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Congressional Research Service R46324 (COVID-19: Child Care and Development Block Grant (CCDBG) Supplemental Appropriations in the CARES Act)

Summary

CRS report R46324, COVID-19: Child Care and Development Block Grant (CCDBG) Supplemental Appropriations in the CARES Act, by Karen E. Lynch, Specialist in Social Policy, dated April 24, 2020. It explains that the CARES Act (P.L. 116-136), signed March 27, 2020, includes $3.5 billion in supplemental appropriations for the CCDBG, administered by the U.S. Department of Health and Human Services (HHS), to prevent, prepare for and respond to coronavirus. The report states that this adds to FY2020 annual appropriations of $5.8 billion (P.L. 116-94), a 60% increase in total FY2020 CCDBG appropriations. It describes CARES Act provisions that clarify allowable uses and waive some requirements, such as continued payments to child care providers facing decreased enrollment or closures.

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COVID-19: Child Care and Development
Block Grant (CCDBG) Supplemental
Appropriations in the CARES Act

Karen E. Lynch
Specialist in Social Policy

April 24, 2020




                              Congressional Research Service
                                                    7-....
                                               www.crs.gov
                                                     R46324
                                                                                                              SUMMARY

                                                                                                         R46324
COVID-19: Child Care and Development Block
                                                                                                         April 24, 2020
Grant (CCDBG) Supplemental Appropriations                                                                Karen E. Lynch
in the CARES Act                                                                                         Specialist in Social Policy
                                                                                                         -re-acte--@crs.loc.gov
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was
signed into law (P.L. 116-136). The CARES Act includes $3.5 billion in supplemental                      For a copy of the full report,
appropriations for the Child Care and Development Block Grant (CCDBG). These funds are to                please call 7-.... or visit
                                                                                                         www.crs.gov.
be used to “prevent, prepare for, and respond to coronavirus.”

The CCDBG Act (42 U.S.C. §§9858 et seq.) is the main federal law supporting child care programs for low-income working
families. The CCDBG is administered by the U.S. Department of Health and Human Services (HHS). HHS allocates
CCDBG funds to states, territories, and tribes according to a statutory formula. State, territory, and tribal lead agencies
submit CCDBG plans to HHS every three years describing how their child care programs will operate. CCDBG funds are
used to subsidize the cost of child care for eligible children of low-income working parents. Funds are also used to support
activities to improve the quality of child care and for certain other activities.

The $3.5 billion in supplemental CCDBG funds are provided in addition to FY2020 annual appropriations of $5.8 billion
(P.L. 116-94). The additional $3.5 billion represents a 60% increase in total appropriations to the CCDBG in FY2020.

The CARES Act funds may be used under existing CCDBG Act authorities. In addition, the CARES Act includes a number
of provisions that clarify allowable uses and, in some cases, waive certain underlying requirements of the CCDBG Act. For
instance, the CARES Act specifies that the funds

        may be used to provide continued payments and assistance to child care providers in cases of decreased
         enrollment or closures related to coronavirus, and to ensure they are able to remain open or reopen;
        may be used to continue to pay staff salaries and wages of child care providers (CCDBG lead agencies are
         encouraged to place conditions on payments to child care providers aimed at ensuring that a portion of the
         funds they receive go toward costs of salaries and wages);
        may be used to provide child care assistance to health care sector employees, emergency responders,
         sanitation workers, and other workers deemed essential during the response to the coronavirus, without
         regard to typical CCDBG income eligibility requirements (federal law generally limits eligibility to those
         whose family income does not exceed 85% of state median income, though most states set income limits
         below this federal threshold);
        shall be available to eligible child care providers under the CCDBG Act (even if they were not receiving
         CCDBG funds previously) for the purposes of cleaning and sanitation, and other activities necessary to
         maintain or resume program operation;
        are exempt from the minimum spending requirements for quality activities and direct services;
        may be used for allowable obligations incurred prior to enactment of the CARES Act;
        may be used for purposes provided in the CARES Act before the lead agency submits any applicable
         CCDBG plan amendments to HHS (under regulations, lead agencies generally must submit state plan
         amendments within 60 days of policy change);
        shall be used to supplement, not supplant, state, territory, and tribal general revenue funds for child care
         assistance for low-income families; and
        are to remain available for obligation by HHS through the end of FY2021 and may remain available for
         obligation by CCDBG lead agencies through the end of FY2022.




