[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3489 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3489
To support children and students in responding to safety and health
risks presented by qualifying emergencies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 12, 2020
Mrs. Murray (for herself, Mrs. Gillibrand, and Mr. Schumer) introduced
the following bill; which was read twice and referred to the Committee
on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To support children and students in responding to safety and health
risks presented by qualifying emergencies, 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 ``Supporting Students in Response to
Coronavirus Act''.
SEC. 2. EDUCATION PREPAREDNESS AND SUPPORT GRANTS.
(a) Definitions.--In this section:
(1) Child with a disability.--The term ``child with a
disability'' has the meaning given the term in section 602 of
the Individuals with Disabilities Education Act (20 U.S.C.
1401).
(2) Disability.--The term ``disability'' has the meaning
given the term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(3) Elementary school.--The term ``elementary school'' has
the meaning given the term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a Bureau of Indian Education school;
(B) a local educational agency, as defined in
section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801); or
(C) an institution of higher education, as defined
by the Secretary in accordance with the definitions of
the term under title I of the Higher Education Act of
1965 (20 U.S.C. 1001 et seq.).
(5) Low-income child or student.--The term ``low-income
child or student'' means--
(A) a child described under section 1124(c) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6333(c)); or
(B) a student who is eligible for a Federal Pell
Grant under subpart 1 of part A of title IV (20 U.S.C.
1070a).
(6) Non-public school.--The term ``non-public school''
means a non-public elementary school or 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.
(7) Qualifying emergency.--The term ``qualifying
emergency'' means--
(A) a public health emergency declared by the
Secretary of Health and Human Services pursuant to
section 319 of the Public Health Service Act (42 U.S.C.
247d);
(B) an emergency for which a Governor of a State or
territory has declared a state of emergency;
(C) an event for which the President declared a
major disaster or an emergency under section 401 or
501, respectively, of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170 and
5191); or
(D) a national emergency declared by the President
under section 201 of the National Emergencies Act (50
U.S.C. 1621).
(8) Public school.--The term ``public school'' means a
public elementary school or secondary school.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(10) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(11) State.--The term ``State'' has the meaning given the
term in section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(12) State educational agency.--The term ``State
educational agency'' has the meaning given the term in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(b) Authorization of Grants.--
(1) In general.--From amounts appropriated to carry out
this section and not reserved under paragraph (3), the
Secretary is authorized to award grants, on a competitive
basis, to States and the Bureau of Indian Education to enable
the States and Bureau of Indian Education to respond to safety
and health risks presented by qualifying emergencies.
(2) Grant period.--Grant funds awarded under this section
shall be expended not later than 2 years after the date on
which such funds are awarded.
(3) Technical assistance.--The Secretary shall reserve not
less than 0.5 percent and not more than 1 percent of amounts
appropriated to carry out this section to enable the Department
of Education--
(A) to provide technical assistance to eligible
entities that request technical assistance; and
(B) to coordinate technical assistance that is
provided by State, local, tribal, and territorial
public health departments and other relevant agencies.
(4) Notice.--The Secretary shall issue a notice inviting
applications for grants under this section not later than 30
days after the date of enactment of this Act.
(5) Receipt of applications.--The Secretary shall accept
applications from States and the Bureau of Indian Education
under this section on a rolling basis.
(6) Response.--The Secretary shall approve or deny
applications from States and the Bureau of Indian Education
under subsection (c) not later than 30 days after the date of
the submission of the application.
(c) Application Requirements for States and BIE.--
(1) In general.--A State or the Bureau of Indian Education
shall submit an application to the Secretary at such time, in
such manner, and including such information as the Secretary
may reasonably require. Each application shall include a
description of the competitive grant process the State or
Bureau of Indian Education will establish to award subgrant
funds to eligible entities, including--
(A) a demonstration of the need for funds;
(B) a description of how the State will coordinate
with--
(i) the State educational agency; and
(ii) if applicable, the State agency with
jurisdiction over public higher education in
the State;
(C) a description of how the State or Bureau of
Indian Education will make eligible entities aware of
available funds;
(D) a description of the criteria the State or
Bureau of Indian Education will use to award the
subgrants; and
(E) a description of how the subgrant funds will be
allocated.
(2) Lead applicant.--In the case of a State that is
applying for a grant under this section, the Governor shall be
the lead applicant.
(d) Use of Funds; Subgrants.--
(1) In general.--A State or the Bureau of Indian Education
receiving a grant under this section shall--
(A) reserve 5 percent of grant funds to provide
technical assistance, including providing technical
assistance to eligible entities with limited
administrative capacity, and carry out the reporting
requirements described in subsection (h); and
(B) use 95 percent of grant funds to award
subgrants, on a competitive basis, to eligible entities
or consortia of eligible entities.
