II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. The following sums are appropriated, out 

4 of any money in the Treasury not otherwise appropriated, 

5 for the fiscal year ending September 30, 2020, and for 

6 other purposes, namely: 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 3874 IS

1 DEPARTMENT OF HEALTH AND HUMAN 

2 SERVICES 

3 ADMINISTRATION FOR CHILDREN AND FAMILIES

4 PAYMENTS TO STATES FOR THE CHILD CARE AND

5 DEVELOPMENT BLOCK GRANT

6 For an additional amount for ‘‘Payments to States 

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

8 $50,000,000,000, to remain available until September 30, 

9 2021, for necessary expenses to carry out the Child Care 

10 Stabilization Fund grants program, as authorized by sec11 tion 2 of this Act: Provided, That such funds shall be 

12 available without regard to the requirements in subpara13 graphs (C) through (E) of section 658E(c)(3) or section 

14 658G of the Child Care and Development Block Grant Act 

15 of 1990: Provided further, That funds appropriated under 

16 this heading in this Act may be made available to restore 

17 amounts, either directly or through reimbursement, for ob18 ligations incurred prior to the date of enactment of this 

19 Act for the purposes provided in this Act: Provided further, 

20 That such amount is designated by Congress as being for 

21 an emergency requirement pursuant to section 

22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985 and shall be available only 

24 if the President subsequently so designates such amount 

25 and transmits such designation to Congress. 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 3874 IS

1 SEC. 2. (a) DEFINITIONS.—In this section: 

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

3 care provider’’, ‘‘Indian tribe’’, ‘‘lead agency’’, ‘‘trib4 al organization’’, ‘‘Secretary’’, and ‘‘State’’ have the 

5 meanings given the terms in section 658P of the 

6 Child Care and Development Block Grant Act of 

7 1990 (42 U.S.C. 9858n) except as otherwise pro8 vided in this section. 

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

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

11 means the public health emergency declared by the 

12 Secretary of Health and Human Services under sec13 tion 319 of the Public Health Service Act (42 

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

15 COVID–19, including any renewal of the declara16 tion. 

17 (b) GRANTS.—From funds appropriated to carry out 

18 this section and under the authority of section 658O of 

19 the Child Care and Development Block Grant Act of 1990 

20 (42 U.S.C. 9858m) and this section, the Secretary shall 

21 establish a Child Care Stabilization Fund grants program, 

22 through which the Secretary shall award child care sta23 bilization grants to the lead agency of each State (as de24 fined in that section 658O), territory described in sub25 section (a)(1) of such section, Indian tribe, and tribal orVerDate Sep 11 2014 21:11 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874

pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 3874 IS

1 ganization from allotments and payments made under 

2 subsection (c)(2), not later than 30 days after the date 

3 of enactment of this Act. 

4 (c) SECRETARIAL RESERVATION AND ALLOT5 MENTS.— 

6 (1) RESERVATION.—The Secretary shall reserve 

7 not more than 1 percent of the funds appropriated 

8 to carry out this section for the Federal administra9 tion of grants described in subsection (b). 

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

11 remainder of the funds appropriated to carry out 

12 this section to award allotments to States, as defined 

13 in section 658O of the Child Care Development 

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

15 payments to territories, Indian tribes, and tribal or16 ganizations in accordance with paragraphs (1) and 

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

18 658O of the Child Care and Development Block 

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

20 (d) STATE RESERVATIONS AND SUBGRANTS.— 

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

22 that receives a child care stabilization grant pursu23 ant to subsection (b) shall reserve not more than 10 

24 percent of such grant funds— 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 3874 IS

1 (A) to administer subgrants made to quali2 fied child care providers under paragraph (2), 

3 including to carry out data systems building 

4 and other activities that enable the disburse5 ment of payments of such subgrants; 

6 (B) to provide technical assistance and 

7 support in applying for and accessing the 

8 subgrant opportunity under paragraph (2), to 

9 eligible child care providers (including to family 

10 child care providers, group home child care pro11 viders, and other non-center-based child care 

