II 

116TH CONGRESS 

2D SESSION S. 4112 

To support education and child care during the COVID–19 public health 

emergency, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 30, 2020 

Mrs. MURRAY (for herself, Mr. SCHUMER, Mr. LEAHY, Ms. ROSEN, Mr. 

KAINE, Ms. BALDWIN, Mr. MERKLEY, Mr. VAN HOLLEN, Mr. SANDERS, 

Mr. MURPHY, Ms. SMITH, Mr. CASEY, Ms. STABENOW, Mr. MARKEY, 

Ms. WARREN, Mr. REED, Ms. HASSAN, Mrs. FEINSTEIN, and Mr. DURBIN) introduced the following bill; which was read twice and referred to 

the Committee on Health, Education, Labor, and Pensions 

A BILL 

To support education and child care during the COVID– 

19 public health emergency, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Coronavirus Child 

5 Care and Education Relief Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definition of qualifying emergency. 


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TITLE I—SUPPORT FOR CHILDREN AND FAMILIES 

Sec. 101. Child Abuse Prevention and Treatment Act. 

Sec. 102. Child Care Stabilization Fund. 

TITLE II—SUPPORT FOR STUDENTS AND SCHOOLS 

Subtitle A— Education Stabilization Fund Improvements 

Sec. 211. Increase in appropriations. 

Sec. 212. Education stabilization funds. 

Subtitle B—Additional Appropriations for Elementary Education, Secondary 

Education, and Special Education 

Sec. 221. Elementary and secondary education appropriations. 

Sec. 222. Individuals with Disabilities Education Act appropriations. 

Subtitle C—Higher Education 

CHAPTER 1—HISTORICALLY BLACK COLLEGES AND UNIVERSITIES

Sec. 231. HBCU endowment challenge grants. 

Sec. 232. Funding for HBCU capital financing. 

CHAPTER 2—ADDITIONAL APPROPRIATIONS FOR TRIO PROGRAMS

Sec. 235. Additional TRIO appropriations. 

Subtitle D—Increased Funding for Adult Education and Career and 

Technical Education 

CHAPTER 1—ADULT EDUCATION AND LITERACY QUALIFYING EMERGENCY

RESPONSE

Sec. 241. Definitions. 

Sec. 242. Adult education and literacy response activities. 

Sec. 243. Distribution of funds. 

CHAPTER 2—CAREER AND TECHNICAL EDUCATION

Sec. 245. Definitions and Perkins CTE requirements. 

Sec. 246. COVID–19 career and technical education response flexibility. 

Sec. 247. Perkins career and technical education. 

Subtitle E—Community College and Industry Partnership Grants 

Sec. 251. Community college and industry partnership grants. 

Subtitle F—E-Rate 

Sec. 255. E-Rate support for Wi-Fi hotspots, other equipment, and connected 

devices during emergency periods relating to COVID–19. 

TITLE III—GENERAL PROVISIONS 

Sec. 301. Protections for children with disabilities. 

Sec. 302. Rule of construction relating to registered apprenticeship programs. 


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Sec. 303. General Education Provisions Act requirements relating to COVID– 

19. 

Sec. 304. Emergency designation. 

1 SEC. 3. DEFINITION OF QUALIFYING EMERGENCY. 

2 In this Act, the term ‘‘qualifying emergency’’ has the 

3 meaning given the term in section 3502 of division A of 

4 the Coronavirus Aid, Relief, and Economic Security Act 

5 (Public Law 116–136). 

6 TITLE I—SUPPORT FOR 

7 CHILDREN AND FAMILIES 

8 SEC. 101. CHILD ABUSE PREVENTION AND TREATMENT 

9 ACT. 

10 (a) TITLE I APPROPRIATIONS.— 

11 (1) IN GENERAL.—There is appropriated to the 

12 Secretary of Health and Human Services (referred 

13 to in this section as the ‘‘Secretary’’), out of 

14 amounts in the Treasury not otherwise appropriated, 

15 $500,000,000 for fiscal year 2020, for the purpose 

16 of providing additional funding for the State grant 

17 program under section 106 of the Child Abuse Pre18 vention and Treatment Act (42 U.S.C. 5106a). 

19 (2) ALLOTMENTS.—The Secretary shall make 

20 allotments out of the amounts appropriated under 

21 paragraph (1) to each State and territory receiving 

22 an allotment under section 106(f) of the Child Abuse 

23 Prevention and Treatment Act (42 U.S.C. 5106a(f)) 

24 for fiscal year 2019, in the same manner that 


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1 amounts appropriated under section 112 of such Act 

2 (42 U.S.C. 5106f) are allotted to States in accord3 ance with section 106(f)(2) of such Act. 

4 (3) CHILDREN, FAMILIES, AND CHILD WELFARE

5 WORKERS’ HEALTH AND SAFETY.—The Secretary 

6 shall allow each State to use amounts appropriated 

7 under paragraph (1) and allocated under paragraph 

8 (2) to cover costs that the State determines nec9 essary to support child welfare workers in pre10 venting, investigating, and treating child abuse and 

11 neglect in response to a qualifying emergency, in12 cluding for the purchase of personal protective 

13 equipment and sanitation supplies, consistent with 

14 section 106 of the Child Abuse Prevention and 

15 Treatment Act (42 U.S.C. 5106a). 

16 (b) CHILD ABUSE PREVENTION APPROPRIATION.— 

17 (1) IN GENERAL.—There is appropriated to the 

18 Secretary, out of amounts in the Treasury not other19 wise appropriated, $1,000,000,000 for fiscal year 

20 2020, for the purpose of providing additional fund21 ing for the community-based grants for the preven22 tion of child abuse and neglect under title II of the 

23 Child Abuse Prevention and Treatment Act (42 

24 U.S.C. 5116 et seq.). 


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1 (2) ALLOTMENTS.—The Secretary shall make 

2 allotments out of the amounts appropriated under 

3 paragraph (1) to each State receiving an allotment 

4 under section 203 of the Child Abuse Prevention 

5 and Treatment Act (42 U.S.C. 5116b) for fiscal 

6 year 2019, in the same manner that amounts appro7 priated under section 209 of such Act (42 U.S.C. 

8 5116i) are allotted to States in accordance with sec9 tion 203 of such Act, except that, in allotting 

10 amounts under this subsection— 

11 (A) in subsection (a) of such section 203, 

12 ‘‘1 percent’’ shall be deemed to be ‘‘5 percent’’; 

13 (B) in subsection (b)(1)(A) of such section 

14 203, ‘‘70 percent’’ shall be deemed to be ‘‘100 

15 percent’’; and 

16 (C) subsections (b)(1)(B) and (c) of such 

17 section 203 shall not apply. 

18 (3) COMMUNITY-BASED PROGRAMS AND ACTIVI19 TIES HEALTH AND SAFETY.—The Secretary shall 

20 allow each State lead entity to use amounts appro21 priated under paragraph (1) and allocated to the 

22 State under paragraph (2) to cover costs that the 

23 lead entity determines necessary to maintain the op24 eration of community-based and prevention-focused 

25 programs and activities in the State in response to 


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1 a qualifying emergency, including for the purchase 

2 of personal protective equipment and sanitation sup3 plies, consistent with title II of Child Abuse Preven4 tion and Treatment Act (42 U.S.C. 5116 et seq.). 

5 (4) NO STATE MATCHING REQUIREMENT.—Not6 withstanding section 204(4) of the Child Abuse Pre7 vention and Treatment Act (42 U.S.C. 5116d(4)), a 

8 State shall not be required to provide any additional 

9 funding for the program under title II of the Child 

10 Abuse Prevention and Treatment Act (42 U.S.C. 

11 5116 et seq.) as a condition for receiving an alloca12 tion under paragraph (1). 

13 (c) IN GENERAL.—Any amount appropriated or 

14 made available under this section is in addition to other 

15 amounts appropriated or made available for the applicable 

16 purpose, and shall remain available until expended. 

17 SEC. 102. CHILD CARE STABILIZATION FUND. 

18 (a) DEFINITIONS.—In this section, the terms ‘‘eligi19 ble child care provider’’, ‘‘Indian tribe’’, ‘‘lead agency’’, 

20 ‘‘tribal organization’’, ‘‘Secretary’’, and ‘‘State’’ have the 

21 meanings given the terms in section 658P of the Child 

22 Care and Development Block Grant Act of 1990 (42 

23 U.S.C. 9858n) except as otherwise provided in this sec24 tion. 


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

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

3 the Child Care and Development Block Grant Act of 1990 

4 (42 U.S.C. 9858m) and this section, the Secretary shall 

5 establish a Child Care Stabilization Fund grants program, 

6 through which the Secretary shall award child care sta7 bilization grants to the lead agency of each State (as de8 fined in that section 658O), territory described in sub9 section (a)(1) of such section, Indian tribe, and tribal or10 ganization from allotments and payments made under 

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

12 of enactment of this Act. 

13 (c) SECRETARIAL RESERVATION AND ALLOT14 MENTS.— 

15 (1) RESERVATION.—The Secretary shall reserve 

16 not more than 1 percent of the funds appropriated 

17 to carry out this section for the Federal administra18 tion of grants described in subsection (b). 

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

20 remainder of the funds appropriated to carry out 

21 this section to award allotments to States, as defined 

22 in section 658O of the Child Care Development 

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

24 payments to territories, Indian tribes, and tribal or25 ganizations in accordance with paragraphs (1) and 


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

2 658O of the Child Care and Development Block 

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

4 (d) STATE RESERVATIONS AND SUBGRANTS.— 

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

6 that receives a child care stabilization grant pursu7 ant to subsection (b) shall reserve not more than 10 

8 percent of such grant funds— 

9 (A) to administer subgrants made to quali10 fied child care providers under paragraph (2), 

11 including to carry out data systems building 

12 and other activities that enable the disburse13 ment of payments of such subgrants; 

14 (B) to provide technical assistance and 

15 support in applying for and accessing the 

16 subgrant opportunity under paragraph (2), to 

17 eligible child care providers (including to family 

18 child care providers, group home child care pro19 viders, and other non-center-based child care 

20 providers and providers with limited administra21 tive capacity), either directly or through re22 source and referral agencies or staffed family 

23 child care networks; 

24 (C) to publicize the availability of sub25 grants under this section and conduct wideVerDate Sep 11 2014 03:09 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4112.IS S4112

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1 spread outreach to eligible child care providers, 

2 including family child care providers, group 

3 home child care providers, and other non-cen4 ter-based child care providers and providers 

5 with limited administrative capacity, either di6 rectly or through resource and referral agencies 

7 or staffed family child care networks, to ensure 

8 eligible child care providers are aware of the 

9 subgrants available under this section; 

10 (D) to carry out the reporting require11 ments described in subsection (f); and 

12 (E) to carry out activities to improve the 

13 supply and quality of child care during and 

14 after the qualifying emergency, such as con15 ducting community needs assessments, carrying 

16 out child care cost modeling, making improve17 ments to child care facilities, increasing access 

18 to licensure or participation in the State’s 

19 tiered quality rating system, and carrying out 

20 other activities described in section 658G(b) of 

21 the Child Care and Development Block Grant 

22 Act of 1990 (42 U.S.C. 9858e(b)), to the extent 

23 that the lead agency can carry out activities de24 scribed in this subparagraph without preventing 

25 the lead agency from fully conducting the acVerDate Sep 11 2014 03:09 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4112.IS S4112

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1 tivities described in subparagraphs (A) through 

2 (D). 

3 (2) SUBGRANTS TO QUALIFIED CHILD CARE

4 PROVIDERS.— 

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

6 use the remainder of the grant funds awarded 

7 pursuant to subsection (b) to make subgrants 

8 to qualified child care providers described in 

9 subparagraph (B), to support the stability of 

10 the child care sector during and after the quali11 fying emergency. The lead agency shall provide 

12 the subgrant funds in advance of provider ex13 penditures for costs described in subsection (e), 

14 except as provided in subsection (e)(2). 

15 (B) QUALIFIED CHILD CARE PROVIDER.— 

16 To be qualified to receive a subgrant under this 

17 paragraph, a provider shall be an eligible child 

18 care provider that— 

19 (i) was providing child care services 

20 on or before March 1, 2020; and 

21 (ii) on the date of submission of an 

22 application for the subgrant, was either— 

23 (I) open and available to provide 

24 child care services; or 


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1 (II) closed due to the qualifying 

2 emergency. 

3 (C) SUBGRANT AMOUNT.—The lead agency 

4 shall make subgrants, from amounts awarded 

5 pursuant to subsection (b), to qualified child 

6 care providers, and the amount of such a 

7 subgrant to such a provider shall— 

8 (i)(I) be based on the provider’s stat9 ed average operating expenses during the 

10 period (of not longer than 6 months) be11 fore March 1, 2020, or, for a provider that 

12 operates seasonally, during a period (of not 

13 longer than 6 months) before the pro14 vider’s last day of operation; and 

15 (II) at minimum cover such operating 

16 expenses for the intended length of the 

17 subgrant; 

18 (ii) account for increased costs of pro19 viding or preparing to provide child care as 

20 a result of the qualifying emergency, such 

21 as provider and employee compensation 

22 and existing benefits (existing as of March 

23 1, 2020) and the implementation of new 

24 practices related to sanitization, group size 

25 limits, and social distancing; 


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1 (iii) be adjusted for payments or reim2 bursements made to an eligible child care 

3 provider to carry out the Child Care and 

4 Development Block Grant Act of 1990 (42 

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

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

7 (iv) be adjusted for payments or reim8 bursements made to an eligible child care 

9 provider through the Paycheck Protection 

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

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

12 636(a)(36)), as added by section 1102 of 

13 the Coronavirus Aid, Relief, and Economic 

14 Security Act (Public Law 116–136). 

15 (D) APPLICATION.— 

16 (i) ELIGIBILITY.—To be eligible to re17 ceive a subgrant under this paragraph, a 

18 child care provider shall submit an applica19 tion to a lead agency at such time and in 

20 such manner as the lead agency may re21 quire. Such application shall include— 

22 (I) a good-faith certification that 

23 the ongoing operations of the child 

24 care provider have been impacted as a 

25 result of the qualifying emergency; 


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1 (II) for a provider described in 

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

3 that, for the duration of the qualifying 

4 emergency— 

5 (aa) the provider will give 

6 priority for available slots (in7 cluding slots that are only tempo8 rarily available) to— 

9 (AA) children of essen10 tial workers (such as health 

11 care sector employees, emer12 gency responders, sanitation 

13 workers, farmworkers, child 

14 care employees, and other 

15 workers determined to be es16 sential during the response 

17 to COVID–19 by public offi18 cials), children of workers 

19 whose places of employment 

20 require their attendance, 

21 children experiencing home22 lessness, children with dis23 abilities, children at risk of 

24 child abuse or neglect, and 

25 children in foster care, in 


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1 States, tribal communities, 

2 or localities where stay-at3 home or related orders are 

4 in effect; or 

5 (BB) children of work6 ers whose places of employ7 ment require their attend8 ance, children experiencing 

9 homelessness, children with 

10 disabilities, children at risk 

11 of child abuse or neglect, 

12 children in foster care, and 

13 children whose parents are 

14 in school or a training pro15 gram, in States, tribal com16 munities, or localities where 

17 stay-at-home or related or18 ders are not in effect; 

19 (bb) the provider will imple20 ment policies in line with guid21 ance from the Centers for Dis22 ease Control and Prevention and 

23 the State, tribal, and local health 

24 authorities, and in accordance 

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1 ders, for child care providers that 

2 remain open, including guidance 

3 on sanitization practices, group 

4 size limits, and social distancing; 

5 (cc) for each employee, the 

6 provider will pay the full com7 pensation described in subsection 

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

9 that was provided to the em10 ployee as of March 1, 2020 (re11 ferred to in this clause as ‘‘full 

12 compensation’’), and will not take 

13 any action that reduces the week14 ly amount of the employee’s com15 pensation below the weekly 

16 amount of full compensation, or 

17 that reduces the employee’s rate 

18 of compensation below the rate of 

19 full compensation; and 

20 (dd) the provider will pro21 vide relief from copayments and 

22 tuition payments for the families 

23 enrolled in the provider’s pro24 gram and prioritize such relief 


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1 for families struggling to make 

2 either type of payment; 

3 (III) for a provider described in 

4 subparagraph (B)(ii)(II), an assur5 ance that— 

6 (aa) for the duration of the 

7 provider’s closure due to the 

8 qualifying emergency, for each 

9 employee, the provider will pay 

10 full compensation, and will not 

11 take any action that reduces the 

12 weekly amount of the employee’s 

13 compensation below the weekly 

14 amount of full compensation, or 

15 that reduces the employee’s rate 

16 of compensation below the rate of 

17 full compensation; 

18 (bb) children enrolled as of 

19 March 1, 2020, will maintain 

20 their slots, unless their families 

21 choose to disenroll the children; 

22 (cc) for the duration of the 

23 provider’s closure due to the 

24 qualifying emergency, the pro25 vider will provide relief from coVerDate Sep 11 2014 03:09 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S4112.IS S4112

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1 payments and tuition payments 

2 for the families enrolled in the 

3 provider’s program and prioritize 

4 such relief for families struggling 

5 to make either type of payment; 

6 and 

7 (dd) the provider will re8 sume operations when the pro9 vider is able to safely implement 

10 policies in line with guidance 

11 from the Centers for Disease 

12 Control and Prevention and the 

13 State, tribal, and local health au14 thorities, and in accordance with 

15 State, tribal, and local orders; 

16 (IV) information about the child 

17 care provider’s— 

18 (aa) program characteristics 

19 sufficient to allow the lead agen20 cy to establish the child care pro21 vider’s priority status, as de22 scribed in subparagraph (F); 

23 (bb) program operational 

24 status on the date of submission 

25 of the application; 


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1 (cc) type of program, includ2 ing whether the program is a 

3 center-based child care, family 

4 child care, group home child care, 

5 or other non-center-based child 

6 care type program; 

7 (dd) total enrollment on the 

8 date of submission of the applica9 tion and total capacity as allowed 

10 by the State and tribal and local 

11 authorities; and 

12 (ee) receipt of assistance, 

13 and amount of assistance, 

14 through a payment or reimburse15 ment described in subparagraph 

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

17 which the assistance was made; 

18 (V) information necessary to de19 termine the amount of the subgrant, 

20 such as information about the pro21 vider’s stated average operating ex22 penses over the appropriate period de23 scribed in subparagraph (C)(i); and 

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1 mine to be necessary to make sub2 grants to qualified child care pro3 viders. 

