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H.R. 7327, Child Care for Economic Recovery Act (July 30, 2020)

Summary

H.R. 7327 is an Act making additional supplemental appropriations for disaster relief requirements for the fiscal year ending September 30, 2020, and for other purposes. The Senate received it on July 30, 2020, read it twice, and referred it to the Committee on Appropriations. Division A, Emergency Child Care Support Appropriations, begins with $5,000,000 for Taxpayer Services for grants under the Community Volunteer Income Tax Assistance Matching Grants Program. Later sections cover the refundability and enhancement of the child and dependent care tax credit, the exclusion for employer-provided dependent care assistance, and a payroll credit for fixed expenses of child care facilities subject to closure by reason of COVID–19.

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Congressional materials
Document type
Bills Bills 116Hr7327Rfs Bills 116Hr7327Rfs
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Bills Bills 116Hr7327Rfs Bills 116Hr7327Rfs

Cite this document

“H.R. 7327, Child Care for Economic Recovery Act (July 30, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr7327rfs-bills-116hr7327rfs/, SHA-256 a66fa206177f766dbc5a65b817aef422a4c3c9d1df859753c285c6d9696cf700.

Full text

                                                                                                                                                                           IIB




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                             H. R. 7327

                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                         JULY 30, 2020
                                                                              Received; read twice and referred to the Committee on Appropriations




                                                                                                               AN ACT
                                                                       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,




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                                                                          1        SECTION 1. SHORT TITLE.

                                                                          2               This Act may be cited as the ‘‘Child Care for Eco-
                                                                          3 nomic Recovery Act’’.
                                                                          4        SEC. 2. REFERENCES.

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

                                                                       18                 For an additional amount for ‘‘Taxpayer Services’’,
                                                                       19 $5,000,000, to remain available until expended, for mak-
                                                                       20 ing grants under the Community Volunteer Income Tax
                                                                       21 Assistance Matching Grants Program established under
                                                                       22 section 7526A of the Internal Revenue Code of 1986: Pro-
                                                                       23 vided, That the matching funds requirement in section
                                                                       24 7526A(b)(2) shall not apply to funds made available under




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                                                                       25 this heading in this Act: Provided further, That such
                                                                       26 amount is designated by the Congress as being for an
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                                                                          1 emergency                       requirement                   pursuant                 to      section
                                                                          2 251(b)(2)(A)(i) of the Balanced Budget and Emergency
                                                                          3 Deficit Control Act of 1985.
                                                                          4            TITLE II—DEPARTMENT OF HEALTH AND
                                                                          5                                      HUMAN SERVICES
                                                                          6             ADMINISTRATION FOR CHILDREN AND FAMILIES
                                                                          7                            SOCIAL SERVICES BLOCK GRANT

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

                                                                       20                For an additional amount for ‘‘Child Care and Devel-
                                                                       21 opment Fund’’, $10,000,000,000, to remain available
                                                                       22 until September 30, 2024, for necessary expenses for in-
                                                                       23 frastructure grants to improve child care safety, including




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                                                                       24 needs assessments, pursuant to section 418A of Part A
                                                                       25 of title IV of the Social Security Act, as added by division


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




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                                                                       24 priations accounts shall be available under the authorities




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                                                                          1 and conditions applicable to such appropriations accounts
                                                                          2 for fiscal year 2020.
                                                                          3              SEC. 304. Each amount designated in this Act by the
                                                                          4 Congress as being for an emergency requirement pursuant
                                                                          5 to section 251(b)(2)(A)(i) of the Balanced Budget and
                                                                          6 Emergency Deficit Control Act of 1985 shall be available
                                                                          7 (or rescinded or transferred, if applicable) only if the
                                                                          8 President subsequently so designates all such amounts
                                                                          9 and transmits such designations to the Congress.
                                                                       10                SEC. 305. Any amount appropriated by this Act, des-
                                                                       11 ignated by the Congress as an emergency requirement
                                                                       12 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
                                                                       13 et and Emergency Deficit Control Act of 1985 and subse-
                                                                       14 quently so designated by the President, and transferred
                                                                       15 pursuant to transfer authorities provided by this Act shall
                                                                       16 retain such designation.
                                                                       17                                        BUDGETARY EFFECTS

                                                                       18                SEC. 306. (a) STATUTORY PAYGO SCORECARDS.—
                                                                       19 The budgetary effects of division B shall not be entered
                                                                       20 on either PAYGO scorecard maintained pursuant to sec-
                                                                       21 tion 4(d) of the Statutory Pay-As-You-Go Act of 2010.
                                                                       22                (b) SENATE PAYGO SCORECARDS.—The budgetary
                                                                       23 effects of division B shall not be entered on any PAYGO




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                                                                       24 scorecard maintained for purposes of section 4106 of H.
                                                                       25 Con. Res. 71 (115th Congress).


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

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

                                                                       20                                   AND DEPENDENT CARE TAX CREDIT.

                                                                       21                 (a) TREATMENT OF CREDIT AS REFUNDABLE.—Sec-
                                                                       22 tion 21 of the Internal Revenue Code of 1986 is amended
                                                                       23 by adding at the end the following new subsection:




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                                                                       24                 ‘‘(g) TREATMENT OF CREDIT AS REFUNDABLE.—In
                                                                       25 the case of an individual other than a nonresident alien,


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                                                                          1 the credit allowed under subsection (a) shall be treated
                                                                          2 as a credit allowed under subpart C (and not allowed
                                                                          3 under this subpart).’’.
                                                                          4               (b) INCREASE IN APPLICABLE PERCENTAGE.—Sec-
                                                                          5 tion 21(a)(2) of such Code is amended—
                                                                          6                        (1) by striking ‘‘35 percent’’ and inserting ‘‘50
                                                                          7               percent’’, and
                                                                          8                        (2)       by         striking        ‘‘$15,000’’             and         inserting
                                                                          9               ‘‘$120,000’’.
                                                                       10                 (c) INCREASE IN DOLLAR LIMIT ON AMOUNT CRED-
                                                                       11          ITABLE.—Section 21(c) of such Code is amended—

                                                                       12                          (1) by striking ‘‘$3,000’’ in paragraph (1) and
                                                                       13                 inserting ‘‘$6,000’’, and
                                                                       14                          (2) by striking ‘‘$6,000’’ in paragraph (2) and
                                                                       15                 inserting ‘‘twice the amount in effect under para-
                                                                       16                 graph (1)’’.
                                                                       17                 (d) INFLATION ADJUSTMENT.—Section 21(e) of such
                                                                       18 Code is amended by adding at the end the following new
                                                                       19 paragraph:
                                                                       20                          ‘‘(11) INFLATION ADJUSTMENT.—In the case of
                                                                       21                 any taxable year beginning after December 31,
                                                                       22                 2020, the $120,000 amount in subsection (a)(2) and
                                                                       23                 the $6,000 amount in subsection (c)(1) shall each be




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                                                                       24                 increased by an amount equal to—
                                                                       25                                   ‘‘(A) such dollar amount, multiplied by


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                                                                          1                                 ‘‘(B) the cost-of-living adjustment deter-
                                                                          2                        mined under section 1(f)(3) for the calendar
                                                                          3                        year in which the taxable year begins, deter-
                                                                          4                        mined by substituting ‘2019’ for ‘2016’ in sub-
                                                                          5                        paragraph (A)(ii) thereof.
                                                                          6               If any increase determined under this paragraph is
                                                                          7               not a multiple of $100, such increase shall be round-
                                                                          8               ed to the next highest multiple of $100.’’.
                                                                          9               (e) CONFORMING AMENDMENT.—Section 1324(b)(2)
                                                                       10 of title 31, United States Code, is amended by inserting
                                                                       11 ‘‘21 (by reason of subsection (g) thereof),’’ before ‘‘25A’’.
                                                                       12                 (f) COORDINATION WITH POSSESSION TAX SYS-
                                                                       13          TEMS.—Section 21(g)(1) of the Internal Revenue Code of

                                                                       14 1986 (as added by this section) shall not apply to any per-
                                                                       15 son—
                                                                       16                          (1) to whom a credit is allowed against taxes
                                                                       17                 imposed by a possession with a mirror code tax sys-
                                                                       18                 tem by reason of the application of section 21 of
                                                                       19                 such Code in such possession for such taxable year,
                                                                       20                 or
                                                                       21                          (2) to whom a credit would be allowed against
                                                                       22                 taxes imposed by a possession which does not have
                                                                       23                 a mirror code tax system if the provisions of section




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                                                                       24                 21 of such Code had been in effect in such posses-
                                                                       25                 sion for such taxable year.