12 providers and providers with limited administra13 tive capacity), either directly or through re14 source and referral agencies or staffed family 

15 child care networks; 

16 (C) to publicize the availability of sub17 grants under this section and conduct wide18 spread outreach to eligible child care providers, 

19 including family child care providers, group 

20 home child care providers, and other non-cen21 ter-based child care providers and providers 

22 with limited administrative capacity, either di23 rectly or through resource and referral agencies 

24 or staffed family child care networks, to ensure 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 3874 IS

1 eligible child care providers are aware of the 

2 subgrants available under this section; 

3 (D) to carry out the reporting require4 ments described in subsection (f); and 

5 (E) to carry out activities to improve the 

6 supply and quality of child care during and 

7 after the COVID–19 public health emergency, 

8 such as conducting community needs assess9 ments, carrying out child care cost modeling, 

10 making improvements to child care facilities, in11 creasing access to licensure or participation in 

12 the State’s tiered quality rating system, and 

13 carrying out other activities described in section 

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

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

16 to the extent that the lead agency can carry out 

17 activities described in this subparagraph with18 out preventing the lead agency from fully con19 ducting the activities described in subpara20 graphs (A) through (D). 

21 (2) SUBGRANTS TO QUALIFIED CHILD CARE

22 PROVIDERS.— 

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

24 use the remainder of the grant funds awarded 

25 pursuant to subsection (b) to make subgrants 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 3874 IS

1 to qualified child care providers described in 

2 subparagraph (B), to support the stability of 

3 the child care sector during and after the 

4 COVID–19 public health emergency. The lead 

5 agency shall provide the subgrant funds in ad6 vance of provider expenditures for costs de7 scribed in subsection (e), except as provided in 

8 subsection (e)(2). 

9 (B) QUALIFIED CHILD CARE PROVIDER.— 

10 To be qualified to receive a subgrant under this 

11 paragraph, a provider shall be an eligible child 

12 care provider that— 

13 (i) was providing child care services 

14 on or before March 1, 2020; and 

15 (ii) on the date of submission of an 

16 application for the subgrant, was either— 

17 (I) open and available to provide 

18 child care services; or 

19 (II) closed due to the COVID–19 

20 public health emergency. 

21 (C) SUBGRANT AMOUNT.—The lead agency 

22 shall make subgrants, from amounts awarded 

23 pursuant to subsection (b), to qualified child 

24 care providers, and the amount of such a 

25 subgrant to such a provider shall— 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 3874 IS

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

2 average operating expenses during the pe3 riod (of not longer than 6 months) before 

4 March 1, 2020, and at minimum cover 

5 such operating expenses for the intended 

6 length of the subgrant; 

7 (ii) account for increased costs of pro8 viding or preparing to provide child care as 

9 a result of the COVID–19 public health 

10 emergency, such as provider and employee 

11 compensation and existing benefits (exist12 ing as of March 1, 2020) and the imple13 mentation of new practices related to sani14 tization, group size limits, and social 

15 distancing; 

16 (iii) be adjusted for payments or reim17 bursements made to an eligible child care 

18 provider to carry out the Child Care and 

19 Development Block Grant Act of 1990 (42 

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

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

22 (iv) be adjusted for payments or reim23 bursements made to an eligible child care 

24 provider through the Paycheck Protection 

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


pamtmann on DSKBC07HB2PROD with BILLS
9 

•S 3874 IS

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

2 636(a)(36)), as added by section 1102 of 

3 the Coronavirus Aid, Relief, and Economic 

4 Security Act (Public Law 116–136). 

5 (D) APPLICATION.— 

6 (i) ELIGIBILITY.—To be eligible to re7 ceive a subgrant under this paragraph, a 

8 child care provider shall submit an applica9 tion to a lead agency at such time and in 

10 such manner as the lead agency may re11 quire. Such application shall include— 

12 (I) a good-faith certification that 

13 the ongoing operations of the child 

14 care provider have been impacted as a 

15 result of the COVID–19 public health 

16 emergency; 

