116TH CONGRESS 2D SESSION H. R. 7027

AN ACT Making additional supplemental appropriations for disaster

relief requirements for the fiscal year ending September

30, 2020, 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

The following sums in this Act are appropriated, out of 3

any money in the Treasury not otherwise 4

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appropriated, for the fiscal year ending September 30, 1

2020, and for other purposes, namely: 2

TITLE I—DEPARTMENT OF HEALTH AND 3

HUMAN SERVICES 4

ADMINISTRATION FOR CHILDREN AND FAMILIES 5

PAYMENTS TO STATES FOR THE CHILD CARE AND 6

DEVELOPMENT BLOCK GRANT 7

For an additional amount for ‘‘Payments to States 8

for the Child Care and Development Block Grant’’, 9

$50,000,000,000, to remain available until September 30, 10

2021, for necessary expenses to carry out the Child Care 11

Stabilization Fund grants program, as authorized by sec-12

tion 1 of this Act: Provided, That such funds shall be 13

available without regard to the requirements in subpara-14

graphs (C) through (E) of section 658E(c)(3) or section 15

658G of the Child Care and Development Block Grant 16

Act: Provided further, That funds appropriated under this 17

heading in this Act may be made available to restore 18

amounts, either directly or through reimbursement, for ob-19

ligations incurred prior to the date of enactment of this 20

Act for the purposes provided herein: Provided further, 21

That such amount is designated by the Congress as being 22

for an emergency requirement pursuant to section 23

251(b)(2)(A)(i) of the Balanced Budget and Emergency 24

Deficit Control Act of 1985 and shall be available only 25

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if the President subsequently so designates such amount 1

and transmits such designation to the Congress. 2

CHILD CARE STABILIZATION FUND 3

SEC. 1. (a) DEFINITIONS.—In this section: 4

(1) CCDBG TERMS.—The terms ‘‘eligible child 5

care provider’’, ‘‘Indian tribe’’, ‘‘lead agency’’, ‘‘trib-6

al organization’’, ‘‘Secretary’’, and ‘‘State’’ have the 7

meanings given the terms in section 658P of the 8

Child Care and Development Block Grant Act of 9

1990 (42 U.S.C. 9858n) except as otherwise pro-10

vided in this section. 11

(2) COVID–19 PUBLIC HEALTH EMERGENCY.— 12

The term ‘‘COVID–19 public health emergency’’ 13

means the public health emergency declared by the 14

Secretary of Health and Human Services under sec-15

tion 319 of the Public Health Service Act (42 16

U.S.C. 247d) on January 31, 2020, with respect to 17

COVID–19, including any renewal of the declara-18

tion. 19

(b) GRANTS.—From the amounts appropriated to 20

carry out this section and under the authority of section 21

658O of the Child Care and Development Block Grant Act 22

of 1990 (42 U.S.C. 9858m) and this section, the Secretary 23

shall award child care stabilization grants to the lead 24

agency of each State (as defined in that section 658O), 25

territory described in subsection (a)(1) of such section, In-26

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dian tribe, and tribal organization from allotments and 1

payments made under subsection (c)(2), not later than 30 2

days after the date of enactment of this Act. 3

(c) SECRETARIAL RESERVATION AND ALLOT-4

MENTS.— 5

(1) RESERVATION.—The Secretary shall reserve 6

not more than 1 percent of the funds appropriated 7

to carry out this section for the Federal administra-8

tion of grants described in subsection (b). 9

(2) ALLOTMENTS.—The Secretary shall use the 10

remainder of the funds appropriated to carry out 11

this section to award allotments to States, as defined 12

in section 658O of the Child Care Development 13

Block Grant Act of 1990 (42 U.S.C. 9858m), and 14

payments to territories, Indian tribes, and tribal or-15

ganizations in accordance with paragraphs (1) and 16

(2) of subsection (a), and subsection (b), of section 17

658O of the Child Care and Development Block 18

Grant Act of 1990 (42 U.S.C. 9858m). 19

(d) STATE RESERVATIONS AND SUBGRANTS.— 20

(1) RESERVATION.—A lead agency for a State 21

that receives a child care stabilization grant pursu-22

ant to subsection (b) shall reserve not more than 10 23

percent of such grant funds— 24

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(A) to administer subgrants made to quali-1

