,,ii #aafth ,,congress #b;d ,session ,s4 #chgd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #c1 #bjbj,mrs4 ,murray 7for herself1 ,ms4 ,smith1 ,ms4 ,warren1 ,mr4 ,casey1 ,mrs4 ,gillibrand1 ,ms4 ,hassan1 ,mr4 ,kaine1 ,ms4 ,rosen1 ,mr4 ,sanders1 ,ms4 ,baldwin1 ,mrs4 ,shaheen1 ,mr4 ,durbin1 ,mr4 ,reed1 ,mr4 ,schatz1 ,mr4 ,booker1 ,mr4 ,wyden1 ,ms4 ,hirono1 ,mr4 ,merkley1 and ,mr4 ,jones7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,making additional supplemental appropriations for disaster relief requirements for the fiscal year ending ,september #cj1 #bjbj1 and for other purposes4 #a4 ,the following sums are appropriated1 out of any money in the ,treasury not otherwise appropriated1 for the fiscal year ending ,september #cj1 #bjbj1 and for other purposes1 namely3 ,department of ,health and ,human ,services ,administration for ,children and ,families ,payments to ,states for the ,child ,care and ,development ,block ,grant ,for an additional amount for ,payments to ,states for the ,child ,care and ,development ,block ,grant1 #ej1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjba1 for necessary expenses to carry out the ,child ,care ,stabilization ,fund grants program1 as authorized by section #b of this ,act3 ,provided1 ,that such funds shall be available without regard to the requirements in subparagraphs 7,c7 through 7,e7 of section #feh;,e7c77#c7 or section #feh;,g of the ,child ,care and ,development ,block ,grant ,act of #aiij3 ,provided further1 ,that funds appropriated under this heading in this ,act may be made available to restore amounts1 either directly or through reimbursement1 for obligations incurred prior to the date of enactment of this ,act for the purposes provided in this ,act3 ,provided further1 ,that such amount is designated by ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe and shall be available only if the ,president subsequently so designates such amount and transmits such designation to ,congress4 #b4 7a7 ,definitions ,in this section3 7#a7 ,,ccdbg terms ,the terms eligible child care provider1 ,indian tribe1 lead agency1 tribal organization1 ,secretary1 and ,state have the meanings given the terms in section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn7 except as otherwise provided in this section4 7#b7 ,,covid-#ai public health emergency ,the term ,,covid-#ai public health emergency means the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 on ,january #ca1 #bjbj1 with respect to ,,covid-#ai1 including any renewal of the declaration4 7b7 ,grants ,from funds appropriated to carry out this section and under the authority of section #feh,o of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehm7 and this section1 the ,secretary shall establish a ,child ,care ,stabilization ,fund grants program1 through which the ,secretary shall award child care stabilization grants to the lead agency of each ,state 7as defined in that section #feh,o71 territory described in subsection 7a77#a7 of such section1 ,indian tribe1 and tribal organization from allotments and payments made under subsection 7c77#b71 not later than #cj days after the date of enactment of this ,act4 7c7 ,secretarial reservation and allotments 7#a7 ,reservation ,the ,secretary shall reserve not more than #a percent of the funds appropriated to carry out this section for the ,federal administration of grants described in subsection 7b74 7#b7 ,allotments ,the ,secretary shall use the remainder of the funds appropriated to carry out this section to award allotments to ,states1 as defined in section #feh,o of the ,child ,care ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehm71 and payments to territories1 ,indian tribes1 and tribal organizations in accordance with paragraphs 7#a7 and 7#b7 of subsection 7a71 and subsection 7b71 of section #feh,o of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehm74 7d7 ,state reservations and subgrants 7#a7 ,reservation ,a lead agency for a ,state that receives a child care stabilization grant pursuant to subsection 7b7 shall reserve not more than #aj percent of such grant funds-- 7,a7 to administer subgrants made to qualified child care providers under paragraph 7#b71 including to carry out data systems building and other activities that enable the disbursement of payments of such subgrants2 7,b7 to provide technical assistance and support in applying for and accessing the subgrant opportunity under paragraph 7#b71 to eligible child care providers 7including to family child care providers1 group home child care providers1 and other non-center-based child care providers and providers with limited administrative capacity71 either directly or through resource and referral agencies or staffed family child care networks2 7,c7 to publicize the availability of subgrants under this section and conduct widespread outreach to eligible child care providers1 including family child care providers1 group home child care providers1 and other non-center-based child care providers and providers with limited administrative capacity1 either directly or through resource and referral agencies or staffed family child care networks1 to ensure eligible child care providers are aware of the subgrants available under this section2 7,d7 to carry out the reporting requirements described in subsection 7f72 and 7,e7 to carry out activities to improve the supply and quality of child care during and after the ,,covid-#ai public health emergency1 such as conducting community needs assessments1 carrying out child care cost modeling1 making improvements