,,ii #aafth ,,congress #b;d ,session ,s4 #cdhi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ab1 #bjbj,mrs4 ,murray 7for herself1 ,mrs4 ,gillibrand1 and ,mr4 ,schumer7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to support children and students in responding to safety and health risks presented by qualifying emergencies1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,supporting ,students in ,response to ,coronavirus ,act4 #b4 ,education preparedness and support grants 7a7 ,definitions ,in this section3 7#a7 ,child with a disability ,the term child with a disability has the meaning given the term in section #fjb of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja74 7#b7 ,disability ,the term disability has the meaning given the term in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb74 7#c7 ,elementary school ,the term elementary school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#d7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,bureau of ,indian ,education school2 7,b7 a local educational agency1 as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja72 or 7,c7 an institution of higher education1 as defined by the ,secretary in accordance with the definitions of the term under title ,i of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq474 7#e7 ,low-income child or student ,the term low-income child or student means-- 7,a7 a child described under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c772 or 7,b7 a student who is eligible for a ,federal ,pell ,grant under subpart #a of part ,a of title ,,iv 7#bj ,u4,s4,c4 #ajgj;a74 7#f7 ,non-public school ,the term non-public school means a non-public elementary school or secondary school that-- 7,a7 is accredited1 licensed1 or otherwise operates in accordance with ,state law2 and 7,b7 was in existence prior to the date of the qualifying emergency for which grants are awarded under this section4 7#g7 ,qualifying emergency ,the term qualifying emergency means-- 7,a7 a public health emergency declared by the ,secretary of ,health and ,human ,services pursuant to section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d72 7,b7 an emergency for which a ,governor of a ,state or territory has declared a state of emergency2 7,c7 an event for which the ,president declared a major disaster or an emergency under section #dja or #eja1 respectively1 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj and #eaia72 or 7,d7 a national emergency declared by the ,president under section #bja of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afba74 7#h7 ,public school ,the term public school means a public elementary school or secondary school4 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#aj7 ,secondary school ,the term secondary school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#aa7 ,state ,the term ,state has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#ab7 ,state educational agency ,the term ,state educational agency has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7b7 ,authorization of grants 7#a7 ,in ,general ,from amounts appropriated to carry out this section and not reserved under paragraph 7#c71 the ,secretary is authorized to award grants1 on a competitive basis1 to ,states and the ,bureau of ,indian ,education to enable the ,states and ,bureau of ,indian ,education to respond to safety and health risks presented by qualifying emergencies4 7#b7 ,grant period ,grant funds awarded under this section shall be expended not later than #b years after the date on which such funds are awarded4 7#c7 ,technical assistance ,the ,secretary shall reserve not less than #j4e percent and not more than #a percent of amounts appropriated to carry out this section to enable the ,department of ,education-- 7,a7 to provide technical assistance to eligible entities that request technical assistance2 and 7,b7 to coordinate technical assistance that is provided by ,state1 local1 tribal1 and territorial public health departments and other relevant agencies4 7#d7 ,notice ,the ,secretary shall issue a notice inviting applications for grants under this section not later than #cj days after the date of enactment of this ,act4 7#e7 ,receipt of applications ,the ,secretary shall accept applications from ,states and the ,bureau of ,indian ,education under this section on a rolling basis4 7#f7 ,response ,the ,secretary shall approve or deny applications from ,states and the ,bureau of ,indian ,education under subsection 7c7 not later than #cj days after the date of the submission of the application4 7c7 ,application requirements for ,states and ,,bie 7#a7 ,in ,general ,a ,state or the ,bureau of ,indian ,education shall submit an application to the ,secretary at such time1 in such manner1 and including such information as the ,secretary may reasonably require4 ,each application shall include a description of the competitive grant process the ,state or ,bureau of ,indian ,education will establish to award subgrant funds to eligible entities1 including-- 7,a7 a demonstration of the need for funds2 7,b7 a description of how the ,state will coordinate with-- 7i7 the ,state educational agency2 and 7ii7 if applicable1 the ,state agency with jurisdiction over public higher education in the ,state2 7,c7 a description of how the ,state or ,bureau of ,indian ,education will make eligible entities aware of available funds2 7,d7 a description of the criteria the ,state or ,bureau of ,indian ,education will use to award the subgrants2 and 7,e7 a description of how the subgrant funds will be allocated4 7#b7 ,lead applicant ,in the case of a ,state that is applying for a grant under this section1 the ,governor shall be the lead applicant4 7d7 ,use of funds2 subgrants 7#a7 ,in ,general ,a ,state or the ,bureau of ,indian ,education receiving a grant under this section shall-- 7,a7 reserve #e percent of grant funds to provide technical assistance1 including providing technical assistance to eligible entities with limited administrative capacity1 and carry out the reporting requirements described in subsection 7h72 and 7,b7 use #ie percent of grant funds to award subgrants1 on a competitive basis1 to eligible entities or consortia of eligible entities4 7#b7 ,application ,an eligible entity desiring to receive a subgrant under this section shall submit to the ,state1 or the ,bureau of ,indian ,education1 as applicable1 an application containing-- 7,a7 a description of the need for funds2 7,b7 a