[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3489 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3489

  To support children and students in responding to safety and health 
   risks presented by qualifying emergencies, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 12, 2020

Mrs. Murray (for herself, Mrs. Gillibrand, and Mr. Schumer) introduced 
the following bill; which was read twice and referred to the Committee 
               on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To support children and students in responding to safety and health 
   risks presented by qualifying emergencies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Supporting Students in Response to 
Coronavirus Act''.

SEC. 2. EDUCATION PREPAREDNESS AND SUPPORT GRANTS.

    (a) Definitions.--In this section:
            (1) Child with a disability.--The term ``child with a 
        disability'' has the meaning given the term in section 602 of 
        the Individuals with Disabilities Education Act (20 U.S.C. 
        1401).
            (2) Disability.--The term ``disability'' has the meaning 
        given the term in section 3 of the Americans with Disabilities 
        Act of 1990 (42 U.S.C. 12102).
            (3) Elementary school.--The term ``elementary school'' has 
        the meaning given the term in section 8101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (4) Eligible entity.--The term ``eligible entity'' means--
                    (A) a Bureau of Indian Education school;
                    (B) a local educational agency, as defined in 
                section 8101 of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 7801); or
                    (C) an institution of higher education, as defined 
                by the Secretary in accordance with the definitions of 
                the term under title I of the Higher Education Act of 
                1965 (20 U.S.C. 1001 et seq.).
            (5) Low-income child or student.--The term ``low-income 
        child or student'' means--
                    (A) a child described under section 1124(c) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6333(c)); or
                    (B) a student who is eligible for a Federal Pell 
                Grant under subpart 1 of part A of title IV (20 U.S.C. 
                1070a).
            (6) Non-public school.--The term ``non-public school'' 
        means a non-public elementary school or secondary school that--
                    (A) is accredited, licensed, or otherwise operates 
                in accordance with State law; and
                    (B) was in existence prior to the date of the 
                qualifying emergency for which grants are awarded under 
                this section.
            (7) Qualifying emergency.--The term ``qualifying 
        emergency'' means--
                    (A) a public health emergency declared by the 
                Secretary of Health and Human Services pursuant to 
                section 319 of the Public Health Service Act (42 U.S.C. 
                247d);
                    (B) an emergency for which a Governor of a State or 
                territory has declared a state of emergency;
                    (C) an event for which the President declared a 
                major disaster or an emergency under section 401 or 
                501, respectively, of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5170 and 
                5191); or
                    (D) a national emergency declared by the President 
                under section 201 of the National Emergencies Act (50 
                U.S.C. 1621).
            (8) Public school.--The term ``public school'' means a 
        public elementary school or secondary school.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (10) Secondary school.--The term ``secondary school'' has 
        the meaning given the term in section 8101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (11) State.--The term ``State'' has the meaning given the 
        term in section 8101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
            (12) State educational agency.--The term ``State 
        educational agency'' has the meaning given the term in section 
        8101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).
    (b) Authorization of Grants.--
            (1) In general.--From amounts appropriated to carry out 
        this section and not reserved under paragraph (3), the 
        Secretary is authorized to award grants, on a competitive 
        basis, 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 emergencies.
            (2) Grant period.--Grant funds awarded under this section 
        shall be expended not later than 2 years after the date on 
        which such funds are awarded.
            (3) Technical assistance.--The Secretary shall reserve not 
        less than 0.5 percent and not more than 1 percent of amounts 
        appropriated to carry out this section to enable the Department 
        of Education--
                    (A) to provide technical assistance to eligible 
                entities that request technical assistance; and
                    (B) to coordinate technical assistance that is 
                provided by State, local, tribal, and territorial 
                public health departments and other relevant agencies.
            (4) Notice.--The Secretary shall issue a notice inviting 
        applications for grants under this section not later than 30 
        days after the date of enactment of this Act.
            (5) Receipt of applications.--The Secretary shall accept 
        applications from States and the Bureau of Indian Education 
        under this section on a rolling basis.
            (6) Response.--The Secretary shall approve or deny 
        applications from States and the Bureau of Indian Education 
        under subsection (c) not later than 30 days after the date of 
        the submission of the application.
    (c) Application Requirements for States and BIE.--
            (1) In general.--A State or the Bureau of Indian Education 
        shall submit an application to the Secretary at such time, in 
        such manner, and including such information as the Secretary 
        may reasonably require. 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 entities, including--
                    (A) a demonstration of the need for funds;
                    (B) a description of how the State will coordinate 
                with--
                            (i) the State educational agency; and
                            (ii) if applicable, the State agency with 
                        jurisdiction over public higher education in 
                        the State;
                    (C) a description of how the State or Bureau of 
                Indian Education will make eligible entities aware of 
                available funds;
                    (D) a description of the criteria the State or 
                Bureau of Indian Education will use to award the 
                subgrants; and
                    (E) a description of how the subgrant funds will be 
                allocated.
            (2) Lead applicant.--In the case of a State that is 
        applying for a grant under this section, the Governor shall be 
        the lead applicant.
    (d) Use of Funds; Subgrants.--
            (1) In general.--A State or the Bureau of Indian Education 
