H.R. 7027, Child Care Is Essential Act (July 30, 2020)
Summary
H.R. 7027, the Child Care Is Essential Act, was received in the Senate on July 30, 2020, and referred to the Committee on Appropriations, after it passed the House of Representatives on July 29, 2020. It makes additional supplemental appropriations for disaster relief requirements for the fiscal year ending September 30, 2020. Title I provides $50,000,000,000 for Payments to States for the Child Care and Development Block Grant, to carry out the Child Care Stabilization Fund grants program. Section 1 defines terms and directs the Secretary to award child care stabilization grants to the lead agency of each State.
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Cite this document
“H.R. 7027, Child Care Is Essential Act (July 30, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr7027rfs-bills-116hr7027rfs/
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IIB
116TH CONGRESS
2D SESSION
H. R. 7027
IN THE SENATE OF THE UNITED STATES
JULY 30, 2020
Received; read twice and referred to the Committee on Appropriations
AN ACT
Making additional supplemental appropriations for disaster
relief requirements for the fiscal year ending September
30, 2020, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 The following sums in this Act are appropriated, out of
4 any money in the Treasury not otherwise
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1 appropriated, for the fiscal year ending September 30,
2 2020, and for 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
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24 251(b)(2)(A)(i) of the Balanced Budget and Emergency
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
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24 shall award child care stabilization grants to the lead
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
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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
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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 quality 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
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24 use the remainder of the grant funds awarded
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
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24 care providers, and the amount of such a
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, or before the provider’s
5 last day of operation for a provider that
6 operates seasonally, and at minimum cover
7 such operating expenses for the intended
8 length of the subgrant;
9 (ii) account for increased costs of pro-
10 viding or preparing to provide child care as
11 a result of the COVID–19 public health
12 emergency, such as provider and employee
13 compensation and existing benefits (exist-
14 ing as of March 1, 2020) and the imple-
15 mentation of new practices related to sani-
16 tization, group size limits, and social
17 distancing;
18 (iii) be adjusted for payments or reim-
19 bursements made to an eligible child care
20 provider to carry out the Child Care and
21 Development Block Grant Act of 1990 (42
22 U.S.C. 9857 et seq.) or the Head Start
23 Act (42 U.S.C. 9831 et seq.); and
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24 (iv) be adjusted for payments or reim-
25 bursements made to an eligible child care
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1 provider through the Paycheck Protection
2 Program set forth in section 7(a)(36) of
3 the Small Business Act (15 U.S.C.
4 636(a)(36)), as added by section 1102 of
5 the Coronavirus Aid, Relief, and Economic
6 Security Act (Public Law 116–136).
7 (D) APPLICATION.—
8 (i) ELIGIBILITY.—To be eligible to re-
9 ceive a subgrant under this paragraph, a
10 child care provider shall submit an applica-
11 tion to a lead agency at such time and in
12 such manner as the lead agency may re-
13 quire. Such application shall include—
14 (I) a good-faith certification that
15 the ongoing operations of the child
16 care provider have been impacted as a
17 result of the COVID–19 public health
18 emergency;
19 (II) for a provider described in
20 subparagraph (B)(ii)(I), an assurance
21 that, for the duration of the COVID–
22 19 public health emergency—
23 (aa) the provider will give
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24 priority for available slots (in-
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1 cluding slots that are only tempo-
2 rarily available) to—
3 (AA) children of essen-
4 tial workers (such as health
5 care sector employees, emer-
6 gency responders, sanitation
7 workers, farmworkers, child
8 care employees, and other
9 workers determined to be es-
10 sential during the response
11 to coronavirus by public offi-
12 cials), children of workers
13 whose places of employment
14 require their attendance,
15 children experiencing home-
16 lessness, children with dis-
17 abilities, children at risk of
18 child abuse or neglect, and
19 children in foster care, in
20 States, tribal communities,
21 or localities where stay-at-
22 home or related orders are
23 in effect; or
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24 (BB) children of work-
25 ers whose places of employ-
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1 ment require their attend-
2 ance, children experiencing
3 homelessness, children with
4 disabilities, children at risk
5 of child abuse or neglect,
6 children in foster care, and
7 children whose parents are
8 in school or a training pro-
9 gram, in States, tribal com-
10 munities, or localities where
11 stay-at-home or related or-
12 ders are not in effect;
13 (bb) the provider will imple-
14 ment policies in line with guid-
15 ance from the Centers for Dis-
16 ease Control and Prevention and