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Contents
Introduction ..................................................................................................................................... 1
CCDBG Provisions in the CARES Act ........................................................................................... 1
    Continued Assistance to Child Care Providers ......................................................................... 1
    Eligible Child Care Providers ................................................................................................... 2
    Continued Pay for Child Care Staff .......................................................................................... 2
    Support for Essential Workers ................................................................................................... 3
    State Plan Amendments............................................................................................................. 3
    Spending Flexibilities and Other Technical Provisions............................................................. 4
        Quality Spending ................................................................................................................ 4
        Direct Spending .................................................................................................................. 4
        Supplement, Not Supplant .................................................................................................. 5
        Use of Funds for Prior Obligations ..................................................................................... 5
        Obligation Deadline for Lead Agencies (or Other Recipients) ........................................... 5
Allocation of CCDBG Funds .......................................................................................................... 5


Tables
Table 1. FY2020 CCDBG Allocations for Annual and Supplemental Appropriations ................... 6


Contacts
Author Contact Information ............................................................................................................ 8




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                                            COVID-19: CCDBG Supplemental Appropriations in the CARES Act




Introduction
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was
signed into law (P.L. 116-136). The CARES Act includes $3.5 billion in supplemental
appropriations for the Child Care and Development Block Grant (CCDBG). This report provides
an overview of the CCDBG provisions in the CARES Act. Among other things, these provisions
address allowable uses and flexibilities of the supplemental funds. The report also includes
allocations for the additional $3.5 billion in CCDBG appropriations.
The CCDBG Act (42 U.S.C. §§9858 et seq.) is the main federal law supporting child care
programs for low-income working families. The CCDBG is administered by the U.S. Department
of Health and Human Services (HHS). HHS allocates CCDBG funds to states, territories, and
tribes according to a statutory formula. In addition, certain funds may be reserved for other
activities, such as technical assistance and research. State, territory, and tribal lead agencies
submit CCDBG plans to HHS every three years describing how their child care programs will
operate. CCDBG funds are used to subsidize the cost of child care for eligible children of low-
income working parents. Funds are also used to support activities to improve the quality of child
care and for certain other costs.


CCDBG Provisions in the CARES Act
The CARES Act appropriates $3.5 billion in FY2020 emergency supplemental funds to the
CCDBG.1 The funds are to be used to “prevent, prepare for, and respond to coronavirus.”2 The
CARES Act funds are provided in addition to FY2020 annual appropriations of $5.8 billion (see
P.L. 116-94). The additional $3.5 billion represents a 60% increase in total appropriations to the
CCDBG in FY2020. The additional funds are to remain available for obligation by HHS through
September 30, 2021 (i.e., the end of FY2021). The CARES Act includes a number of provisions
that clarify allowable uses and, in some cases, waive certain underlying requirements of the
CCDBG Act.3 Below is a brief discussion of key provisions.4

Continued Assistance to Child Care Providers
Under the CCDBG Act, lead agencies subsidize the cost of child care for eligible children. Lead
agencies commonly provide subsidy payments directly to child care providers.5 In some cases,


1 The funds were also designated as being an emergency requirement pursuant to Section 251(b)(2)(A)(i) of the

Balanced Budget and Emergency Deficit Control Act of 1985.
2 Division B of the CARES Act, which contains the CCDBG supplemental appropriation, defines the term coronavirus

in Section 23005 to mean SARS-CoV-2, the virus that causes Coronavirus Disease 2019 (COVID-2019), or another
coronavirus with pandemic potential.
3 The HHS Office of Child Care has released a number of guidance documents on child care and coronavirus; see

https://www.acf.hhs.gov/occ/resource/occ-covid-19-resources.
4 Note that these provisions apply only to CCDBG funds appropriated in the CARES Act, unless otherwise specified.