17 (II) for a provider described in 

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

19 that, for the duration of the COVID– 

20 19 public health emergency— 

21 (aa) the provider will give 

22 priority for available slots (in23 cluding slots that are only tempo24 rarily available) to— 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•S 3874 IS

1 (AA) children of essen2 tial workers (such as health 

3 care sector employees, emer4 gency responders, sanitation 

5 workers, farmworkers, child 

6 care employees, and other 

7 workers determined to be es8 sential during the response 

9 to coronavirus by public offi10 cials), children of workers 

11 whose places of employment 

12 require their attendance, 

13 children experiencing home14 lessness, children with dis15 abilities, children at risk of 

16 child abuse or neglect, and 

17 children in foster care, in 

18 States where stay-at-home 

19 or related orders are in ef20 fect; or 

21 (BB) children of work22 ers whose places of employ23 ment require their attend24 ance, children experiencing 

25 homelessness, children with 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•S 3874 IS

1 disabilities, children at risk 

2 of child abuse or neglect, 

3 children in foster care, and 

4 children whose parents are 

5 in school or a training pro6 gram, in States where stay7 at-home or related orders 

8 are not in effect; 

9 (bb) the provider will imple10 ment policies in line with guid11 ance from the Centers for Dis12 ease Control and Prevention and 

13 the corresponding State and local 

14 authorities, and in accordance 

15 with State and local orders, for 

16 child care providers that remain 

17 open, including guidance on sani18 tization practices, group size lim19 its, and social distancing; 

20 (cc) for each employee, the 

21 provider will pay the full com22 pensation described in subsection 

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

24 that was provided to the em25 ployee as of March 1, 2020 (reVerDate Sep 11 2014 21:11 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874

pamtmann on DSKBC07HB2PROD with BILLS
12 

•S 3874 IS

1 ferred to in this clause as ‘‘full 

2 compensation’’), and will not take 

3 any action that reduces the week4 ly amount of the employee’s com5 pensation below the weekly 

6 amount of full compensation, or 

7 that reduces the employee’s rate 

8 of compensation below the rate of 

9 full compensation; and 

10 (dd) the provider will pro11 vide relief from copayments and 

12 tuition payments for the families 

13 enrolled in the provider’s pro14 gram and prioritize such relief 

15 for families struggling to make 

16 either type of payment; 

17 (III) for a provider described in 

18 subparagraph (B)(ii)(II), an assur19 ance that— 

20 (aa) for the duration of the 

21 provider’s closure due to the 

22 COVID–19 public health emer23 gency, for each employee, the 

24 provider will pay full compensa25 tion, and will not take any action 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•S 3874 IS

1 that reduces the weekly amount 

2 of the employee’s compensation 

3 below the weekly amount of full 

4 compensation, or that reduces 

5 the employee’s rate of compensa6 tion below the rate of full com7 pensation; 

8 (bb) children enrolled as of 

9 March 1, 2020, will maintain 

10 their slots, unless their families 

11 choose to disenroll the children; 

12 (cc) for the duration of the 

13 provider’s closure due to the 

14 COVID–19 public health emer15 gency, the provider will provide 

16 relief from copayments and tui17 tion payments for the families 

18 enrolled in the provider’s pro19 gram and prioritize such relief 

20 for families struggling to make 

21 either type of payment; and 

22 (dd) the provider will re23 sume operations when the pro24 vider is able to safely implement 

25 policies in line with guidance 


pamtmann on DSKBC07HB2PROD with BILLS
14 

•S 3874 IS

1 from the Centers for Disease 

2 Control and Prevention and the 

3 corresponding State and local au4 thorities, and in accordance with 

5 State and local orders; 

6 (IV) information about the child 

7 care provider’s— 

8 (aa) program characteristics 

9 sufficient to allow the lead agen10 cy to establish the child care pro11 vider’s priority status, as de12 scribed in subparagraph (F); 

13 (bb) program operational 

14 status on the date of submission 

15 of the application; 