17 the corresponding State, tribal,
18 and local authorities, and in ac-
19 cordance with State, tribal, and
20 local orders, for child care pro-
21 viders that remain open, includ-
22 ing guidance on sanitization
23 practices, group size limits, and
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24 social distancing;
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1 (cc) for each employee, the
2 provider will pay the full com-
3 pensation described in subsection
4 (e)(1)(C), including any benefits,
5 that was provided to the em-
6 ployee as of March 1, 2020 (re-
7 ferred to in this clause as ‘‘full
8 compensation’’), and will not take
9 any action that reduces the week-
10 ly amount of the employee’s com-
11 pensation below the weekly
12 amount of full compensation, or
13 that reduces the employee’s rate
14 of compensation below the rate of
15 full compensation; and
16 (dd) the provider will pro-
17 vide relief from copayments and
18 tuition payments for the families
19 enrolled in the provider’s pro-
20 gram and prioritize such relief
21 for families struggling to make
22 either type of payments;
23 (III) for a provider described in
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24 subparagraph (B)(ii)(II), an assur-
25 ance that—
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1 (aa) for the duration of the
2 provider’s closure due to the
3 COVID–19 public health emer-
4 gency, for each employee, the
5 provider will pay full compensa-
6 tion, and will not take any action
7 that reduces the weekly amount
8 of the employee’s compensation
9 below the weekly amount of full
10 compensation, or that reduces
11 the employee’s rate of compensa-
12 tion below the rate of full com-
13 pensation;
14 (bb) children enrolled as of
15 March 1, 2020, will maintain
16 their slots, unless their families
17 choose to disenroll the children;
18 (cc) for the duration of the
19 provider’s closure due to the
20 COVID–19 public health emer-
21 gency, the provider will provide
22 relief from copayments and tui-
23 tion payments for the families
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24 enrolled in the provider’s pro-
25 gram and prioritize such relief
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1 for families struggling to make
2 either type of payments; and
3 (dd) the provider will re-
4 sume operations when the pro-
5 vider is able to safely implement
6 policies in line with guidance
7 from the Centers for Disease
8 Control and Prevention and the
9 corresponding State, tribal, and
10 local authorities, and in accord-
11 ance with State, tribal, and local
12 orders;
13 (IV) information about the child
14 care provider’s—
15 (aa) program characteristics
16 sufficient to allow the lead agen-
17 cy to establish the child care pro-
18 vider’s priority status, as de-
19 scribed in subparagraph (F);
20 (bb) program operational
21 status on the date of submission
22 of the application;
23 (cc) type of program, includ-
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24 ing whether the program is a
25 center-based child care, family
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1 child care, group home child care,
2 or other non-center-based child
3 care type program;
4 (dd) total enrollment on the
5 date of submission of the applica-
6 tion and total capacity as allowed
7 by the State and tribal authori-
8 ties; and
9 (ee) receipt of assistance,
10 and amount of assistance,
11 through a payment or reimburse-
12 ment described in subparagraph
13 (C)(iv), and the time period for
14 which the assistance was made;
15 (V) information necessary to de-
16 termine the amount of the subgrant,
17 such as information about the pro-
18 vider’s stated average operating ex-
19 penses over the appropriate period,
20 described in subparagraph (C)(i); and
21 (VI) such other limited informa-
22 tion as the lead agency shall deter-
23 mine to be necessary to make sub-
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24 grants to qualified child care pro-
25 viders.
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1 (ii) FREQUENCY.—The lead agency
2 shall accept and process applications sub-
3 mitted under this subparagraph on a roll-
4 ing basis.
5 (iii) UPDATES.—The lead agency
6 shall—
7 (I) at least once a month, verify
8 by obtaining a self-attestation from
9 each qualified child care provider that
10 received such a subgrant from the
11 agency, whether the provider is open
12 and available to provide child care
13 services or is closed due to the
14 COVID–19 public health emergency;
15 (II) allow the qualified child care
16 provider to update the information
17 provided in a prior application; and
18 (III) adjust the qualified child
19 care provider’s subgrant award as
20 necessary, based on changes to the
21 application information, including
22 changes to the provider’s operational
23 status.
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24 (iv) EXISTING APPLICATIONS.—If a
25 lead agency has established and imple-
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1 mented a grant program for child care pro-
2 viders that is in effect on the date of en-
3 actment of this Act, and an eligible child
4 care provider has already submitted an ap-
5 plication for such a grant to the lead agen-
6 cy containing the information specified in
7 clause (i), the lead agency shall treat that
8 application as an application submitted
9 under this subparagraph. If an eligible
10 child care provider has already submitted
11 such an application containing part of the
12 information specified in clause (i), the pro-
13 vider may submit to the lead agency an ab-
14 breviated application that contains the re-
15 maining information, and the lead agency
16 shall treat the 2 applications as an applica-
17 tion submitted under this subparagraph.