        receiving a grant under this section shall--
                    (A) reserve 5 percent of grant funds to provide 
                technical assistance, including providing technical 
                assistance to eligible entities with limited 
                administrative capacity, and carry out the reporting 
                requirements described in subsection (h); and
                    (B) use 95 percent of grant funds to award 
                subgrants, on a competitive basis, to eligible entities 
                or consortia of eligible entities.
            (2) Application.--An eligible entity desiring to receive a 
        subgrant under this section shall submit to the State, or the 
        Bureau of Indian Education, as applicable, an application 
        containing--
                    (A) a description of the need for funds;
                    (B) a description of how the eligible entity will 
                use the funds, including by providing a budget;
                    (C) a description of how the eligible entity will 
                address the unique needs of low-income children or 
                students, children with disabilities and students with 
                disabilities, English learners, racial and ethnic 
                minorities, students experiencing homelessness, and 
                children in foster care;
                    (D) in the case of an eligible entity that is a 
                local educational agency, an assurance that the local 
                educational agency--
                            (i) has taken the needs of public schools 
                        and non-public schools into account prior to 
                        the application for funds;
                            (ii) will notify all public schools and 
                        non-public schools in its boundaries of the 
                        receipt of grant funds under this section; and
                            (iii) based on the severity of impact and 
                        demonstrated need, will address the needs of 
                        public schools and non-public schools in its 
                        boundaries; and
                    (E) any other requirements established by the 
                Governor.
            (3) Priority.--In awarding subgrants under this section a 
        grantee shall prioritize the following eligible entities:
                    (A) Eligible entities with respect to which a 
                significant percentage of the population served by the 
                eligible entity is impacted by a qualifying emergency.
                    (B) Eligible entities serving a high percentage of 
                low-income children or students.
    (e) 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 activities:
            (1) Coordination of preparedness and response efforts of 
        eligible entities with State, local, tribal, and territorial 
        public health departments, and other relevant agencies, to 
        improve coordinated responses to qualifying emergencies among 
        such entities.
            (2) Activities coordinated with State, local, tribal, and 
        territorial public health departments to detect, prevent, or 
        mitigate the spread of infectious disease or otherwise respond 
        to a qualifying emergency.
            (3) Developing and implementing procedures and systems to 
        improve the preparedness and response efforts of eligible 
        entities.
            (4) Providing mental health services and supports, 
        including--
                    (A) counseling, for students and staff of the 
                eligible entity; and
                    (B) mental health crisis response and intervention 
                services for students and staff of the eligible entity 
                affected by a qualifying emergency.
            (5) Training and professional development for staff of the 
        eligible entity on sanitation and minimizing the spread of 
        infectious diseases.
            (6) Purchasing supplies to sanitize and clean the 
        facilities of an eligible entity, including buildings operated 
        by local educational agencies or institutions of higher 
        education.
            (7) 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 schools, 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 
        development. 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 hazard, such amounts may be utilized for hiring 
        outside experts to mitigate and minimize spread of infectious 
        disease in such facilities.
            (8) Planning for long-term closures, including planning for 
        how to provide meals to eligible students, how to provide 
        technology for virtual instruction to all students, how to 
        provide guidance for carrying out requirements under the 
        Individuals with Disabilities Education Act (20 U.S.C. 1401 et 
        seq.), and how to ensure other educational services can 
        continue to be provided consistent with all Federal, State, and 
        local requirements.
            (9) Purchasing educational technology for students who are 
        served by the eligible entity, including low-income students 
        and students with disabilities, which may include assistive 
        technology or adaptive equipment.
            (10) Other activities that are necessary to maintain the 
        operation of and continuity of services in local educational 
        agencies or institutions of higher education, such as providing 
        information to parents on efforts to prevent and respond to a 
        qualifying emergency.
            (11) 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 emergency, provided that the eligible 
        entity carries out and agrees to all of the following:
                    (A) The eligible entity compensates any such 
                temporary employees at a minimum amount of the greater 
                of--
                            (i) the regular rate of pay of the employee 
                        who is unable to work by reason of the 
                        qualifying emergency;
                            (ii) the minimum wage provided by section 
                        6(a)(1) of the Fair Labor Standards Act of 1938 
                        (29 U.S.C. 206(a)(1)); or
                            (iii) the minimum wage amount provided for 
                        by the State or locality in which the employee 
                        is employed.
                    (B) 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--
                            (i) the regular rate of pay of the employee 
                        who is unable to work because of the qualifying 
                        emergency;
                            (ii) the minimum wage provided by section 
                        6(a)(1) of the Fair Labor Standards Act of 1938 
                        (29 U.S.C. 206(a)(1)); or
                            (iii) the minimum wage amount provided for 
                        by the State or locality in which the employee 
                        is employed.
                    (C) An employee who was unable to work by reason of 
                the qualifying emergency shall not be denied initial 
                employment, reemployment, retention in employment, 