16 (cc) type of program, includ17 ing whether the program is a 

18 center-based child care, family 

19 child care, group home child care, 

20 or other non-center-based child 

21 care type program; 

22 (dd) total enrollment on the 

23 date of submission of the applica24 tion and total capacity as allowed 

25 by the State; and 


pamtmann on DSKBC07HB2PROD with BILLS
15 

•S 3874 IS

1 (ee) receipt of assistance, 

2 and amount of assistance, 

3 through a payment or reimburse4 ment described in subparagraph 

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

6 which the assistance was made; 

7 (V) information necessary to de8 termine the amount of the subgrant, 

9 such as information about the pro10 vider’s stated average operating ex11 penses over the period before March 

12 1, 2020, described in subparagraph 

13 (C)(i); and 

14 (VI) such other limited informa15 tion as the lead agency shall deter16 mine to be necessary to make sub17 grants to qualified child care pro18 viders. 

19 (ii) FREQUENCY.—The lead agency 

20 shall accept and process applications sub21 mitted under this subparagraph on a roll22 ing basis. 

23 (iii) UPDATES.—The lead agency 

24 shall— 


pamtmann on DSKBC07HB2PROD with BILLS
16 

•S 3874 IS

1 (I) at least once a month, verify 

2 by obtaining a self-attestation from 

3 each qualified child care provider that 

4 received such a subgrant from the 

5 agency, whether the provider is open 

6 and available to provide child care 

7 services or is closed due to the 

8 COVID–19 public health emergency; 

9 (II) allow the qualified child care 

10 provider to update the information 

11 provided in a prior application; and 

12 (III) adjust the qualified child 

13 care provider’s subgrant award as 

14 necessary, based on changes to the 

15 application information, including 

16 changes to the provider’s operational 

17 status. 

18 (iv) EXISTING APPLICATIONS.—If a 

19 lead agency has established and imple20 mented a grant program for child care pro21 viders that is in effect on the date of en22 actment of this Act, and an eligible child 

23 care provider has already submitted an ap24 plication for such a grant to the lead agen25 cy containing the information specified in 


pamtmann on DSKBC07HB2PROD with BILLS
17 

•S 3874 IS

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

2 application as an application submitted 

3 under this subparagraph. If an eligible 

4 child care provider has already submitted 

5 such an application containing part of the 

6 information specified in clause (i), the pro7 vider may submit to the lead agency an ab8 breviated application that contains the re9 maining information, and the lead agency 

10 shall treat the 2 applications as an applica11 tion submitted under this subparagraph. 

12 (E) MATERIALS.— 

13 (i) IN GENERAL.—The lead agency 

14 shall provide the materials and other re15 sources related to such subgrants, includ16 ing a notification of subgrant opportunities 

17 and application materials, to qualified child 

18 care providers in the most commonly spo19 ken languages in the State. 

20 (ii) APPLICATION.—The application 

21 shall be accessible on the website of the 

22 lead agency within 30 days after the lead 

23 agency receives grant funds awarded pur24 suant to subsection (b) and shall be acces25 sible to all eligible child care providers, inVerDate Sep 11 2014 21:11 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874

pamtmann on DSKBC07HB2PROD with BILLS
18 

•S 3874 IS

1 cluding family child care providers, group 

2 home child care providers, and other non3 center-based child care providers and pro4 viders with limited administrative capacity. 

5 (F) PRIORITY.—In making subgrants 

6 under this section, the lead agency shall give 

7 priority to qualified child care providers that, 

8 prior to or on March 1, 2020— 

9 (i) provided child care during non10 traditional hours; 

11 (ii) served dual language learners, 

12 children with disabilities, children experi13 encing homelessness, children in foster 

14 care, children from low-income families, or 

15 infants and toddlers; 

16 (iii) served a high proportion of chil17 dren whose families received subsidies 

18 under the Child Care and Development 

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

20 et seq.) for the child care; or 

21 (iv) operated in communities, includ22 ing rural communities, with a low supply 

23 of child care. 

