[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3874 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3874

   Making additional supplemental appropriations for disaster relief 
  requirements for the fiscal year ending September 30, 2020, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 3, 2020

   Mrs. Murray (for herself, Ms. Smith, Ms. Warren, Mr. Casey, Mrs. 
Gillibrand, Ms. Hassan, Mr. Kaine, Ms. Rosen, Mr. Sanders, Ms. Baldwin, 
Mrs. Shaheen, Mr. Durbin, Mr. Reed, Mr. Schatz, Mr. Booker, Mr. Wyden, 
Ms. Hirono, Mr. Merkley, and Mr. Jones) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   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 Representatives of the 
United States of America in Congress assembled,
    Section 1. The following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2020, and for other purposes, namely:

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

   payments to states for the child care and development block grant

    For an additional amount for ``Payments to States for the Child 
Care and Development Block Grant'', $50,000,000,000, to remain 
available until September 30, 2021, for necessary expenses to carry out 
the Child Care Stabilization Fund grants program, as authorized by 
section 2 of this Act:  Provided, That such funds shall be available 
without regard to the requirements in subparagraphs (C) through (E) of 
section 658E(c)(3) or section 658G of the Child Care and Development 
Block Grant Act of 1990:  Provided further, That funds appropriated 
under this heading in this Act may be made available to restore 
amounts, either directly or through reimbursement, for obligations 
incurred prior to the date of enactment of this Act for the purposes 
provided in this Act:  Provided further, That such amount is designated 
by Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 and shall be available only if the President subsequently 
so designates such amount and transmits such designation to Congress.
    Sec. 2. (a) Definitions.--In this section:
            (1) CCDBG terms.--The terms ``eligible child care 
        provider'', ``Indian tribe'', ``lead agency'', ``tribal 
        organization'', ``Secretary'', and ``State'' have the meanings 
        given the terms in section 658P of the Child Care and 
        Development Block Grant Act of 1990 (42 U.S.C. 9858n) except as 
        otherwise provided in this section.
            (2) COVID-19 public health emergency.--The term ``COVID-19 
        public health emergency'' means the public health emergency 
        declared by the Secretary of Health and Human Services under 
        section 319 of the Public Health Service Act (42 U.S.C. 247d) 
        on January 31, 2020, with respect to COVID-19, including any 
        renewal of the declaration.
    (b) Grants.--From funds appropriated to carry out this section and 
under the authority of section 658O of the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858m) and this section, the 
Secretary shall establish a Child Care Stabilization Fund grants 
program, through which the Secretary shall award child care 
stabilization grants to the lead agency of each State (as defined in 
that section 658O), territory described in subsection (a)(1) of such 
section, Indian tribe, and tribal organization from allotments and 
payments made under subsection (c)(2), not later than 30 days after the 
date of enactment of this Act.
    (c) Secretarial Reservation and Allotments.--
            (1) Reservation.--The Secretary shall reserve not more than 
        1 percent of the funds appropriated to carry out this section 
        for the Federal administration of grants described in 
        subsection (b).
            (2) Allotments.--The Secretary shall use the remainder of 
        the funds appropriated to carry out this section to award 
        allotments to States, as defined in section 658O of the Child 
        Care Development Block Grant Act of 1990 (42 U.S.C. 9858m), and 
        payments to territories, Indian tribes, and tribal 
        organizations in accordance with paragraphs (1) and (2) of 
        subsection (a), and subsection (b), of section 658O of the 
        Child Care and Development Block Grant Act of 1990 (42 U.S.C. 
        9858m).
    (d) State Reservations and Subgrants.--
            (1) Reservation.--A lead agency for a State that receives a 
        child care stabilization grant pursuant to subsection (b) shall 
        reserve not more than 10 percent of such grant funds--
                    (A) to administer subgrants made to qualified child 
                care providers under paragraph (2), including to carry 
                out data systems building and other activities that 
                enable the disbursement of payments of such subgrants;
                    (B) to provide technical assistance and support in 
                applying for and accessing the subgrant opportunity 
                under paragraph (2), to eligible child care providers 
                (including to family child care providers, group home 
                child care providers, and other non-center-based child 
                care providers and providers with limited 
                administrative capacity), either directly or through 
                resource and referral agencies or staffed family child 
                care networks;
                    (C) to publicize the availability of subgrants 
                under this section and conduct widespread outreach to 
                eligible child care providers, including family child 
                care providers, group home child care providers, and 
                other non-center-based child care providers and 
                providers with limited administrative capacity, either 
                directly or through resource and referral agencies or 
                staffed family child care networks, to ensure eligible 
                child care providers are aware of the subgrants 
                available under this section;
                    (D) to carry out the reporting requirements 
                described in subsection (f); and
                    (E) to carry out activities to improve the supply 
                and quality of child care during and after the COVID-19 
                public health emergency, such as conducting community 
                needs assessments, carrying out child care cost 
                modeling, making improvements to child care facilities, 
                increasing access to licensure or participation in the 
                State's tiered quality rating system, and carrying out 
                other activities described in section 658G(b) of the 
                Child Care and Development Block Grant Act of 1990 (42 
                U.S.C. 9858e(b)), to the extent that the lead agency 
                can carry out activities described in this subparagraph 
                without preventing the lead agency from fully 
                conducting the activities described in subparagraphs 
                (A) through (D).