(2) Application.--An eligible entity desiring to receive a
subgrant under this section shall submit to the State, or the
Bureau of Indian Education, as applicable, an application
containing--
(A) a description of the need for funds;
(B) a description of how the eligible entity will
use the funds, including by providing a budget;
(C) a description of how the eligible entity will
address the unique needs of low-income children or
students, children with disabilities and students with
disabilities, English learners, racial and ethnic
minorities, students experiencing homelessness, and
children in foster care;
(D) in the case of an eligible entity that is a
local educational agency, an assurance that the local
educational agency--
(i) has taken the needs of public schools
and non-public schools into account prior to
the application for funds;
(ii) will notify all public schools and
non-public schools in its boundaries of the
receipt of grant funds under this section; and
(iii) based on the severity of impact and
demonstrated need, will address the needs of
public schools and non-public schools in its
boundaries; and
(E) any other requirements established by the
Governor.
(3) Priority.--In awarding subgrants under this section a
grantee shall prioritize the following eligible entities:
(A) Eligible entities with respect to which a
significant percentage of the population served by the
eligible entity is impacted by a qualifying emergency.
(B) Eligible entities serving a high percentage of
low-income children or students.
(e) Uses of Funds for Subgrants.--An eligible entity receiving a
subgrant under this section shall use subgrant funds to carry out one
or more of the following activities:
(1) Coordination of preparedness and response efforts of
eligible entities with State, local, tribal, and territorial
public health departments, and other relevant agencies, to
improve coordinated responses to qualifying emergencies among
such entities.
(2) Activities coordinated with State, local, tribal, and
territorial public health departments to detect, prevent, or
mitigate the spread of infectious disease or otherwise respond
to a qualifying emergency.
(3) Developing and implementing procedures and systems to
improve the preparedness and response efforts of eligible
entities.
(4) Providing mental health services and supports,
including--
(A) counseling, for students and staff of the
eligible entity; and
(B) mental health crisis response and intervention
services for students and staff of the eligible entity
affected by a qualifying emergency.
(5) Training and professional development for staff of the
eligible entity on sanitation and minimizing the spread of
infectious diseases.
(6) Purchasing supplies to sanitize and clean the
facilities of an eligible entity, including buildings operated
by local educational agencies or institutions of higher
education.
(7) Hiring outside experts to provide training and
professional development for staff to mitigate and minimize the
spread of infectious disease in elementary schools and
secondary schools, and buildings operated by local educational
agencies and institutions of higher education and compensating
such staff for any regular or overtime hours spent during such
training or professional development and for any duties
performed as a result of that training or professional
development. If an eligible entity demonstrates that the
severity of the hazard precludes the feasible use of existing
staff and that services by outside experts is necessary to
remedy the hazard, such amounts may be utilized for hiring
outside experts to mitigate and minimize spread of infectious
disease in such facilities.
(8) Planning for long-term closures, including planning for
how to provide meals to eligible students, how to provide
technology for virtual instruction to all students, how to
provide guidance for carrying out requirements under the
Individuals with Disabilities Education Act (20 U.S.C. 1401 et
seq.), and how to ensure other educational services can
continue to be provided consistent with all Federal, State, and
local requirements.
(9) Purchasing educational technology for students who are
served by the eligible entity, including low-income students
and students with disabilities, which may include assistive
technology or adaptive equipment.
(10) Other activities that are necessary to maintain the
operation of and continuity of services in local educational
agencies or institutions of higher education, such as providing
information to parents on efforts to prevent and respond to a
qualifying emergency.
(11) Hiring temporary employees that are necessary to
maintain the operations of the eligible entity in the event
that the employees of the eligible entity are unable to work by
reason of a qualifying emergency, provided that the eligible
entity carries out and agrees to all of the following:
(A) The eligible entity compensates any such
temporary employees at a minimum amount of the greater
of--
(i) the regular rate of pay of the employee
who is unable to work by reason of the
qualifying emergency;
(ii) the minimum wage provided by section
6(a)(1) of the Fair Labor Standards Act of 1938
(29 U.S.C. 206(a)(1)); or
(iii) the minimum wage amount provided for
by the State or locality in which the employee
is employed.
(B) The eligible entity continues to compensate any
employee who is unable to work by reason of a
qualifying emergency and who is temporarily replaced
under this paragraph at a minimum amount of the greater
of--
(i) the regular rate of pay of the employee
who is unable to work because of the qualifying
emergency;
(ii) the minimum wage provided by section
6(a)(1) of the Fair Labor Standards Act of 1938
(29 U.S.C. 206(a)(1)); or
(iii) the minimum wage amount provided for
by the State or locality in which the employee
is employed.
(C) An employee who was unable to work by reason of
the qualifying emergency shall not be denied initial
employment, reemployment, retention in employment,
promotion, or any benefit of employment by an entity on
the basis of the employee's previous absence by reason
of the qualifying emergency event.
(D) A person who is reemployed under this paragraph
is entitled to the seniority and other rights and
benefits determined by seniority that the person had on
the date of the qualifying emergency plus the
additional seniority and rights and benefits that such
person would have attained if the person had remained
continuously employed.
(E) In any case in which an employee who is unable
to work by reason of the qualifying emergency (or the
employee's dependents) is enrolled in a group health
plan (as defined in section 733 of the Employee
Retirement Income Security Act of 1974), including
group health insurance coverage (as defined in such
section 733) offered in connection with such a plan,
and such person is absent from such position of
employment by reason of the qualifying emergency, or
such person becomes eligible for medical and dental
care under chapter 55 of title 10 by reason of
subsection (d) of section 1074 of that title, the plan
or coverage shall provide that the person may elect to
continue such enrollment in the plan or coverage for
the duration of the qualifying emergency. The eligible
entity shall continue to make employer contributions on
its share of premiums and other amounts on behalf of
employees as it may have otherwise have had to pay had
the employee not been unavailable by reason of the
emergency.