                promotion, or any benefit of employment by an entity on 
                the basis of the employee's previous absence by reason 
                of the qualifying emergency event.
                    (D) 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 employed.
                    (E) In any case in which an employee who is unable 
                to work by reason of the qualifying emergency (or the 
                employee's dependents) is enrolled in a group health 
                plan (as defined in section 733 of the Employee 
                Retirement Income Security Act of 1974), including 
                group health insurance coverage (as defined in such 
                section 733) offered in connection with such a plan, 
                and such person is absent from such position of 
                employment by reason of the qualifying emergency, or 
                such person becomes eligible for medical and dental 
                care under chapter 55 of title 10 by reason of 
                subsection (d) of section 1074 of that title, 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 emergency. 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 
                emergency.
                    (F) The eligible entity may not discriminate in 
                employment against or take any adverse employment 
                action against any person because such person--
                            (i) has taken an action to enforce a 
                        protection afforded any person under this 
                        paragraph;
                            (ii) has testified or otherwise made a 
                        statement in or in connection with any 
                        proceeding to enforce a protection under this 
                        paragraph;
                            (iii) has assisted or otherwise 
                        participated in an investigation to enforce a 
                        protection under this paragraph; or
                            (iv) has exercised a right provided for in 
                        this paragraph.
                    (G) An eligible entity shall be considered to have 
                engaged in actions prohibited under this paragraph--
                            (i) if the employee's inability to work 
                        during the qualifying emergency is a motivating 
                        factor in the eligible entity's action, unless 
                        the program or agency can prove that the action 
                        would have been taken in the absence of the 
                        employee's inability to work; or
                            (ii) if the employee's--
                                    (I) action to enforce a protection 
                                afforded any person under this 
                                paragraph;
                                    (II) testimony or making of a 
                                statement in or in connection with any 
                                proceeding to enforce a protection 
                                under this paragraph;
                                    (III) assistance or other 
                                participation in an investigation to 
                                enforce a protection under this 
                                paragraph; or
                                    (IV) exercise of a right provided 
                                for in this paragraph,
                        is a motivating factor in the eligible entity's 
                        action, unless the program or agency can prove 
                        that the action would have been taken in the 
                        absence of such person's enforcement action, 
                        testimony, statement, assistance, 
                        participation, or exercise of a right.
                    (H) 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 representative.
    (f) Collective-Bargaining.--
            (1) Rule of construction.--Nothing in subsection (e) shall 
        be construed to displace any otherwise applicable provision of 
        any collective-bargaining agreement between the eligible entity 
        and a labor organization, as defined by section 2(5) of the 
        National Labor Relations Act (29 U.S.C. 152(5)) or analogous 
        State law, representing its employees or to otherwise relieve 
        the eligible entity of its duty to bargain with any such labor 
        organization.
            (2) Maintenance of wages, benefits, terms, and 
        conditions.--Any eligible entity receiving funds under this 
        section shall maintain the wages, benefits, and other terms and 
        conditions of employment set forth in any collective-bargaining 
        agreement between the eligible entity and a labor organization, 
        as defined in paragraph (1), 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 Secretary, but not less than 6 months after 
        the declaration of the termination of the qualifying emergency.
    (g) Public Control of Funds.--For an eligible entity that is a 
local educational agency--
            (1) the control of funds for the services and assistance 
        provided to a non-public school under this section, and title 
        to materials, equipment, and property purchased with such 
        funds, shall be in a public agency, and a public agency shall 
        administer such funds, materials, equipment, and property and 
        shall provide such services (or may contract for the provision 
        of such services with a public or private entity); and
            (2) when carrying out subsection (e), the local educational 
        agency may serve non-public schools based on demonstrated need 
        and impact.
    (h) Reporting.--
            (1) Report to the secretary.--At the end of the grant 
        period, a grantee shall prepare and submit to the Secretary a 
        report containing the following information:
                    (A) The number of subgrants awarded, disaggregated 
                by the type of eligible entity.
                    (B) A list of subgrantees.
                    (C) The average subgrant award amount.
                    (D) The number of subgrant applicants.
                    (E) A summary of the activities that eligible 
                entities carried out using subgrant funds.
            (2) Eligible entities report to the state or bie.--Not 
        later than 180 days after receiving a subgrant under this 
        section, and every 180 days thereafter, an eligible entity 
        shall prepare and submit to the State or Bureau of Indian 
        Education, as applicable, a report containing the following 
        information:
                    (A) A summary of the activities that the eligible 
                entity carried out using subgrant funds.
                    (B) The number of children or students who were 
                served by such activities, if applicable.
    (i) Authorization of Mandatory Funding.--There are authorized to be 
appropriated, and there are appropriated, from amounts in the Treasury 
not already appropriated, to carry out this section $600,000,000 for 
fiscal years 2020 and 2021 (in addition to any other amounts 
appropriated to carry out this section).

