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H.R. 7027, Child Care Is Essential Act (May 27, 2020)

Summary

H.R. 7027, the Child Care Is Essential Act, is a bill introduced in the House of Representatives on May 27, 2020 by Ms. DeLauro and referred to the Committee on Appropriations, and in addition to the Committee on the Budget. It makes additional supplemental appropriations for disaster relief requirements for the fiscal year ending September 30, 2020, and for other purposes. Title I, Department of Health and Human Services, appropriates $50,000,000,000 for Payments to States for the Child Care and Development Block Grant for necessary expenses to carry out the Child Care Stabilization Fund grants program.

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Issuer
Congressional materials
Document type
Bills Bills 116Hr7027Ih Bills 116Hr7027Ih
Case
Bills Bills 116Hr7027Ih Bills 116Hr7027Ih

Cite this document

“H.R. 7027, Child Care Is Essential Act (May 27, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr7027ih-bills-116hr7027ih/, SHA-256 28663598302dabc0a062c09518cfddfa41de3e3d10d831b26a8c47c0f75a86ab.

Full text

                                                                                                                                                                          I




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                            H. R. 7027
                                                                       Making additional supplemental appropriations for disaster relief requirements
                                                                          for the fiscal year ending September 30, 2020, and for other purposes.




                                                                                    IN THE HOUSE OF REPRESENTATIVES
                                                                                                        MAY 27, 2020
                                                                       Ms. DELAURO (for herself, Mr. SCOTT of Virginia, Ms. CLARK of Massachu-
                                                                           setts, Ms. BONAMICI, Mrs. LOWEY, Ms. STEVENS, Ms. FINKENAUER,
                                                                           Mrs. HAYES, Ms. HAALAND, Ms. ROYBAL-ALLARD, Mrs. DAVIS of Cali-
                                                                           fornia, Ms. LEE of California, Mr. GRIJALVA, Mr. POCAN, Mr. COURT-
                                                                           NEY, Ms. FRANKEL, Ms. FUDGE, Mrs. BUSTOS, Mr. SABLAN, Mrs. WAT-
                                                                           SON COLEMAN, Ms. WILSON of Florida, Mr. TAKANO, Ms. ADAMS, Mr.
                                                                           DESAULNIER, Mr. NORCROSS, Ms. JAYAPAL, Mr. MORELLE, Ms. WILD,
                                                                           Mrs. MCBATH, Ms. SHALALA, Mr. LEVIN of Michigan, Ms. OMAR, Mr.
                                                                           TRONE, Mrs. TRAHAN, and Mr. CASTRO of Texas) introduced the fol-
                                                                           lowing bill; which was referred to the Committee on Appropriations, and
                                                                           in addition to the Committee on the Budget, for a period to be subse-
                                                                           quently determined by the Speaker, in each case for consideration of such
                                                                           provisions as fall within the jurisdiction of the committee concerned




                                                                                                                 A BILL
                                                                       Making additional supplemental appropriations for disaster
                                                                          relief requirements for the fiscal year ending September
                                                                          30, 2020, and for other purposes.

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




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                                                                         3 The following sums in this Act are appropriated, out of
                                                                         4 any money in the Treasury not otherwise appropriated,


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                                                                         1 for the fiscal year ending September 30, 2020, and for
                                                                         2 other purposes, namely:
                                                                         3             TITLE I—DEPARTMENT OF HEALTH AND
                                                                         4                                      HUMAN SERVICES
                                                                         5             ADMINISTRATION FOR CHILDREN AND FAMILIES
                                                                         6            PAYMENTS TO STATES FOR THE CHILD CARE AND

                                                                         7                                 DEVELOPMENT BLOCK GRANT

                                                                         8              For an additional amount for ‘‘Payments to States
                                                                         9 for the Child Care and Development Block Grant’’,
                                                                       10 $50,000,000,000, to remain available until September 30,
                                                                       11 2021, for necessary expenses to carry out the Child Care
                                                                       12 Stabilization Fund grants program, as authorized by sec-
                                                                       13 tion 1 of this Act: Provided, That such funds shall be
                                                                       14 available without regard to the requirements in subpara-
                                                                       15 graphs (C) through (E) of section 658E(c)(3) or section
                                                                       16 658G of the Child Care and Development Block Grant
                                                                       17 Act: Provided further, That funds appropriated under this
                                                                       18 heading in this Act may be made available to restore
                                                                       19 amounts, either directly or through reimbursement, for ob-
                                                                       20 ligations incurred prior to the date of enactment of this
                                                                       21 Act for the purposes provided herein: Provided further,
                                                                       22 That such amount is designated by the Congress as being
                                                                       23 for an emergency requirement pursuant to section
                                                                       24 251(b)(2)(A)(i) of the Balanced Budget and Emergency



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                                                                       25 Deficit Control Act of 1985 and shall be available only


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                                                                         1 if the President subsequently so designates such amount
                                                                         2 and transmits such designation to the Congress.
                                                                         3                           CHILD CARE STABILIZATION FUND

