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Home Court filings Pandemic Relief Dead Ends H.R. 7027 — Child Care Is Essential Act — Rules Committee Print 116-58

Court filing

H.R. 7027 — Child Care Is Essential Act — Rules Committee Print 116-58

Filed July 20, 2020 in Pandemic Relief Dead Ends; one of 21 filings from this case.

Record facts

CourtHouse Rules Committee / DeLauro
Filed2020-07-20

Full text

JULY 15, 2020 
RULES COMMITTEE PRINT 116-58 
TEXT OF H.R. 7027, CHILD CARE IS ESSENTIAL 
ACT 
[Showing the text of H.R. 7027, as introduced, with 
modifications.] 
The following sums in this Act are appropriated, out 
1
of any money in the Treasury not otherwise appropriated, 
2
for the fiscal year ending September 30, 2020, and for 
3
other purposes, namely: 
4
TITLE I—DEPARTMENT OF HEALTH AND 
5
HUMAN SERVICES 
6
ADMINISTRATION FOR CHILDREN AND FAMILIES 
7
PAYMENTS TO STATES FOR THE CHILD CARE AND 
8
DEVELOPMENT BLOCK GRANT 
9
For an additional amount for ‘‘Payments to States 
10
for the Child Care and Development Block Grant’’, 
11
$50,000,000,000, to remain available until September 30, 
12
2021, for necessary expenses to carry out the Child Care 
13
Stabilization Fund grants program, as authorized by sec-
14
tion 1 of this Act: Provided, That such funds shall be 
15
available without regard to the requirements in subpara-
16
graphs (C) through (E) of section 658E(c)(3) or section 
17
658G of the Child Care and Development Block Grant 
18
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2 
Act: Provided further, That funds appropriated under this 
1
heading in this Act may be made available to restore 
2
amounts, either directly or through reimbursement, for ob-
3
ligations incurred prior to the date of enactment of this 
4
Act for the purposes provided herein: Provided further, 
5
That such amount is designated by the Congress as being 
6
for an emergency requirement pursuant to section 
7
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
8
Deficit Control Act of 1985 and shall be available only 
9
if the President subsequently so designates such amount 
10
and transmits such designation to the Congress. 
11
CHILD CARE STABILIZATION FUND 
12
SEC. 1. (a) DEFINITIONS.—In this section: 
13
(1) CCDBG TERMS.—The terms ‘‘eligible child 
14
care provider’’, ‘‘Indian tribe’’, ‘‘lead agency’’, ‘‘trib-
15
al organization’’, ‘‘Secretary’’, and ‘‘State’’ have the 
16
meanings given the terms in section 658P of the 
17
Child Care and Development Block Grant Act of 
18
1990 (42 U.S.C. 9858n) except as otherwise pro-
19
vided in this section. 
20
(2) COVID–19 PUBLIC HEALTH EMERGENCY.— 
21
The term ‘‘COVID–19 public health emergency’’ 
22
means the public health emergency declared by the 
23
Secretary of Health and Human Services under sec-
24
tion 319 of the Public Health Service Act (42 
25
U.S.C. 247d) on January 31, 2020, with respect to 
26
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3 
COVID–19, including any renewal of the declara-
1
tion. 
2
(b) GRANTS.—From the amounts appropriated to 
3
carry out this section and under the authority of section 
4
658O of the Child Care and Development Block Grant Act 
5
of 1990 (42 U.S.C. 9858m) and this section, the Secretary 
6
shall award child care stabilization grants to the lead 
7
agency of each State (as defined in that section 658O), 
8
territory described in subsection (a)(1) of such section, In-
9
dian tribe, and tribal organization from allotments and 
10
payments made under subsection (c)(2), not later than 30 
11
days after the date of enactment of this Act. 
12
(c) 
SECRETARIAL
RESERVATION
AND
ALLOT-
13
MENTS.— 
14
(1) RESERVATION.—The Secretary shall reserve 
15
not more than 1 percent of the funds appropriated 
16
to carry out this section for the Federal administra-
17
tion of grants described in subsection (b). 
18
(2) ALLOTMENTS.—The Secretary shall use the 
19
remainder of the funds appropriated to carry out 
20
this section to award allotments to States, as defined 
21
in section 658O of the Child Care Development 
22
Block Grant Act of 1990 (42 U.S.C. 9858m), and 
23
payments to territories, Indian tribes, and tribal or-
24
ganizations in accordance with paragraphs (1) and 
25
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4 
(2) of subsection (a), and subsection (b), of section 
1
658O of the Child Care and Development Block 
2
Grant Act of 1990 (42 U.S.C. 9858m). 