SEC. 3. PREPAREDNESS AND SUPPORT GRANTS FOR EARLY CARE AND EDUCATION 
              PROGRAMS AND HEAD START AGENCIES.

    (a) Definitions.--In this section:
            (1) Child with a disability.--The term ``child with a 
        disability'' has the meaning given the term in section 602 of 
        the Individuals with Disabilities Education Act (20 U.S.C. 
        1401).
            (2) Eligible early care and education program.--The term 
        ``eligible early care and education program'' means--
                    (A) an eligible child care provider, as defined in 
                section 658P of the Child Care and Development Block 
                Grant Act of 1990 (42 U.S.C. 9858n);
                    (B) a State prekindergarten program; or
                    (C) a group of entities described in subparagraph 
                (A) or (B).
            (3) Head start agency.--The term ``Head Start agency'' 
        means a Head Start agency, including an Early Head Start 
        agency, designated under section 641 of the Head Start Act (42 
        U.S.C. 9836).
            (4) Lead agency.--The term ``lead agency'' means a lead 
        agency under the Child Care and Development Block Grant Act of 
        1990 (42 U.S.C. 9858).
            (5) Low-income child.--The term ``low-income child'' means 
        an eligible child as defined in section 658P of the Child Care 
        and Development Block Grant Act of 1990 (42 U.S.C. 9858n).
            (6) Qualifying emergency.--The term ``qualifying 
        emergency'' means--
                    (A) a public health emergency declared by the 
                Secretary of Health and Human Services pursuant to 
                section 319 of the Public Health Service Act (42 U.S.C. 
                247d);
                    (B) an emergency for which a Governor of a State or 
                territory has declared a state of emergency;
                    (C) an event for which the President declared a 
                major disaster or an emergency under section 401 or 
                501, respectively, of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5170 and 
                5191); or
                    (D) a national emergency declared by the President 
                under section 201 of the National Emergencies Act (50 
                U.S.C. 1621).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
    (b) Authorization of Grants for Early Care and Education Programs 
and Head Start Agencies.--
            (1) In general.--From amounts appropriated to carry out 
        this section and not reserved under paragraph (3) or (4), the 
        Secretary is authorized to award grants, on a competitive 
        basis, to the lead agency to enable the lead agency to respond 
        to safety and health risks presented by qualifying emergencies.
            (2) Grant period.--Grant funds awarded under this section 
        shall be expended not later than 2 years after the date on 
        which such funds are awarded.
            (3) Reservation.--The Secretary shall reserve 10 percent of 
        the amounts appropriated to carry out this section to award 
        competitive grants to Head Start agencies.
            (4) Technical assistance.--The Secretary shall reserve 0.5 
        percent of the amounts appropriated to carry out this section 
        to enable the Department of Health and Human Services--
                    (A) to provide technical assistance to eligible 
                early care and education programs that request 
                technical assistance; and
                    (B) to coordinate technical assistance that is 
                provided by State, local, tribal, and territorial 
                public health departments and other relevant agencies.
            (5) Notice.--The Secretary shall issue a notice inviting 
        applications for grants under this section not later than 30 
        days after the date of enactment of this Act.
            (6) Receipt of applications.--The Secretary shall accept 
        applications from lead agencies and Head Start agencies under 
        this section on a rolling basis.
            (7) Response.--The Secretary shall approve or deny 
        applications from lead agencies and Head Start agencies under 
        subsection (c) not later than 30 days after the date of the 
        submission of the application.
    (c) Application Requirements.--
            (1) In general.--A lead agency shall submit an application 
        to the Secretary at such time, in such manner, and including 
        such information as the Secretary may reasonably require. 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 programs, 
        including--
                    (A) a demonstration of the need for funds;
                    (B) a description of how the lead agency will make 
                eligible early care and education programs aware of 
                available funds;
                    (C) a description of the criteria the lead agency 
                will use to award the subgrants;
                    (D) a description of how the subgrant funds will be 
                allocated; and
                    (E) an assurance that the lead agency will, for the 
                duration of the qualifying emergency, 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 emergency.
            (2) Head start agencies.--A Head Start agency desiring a 
        grant under this section to carry out the activities described 
        in subsection (e) with respect to Head Start programs shall 
        submit an application to the Secretary at such time, in such 
        manner, and including such information as the Secretary may 
        reasonably require, including--
                    (A) a description of the need for funds;
                    (B) a description of how the Head Start agency will 
                use the funds, including by providing a budget;
                    (C) a description of how the Head Start agency will 
                address the unique needs of low-income children, 
                children with disabilities, English learners, racial 
                and ethnic minorities, and children experiencing 
                homelessness; and
                    (D) any other requirements established by the 
                Secretary.
    (d) Uses of Grant Funds by Lead Agency.--
            (1) In general.--The lead agency shall--
                    (A) reserve 5 percent of grant funds to provide 
                technical assistance, including providing technical 
                assistance to eligible early care and education 
                programs with limited administrative capacity, and 
                carry out the reporting requirements described in 
                subsection (f); and
                    (B) use 95 percent of grant funds to award 
                subgrants, on a competitive basis, to eligible early 
                care and education programs.
            (2) 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--
                    (A) a description of the need for funds;
                    (B) a description of how the eligible early care 
                and education program will use the funds, including by 
                providing a budget;
                    (C) a description of how the eligible early care 
                and education program will address the unique needs of 
                low-income children, children with disabilities, 
                English learners, racial and ethnic minorities, and 
                children experiencing homelessness; and
                    (D) any other requirements established by the lead 
                agency.
            (3) Priority.--In awarding subgrants under this section, 
        the lead agency shall prioritize the following eligible early 
        care and education programs:
                    (A) 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 
                emergency.
                    (B) 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 1990 (42 
                U.S.C. 9858 et seq.).
    (e) 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 program, 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 programs:
            (1) Coordination of preparedness and response efforts of 
        eligible early care and education programs or Head Start 
        programs with State, local, tribal, and territorial public 
        health departments, and other relevant agencies, to improve 
        coordinated responses to qualifying emergencies among such 
        entities.