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                                                                          1              (g) EFFECTIVE DATE.—The amendments made by
                                                                          2 this section shall apply to taxable years beginning after
                                                                          3 December 31, 2019.
                                                                          4        SEC. 403. INCREASE IN EXCLUSION FOR EMPLOYER-PRO-

                                                                          5                                VIDED DEPENDENT CARE ASSISTANCE.

                                                                          6              (a) IN GENERAL.—Section 129(a)(2)(A) of the Inter-
                                                                          7 nal Revenue Code of 1986 is amended by striking ‘‘$5,000
                                                                          8 ($2,500’’ and inserting ‘‘$10,500 (half such dollar
                                                                          9 amount’’.
                                                                       10                (b) INFLATION ADJUSTMENT.—Section 129(a)(2) is
                                                                       11 amended by adding at the end the following new subpara-
                                                                       12 graph:
                                                                       13                                   ‘‘(D) INFLATION                     ADJUSTMENT.—In             the
                                                                       14                         case of any taxable year beginning after Decem-
                                                                       15                         ber 31, 2020, the $10,500 amount in subpara-
                                                                       16                         graph (A) shall be increased by an amount
                                                                       17                         equal to—
                                                                       18                                          ‘‘(i) such dollar amount, multiplied by
                                                                       19                                          ‘‘(ii) the cost-of-living adjustment de-
                                                                       20                                   termined under section 1(f)(3) for the cal-
                                                                       21                                   endar year in which the taxable year be-
                                                                       22                                   gins, determined by substituting ‘2019’ for
                                                                       23                                   ‘2016’ in subparagraph (A)(ii) thereof.




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                                                                       24                         Any increase determined under the preceding
                                                                       25                         sentence which is not a multiple of $50, shall


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                                                                          1                       be rounded to the next highest multiple of
                                                                          2                       $50.’’.
                                                                          3              (c) EFFECTIVE DATE.—The amendment made by
                                                                          4 this section shall apply to taxable years beginning after
                                                                          5 December 31, 2019.
                                                                          6              (d) PLAN AMENDMENTS.—A plan or other arrange-
                                                                          7 ment that otherwise satisfies all applicable requirements
                                                                          8 of sections 106, 125, and 129 of the Internal Revenue
                                                                          9 Code of 1986 (including any rules or regulations there-
                                                                       10 under) shall not fail to be treated as a cafeteria plan or
                                                                       11 dependent care flexible spending arrangement merely be-
                                                                       12 cause such plan or arrangement is amended pursuant to
                                                                       13 the amendments made by this section and such amend-
                                                                       14 ment is retroactive, if—
                                                                       15                         (1) such amendment is adopted no later than
                                                                       16                the last day of the first plan year beginning after
                                                                       17                December 31, 2019, and
                                                                       18                         (2) the plan or arrangement is operated con-
                                                                       19                sistent with the terms of such amendment during
                                                                       20                the period beginning on the effective date of the
                                                                       21                amendment and ending on the date the amendment
                                                                       22                is adopted.




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                                                                          1        SEC. 404. PAYROLL CREDIT FOR CERTAIN FIXED EXPENSES

                                                                          2                                 OF CHILD CARE FACILITIES SUBJECT TO

                                                                          3                                 CLOSURE BY REASON OF COVID–19.

                                                                          4               (a) IN GENERAL.—In the case of an eligible em-
                                                                          5 ployer, there shall be allowed as a credit against applicable
                                                                          6 employment taxes for each calendar quarter an amount
                                                                          7 equal to 50 percent of the qualified fixed expenses paid
                                                                          8 or incurred by such employer during such calendar quar-
                                                                          9 ter.
                                                                       10                 (b) LIMITATIONS AND REFUNDABILITY.—
                                                                       11                          (1) OVERALL                     QUARTERLY               DOLLAR           LIMITA-

                                                                       12                 TION.—The qualified fixed expenses which may be

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




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                                                                       25                                    calendar quarter, or


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                                                                          1                                        (ii) 6.25 percent of the gross receipts
                                                                          2                                of the eligible employer for calendar year
                                                                          3                                2019.
                                                                          4                       (2) PER FACILITY QUARTERLY DOLLAR LIMITA-
                                                                          5              TION.—The qualified fixed expenses which may be

                                                                          6              taken into account under subsection (a) by any eligi-
                                                                          7              ble employer for any calendar quarter with respect
                                                                          8              to any facility of such employer shall not exceed
                                                                          9              $50,000.
                                                                       10                         (3) CREDIT LIMITED TO CERTAIN EMPLOYMENT
                                                                       11                TAXES.—The credit allowed by subsection (a) with

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




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                                                                       24                         tion of paragraph (3) for any calendar quarter,
                                                                       25                         such excess shall be treated as an overpayment


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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                (c) DEFINITIONS.—For purposes of this section—
                                                                       11                         (1) APPLICABLE                       EMPLOYMENT                  TAXES.—The

                                                                       12                term ‘‘applicable employment taxes’’ means the fol-
                                                                       13                lowing:
                                                                       14                                  (A) The taxes imposed under section
                                                                       15                         3111(a) of the Internal Revenue Code of 1986.
                                                                       16                                  (B) So much of the taxes imposed under
                                                                       17                         section 3221(a) of such Code as are attrib-
                                                                       18                         utable to the rate in effect under section
                                                                       19                         3111(a) of such Code.
                                                                       20                         (2) ELIGIBLE EMPLOYER.—
                                                                       21                                  (A) IN GENERAL.—The term ‘‘eligible em-
                                                                       22                         ployer’’ means any employer—
                                                                       23                                          (i) which was carrying on a trade or




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                                                                       24                                  business engaged in the provision of child
                                                                       25                                  care assistance at a qualified child care fa-


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                                                                          1                                cility (within the meaning of section
                                                                          2                                45F(c)(2)(A) of such Code without regard
                                                                          3                                to the last sentence thereof) at any time
                                                                          4                                during calendar year 2020, and
                                                                          5                                        (ii) with respect to any calendar quar-
                                                                          6                                ter, for which—
                                                                          7                                                 (I) the operation of the trade or
                                                                          8                                        business described in clause (i) is fully
                                                                          9                                        or partially suspended during the cal-
                                                                       10                                          endar quarter due to orders from an
                                                                       11                                          appropriate governmental authority
                                                                       12                                          limiting commerce, travel, or group
                                                                       13                                          meetings (for commercial, social, reli-
                                                                       14                                          gious, or other purposes) due to the
                                                                       15                                          coronavirus disease 2019 (COVID–
                                                                       16                                          19), or
                                                                       17                                                   (II) such calendar quarter is
                                                                       18                                          within the period described in sub-
                                                                       19                                          paragraph (B).
                                                                       20                                  (B) SIGNIFICANT DECLINE IN GROSS RE-
                                                                       21                         CEIPTS.—The period described in this subpara-