                                                                         4              SEC. 1. (a) DEFINITIONS.—In this section:
                                                                         5                       (1) CCDBG TERMS.—The terms ‘‘eligible child
                                                                         6              care provider’’, ‘‘Indian tribe’’, ‘‘lead agency’’, ‘‘trib-
                                                                         7              al organization’’, ‘‘Secretary’’, and ‘‘State’’ have the
                                                                         8              meanings given the terms in section 658P of the
                                                                         9              Child Care and Development Block Grant Act of
                                                                       10               1990 (42 U.S.C. 9858n) except as otherwise pro-
                                                                       11               vided in this section.
                                                                       12                        (2) COVID–19 PUBLIC HEALTH EMERGENCY.—
                                                                       13               The term ‘‘COVID–19 public health emergency’’
                                                                       14               means the public health emergency declared by the
                                                                       15               Secretary of Health and Human Services under sec-
                                                                       16               tion 319 of the Public Health Service Act (42
                                                                       17               U.S.C. 247d) on January 31, 2020, with respect to
                                                                       18               COVID–19, including any renewal of the declara-
                                                                       19               tion.
                                                                       20               (b) GRANTS.—From the amounts appropriated to
                                                                       21 carry out this section and under the authority of section
                                                                       22 658O of the Child Care and Development Block Grant Act
                                                                       23 of 1990 (42 U.S.C. 9858m) and this section, the Secretary
                                                                       24 shall award child care stabilization grants to the lead




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                                                                       25 agency of each State (as defined in that section 658O),
                                                                       26 territory described in subsection (a)(1) of such section, In-
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                                                                         1 dian tribe, and tribal organization from allotments and
                                                                         2 payments made under subsection (c)(2), not later than 30
                                                                         3 days after the date of enactment of this Act.
                                                                         4              (c)       SECRETARIAL                     RESERVATION                     AND     ALLOT-
                                                                         5    MENTS.—

                                                                         6                       (1) RESERVATION.—The Secretary shall reserve
                                                                         7              not more than 1 percent of the funds appropriated
                                                                         8              to carry out this section for the Federal administra-
                                                                         9              tion of grants described in subsection (b).
                                                                       10                        (2) ALLOTMENTS.—The Secretary shall use the
                                                                       11               remainder of the funds appropriated to carry out
                                                                       12               this section to award allotments to States, as defined
                                                                       13               in section 658O of the Child Care Development
                                                                       14               Block Grant Act of 1990 (42 U.S.C. 9858m), and
                                                                       15               payments to territories, Indian tribes, and tribal or-
                                                                       16               ganizations in accordance with paragraphs (1) and
                                                                       17               (2) of subsection (a), and subsection (b), of section
                                                                       18               658O of the Child Care and Development Block
                                                                       19               Grant Act of 1990 (42 U.S.C. 9858m).
                                                                       20               (d) STATE RESERVATIONS AND SUBGRANTS.—
                                                                       21                        (1) RESERVATION.—A lead agency for a State
                                                                       22               that receives a child care stabilization grant pursu-
                                                                       23               ant to subsection (b) shall reserve not more than 10
                                                                       24               percent of such grant funds—



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                                                                         1                                 (A) to administer subgrants made to quali-
                                                                         2                       fied child care providers under paragraph (2),
                                                                         3                       including to carry out data systems building
                                                                         4                       and other activities that enable the disburse-
                                                                         5                       ment of payments of such subgrants;
                                                                         6                                 (B) to provide technical assistance and
                                                                         7                       support in applying for and accessing the
                                                                         8                       subgrant opportunity under paragraph (2), to
                                                                         9                       eligible child care providers (including to family
                                                                       10                        child care providers, group home child care pro-
                                                                       11                        viders, and other non-center-based child care
                                                                       12                        providers and providers with limited administra-
                                                                       13                        tive capacity), either directly or through re-
                                                                       14                        source and referral agencies or staffed family
                                                                       15                        child care networks;
                                                                       16                                  (C) to publicize the availability of sub-
                                                                       17                        grants under this section and conduct wide-
                                                                       18                        spread outreach to eligible child care providers,
                                                                       19                        including family child care providers, group
                                                                       20                        home child care providers, and other non-cen-
                                                                       21                        ter-based child care providers and providers
                                                                       22                        with limited administrative capacity, either di-
                                                                       23                        rectly or through resource and referral agencies
                                                                       24                        or staffed family child care networks, to ensure



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                                                                         1                       eligible child care providers are aware of the
                                                                         2                       subgrants available under this section;
                                                                         3                                 (D) to carry out the reporting require-
                                                                         4                       ments described in subsection (f); and
                                                                         5                                 (E) to carry out activities to improve the
                                                                         6                       supply and qualify of child care during and
                                                                         7                       after the COVID–19 public health emergency,
                                                                         8                       such as conducting community needs assess-
                                                                         9                       ments, carrying out child care cost modeling,
                                                                       10                        making improvements to child care facilities, in-
                                                                       11                        creasing access to licensure or participation in
                                                                       12                        the State’s tiered quality rating system, and
                                                                       13                        carrying out other activities described in section
                                                                       14                        658G(b) of the Child Care and Development
                                                                       15                        Block Grant Act of 1990 (42 U.S.C. 9858e(b)),
                                                                       16                        to the extent that the lead agency can carry out
                                                                       17                        activities described in this subparagraph with-
                                                                       18                        out preventing the lead agency from fully con-
                                                                       19                        ducting the activities described in subpara-
                                                                       20                        graphs (A) through (D).
                                                                       21                        (2) SUBGRANTS TO QUALIFIED CHILD CARE
                                                                       22               PROVIDERS.—

