Coronavirus Child Care and Education Relief Act
This bill provides approximately $430 billion in FY2020 appropriations for child care, child abuse prevention and treatment, elementary and secondary education, postsecondary education, and career and technical education in response to the COVID-19 (i.e., coronavirus disease 2019) public health emergency.
The amounts provided by the bill are designated as an emergency requirement pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO) and the Senate PAYGO rule.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4112 Introduced in Senate (IS)]
<DOC>
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coronavirus Child Care and Education
Relief Act''.
SEC. 2. TABLE OF CONTENTS.
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.
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.
Sec. 303. General Education Provisions Act requirements relating to
COVID-19.
Sec. 304. Emergency designation.
SEC. 3. DEFINITION OF QUALIFYING EMERGENCY.
In this Act, the term ``qualifying emergency'' has the meaning
given the term in section 3502 of division A of the Coronavirus Aid,
Relief, and Economic Security Act (Public Law 116-136).
TITLE I--SUPPORT FOR CHILDREN AND FAMILIES
SEC. 101. CHILD ABUSE PREVENTION AND TREATMENT ACT.
(a) Title I Appropriations.--
(1) In general.--There is appropriated to the Secretary of
Health and Human Services (referred to in this section as the
``Secretary''), out of amounts in the Treasury not otherwise
appropriated, $500,000,000 for fiscal year 2020, for the
purpose of providing additional funding for the State grant
program under section 106 of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106a).
(2) Allotments.--The Secretary shall make allotments out of
the amounts appropriated under paragraph (1) to each State and
territory receiving an allotment under section 106(f) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(f))
for fiscal year 2019, in the same manner that amounts
appropriated under section 112 of such Act (42 U.S.C. 5106f)
are allotted to States in accordance with section 106(f)(2) of
such Act.
(3) Children, families, and child welfare workers' health
and safety.--The Secretary shall allow each State to use
amounts appropriated under paragraph (1) and allocated under
paragraph (2) to cover costs that the State determines
necessary to support child welfare workers in preventing,
investigating, and treating child abuse and neglect in response
to a qualifying emergency, including for the purchase of
personal protective equipment and sanitation supplies,
consistent with section 106 of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106a).
(b) Child Abuse Prevention Appropriation.--
(1) In general.--There is appropriated to the Secretary,
out of amounts in the Treasury not otherwise appropriated,
$1,000,000,000 for fiscal year 2020, for the purpose of
providing additional funding for the community-based grants for
the prevention of child abuse and neglect under title II of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5116 et
seq.).
(2) Allotments.--The Secretary shall make allotments out of
the amounts appropriated under paragraph (1) to each State
receiving an allotment under section 203 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116b) for fiscal year
2019, in the same manner that amounts appropriated under
section 209 of such Act (42 U.S.C. 5116i) are allotted to
States in accordance with section 203 of such Act, except that,
in allotting amounts under this subsection--
(A) in subsection (a) of such section 203, ``1
percent'' shall be deemed to be ``5 percent'';
(B) in subsection (b)(1)(A) of such section 203,
``70 percent'' shall be deemed to be ``100 percent'';
and
(C) subsections (b)(1)(B) and (c) of such section
203 shall not apply.
(3) Community-based programs and activities health and
safety.--The Secretary shall allow each State lead entity to
use amounts appropriated under paragraph (1) and allocated to
the State under paragraph (2) to cover costs that the lead
entity determines necessary to maintain the operation of
community-based and prevention-focused programs and activities
in the State in response to a qualifying emergency, including
for the purchase of personal protective equipment and
sanitation supplies, consistent with title II of Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116 et seq.).
(4) No state matching requirement.--Notwithstanding section
204(4) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116d(4)), a State shall not be required to provide any
additional funding for the program under title II of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5116 et seq.) as
a condition for receiving an allocation under paragraph (1).
(c) In General.--Any amount appropriated or made available under
this section is in addition to other amounts appropriated or made
available for the applicable purpose, and shall remain available until
expended.
SEC. 102. CHILD CARE STABILIZATION FUND.
(a) Definitions.--In this section, the terms ``eligible child care
provider'', ``Indian tribe'', ``lead agency'', ``tribal organization'',
``Secretary'', and ``State'' have the meanings given the terms in
section 658P of the Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9858n) except as otherwise provided in this section.
(b) Grants.--From funds appropriated to carry out this section and
under the authority of section 658O of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858m) and this section, the
Secretary shall establish a Child Care Stabilization Fund grants
program, through which the Secretary shall award child care
stabilization grants to the lead agency of each State (as defined in
that section 658O), territory described in subsection (a)(1) of such
section, Indian tribe, and tribal organization from allotments and
payments made under subsection (c)(2), not later than 30 days after the
date of enactment of this Act.
(c) Secretarial Reservation and Allotments.--
(1) Reservation.--The Secretary shall reserve not more than
1 percent of the funds appropriated to carry out this section
for the Federal administration of grants described in
subsection (b).
(2) Allotments.--The Secretary shall use the remainder of
the funds appropriated to carry out this section to award
allotments to States, as defined in section 658O of the Child
Care Development Block Grant Act of 1990 (42 U.S.C. 9858m), and
payments to territories, Indian tribes, and tribal
organizations in accordance with paragraphs (1) and (2) of
subsection (a), and subsection (b), of section 658O of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858m).
(d) State Reservations and Subgrants.--
(1) Reservation.--A lead agency for a State that receives a
child care stabilization grant pursuant to subsection (b) shall
reserve not more than 10 percent of such grant funds--
(A) to administer subgrants made to qualified child
care providers under paragraph (2), including to carry
out data systems building and other activities that
enable the disbursement of payments of such subgrants;
(B) to provide technical assistance and support in
applying for and accessing the subgrant opportunity
under paragraph (2), to eligible child care providers
(including to family child care providers, group home
child care providers, and other non-center-based child
care providers and providers with limited
administrative capacity), either directly or through
resource and referral agencies or staffed family child
care networks;
(C) to publicize the availability of subgrants
under this section and conduct widespread outreach to
eligible child care providers, including family child
care providers, group home child care providers, and
other non-center-based child care providers and
providers with limited administrative capacity, either
directly or through resource and referral agencies or
staffed family child care networks, to ensure eligible
child care providers are aware of the subgrants
available under this section;
(D) to carry out the reporting requirements
described in subsection (f); and
(E) to carry out activities to improve the supply
and quality of child care during and after the
qualifying emergency, such as conducting community
needs assessments, carrying out child care cost
modeling, making improvements to child care facilities,
increasing access to licensure or participation in the
State's tiered quality rating system, and carrying out
other activities described in section 658G(b) of the
Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858e(b)), to the extent that the lead agency
can carry out activities described in this subparagraph
without preventing the lead agency from fully
conducting the activities described in subparagraphs
(A) through (D).
(2) Subgrants to qualified child care providers.--
(A) In general.--The lead agency shall use the
remainder of the grant funds awarded pursuant to
subsection (b) to make subgrants to qualified child
care providers described in subparagraph (B), to
support the stability of the child care sector during
and after the qualifying emergency. The lead agency
shall provide the subgrant funds in advance of provider
expenditures for costs described in subsection (e),
except as provided in subsection (e)(2).
(B) Qualified child care provider.--To be qualified
to receive a subgrant under this paragraph, a provider
shall be an eligible child care provider that--
(i) was providing child care services on or
before March 1, 2020; and
(ii) on the date of submission of an
application for the subgrant, was either--
(I) open and available to provide
child care services; or
(II) closed due to the qualifying
emergency.
(C) Subgrant amount.--The lead agency shall make
subgrants, from amounts awarded pursuant to subsection
(b), to qualified child care providers, and the amount
of such a subgrant to such a provider shall--
(i)(I) be based on the provider's stated
average operating expenses during the period
(of not longer than 6 months) before March 1,
2020, or, for a provider that operates
seasonally, during a period (of not longer than
6 months) before the provider's last day of
operation; and
(II) at minimum cover such operating
expenses for the intended length of the
subgrant;
(ii) account for increased costs of
providing or preparing to provide child care as
a result of the qualifying emergency, such as
provider and employee compensation and existing
benefits (existing as of March 1, 2020) and the
implementation of new practices related to
sanitization, group size limits, and social
distancing;
(iii) be adjusted for payments or
reimbursements made to an eligible child care
provider to carry out the Child Care and
Development Block Grant Act of 1990 (42 U.S.C.
9857 et seq.) or the Head Start Act (42 U.S.C.
9831 et seq.); and
(iv) be adjusted for payments or
reimbursements made to an eligible child care
provider through the Paycheck Protection
Program set forth in section 7(a)(36) of the
Small Business Act (15 U.S.C. 636(a)(36)), as
added by section 1102 of the Coronavirus Aid,
Relief, and Economic Security Act (Public Law
116-136).
(D) Application.--
(i) Eligibility.--To be eligible to receive
a subgrant under this paragraph, a child care
provider shall submit an application to a lead
agency at such time and in such manner as the
lead agency may require. Such application shall
include--
(I) a good-faith certification that
the ongoing operations of the child
care provider have been impacted as a
result of the qualifying emergency;
(II) for a provider described in
subparagraph (B)(ii)(I), an assurance
that, for the duration of the
qualifying emergency--
(aa) the provider will give
priority for available slots
(including slots that are only
temporarily available) to--
(AA) children of
essential workers (such
as health care sector
employees, emergency
responders, sanitation
workers, farmworkers,
child care employees,
and other workers
determined to be
essential during the
response to COVID-19 by
public officials),
children of workers
whose places of
employment require
their attendance,
children experiencing
homelessness, children
with disabilities,
children at risk of
child abuse or neglect,
and children in foster
care, in States, tribal
communities, or
localities where stay-
at-home or related
orders are in effect;
or
(BB) children of
workers whose places of
employment require
their attendance,
children experiencing
homelessness, children
with disabilities,
children at risk of
child abuse or neglect,
children in foster
care, and children
whose parents are in
school or a training
program, in States,
tribal communities, or
localities where stay-
at-home or related
orders are not in
effect;
(bb) the provider will
implement policies in line with
guidance from the Centers for
Disease Control and Prevention
and the State, tribal, and
local health authorities, and
in accordance with State,
tribal, and local orders, for
child care providers that
remain open, including guidance
on sanitization practices,
group size limits, and social
distancing;
(cc) for each employee, the
provider will pay the full
compensation described in
subsection (e)(1)(C), including
any benefits, that was provided
to the employee as of March 1,
2020 (referred to in this
clause as ``full
compensation''), and will not
take any action that reduces
the weekly amount of the
employee's compensation below
the weekly amount of full
compensation, or that reduces
the employee's rate of
compensation below the rate of
full compensation; and
(dd) the provider will
provide relief from copayments
and tuition payments for the
families enrolled in the
provider's program and
prioritize such relief for
families struggling to make
either type of payment;
(III) for a provider described in
subparagraph (B)(ii)(II), an assurance
that--
(aa) for the duration of
the provider's closure due to
the qualifying emergency, for
each employee, the provider
will pay full compensation, and
will not take any action that
reduces the weekly amount of
the employee's compensation
below the weekly amount of full
compensation, or that reduces
the employee's rate of
compensation below the rate of
full compensation;
(bb) children enrolled as
of March 1, 2020, will maintain
their slots, unless their
families choose to disenroll
the children;
(cc) for the duration of
the provider's closure due to
the qualifying emergency, the
provider will provide relief
from copayments and tuition
payments for the families
enrolled in the provider's
program and prioritize such
relief for families struggling
to make either type of payment;
and
(dd) the provider will
resume operations when the
provider is able to safely
implement policies in line with
guidance from the Centers for
Disease Control and Prevention
and the State, tribal, and
local health authorities, and
in accordance with State,
tribal, and local orders;
(IV) information about the child
care provider's--
(aa) program
characteristics sufficient to
allow the lead agency to
establish the child care
provider's priority status, as
described in subparagraph (F);
(bb) program operational
status on the date of
submission of the application;
(cc) type of program,
including whether the program
is a center-based child care,
family child care, group home
child care, or other non-
center-based child care type
program;
(dd) total enrollment on
the date of submission of the
application and total capacity
as allowed by the State and
tribal and local authorities;
and
(ee) receipt of assistance,
and amount of assistance,
through a payment or
reimbursement described in
subparagraph (C)(iv), and the
time period for which the
assistance was made;
(V) information necessary to
determine the amount of the subgrant,
such as information about the
provider's stated average operating
expenses over the appropriate period
described in subparagraph (C)(i); and
(VI) such other limited information
as the lead agency shall determine to
be necessary to make subgrants to
qualified child care providers.