fied child care providers under paragraph (2), 2

including to carry out data systems building 3

and other activities that enable the disburse-4

ment of payments of such subgrants; 5

(B) to provide technical assistance and 6

support in applying for and accessing the 7

subgrant opportunity under paragraph (2), to 8

eligible child care providers (including to family 9

child care providers, group home child care pro-10

viders, and other non-center-based child care 11

providers and providers with limited administra-12

tive capacity), either directly or through re-13

source and referral agencies or staffed family 14

child care networks; 15

(C) to publicize the availability of sub-16

grants under this section and conduct wide-17

spread outreach to eligible child care providers, 18

including family child care providers, group 19

home child care providers, and other non-cen-20

ter-based child care providers and providers 21

with limited administrative capacity, either di-22

rectly or through resource and referral agencies 23

or staffed family child care networks, to ensure 24

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eligible child care providers are aware of the 1

subgrants available under this section; 2

(D) to carry out the reporting require-3

ments described in subsection (f); and 4

(E) to carry out activities to improve the 5

supply and quality of child care during and 6

after the COVID–19 public health emergency, 7

such as conducting community needs assess-8

ments, carrying out child care cost modeling, 9

making improvements to child care facilities, in-10

creasing access to licensure or participation in 11

the State’s tiered quality rating system, and 12

carrying out other activities described in section 13

658G(b) of the Child Care and Development 14

Block Grant Act of 1990 (42 U.S.C. 9858e(b)), 15

to the extent that the lead agency can carry out 16

activities described in this subparagraph with-17

out preventing the lead agency from fully con-18

ducting the activities described in subpara-19

graphs (A) through (D). 20

(2) SUBGRANTS TO QUALIFIED CHILD CARE 21

PROVIDERS.— 22

(A) IN GENERAL.—The lead agency shall 23

use the remainder of the grant funds awarded 24

pursuant to subsection (b) to make subgrants 25

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to qualified child care providers described in 1

subparagraph (B), to support the stability of 2

the child care sector during and after the 3

COVID–19 public health emergency. The lead 4

agency shall provide the subgrant funds in ad-5

vance of provider expenditures for costs de-6

scribed in subsection (e), except as provided in 7

subsection (e)(2). 8

(B) QUALIFIED CHILD CARE PROVIDER.— 9

To be qualified to receive a subgrant under this 10

paragraph, a provider shall be an eligible child 11

care provider that— 12

(i) was providing child care services 13

on or before March 1, 2020; and 14

(ii) on the date of submission of an 15

application for the subgrant, was either— 16

(I) open and available to provide 17

child care services; or 18

(II) closed due to the COVID–19 19

public health emergency. 20

(C) SUBGRANT AMOUNT.—The lead agency 21

shall make subgrants, from amounts awarded 22

pursuant to subsection (b), to qualified child 23

care providers, and the amount of such a 24

subgrant to such a provider shall— 25

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(i) be based on the provider’s stated 1

average operating expenses during the pe-2

riod (of not longer than 6 months) before 3

March 1, 2020, or before the provider’s 4

last day of operation for a provider that 5

operates seasonally, and at minimum cover 6

such operating expenses for the intended 7

length of the subgrant; 8

(ii) account for increased costs of pro-9

viding or preparing to provide child care as 10

a result of the COVID–19 public health 11

emergency, such as provider and employee 12

compensation and existing benefits (exist-13

ing as of March 1, 2020) and the imple-14

mentation of new practices related to sani-15

tization, group size limits, and social 16

distancing; 17

(iii) be adjusted for payments or reim-18

bursements made to an eligible child care 19

provider to carry out the Child Care and 20

Development Block Grant Act of 1990 (42 21

U.S.C. 9857 et seq.) or the Head Start 22

Act (42 U.S.C. 9831 et seq.); and 23

(iv) be adjusted for payments or reim-24

bursements made to an eligible child care 25

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provider through the Paycheck Protection 1