                                                                       23                                  (A) IN GENERAL.—The lead agency shall
                                                                       24                        use the remainder of the grant funds awarded



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                                                                       25                        pursuant to subsection (b) to make subgrants


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                                                                         1                       to qualified child care providers described in
                                                                         2                       subparagraph (B), to support the stability of
                                                                         3                       the child care sector during and after the
                                                                         4                       COVID–19 public health emergency. The lead
                                                                         5                       agency shall provide the subgrant funds in ad-
                                                                         6                       vance of provider expenditures for costs de-
                                                                         7                       scribed in subsection (e), except as provided in
                                                                         8                       subsection (e)(2).
                                                                         9                                 (B) QUALIFIED CHILD CARE PROVIDER.—
                                                                       10                        To be qualified to receive a subgrant under this
                                                                       11                        paragraph, a provider shall be an eligible child
                                                                       12                        care provider that—
                                                                       13                                         (i) was providing child care services
                                                                       14                                  on or before March 1, 2020; and
                                                                       15                                         (ii) on the date of submission of an
                                                                       16                                  application for the subgrant, was either—
                                                                       17                                                  (I) open and available to provide
                                                                       18                                         child care services; or
                                                                       19                                                  (II) closed due to the COVID–19
                                                                       20                                         public health emergency.
                                                                       21                                  (C) SUBGRANT AMOUNT.—The lead agency
                                                                       22                        shall make subgrants, from amounts awarded
                                                                       23                        pursuant to subsection (b), to qualified child
                                                                       24                        care providers, and the amount of such a



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                                                                       25                        subgrant to such a provider shall—


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                                                                         1                                        (i) be based on the provider’s stated
                                                                         2                                 average operating expenses during the pe-
                                                                         3                                 riod (of not longer than 6 months) before
                                                                         4                                 March 1, 2020 and at minimum cover such
                                                                         5                                 operating expenses for the intended length
                                                                         6                                 of the subgrant;
                                                                         7                                        (ii) account for increased costs of pro-
                                                                         8                                 viding or preparing to provide child care as
                                                                         9                                 a result of the COVID–19 public health
                                                                       10                                  emergency, such as provider and employee
                                                                       11                                  compensation and existing benefits (exist-
                                                                       12                                  ing as of March 1, 2020) and the imple-
                                                                       13                                  mentation of new practices related to sani-
                                                                       14                                  tization, group size limits, and social
                                                                       15                                  distancing;
                                                                       16                                         (iii) be adjusted for payments or reim-
                                                                       17                                  bursements made to an eligible child care
                                                                       18                                  provider to carry out the Child Care and
                                                                       19                                  Development Block Grant Act of 1990 (42
                                                                       20                                  U.S.C. 9858 et seq.) or the Head Start
                                                                       21                                  Act (42 U.S.C. 9831 et seq.); and
                                                                       22                                         (iv) be adjusted for payments or reim-
                                                                       23                                  bursements made to an eligible child care
                                                                       24                                  provider through the Paycheck Protection



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                                                                       25                                  Program set forth in section 7(a)(36) of


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                                                                         1                                 the     Small              Business          Act        (15    U.S.C.
                                                                         2                                 636(a)(36)), as added by section 1102 of
                                                                         3                                 the Coronavirus Aid, Relief, and Economic
                                                                         4                                 Security Act (Public Law 116–136).
                                                                         5                                 (D) APPLICATION.—
                                                                         6                                        (i) ELIGIBILITY.—To be eligible to re-
                                                                         7                                 ceive a subgrant under this paragraph, a
                                                                         8                                 child care provider shall submit an applica-
                                                                         9                                 tion to a lead agency at such time and in
                                                                       10                                  such manner as the lead agency may re-
                                                                       11                                  quire. Such application shall include—
                                                                       12                                                  (I) a good-faith certification that
                                                                       13                                         the ongoing operations of the child
                                                                       14                                         care provider have been impacted as a
                                                                       15                                         result of the COVID–19 public health
                                                                       16                                         emergency;
                                                                       17                                                  (II) for a provider described in
                                                                       18                                         subparagraph (B)(ii)(I), an assurance
                                                                       19                                         that, for the duration of the COVID–
                                                                       20                                         19 public health emergency—
                                                                       21                                                             (aa) the provider will give
                                                                       22                                                  priority for available slots (in-
                                                                       23                                                  cluding slots that are only tempo-
                                                                       24                                                  rarily available) to—



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                                                                         1                                                                    (AA) children of essen-
                                                                         2                                                          tial workers (such as health
                                                                         3                                                          care sector employees, emer-
                                                                         4                                                          gency responders, sanitation
                                                                         5                                                          workers, farmworkers, child
                                                                         6                                                          care employees, and other
                                                                         7                                                          workers determined to be es-
                                                                         8                                                          sential during the response
                                                                         9                                                          to coronavirus by public offi-
                                                                       10                                                           cials), children of workers
                                                                       11                                                           whose places of employment
                                                                       12                                                           require            their         attendance,
                                                                       13                                                           children experiencing home-
                                                                       14                                                           lessness, children with dis-
                                                                       15                                                           abilities, children at risk of
                                                                       16                                                           child abuse or neglect, and
                                                                       17                                                           children in foster care, in
                                                                       18                                                           States where stay-at-home
                                                                       19                                                           or related orders are in ef-
                                                                       20                                                           fect; or
                                                                       21                                                                     (BB) children of work-
                                                                       22                                                           ers whose places of employ-
                                                                       23                                                           ment require their attend-
                                                                       24                                                           ance, children experiencing