                                                                       22                         graph is the period—
                                                                       23                                          (i) beginning with the first calendar




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                                                                       24                                  quarter beginning after December 31,
                                                                       25                                  2019, for which gross receipts (within the


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                                                                          1                                meaning of section 448(c) of the Internal
                                                                          2                                Revenue Code of 1986) for the calendar
                                                                          3                                quarter are less than 90 percent of gross
                                                                          4                                receipts for the same calendar quarter in
                                                                          5                                the prior year, and
                                                                          6                                        (ii) ending with the calendar quarter
                                                                          7                                following the first calendar quarter begin-
                                                                          8                                ning after a calendar quarter described in
                                                                          9                                clause (i) for which gross receipts of such
                                                                       10                                  employer are greater than 90 percent of
                                                                       11                                  gross receipts for the same calendar quar-
                                                                       12                                  ter in the prior year.
                                                                       13                                  (C) TAX-EXEMPT ORGANIZATIONS.—In the
                                                                       14                         case of an organization which is described in
                                                                       15                         section 501(c) of the Internal Revenue Code of
                                                                       16                         1986 and exempt from tax under section 501(a)
                                                                       17                         of such Code—
                                                                       18                                          (i) any reference in this section to a
                                                                       19                                  trade or business shall be treated as a ref-
                                                                       20                                  erence to the operations of such organiza-
                                                                       21                                  tion which are related to the provision of
                                                                       22                                  child care assistance (within the meaning
                                                                       23                                  of subparagraph (A)(i)), and




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                                                                       24                                          (ii) any reference in this section to
                                                                       25                                  gross receipts shall be treated as a ref-


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                                                                          1                                erence to gross receipts within the meaning
                                                                          2                                of section 6033 of the Internal Revenue
                                                                          3                                Code of 1986.
                                                                          4                                (D) PHASE-IN OF CREDIT WHERE BUSI-
                                                                          5                       NESS         NOT       SUSPENDED                 AND       REDUCTION          IN

                                                                          6                       GROSS RECEIPTS LESS THAN 50 PERCENT.—

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

                                                                       21                                  CENTAGE POINT AMOUNT.—For                                       purposes
                                                                       22                                  of this subparagraph, the term ‘‘excess
                                                                       23                                  gross receipts percentage point amount’’




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                                                                       24                                  means, with respect to any calendar quar-
                                                                       25                                  ter, the excess of—


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                                                                          1                                                 (I) the lowest of the gross re-
                                                                          2                                        ceipts percentage point amounts de-
                                                                          3                                        termined with respect to any calendar
                                                                          4                                        quarter during the period ending with
                                                                          5                                        such calendar quarter and beginning
                                                                          6                                        with the first calendar quarter during
                                                                          7                                        the period described in subparagraph
                                                                          8                                        (B), over
                                                                          9                                                 (II) 50 percentage points.
                                                                       10                                          (iii) GROSS                RECEIPTS             PERCENTAGE

                                                                       11                                  POINT AMOUNTS.—For                             purposes of this
                                                                       12                                  subparagraph, the term ‘‘gross receipts
                                                                       13                                  percentage point amount’’ means, with re-
                                                                       14                                  spect to any calendar quarter, the percent-
                                                                       15                                  age (expressed as a number of percentage
                                                                       16                                  points) obtained by dividing—
                                                                       17                                                   (I) the gross receipts (within the
                                                                       18                                          meaning of subparagraph (B)) for
                                                                       19                                          such calendar quarter, by
                                                                       20                                                   (II) the gross receipts for the
                                                                       21                                          same calendar quarter in calendar
                                                                       22                                          year 2019.
                                                                       23                         (3) QUALIFIED FIXED EXPENSES.—




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                                                                       24                                  (A) IN           GENERAL.—The                    term ‘‘qualified
                                                                       25                         fixed expenses’’ means the payment or accrual,


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




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                                                                       24                         pensation (as defined in section 3231(e) of such
                                                                       25                         Code). For purposes of the preceding sentence


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                                                                          1                       (other than for purposes of subsection (b)(2)),
                                                                          2                       wages as defined in section 3121(a) of such
                                                                          3                       Code shall be determined without regard to
                                                                          4                       paragraphs (1), (8), (10), (13), (18), (19), and
                                                                          5                       (22) of section 3121(b) of such Code.
                                                                          6                                (B) ALLOWANCE FOR CERTAIN HEALTH
                                                                          7                       PLAN EXPENSES.—

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




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                                                                       24                                  manner as the Secretary may prescribe.
                                                                       25                                  Except as otherwise provided by the Sec-


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                                                                          1                                retary, such allocation shall be treated as
                                                                          2                                properly made if made on the basis of
                                                                          3                                being pro rata among periods of coverage.
                                                                          4                       (6) EMPLOYER.—The term ‘‘employer’’ means
                                                                          5              any employer (as defined in section 3401(d) of such
                                                                          6              Code) of at least one employee on any day in cal-
                                                                          7              endar year 2020.
                                                                          8                       (7) OTHER TERMS.—Except as otherwise pro-
                                                                          9              vided in this section, any term used in this section
                                                                       10                which is also used in chapter 21 or 22 of the Inter-
                                                                       11                nal Revenue Code of 1986 shall have the same
                                                                       12                meaning as when used in such chapter.
                                                                       13                (d) AGGREGATION RULE.—All persons treated as a
                                                                       14 single employer under subsection (a) or (b) of section 52
                                                                       15 of the Internal Revenue Code of 1986, or subsection (m)
                                                                       16 or (o) of section 414 of such Code, shall be treated as
                                                                       17 one employer for purposes of this section.
                                                                       18                (e) DENIAL OF DOUBLE BENEFIT.—For purposes of
                                                                       19 chapter 1 of such Code, the gross income of any eligible
                                                                       20 employer, for the taxable year which includes the last day
                                                                       21 of any calendar quarter with respect to which a credit is
                                                                       22 allowed under this section, shall be increased by the
                                                                       23 amount of such credit.




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                                                                       24                (f) CERTAIN GOVERNMENTAL EMPLOYERS.—




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                                                                          1                       (1) IN GENERAL.—The credit under this section
                                                                          2              shall not be allowed to the Federal Government, the
                                                                          3              government of any State, of the District of Colum-
                                                                          4              bia, or of any possession of the United States, any
                                                                          5              tribal government, or any political subdivision, agen-
                                                                          6              cy, or instrumentality of any of the foregoing.
                                                                          7                       (2) EXCEPTION.—Paragraph (1) shall not
                                                                          8              apply to any organization described in section
                                                                          9              501(c)(1) of the Internal Revenue Code of 1986 and
                                                                       10                exempt from tax under section 501(a) of such Code.
                                                                       11                (g) ELECTION NOT TO HAVE SECTION APPLY.—
                                                                       12 This section shall not apply with respect to any eligible
                                                                       13 employer for any calendar quarter if such employer elects
                                                                       14 (at such time and in such manner as the Secretary may
                                                                       15 prescribe) not to have this section apply.
                                                                       16                (h) TRANSFERS TO CERTAIN TRUST FUNDS.—There
                                                                       17 are hereby appropriated to the Federal Old-Age and Sur-
                                                                       18 vivors Insurance Trust Fund and the Federal Disability
                                                                       19 Insurance Trust Fund established under section 201 of
                                                                       20 the Social Security Act (42 U.S.C. 401) and the Social
                                                                       21 Security Equivalent Benefit Account established under
                                                                       22 section 15A(a) of the Railroad Retirement Act of 1974
                                                                       23 (45 U.S.C. 231n–1(a)) amounts equal to the reduction in