Program set forth in section 7(a)(36) of 2

the Small Business Act (15 U.S.C. 3

636(a)(36)), as added by section 1102 of 4

the Coronavirus Aid, Relief, and Economic 5

Security Act (Public Law 116–136). 6

(D) APPLICATION.— 7

(i) ELIGIBILITY.—To be eligible to re-8

ceive a subgrant under this paragraph, a 9

child care provider shall submit an applica-10

tion to a lead agency at such time and in 11

such manner as the lead agency may re-12

quire. Such application shall include— 13

(I) a good-faith certification that 14

the ongoing operations of the child 15

care provider have been impacted as a 16

result of the COVID–19 public health 17

emergency; 18

(II) for a provider described in 19

subparagraph (B)(ii)(I), an assurance 20

that, for the duration of the COVID– 21

19 public health emergency— 22

(aa) the provider will give 23

priority for available slots (in-24

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cluding slots that are only tempo-1

rarily available) to— 2

(AA) children of essen-3

tial workers (such as health 4

care sector employees, emer-5

gency responders, sanitation 6

workers, farmworkers, child 7

care employees, and other 8

workers determined to be es-9

sential during the response 10

to coronavirus by public offi-11

cials), children of workers 12

whose places of employment 13

require their attendance, 14

children experiencing home-15

lessness, children with dis-16

abilities, children at risk of 17

child abuse or neglect, and 18

children in foster care, in 19

States, tribal communities, 20

or localities where stay-at- 21

home or related orders are 22

in effect; or 23

(BB) children of work-24

ers whose places of employ-25

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ment require their attend-1

ance, children experiencing 2

homelessness, children with 3

disabilities, children at risk 4

of child abuse or neglect, 5

children in foster care, and 6

children whose parents are 7

in school or a training pro-8

gram, in States, tribal com-9

munities, or localities where 10

stay-at-home or related or-11

ders are not in effect; 12

(bb) the provider will imple-13

ment policies in line with guid-14

ance from the Centers for Dis-15

ease Control and Prevention and 16

the corresponding State, tribal, 17

and local authorities, and in ac-18

cordance with State, tribal, and 19

local orders, for child care pro-20

viders that remain open, includ-21

ing guidance on sanitization 22

practices, group size limits, and 23

social distancing; 24

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(cc) for each employee, the 1

provider will pay the full com-2

pensation described in subsection 3

(e)(1)(C), including any benefits, 4

that was provided to the em-5

ployee as of March 1, 2020 (re-6

ferred to in this clause as ‘‘full 7

compensation’’), and will not take 8

any action that reduces the week-9

ly amount of the employee’s com-10

pensation below the weekly 11

amount of full compensation, or 12

that reduces the employee’s rate 13

of compensation below the rate of 14

full compensation; and 15

(dd) the provider will pro-16

vide relief from copayments and 17

tuition payments for the families 18

enrolled in the provider’s pro-19

gram and prioritize such relief 20

for families struggling to make 21

either type of payments; 22

(III) for a provider described in 23

subparagraph (B)(ii)(II), an assur-24

ance that— 25

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(aa) for the duration of the 1

provider’s closure due to the 2

COVID–19 public health emer-3

gency, for each employee, the 4

provider will pay full compensa-5

tion, and will not take any action 6

that reduces the weekly amount 7

of the employee’s compensation 8

below the weekly amount of full 9

compensation, or that reduces 10

the employee’s rate of compensa-11

tion below the rate of full com-12

pensation; 13

(bb) children enrolled as of 14

March 1, 2020, will maintain 15

their slots, unless their families 16

choose to disenroll the children; 17

(cc) for the duration of the 18

provider’s closure due to the 19

COVID–19 public health emer-20

gency, the provider will provide 21

relief from copayments and tui-22

tion payments for the families 23

enrolled in the provider’s pro-24

gram and prioritize such relief 25

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for families struggling to make 1