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                                                                       25                                                           homelessness, children with


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                                                                         1                                                          disabilities, children at risk
                                                                         2                                                          of child abuse or neglect,
                                                                         3                                                          children in foster care, and
                                                                         4                                                          children whose parents are
                                                                         5                                                          in school or a training pro-
                                                                         6                                                          gram, in States where stay-
                                                                         7                                                          at-home or related orders
                                                                         8                                                          are not in effect;
                                                                         9                                                          (bb) the provider will imple-
                                                                       10                                                  ment policies in line with guid-
                                                                       11                                                  ance from the Centers for Dis-
                                                                       12                                                  ease Control and Prevention and
                                                                       13                                                  the corresponding State and local
                                                                       14                                                  authorities, and in accordance
                                                                       15                                                  with State and local orders, for
                                                                       16                                                  child care providers that remain
                                                                       17                                                  open, including guidance on sani-
                                                                       18                                                  tization practices, group size lim-
                                                                       19                                                  its, and social distancing;
                                                                       20                                                           (cc) for each employee, the
                                                                       21                                                  provider will pay the full com-
                                                                       22                                                  pensation described in subsection
                                                                       23                                                  (e)(1)(C), including any benefits,
                                                                       24                                                  that was provided to the em-



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                                                                       25                                                  ployee as of March 1, 2020 (re-


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                                                                         1                                                 ferred to in this clause as ‘‘full
                                                                         2                                                 compensation’’), and will not take
                                                                         3                                                 any action that reduces the week-
                                                                         4                                                 ly amount of the employee’s com-
                                                                         5                                                 pensation               below           the    weekly
                                                                         6                                                 amount of full compensation, or
                                                                         7                                                 that reduces the employee’s rate
                                                                         8                                                 of compensation below the rate of
                                                                         9                                                 full compensation; and
                                                                       10                                                           (dd) the provider will pro-
                                                                       11                                                  vide relief from copayments and
                                                                       12                                                  tuition payments for the families
                                                                       13                                                  enrolled in the provider’s pro-
                                                                       14                                                  gram and prioritize such relief
                                                                       15                                                  for families struggling to make
                                                                       16                                                  either type of payments;
                                                                       17                                                  (III) for a provider described in
                                                                       18                                         subparagraph (B)(ii)(II), an assur-
                                                                       19                                         ance that—
                                                                       20                                                           (aa) for the duration of the
                                                                       21                                                  provider’s closure due to the
                                                                       22                                                  COVID–19 public health emer-
                                                                       23                                                  gency, for each employee, the
                                                                       24                                                  provider will pay full compensa-



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                                                                       25                                                  tion, and will not take any action


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                                                                         1                                                 that reduces the weekly amount
                                                                         2                                                 of the employee’s compensation
                                                                         3                                                 below the weekly amount of full
                                                                         4                                                 compensation, or that reduces
                                                                         5                                                 the employee’s rate of compensa-
                                                                         6                                                 tion below the rate of full com-
                                                                         7                                                 pensation;
                                                                         8                                                          (bb) children enrolled as of
                                                                         9                                                 March 1, 2020, will maintain
                                                                       10                                                  their slots, unless their families
                                                                       11                                                  choose to disenroll the children;
                                                                       12                                                           (cc) for the duration of the
                                                                       13                                                  provider’s closure due to the
                                                                       14                                                  COVID–19 public health emer-
                                                                       15                                                  gency, the provider will provide
                                                                       16                                                  relief from copayments and tui-
                                                                       17                                                  tion payments for the families
                                                                       18                                                  enrolled in the provider’s pro-
                                                                       19                                                  gram and prioritize such relief
                                                                       20                                                  for families struggling to make
                                                                       21                                                  either type of payments; and
                                                                       22                                                           (dd) the provider will re-
                                                                       23                                                  sume operations when the pro-
                                                                       24                                                  vider is able to safely implement



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                                                                       25                                                  policies in line with guidance


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                                                                         1                                                 from the Centers for Disease
                                                                         2                                                 Control and Prevention and the
                                                                         3                                                 corresponding State and local au-
                                                                         4                                                 thorities, and in accordance with
                                                                         5                                                 State and local orders;
                                                                         6                                                 (IV) information about the child
                                                                         7                                        care provider’s—
                                                                         8                                                          (aa) program characteristics
                                                                         9                                                 sufficient to allow the lead agen-
                                                                       10                                                  cy to establish the child care pro-
                                                                       11                                                  vider’s priority status, as de-
                                                                       12                                                  scribed in subparagraph (F);
                                                                       13                                                           (bb)         program             operational
                                                                       14                                                  status on the date of submission
                                                                       15                                                  of the application;
                                                                       16                                                           (cc) type of program, includ-
                                                                       17                                                  ing whether the program is a
                                                                       18                                                  center-based child care, family
                                                                       19                                                  child care, group home child care,
                                                                       20                                                  or other non-center-based child
                                                                       21                                                  care type program;
                                                                       22                                                           (dd) total enrollment on the
                                                                       23                                                  date of submission of the applica-
                                                                       24                                                  tion and total capacity as allowed



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                                                                       25                                                  by the State; and


