Sec. 3. Preparedness and support grants for early care and education programs and Head Start agencies

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In this section: The term child with a disability has the meaning given the term in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ). The term eligible early care and education program means— an eligible child care provider, as defined in section 658P of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n ); a State prekindergarten program; or a group of entities described in subparagraph

(A)or (B). The term Head Start agency means a Head Start agency, including an Early Head Start agency, designated under section 641 of the Head Start Act ( 42 U.S.C. 9836 ). The term lead agency means a lead agency under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 ). The term low-income child means an eligible child as defined in section 658P of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n ). The term qualifying emergency means— a public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); an emergency for which a Governor of a State or territory has declared a state of emergency; an event for which the President declared a major disaster or an emergency under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 and 5191); or a national emergency declared by the President under section 201 of the National Emergencies Act ( 50 U.S.C. 1621 ). The term Secretary means the Secretary of Health and Human Services. From amounts appropriated to carry out this section and not reserved under paragraph

(3)or (4), the Secretary is authorized to award grants, on a competitive basis, to the lead agency to enable the lead agency to respond to safety and health risks presented by qualifying emergencies. Grant funds awarded under this section shall be expended not later than 2 years after the date on which such funds are awarded. The Secretary shall reserve 10 percent of the amounts appropriated to carry out this section to award competitive grants to Head Start agencies. The Secretary shall reserve 0.5 percent of the amounts appropriated to carry out this section to enable the Department of Health and Human Services— to provide technical assistance to eligible early care and education programs that request technical assistance; and to coordinate technical assistance that is provided by State, local, tribal, and territorial public health departments and other relevant agencies. The Secretary shall issue a notice inviting applications for grants under this section not later than 30 days after the date of enactment of this Act. The Secretary shall accept applications from lead agencies and Head Start agencies under this section on a rolling basis. The Secretary shall approve or deny applications from lead agencies and Head Start agencies under subsection

(c)not later than 30 days after the date of the submission of the application. A lead agency shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require. Each application shall include a description of the competitive grant process the lead agency will establish to award subgrant funds to eligible early care and education programs, including— a demonstration of the need for funds; a description of how the lead agency will make eligible early care and education programs aware of available funds; a description of the criteria the lead agency will use to award the subgrants; a description of how the subgrant funds will be allocated; and an assurance that the lead agency will, for the duration of the qualifying emergency, implement enrollment and eligibility policies that support the fixed costs of providing child care services by delinking provider reimbursement rates from an eligible child’s absence due to the qualifying emergency. A Head Start agency desiring a grant under this section to carry out the activities described in subsection