4 (ii) FREQUENCY.—The lead agency 

5 shall accept and process applications sub6 mitted under this subparagraph on a roll7 ing basis. 

8 (iii) UPDATES.—The lead agency 

9 shall— 

10 (I) at least once a month, verify 

11 by obtaining a self-attestation from 

12 each qualified child care provider that 

13 received such a subgrant from the 

14 agency, whether the provider is open 

15 and available to provide child care 

16 services or is closed due to the quali17 fying emergency; 

18 (II) allow the qualified child care 

19 provider to update the information 

20 provided in a prior application; and 

21 (III) adjust the qualified child 

22 care provider’s subgrant award as 

23 necessary, based on changes to the 

24 application information, including 


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1 changes to the provider’s operational 

2 status. 

3 (iv) EXISTING APPLICATIONS.—If a 

4 lead agency has established and imple5 mented a grant program for child care pro6 viders that is in effect on the date of en7 actment of this Act, and an eligible child 

8 care provider has already submitted an ap9 plication for such a grant to the lead agen10 cy containing the information specified in 

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

12 application as an application submitted 

13 under this subparagraph. If an eligible 

14 child care provider has already submitted 

15 such an application containing part of the 

16 information specified in clause (i), the pro17 vider may submit to the lead agency an ab18 breviated application that contains the re19 maining information, and the lead agency 

20 shall treat the 2 applications as an applica21 tion submitted under this subparagraph. 

22 (E) MATERIALS.— 

23 (i) IN GENERAL.—The lead agency 

24 shall provide the materials and other re25 sources related to such subgrants, includVerDate Sep 11 2014 03:09 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S4112.IS S4112

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1 ing a notification of subgrant opportunities 

2 and application materials, to qualified child 

3 care providers in the most commonly spo4 ken languages in the State. 

5 (ii) APPLICATION.—The application 

6 shall be accessible on the website of the 

7 lead agency within 30 days after the lead 

8 agency receives grant funds awarded pur9 suant to subsection (b) and shall be acces10 sible to all eligible child care providers, in11 cluding family child care providers, group 

12 home child care providers, and other non13 center-based child care providers and pro14 viders with limited administrative capacity. 

15 (F) PRIORITY.—In making subgrants 

16 under this section, the lead agency shall give 

17 priority to qualified child care providers that, 

18 prior to or on March 1, 2020— 

19 (i) provided child care during non20 traditional hours; 

21 (ii) served dual language learners, 

22 children with disabilities, children experi23 encing homelessness, children in foster 

24 care, children from low-income families, or 

25 infants and toddlers; 


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1 (iii) served a high proportion of chil2 dren whose families received subsidies 

3 under the Child Care and Development 

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

5 et seq.) for the child care; or 

6 (iv) operated in localities, including 

7 rural localities, with a low supply of child 

8 care. 

9 (G) PROVIDERS RECEIVING OTHER ASSIST10 ANCE.—The lead agency, in determining wheth11 er a provider is a qualified child care provider, 

12 shall not take into consideration receipt of a 

13 payment or reimbursement described in clause 

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

15 (H) AWARDS.—The lead agency shall equi16 tably make subgrants under this paragraph to 

17 center-based child care providers, family child 

18 care providers, group home child care providers, 

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

20 such that qualified child care providers are able 

21 to access the subgrant opportunity under this 

22 paragraph regardless of the providers’ setting, 

23 size, or administrative capacity. 

24 (I) OBLIGATION.—The lead agency shall 

25 obligate at least 50 percent of funds available 


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1 to carry out this section for subgrants described 

2 in this paragraph, by December 31, 2020. 

3 (e) USES OF FUNDS.— 

4 (1) IN GENERAL.—A qualified child care pro5 vider that receives funds through such a subgrant 

6 may use the funds for the costs of— 

7 (A) payroll; 

8 (B) employee benefits, including group 

9 health plan benefits during periods of paid sick, 

10 medical, or family leave, and insurance pre11 miums; 

12 (C) employee salaries or similar compensa13 tion, including any income or other compensa14 tion to a sole proprietor or independent con15 tractor that is a wage, commission, income, net 

16 earnings from self-employment, or similar com17 pensation; 

18 (D) payment on any mortgage obligation; 

19 (E) rent (including rent under a lease 

20 agreement); 

21 (F) utilities; 

22 (G) insurance; 

23 (H) providing premium pay for child care 

24 providers and other employees who provide 

25 services during the qualifying emergency; 


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1 (I) sanitization and other costs associated 

2 with cleaning; 

3 (J) personal protective equipment and 

4 other equipment necessary to carry out the 

5 functions of the child care provider; 

6 (K) training and professional development 

7 related to health and safety practices, including 

8 the proper implementation of policies in line 

9 with guidance from the Centers for Disease 

10 Control and Prevention and the State, tribal, 

11 and local health authorities, and in accordance 

12 with State, tribal, and local orders; 

13 (L) modifications to child care services as 

14 a result of the qualifying emergency, such as 

15 limiting group sizes, adjusting staff-to-child ra16 tios, and implementing other heightened health 

17 and safety measures; 

18 (M) mental health services and supports 

19 for children and employees; and 

20 (N) other goods and services necessary to 

21 maintain or resume operation of the child care 

22 program, or to maintain the viability of the 

23 child care provider as a going concern during 

24 and after the qualifying emergency. 


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1 (2) REIMBURSEMENT.—The qualified child care 

2 provider may use the subgrant funds to reimburse 

3 the provider for sums obligated or expended before 

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

5 good or service described in paragraph (1) to re6 spond to the qualifying emergency. 

7 (f) REPORTING.— 

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

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

10 making the agency’s first subgrant under subsection 

11 (d)(2) to a qualified child care provider, submit a re12 port to the Secretary that includes— 

13 (A) data on qualified child care providers 

14 that applied for subgrants and qualified child 

15 care providers that received such subgrants, in16 cluding— 

17 (i) the number of such applicants and 

18 the number of such recipients; 

19 (ii) the number and proportion of 

20 such applicants and recipients that re21 ceived priority and the characteristic or 

22 characteristics of such applicants and re23 cipients associated with the priority; 

24 (iii) the number and proportion of 

25 such applicants and recipients that are— 


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1 (I) center-based child care pro2 viders; 

3 (II) family child care providers; 

4 (III) group home child care pro5 viders; or 

6 (IV) other non-center-based child 

7 care providers; and 

8 (iv) within each of the groups listed in 

9 clause (iii), the number of such applicants 

10 and recipients that are, on the date of sub11 mission of the application— 

12 (I) open and available to provide 

13 child care services; or 

14 (II) closed due to the qualifying 

15 emergency; 

16 (B) the total capacity of child care pro17 viders that are licensed, regulated, or registered 

18 in the State on the date of the submission of 

19 the report; 

20 (C) a description of— 

21 (i) the efforts of the lead agency to 

22 publicize the availability of subgrants 

23 under this section and conduct widespread 

24 outreach to eligible child care providers 

25 about such subgrants, including efforts to 


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1 make materials available in languages 

2 other than English; 

3 (ii) the lead agency’s methodology for 

4 determining amounts of subgrants under 

5 subsection (d)(2); 

6 (iii) the lead agency’s timeline for dis7 bursing the subgrant funds; and 

8 (iv) the lead agency’s plan for ensur9 ing that qualified child care providers that 

10 receive funding through such a subgrant 

11 comply with assurances described in sub12 section (d)(2)(D) and use funds in compli13 ance with subsection (e); and 

14 (D) such other limited information as the 

15 Secretary may require. 

16 (2) QUARTERLY REPORT.—The lead agency 

17 shall, following the submission of such initial report, 

18 submit to the Secretary a report that contains the 

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

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

21 funds allotted for activities authorized under this 

22 section are expended. 

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

24 after a lead agency receiving a grant under this sec25 tion has obligated all of the grant funds (including 


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1 funds received under subsection (h)), the lead agen2 cy shall submit a report to the Secretary, in such 

3 manner as the Secretary may require, that in4 cludes— 

5 (A) the total number of eligible child care 

6 providers who were providing child care services 

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

8 the number of such providers that submitted an 

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

10 (B) the number of qualified child care pro11 viders in the State that received funds through 

12 the grant; 

13 (C) the lead agency’s methodology for de14 termining amounts of subgrants under sub15 section (d)(2); 

16 (D) the average and range of the subgrant 

17 amounts by provider type (center-based child 

18 care, family child care, group home child care, 

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

20 (E) the percentages, of the child care pro21 viders that received such a subgrant, that, on or 

22 before March 1, 2020— 

23 (i) provided child care during non24 traditional hours; 


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1 (ii) served dual language learners, 

2 children with disabilities, children experi3 encing homelessness, children in foster 

4 care, children from low-income families, or 

5 infants and toddlers; 

6 (iii) served a high percentage of chil7 dren whose families received subsidies 

8 under the Child Care and Development 

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

10 et seq.) for the child care; and 

11 (iv) operated in localities, including 

12 rural localities, with a low supply of child 

13 care; 

14 (F) the number of children served by the 

15 child care providers that received such a 

16 subgrant, for the duration of the subgrant; 

17 (G) the percentages, of the child care pro18 viders that received such a subgrant, that are— 

19 (i) center-based child care providers; 

20 (ii) family child care providers; 

21 (iii) group home child care providers; 

22 or 

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

24 providers; 


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1 (H) the percentages, of the child care pro2 viders listed in subparagraph (G) that are, on 

3 the date of submission of the application— 

4 (i) open and available to provide child 

5 care services; or 

6 (ii) closed due to the qualifying emer7 gency; 

8 (I) information about how child care pro9 viders used the funds received under such a 

10 subgrant; 

11 (J) information about how the lead agency 

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

13 and 

14 (K) information about how the subgrants 

15 helped to stabilize the child care sector. 

16 (4) REPORTS TO CONGRESS.— 

17 (A) FINDINGS FROM INITIAL REPORTS.— 

18 Not later than 60 days after receiving all re19 ports required to be submitted under paragraph 

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

21 Committee on Education and Labor and the 

22 Committee on Appropriations of the House of 

23 Representatives and to the Committee on 

24 Health, Education, Labor, and Pensions and 

25 the Committee on Appropriations of the Senate, 


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1 summarizing the findings from the reports re2 ceived under paragraph (1). 

3 (B) FINDINGS FROM FINAL REPORTS.— 

4 Not later than 36 months after the date of en5 actment of this Act, the Secretary shall provide 

6 a report to the Committee on Education and 

7 Labor and the Committee on Appropriations of 

8 the House of Representatives and to the Com9 mittee on Health, Education, Labor, and Pen10 sions and the Committee on Appropriations of 

11 the Senate, summarizing the findings from the 

12 reports received under paragraph (3). 

13 (g) SUPPLEMENT NOT SUPPLANT.—Amounts made 

14 available to carry out this section shall be used to supple15 ment and not supplant other Federal, State, and local 

16 public funds expended to provide child care services for 

17 eligible individuals, including funds provided under the 

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

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

20 (h) REALLOTMENT OF UNOBLIGATED FUNDS.— 

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

22 tribe, or tribal organization shall return to the Sec23 retary any grant funds received under this section 

24 that the State, Indian tribe, or tribal organization 

25 does not obligate by September 30, 2021. 


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1 (2) REALLOTMENT.—The Secretary shall award 

2 new allotments and payments, in accordance with 

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

4 tribal organizations from funds that are returned 

5 under paragraph (1) within 60 days of receiving 

6 such funds. Funds made available through the new 

7 allotments and payments shall remain available to 

8 each such covered State, Indian tribe, or tribal orga9 nization until September 30, 2022. 

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

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

12 covered State, Indian tribe, or tribal organization is 

13 a State, Indian tribe, or tribal organization that re14 ceived an allotment or payment under this section 

15 and was not required to return grant funds under 

16 paragraph (1). 

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

18 Block Grant Act of 1990 (42 U.S.C. 9857 et seq.), exclud19 ing requirements in subparagraphs (C) through (E) of sec20 tion 658E(c)(3), section 658G, and section 658J(c) of 

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

22 apply to child care services provided under this section to 

23 the extent the application of such Act does not conflict 

24 with the provisions of this section. Nothing in this section 

25 shall be construed to require a State, Indian tribe, or tribVerDate Sep 11 2014 03:09 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S4112.IS S4112

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1 al organization to submit an application, other than the 

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

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

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

5 section. 

6 (j) AUTHORIZATION OF APPROPRIATIONS.— 

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

8 appropriated, and there is appropriated, out of any 

9 money in the Treasury not already appropriated, to 

10 carry out this section $50,000,000,000 for fiscal 

11 year 2020, to remain available until expended. 

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

13 Care and Development Block Grant Act of 1990 

14 with funds other than the funds appropriated under 

15 paragraph (1), the Secretary shall calculate the 

16 amounts of appropriated funds described in sub17 sections (a) and (b) of section 658O of such Act (42 

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

19 under paragraph (1). 


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1 TITLE II—SUPPORT FOR 

2 STUDENTS AND SCHOOLS 

3 Subtitle A—Education Stabilization 

4 Fund Improvements 

5 SEC. 211. INCREASE IN APPROPRIATIONS. 

6 There is appropriated, out of amounts in the Treas7 ury not otherwise appropriated, for an additional amount 

8 for the Education Stabilization Fund, as established under 

9 division B of the Coronavirus Aid, Relief, and Economic 

10 Security Act (Public Law 116–136), $345,000,000,000, 

11 to remain available through fiscal year 2021, to prevent, 

12 prepare for, and respond to COVID–19, domestically or 

13 internationally. 

14 SEC. 212. EDUCATION STABILIZATION FUNDS. 

15 (a) EDUCATION STABILIZATION FUNDS.—Section 

16 18001 of division B of the Coronavirus Aid, Relief, and 

17 Economic Security Act (Public Law 116–136) is amended 

18 to read as follows: 

19 ‘‘EDUCATION STABILIZATION FUND

20 ‘‘SEC. 18001. (a) ALLOCATIONS.— 

21 ‘‘(1) IN GENERAL.—From any amounts made 

22 available for this heading to carry out the Education 

23 Stabilization Fund, the Secretary shall first allo24 cate— 


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1 ‘‘(A) not more than one-half of 1 percent 

2 to the outlying areas on the basis of their re3 spective needs, as determined by the Secretary, 

4 in consultation with the Secretary of the Inte5 rior; and 

6 ‘‘(B) one-half of 1 percent for the Sec7 retary of Interior, in consultation with the Sec8 retary of Education, for programs operated or 

9 funded by the Bureau of Indian Education and 

10 Tribal Colleges or Universities. 

11 ‘‘(2) TIMING REQUIREMENT.—By not later 

12 than 30 days after the date of enactment of an Act 

13 appropriating or otherwise making available 

14 amounts to carry out the Education Stabilization 

15 Fund, the Secretary shall make the allocations re16 quired under paragraph (1). 

17 ‘‘(b) RESERVATIONS.—After carrying out subsection 

18 (a), the Secretary shall reserve the remaining funds made 

19 available as follows: 

20 ‘‘(1) 9.8 percent to carry out section 18002 of 

21 this title. 