            (2) Subgrants to qualified child care providers.--
                    (A) In general.--The lead agency shall use the 
                remainder of the grant funds awarded pursuant to 
                subsection (b) to make subgrants to qualified child 
                care providers described in subparagraph (B), to 
                support the stability of the child care sector during 
                and after the COVID-19 public health emergency. The 
                lead agency shall provide the subgrant funds in advance 
                of provider expenditures for costs described in 
                subsection (e), except as provided in subsection 
                (e)(2).
                    (B) Qualified child care provider.--To be qualified 
                to receive a subgrant under this paragraph, a provider 
                shall be an eligible child care provider that--
                            (i) was providing child care services on or 
                        before March 1, 2020; and
                            (ii) on the date of submission of an 
                        application for the subgrant, was either--
                                    (I) open and available to provide 
                                child care services; or
                                    (II) closed due to the COVID-19 
                                public health emergency.
                    (C) Subgrant amount.--The lead agency shall make 
                subgrants, from amounts awarded pursuant to subsection 
                (b), to qualified child care providers, and the amount 
                of such a subgrant to such a provider shall--
                            (i) be based on the provider's stated 
                        average operating expenses during the period 
                        (of not longer than 6 months) before March 1, 
                        2020, and at minimum cover such operating 
                        expenses for the intended length of the 
                        subgrant;
                            (ii) account for increased costs of 
                        providing or preparing to provide child care as 
                        a result of the COVID-19 public health 
                        emergency, such as provider and employee 
                        compensation and existing benefits (existing as 
                        of March 1, 2020) and the implementation of new 
                        practices related to sanitization, group size 
                        limits, and social distancing;
                            (iii) be adjusted for payments or 
                        reimbursements made to an eligible child care 
                        provider to carry out the Child Care and 
                        Development Block Grant Act of 1990 (42 U.S.C. 
                        9857 et seq.) or the Head Start Act (42 U.S.C. 
                        9831 et seq.); and
                            (iv) be adjusted for payments or 
                        reimbursements made to an eligible child care 
                        provider through the Paycheck Protection 
                        Program set forth in section 7(a)(36) of the 
                        Small Business Act (15 U.S.C. 636(a)(36)), as 
                        added by section 1102 of the Coronavirus Aid, 
                        Relief, and Economic Security Act (Public Law 
                        116-136).