(F) The eligible entity may not discriminate in
employment against or take any adverse employment
action against any person because such person--
(i) has taken an action to enforce a
protection afforded any person under this
paragraph;
(ii) has testified or otherwise made a
statement in or in connection with any
proceeding to enforce a protection under this
paragraph;
(iii) has assisted or otherwise
participated in an investigation to enforce a
protection under this paragraph; or
(iv) has exercised a right provided for in
this paragraph.
(G) An eligible entity shall be considered to have
engaged in actions prohibited under this paragraph--
(i) if the employee's inability to work
during the qualifying emergency is a motivating
factor in the eligible entity's action, unless
the program or agency can prove that the action
would have been taken in the absence of the
employee's inability to work; or
(ii) if the employee's--
(I) action to enforce a protection
afforded any person under this
paragraph;
(II) testimony or making of a
statement in or in connection with any
proceeding to enforce a protection
under this paragraph;
(III) assistance or other
participation in an investigation to
enforce a protection under this
paragraph; or
(IV) exercise of a right provided
for in this paragraph,
is a motivating factor in the eligible entity's
action, unless the program or agency can prove
that the action would have been taken in the
absence of such person's enforcement action,
testimony, statement, assistance,
participation, or exercise of a right.
(H) An action to recover any damages or equitable
relief for violating this paragraph may be maintained
against the eligible entity in any Federal or State
court of competent jurisdiction by one or more
employees or individuals or their representative.
(f) Collective-Bargaining.--
(1) Rule of construction.--Nothing in subsection (e) shall
be construed to displace any otherwise applicable provision of
any collective-bargaining agreement between the eligible entity
and a labor organization, as defined by section 2(5) of the
National Labor Relations Act (29 U.S.C. 152(5)) or analogous
State law, representing its employees or to otherwise relieve
the eligible entity of its duty to bargain with any such labor
organization.
(2) Maintenance of wages, benefits, terms, and
conditions.--Any eligible entity receiving funds under this
section shall maintain the wages, benefits, and other terms and
conditions of employment set forth in any collective-bargaining
agreement between the eligible entity and a labor organization,
as defined in paragraph (1), of its employees or otherwise
abide by the terms of any applicable law for the duration of
the qualifying emergency and any such additional period as
determined by the Secretary, but not less than 6 months after
the declaration of the termination of the qualifying emergency.
(g) Public Control of Funds.--For an eligible entity that is a
local educational agency--
(1) the control of funds for the services and assistance
provided to a non-public school under this section, and title
to materials, equipment, and property purchased with such
funds, shall be in a public agency, and a public agency shall
administer such funds, materials, equipment, and property and
shall provide such services (or may contract for the provision
of such services with a public or private entity); and
(2) when carrying out subsection (e), the local educational
agency may serve non-public schools based on demonstrated need
and impact.
(h) Reporting.--
(1) Report to the secretary.--At the end of the grant
period, a grantee shall prepare and submit to the Secretary a
report containing the following information:
(A) The number of subgrants awarded, disaggregated
by the type of eligible entity.
(B) A list of subgrantees.
(C) The average subgrant award amount.
(D) The number of subgrant applicants.
(E) A summary of the activities that eligible
entities carried out using subgrant funds.
(2) Eligible entities report to the state or bie.--Not
later than 180 days after receiving a subgrant under this
section, and every 180 days thereafter, an eligible entity
shall prepare and submit to the State or Bureau of Indian
Education, as applicable, a report containing the following
information:
(A) A summary of the activities that the eligible
entity carried out using subgrant funds.
(B) The number of children or students who were
served by such activities, if applicable.
(i) Authorization of Mandatory Funding.--There are authorized to be
appropriated, and there are appropriated, from amounts in the Treasury
not already appropriated, to carry out this section $600,000,000 for
fiscal years 2020 and 2021 (in addition to any other amounts
appropriated to carry out this section).
SEC. 3. PREPAREDNESS AND SUPPORT GRANTS FOR EARLY CARE AND EDUCATION
PROGRAMS AND HEAD START AGENCIES.
(a) Definitions.--In this section:
(1) Child with a disability.--The term ``child with a
disability'' has the meaning given the term in section 602 of
the Individuals with Disabilities Education Act (20 U.S.C.
1401).
(2) Eligible early care and education program.--The term
``eligible early care and education program'' means--
(A) an eligible child care provider, as defined in
section 658P of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858n);
(B) a State prekindergarten program; or
(C) a group of entities described in subparagraph
(A) or (B).
(3) Head start agency.--The term ``Head Start agency''
means a Head Start agency, including an Early Head Start
agency, designated under section 641 of the Head Start Act (42
U.S.C. 9836).
(4) Lead agency.--The term ``lead agency'' means a lead
agency under the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858).
(5) Low-income child.--The term ``low-income child'' means
an eligible child as defined in section 658P of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858n).