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                                                                         1                                                          (ee) receipt of assistance,
                                                                         2                                                 and          amount               of       assistance,
                                                                         3                                                 through a payment or reimburse-
                                                                         4                                                 ment described in subparagraph
                                                                         5                                                 (C)(iv), and the time period for
                                                                         6                                                 which the assistance was made;
                                                                         7                                                 (V) information necessary to de-
                                                                         8                                        termine the amount of the subgrant,
                                                                         9                                        such as information about the pro-
                                                                       10                                         vider’s stated average operating ex-
                                                                       11                                         penses over the period before March
                                                                       12                                         1, 2020, described in subparagraph
                                                                       13                                         (C)(i); and
                                                                       14                                                  (VI) such other limited informa-
                                                                       15                                         tion as the lead agency shall deter-
                                                                       16                                         mine to be necessary to make sub-
                                                                       17                                         grants to qualified child care pro-
                                                                       18                                         viders.
                                                                       19                                         (ii) FREQUENCY.—The lead agency
                                                                       20                                  shall accept and process applications sub-
                                                                       21                                  mitted under this subparagraph on a roll-
                                                                       22                                  ing basis.
                                                                       23                                         (iii)       UPDATES.—The                        lead    agency
                                                                       24                                  shall—



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                                                                         1                                                 (I) at least once a month, verify
                                                                         2                                        by obtaining a self-attestation from
                                                                         3                                        each qualified child care provider that
                                                                         4                                        received such a subgrant from the
                                                                         5                                        agency, whether the provider is open
                                                                         6                                        and available to provide child care
                                                                         7                                        services or is closed due to the
                                                                         8                                        COVID–19 public health emergency;
                                                                         9                                                 (II) allow the qualified child care
                                                                       10                                         provider to update the information
                                                                       11                                         provided in a prior application; and
                                                                       12                                                  (III) adjust the qualified child
                                                                       13                                         care provider’s subgrant award as
                                                                       14                                         necessary, based on changes to the
                                                                       15                                         application                 information,                including
                                                                       16                                         changes to the provider’s operational
                                                                       17                                         status.
                                                                       18                                         (iv) EXISTING                   APPLICATIONS.—If               a
                                                                       19                                  lead agency has established and imple-
                                                                       20                                  mented a grant program for child care pro-
                                                                       21                                  viders that is in effect on the date of en-
                                                                       22                                  actment of this Act, and an eligible child
                                                                       23                                  care provider has already submitted an ap-
                                                                       24                                  plication for such a grant to the lead agen-



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                                                                       25                                  cy containing the information specified in


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                                                                         1                                 clause (i), the lead agency shall treat that
                                                                         2                                 application as an application submitted
                                                                         3                                 under this subparagraph. If an eligible
                                                                         4                                 child care provider has already submitted
                                                                         5                                 such an application containing part of the
                                                                         6                                 information specified in clause (i), the pro-
                                                                         7                                 vider may submit to the lead agency an ab-
                                                                         8                                 breviated application that contains the re-
                                                                         9                                 maining information, and the lead agency
                                                                       10                                  shall treat the 2 applications as an applica-
                                                                       11                                  tion submitted under this subparagraph.
                                                                       12                                  (E) MATERIALS.—
                                                                       13                                         (i) IN          GENERAL.—The                     lead agency
                                                                       14                                  shall provide the materials and other re-
                                                                       15                                  sources related to such subgrants, includ-
                                                                       16                                  ing a notification of subgrant opportunities
                                                                       17                                  and application materials, to qualified child
                                                                       18                                  care providers in the most commonly spo-
                                                                       19                                  ken languages in the State.
                                                                       20                                         (ii) APPLICATION.—The application
                                                                       21                                  shall be accessible on the website of the
                                                                       22                                  lead agency within 30 days after the lead
                                                                       23                                  agency receives grant funds awarded pur-
                                                                       24                                  suant to subsection (b) and shall be acces-



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                                                                       25                                  sible to all eligible child care providers, in-


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                                                                         1                                 cluding family child care providers, group
                                                                         2                                 home child care providers, and other non-
                                                                         3                                 center-based child care providers and pro-
                                                                         4                                 viders with limited administrative capacity.
                                                                         5                                 (F)         PRIORITY.—In                  making               subgrants
                                                                         6                       under this section, the lead agency shall give
                                                                         7                       priority to qualified child care providers that,
                                                                         8                       prior to or on March 1, 2020—
                                                                         9                                        (i) provided child care during non-
                                                                       10                                  traditional hours;
                                                                       11                                         (ii) served dual language learners,
                                                                       12                                  children with disabilities, children experi-
                                                                       13                                  encing homelessness, children in foster
                                                                       14                                  care, children from low-income families, or
                                                                       15                                  infants and toddlers;
                                                                       16                                         (iii) served a high proportion of chil-
                                                                       17                                  dren whose families received subsidies
                                                                       18                                  under the Child Care and Development
                                                                       19                                  Block Grant Act of 1990 (42 U.S.C. 9858
                                                                       20                                  et seq.) for the child care; or
                                                                       21                                         (iv) operated in communities, includ-
                                                                       22                                  ing rural communities, with a low supply
                                                                       23                                  of child care.
                                                                       24                                  (G) PROVIDERS RECEIVING OTHER ASSIST-