description of how the eligible entity will use the funds1 including by providing a budget2 7,c7 a description of how the eligible entity will address the unique needs of low-income children or students1 children with disabilities and students with disabilities1 ,english learners1 racial and ethnic minorities1 students experiencing homelessness1 and children in foster care2 7,d7 in the case of an eligible entity that is a local educational agency1 an assurance that the local educational agency-- 7i7 has taken the needs of public schools and non-public schools into account prior to the application for funds2 7ii7 will notify all public schools and non-public schools in its boundaries of the receipt of grant funds under this section2 and 7iii7 based on the severity of impact and demonstrated need1 will address the needs of public schools and non-public schools in its boundaries2 and 7,e7 any other requirements established by the ,governor4 7#c7 ,priority ,in awarding subgrants under this section a grantee shall prioritize the following eligible entities3 7,a7 ,eligible entities with respect to which a significant percentage of the population served by the eligible entity is impacted by a qualifying emergency4 7,b7 ,eligible entities serving a high percentage of low-income children or students4 7e7 ,uses of funds for subgrants ,an eligible entity receiving a subgrant under this section shall use subgrant funds to carry out one or more of the following activities3 7#a7 ,coordination of preparedness and response efforts of eligible entities with ,state1 local1 tribal1 and territorial public health departments1 and other relevant agencies1 to improve coordinated responses to qualifying emergencies among such entities4 7#b7 ,activities coordinated with ,state1 local1 tribal1 and territorial public health departments to detect1 prevent1 or mitigate the spread of infectious disease or otherwise respond to a qualifying emergency4 7#c7 ,developing and implementing procedures and systems to improve the preparedness and response efforts of eligible entities4 7#d7 ,providing mental health services and supports1 including-- 7,a7 counseling1 for students and staff of the eligible entity2 and 7,b7 mental health crisis response and intervention services for students and staff of the eligible entity affected by a qualifying emergency4 7#e7 ,training and professional development for staff of the eligible entity on sanitation and minimizing the spread of infectious diseases4 7#f7 ,purchasing supplies to sanitize and clean the facilities of an eligible entity1 including buildings operated by local educational agencies or institutions of higher education4 7#g7 ,hiring outside experts to provide training and professional development for staff to mitigate and minimize the spread of infectious disease in elementary schools and secondary schools1 and buildings operated by local educational agencies and institutions of higher education and compensating such staff for any regular or overtime hours spent during such training or professional development and for any duties performed as a result of that training or professional development4 ,if an eligible entity demonstrates that the severity of the hazard precludes the feasible use of existing staff and that services by outside experts is necessary to remedy the hazard1 such amounts may be utilized for hiring outside experts to mitigate and minimize spread of infectious disease in such facilities4 7#h7 ,planning for long-term closures1 including planning for how to provide meals to eligible students1 how to provide technology for virtual instruction to all students1 how to provide guidance for carrying out requirements under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja et seq471 and how to ensure other educational services can continue to be provided consistent with all ,federal1 ,state1 and local requirements4 7#i7 ,purchasing educational technology for students who are served by the eligible entity1 including low-income students and students with disabilities1 which may include assistive technology or adaptive equipment4 7#aj7 ,other activities that are necessary to maintain the operation of and continuity of services in local educational agencies or institutions of higher education1 such as providing information to parents on efforts to prevent and respond to a qualifying emergency4 7#aa7 ,hiring temporary employees that are necessary to maintain the operations of the eligible entity in the event that the employees of the eligible entity are unable to work by reason of a qualifying emergency1 provided that the eligible entity carries out and agrees to all of the following3 7,a7 ,the eligible entity compensates any such temporary employees at a minimum amount of the greater of-- 7i7 the regular rate of pay of the employee who is unable to work by reason of the qualifying emergency2 7ii7 the minimum wage provided by section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a772 or 7iii7 the minimum wage amount provided for by the ,state or locality in which the employee is employed4 7,b7 ,the eligible entity continues to compensate any employee who is unable to work by reason of a qualifying emergency and who is temporarily replaced under this paragraph at a minimum amount of the greater of-- 7i7 the regular rate of pay of the employee who is unable to work because of the qualifying emergency2 7ii7 the minimum wage provided by section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a772 or 7iii7 the minimum wage amount provided for by the ,state or locality in which the employee is employed4 7,c7 ,an employee who was unable to work by reason of the qualifying emergency shall not be denied initial employment1 reemployment1 retention in employment1 promotion1 or any benefit of employment by an entity on the basis of the employee's previous absence by reason of the qualifying emergency event4 7,d7 ,a person who is reemployed under this paragraph is entitled to the seniority and other rights and benefits determined by seniority that the person had on the date of the qualifying emergency plus the additional seniority and rights and benefits that such person would have attained if the person had remained continuously employed4 7,e7 ,in any case in which an employee who is unable to work by reason of the qualifying emergency 7or the employee's dependents7 is enrolled in a group health plan 7as defined in section #gcc of the ,employee ,retirement ,income ,security ,act of #aigd71 including group health insurance coverage 7as defined in such section #gcc7 offered in connection with such a plan1 and such person is absent from such position of employment by reason of the qualifying emergency1 or such person becomes eligible for medical and dental care under chapter #ee of title #aj by reason of subsection 7d7 of section #ajgd of that title1 the plan or coverage shall provide that the person may elect to continue such enrollment in the plan or coverage for the duration of the qualifying emergency4 ,the eligible entity shall continue to make employer contributions on its share of premiums and other amounts on behalf of employees as it may have otherwise have had to pay had the employee not been unavailable by reason of the emergency4 7,f7 ,the eligible entity may not discriminate in employment against or take any adverse employment action against any person because such person-- 7i7 has taken an action to enforce a protection afforded any person under this paragraph2 7ii7 has testified or otherwise made a statement in or in connection with any proceeding to enforce a protection under this paragraph2 7iii7 has assisted or otherwise participated in an investigation to enforce a protection under this paragraph2 or 7iv7 has exercised a right provided for in this paragraph4 7,g7 ,an eligible entity shall be considered to have engaged in actions prohibited under this paragraph-- 7i7 if the employee's inability to work during the qualifying emergency is a motivating factor in the eligible entity's action1 unless the program or agency can prove that the action would have been taken in the absence of the employee's inability to work2 or 7ii7 if the employee's-- 7,i7 action to enforce a protection afforded any person under this paragraph2 7,,ii7 testimony or making of a statement in or in connection with any proceeding to enforce a protection under this paragraph2 7,,iii7 assistance or other participation in an investigation to enforce a protection under this paragraph2 or 7,,iv7 exercise of a right provided for in this paragraph1 is a motivating factor in the eligible entity's action1 unless the program or agency can prove that the action would have been taken in the absence of such person's enforcement action1 testimony1 statement1 assistance1 participation1 or exercise of a right4 7,h7 ,an action to recover any damages or equitable relief for violating this paragraph may be maintained against the eligible entity in any ,federal or ,state court of competent jurisdiction by one or more employees or individuals or their representative4 7f7 ,collective-,bargaining 7#a7 ,rule of construction ,nothing in subsection 7e7 shall be construed to displace any otherwise applicable provision of any collective-bargaining agreement between the eligible entity and a labor organization1 as defined by section #b7e7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb7e77 or analogous ,state law1 representing its employees or to otherwise relieve the eligible entity of its duty to bargain with any such labor organization4 7#b7 ,maintenance of wages1 benefits1 terms1 and conditions ,any eligible entity receiving funds under this section shall maintain the wages1 benefits1 and other terms and conditions of employment set forth in any collective-bargaining agreement between the eligible entity and a labor organization1 as defined in paragraph 7#a71 of its employees or otherwise abide by the terms of any applicable law for the duration of the qualifying emergency and any such additional period as determined by the ,secretary1 but not less than #f months after the declaration of the termination of the qualifying emergency4 7g7 ,public control of funds ,for an eligible entity that is a local educational agency-- 7#a7 the control of funds for the services and assistance provided to a non-public school under this section1 and title to materials1 equipment1 and property purchased with such funds1 shall be in a public agency1 and a public agency shall administer such funds1 materials1 equipment1 and property and shall provide such services 7or may contract for the provision of such services with a public or private entity72 and 7#b7 when carrying out subsection 7e71 the local educational agency may serve non-public schools based on demonstrated need and impact4 7h7 ,reporting 7#a7 ,report to the ,secretary ,at the end of the grant period1 a grantee shall prepare and submit to the ,secretary a report containing the following information3 7,a7 ,the number of subgrants awarded1 disaggregated by the type of eligible entity4 7,b7 ,a list of subgrantees4 7,c7 ,the average subgrant award amount4 7,d7 ,the number of subgrant applicants4 7,e7 ,a summary of the activities that eligible entities carried out using subgrant funds4 7#b7 ,eligible ,entities report to the ,state or ,,bie ,not later than #ahj days after receiving a subgrant under this section1 and every #ahj days thereafter1 an eligible entity shall prepare and submit to the ,state or ,bureau of ,indian ,education1 as applicable1 a report containing the following information3 7,a7 ,a summary of the activities that the eligible entity carried out using subgrant funds4 7,b7 ,the number of children or students who were served by such activities1 if applicable4 7i7 ,authorization of mandatory funding ,there are authorized to be appropriated1 and there are appropriated1 from amounts in the ,treasury not already appropriated1 to carry out this section #fjj1jjj1jjj for fiscal years #bjbj and #bjba 7in addition to any other amounts appropriated to carry out this section74 #c4 ,preparedness and support grants for early care and education programs and ,head ,start agencies 7a7 ,definitions ,in this section3 7#a7 ,child with a disability ,the term child with a disability has the meaning given the term in section #fjb of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja74 7#b7 ,eligible early care and education program ,the term eligible early care and education program means-- 7,a7 an eligible child care provider1 as defined in section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn72 7,b7 a ,state prekindergarten program2 or 7,c7 a group of entities described in subparagraph 7,a7 or 7,b74 7#c7 ,head ,start agency ,the term ,head ,start agency means a ,head ,start agency1 including an ,early ,head ,start agency1 designated under section #fda of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcf74 7#d7 ,lead agency ,the term lead agency means a lead agency under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh74 7#e7 ,low-income child ,the term low-income child means an eligible child as defined in section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn74 7#f7 ,qualifying emergency ,the term qualifying emergency means-- 7,a7 a public health emergency declared by the ,secretary of ,health and ,human ,services pursuant to section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d72 7,b7 an emergency for which a ,governor of a ,state or territory has declared a state of emergency2 7,c7 an event for which the ,president declared a major disaster or an emergency under section #dja or #eja1 respectively1 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj and #eaia72 or 7,d7 a national emergency declared by the ,president under section #bja of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afba74 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7b7 ,authorization of grants for early care and education programs and ,head ,start agencies 7#a7 ,in general ,from amounts appropriated to carry out this section and not reserved under paragraph 7#c7 or 7#d71 the ,secretary is authorized to award grants1 on a competitive basis1 to the lead agency to enable the lead agency to respond to safety and health risks presented by qualifying emergencies4 7#b7 ,grant period ,grant funds awarded under this section shall be expended not later than #b years after the date on which such funds are awarded4 7#c7 ,reservation ,the ,secretary shall reserve #aj percent of the amounts appropriated to carry out this section to award competitive grants to ,head ,start agencies4 7#d7 ,technical assistance ,the ,secretary shall reserve #j4e percent of the amounts appropriated to carry out this section to enable the ,department of ,health and ,human ,services-- 7,a7 to provide technical assistance to eligible early care and education programs that request technical assistance2 and 7,b7 to coordinate technical assistance that is provided by ,state1 local1 tribal1 and territorial public health departments and other relevant agencies4 7#e7 ,notice ,the ,secretary shall issue a notice inviting applications for grants under this section not later than #cj days after the date of enactment of this ,act4 7#f7 ,receipt of applications ,the ,secretary shall accept applications from lead agencies and ,head ,start agencies under this section on a rolling basis4 7#g7 ,response ,the ,secretary shall approve or deny applications from lead agencies and ,head ,start agencies under subsection 7c7 not later than #cj days after the date of the submission of the application4 7c7 ,application requirements 7#a7 ,in general ,a lead agency shall submit an application to the ,secretary at such time1 in such manner1 and including such information as the ,secretary may reasonably require4 ,each application shall include a description of the competitive grant process the lead agency will establish to award subgrant funds to eligible early care and education programs1 including-- 7,a7 a demonstration of the need for funds2 7,b7 a description of how the lead agency will make eligible early care and education programs aware of available funds2 7,c7 a description of the criteria the lead agency will use to award the subgrants2 7,d7 a description of how the subgrant funds will be allocated2 and 7,e7 an assurance that the lead agency will1 for the duration of the qualifying emergency1 implement enrollment and eligibility policies that support the fixed costs of providing child care services by delinking provider reimbursement rates from an eligible child's absence due to the qualifying emergency4 7#b7 ,head ,start agencies ,a ,head ,start agency desiring a grant under this section to carry out the activities described in subsection 7e7 with respect to ,head ,start programs shall submit an application to the ,secretary at such time1 in such manner1 and including such information as the ,secretary may reasonably require1 including-- 7,a7 a description of the need for funds2 7,b7 a description of how the ,head ,start agency will use the funds1 including by providing a budget2 7,c7 a description of how the ,head ,start agency will address the unique needs of low-income children1 children with disabilities1 ,english learners1 racial and ethnic minorities1 and children experiencing homelessness2 and 7,d7 any other requirements established by the ,secretary4 7d7 ,uses of grant funds by lead agency 7#a7 ,in general ,the lead agency shall-- 7,a7 reserve #e percent of grant funds to provide technical assistance1 including providing technical assistance to eligible early care and education programs with limited administrative capacity1 and carry out the reporting requirements described in subsection 7f72 and 7,b7 use #ie percent of grant funds to award subgrants1 on a competitive basis1 to eligible early care and education programs4 7#b7 ,application ,an eligible early care and education program desiring to receive a subgrant under this section shall submit to the lead agency an application containing-- 7,a7 a description of the need for funds2 7,b7 a description of how the eligible early care and education program will use the funds1 including by providing a budget2 7,c7 a description of how the eligible early care and education program will address the unique needs of low-income children1 children with disabilities1 ,english learners1 racial and ethnic minorities1 and children experiencing homelessness2 and 7,d7 any other requirements established by the lead agency4 7#c7 ,priority ,in awarding subgrants under this section1 the lead agency shall prioritize the following eligible early care and education programs3 7,a7 ,eligible early care and education programs with respect to which a significant percentage of the population served by the eligible early care and education program is impacted by a qualifying emergency4 7,b7 ,eligible early care and education programs serving a high percentage of children receiving child care assistance from ,state programs funded under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh et seq474 7e7 ,uses of funds ,an eligible early care and education program receiving a subgrant under this section shall carry out one or more of the following activities with respect to such program1 and a ,head ,start agency receiving a grant under this section shall carry out one or more of the following activities with respect to ,head ,start programs3 7#a7 ,coordination of preparedness and response efforts of eligible early care and education programs or ,head ,start programs with ,state1 local1 tribal1 and territorial public health departments1 and other relevant agencies1 to improve coordinated responses to qualifying emergencies among such entities4 7#b7 ,activities to detect1 prevent1 or mitigate the spread of infectious disease or otherwise respond to a qualifying emergency based on best practices identified by or in coordination with a ,state1 local1 tribal1 or territorial public health department4 7#c7 ,developing and implementing procedures and systems to improve the preparedness and response efforts of eligible early care and education programs or ,head ,start programs4 7#d7 ,providing mental health services and supports1 including-- 7,a7 counseling for children and staff of the eligible early care and education program or ,head ,start program2 and 7,b7 mental health crisis response and intervention services for children and staff of the eligible early care and education program or ,head ,start program affected by a qualifying emergency4 7#e7 ,training and professional development for staff of the eligible early care and education program or ,head ,start program on sanitation1 and minimizing the spread of infectious diseases4 7#f7 ,purchasing supplies to sanitize and clean the facilities of an eligible early care and education program or ,head ,start program1 or hiring outside experts to mitigate and minimize spread of infectious disease in such facilities4 7#g7 ,other costs that are necessary to maintain the operation of eligible early care and education programs or ,head ,start programs1 such as substitute staff or other emergency assistance4 7#h7 ,hiring temporary employees that are necessary to maintain the operations of the eligible early care and education program or ,head ,start agency in the event that the employees of such program or agency are unable to work by reason of a qualifying emergency1 provided that the eligible entity carries out and agrees to all of the following3 7,a7 ,the eligible early care and education program or ,head ,start agency compensates any such temporary employees at a minimum amount of the greater of-- 7i7 the regular rate of pay of the employee who is unable to work by reason of the qualifying emergency2 7ii7 the minimum wage provided by section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a772 or 7iii7 the minimum wage amount provided for by the ,state or locality in which the employee is employed4 7,b7 ,the eligible early care and education program or ,head ,start agency continues to compensate any employee who is unable to work by reason of a qualifying emergency and who is temporarily replaced under this paragraph at a minimum amount of the greater of-- 7i7 the regular rate of pay of the employee who is unable to work because of the qualifying emergency2 7ii7 the minimum wage provided by section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a772 or 7iii7 the minimum wage amount provided for by the ,state or locality in which the employee is employed4 7,c7 ,an employee who was unable to work by reason of the qualifying emergency shall not be denied initial employment1 reemployment1 retention in employment1 promotion1 or any benefit of employment by an eligible early care and education program or ,head ,start agency on the basis of the employee's previous absence by reason of the qualifying emergency event4 7,d7 ,a person who is reemployed under this paragraph is entitled to the seniority and other rights and benefits determined by seniority that the person had on the date of the qualifying emergency plus the additional seniority and rights and benefits that such person would have attained if the person had remained continuously employed4 7,e7 ,in any case in which an employee who is unable to work by reason of the qualifying emergency 7or the employee's dependents7 is enrolled in a group health plan 7as defined in section #gcc of the ,employee ,retirement ,income ,security ,act of #aigd71 including group health insurance coverage 7as defined in such section #gcc7 offered in connection with such a plan1 and such person is absent from such position of employment by reason of the qualifying emergency1 or such person becomes eligible for medical and dental care under chapter #ee of title #aj by reason of subsection 7d7 of section #ajgd of that title1 the plan or coverage shall provide that the person may elect to continue such enrollment in the plan or coverage for the duration of the qualifying emergency4 7,f7 ,the eligible early care and education program or ,head ,start agency may not discriminate in employment against or take any adverse employment action against any person because such person-- 7i7 has taken an action to enforce a protection afforded any person under this paragraph2 7ii7 has testified or otherwise made a statement in or in connection with any proceeding to enforce a protection under this paragraph2 7iii7 has assisted or otherwise participated in an investigation to enforce a protection under this paragraph2 or 7iv7 has exercised a right provided for in this paragraph4 7,g7 ,an eligible early care and education program or ,head ,start agency shall be considered to have engaged in actions prohibited under this paragraph-- 7i7 if the employee's inability to work during the qualifying emergency is a motivating factor in the eligible early care and education program or ,head ,start agency's action1 unless the program or agency can prove that the action would have been taken in the absence of the employee's inability to work2 or 7ii7 if the employee's-- 7,i7 action to enforce a protection afforded any person under this paragraph2 7,,ii7 testimony or making of a statement in or in connection with any proceeding to enforce a protection under this paragraph2 7,,iii7 assistance or other participation in an investigation to enforce a protection under this paragraph2 or 7,,iv7 exercise of a right provided for in this paragraph1 is a motivating factor in the eligible early care and education program or ,head ,start agency's action1 unless the program or agency can prove that the action would have been taken in the absence of such person's enforcement action1 testimony1 statement1 assistance1 participation1 or exercise of a right4 7,h7 ,an action to recover any damages or equitable relief for violating this paragraph may be maintained