(6) Qualifying emergency.--The term ``qualifying
emergency'' means--
(A) a public health emergency declared by the
Secretary of Health and Human Services pursuant to
section 319 of the Public Health Service Act (42 U.S.C.
247d);
(B) an emergency for which a Governor of a State or
territory has declared a state of emergency;
(C) an event for which the President declared a
major disaster or an emergency under section 401 or
501, respectively, of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170 and
5191); or
(D) a national emergency declared by the President
under section 201 of the National Emergencies Act (50
U.S.C. 1621).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Authorization of Grants for Early Care and Education Programs
and Head Start Agencies.--
(1) In general.--From amounts appropriated to carry out
this section and not reserved under paragraph (3) or (4), the
Secretary is authorized to award grants, on a competitive
basis, to the lead agency to enable the lead agency to respond
to safety and health risks presented by qualifying emergencies.
(2) Grant period.--Grant funds awarded under this section
shall be expended not later than 2 years after the date on
which such funds are awarded.
(3) Reservation.--The Secretary shall reserve 10 percent of
the amounts appropriated to carry out this section to award
competitive grants to Head Start agencies.
(4) Technical assistance.--The Secretary shall reserve 0.5
percent of the amounts appropriated to carry out this section
to enable the Department of Health and Human Services--
(A) to provide technical assistance to eligible
early care and education programs that request
technical assistance; and
(B) to coordinate technical assistance that is
provided by State, local, tribal, and territorial
public health departments and other relevant agencies.
(5) Notice.--The Secretary shall issue a notice inviting
applications for grants under this section not later than 30
days after the date of enactment of this Act.
(6) Receipt of applications.--The Secretary shall accept
applications from lead agencies and Head Start agencies under
this section on a rolling basis.
(7) Response.--The Secretary shall approve or deny
applications from lead agencies and Head Start agencies under
subsection (c) not later than 30 days after the date of the
submission of the application.
(c) Application Requirements.--
(1) In general.--A lead agency shall submit an application
to the Secretary at such time, in such manner, and including
such information as the Secretary may reasonably require. Each
application shall include a description of the competitive
grant process the lead agency will establish to award subgrant
funds to eligible early care and education programs,
including--
(A) a demonstration of the need for funds;
(B) a description of how the lead agency will make
eligible early care and education programs aware of
available funds;
(C) a description of the criteria the lead agency
will use to award the subgrants;
(D) a description of how the subgrant funds will be
allocated; and
(E) an assurance that the lead agency will, for the
duration of the qualifying emergency, implement
enrollment and eligibility policies that support the
fixed costs of providing child care services by
delinking provider reimbursement rates from an eligible
child's absence due to the qualifying emergency.
(2) Head start agencies.--A Head Start agency desiring a
grant under this section to carry out the activities described
in subsection (e) with respect to Head Start programs shall
submit an application to the Secretary at such time, in such
manner, and including such information as the Secretary may
reasonably require, including--
(A) a description of the need for funds;
(B) a description of how the Head Start agency will
use the funds, including by providing a budget;
(C) a description of how the Head Start agency will
address the unique needs of low-income children,
children with disabilities, English learners, racial
and ethnic minorities, and children experiencing
homelessness; and
(D) any other requirements established by the
Secretary.
(d) Uses of Grant Funds by Lead Agency.--
(1) In general.--The lead agency shall--
(A) reserve 5 percent of grant funds to provide
technical assistance, including providing technical
assistance to eligible early care and education
programs with limited administrative capacity, and
carry out the reporting requirements described in
subsection (f); and
(B) use 95 percent of grant funds to award
subgrants, on a competitive basis, to eligible early
care and education programs.
(2) Application.--An eligible early care and education
program desiring to receive a subgrant under this section shall
submit to the lead agency an application containing--
(A) a description of the need for funds;
(B) a description of how the eligible early care
and education program will use the funds, including by
providing a budget;
(C) a description of how the eligible early care
and education program will address the unique needs of
low-income children, children with disabilities,
English learners, racial and ethnic minorities, and
children experiencing homelessness; and
(D) any other requirements established by the lead
agency.
(3) Priority.--In awarding subgrants under this section,
the lead agency shall prioritize the following eligible early
care and education programs:
(A) Eligible early care and education programs with
respect to which a significant percentage of the
population served by the eligible early care and
education program is impacted by a qualifying
emergency.
(B) Eligible early care and education programs
serving a high percentage of children receiving child
care assistance from State programs funded under the
Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858 et seq.).
(e) Uses of Funds.--An eligible early care and education program
receiving a subgrant under this section shall carry out one or more of
the following activities with respect to such program, and a Head Start
agency receiving a grant under this section shall carry out one or more
of the following activities with respect to Head Start programs:
(1) Coordination of preparedness and response efforts of
eligible early care and education programs or Head Start
programs with State, local, tribal, and territorial public
health departments, and other relevant agencies, to improve
coordinated responses to qualifying emergencies among such
entities.
(2) Activities to detect, prevent, or mitigate the spread
of infectious disease or otherwise respond to a qualifying
emergency based on best practices identified by or in
coordination with a State, local, tribal, or territorial public
health department.