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                                                                         1                       er a provider is a qualified child care provider,
                                                                         2                       shall not take into consideration receipt of a
                                                                         3                       payment or reimbursement described in sub-
                                                                         4                       paragraph (C)(iii) or subparagraph (C)(iv).
                                                                         5                                 (H) AWARDS.—The lead agency shall equi-
                                                                         6                       tably make subgrants under this paragraph to
                                                                         7                       center-based child care providers, family child
                                                                         8                       care providers, group home child care providers,
                                                                         9                       and other non-center-based child care providers,
                                                                       10                        such that qualified child care providers are able
                                                                       11                        to access the subgrant opportunity under this
                                                                       12                        paragraph regardless of the providers’ setting,
                                                                       13                        size, or administrative capacity.
                                                                       14                                  (I) OBLIGATION.—The lead agency shall
                                                                       15                        obligate at least 50 percent of funds available
                                                                       16                        to carry out this section for subgrants described
                                                                       17                        in this paragraph, by December 31, 2020.
                                                                       18               (e) USES OF FUNDS.—
                                                                       19                        (1) IN GENERAL.—A qualified child care pro-
                                                                       20               vider that receives funds through such a subgrant
                                                                       21               may use the funds for the costs of—
                                                                       22                                  (A) payroll;
                                                                       23                                  (B) employee benefits, including group
                                                                       24                        health plan benefits during periods of paid sick,



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                                                                         1                       medical, or family leave, and insurance pre-
                                                                         2                       miums;
                                                                         3                                 (C) employee salaries or similar compensa-
                                                                         4                       tion, including any income or other compensa-
                                                                         5                       tion to a sole proprietor or independent con-
                                                                         6                       tractor that is a wage, commission, income, net
                                                                         7                       earnings from self-employment, or similar com-
                                                                         8                       pensation;
                                                                         9                                 (D) payment on any mortgage obligation;
                                                                       10                                  (E) rent (including rent under a lease
                                                                       11                        agreement);
                                                                       12                                  (F) utilities;
                                                                       13                                  (G) insurance;
                                                                       14                                  (H) providing premium pay for child care
                                                                       15                        providers and other employees who provide
                                                                       16                        services during the COVID–19 public health
                                                                       17                        emergency;
                                                                       18                                  (I) sanitization and other costs associated
                                                                       19                        with cleaning;
                                                                       20                                  (J) personal protective equipment and
                                                                       21                        other equipment necessary to carry out the
                                                                       22                        functions of the child care provider;
                                                                       23                                  (K) training and professional development
                                                                       24                        related to health and safety practices, including



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                                                                         1                       with guidance from the Centers for Disease
                                                                         2                       Control and Prevention and the corresponding
                                                                         3                       State and local authorities, and in accordance
                                                                         4                       with State and local orders;
                                                                         5                                 (L) modifications to child care services as
                                                                         6                       a result of the COVID–19 public health emer-
                                                                         7                       gency, such as limiting group sizes, adjusting
                                                                         8                       staff-to-child ratios, and implementing other
                                                                         9                       heightened health and safety measures;
                                                                       10                                  (M) mental health supports for children
                                                                       11                        and employees; and
                                                                       12                                  (N) other goods and services necessary to
                                                                       13                        maintain or resume operation of the child care
                                                                       14                        program, or to maintain the viability of the
                                                                       15                        child care provider as a going concern during
                                                                       16                        and after the COVID–19 public health emer-
                                                                       17                        gency.
                                                                       18                        (2) REIMBURSEMENT.—The qualified child care
                                                                       19               provider may use the subgrant funds to reimburse
                                                                       20               the provider for sums obligated or expended before
                                                                       21               the date of enactment of this Act for the cost of a
                                                                       22               good or service described in paragraph (1) to re-
                                                                       23               spond to the COVID–19 public health emergency.
                                                                       24               (f) REPORTING.—



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                                                                         1                       (1) INITIAL REPORT.—A lead agency receiving
                                                                         2              a grant under this section shall, within 60 days after
                                                                         3              making the agency’s first subgrant under subsection
                                                                         4              (d)(2) to a qualified child care provider, submit a re-
                                                                         5              port to the Secretary that includes—
                                                                         6                                 (A) data on qualified child care providers
                                                                         7                       that applied for subgrants and qualified child
                                                                         8                       care providers that received such subgrants, in-
                                                                         9                       cluding—
                                                                       10                                         (i) the number of such applicants and
                                                                       11                                  the number of such recipients;
                                                                       12                                         (ii) the number and proportion of
                                                                       13                                  such applicants and recipients that re-
                                                                       14                                  ceived priority and the characteristic or
                                                                       15                                  characteristics of such applicants and re-
                                                                       16                                  cipients associated with the priority;
                                                                       17                                         (iii) the number and proportion of
                                                                       18                                  such applicants and recipients that are—
                                                                       19                                                  (I) center-based child care pro-
                                                                       20                                         viders;
                                                                       21                                                  (II) family child care providers;
                                                                       22                                                  (III) group home child care pro-
                                                                       23                                         viders; or
                                                                       24                                                  (IV) other non-center-based child