5 In some cases, lead agencies may send the payments to parents, who are then responsible for making the payments to

providers. For more information on payment practices, see relevant discussion in Victoria Tran, Kelly Dwyer, and
Sarah Minton, The CCDF Policies Database Book of Tables: Key Cross-State Variation in CCDF Policies as of
October 1, 2018, HHS, Administration for Children and Families (ACF), Office of Planning, Research, and Evaluation
(OPRE), OPRE Report #2019-117, November 2019, pp. 227-242, https://ccdf.urban.org/sites/default/files/
CrossStateVariationCCDFPolicies2018%20%28final%2011%2021%202019%29.pdf.




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lead agencies may provide additional CCDBG funds to eligible providers for other purposes, such
as supporting professional development or helping build the supply of quality child care.
The CARES Act specifies that CCDBG funds appropriated in the act may be used to provide
continued payments and assistance to child care providers
         in cases of decreased enrollment or closures related to coronavirus, and
         to ensure that providers are able to remain open or reopen as appropriate and
          applicable.
The CCDBG Act generally encourages (but does not require) lead agencies to make payments to
child care providers based on enrollment rather than attendance.6 Specifically, the law states that
lead agencies should “to the extent practicable” delink provider reimbursements from an eligible
child’s occasional absences due to holidays or unforeseen circumstances such as illness. This
provision of the law is intended to support the fixed costs incurred by providers.

Eligible Child Care Providers
The CARES Act specifies that CCDBG funds appropriated in the act shall be available to eligible
child care providers under the CCDBG Act for the purposes of cleaning and sanitation, and other
activities necessary to maintain or resume the operation of programs. The act clarifies that this
provision applies to eligible child care providers even if those providers were not receiving
CCDBG assistance prior to the public health emergency resulting from coronavirus.
Under the CCDBG Act, eligible child care providers generally must
         be licensed, regulated, or registered by the state (though states may exempt
          certain providers from this requirement); and
         meet certain minimum health and safety standards.
An exception to these requirements is made in cases of child care providers caring only for
relatives.7 However, such providers must comply with requirements applicable to relative
caregivers.

Continued Pay for Child Care Staff
The CARES Act encourages states, territories, and tribes to place conditions on payments to child
care providers aimed at ensuring providers use a portion of the funds to continue to pay staff
salaries and wages. Payment of salaries and wages is not explicitly addressed in the CCDBG Act,
though presumably it is typical for some share of CCDBG provider payments to support these
expenses. According to national estimates from the Bureau of Labor Statistics (BLS), the mean



6 As of the start of FY2019, a majority of states and territories had policies in place to allow at least some types of

providers to be paid for days when children are absent. (The policies often varied based on the type of provider.) For
more information, see Victoria Tran, Kelly Dwyer, and Sarah Minton, The CCDF Policies Database Book of Tables:
Key Cross-State Variation in CCDF Policies as of October 1, 2018, HHS, ACF, OPRE, OPRE Report #2019-117,
November 2019, pp. 227-242, https://ccdf.urban.org/sites/default/files/
CrossStateVariationCCDFPolicies2018%20%28final%2011%2021%202019%29.pdf.
7 Under the CCDBG Act and regulations, this refers to cases in which an eligible child is (by marriage, blood, or court

decree) the provider’s grandchild, great grandchild, sibling (if the provider lives in a separate residence), niece, or
nephew.




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hourly wage for child care workers was $12.27 in May 2019.8 BLS estimated the mean annual
wage for child care workers at $25,510 nationally.9

Support for Essential Workers
The CARES Act specifies that states, territories, and tribes are authorized to use CCDBG funds
appropriated in the act to provide child care assistance to
         health care sector employees,
         emergency responders,
         sanitation workers, and
         other workers deemed essential during the response to coronavirus by public
          officials.
Further, the act specifies that such workers may receive CCDBG assistance without regard to the
typical income eligibility requirements under the CCDBG Act.
The CCDBG Act generally stipulates that eligible children must
         be under age 13 (children may be older in limited circumstances10);
         reside with a parent who is working or attending job training (unless the child is
          receiving or needs to receive protective services);
         have family income no greater than 85% of state median income (SMI), or lower
          depending on state policy; and
         have no more than $1 million in family assets.11
While the CARES Act waives income requirements for essential workers as noted above, it does
not waive other eligibility requirements (e.g., those related to the child’s age or the parent’s work
status).