(ii) Frequency.--The lead agency shall
accept and process applications submitted under
this subparagraph on a rolling basis.
(iii) Updates.--The lead agency shall--
(I) at least once a month, verify
by obtaining a self-attestation from
each qualified child care provider that
received such a subgrant from the
agency, whether the provider is open
and available to provide child care
services or is closed due to the
qualifying emergency;
(II) allow the qualified child care
provider to update the information
provided in a prior application; and
(III) adjust the qualified child
care provider's subgrant award as
necessary, based on changes to the
application information, including
changes to the provider's operational
status.
(iv) Existing applications.--If a lead
agency has established and implemented a grant
program for child care providers that is in
effect on the date of enactment of this Act,
and an eligible child care provider has already
submitted an application for such a grant to
the lead agency containing the information
specified in clause (i), the lead agency shall
treat that application as an application
submitted under this subparagraph. If an
eligible child care provider has already
submitted such an application containing part
of the information specified in clause (i), the
provider may submit to the lead agency an
abbreviated application that contains the
remaining information, and the lead agency
shall treat the 2 applications as an
application submitted under this subparagraph.
(E) Materials.--
(i) In general.--The lead agency shall
provide the materials and other resources
related to such subgrants, including a
notification of subgrant opportunities and
application materials, to qualified child care
providers in the most commonly spoken languages
in the State.
(ii) Application.--The application shall be
accessible on the website of the lead agency
within 30 days after the lead agency receives
grant funds awarded pursuant to subsection (b)
and shall be accessible to all eligible child
care providers, including family child care
providers, group home child care providers, and
other non-center-based child care providers and
providers with limited administrative capacity.
(F) Priority.--In making subgrants under this
section, the lead agency shall give priority to
qualified child care providers that, prior to or on
March 1, 2020--
(i) provided child care during
nontraditional hours;
(ii) served dual language learners,
children with disabilities, children
experiencing homelessness, children in foster
care, children from low-income families, or
infants and toddlers;
(iii) served a high proportion of children
whose families received subsidies under the
Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9857 et seq.) for the child
care; or
(iv) operated in localities, including
rural localities, with a low supply of child
care.
(G) Providers receiving other assistance.--The lead
agency, in determining whether a provider is a
qualified child care provider, shall not take into
consideration receipt of a payment or reimbursement
described in clause (iii) or (iv) of subparagraph (C).
(H) Awards.--The lead agency shall equitably make
subgrants under this paragraph to center-based child
care providers, family child care providers, group home
child care providers, and other non-center-based child
care providers, such that qualified child care
providers are able to access the subgrant opportunity
under this paragraph regardless of the providers'
setting, size, or administrative capacity.
(I) Obligation.--The lead agency shall obligate at
least 50 percent of funds available to carry out this
section for subgrants described in this paragraph, by
December 31, 2020.
(e) Uses of Funds.--
(1) In general.--A qualified child care provider that
receives funds through such a subgrant may use the funds for
the costs of--
(A) payroll;
(B) employee benefits, including group health plan
benefits during periods of paid sick, medical, or
family leave, and insurance premiums;
(C) employee salaries or similar compensation,
including any income or other compensation to a sole
proprietor or independent contractor that is a wage,
commission, income, net earnings from self-employment,
or similar compensation;
(D) payment on any mortgage obligation;
(E) rent (including rent under a lease agreement);
(F) utilities;
(G) insurance;
(H) providing premium pay for child care providers
and other employees who provide services during the
qualifying emergency;
(I) sanitization and other costs associated with
cleaning;
(J) personal protective equipment and other
equipment necessary to carry out the functions of the
child care provider;
(K) training and professional development related
to health and safety practices, including the proper
implementation of policies in line with guidance from
the Centers for Disease Control and Prevention and the
State, tribal, and local health authorities, and in
accordance with State, tribal, and local orders;
(L) modifications to child care services as a
result of the qualifying emergency, such as limiting
group sizes, adjusting staff-to-child ratios, and
implementing other heightened health and safety
measures;
(M) mental health services and supports for
children and employees; and
(N) other goods and services necessary to maintain
or resume operation of the child care program, or to
maintain the viability of the child care provider as a
going concern during and after the qualifying
emergency.
(2) Reimbursement.--The qualified child care provider may
use the subgrant funds to reimburse the provider for sums
obligated or expended before the date of enactment of this Act
for the cost of a good or service described in paragraph (1) to
respond to the qualifying emergency.
(f) Reporting.--
(1) Initial report.--A lead agency receiving a grant under
this section shall, within 60 days after making the agency's
first subgrant under subsection (d)(2) to a qualified child
care provider, submit a report to the Secretary that includes--
(A) data on qualified child care providers that
applied for subgrants and qualified child care
providers that received such subgrants, including--
(i) the number of such applicants and the
number of such recipients;
(ii) the number and proportion of such
applicants and recipients that received
priority and the characteristic or
characteristics of such applicants and
recipients associated with the priority;
(iii) the number and proportion of such
applicants and recipients that are--
(I) center-based child care
providers;
(II) family child care providers;
(III) group home child care
providers; or
(IV) other non-center-based child
care providers; and
(iv) within each of the groups listed in
clause (iii), the number of such applicants and
recipients that are, on the date of submission
of the application--
(I) open and available to provide
child care services; or
(II) closed due to the qualifying
emergency;
(B) the total capacity of child care providers that
are licensed, regulated, or registered in the State on
the date of the submission of the report;
(C) a description of--
(i) the efforts of the lead agency to
publicize the availability of subgrants under
this section and conduct widespread outreach to
eligible child care providers about such
subgrants, including efforts to make materials
available in languages other than English;
(ii) the lead agency's methodology for
determining amounts of subgrants under
subsection (d)(2);
(iii) the lead agency's timeline for
disbursing the subgrant funds; and
(iv) the lead agency's plan for ensuring
that qualified child care providers that
receive funding through such a subgrant comply
with assurances described in subsection
(d)(2)(D) and use funds in compliance with
subsection (e); and
(D) such other limited information as the Secretary
may require.
(2) Quarterly report.--The lead agency shall, following the
submission of such initial report, submit to the Secretary a
report that contains the information described in subparagraphs
(A), (B), and (D) of paragraph (1) once a quarter until all
funds allotted for activities authorized under this section are
expended.
(3) Final report.--Not later than 60 days after a lead
agency receiving a grant under this section has obligated all
of the grant funds (including funds received under subsection
(h)), the lead agency shall submit a report to the Secretary,
in such manner as the Secretary may require, that includes--
(A) the total number of eligible child care
providers who were providing child care services on or
before March 1, 2020, in the State and the number of
such providers that submitted an application under
subsection (d)(2)(D);
(B) the number of qualified child care providers in
the State that received funds through the grant;
(C) the lead agency's methodology for determining
amounts of subgrants under subsection (d)(2);
(D) the average and range of the subgrant amounts
by provider type (center-based child care, family child
care, group home child care, or other non-center-based
child care provider);
(E) the percentages, of the child care providers
that received such a subgrant, that, on or before March
1, 2020--
(i) provided child care during
nontraditional hours;
(ii) served dual language learners,
children with disabilities, children
experiencing homelessness, children in foster
care, children from low-income families, or
infants and toddlers;
(iii) served a high percentage of children
whose families received subsidies under the
Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9857 et seq.) for the child
care; and
(iv) operated in localities, including
rural localities, with a low supply of child
care;
(F) the number of children served by the child care
providers that received such a subgrant, for the
duration of the subgrant;
(G) the percentages, of the child care providers
that received such a subgrant, that are--
(i) center-based child care providers;
(ii) family child care providers;
(iii) group home child care providers; or
(iv) other non-center-based child care
providers;
(H) the percentages, of the child care providers
listed in subparagraph (G) that are, on the date of
submission of the application--
(i) open and available to provide child
care services; or
(ii) closed due to the qualifying
emergency;
(I) information about how child care providers used
the funds received under such a subgrant;
(J) information about how the lead agency used
funds reserved under subsection (d)(1); and
(K) information about how the subgrants helped to
stabilize the child care sector.
(4) Reports to congress.--
(A) Findings from initial reports.--Not later than
60 days after receiving all reports required to be
submitted under paragraph (1), the Secretary shall
provide a report to the Committee on Education and
Labor and the Committee on Appropriations of the House
of Representatives and to the Committee on Health,
Education, Labor, and Pensions and the Committee on
Appropriations of the Senate, summarizing the findings
from the reports received under paragraph (1).
(B) Findings from final reports.--Not later than 36
months after the date of enactment of this Act, the
Secretary shall provide a report to the Committee on
Education and Labor and the Committee on Appropriations
of the House of Representatives and to the Committee on
Health, Education, Labor, and Pensions and the
Committee on Appropriations of the Senate, summarizing
the findings from the reports received under paragraph
(3).
(g) Supplement Not Supplant.--Amounts made available to carry out
this section shall be used to supplement and not supplant other
Federal, State, and local public funds expended to provide child care
services for eligible individuals, including funds provided under the
Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et
seq.) and State child care programs.
(h) Reallotment of Unobligated Funds.--
(1) Unobligated funds.--A State, Indian tribe, or tribal
organization shall return to the Secretary any grant funds
received under this section that the State, Indian tribe, or
tribal organization does not obligate by September 30, 2021.
(2) Reallotment.--The Secretary shall award new allotments
and payments, in accordance with subsection (c)(2), to covered
States, Indian tribes, or tribal organizations from funds that
are returned under paragraph (1) within 60 days of receiving
such funds. Funds made available through the new allotments and
payments shall remain available to each such covered State,
Indian tribe, or tribal organization until September 30, 2022.
(3) Covered state, indian tribe, or tribal organization.--
For purposes of paragraph (2), a covered State, Indian tribe,
or tribal organization is a State, Indian tribe, or tribal
organization that received an allotment or payment under this
section and was not required to return grant funds under
paragraph (1).
(i) Exceptions.--The Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9857 et seq.), excluding requirements in subparagraphs
(C) through (E) of section 658E(c)(3), section 658G, and section
658J(c) of such Act (42 U.S.C. 9858c(c)(3), 9858e, 9858h(c)), shall
apply to child care services provided under this section to the extent
the application of such Act does not conflict with the provisions of
this section. Nothing in this section shall be construed to require a
State, Indian tribe, or tribal organization to submit an application,
other than the application described in section 658E or 658O(c) of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c,
9858m(c)), to receive a grant under this section.
(j) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated,
and there is appropriated, out of any money in the Treasury not
already appropriated, to carry out this section $50,000,000,000
for fiscal year 2020, to remain available until expended.
(2) Application.--In carrying out the Child Care and
Development Block Grant Act of 1990 with funds other than the
funds appropriated under paragraph (1), the Secretary shall
calculate the amounts of appropriated funds described in
subsections (a) and (b) of section 658O of such Act (42 U.S.C.
9858m) by excluding funds appropriated under paragraph (1).
TITLE II--SUPPORT FOR STUDENTS AND SCHOOLS
Subtitle A--Education Stabilization Fund Improvements
SEC. 211. INCREASE IN APPROPRIATIONS.
There is appropriated, out of amounts in the Treasury not otherwise
appropriated, for an additional amount for the Education Stabilization
Fund, as established under division B of the Coronavirus Aid, Relief,
and Economic Security Act (Public Law 116-136), $345,000,000,000, to
remain available through fiscal year 2021, to prevent, prepare for, and
respond to COVID-19, domestically or internationally.
SEC. 212. EDUCATION STABILIZATION FUNDS.