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                                                                         1                                        (iv) within each of the groups listed in
                                                                         2                                 clause (iii), the number of such applicants
                                                                         3                                 and recipients that are, on the date of sub-
                                                                         4                                 mission of the application—
                                                                         5                                                 (I) open and available to provide
                                                                         6                                        child care services; or
                                                                         7                                                 (II) closed due to the COVID–19
                                                                         8                                        public health emergency;
                                                                         9                                 (B) the total capacity of child care pro-
                                                                       10                        viders that are licensed, regulated, or registered
                                                                       11                        in the State on the date of the submission of
                                                                       12                        the report;
                                                                       13                                  (C) a description of—
                                                                       14                                         (i) the efforts of the lead agency to
                                                                       15                                  publicize the availability of subgrants
                                                                       16                                  under this section and conduct widespread
                                                                       17                                  outreach to eligible child care providers
                                                                       18                                  about such subgrants, including efforts to
                                                                       19                                  make materials available in languages
                                                                       20                                  other than English;
                                                                       21                                         (ii) the lead agency’s methodology for
                                                                       22                                  determining amounts of subgrants under
                                                                       23                                  subsection (d)(2);
                                                                       24                                         (iii) the lead agency’s timeline for dis-



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                                                                       25                                  bursing the subgrant funds; and


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                                                                         1                                        (iv) the lead agency’s plan for ensur-
                                                                         2                                 ing that qualified child care providers that
                                                                         3                                 receive funding through such a subgrant
                                                                         4                                 comply with assurances described in sub-
                                                                         5                                 section (d)(2)(D) and use funds in compli-
                                                                         6                                 ance with subsection (e); and
                                                                         7                                 (D) such other limited information as the
                                                                         8                       Secretary may require.
                                                                         9                       (2) QUARTERLY                      REPORT.—The                    lead agency
                                                                       10               shall, following the submission of such initial report,
                                                                       11               submit to the Secretary a report that contains the
                                                                       12               information described in subparagraphs (A), (B),
                                                                       13               and (D) of paragraph (1) once a quarter until all
                                                                       14               funds allotted for activities authorized under this
                                                                       15               section are expended.
                                                                       16                        (3) FINAL REPORT.—Not later than 60 days
                                                                       17               after a lead agency receiving a grant under this sec-
                                                                       18               tion has obligated all of the grant funds (including
                                                                       19               funds received under subsection (h)), the lead agen-
                                                                       20               cy shall submit a report to the Secretary, in such
                                                                       21               manner as the Secretary may require, that in-
                                                                       22               cludes—
                                                                       23                                  (A) the total number of eligible child care
                                                                       24                        providers who were providing child care services



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                                                                       25                        on or before March 1, 2020, in the State and


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                                                                         1                       the number of such providers that submitted an
                                                                         2                       application under subsection (d)(2)(D);
                                                                         3                                 (B) the number of qualified child care pro-
                                                                         4                       viders in the State that received funds through
                                                                         5                       the grant;
                                                                         6                                 (C) the lead agency’s methodology for de-
                                                                         7                       termining amounts of subgrants under sub-
                                                                         8                       section (d)(2);
                                                                         9                                 (D) the average and range of the subgrant
                                                                       10                        amounts by provider type (center-based child
                                                                       11                        care, family child care, group home child care,
                                                                       12                        or other non-center-based child care provider);
                                                                       13                                  (E) the percentages of the child care pro-
                                                                       14                        viders that received such a subgrant, that, on or
                                                                       15                        before March 1, 2020—
                                                                       16                                         (i) provided child care during non-
                                                                       17                                  traditional hours;
                                                                       18                                         (ii) served dual language learners,
                                                                       19                                  children with disabilities, children experi-
                                                                       20                                  encing homelessness, children in foster
                                                                       21                                  care, children from low-income families, or
                                                                       22                                  infants and toddlers;
                                                                       23                                         (iii) served a high proportion of chil-
                                                                       24                                  dren whose families received subsidies



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                                                                         1                                 Block Grant Act of 1990 (42 U.S.C. 9858
                                                                         2                                 et seq.) for the child care; and
                                                                         3                                        (iv) operated in communities, includ-
                                                                         4                                 ing rural communities, with a low supply
                                                                         5                                 of child care;
                                                                         6                                 (F) the number of children served by the
                                                                         7                       child care providers that received such a
                                                                         8                       subgrant, for the duration of the subgrant;
                                                                         9                                 (G) the percentages, of the child care pro-
                                                                       10                        viders that received such a subgrant, that are—
                                                                       11                                         (i) center-based child care providers;
                                                                       12                                         (ii) family child care providers;
                                                                       13                                         (iii) group home child care providers;
                                                                       14                                  or
                                                                       15                                         (iv) other non-center-based child care
                                                                       16                                  providers;
                                                                       17                                  (H) the percentages, of the child care pro-
                                                                       18                        viders listed in subparagraph (G) that are, on
                                                                       19                        the date of submission of the application—
                                                                       20                                         (i) open and available to provide child
                                                                       21                                  care services; or
                                                                       22                                         (ii) closed due to the COVID–19 pub-
                                                                       23                                  lic health emergency;