22 ‘‘(2) 51.3 percent to carry out section 18003 of 

23 this title. 

24 ‘‘(3) 38.9 percent to carry out section 18004 of 

25 this title.’’. 


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1 (b) GOVERNOR’S EMERGENCY EDUCATION RELIEF

2 FUND.—Section 18002(c) of the Coronavirus Aid, Relief, 

3 and Economic Security Act (Public Law 116–136) is 

4 amended— 

5 (1) in paragraph (2), by striking ‘‘and’’; and 

6 (2) by striking paragraph (3) and inserting the 

7 following: 

8 ‘‘(3) provide support to early childhood edu9 cation programs, as defined in section 103 of the 

10 Higher Education Act of 1965 (20 U.S.C. 1003), in11 cluding State and local prekindergarten programs, 

12 within the State that the Governor deems essential 

13 for promoting continuity of care and educational 

14 services for children; and 

15 ‘‘(4) provide support to any other institution of 

16 higher education, local educational agency, edu17 cational service agency, area career and technical 

18 education school (as defined in section 3 of the Carl 

19 D. Perkins Career and Technical Education Act of 

20 2006 (20 U.S.C. 2302)), or eligible provider of adult 

21 education and literacy activities (as such terms are 

22 defined in section 203 of the Workforce Innovation 

23 and Opportunity Act (29 U.S.C. 3272)) within the 

24 State that the Governor deems essential for carrying 

25 out emergency educational services to students for 


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1 authorized activities described in section 

2 18003(d)(1)(A) of this title or the Higher Education 

3 Act of 1965 (20 U.S.C. 1001 et seq.), the provision 

4 of child care and early childhood education, social 

5 and emotional support, and the protection of edu6 cation-related jobs.’’. 

7 (c) ELEMENTARY AND SECONDARY SCHOOL EMER8 GENCY RELIEF FUND.—Subsections (d) and (e) of section 

9 18003 of division B of the Coronavirus Aid, Relief, and 

10 Economic Security Act are amended to read as follows: 

11 ‘‘(d) USES OF FUNDS.— 

12 ‘‘(1) IN GENERAL.—A local educational agency 

13 that receives funds under this title may, subject to 

14 paragraph (2), use the funds for any of the fol15 lowing: 

16 ‘‘(A) Any activity authorized by the Ele17 mentary and Secondary Education Act of 1965, 

18 including the Native Hawaiian Education Act 

19 and the Alaska Native Educational Equity, 

20 Support, and Assistance Act (20 U.S.C. 6301 

21 et seq.), the Individuals with Disabilities Edu22 cation Act (29 U.S.C. 3271 et seq.), the Adult 

23 Education and Family Literacy Act (29 U.S.C. 

24 3271 et seq.), the Carl D. Perkins Career and 

25 Technical Education Act of 2006 (20 U.S.C. 


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1 2301 et seq.), or subtitle B of title VII of the 

2 McKinney-Vento Homeless Assistance Act (42 

3 U.S.C. 11431 et seq.). 

4 ‘‘(B) Coordination of preparedness and re5 sponse efforts of local educational agencies with 

6 State, local, Tribal, and territorial public health 

7 departments, and other relevant agencies, to 

8 improve coordinated responses among such enti9 ties to prevent, prepare for, respond to, and 

10 mitigate the spread of COVID–19, including— 

11 ‘‘(i) developing strategies and imple12 menting public health protocols for the re13 opening and operation of school facilities to 

14 effectively maintain the health and safety 

15 of students, educators, and other staff; and 

16 ‘‘(ii) addressing school management 

17 and operation issues due to social 

18 distancing and the COVID–19 pandemic, 

19 including issues related to transportation 

20 services, school schedules, food services, 

21 the health and safety of students, edu22 cators, and other staff, environmental 

23 management, and cleaning, sanitizing and 

24 disinfecting educational facilities. 


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1 ‘‘(C) Providing principals and other school 

2 leaders with the resources necessary to address 

3 the needs of their individual schools, including 

4 effectively communicating with families and 

5 staff, improving instruction provided to stu6 dents through distance education, and sup7 porting the social and emotional wellbeing of 

8 students, educators, and other staff. 

9 ‘‘(D) Activities to address the needs of low10 income students, children with disabilities, 

11 English learners, students of color, students ex12 periencing homelessness, migrant children, chil13 dren and youth in foster care, and students in14 volved with the juvenile justice system, includ15 ing outreach and service delivery to meet the 

16 needs of each population. 

17 ‘‘(E) Developing and implementing proce18 dures and systems to improve the preparedness 

19 and response efforts of local educational agen20 cies. 

21 ‘‘(F) Meeting the social, emotional, and 

22 academic needs of students and educators dur23 ing a qualifying emergency, including— 

24 ‘‘(i) providing mental health services 

25 and trauma-informed supports, including 


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1 universal screening and other evidence2 based prevention practices; 

3 ‘‘(ii) measuring students’ current aca4 demic progress and addressing learning 

5 loss, including using diagnostic assess6 ments to identify students’ needs; 

7 ‘‘(iii) providing professional develop8 ment for educators, paraprofessionals, 

9 principals, other school leaders, specialized 

10 instructional support personnel, and other 

11 staff to respond to students’ needs, includ12 ing professional development on the use of 

13 diagnostic assessments described in para14 graph (2)(A); and 

15 ‘‘(iv) supporting access to school-age 

16 child care and services provided by commu17 nity learning centers. 

18 ‘‘(G)(i) Purchasing supplies to sanitize and 

19 clean the facilities of a local educational agency, 

20 including buildings operated by such agency, 

21 and purchasing personal protective equipment 

22 for educators and other staff and students. 

23 ‘‘(ii) Providing training or professional de24 velopment to educators, principals, other school 

25 leaders, and other staff of the local educational 


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1 agency on sanitation, the use of personal pro2 tective equipment, and minimizing the spread of 

3 infectious diseases. 

4 ‘‘(H) Planning, coordinating, and imple5 menting activities during long-term and short6 term school closures and staggered school 

7 schedules, including— 

8 ‘‘(i) providing meals to eligible stu9 dents; 

10 ‘‘(ii) providing technology and 

11 connectivity for online learning to all stu12 dents; 

13 ‘‘(iii) coordinating with child care pro14 viders and community learning centers to 

15 provide child care and after-school care; 

16 ‘‘(iv) providing guidance for carrying 

17 out requirements under the Individuals 

18 with Disabilities Education Act (20 U.S.C. 

19 1401 et seq.); and 

20 ‘‘(v) ensuring other educational serv21 ices can continue to be provided consistent 

22 with all Federal, State, and local require23 ments. 

24 ‘‘(I) Purchasing educational technology 

25 (including hardware, software, and connectivity) 


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1 for students who are served by the local edu2 cational agency that aids in regular and sub3 stantive educational interaction between stu4 dents and their classroom instructors, including 

5 low-income students and children with disabil6 ities, which may include assistive technology or 

7 adaptive equipment. 

8 ‘‘(J) Improving academic instruction pro9 vided to students during a qualifying emer10 gency, including— 

11 ‘‘(i) providing professional develop12 ment to educators, paraprofessionals, prin13 cipals, other school leaders, specialized in14 structional support personnel, and other 

15 staff on— 

16 ‘‘(I) effective high-quality and 

17 standards-based instruction through 

18 distance education, including— 

19 ‘‘(aa) how to effectively de20 liver online and blended learning 

21 as a long-term instructional 

22 strategy and for supplemental in23 struction to address learning loss; 

24 and 


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1 ‘‘(bb) how to ensure instruc2 tion is accessible to all students, 

3 including children with disabil4 ities and English learners; 

5 ‘‘(ii) managing online tools and plat6 forms; 

7 ‘‘(iii) providing students with real8 time instruction, progress monitoring, and 

9 feedback; 

10 ‘‘(iv) administering diagnostic assess11 ments and using such data to improve in12 struction; 

13 ‘‘(v) tracking student attendance and 

14 improving student engagement in distance 

15 education; and 

16 ‘‘(vi) providing resources and assist17 ance to parents to support students en18 gagement with distance education, includ19 ing in online or blended learning environ20 ments. 

21 ‘‘(K) Planning and implementing activities 

22 related to summer learning, supplemental after23 school programs, and extending the school day 

24 or school year, including providing classroom 

25 instruction or distance education during the 


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1 summer months and addressing the needs of 

2 low-income students, children with disabilities, 

3 English learners, migrant children, students ex4 periencing homelessness, children and youth in 

5 foster care, and students involved with the juve6 nile justice system. 

7 ‘‘(L) Supporting secondary school students 

8 in transitioning from high school to postsec9 ondary education, including by— 

10 ‘‘(i) coordinating with institutions of 

11 higher education; 

12 ‘‘(ii) advising such students on dual 

13 enrollment or early college opportunities, 

14 and providing such opportunities to such 

15 students; and 

16 ‘‘(iii) advising such students on col17 lege enrollment options and policies, the 

18 availability of need-based financial aid, and 

19 completing the Free Application for Fed20 eral Student Aid. 

21 ‘‘(M) Other activities that are necessary to 

22 maintain the operation of and continuity of 

23 services in local educational agencies and con24 tinuing to employ existing staff of the local edu25 cational agency. 


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1 ‘‘(2) ADDRESSING LEARNING LOSS.—A local 

2 educational agency that receives funds under this 

3 section shall use not less than 20 percent of such 

4 funds to measure academic progress and address 

5 learning loss among students, including low-income 

6 students, students of color, children with disabilities, 

7 English learners, migrant children, students experi8 encing homelessness, children and youth in foster 

9 care, and students involved with the juvenile justice 

10 system, of the local educational agency, including 

11 by— 

12 ‘‘(A) administering and using high-quality 

13 diagnostic assessments that are valid and reli14 able, to accurately assess students’ academic 

15 progress and assist educators in meeting stu16 dents’ academic needs, including through dif17 ferentiating instruction; 

18 ‘‘(B) implementing evidence-based activi19 ties to meet the comprehensive needs of stu20 dents, which may include— 

21 ‘‘(i) implementing any program or ac22 tivity described in section 4108 of the Ele23 mentary and Secondary Education Act of 

24 1965 (20 U.S.C. 7118); 


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1 ‘‘(ii) supporting social-emotional 

2 learning; 

3 ‘‘(iii) implementing universal 

4 screenings for adverse childhood experi5 ences and trauma and implementing inter6 ventions in response to such screenings; 

7 ‘‘(iv) implementing culturally respon8 sive practices; and 

9 ‘‘(v) extending instructional time, 

10 which may include high-quality distance in11 struction, during non-traditional school 

12 days and hours (including during the sum13 mer); 

14 ‘‘(C) providing professional development to 

15 educators and other staff on how to— 

16 ‘‘(i) address students’ social, emo17 tional, and academic needs; 

18 ‘‘(ii) modify instruction and sched19 uling to accelerate students’ academic 

20 progress; 

21 ‘‘(iii) effectively implement distance 

22 learning, including strategies for address 

23 the learning needs of low-income students, 

24 students of color, children with disabilities, 

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1 dents experiencing homelessness, children 

2 and youth in foster care, and students in3 volved in the juvenile justice system; and 

4 ‘‘(iv) use diagnostic assessments to in5 dividualize academic instruction; and 

6 ‘‘(D) providing information and assistance 

7 to parents and families on how they can effec8 tively support students, including in a distance 

9 learning environment. 

10 ‘‘(e) STATE FUNDING.—A State receiving a grant 

11 under this section— 

12 ‘‘(1) shall reserve not less than 5 percent of the 

13 grant for activities related to addressing learning 

14 loss, which— 

15 ‘‘(A) shall include determining students’ 

16 academic, social, and emotional needs, 

17 through— 

18 ‘‘(i) ensuring local educational agen19 cies implement high-quality diagnostic as20 sessments that are valid and reliable; 

21 ‘‘(ii) developing and implementing 

22 methods to periodically measure student 

23 academic progress and student engagement 

24 and well-being; and 


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1 ‘‘(iii) reporting on the academic 

2 progress, engagement, and well-being of 

3 students, in accordance with the require4 ments under section 444 of the General 

5 Education Provisions Act (20 U.S.C. 

6 1232g) (commonly known as the ‘Family 

7 Educational Rights and Privacy Act of 

8 1974’) and in a way that protects stu9 dents’ personally identifiable information; 

10 and 

11 ‘‘(B) may include— 

12 ‘‘(i) implementing policies to support 

13 extending instructional time; 

14 ‘‘(ii) providing professional develop15 ment to educators and other staff on how 

16 to— 

17 ‘‘(I) address students’ social, 

18 emotional, and academic needs; 

19 ‘‘(II) modify instruction and 

20 scheduling to accelerate students’ aca21 demic progress; 

22 ‘‘(III) effectively implement dis23 tance learning, including strategies to 

24 address the learning needs of low-in25 come students, students of color, chilVerDate Sep 11 2014 03:09 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S4112.IS S4112

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1 dren with disabilities, English learn2 ers, migrant children, students experi3 encing homelessness, children and 

4 youth in foster care, and students in5 volved with the juvenile justice sys6 tem; and 

7 ‘‘(IV) use diagnostic assessments 

8 to individualize academic instruction; 

9 and 

10 ‘‘(iii) implementing activities to im11 prove the quality of distance learning dur12 ing a qualifying emergency; and 

13 ‘‘(2) may reserve— 

14 ‘‘(A) not more than one-half of 1 percent 

15 of the grant for administrative costs; and 

16 ‘‘(B) the remainder for emergency needs as 

17 determined by the State educational agency to 

18 address issues responding to COVID–19, which 

19 may be addressed through the use of grants or 

20 contracts.’’. 

21 (d) HIGHER EDUCATION EMERGENCY RELIEF

22 FUND.— 

23 (1) IN GENERAL.—Section 18004 of division B 

24 of the Coronavirus Aid, Relief, and Economic Secu25 rity Act (Public Law 116–136) is amended— 


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1 (A) in subsection (a)— 

2 (i) in paragraph (1)— 

3 (I) in the matter preceding sub4 paragraph (A)— 

5 (aa) by inserting ‘‘(defined 

6 as an institution described in sec7 tion 101 or section 102(c) of the 

8 Higher Education Act of 1965 

9 (20 U.S.C. 1001, 1002(c))’’ after 

10 ‘‘higher education’’; and 

11 (bb) by striking 

12 ‘‘coronavirus’’ and inserting ‘‘a 

13 qualifying emergency’’; and 

14 (II) in each of subparagraphs (A) 

15 and (B)— 

16 (aa) by striking ‘‘full-time 

17 equivalent’’ and inserting ‘‘the 

18 total’’; 

19 (bb) by striking ‘‘are’’ and 

20 inserting ‘‘were’’; and 

21 (cc) by striking 

22 ‘‘coronavirus’’ and inserting 

23 ‘‘qualifying’’; 

24 (ii) in paragraph (2)— 


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1 (I) by striking ‘‘coronavirus’’ and 

2 inserting ‘‘the qualifying emergency’’; 

3 (II) by inserting ‘‘mandatory 

4 funding and’’ after ‘‘the relative share 

5 of’’; and 

6 (III) by striking ‘‘(as defined 

7 under’’ and all that follows through 

8 ‘‘child care’’; and 

9 (iii) by striking paragraph (3) and in10 serting the following: 

11 ‘‘(3) 1 percent, to be distributed among each in12 stitution of higher education, as defined by section 

13 102 of the Higher Education Act of 1965 (20 

14 U.S.C. 1002), that enrolled 100 percent of students 

15 of the institution exclusively in distance education 

16 prior to the qualifying emergency, by apportioning 

17 it— 

18 ‘‘(A) 75 percent according to the relative 

19 share of the total enrollment of Federal Pell 

20 Grant recipients who were exclusively enrolled 

21 in distance education courses prior to the quali22 fying emergency; and 

23 ‘‘(B) 25 percent according to the relative 

24 share of the total enrollment of students who 

25 were not Federal Pell Grant recipients and who 


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1 were exclusively enrolled in distance education 

2 courses prior to the qualifying emergency. 