(a) Education Stabilization Funds.--Section 18001 of division B of
the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
136) is amended to read as follows:
``education stabilization fund
``Sec. 18001. (a) Allocations.--
``(1) In general.--From any amounts made available for this
heading to carry out the Education Stabilization Fund, the
Secretary shall first allocate--
``(A) not more than one-half of 1 percent to the
outlying areas on the basis of their respective needs,
as determined by the Secretary, in consultation with
the Secretary of the Interior; and
``(B) one-half of 1 percent for the Secretary of
Interior, in consultation with the Secretary of
Education, for programs operated or funded by the
Bureau of Indian Education and Tribal Colleges or
Universities.
``(2) Timing requirement.--By not later than 30 days after
the date of enactment of an Act appropriating or otherwise
making available amounts to carry out the Education
Stabilization Fund, the Secretary shall make the allocations
required under paragraph (1).
``(b) Reservations.--After carrying out subsection (a), the
Secretary shall reserve the remaining funds made available as follows:
``(1) 9.8 percent to carry out section 18002 of this title.
``(2) 51.3 percent to carry out section 18003 of this
title.
``(3) 38.9 percent to carry out section 18004 of this
title.''.
(b) Governor's Emergency Education Relief Fund.--Section 18002(c)
of the Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136) is amended--
(1) in paragraph (2), by striking ``and''; and
(2) by striking paragraph (3) and inserting the following:
``(3) provide support to early childhood education
programs, as defined in section 103 of the Higher Education Act
of 1965 (20 U.S.C. 1003), including State and local
prekindergarten programs, within the State that the Governor
deems essential for promoting continuity of care and
educational services for children; and
``(4) provide support to any other institution of higher
education, local educational agency, educational service
agency, area career and technical education school (as defined
in section 3 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302)), or eligible provider
of adult education and literacy activities (as such terms are
defined in section 203 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3272)) within the State that the
Governor deems essential for carrying out emergency educational
services to students for authorized activities described in
section 18003(d)(1)(A) of this title or the Higher Education
Act of 1965 (20 U.S.C. 1001 et seq.), the provision of child
care and early childhood education, social and emotional
support, and the protection of education-related jobs.''.
(c) Elementary and Secondary School Emergency Relief Fund.--
Subsections (d) and (e) of section 18003 of division B of the
Coronavirus Aid, Relief, and Economic Security Act are amended to read
as follows:
``(d) Uses of Funds.--
``(1) In general.--A local educational agency that receives
funds under this title may, subject to paragraph (2), use the
funds for any of the following:
``(A) Any activity authorized by the Elementary and
Secondary Education Act of 1965, including the Native
Hawaiian Education Act and the Alaska Native
Educational Equity, Support, and Assistance Act (20
U.S.C. 6301 et seq.), the Individuals with Disabilities
Education Act (29 U.S.C. 3271 et seq.), the Adult
Education and Family Literacy Act (29 U.S.C. 3271 et
seq.), the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.), or
subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11431 et seq.).
``(B) Coordination of preparedness and response
efforts of local educational agencies with State,
local, Tribal, and territorial public health
departments, and other relevant agencies, to improve
coordinated responses among such entities to prevent,
prepare for, respond to, and mitigate the spread of
COVID-19, including--
``(i) developing strategies and
implementing public health protocols for the
reopening and operation of school facilities to
effectively maintain the health and safety of
students, educators, and other staff; and
``(ii) addressing school management and
operation issues due to social distancing and
the COVID-19 pandemic, including issues related
to transportation services, school schedules,
food services, the health and safety of
students, educators, and other staff,
environmental management, and cleaning,
sanitizing and disinfecting educational
facilities.
``(C) Providing principals and other school leaders
with the resources necessary to address the needs of
their individual schools, including effectively
communicating with families and staff, improving
instruction provided to students through distance
education, and supporting the social and emotional
wellbeing of students, educators, and other staff.
``(D) Activities to address the needs of low-income
students, children with disabilities, English learners,
students of color, students experiencing homelessness,
migrant children, children and youth in foster care,
and students involved with the juvenile justice system,
including outreach and service delivery to meet the
needs of each population.
``(E) Developing and implementing procedures and
systems to improve the preparedness and response
efforts of local educational agencies.
``(F) Meeting the social, emotional, and academic
needs of students and educators during a qualifying
emergency, including--
``(i) providing mental health services and
trauma-informed supports, including universal
screening and other evidence-based prevention
practices;
``(ii) measuring students' current academic
progress and addressing learning loss,
including using diagnostic assessments to
identify students' needs;
``(iii) providing professional development
for educators, paraprofessionals, principals,
other school leaders, specialized instructional
support personnel, and other staff to respond
to students' needs, including professional
development on the use of diagnostic
assessments described in paragraph (2)(A); and
``(iv) supporting access to school-age
child care and services provided by community
learning centers.
``(G)(i) Purchasing supplies to sanitize and clean
the facilities of a local educational agency, including
buildings operated by such agency, and purchasing
personal protective equipment for educators and other
staff and students.
``(ii) Providing training or professional
development to educators, principals, other school
leaders, and other staff of the local educational
agency on sanitation, the use of personal protective
equipment, and minimizing the spread of infectious
diseases.
``(H) Planning, coordinating, and implementing
activities during long-term and short-term school
closures and staggered school schedules, including--
``(i) providing meals to eligible students;
``(ii) providing technology and
connectivity for online learning to all
students;
``(iii) coordinating with child care
providers and community learning centers to
provide child care and after-school care;
``(iv) providing guidance for carrying out
requirements under the Individuals with
Disabilities Education Act (20 U.S.C. 1401 et
seq.); and
``(v) ensuring other educational services
can continue to be provided consistent with all
Federal, State, and local requirements.
``(I) Purchasing educational technology (including
hardware, software, and connectivity) for students who
are served by the local educational agency that aids in
regular and substantive educational interaction between
students and their classroom instructors, including
low-income students and children with disabilities,
which may include assistive technology or adaptive
equipment.
``(J) Improving academic instruction provided to
students during a qualifying emergency, including--
``(i) providing professional development to
educators, paraprofessionals, principals, other
school leaders, specialized instructional
support personnel, and other staff on--
``(I) effective high-quality and
standards-based instruction through
distance education, including--
``(aa) how to effectively
deliver online and blended
learning as a long-term
instructional strategy and for
supplemental instruction to
address learning loss; and
``(bb) how to ensure
instruction is accessible to
all students, including
children with disabilities and
English learners;
``(ii) managing online tools and platforms;
``(iii) providing students with real-time
instruction, progress monitoring, and feedback;
``(iv) administering diagnostic assessments
and using such data to improve instruction;
``(v) tracking student attendance and
improving student engagement in distance
education; and
``(vi) providing resources and assistance
to parents to support students engagement with
distance education, including in online or
blended learning environments.
``(K) Planning and implementing activities related
to summer learning, supplemental afterschool programs,
and extending the school day or school year, including
providing classroom instruction or distance education
during the summer months and addressing the needs of
low-income students, children with disabilities,
English learners, migrant children, students
experiencing homelessness, children and youth in foster
care, and students involved with the juvenile justice
system.
``(L) Supporting secondary school students in
transitioning from high school to postsecondary
education, including by--
``(i) coordinating with institutions of
higher education;
``(ii) advising such students on dual
enrollment or early college opportunities, and
providing such opportunities to such students;
and
``(iii) advising such students on college
enrollment options and policies, the
availability of need-based financial aid, and
completing the Free Application for Federal
Student Aid.
``(M) Other activities that are necessary to
maintain the operation of and continuity of services in
local educational agencies and continuing to employ
existing staff of the local educational agency.
``(2) Addressing learning loss.--A local educational agency
that receives funds under this section shall use not less than
20 percent of such funds to measure academic progress and
address learning loss among students, including low-income
students, students of color, children with disabilities,
English learners, migrant children, students experiencing
homelessness, children and youth in foster care, and students
involved with the juvenile justice system, of the local
educational agency, including by--
``(A) administering and using high-quality
diagnostic assessments that are valid and reliable, to
accurately assess students' academic progress and
assist educators in meeting students' academic needs,
including through differentiating instruction;
``(B) implementing evidence-based activities to
meet the comprehensive needs of students, which may
include--
``(i) implementing any program or activity
described in section 4108 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
7118);
``(ii) supporting social-emotional
learning;
``(iii) implementing universal screenings
for adverse childhood experiences and trauma
and implementing interventions in response to
such screenings;
``(iv) implementing culturally responsive
practices; and
``(v) extending instructional time, which
may include high-quality distance instruction,
during non-traditional school days and hours
(including during the summer);
``(C) providing professional development to
educators and other staff on how to--
``(i) address students' social, emotional,
and academic needs;
``(ii) modify instruction and scheduling to
accelerate students' academic progress;
``(iii) effectively implement distance
learning, including strategies for address the
learning needs of low-income students, students
of color, children with disabilities, English
learners, migrant children, students
experiencing homelessness, children and youth
in foster care, and students involved in the
juvenile justice system; and
``(iv) use diagnostic assessments to
individualize academic instruction; and
``(D) providing information and assistance to
parents and families on how they can effectively
support students, including in a distance learning
environment.
``(e) State Funding.--A State receiving a grant under this
section--
``(1) shall reserve not less than 5 percent of the grant
for activities related to addressing learning loss, which--
``(A) shall include determining students' academic,
social, and emotional needs, through--
``(i) ensuring local educational agencies
implement high-quality diagnostic assessments
that are valid and reliable;
``(ii) developing and implementing methods
to periodically measure student academic
progress and student engagement and well-being;
and
``(iii) reporting on the academic progress,
engagement, and well-being of students, in
accordance with the requirements under section
444 of the General Education Provisions Act (20
U.S.C. 1232g) (commonly known as the `Family
Educational Rights and Privacy Act of 1974')
and in a way that protects students' personally
identifiable information; and
``(B) may include--
``(i) implementing policies to support
extending instructional time;
``(ii) providing professional development
to educators and other staff on how to--
``(I) address students' social,
emotional, and academic needs;
``(II) modify instruction and
scheduling to accelerate students'
academic progress;
``(III) effectively implement
distance learning, including strategies
to address the learning needs of low-
income students, students of color,
children with disabilities, English
learners, migrant children, students
experiencing homelessness, children and
youth in foster care, and students
involved with the juvenile justice
system; and
``(IV) use diagnostic assessments
to individualize academic instruction;
and
``(iii) implementing activities to improve
the quality of distance learning during a
qualifying emergency; and
``(2) may reserve--
``(A) not more than one-half of 1 percent of the
grant for administrative costs; and
``(B) the remainder for emergency needs as
determined by the State educational agency to address
issues responding to COVID-19, which may be addressed
through the use of grants or contracts.''.
(d) Higher Education Emergency Relief Fund.--
(1) In general.--Section 18004 of division B of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136) is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A)--
(aa) by inserting
``(defined as an institution
described in section 101 or
section 102(c) of the Higher
Education Act of 1965 (20
U.S.C. 1001, 1002(c))'' after
``higher education''; and
(bb) by striking
``coronavirus'' and inserting
``a qualifying emergency''; and
(II) in each of subparagraphs (A)
and (B)--
(aa) by striking ``full-
time equivalent'' and inserting
``the total'';
(bb) by striking ``are''
and inserting ``were''; and
(cc) by striking
``coronavirus'' and inserting
``qualifying'';
(ii) in paragraph (2)--
(I) by striking ``coronavirus'' and
inserting ``the qualifying emergency'';
(II) by inserting ``mandatory
funding and'' after ``the relative
share of''; and
(III) by striking ``(as defined
under'' and all that follows through
``child care''; and
(iii) by striking paragraph (3) and
inserting the following:
``(3) 1 percent, to be distributed among each institution
of higher education, as defined by section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002), that enrolled 100
percent of students of the institution exclusively in distance
education prior to the qualifying emergency, by apportioning
it--
``(A) 75 percent according to the relative share of
the total enrollment of Federal Pell Grant recipients
who were exclusively enrolled in distance education
courses prior to the qualifying emergency; and
``(B) 25 percent according to the relative share of
the total enrollment of students who were not Federal
Pell Grant recipients and who were exclusively enrolled
in distance education courses prior to the qualifying
emergency.