18 (E) MATERIALS.—
19 (i) IN GENERAL.—The lead agency
20 shall provide the materials and other re-
21 sources related to such subgrants, includ-
22 ing a notification of subgrant opportunities
23 and application materials, to qualified child
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24 care providers in the most commonly spo-
25 ken languages in the State.
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1 (ii) APPLICATION.—The application
2 shall be accessible on the website of the
3 lead agency within 30 days after the lead
4 agency receives grant funds awarded pur-
5 suant to subsection (b) and shall be acces-
6 sible to all eligible child care providers, in-
7 cluding family child care providers, group
8 home child care providers, and other non-
9 center-based child care providers and pro-
10 viders with limited administrative capacity.
11 (F) PRIORITY.—In making subgrants
12 under this section, the lead agency shall give
13 priority to qualified child care providers that,
14 prior to or on March 1, 2020—
15 (i) provided child care during non-
16 traditional hours;
17 (ii) served dual language learners,
18 children with disabilities, children experi-
19 encing homelessness, children in foster
20 care, children from low-income families, or
21 infants and toddlers;
22 (iii) served a high proportion of chil-
23 dren whose families received subsidies
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24 under the Child Care and Development
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1 Block Grant Act of 1990 (42 U.S.C. 9857
2 et seq.) for the child care; or
3 (iv) operated in communities, includ-
4 ing rural communities, with a low supply
5 of child care.
6 (G) PROVIDERS RECEIVING OTHER ASSIST-
7 ANCE.—The lead agency, in determining wheth-
8 er a provider is a qualified child care provider,
9 shall not take into consideration receipt of a
10 payment or reimbursement described in sub-
11 paragraph (C)(iii) or subparagraph (C)(iv).
12 (H) AWARDS.—The lead agency shall equi-
13 tably make subgrants under this paragraph to
14 center-based child care providers, family child
15 care providers, group home child care providers,
16 and other non-center-based child care providers,
17 such that qualified child care providers are able
18 to access the subgrant opportunity under this
19 paragraph regardless of the providers’ setting,
20 size, or administrative capacity.
21 (I) OBLIGATION.—The lead agency shall
22 obligate at least 50 percent of funds available
23 to carry out this section for subgrants described
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24 in this paragraph, by December 31, 2020.
25 (e) USES OF FUNDS.—
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1 (1) IN GENERAL.—A qualified child care pro-
2 vider that receives funds through such a subgrant
3 may use the funds for the costs of—
4 (A) payroll;
5 (B) employee benefits, including group
6 health plan benefits during periods of paid sick,
7 medical, or family leave, and insurance pre-
8 miums;
9 (C) employee salaries or similar compensa-
10 tion, including any income or other compensa-
11 tion to a sole proprietor or independent con-
12 tractor that is a wage, commission, income, net
13 earnings from self-employment, or similar com-
14 pensation;
15 (D) payment on any mortgage obligation;
16 (E) rent (including rent under a lease
17 agreement);
18 (F) utilities;
19 (G) insurance;
20 (H) providing premium pay for child care
21 providers and other employees who provide
22 services during the COVID–19 public health
23 emergency;
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24 (I) sanitization and other costs associated
25 with cleaning;
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1 (J) personal protective equipment and
2 other equipment necessary to carry out the
3 functions of the child care provider;
4 (K) training and professional development
5 related to health and safety practices, including
6 the proper implementation of policies in line
7 with guidance from the Centers for Disease
8 Control and Prevention and the corresponding
9 State, tribal, and local authorities, and in ac-
10 cordance with State, tribal, and local orders;
11 (L) modifications to child care services as
12 a result of the COVID–19 public health emer-
13 gency, such as limiting group sizes, adjusting
14 staff-to-child ratios, and implementing other
15 heightened health and safety measures;
16 (M) mental health supports for children
17 and employees; and
18 (N) other goods and services necessary to
19 maintain or resume operation of the child care
20 program, or to maintain the viability of the
21 child care provider as a going concern during
22 and after the COVID–19 public health emer-
23 gency.
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24 (2) REIMBURSEMENT.—The qualified child care
25 provider may use the subgrant funds to reimburse
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1 the provider for sums obligated or expended before
2 the date of enactment of this Act for the cost of a
3 good or service described in paragraph (1) to re-
4 spond to the COVID–19 public health emergency.