(3) Developing and implementing procedures and systems to
improve the preparedness and response efforts of eligible early
care and education programs or Head Start programs.
(4) Providing mental health services and supports,
including--
(A) counseling for children and staff of the
eligible early care and education program or Head Start
program; and
(B) mental health crisis response and intervention
services for children and staff of the eligible early
care and education program or Head Start program
affected by a qualifying emergency.
(5) Training and professional development for staff of the
eligible early care and education program or Head Start program
on sanitation, and minimizing the spread of infectious
diseases.
(6) Purchasing supplies to sanitize and clean the
facilities of an eligible early care and education program or
Head Start program, or hiring outside experts to mitigate and
minimize spread of infectious disease in such facilities.
(7) Other costs that are necessary to maintain the
operation of eligible early care and education programs or Head
Start programs, such as substitute staff or other emergency
assistance.
(8) Hiring temporary employees that are necessary to
maintain the operations of the eligible early care and
education program or Head Start agency in the event that the
employees of such program or agency are unable to work by
reason of a qualifying emergency, provided that the eligible
entity carries out and agrees to all of the following:
(A) The eligible early care and education program
or Head Start agency compensates any such temporary
employees at a minimum amount of the greater of--
(i) the regular rate of pay of the employee
who is unable to work by reason of the
qualifying emergency;
(ii) the minimum wage provided by section
6(a)(1) of the Fair Labor Standards Act of 1938
(29 U.S.C. 206(a)(1)); or
(iii) the minimum wage amount provided for
by the State or locality in which the employee
is employed.
(B) The eligible early care and education program
or Head Start agency continues to compensate any
employee who is unable to work by reason of a
qualifying emergency and who is temporarily replaced
under this paragraph at a minimum amount of the greater
of--
(i) the regular rate of pay of the employee
who is unable to work because of the qualifying
emergency;
(ii) the minimum wage provided by section
6(a)(1) of the Fair Labor Standards Act of 1938
(29 U.S.C. 206(a)(1)); or
(iii) the minimum wage amount provided for
by the State or locality in which the employee
is employed.
(C) An employee who was unable to work by reason of
the qualifying emergency shall not be denied initial
employment, reemployment, retention in employment,
promotion, or any benefit of employment by an eligible
early care and education program or Head Start agency
on the basis of the employee's previous absence by
reason of the qualifying emergency event.
(D) A person who is reemployed under this paragraph
is entitled to the seniority and other rights and
benefits determined by seniority that the person had on
the date of the qualifying emergency plus the
additional seniority and rights and benefits that such
person would have attained if the person had remained
continuously employed.
(E) In any case in which an employee who is unable
to work by reason of the qualifying emergency (or the
employee's dependents) is enrolled in a group health
plan (as defined in section 733 of the Employee
Retirement Income Security Act of 1974), including
group health insurance coverage (as defined in such
section 733) offered in connection with such a plan,
and such person is absent from such position of
employment by reason of the qualifying emergency, or
such person becomes eligible for medical and dental
care under chapter 55 of title 10 by reason of
subsection (d) of section 1074 of that title, the plan
or coverage shall provide that the person may elect to
continue such enrollment in the plan or coverage for
the duration of the qualifying emergency.
(F) The eligible early care and education program
or Head Start agency may not discriminate in employment
against or take any adverse employment action against
any person because such person--
(i) has taken an action to enforce a
protection afforded any person under this
paragraph;
(ii) has testified or otherwise made a
statement in or in connection with any
proceeding to enforce a protection under this
paragraph;
(iii) has assisted or otherwise
participated in an investigation to enforce a
protection under this paragraph; or
(iv) has exercised a right provided for in
this paragraph.
(G) An eligible early care and education program or
Head Start agency shall be considered to have engaged
in actions prohibited under this paragraph--
(i) if the employee's inability to work
during the qualifying emergency is a motivating
factor in the eligible early care and education
program or Head Start agency's action, unless
the program or agency can prove that the action
would have been taken in the absence of the
employee's inability to work; or
(ii) if the employee's--
(I) action to enforce a protection
afforded any person under this
paragraph;
(II) testimony or making of a
statement in or in connection with any
proceeding to enforce a protection
under this paragraph;
(III) assistance or other
participation in an investigation to
enforce a protection under this
paragraph; or
(IV) exercise of a right provided
for in this paragraph,
is a motivating factor in the eligible early
care and education program or Head Start
agency's action, unless the program or agency
can prove that the action would have been taken
in the absence of such person's enforcement
action, testimony, statement, assistance,
participation, or exercise of a right.
(H) An action to recover any damages or equitable
relief for violating this paragraph may be maintained
against the eligible early care and education program
or Head Start agency in any Federal or State court of
competent jurisdiction by one or more employees or
individuals or their representative.
(f) Reporting.--
(1) Report to the secretary.--At the end of the grant
period, the lead agency shall prepare and submit to the
Secretary a report containing the following information:
(A) The number of subgrants awarded, disaggregated
by the type of eligible early care and education
program.
(B) A list of subgrantees.
(C) Average subgrant award amount.
(D) The number and a list of subgrant applicants.
(E) A summary of the activities that eligible early
care and education programs carried out using subgrant
funds.