against the eligible early care and education program or ,head ,start agency in any ,federal or ,state court of competent jurisdiction by one or more employees or individuals or their representative4 7f7 ,reporting 7#a7 ,report to the ,secretary ,at the end of the grant period1 the lead agency shall prepare and submit to the ,secretary a report containing the following information3 7,a7 ,the number of subgrants awarded1 disaggregated by the type of eligible early care and education program4 7,b7 ,a list of subgrantees4 7,c7 ,average subgrant award amount4 7,d7 ,the number and a list of subgrant applicants4 7,e7 ,a summary of the activities that eligible early care and education programs carried out using subgrant funds4 7#b7 ,eligible early care and education programs report to the lead agency ,not later than #ahj days after receiving a subgrant or grant under this section and every #ahj days thereafter1 an eligible early care and education program shall prepare and submit to the lead agency1 and a ,head ,start agency shall prepare and submit to the ,secretary1 a report containing the following information3 7,a7 ,a summary of the activities that the eligible early care and education program or ,head ,start agency carried out using those funds4 7,b7 ,the number of children who were served by such activities1 if applicable4 7g7 ,authorization of mandatory funding ,there are authorized to be appropriated1 and there are appropriated1 from amounts in the ,treasury not already appropriated1 to carry out this section #cjj1jjj1jjj for fiscal years #bjbj and #bjba 7in addition to any other amounts appropriated to carry out this section74 #d4 ,emergency financial aid grants to support students during periods of emergency or disaster ,title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq47 is amended by adding at the end the following3 ,j ,emergency ,financial ,aid ,grants #dii;,j4 ,emergency financial aid grants to support students during periods of emergency or disaster 7a7 ,definitions ,in this section3 7#a7 ,basic needs ,the term basic needs means the needs of a student included in any component of the student's cost of attendance that support the student's success while enrolled at an institution of higher education1 such as-- 7,a7 food2 7,b7 housing2 7,c7 transportation2 7,d7 child care2 7,e7 the one-time cost of purchasing a personal computer or establishing a reliable internet connection2 and 7,f7 health care4 7#b7 ,eligible student ,the term eligible student means a student enrolled in an institution of higher education who has been impacted by a qualifying emergency4 7#c7 ,emergency financial aid grant ,the term emergency financial aid grant means an emergency financial aid grant provided to an eligible student under subsection 7d74 7b7 ,grants authorized ,the ,secretary shall award grants1 on a competitive basis1 to institutions of higher education to enable institutions of higher education to create or expand emergency financial aid grant programs that address the unexpected expenses related to basic needs of eligible students during a qualifying emergency4 7c7 ,application 7#a7 ,in general ,each institution of higher education desiring to create or expand an emergency financial aid grant program under this section shall submit an application to the ,secretary1 at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,contents ,each application under paragraph 7#a7 shall include a description of the emergency financial aid grant program to be carried out by the institution of higher education1 including-- 7,a7 the amount the institution of higher education is requesting in the application2 7,b7 an estimate of the number of emergency financial aid grants that such institution of higher education will make in an award year and how such institution of higher education assessed such estimate2 7,c7 the criteria the institution of higher education will use to determine that an eligible student will receive an emergency financial aid grant2 7,d7 a description of the process by which an eligible student may apply and receive an emergency financial aid grant2 7,e7 a description of the process by which an institution of higher education will determine the basic needs that will be addressed2 7,f7 a description of how the institution of higher education will prioritize students with the greatest need2 7,g7 a description of how the institution of higher education will respond to questions regarding1 and disburse funds from1 emergency financial aid grants outside of normal business hours2 7,h7 an assurance that the process by which an eligible student applies for an emergency financial aid grant includes at least #a opportunity to appeal a denial of such grant2 and 7,i7 an assurance that the institution of higher education1 as applicable1 will make additional information available to eligible students about the eligibility of such students and their dependents for means-tested benefit programs and additional ,federal1 ,state1 or local programs available to the eligible students and their dependents as a result of the qualifying emergency4 7#c7 ,priorities ,in awarding grants to institutions of higher education under this section1 the ,secretary-- 7,a7 shall give priority to institutions of higher education most heavily affected by a qualifying emergency2 and 7,b7 may give priority to institutions of higher education that are eligible to receive assistance under section #cga4 7#d7 ,number of applications ,an institution of higher education may submit not more than #b applications under this subsection for each award year4 7d7 ,use of funds 7#a7 ,in general ,an institution of higher education shall use funds provided under this section to make emergency financial aid grants to eligible students enrolled at the institution of higher education at the time of the qualifying emergency to address the unexpected expenses related to the basic needs of eligible students during a qualifying emergency4 7#b7 ,no repayment ,an eligible student receiving an emergency financial aid grant shall not be required to repay all or any portion of the emergency financial aid grant4 7#c7 ,limitations ,an emergency financial aid grant to an eligible student may not be in an amount greater than #a1ejj per award year4 7#d7 ,determinations ,in determining eligibility for and awarding emergency financial aid grants under this subsection1 an institution of higher education may-- 7,a7 independently assess a student's unmet