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                                                                       24 revenues to the Treasury by reason of this section (without
                                                                       25 regard to this subsection). Amounts appropriated by the


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                                                                          1 preceding sentence shall be transferred from the general
                                                                          2 fund at such times and in such manner as to replicate
                                                                          3 to the extent possible the transfers which would have oc-
                                                                          4 curred to such Trust Fund or Account had this section
                                                                          5 not been enacted.
                                                                          6              (i) TREATMENT OF DEPOSITS.—The Secretary shall
                                                                          7 waive any penalty under section 6656 of such Code for
                                                                          8 any failure to make a deposit of applicable employment
                                                                          9 taxes if the Secretary determines that such failure was due
                                                                       10 to the anticipation of the credit allowed under this section.
                                                                       11                (j) THIRD-PARTY PAYORS.—Any credit allowed
                                                                       12 under this section shall be treated as a credit described
                                                                       13 in section 3511(d)(2) of such Code.
                                                                       14                (k) REGULATIONS AND GUIDANCE.—The Secretary
                                                                       15 shall issue such forms, instructions, regulations, and guid-
                                                                       16 ance as are necessary—
                                                                       17                         (1) to allow the advance payment of the credit
                                                                       18                under subsection (a), subject to the limitations pro-
                                                                       19                vided in this section, based on such information as
                                                                       20                the Secretary shall require,
                                                                       21                         (2) regulations or other guidance to provide for
                                                                       22                the reconciliation of such advance payment with the
                                                                       23                amount of the credit at the time of filing the return




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                                                                       24                of tax for the applicable quarter or taxable year,




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




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                                                                          1        SEC. 405. PAYROLL CREDIT FOR CERTAIN EMPLOYEE DE-

                                                                          2                                PENDENT CARE EXPENSES PAID BY EMPLOY-

                                                                          3                                ERS.

                                                                          4              (a) IN GENERAL.—In the case of an employer, there
                                                                          5 shall be allowed as a credit against applicable employment
                                                                          6 taxes for each calendar quarter an amount equal to 30
                                                                          7 percent of the qualified employee dependent care expenses
                                                                          8 paid by such employer with respect to such calendar quar-
                                                                          9 ter.
                                                                       10                (b) LIMITATIONS AND REFUNDABILITY.—
                                                                       11                         (1) DOLLAR LIMITATION PER EMPLOYEE.—The
                                                                       12                qualified employee dependent care expenses which
                                                                       13                may be taken into account under subsection (a) with
                                                                       14                respect to any employee for any calendar quarter
                                                                       15                shall not exceed $2,500.
                                                                       16                         (2) CREDIT LIMITED TO CERTAIN EMPLOYMENT
                                                                       17                TAXES.—The credit allowed by subsection (a) with

                                                                       18                respect to any calendar quarter shall not exceed the
                                                                       19                applicable employment taxes for such calendar quar-
                                                                       20                ter (reduced by any credits allowed under sub-
                                                                       21                sections (e) and (f) of section 3111 of such Code,
                                                                       22                sections 7001 and 7003 of the Families First
                                                                       23                Coronavirus Response Act, section 2301 of the
                                                                       24                CARES Act, and section 4 of this Act, for such




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                                                                       25                quarter) on the wages paid with respect to the em-


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                                                                          1               ployment of all the employees of the employer for
                                                                          2               such calendar quarter.
                                                                          3                        (3) REFUNDABILITY OF EXCESS CREDIT.—
                                                                          4                                 (A) IN GENERAL.—If the amount of the
                                                                          5                        credit under subsection (a) exceeds the limita-
                                                                          6                        tion of paragraph (2) for any calendar quarter,
                                                                          7                        such excess shall be treated as an overpayment
                                                                          8                        that shall be refunded under sections 6402(a)
                                                                          9                        and 6413(b) of the Internal Revenue Code of
                                                                       10                          1986.
                                                                       11                                   (B) TREATMENT OF PAYMENTS.—For pur-
                                                                       12                          poses of section 1324 of title 31, United States
                                                                       13                          Code, any amounts due to an employer under
                                                                       14                          this paragraph shall be treated in the same
                                                                       15                          manner as a refund due from a credit provision
                                                                       16                          referred to in subsection (b)(2) of such section.
                                                                       17                          (4)         COORDINATION                       WITH              GOVERNMENT

                                                                       18                 GRANTS.—The                   qualified employee dependent care
                                                                       19                 expenses taken into account under this section by
                                                                       20                 any employer shall be reduced by any amounts pro-
                                                                       21                 vided by any Federal, State, or local government for
                                                                       22                 purposes of making or reimbursing such expenses.
                                                                       23                 (c) QUALIFIED EMPLOYEE DEPENDENT CARE EX-




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                                                                       24          PENSES.—For purposes of this section, the term ‘‘quali-

                                                                       25 fied employee dependent care expenses’’ means any


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                                                                          1 amount paid to or for the benefit of an employee in the
                                                                          2 employment of the employer if—
                                                                          3                       (1) such amount is dependent care assistance
                                                                          4              (as defined in section 129(e)(1) of the Internal Rev-
                                                                          5              enue Code of 1986), and
                                                                          6                       (2) the employer elects (at such time and in
                                                                          7              such manner as the Secretary may provide) to treat
                                                                          8              such amount as a qualified employee dependent care
                                                                          9              expense.
                                                                       10                (d) SPECIAL RULES; OTHER DEFINITIONS.—
                                                                       11                         (1) APPLICATION OF CERTAIN NON-DISCRIMINA-
                                                                       12                TION RULES.—No credit shall be allowed under this

                                                                       13                section to any employer for any calendar quarter if
                                                                       14                qualified employee dependent care expenses are pro-
                                                                       15                vided by such employer to employees for such cal-
                                                                       16                endar quarter in a manner which discriminates in
                                                                       17                favor of highly compensated individuals (within the
                                                                       18                meaning of section 125) as to eligibility for, or the
                                                                       19                amount of, such benefit expenses.
                                                                       20                         (2) DENIAL OF DOUBLE BENEFIT.—For pur-
                                                                       21                poses of chapter 1 of such Code, no deduction or
                                                                       22                credit (other than the credit allowed under this sec-
                                                                       23                tion) shall be allowed for so much of qualified em-




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                                                                       24                ployee dependent care expenses as is equal to the
                                                                       25                credit allowed under this section.


