       3                                 Secretary by the State;
                                                                       4                                 (E) the funds are used to supplement, not
                                                                       5                        supplant, State general revenue funds for child
                                                                       6                        care assistance; and
                                                                       7                                 (F) the funds are not used for child care
                                                                       8                        costs that are—
                                                                       9                                         (i) covered by funds provided under
                                                                     10                                  the Head Start Act, a preschool develop-
                                                                     11                                  ment grant under section 9121 of the
                                                                     12                                  Every Student Succeeds Act (42 U.S.C.
                                                                     13                                  9831 note), the Child Care and Develop-
                                                                     14                                  ment Block Grant Act of 1990, section
                                                                     15                                  418 of the Social Security Act, or another
                                                                     16                                  federally funded dependent care program;
                                                                     17                                  or
                                                                     18                                          (ii)      reimbursable                by        the    Federal
                                                                     19                                  Emergency Management Agency.
                                                                     20                         (2) ESSENTIAL WORKER DEFINED.—In para-
                                                                     21               graph (1), the term ‘‘essential worker’’ means—
                                                                     22                                  (A) a health sector employee;
                                                                     23                                  (B) an emergency response worker;
                                                                     24                                  (C) a child care worker;




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                                                                       1                                 (E) a worker at a business which a State
                                                                       2                        or local government official has determined
                                                                       3                        must remain open to serve the public during the
                                                                       4                        emergency referred to in paragraph (1)(B); and
                                                                       5                                 (F) any other worker who cannot telework,
                                                                       6                        and whom the State deems to be essential dur-
                                                                       7                        ing the emergency referred to in paragraph
                                                                       8                        (1)(B).
                                                                       9     SEC. 410. INFRASTRUCTURE GRANTS TO IMPROVE CHILD

                                                                     10                              CARE SAFETY.

                                                                     11               (a) IN GENERAL.—Part A of title IV of the Social
                                                                     12 Security Act (42 U.S.C. 601 et seq.) is amended by insert-
                                                                     13 ing after section 418 the following:
                                                                     14      ‘‘SEC. 418A. INFRASTRUCTURE GRANTS TO IMPROVE CHILD

                                                                     15                              CARE SAFETY.

                                                                     16               ‘‘(a) SHORT TITLE.—This section may be cited as the
                                                                     17 ‘Infrastructure Grants To Improve Child Care Safety Act
                                                                     18 of 2020’.
                                                                     19               ‘‘(b) NEEDS ASSESSMENTS.—
                                                                     20                         ‘‘(1) IMMEDIATE NEEDS ASSESSMENT.—
                                                                     21                                  ‘‘(A) IN GENERAL.—The Secretary shall
                                                                     22                         conduct an immediate needs assessment of the
                                                                     23                         condition of child care facilities throughout the
                                                                     24                         United States (with priority given to child care




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                                                                     25                         facilities that receive Federal funds), that—


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                                                                       1                                         ‘‘(i) determines the extent to which
                                                                       2                                 the COVID–19 pandemic has created im-
                                                                       3                                 mediate infrastructure needs, including in-
                                                                       4                                 frastructure-related                     health          and   safety
                                                                       5                                 needs, which must be addressed for child
                                                                       6                                 care facilities to operate in compliance with
                                                                       7                                 public health guidelines;
                                                                       8                                         ‘‘(ii) considers the effects of the pan-
                                                                       9                                 demic on a variety of child care centers, in-
                                                                     10                                  cluding home-based centers; and
                                                                     11                                          ‘‘(iii) considers how the pandemic has
                                                                     12                                  impacted specific metrics, such as—
                                                                     13                                                   ‘‘(I) capacity;
                                                                     14                                                   ‘‘(II) investments in infrastruc-
                                                                     15                                          ture changes;
                                                                     16                                                   ‘‘(III) the types of infrastructure
                                                                     17                                          changes centers need to implement
                                                                     18                                          and their associated costs;
                                                                     19                                                   ‘‘(IV) the price of tuition; and
                                                                     20                                                   ‘‘(V) any changes or anticipated
                                                                     21                                          changes in the number and demo-
                                                                     22                                          graphic of children attending.
                                                                     23                                  ‘‘(B) TIMING.—The immediate needs as-
                                                                     24                         sessment should occur simultaneously with the




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                                                                     25                         first grant-making cycle under subsection (c).