5 (f) REPORTING.—
6 (1) INITIAL REPORT.—A lead agency receiving
7 a grant under this section shall, within 60 days after
8 making the agency’s first subgrant under subsection
9 (d)(2) to a qualified child care provider, submit a re-
10 port to the Secretary that includes—
11 (A) data on qualified child care providers
12 that applied for subgrants and qualified child
13 care providers that received such subgrants, in-
14 cluding—
15 (i) the number of such applicants and
16 the number of such recipients;
17 (ii) the number and proportion of
18 such applicants and recipients that re-
19 ceived priority and the characteristic or
20 characteristics of such applicants and re-
21 cipients associated with the priority;
22 (iii) the number and proportion of
23 such applicants and recipients that are—
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24 (I) center-based child care pro-
25 viders;
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1 (II) family child care providers;
2 (III) group home child care pro-
3 viders; or
4 (IV) other non-center-based child
5 care providers; and
6 (iv) within each of the groups listed in
7 clause (iii), the number of such applicants
8 and recipients that are, on the date of sub-
9 mission of the application—
10 (I) open and available to provide
11 child care services; or
12 (II) closed due to the COVID–19
13 public health emergency;
14 (B) the total capacity of child care pro-
15 viders that are licensed, regulated, or registered
16 in the State on the date of the submission of
17 the report;
18 (C) a description of—
19 (i) the efforts of the lead agency to
20 publicize the availability of subgrants
21 under this section and conduct widespread
22 outreach to eligible child care providers
23 about such subgrants, including efforts to
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24 make materials available in languages
25 other than English;
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1 (ii) the lead agency’s methodology for
2 determining amounts of subgrants under
3 subsection (d)(2);
4 (iii) the lead agency’s timeline for dis-
5 bursing the subgrant funds; and
6 (iv) the lead agency’s plan for ensur-
7 ing that qualified child care providers that
8 receive funding through such a subgrant
9 comply with assurances described in sub-
10 section (d)(2)(D) and use funds in compli-
11 ance with subsection (e); and
12 (D) such other limited information as the
13 Secretary may require.
14 (2) QUARTERLY REPORT.—The lead agency
15 shall, following the submission of such initial report,
16 submit to the Secretary a report that contains the
17 information described in subparagraphs (A), (B),
18 and (D) of paragraph (1) once a quarter until all
19 funds allotted for activities authorized under this
20 section are expended.
21 (3) FINAL REPORT.—Not later than 60 days
22 after a lead agency receiving a grant under this sec-
23 tion has obligated all of the grant funds (including
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24 funds received under subsection (h)), the lead agen-
25 cy shall submit a report to the Secretary, in such
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1 manner as the Secretary may require, that in-
2 cludes—
3 (A) the total number of eligible child care
4 providers who were providing child care services
5 on or before March 1, 2020, in the State and
6 the number of such providers that submitted an
7 application under subsection (d)(2)(D);
8 (B) the number of qualified child care pro-
9 viders in the State that received funds through
10 the grant;
11 (C) the lead agency’s methodology for de-
12 termining amounts of subgrants under sub-
13 section (d)(2);
14 (D) the average and range of the subgrant
15 amounts by provider type (center-based child
16 care, family child care, group home child care,
17 or other non-center-based child care provider);
18 (E) the percentages of the child care pro-
19 viders that received such a subgrant, that, on or
20 before March 1, 2020—
21 (i) provided child care during non-
22 traditional hours;
23 (ii) served dual language learners,
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24 children with disabilities, children experi-
25 encing homelessness, children in foster
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1 care, children from low-income families, or
2 infants and toddlers;
3 (iii) served a high proportion of chil-
4 dren whose families received subsidies
5 under the Child Care and Development
6 Block Grant Act of 1990 (42 U.S.C. 9857
7 et seq.) for the child care; and
8 (iv) operated in communities, includ-
9 ing rural communities, with a low supply
10 of child care;
11 (F) the number of children served by the
12 child care providers that received such a
13 subgrant, for the duration of the subgrant;
14 (G) the percentages, of the child care pro-
15 viders that received such a subgrant, that are—
16 (i) center-based child care providers;
17 (ii) family child care providers;
18 (iii) group home child care providers;
19 or
20 (iv) other non-center-based child care
21 providers;
22 (H) the percentages, of the child care pro-
23 viders listed in subparagraph (G) that are, on
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24 the date of submission of the application—
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1 (i) open and available to provide child
2 care services; or
3 (ii) closed due to the COVID–19 pub-
4 lic health emergency;
5 (I) information about how child care pro-
6 viders used the funds received under such a
7 subgrant;
8 (J) information about how the lead agency
9 used funds reserved under subsection (d)(1);
10 and
11 (K) information about how the subgrants
12 helped to stabilize the child care sector.