                    (D) Application.--
                            (i) Eligibility.--To be eligible to receive 
                        a subgrant under this paragraph, a child care 
                        provider shall submit an application to a lead 
                        agency at such time and in such manner as the 
                        lead agency may require. Such application shall 
                        include--
                                    (I) a good-faith certification that 
                                the ongoing operations of the child 
                                care provider have been impacted as a 
                                result of the COVID-19 public health 
                                emergency;
                                    (II) for a provider described in 
                                subparagraph (B)(ii)(I), an assurance 
                                that, for the duration of the COVID-19 
                                public health emergency--
                                            (aa) the provider will give 
                                        priority for available slots 
                                        (including slots that are only 
                                        temporarily available) to--

                                                    (AA) children of 
                                                essential workers (such 
                                                as health care sector 
                                                employees, emergency 
                                                responders, sanitation 
                                                workers, farmworkers, 
                                                child care employees, 
                                                and other workers 
                                                determined to be 
                                                essential during the 
                                                response to coronavirus 
                                                by public officials), 
                                                children of workers 
                                                whose places of 
                                                employment require 
                                                their attendance, 
                                                children experiencing 
                                                homelessness, children 
                                                with disabilities, 
                                                children at risk of 
                                                child abuse or neglect, 
                                                and children in foster 
                                                care, in States where 
                                                stay-at-home or related 
                                                orders are in effect; 
                                                or

                                                    (BB) children of 
                                                workers whose places of 
                                                employment require 
                                                their attendance, 
                                                children experiencing 
                                                homelessness, children 
                                                with disabilities, 
                                                children at risk of 
                                                child abuse or neglect, 
                                                children in foster 
                                                care, and children 
                                                whose parents are in 
                                                school or a training 
                                                program, in States 
                                                where stay-at-home or 
                                                related orders are not 
                                                in effect;

                                            (bb) the provider will 
                                        implement policies in line with 
                                        guidance from the Centers for 
                                        Disease Control and Prevention 
                                        and the corresponding State and 
                                        local authorities, and in 
                                        accordance with State and local 
                                        orders, for child care 
                                        providers that remain open, 
                                        including guidance on 
                                        sanitization practices, group 
                                        size limits, and social 
                                        distancing;
                                            (cc) for each employee, the 
                                        provider will pay the full 
                                        compensation described in 
                                        subsection (e)(1)(C), including 
                                        any benefits, that was provided 
                                        to the employee as of March 1, 
                                        2020 (referred to in this 
                                        clause as ``full 
                                        compensation''), and will not 
                                        take any action that reduces 
                                        the weekly amount of the 
                                        employee's compensation below 
                                        the weekly amount of full 
                                        compensation, or that reduces 
                                        the employee's rate of 
                                        compensation below the rate of 
                                        full compensation; and
                                            (dd) the provider will 
                                        provide relief from copayments 
                                        and tuition payments for the 
                                        families enrolled in the 
                                        provider's program and 
                                        prioritize such relief for 
                                        families struggling to make 
                                        either type of payment;
                                    (III) for a provider described in 
                                subparagraph (B)(ii)(II), an assurance 
                                that--
                                            (aa) for the duration of 
                                        the provider's closure due to 
                                        the COVID-19 public health 
                                        emergency, for each employee, 
                                        the provider will pay full 
                                        compensation, and will not take 
                                        any action that reduces the 
                                        weekly amount of the employee's 
                                        compensation below the weekly 
                                        amount of full compensation, or 
                                        that reduces the employee's 
                                        rate of compensation below the 
                                        rate of full compensation;
                                            (bb) children enrolled as 
                                        of March 1, 2020, will maintain 
                                        their slots, unless their 
                                        families choose to disenroll 
                                        the children;
                                            (cc) for the duration of 
                                        the provider's closure due to 
                                        the COVID-19 public health 
                                        emergency, the provider will 
                                        provide relief from copayments 
                                        and tuition payments for the 
                                        families enrolled in the 
                                        provider's program and 
                                        prioritize such relief for 
                                        families struggling to make 
                                        either type of payment; and
                                            (dd) the provider will 
                                        resume operations when the 
                                        provider is able to safely 
                                        implement policies in line with 
                                        guidance from the Centers for 
                                        Disease Control and Prevention 
                                        and the corresponding State and 
                                        local authorities, and in 
                                        accordance with State and local 
                                        orders;
                                    (IV) information about the child 
                                care provider's--
                                            (aa) program 
                                        characteristics sufficient to 
                                        allow the lead agency to 
                                        establish the child care 
                                        provider's priority status, as 
                                        described in subparagraph (F);
                                            (bb) program operational 
                                        status on the date of 
                                        submission of the application;
                                            (cc) type of program, 
                                        including whether the program 
                                        is a center-based child care, 
                                        family child care, group home 
                                        child care, or other non-
                                        center-based child care type 
                                        program;
                                            (dd) total enrollment on 
                                        the date of submission of the 
                                        application and total capacity 
                                        as allowed by the State; and
                                            (ee) receipt of assistance, 
                                        and amount of assistance, 
                                        through a payment or 
                                        reimbursement described in 
                                        subparagraph (C)(iv), and the 
                                        time period for which the 
                                        assistance was made;
                                    (V) information necessary to 
                                determine the amount of the subgrant, 
                                such as information about the 
                                provider's stated average operating 
                                expenses over the period before March 
                                1, 2020, described in subparagraph 
                                (C)(i); and
                                    (VI) such other limited information 
                                as the lead agency shall determine to 
                                be necessary to make subgrants to 
                                qualified child care providers.
                            (ii) Frequency.--The lead agency shall 
                        accept and process applications submitted under 
                        this subparagraph on a rolling basis.