``(4) 1.5 percent to be distributed among each institution
described in section 102(b) of the Higher Education Act of 1965
(20 U.S.C. 1002(b)) to prevent, prepare for, and respond to the
qualifying emergency, by apportioning it--
``(A) 75 percent according to the relative share of
the total enrollment of Federal Pell Grant recipients
who were not exclusively enrolled in distance education
courses prior to the qualifying emergency; and
``(B) 25 percent according to the relative share of
the total enrollment of students who were not Federal
Pell Grant recipients who were not exclusively enrolled
in distance education courses prior to the qualifying
emergency.'';
(B) by striking subsections (b) and (c) and
inserting the following:
``(b) Minority Serving Institutions and Part A of Title III
Institutions.--
``(1) In general.--The funds made available under
subsection (a)(2) for awards under part A (other than sections
316 through 320) of title III, sections 317, 318, 319, and 320,
and parts A and B of title V, of the Higher Education Act of
1965, shall be distributed by the Secretary through an
application process as described in paragraph (4).
``(2) Eligibility requirements.--The institutions that are
eligible to submit an applications for funds made available
under subsection (a)(2) are as follows:
``(A) An eligible institution that received a `5'
or `6' code in the Secretary's fiscal year 2020
Eligibility Matrix.
``(B) An eligible institution that successfully
applied for eligibility under part A (other than
sections 316 through 320) of title III, section 317,
318, 319, or 320, or part A or B of title V, of the
Higher Education Act of 1965, based on an application
submitted--
``(i) not later than January 31, 2020;
``(ii) after the date of enactment of this
Act and before the date of enactment of the
Coronavirus Child Care and Education Relief
Act; or
``(iii) not later than 45 days after the
date of enactment of the Coronavirus Child Care
and Education Relief Act.
``(3) Applications for eligibility.--The Secretary shall--
``(A) make available an application to institutions
to apply for eligibility in accordance with paragraph
(2)(B)(iii); and
``(B) make a determination of eligibility for an
institution that applies under paragraph (2)(B)(iii)
not later than 10 days after the date of receipt of
such application.
``(4) Allotments.--
``(A) In general.--In determining the allotments
for awards under this section for part A (other than
sections 316 through 320) of title III, sections 317,
318, 319, and 320, and parts A and B of title V, of the
Higher Education Act of 1965, the Secretary shall carry
out the following:
``(i) Notwithstanding any application
requirements under section 318(f), 391, or 521
of the Higher Education Act of 1965 (20 U.S.C.
1059e(f), 20 U.S.C. 1068, 20 U.S.C. 1103), the
Secretary shall issue a streamlined common
application for all institutions eligible under
paragraph (1) to use to--
``(I) demonstrate unmet needs as
described in subparagraph (B); and
``(II) the ways that the
institution will use the funds to
ameliorate such needs.
``(ii) In the case of an institution
eligible for an award under section 318 of the
Higher Education Act of 1965 (20 U.S.C. 1059e)
that submits an application under clause (i),
the Secretary shall allot funding according to
the formula under section 318(e) of such Act.
``(iii) The Secretary may allow cumulative
awards to an institution that demonstrates
significant unmet needs and is eligible for an
award under 2 or more of the following:
Sections 317, 318, 319, and 320, and part A and
part B of title V of such Act.
``(iv) In the case of an institution that
is eligible for 1 or more awards under section
317, 318, 319, or 320, or part A or B of title
V, of such Act, and is eligible for an award
under part A (other than sections 316 through
320) of title III of such Act, the Secretary
shall award such institution the greater of--
``(I) the 1 or more awards under
section 317, 318, 319, or 320, or part
A or B of title V, of such Act (in
accordance with clause (iii)); or
``(II) the award under part A
(other than sections 316 through 320)
of title III of such Act.
``(B) Unmet needs.--
``(i) In general.--In demonstrating unmet
needs for purposes of subparagraph (A), an
eligible institution shall describe--
``(I) the decline in revenues at
the institution, on a dollar and
percentage basis;
``(II) any exceptional costs or
challenges implementing distance
education due to a lack of
technological infrastructure, including
due to students who lack access to
adequate technology to move to distance
education; and
``(III) the outstanding need to
provide additional grants for any
component of the student's cost of
attendance.
``(ii) Consideration by secretary.--Except
for institutions eligible for an award under
section 318 of the Higher Education Act of
1965, the Secretary shall make competitive
awards to eligible institutions under this
paragraph based on the criteria described in
clause (i).
``(5) Allotments to eligible institutions under part b of
title iii and subpart 4 of part a of title vii of the higher
education act of 1965.--Notwithstanding the application
requirements under sections 325, 326(d), and 723(c) of the
Higher Education Act of 1965 (20 U.S.C. 1063a, 1063b(d),
1136a(c)), from the funds made available under subsection
(a)(2) for awards under part B of title III and subpart 4 of
part A of title VII of the Higher Education Act of 1965 for a
fiscal year, the Secretary shall allot to each institution
eligible for assistance under any of the programs authorized
under such provisions an amount from the funds using the
following formula:
``(A) 70 percent according to a ratio equivalent to
the number of Federal Pell Grant recipients in
attendance at such institution at the end of the school
year preceding the beginning of that fiscal year and
the total number of Federal Pell Grant recipients at
all such institutions at the end of such school year.
``(B) 20 percent according to a ratio equivalent to
the number of students enrolled at such institution at
the end of the school year preceding the beginning of
that fiscal year and the total number of students
enrolled at all such institutions at the end of such
school year.
``(C) 10 percent, divided proportionately among all
such institutions based on the ratio of the total
endowment size at all such institutions at the end of
the school year preceding the beginning of that fiscal
year and the endowment size at each such institution.
``(6) Allotments for eligible institutions under section
316 of higher education act.--Notwithstanding the application
requirement under section 316(d)(2) of the Higher Education Act
of 1965 (20 U.S.C. 1059c(d)(2)), from the funds made available
under subsection (a)(2) for awards under section 316 of such
Act, the Secretary shall allot funding to eligible institutions
according to the formula in section 316(d)(3)(B) of such Act.
``(7) Briefing.--The Secretary shall brief the authorizing
committees (as defined in section 103 of the Higher Education
Act of 1965 (20 U.S.C. 1003)) and the Committee on
Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives not later than
10 days before the date the applications under paragraphs (3)
and (4) are made available and not later than 10 days before
the date the Secretary announces awards under paragraphs (4),
(5), and (6).
``(c) Uses of Funds.--Except as otherwise specified in subsection
(a):
``(1) An institution of higher education receiving funds
under paragraphs (1) and (2) of subsection (a)--
``(A) may use the funds received to defray expenses
(including lost revenue, reimbursement for expenses
already incurred, technology costs associated with a
transition to distance education, faculty and staff
trainings, and payroll) incurred by institutions of
higher education due to the qualifying emergency; and
``(B) notwithstanding any other provision of law,
shall use not less than 50 percent of such funds to
provide emergency financial aid grants to students--
``(i) for any component of the student's
cost of attendance; and
``(ii) with the institution solely
determining which students receive such grants,
which may include any student enrolled in the
institution (including students exclusively
enrolled in distance education).
``(2) An institution of higher education receiving funds
under subsection (a)(3) shall, notwithstanding any other
provision of law, use all such funds to provide emergency
financial aid grants to students for any component of the
student's cost of attendance, with the institution solely
determining which students receive such grants, which may
include any student enrolled in the institution.
``(3) An institution of higher education receiving funds
under subsection (a)(4) shall, notwithstanding any other
provision of law, use all such funds to provide emergency
financial aid grants to students--
``(A) for any component of the student's cost of
attendance; and
``(B) with the institution solely determining which
students receive such grants, which may include any
student enrolled in the institution (including students
exclusively enrolled in distance education).
``(4) A Historically Black College or University or a
Minority Serving Institution may use prior awards provided
under titles III, V, and VII of the Higher Education Act of
1965 to prevent, prepare for, and respond to the qualifying
emergency.
``(5) An institution of higher education shall not use
funds awarded under this title for--
``(A) payment to contractors for the provision of
pre-enrollment recruitment activities;
``(B) endowments;
``(C) senior administrator or executive salaries,
benefits, bonuses, contracts, incentives, stock
buybacks, shareholder dividends, capital distributions,
stock options; or any other cash or other benefit for a
senior administrator or executive; or
``(D) athletics, sectarian instruction, or
religious worship.'';
(C) by striking subsection (d); and
(D) by inserting after subsection (c) the
following:
``(d) Reallocation.--
``(1) Initial reallocation.--The Secretary shall reallocate
funds remaining under this section within 90 days of making
initial allocations available to institutions and receiving
applications for funds under this section in accordance with
the formula specified in subsection (a)(1).
``(2) Return and reallocation.--An institution shall return
to the Secretary any funds received under this section that the
institution does not award within 1 year of receiving such
funds and the Secretary shall reallocate such funds to the
remaining institutions in accordance with subsection (a)(1).''.
(2) Inclusion of cares act funds in 90/10 calculation.--For
purposes of subsections (a)(24) and (d) of section 487 of the
Higher Education Act of 1965 (20 U.S.C. 1094), amounts provided
to an institution of higher education under title XVIII of
division B of the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136) shall be deemed to be amounts
provided under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.).
(e) Equitable Services.--Section 18005 of division B of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136)
is amended--
(1) by striking the section heading and inserting
``equitable services for students in non-public schools''; and
(2) in subsection (a)--
(A) by inserting ``(1)'' after ``In General.--'';
(B) by inserting ``(including the specific
requirements of subsections (a)(4)(A)(i) and (c) of
such section and subject to paragraph (2))'' after ``in
non-public schools''; and
(C) by adding at the end the following:
``(2) In determining the proportional share of expenditures for the
equitable services described in paragraph (1), a local educational
agency shall use the proportion determined under section
1117(a)(4)(A)(i) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6317(a)(4)(A)(i)) for the purposes of part A of title I of
such Act for fiscal year 2019.
``(3) A local educational agency required to provide equitable
services under paragraph (1) shall provide such services to students
and teachers at non-public schools who were eligible to receive
equitable services from such local educational agency during fiscal
year 2019 under section 1117 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6317).''.
(f) Definitions.--Section 18007 of division B of the Coronavirus
Aid, Relief, and Economic Security Act (Public Law 116-136) is amended
to read as follows:
``definitions
``Sec. 18007. Except as otherwise provided in sections 18001-18006
of this title, as used in such sections--
``(1) the term `cost of attendance' has the meaning given
such term in section 472 of the Higher Education Act of 1965;
``(2) the term `community learning center' has the meaning
given the term in section 4201(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.7171(b));
``(3) the terms `elementary education' and `secondary
education' have the meanings given such terms under State law;
``(4) the term `institution of higher education' means an
institution defined under title I of the Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.);
``(5) the term `non-public school' means a non-public
elementary and secondary school that (A) is accredited,
licensed, or otherwise operates in accordance with State law;
and (B) was in existence prior to the date of the qualifying
emergency for which grants are awarded under this section;
``(6) the term `outlying areas' includes the Federated
States of Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau and notwithstanding section
105(f)(1)(B)(v) of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(v)) or any other law;
``(7) the term `public school' means a public elementary
school or secondary school;
``(8) the term `qualifying emergency' has the meaning given
the term in section 3502(a)(4) of division A of this Act;
``(9) the term `Secretary' means the Secretary of
Education;
``(10) the term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico;
``(11) the term `Tribal College or University' has the
meaning given such term in section 316(b)(3) of the Higher
Education Act of 1965 (20 U.S.C. 1059c(b)(3)); and
``(12) any other term used that is defined in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801) shall have the meaning given the term in such
section.''.
(g) Conforming Amendment.--Section 18006 of division B of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136)
is amended by striking ``coronavirus'' and inserting ``a qualifying
emergency''.