3 ‘‘(4) 1.5 percent to be distributed among each 

4 institution described in section 102(b) of the Higher 

5 Education Act of 1965 (20 U.S.C. 1002(b)) to pre6 vent, prepare for, and respond to the qualifying 

7 emergency, by apportioning it— 

8 ‘‘(A) 75 percent according to the relative 

9 share of the total enrollment of Federal Pell 

10 Grant recipients who were not exclusively en11 rolled in distance education courses prior to the 

12 qualifying emergency; and 

13 ‘‘(B) 25 percent according to the relative 

14 share of the total enrollment of students who 

15 were not Federal Pell Grant recipients who 

16 were not exclusively enrolled in distance edu17 cation courses prior to the qualifying emer18 gency.’’; 

19 (B) by striking subsections (b) and (c) and 

20 inserting the following: 

21 ‘‘(b) MINORITY SERVING INSTITUTIONS AND PART A 

22 OF TITLE III INSTITUTIONS.— 

23 ‘‘(1) IN GENERAL.—The funds made available 

24 under subsection (a)(2) for awards under part A 

25 (other than sections 316 through 320) of title III, 


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1 sections 317, 318, 319, and 320, and parts A and 

2 B of title V, of the Higher Education Act of 1965, 

3 shall be distributed by the Secretary through an ap4 plication process as described in paragraph (4). 

5 ‘‘(2) ELIGIBILITY REQUIREMENTS.—The insti6 tutions that are eligible to submit an applications for 

7 funds made available under subsection (a)(2) are as 

8 follows: 

9 ‘‘(A) An eligible institution that received a 

10 ‘5’ or ‘6’ code in the Secretary’s fiscal year 

11 2020 Eligibility Matrix. 

12 ‘‘(B) An eligible institution that success13 fully applied for eligibility under part A (other 

14 than sections 316 through 320) of title III, sec15 tion 317, 318, 319, or 320, or part A or B of 

16 title V, of the Higher Education Act of 1965, 

17 based on an application submitted— 

18 ‘‘(i) not later than January 31, 2020; 

19 ‘‘(ii) after the date of enactment of 

20 this Act and before the date of enactment 

21 of the Coronavirus Child Care and Edu22 cation Relief Act; or 

23 ‘‘(iii) not later than 45 days after the 

24 date of enactment of the Coronavirus Child 

25 Care and Education Relief Act. 


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1 ‘‘(3) APPLICATIONS FOR ELIGIBILITY.—The 

2 Secretary shall— 

3 ‘‘(A) make available an application to insti4 tutions to apply for eligibility in accordance 

5 with paragraph (2)(B)(iii); and 

6 ‘‘(B) make a determination of eligibility for 

7 an institution that applies under paragraph 

8 (2)(B)(iii) not later than 10 days after the date 

9 of receipt of such application. 

10 ‘‘(4) ALLOTMENTS.— 

11 ‘‘(A) IN GENERAL.—In determining the al12 lotments for awards under this section for part 

13 A (other than sections 316 through 320) of title 

14 III, sections 317, 318, 319, and 320, and parts 

15 A and B of title V, of the Higher Education 

16 Act of 1965, the Secretary shall carry out the 

17 following: 

18 ‘‘(i) Notwithstanding any application 

19 requirements under section 318(f), 391, or 

20 521 of the Higher Education Act of 1965 

21 (20 U.S.C. 1059e(f), 20 U.S.C. 1068, 20 

22 U.S.C. 1103), the Secretary shall issue a 

23 streamlined common application for all in24 stitutions eligible under paragraph (1) to 

25 use to— 


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1 ‘‘(I) demonstrate unmet needs as 

2 described in subparagraph (B); and 

3 ‘‘(II) the ways that the institu4 tion will use the funds to ameliorate 

5 such needs. 

6 ‘‘(ii) In the case of an institution eligi7 ble for an award under section 318 of the 

8 Higher Education Act of 1965 (20 U.S.C. 

9 1059e) that submits an application under 

10 clause (i), the Secretary shall allot funding 

11 according to the formula under section 

12 318(e) of such Act. 

13 ‘‘(iii) The Secretary may allow cumu14 lative awards to an institution that dem15 onstrates significant unmet needs and is 

16 eligible for an award under 2 or more of 

17 the following: Sections 317, 318, 319, and 

18 320, and part A and part B of title V of 

19 such Act. 

20 ‘‘(iv) In the case of an institution that 

21 is eligible for 1 or more awards under sec22 tion 317, 318, 319, or 320, or part A or 

23 B of title V, of such Act, and is eligible for 

24 an award under part A (other than sec25 tions 316 through 320) of title III of such 


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1 Act, the Secretary shall award such insti2 tution the greater of— 

3 ‘‘(I) the 1 or more awards under 

4 section 317, 318, 319, or 320, or part 

5 A or B of title V, of such Act (in ac6 cordance with clause (iii)); or 

7 ‘‘(II) the award under part A 

8 (other than sections 316 through 320) 

9 of title III of such Act. 

10 ‘‘(B) UNMET NEEDS.— 

11 ‘‘(i) IN GENERAL.—In demonstrating 

12 unmet needs for purposes of subparagraph 

13 (A), an eligible institution shall describe— 

14 ‘‘(I) the decline in revenues at 

15 the institution, on a dollar and per16 centage basis; 

17 ‘‘(II) any exceptional costs or 

18 challenges implementing distance edu19 cation due to a lack of technological 

20 infrastructure, including due to stu21 dents who lack access to adequate 

22 technology to move to distance edu23 cation; and 

24 ‘‘(III) the outstanding need to 

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1 ponent of the student’s cost of attend2 ance. 

3 ‘‘(ii) CONSIDERATION BY SEC4 RETARY.—Except for institutions eligible 

5 for an award under section 318 of the 

6 Higher Education Act of 1965, the Sec7 retary shall make competitive awards to el8 igible institutions under this paragraph 

9 based on the criteria described in clause 

10 (i). 

11 ‘‘(5) ALLOTMENTS TO ELIGIBLE INSTITUTIONS

12 UNDER PART B OF TITLE III AND SUBPART 4 OF

13 PART A OF TITLE VII OF THE HIGHER EDUCATION

14 ACT OF 1965.—Notwithstanding the application re15 quirements under sections 325, 326(d), and 723(c) 

16 of the Higher Education Act of 1965 (20 U.S.C. 

17 1063a, 1063b(d), 1136a(c)), from the funds made 

18 available under subsection (a)(2) for awards under 

19 part B of title III and subpart 4 of part A of title 

20 VII of the Higher Education Act of 1965 for a fiscal 

21 year, the Secretary shall allot to each institution eli22 gible for assistance under any of the programs au23 thorized under such provisions an amount from the 

24 funds using the following formula: 


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1 ‘‘(A) 70 percent according to a ratio equiv2 alent to the number of Federal Pell Grant re3 cipients in attendance at such institution at the 

4 end of the school year preceding the beginning 

5 of that fiscal year and the total number of Fed6 eral Pell Grant recipients at all such institu7 tions at the end of such school year. 

8 ‘‘(B) 20 percent according to a ratio equiv9 alent to the number of students enrolled at 

10 such institution at the end of the school year 

11 preceding the beginning of that fiscal year and 

12 the total number of students enrolled at all 

13 such institutions at the end of such school year. 

14 ‘‘(C) 10 percent, divided proportionately 

15 among all such institutions based on the ratio 

16 of the total endowment size at all such institu17 tions at the end of the school year preceding 

18 the beginning of that fiscal year and the endow19 ment size at each such institution. 

20 ‘‘(6) ALLOTMENTS FOR ELIGIBLE INSTITU21 TIONS UNDER SECTION 316 OF HIGHER EDUCATION

22 ACT.—Notwithstanding the application requirement 

23 under section 316(d)(2) of the Higher Education 

24 Act of 1965 (20 U.S.C. 1059c(d)(2)), from the 

25 funds made available under subsection (a)(2) for 


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1 awards under section 316 of such Act, the Secretary 

2 shall allot funding to eligible institutions according 

3 to the formula in section 316(d)(3)(B) of such Act. 

4 ‘‘(7) BRIEFING.—The Secretary shall brief the 

5 authorizing committees (as defined in section 103 of 

6 the Higher Education Act of 1965 (20 U.S.C. 

7 1003)) and the Committee on Appropriations of the 

8 Senate and the Committee on Appropriations of the 

9 House of Representatives not later than 10 days be10 fore the date the applications under paragraphs (3) 

11 and (4) are made available and not later than 10 

12 days before the date the Secretary announces 

13 awards under paragraphs (4), (5), and (6). 

14 ‘‘(c) USES OF FUNDS.—Except as otherwise specified 

15 in subsection (a): 

16 ‘‘(1) An institution of higher education receiv17 ing funds under paragraphs (1) and (2) of sub18 section (a)— 

19 ‘‘(A) may use the funds received to defray 

20 expenses (including lost revenue, reimbursement 

21 for expenses already incurred, technology costs 

22 associated with a transition to distance edu23 cation, faculty and staff trainings, and payroll) 

24 incurred by institutions of higher education due 

25 to the qualifying emergency; and 


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1 ‘‘(B) notwithstanding any other provision 

2 of law, shall use not less than 50 percent of 

3 such funds to provide emergency financial aid 

4 grants to students— 

5 ‘‘(i) for any component of the stu6 dent’s cost of attendance; and 

7 ‘‘(ii) with the institution solely deter8 mining which students receive such grants, 

9 which may include any student enrolled in 

10 the institution (including students exclu11 sively enrolled in distance education). 

12 ‘‘(2) An institution of higher education receiv13 ing funds under subsection (a)(3) shall, notwith14 standing any other provision of law, use all such 

15 funds to provide emergency financial aid grants to 

16 students for any component of the student’s cost of 

17 attendance, with the institution solely determining 

18 which students receive such grants, which may in19 clude any student enrolled in the institution. 

20 ‘‘(3) An institution of higher education receiv21 ing funds under subsection (a)(4) shall, notwith22 standing any other provision of law, use all such 

23 funds to provide emergency financial aid grants to 

24 students— 


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1 ‘‘(A) for any component of the student’s 

2 cost of attendance; and 

3 ‘‘(B) with the institution solely deter4 mining which students receive such grants, 

5 which may include any student enrolled in the 

6 institution (including students exclusively en7 rolled in distance education). 

8 ‘‘(4) A Historically Black College or University 

9 or a Minority Serving Institution may use prior 

10 awards provided under titles III, V, and VII of the 

11 Higher Education Act of 1965 to prevent, prepare 

12 for, and respond to the qualifying emergency. 

13 ‘‘(5) An institution of higher education shall 

14 not use funds awarded under this title for— 

15 ‘‘(A) payment to contractors for the provi16 sion of pre-enrollment recruitment activities; 

17 ‘‘(B) endowments; 

18 ‘‘(C) senior administrator or executive sal19 aries, benefits, bonuses, contracts, incentives, 

20 stock buybacks, shareholder dividends, capital 

21 distributions, stock options; or any other cash 

22 or other benefit for a senior administrator or 

23 executive; or 

24 ‘‘(D) athletics, sectarian instruction, or re25 ligious worship.’’; 


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1 (C) by striking subsection (d); and 

2 (D) by inserting after subsection (c) the 

3 following: 

4 ‘‘(d) REALLOCATION.— 

5 ‘‘(1) INITIAL REALLOCATION.—The Secretary 

6 shall reallocate funds remaining under this section 

7 within 90 days of making initial allocations available 

8 to institutions and receiving applications for funds 

9 under this section in accordance with the formula 

10 specified in subsection (a)(1). 

11 ‘‘(2) RETURN AND REALLOCATION.—An institu12 tion shall return to the Secretary any funds received 

13 under this section that the institution does not 

14 award within 1 year of receiving such funds and the 

15 Secretary shall reallocate such funds to the remain16 ing institutions in accordance with subsection 

17 (a)(1).’’. 

18 (2) INCLUSION OF CARES ACT FUNDS IN 90/10

19 CALCULATION.—For purposes of subsections (a)(24) 

20 and (d) of section 487 of the Higher Education Act 

21 of 1965 (20 U.S.C. 1094), amounts provided to an 

22 institution of higher education under title XVIII of 

23 division B of the Coronavirus Aid, Relief, and Eco24 nomic Security Act (Public Law 116–136) shall be 

25 deemed to be amounts provided under title IV of the 


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1 Higher Education Act of 1965 (20 U.S.C. 1070 et 

2 seq.). 

3 (e) EQUITABLE SERVICES.—Section 18005 of divi4 sion B of the Coronavirus Aid, Relief, and Economic Secu5 rity Act (Public Law 116–136) is amended— 

6 (1) by striking the section heading and insert7 ing ‘‘EQUITABLE SERVICES FOR STUDENTS IN NON8 PUBLIC SCHOOLS’’; and 

9 (2) in subsection (a)— 

10 (A) by inserting ‘‘(1)’’ after ‘‘IN GEN11 ERAL.—’’; 

12 (B) by inserting ‘‘(including the specific re13 quirements of subsections (a)(4)(A)(i) and (c) 

14 of such section and subject to paragraph (2))’’ 

15 after ‘‘in non-public schools’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(2) In determining the proportional share of expend18 itures for the equitable services described in paragraph 

19 (1), a local educational agency shall use the proportion 

20 determined under section 1117(a)(4)(A)(i) of the Elemen21 tary and Secondary Education Act of 1965 (20 U.S.C. 

22 6317(a)(4)(A)(i)) for the purposes of part A of title I of 

23 such Act for fiscal year 2019. 

24 ‘‘(3) A local educational agency required to provide 

25 equitable services under paragraph (1) shall provide such 


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1 services to students and teachers at non-public schools 

2 who were eligible to receive equitable services from such 

3 local educational agency during fiscal year 2019 under 

4 section 1117 of the Elementary and Secondary Education 

5 Act of 1965 (20 U.S.C. 6317).’’. 

6 (f) DEFINITIONS.—Section 18007 of division B of the 

7 Coronavirus Aid, Relief, and Economic Security Act (Pub8 lic Law 116–136) is amended to read as follows: 

9 ‘‘DEFINITIONS

10 ‘‘SEC. 18007. Except as otherwise provided in sec11 tions 18001–18006 of this title, as used in such sections— 

12 ‘‘(1) the term ‘cost of attendance’ has the 

13 meaning given such term in section 472 of the High14 er Education Act of 1965; 

15 ‘‘(2) the term ‘community learning center’ has 

16 the meaning given the term in section 4201(b) of 

17 the Elementary and Secondary Education Act of 

18 1965 (20 U.S.C.7171(b)); 

19 ‘‘(3) the terms ‘elementary education’ and ‘sec20 ondary education’ have the meanings given such 

21 terms under State law; 

22 ‘‘(4) the term ‘institution of higher education’ 

23 means an institution defined under title I of the 

24 Higher Education Act of 1965 (20 U.S.C. 1001 et 

25 seq.); 


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1 ‘‘(5) the term ‘non-public school’ means a non2 public elementary and secondary school that (A) is 

3 accredited, licensed, or otherwise operates in accord4 ance with State law; and (B) was in existence prior 

5 to the date of the qualifying emergency for which 

6 grants are awarded under this section; 

7 ‘‘(6) the term ‘outlying areas’ includes the Fed8 erated States of Micronesia, the Republic of the 

9 Marshall Islands, and the Republic of Palau and 

10 notwithstanding section 105(f)(1)(B)(v) of the Com11 pact of Free Association Amendments Act of 2003 

12 (48 U.S.C. 1921d(f)(1)(B)(v)) or any other law; 

13 ‘‘(7) the term ‘public school’ means a public ele14 mentary school or secondary school; 

15 ‘‘(8) the term ‘qualifying emergency’ has the 

16 meaning given the term in section 3502(a)(4) of di17 vision A of this Act; 

18 ‘‘(9) the term ‘Secretary’ means the Secretary 

19 of Education; 

20 ‘‘(10) the term ‘State’ means each of the 50 

21 States, the District of Columbia, and the Common22 wealth of Puerto Rico; 

23 ‘‘(11) the term ‘Tribal College or University’ 

24 has the meaning given such term in section 


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1 316(b)(3) of the Higher Education Act of 1965 (20 

2 U.S.C. 1059c(b)(3)); and 

3 ‘‘(12) any other term used that is defined in 

4 section 8101 of the Elementary and Secondary Edu5 cation Act of 1965 (20 U.S.C. 7801) shall have the 

6 meaning given the term in such section.’’. 