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                                                                       1                                 ‘‘(C) REPORT.—Not later than 1 year
                                                                       2                        after the date of the enactment of this section,
                                                                       3                        the Secretary shall submit to the Congress a re-
                                                                       4                        port containing the result of the needs assess-
                                                                       5                        ment conducted under subparagraph (A), and
                                                                       6                        make the assessment publicly available.
                                                                       7                        ‘‘(2) LONG-TERM NEEDS ASSESSMENT.—
                                                                       8                                 ‘‘(A) IN GENERAL.—The Secretary shall
                                                                       9                        conduct a long-term assessment of the condition
                                                                     10                         of child care facilities throughout the United
                                                                     11                         States (with priority given to child care facili-
                                                                     12                         ties that receive Federal funds). The assess-
                                                                     13                         ment may be conducted through representative
                                                                     14                         random sampling.
                                                                     15                                  ‘‘(B) REPORT.—Not later than 4 years
                                                                     16                         after the date of the enactment of this section,
                                                                     17                         the Secretary shall submit to the Congress a re-
                                                                     18                         port containing the results of the needs assess-
                                                                     19                         ment conducted under subparagraph (A), and
                                                                     20                         make the assessment publicly available.
                                                                     21               ‘‘(c) CHILD CARE FACILITIES GRANTS.—
                                                                     22                         ‘‘(1) GRANTS TO STATES.—
                                                                     23                                  ‘‘(A) IN GENERAL.—The Secretary may
                                                                     24                         award grants to States for the purpose of ac-




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                                                                     25                         quiring, constructing, renovating, or improving


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                                                                       1                        child care facilities, including adapting, re-
                                                                       2                        configuring, or expanding facilities to respond
                                                                       3                        to the COVID–19 pandemic.
                                                                       4                                 ‘‘(B) PRIORITIZED FACILITIES.—The Sec-
                                                                       5                        retary may not award a grant to a State under
                                                                       6                        subparagraph (A) unless the State involved
                                                                       7                        agrees, with respect to the use of grant funds,
                                                                       8                        to prioritize—
                                                                       9                                         ‘‘(i) child care facilities primarily serv-
                                                                     10                                  ing low-income populations;
                                                                     11                                          ‘‘(ii) child care facilities primarily
                                                                     12                                  serving children who have not attained the
                                                                     13                                  age of 5 years;
                                                                     14                                          ‘‘(iii) child care facilities that closed
                                                                     15                                  during the COVID–19 pandemic and are
                                                                     16                                  unable to open without making modifica-
                                                                     17                                  tions to the facility that would otherwise be
                                                                     18                                  required to ensure the health and safety of
                                                                     19                                  children and staff; and
                                                                     20                                          ‘‘(iv) child care facilities that serve the
                                                                     21                                  children of parents classified as essential
                                                                     22                                  workers during the COVID–19 pandemic.
                                                                     23                                  ‘‘(C) DURATION                     OF      GRANTS.—A           grant
                                                                     24                         under this subsection shall be awarded for a pe-




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                                                                     25                         riod of not more than 5 years.