to child care facilities1 increasing access to licensure or participation in the ,state's tiered quality rating system1 and carrying out other activities described in section #feh;,g7b7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;e7b771 to the extent that the lead agency can carry out activities described in this subparagraph without preventing the lead agency from fully conducting the activities described in subparagraphs 7,a7 through 7,d74 7#b7 ,subgrants to qualified child care providers 7,a7 ,in general ,the lead agency shall use the remainder of the grant funds awarded pursuant to subsection 7b7 to make subgrants to qualified child care providers described in subparagraph 7,b71 to support the stability of the child care sector during and after the ,,covid-#ai public health emergency4 ,the lead agency shall provide the subgrant funds in advance of provider expenditures for costs described in subsection 7e71 except as provided in subsection 7e77#b74 7,b7 ,qualified child care provider ,to be qualified to receive a subgrant under this paragraph1 a provider shall be an eligible child care provider that-- 7i7 was providing child care services on or before ,march #a1 #bjbj2 and 7ii7 on the date of submission of an application for the subgrant1 was either-- 7,i7 open and available to provide child care services2 or 7,,ii7 closed due to the ,,covid-#ai public health emergency4 7,c7 ,subgrant amount ,the lead agency shall make subgrants1 from amounts awarded pursuant to subsection 7b71 to qualified child care providers1 and the amount of such a subgrant to such a provider shall-- 7i7 be based on the provider's stated average operating expenses during the period 7of not longer than #f months7 before ,march #a1 #bjbj1 and at minimum cover such operating expenses for the intended length of the subgrant2 7ii7 account for increased costs of providing or preparing to provide child care as a result of the ,,covid-#ai public health emergency1 such as provider and employee compensation and existing benefits 7existing as of ,march #a1 #bjbj7 and the implementation of new practices related to sanitization1 group size limits1 and social distancing2 7iii7 be adjusted for payments or reimbursements made to an eligible child care provider to carry out the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq47 or the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq472 and 7iv7 be adjusted for payments or reimbursements made to an eligible child care provider through the ,paycheck ,protection ,program set forth in section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf771 as added by section #aajb of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf74 7,d7 ,application 7i7 ,eligibility ,to be eligible to receive a subgrant under this paragraph1 a child care provider shall submit an application to a lead agency at such time and in such manner as the lead agency may require4 ,such application shall include-- 7,i7 a good-faith certification that the ongoing operations of the child care provider have been impacted as a result of the ,,covid-#ai public health emergency2 7,,ii7 for a provider described in subparagraph 7,b77ii77,i71 an assurance that1 for the duration of the ,,covid-#ai public health emergency-- 7aa7 the provider will give priority for available slots 7including slots that are only temporarily available7 to-- 7,,aa7 children of essential workers 7such as health care sector employees1 emergency responders1 sanitation workers1 farmworkers1 child care employees1 and other workers determined to be essential during the response to coronavirus by public officials71 children of workers whose places of employment require their attendance1 children experiencing homelessness1 children with disabilities1 children at risk of child abuse or neglect1 and children in foster care1 in ,states where stay-at-home or related orders are in effect2 or 7,,bb7 children of workers whose places of employment require their attendance1 children experiencing homelessness1 children with disabilities1 children at risk of child abuse or neglect1 children in foster care1 and children whose parents are in school or a training program1 in ,states where stay-at-home or related orders are not in effect2 7bb7 the provider will implement policies in line with guidance from the ,centers for ,disease ,control and ,prevention and the corresponding ,state and local authorities1 and in accordance with ,state and local orders1 for child care providers that remain open1 including guidance on sanitization practices1 group size limits1 and social distancing2 7cc7 for each employee1 the provider will pay the full compensation described in subsection 7e77#a77;,c71 including any benefits1 that was provided to the employee as of ,march #a1 #bjbj 7referred to in this clause as full compensation71 and will not take any action that reduces the weekly amount of the employee's compensation below the weekly amount of full compensation1 or that reduces the employee's rate of compensation below the rate of full compensation2 and 7dd7 the provider will provide relief from copayments and tuition payments for the families enrolled in the provider's program and prioritize such relief for families struggling to make either type of payment2 7,,iii7 for a provider described in subparagraph 7,b77ii77,,ii71 an assurance that-- 7aa7 for the duration of the provider's closure due to the ,,covid-#ai public health emergency1 for each employee1 the provider will pay full compensation1 and will not take any action that reduces the weekly