7 (g) CONFORMING AMENDMENT.—Section 18006 of 

8 division B of the Coronavirus Aid, Relief, and Economic 

9 Security Act (Public Law 116–136) is amended by strik10 ing ‘‘coronavirus’’ and inserting ‘‘a qualifying emergency’’. 

11 (h) MAINTENANCE OF EFFORT; SUPPLEMENT NOT

12 SUPPLANT.—Section 18008 of the Coronavirus Aid, Re13 lief, and Economic Security Act (Public Law 116–136) is 

14 amended to read as follows: 

15 ‘‘MAINTENANCE OF EFFORT; SUPPLEMENT NOT

16 SUPPLANT

17 ‘‘SEC. 18008. (a) MAINTENANCE OF EFFORT.—A 

18 State’s application for funds under 18002 or 18003 of this 

19 title shall include assurances that the State will— 

20 ‘‘(1) maintain support for elementary and sec21 ondary education in fiscal years 2020, 2021, and 

22 2022, at least at the levels of such State’s support 

23 for elementary and secondary education provided in 

24 the State’s fiscal year 2019 or fiscal year 2020, 

25 whichever is greater; and 


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1 ‘‘(2) maintain support for higher education 

2 (which shall include State funding to institutions of 

3 higher education and State financial aid, and shall 

4 not include support for capital projects, research and 

5 development, or tuition and fees paid by students) in 

6 fiscal years 2020, 2021, and 2022, at least at the 

7 levels of such State’s support for higher education 

8 provided in the State’s fiscal year 2019 or fiscal 

9 year 2020, whichever is greater. 

10 ‘‘(b) SUPPLEMENT, NOT SUPPLANT.—Funds made 

11 available to States under this title shall be used to supple12 ment, and not supplant, non-Federal funds that would 

13 otherwise be used for activities authorized under this 

14 title.’’. 

15 (i) REPORTING AND DISCLOSURE REQUIREMENTS.— 

16 Title XVIII of division B of the Coronavirus Aid, Relief, 

17 and Economic Security Act (Public Law 116–136) is 

18 amended by inserting after section 18008 the following: 

19 ‘‘REPORTING AND DISCLOSURE REQUIREMENTS

20 ‘‘SEC. 18009. (a) IN GENERAL.— 

21 ‘‘(1) ALLOCATIONS.—Not later than 30 days 

22 after the date of enactment of the Coronavirus Child 

23 Care and Education Relief Act, the Secretary shall 

24 announce allocations to entities under sections 

25 18001 through 18006 on a publicly accessible 


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1 website, including allocations made before such date 

2 of enactment. 

3 ‘‘(2) REPORT FROM SECRETARY.—The Sec4 retary shall submit a report to the Committee on 

5 Health, Education, Labor, and Pensions of the Sen6 ate, the Committee on Appropriations of the Senate, 

7 the Committee on Education and Labor of the 

8 House of Representatives, and the Committee on 

9 Appropriations of the House of Representatives— 

10 ‘‘(A) not later than 180 days after the date 

11 of enactment of the Coronavirus Child Care and 

12 Education Relief Act and quarterly thereafter 

13 until all funds allocated under section 18001(a) 

14 are expended, which shall include for all alloca15 tions under section 18001(a)(1)— 

16 ‘‘(i) the outlying areas to which the 

17 Secretary allocated funds; 

18 ‘‘(ii) the outlying areas to which the 

19 Department did not allocate funds; 

20 ‘‘(iii) the allocation amounts, by each 

21 outlying area; and 

22 ‘‘(iv) the Secretary’s rationale for de23 termining the allocation amount; 

24 ‘‘(B) not later than 10 days after the date 

25 of enactment of the Coronavirus Child Care and 


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1 Education Relief Act and quarterly thereafter 

2 until all funds allocated under section 18001(a) 

3 are expended, which shall include for all alloca4 tions under section 18001(a)(2)— 

5 ‘‘(i) the programs operated or funded 

6 by the Bureau of Indian Education and 

7 Tribal Colleges or Universities to which the 

8 Secretary of the Interior, in consultation 

9 with the Secretary of Education, allocated 

10 funds; 

11 ‘‘(ii) the programs operated or funded 

12 by the Bureau of Indian Education and 

13 Tribal Colleges or Universities to which the 

14 Secretary of the Interior, in consultation 

15 with the Secretary of Education, did not 

16 allocate funds; 

17 ‘‘(iii) the allocation amounts by each 

18 program; and 

19 ‘‘(iv) the methodology and rationale 

20 for determining the allocation amounts; 

21 and 

22 ‘‘(C) not later than 180 days after the date 

23 of enactment of the Coronavirus Child Care and 

24 Education Relief Act and quarterly thereafter 

25 until all funds allocated under section 18001(a) 


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1 are expended, which shall include for all grants 

2 under section 18001(a)(3)— 

3 ‘‘(i) the Secretary’s methodology and 

4 rationale for distributing such grants, in5 cluding how the Secretary determined 

6 which States have the highest COVID–19 

7 burden; 

8 ‘‘(ii) the name of any grantee; 

9 ‘‘(iii) a summary of the grantee’s ap10 plication; 

11 ‘‘(iv) the award amount per grantee, 

12 the allowable uses of funds, and any limi13 tations on such uses of funds; and 

14 ‘‘(v) for all for all service providers 

15 and subgrantees selected by the grantee 

16 under section 18001(a)(3), the following 

17 information, which shall be collected by the 

18 grantee and made publicly available on the 

19 grantee’s website and reported to the Sec20 retary for inclusion in the Secretary’s re21 port: 

22 ‘‘(I) The name of any service 

23 providers or subgrantees. 

24 ‘‘(II) A summary of the service 

25 provider or subgrantee’s application. 


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1 ‘‘(III) How much funding was 

2 distributed to public and non-public 

3 entities, further disaggregated by 

4 funding to private nonprofit and pri5 vate for-profit entities. 

6 ‘‘(IV) How much funding was re7 served for State-level activities. 

8 ‘‘(V) A summary of the use of 

9 funds provided to service providers or 

10 subgrantees. 

11 ‘‘(VI) The methodology adopted 

12 by grantees in selecting and reviewing 

13 service providers and course offerings 

14 and ensuring funded activities are 

15 high-quality. 

16 ‘‘(VII) the percentage of funds 

17 spent serving low-income students by 

18 each service provider or subgrantee. 

19 ‘‘(3) GRANTEE REPORTING.—Not later than 

20 120 days after receiving a grant under section 

21 18001(a)(3), each grantee shall submit a report to 

22 the Secretary containing the information described 

23 in paragraph (2)(C)(v) and make such information 

24 publicly available on the grantee’s website. 


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1 ‘‘(4) BUREAU OF INDIAN EDUCATION.—Not 

2 later than 120 days after receiving an allocation 

3 under section 18001(a)(2), the Director of the Bu4 reau of Indian Education shall— 

5 ‘‘(A) submit a report to the Secretary con6 taining information about which programs were 

7 funded with such allocation and a summary of 

8 the uses of funds by such programs; and 

9 ‘‘(B) make such report publicly available 

10 on the website of the Bureau of Indian Edu11 cation. 

12 ‘‘(b) GOVERNOR’S EMERGENCY RELIEF FUND RE13 PORTS.— 

14 ‘‘(1) INITIAL REPORT.—Each Governor that re15 ceives a grant under section 18002(a) shall, not 

16 later than 90 days after the date of the disbursal of 

17 the Governor’s first grant under section 18002(c) if 

18 such first grant is made after the date of enactment 

19 of the Coronavirus Child Care and Education Relief 

20 Act or not later than 90 days after such date of en21 actment if such first grant was made before such 

22 date of enactment, submit a report to the Secretary 

23 that includes the methodology the State used to dis24 tribute grants under paragraphs (1) through (3) of 

25 section 18002(c), and— 


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1 ‘‘(A) for each such grant made by Gov2 ernor— 

3 ‘‘(i) a summary of the grant applica4 tion and whether the Governor provided 

5 the grant under paragraph (1), (2), or (3) 

6 of section 18002(c); 

7 ‘‘(ii) the name of the grantee, the 

8 amount of the grant, the allowable uses of 

9 grant funds, and any limitations to such 

10 uses of funds; 

11 ‘‘(iii) whether the grantee is a public 

12 or non-public entity, further disaggregated 

13 by private nonprofit and private for-profit 

14 entities; and 

15 ‘‘(iv) what percentage of grant funds 

16 were spent serving low-income students; 

17 ‘‘(B) a summary of how the State grant 

18 funds were distributed within the State to enti19 ties serving high-poverty areas; and 

20 ‘‘(C) a summary of how the Governor used 

21 funds to meet the academic and social and emo22 tional needs of low-income students, first-gen23 eration college students, children and students 

24 with disabilities, English learners, students of 

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1 dren or youth in foster care, migrant children, 

2 and students involved with the juvenile justice 

3 system. 

4 ‘‘(2) QUARTERLY GOVERNOR’S EMERGENCY RE5 LIEF FUNDS REPORT.—Each Governor that receives 

6 a grant under section 18002(a) shall, following the 

7 submission of the report described in paragraph (1), 

8 submit to the Secretary a report that contains the 

9 information described in paragraph (1), once a quar10 ter until all funds allocated under section 18002 are 

11 expended. 

12 ‘‘(3) GRANTEE REPORTING.—Each grantee that 

13 receives a grant from a Governor under section 

14 18002(c) shall submit a report to the Governor, not 

15 later than 30 days after receiving the grant, con16 taining the information described in paragraph 

17 (1)(A). 

18 ‘‘(4) PUBLICATION OF REPORTS.—The Sec19 retary shall publish each report under paragraphs 

20 (1) and (2) on a publicly accessible website not later 

21 than 30 days after the date of receipt of the report. 

22 ‘‘(5) FINDINGS FROM GOVERNOR’S EMERGENCY

23 RELIEF FUNDS REPORTING.—Not later than 12 

24 months after the date of enactment of the 

25 Coronavirus Child Care and Education Relief Act, 


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1 the Secretary shall provide a report to the Com2 mittee on Health, Education, Labor, and Pensions 

3 of the Senate, the Committee on Appropriations of 

4 the Senate, the Committee on Education and Labor 

5 of the House of Representatives, and the Committee 

6 on Appropriations of the House of Representatives 

7 summarizing the findings from the reports received 

8 under this subsection. 

9 ‘‘(c) ELEMENTARY AND SECONDARY SCHOOL EMER10 GENCY RELIEF FUND REPORTS.— 

11 ‘‘(1) INITIAL STATE REPORTING.—Each State 

12 educational agency that receives a grant under sec13 tion 18003 shall, not later than 180 days after the 

14 making the State educational agency’s first subgrant 

15 under section 18003(c) if such first subgrant is 

16 made after the date of enactment of the Coronavirus 

17 Child Care and Education Relief Act or not later 

18 than 90 days after such date of enactment if such 

19 first subgrant was made before such date of enact20 ment, submit a report to the Secretary that in21 cludes— 

22 ‘‘(A) the number of subgrants awarded 

23 and the amount of funding awarded to each 

24 subgrantee; 


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1 ‘‘(B) a summary of the activities that sub2 grantees will carry out using subgrant funds, 

3 including for any focus areas identified by the 

4 State educational agency; 

5 ‘‘(C) the percentage of funds the State 

6 educational agency is retaining at the State7 level and what the State educational agency in8 tends to spend such reservation on; 

9 ‘‘(D) a summary of how the State edu10 cational agency intends to ensure that local 

11 educational agencies that received funds en12 sured higher-poverty schools served by the local 

13 educational agency received access to the funds 

14 and how the local educational agency is meeting 

15 the educational needs of low-income students, 

16 children with disabilities, English learners, stu17 dents of color, students experiencing homeless, 

18 children and youth in foster care, migrant chil19 dren, and students involved with the juvenile 

20 justice system; 

21 ‘‘(E) what percentage allocation of the 

22 State-set-aside the State is using to address 

23 learning loss as required under section 

24 18003(e) and a summary of what the funds 

25 were spent on; 


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1 ‘‘(F) how the State is prioritizing serving 

2 high concentrations of students from families 

3 with low-incomes and students who have been 

4 disproportionately affected by COVID–19 and 

5 school closures, including students of color, chil6 dren with disabilities, English learners, migrant 

7 children, students experiencing homelessness, 

8 children and youth in foster care, and students 

9 involved with the juvenile justice system in the 

10 funds set aside under section 18003(e); and 

11 ‘‘(G) a summary of reports submitted by 

12 subgrantees in accordance with paragraph (2). 

13 ‘‘(2) LOCAL EDUCATIONAL AGENCY REPORT14 ING.—Each local educational agency receiving a 

15 subgrant under section 18003 shall submit a report 

16 to its State educational agency, not later than 90 

17 days after receiving such subgrant, that includes— 

18 ‘‘(A) a summary of the activities or serv19 ices that the local educational agency carried 

20 out using subgrant funds, including for any 

21 focus areas identified by the State educational 

22 agency; 

23 ‘‘(B) the percentage of funds being spent 

24 on each activity described in section 18003(d), 

25 including the percentage of funds spent on 


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1 maintaining current staffing levels as provided 

2 under section 18003(d)(1)(M); 

3 ‘‘(C) a description of how the local edu4 cational agency distributed funds, including any 

5 formula or methodology that was used, to 

6 schools within their boundaries to meet the aca7 demic and social and emotional needs of low-in8 come students, children with disabilities, 

9 English learners, students of color, students ex10 periencing homelessness, children and youth in 

11 foster care, migrant children, and students in12 volved with the juvenile justice system; 

13 ‘‘(D) a summary of how the local edu14 cational agency used funds to ensure all stu15 dents, including low-income students, children 

16 with disabilities, English learners, students of 

17 color, students experiencing homelessness, chil18 dren and youth in foster care, migrant children, 

19 and students involved with the juvenile justice 

20 system, have access to learning opportunities 

21 during in-person, distance, and hybrid learning 

22 options, including access to technology, high23 quality instructional materials, and high-quality 

24 instruction; 


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1 ‘‘(E) the per-pupil expenditure data for 

2 each school served by the local educational 

3 agency for the 2020–2021 school year, 

4 disaggregated by Federal, State, and local ex5 penditures, with funds provided under sections 

6 18002 and 18003 included under Federal ex7 penditures; 

8 ‘‘(F) the dollar amount and percentage of 

9 subgrant funds that were spent on equitable 

10 services from funds available under sections 

11 18002 and 18003; 

12 ‘‘(G) the percentage of funds used to ad13 dress learning loss; 

14 ‘‘(H) how the local educational agency im15 plemented the requirement described under sec16 tion 18003(d)(2), including serving low-income 

17 students, students of color, children with dis18 abilities, English learners, migrant children, 

19 students experiencing homelessness, children 

20 and youth in foster care, and students involved 

21 in the juvenile justice system; and 

22 ‘‘(I) how much instructional time was in23 creased as a result of activities implemented 

24 under the subgrant. 


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1 ‘‘(3) QUARTERLY ELEMENTARY AND SEC2 ONDARY SCHOOL EMERGENCY RELIEF FUND RE3 PORTS.— 

4 ‘‘(A) STATE REPORT.—Each State edu5 cational agency that receives a grant under sec6 tion 18003 shall, following the submission of 

7 the initial report described in paragraph (1), 

8 submit to the Secretary a report that contains 

9 the information described in paragraph (1) once 

10 a quarter until all funds allocated to the State 

11 under section 18003 are expended. 

12 ‘‘(B) LOCAL EDUCATIONAL AGENCY RE13 PORT.—Each local educational agency receiving 

14 a subgrant under section 18003 shall, following 

15 the submission of the initial report described in 

16 paragraph (2), submit to the Secretary a report 

17 that contains the information described in para18 graph (2) once a quarter until all subgrant 

19 funds are expended. 

20 ‘‘(4) PUBLICATION OF REPORTS.—The Sec21 retary shall publish each report under paragraphs 

22 (1) and (2) on a publicly accessible website not later 

23 than 30 days after the date of receipt of the report. 

24 ‘‘(5) FINDINGS FROM ELEMENTARY AND SEC25 ONDARY SCHOOL EMERGENCY RELIEF FUND.—Not 


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1 later than 12 months after the date of enactment of 

2 the Coronavirus Child Care and Education Relief 

3 Act, the Secretary shall provide a report to the Com4 mittee on Health, Education, Labor, and Pensions 

5 of the Senate, the Committee on Appropriations of 

6 the Senate, the Committee on Education and Labor 

7 of the House of Representatives, and the Committee 

8 on Appropriations of the House of Representatives 

9 summarizing the findings from the reports received 

10 under this subsection. 