(2) Eligible early care and education programs report to
the lead agency.--Not later than 180 days after receiving a
subgrant or grant under this section and every 180 days
thereafter, an eligible early care and education program shall
prepare and submit to the lead agency, and a Head Start agency
shall prepare and submit to the Secretary, a report containing
the following information:
(A) A summary of the activities that the eligible
early care and education program or Head Start agency
carried out using those funds.
(B) The number of children who were served by such
activities, if applicable.
(g) Authorization of Mandatory Funding.--There are authorized to be
appropriated, and there are appropriated, from amounts in the Treasury
not already appropriated, to carry out this section $300,000,000 for
fiscal years 2020 and 2021 (in addition to any other amounts
appropriated to carry out this section).
SEC. 4. EMERGENCY FINANCIAL AID GRANTS TO SUPPORT STUDENTS DURING
PERIODS OF EMERGENCY OR DISASTER.
Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.) is amended by adding at the end the following:
``PART J--EMERGENCY FINANCIAL AID GRANTS
``SEC. 499J. EMERGENCY FINANCIAL AID GRANTS TO SUPPORT STUDENTS DURING
PERIODS OF EMERGENCY OR DISASTER.
``(a) Definitions.--In this section:
``(1) Basic needs.--The term `basic needs' means the needs
of a student included in any component of the student's cost of
attendance that support the student's success while enrolled at
an institution of higher education, such as--
``(A) food;
``(B) housing;
``(C) transportation;
``(D) child care;
``(E) the one-time cost of purchasing a personal
computer or establishing a reliable internet
connection; and
``(F) health care.
``(2) Eligible student.--The term `eligible student' means
a student enrolled in an institution of higher education who
has been impacted by a qualifying emergency.
``(3) Emergency financial aid grant.--The term `emergency
financial aid grant' means an emergency financial aid grant
provided to an eligible student under subsection (d).
``(b) Grants Authorized.--The Secretary shall award grants, on a
competitive basis, to institutions of higher education to enable
institutions of higher education to create or expand emergency
financial aid grant programs that address the unexpected expenses
related to basic needs of eligible students during a qualifying
emergency.
``(c) Application.--
``(1) In general.--Each institution of higher education
desiring to create or expand an emergency financial aid grant
program under this section shall submit an application to the
Secretary, at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Contents.--Each application under paragraph (1) shall
include a description of the emergency financial aid grant
program to be carried out by the institution of higher
education, including--
``(A) the amount the institution of higher
education is requesting in the application;
``(B) an estimate of the number of emergency
financial aid grants that such institution of higher
education will make in an award year and how such
institution of higher education assessed such estimate;
``(C) the criteria the institution of higher
education will use to determine that an eligible
student will receive an emergency financial aid grant;
``(D) a description of the process by which an
eligible student may apply and receive an emergency
financial aid grant;
``(E) a description of the process by which an
institution of higher education will determine the
basic needs that will be addressed;
``(F) a description of how the institution of
higher education will prioritize students with the
greatest need;
``(G) a description of how the institution of
higher education will respond to questions regarding,
and disburse funds from, emergency financial aid grants
outside of normal business hours;
``(H) an assurance that the process by which an
eligible student applies for an emergency financial aid
grant includes at least 1 opportunity to appeal a
denial of such grant; and
``(I) an assurance that the institution of higher
education, as applicable, will make additional
information available to eligible students about the
eligibility of such students and their dependents for
means-tested benefit programs and additional Federal,
State, or local programs available to the eligible
students and their dependents as a result of the
qualifying emergency.
``(3) Priorities.--In awarding grants to institutions of
higher education under this section, the Secretary--
``(A) shall give priority to institutions of higher
education most heavily affected by a qualifying
emergency; and
``(B) may give priority to institutions of higher
education that are eligible to receive assistance under
section 371.
``(4) Number of applications.--An institution of higher
education may submit not more than 2 applications under this
subsection for each award year.
``(d) Use of Funds.--
``(1) In general.--An institution of higher education shall
use funds provided under this section to make emergency
financial aid grants to eligible students enrolled at the
institution of higher education at the time of the qualifying
emergency to address the unexpected expenses related to the
basic needs of eligible students during a qualifying emergency.
``(2) No repayment.--An eligible student receiving an
emergency financial aid grant shall not be required to repay
all or any portion of the emergency financial aid grant.
``(3) Limitations.--An emergency financial aid grant to an
eligible student may not be in an amount greater than $1,500
per award year.
``(4) Determinations.--In determining eligibility for and
awarding emergency financial aid grants under this subsection,
an institution of higher education may--
``(A) independently assess a student's unmet
financial need and eligibility separate from the
student's expected family contribution (as determined
under section 474) for an award year;
``(B) utilize a separate application process to
determine the student's unmet financial need; and
``(C) utilize a contract with a scholarship-
granting organization designated for the sole purpose
of accepting applications from or disbursing funds to
students enrolled in the institution of higher
education, if such scholarship-granting organization
disburses the full allocated amount provided to the
institution of higher education to the recipients
(except as provided under subsection (h)(1)).