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                                                                          1                       (3) THIRD-PARTY PAYORS.—Any credit allowed
                                                                          2              under this section shall be treated as a credit de-
                                                                          3              scribed in section 3511(d)(2) of such Code.
                                                                          4                       (4) APPLICABLE                       EMPLOYMENT                  TAXES.—For

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

                                                                       23                         INTO ACCOUNT EXCEPT FOR PURPOSES OF LIM-




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                                                                       24                         ITING CREDIT TO EMPLOYMENT TAXES.—For

                                                                       25                         purposes of subparagraph (A) (other than with


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                                                                          1                       respect to subsection (b)(2)), section 3121(b) of
                                                                          2                       such Code shall be applied without regard to
                                                                          3                       paragraphs (1), (5), (6), (7), (8), (10), (13),
                                                                          4                       (18), (19), and (22) thereof (except with re-
                                                                          5                       spect to services performed in a penal institu-
                                                                          6                       tion        by       an         inmate         thereof)          and     section
                                                                          7                       3231(e)(1) shall be applied without regard to
                                                                          8                       the sentence that begins ‘‘Such term does not
                                                                          9                       include remuneration’’.
                                                                       10                (e) CERTAIN GOVERNMENTAL EMPLOYERS.—
                                                                       11                         (1) IN GENERAL.—The credit under this section
                                                                       12                shall not be allowed to the Federal Government or
                                                                       13                any agency or instrumentality thereof.
                                                                       14                         (2) EXCEPTION.—Paragraph (1) shall not
                                                                       15                apply to any organization described in section
                                                                       16                501(c)(1) of the Internal Revenue Code of 1986 and
                                                                       17                exempt from tax under section 501(a) of such Code.
                                                                       18                (f) TREATMENT OF DEPOSITS.—The Secretary shall
                                                                       19 waive any penalty under section 6656 of such Code for
                                                                       20 any failure to make a deposit of applicable employment
                                                                       21 taxes if the Secretary determines that such failure was due
                                                                       22 to the anticipation of the credit allowed under this section.
                                                                       23                (g) REGULATIONS.—The Secretary shall prescribe




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                                                                       24 such regulations or other guidance as may be necessary




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                                                                          1 to carry out the purposes of this section, including regula-
                                                                          2 tions or other guidance—
                                                                          3                       (1) to allow the advance payment of the credit
                                                                          4              determined under subsection (a), subject to the limi-
                                                                          5              tations provided in this section, based on such infor-
                                                                          6              mation as the Secretary shall require,
                                                                          7                       (2) to provide for the reconciliation of such ad-
                                                                          8              vance payment with the amount of the credit at the
                                                                          9              time of filing the return of tax for the applicable
                                                                       10                quarter or taxable year,
                                                                       11                         (3) 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), and
                                                                       15                         (4) with respect to the application of the credit
                                                                       16                to third party payors (including professional em-
                                                                       17                ployer organizations, certified professional employer
                                                                       18                organizations, or agents under section 3504 of such
                                                                       19                Code), including to allow such payors to submit doc-
                                                                       20                umentation necessary to substantiate eligibility for,
                                                                       21                and the amount of, the credit allowed under this sec-
                                                                       22                tion.
                                                                       23                (h) APPLICATION OF SECTION.—This section shall




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                                                                       24 apply only to qualified employee dependent care expenses




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                                                                          1 paid in calendar quarters beginning on or after the date
                                                                          2 of the enactment of this Act and before January 1, 2021.
                                                                          3              (i) TRANSFERS TO CERTAIN TRUST FUNDS.—There
                                                                          4 are hereby appropriated to the Federal Old-Age and Sur-
                                                                          5 vivors Insurance Trust Fund and the Federal Disability
                                                                          6 Insurance Trust Fund established under section 201 of
                                                                          7 the Social Security Act (42 U.S.C. 401) and the Social
                                                                          8 Security Equivalent Benefit Account established under
                                                                          9 section 15A(a) of the Railroad Retirement Act of 1974
                                                                       10 (45 U.S.C. 231n–1(a)) amounts equal to the reduction in
                                                                       11 revenues to the Treasury by reason of this section (without
                                                                       12 regard to this subsection). Amounts appropriated by the
                                                                       13 preceding sentence shall be transferred from the general
                                                                       14 fund at such times and in such manner as to replicate
                                                                       15 to the extent possible the transfers which would have oc-
                                                                       16 curred to such Trust Fund or Account had this section
                                                                       17 not been enacted.
                                                                       18          SEC. 406. FLEXIBILITY FOR DEPENDENT CARE FLEXIBLE

                                                                       19                                  SPENDING ARRANGEMENTS.

                                                                       20                (a) CARRYOVER OF UNUSED BENEFITS.—A plan or
                                                                       21 other arrangement that otherwise satisfies all applicable
                                                                       22 requirements of sections 106, 125, and 129 of the Internal
                                                                       23 Revenue Code of 1986 (including any rules or regulations




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                                                                       24 thereunder) shall not fail to be treated as a cafeteria plan
                                                                       25 or dependent care flexible spending arrangement merely


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




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                                                                       24 such section or rules or regulations.




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                                                                          1              (d) PLAN AMENDMENTS.—A plan or other arrange-
                                                                          2 ment that otherwise satisfies all applicable requirements
                                                                          3 of sections 106, 125, and 129 of the Internal Revenue
                                                                          4 Code of 1986 (including any rules or regulations there-
                                                                          5 under) shall not fail to be treated as a cafeteria plan or
                                                                          6 dependent care flexible spending arrangement merely be-
                                                                          7 cause such plan or arrangement is amended pursuant to
                                                                          8 a provision under this section and such amendment is ret-
                                                                          9 roactive, if—
                                                                       10                         (1) such amendment is adopted no later than
                                                                       11                the last day of the plan year in which the amend-
                                                                       12                ment is effective, and
                                                                       13                         (2) the plan or arrangement is operated con-
                                                                       14                sistent with the terms of such amendment during
                                                                       15                the period beginning on the effective date of the
                                                                       16                amendment and ending on the date the amendment
                                                                       17                is adopted.
                                                                       18          SEC. 407. EMPLOYEE RETENTION CREDIT ALLOWED WITH

                                                                       19                                  RESPECT TO EMPLOYMENT OF DOMESTIC

                                                                       20                                  WORKERS.

                                                                       21                (a) IN GENERAL.—Section 2301(c)(2) of the CARES
                                                                       22 Act is amended by adding at the end the following new
                                                                       23 subparagraph:




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                                                                       24                                   ‘‘(D) EMPLOYERS                      OF DOMESTIC WORK-

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



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                                                                          1                       more employees who perform domestic service
                                                                          2                       (within the meaning of section 3121(a)(7) of
                                                                          3                       such Code) in the private home of such em-
                                                                          4                       ployer, with respect to such employees—
                                                                          5                                        ‘‘(i) subparagraph (A) shall be ap-
                                                                          6                                plied—
                                                                          7                                                  ‘‘(I) by substituting ‘employing
                                                                          8                                        an employee who performs domestic
                                                                          9                                        service in the private home of such
                                                                       10                                          employer’ for ‘carrying on a trade or
                                                                       11                                          business’ in clause (i) thereof, and
                                                                       12                                                    ‘‘(II) by substituting ‘such em-
                                                                       13                                          ployment’ for ‘the operation of the
                                                                       14                                          trade or business’ in clause (ii)(I)
                                                                       15                                          thereof,
                                                                       16                                          ‘‘(ii) subclause (II) of subparagraph
                                                                       17                                  (A)(ii) shall not apply, and
                                                                       18                                          ‘‘(iii) such employer shall be treated
                                                                       19                                  as a large employer.’’.
                                                                       20                (b)        DENIAL              OF         DOUBLE              BENEFIT.—Section
                                                                       21 2301(h)(2) of the CARES Act is amended—
                                                                       22                         (1) by striking ‘‘shall not be taken into account
                                                                       23                for purposes of’’ and inserting ‘‘shall not be taken




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                                                                       24                into account—
                                                                       25                                  ‘‘(A) for purposes of’’,


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

                                                                       18                 (a) IN GENERAL.—Section 418(a)(3) of the Social
                                                                       19 Security Act (42 U.S.C. 618(a)(3)) is amended by striking
                                                                       20 ‘‘$2,917,000,000 for each of fiscal years 2017 and 2018’’
                                                                       21 and inserting ‘‘$10,000,000,000 for each of fiscal years
                                                                       22 2020 through 2024’’.
                                                                       23                 (b) ADDITIONAL FUNDS NOT SUBJECT TO STATE




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                                                                       24 MATCH REQUIREMENT.—With respect to the amounts ap-
                                                                       25 propriated in section 418(a)(3) of the Social Security Act


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                                                                          1 in excess of $2,917,000,000 for each of fiscal years 2020
                                                                          2 and 2021, section 418(a)(2)(C) of such Act shall be ap-
                                                                          3 plied and administered with respect to any State that is
                                                                          4 entitled to receive the entire amount that would be allotted
                                                                          5 to the State under section 418(a)(2)(B) of such Act for
                                                                          6 the fiscal year in the absence of this section, as if the Fed-
                                                                          7 eral medical assistance percentage for the State for the
                                                                          8 fiscal year were 100 percent.
                                                                          9        SEC. 409. FAMILY CARE FOR ESSENTIAL WORKERS.