(h) Maintenance of Effort; Supplement Not Supplant.--Section 18008
of the Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136) is amended to read as follows:
``maintenance of effort; supplement not supplant
``Sec. 18008. (a) Maintenance of Effort.--A State's application for
funds under 18002 or 18003 of this title shall include assurances that
the State will--
``(1) maintain support for elementary and secondary
education in fiscal years 2020, 2021, and 2022, at least at the
levels of such State's support for elementary and secondary
education provided in the State's fiscal year 2019 or fiscal
year 2020, whichever is greater; and
``(2) maintain support for higher education (which shall
include State funding to institutions of higher education and
State financial aid, and shall not include support for capital
projects, research and development, or tuition and fees paid by
students) in fiscal years 2020, 2021, and 2022, at least at the
levels of such State's support for higher education provided in
the State's fiscal year 2019 or fiscal year 2020, whichever is
greater.
``(b) Supplement, Not Supplant.--Funds made available to States
under this title shall be used to supplement, and not supplant, non-
Federal funds that would otherwise be used for activities authorized
under this title.''.
(i) Reporting and Disclosure Requirements.--Title XVIII of division
B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136) is amended by inserting after section 18008 the following:
``reporting and disclosure requirements
``Sec. 18009. (a) In General.--
``(1) Allocations.--Not later than 30 days after the date
of enactment of the Coronavirus Child Care and Education Relief
Act, the Secretary shall announce allocations to entities under
sections 18001 through 18006 on a publicly accessible website,
including allocations made before such date of enactment.
``(2) Report from secretary.--The Secretary shall submit a
report to the Committee on Health, Education, Labor, and
Pensions of the Senate, the Committee on Appropriations of the
Senate, the Committee on Education and Labor of the House of
Representatives, and the Committee on Appropriations of the
House of Representatives--
``(A) not later than 180 days after the date of
enactment of the Coronavirus Child Care and Education
Relief Act and quarterly thereafter until all funds
allocated under section 18001(a) are expended, which
shall include for all allocations under section
18001(a)(1)--
``(i) the outlying areas to which the
Secretary allocated funds;
``(ii) the outlying areas to which the
Department did not allocate funds;
``(iii) the allocation amounts, by each
outlying area; and
``(iv) the Secretary's rationale for
determining the allocation amount;
``(B) not later than 10 days after the date of
enactment of the Coronavirus Child Care and Education
Relief Act and quarterly thereafter until all funds
allocated under section 18001(a) are expended, which
shall include for all allocations under section
18001(a)(2)--
``(i) the programs operated or funded by
the Bureau of Indian Education and Tribal
Colleges or Universities to which the Secretary
of the Interior, in consultation with the
Secretary of Education, allocated funds;
``(ii) the programs operated or funded by
the Bureau of Indian Education and Tribal
Colleges or Universities to which the Secretary
of the Interior, in consultation with the
Secretary of Education, did not allocate funds;
``(iii) the allocation amounts by each
program; and
``(iv) the methodology and rationale for
determining the allocation amounts; and
``(C) not later than 180 days after the date of
enactment of the Coronavirus Child Care and Education
Relief Act and quarterly thereafter until all funds
allocated under section 18001(a) are expended, which
shall include for all grants under section
18001(a)(3)--
``(i) the Secretary's methodology and
rationale for distributing such grants,
including how the Secretary determined which
States have the highest COVID-19 burden;
``(ii) the name of any grantee;
``(iii) a summary of the grantee's
application;
``(iv) the award amount per grantee, the
allowable uses of funds, and any limitations on
such uses of funds; and
``(v) for all for all service providers and
subgrantees selected by the grantee under
section 18001(a)(3), the following information,
which shall be collected by the grantee and
made publicly available on the grantee's
website and reported to the Secretary for
inclusion in the Secretary's report:
``(I) The name of any service
providers or subgrantees.
``(II) A summary of the service
provider or subgrantee's application.
``(III) How much funding was
distributed to public and non-public
entities, further disaggregated by
funding to private nonprofit and
private for-profit entities.
``(IV) How much funding was
reserved for State-level activities.
``(V) A summary of the use of funds
provided to service providers or
subgrantees.
``(VI) The methodology adopted by
grantees in selecting and reviewing
service providers and course offerings
and ensuring funded activities are
high-quality.
``(VII) the percentage of funds
spent serving low-income students by
each service provider or subgrantee.
``(3) Grantee reporting.--Not later than 120 days after
receiving a grant under section 18001(a)(3), each grantee shall
submit a report to the Secretary containing the information
described in paragraph (2)(C)(v) and make such information
publicly available on the grantee's website.
``(4) Bureau of indian education.--Not later than 120 days
after receiving an allocation under section 18001(a)(2), the
Director of the Bureau of Indian Education shall--
``(A) submit a report to the Secretary containing
information about which programs were funded with such
allocation and a summary of the uses of funds by such
programs; and
``(B) make such report publicly available on the
website of the Bureau of Indian Education.
``(b) Governor's Emergency Relief Fund Reports.--
``(1) Initial report.--Each Governor that receives a grant
under section 18002(a) shall, not later than 90 days after the
date of the disbursal of the Governor's first grant under
section 18002(c) if such first grant is made after the date of
enactment of the Coronavirus Child Care and Education Relief
Act or not later than 90 days after such date of enactment if
such first grant was made before such date of enactment, submit
a report to the Secretary that includes the methodology the
State used to distribute grants under paragraphs (1) through
(3) of section 18002(c), and--
``(A) for each such grant made by Governor--
``(i) a summary of the grant application
and whether the Governor provided the grant
under paragraph (1), (2), or (3) of section
18002(c);
``(ii) the name of the grantee, the amount
of the grant, the allowable uses of grant
funds, and any limitations to such uses of
funds;
``(iii) whether the grantee is a public or
non-public entity, further disaggregated by
private nonprofit and private for-profit
entities; and
``(iv) what percentage of grant funds were
spent serving low-income students;
``(B) a summary of how the State grant funds were
distributed within the State to entities serving high-
poverty areas; and
``(C) a summary of how the Governor used funds to
meet the academic and social and emotional needs of
low-income students, first-generation college students,
children and students with disabilities, English
learners, students of color, students experiencing
homelessness, children or youth in foster care, migrant
children, and students involved with the juvenile
justice system.
``(2) Quarterly governor's emergency relief funds report.--
Each Governor that receives a grant under section 18002(a)
shall, following the submission of the report described in
paragraph (1), submit to the Secretary a report that contains
the information described in paragraph (1), once a quarter
until all funds allocated under section 18002 are expended.
``(3) Grantee reporting.--Each grantee that receives a
grant from a Governor under section 18002(c) shall submit a
report to the Governor, not later than 30 days after receiving
the grant, containing the information described in paragraph
(1)(A).
``(4) Publication of reports.--The Secretary shall publish
each report under paragraphs (1) and (2) on a publicly
accessible website not later than 30 days after the date of
receipt of the report.
``(5) Findings from governor's emergency relief funds
reporting.--Not later than 12 months after the date of
enactment of the Coronavirus Child Care and Education Relief
Act, the Secretary shall provide a report to the Committee on
Health, Education, Labor, and Pensions of the Senate, the
Committee on Appropriations of the Senate, the Committee on
Education and Labor of the House of Representatives, and the
Committee on Appropriations of the House of Representatives
summarizing the findings from the reports received under this
subsection.
``(c) Elementary and Secondary School Emergency Relief Fund
Reports.--
``(1) Initial state reporting.--Each State educational
agency that receives a grant under section 18003 shall, not
later than 180 days after the making the State educational
agency's first subgrant under section 18003(c) if such first
subgrant is made after the date of enactment of the Coronavirus
Child Care and Education Relief Act or not later than 90 days
after such date of enactment if such first subgrant was made
before such date of enactment, submit a report to the Secretary
that includes--
``(A) the number of subgrants awarded and the
amount of funding awarded to each subgrantee;
``(B) a summary of the activities that subgrantees
will carry out using subgrant funds, including for any
focus areas identified by the State educational agency;
``(C) the percentage of funds the State educational
agency is retaining at the State-level and what the
State educational agency intends to spend such
reservation on;
``(D) a summary of how the State educational agency
intends to ensure that local educational agencies that
received funds ensured higher-poverty schools served by
the local educational agency received access to the
funds and how the local educational agency is meeting
the educational needs of low-income students, children
with disabilities, English learners, students of color,
students experiencing homeless, children and youth in
foster care, migrant children, and students involved
with the juvenile justice system;
``(E) what percentage allocation of the State-set-
aside the State is using to address learning loss as
required under section 18003(e) and a summary of what
the funds were spent on;
``(F) how the State is prioritizing serving high
concentrations of students from families with low-
incomes and students who have been disproportionately
affected by COVID-19 and school closures, including
students of color, children with disabilities, English
learners, migrant children, students experiencing
homelessness, children and youth in foster care, and
students involved with the juvenile justice system in
the funds set aside under section 18003(e); and
``(G) a summary of reports submitted by subgrantees
in accordance with paragraph (2).
``(2) Local educational agency reporting.--Each local
educational agency receiving a subgrant under section 18003
shall submit a report to its State educational agency, not
later than 90 days after receiving such subgrant, that
includes--
``(A) a summary of the activities or services that
the local educational agency carried out using subgrant
funds, including for any focus areas identified by the
State educational agency;
``(B) the percentage of funds being spent on each
activity described in section 18003(d), including the
percentage of funds spent on maintaining current
staffing levels as provided under section
18003(d)(1)(M);
``(C) a description of how the local educational
agency distributed funds, including any formula or
methodology that was used, to schools within their
boundaries to meet the academic and social and
emotional needs of low-income students, children with
disabilities, English learners, students of color,
students experiencing homelessness, children and youth
in foster care, migrant children, and students involved
with the juvenile justice system;
``(D) a summary of how the local educational agency
used funds to ensure all students, including low-income
students, children with disabilities, English learners,
students of color, students experiencing homelessness,
children and youth in foster care, migrant children,
and students involved with the juvenile justice system,
have access to learning opportunities during in-person,
distance, and hybrid learning options, including access
to technology, high-quality instructional materials,
and high-quality instruction;
``(E) the per-pupil expenditure data for each
school served by the local educational agency for the
2020-2021 school year, disaggregated by Federal, State,
and local expenditures, with funds provided under
sections 18002 and 18003 included under Federal
expenditures;
``(F) the dollar amount and percentage of subgrant
funds that were spent on equitable services from funds
available under sections 18002 and 18003;
``(G) the percentage of funds used to address
learning loss;
``(H) how the local educational agency implemented
the requirement described under section 18003(d)(2),
including serving low-income students, students of
color, children with disabilities, English learners,
migrant children, students experiencing homelessness,
children and youth in foster care, and students
involved in the juvenile justice system; and
``(I) how much instructional time was increased as
a result of activities implemented under the subgrant.
``(3) Quarterly elementary and secondary school emergency
relief fund reports.--
``(A) State report.--Each State educational agency
that receives a grant under section 18003 shall,
following the submission of the initial report
described in paragraph (1), submit to the Secretary a
report that contains the information described in
paragraph (1) once a quarter until all funds allocated
to the State under section 18003 are expended.
``(B) Local educational agency report.--Each local
educational agency receiving a subgrant under section
18003 shall, following the submission of the initial
report described in paragraph (2), submit to the
Secretary a report that contains the information
described in paragraph (2) once a quarter until all
subgrant funds are expended.
``(4) Publication of reports.--The Secretary shall publish
each report under paragraphs (1) and (2) on a publicly
accessible website not later than 30 days after the date of
receipt of the report.
``(5) Findings from elementary and secondary school
emergency relief fund.--Not later than 12 months after the date
of enactment of the Coronavirus Child Care and Education Relief
Act, the Secretary shall provide a report to the Committee on
Health, Education, Labor, and Pensions of the Senate, the
Committee on Appropriations of the Senate, the Committee on
Education and Labor of the House of Representatives, and the
Committee on Appropriations of the House of Representatives
summarizing the findings from the reports received under this
subsection.