``(e) Reporting and Oversight.--
``(1) In general.--Not less frequently than once annually,
each institution of higher education that receives a grant
under this section shall submit to the Secretary a report on
the progress of the institution of higher education in carrying
out the programs supported by such grant.
``(2) Form of report.--The report under paragraph (1) shall
be submitted to the Secretary at such time, in such manner, and
containing such information as the Secretary may require. The
Secretary shall issue uniform guidelines describing the
information that shall be reported by institutions of higher
education under such paragraph.
``(3) Content of report.--The report under paragraph (1)
shall include, at minimum, the following:
``(A) The number of students that received an
emergency financial aid grant.
``(B) The average amount of an emergency financial
aid grant awarded to eligible students.
``(C) The number of students that applied for
emergency financial aid grants.
``(D) The number of students that were denied
emergency financial aid grants.
``(E) The average amount of time it took an
institution of higher education to respond to an
application for an emergency financial aid grant by an
eligible student and the average amount of time it took
the institution of higher education to approve or deny
the emergency financial aid grant application.
``(F) The number of students that received an
emergency financial aid grant disaggregated by--
``(i) sex;
``(ii) race or ethnicity;
``(iii) classification as a student with a
disability; and
``(iv) recipients of a Federal Pell Grant.
``(f) Grant Amounts; Duration; Deadlines.--
``(1) Amount.--A grant awarded to an institution of higher
education under this section shall not exceed $750,000.
``(2) Duration.--A grant awarded to an institution of
higher education under this section shall be for a period of
not more than 2 years.
``(3) Deadlines.--
``(A) Notice.--The Secretary shall issue a notice
inviting applications for grants under this section no
later than 30 days after the enactment of the
Supporting Students in Response to Coronavirus Act.
``(B) Receipt of applications.--The Secretary shall
accept applications from institutions of higher
education on a rolling basis.
``(C) Response.--The Secretary shall approve or
deny applications from institutions of higher education
under subsection (c) within 30 days.
``(4) Redistribution of excess amounts.--If an institution
of higher education returns to the Secretary any portion of the
sums awarded to the eligible institution under this section for
any fiscal year, the Secretary shall redistribute the excess
funds to institutions of higher education receiving grants
under this section for such year that received and used at
least 5 percent of the total amount of funds granted to
institutions of higher education under this section.
``(g) Outreach; Technical Assistance.--The Secretary shall--
``(1) conduct outreach to institutions of higher education
to provide information on the opportunity to apply to carry out
an emergency financial aid program under this section; and
``(2) provide technical assistance and outreach to
institutions of higher education for the preparation of
applications described in subsection (c).
``(h) Administration.--
``(1) Administration costs.--An institution of higher
education that receives a grant under this section may use not
more than 3 percent of the grant funds to administer such
grant.
``(2) Reservation by secretary.--The Secretary may reserve
not more than \1/2\ of 1 percent of the grant funds to
administer the program under this section.
``(i) Applicability.--Notwithstanding any other provision of law,
any requirement under this title that applies to assistance under this
title shall not apply with respect to a grant or emergency financial
aid grant provided under this part unless otherwise explicitly
provided.
``(j) Authorization and Appropriations.--
``(1) In general.--There are authorized to be appropriated,
and there are appropriated, from amounts in the Treasury not
already appropriated and in addition to any other amounts
appropriated to carry out this section, the following amounts:
``(A) $600,000,000 for fiscal year 2020.
``(B) $600,000,000 for fiscal year 2021.
``(2) Availability of funds.--Amounts appropriated under
this subsection shall remain available until expended, except
that no sums may be expended after September 30, 2023.''.
SEC. 5. DEFINITION OF QUALIFYING EMERGENCY.
Section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003) is
amended--
(1) by redesignating paragraphs (15) through (24) as
paragraphs (16) through (25), respectively; and
(2) by inserting after paragraph (14) the following:
``(15) Qualifying emergency.--The term `qualifying
emergency' means--
``(A) a public health emergency declared by the
Secretary of Health and Human Services pursuant to
section 319 of the Public Health Service Act (42 U.S.C.
247d);
``(B) an emergency for which a governor of a State
or territory has declared a state of emergency;
``(C) an event for which the President declared a
major disaster or an emergency under section 401 or
501, respectively, of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170 and
5191); or
``(D) a national emergency declared by the
President under section 201 of the National Emergencies
Act (50 U.S.C. 1601 et seq.).''.
SEC. 6. EXCLUSION OF EMERGENCY FINANCIAL AID FROM INCOME.
Section 480(j) of the Higher Education Act of 1965 (20 U.S.C.
1087vv(j)) is amended by adding at the end the following:
``(5) Notwithstanding paragraph (1), emergency financial aid grants
in an amount less than $1,500 provided to a student for unexpected
expenses that are a component of the student's cost of attendance, and
not otherwise considered when the determination of the student's need
is made, shall not be treated as other financial assistance for
purposes of section 471(3).''.
SEC. 7. ADJUSTMENT OF SUBSIDIZED USAGE LIMITS.
Section 484(q)(3) of the Higher Education Act of 1965 (20 U.S.C.