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




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                                                                          1                                        (ii) daytime care services or other
                                                                          2                                adult protective services for an individual
                                                                          3                                who—
                                                                          4                                                 (I) is a dependent, or a member
                                                                          5                                        of the household of, an essential work-
                                                                          6                                        er; and
                                                                          7                                                 (II) requires the services;
                                                                          8                                (B) the funds are provided to reimburse an
                                                                          9                       essential worker for the cost of obtaining the
                                                                       10                         services (including child and adult care services
                                                                       11                         obtained on or after the date the Secretary of
                                                                       12                         Health and Human Services declared a public
                                                                       13                         health emergency pursuant to section 319 of
                                                                       14                         the Public Health Service Act on January 31,
                                                                       15                         2020, entitled ‘‘Determination that a Public
                                                                       16                         Health Emergency Exists Nationwide as the
                                                                       17                         Result of the 2019 Novel Coronavirus’’), to a
                                                                       18                         provider of child or adult care services, or to es-
                                                                       19                         tablish a temporary child care facility operated
                                                                       20                         by a State or local government;
                                                                       21                                  (C) eligibility for the funds or services, and
                                                                       22                         the amount of funds or services provided, is not
                                                                       23                         conditioned on a means test;




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                                                                       24                                  (D) the funds are used in consultation with
                                                                       25                         the lead agency designated pursuant to section


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                                                                          1                       658D(a) of the Child Care and Development
                                                                          2                       Block Grant Act of 1990 by the State involved
                                                                          3                       and subject to the limitations in section 2005 of
                                                                          4                       the Social Security Act, except that, for pur-
                                                                          5                       poses of this subparagraph—
                                                                          6                                        (i) paragraphs (3), (5), and (8) of sec-
                                                                          7                                tion 2005(a) of such Act shall not apply;
                                                                          8                                and
                                                                          9                                        (ii)(I)          the        limitation            in    section
                                                                       10                                  2005(a)(7) of such Act shall not apply
                                                                       11                                  with respect to any standard which the
                                                                       12                                  State involved determines would impede
                                                                       13                                  the ability of the State to provide emer-
                                                                       14                                  gency temporary care to a child, depend-
                                                                       15                                  ent, or household member referred to in
                                                                       16                                  subparagraph (A) of this paragraph if the
                                                                       17                                  emergency temporary care would not en-
                                                                       18                                  danger the health, safety, or development
                                                                       19                                  of children who received the care and care
                                                                       20                                  would otherwise not be available to support
                                                                       21                                  the immediate, short-term family care
                                                                       22                                  needs of essential workers; and
                                                                       23                                          (II) if the State determines that such




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                                                                       24                                  a standard would be so impeding, the
                                                                       25                                  State shall report the determination to the


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                                                                          1                                Secretary, including a description of how
                                                                          2                                exempting standards that may impede the
                                                                          3                                ability of the State to provide emergency
                                                                          4                                temporary care did not endanger the
                                                                          5                                health, safety, or development of children
                                                                          6                                who received emergency temporary care,
                                                                          7                                separately from the annual report to the
                                                                          8                                Secretary by the State;
                                                                          9                                (E) the funds are used to supplement, not
                                                                       10                         supplant, State general revenue funds for child
                                                                       11                         care assistance; and
                                                                       12                                  (F) the funds are not used for child care
                                                                       13                         costs that are—
                                                                       14                                          (i) covered by funds provided under
                                                                       15                                  the Head Start Act, a preschool develop-
                                                                       16                                  ment grant under section 9121 of the
                                                                       17                                  Every Student Succeeds Act (42 U.S.C.
                                                                       18                                  9831 note), the Child Care and Develop-
                                                                       19                                  ment Block Grant Act of 1990, section
                                                                       20                                  418 of the Social Security Act, or another
                                                                       21                                  federally funded dependent care program;
                                                                       22                                  or
                                                                       23                                          (ii)      reimbursable                by        the     Federal




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                                                                       24                                  Emergency Management Agency.




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                                                                          1                        (2) ESSENTIAL WORKER DEFINED.—In para-
                                                                          2               graph (1), the term ‘‘essential worker’’ means—
                                                                          3                                  (A) a health sector employee;
                                                                          4                                  (B) an emergency response worker;
                                                                          5                                  (C) a child care worker;
                                                                          6                                  (D) a sanitation worker;
                                                                          7                                  (E) a worker at a business which a State
                                                                          8                        or local government official has determined
                                                                          9                        must remain open to serve the public during the
                                                                       10                          emergency referred to in paragraph (1)(B); and
                                                                       11                                    (F) any other worker who cannot telework,
                                                                       12                          and whom the State deems to be essential dur-
                                                                       13                          ing the emergency referred to in paragraph
                                                                       14                          (1)(B).
                                                                       15          SEC. 410. INFRASTRUCTURE GRANTS TO IMPROVE CHILD

                                                                       16                                   CARE SAFETY.

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

                                                                       21                                   CARE SAFETY.

                                                                       22                 ‘‘(a) SHORT TITLE.—This section may be cited as the
                                                                       23 ‘Infrastructure Grants To Improve Child Care Safety Act




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                                                                       24 of 2020’.
                                                                       25                 ‘‘(b) NEEDS ASSESSMENTS.—


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                                                                          1                       ‘‘(1) IMMEDIATE NEEDS ASSESSMENT.—
                                                                          2                                ‘‘(A) IN GENERAL.—The Secretary shall
                                                                          3                       conduct an immediate needs assessment of the
                                                                          4                       condition of child care facilities throughout the
                                                                          5                       United States (with priority given to child care
                                                                          6                       facilities that receive Federal funds), that—
                                                                          7                                        ‘‘(i) determines the extent to which
                                                                          8                                the COVID–19 pandemic has created im-
                                                                          9                                mediate infrastructure needs, including in-
                                                                       10                                  frastructure-related                     health          and    safety
                                                                       11                                  needs, which must be addressed for child
                                                                       12                                  care facilities to operate in compliance with
                                                                       13                                  public health guidelines;
                                                                       14                                          ‘‘(ii) considers the effects of the pan-
                                                                       15                                  demic on a variety of child care centers, in-
                                                                       16                                  cluding home-based centers; and
                                                                       17                                          ‘‘(iii) considers how the pandemic has
                                                                       18                                  impacted specific metrics, such as—
                                                                       19                                                   ‘‘(I) capacity;
                                                                       20                                                   ‘‘(II) investments in infrastruc-
                                                                       21                                          ture changes;
                                                                       22                                                   ‘‘(III) the types of infrastructure
                                                                       23                                          changes centers need to implement




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                                                                       24                                          and their associated costs;
                                                                       25                                                   ‘‘(IV) the price of tuition; and