                            (iii) Updates.--The lead agency shall--
                                    (I) at least once a month, verify 
                                by obtaining a self-attestation from 
                                each qualified child care provider that 
                                received such a subgrant from the 
                                agency, whether the provider is open 
                                and available to provide child care 
                                services or is closed due to the COVID-
                                19 public health emergency;
                                    (II) allow the qualified child care 
                                provider to update the information 
                                provided in a prior application; and
                                    (III) adjust the qualified child 
                                care provider's subgrant award as 
                                necessary, based on changes to the 
                                application information, including 
                                changes to the provider's operational 
                                status.
                            (iv) Existing applications.--If a lead 
                        agency has established and implemented a grant 
                        program for child care providers that is in 
                        effect on the date of enactment of this Act, 
                        and an eligible child care provider has already 
                        submitted an application for such a grant to 
                        the lead agency containing the information 
                        specified in clause (i), the lead agency shall 
                        treat that application as an application 
                        submitted under this subparagraph. If an 
                        eligible child care provider has already 
                        submitted such an application containing part 
                        of the information specified in clause (i), the 
                        provider may submit to the lead agency an 
                        abbreviated application that contains the 
                        remaining information, and the lead agency 
                        shall treat the 2 applications as an 
                        application submitted under this subparagraph.
                    (E) Materials.--
                            (i) In general.--The lead agency shall 
                        provide the materials and other resources 
                        related to such subgrants, including a 
                        notification of subgrant opportunities and 
                        application materials, to qualified child care 
                        providers in the most commonly spoken languages 
                        in the State.
                            (ii) Application.--The application shall be 
                        accessible on the website of the lead agency 
                        within 30 days after the lead agency receives 
                        grant funds awarded pursuant to subsection (b) 
                        and shall be accessible to all eligible child 
                        care providers, including family child care 
                        providers, group home child care providers, and 
                        other non-center-based child care providers and 
                        providers with limited administrative capacity.
                    (F) Priority.--In making subgrants under this 
                section, the lead agency shall give priority to 
                qualified child care providers that, prior to or on 
                March 1, 2020--
                            (i) provided child care during 
                        nontraditional hours;
                            (ii) served dual language learners, 
                        children with disabilities, children 
                        experiencing homelessness, children in foster 
                        care, children from low-income families, or 
                        infants and toddlers;
                            (iii) served a high proportion of children 
                        whose families received subsidies under the 
                        Child Care and Development Block Grant Act of 
                        1990 (42 U.S.C. 9857 et seq.) for the child 
                        care; or
                            (iv) operated in communities, including 
                        rural communities, with a low supply of child 
                        care.
                    (G) Providers receiving other assistance.--The lead 
                agency, in determining whether a provider is a 
                qualified child care provider, shall not take into 
                consideration receipt of a payment or reimbursement 
                described in clause (iii) or (iv) of subparagraph (C).
                    (H) Awards.--The lead agency shall equitably make 
                subgrants under this paragraph to center-based child 
                care providers, family child care providers, group home 
                child care providers, and other non-center-based child 
                care providers, such that qualified child care 
                providers are able to access the subgrant opportunity 
                under this paragraph regardless of the providers' 
                setting, size, or administrative capacity.
                    (I) Obligation.--The lead agency shall obligate at 
                least 50 percent of funds available to carry out this 
                section for subgrants described in this paragraph, by 
                December 31, 2020.
    (e) Uses of Funds.--
            (1) In general.--A qualified child care provider that 
        receives funds through such a subgrant may use the funds for 
        the costs of--
                    (A) payroll;
                    (B) employee benefits, including group health plan 
                benefits during periods of paid sick, medical, or 
                family leave, and insurance premiums;
                    (C) employee salaries or similar compensation, 
                including any income or other compensation to a sole 
                proprietor or independent contractor that is a wage, 
                commission, income, net earnings from self-employment, 
                or similar compensation;
                    (D) payment on any mortgage obligation;
                    (E) rent (including rent under a lease agreement);
                    (F) utilities;
                    (G) insurance;
                    (H) providing premium pay for child care providers 
                and other employees who provide services during the 
                COVID-19 public health emergency;
                    (I) sanitization and other costs associated with 
                cleaning;
                    (J) personal protective equipment and other 
                equipment necessary to carry out the functions of the 
                child care provider;
                    (K) training and professional development related 
                to health and safety practices, including the proper 
                implementation of policies in line with guidance from 
                the Centers for Disease Control and Prevention and the 
                corresponding State and local authorities, and in 
                accordance with State and local orders;
                    (L) modifications to child care services as a 
                result of the COVID-19 public health emergency, such as 
                limiting group sizes, adjusting staff-to-child ratios, 
                and implementing other heightened health and safety 
                measures;
                    (M) mental health supports for children and 
                employees; and
                    (N) other goods and services necessary to maintain 
                or resume operation of the child care program, or to 
                maintain the viability of the child care provider as a 
                going concern during and after the COVID-19 public 
                health emergency.