``(d) Higher Education Emergency Relief Fund Reports.--
``(1) Initial secretary report.--Not later than 120 days
after the Secretary announces allocations under section 18004,
the Secretary shall submit to the authorizing committees (as
defined in section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003)) a summary of applications from, and disbursements
made to, institutions of higher education, which shall
include--
``(A) for emergency financial aid grant funding
provided in accordance with section 18004(c)--
``(i) the institutions that applied for
such funds;
``(ii) the institutions that received such
funds;
``(iii) the institutions that did not apply
for such funds;
``(iv) the institutions that applied for,
but did not receive, such funds;
``(v) the institutions that returned such
funds to the Department, including the amount
returned;
``(vi) the actual or projected number of
students the Department estimates received
emergency financial aid grants in accordance
with such section;
``(vii) the actual or projected number of
students the Department estimates did not
receive emergency financial aid grants in
accordance with such section; and
``(viii) the actual or projected number of
students that received emergency financial aid
grants in accordance with such section; and
``(B) for institutional funds (not including
emergency financial aid) provided in accordance with
section 18004(c)--
``(i) the institutions that applied for
such funds;
``(ii) the institutions that received such
funds;
``(iii) the institutions that did not apply
for such funds;
``(iv) the institutions that applied for,
but did not receive, such funds; and
``(v) the institutions that returned such
funds to the Department, including the amount
returned.
``(2) Institutional reports.--Each institution of higher
education receiving a grant under section 18004 shall submit a
report to the Secretary, not later than 90 days after receiving
the grant, that includes, in addition to the requirements of
the Secretary under section 18004(e)--
``(A) a summary of how the institution of higher
education allocated emergency financial aid grants to
students in accordance with section 18004(c) for any
component of a student's cost of attendance,
including--
``(i) whether the institution required an
application for emergency financial aid grants
and, if the institution required an application
for emergency financial aid grants, how many
students applied, how many students had
applications that were approved, and how many
students had applications that were denied;
``(ii) the minimum and maximum amount of
grants made available to students, including
any minimum or maximum grant levels made to any
specific subgroups of students, including the
subgroups listed in clause (iii);
``(iii) a description of any specific
subgroups of students that were prioritized for
the emergency financial aid grants, including
students of color, low-income students, first-
generation college students, students with
disabilities, English learners, students
experiencing homelessness, former foster youth,
or student parents;
``(iv) the total number of enrolled
students that received emergency financial aid
grants;
``(v) the total number of enrolled students
that did not receive emergency financial aid
grants;
``(vi) the average amount of the emergency
financial aid grants provided to students;
``(vii) a description of how the
institution of higher education will ensure
that funds received under such section reduce
unmet need for students; and
``(viii) a description and amount of any
institutional funds used to supplement
emergency financial aid grants provided in
accordance with section 18004(c);
``(B) a summary of how the institution of higher
education spent the institutional share of funds to
cover any costs or lost revenue incurred by the
institution due to the qualifying emergency, including
how such spending prevented or minimized any increase
in the cost of attendance for students;
``(C) a description of tuition and fees charged to
students enrolled at the institution, including--
``(i) such tuition and fees for the 2019-
2020 school year;
``(ii) such tuition and fees planned or
enacted for the 2020-2021 school year;
``(iii) such tuition and fees planned or
enacted for the 2021-2022 school year; and
``(iv) such tuition and fees planned or
enacted for the 2022-2023 school year; and
``(D) a summary of how the institution ensured
funds received under section 18004 did not go to
prohibited uses of funds specified in section
18004(c)(5).
``(3) Publication of reports.--The Secretary shall publish
each report under paragraphs (1) and (2) on a publicly
accessible website not later than 30 days after the date of
receipt of the report.
``(e) Maintenance of Effort.--Not later than 120 days after the
date of the award of a grant to a State under section 18002 or 18003,
the Secretary shall publish a report for the State describing how the
State has complied with the maintenance of effort requirement under
section 18008, including--
``(1) the amount of support for higher education provided
by such State for fiscal years 2017, 2018, 2019, and 2020,
respectively;
``(2) the amount of support for elementary and secondary
education provided by such State for fiscal years 2017, 2018,
2019, and 2020, respectively; and
``(3) enforcement actions taken by the Secretary for any
violation of section 18008.''.
(j) Effective Dates.--
(1) In general.--Except as otherwise provided, the
amendments made by this section shall take effect with respect
to amounts made available for title XVIII of division B of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136) on or after the date of enactment of this Act.
(2) Equitable services.--The amendment made by subsection
(e) shall take effect on the date of enactment of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136) as if such amendment was incorporated in section
18005(a) of division B of such Act.
(3) Reporting and disclosure requirements.--The amendment
made by subsection (i) shall take effect on the date of
enactment of the Coronavirus Aid, Relief, and Economic Security
Act (Public Law 116-136) as if such amendment was incorporated
in title XVIII of division B of such Act, except that any
report due before the date of enactment of this Act or the 90-
day period following the date of enactment shall instead be due
on the last day of such 90-day period.
(4) FIPSE and special provisions.--Notwithstanding
paragraph (1) or any other provision of law, if any amounts are
available and not obligated under section 18004(a)(3) of
division B of the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136) as of the day before the date
of enactment of this Act--
(A) such amounts shall be deemed to be amounts made
available under section 18004(a)(2) of division B of
the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136) after the date of enactment of
this Act; and
(B) the Secretary shall use all such amounts for
grants in accordance with section 18004(b) of division
B of the Coronavirus Aid, Relief, and Economic Security
Act (Public Law 116-136), as amended by this Act.
(5) Uses of funds.--The authority and requirements of
paragraphs (1) and (5) of section 18004(c) of division B of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136), as amended by this Act, shall apply to funds made
available to institutions under such section 18004 on and after
the date of enactment of the Coronavirus Aid, Relief, and
Economic Security Act.
Subtitle B--Additional Appropriations for Elementary Education,
Secondary Education, and Special Education
SEC. 221. ELEMENTARY AND SECONDARY EDUCATION APPROPRIATIONS.
(a) Title I-A.--There are appropriated to the Secretary of
Education, out of amounts in the Treasury not otherwise appropriated,
for fiscal year 2020, $11,000,000,000 for grants to local educational
agencies under part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.). All terms and
conditions that apply to grants under part A of such title shall apply
to grants made with funds made available under this subsection.
(b) Migrant Education.--There are appropriated to the Secretary of
Education, out of amounts in the Treasury not otherwise appropriated,
for fiscal year 2020, $300,000,000 for the program under part C of
title I of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6391 et seq.). All terms and conditions that apply to the
program under part C of such title shall apply with respect to support
provided through funds made available under this subsection.
(c) Title I-D.--There are appropriated to the Secretary of
Education, out of amounts in the Treasury not otherwise appropriated,
for fiscal year 2020, $100,000,000 for programs under part D of title I
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6421
et seq.). All terms and conditions that apply to programs under part D
of such title shall apply with respect to support provided through
funds made available under this subsection.
(d) English Language Acquisition.--There are appropriated to the
Secretary of Education, out of amounts in the Treasury not otherwise
appropriated, for fiscal year 2020, $1,000,000,000 for programs under
part A of title III of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6811 et seq.). All terms and conditions that apply to
programs under part A of such title shall apply with respect to support
provided through funds made available under this subsection.
(e) Supports for Students Experiencing Homelessness.--There are
appropriated to the Secretary of Education, out of amounts in the
Treasury not otherwise appropriated, for fiscal year 2020, $500,000,000
for the program under subtitle B of title VII of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11431 et seq.). All terms and
conditions that apply to the program under subtitle B of such title
shall apply with respect to support provided through funds made
available under this subsection.
(f) General Provisions.--Any amount appropriated under this section
is in addition to other amounts appropriated or made available for the
applicable purpose.
SEC. 222. INDIVIDUALS WITH DISABILITIES EDUCATION ACT APPROPRIATIONS.
(a) In General.--There are appropriated to the Secretary of
Education, out of any amount in the Treasury not otherwise
appropriated, for fiscal year 2020--
(1) $11,000,000,000 for grants to States under part B of
the Individuals with Disabilities Education Act (20 U.S.C. 1411
et seq.); and
(2) for early childhood education programs--
(A) $500,000,000 for programs for infants and
toddlers under part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1431 et seq.);
and
(B) $400,000,000 for preschool grants under section
619 of the Individuals with Disabilities Education Act
(20 U.S.C. 1419).
(b) Applicability of All Terms and Conditions.--All terms and
conditions that apply to a program under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) shall apply with
respect to support provided for the program through funds made
available under subsection (a).
(c) General Provisions.--Any amount appropriated under this section
is in addition to other amounts appropriated or made available for the
applicable purpose.
Subtitle C--Higher Education
CHAPTER 1--HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
SEC. 231. HBCU ENDOWMENT CHALLENGE GRANTS.
Notwithstanding any restrictions and repayment provisions placed on
an institution that is still in its grant period in accordance with
subsection (b)(3), (c)(3)(B), and (d) of section 331 of the Higher
Education Act of 1965 (20 U.S.C. 1065), the institution may use the
endowment fund corpus plus any endowment fund income for any
educational purpose or to defray any expenses necessary to the
operation of the institution, including expenses of operations and
maintenance, administration, academic and support personnel,
construction and renovation, community and student services programs,
and technical assistance.
SEC. 232. FUNDING FOR HBCU CAPITAL FINANCING.
(a) In General.--Section 3512 of division A of the Coronavirus Aid,
Relief, and Economic Security Act (Public Law 116-136) is amended--
(1) in subsection (a)(1), by striking ``may'' and inserting
``shall''; and
(2) in subsection (d), by striking ``$62,000,000'' and
inserting ``such sums as may be necessary''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the Coronavirus Aid,
Relief, and Economic Security Act (Public Law 116-136).
CHAPTER 2--ADDITIONAL APPROPRIATIONS FOR TRIO PROGRAMS
SEC. 235. ADDITIONAL TRIO APPROPRIATIONS.
(a) In General.--
(1) Amounts appropriated.--There is appropriated to the
Secretary of Education, out of amounts in the Treasury not
otherwise appropriated, $450,000,000 for fiscal year 2020, for
grants and contracts under chapter 1 of subpart 2 of part A of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a-
11 et seq.), for the purpose of expanding program capacity to
serve more low-income, first-generation students, students with
disabilities, veterans, unemployed adults, and other qualified
individuals, and to provide such students technology support.
(2) Allocation of funds.--From the amounts appropriated
under paragraph (1), the Secretary shall allot--
(A) $250,000,000 for grants to each recipient
receiving funding under such chapter for fiscal year
2020 to expand program capacity to serve more qualified
individuals, of which--
(i) $32,000,000 shall be for Educational
Opportunity Centers programs under section 402F
of the Higher Education Act of 1965 (20 U.S.C.
1070a-16);
(ii) $54,000,000 shall be for Talent Search
programs under section 402B of the Higher
Education Act of 1965 (20 U.S.C. 1070a-12); and
(iii) the remainder of such funds shall be
for all programs under chapter 1 of subpart 2
of part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070a-11 et seq.); and
(B) notwithstanding any other provision of law,
$200,000,000 for grants to each recipient receiving
funding under such chapter for fiscal year 2020 to
allow those recipients to provide technology support to
students, which may include support for broadband
access and computer hardware and software.
(b) Applicability of Terms and Conditions.--Except as specified in
subsection (a)(2)(B), the terms and conditions that apply to grants
under chapter 1 of subpart 2 of part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070a-11 et seq.) shall apply to
grants made with funds made available under subsection (a).
(c) General Provisions.--Any amount appropriated under this section
is in addition to other amounts appropriated or made available for the
applicable purpose.
Subtitle D--Increased Funding for Adult Education and Career and
Technical Education
CHAPTER 1--ADULT EDUCATION AND LITERACY QUALIFYING EMERGENCY RESPONSE
SEC. 241. DEFINITIONS.
In this chapter, the terms ``adult education'', ``adult education
and literacy activities'', ``eligible agency'', ``eligible provider'',
and ``integrated education and training'' have the meanings given the
terms in section 203 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3272).
SEC. 242. ADULT EDUCATION AND LITERACY RESPONSE ACTIVITIES.
(a) Online Service Delivery of Adult Education and Literacy
Activities.--During the qualifying emergency, an eligible agency may
use funds available to such agency under paragraphs (2) and (3) of
section 222(a) of the Workforce Innovation and Opportunity Act (20
U.S.C. 3302(a)), for the administrative expenses of the eligible agency
related to transitions to online service delivery of adult education
and literacy activities.