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                                                                          1                                                 ‘‘(V) any changes or anticipated
                                                                          2                                        changes in the number and demo-
                                                                          3                                        graphic of children attending.
                                                                          4                                ‘‘(B) TIMING.—The immediate needs as-
                                                                          5                       sessment should occur simultaneously with the
                                                                          6                       first grant-making cycle under subsection (c).
                                                                          7                                ‘‘(C) REPORT.—Not later than 1 year
                                                                          8                       after the date of the enactment of this section,
                                                                          9                       the Secretary shall submit to the Congress a re-
                                                                       10                         port containing the result of the needs assess-
                                                                       11                         ment conducted under subparagraph (A), and
                                                                       12                         make the assessment publicly available.
                                                                       13                         ‘‘(2) LONG-TERM NEEDS ASSESSMENT.—
                                                                       14                                  ‘‘(A) IN GENERAL.—The Secretary shall
                                                                       15                         conduct a long-term assessment of the condition
                                                                       16                         of child care facilities throughout the United
                                                                       17                         States (with priority given to child care facili-
                                                                       18                         ties that receive Federal funds). The assess-
                                                                       19                         ment may be conducted through representative
                                                                       20                         random sampling.
                                                                       21                                  ‘‘(B) REPORT.—Not later than 4 years
                                                                       22                         after the date of the enactment of this section,
                                                                       23                         the Secretary shall submit to the Congress a re-




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                                                                       24                         port containing the results of the needs assess-




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                                                                          1                       ment conducted under subparagraph (A), and
                                                                          2                       make the assessment publicly available.
                                                                          3              ‘‘(c) CHILD CARE FACILITIES GRANTS.—
                                                                          4                       ‘‘(1) GRANTS TO STATES.—
                                                                          5                                ‘‘(A) IN GENERAL.—The Secretary may
                                                                          6                       award grants to States for the purpose of ac-
                                                                          7                       quiring, constructing, renovating, or improving
                                                                          8                       child care facilities, including adapting, re-
                                                                          9                       configuring, or expanding facilities to respond
                                                                       10                         to the COVID–19 pandemic.
                                                                       11                                  ‘‘(B) PRIORITIZED FACILITIES.—The Sec-
                                                                       12                         retary may not award a grant to a State under
                                                                       13                         subparagraph (A) unless the State involved
                                                                       14                         agrees, with respect to the use of grant funds,
                                                                       15                         to prioritize—
                                                                       16                                          ‘‘(i) child care facilities primarily serv-
                                                                       17                                  ing low-income populations;
                                                                       18                                          ‘‘(ii) child care facilities primarily
                                                                       19                                  serving children who have not attained the
                                                                       20                                  age of 5 years;
                                                                       21                                          ‘‘(iii) child care facilities that closed
                                                                       22                                  during the COVID–19 pandemic and are
                                                                       23                                  unable to open without making modifica-




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                                                                          1                                required to ensure the health and safety of
                                                                          2                                children and staff; and
                                                                          3                                        ‘‘(iv) child care facilities that serve the
                                                                          4                                children of parents classified as essential
                                                                          5                                workers during the COVID–19 pandemic.
                                                                          6                                ‘‘(C) DURATION                     OF      GRANTS.—A            grant
                                                                          7                       under this subsection shall be awarded for a pe-
                                                                          8                       riod of not more than 5 years.
                                                                          9                                ‘‘(D) APPLICATION.—To seek a grant
                                                                       10                         under this subsection, a State shall submit to
                                                                       11                         the Secretary an application at such time, in
                                                                       12                         such manner, and containing such information
                                                                       13                         as the Secretary may require, which informa-
                                                                       14                         tion shall—
                                                                       15                                          ‘‘(i) be disaggregated as the Secretary
                                                                       16                                  may require; and
                                                                       17                                          ‘‘(ii) include a plan to use a portion of
                                                                       18                                  the grant funds to report back to the Sec-
                                                                       19                                  retary on the impact of using the grant
                                                                       20                                  funds to improve child care facilities.
                                                                       21                                  ‘‘(E) PRIORITY.—In selecting States for
                                                                       22                         grants under this subsection, the Secretary
                                                                       23                         shall prioritize States that—




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                                                                       24                                          ‘‘(i) plan to improve center-based and
                                                                       25                                  home-based child care programs, which


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                                                                          1                                may include a combination of child care
                                                                          2                                and early Head Start or Head Start pro-
                                                                          3                                grams;
                                                                          4                                        ‘‘(ii) aim to meet specific needs across
                                                                          5                                urban, suburban, or rural areas as deter-
                                                                          6                                mined by the State; and
                                                                          7                                        ‘‘(iii) show evidence of collaboration
                                                                          8                                with—
                                                                          9                                                 ‘‘(I) local government officials;
                                                                       10                                                   ‘‘(II) other State agencies;
                                                                       11                                                   ‘‘(III) nongovernmental organiza-
                                                                       12                                          tions, such as—
                                                                       13                                                              ‘‘(aa) organizations within
                                                                       14                                                   the philanthropic community;
                                                                       15                                                              ‘‘(bb) certified community
                                                                       16                                                   development financial institutions
                                                                       17                                                   as defined in section 103 of the
                                                                       18                                                   Community Development Bank-
                                                                       19                                                   ing and Financial Institutions
                                                                       20                                                   Act of 1994 (12 U.S.C. 4702)
                                                                       21                                                   that have been certified by the
                                                                       22                                                   Community Development Finan-
                                                                       23                                                   cial Institutions Fund (12 U.S.C.




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                                                                       24                                                   4703); and




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                                                                          1                                                            ‘‘(cc)        organizations           that
                                                                          2                                                 have          demonstrated                 experience
                                                                          3                                                 in—
                                                                          4                                                                    ‘‘(AA) providing tech-
                                                                          5                                                            nical or financial assistance
                                                                          6                                                            for the acquisition, construc-
                                                                          7                                                            tion, renovation, or improve-
                                                                          8                                                            ment of child care facilities;
                                                                          9                                                                    ‘‘(BB) providing tech-
                                                                       10                                                              nical, financial, or manage-
                                                                       11                                                              rial assistance to child care
                                                                       12                                                              providers; and
                                                                       13                                                                      ‘‘(CC) securing private
                                                                       14                                                              sources of capital financing
                                                                       15                                                              for child care facilities or
                                                                       16                                                              other low-income community
                                                                       17                                                              development projects; and
                                                                       18                                                   ‘‘(IV) local community organiza-
                                                                       19                                          tions, such as—
                                                                       20                                                              ‘‘(aa) child care providers;
                                                                       21                                                              ‘‘(bb) community care agen-
                                                                       22                                                   cies;
                                                                       23                                                              ‘‘(cc) resource and referral




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                                                                       24                                                   agencies; and
                                                                       25                                                              ‘‘(dd) unions.