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                                                                         1                                 (I) information about how child care pro-
                                                                         2                       viders used the funds received under such a
                                                                         3                       subgrant;
                                                                         4                                 (J) information about how the lead agency
                                                                         5                       used funds reserved under subsection (d)(1);
                                                                         6                       and
                                                                         7                                 (K) information about how the subgrants
                                                                         8                       helped to stabilize the child care sector.
                                                                         9                       (4) REPORTS TO CONGRESS.—
                                                                       10                                  (A) FINDINGS FROM INITIAL REPORTS.—
                                                                       11                        Not later than 60 days after receiving all re-
                                                                       12                        ports required to be submitted under paragraph
                                                                       13                        (1), the Secretary shall provide a report to the
                                                                       14                        Committee on Education and Labor of the
                                                                       15                        House of Representatives, to the Committee on
                                                                       16                        Health, Education, Labor and Pensions of the
                                                                       17                        Senate, and to the Committees on Appropria-
                                                                       18                        tions of the House of Representatives and the
                                                                       19                        Senate, summarizing the findings from the re-
                                                                       20                        ports received under paragraph (1).
                                                                       21                                  (B) FINDINGS FROM FINAL REPORTS.—
                                                                       22                        Not later than 36 months after the date of en-
                                                                       23                        actment of this Act, the Secretary shall provide
                                                                       24                        a report to the Committee on Education and



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                                                                       25                        Labor of the House of Representatives, to the


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                                                                         1                       Committee on Health, Education, Labor and
                                                                         2                       Pensions of the Senate, and to the Committees
                                                                         3                       on Appropriations of the House of Representa-
                                                                         4                       tives and the Senate, summarizing the findings
                                                                         5                       from the reports received under paragraph (3).
                                                                         6              (g) SUPPLEMENT NOT SUPPLANT.—Amounts made
                                                                         7 available to carry out this section shall be used to supple-
                                                                         8 ment and not supplant other Federal, State, and local
                                                                         9 public funds expended to provide child care services for
                                                                       10 eligible individuals, including funds provided under the
                                                                       11 Child Care and Development Block Grant Act of 1990 (42
                                                                       12 U.S.C. 9858 et seq.) and State child care programs.
                                                                       13               (h) REALLOTMENT OF UNOBLIGATED FUNDS.—
                                                                       14                        (1) UNOBLIGATED                       FUNDS.—A                   State, Indian
                                                                       15               tribe, or tribal organization shall return to the Sec-
                                                                       16               retary any grant funds received under this section
                                                                       17               that the State, Indian tribe, or tribal organization
                                                                       18               does not obligate by September 30, 2021.
                                                                       19                        (2) REALLOTMENT.—The Secretary shall award
                                                                       20               new allotments and payments, in accordance with
                                                                       21               subsection (c)(2), to covered States, Indian tribes, or
                                                                       22               tribal organizations from funds that are returned
                                                                       23               under paragraph (1) within 60 days of receiving
                                                                       24               such funds. Funds made available through the new



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                                                                       25               allotments and payments shall remain available to


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                                                                         1              each covered State, Indian tribe, or tribal organiza-
                                                                         2              tion until September 30, 2022.
                                                                         3                       (3) COVERED STATE, INDIAN TRIBE, OR TRIBAL
                                                                         4              ORGANIZATION.—For purposes of paragraph (2), a

                                                                         5              covered State, Indian tribe, or tribal organization is
                                                                         6              a State, Indian tribe, or tribal organization that re-
                                                                         7              ceived an allotment or payment under this section
                                                                         8              and was not required to return grant funds under
                                                                         9              paragraph (1).
                                                                       10               (i) EXCEPTIONS.—The Child Care and Development
                                                                       11 Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), exclud-
                                                                       12 ing requirements in subparagraphs (C) through (E) of sec-
                                                                       13 tion 658E(c)(3), section 658G, and section 658J(c) of
                                                                       14 such Act (42 U.S.C. 9858c(c)(3), 9858e, 9858h(c)), shall
                                                                       15 apply to child care services provided under this section to
                                                                       16 the extent the application of such Act does not conflict
                                                                       17 with the provisions of this section. Nothing in this Act
                                                                       18 shall be construed to require a State to submit an applica-
                                                                       19 tion, other than the application described in section 658E
                                                                       20 or 658O(c) of the Child Care and Development Block
                                                                       21 Grant Act of 1990 (42 U.S.C. 9858c, 9858m(c)), to re-
                                                                       22 ceive a grant under this Act.
                                                                       23               (j) AUTHORIZATION OF APPROPRIATION.—




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                                                                         1                       (1) IN GENERAL.—There is authorized to be
                                                                         2              appropriated to carry out this Act $50,000,000,000
                                                                         3              for fiscal year 2020.
                                                                         4                       (2) APPLICATION.—In carrying out the Child
                                                                         5              Care and Development Block Grant Act of 1990
                                                                         6              with funds other than the funds appropriated under
                                                                         7              paragraph (1), the Secretary shall calculate the
                                                                         8              amounts of appropriated funds described in sub-
                                                                         9              sections (a) and (b) of section 658O of such Act (42
                                                                       10               U.S.C. 9858m) by excluding funds appropriated
                                                                       11               under paragraph (1).
                                                                       12               SEC. 2. Each amount appropriated or made available
                                                                       13 by this Act is in addition to any amounts otherwise appro-
                                                                       14 priated for the fiscal year involved.
                                                                       15               SEC. 3. Unless otherwise provided for by this Act,
                                                                       16 the additional amounts appropriated by this Act to appro-
                                                                       17 priations accounts shall be available under the authorities
                                                                       18 and conditions applicable to such appropriations accounts
                                                                       19 for fiscal year 2020.
                                                                       20               This Act may be cited as the ‘‘Child Care Is Essential
                                                                       21 Act’’.
                                                                                                                              Æ




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