24 (G) PROVIDERS RECEIVING OTHER ASSIST25 ANCE.—The lead agency, in determining whethVerDate Sep 11 2014 21:11 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S3874.IS S3874

pamtmann on DSKBC07HB2PROD with BILLS
19 

•S 3874 IS

1 er a provider is a qualified child care provider, 

2 shall not take into consideration receipt of a 

3 payment or reimbursement described in clause 

4 (iii) or (iv) of subparagraph (C). 

5 (H) AWARDS.—The lead agency shall equi6 tably make subgrants under this paragraph to 

7 center-based child care providers, family child 

8 care providers, group home child care providers, 

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

10 such that qualified child care providers are able 

11 to access the subgrant opportunity under this 

12 paragraph regardless of the providers’ setting, 

13 size, or administrative capacity. 

14 (I) OBLIGATION.—The lead agency shall 

15 obligate at least 50 percent of funds available 

16 to carry out this section for subgrants described 

17 in this paragraph, by December 31, 2020. 

18 (e) USES OF FUNDS.— 

19 (1) IN GENERAL.—A qualified child care pro20 vider that receives funds through such a subgrant 

21 may use the funds for the costs of— 

22 (A) payroll; 

23 (B) employee benefits, including group 

24 health plan benefits during periods of paid sick, 


pamtmann on DSKBC07HB2PROD with BILLS
20 

•S 3874 IS

1 medical, or family leave, and insurance pre2 miums; 

3 (C) employee salaries or similar compensa4 tion, including any income or other compensa5 tion to a sole proprietor or independent con6 tractor that is a wage, commission, income, net 

7 earnings from self-employment, or similar com8 pensation; 

9 (D) payment on any mortgage obligation; 

10 (E) rent (including rent under a lease 

11 agreement); 

12 (F) utilities; 

13 (G) insurance; 

14 (H) providing premium pay for child care 

15 providers and other employees who provide 

16 services during the COVID–19 public health 

17 emergency; 

18 (I) sanitization and other costs associated 

19 with cleaning; 

20 (J) personal protective equipment and 

21 other equipment necessary to carry out the 

22 functions of the child care provider; 

23 (K) training and professional development 

24 related to health and safety practices, including 

25 the proper implementation of policies in line 


pamtmann on DSKBC07HB2PROD with BILLS
21 

•S 3874 IS

1 with guidance from the Centers for Disease 

2 Control and Prevention and the corresponding 

3 State and local authorities, and in accordance 

4 with State and local orders; 

5 (L) modifications to child care services as 

6 a result of the COVID–19 public health emer7 gency, such as limiting group sizes, adjusting 

8 staff-to-child ratios, and implementing other 

9 heightened health and safety measures; 

10 (M) mental health supports for children 

11 and employees; and 

12 (N) other goods and services necessary to 

13 maintain or resume operation of the child care 

14 program, or to maintain the viability of the 

15 child care provider as a going concern during 

16 and after the COVID–19 public health emer17 gency. 

18 (2) REIMBURSEMENT.—The qualified child care 

19 provider may use the subgrant funds to reimburse 

20 the provider for sums obligated or expended before 

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

22 good or service described in paragraph (1) to re23 spond to the COVID–19 public health emergency. 

24 (f) REPORTING.— 


pamtmann on DSKBC07HB2PROD with BILLS
22 

•S 3874 IS

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

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

3 making the agency’s first subgrant under subsection 

4 (d)(2) to a qualified child care provider, submit a re5 port to the Secretary that includes— 

6 (A) data on qualified child care providers 

7 that applied for subgrants and qualified child 

8 care providers that received such subgrants, in9 cluding— 

10 (i) the number of such applicants and 

11 the number of such recipients; 

12 (ii) the number and proportion of 

13 such applicants and recipients that re14 ceived priority and the characteristic or 

15 characteristics of such applicants and re16 cipients associated with the priority; 

17 (iii) the number and proportion of 

18 such applicants and recipients that are— 

19 (I) center-based child care pro20 viders; 

