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
| Court | House Rules Committee / DeLauro |
|---|---|
| Filed | 2020-07-20 |
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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml 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 ◊ VerDate Nov 24 2008 09:16 Jul 15, 2020 Jkt 000000 PO 00000 Frm 00030 Fmt 6652 Sfmt 6301 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\RCP_HR702 July 15, 2020 (9:16 a.m.) H:\XML\FY20\SUPP\LHHS\CC1\RCP_HR7027.XML L:\VA\071520\A071520.002.xml
File and source
- File
- CONGRESS_HOUSE_APPROPRIATIONS_CCEA-HR7027_2020-07-20.pdf
- Size
- 91,025 bytes
- SHA-256
- 2c7cc63e35938560ad70ef269f196eb4ba13dbccad0d1c4803cea4fbc26c5ef5
- Original
- docs.house.gov