(e)with respect to Head Start programs shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require, including— a description of the need for funds; a description of how the Head Start agency will use the funds, including by providing a budget; a description of how the Head Start agency will address the unique needs of low-income children, children with disabilities, English learners, racial and ethnic minorities, and children experiencing homelessness; and any other requirements established by the Secretary. The lead agency shall— reserve 5 percent of grant funds to provide technical assistance, including providing technical assistance to eligible early care and education programs with limited administrative capacity, and carry out the reporting requirements described in subsection (f); and use 95 percent of grant funds to award subgrants, on a competitive basis, to eligible early care and education programs. An eligible early care and education program desiring to receive a subgrant under this section shall submit to the lead agency an application containing— a description of the need for funds; a description of how the eligible early care and education program will use the funds, including by providing a budget; a description of how the eligible early care and education program will address the unique needs of low-income children, children with disabilities, English learners, racial and ethnic minorities, and children experiencing homelessness; and any other requirements established by the lead agency. In awarding subgrants under this section, the lead agency shall prioritize the following eligible early care and education programs: Eligible early care and education programs with respect to which a significant percentage of the population served by the eligible early care and education program is impacted by a qualifying emergency. Eligible early care and education programs serving a high percentage of children receiving child care assistance from State programs funded under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq.). An eligible early care and education program receiving a subgrant under this section shall carry out one or more of the following activities with respect to such program, and a Head Start agency receiving a grant under this section shall carry out one or more of the following activities with respect to Head Start programs: Coordination of preparedness and response efforts of eligible early care and education programs or Head Start programs with State, local, tribal, and territorial public health departments, and other relevant agencies, to improve coordinated responses to qualifying emergencies among such entities. Activities to detect, prevent, or mitigate the spread of infectious disease or otherwise respond to a qualifying emergency based on best practices identified by or in coordination with a State, local, tribal, or territorial public health department. Developing and implementing procedures and systems to improve the preparedness and response efforts of eligible early care and education programs or Head Start programs. Providing mental health services and supports, including— counseling for children and staff of the eligible early care and education program or Head Start program; and mental health crisis response and intervention services for children and staff of the eligible early care and education program or Head Start program affected by a qualifying emergency. Training and professional development for staff of the eligible early care and education program or Head Start program on sanitation, and minimizing the spread of infectious diseases. Purchasing supplies to sanitize and clean the facilities of an eligible early care and education program or Head Start program, or hiring outside experts to mitigate and minimize spread of infectious disease in such facilities. Other costs that are necessary to maintain the operation of eligible early care and education programs or Head Start programs, such as substitute staff or other emergency assistance. Hiring temporary employees that are necessary to maintain the operations of the eligible early care and education program or Head Start agency in the event that the employees of such program or agency are unable to work by reason of a qualifying emergency, provided that the eligible entity carries out and agrees to all of the following: The eligible early care and education program or Head Start agency compensates any such temporary employees at a minimum amount of the greater of— the regular rate of pay of the employee who is unable to work by reason of the qualifying emergency; the minimum wage provided by section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ); or the minimum wage amount provided for by the State or locality in which the employee is employed. The eligible early care and education program or Head Start agency continues to compensate any employee who is unable to work by reason of a qualifying emergency and who is temporarily replaced under this paragraph at a minimum amount of the greater of— the regular rate of pay of the employee who is unable to work because of the qualifying emergency; the minimum wage provided by section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ); or the minimum wage amount provided for by the State or locality in which the employee is employed. An employee who was unable to work by reason of the qualifying emergency shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an eligible early care and education program or Head Start agency on the basis of the employee’s previous absence by reason of the qualifying emergency event. A person who is reemployed under this paragraph is entitled to the seniority and other rights and benefits determined by seniority that the person had on the date of the qualifying emergency plus the additional seniority and rights and benefits that such person would have attained if the person had remained continuously employed. In any case in which an employee who is unable to work by reason of the qualifying emergency (or the employee’s dependents) is enrolled in a group health plan (as defined in section 733 of the Employee Retirement Income Security Act of 1974), including group health insurance coverage (as defined in such section 733) offered in connection with such a plan, and such person is absent from such position of employment by reason of the qualifying emergency, or such person becomes eligible for medical and dental care under chapter 55 of title 10 by reason of subsection

(d)of section 1074 of that title, the plan or coverage shall provide that the person may elect to continue such enrollment in the plan or coverage for the duration of the qualifying emergency. The eligible early care and education program or Head Start agency may not discriminate in employment against or take any adverse employment action against any person because such person— has taken an action to enforce a protection afforded any person under this paragraph; has testified or otherwise made a statement in or in connection with any proceeding to enforce a protection under this paragraph; has assisted or otherwise participated in an investigation to enforce a protection under this paragraph; or has exercised a right provided for in this paragraph. An eligible early care and education program or Head Start agency shall be considered to have engaged in actions prohibited under this paragraph— if the employee’s inability to work during the qualifying emergency is a motivating factor in the eligible early care and education program or Head Start agency's action, unless the program or agency can prove that the action would have been taken in the absence of the employee’s inability to work; or if the employee’s— action to enforce a protection afforded any person under this paragraph; testimony or making of a statement in or in connection with any proceeding to enforce a protection under this paragraph; assistance or other participation in an investigation to enforce a protection under this paragraph; or exercise of a right provided for in this paragraph, is a motivating factor in the eligible early care and education program or Head Start agency's action, unless the program or agency can prove that the action would have been taken in the absence of such person’s enforcement action, testimony, statement, assistance, participation, or exercise of a right. An action to recover any damages or equitable relief for violating this paragraph may be maintained against the eligible early care and education program or Head Start agency in any Federal or State court of competent jurisdiction by one or more employees or individuals or their representative. At the end of the grant period, the lead agency shall prepare and submit to the Secretary a report containing the following information: The number of subgrants awarded, disaggregated by the type of eligible early care and education program. A list of subgrantees. Average subgrant award amount. The number and a list of subgrant applicants. A summary of the activities that eligible early care and education programs carried out using subgrant funds. Not later than 180 days after receiving a subgrant or grant under this section and every 180 days thereafter, an eligible early care and education program shall prepare and submit to the lead agency, and a Head Start agency shall prepare and submit to the Secretary, a report containing the following information: A summary of the activities that the eligible early care and education program or Head Start agency carried out using those funds. The number of children who were served by such activities, if applicable. There are authorized to be appropriated, and there are appropriated, from amounts in the Treasury not already appropriated, to carry out this section $300,000,000 for fiscal years 2020 and 2021 (in addition to any other amounts appropriated to carry out this section).

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Sec. 3

Preparedness and support grants for early care and education programs and Head Start agencies

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