            (2) Activities to detect, prevent, 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 State, local, tribal, or territorial public 
        health department.
            (3) Developing and implementing procedures and systems to 
        improve the preparedness and response efforts of eligible early 
        care and education programs or Head Start programs.
            (4) Providing mental health services and supports, 
        including--
                    (A) counseling for children and staff of the 
                eligible early care and education program or Head Start 
                program; and
                    (B) 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 emergency.
            (5) Training and professional development for staff of the 
        eligible early care and education program or Head Start program 
        on sanitation, and minimizing the spread of infectious 
        diseases.
            (6) Purchasing supplies to sanitize and clean the 
        facilities of an eligible early care and education program or 
        Head Start program, or hiring outside experts to mitigate and 
        minimize spread of infectious disease in such facilities.
            (7) Other costs that are necessary to maintain the 
        operation of eligible early care and education programs or Head 
        Start programs, such as substitute staff or other emergency 
        assistance.
            (8) 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 emergency, provided that the eligible 
        entity carries out and agrees to all of the following:
                    (A) The eligible early care and education program 
                or Head Start agency compensates any such temporary 
                employees at a minimum amount of the greater of--
                            (i) the regular rate of pay of the employee 
                        who is unable to work by reason of the 
                        qualifying emergency;
                            (ii) the minimum wage provided by section 
                        6(a)(1) of the Fair Labor Standards Act of 1938 
                        (29 U.S.C. 206(a)(1)); or
                            (iii) the minimum wage amount provided for 
                        by the State or locality in which the employee 
                        is employed.
                    (B) 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--
                            (i) the regular rate of pay of the employee 
                        who is unable to work because of the qualifying 
                        emergency;
                            (ii) the minimum wage provided by section 
                        6(a)(1) of the Fair Labor Standards Act of 1938 
                        (29 U.S.C. 206(a)(1)); or
                            (iii) the minimum wage amount provided for 
                        by the State or locality in which the employee 
                        is employed.
                    (C) An employee who was unable to work by reason of 
                the qualifying emergency shall not be denied initial 
                employment, reemployment, retention in employment, 
                promotion, 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 event.
                    (D) 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 employed.
                    (E) In any case in which an employee who is unable 
                to work by reason of the qualifying emergency (or the 
                employee's dependents) is enrolled in a group health 
                plan (as defined in section 733 of the Employee 
                Retirement Income Security Act of 1974), including 
                group health insurance coverage (as defined in such 
                section 733) offered in connection with such a plan, 
                and such person is absent from such position of 
                employment by reason of the qualifying emergency, or 
                such person becomes eligible for medical and dental 
                care under chapter 55 of title 10 by reason of 
                subsection (d) of section 1074 of that title, 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 emergency.
                    (F) 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--
                            (i) has taken an action to enforce a 
                        protection afforded any person under this 
                        paragraph;
                            (ii) has testified or otherwise made a 
                        statement in or in connection with any 
                        proceeding to enforce a protection under this 
                        paragraph;
                            (iii) has assisted or otherwise 
                        participated in an investigation to enforce a 
                        protection under this paragraph; or
                            (iv) has exercised a right provided for in 
                        this paragraph.
                    (G) An eligible early care and education program or 
                Head Start agency shall be considered to have engaged 
                in actions prohibited under this paragraph--
                            (i) 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 action, unless 
                        the program or agency can prove that the action 
                        would have been taken in the absence of the 
                        employee's inability to work; or
                            (ii) if the employee's--
                                    (I) action to enforce a protection 
                                afforded any person under this 
                                paragraph;
                                    (II) testimony or making of a 
                                statement in or in connection with any 
                                proceeding to enforce a protection 
                                under this paragraph;
                                    (III) assistance or other 
                                participation in an investigation to 
                                enforce a protection under this 
                                paragraph; or
                                    (IV) exercise of a right provided 
                                for in this paragraph,
                        is a motivating factor in the eligible early 
                        care and education program or Head Start 
                        agency's action, unless the program or agency 
                        can prove that the action would have been taken 
                        in the absence of such person's enforcement 
                        action, testimony, statement, assistance, 
                        participation, or exercise of a right.
                    (H) 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 representative.
    (f) Reporting.--
            (1) Report to the secretary.--At the end of the grant 
        period, the lead agency shall prepare and submit to the 
        Secretary a report containing the following information:
                    (A) The number of subgrants awarded, disaggregated 
                by the type of eligible early care and education 
                program.
                    (B) A list of subgrantees.
                    (C) Average subgrant award amount.
                    (D) The number and a list of subgrant applicants.
                    (E) A summary of the activities that eligible early 
                care and education programs carried out using subgrant 
                funds.
            (2) Eligible early care and education programs report to 
        the lead agency.--Not later than 180 days after receiving a 
        subgrant or grant under this section and every 180 days 
        thereafter, an eligible early care and education program shall 
        prepare and submit to the lead agency, and a Head Start agency 
        shall prepare and submit to the Secretary, a report containing 
        the following information:
                    (A) A summary of the activities that the eligible 
                early care and education program or Head Start agency 
                carried out using those funds.
                    (B) The number of children who were served by such 
                activities, if applicable.
    (g) Authorization of Mandatory Funding.--There are authorized to be 
appropriated, and there are appropriated, from amounts in the Treasury 
not already appropriated, to carry out this section $300,000,000 for 
fiscal years 2020 and 2021 (in addition to any other amounts 
appropriated to carry out this section).