11 ‘‘(d) HIGHER EDUCATION EMERGENCY RELIEF

12 FUND REPORTS.— 

13 ‘‘(1) INITIAL SECRETARY REPORT.—Not later 

14 than 120 days after the Secretary announces alloca15 tions under section 18004, the Secretary shall sub16 mit to the authorizing committees (as defined in sec17 tion 103 of the Higher Education Act of 1965 (20 

18 U.S.C. 1003)) a summary of applications from, and 

19 disbursements made to, institutions of higher edu20 cation, which shall include— 

21 ‘‘(A) for emergency financial aid grant 

22 funding provided in accordance with section 

23 18004(c)— 

24 ‘‘(i) the institutions that applied for 

25 such funds; 


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1 ‘‘(ii) the institutions that received 

2 such funds; 

3 ‘‘(iii) the institutions that did not 

4 apply for such funds; 

5 ‘‘(iv) the institutions that applied for, 

6 but did not receive, such funds; 

7 ‘‘(v) the institutions that returned 

8 such funds to the Department, including 

9 the amount returned; 

10 ‘‘(vi) the actual or projected number 

11 of students the Department estimates re12 ceived emergency financial aid grants in 

13 accordance with such section; 

14 ‘‘(vii) the actual or projected number 

15 of students the Department estimates did 

16 not receive emergency financial aid grants 

17 in accordance with such section; and 

18 ‘‘(viii) the actual or projected number 

19 of students that received emergency finan20 cial aid grants in accordance with such 

21 section; and 

22 ‘‘(B) for institutional funds (not including 

23 emergency financial aid) provided in accordance 

24 with section 18004(c)— 


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1 ‘‘(i) the institutions that applied for 

2 such funds; 

3 ‘‘(ii) the institutions that received 

4 such funds; 

5 ‘‘(iii) the institutions that did not 

6 apply for such funds; 

7 ‘‘(iv) the institutions that applied for, 

8 but did not receive, such funds; and 

9 ‘‘(v) the institutions that returned 

10 such funds to the Department, including 

11 the amount returned. 

12 ‘‘(2) INSTITUTIONAL REPORTS.—Each institu13 tion of higher education receiving a grant under sec14 tion 18004 shall submit a report to the Secretary, 

15 not later than 90 days after receiving the grant, that 

16 includes, in addition to the requirements of the Sec17 retary under section 18004(e)— 

18 ‘‘(A) a summary of how the institution of 

19 higher education allocated emergency financial 

20 aid grants to students in accordance with sec21 tion 18004(c) for any component of a student’s 

22 cost of attendance, including— 

23 ‘‘(i) whether the institution required 

24 an application for emergency financial aid 

25 grants and, if the institution required an 


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1 application for emergency financial aid 

2 grants, how many students applied, how 

3 many students had applications that were 

4 approved, and how many students had ap5 plications that were denied; 

6 ‘‘(ii) the minimum and maximum 

7 amount of grants made available to stu8 dents, including any minimum or max9 imum grant levels made to any specific 

10 subgroups of students, including the sub11 groups listed in clause (iii); 

12 ‘‘(iii) a description of any specific sub13 groups of students that were prioritized for 

14 the emergency financial aid grants, includ15 ing students of color, low-income students, 

16 first-generation college students, students 

17 with disabilities, English learners, students 

18 experiencing homelessness, former foster 

19 youth, or student parents; 

20 ‘‘(iv) the total number of enrolled stu21 dents that received emergency financial aid 

22 grants; 

23 ‘‘(v) the total number of enrolled stu24 dents that did not receive emergency finan25 cial aid grants; 


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1 ‘‘(vi) the average amount of the emer2 gency financial aid grants provided to stu3 dents; 

4 ‘‘(vii) a description of how the institu5 tion of higher education will ensure that 

6 funds received under such section reduce 

7 unmet need for students; and 

8 ‘‘(viii) a description and amount of 

9 any institutional funds used to supplement 

10 emergency financial aid grants provided in 

11 accordance with section 18004(c); 

12 ‘‘(B) a summary of how the institution of 

13 higher education spent the institutional share of 

14 funds to cover any costs or lost revenue in15 curred by the institution due to the qualifying 

16 emergency, including how such spending pre17 vented or minimized any increase in the cost of 

18 attendance for students; 

19 ‘‘(C) a description of tuition and fees 

20 charged to students enrolled at the institution, 

21 including— 

22 ‘‘(i) such tuition and fees for the 

23 2019–2020 school year; 

24 ‘‘(ii) such tuition and fees planned or 

25 enacted for the 2020–2021 school year; 


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1 ‘‘(iii) such tuition and fees planned or 

2 enacted for the 2021–2022 school year; 

3 and 

4 ‘‘(iv) such tuition and fees planned or 

5 enacted for the 2022–2023 school year; 

6 and 

7 ‘‘(D) a summary of how the institution en8 sured funds received under section 18004 did 

9 not go to prohibited uses of funds specified in 

10 section 18004(c)(5). 

11 ‘‘(3) PUBLICATION OF REPORTS.—The Sec12 retary shall publish each report under paragraphs 

13 (1) and (2) on a publicly accessible website not later 

14 than 30 days after the date of receipt of the report. 

15 ‘‘(e) MAINTENANCE OF EFFORT.—Not later than 

16 120 days after the date of the award of a grant to a State 

17 under section 18002 or 18003, the Secretary shall publish 

18 a report for the State describing how the State has com19 plied with the maintenance of effort requirement under 

20 section 18008, including— 

21 ‘‘(1) the amount of support for higher edu22 cation provided by such State for fiscal years 2017, 

23 2018, 2019, and 2020, respectively; 

24 ‘‘(2) the amount of support for elementary and 

25 secondary education provided by such State for fisVerDate Sep 11 2014 03:09 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\S4112.IS S4112

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1 cal years 2017, 2018, 2019, and 2020, respectively; 

2 and 

3 ‘‘(3) enforcement actions taken by the Sec4 retary for any violation of section 18008.’’. 

5 (j) EFFECTIVE DATES.— 

6 (1) IN GENERAL.—Except as otherwise pro7 vided, the amendments made by this section shall 

8 take effect with respect to amounts made available 

9 for title XVIII of division B of the Coronavirus Aid, 

10 Relief, and Economic Security Act (Public Law 

11 116–136) on or after the date of enactment of this 

12 Act. 

13 (2) EQUITABLE SERVICES.—The amendment 

14 made by subsection (e) shall take effect on the date 

15 of enactment of the Coronavirus Aid, Relief, and 

16 Economic Security Act (Public Law 116–136) as if 

17 such amendment was incorporated in section 

18 18005(a) of division B of such Act. 

19 (3) REPORTING AND DISCLOSURE REQUIRE20 MENTS.—The amendment made by subsection (i) 

21 shall take effect on the date of enactment of the 

22 Coronavirus Aid, Relief, and Economic Security Act 

23 (Public Law 116–136) as if such amendment was 

24 incorporated in title XVIII of division B of such Act, 

25 except that any report due before the date of enactVerDate Sep 11 2014 03:09 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\S4112.IS S4112

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1 ment of this Act or the 90-day period following the 

2 date of enactment shall instead be due on the last 

3 day of such 90-day period. 

4 (4) FIPSE AND SPECIAL PROVISIONS.—Not5 withstanding paragraph (1) or any other provision of 

6 law, if any amounts are available and not obligated 

7 under section 18004(a)(3) of division B of the 

8 Coronavirus Aid, Relief, and Economic Security Act 

9 (Public Law 116–136) as of the day before the date 

10 of enactment of this Act— 

11 (A) such amounts shall be deemed to be 

12 amounts made available under section 

13 18004(a)(2) of division B of the Coronavirus 

14 Aid, Relief, and Economic Security Act (Public 

15 Law 116–136) after the date of enactment of 

16 this Act; and 

17 (B) the Secretary shall use all such 

18 amounts for grants in accordance with section 

19 18004(b) of division B of the Coronavirus Aid, 

20 Relief, and Economic Security Act (Public Law 

21 116–136), as amended by this Act. 

22 (5) USES OF FUNDS.—The authority and re23 quirements of paragraphs (1) and (5) of section 

24 18004(c) of division B of the Coronavirus Aid, Re25 lief, and Economic Security Act (Public Law 116– 


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1 136), as amended by this Act, shall apply to funds 

2 made available to institutions under such section 

3 18004 on and after the date of enactment of the 

4 Coronavirus Aid, Relief, and Economic Security Act. 

5 Subtitle B—Additional Appropria6 tions for Elementary Education, 

7 Secondary Education, and Spe8 cial Education 

9 SEC. 221. ELEMENTARY AND SECONDARY EDUCATION AP10 PROPRIATIONS. 

11 (a) TITLE I–A.—There are appropriated to the Sec12 retary of Education, out of amounts in the Treasury not 

13 otherwise appropriated, for fiscal year 2020, 

14 $11,000,000,000 for grants to local educational agencies 

15 under part A of title I of the Elementary and Secondary 

16 Education Act of 1965 (20 U.S.C. 6311 et seq.). All terms 

17 and conditions that apply to grants under part A of such 

18 title shall apply to grants made with funds made available 

19 under this subsection. 

20 (b) MIGRANT EDUCATION.—There are appropriated 

21 to the Secretary of Education, out of amounts in the 

22 Treasury not otherwise appropriated, for fiscal year 2020, 

23 $300,000,000 for the program under part C of title I of 

24 the Elementary and Secondary Education Act of 1965 (20 

25 U.S.C. 6391 et seq.). All terms and conditions that apply 


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1 to the program under part C of such title shall apply with 

2 respect to support provided through funds made available 

3 under this subsection. 

4 (c) TITLE I–D.—There are appropriated to the Sec5 retary of Education, out of amounts in the Treasury not 

6 otherwise appropriated, for fiscal year 2020, 

7 $100,000,000 for programs under part D of title I of the 

8 Elementary and Secondary Education Act of 1965 (20 

9 U.S.C. 6421 et seq.). All terms and conditions that apply 

10 to programs under part D of such title shall apply with 

11 respect to support provided through funds made available 

12 under this subsection. 

13 (d) ENGLISH LANGUAGE ACQUISITION.—There are 

14 appropriated to the Secretary of Education, out of 

15 amounts in the Treasury not otherwise appropriated, for 

16 fiscal year 2020, $1,000,000,000 for programs under part 

17 A of title III of the Elementary and Secondary Education 

18 Act of 1965 (20 U.S.C. 6811 et seq.). All terms and condi19 tions that apply to programs under part A of such title 

20 shall apply with respect to support provided through funds 

21 made available under this subsection. 

22 (e) SUPPORTS FOR STUDENTS EXPERIENCING

23 HOMELESSNESS.—There are appropriated to the Sec24 retary of Education, out of amounts in the Treasury not 

25 otherwise appropriated, for fiscal year 2020, 


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1 $500,000,000 for the program under subtitle B of title 

2 VII of the McKinney-Vento Homeless Assistance Act (42 

3 U.S.C. 11431 et seq.). All terms and conditions that apply 

4 to the program under subtitle B of such title shall apply 

5 with respect to support provided through funds made 

6 available under this subsection. 

7 (f) GENERAL PROVISIONS.—Any amount appro8 priated under this section is in addition to other amounts 

9 appropriated or made available for the applicable purpose. 

10 SEC. 222. INDIVIDUALS WITH DISABILITIES EDUCATION 

11 ACT APPROPRIATIONS. 

12 (a) IN GENERAL.—There are appropriated to the 

13 Secretary of Education, out of any amount in the Treas14 ury not otherwise appropriated, for fiscal year 2020— 

15 (1) $11,000,000,000 for grants to States under 

16 part B of the Individuals with Disabilities Education 

17 Act (20 U.S.C. 1411 et seq.); and 

18 (2) for early childhood education programs— 

19 (A) $500,000,000 for programs for infants 

20 and toddlers under part C of the Individuals 

21 with Disabilities Education Act (20 U.S.C. 

22 1431 et seq.); and 

23 (B) $400,000,000 for preschool grants 

24 under section 619 of the Individuals with Dis25 abilities Education Act (20 U.S.C. 1419). 


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1 (b) APPLICABILITY OF ALL TERMS AND CONDI2 TIONS.—All terms and conditions that apply to a program 

3 under the Individuals with Disabilities Education Act (20 

4 U.S.C. 1400 et seq.) shall apply with respect to support 

5 provided for the program through funds made available 

6 under subsection (a). 

7 (c) GENERAL PROVISIONS.—Any amount appro8 priated under this section is in addition to other amounts 

9 appropriated or made available for the applicable purpose. 

10 Subtitle C—Higher Education 

11 CHAPTER 1—HISTORICALLY BLACK 

12 COLLEGES AND UNIVERSITIES 

13 SEC. 231. HBCU ENDOWMENT CHALLENGE GRANTS. 

14 Notwithstanding any restrictions and repayment pro15 visions placed on an institution that is still in its grant 

16 period in accordance with subsection (b)(3), (c)(3)(B), and 

17 (d) of section 331 of the Higher Education Act of 1965 

18 (20 U.S.C. 1065), the institution may use the endowment 

19 fund corpus plus any endowment fund income for any edu20 cational purpose or to defray any expenses necessary to 

21 the operation of the institution, including expenses of op22 erations and maintenance, administration, academic and 

23 support personnel, construction and renovation, commu24 nity and student services programs, and technical assist25 ance. 


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1 SEC. 232. FUNDING FOR HBCU CAPITAL FINANCING. 

2 (a) IN GENERAL.—Section 3512 of division A of the 

3 Coronavirus Aid, Relief, and Economic Security Act (Pub4 lic Law 116–136) is amended— 

5 (1) in subsection (a)(1), by striking ‘‘may’’ and 

6 inserting ‘‘shall’’; and 

7 (2) in subsection (d), by striking 

8 ‘‘$62,000,000’’ and inserting ‘‘such sums as may be 

9 necessary’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 subsection (a) shall take effect as if included in the enact12 ment of the Coronavirus Aid, Relief, and Economic Secu13 rity Act (Public Law 116–136). 

14 CHAPTER 2—ADDITIONAL 

15 APPROPRIATIONS FOR TRIO PROGRAMS 

16 SEC. 235. ADDITIONAL TRIO APPROPRIATIONS. 

17 (a) IN GENERAL.— 

18 (1) AMOUNTS APPROPRIATED.—There is appro19 priated to the Secretary of Education, out of 

20 amounts in the Treasury not otherwise appropriated, 

21 $450,000,000 for fiscal year 2020, for grants and 

22 contracts under chapter 1 of subpart 2 of part A of 

23 title IV of the Higher Education Act of 1965 (20 

24 U.S.C. 1070a–11 et seq.), for the purpose of ex25 panding program capacity to serve more low-income, 

26 first-generation students, students with disabilities, 


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1 veterans, unemployed adults, and other qualified in2 dividuals, and to provide such students technology 

3 support. 

4 (2) ALLOCATION OF FUNDS.—From the 

5 amounts appropriated under paragraph (1), the Sec6 retary shall allot— 

7 (A) $250,000,000 for grants to each re8 cipient receiving funding under such chapter for 

9 fiscal year 2020 to expand program capacity to 

10 serve more qualified individuals, of which— 

11 (i) $32,000,000 shall be for Edu12 cational Opportunity Centers programs 

13 under section 402F of the Higher Edu14 cation Act of 1965 (20 U.S.C. 1070a–16); 

15 (ii) $54,000,000 shall be for Talent 

16 Search programs under section 402B of 

17 the Higher Education Act of 1965 (20 

18 U.S.C. 1070a–12); and 

19 (iii) the remainder of such funds shall 

20 be for all programs under chapter 1 of 

21 subpart 2 of part A of title IV of the High22 er Education Act of 1965 (20 U.S.C. 

23 1070a–11 et seq.); and 

24 (B) notwithstanding any other provision of 

25 law, $200,000,000 for grants to each recipient 


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1 receiving funding under such chapter for fiscal 

2 year 2020 to allow those recipients to provide 

3 technology support to students, which may in4 clude support for broadband access and com5 puter hardware and software. 

6 (b) APPLICABILITY OF TERMS AND CONDITIONS.— 

7 Except as specified in subsection (a)(2)(B), the terms and 

8 conditions that apply to grants under chapter 1 of subpart 

9 2 of part A of title IV of the Higher Education Act of 

10 1965 (20 U.S.C. 1070a–11 et seq.) shall apply to grants 

11 made with funds made available under subsection (a). 

12 (c) GENERAL PROVISIONS.—Any amount appro13 priated under this section is in addition to other amounts 

14 appropriated or made available for the applicable purpose. 

15 Subtitle D—Increased Funding for 

16 Adult Education and Career and 

17 Technical Education 

18 CHAPTER 1—ADULT EDUCATION AND LIT19 ERACY QUALIFYING EMERGENCY RE20 SPONSE 

21 SEC. 241. DEFINITIONS. 

22 In this chapter, the terms ‘‘adult education’’, ‘‘adult 

23 education and literacy activities’’, ‘‘eligible agency’’, ‘‘eligi24 ble provider’’, and ‘‘integrated education and training’’ 

25 have the meanings given the terms in section 203 of the 


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1 Workforce Innovation and Opportunity Act (29 U.S.C. 

2 3272). 