13 (4) REPORTS TO CONGRESS.—
14 (A) FINDINGS FROM INITIAL REPORTS.—
15 Not later than 60 days after receiving all re-
16 ports required to be submitted under paragraph
17 (1), the Secretary shall provide a report to the
18 Committee on Education and Labor of the
19 House of Representatives, to the Committee on
20 Health, Education, Labor and Pensions of the
21 Senate, and to the Committees on Appropria-
22 tions of the House of Representatives and the
23 Senate, summarizing the findings from the re-
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24 ports received under paragraph (1).
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1 (B) FINDINGS FROM FINAL REPORTS.—
2 Not later than 36 months after the date of en-
3 actment of this Act, the Secretary shall provide
4 a report to the Committee on Education and
5 Labor of the House of Representatives, to the
6 Committee on Health, Education, Labor and
7 Pensions of the Senate, and to the Committees
8 on Appropriations of the House of Representa-
9 tives and the Senate, summarizing the findings
10 from the reports received under paragraph (3).
11 (g) SUPPLEMENT NOT SUPPLANT.—Amounts made
12 available to carry out this section shall be used to supple-
13 ment and not supplant other Federal, State, and local
14 public funds expended to provide child care services for
15 eligible individuals, including funds provided under the
16 Child Care and Development Block Grant Act of 1990 (42
17 U.S.C. 9857 et seq.) and State child care programs.
18 (h) REALLOTMENT OF UNOBLIGATED FUNDS.—
19 (1) UNOBLIGATED FUNDS.—A State, Indian
20 tribe, or tribal organization shall return to the Sec-
21 retary any grant funds received under this section
22 that the State, Indian tribe, or tribal organization
23 does not obligate by September 30, 2021.
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24 (2) REALLOTMENT.—The Secretary shall award
25 new allotments and payments, in accordance with
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1 subsection (c)(2), to covered States, Indian tribes, or
2 tribal organizations from funds that are returned
3 under paragraph (1) within 60 days of receiving
4 such funds. Funds made available through the new
5 allotments and payments shall remain available to
6 each covered State, Indian tribe, or tribal organiza-
7 tion until September 30, 2022.
8 (3) COVERED STATE, INDIAN TRIBE, OR TRIBAL
9 ORGANIZATION.—For purposes of paragraph (2), a
10 covered State, Indian tribe, or tribal organization is
11 a State, Indian tribe, or tribal organization that re-
12 ceived an allotment or payment under this section
13 and was not required to return grant funds under
14 paragraph (1).
15 (i) EXCEPTIONS.—The Child Care and Development
16 Block Grant Act of 1990 (42 U.S.C. 9857 et seq.), exclud-
17 ing requirements in subparagraphs (C) through (E) of sec-
18 tion 658E(c)(3), section 658G, and section 658J(c) of
19 such Act (42 U.S.C. 9858c(c)(3), 9858e, 9858h(c)), shall
20 apply to child care services provided under this section to
21 the extent the application of such Act does not conflict
22 with the provisions of this section. Nothing in this Act
23 shall be construed to require a State, Indian tribe, or trib-
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24 al organization to submit an application, other than the
25 application described in section 658E or 658O(c) of the
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1 Child Care and Development Block Grant Act of 1990 (42
2 U.S.C. 9858c, 9858m(c)), to receive a grant under this
3 Act.
4 (j) AUTHORIZATION OF APPROPRIATION.—
5 (1) IN GENERAL.—There is authorized to be
6 appropriated to carry out this Act $50,000,000,000
7 for fiscal year 2020.
8 (2) APPLICATION.—In carrying out the Child
9 Care and Development Block Grant Act of 1990
10 with funds other than the funds appropriated under
11 paragraph (1), the Secretary shall calculate the
12 amounts of appropriated funds described in sub-
13 sections (a) and (b) of section 658O of such Act (42
14 U.S.C. 9858m) by excluding funds appropriated
15 under paragraph (1).
16 SEC. 2. Each amount appropriated or made available
17 by this Act is in addition to any amounts otherwise appro-
18 priated for the fiscal year involved.
19 SEC. 3. Unless otherwise provided for by this Act,
20 the additional amounts appropriated by this Act to appro-
21 priations accounts shall be available under the authorities
22 and conditions applicable to such appropriations accounts
23 for fiscal year 2020.
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1 This Act may be cited as the ‘‘Child Care Is Essential
2 Act’’.
Passed the House of Representatives July 29, 2020.
Attest: CHERYL L. JOHNSON,
Clerk.
By GLORIA J. LETT,
Deputy Clerk.
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