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                                                                       1                                 ‘‘(D) APPLICATION.—To seek a grant
                                                                       2                        under this subsection, a State shall submit to
                                                                       3                        the Secretary an application at such time, in
                                                                       4                        such manner, and containing such information
                                                                       5                        as the Secretary may require, which informa-
                                                                       6                        tion shall—
                                                                       7                                         ‘‘(i) be disaggregated as the Secretary
                                                                       8                                 may require; and
                                                                       9                                         ‘‘(ii) include a plan to use a portion of
                                                                     10                                  the grant funds to report back to the Sec-
                                                                     11                                  retary on the impact of using the grant
                                                                     12                                  funds to improve child care facilities.
                                                                     13                                  ‘‘(E) PRIORITY.—In selecting States for
                                                                     14                         grants under this subsection, the Secretary
                                                                     15                         shall prioritize States that—
                                                                     16                                          ‘‘(i) plan to improve center-based and
                                                                     17                                  home-based child care programs, which
                                                                     18                                  may include a combination of child care
                                                                     19                                  and early Head Start or Head Start pro-
                                                                     20                                  grams;
                                                                     21                                          ‘‘(ii) aim to meet specific needs across
                                                                     22                                  urban, suburban, or rural areas as deter-
                                                                     23                                  mined by the State; and
                                                                     24                                          ‘‘(iii) show evidence of collaboration




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                                                                     25                                  with—


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                                                                       1                                                  ‘‘(I) local government officials;
                                                                       2                                                  ‘‘(II) other State agencies;
                                                                       3                                                  ‘‘(III) nongovernmental organiza-
                                                                       4                                         tions, such as—
                                                                       5                                                           ‘‘(aa) organizations within
                                                                       6                                                  the philanthropic community;
                                                                       7                                                           ‘‘(bb) certified community
                                                                       8                                                  development financial institutions
                                                                       9                                                  as defined in section 103 of the
                                                                     10                                                   Community Development Bank-
                                                                     11                                                   ing and Financial Institutions
                                                                     12                                                   Act of 1994 (12 U.S.C. 4702)
                                                                     13                                                   that have been certified by the
                                                                     14                                                   Community Development Finan-
                                                                     15                                                   cial Institutions Fund (12 U.S.C.
                                                                     16                                                   4703); and
                                                                     17                                                            ‘‘(cc)          organizations              that
                                                                     18                                                   have         demonstrated                     experience
                                                                     19                                                   in—
                                                                     20                                                                     ‘‘(AA) providing tech-
                                                                     21                                                            nical or financial assistance
                                                                     22                                                            for the acquisition, construc-
                                                                     23                                                            tion, renovation, or improve-
                                                                     24                                                            ment of child care facilities;




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                                                                       1                                                                    ‘‘(BB) providing tech-
                                                                       2                                                           nical, financial, or manage-
                                                                       3                                                           rial assistance to child care
                                                                       4                                                           providers; and
                                                                       5                                                                    ‘‘(CC) securing private
                                                                       6                                                           sources of capital financing
                                                                       7                                                           for child care facilities or
                                                                       8                                                           other low-income community
                                                                       9                                                           development projects; and
                                                                     10                                                   ‘‘(IV) local community organiza-
                                                                     11                                          tions, such as—
                                                                     12                                                            ‘‘(aa) child care providers;
                                                                     13                                                            ‘‘(bb) community care agen-
                                                                     14                                                   cies;
                                                                     15                                                            ‘‘(cc) resource and referral
                                                                     16                                                   agencies; and
                                                                     17                                                            ‘‘(dd) unions.
                                                                     18                                  ‘‘(F) CONSIDERATION.—In selecting States
                                                                     19                         for grants under this subsection, the Secretary
                                                                     20                         shall consider—
                                                                     21                                          ‘‘(i) whether the applicant—
                                                                     22                                                   ‘‘(I) has or is developing a plan
                                                                     23                                          to address child care facility needs;
                                                                     24                                          and