3 SEC. 242. ADULT EDUCATION AND LITERACY RESPONSE AC4 TIVITIES. 

5 (a) ONLINE SERVICE DELIVERY OF ADULT EDU6 CATION AND LITERACY ACTIVITIES.—During the quali7 fying emergency, an eligible agency may use funds avail8 able to such agency under paragraphs (2) and (3) of sec9 tion 222(a) of the Workforce Innovation and Opportunity 

10 Act (20 U.S.C. 3302(a)), for the administrative expenses 

11 of the eligible agency related to transitions to online serv12 ice delivery of adult education and literacy activities. 

13 (b) SECRETARIAL RESPONSIBILITIES.—Not later 

14 than 30 days after the date of enactment of this Act, the 

15 Secretary of Labor shall, in carrying out section 

16 242(c)(2)(G) of the Workforce Innovation Opportunity 

17 Act (29 U.S.C. 3332(c)(2)(G)), identify and disseminate 

18 to States strategies and virtual proctoring tools to— 

19 (1) assess the progress of learners in programs 

20 of adult education and literacy activities, on the 

21 basis of valid research, as appropriate; and 

22 (2) measure the performance of such programs 

23 in a manner consistent with section 243(d). 


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1 SEC. 243. DISTRIBUTION OF FUNDS. 

2 (a) RESERVATION OF FUNDS; GRANTS TO ELIGIBLE

3 AGENCIES.—From the amounts appropriated under sub4 section (e), the Secretary of Labor shall— 

5 (1) reserve and use funds in accordance with 

6 section 211(a) of the Workforce Innovation and Op7 portunity Act (29 U.S.C. 3291); and 

8 (2) award grants to eligible agencies in accord9 ance with section 211(b) of the Workforce Innova10 tion and Opportunity Act (29 U.S.C. 3291), ensur11 ing that not less than 10 percent of the total funds 

12 awarded through those grants shall be used to pro13 vide adult education and literacy activities in correc14 tional facilities. 

15 (b) USES OF FUNDS.—Each eligible agency or eligi16 ble provider shall use the funds received through sub17 section (a)(2) to expand the capacity of adult education 

18 providers to prioritize serving adults with low literacy or 

19 numeracy levels negatively impacted by the economic con20 sequences of the qualifying emergency, which may in21 clude— 

22 (1) expanding the infrastructure needed for the 

23 provision of services and educational resources on24 line or through digital means, including the provi25 sion of technology or internet access to students and 


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1 instructional staff to enable virtual or distance learn2 ing; 

3 (2) creating or expanding digital literacy cur4 ricula and resources, including professional develop5 ment activities to aid instructional and program 

6 staff in providing online or digital training to stu7 dents; and 

8 (3) equipping adult education providers to part9 ner more closely with partners in workforce develop10 ment systems on implementation strategies such as 

11 provision of integrated education and training to 

12 prepare adult learners on an accelerated timeline for 

13 high-skill, high-wage, or in-demand industry sectors 

14 and occupations. 

15 (c) SUPPLEMENT, NOT SUPPLANT.—Any Federal 

16 funds made available under this chapter shall be used only 

17 to supplement and not supplant the funds that would, in 

18 the absence of such Federal funds, be made available from 

19 State or local public funds for adult education and literacy 

20 activities. 

21 (d) EVALUATIONS.—The Secretary of Labor shall 

22 measure the performance of any activity or program car23 ried out with funds made available under this chapter 

24 using indicators of performance applicable to adult edu25 cation and literacy activities in accordance with section 


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1 116(b)(2) of the Workforce Innovation and Opportunity 

2 Act (29 U.S.C. 3141(b)(2)). 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated, and there is appropriated, 

5 out of any money in the Treasury not otherwise appro6 priated, to carry out this section $1,000,000,000 for fiscal 

7 year 2020, to remain available until expended. 

8 CHAPTER 2—CAREER AND TECHNICAL 

9 EDUCATION 

10 SEC. 245. DEFINITIONS AND PERKINS CTE REQUIREMENTS. 

11 Except as otherwise provided, in this subtitle— 

12 (1) the terms have the meanings given the 

13 terms in section 3 of the Carl D. Perkins Career and 

14 Technical Education Act of 2006 (20 U.S.C. 2302); 

15 and 

16 (2) an allotment, allocation, or other provision 

17 of funds made under this subtitle in accordance with 

18 a provision of the Carl D. Perkins Career and Tech19 nical Education Act of 2006 (20 U.S.C. 2301 et 

20 seq.) shall be made in compliance with the applicable 

21 requirements of such Act (20 U.S.C. 2301 et seq.). 

22 SEC. 246. COVID–19 CAREER AND TECHNICAL EDUCATION 

23 RESPONSE FLEXIBILITY. 

24 (a) RETENTION OF FUNDS.—Notwithstanding sec25 tion 133(b)(1) of the Carl D. Perkins Career and TechVerDate Sep 11 2014 03:09 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S4112.IS S4112

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1 nical Education Act of 2006 (29 U.S.C. 2353(b)(1)), with 

2 respect to an eligible recipient that, due to a qualifying 

3 emergency, does not expend all of the amounts that the 

4 eligible recipient is allocated for academic year 2019–2020 

5 under section 131 or 132 of the Carl D. Perkins Career 

6 and Technical Education Act of 2006 (20 U.S.C. 2351; 

7 2352), the eligible agency that allocated such funds to the 

8 eligible recipient may authorize the eligible recipient to re9 tain such amounts to carry out, during academic year 

10 2020–2021, any activities described in the application of 

11 the eligible recipient submitted under 134(b) of such Act 

12 (29 U.S.C. 2354(b)) that such eligible recipient had in13 tended to carry out during academic year 2019–2020. 

14 (b) POOLING OF FUNDS.—An eligible recipient may, 

15 in accordance with section 135(c) of the Carl D. Perkins 

16 Career and Technical Education Act of 2006 (20 U.S.C. 

17 2355(c)), pool a portion of funds received under such Act 

18 with a portion of funds received under such Act available 

19 to one or more eligible recipients to support the transition 

20 from secondary education to postsecondary education or 

21 employment for CTE participants whose academic year 

22 was interrupted by a qualifying emergency. 

23 (c) PROFESSIONAL DEVELOPMENT.—During a quali24 fying emergency, section 3(40)(B) of the Carl D. Perkins 

25 Career and Technical Education Act of 2006 (20 U.S.C. 


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1 2302(40)(B)) shall apply as if ‘‘sustained (not stand2 alone, 1-day, or short-term workshops), intensive, collabo3 rative, job-embedded, data-driven, and classroom-fo4 cused,’’ were struck. 

5 SEC. 247. PERKINS CAREER AND TECHNICAL EDUCATION. 

6 (a) DISTRIBUTION OF FUNDS.— 

7 (1) STATES.—From the amounts appropriated 

8 under subsection (d), the Secretary shall make allot9 ments to eligible agencies in accordance with section 

10 111(a)(3) of the Carl D. Perkins Career and Tech11 nical Education Act of 2006 (20 U.S.C. 2321(a)(3)). 

12 (2) LOCAL AREAS.— 

13 (A) IN GENERAL.—Not later than 30 days 

14 after an eligible agency receives an allotment 

15 under paragraph (1), the eligible agency shall 

16 make available such funds in accordance with 

17 section 112(a) of the Carl D. Perkins Career 

18 and Technical Education Act of 2006 (20 

19 U.S.C. 2322(a)), including making such funds 

20 available for distribution to eligible recipients in 

21 accordance with sections 131 and 132 of such 

22 Act. 

23 (B) RESERVED FUNDS.—An eligible agen24 cy that reserves funds in accordance with sec25 tion 112(a)(1) of the Carl D. Perkins Career 


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1 and Technical Education Act of 2006 (20 

2 U.S.C. 2322(a)) to be used in accordance with 

3 section 112(c) of such Act, may also use such 

4 reserved funds for digital, physical, or tech5 nology infrastructure related projects to im6 prove career and technical education offerings 

7 within the State. 

8 (b) USES OF FUNDS.—Each eligible agency and eligi9 ble recipient shall use the funds received under this section 

10 to carry out activities improving or expanding career and 

11 technical education programs and programs of study to 

12 adequately respond to State and local needs as a result 

13 of a qualifying emergency, including— 

14 (1) expanding and modernizing digital, physical, 

15 or technology infrastructure to deliver in-person, on16 line, virtual, and simulated educational and work17 based learning experiences; 

18 (2) acquiring appropriate equipment, tech19 nology, supplies, and instructional materials aligned 

20 with business and industry needs, including machin21 ery, testing equipment, tools, hardware, software, 

22 and other new and emerging instructional materials; 

23 (3) providing incentives to employers and CTE 

24 participants facing economic hardships due to a 


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1 qualifying emergency to participate in work-based 

2 learning programs; 

3 (4) expanding or adapting program offerings or 

4 supports based on an updated comprehensive needs 

5 assessment to systemically respond to employers’ 

6 and CTE participants’ changing needs as a result of 

7 a qualifying emergency; or 

8 (5) providing for professional development and 

9 training activities for career and technical education 

10 teachers, faculty, school leaders, administrators, spe11 cialized instructional support personnel, career guid12 ance and academic counselors, and paraprofessionals 

13 to support activities carried out under this section. 

14 (c) SUPPLEMENT, NOT SUPPLANT.—Any Federal 

15 funds provided under this subtitle shall be used only to 

16 supplement the funds that would, in the absence of such 

17 Federal funds, be made available from non-Federal 

18 sources for career and technical education programs or 

19 other activities carried out under the Carl D. Perkins Ca20 reer and Technical Education Act of 2006 (20 U.S.C. 

21 2301 et seq.), and not to supplant such funds. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated, and there is appropriated, 

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1 priated, to carry out this section $1,000,000,000 for fiscal 

2 year 2020, to remain available until expended. 

3 Subtitle E—Community College 

4 and Industry Partnership Grants 

5 SEC. 251. COMMUNITY COLLEGE AND INDUSTRY PARTNER6 SHIP GRANTS. 

7 (a) DEFINITIONS.—In this section: 

8 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti9 ty’’ means an eligible institution or a consortium of 

10 such eligible institutions, which may include a 

11 multistate consortium of such eligible institutions. 

12 (2) ELIGIBLE INSTITUTION.—The term ‘‘eligi13 ble institution’’ means a public institution of higher 

14 education (as defined in section 101(a) of the High15 er Education Act of 1965 (20 U.S.C. 1001(a)) at 

16 which the highest degree that is predominantly 

17 awarded to students is an associate degree, including 

18 a 2-year Tribal College or University (as defined in 

19 section 316 of such Act (20 U.S.C. 1059c)). 

20 (3) PERKINS CTE DEFINITIONS.—The terms 

21 ‘‘career and technical education’’, ‘‘dual or concur22 rent enrollment program’’, and ‘‘work-based learn23 ing’’ have the meanings given the in terms in section 

24 3 of the Carl D. Perkins Career and Technical Edu25 cation Act of 2006 (20 U.S.C. 2302). 


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1 (4) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Labor. 

3 (b) GRANT AUTHORITY.— 

4 (1) IN GENERAL.—From the funds appro5 priated under subsection (h) and not reserved under 

6 subsection (f), the Secretary, in collaboration with 

7 the Secretary of Education (acting through the Of8 fice of Career, Technical, and Adult Education) shall 

9 award, on a competitive basis, grants, contracts, or 

10 cooperative agreements, in accordance with section 

11 169(b)(5) of the Workforce Innovation and Oppor12 tunity Act (29 U.S.C. 3224(b)(5)), to eligible enti13 ties to assist such eligible entities in— 

14 (A) establishing and scaling career training 

15 programs, including career and technical edu16 cation programs, and industry and sector part17 nerships to inform such programs; and 

18 (B) providing necessary student supports. 

19 (2) AWARD AMOUNTS.—The total amount of 

20 funds awarded under this section to an eligible enti21 ty shall not exceed— 

22 (A) in the case of an eligible entity that is 

23 eligible institution, $2,500,000; and 

24 (B) in the case of an eligible entity that is 

25 a consortium, $15,000,000. 


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1 (3) AWARD PERIOD.—A grant, contract, or co2 operative agreement awarded under this section shall 

3 be for a period of not more than 4 years, except that 

4 the Secretary may extend such a grant, contract, or 

5 agreement for an additional 2-year period. 

6 (4) EQUITABLE DISTRIBUTION.—In awarding 

7 grants under this section, the Secretary shall ensure, 

8 to the extent practicable, the equitable distribution 

9 of grants, based on— 

10 (A) geography (such as urban and rural 

11 distribution); and 

12 (B) States and local areas significantly im13 pacted by a qualifying emergency. 

14 (c) PRIORITY.—In awarding funds under this section, 

15 the Secretary shall give priority to eligible entities that 

16 will use such funds to serve individuals impacted by a 

17 qualifying emergency, as demonstrated by providing an as18 surance in the application submitted under subsection (d) 

19 that the eligible entity will use such funds to— 

20 (1) serve such individuals with barriers to em21 ployment, veterans, spouses of members of the 

22 Armed Forces, Native Americans, Alaska Natives, 

23 Native Hawaiians, or incumbent workers who are 

24 low-skilled and who need to increase their employ25 ability skills; 


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1 (2) serve such individuals from each major ra2 cial and ethnic group or gender with lower than av3 erage educational attainment in the State or employ4 ment in the in-demand industry sector or occupation 

5 that such award will support; or 

6 (3) serve areas with high unemployment rates 

7 or high levels of poverty, including rural areas. 

8 (d) APPLICATION.—An eligible entity seeking an 

9 award of funds under this section shall submit to the Sec10 retary an application containing a grant proposal at such 

11 time and in such manner, and containing such informa12 tion, as required by the Secretary, including a detailed de13 scription of the following: 

14 (1) Each entity (and the roles and responsibil15 ities of each entity) with which the eligible entity will 

16 partner to carry out activities under this section, in17 cluding each of the following: 

18 (A) An industry or sector partnership rep19 resenting a high-skill, high-wage, or in-demand 

20 industry sector or occupation. 

21 (B) A State higher education agency or a 

22 State workforce agency. 

23 (C) To the extent practicable— 

24 (i) State or local workforce develop25 ment systems; 


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1 (ii) economic development and other 

2 relevant State or local agencies; 

3 (iii) 1 or more community-based orga4 nizations; 

5 (iv) 1 or more institutions of higher 

6 education that primarily award 4-year de7 grees with which the eligible institution has 

8 developed or will develop articulation 

9 agreements for programs created or ex10 panded using funds under this section; 

11 (v) 1 or more providers of adult edu12 cation; and 

13 (vi) 1 or more labor organizations or 

14 joint labor-management partnerships. 

15 (2) The programs that will be supported with 

16 such award, including a description of— 

17 (A) each program that will developed or 

18 expanded, and how the program will be respon19 sive to the high-skill, high-wage, or in-demand 

20 industry sectors or occupations in the geo21 graphic region served by the eligible entity 

22 under this section, including— 

23 (i) how the eligible entity will collabo24 rate with employers to ensure each such 

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1 petencies necessary to meet future employ2 ment demand; and 

3 (ii) the quantitative data and evidence 

4 that demonstrates the extent to which each 

5 such program will meet the needs of em6 ployers in the geographic area served by 

7 the eligible entity under this section; 

8 (B) the recognized postsecondary creden9 tials to be awarded under each program de10 scribed in subparagraph (A); 

11 (C) how each such program will facilitate 

12 cooperation between representatives of workers 

13 and employers in the local areas to ensure a 

14 fair and engaging workplace that balances the 

15 priorities and well-being of workers with the 

16 needs of businesses; 

17 (D) the extent to which each such program 

18 aligns with a statewide or regional workforce 

19 development strategy, including such strategies 

20 established under section 102(b)(1) of the 

21 Workforce Innovation and Opportunity Act (29 

22 U.S.C. 3112(b)(1)); and 

23 (E) how the eligible entity will ensure the 

24 quality of each such program, the career path25 ways within such programs, and the jobs in the 


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1 industry sectors or occupations to which the 

2 program is aligned. 

3 (3) The extent to which the eligible entity can 

4 leverage additional resources, and demonstration of 

5 the future sustainability of each such program. 

6 (4) How each such program and activities car7 ried out under the grant will include evidence-based 

8 practices, including a description of such practices. 

9 (5) The student populations that will be served 

10 by the eligible entity, including— 

11 (A) an analysis of any barriers to employ12 ment or barriers to postsecondary education 

13 that such populations face, and an analysis of 

14 how the services to be provided by the eligible 

15 entity under this section will address such bar16 riers; and 

17 (B) how the eligible entity will support 

18 such populations to establish a work history, 

19 demonstrate success in the workplace, and de20 velop the skills and competencies that lead to 

21 entry into and retention in unsubsidized em22 ployment. 