3
(d) STATE RESERVATIONS AND SUBGRANTS.— 
4
(1) RESERVATION.—A lead agency for a State 
5
that receives a child care stabilization grant pursu-
6
ant to subsection (b) shall reserve not more than 10 
7
percent of such grant funds— 
8
(A) to administer subgrants made to quali-
9
fied child care providers under paragraph (2), 
10
including to carry out data systems building 
11
and other activities that enable the disburse-
12
ment of payments of such subgrants; 
13
(B) to provide technical assistance and 
14
support in applying for and accessing the 
15
subgrant opportunity under paragraph (2), to 
16
eligible child care providers (including to family 
17
child care providers, group home child care pro-
18
viders, and other non-center-based child care 
19
providers and providers with limited administra-
20
tive capacity), either directly or through re-
21
source and referral agencies or staffed family 
22
child care networks; 
23
(C) to publicize the availability of sub-
24
grants under this section and conduct wide-
25
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5 
spread outreach to eligible child care providers, 
1
including family child care providers, group 
2
home child care providers, and other non-cen-
3
ter-based child care providers and providers 
4
with limited administrative capacity, either di-
5
rectly or through resource and referral agencies 
6
or staffed family child care networks, to ensure 
7
eligible child care providers are aware of the 
8
subgrants available under this section; 
9
(D) to carry out the reporting require-
10
ments described in subsection (f); and 
11
(E) to carry out activities to improve the 
12
supply and quality of child care during and 
13
after the COVID–19 public health emergency, 
14
such as conducting community needs assess-
15
ments, carrying out child care cost modeling, 
16
making improvements to child care facilities, in-
17
creasing access to licensure or participation in 
18
the State’s tiered quality rating system, and 
19
carrying out other activities described in section 
20
658G(b) of the Child Care and Development 
21
Block Grant Act of 1990 (42 U.S.C. 9858e(b)), 
22
to the extent that the lead agency can carry out 
23
activities described in this subparagraph with-
24
out preventing the lead agency from fully con-
25
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6 
ducting the activities described in subpara-
1
graphs (A) through (D). 
2
(2) SUBGRANTS
TO
QUALIFIED
CHILD
CARE 
3
PROVIDERS.— 
4
(A) IN GENERAL.—The lead agency shall 
5
use the remainder of the grant funds awarded 
6
pursuant to subsection (b) to make subgrants 
7
to qualified child care providers described in 
8
subparagraph (B), to support the stability of 
9
the child care sector during and after the 
10
COVID–19 public health emergency. The lead 
11
agency shall provide the subgrant funds in ad-
12
vance of provider expenditures for costs de-
13
scribed in subsection (e), except as provided in 
14
subsection (e)(2). 
15
(B) QUALIFIED CHILD CARE PROVIDER.— 
16
To be qualified to receive a subgrant under this 
17
paragraph, a provider shall be an eligible child 
18
care provider that— 
19
(i) was providing child care services 
20
on or before March 1, 2020; and 
21
(ii) on the date of submission of an 
22
application for the subgrant, was either— 
23
(I) open and available to provide 
24
child care services; or 
25
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7 
(II) closed due to the COVID–19 
1
public health emergency. 
2
(C) SUBGRANT AMOUNT.—The lead agency 
3
shall make subgrants, from amounts awarded 
4
pursuant to subsection (b), to qualified child 
5
care providers, and the amount of such a 
6
subgrant to such a provider shall— 
7
(i) be based on the provider’s stated 
8
average operating expenses during the pe-
9
riod (of not longer than 6 months) before 
10
March 1, 2020, or before the provider’s 
11
last day of operation for a provider that 
12
operates seasonally, and at minimum cover 
13
such operating expenses for the intended 
14
length of the subgrant; 
15
(ii) account for increased costs of pro-
16
viding or preparing to provide child care as 
17
a result of the COVID–19 public health 
18
emergency, such as provider and employee 
19
compensation and existing benefits (exist-
20
ing as of March 1, 2020) and the imple-
21
mentation of new practices related to sani-
22
tization, group size limits, and social 
23
distancing; 
24
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8 
(iii) be adjusted for payments or reim-
1
bursements made to an eligible child care 
2
provider to carry out the Child Care and 
3
Development Block Grant Act of 1990 (42 
4
U.S.C. 9857 et seq.) or the Head Start 
5
Act (42 U.S.C. 9831 et seq.); and 
6
(iv) be adjusted for payments or reim-
7
bursements made to an eligible child care 
8
provider through the Paycheck Protection 
9
Program set forth in section 7(a)(36) of 
10
the Small Business Act (15 U.S.C. 
11
636(a)(36)), as added by section 1102 of 
12
the Coronavirus Aid, Relief, and Economic 
13
Security Act (Public Law 116–136). 
14
(D) APPLICATION.— 
15
(i) ELIGIBILITY.—To be eligible to re-
16
ceive a subgrant under this paragraph, a 
17
child care provider shall submit an applica-
18
tion to a lead agency at such time and in 
19
such manner as the lead agency may re-
20
quire. Such application shall include— 
21
(I) a good-faith certification that 
22
the ongoing operations of the child 
23
care provider have been impacted as a 
24
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9 
result of the COVID–19 public health 
1
emergency; 
2
(II) for a provider described in 
3
subparagraph (B)(ii)(I), an assurance 
4
that, for the duration of the COVID– 
5
19 public health emergency— 
6
(aa) the provider will give 
7
priority for available slots (in-
8
cluding slots that are only tempo-
9
rarily available) to— 
10
(AA) children of essen-
11
tial workers (such as health 
12
care sector employees, emer-
13
gency responders, sanitation 
14
workers, farmworkers, child 
15
care employees, and other 
16
workers determined to be es-
17
sential during the response 
18
to coronavirus by public offi-
19
cials), children of workers 
20
whose places of employment 
21
require 
their 
attendance, 
22
children experiencing home-
23
lessness, children with dis-
24
abilities, children at risk of 
25
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10 
child abuse or neglect, and 
1
children in foster care, in 
2
States, tribal communities, 
3
or localities where stay-at- 
4
home or related orders are 
5
in effect; or 
6
(BB) children of work-
7
ers whose places of employ-
8
ment require their attend-
9
ance, children experiencing 
10
homelessness, children with 
11
disabilities, children at risk 
12
of child abuse or neglect, 
13
children in foster care, and 
14
children whose parents are 
15
in school or a training pro-
16
gram, in States, tribal com-
17
munities, or localities where 
18
stay-at-home or related or-
19
ders are not in effect; 
20
(bb) the provider will imple-
21
ment policies in line with guid-
22
ance from the Centers for Dis-
23
ease Control and Prevention and 
24
the corresponding State, tribal, 
25
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11 
and local authorities, and in ac-
1
cordance with State, tribal, and 
2
local orders, for child care pro-
3
viders that remain open, includ-
4
ing 
guidance 
on 
sanitization 
5
practices, group size limits, and 
6
social distancing; 
7
(cc) for each employee, the 
8
provider will pay the full com-
9
pensation described in subsection 
10
(e)(1)(C), including any benefits, 
11
that was provided to the em-
12
ployee as of March 1, 2020 (re-
13
ferred to in this clause as ‘‘full 
14
compensation’’), and will not take 
15
any action that reduces the week-
16
ly amount of the employee’s com-
17
pensation 
below 
the 
weekly 
18
amount of full compensation, or 
19
that reduces the employee’s rate 
20
of compensation below the rate of 
21
full compensation; and 
22
(dd) the provider will pro-
23
vide relief from copayments and 
24
tuition payments for the families 
25
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12 
enrolled in the provider’s pro-
1
gram and prioritize such relief 
2
for families struggling to make 
3
either type of payments; 
4
(III) for a provider described in 
5
subparagraph (B)(ii)(II), an assur-
6
ance that— 
7
(aa) for the duration of the 
8
provider’s closure due to the 
9
COVID–19 public health emer-
10
gency, for each employee, the 
11
provider will pay full compensa-
12
tion, and will not take any action 
13
that reduces the weekly amount 
14
of the employee’s compensation 
15
below the weekly amount of full 
16
compensation, or that reduces 
17
the employee’s rate of compensa-
18
tion below the rate of full com-
19
pensation; 
20
(bb) children enrolled as of 
21
March 1, 2020, will maintain 
22
their slots, unless their families 
23
choose to disenroll the children; 
24
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13 
(cc) for the duration of the 
1
provider’s closure due to the 
2
COVID–19 public health emer-
3
gency, the provider will provide 
4
relief from copayments and tui-
5
tion payments for the families 
6
enrolled in the provider’s pro-
7
gram and prioritize such relief 
8
for families struggling to make 
9
either type of payments; and 
10
(dd) the provider will re-
11
sume operations when the pro-
12
vider is able to safely implement 
13
policies in line with guidance 
14
from the Centers for Disease 
15
Control and Prevention and the 
16
corresponding State, tribal, and 
17
local authorities, and in accord-
18
ance with State, tribal, and local 
19
orders; 
20
(IV) information about the child 
21
care provider’s— 
22
(aa) program characteristics 
23
sufficient to allow the lead agen-
24
cy to establish the child care pro-
25
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14 
vider’s priority status, as de-
1
scribed in subparagraph (F); 
2
(bb) 
program 
operational 
3
status on the date of submission 
4
of the application; 
5
(cc) type of program, includ-
6
ing whether the program is a 
7
center-based child care, family 
8
child care, group home child care, 
9
or other non-center-based child 
10
care type program; 
11
(dd) total enrollment on the 
12
date of submission of the applica-
13
tion and total capacity as allowed 
14
by the State and tribal authori-
15
ties; and 
16
(ee) receipt of assistance, 
17
and 
amount 
of 
assistance, 
18
through a payment or reimburse-
19
ment described in subparagraph 
20
(C)(iv), and the time period for 
21
which the assistance was made; 
22
(V) information necessary to de-
23
termine the amount of the subgrant, 
24
such as information about the pro-
25
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15 
vider’s stated average operating ex-
1
penses over the appropriate period, 
2
described in subparagraph (C)(i); and 
3
(VI) such other limited informa-
4
tion as the lead agency shall deter-
5
mine to be necessary to make sub-
6
grants to qualified child care pro-
7
viders. 
8
(ii) FREQUENCY.—The lead agency 
9
shall accept and process applications sub-
10
mitted under this subparagraph on a roll-
11
ing basis. 
12
(iii) 
UPDATES.—The 
lead 
agency 
13
shall— 
14
(I) at least once a month, verify 
15
by obtaining a self-attestation from 
16
each qualified child care provider that 
17
received such a subgrant from the 
18
agency, whether the provider is open 
19
and available to provide child care 
20
services or is closed due to the 
21
COVID–19 public health emergency; 
22
(II) allow the qualified child care 
23
provider to update the information 
24
provided in a prior application; and 
25
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16 
(III) adjust the qualified child 
1
care provider’s subgrant award as 
2
necessary, based on changes to the 
3
application 
information, 
including 
4
changes to the provider’s operational 
5
status. 
6
(iv) EXISTING
APPLICATIONS.—If a 
7
lead agency has established and imple-
8
mented a grant program for child care pro-
9
viders that is in effect on the date of en-
10
actment of this Act, and an eligible child 
11
care provider has already submitted an ap-
12
plication for such a grant to the lead agen-
13
cy containing the information specified in 
14
clause (i), the lead agency shall treat that 
15
application as an application submitted 
16
under this subparagraph. If an eligible 
17
child care provider has already submitted 
18
such an application containing part of the 
19
information specified in clause (i), the pro-
20
vider may submit to the lead agency an ab-
21
breviated application that contains the re-
22
maining information, and the lead agency 
23
shall treat the 2 applications as an applica-
24
tion submitted under this subparagraph. 
25
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17 
(E) MATERIALS.— 
1
(i) IN
GENERAL.—The lead agency 
2
shall provide the materials and other re-
3
sources related to such subgrants, includ-
4
ing a notification of subgrant opportunities 
5
and application materials, to qualified child 
6
care providers in the most commonly spo-
7
ken languages in the State. 
8
(ii) APPLICATION.—The application 
9
shall be accessible on the website of the 
10
lead agency within 30 days after the lead 
11
agency receives grant funds awarded pur-
12
suant to subsection (b) and shall be acces-
13
sible to all eligible child care providers, in-
14
cluding family child care providers, group 
15
home child care providers, and other non- 
16
center-based child care providers and pro-
17
viders with limited administrative capacity. 
18
(F) 
PRIORITY.—In 
making 
subgrants 
19
under this section, the lead agency shall give 
20
priority to qualified child care providers that, 
21
prior to or on March 1, 2020— 
22
(i) provided child care during non-
23
traditional hours; 
24
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18 
(ii) served dual language learners, 
1
children with disabilities, children experi-
2
encing homelessness, children in foster 
3
care, children from low-income families, or 
4
infants and toddlers; 
5
(iii) served a high proportion of chil-
6
dren whose families received subsidies 
7
under the Child Care and Development 
8
Block Grant Act of 1990 (42 U.S.C. 9857 
9
et seq.) for the child care; or 
10
(iv) operated in communities, includ-
11
ing rural communities, with a low supply 
12
of child care. 
13
(G) PROVIDERS RECEIVING OTHER ASSIST-
14
ANCE.—The lead agency, in determining wheth-
15
er a provider is a qualified child care provider, 
16
shall not take into consideration receipt of a 
17
payment or reimbursement described in sub-
18
paragraph (C)(iii) or subparagraph (C)(iv). 
19
(H) AWARDS.—The lead agency shall equi-
20
tably make subgrants under this paragraph to 
21
center-based child care providers, family child 
22
care providers, group home child care providers, 
23
and other non-center-based child care providers, 
24
such that qualified child care providers are able 
25
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19 
to access the subgrant opportunity under this 
1
paragraph regardless of the providers’ setting, 
2
size, or administrative capacity. 
3
(I) OBLIGATION.—The lead agency shall 
4
obligate at least 50 percent of funds available 
5
to carry out this section for subgrants described 
6
in this paragraph, by December 31, 2020. 
7
(e) USES OF FUNDS.— 
8
(1) IN GENERAL.—A qualified child care pro-
9
vider that receives funds through such a subgrant 
10
may use the funds for the costs of— 
11
(A) payroll; 
12
(B) employee benefits, including group 
13
health plan benefits during periods of paid sick, 
14
medical, or family leave, and insurance pre-
15
miums; 
16
(C) employee salaries or similar compensa-
17
tion, including any income or other compensa-
18
tion to a sole proprietor or independent con-
19
tractor that is a wage, commission, income, net 
20
earnings from self-employment, or similar com-
21
pensation; 
22
(D) payment on any mortgage obligation; 
23
(E) rent (including rent under a lease 
24
agreement); 
25
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20 
(F) utilities; 
1
(G) insurance; 
2
(H) providing premium pay for child care 
3
providers and other employees who provide 
4
services during the COVID–19 public health 
5
emergency; 
6
(I) sanitization and other costs associated 
7
with cleaning; 
8
(J) personal protective equipment and 
9
other equipment necessary to carry out the 
10
functions of the child care provider; 
11
(K) training and professional development 
12
related to health and safety practices, including 
13
the proper implementation of policies in line 
14
with guidance from the Centers for Disease 
15
Control and Prevention and the corresponding 
16
State, tribal, and local authorities, and in ac-
17
cordance with State, tribal, and local orders; 
18
(L) modifications to child care services as 
19
a result of the COVID–19 public health emer-
20
gency, such as limiting group sizes, adjusting 
21
staff-to-child ratios, and implementing other 
22
heightened health and safety measures; 
23
(M) mental health supports for children 
24
and employees; and 
25
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21 
(N) other goods and services necessary to 
1
maintain or resume operation of the child care 
2
program, or to maintain the viability of the 
3
child care provider as a going concern during 
4
and after the COVID–19 public health emer-
5
gency. 
6
(2) REIMBURSEMENT.—The qualified child care 
7
provider may use the subgrant funds to reimburse 
8
the provider for sums obligated or expended before 
9
the date of enactment of this Act for the cost of a 
10
good or service described in paragraph (1) to re-
11
spond to the COVID–19 public health emergency. 
12
(f) REPORTING.— 
13
(1) INITIAL REPORT.—A lead agency receiving 
14
a grant under this section shall, within 60 days after 
15
making the agency’s first subgrant under subsection 
16
(d)(2) to a qualified child care provider, submit a re-
17
port to the Secretary that includes— 
18
(A) data on qualified child care providers 
19
that applied for subgrants and qualified child 
20
care providers that received such subgrants, in-
21
cluding— 
22
(i) the number of such applicants and 
23
the number of such recipients; 
24
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22 
(ii) the number and proportion of 
1
such applicants and recipients that re-
2
ceived priority and the characteristic or 
3
characteristics of such applicants and re-
4
cipients associated with the priority; 
5
(iii) the number and proportion of 
6
such applicants and recipients that are— 
7
(I) center-based child care pro-
8
viders; 
9
(II) family child care providers; 
10
(III) group home child care pro-
11
viders; or 
12
(IV) other non-center-based child 
13
care providers; and 
14
(iv) within each of the groups listed in 
15
clause (iii), the number of such applicants 
16
and recipients that are, on the date of sub-
17
mission of the application— 
18
(I) open and available to provide 
19
child care services; or 
20
(II) closed due to the COVID–19 
21
public health emergency; 
22
(B) the total capacity of child care pro-
23
viders that are licensed, regulated, or registered 
24
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23 
in the State on the date of the submission of 
1
the report; 
2
(C) a description of— 
3
(i) the efforts of the lead agency to 
4
publicize the availability of subgrants 
5
under this section and conduct widespread 
6
outreach to eligible child care providers 
7
about such subgrants, including efforts to 
8
make materials available in languages 
9
other than English; 
10
(ii) the lead agency’s methodology for 
11
determining amounts of subgrants under 
12
subsection (d)(2); 
13
(iii) the lead agency’s timeline for dis-
14
bursing the subgrant funds; and 
15
(iv) the lead agency’s plan for ensur-
16
ing that qualified child care providers that 
17
receive funding through such a subgrant 
18
comply with assurances described in sub-
19
section (d)(2)(D) and use funds in compli-
20
ance with subsection (e); and 
21
(D) such other limited information as the 
22
Secretary may require. 
23
(2) QUARTERLY
REPORT.—The lead agency 
24
shall, following the submission of such initial report, 
25
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24 
submit to the Secretary a report that contains the 
1
information described in subparagraphs (A), (B), 
2
and (D) of paragraph (1) once a quarter until all 
3
funds allotted for activities authorized under this 
4
section are expended. 
5
(3) FINAL REPORT.—Not later than 60 days 
6
after a lead agency receiving a grant under this sec-
7
tion has obligated all of the grant funds (including 
8
funds received under subsection (h)), the lead agen-
9
cy shall submit a report to the Secretary, in such 
10
manner as the Secretary may require, that in-
11
cludes— 
12
(A) the total number of eligible child care 
13
providers who were providing child care services 
14
on or before March 1, 2020, in the State and 
15
the number of such providers that submitted an 
16
application under subsection (d)(2)(D); 
17
(B) the number of qualified child care pro-
18
viders in the State that received funds through 
19
the grant; 
20
(C) the lead agency’s methodology for de-
21
termining amounts of subgrants under sub-
22
section (d)(2); 
23
(D) the average and range of the subgrant 
24
amounts by provider type (center-based child 
25
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25 
care, family child care, group home child care, 
1
or other non-center-based child care provider); 
2
(E) the percentages of the child care pro-
3
viders that received such a subgrant, that, on or 
4
before March 1, 2020— 
5
(i) provided child care during non-
6
traditional hours; 
7
(ii) served dual language learners, 
8
children with disabilities, children experi-
9
encing homelessness, children in foster 
10
care, children from low-income families, or 
11
infants and toddlers; 
12
(iii) served a high proportion of chil-
13
dren whose families received subsidies 
14
under the Child Care and Development 
15
Block Grant Act of 1990 (42 U.S.C. 9857 
16
et seq.) for the child care; and 
17
(iv) operated in communities, includ-
18
ing rural communities, with a low supply 
19
of child care; 
20
(F) the number of children served by the 
21
child care providers that received such a 
22
subgrant, for the duration of the subgrant; 
23
(G) the percentages, of the child care pro-
24
viders that received such a subgrant, that are— 
25
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26 
(i) center-based child care providers; 
1
(ii) family child care providers; 
2
(iii) group home child care providers; 
3
or 
4
(iv) other non-center-based child care 
5
providers; 
6
(H) the percentages, of the child care pro-
7
viders listed in subparagraph (G) that are, on 
8
the date of submission of the application— 
9
(i) open and available to provide child 
10
care services; or 
11
(ii) closed due to the COVID–19 pub-
12
lic health emergency; 
13
(I) information about how child care pro-
14
viders used the funds received under such a 
15
subgrant; 
16
(J) information about how the lead agency 
17
used funds reserved under subsection (d)(1); 
18
and 
19
(K) information about how the subgrants 
20
helped to stabilize the child care sector. 
21
(4) REPORTS TO CONGRESS.— 
22
(A) FINDINGS FROM INITIAL REPORTS.— 
23
Not later than 60 days after receiving all re-
24
ports required to be submitted under paragraph 
25
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27 
(1), the Secretary shall provide a report to the 
1
Committee on Education and Labor of the 
2
House of Representatives, to the Committee on 
3
Health, Education, Labor and Pensions of the 
4
Senate, and to the Committees on Appropria-
5
tions of the House of Representatives and the 
6
Senate, summarizing the findings from the re-
7
ports received under paragraph (1). 
8
(B) FINDINGS
FROM
FINAL
REPORTS.— 
9
Not later than 36 months after the date of en-
10
actment of this Act, the Secretary shall provide 
11
a report to the Committee on Education and 
12
Labor of the House of Representatives, to the 
13
Committee on Health, Education, Labor and 
14
Pensions of the Senate, and to the Committees 
15
on Appropriations of the House of Representa-
16
tives and the Senate, summarizing the findings 
17
from the reports received under paragraph (3). 
18
(g) SUPPLEMENT NOT SUPPLANT.—Amounts made 
19
available to carry out this section shall be used to supple-
20
ment and not supplant other Federal, State, and local 
21
public funds expended to provide child care services for 
22
eligible individuals, including funds provided under the 
23
Child Care and Development Block Grant Act of 1990 (42 
24
U.S.C. 9857 et seq.) and State child care programs. 
25
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28 
(h) REALLOTMENT OF UNOBLIGATED FUNDS.— 
1
(1) UNOBLIGATED
FUNDS.—A State, Indian 
2
tribe, or tribal organization shall return to the Sec-
3
retary any grant funds received under this section 
4
that the State, Indian tribe, or tribal organization 
5
does not obligate by September 30, 2021. 
6
(2) REALLOTMENT.—The Secretary shall award 
7
new allotments and payments, in accordance with 
8
subsection (c)(2), to covered States, Indian tribes, or 
9
tribal organizations from funds that are returned 
10
under paragraph (1) within 60 days of receiving 
11
such funds. Funds made available through the new 
12
allotments and payments shall remain available to 
13
each covered State, Indian tribe, or tribal organiza-
14
tion until September 30, 2022. 
15
(3) COVERED STATE, INDIAN TRIBE, OR TRIBAL 
16
ORGANIZATION.—For purposes of paragraph (2), a 
17
covered State, Indian tribe, or tribal organization is 
18
a State, Indian tribe, or tribal organization that re-
19
ceived an allotment or payment under this section 
20
and was not required to return grant funds under 
21
paragraph (1). 
22
(i) EXCEPTIONS.—The Child Care and Development 
23
Block Grant Act of 1990 (42 U.S.C. 9857 et seq.), exclud-
24
ing requirements in subparagraphs (C) through (E) of sec-
25
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29 
tion 658E(c)(3), section 658G, and section 658J(c) of 
1
such Act (42 U.S.C. 9858c(c)(3), 9858e, 9858h(c)), shall 
2
apply to child care services provided under this section to 
3
the extent the application of such Act does not conflict 
4
with the provisions of this section. Nothing in this Act 
5
shall be construed to require a State, Indian tribe, or trib-
6
al organization to submit an application, other than the 
7
application described in section 658E or 658O(c) of the 
8
Child Care and Development Block Grant Act of 1990 (42 
9
U.S.C. 9858c, 9858m(c)), to receive a grant under this 
10
Act. 
11
(j) AUTHORIZATION OF APPROPRIATION.— 
12
(1) IN GENERAL.—There is authorized to be 
13
appropriated to carry out this Act $50,000,000,000 
14
for fiscal year 2020. 
15
(2) APPLICATION.—In carrying out the Child 
16
Care and Development Block Grant Act of 1990 
17
with funds other than the funds appropriated under 
18
paragraph (1), the Secretary shall calculate the 
19
amounts of appropriated funds described in sub-
20
sections (a) and (b) of section 658O of such Act (42 
21
U.S.C. 9858m) by excluding funds appropriated 
22
under paragraph (1). 
23
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30 
SEC. 2. Each amount appropriated or made available 
1
by this Act is in addition to any amounts otherwise appro-
2
priated for the fiscal year involved. 
3
SEC. 3. Unless otherwise provided for by this Act, 
4
the additional amounts appropriated by this Act to appro-
5
priations accounts shall be available under the authorities 
6
and conditions applicable to such appropriations accounts 
7
for fiscal year 2020. 
8
This Act may be cited as the ‘‘Child Care Is Essential 
9
Act’’. 
10
◊ 
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