[Congressional Record Volume 166, Number 139 (Wednesday, August 5, 2020)]
[Senate]
[Pages S4952-S4954]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2582. Ms. ERNST (for herself, Mr. Alexander, Mr. Blunt, Mr. Young,
and Mr. Daines) submitted an amendment intended to be proposed to
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to
condemn gross human rights violations of ethnic Turkic Muslims in
Xinjiang, and calling for an end to arbitrary detention, torture, and
harassment of these communities inside and outside China; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __--
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
back to work child care grants
For an additional amount for ``Back to Work Child Care
Grants'', $10,000,000,000, to remain available through
September 30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, which shall be
for activities to carry out Back to Work Child Care Grants to
qualified child care providers, for a transition period of
not more than 9 months to assist in paying for fixed costs
and increased operating expenses due to COVID-19, and to
reenroll children in an environment that supports the health
and safety of children and staff: Provided, That such amount
is designated by the 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.
Sec. __. (a) Purpose.--The purpose of this section is to
support the recovery of the United States economy by
providing assistance to aid in reopening child care programs,
and maintaining the availability of child care in the United
States, so that parents can access safe child care and return
to work.
(b) Definitions.--In this section:
(1) 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 such declaration.
(2) Eligible child care provider.--The term ``eligible
child care provider'' means--
(A) an eligible child care provider as defined in section
658P(6)(A) of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858n(6)(A)); and
(B) a child care provider that--
(i) is license-exempt and operating legally in the State;
(ii) is not providing child care services to relatives; and
(iii) satisfies State and local requirements, including
those referenced in section 658E(c)(2)(I) of the Child Care
and Development Block Grant Act of 1990 ((42 U.S.C.
9858c)(c)(2)(I)).
(3) Indian tribe; tribal organization.--The terms ``Indian
tribe'' and ``tribal organization'' 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).
(4) Lead agency.--The term ``lead agency'' has the meaning
given the term in section
[[Page S4953]]
658P of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858n).
(5) Qualified child care provider.--The term ``qualified
child care provider'' means an eligible child care provider
with an application approved under subsection (g) for the
program involved.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(7) State.--The term ``State'' has the meaning given the
term in section 658P of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858n).
(c) Grants for Child Care Programs.--From the funds
appropriated to carry out this section, the Secretary shall
make Back to Work Child Care grants to States, Indian tribes,
and tribal organizations, that submit notices of intent to
provide assurances under subsection (d)(2). The grants shall
provide for subgrants to qualified child care providers, for
a transition period of not more than 9 months, to assist in
paying for fixed costs and increased operating expenses due
to COVID-19 and to reenroll children in an environment that
supports the health and safety of children and staff.
(d) Process for Allocation of Funds.--
(1) Allocation.--Any funds that are appropriated to carry
out this section shall be distributed by the Secretary to the
Administration for Children and Families for distribution
under the Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9857 et seq.) in accordance with subsection
(e)(2).
(2) Notice.--Not later than 7 days after funds are
appropriated to carry out this section, the Secretary shall
provide to States, Indian tribes, and tribal organizations a
notice of funding availability for Back to Work Child Care
grants under subsection (c) from allotments and payments
under subsection (e)(2). The Secretary shall issue a notice
of the funding allocations for each State, Indian tribe, and
tribal organization not later than 14 days after funds are
appropriated to carry out this section.
(3) Notice of intent.--Not later than 14 days after
issuance of a notice of funding allocations under paragraph
(1), a State, Indian tribe, or tribal organization that seeks
such a grant shall submit to the Secretary a notice of intent
to provide assurances for such grant. The notice of intent
shall include a certification that the State, Indian tribe,
or tribal organization will repay the grant funds if such
State, Indian tribe, or tribal organization fails to provide
assurances that meet the requirements of subsection (f) or to
comply with such an assurance.
(4) Grants to lead agencies.--The Secretary may make grants
under subsection (c) to the lead agency of each State, Indian
tribe, or tribal organization, upon receipt of the notice of
intent to provide assurances for such grant.
(5) Provision of assurances.--Not later than 15 days after
receiving the grant, the State, Indian tribe, or tribal
organization shall provide assurances that meet the
requirements of subsection (f).
(e) Federal Reservation; Allotments and Payments.--
(1) Reservation.--The Secretary shall reserve not more than
1 percent of the amount appropriated to carry out this
section to pay for the costs of the Federal administration of
this section. The amount appropriated to carry out this
section and reserved under this paragraph shall remain
available through fiscal year 2021.