21 (II) family child care providers; 

22 (III) group home child care pro23 viders; or 

24 (IV) other non-center-based child 

25 care providers; and 


pamtmann on DSKBC07HB2PROD with BILLS
23 

•S 3874 IS

1 (iv) within each of the groups listed in 

2 clause (iii), the number of such applicants 

3 and recipients that are, on the date of sub4 mission of the application— 

5 (I) open and available to provide 

6 child care services; or 

7 (II) closed due to the COVID–19 

8 public health emergency; 

9 (B) the total capacity of child care pro10 viders that are licensed, regulated, or registered 

11 in the State on the date of the submission of 

12 the report; 

13 (C) a description of— 

14 (i) the efforts of the lead agency to 

15 publicize the availability of subgrants 

16 under this section and conduct widespread 

17 outreach to eligible child care providers 

18 about such subgrants, including efforts to 

19 make materials available in languages 

20 other than English; 

21 (ii) the lead agency’s methodology for 

22 determining amounts of subgrants under 

23 subsection (d)(2); 

24 (iii) the lead agency’s timeline for dis25 bursing the subgrant funds; and 


pamtmann on DSKBC07HB2PROD with BILLS
24 

•S 3874 IS

1 (iv) the lead agency’s plan for ensur2 ing that qualified child care providers that 

3 receive funding through such a subgrant 

4 comply with assurances described in sub5 section (d)(2)(D) and use funds in compli6 ance with subsection (e); and 

7 (D) such other limited information as the 

8 Secretary may require. 

9 (2) QUARTERLY REPORT.—The lead agency 

10 shall, following the submission of such initial report, 

11 submit to the Secretary a report that contains the 

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

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

14 funds allotted for activities authorized under this 

15 section are expended. 

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

17 after a lead agency receiving a grant under this sec18 tion has obligated all of the grant funds (including 

19 funds received under subsection (h)), the lead agen20 cy shall submit a report to the Secretary, in such 

21 manner as the Secretary may require, that in22 cludes— 

23 (A) the total number of eligible child care 

24 providers who were providing child care services 

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


pamtmann on DSKBC07HB2PROD with BILLS
25 

•S 3874 IS

1 the number of such providers that submitted an 

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

3 (B) the number of qualified child care pro4 viders in the State that received funds through 

5 the grant; 

6 (C) the lead agency’s methodology for de7 termining amounts of subgrants under sub8 section (d)(2); 

9 (D) the average and range of the subgrant 

10 amounts by provider type (center-based child 

11 care, family child care, group home child care, 

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

13 (E) the percentages, of the child care pro14 viders that received such a subgrant, that, on or 

15 before March 1, 2020— 

16 (i) provided child care during non17 traditional hours; 

18 (ii) served dual language learners, 

19 children with disabilities, children experi20 encing homelessness, children in foster 

21 care, children from low-income families, or 

22 infants and toddlers; 

23 (iii) served a high percentage of chil24 dren whose families received subsidies 

25 under the Child Care and Development 


pamtmann on DSKBC07HB2PROD with BILLS
26 

•S 3874 IS

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

2 et seq.) for the child care; and 

3 (iv) operated in communities, includ4 ing rural communities, with a low supply 

5 of child care; 

6 (F) the number of children served by the 

7 child care providers that received such a 

8 subgrant, for the duration of the subgrant; 

9 (G) the percentages, of the child care pro10 viders that received such a subgrant, that are— 

11 (i) center-based child care providers; 

12 (ii) family child care providers; 

13 (iii) group home child care providers; 

14 or 

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

16 providers; 

17 (H) the percentages, of the child care pro18 viders listed in subparagraph (G) that are, on 

19 the date of submission of the application— 

20 (i) open and available to provide child 

21 care services; or 

22 (ii) closed due to the COVID–19 pub23 lic health emergency; 


pamtmann on DSKBC07HB2PROD with BILLS
27 

•S 3874 IS

1 (I) information about how child care pro2 viders used the funds received under such a 

3 subgrant; 

4 (J) information about how the lead agency 

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

6 and 

7 (K) information about how the subgrants 

8 helped to stabilize the child care sector. 