State Plan Amendments
The CARES Act requires HHS to remind states that CCDBG state plans do not need to be
amended prior to using “existing authorities in the CCDBG Act for the purposes provided” in the
CARES Act. Typically, if a state intends to make a substantial change to policies laid out in its
CCDBG plan (e.g., a change in eligibility rules, provider payment rates, family copayments), the
state would submit a state plan amendment to HHS for approval. Under regulations, a plan

8 May 2019 Occupational Employment and Wages data from the Bureau of Labor Statistics (BLS). These data are

based on BLS Standard Occupational Classification (SOC) 39-9011, “Childcare Workers.” BLS includes in this
classification individuals who attend to children at schools, businesses, private households, and childcare institutions.
BLS excludes from this classification those who were classified as “Preschool Teachers, Except Special Education”
(25-2011) and “Teacher Assistants” (25-9041). For more information, see https://www.bls.gov/oes/current/
oes399011.htm.
9 Ibid.

10 In limited cases, older children may be served. Regulations codified at 45 C.F.R. 98.20(a)(1)(ii) give state, territory,

and tribal CCDBG lead agencies the option to serve children who are under the age of 19 and physically or mentally
incapable of caring for themselves or are under court supervision.
11 Under federal regulations, lead agencies may waive, on a case-by-case basis, the income eligibility and asset test

requirements for children who are receiving (or need to receive) protective services and for foster children. See 45
C.F.R. 98.20(a)(3)(ii).




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amendment must be submitted within 60 days of the effective date of the requirement (i.e., the
state may execute the policy change before submitting the amendment).12 HHS has 90 days to
approve or deny a plan amendment.
In the current circumstances, there are several reasons states might want to amend their plans. For
instance, the CARES Act authorizes HHS to provide child care assistance to essential workers
regardless of income. This is a substantial change, as federal law and state policies generally
condition eligibility on family income.13

Spending Flexibilities and Other Technical Provisions
The CARES Act effectively waives or adjusts certain requirements related to the obligation and
expenditure of the CCDBG funds appropriated in the act.

Quality Spending
The CCDBG Act generally requires lead agencies to spend at least 9% of their FY2020
allotments on quality activities, plus an additional 3% on activities to improve the quality of care
for infants and toddlers.14 All told, these quality set-asides are intended to account for at least
12% of spending from FY2020 allotments. The CARES Act effectively waives these quality
spending minimums for funds provided in the act, offering lead agencies greater flexibility in
how funds may be spent.

Direct Spending
The CCDBG Act includes requirements related to minimum spending on direct services. (The
term direct services generally refers to child care assistance provided to families and is often, but
not always, provided in the form of a voucher.) For instance, after lead agencies set aside funds to
meet minimum quality spending requirements and for spending on administrative costs (capped at
5% for states and territories15), they must use at least 70% of remaining CCDBG funds for direct
services.16 The CARES Act effectively waives direct spending requirements in the CCDBG Act,
again offering lead agencies greater flexibility in how funds may be spent.

12 See 45 CFR 98.18(b).

13 Federal law limits eligibility to those whose family income does not exceed 85% of the state median. In the absence

of this CARES Act provision, states would likely have needed to submit a waiver to HHS requesting (under authorities
in Section 658I(c) of the CCDBG Act) to serve children of essential workers who do not meet statutory income limits.
Federal regulations at 45 C.F.R. 98.20(a)(3)(ii)(A) allow states themselves to waive income eligibility requirements on
a case-by-case basis for children who are receiving or are in need of protective services. States have broad discretion in
how they define the term protective services, but unless a state’s definition captures the needs of essential workers
during an emergency period, a state plan would likely need to be amended to reflect any changes to state policy driven
by the CARES Act or the current pandemic more generally.
14 Regulations at 45 C.F.R. 98.83 apply different minimum quality spending requirements to tribal lead agencies. For

FY2020, all tribal lead agencies, regardless of allocation size, are expected to spend 8% of the CCDBG funds received
on a per-child basis (i.e., excluding funds provided as a base grant) on general quality activities. An additional 3% of
per-child funds are expected to be spent on quality activities for infants and toddlers, but this latter requirement only
applies to tribes receiving medium or large allocations (i.e., tribes receiving small allocations are excluded from the
infant/toddler quality spending requirement).
15 Regulations at 45 C.F.R. 98.83 cap spending on administrative costs at 15% for tribal lead agencies.