(2) Allotments and payments.--The Secretary shall use the
remaining portion of such amount to make allotments and
payments, to States, Indian tribes, and tribal organizations
that submit a notice of intent under subsection (d)(3) to
provide assurances, 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), for the grants described in subsection (c).
(f) Assurances.--A State, Indian tribe, or tribal
organization that receives a grant under subsection (c) shall
provide to the Secretary assurances that the lead agency
will--
(1) require as a condition of subgrant funding under
subsection (g) that each eligible child care provider
applying for a subgrant from the lead agency--
(A) has been an eligible child care provider in continuous
operation and serving children through a child care program
immediately prior to March 1, 2020;
(B) agree to follow all applicable State, local, and tribal
health and safety requirements and, if applicable, enhanced
protocols for child care services and related to COVID-19 or
another health or safety condition;
(C) agree to comply with the documentation and reporting
requirements under subsection (h); and
(D) certify in good faith that the child care program of
the provider will remain open for not less than 1 year after
receiving such a subgrant, unless such program is closed due
to extraordinary circumstances, including a state of
emergency declared by the Governor or a major disaster or
emergency declared by the President under section 401 or 501,
respectively, of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170, 5191);
(2) ensure eligible child care providers in urban,
suburban, and rural areas can readily apply for and access
funding under this section, which shall include the provision
of technical assistance either directly or through resource
and referral agencies or staffed family child care provider
networks;
(3) ensure that subgrant funds are made available to
eligible child care providers regardless of whether the
eligible child care provider is providing services for which
assistance is made available under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.)
at the time of application for a subgrant;
(4) through at least December 31, 2020, continue to expend
funds provided under the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9857 et seq.) for the purpose of
continuing payments and assistance to qualified child care
providers on the basis of applicable reimbursements prior to
March 2020;
(5) undertake a review of burdensome State, local, and
tribal regulations and requirements that hinder the opening
of new licensed child care programs to meet the needs of the
working families in the State or tribal community, as
applicable;
(6) make available to the public, which shall include, at a
minimum, posting to an internet website of the lead agency--
(A) notice of funding availability through subgrants for
qualified child care providers under this section; and
(B) the criteria for awarding subgrants for qualified child
care providers, including the methodology the lead agency
used to determine and disburse funds in accordance with
subparagraphs (D) and (E) of subsection (g)(4); and
(7) ensure the maintenance of a delivery system of child
care services throughout the State that provides for child
care in a variety of settings, including the settings of
family child care providers.
(g) Lead Agency Use of Funds.--
(1) In general.--A lead agency that receives a Back to Work
Child Care grant under this section--
(A) shall use a portion that is not less than 94 percent of
the grant funds to award subgrants to qualified child care
providers as described in the lead agency's assurances
pursuant to subsection (f);
(B) shall reserve not more than 6 percent of the funds to--
(i) use not less than 1 percent of the funds to provide
technical assistance and support in applying for and
accessing funding through such subgrants to eligible child
care providers, including to rural providers, family child
care providers, and providers with limited administrative
capacity; and
(ii) use the remainder of the reserved funds to--
(I) administer subgrants to qualified child care providers
under paragraph (4), which shall include monitoring the
compliance of qualified child care providers with applicable
State, local, and tribal health and safety requirements; and
(II) comply with the reporting and documentation
requirements described in subsection (h); and
(C)(i) shall not make more than 1 subgrant under paragraph
(4) to a qualified child care provider, except as described
in clause (ii); and
(ii) may make multiple subgrants to a qualified child care
provider, if the lead agency makes each subgrant individually
for 1 child care program operated by the provider and the
funds from the multiple subgrants are not pooled for use for
more than 1 of the programs.
(2) Role of third party.--The lead agency may designate a
third party, such as a child care resource and referral
agency, to carry out the responsibilities of the lead agency,
and oversee the activities conducted by qualified child care
providers under this subsection.
(3) Obligation and return of funds.--
(A) Obligation.--
(i) In general.--The lead agency shall obligate at least 50
percent of the grant funds in the portion described in
paragraph (1)(A) for subgrants to qualified child care
providers by the day that is 6 months after the date of
enactment of this Act.
(ii) Waivers.--At the request of a State, Indian tribe, or
tribal organization, and for good cause shown, the Secretary
may waive the requirement under clause (i) for the State,
Indian tribe, or tribal organization.