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                                                                          1                                ‘‘(F) CONSIDERATION.—In selecting States
                                                                          2                       for grants under this subsection, the Secretary
                                                                          3                       shall consider—
                                                                          4                                        ‘‘(i) whether the applicant—
                                                                          5                                                 ‘‘(I) has or is developing a plan
                                                                          6                                        to address child care facility needs;
                                                                          7                                        and
                                                                          8                                                 ‘‘(II) demonstrates the capacity
                                                                          9                                        to execute such a plan; and
                                                                       10                                          ‘‘(ii) after the date the report required
                                                                       11                                  by subsection (b)(1)(C) is submitted to the
                                                                       12                                  Congress, the needs of the applicants
                                                                       13                                  based on the results of the assessment.
                                                                       14                                  ‘‘(G) DIVERSITY OF AWARDS.—In award-
                                                                       15                         ing grants under this section, the Secretary
                                                                       16                         shall give equal consideration to States with
                                                                       17                         varying capacities under subparagraph (F).
                                                                       18                                  ‘‘(H) MATCHING REQUIREMENT.—
                                                                       19                                          ‘‘(i) IN GENERAL.—As a condition for
                                                                       20                                  the receipt of a grant under subparagraph
                                                                       21                                  (A), a State that is not an Indian tribe
                                                                       22                                  shall agree to make available (directly or
                                                                       23                                  through donations from public or private




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                                                                       24                                  entities) contributions with respect to the
                                                                       25                                  cost of the activities to be carried out pur-


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                                                                          1                                suant to subparagraph (A), which may be
                                                                          2                                provided in cash or in kind, in an amount
                                                                          3                                equal to 10 percent of the funds provided
                                                                          4                                through the grant.
                                                                          5                                        ‘‘(ii) DETERMINATION                            OF      AMOUNT

                                                                          6                                CONTRIBUTED.—Contributions required by

                                                                          7                                clause (i) may include—
                                                                          8                                                 ‘‘(I) amounts provided by the
                                                                          9                                        Federal Government, or services as-
                                                                       10                                          sisted or subsidized to any significant
                                                                       11                                          extent by the Federal Government; or
                                                                       12                                                   ‘‘(II) philanthropic or private-sec-
                                                                       13                                          tor funds.
                                                                       14                                  ‘‘(I) REPORT.—Not later than 6 months
                                                                       15                         after the last day of the grant period, a State
                                                                       16                         receiving a grant under this paragraph shall
                                                                       17                         submit a report to the Secretary as described in
                                                                       18                         subparagraph (D)—
                                                                       19                                          ‘‘(i) to determine the effects of the
                                                                       20                                  grant in constructing, renovating, or im-
                                                                       21                                  proving child care facilities, including any
                                                                       22                                  changes in response to the COVID–19
                                                                       23                                  pandemic and any effects on access to and




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                                                                       24                                  quality of child care; and




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                                                                          1                                        ‘‘(ii) to provide such other information
                                                                          2                                as the Secretary may require.
                                                                          3                                ‘‘(J) AMOUNT LIMIT.—The annual amount
                                                                          4                       of a grant under this paragraph may not exceed
                                                                          5                       $35,000,000.
                                                                          6                       ‘‘(2) GRANTS                    TO    INTERMEDIARY                  ORGANIZA-

                                                                          7              TIONS.—

                                                                          8                                ‘‘(A) IN GENERAL.—The Secretary may
                                                                          9                       award grants to intermediary organizations,
                                                                       10                         such as certified community development finan-
                                                                       11                         cial institutions, tribal organizations, or other
                                                                       12                         organizations with demonstrated experience in
                                                                       13                         child care facilities financing, for the purpose of
                                                                       14                         providing technical assistance, capacity build-
                                                                       15                         ing, and financial products to develop or finance
                                                                       16                         child care facilities.
                                                                       17                                  ‘‘(B) APPLICATION.—A grant under this
                                                                       18                         paragraph may be made only to intermediary
                                                                       19                         organizations that submit to the Secretary an
                                                                       20                         application at such time, in such manner, and
                                                                       21                         containing such information as the Secretary
                                                                       22                         may require.
                                                                       23                                  ‘‘(C) PRIORITY.—In selecting intermediary




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                                                                       24                         organizations for grants under this subsection,




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                                                                          1                       the Secretary shall prioritize intermediary orga-
                                                                          2                       nizations that—
                                                                          3                                        ‘‘(i) demonstrate experience in child
                                                                          4                                care facility financing or related commu-
                                                                          5                                nity facility financing;
                                                                          6                                        ‘‘(ii) demonstrate the capacity to as-
                                                                          7                                sist States and local governments in devel-
                                                                          8                                oping child care facilities and programs;
                                                                          9                                        ‘‘(iii) demonstrate the ability to lever-
                                                                       10                                  age grant funding to support financing
                                                                       11                                  tools to build the capacity of child care
                                                                       12                                  providers, such as through credit enhance-
                                                                       13                                  ments;
                                                                       14                                          ‘‘(iv) propose to meet a diversity of
                                                                       15                                  needs across States and across urban, sub-
                                                                       16                                  urban, and rural areas at varying types of
                                                                       17                                  center-based, home-based, and other child
                                                                       18                                  care settings, including early care pro-
                                                                       19                                  grams located in freestanding buildings or
                                                                       20                                  in mixed-use properties; and
                                                                       21                                          ‘‘(v) propose to focus on child care fa-
                                                                       22                                  cilities primarily serving low-income popu-
                                                                       23                                  lations and children who have not attained




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                                                                       24                                  the age of 5 years.




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                                                                          1                                ‘‘(D) AMOUNT LIMIT.—The amount of a
                                                                          2                       grant under this paragraph may not exceed
                                                                          3                       $10,000,000.
                                                                          4                       ‘‘(3) REPORT.—Not later than the end of fiscal
                                                                          5              year 2024, the Secretary shall submit to the Con-
                                                                          6              gress a report on the effects of the grants provided
                                                                          7              under this subsection, and make the report pub-
                                                                          8              lically accessible.
                                                                          9              ‘‘(d) LIMITATIONS ON AUTHORIZATION OF APPRO-
                                                                       10          PRIATIONS.—

                                                                       11                         ‘‘(1) IN GENERAL.—To carry out this section,
                                                                       12                there             is      authorized                 to        be         appropriated
                                                                       13                $10,000,000,000 for fiscal year 2020, which shall
                                                                       14                remain available through fiscal year 2024.
                                                                       15                         ‘‘(2) RESERVATIONS OF FUNDS.—
                                                                       16                                  ‘‘(A) INDIAN TRIBES.—The Secretary shall
                                                                       17                         reserve 3 percent of the total amount made
                                                                       18                         available to carry out this section, for payments
                                                                       19                         to Indian tribes.
                                                                       20                                  ‘‘(B) TERRITORIES.—The Secretary shall
                                                                       21                         reserve 3 percent of the total amount made
                                                                       22                         available to carry out this section, for payments
                                                                       23                         to territories.




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                                                                       24                         ‘‘(3) GRANTS FOR INTERMEDIARY ORGANIZA-
                                                                       25                TIONS.—Not                less than 10 percent and not more


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                                                                          1              than 15 percent of the total amount made available
                                                                          2              to carry out this section may be used to carry out
                                                                          3              subsection (c)(2).
                                                                          4                       ‘‘(4) LIMITATION                     ON       USE       OF       FUNDS   FOR

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

                                                                          6              of the amounts made available to carry out this sec-
                                                                          7              tion may be used to carry out subsection (b).
                                                                          8              ‘‘(e) DEFINITION OF STATE.—In this section, the
                                                                          9 term ‘State’ has the meaning provided in section 419, ex-
                                                                       10 cept that it includes the Commonwealth of the Northern
                                                                       11 Mariana Islands and any Indian tribe.’’.
                                                                       12                (b) EXEMPTION OF TERRITORY GRANTS FROM LIMI-
                                                                       13          TATION ON TOTAL PAYMENTS TO THE TERRITORIES.—

                                                                       14 Section 1108(a)(2) of such Act (42 U.S.C. 1308(a)(2))
                                                                       15 is amended by inserting ‘‘418A(c),’’ after ‘‘413(f),’’.
                                                                                         Passed the House of Representatives July 29, 2020.
                                                                                         Attest:                             CHERYL L. JOHNSON,
                                                                                                                                              Clerk.
                                                                                                                                   By GLORIA J. LETT,

                                                                                                                                                             Deputy Clerk.




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