SEC. 4. EMERGENCY FINANCIAL AID GRANTS TO SUPPORT STUDENTS DURING 
              PERIODS OF EMERGENCY OR DISASTER.

    Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et 
seq.) is amended by adding at the end the following:

                ``PART J--EMERGENCY FINANCIAL AID GRANTS

``SEC. 499J. EMERGENCY FINANCIAL AID GRANTS TO SUPPORT STUDENTS DURING 
              PERIODS OF EMERGENCY OR DISASTER.

    ``(a) Definitions.--In this section:
            ``(1) 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 education, such as--
                    ``(A) food;
                    ``(B) housing;
                    ``(C) transportation;
                    ``(D) child care;
                    ``(E) the one-time cost of purchasing a personal 
                computer or establishing a reliable internet 
                connection; and
                    ``(F) health care.
            ``(2) Eligible student.--The term `eligible student' means 
        a student enrolled in an institution of higher education who 
        has been impacted by a qualifying emergency.
            ``(3) Emergency financial aid grant.--The term `emergency 
        financial aid grant' means an emergency financial aid grant 
        provided to an eligible student under subsection (d).
    ``(b) Grants Authorized.--The Secretary shall award grants, on a 
competitive basis, 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 
emergency.
    ``(c) Application.--
            ``(1) 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 
        Secretary, at such time, in such manner, and containing such 
        information as the Secretary may require.
            ``(2) Contents.--Each application under paragraph (1) shall 
        include a description of the emergency financial aid grant 
        program to be carried out by the institution of higher 
        education, including--
                    ``(A) the amount the institution of higher 
                education is requesting in the application;
                    ``(B) 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 estimate;
                    ``(C) the criteria the institution of higher 
                education will use to determine that an eligible 
                student will receive an emergency financial aid grant;
                    ``(D) a description of the process by which an 
                eligible student may apply and receive an emergency 
                financial aid grant;
                    ``(E) a description of the process by which an 
                institution of higher education will determine the 
                basic needs that will be addressed;
                    ``(F) a description of how the institution of 
                higher education will prioritize students with the 
                greatest need;
                    ``(G) a description of how the institution of 
                higher education will respond to questions regarding, 
                and disburse funds from, emergency financial aid grants 
                outside of normal business hours;
                    ``(H) an assurance that the process by which an 
                eligible student applies for an emergency financial aid 
                grant includes at least 1 opportunity to appeal a 
                denial of such grant; and
                    ``(I) an assurance that the institution of higher 
                education, as applicable, will make additional 
                information available to eligible students about the 
                eligibility of such students and their dependents for 
                means-tested benefit programs and additional Federal, 
                State, or local programs available to the eligible 
                students and their dependents as a result of the 
                qualifying emergency.
            ``(3) Priorities.--In awarding grants to institutions of 
        higher education under this section, the Secretary--
                    ``(A) shall give priority to institutions of higher 
                education most heavily affected by a qualifying 
                emergency; and
                    ``(B) may give priority to institutions of higher 
                education that are eligible to receive assistance under 
                section 371.
            ``(4) Number of applications.--An institution of higher 
        education may submit not more than 2 applications under this 
        subsection for each award year.
    ``(d) Use of Funds.--
            ``(1) 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 emergency.
            ``(2) 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 grant.
            ``(3) Limitations.--An emergency financial aid grant to an 
        eligible student may not be in an amount greater than $1,500 
        per award year.
            ``(4) Determinations.--In determining eligibility for and 
        awarding emergency financial aid grants under this subsection, 
        an institution of higher education may--
                    ``(A) independently assess a student's unmet 
                financial need and eligibility separate from the 
                student's expected family contribution (as determined 
                under section 474) for an award year;
                    ``(B) utilize a separate application process to 
                determine the student's unmet financial need; and
                    ``(C) 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 
                education, if such scholarship-granting organization 
                disburses the full allocated amount provided to the 
                institution of higher education to the recipients 
                (except as provided under subsection (h)(1)).
    ``(e) Reporting and Oversight.--
            ``(1) In general.--Not less frequently than once annually, 
        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 grant.
            ``(2) Form of report.--The report under paragraph (1) shall 
        be submitted to the Secretary at such time, in such manner, and 
        containing such information as the Secretary may require. The 
        Secretary shall issue uniform guidelines describing the 
        information that shall be reported by institutions of higher 
        education under such paragraph.
            ``(3) Content of report.--The report under paragraph (1) 
        shall include, at minimum, the following:
                    ``(A) The number of students that received an 
                emergency financial aid grant.
                    ``(B) The average amount of an emergency financial 
                aid grant awarded to eligible students.
                    ``(C) The number of students that applied for 
                emergency financial aid grants.
                    ``(D) The number of students that were denied 
                emergency financial aid grants.
                    ``(E) 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 application.
                    ``(F) The number of students that received an 
                emergency financial aid grant disaggregated by--
                            ``(i) sex;
                            ``(ii) race or ethnicity;
                            ``(iii) classification as a student with a 
                        disability; and
                            ``(iv) recipients of a Federal Pell Grant.
    ``(f) Grant Amounts; Duration; Deadlines.--
            ``(1) Amount.--A grant awarded to an institution of higher 
        education under this section shall not exceed $750,000.
            ``(2) Duration.--A grant awarded to an institution of 
        higher education under this section shall be for a period of 
        not more than 2 years.
            ``(3) Deadlines.--
                    ``(A) Notice.--The Secretary shall issue a notice 
                inviting applications for grants under this section no 
                later than 30 days after the enactment of the 
                Supporting Students in Response to Coronavirus Act.
                    ``(B) Receipt of applications.--The Secretary shall 
                accept applications from institutions of higher 
                education on a rolling basis.
                    ``(C) Response.--The Secretary shall approve or 
                deny applications from institutions of higher education 
                under subsection (c) within 30 days.
            ``(4) 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 year, 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 5 percent of the total amount of funds granted to 
        institutions of higher education under this section.
    ``(g) Outreach; Technical Assistance.--The Secretary shall--
            ``(1) 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 section; and
            ``(2) provide technical assistance and outreach to 
        institutions of higher education for the preparation of 
        applications described in subsection (c).
    ``(h) Administration.--
            ``(1) Administration costs.--An institution of higher 
        education that receives a grant under this section may use not 
        more than 3 percent of the grant funds to administer such 
        grant.
            ``(2) Reservation by secretary.--The Secretary may reserve 
        not more than \1/2\ of 1 percent of the grant funds to 
        administer the program under this section.
    ``(i) Applicability.--Notwithstanding any other provision of law, 
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 
provided.
    ``(j) Authorization and Appropriations.--
            ``(1) In general.--There are authorized to be appropriated, 
        and there are appropriated, from amounts in the Treasury not 
        already appropriated and in addition to any other amounts 
        appropriated to carry out this section, the following amounts:
                    ``(A) $600,000,000 for fiscal year 2020.
                    ``(B) $600,000,000 for fiscal year 2021.
            ``(2) Availability of funds.--Amounts appropriated under 
        this subsection shall remain available until expended, except 
        that no sums may be expended after September 30, 2023.''.

SEC. 5. DEFINITION OF QUALIFYING EMERGENCY.

    Section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003) is 
amended--
            (1) by redesignating paragraphs (15) through (24) as 
        paragraphs (16) through (25), respectively; and
            (2) by inserting after paragraph (14) the following:
            ``(15) Qualifying emergency.--The term `qualifying 
        emergency' means--
                    ``(A) a public health emergency declared by the 
                Secretary of Health and Human Services pursuant to 
                section 319 of the Public Health Service Act (42 U.S.C. 
                247d);
                    ``(B) an emergency for which a governor of a State 
                or territory has declared a state of emergency;
                    ``(C) an event for which the President declared a 
                major disaster or an emergency under section 401 or 
                501, respectively, of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5170 and 
                5191); or
                    ``(D) a national emergency declared by the 
                President under section 201 of the National Emergencies 
                Act (50 U.S.C. 1601 et seq.).''.

SEC. 6. EXCLUSION OF EMERGENCY FINANCIAL AID FROM INCOME.

    Section 480(j) of the Higher Education Act of 1965 (20 U.S.C. 
1087vv(j)) is amended by adding at the end the following:
    ``(5) Notwithstanding paragraph (1), emergency financial aid grants 
in an amount less than $1,500 provided to a student for unexpected 
expenses that are a component of the student's cost of attendance, and 
not otherwise considered when the determination of the student's need 
is made, shall not be treated as other financial assistance for 
purposes of section 471(3).''.

SEC. 7. ADJUSTMENT OF SUBSIDIZED USAGE LIMITS.

    Section 484(q)(3) of the Higher Education Act of 1965 (20 U.S.C. 
1087e(q)(3)) is amended by adding at the end the following:
                    ``(C) Special rule.--Notwithstanding paragraph (1) 
                or subparagraph (A), the Secretary may exclude from a 
                student's period of enrollment any semester, trimester, 
                quarter, or other appropriate academic period during 
                which the student was unable to remain enrolled in 
                school as a result of a qualifying emergency, if the 
                Secretary is able to administer such policy in a manner 
                that limits complexity and the burden on the 
                student.''.

SEC. 8. INSTITUTIONAL REFUND AND FEDERAL STUDENT LOAN FLEXIBILITY.

    (a) Waivers; Canceling Loan Obligation; Approved Leave of 
Absence.--Section 484B of the Higher Education Act of 1965 (20 U.S.C. 
1091b) is amended by adding at the end the following:
    ``(f) Waiver.--The Secretary may waive the requirement under this 
section with respect to an institution, 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 
attendance, the amount of grant or loan assistance (other than 
assistance received under part C) be returned to the title IV programs 
under this Act, if--
            ``(1) the recipient of assistance withdraws during a 
        payment period as a result of a qualifying emergency; and
            ``(2) the institution requests such a waiver.
    ``(g) Canceling Loan Obligation.--Notwithstanding any other 
provision of this Act, 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 (f).
    ``(h) Approved Leave of Absence.--Notwithstanding any other 
provision of law, for purposes of receiving assistance under this 
title, an institution of higher education may, as a result of a 
qualifying emergency, 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 absence.''.
    (b) Waivers of Federal Pell Grant Repayment; Waivers of Grant 
Assistance Repayment.--Section 484B(b)(2) of the Higher Education Act 
of 1965 (20 U.S.C. 1091b(b)(2)) is amended--
            (1) in subparagraph (D)--
                    (A) by striking clause (i) and inserting the 
                following:
                            ``(i) who were residing in, employed in, or 
                        attending an institution of higher education 
                        that is located in an area in which there 
                        exists a qualifying emergency;''; and
                    (B) in clause (ii), by inserting ``or emergency'' 
                after ``disaster''; and
            (2) in subparagraph (E)--
                    (A) by striking clause (i) and inserting the 
                following:
                            ``(i) who were residing in, employed in, or 
                        attending an institution of higher education 
                        that is located in an area in which there 
                        exists a qualifying emergency;''; and
                    (B) in clause (ii), by inserting ``or emergency'' 
                after ``disaster''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of enactment of this Act.

SEC. 9. SATISFACTORY PROGRESS.

    Section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 
1091(c)) is amended by adding at the end the following:
    ``(4) In determining whether a student is maintaining satisfactory 
progress, an institution of higher education may, as a result of a 
qualifying emergency, exclude from the quantitative component of the 
calculation any attempted credits that were not completed by such 
student without requiring an appeal by such student.''.

SEC. 10. CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS.

    (a) Eligible Program Flexibility.--Section 481(b) of the Higher 
Education Act of 1965 (20 U.S.C. 1088(b)) is amended--
            (1) by redesignating paragraph (4) as paragraph (5); and
            (2) by inserting after paragraph (3) the following:
            ``(4) Notwithstanding the restriction in paragraph (3) with 
        respect to a foreign institution, in the case of a public 
        health emergency, major disaster or emergency, or national 
        emergency declared by the applicable government authorities in 
        the country in which the foreign institution is located, 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 period.''.

SEC. 11. RESOURCES FOR ADDRESSING CHILD TRAUMATIC STRESS.

    (a) Grants for Addressing Child Traumatic Stress.--From funds 
available under subsection (c), the Secretary of Health and Human 
Services shall award supplemental grants to entities, tribes, and 
tribal organizations that, on the date of enactment of this Act, have 
an active grant that was awarded to the entity, tribe, or tribal 
organization under section 582 of the Public Health Service Act (42 
U.S.C. 290hh-1).
    (b) Grant Activities.--An entity, tribe, or tribal organization 
awarded a grant under this section shall develop and distribute 
guidance, training, and other resources for early care and education 
programs, families, caregivers, and teachers, principals or other 
school leaders, and administrators for addressing challenges related to 
a qualifying emergency (as defined in section 2). Such resources 
shall--
            (1) include--
                    (A) training and resources for early care and 
                education programs in what to expect for young 
                children, management of anxiety (including anxiety for 
                high-risk populations and those that must be in social 
                isolation), and effective strategies for communicating 
                with parents and families in times of stress;
                    (B) best practices for families for dealing with 
                loss of routine, identifying early signs of trauma, and 
                coping with stress;
                    (C) best practices for families with high-risk 
                populations (including multigenerational households or 
                grandparents caring for grandchildren, people with 
                disabilities or chronic medical conditions, or 
                households with a pregnant person); and
                    (D) training and guidance for teachers, principals 
                or other school leaders, and administrators about the 
                potential impact of school closures, social isolation, 
                and other changes of routine for students and staff; 
                and
            (2) be--
                    (A) electronic and include web-based resources;
                    (B) culturally competent;
                    (C) evidence-informed or evidence-based;
                    (D) accessible;
                    (E) available in multiple languages; and
                    (F) trauma-informed.
    (c) Appropriation of Funds.--There are authorized to be 
appropriated, and there are appropriated, $3,000,000 to award grants 
pursuant to subsection (b).
                                 <all>