1087e(q)(3)) is amended by adding at the end the following:
``(C) Special rule.--Notwithstanding paragraph (1)
or subparagraph (A), the Secretary may exclude from a
student's period of enrollment any semester, trimester,
quarter, or other appropriate academic period during
which the student was unable to remain enrolled in
school as a result of a qualifying emergency, if the
Secretary is able to administer such policy in a manner
that limits complexity and the burden on the
student.''.
SEC. 8. INSTITUTIONAL REFUND AND FEDERAL STUDENT LOAN FLEXIBILITY.
(a) Waivers; Canceling Loan Obligation; Approved Leave of
Absence.--Section 484B of the Higher Education Act of 1965 (20 U.S.C.
1091b) is amended by adding at the end the following:
``(f) Waiver.--The Secretary may waive the requirement under this
section with respect to an institution, that if a recipient of
assistance under this title withdraws from an institution during a
payment period or period of enrollment in which the recipient began
attendance, the amount of grant or loan assistance (other than
assistance received under part C) be returned to the title IV programs
under this Act, if--
``(1) the recipient of assistance withdraws during a
payment period as a result of a qualifying emergency; and
``(2) the institution requests such a waiver.
``(g) Canceling Loan Obligation.--Notwithstanding any other
provision of this Act, the Secretary shall cancel the obligation to
repay the portion of a loan made under part D for a recipient of
assistance who withdraws from the institution as a result of a
qualifying emergency for the payment period for which a waiver for the
loan is granted under subsection (f).
``(h) Approved Leave of Absence.--Notwithstanding any other
provision of law, for purposes of receiving assistance under this
title, an institution of higher education may, as a result of a
qualifying emergency, provide a student with an approved leave of
absence that does not require the student to return at the same point
in the academic program that the student began the leave of absence.''.
(b) Waivers of Federal Pell Grant Repayment; Waivers of Grant
Assistance Repayment.--Section 484B(b)(2) of the Higher Education Act
of 1965 (20 U.S.C. 1091b(b)(2)) is amended--
(1) in subparagraph (D)--
(A) by striking clause (i) and inserting the
following:
``(i) who were residing in, employed in, or
attending an institution of higher education
that is located in an area in which there
exists a qualifying emergency;''; and
(B) in clause (ii), by inserting ``or emergency''
after ``disaster''; and
(2) in subparagraph (E)--
(A) by striking clause (i) and inserting the
following:
``(i) who were residing in, employed in, or
attending an institution of higher education
that is located in an area in which there
exists a qualifying emergency;''; and
(B) in clause (ii), by inserting ``or emergency''
after ``disaster''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act.
SEC. 9. SATISFACTORY PROGRESS.
Section 484(c) of the Higher Education Act of 1965 (20 U.S.C.
1091(c)) is amended by adding at the end the following:
``(4) In determining whether a student is maintaining satisfactory
progress, an institution of higher education may, as a result of a
qualifying emergency, exclude from the quantitative component of the
calculation any attempted credits that were not completed by such
student without requiring an appeal by such student.''.
SEC. 10. CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS.
(a) Eligible Program Flexibility.--Section 481(b) of the Higher
Education Act of 1965 (20 U.S.C. 1088(b)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) Notwithstanding the restriction in paragraph (3) with
respect to a foreign institution, in the case of a public
health emergency, major disaster or emergency, or national
emergency declared by the applicable government authorities in
the country in which the foreign institution is located, the
Secretary may permit any part of an otherwise eligible program
to be offered via distance education for the duration of such
emergency or disaster and the following payment period.''.
SEC. 11. RESOURCES FOR ADDRESSING CHILD TRAUMATIC STRESS.
(a) Grants for Addressing Child Traumatic Stress.--From funds
available under subsection (c), the Secretary of Health and Human
Services shall award supplemental grants to entities, tribes, and
tribal organizations that, on the date of enactment of this Act, have
an active grant that was awarded to the entity, tribe, or tribal
organization under section 582 of the Public Health Service Act (42
U.S.C. 290hh-1).
(b) Grant Activities.--An entity, tribe, or tribal organization
awarded a grant under this section shall develop and distribute
guidance, training, and other resources for early care and education
programs, families, caregivers, and teachers, principals or other
school leaders, and administrators for addressing challenges related to
a qualifying emergency (as defined in section 2). Such resources
shall--
(1) include--
(A) training and resources for early care and
education programs in what to expect for young
children, management of anxiety (including anxiety for
high-risk populations and those that must be in social
isolation), and effective strategies for communicating
with parents and families in times of stress;
(B) best practices for families for dealing with
loss of routine, identifying early signs of trauma, and
coping with stress;
(C) best practices for families with high-risk
populations (including multigenerational households or
grandparents caring for grandchildren, people with
disabilities or chronic medical conditions, or
households with a pregnant person); and
(D) training and guidance for teachers, principals
or other school leaders, and administrators about the
potential impact of school closures, social isolation,
and other changes of routine for students and staff;
and
(2) be--
(A) electronic and include web-based resources;
(B) culturally competent;
(C) evidence-informed or evidence-based;
(D) accessible;
(E) available in multiple languages; and
(F) trauma-informed.
(c) Appropriation of Funds.--There are authorized to be
appropriated, and there are appropriated, $3,000,000 to award grants
pursuant to subsection (b).
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