financial need and eligibility separate from the student's expected family contribution 7as determined under section #dgd7 for an award year2 7,b7 utilize a separate application process to determine the student's unmet financial need2 and 7,c7 utilize a contract with a scholarship-granting organization designated for the sole purpose of accepting applications from or disbursing funds to students enrolled in the institution of higher education1 if such scholarship-granting organization disburses the full allocated amount provided to the institution of higher education to the recipients 7except as provided under subsection 7h77#a774 7e7 ,reporting and oversight 7#a7 ,in general ,not less frequently than once annually1 each institution of higher education that receives a grant under this section shall submit to the ,secretary a report on the progress of the institution of higher education in carrying out the programs supported by such grant4 7#b7 ,form of report ,the report under paragraph 7#a7 shall be submitted to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 ,the ,secretary shall issue uniform guidelines describing the information that shall be reported by institutions of higher education under such paragraph4 7#c7 ,content of report ,the report under paragraph 7#a7 shall include1 at minimum1 the following3 7,a7 ,the number of students that received an emergency financial aid grant4 7,b7 ,the average amount of an emergency financial aid grant awarded to eligible students4 7,c7 ,the number of students that applied for emergency financial aid grants4 7,d7 ,the number of students that were denied emergency financial aid grants4 7,e7 ,the average amount of time it took an institution of higher education to respond to an application for an emergency financial aid grant by an eligible student and the average amount of time it took the institution of higher education to approve or deny the emergency financial aid grant application4 7,f7 ,the number of students that received an emergency financial aid grant disaggregated by-- 7i7 sex2 7ii7 race or ethnicity2 7iii7 classification as a student with a disability2 and 7iv7 recipients of a ,federal ,pell ,grant4 7f7 ,grant amounts2 duration2 deadlines 7#a7 ,amount ,a grant awarded to an institution of higher education under this section shall not exceed #gej1jjj4 7#b7 ,duration ,a grant awarded to an institution of higher education under this section shall be for a period of not more than #b years4 7#c7 ,deadlines 7,a7 ,notice ,the ,secretary shall issue a notice inviting applications for grants under this section no later than #cj days after the enactment of the ,supporting ,students in ,response to ,coronavirus ,act4 7,b7 ,receipt of applications ,the ,secretary shall accept applications from institutions of higher education on a rolling basis4 7,c7 ,response ,the ,secretary shall approve or deny applications from institutions of higher education under subsection 7c7 within #cj days4 7#d7 ,redistribution of excess amounts ,if an institution of higher education returns to the ,secretary any portion of the sums awarded to the eligible institution under this section for any fiscal year1 the ,secretary shall redistribute the excess funds to institutions of higher education receiving grants under this section for such year that received and used at least #e percent of the total amount of funds granted to institutions of higher education under this section4 7g7 ,outreach2 technical assistance ,the ,secretary shall-- 7#a7 conduct outreach to institutions of higher education to provide information on the opportunity to apply to carry out an emergency financial aid program under this section2 and 7#b7 provide technical assistance and outreach to institutions of higher education for the preparation of applications described in subsection 7c74 7h7 ,administration 7#a7 ,administration costs ,an institution of higher education that receives a grant under this section may use not more than #c percent of the grant funds to administer such grant4 7#b7 ,reservation by ,secretary ,the ,secretary may reserve not more than #a_/b of #a percent of the grant funds to administer the program under this section4 7i7 ,applicability ,notwithstanding any other provision of law1 any requirement under this title that applies to assistance under this title shall not apply with respect to a grant or emergency financial aid grant provided under this part unless otherwise explicitly provided4 7j7 ,authorization and appropriations 7#a7 ,in general ,there are authorized to be appropriated1 and there are appropriated1 from amounts in the ,treasury not already appropriated and in addition to any other amounts appropriated to carry out this section1 the following amounts3 7,a7 #fjj1jjj1jjj for fiscal year #bjbj4 7,b7 #fjj1jjj1jjj for fiscal year #bjba4 7#b7 ,availability of funds ,amounts appropriated under this subsection shall remain available until expended1 except that no sums may be expended after ,september #cj1 #bjbc4 4 #e4 ,definition of qualifying emergency ,section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc7 is amended-- 7#a7 by redesignating paragraphs 7#ae7 through 7#bd7 as paragraphs 7#af7 through 7#be71 respectively2 and 7#b7 by inserting after paragraph 7#ad7 the following3 7#ae7 ,qualifying emergency ,the term qualifying emergency means-- 7,a7 a public health emergency declared by the ,secretary of ,health and ,human ,services pursuant to section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d72 7,b7 an emergency for which a governor of a ,state or territory has declared a state of emergency2 7,c7 an event for which the ,president declared a major disaster or an emergency under section #dja or #eja1 respectively1 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj and #eaia72 or 7,d7 a national emergency declared by the ,president under section #bja of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq474 4 #f4 ,exclusion of emergency financial aid from income ,section #dhj7;j7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgvv7j77 is amended by adding at the end the following3 7#e7 ,notwithstanding paragraph 7#a71 emergency financial aid grants in an amount less than #a1ejj provided to a student for unexpected expenses that are a component of the student's cost of attendance1 and not otherwise considered when the determination of the student's need is made1 shall not be treated as other financial assistance for purposes of section #dga7c74 4 #g4 ,adjustment of subsidized usage limits ,section #dhd7q77#c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7q77#c77 is amended by adding at the end the following3 7,c7 ,special rule ,notwithstanding paragraph 7#a7 or subparagraph 7,a71 the ,secretary may exclude from a student's period of enrollment any semester1 trimester1 quarter1 or other appropriate academic period during which the student was unable to remain enrolled in school as a result of a qualifying emergency1 if the ,secretary is able to administer such policy in a manner that limits complexity and the burden on the student4 4 #h4 ,institutional refund and ,federal student loan flexibility 7a7 ,waivers2 canceling loan obligation2 approved leave of absence ,section #dhd;,b of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajia;b7 is amended by adding at the end the following3 7f7 ,waiver ,the ,secretary may waive the requirement under this section with respect to an institution1 that if a recipient of assistance under this title withdraws from an institution during a payment period or period of enrollment in which the recipient began attendance1 the amount of grant or loan assistance 7other than assistance received under part ,c7 be returned to the title ,,iv programs under this ,act1 if-- 7#a7 the recipient of assistance withdraws during a payment period as a result of a qualifying emergency2 and 7#b7 the institution requests such a waiver4 7g7 ,canceling loan obligation ,notwithstanding any other provision of this ,act1 the ,secretary shall cancel the obligation to repay the portion of a loan made under part ,d for a recipient of assistance who withdraws from the institution as a result of a qualifying emergency for the payment period for which a waiver for the loan is granted under subsection 7f74 7h7 ,approved leave of absence ,notwithstanding any other provision of law1 for purposes of receiving assistance under this title1 an institution of higher education may1 as a result of a qualifying emergency1 provide a student with an approved leave of absence that does not require the student to return at the same point in the academic program that the student began the leave of absence4 4 7b7 ,waivers of ,federal ,pell grant repayment2 waivers of grant assistance repayment ,section #dhd;,b7b77#b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajia;b7b77#b77 is amended-- 7#a7 in subparagraph 7,d7-- 7,a7 by striking clause 7i7 and inserting the following3 7i7 who were residing in1 employed in1 or attending an institution of higher education that is located in an area in which there exists a qualifying emergency2 2 and 7,b7 in clause 7ii71 by inserting or emergency after disaster2 and 7#b7 in subparagraph 7,e7-- 7,a7 by striking clause 7i7 and inserting the following3 7i7 who were residing in1 employed in1 or attending an institution of higher education that is located in an area in which there exists a qualifying emergency2 2 and 7,b7 in clause 7ii71 by inserting or emergency after disaster4 7c7 ,effective date ,the amendments made by this section shall take effect on the date of enactment of this ,act4 #i4 ,satisfactory progress ,section #dhd7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajia7;c77 is amended by adding at the end the following3 7#d7 ,in determining whether a student is maintaining satisfactory progress1 an institution of higher education may1 as a result of a qualifying emergency1 exclude from the quantitative component of the calculation any attempted credits that were not completed by such student without requiring an appeal by such student4 4 #aj4 ,continuing education at affected foreign institutions 7a7 ,eligible program flexibility ,section #dha7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhh7;b77 is amended-- 7#a7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 ,notwithstanding the restriction in paragraph 7#c7 with respect to a foreign institution1 in the case of a public health emergency1 major disaster or emergency1 or national emergency declared by the applicable government authorities in the country in which the foreign institution is located1 the ,secretary may permit any part of an otherwise eligible program to be offered via distance education for the duration of such emergency or disaster and the following payment period4 4 #aa4 ,resources for addressing child traumatic stress 7a7 ,grants for addressing child traumatic stress ,from funds available under subsection 7c71 the ,secretary of ,health and ,human ,services shall award supplemental grants to entities1 tribes1 and tribal organizations that1 on the date of enactment of this ,act1 have an active grant that was awarded to the entity1 tribe1 or tribal organization under section #ehb of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;hh-#a74 7b7 ,grant activities ,an entity1 tribe1 or tribal organization awarded a grant under this section shall develop and distribute guidance1 training1 and other resources for early care and education programs1 families1 caregivers1 and teachers1 principals or other school leaders1 and administrators for addressing challenges related to a qualifying emergency 7as defined in section #b74 ,such resources shall-- 7#a7 include-- 7,a7 training and resources for early care and education programs in what to expect for young children1 management of anxiety 7including anxiety for high-risk populations and those that must be in social isolation71 and effective strategies for communicating with parents and families in times of stress2 7,b7 best practices for families for dealing with loss of routine1 identifying early signs of trauma1 and coping with stress2 7,c7 best practices for families with high-risk populations 7including multigenerational households or grandparents caring for grandchildren1 people with disabilities or chronic medical conditions1 or households with a pregnant person72 and 7,d7 training and guidance for teachers1 principals or other school leaders1 and administrators about the potential impact of school closures1 social isolation1 and other changes of routine for students and staff2 and 7#b7 be-- 7,a7 electronic and include web-based resources2 7,b7 culturally competent2 7,c7 evidence-informed or evidence-based2 7,d7 accessible2 7,e7 available in multiple languages2 and 7,f7 trauma-informed4 7c7 ,appropriation of funds ,there are authorized to be appropriated1 and there are appropriated1 #c1jjj1jjj to award grants pursuant to subsection 7b74