(B) Return of funds.--Not later than the date that is 12
months after a grant is awarded to a lead agency in
accordance with this section, the lead agency shall return to
the Secretary any of the grant funds that are not obligated
by the lead agency by such date. The Secretary shall return
any funds received under this subparagraph to the Treasury of
the United States.
(4) Subgrants.--
(A) In general.--A lead agency that receives a grant under
subsection (c) shall make subgrants to qualified child care
providers to assist in paying for fixed costs and increased
operating expenses, for a transition period of not more than
9 months, so that parents have a safe place for their
children to receive child care as the parents return to the
workplace.
(B) Use of funds.--A qualified child care provider may use
subgrant funds for--
(i) sanitation and other costs associated with cleaning the
facility, including deep cleaning in the case of an outbreak
of COVID-19, of a child care program used to provide child
care services;
(ii) recruiting, retaining, and compensating child care
staff, including providing professional development to the
staff related to child care services and applicable State,
local, and tribal health and safety requirements and, if
applicable, enhanced protocols for child care services and
related to COVID-19 or another health or safety condition;
[[Page S4954]]
(iii) paying for fixed operating costs associated with
providing child care services, including the costs of
payroll, the continuation of existing (as of March 1, 2020)
employee benefits, mortgage or rent, utilities, and
insurance;
(iv) acquiring equipment and supplies (including personal
protective equipment) necessary to provide child care
services in a manner that is safe for children and staff in
accordance with applicable State, local, and tribal health
and safety requirements;
(v) replacing materials that are no longer safe to use as a
result of the COVID-19 public health emergency;
(vi) making facility changes and repairs to address
enhanced protocols for child care services related to COVID-
19 or another health or safety condition, to ensure children
can safely occupy a child care facility;
(vii) purchasing or updating equipment and supplies to
serve children during nontraditional hours;
(viii) adapting the child care program or curricula to
accommodate children who have not had recent access to a
child care setting;
(ix) carrying out any other activity related to the child
care program of a qualified child care provider; and
(x) reimbursement of expenses incurred before the provider
received a subgrant under this paragraph, if the use for
which the expenses are incurred is described in any of
clauses (i) though (ix) and is disclosed in the subgrant
application for such subgrant.
(C) Subgrant application.--To be qualified to receive a
subgrant under this paragraph, an eligible child care
provider shall submit an application to the lead agency in
such form and containing such information as the lead agency
may reasonably require, including--
(i) a budget plan that includes--
(I) information describing how the eligible child care
provider will use the subgrant funds to pay for fixed costs
and increased operating expenses, including, as applicable,
payroll, employee benefits, mortgage or rent, utilities, and
insurance, described in subparagraph (B)(iii);
(II) data on current operating capacity, taking into
account previous operating capacity for a period of time
prior to the COVID-19 public health emergency, and updated
group size limits and staff-to-child ratios;
(III) child care enrollment, attendance, and revenue
projections based on current operating capacity and previous
enrollment and revenue for the period described in subclause
(II); and
(IV) a demonstration of how the subgrant funds will assist
in promoting the long-term viability of the eligible child
care provider and how the eligible child care provider will
sustain its operations after the cessation of funding under
this section;
(ii) assurances that the eligible child care provider
will--
(I) report to the lead agency, before every month for which
the subgrant funds are to be received, data on current
financial characteristics, including revenue, and data on
current average enrollment and attendance;
(II) not artificially suppress revenue, enrollment, or
attendance for the purposes of receiving subgrant funding;
(III) provide the necessary documentation under subsection
(h) to the lead agency, including providing documentation of
expenditures of subgrant funds; and
(IV) implement all applicable State, local, and tribal
health and safety requirements and, if applicable, enhanced
protocols for child care services and related to COVID-19 or
another health or safety condition; and
(iii) a certification in good faith that the child care
program will remain open for not less than 1 year after
receiving a subgrant under this paragraph, unless such
program is closed due to extraordinary circumstances
described in subsection (f)(1)(D).
(D) Subgrant disbursement.--In providing funds through a
subgrant under this paragraph--
(i) the lead agency shall--
(I) disburse such subgrant funds to a qualified child care
provider in installments made not less than once monthly;
(II) disburse a subgrant installment for a month after the
qualified child care provider has provided, before that
month, the enrollment, attendance, and revenue data required
under subparagraph (C)(ii)(I) and, if applicable, current
operating capacity data required under subparagraph
(C)(i)(II); and
(III) make subgrant installments to any qualified child
care provider for a period of not more than 9 months; and
(ii) the lead agency may, notwithstanding subparagraph
(E)(i), disburse an initial subgrant installment to a
provider in a greater amount than that subparagraph provides
for, and adjust the succeeding installments, as applicable.