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                                                                       1                                                  ‘‘(II) demonstrates the capacity
                                                                       2                                         to execute such a plan; and
                                                                       3                                         ‘‘(ii) after the date the report required
                                                                       4                                 by subsection (b)(1)(C) is submitted to the
                                                                       5                                 Congress, the needs of the applicants
                                                                       6                                 based on the results of the assessment.
                                                                       7                                 ‘‘(G) DIVERSITY OF AWARDS.—In award-
                                                                       8                        ing grants under this section, the Secretary
                                                                       9                        shall give equal consideration to States with
                                                                     10                         varying capacities under subparagraph (F).
                                                                     11                                  ‘‘(H) MATCHING REQUIREMENT.—
                                                                     12                                          ‘‘(i) IN GENERAL.—As a condition for
                                                                     13                                  the receipt of a grant under subparagraph
                                                                     14                                  (A), a State that is not an Indian tribe
                                                                     15                                  shall agree to make available (directly or
                                                                     16                                  through donations from public or private
                                                                     17                                  entities) contributions with respect to the
                                                                     18                                  cost of the activities to be carried out pur-
                                                                     19                                  suant to subparagraph (A), which may be
                                                                     20                                  provided in cash or in kind, in an amount
                                                                     21                                  equal to 10 percent of the funds provided
                                                                     22                                  through the grant.
                                                                     23                                          ‘‘(ii) DETERMINATION                            OF     AMOUNT

                                                                     24                                  CONTRIBUTED.—Contributions required by




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                                                                     25                                  clause (i) may include—


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                                                                       1                                                  ‘‘(I) amounts provided by the
                                                                       2                                         Federal Government, or services as-
                                                                       3                                         sisted or subsidized to any significant
                                                                       4                                         extent by the Federal Government; or
                                                                       5                                                  ‘‘(II) philanthropic or private-sec-
                                                                       6                                         tor funds.
                                                                       7                                 ‘‘(I) REPORT.—Not later than 6 months
                                                                       8                        after the last day of the grant period, a State
                                                                       9                        receiving a grant under this paragraph shall
                                                                     10                         submit a report to the Secretary as described in
                                                                     11                         subparagraph (D)—
                                                                     12                                          ‘‘(i) to determine the effects of the
                                                                     13                                  grant in constructing, renovating, or im-
                                                                     14                                  proving child care facilities, including any
                                                                     15                                  changes in response to the COVID–19
                                                                     16                                  pandemic and any effects on access to and
                                                                     17                                  quality of child care; and
                                                                     18                                          ‘‘(ii) to provide such other information
                                                                     19                                  as the Secretary may require.
                                                                     20                                  ‘‘(J) AMOUNT LIMIT.—The annual amount
                                                                     21                         of a grant under this paragraph may not exceed
                                                                     22                         $35,000,000.
                                                                     23                         ‘‘(2) GRANTS                TO       INTERMEDIARY                   ORGANIZA-

                                                                     24               TIONS.—




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                                                                       1                                 ‘‘(A) IN GENERAL.—The Secretary may
                                                                       2                        award grants to intermediary organizations,
                                                                       3                        such as certified community development finan-
                                                                       4                        cial institutions, tribal organizations, or other
                                                                       5                        organizations with demonstrated experience in
                                                                       6                        child care facilities financing, for the purpose of
                                                                       7                        providing technical assistance, capacity build-
                                                                       8                        ing, and financial products to develop or finance
                                                                       9                        child care facilities.
                                                                     10                                  ‘‘(B) APPLICATION.—A grant under this
                                                                     11                         paragraph may be made only to intermediary
                                                                     12                         organizations that submit to the Secretary an
                                                                     13                         application at such time, in such manner, and
                                                                     14                         containing such information as the Secretary
                                                                     15                         may require.
                                                                     16                                  ‘‘(C) PRIORITY.—In selecting intermediary
                                                                     17                         organizations for grants under this subsection,
                                                                     18                         the Secretary shall prioritize intermediary orga-
                                                                     19                         nizations that—
                                                                     20                                          ‘‘(i) demonstrate experience in child
                                                                     21                                  care facility financing or related commu-
                                                                     22                                  nity facility financing;
                                                                     23                                          ‘‘(ii) demonstrate the capacity to as-
                                                                     24                                  sist States and local governments in devel-