amount of the employee's compensation below the weekly amount of full compensation1 or that reduces the employee's rate of compensation below the rate of full compensation2 7bb7 children enrolled as of ,march #a1 #bjbj1 will maintain their slots1 unless their families choose to disenroll the children2 7cc7 for the duration of the provider's closure due to the ,,covid-#ai public health emergency1 the provider will provide relief from copayments and tuition payments for the families enrolled in the provider's program and prioritize such relief for families struggling to make either type of payment2 and 7dd7 the provider will resume operations when the provider is able to safely implement policies in line with guidance from the ,centers for ,disease ,control and ,prevention and the corresponding ,state and local authorities1 and in accordance with ,state and local orders2 7,,iv7 information about the child care provider's-- 7aa7 program characteristics sufficient to allow the lead agency to establish the child care provider's priority status1 as described in subparagraph 7,f72 7bb7 program operational status on the date of submission of the application2 7cc7 type of program1 including whether the program is a center-based child care1 family child care1 group home child care1 or other non-center-based child care type program2 7dd7 total enrollment on the date of submission of the application and total capacity as allowed by the ,state2 and 7ee7 receipt of assistance1 and amount of assistance1 through a payment or reimbursement described in subparagraph 7,c77iv71 and the time period for which the assistance was made2 7,v7 information necessary to determine the amount of the subgrant1 such as information about the provider's stated average operating expenses over the period before ,march #a1 #bjbj1 described in subparagraph 7,c77i72 and 7,,vi7 such other limited information as the lead agency shall determine to be necessary to make subgrants to qualified child care providers4 7ii7 ,frequency ,the lead agency shall accept and process applications submitted under this subparagraph on a rolling basis4 7iii7 ,updates ,the lead agency shall-- 7,i7 at least once a month1 verify by obtaining a self-attestation from each qualified child care provider that received such a subgrant from the agency1 whether the provider is open and available to provide child care services or is closed due to the ,,covid-#ai public health emergency2 7,,ii7 allow the qualified child care provider to update the information provided in a prior application2 and 7,,iii7 adjust the qualified child care provider's subgrant award as necessary1 based on changes to the application information1 including changes to the provider's operational status4 7iv7 ,existing applications ,if a lead agency has established and implemented a grant program for child care providers that is in effect on the date of enactment of this ,act1 and an eligible child care provider has already submitted an application for such a grant to the lead agency containing the information specified in clause 7i71 the lead agency shall treat that application as an application submitted under this subparagraph4 ,if an eligible child care provider has already submitted such an application containing part of the information specified in clause 7i71 the provider may submit to the lead agency an abbreviated application that contains the remaining information1 and the lead agency shall treat the #b applications as an application submitted under this subparagraph4 7,e7 ,materials 7i7 ,in general ,the lead agency shall provide the materials and other resources related to such subgrants1 including a notification of subgrant opportunities and application materials1 to qualified child care providers in the most commonly spoken languages in the ,state4 7ii7 ,application ,the application shall be accessible on the website of the lead agency within #cj days after the lead agency receives grant funds awarded pursuant to subsection 7b7 and shall be accessible to all eligible child care providers1 including family child care providers1 group home child care providers1 and other non-center-based child care providers and providers with limited administrative capacity4 7,f7 ,priority ,in making subgrants under this section1 the lead agency shall give priority to qualified child care providers that1 prior to or on ,march #a1 #bjbj-- 7i7 provided child care during nontraditional hours2 7ii7 served dual language learners1 children with disabilities1 children experiencing homelessness1 children in foster care1 children from low-income families1 or infants and toddlers2 7iii7 served a high proportion of children whose families received subsidies under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq47 for the child care2 or 7iv7 operated in communities1 including rural communities1 with a low supply of child care4 7,g7 ,providers receiving other assistance ,the lead agency1 in determining whether a provider is a qualified child care provider1 shall not take into consideration receipt of a payment or reimbursement described in clause 7iii7 or 7iv7 of subparagraph 7,c74 7,h7 ,awards ,the lead agency shall equitably make subgrants under this paragraph to center-based child care providers1 family child care providers1 group home child care providers1 and other non-center-based child care providers1 such that qualified child care providers are able to access the subgrant opportunity under this paragraph regardless of the providers' setting1 size1 or administrative capacity4 7,i7 ,obligation ,the lead agency shall obligate at least #ej percent of funds available to carry out this section for subgrants described in this paragraph1 by ,december #ca1 #bjbj4 7e7 ,uses of funds 7#a7 ,in general ,a qualified child care provider that receives funds through such a subgrant may use the funds for the costs of-- 7,a7 payroll2 7,b7 employee benefits1 including group health plan benefits during periods of paid sick1 medical1 or family leave1 and insurance premiums2 7,c7 employee salaries or similar compensation1 including any income or other compensation to a sole proprietor or independent contractor that is a wage1 commission1 income1 net earnings from self-employment1 or similar compensation2 7,d7 payment on any mortgage obligation2 7,e7 rent 7including rent under a lease agreement72 7,f7 utilities2 7,g7 insurance2 7,h7 providing premium pay for child care providers and other employees who provide services during the ,,covid-#ai public health emergency2 7,i7 sanitization and other costs associated with cleaning2 7,j7 personal protective equipment and other equipment necessary to carry out the functions of the child care provider2 7,k7 training and professional development related to health and safety practices1 including the proper implementation of policies in line with guidance from the ,centers for ,disease ,control and ,prevention and the corresponding ,state and local authorities1 and in accordance with ,state and local orders2 7,l7 modifications to child care services as a result of the ,,covid-#ai public health emergency1 such as limiting group sizes1 adjusting staff-to-child ratios1 and implementing other heightened health and safety measures2 7,m7 mental health supports for children and employees2 and 7,n7 other goods and services necessary to maintain or resume operation of the child care program1 or to maintain the viability of the child care provider as a going concern during and after the ,,covid-#ai public health emergency4 7#b7 ,reimbursement ,the qualified child care provider may use the subgrant funds to reimburse the provider for sums obligated or expended before the date of enactment of this ,act for the cost of a good or service described in paragraph 7#a7 to respond to the ,,covid-#ai public health emergency4 7f7 ,reporting 7#a7 ,initial report ,a lead agency receiving a grant under this section shall1 within #fj days after making the agency's first subgrant under subsection 7d77#b7 to a qualified child care provider1 submit a report to the ,secretary that includes-- 7,a7 data on qualified child care providers that applied for subgrants and qualified child care providers that received such subgrants1 including-- 7i7 the number of such applicants and the number of such recipients2 7ii7 the number and proportion of such applicants and recipients that received priority and the characteristic or characteristics of such applicants and recipients associated with the priority2 7iii7 the number and proportion of such applicants and recipients that are-- 7,i7 center-based child care providers2 7,,ii7 family child care providers2 7,,iii7 group home child care providers2 or 7,,iv7 other non-center-based child care providers2 and 7iv7 within each of the groups listed in clause 7iii71 the number of such applicants and recipients that are1 on the date of submission of the application-- 7,i7 open and available to provide child care services2 or 7,,ii7 closed due to the ,,covid-#ai public health emergency2 7,b7 the total capacity of child care providers that are licensed1 regulated1 or registered in the ,state on the date of the submission of the report2 7,c7 a description of-- 7i7 the efforts of the lead agency to publicize the availability of subgrants under this section and conduct widespread outreach to eligible child care providers about such subgrants1 including efforts to make materials available in languages other than ,english2 7ii7 the lead agency's methodology for determining amounts of subgrants under subsection 7d77#b72 7iii7 the lead agency's timeline for disbursing the subgrant funds2 and 7iv7 the lead agency's plan for ensuring that qualified child care providers that receive funding through such a subgrant comply with assurances described in subsection 7d77#b77;,d7 and use funds in compliance with subsection 7e72 and 7,d7 such other limited information as the ,secretary may require4 7#b7 ,quarterly report ,the lead agency shall1 following the submission of such initial report1 submit to the ,secretary a report that contains the information described in subparagraphs 7,a71 7,b71 and 7,d7 of paragraph 7#a7 once a quarter until all funds allotted for activities authorized under this section are expended4 7#c7 ,final report ,not later than #fj days after a lead agency receiving a grant under this section has obligated all of the grant funds 7including funds received under subsection 7h771 the lead agency shall submit a report to the ,secretary1 in such manner as the ,secretary may require1 that includes-- 7,a7 the total number of eligible child care providers who were providing child care services on or before ,march #a1 #bjbj1 in the ,state and the number of such providers that submitted an application under subsection 7d77#b77;,d72 7,b7 the number of qualified child care providers in the ,state that received funds through the grant2 7,c7 the lead agency's methodology for determining amounts of subgrants under subsection 7d77#b72 7,d7 the average and range of the subgrant amounts by provider type 7center-based child care1 family child care1 group home child care1 or other non-center-based child care provider72 7,e7 the percentages1 of the child care providers that received such a subgrant1 that1 on or before ,march #a1 #bjbj-- 7i7 provided child care during nontraditional hours2 7ii7 served dual language learners1 children with disabilities1 children experiencing homelessness1 children in foster care1 children from low-income families1 or infants and toddlers2 7iii7 served a high percentage of children whose families received subsidies under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq47 for the child care2 and 7iv7 operated in communities1 including rural communities1 with a low supply of child care2 7,f7 the number of children served by the child care providers that received such a subgrant1 for the duration of the subgrant2 7,g7 the percentages1 of the child care providers that received such a subgrant1 that are-- 7i7 center-based child care providers2 7ii7 family child care providers2 7iii7 group home child care providers2 or 7iv7 other non-center-based child care providers2 7,h7 the percentages1 of the child care providers listed in subparagraph 7,g7 that are1 on the date of submission of the application-- 7i7 open and available to provide child care services2 or 7ii7 closed due to the ,,covid-#ai public health emergency2 7,i7 information about how child care providers used the funds received under such a subgrant2 7,j7 information about how the lead agency used funds reserved under subsection 7d77#a72 and 7,k7 information about how the subgrants helped to stabilize the child care sector4 7#d7 ,reports to ,congress 7,a7 ,findings from initial reports ,not later than #fj days after receiving all reports required to be submitted under paragraph 7#a71 the ,secretary shall provide a report to the ,committee on ,education and ,labor and the ,committee on ,appropriations of the ,house of ,representatives and to the ,committee on ,health1 ,education1 ,labor1 and ,pensions and the ,committee on ,appropriations of the ,senate1 summarizing the findings from the reports received under paragraph 7#a74 7,b7 ,findings from final reports ,not later than #cf months after the date of enactment of this ,act1 the ,secretary shall provide a report to the ,committee on ,education and ,labor and the ,committee on ,appropriations of the ,house of ,representatives and to the ,committee on ,health1 ,education1 ,labor1 and ,pensions and the ,committee on ,appropriations of the ,senate1 summarizing the findings from the reports received under paragraph 7#c74 7g7 ,supplement not supplant ,amounts made available to carry out this section shall be used to supplement and not supplant other ,federal1 ,state1 and local public funds expended to provide child care services for eligible individuals1 including funds provided under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq47 and ,state child care programs4 7h7 ,reallotment of unobligated funds 7#a7 ,unobligated funds ,a ,state1 ,indian tribe1 or tribal organization shall return to the ,secretary any grant funds received under this section that the ,state1 ,indian tribe1 or tribal organization does not obligate by ,september #cj1 #bjba4 7#b7 ,reallotment ,the ,secretary shall award new allotments and payments1 in accordance with subsection 7c77#b71 to covered ,states1 ,indian tribes1 or tribal organizations from funds that are returned under paragraph 7#a7 within #fj days of receiving such funds4 ,funds made available through the new allotments and payments shall remain available to each such covered ,state1 ,indian tribe1 or tribal organization until ,september #cj1 #bjbb4 7#c7 ,covered ,state1 ,indian tribe1 or tribal organization ,for purposes of paragraph 7#b71 a covered ,state1 ,indian tribe1 or tribal organization is a ,state1 ,indian tribe1 or tribal organization that received an allotment or payment under this section and was not required to return grant funds under paragraph 7#a74 7i7 ,exceptions ,the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq471 excluding requirements in subparagraphs 7,c7 through 7,e7 of section #feh;,e7c77#c71 section #feh;,g1 and section #feh;,j7c7 of such ,act 7#db ,u4,s4,c4 #iheh;c7c77#c71 #iheh;e1 #iheh;h7c771 shall apply to child care services provided under this section to the extent the application of such ,act does not conflict with the provisions of this section4 ,nothing in this ,act shall be construed to require a ,state to submit an application1 other than the application described in section #feh;,e or #feh,o7c7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;c1 #ihehm7c771 to receive a grant under this section4 7j7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this ,act #ej1jjj1jjj1jjj for fiscal year #bjbj4 7#b7 ,application ,in carrying out the ,child ,care and ,development ,block ,grant ,act of #aiij with funds other than the funds appropriated under paragraph 7#a71 the ,secretary shall calculate the amounts of appropriated funds described in subsections 7a7 and 7b7 of section #feh,o of such ,act 7#db ,u4,s4,c4 #ihehm7 by excluding funds appropriated under paragraph 7#a74 #c4 ,an amount appropriated or made available under this ,act is in addition to any amounts otherwise appropriated for the fiscal year involved4 #d4 ,unless otherwise provided in this ,act1 the additional amount appropriated under this ,act to an appropriations account shall be available under the authorities and conditions applicable to such appropriations account for fiscal year #bjbj4 #e4 ,this ,act may be cited as the ,child ,care ,is ,essential ,act4