(b) Secretarial Responsibilities.--Not later than 30 days after the
date of enactment of this Act, the Secretary of Labor shall, in
carrying out section 242(c)(2)(G) of the Workforce Innovation
Opportunity Act (29 U.S.C. 3332(c)(2)(G)), identify and disseminate to
States strategies and virtual proctoring tools to--
(1) assess the progress of learners in programs of adult
education and literacy activities, on the basis of valid
research, as appropriate; and
(2) measure the performance of such programs in a manner
consistent with section 243(d).
SEC. 243. DISTRIBUTION OF FUNDS.
(a) Reservation of Funds; Grants to Eligible Agencies.--From the
amounts appropriated under subsection (e), the Secretary of Labor
shall--
(1) reserve and use funds in accordance with section 211(a)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3291); and
(2) award grants to eligible agencies in accordance with
section 211(b) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3291), ensuring that not less than 10 percent of the
total funds awarded through those grants shall be used to
provide adult education and literacy activities in correctional
facilities.
(b) Uses of Funds.--Each eligible agency or eligible provider shall
use the funds received through subsection (a)(2) to expand the capacity
of adult education providers to prioritize serving adults with low
literacy or numeracy levels negatively impacted by the economic
consequences of the qualifying emergency, which may include--
(1) expanding the infrastructure needed for the provision
of services and educational resources online or through digital
means, including the provision of technology or internet access
to students and instructional staff to enable virtual or
distance learning;
(2) creating or expanding digital literacy curricula and
resources, including professional development activities to aid
instructional and program staff in providing online or digital
training to students; and
(3) equipping adult education providers to partner more
closely with partners in workforce development systems on
implementation strategies such as provision of integrated
education and training to prepare adult learners on an
accelerated timeline for high-skill, high-wage, or in-demand
industry sectors and occupations.
(c) Supplement, Not Supplant.--Any Federal funds made available
under this chapter shall be used only to supplement and not supplant
the funds that would, in the absence of such Federal funds, be made
available from State or local public funds for adult education and
literacy activities.
(d) Evaluations.--The Secretary of Labor shall measure the
performance of any activity or program carried out with funds made
available under this chapter using indicators of performance applicable
to adult education and literacy activities in accordance with section
116(b)(2) of the Workforce Innovation and Opportunity Act (29 U.S.C.
3141(b)(2)).
(e) Authorization of Appropriations.--There is authorized to be
appropriated, and there is appropriated, out of any money in the
Treasury not otherwise appropriated, to carry out this section
$1,000,000,000 for fiscal year 2020, to remain available until
expended.
CHAPTER 2--CAREER AND TECHNICAL EDUCATION
SEC. 245. DEFINITIONS AND PERKINS CTE REQUIREMENTS.
Except as otherwise provided, in this subtitle--
(1) the terms have the meanings given the terms in section
3 of the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2302); and
(2) an allotment, allocation, or other provision of funds
made under this subtitle in accordance with a provision of the
Carl D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2301 et seq.) shall be made in compliance with the
applicable requirements of such Act (20 U.S.C. 2301 et seq.).
SEC. 246. COVID-19 CAREER AND TECHNICAL EDUCATION RESPONSE FLEXIBILITY.
(a) Retention of Funds.--Notwithstanding section 133(b)(1) of the
Carl D. Perkins Career and Technical Education Act of 2006 (29 U.S.C.
2353(b)(1)), with respect to an eligible recipient that, due to a
qualifying emergency, does not expend all of the amounts that the
eligible recipient is allocated for academic year 2019-2020 under
section 131 or 132 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2351; 2352), the eligible agency that
allocated such funds to the eligible recipient may authorize the
eligible recipient to retain such amounts to carry out, during academic
year 2020-2021, any activities described in the application of the
eligible recipient submitted under 134(b) of such Act (29 U.S.C.
2354(b)) that such eligible recipient had intended to carry out during
academic year 2019-2020.
(b) Pooling of Funds.--An eligible recipient may, in accordance
with section 135(c) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2355(c)), pool a portion of funds
received under such Act with a portion of funds received under such Act
available to one or more eligible recipients to support the transition
from secondary education to postsecondary education or employment for
CTE participants whose academic year was interrupted by a qualifying
emergency.
(c) Professional Development.--During a qualifying emergency,
section 3(40)(B) of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2302(40)(B)) shall apply as if ``sustained (not
stand-alone, 1-day, or short-term workshops), intensive, collaborative,
job-embedded, data-driven, and classroom-focused,'' were struck.
SEC. 247. PERKINS CAREER AND TECHNICAL EDUCATION.
(a) Distribution of Funds.--
(1) States.--From the amounts appropriated under subsection
(d), the Secretary shall make allotments to eligible agencies
in accordance with section 111(a)(3) of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C.
2321(a)(3)).
(2) Local areas.--
(A) In general.--Not later than 30 days after an
eligible agency receives an allotment under paragraph
(1), the eligible agency shall make available such
funds in accordance with section 112(a) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2322(a)), including making such funds available
for distribution to eligible recipients in accordance
with sections 131 and 132 of such Act.
(B) Reserved funds.--An eligible agency that
reserves funds in accordance with section 112(a)(1) of
the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2322(a)) to be used in accordance
with section 112(c) of such Act, may also use such
reserved funds for digital, physical, or technology
infrastructure related projects to improve career and
technical education offerings within the State.
(b) Uses of Funds.--Each eligible agency and eligible recipient
shall use the funds received under this section to carry out activities
improving or expanding career and technical education programs and
programs of study to adequately respond to State and local needs as a
result of a qualifying emergency, including--
(1) expanding and modernizing digital, physical, or
technology infrastructure to deliver in-person, online,
virtual, and simulated educational and work-based learning
experiences;
(2) acquiring appropriate equipment, technology, supplies,
and instructional materials aligned with business and industry
needs, including machinery, testing equipment, tools, hardware,
software, and other new and emerging instructional materials;
(3) providing incentives to employers and CTE participants
facing economic hardships due to a qualifying emergency to
participate in work-based learning programs;
(4) expanding or adapting program offerings or supports
based on an updated comprehensive needs assessment to
systemically respond to employers' and CTE participants'
changing needs as a result of a qualifying emergency; or
(5) providing for professional development and training
activities for career and technical education teachers,
faculty, school leaders, administrators, specialized
instructional support personnel, career guidance and academic
counselors, and paraprofessionals to support activities carried
out under this section.
(c) Supplement, Not Supplant.--Any Federal funds provided under
this subtitle shall be used only to supplement the funds that would, in
the absence of such Federal funds, be made available from non-Federal
sources for career and technical education programs or other activities
carried out under the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2301 et seq.), and not to supplant such funds.
(d) Authorization of Appropriations.--There is authorized to be
appropriated, and there is appropriated, out of any money in the
Treasury not otherwise appropriated, to carry out this section
$1,000,000,000 for fiscal year 2020, to remain available until
expended.
Subtitle E--Community College and Industry Partnership Grants
SEC. 251. COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIP GRANTS.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
eligible institution or a consortium of such eligible
institutions, which may include a multistate consortium of such
eligible institutions.
(2) Eligible institution.--The term ``eligible
institution'' means a public institution of higher education
(as defined in section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)) at which the highest degree that is
predominantly awarded to students is an associate degree,
including a 2-year Tribal College or University (as defined in
section 316 of such Act (20 U.S.C. 1059c)).
(3) Perkins cte definitions.--The terms ``career and
technical education'', ``dual or concurrent enrollment
program'', and ``work-based learning'' have the meanings given
the in terms in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(b) Grant Authority.--
(1) In general.--From the funds appropriated under
subsection (h) and not reserved under subsection (f), the
Secretary, in collaboration with the Secretary of Education
(acting through the Office of Career, Technical, and Adult
Education) shall award, on a competitive basis, grants,
contracts, or cooperative agreements, in accordance with
section 169(b)(5) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3224(b)(5)), to eligible entities to assist such
eligible entities in--
(A) establishing and scaling career training
programs, including career and technical education
programs, and industry and sector partnerships to
inform such programs; and
(B) providing necessary student supports.
(2) Award amounts.--The total amount of funds awarded under
this section to an eligible entity shall not exceed--
(A) in the case of an eligible entity that is
eligible institution, $2,500,000; and
(B) in the case of an eligible entity that is a
consortium, $15,000,000.
(3) Award period.--A grant, contract, or cooperative
agreement awarded under this section shall be for a period of
not more than 4 years, except that the Secretary may extend
such a grant, contract, or agreement for an additional 2-year
period.
(4) Equitable distribution.--In awarding grants under this
section, the Secretary shall ensure, to the extent practicable,
the equitable distribution of grants, based on--
(A) geography (such as urban and rural
distribution); and
(B) States and local areas significantly impacted
by a qualifying emergency.
(c) Priority.--In awarding funds under this section, the Secretary
shall give priority to eligible entities that will use such funds to
serve individuals impacted by a qualifying emergency, as demonstrated
by providing an assurance in the application submitted under subsection
(d) that the eligible entity will use such funds to--
(1) serve such individuals with barriers to employment,
veterans, spouses of members of the Armed Forces, Native
Americans, Alaska Natives, Native Hawaiians, or incumbent
workers who are low-skilled and who need to increase their
employability skills;
(2) serve such individuals from each major racial and
ethnic group or gender with lower than average educational
attainment in the State or employment in the in-demand industry
sector or occupation that such award will support; or
(3) serve areas with high unemployment rates or high levels
of poverty, including rural areas.
(d) Application.--An eligible entity seeking an award of funds
under this section shall submit to the Secretary an application
containing a grant proposal at such time and in such manner, and
containing such information, as required by the Secretary, including a
detailed description of the following:
(1) Each entity (and the roles and responsibilities of each
entity) with which the eligible entity will partner to carry
out activities under this section, including each of the
following:
(A) An industry or sector partnership representing
a high-skill, high-wage, or in-demand industry sector
or occupation.
(B) A State higher education agency or a State
workforce agency.
(C) To the extent practicable--
(i) State or local workforce development
systems;
(ii) economic development and other
relevant State or local agencies;
(iii) 1 or more community-based
organizations;
(iv) 1 or more institutions of higher
education that primarily award 4-year degrees
with which the eligible institution has
developed or will develop articulation
agreements for programs created or expanded
using funds under this section;
(v) 1 or more providers of adult education;
and
(vi) 1 or more labor organizations or joint
labor-management partnerships.
(2) The programs that will be supported with such award,
including a description of--
(A) each program that will developed or expanded,
and how the program will be responsive to the high-
skill, high-wage, or in-demand industry sectors or
occupations in the geographic region served by the
eligible entity under this section, including--
(i) how the eligible entity will
collaborate with employers to ensure each such
program will provide the skills and
competencies necessary to meet future
employment demand; and
(ii) the quantitative data and evidence
that demonstrates the extent to which each such
program will meet the needs of employers in the
geographic area served by the eligible entity
under this section;
(B) the recognized postsecondary credentials to be
awarded under each program described in subparagraph
(A);
(C) how each such program will facilitate
cooperation between representatives of workers and
employers in the local areas to ensure a fair and
engaging workplace that balances the priorities and
well-being of workers with the needs of businesses;
(D) the extent to which each such program aligns
with a statewide or regional workforce development
strategy, including such strategies established under
section 102(b)(1) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3112(b)(1)); and
(E) how the eligible entity will ensure the quality
of each such program, the career pathways within such
programs, and the jobs in the industry sectors or
occupations to which the program is aligned.
(3) The extent to which the eligible entity can leverage
additional resources, and demonstration of the future
sustainability of each such program.
(4) How each such program and activities carried out under
the grant will include evidence-based practices, including a
description of such practices.
(5) The student populations that will be served by the
eligible entity, including--
(A) an analysis of any barriers to employment or
barriers to postsecondary education that such
populations face, and an analysis of how the services
to be provided by the eligible entity under this
section will address such barriers; and
(B) how the eligible entity will support such
populations to establish a work history, demonstrate
success in the workplace, and develop the skills and
competencies that lead to entry into and retention in
unsubsidized employment.
(6) Assurances the eligible entity will participate in and
comply with third-party evaluations described in subsection
(f)(3).