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                                                                     25                                  oping child care facilities and programs;


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                                                                       1                                         ‘‘(iii) demonstrate the ability to lever-
                                                                       2                                 age grant funding to support financing
                                                                       3                                 tools to build the capacity of child care
                                                                       4                                 providers, such as through credit enhance-
                                                                       5                                 ments;
                                                                       6                                         ‘‘(iv) propose to meet a diversity of
                                                                       7                                 needs across States and across urban, sub-
                                                                       8                                 urban, and rural areas at varying types of
                                                                       9                                 center-based, home-based, and other child
                                                                     10                                  care settings, including early care pro-
                                                                     11                                  grams located in freestanding buildings or
                                                                     12                                  in mixed-use properties; and
                                                                     13                                          ‘‘(v) propose to focus on child care fa-
                                                                     14                                  cilities primarily serving low-income popu-
                                                                     15                                  lations and children who have not attained
                                                                     16                                  the age of 5 years.
                                                                     17                                  ‘‘(D) AMOUNT LIMIT.—The amount of a
                                                                     18                         grant under this paragraph may not exceed
                                                                     19                         $10,000,000.
                                                                     20                         ‘‘(3) REPORT.—Not later than the end of fiscal
                                                                     21               year 2024, the Secretary shall submit to the Con-
                                                                     22               gress a report on the effects of the grants provided
                                                                     23               under this subsection, and make the report pub-
                                                                     24               lically accessible.




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                                                                       1              ‘‘(d) LIMITATIONS ON AUTHORIZATION OF APPRO-
                                                                       2     PRIATIONS.—

                                                                       3                        ‘‘(1) IN GENERAL.—To carry out this section,
                                                                       4              there              is     authorized                  to        be         appropriated
                                                                       5              $10,000,000,000 for fiscal year 2020, which shall
                                                                       6              remain available through fiscal year 2024.
                                                                       7                        ‘‘(2) RESERVATIONS OF FUNDS.—
                                                                       8                                 ‘‘(A) INDIAN TRIBES.—The Secretary shall
                                                                       9                        reserve 3 percent of the total amount made
                                                                     10                         available to carry out this section, for payments
                                                                     11                         to Indian tribes.
                                                                     12                                  ‘‘(B) TERRITORIES.—The Secretary shall
                                                                     13                         reserve 3 percent of the total amount made
                                                                     14                         available to carry out this section, for payments
                                                                     15                         to territories.
                                                                     16                         ‘‘(3) GRANTS FOR INTERMEDIARY ORGANIZA-
                                                                     17               TIONS.—Not                less than 10 percent and not more
                                                                     18               than 15 percent of the total amount made available
                                                                     19               to carry out this section may be used to carry out
                                                                     20               subsection (c)(2).
                                                                     21                         ‘‘(4) LIMITATION                     ON       USE       OF       FUNDS   FOR

                                                                     22               NEEDS ASSESSMENTS.—Not more than $5,000,000

                                                                     23               of the amounts made available to carry out this sec-
                                                                     24               tion may be used to carry out subsection (b).




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                                                                       1              ‘‘(e) DEFINITION OF STATE.—In this section, the
                                                                       2 term ‘State’ has the meaning provided in section 419, ex-
                                                                       3 cept that it includes the Commonwealth of the Northern
                                                                       4 Mariana Islands and any Indian tribe.’’.
                                                                       5              (b) EXEMPTION OF TERRITORY GRANTS FROM LIMI-
                                                                       6     TATION ON TOTAL PAYMENTS TO THE TERRITORIES.—

                                                                       7 Section 1108(a)(2) of such Act (42 U.S.C. 1308(a)(2))
                                                                       8 is amended by inserting ‘‘418A(c),’’ after ‘‘413(f),’’.
                                                                                                                                Æ




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