9 (4) REPORTS TO CONGRESS.— 

10 (A) FINDINGS FROM INITIAL REPORTS.— 

11 Not later than 60 days after receiving all re12 ports required to be submitted under paragraph 

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

14 Committee on Education and Labor and the 

15 Committee on Appropriations of the House of 

16 Representatives and to the Committee on 

17 Health, Education, Labor, and Pensions and 

18 the Committee on Appropriations of the Senate, 

19 summarizing the findings from the reports re20 ceived under paragraph (1). 

21 (B) FINDINGS FROM FINAL REPORTS.— 

22 Not later than 36 months after the date of en23 actment of this Act, the Secretary shall provide 

24 a report to the Committee on Education and 

25 Labor and the Committee on Appropriations of 


pamtmann on DSKBC07HB2PROD with BILLS
28 

•S 3874 IS

1 the House of Representatives and to the Com2 mittee on Health, Education, Labor, and Pen3 sions and the Committee on Appropriations of 

4 the Senate, summarizing the findings from the 

5 reports received under paragraph (3). 

6 (g) SUPPLEMENT NOT SUPPLANT.—Amounts made 

7 available to carry out this section shall be used to supple8 ment and not supplant other Federal, State, and local 

9 public funds expended to provide child care services for 

10 eligible individuals, including funds provided under the 

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

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

13 (h) REALLOTMENT OF UNOBLIGATED FUNDS.— 

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

15 tribe, or tribal organization shall return to the Sec16 retary any grant funds received under this section 

17 that the State, Indian tribe, or tribal organization 

18 does not obligate by September 30, 2021. 

19 (2) REALLOTMENT.—The Secretary shall award 

20 new allotments and payments, in accordance with 

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

22 tribal organizations from funds that are returned 

23 under paragraph (1) within 60 days of receiving 

24 such funds. Funds made available through the new 

25 allotments and payments shall remain available to 


pamtmann on DSKBC07HB2PROD with BILLS
29 

•S 3874 IS

1 each such covered State, Indian tribe, or tribal orga2 nization until September 30, 2022. 

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

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

5 covered State, Indian tribe, or tribal organization is 

6 a State, Indian tribe, or tribal organization that re7 ceived an allotment or payment under this section 

8 and was not required to return grant funds under 

9 paragraph (1). 

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

11 Block Grant Act of 1990 (42 U.S.C. 9857 et seq.), exclud12 ing requirements in subparagraphs (C) through (E) of sec13 tion 658E(c)(3), section 658G, and section 658J(c) of 

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

15 apply to child care services provided under this section to 

16 the extent the application of such Act does not conflict 

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

18 shall be construed to require a State to submit an applica19 tion, other than the application described in section 658E 

20 or 658O(c) of the Child Care and Development Block 

21 Grant Act of 1990 (42 U.S.C. 9858c, 9858m(c)), to re22 ceive a grant under this section. 

23 (j) AUTHORIZATION OF APPROPRIATIONS.— 


pamtmann on DSKBC07HB2PROD with BILLS
30 

•S 3874 IS

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

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

3 for fiscal year 2020. 

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

5 Care and Development Block Grant Act of 1990 

6 with funds other than the funds appropriated under 

7 paragraph (1), the Secretary shall calculate the 

8 amounts of appropriated funds described in sub9 sections (a) and (b) of section 658O of such Act (42 

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

11 under paragraph (1). 

12 SEC. 3. An amount appropriated or made available 

13 under this Act is in addition to any amounts otherwise 

14 appropriated for the fiscal year involved. 

15 SEC. 4. Unless otherwise provided in this Act, the ad16 ditional amount appropriated under this Act to an appro17 priations account shall be available under the authorities 

18 and conditions applicable to such appropriations account 

19 for fiscal year 2020. 

20 SEC. 5. This Act may be cited as the ‘‘Child Care 

21 Is Essential Act’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS