Coronavirus Child Care and Education Relief Act

II 116TH CONGRESS 2D SESSION S. 4112 To support education and child care during the COVID–19 public health emergency, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 30, 2020 Mrs. MURRAY (for herself, Mr. SCHUMER, Mr. LEAHY, Ms. ROSEN, Mr. KAINE, Ms. BALDWIN, Mr. MERKLEY, Mr. VAN HOLLEN, Mr. SANDERS, Mr. MURPHY, Ms. SMITH, Mr. CASEY, Ms. STABENOW, Mr. MARKEY, Ms. WARREN, Mr. REED, Ms. HASSAN, Mrs. FEINSTEIN, and Mr. DUR- BIN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To support education and child care during the COVID– 19 public health emergency, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Coronavirus Child 4 Care and Education Relief Act’’. 5 SEC. 2. TABLE OF CONTENTS. 6 The table of contents of this Act is as follows: 7 Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definition of qualifying emergency. VerDate Sep 11 2014 03:09 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S4112.IS S4112 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 4112 IS TITLE I—SUPPORT FOR CHILDREN AND FAMILIES Sec. 101. Child Abuse Prevention and Treatment Act. Sec. 102. Child Care Stabilization Fund. TITLE II—SUPPORT FOR STUDENTS AND SCHOOLS Subtitle A— Education Stabilization Fund Improvements Sec. 211. Increase in appropriations. Sec. 212. Education stabilization funds. Subtitle B—Additional Appropriations for Elementary Education, Secondary Education, and Special Education Sec. 221. Elementary and secondary education appropriations. Sec. 222. Individuals with Disabilities Education Act appropriations. Subtitle C—Higher Education CHAPTER 1—HISTORICALLY BLACK COLLEGES AND UNIVERSITIES Sec. 231. HBCU endowment challenge grants. Sec. 232. Funding for HBCU capital financing. CHAPTER 2—ADDITIONAL APPROPRIATIONS FOR TRIO PROGRAMS Sec. 235. Additional TRIO appropriations. Subtitle D—Increased Funding for Adult Education and Career and Technical Education CHAPTER 1—ADULT EDUCATION AND LITERACY QUALIFYING EMERGENCY RESPONSE Sec. 241. Definitions. Sec. 242. Adult education and literacy response activities. Sec. 243. Distribution of funds. CHAPTER 2—CAREER AND TECHNICAL EDUCATION Sec. 245. Definitions and Perkins CTE requirements. Sec. 246. COVID–19 career and technical education response flexibility. Sec. 247. Perkins career and technical education. Subtitle E—Community College and Industry Partnership Grants Sec. 251. Community college and industry partnership grants. Subtitle F—E-Rate Sec. 255. E-Rate support for Wi-Fi hotspots, other equipment, and connected devices during emergency periods relating to COVID–19. TITLE III—GENERAL PROVISIONS Sec. 301. Protections for children with disabilities. Sec. 302. Rule of construction relating to registered apprenticeship programs. VerDate Sep 11 2014 03:09 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S4112.IS S4112 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 4112 IS Sec. 303. General Education Provisions Act requirements relating to COVID– 19. Sec. 304. Emergency designation. SEC. 3. DEFINITION OF QUALIFYING EMERGENCY. 1 In this Act, the term ‘‘qualifying emergency’’ has the 2 meaning given the term in section 3502 of division A of 3 the Coronavirus Aid, Relief, and Economic Security Act 4 (Public Law 116–136). 5 TITLE I—SUPPORT FOR 6 CHILDREN AND FAMILIES 7 SEC. 101. CHILD ABUSE PREVENTION AND TREATMENT 8 ACT. 9 (a) TITLE I APPROPRIATIONS.— 10 (1) IN GENERAL.—There is appropriated to the 11 Secretary of Health and Human Services (referred 12 to in this section as the ‘‘Secretary’’), out of 13 amounts in the Treasury not otherwise appropriated, 14 $500,000,000 for fiscal year 2020, for the purpose 15 of providing additional funding for the State grant 16 program under section 106 of the Child Abuse Pre- 17 vention and Treatment Act (42 U.S.C. 5106a). 18 (2) ALLOTMENTS.—The Secretary shall make 19 allotments out of the amounts appropriated under 20 paragraph (1) to each State and territory receiving 21 an allotment under section 106(f) of the Child Abuse 22 Prevention and Treatment Act (42 U.S.C. 5106a(f)) 23 for fiscal year 2019, in the same manner that 24 VerDate Sep 11 2014 03:09 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4112.IS S4112 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 4112 IS amounts appropriated under section 112 of such Act 1 (42 U.S.C. 5106f) are allotted to States in accord- 2 ance with section 106(f)(2) of such Act. 3 (3) CHILDREN, FAMILIES, AND CHILD WELFARE 4 WORKERS’ HEALTH AND SAFETY.—The Secretary 5 shall allow each State to use amounts appropriated 6 under paragraph (1) and allocated under paragraph 7 (2) to cover costs that the State determines nec- 8 essary to support child welfare workers in pre- 9 venting, investigating, and treating child abuse and 10 neglect in response to a qualifying emergency, in- 11 cluding for the purchase of personal protective 12 equipment and sanitation supplies, consistent with 13 section 106 of the Child Abuse Prevention and 14 Treatment Act (42 U.S.C. 5106a). 15 (b) CHILD ABUSE PREVENTION APPROPRIATION.— 16 (1) IN GENERAL.—There is appropriated to the 17 Secretary, out of amounts in the Treasury not other- 18 wise appropriated, $1,000,000,000 for fiscal year 19 2020, for the purpose of providing additional fund- 20 ing for the community-based grants for the preven- 21 tion of child abuse and neglect under title II of the 22 Child Abuse Prevention and Treatment Act (42 23 U.S.C. 5116 et seq.). 24 VerDate Sep 11 2014 03:09 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4112.IS S4112 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 4112 IS (2) ALLOTMENTS.—The Secretary shall make 1 allotments out of the amounts appropriated under 2 paragraph (1) to each State receiving an allotment 3 under section 203 of the Child Abuse Prevention 4 and Treatment Act (42 U.S.C. 5116b) for fiscal 5 year 2019, in the same manner that amounts appro- 6 priated under section 209 of such Act (42 U.S.C. 7 5116i) are allotted to States in accordance with sec- 8 tion 203 of such Act, except that, in allotting 9 amounts under this subsection— 10 (A) in subsection (a) of such section 203, 11 ‘‘1 percent’’ shall be deemed to be ‘‘5 percent’’; 12 (B) in subsection (b)(1)(A) of such section 13 203, ‘‘70 percent’’ shall be deemed to be ‘‘100 14 percent’’; and 15 (C) subsections (b)(1)(B) and (c) of such 16 section 203 shall not apply. 17 (3) COMMUNITY-BASED PROGRAMS AND ACTIVI- 18 TIES HEALTH AND SAFETY.—The Secretary shall 19 allow each State lead entity to use amounts appro- 20 priated under paragraph (1) and allocated to the 21 State under paragraph (2) to cover costs that the 22 lead entity determines necessary to maintain the op- 23 eration of community-based and prevention-focused 24 programs and activities in the State in response to 25 VerDate Sep 11 2014 03:09 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4112.IS S4112 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 4112 IS a qualifying emergency, including for the purchase 1 of personal protective equipment and sanitation sup- 2 plies, consistent with title II of Child Abuse Preven- 3 tion and Treatment Act (42 U.S.C. 5116 et seq.). 4 (4) NO STATE MATCHING REQUIREMENT.—Not- 5 withstanding section 204(4) of the Child Abuse Pre- 6 vention and Treatment Act (42 U.S.C. 5116d(4)), a 7 State shall not be required to provide any additional 8 funding for the program under title II of the Child 9 Abuse Prevention and Treatment Act (42 U.S.C. 10 5116 et seq.) as a condition for receiving an alloca- 11 tion under paragraph (1). 12 (c) IN GENERAL.—Any amount appropriated or 13 made available under this section is in addition to other 14 amounts appropriated or made available for the applicable 15 purpose, and shall remain available until expended. 16 SEC. 102. CHILD CARE STABILIZATION FUND. 17 (a) DEFINITIONS.—In this section, the terms ‘‘eligi- 18 ble child care provider’’, ‘‘Indian tribe’’, ‘‘lead agency’’, 19 ‘‘tribal organization’’, ‘‘Secretary’’, and ‘‘State’’ have the 20 meanings given the terms in section 658P of the Child 21 Care and Development Block Grant Act of 1990 (42 22 U.S.C. 9858n) except as otherwise provided in this sec- 23 tion. 24 VerDate Sep 11 2014 03:09 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4112.IS S4112 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 4112 IS (b) GRANTS.—From funds appropriated to carry out 1 this section and under the authority of section 658O of 2 the Child Care and Development Block Grant Act of 1990 3 (42 U.S.C. 9858m) and this section, the Secretary shall 4 establish a Child Care Stabilization Fund grants program, 5 through which the Secretary shall award child care sta- 6 bilization grants to the lead agency of each State (as de- 7 fined in that section 658O), territory described in sub- 8 section (a)(1) of such section, Indian tribe, and tribal or- 9 ganization from allotments and payments made under 10 subsection (c)(2), not later than 30 days after the date 11 of enactment of this Act. 12 (c) SECRETARIAL RESERVATION AND ALLOT- 13 MENTS.— 14 (1) RESERVATION.—The Secretary shall reserve 15 not more than 1 percent of the funds appropriated 16 to carry out this section for the Federal administra- 17 tion of grants described in subsection (b). 18 (2) ALLOTMENTS.—The Secretary shall use the 19 remainder of the funds appropriated to carry out 20 this section to award allotments to States, as defined 21 in section 658O of the Child Care Development 22 Block Grant Act of 1990 (42 U.S.C. 9858m), and 23 payments to territories, Indian tribes, and tribal or- 24 ganizations in accordance with paragraphs (1) and 25 VerDate Sep 11 2014 03:09 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4112.IS S4112 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 4112 IS (2) of subsection (a), and subsection (b), of section 1 658O of the Child Care and Development Block 2 Grant Act of 1990 (42 U.S.C. 9858m). 3 (d) STATE RESERVATIONS AND SUBGRANTS.— 4 (1) RESERVATION.—A lead agency for a State 5 that receives a child care stabilization grant pursu- 6 ant to subsection (b) shall reserve not more than 10 7 percent of such grant funds— 8 (A) to administer subgrants made to quali- 9 fied child care providers under paragraph (2), 10 including to carry out data systems building 11 and other activities that enable the disburse- 12 ment of payments of such subgrants; 13 (B) to provide technical assistance and 14 support in applying for and accessing the 15 subgrant opportunity under paragraph (2), to 16 eligible child care providers (including to family 17 child care providers, group home child care pro- 18 viders, and other non-center-based child care 19 providers and providers with limited administra- 20 tive capacity), either directly or through re- 21 source and referral agencies or staffed family 22 child care networks; 23 (C) to publicize the availability of sub- 24 grants under this section and conduct wide- 25 VerDate Sep 11 2014 03:09 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4112.IS S4112 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 4112 IS spread outreach to eligible child care providers, 1 including family child care providers, group 2 home child care providers, and other non-cen- 3 ter-based child care providers and providers 4 with limited administrative capacity, either di- 5 rectly or through resource and referral agencies 6 or staffed family child care networks, to ensure 7 eligible child care providers are aware of the 8 subgrants available under this section; 9 (D) to carry out the reporting require- 10 ments described in subsection (f); and 11 (E) to carry out activities to improve the 12 supply and quality of child care during and 13 after the qualifying emergency, such as con- 14 ducting community needs assessments, carrying 15 out child care cost modeling, making improve- 16 ments to child care facilities, increasing access 17 to licensure or participation in the State’s 18 tiered quality rating system, and carrying out 19 other activities described in section 658G(b) of 20 the Child Care and Development Block Grant 21 Act of 1990 (42 U.S.C. 9858e(b)), to the extent 22 that the lead agency can carry out activities de- 23 scribed in this subparagraph without preventing 24 the lead agency from fully conducting the ac- 25 VerDate Sep 11 2014 03:09 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4112.IS S4112 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 4112 IS tivities described in subparagraphs (A) through 1 (D). 2 (2) SUBGRANTS TO QUALIFIED CHILD CARE 3 PROVIDERS.— 4 (A) IN GENERAL.—The lead agency shall 5 use the remainder of the grant funds awarded 6 pursuant to subsection (b) to make subgrants 7 to qualified child care providers described in 8 subparagraph (B), to support the stability of 9 the child care sector during and after the quali- 10 fying emergency. The lead agency shall provide 11 the subgrant funds in advance of provider ex- 12 penditures for costs described in subsection (e), 13 except as provided in subsection (e)(2). 14 (B) QUALIFIED CHILD CARE PROVIDER.— 15 To be qualified to receive a subgrant under this 16 paragraph, a provider shall be an eligible child 17 care provider that— 18 (i) was providing child care services 19 on or before March 1, 2020; and 20 (ii) on the date of submission of an 21 application for the subgrant, was either— 22 (I) open and available to provide 23 child care services; or 24 VerDate Sep 11 2014 03:09 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4112.IS S4112 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 4112 IS (II) closed due to the qualifying 1 emergency. 2 (C) SUBGRANT AMOUNT.—The lead agency 3 shall make subgrants, from amounts awarded 4 pursuant to subsection (b), to qualified child 5 care providers, and the amount of such a 6 subgrant to such a provider shall— 7 (i)(I) be based on the provider’s stat- 8 ed average operating expenses during the 9 period (of not longer than 6 months) be- 10 fore March 1, 2020, or, for a provider that 11 operates seasonally, during a period (of not 12 longer than 6 months) before the pro- 13 vider’s last day of operation; and 14 (II) at minimum cover such operating 15 expenses for the intended length of the 16 subgrant; 17 (ii) account for increased costs of pro- 18 viding or preparing to provide child care as 19 a result of the qualifying emergency, such 20 as provider and employee compen [Text truncated for display. Full text available on Congress.gov.]