(e) Use of Funds.--
(1) In general.--An eligible entity shall use a grant
awarded under this section to establish and scale career
training programs, including career and technical education
programs, and career pathways and supports for students
participating in such programs.
(2) Student support and emergency services.--Not less than
15 percent of the grant awarded to an eligible entity under
this section shall be used to carry out student support
services which may include the following:
(A) Supportive services, including childcare,
transportation, mental health services, substance use
disorder prevention and treatment, assistance in
obtaining health insurance coverage, housing, and
assistance in accessing the supplemental nutrition
assistance program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the
special supplemental nutrition program for women,
infants, and children established by section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786), and other
benefits, as appropriate.
(B) Connecting students to State or Federal means-
tested benefits programs, including the means-tested
Federal benefits programs described in subparagraphs
(A) through (F) of section 479(d)(2) of the Higher
Education Act of 1965 (20 U.S.C. 1087ss(d)(2)).
(C) The provision of direct financial assistance to
help students facing financial hardships that may
impact enrollment in or completion of a program
assisted with such funds.
(D) Navigation, coaching, mentorship, and case
management services, including providing information
and outreach to populations described in subsection (c)
to take part in a program supported with such funds.
(E) Providing access to necessary supplies,
materials, or technological devices, and required
equipment, and other supports necessary to participate
in such programs.
(3) Additional required program activities.--The funds
awarded to an eligible entity under this section that remain
after carrying out paragraph (2) shall be used to--
(A) create, develop, or expand articulation
agreements (as defined in section 486A(a) of the Higher
Education Act of 1965 (20 U.S.C. 1093a(a)), credit
transfer agreements, policies to award credit for prior
learning, corequisite remediation, dual or concurrent
enrollment programs, career pathways, and competency-
based education;
(B) establish or expand industry or sector
partnerships to develop or expand academic programs and
curricula;
(C) establish or expand work-based learning
opportunities, including apprenticeship programs or
paid internships;
(D) establish or implement plans for programs
supported with funds under this section to be included
on the eligible training provider, as described under
section 122(d) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(d));
(E) award academic credit or provide for academic
alignment towards credit pathways for programs assisted
with such funds, including industry recognized
credentials, competency-based education, or work-based
learning;
(F) make available open, searchable, and comparable
information on the recognized postsecondary credentials
awarded under such programs, including the related
skills or competencies, related employment, and
earnings outcomes; or
(G) acquiring equipment necessary to support
activities permitted under this section.
(f) Secretarial Reservations.--Not more than 5 percent of the funds
appropriated for a fiscal year may be used by the Secretary for--
(1) the administration of the program under this section,
including providing technical assistance to eligible entities;
(2) targeted outreach to eligible institutions serving a
high number or high percentage of low-income populations, and
rural serving eligible institutions to provide guidance and
assistance in the grant application process under this section;
and
(3) a rigorous, third-party evaluation that uses
experimental or quasi-experimental design or other research
methodologies that allow for the strongest possible causal
inferences to determine whether each eligible entity carrying
out a program supported under this section has met the goals of
such program as described in the application submitted by
eligible entity, including through a national assessment of all
such programs at the conclusion of each 4-year grant period.
(g) Reports and Dissemination.--
(1) Reports.--Each eligible entity receiving funds under
this section shall report to the Secretary annually on--
(A) a description of the programs supported with
such funds, including activities carried out directly
by the eligible entity and activities carried out by
each partner of the eligible entity described in
subsection (d)(1);
(B) data on the population served with the funds
and labor market outcomes of populations served by the
funds;
(C) resources leveraged by the eligible entity to
support activities under this section; and
(D) the performance of each such program with
respect to the indicators of performance under section
116(b)(2)(A)(i) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i)).
(2) Dissemination.--Each eligible entity receiving funds
under this section shall--
(A) participate in activities regarding the
dissemination of related research, best practices, and
technical assistance; and
(B) to the extent practicable, and as determined by
the Secretary, make available to the public any
materials created under the grant.
(h) Authorization of Appropriations.--There is authorized to be
appropriated, and there is appropriated, out of any money in the
Treasury not already appropriated, to carry out this section
$2,000,000,000 for fiscal year 2020, to remain available through fiscal
year 2024.
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.
(a) Definitions.--In this section:
(1) Advanced telecommunications and information services.--
The term ``advanced telecommunications and information
services'' means advanced telecommunications and information
services, as that term is used in section 254(h) of the
Communications Act of 1934 (47 U.S.C. 254(h)).
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Connected device.--The term ``connected device'' means
a laptop computer, tablet computer, or similar device that is
capable of connecting to advanced telecommunications and
information services.
(4) Covered regulations.--The term ``covered regulations''
means the regulations promulgated under subsection (b).
(5) Emergency connectivity fund.--The term ``Emergency
Connectivity Fund'' means the fund established under subsection
(h)(1).
(6) Eligible equipment.--The term ``eligible equipment''
means the following:
(A) Wi-Fi hotspots.
(B) Modems.
(C) Routers.
(D) Devices that combine a modem and router.
(E) Connected devices.
(7) Library.--The term ``library'' includes a library
consortium.
(8) Wi-fi.--The term ``Wi-Fi'' means a wireless networking
protocol based on Institute of Electrical and Electronics
Engineers standard 802.11 (or any successor standard).
(9) Wi-fi hotspot.--The term ``Wi-Fi hotspot'' means a
device that is capable of--
(A) receiving mobile advanced telecommunications
and information services; and
(B) sharing such services with another device
through the use of Wi-Fi.
(b) Regulations Required.--Not later than 7 days after the date of
enactment of this Act, the Commission shall promulgate regulations
providing for the provision, from amounts made available from the
Emergency Connectivity Fund, of support under section 254(h)(1)(B) of
the Communications Act of 1934 (47 U.S.C. 254(h)(1)(B)) to an
elementary school, secondary school, or library (including a Tribal
elementary school, Tribal secondary school, or Tribal library) eligible
for support under that section, during a qualifying emergency
(including any portion of the qualifying emergency occurring before the
date of enactment of this Act) of eligible equipment or advanced
telecommunications and information services, for use by--
(1) in the case of a school, students and staff of the
school at locations that include locations other than the
school; and
(2) in the case of a library, patrons of the library at
locations that include locations other than the library.
(c) Eligibility of Tribal Libraries.--For purposes of determining
the eligibility of a Tribal library for support under the covered
regulations, the portion of paragraph (4) of section 254(h) of the
Communications Act of 1934 (47 U.S.C. 254(h)) relating to eligibility
for assistance from a State library administrative agency under the
Library Services and Technology Act (20 U.S.C. 9121 et seq.) shall not
apply.
(d) Prioritization of Support.--The Commission shall provide in the
covered regulations for a mechanism to require a school or library to
prioritize the provision of eligible equipment or advanced
telecommunications and information services (or both), for which
support is received under those regulations, to students and staff or
patrons (as the case may be) that the school or library believes do not
have access to eligible equipment or advanced telecommunications and
information services (or do not have access to either), respectively,
at the residences of the students and staff or patrons.
(e) Treatment of Equipment After Qualifying Emergency.--The
Commission shall provide in the covered regulations that, in the case
of a school or library that purchases eligible equipment using support
received under the covered regulations, the school or library--
(1) may, after the qualifying emergency with respect to
which the support is received, use the equipment for any
purposes that the school or library considers appropriate,
subject to any restrictions provided in the covered regulations
(or any successor regulation); and
(2) may not sell or otherwise transfer the equipment in
exchange for any thing (including a service) of value, except
that the school or library may exchange the equipment for
upgraded equipment of the same type.
(f) Rule of Construction.--Nothing in this section shall be
construed to affect any authority of the Commission under section
254(h)(1)(B) of the Communications Act of 1934 (47 U.S.C. 254(h)(1)(B))
to allow support under that section to be used for the purposes
described in subsection (b) of this section other than as required by
that subsection.
(g) Procedural Matters.--
(1) Part 54 regulations.--Nothing in this section shall be
construed to prevent the Commission from providing that the
regulations in part 54 of title 47, Code of Federal
Regulations--
(A) shall apply in whole or in part to support
provided under the covered regulations;
(B) shall not apply in whole or in part to support
provided under the covered regulations; or
(C) shall be modified in whole or in part for
purposes of application to support provided under the
covered regulations.
(2) Exemption from certain rulemaking requirements.--
Subsections (b), (c), and (d) of section 553 of title 5, United
States Code, shall not apply to the covered regulations or a
rulemaking to promulgate the covered regulations.
(3) Paperwork reduction act exemption.--A collection of
information conducted or sponsored under the covered
regulations, or under section 254 of the Communications Act of
1934 (47 U.S.C. 254) in connection with support provided under
the covered regulations, shall not constitute a collection of
information for the purposes of subchapter I of chapter 35 of
title 44, United States Code (commonly referred to as the
``Paperwork Reduction Act'').
(h) Emergency Connectivity Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Emergency
Connectivity Fund''.
(2) Appropriation.--There is appropriated to the Emergency
Connectivity Fund, out of any money in the Treasury not
otherwise appropriated, $4,000,000,000 for fiscal year 2020, to
remain available through fiscal year 2021.
(3) Use of funds.--Amounts in the Emergency Connectivity
Fund shall be available to the Commission to provide support
under the covered regulations.
(4) Relationship to universal service contributions.--
Support provided under the covered regulations shall be
provided from amounts made available under paragraph (3) and
not from contributions under section 254(d) of the
Communications Act of 1934 (47 U.S.C. 254(d)).
TITLE III--GENERAL PROVISIONS
SEC. 301. PROTECTIONS FOR CHILDREN WITH DISABILITIES.
The Secretary of Education shall ensure that, in order for a State
to receive any portion of amounts made available under this Act or the
amendments made by this Act for elementary education, secondary
education, or early childhood education, the State shall provide an
assurance to the Secretary that all children with disabilities, as
defined in section 602 of the Individuals with Disabilities Education
Act (20 U.S.C. 1401), are afforded their full rights under--
(1) the Individuals with Disabilities Education Act,
including all rights and services outlined in individualized
education programs (as defined in section 614(d) of such Act
(20 U.S.C. 1414(d)) and individualized family service plans (as
described in section 636 of such Act (20 U.S.C. 1436)); and
(2) section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794).
SEC. 302. RULE OF CONSTRUCTION RELATING TO REGISTERED APPRENTICESHIP
PROGRAMS.
If funds awarded under this Act, including all funds awarded for
the purposes of grants, contracts, or cooperative agreements, or the
development, implementation, or administration of apprenticeship
programs, are used to fund apprenticeship programs, those funds shall
only be provided to apprenticeship programs that are registered by the
Office of Apprenticeship or a State apprenticeship agency under the Act
of August 16, 1937 (commonly known as the ``National Apprenticeship
Act'') (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), including, as
in effect on December 30, 2019, any requirement, standard, or rule
promulgated under that Act.
SEC. 303. GENERAL EDUCATION PROVISIONS ACT REQUIREMENTS RELATING TO
COVID-19.
Notwithstanding any other provision of law, if determined necessary
and appropriate due to a qualifying emergency by the Secretary of
Education, the Secretary may waive, for a period not to exceed academic
year 2019-2020--
(1) upon the request of a State or Indian Tribe receiving
funds under title I of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2321 et seq.), the limited
period for obligations and expenditures under section 421(b)(1)
of the General Education Provisions Act (20 U.S.C. 1225(b(1))
for the State or Indian Tribe with respect to such funds; and
(2) upon the request of an eligible agency receiving funds
under the Adult Education and Family Literacy Act (29 U.S.C.
3271 et seq.), the limited period under section 421(b)(1) of
the General Education Provisions Act (20 U.S.C. 1225(b)) for
that eligible agency with respect to such funds.
SEC. 304. EMERGENCY DESIGNATION.
(a) In General.--The amounts provided by this Act are designated as
an emergency requirement pursuant to section 4(g) of the Statutory Pay-
As-You-Go Act of 2010 (2 U.S.C. 933(g)).
(b) Designation in Senate.--In the Senate, this Act is designated
as an emergency requirement pursuant to section 4112(a) of H. Con. Res.
71 (115th Congress), the concurrent resolution on the budget for fiscal
year 2018.
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Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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