            (2) Reimbursement.--The qualified child care provider may 
        use the subgrant funds to reimburse the provider for sums 
        obligated or expended before the date of enactment of this Act 
        for the cost of a good or service described in paragraph (1) to 
        respond to the COVID-19 public health emergency.
    (f) Reporting.--
            (1) Initial report.--A lead agency receiving a grant under 
        this section shall, within 60 days after making the agency's 
        first subgrant under subsection (d)(2) to a qualified child 
        care provider, submit a report to the Secretary that includes--
                    (A) data on qualified child care providers that 
                applied for subgrants and qualified child care 
                providers that received such subgrants, including--
                            (i) the number of such applicants and the 
                        number of such recipients;
                            (ii) the number and proportion of such 
                        applicants and recipients that received 
                        priority and the characteristic or 
                        characteristics of such applicants and 
                        recipients associated with the priority;
                            (iii) the number and proportion of such 
                        applicants and recipients that are--
                                    (I) center-based child care 
                                providers;
                                    (II) family child care providers;
                                    (III) group home child care 
                                providers; or
                                    (IV) other non-center-based child 
                                care providers; and
                            (iv) within each of the groups listed in 
                        clause (iii), the number of such applicants and 
                        recipients that are, on the date of submission 
                        of the application--
                                    (I) open and available to provide 
                                child care services; or
                                    (II) closed due to the COVID-19 
                                public health emergency;
                    (B) the total capacity of child care providers that 
                are licensed, regulated, or registered in the State on 
                the date of the submission of the report;
                    (C) a description of--
                            (i) the efforts of the lead agency to 
                        publicize the availability of subgrants under 
                        this section and conduct widespread outreach to 
                        eligible child care providers about such 
                        subgrants, including efforts to make materials 
                        available in languages other than English;
                            (ii) the lead agency's methodology for 
                        determining amounts of subgrants under 
                        subsection (d)(2);
                            (iii) the lead agency's timeline for 
                        disbursing the subgrant funds; and
                            (iv) the lead agency's plan for ensuring 
                        that qualified child care providers that 
                        receive funding through such a subgrant comply 
                        with assurances described in subsection 
                        (d)(2)(D) and use funds in compliance with 
                        subsection (e); and
                    (D) such other limited information as the Secretary 
                may require.
            (2) Quarterly report.--The lead agency shall, following the 
        submission of such initial report, submit to the Secretary a 
        report that contains the information described in subparagraphs 
        (A), (B), and (D) of paragraph (1) once a quarter until all 
        funds allotted for activities authorized under this section are 
        expended.
            (3) Final report.--Not later than 60 days after a lead 
        agency receiving a grant under this section has obligated all 
        of the grant funds (including funds received under subsection 
        (h)), the lead agency shall submit a report to the Secretary, 
        in such manner as the Secretary may require, that includes--
                    (A) the total number of eligible child care 
                providers who were providing child care services on or 
                before March 1, 2020, in the State and the number of 
                such providers that submitted an application under 
                subsection (d)(2)(D);
                    (B) the number of qualified child care providers in 
                the State that received funds through the grant;
                    (C) the lead agency's methodology for determining 
                amounts of subgrants under subsection (d)(2);
                    (D) the average and range of the subgrant amounts 
                by provider type (center-based child care, family child 
                care, group home child care, or other non-center-based 
                child care provider);
                    (E) the percentages, of the child care providers 
                that received such a subgrant, that, on or before March 
                1, 2020--
                            (i) provided child care during 
                        nontraditional hours;
                            (ii) served dual language learners, 
                        children with disabilities, children 
                        experiencing homelessness, children in foster 
                        care, children from low-income families, or 
                        infants and toddlers;
                            (iii) served a high percentage of children 
                        whose families received subsidies under the 
                        Child Care and Development Block Grant Act of 
                        1990 (42 U.S.C. 9857 et seq.) for the child 
                        care; and
                            (iv) operated in communities, including 
                        rural communities, with a low supply of child 
                        care;
                    (F) the number of children served by the child care 
                providers that received such a subgrant, for the 
                duration of the subgrant;
                    (G) the percentages, of the child care providers 
                that received such a subgrant, that are--
                            (i) center-based child care providers;
                            (ii) family child care providers;
                            (iii) group home child care providers; or
                            (iv) other non-center-based child care 
                        providers;
                    (H) the percentages, of the child care providers 
                listed in subparagraph (G) that are, on the date of 
                submission of the application--
                            (i) open and available to provide child 
                        care services; or
                            (ii) closed due to the COVID-19 public 
                        health emergency;
                    (I) information about how child care providers used 
                the funds received under such a subgrant;
                    (J) information about how the lead agency used 
                funds reserved under subsection (d)(1); and
                    (K) information about how the subgrants helped to 
                stabilize the child care sector.