either type of payments; and 2

(dd) the provider will re-3

sume operations when the pro-4

vider is able to safely implement 5

policies in line with guidance 6

from the Centers for Disease 7

Control and Prevention and the 8

corresponding State, tribal, and 9

local authorities, and in accord-10

ance with State, tribal, and local 11

orders; 12

(IV) information about the child 13

care provider’s— 14

(aa) program characteristics 15

sufficient to allow the lead agen-16

cy to establish the child care pro-17

vider’s priority status, as de-18

scribed in subparagraph (F); 19

(bb) program operational 20

status on the date of submission 21

of the application; 22

(cc) type of program, includ-23

ing whether the program is a 24

center-based child care, family 25

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child care, group home child care, 1

or other non-center-based child 2

care type program; 3

(dd) total enrollment on the 4

date of submission of the applica-5

tion and total capacity as allowed 6

by the State and tribal authori-7

ties; and 8

(ee) receipt of assistance, 9

and amount of assistance, 10

through a payment or reimburse-11

ment described in subparagraph 12

(C)(iv), and the time period for 13

which the assistance was made; 14

(V) information necessary to de-15

termine the amount of the subgrant, 16

such as information about the pro-17

vider’s stated average operating ex-18

penses over the appropriate period, 19

described in subparagraph (C)(i); and 20

(VI) such other limited informa-21

tion as the lead agency shall deter-22

mine to be necessary to make sub-23

grants to qualified child care pro-24

viders. 25

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(ii) FREQUENCY.—The lead agency 1

shall accept and process applications sub-2

mitted under this subparagraph on a roll-3

ing basis. 4

(iii) UPDATES.—The lead agency 5

shall— 6

(I) at least once a month, verify 7

by obtaining a self-attestation from 8

each qualified child care provider that 9

received such a subgrant from the 10

agency, whether the provider is open 11

and available to provide child care 12

services or is closed due to the 13

COVID–19 public health emergency; 14

(II) allow the qualified child care 15

provider to update the information 16

provided in a prior application; and 17

(III) adjust the qualified child 18

care provider’s subgrant award as 19

necessary, based on changes to the 20

application information, including 21

changes to the provider’s operational 22

status. 23

(iv) EXISTING APPLICATIONS.—If a 24

lead agency has established and imple-25

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mented a grant program for child care pro-1

viders that is in effect on the date of en-2

actment of this Act, and an eligible child 3

care provider has already submitted an ap-4

plication for such a grant to the lead agen-5

cy containing the information specified in 6

clause (i), the lead agency shall treat that 7

application as an application submitted 8

under this subparagraph. If an eligible 9

child care provider has already submitted 10

such an application containing part of the 11

information specified in clause (i), the pro-12

vider may submit to the lead agency an ab-13

breviated application that contains the re-14

maining information, and the lead agency 15

shall treat the 2 applications as an applica-16

tion submitted under this subparagraph. 17

(E) MATERIALS.— 18

(i) IN GENERAL.—The lead agency 19

shall provide the materials and other re-20

sources related to such subgrants, includ-21

ing a notification of subgrant opportunities 22

and application materials, to qualified child 23

care providers in the most commonly spo-24

ken languages in the State. 25

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(ii) APPLICATION.—The application 1

shall be accessible on the website of the 2

lead agency within 30 days after the lead 3

agency receives grant funds awarded pur-4

suant to subsection (b) and shall be acces-5

sible to all eligible child care providers, in-6

cluding family child care providers, group 7

home child care providers, and other non- 8

center-based child care providers and pro-9

viders with limited administrative capacity. 10

(F) PRIORITY.—In making subgrants 11

under this section, the lead agency shall give 12

priority to qualified child care providers that, 13

prior to or on March 1, 2020— 14

(i) provided child care during non-15

traditional hours; 16

(ii) served dual language learners, 17

children with disabilities, children experi-18

encing homelessness, children in foster 19

care, children from low-income families, or 20

infants and toddlers; 21

(iii) served a high proportion of chil-22

dren whose families received subsidies 23

under the Child Care and Development 24

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Block Grant Act of 1990 (42 U.S.C. 9857 1

et seq.) for the child care; or 2

(iv) operated in communities, includ-3

ing rural communities, with a low supply 4

of child care. 5

(G) PROVIDERS RECEIVING OTHER ASSIST-6

ANCE.—The lead agency, in determining wheth-7

er a provider is a qualified child care provider, 8

shall not take into consideration receipt of a 9

payment or reimbursement described in sub-10

paragraph (C)(iii) or subparagraph (C)(iv). 11

(H) AWARDS.—The lead agency shall equi-12

tably make subgrants under this paragraph to 13

center-based child care providers, family child 14

care providers, group home child care providers, 15

and other non-center-based child care providers, 16

such that qualified child care providers are able 17

to access the subgrant opportunity under this 18

paragraph regardless of the providers’ setting, 19

size, or administrative capacity. 20

(I) OBLIGATION.—The lead agency shall 21

obligate at least 50 percent of funds available 22

to carry out this section for subgrants described 23

in this paragraph, by December 31, 2020. 24

(e) USES OF FUNDS.— 25

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(1) IN GENERAL.—A qualified child care pro-1

vider that receives funds through such a subgrant 2

may use the funds for the costs of— 3

(A) payroll; 4

(B) employee benefits, including group 5

health plan benefits during periods of paid sick, 6

medical, or family leave, and insurance pre-7

miums; 8

(C) employee salaries or similar compensa-9

tion, including any income or other compensa-10

tion to a sole proprietor or independent con-11

tractor that is a wage, commission, income, net 12

earnings from self-employment, or similar com-13

pensation; 14

(D) payment on any mortgage obligation; 15

(E) rent (including rent under a lease 16

agreement); 17

(F) utilities; 18

(G) insurance; 19

(H) providing premium pay for child care 20

providers and other employees who provide 21

services during the COVID–19 public health 22

emergency; 23

(I) sanitization and other costs associated 24

with cleaning; 25

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(J) personal protective equipment and 1

other equipment necessary to carry out the 2

functions of the child care provider; 3

(K) training and professional development 4

related to health and safety practices, including 5

the proper implementation of policies in line 6

with guidance from the Centers for Disease 7

Control and Prevention and the corresponding 8

State, tribal, and local authorities, and in ac-9

cordance with State, tribal, and local orders; 10

(L) modifications to child care services as 11

a result of the COVID–19 public health emer-12

gency, such as limiting group sizes, adjusting 13

staff-to-child ratios, and implementing other 14

heightened health and safety measures; 15

(M) mental health supports for children 16

and employees; and 17

(N) other goods and services necessary to 18

maintain or resume operation of the child care 19

program, or to maintain the viability of the 20

child care provider as a going concern during 21

and after the COVID–19 public health emer-22

gency. 23

(2) REIMBURSEMENT.—The qualified child care 24

provider may use the subgrant funds to reimburse 25

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the provider for sums obligated or expended before 1

the date of enactment of this Act for the cost of a 2

good or service described in paragraph (1) to re-3

spond to the COVID–19 public health emergency. 4

(f) REPORTING.— 5

(1) INITIAL REPORT.—A lead agency receiving 6

a grant under this section shall, within 60 days after 7

making the agency’s first subgrant under subsection 8

(d)(2) to a qualified child care provider, submit a re-9

port to the Secretary that includes— 10

(A) data on qualified child care providers 11

that applied for subgrants and qualified child 12

care providers that received such subgrants, in-13

cluding— 14

(i) the number of such applicants and 15

the number of such recipients; 16

(ii) the number and proportion of 17

such applicants and recipients that re-18

ceived priority and the characteristic or 19

characteristics of such applicants and re-20

cipients associated with the priority; 21

(iii) the number and proportion of 22

such applicants and recipients that are— 23

(I) center-based child care pro-24

viders; 25

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(II) family child care providers; 1

(III) group home child care pro-2

viders; or 3

(IV) other non-center-based child 4

care providers; and 5

(iv) within each of the groups listed in 6

clause (iii), the number of such applicants 7

and recipients that are, on the date of sub-8

mission of the application— 9

(I) open and available to provide 10

child care services; or 11

(II) closed due to the COVID–19 12

public health emergency; 13

(B) the total capacity of child care pro-14

viders that are licensed, regulated, or registered 15

in the State on the date of the submission of 16

the report; 17

(C) a description of— 18

(i) the efforts of the lead agency to 19

publicize the availability of subgrants 20

under this section and conduct widespread 21

outreach to eligible child care providers 22

about such subgrants, including efforts to 23

make materials available in languages 24

other than English; 25

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(ii) the lead agency’s methodology for 1

determining amounts of subgrants under 2

subsection (d)(2); 3

(iii) the lead agency’s timeline for dis-4

bursing the subgrant funds; and 5

(iv) the lead agency’s plan for ensur-6

ing that qualified child care providers that 7

receive funding through such a subgrant 8

comply with assurances described in sub-9

section (d)(2)(D) and use funds in compli-10

ance with subsection (e); and 11

(D) such other limited information as the 12

Secretary may require. 13

(2) QUARTERLY REPORT.—The lead agency 14

shall, following the submission of such initial report, 15

submit to the Secretary a report that contains the 16

information described in subparagraphs (A), (B), 17

and (D) of paragraph (1) once a quarter until all 18

funds allotted for activities authorized under this 19

section are expended. 20

(3) FINAL REPORT.—Not later than 60 days 21

after a lead agency receiving a grant under this sec-22

tion has obligated all of the grant funds (including 23

funds received under subsection (h)), the lead agen-24

cy shall submit a report to the Secretary, in such 25

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manner as the Secretary may require, that in-1

cludes— 2

(A) the total number of eligible child care 3

providers who were providing child care services 4

on or before March 1, 2020, in the State and 5

the number of such providers that submitted an 6

application under subsection (d)(2)(D); 7

(B) the number of qualified child care pro-8

viders in the State that received funds through 9

the grant; 10

(C) the lead agency’s methodology for de-11

termining amounts of subgrants under sub-12

section (d)(2); 13

(D) the average and range of the subgrant 14

amounts by provider type (center-based child 15

care, family child care, group home child care, 16

or other non-center-based child care provider); 17

(E) the percentages of the child care pro-18

viders that received such a subgrant, that, on or 19

before March 1, 2020— 20

(i) provided child care during non-21

traditional hours; 22

(ii) served dual language learners, 23

children with disabilities, children experi-24

encing homelessness, children in foster 25

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care, children from low-income families, or 1

infants and toddlers; 2

(iii) served a high proportion of chil-3

dren whose families received subsidies 4

under the Child Care and Development 5

Block Grant Act of 1990 (42 U.S.C. 9857 6

et seq.) for the child care; and 7

(iv) operated in communities, includ-8

ing rural communities, with a low supply 9

of child care; 10

(F) the number of children served by the 11

child care providers that received such a 12

subgrant, for the duration of the subgrant; 13

(G) the percentages, of the child care pro-14

viders that received such a subgrant, that are— 15

(i) center-based child care providers; 16

(ii) family child care providers; 17

(iii) group home child care providers; 18

or 19

(iv) other non-center-based child care 20

providers; 21

(H) the percentages, of the child care pro-22

viders listed in subparagraph (G) that are, on 23

the date of submission of the application— 24

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(i) open and available to provide child 1

care services; or 2

(ii) closed due to the COVID–19 pub-3

lic health emergency; 4

(I) information about how child care pro-5

viders used the funds received under such a 6

subgrant; 7

(J) information about how the lead agency 8

used funds reserved under subsection (d)(1); 9

and 10

(K) information about how the subgrants 11

helped to stabilize the child care sector. 12

(4) REPORTS TO CONGRESS.— 13

(A) FINDINGS FROM INITIAL REPORTS.— 14

Not later than 60 days after receiving all re-15

ports required to be submitted under paragraph 16

(1), the Secretary shall provide a report to the 17

Committee on Education and Labor of the 18

House of Representatives, to the Committee on 19

Health, Education, Labor and Pensions of the 20

Senate, and to the Committees on Appropria-21

tions of the House of Representatives and the 22

Senate, summarizing the findings from the re-23

ports received under paragraph (1). 24

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(B) FINDINGS FROM FINAL REPORTS.— 1

Not later than 36 months after the date of en-2

actment of this Act, the Secretary shall provide 3

a report to the Committee on Education and 4

Labor of the House of Representatives, to the 5

Committee on Health, Education, Labor and 6

Pensions of the Senate, and to the Committees 7

on Appropriations of the House of Representa-8

tives and the Senate, summarizing the findings 9

from the reports received under paragraph (3). 10

(g) SUPPLEMENT NOT SUPPLANT.—Amounts made 11

available to carry out this section shall be used to supple-12

ment and not supplant other Federal, State, and local 13

public funds expended to provide child care services for 14

eligible individuals, including funds provided under the 15

Child Care and Development Block Grant Act of 1990 (42 16

U.S.C. 9857 et seq.) and State child care programs. 17

(h) REALLOTMENT OF UNOBLIGATED FUNDS.— 18

(1) UNOBLIGATED FUNDS.—A State, Indian 19

tribe, or tribal organization shall return to the Sec-20

retary any grant funds received under this section 21

that the State, Indian tribe, or tribal organization 22

does not obligate by September 30, 2021. 23

(2) REALLOTMENT.—The Secretary shall award 24

new allotments and payments, in accordance with 25

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•HR 7027 EH

subsection (c)(2), to covered States, Indian tribes, or 1

tribal organizations from funds that are returned 2

under paragraph (1) within 60 days of receiving 3

such funds. Funds made available through the new 4

allotments and payments shall remain available to 5

each covered State, Indian tribe, or tribal organiza-6

tion until September 30, 2022. 7

(3) COVERED STATE, INDIAN TRIBE, OR TRIBAL 8

ORGANIZATION.—For purposes of paragraph (2), a 9

covered State, Indian tribe, or tribal organization is 10

a State, Indian tribe, or tribal organization that re-11

ceived an allotment or payment under this section 12

and was not required to return grant funds under 13

paragraph (1). 14

(i) EXCEPTIONS.—The Child Care and Development 15

Block Grant Act of 1990 (42 U.S.C. 9857 et seq.), exclud-16

ing requirements in subparagraphs (C) through (E) of sec-17

tion 658E(c)(3), section 658G, and section 658J(c) of 18

such Act (42 U.S.C. 9858c(c)(3), 9858e, 9858h(c)), shall 19

apply to child care services provided under this section to 20

the extent the application of such Act does not conflict 21

with the provisions of this section. Nothing in this Act 22

shall be construed to require a State, Indian tribe, or trib-23

al organization to submit an application, other than the 24

application described in section 658E or 658O(c) of the 25

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•HR 7027 EH

Child Care and Development Block Grant Act of 1990 (42 1

U.S.C. 9858c, 9858m(c)), to receive a grant under this 2

Act. 3

(j) AUTHORIZATION OF APPROPRIATION.— 4

(1) IN GENERAL.—There is authorized to be 5

appropriated to carry out this Act $50,000,000,000 6

for fiscal year 2020. 7

(2) APPLICATION.—In carrying out the Child 8

Care and Development Block Grant Act of 1990 9

with funds other than the funds appropriated under 10

paragraph (1), the Secretary shall calculate the 11

amounts of appropriated funds described in sub-12

sections (a) and (b) of section 658O of such Act (42 13

U.S.C. 9858m) by excluding funds appropriated 14

under paragraph (1). 15

SEC. 2. Each amount appropriated or made available 16

by this Act is in addition to any amounts otherwise appro-17

priated for the fiscal year involved. 18

SEC. 3. Unless otherwise provided for by this Act, 19

the additional amounts appropriated by this Act to appro-20

priations accounts shall be available under the authorities 21

and conditions applicable to such appropriations accounts 22

for fiscal year 2020. 23

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•HR 7027 EH

This Act may be cited as the ‘‘Child Care Is Essential 1

Act’’. 2

Passed the House of Representatives July 29, 2020.

Attest:

Clerk.

11

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