(E) Subgrant installment amount.--The lead agency--
(i) shall determine the amount of a subgrant installment
under this paragraph by basing the amount on--
(I)(aa) at a minimum, the fixed costs associated with the
provision of child care services by a qualified child care
provider; and
(bb) at the election of the lead agency, an additional
amount determined by the State, for the purposes of assisting
qualified child care providers with, as applicable, increased
operating costs and lost revenue, associated with the COVID-
19 public health emergency; and
(II) any other methodology that the lead agency determines
to be appropriate, and which is disclosed in reporting
submitted by the lead agency under subsection (f)(6)(B);
(ii) shall ensure that, for any period for which subgrant
funds are disbursed under this paragraph, no qualified child
care provider receives a subgrant installment that when added
to current revenue for that period exceeds the revenue for
the corresponding period 1 year prior; and
(iii) may factor in decreased operating capacity due to
updated group size limits and staff-to-child ratios, in
determining subgrant installment amounts.
(F) Repayment of subgrant funds.--A qualified child care
provider that receives a subgrant under this paragraph shall
be required to repay the subgrant funds if the lead agency
determines that the provider fails to provide the assurances
described in subparagraph (C)(ii)(II), or to comply with such
an assurance.
(5) Supplement not supplant.--Amounts made available to
carry out this section shall be used to supplement and not
supplant other Federal, State, tribal, and local public funds
expended to provide child care services, including funds
provided under the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9857 et seq.) and State and tribal child
care programs.
(h) Documentation and Reporting Requirements.--
(1) Documentation.--A State, Indian tribe, or tribal
organization receiving a grant under subsection (c) shall
provide documentation of any State or tribal expenditures
from grant funds received under subsection (c) in accordance
with section 658K(b) of the Child Care Development Block
Grant Act of 1990 (42 U.S.C. 9858i(b)), and to the
independent entity described in that section.
(2) Reports.--
(A) Lead agency report.--A lead agency receiving a grant
under subsection (c) shall, not later than 12 months after
receiving such grant, submit a report to the Secretary that
includes for the State or tribal community involved a
description of the program of subgrants carried out to meet
the objectives of this section, including--
(i) a description of how the lead agency determined--
(I) the criteria for awarding subgrants for qualified child
care providers, including the methodology the lead agency
used to determine and disburse funds in accordance with
subparagraphs (D) and (E) of subsection (g)(4); and
(II) the types of providers that received priority for the
subgrants, including considerations related to--
(aa) setting;
(bb) average monthly revenues, enrollment, and attendance,
before and during the COVID-19 public health emergency and
after the expiration of State, local, and tribal stay-at-home
orders; and
(cc) geographically based child care service needs across
the State or tribal community; and
(ii) the number of eligible child care providers in
operation and serving children on March 1, 2020, and the
average number of such providers for March 2020 and each of
the 11 months following, disaggregated by age of children
served, geography, region, center-based child care setting,
and family child care setting;
(iii) the number of child care slots, in the capacity of a
qualified child care provider given applicable group size
limits and staff-to-child ratios, that were open for
attendance of children on March 1, 2020, the average number
of such slots for March 2020 and each of 11 months following,
disaggregated by age of children served, geography, region,
center-based child care setting, and family child care
setting;
(iv)(I) the number of qualified child care providers that
received a subgrant under subsection (g)(4), disaggregated by
age of children served, geography, region, center-based child
care setting, and family child care setting, and the average
and range of the amounts of the subgrants awarded; and
(II) the percentage of all eligible child care providers
that are qualified child care providers that received such a
subgrant, disaggregated as described in subclause (I); and
(v) information concerning how qualified child care
providers receiving subgrants under subsection (g)(4) used
the subgrant funding received, disaggregated by the allowable
uses of funds described in subsection (g)(4)(B).
(B) Report to congress.--Not later than 90 days after
receiving the lead agency reports required under subparagraph
(A), the Secretary shall make publicly available and provide
to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and Labor of the
House of Representatives a report summarizing the findings of
the lead agency reports.
(i) Exclusion From Income.--For purposes of the Internal
Revenue Code of 1986, gross income shall not include any
amount received by a qualified child care provider under this
section.
(j) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the activities under this section.
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