23 (6) Assurances the eligible entity will partici24 pate in and comply with third-party evaluations de25 scribed in subsection (f)(3). 


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1 (e) USE OF FUNDS.— 

2 (1) IN GENERAL.—An eligible entity shall use a 

3 grant awarded under this section to establish and 

4 scale career training programs, including career and 

5 technical education programs, and career pathways 

6 and supports for students participating in such pro7 grams. 

8 (2) STUDENT SUPPORT AND EMERGENCY SERV9 ICES.—Not less than 15 percent of the grant award10 ed to an eligible entity under this section shall be 

11 used to carry out student support services which 

12 may include the following: 

13 (A) Supportive services, including 

14 childcare, transportation, mental health serv15 ices, substance use disorder prevention and 

16 treatment, assistance in obtaining health insur17 ance coverage, housing, and assistance in ac18 cessing the supplemental nutrition assistance 

19 program established under the Food and Nutri20 tion Act of 2008 (7 U.S.C. 2011 et seq.), the 

21 special supplemental nutrition program for 

22 women, infants, and children established by sec23 tion 17 of the Child Nutrition Act of 1966 (42 

24 U.S.C. 1786), and other benefits, as appro25 priate. 


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1 (B) Connecting students to State or Fed2 eral means-tested benefits programs, including 

3 the means-tested Federal benefits programs de4 scribed in subparagraphs (A) through (F) of 

5 section 479(d)(2) of the Higher Education Act 

6 of 1965 (20 U.S.C. 1087ss(d)(2)). 

7 (C) The provision of direct financial assist8 ance to help students facing financial hardships 

9 that may impact enrollment in or completion of 

10 a program assisted with such funds. 

11 (D) Navigation, coaching, mentorship, and 

12 case management services, including providing 

13 information and outreach to populations de14 scribed in subsection (c) to take part in a pro15 gram supported with such funds. 

16 (E) Providing access to necessary supplies, 

17 materials, or technological devices, and required 

18 equipment, and other supports necessary to 

19 participate in such programs. 

20 (3) ADDITIONAL REQUIRED PROGRAM ACTIVI21 TIES.—The funds awarded to an eligible entity 

22 under this section that remain after carrying out 

23 paragraph (2) shall be used to— 

24 (A) create, develop, or expand articulation 

25 agreements (as defined in section 486A(a) of 


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1 the Higher Education Act of 1965 (20 U.S.C. 

2 1093a(a)), credit transfer agreements, policies 

3 to award credit for prior learning, corequisite 

4 remediation, dual or concurrent enrollment pro5 grams, career pathways, and competency-based 

6 education; 

7 (B) establish or expand industry or sector 

8 partnerships to develop or expand academic 

9 programs and curricula; 

10 (C) establish or expand work-based learn11 ing opportunities, including apprenticeship pro12 grams or paid internships; 

13 (D) establish or implement plans for pro14 grams supported with funds under this section 

15 to be included on the eligible training provider, 

16 as described under section 122(d) of the Work17 force Innovation and Opportunity Act (29 

18 U.S.C. 3152(d)); 

19 (E) award academic credit or provide for 

20 academic alignment towards credit pathways for 

21 programs assisted with such funds, including 

22 industry recognized credentials, competency23 based education, or work-based learning; 

24 (F) make available open, searchable, and 

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1 secondary credentials awarded under such pro2 grams, including the related skills or com3 petencies, related employment, and earnings 

4 outcomes; or 

5 (G) acquiring equipment necessary to sup6 port activities permitted under this section. 

7 (f) SECRETARIAL RESERVATIONS.—Not more than 5 

8 percent of the funds appropriated for a fiscal year may 

9 be used by the Secretary for— 

10 (1) the administration of the program under 

11 this section, including providing technical assistance 

12 to eligible entities; 

13 (2) targeted outreach to eligible institutions 

14 serving a high number or high percentage of low-in15 come populations, and rural serving eligible institu16 tions to provide guidance and assistance in the grant 

17 application process under this section; and 

18 (3) a rigorous, third-party evaluation that uses 

19 experimental or quasi-experimental design or other 

20 research methodologies that allow for the strongest 

21 possible causal inferences to determine whether each 

22 eligible entity carrying out a program supported 

23 under this section has met the goals of such pro24 gram as described in the application submitted by el25 igible entity, including through a national assessVerDate Sep 11 2014 03:09 Jul 13, 2020 Jkt 099200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\S4112.IS S4112

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1 ment of all such programs at the conclusion of each 

2 4-year grant period. 

3 (g) REPORTS AND DISSEMINATION.— 

4 (1) REPORTS.—Each eligible entity receiving 

5 funds under this section shall report to the Sec6 retary annually on— 

7 (A) a description of the programs sup8 ported with such funds, including activities car9 ried out directly by the eligible entity and ac10 tivities carried out by each partner of the eligi11 ble entity described in subsection (d)(1); 

12 (B) data on the population served with the 

13 funds and labor market outcomes of popu14 lations served by the funds; 

15 (C) resources leveraged by the eligible enti16 ty to support activities under this section; and 

17 (D) the performance of each such program 

18 with respect to the indicators of performance 

19 under section 116(b)(2)(A)(i) of the Workforce 

20 Innovation and Opportunity Act (29 U.S.C. 

21 3141(b)(2)(A)(i)). 

22 (2) DISSEMINATION.—Each eligible entity re23 ceiving funds under this section shall— 


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1 (A) participate in activities regarding the 

2 dissemination of related research, best prac3 tices, and technical assistance; and 

4 (B) to the extent practicable, and as deter5 mined by the Secretary, make available to the 

6 public any materials created under the grant. 

7 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated, and there is appropriated, 

9 out of any money in the Treasury not already appro10 priated, to carry out this section $2,000,000,000 for fiscal 

11 year 2020, to remain available through fiscal year 2024. 

12 Subtitle F—E-Rate 

13 SEC. 255. E-RATE SUPPORT FOR WI-FI HOTSPOTS, OTHER 

14 EQUIPMENT, AND CONNECTED DEVICES DUR15 ING EMERGENCY PERIODS RELATING TO 

16 COVID–19. 

17 (a) DEFINITIONS.—In this section: 

18 (1) ADVANCED TELECOMMUNICATIONS AND IN19 FORMATION SERVICES.—The term ‘‘advanced tele20 communications and information services’’ means 

21 advanced telecommunications and information serv22 ices, as that term is used in section 254(h) of the 

23 Communications Act of 1934 (47 U.S.C. 254(h)). 

24 (2) COMMISSION.—The term ‘‘Commission’’ 

25 means the Federal Communications Commission. 


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1 (3) CONNECTED DEVICE.—The term ‘‘con2 nected device’’ means a laptop computer, tablet com3 puter, or similar device that is capable of connecting 

4 to advanced telecommunications and information 

5 services. 

6 (4) COVERED REGULATIONS.—The term ‘‘cov7 ered regulations’’ means the regulations promul8 gated under subsection (b). 

9 (5) EMERGENCY CONNECTIVITY FUND.—The 

10 term ‘‘Emergency Connectivity Fund’’ means the 

11 fund established under subsection (h)(1). 

12 (6) ELIGIBLE EQUIPMENT.—The term ‘‘eligible 

13 equipment’’ means the following: 

14 (A) Wi-Fi hotspots. 

15 (B) Modems. 

16 (C) Routers. 

17 (D) Devices that combine a modem and 

18 router. 

19 (E) Connected devices. 

20 (7) LIBRARY.—The term ‘‘library’’ includes a 

21 library consortium. 

22 (8) WI-FI.—The term ‘‘Wi-Fi’’ means a wire23 less networking protocol based on Institute of Elec24 trical and Electronics Engineers standard 802.11 

25 (or any successor standard). 


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1 (9) WI-FI HOTSPOT.—The term ‘‘Wi-Fi 

2 hotspot’’ means a device that is capable of— 

3 (A) receiving mobile advanced tele4 communications and information services; and 

5 (B) sharing such services with another de6 vice through the use of Wi-Fi. 

7 (b) REGULATIONS REQUIRED.—Not later than 7 

8 days after the date of enactment of this Act, the Commis9 sion shall promulgate regulations providing for the provi10 sion, from amounts made available from the Emergency 

11 Connectivity Fund, of support under section 254(h)(1)(B) 

12 of the Communications Act of 1934 (47 U.S.C. 

13 254(h)(1)(B)) to an elementary school, secondary school, 

14 or library (including a Tribal elementary school, Tribal 

15 secondary school, or Tribal library) eligible for support 

16 under that section, during a qualifying emergency (includ17 ing any portion of the qualifying emergency occurring be18 fore the date of enactment of this Act) of eligible equip19 ment or advanced telecommunications and information 

20 services, for use by— 

21 (1) in the case of a school, students and staff 

22 of the school at locations that include locations other 

23 than the school; and 


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1 (2) in the case of a library, patrons of the li2 brary at locations that include locations other than 

3 the library. 

4 (c) ELIGIBILITY OF TRIBAL LIBRARIES.—For pur5 poses of determining the eligibility of a Tribal library for 

6 support under the covered regulations, the portion of para7 graph (4) of section 254(h) of the Communications Act 

8 of 1934 (47 U.S.C. 254(h)) relating to eligibility for as9 sistance from a State library administrative agency under 

10 the Library Services and Technology Act (20 U.S.C. 9121 

11 et seq.) shall not apply. 

12 (d) PRIORITIZATION OF SUPPORT.—The Commission 

13 shall provide in the covered regulations for a mechanism 

14 to require a school or library to prioritize the provision 

15 of eligible equipment or advanced telecommunications and 

16 information services (or both), for which support is re17 ceived under those regulations, to students and staff or 

18 patrons (as the case may be) that the school or library 

19 believes do not have access to eligible equipment or ad20 vanced telecommunications and information services (or 

21 do not have access to either), respectively, at the resi22 dences of the students and staff or patrons. 

23 (e) TREATMENT OF EQUIPMENT AFTER QUALIFYING

24 EMERGENCY.—The Commission shall provide in the cov25 ered regulations that, in the case of a school or library 


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1 that purchases eligible equipment using support received 

2 under the covered regulations, the school or library— 

3 (1) may, after the qualifying emergency with 

4 respect to which the support is received, use the 

5 equipment for any purposes that the school or li6 brary considers appropriate, subject to any restric7 tions provided in the covered regulations (or any 

8 successor regulation); and 

9 (2) may not sell or otherwise transfer the equip10 ment in exchange for any thing (including a service) 

11 of value, except that the school or library may ex12 change the equipment for upgraded equipment of 

13 the same type. 

14 (f) RULE OF CONSTRUCTION.—Nothing in this sec15 tion shall be construed to affect any authority of the Com16 mission under section 254(h)(1)(B) of the Communica17 tions Act of 1934 (47 U.S.C. 254(h)(1)(B)) to allow sup18 port under that section to be used for the purposes de19 scribed in subsection (b) of this section other than as re20 quired by that subsection. 

21 (g) PROCEDURAL MATTERS.— 

22 (1) PART 54 REGULATIONS.—Nothing in this 

23 section shall be construed to prevent the Commission 

24 from providing that the regulations in part 54 of 

25 title 47, Code of Federal Regulations— 


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1 (A) shall apply in whole or in part to sup2 port provided under the covered regulations; 

3 (B) shall not apply in whole or in part to 

4 support provided under the covered regulations; 

5 or 

6 (C) shall be modified in whole or in part 

7 for purposes of application to support provided 

8 under the covered regulations. 

9 (2) EXEMPTION FROM CERTAIN RULEMAKING

10 REQUIREMENTS.—Subsections (b), (c), and (d) of 

11 section 553 of title 5, United States Code, shall not 

12 apply to the covered regulations or a rulemaking to 

13 promulgate the covered regulations. 

14 (3) PAPERWORK REDUCTION ACT EXEMP15 TION.—A collection of information conducted or 

16 sponsored under the covered regulations, or under 

17 section 254 of the Communications Act of 1934 (47 

18 U.S.C. 254) in connection with support provided 

19 under the covered regulations, shall not constitute a 

20 collection of information for the purposes of sub21 chapter I of chapter 35 of title 44, United States 

22 Code (commonly referred to as the ‘‘Paperwork Re23 duction Act’’). 

24 (h) EMERGENCY CONNECTIVITY FUND.— 


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1 (1) ESTABLISHMENT.—There is established in 

2 the Treasury of the United States a fund to be 

3 known as the ‘‘Emergency Connectivity Fund’’. 

4 (2) APPROPRIATION.—There is appropriated to 

5 the Emergency Connectivity Fund, out of any money 

6 in the Treasury not otherwise appropriated, 

7 $4,000,000,000 for fiscal year 2020, to remain 

8 available through fiscal year 2021. 

9 (3) USE OF FUNDS.—Amounts in the Emer10 gency Connectivity Fund shall be available to the 

11 Commission to provide support under the covered 

12 regulations. 

13 (4) RELATIONSHIP TO UNIVERSAL SERVICE

14 CONTRIBUTIONS.—Support provided under the cov15 ered regulations shall be provided from amounts 

16 made available under paragraph (3) and not from 

17 contributions under section 254(d) of the Commu18 nications Act of 1934 (47 U.S.C. 254(d)). 

19 TITLE III—GENERAL 

20 PROVISIONS 

21 SEC. 301. PROTECTIONS FOR CHILDREN WITH DISABIL22 ITIES. 

23 The Secretary of Education shall ensure that, in 

24 order for a State to receive any portion of amounts made 

25 available under this Act or the amendments made by this 


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1 Act for elementary education, secondary education, or 

2 early childhood education, the State shall provide an as3 surance to the Secretary that all children with disabilities, 

4 as defined in section 602 of the Individuals with Disabil5 ities Education Act (20 U.S.C. 1401), are afforded their 

6 full rights under— 

7 (1) the Individuals with Disabilities Education 

8 Act, including all rights and services outlined in in9 dividualized education programs (as defined in sec10 tion 614(d) of such Act (20 U.S.C. 1414(d)) and in11 dividualized family service plans (as described in sec12 tion 636 of such Act (20 U.S.C. 1436)); and 

13 (2) section 504 of the Rehabilitation Act of 

14 1973 (29 U.S.C. 794). 

15 SEC. 302. RULE OF CONSTRUCTION RELATING TO REG16 ISTERED APPRENTICESHIP PROGRAMS. 

17 If funds awarded under this Act, including all funds 

18 awarded for the purposes of grants, contracts, or coopera19 tive agreements, or the development, implementation, or 

20 administration of apprenticeship programs, are used to 

21 fund apprenticeship programs, those funds shall only be 

22 provided to apprenticeship programs that are registered 

23 by the Office of Apprenticeship or a State apprenticeship 

24 agency under the Act of August 16, 1937 (commonly 

25 known as the ‘‘National Apprenticeship Act’’) (50 Stat. 


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1 664, chapter 663; 29 U.S.C. 50 et seq.), including, as in 

2 effect on December 30, 2019, any requirement, standard, 

3 or rule promulgated under that Act. 

4 SEC. 303. GENERAL EDUCATION PROVISIONS ACT RE5 QUIREMENTS RELATING TO COVID–19. 

6 Notwithstanding any other provision of law, if deter7 mined necessary and appropriate due to a qualifying emer8 gency by the Secretary of Education, the Secretary may 

9 waive, for a period not to exceed academic year 2019– 

10 2020— 

11 (1) upon the request of a State or Indian Tribe 

12 receiving funds under title I of the Carl D. Perkins 

13 Career and Technical Education Act of 2006 (20 

14 U.S.C. 2321 et seq.), the limited period for obliga15 tions and expenditures under section 421(b)(1) of 

16 the General Education Provisions Act (20 U.S.C. 

17 1225(b(1)) for the State or Indian Tribe with re18 spect to such funds; and 

19 (2) upon the request of an eligible agency re20 ceiving funds under the Adult Education and Family 

21 Literacy Act (29 U.S.C. 3271 et seq.), the limited 

22 period under section 421(b)(1) of the General Edu23 cation Provisions Act (20 U.S.C. 1225(b)) for that 

24 eligible agency with respect to such funds. 


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1 SEC. 304. EMERGENCY DESIGNATION. 

2 (a) IN GENERAL.—The amounts provided by this Act 

3 are designated as an emergency requirement pursuant to 

4 section 4(g) of the Statutory Pay-As-You-Go Act of 2010 

5 (2 U.S.C. 933(g)). 

6 (b) DESIGNATION IN SENATE.—In the Senate, this 

7 Act is designated as an emergency requirement pursuant 

8 to section 4112(a) of H. Con. Res. 71 (115th Congress), 

9 the concurrent resolution on the budget for fiscal year 

10 2018. 

Æ 


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