            (4) Reports to congress.--
                    (A) Findings from initial reports.--Not later than 
                60 days after receiving all reports required to be 
                submitted under paragraph (1), the Secretary shall 
                provide a report to the Committee on Education and 
                Labor and the Committee on Appropriations of the House 
                of Representatives and to the Committee on Health, 
                Education, Labor, and Pensions and the Committee on 
                Appropriations of the Senate, summarizing the findings 
                from the reports received under paragraph (1).
                    (B) Findings from final reports.--Not later than 36 
                months after the date of enactment of this Act, the 
                Secretary shall provide a report to the Committee on 
                Education and Labor and the Committee on Appropriations 
                of the House of Representatives and to the Committee on 
                Health, Education, Labor, and Pensions and the 
                Committee on Appropriations of the Senate, summarizing 
                the findings from the reports received under paragraph 
                (3).
    (g) Supplement Not Supplant.--Amounts made available to carry out 
this section shall be used to supplement and not supplant other 
Federal, State, and local public funds expended to provide child care 
services for eligible individuals, including funds provided under the 
Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et 
seq.) and State child care programs.
    (h) Reallotment of Unobligated Funds.--
            (1) Unobligated funds.--A State, Indian tribe, or tribal 
        organization shall return to the Secretary any grant funds 
        received under this section that the State, Indian tribe, or 
        tribal organization does not obligate by September 30, 2021.
            (2) Reallotment.--The Secretary shall award new allotments 
        and payments, in accordance with subsection (c)(2), to covered 
        States, Indian tribes, or tribal organizations from funds that 
        are returned under paragraph (1) within 60 days of receiving 
        such funds. Funds made available through the new allotments and 
        payments shall remain available to each such covered State, 
        Indian tribe, or tribal organization until September 30, 2022.
            (3) Covered state, indian tribe, or tribal organization.--
        For purposes of paragraph (2), a covered State, Indian tribe, 
        or tribal organization is a State, Indian tribe, or tribal 
        organization that received an allotment or payment under this 
        section and was not required to return grant funds under 
        paragraph (1).
    (i) Exceptions.--The Child Care and Development Block Grant Act of 
1990 (42 U.S.C. 9857 et seq.), excluding requirements in subparagraphs 
(C) through (E) of section 658E(c)(3), section 658G, and section 
658J(c) of such Act (42 U.S.C. 9858c(c)(3), 9858e, 9858h(c)), shall 
apply to child care services provided under this section to the extent 
the application of such Act does not conflict with the provisions of 
this section. Nothing in this Act shall be construed to require a State 
to submit an application, other than the application described in 
section 658E or 658O(c) of the Child Care and Development Block Grant 
Act of 1990 (42 U.S.C. 9858c, 9858m(c)), to receive a grant under this 
section.
    (j) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this Act $50,000,000,000 for fiscal year 2020.
            (2) Application.--In carrying out the Child Care and 
        Development Block Grant Act of 1990 with funds other than the 
        funds appropriated under paragraph (1), the Secretary shall 
        calculate the amounts of appropriated funds described in 
        subsections (a) and (b) of section 658O of such Act (42 U.S.C. 
        9858m) by excluding funds appropriated under paragraph (1).
    Sec. 3.  An amount appropriated or made available under this Act is 
in addition to any amounts otherwise appropriated for the fiscal year 
involved.
    Sec. 4.  Unless otherwise provided in this Act, the additional 
amount appropriated under this Act to an appropriations account shall 
be available under the authorities and conditions applicable to such 
appropriations account for fiscal year 2020.
    Sec. 5.  This Act may be cited as the ``Child Care Is Essential 
Act''.
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