16 Federal regulations and the preamble to a final rule issued in 2016 clarify that the 70% direct services spending

requirement does not apply to tribes receiving small allocations, but does apply to tribes receiving medium or large
allocations. See regulations at 45 C.F.R. 98.83. See also 81 Federal Register 67544.




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Supplement, Not Supplant
The CARES Act specifies that funds provided via the CCDBG are to be used to supplement, not
supplant, state, territory, and tribal general revenue funding for child care assistance for low-
income families (i.e., the funds provided under the act should not be used to replace existing state,
territory, or tribal spending on such activities). CCDBG provisions in annual appropriations acts
typically include similar provisions.17
Past guidance from HHS suggests that this requirement would likely be considered satisfied if a
state, territory, or tribe does not make any administrative or legislative changes to reduce general
revenue spending after the enactment of a new CCDBG appropriation.18 An action occurring after
this date could potentially be considered a violation of the non-supplantation requirement, unless
the lead agency demonstrates that the reduction was not due to increased federal CCDBG funds.

Use of Funds for Prior Obligations
The CARES Act specifies that the CCDBG funds it appropriates may be made available to restore
amounts, either directly or through reimbursement, for obligations incurred prior to enactment.
These amounts may only be restored with CARES Act funds if they were used to prevent, prepare
for, and respond to coronavirus.

Obligation Deadline for Lead Agencies (or Other Recipients)
The CARES Act states that payments made by HHS may be obligated by the state, territory, tribe,
or other recipient in the current fiscal year or the succeeding two fiscal years. Effectively, this
means that lead agencies have through FY2022 to obligate funds they receive under the CARES
Act. The CCDBG Act typically gives states or other recipients two fiscal years, rather than three,
to obligate funds.


Allocation of CCDBG Funds
CCDBG funds are generally allocated according to a formula set in statute.19 Under the CCDBG
Act formula, HHS is to reserve up to 0.5% for territories and not less than 2% for tribes and tribal
organizations.20 The formula also includes set-asides for technical assistance (up to 0.5%);
research, demonstrations, and evaluation (0.5%); and a national toll-free hotline and website (up

17 The provisions in annual appropriations acts usually specify that funds are to supplement, not supplant, state general

revenue spending. While the annual appropriations acts do not explicitly mention territories or tribes, HHS guidance
has clarified that this requirement applies to territories and tribes. See, for instance, Information Memorandum CCDF-
ACF-IM-2018-03, issued in August 2018, https://www.acf.hhs.gov/sites/default/files/occ/ccdf_acf_im_2018_03.pdf.
18 Information Memorandum CCDF-ACF-IM-2018-03, August 2018, https://www.acf.hhs.gov/sites/default/files/occ/

ccdf_acf_im_2018_03.pdf.
19 The statutory formula was not waived by provisions in the CARES Act, though it has been waived in other cases,

including for funds appropriated in an FY2019 supplemental appropriations act (P.L. 116-20). The FY2019
supplemental directed HHS to distribute CCDBG funds to eligible states, territories, and tribes based on assessed need,
notwithstanding the statutory allocation formula in the CCDBG Act.
20 Under the statutory formula, Puerto Rico is treated as a state, not a territory. The 0.5% reservation for territories goes

to American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands. Under the formula, HHS may
only reserve more than 2% for tribes if (1) total CCDBG appropriations in that year are greater than total CCDBG
appropriations in FY2014 and (2) the amount allotted to states in that year is not less than the amount allotted to states
in FY2014. Note that annual appropriations acts since FY2018 have each specified a dollar amount to be reserved for
tribes that is in addition to the funds HHS reserves under the not-less-than-2% reservation authority.




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to $1.5 million). After all reservations have been made, the remaining funds go to states.21 Funds
are allocated to states according to a formula based on their share of children under age five, their
share of children receiving free- or reduced-price lunches, and state per capita income.
Table 1 presents FY2020 CCDBG allocations released by HHS. The table includes allocations
from FY2020 annual appropriations (P.L. 116-94), as well as the CARES Act (P.L. 116-136).

  Table 1. FY2020 CCDBG Allocations for Annual and Supplemental Appropriations
                                                 (Amounts in dollars)
                                       FY2020                        FY2020                        FY2020
                                       Annual                     Supplemental                 Estimated Total
            Recipient               Appropriations                Appropriations           (Annual + Supplemental)

 Alabama                                      103,937,293                    64,957,270                 168,894,563
 Alaska                                        10,383,130                     6,489,103                  16,872,233
 Arizona                                      140,817,006                    88,005,835                 228,822,841
 Arkansas                                      66,344,273                    41,462,912                 107,807,185
 California                                   560,532,134                  350,313,504                  910,845,638
 Colorado                                      67,936,315                    42,457,884                 110,394,199
 Connecticut                                   37,609,214                    23,504,479                  61,113,693
 Delaware                                      15,613,270                     9,757,763                  25,371,033
 District of Columbia                           9,601,162                     6,000,400                  15,601,562
 Florida                                      357,787,786                  223,605,188                  581,392,974
 Georgia                                      231,275,589                  144,539,371                  375,814,960
 Hawaii                                        19,185,280                    11,990,147                  31,175,427
 Idaho                                         33,078,412                    20,672,881                  53,751,293
 Illinois                                     189,482,509                  118,420,119                  307,902,628
 Indiana                                      126,121,997                    78,821,955                 204,943,952
 Iowa                                          51,041,330                    31,899,093                  82,940,423
 Kansas                                        49,237,105                    30,771,514                  80,008,619
 Kentucky                                     108,392,164                    67,741,412                 176,133,576
 Louisiana                                    108,135,754                    67,581,166                 175,716,920
 Maine                                         17,526,508                    10,953,470                  28,479,978
 Maryland                                      73,319,016                    45,821,890                 119,140,906
 Massachusetts                                 73,122,302                    45,698,950                 118,821,252
 Michigan                                     161,446,920                  100,898,829                  262,345,749
 Minnesota                                     77,038,059                    48,146,164                 125,184,223
 Mississippi                                   75,414,325                    47,131,386                 122,545,711




21 For purposes of allocations, the District of Columbia and Puerto Rico are treated as states.




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                                    FY2020                FY2020                     FY2020
                                    Annual             Supplemental              Estimated Total
            Recipient            Appropriations        Appropriations        (Annual + Supplemental)

 Missouri                               106,474,159             66,542,726                173,016,885
 Montana                                 16,183,100             10,113,887                 26,296,987
 Nebraska                                32,125,068             20,077,074                 52,202,142
 Nevada                                  52,684,637             32,926,105                 85,610,742
 New Hampshire                           11,199,438              6,999,268                 18,198,706
 New Jersey                             100,898,303             63,058,005                163,956,308
 New Mexico                              47,110,962             29,442,748                 76,553,710
 New York                               261,832,246            163,636,242                425,468,488
 North Carolina                         189,027,857            118,135,976                307,163,833
 North Dakota                             9,661,175              6,037,905                 15,699,080
 Ohio                                   187,915,171            117,440,585                305,355,756
 Oklahoma                                80,014,382             50,006,265                130,020,647
 Oregon                                  61,756,006             38,595,401                100,351,407
 Pennsylvania                           170,245,470            106,397,624                276,643,094
 Rhode Island                            13,066,079              8,165,854                 21,231,933
 South Carolina                         101,832,407             63,641,788                165,474,195
 South Dakota                            14,433,916              9,020,707                 23,454,623
 Tennessee                              131,823,595             82,385,260                214,208,855
 Texas                                  594,693,775            371,663,374                966,357,149
 Utah                                    64,667,482             40,414,976                105,082,458
 Vermont                                  7,056,489              4,410,066                 11,466,555
 Virginia                               113,285,225             70,799,409                184,084,634
 Washington                              93,856,483             58,657,107                152,513,590
 West Virginia                           37,060,663             23,161,653                 60,222,316
 Wisconsin                               82,628,488             51,639,992                134,268,480
 Wyoming                                  6,666,231              4,166,167                 10,832,398
 Subtotal, States                    5,352,577,660          3,345,178,849              8,697,756,509
 American Samoa                           7,417,133              4,455,881                 11,873,014
 Guam                                    10,687,582              6,420,621                 17,108,203
 N. Mariana Islands                       5,415,595              3,253,447                  8,669,042
 Puerto Rico                             49,537,340             30,959,151                 80,496,491
 U.S. Virgin Islands                      5,609,690              3,370,051                  8,979,741
 Subtotal, Territoriesa                 78,667,340             48,459,151                127,126,491
 Tribesb                                334,995,000             96,250,000                431,245,000
 Technical Assistancec                   29,130,000                     —                  29,130,000




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 Research and Evaluationd                     29,130,000                             —                        29,130,000
 Hotline and Websitee                          1,500,000                              0                        1,500,000
 Remainderf                                            —                    10,112,000                        10,112,000
 Totals                                  5,826,000,000                 3,500,000,000                     9,326,000,000

    Source: FY2020 annual allotments are drawn from the table on pp. 96-97 of the FY2021 congressional
    justification for the HHS Administration for Children and Families (ACF), which is available at
    https://www.acf.hhs.gov/sites/default/files/olab/fy_2021_congressional_justification.pdf. The CARES Act
    allocations are from the ACF Office of Child Care website at https://www.acf.hhs.gov/occ/resource/occ-covid-
    19-resources (retrieved on April 20, 2020).
    Notes: The FY2020 allotments were estimated by HHS based on amounts appropriated in an FY2020 omnibus
    appropriations act (P.L. 116-94) and the FY2020 supplemental allotments were estimated by HHS based on
    amounts appropriated in the CARES Act (P.L. 116-136).
    a. Under the statutory formula, territories shall receive up to 0.5% of the total appropriation. The FY2020
          annual and supplemental allocations reserve the full 0.5% for territories. Note that while Puerto Rico is
          shown with other territories in this table, it is treated as a state (not a territory) for purposes of the
          allocation formula.
    b. Under the statutory allocation formula, tribes shall receive not less than 2% of the total appropriation. The
          FY2020 annual allocations indicate that HHS reserved a total of 5.75% for tribes and tribal organizations
          (2.75% was reserved based on HHS discretion; remaining funds were reserved under a provision in the
          FY2020 omnibus appropriations act). The FY2020 supplemental allocations indicate that HHS reserved
          2.75% for tribes, the same share of funds HHS has reserved under the statutory formula since FY2016 (not
          counting additional amounts reserved for tribes in annual appropriations acts since FY2018).
    c. Under the statutory formula, HHS shall reserve up to 0.5% for technical assistance and dissemination
          activities. The FY2020 annual allocations reserve the full 0.5% for technical assistance. The FY2020
          supplemental allocations released by HHS do not specify how much will go toward technical assistance.
    d. Under the statutory formula, HHS may reserve 0.5% for research, demonstrations, evaluation, and related
          activities. The FY2020 annual allocations reserve the full 0.5% for these activities. The FY2020 supplemental
          allocations released by HHS do not specify how much (if any) of the funds will go toward these activities.
    e. Under the statutory formula, HHS shall reserve up to $1,500,000 for a national toll-free hotline and
          website. The FY2020 annual allocations indicate that HHS reserved the full amount, suggesting that this
          statutory set-aside was likely satisfied with funds reserved from FY2020 annual appropriations. The FY2020
          supplemental allocations do not specify an amount for these activities.
    f.    To date, the FY2020 supplemental estimates posted to the ACF website only specify the amounts to be
          allocated to states, territories, and tribes. Remaining funds available for allocation are shown here. It is not
          yet known how these funds will be allocated, though they may be used for activities such as technical
          assistance or for research, demonstration, evaluation, or related activities. In addition, the CARES Act
          specifies that funds could be used for federal administrative expenses.




Author Contact Information

Karen E. Lynch
Specialist in Social Policy
#redacted#@crs.loc.gov
                     , 7-....




Congressional Research Service                 R46324 · VERSION 2 · NEW                                                    8
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