[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2817 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2817
To amend the Child Care and Development Block Grant Act of 1990 and the
Head Start Act to promote child care and early learning, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 22, 2021
Mr. Scott of Virginia (for himself, Mr. Sablan, Mrs. Hayes, Ms.
Bonamici, Ms. Wilson of Florida, Mr. Takano, Mr. Castro of Texas, Mrs.
McBath, Mr. Norcross, Mr. Morelle, Ms. Wild, Mr. Courtney, Mr. Bowman,
Mr. DeSaulnier, Ms. Leger Fernandez, Mr. Yarmuth, Ms. Adams, Mr. Mrvan,
Mr. Espaillat, Ms. Stevens, Ms. DeLauro, Ms. Garcia of Texas, Ms. Clark
of Massachusetts, Mr. Meeks, Mr. Smith of Washington, Ms. Lois Frankel
of Florida, Ms. Kaptur, Ms. Meng, Mr. Cicilline, Mr. Raskin, Mr. Cohen,
Ms. Schakowsky, Ms. Speier, Mr. Carbajal, Ms. Bass, Mr. Kilmer, Mr.
Larson of Connecticut, Ms. Brownley, Ms. Titus, Ms. Castor of Florida,
Ms. Jacobs of California, Mr. Larsen of Washington, Ms. Scanlon, Mr.
Evans, Ms. Norton, Mrs. Carolyn B. Maloney of New York, Mr. Carson, Ms.
Lee of California, Mr. Danny K. Davis of Illinois, Ms. Houlahan, Mr.
Tonko, Ms. Tlaib, Ms. Jackson Lee, Ms. Blunt Rochester, Mrs. Lawrence,
Ms. DeGette, Ms. Velazquez, Mr. Lieu, Ms. Roybal-Allard, Mr. Soto, Mr.
Langevin, Ms. Moore of Wisconsin, Ms. Strickland, Mr. Vargas, Mrs.
Watson Coleman, Ms. Pingree, Mr. Auchincloss, Mr. Pascrell, Mr.
DeFazio, Ms. Williams of Georgia, Mr. Mfume, Mrs. Napolitano, Mr.
Kildee, Ms. Underwood, Mr. Blumenauer, Mr. Neguse, Mr. Cartwright, Mr.
Swalwell, Ms. Ross, Ms. Sherrill, Mr. Horsford, Ms. Wasserman Schultz,
and Ms. McCollum) introduced the following bill; which was referred to
the Committee on Education and Labor
_______________________________________________________________________
A BILL
To amend the Child Care and Development Block Grant Act of 1990 and the
Head Start Act to promote child care and early learning, 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 ``Child Care for Working Families
Act''.
TITLE I--CHILD CARE AND DEVELOPMENT ASSISTANCE
SEC. 101. PURPOSES.
Section 658A(b) of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9801 note) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) to ensure that no low- to moderate-income family pays
more than 7 percent of its household income on child care;'';
(2) by striking paragraph (2) and inserting the following:
``(2) to support working parents in making their own
decisions regarding the child care services that best suit
their family's needs;'';
(3) in paragraph (4)--
(A) by striking ``high-quality,'' and inserting
``high-quality and inclusive, and''; and
(B) by inserting ``, as well as before- and after-
school and summer care for school-age children,'' after
``services'';
(4) in paragraph (5), by inserting before the semicolon the
following: ``, and to help child care programs meet evidence-
based or national standards to improve the quality of child
care'';
(5) in paragraph (6)--
(A) by inserting ``, including children with
disabilities and infants and toddlers with
disabilities'' before the semicolon; and
(B) by striking ``and'' at the end;
(6) in paragraph (7)--
(A) by striking ``high-quality'' and inserting
``high-quality and inclusive''; and
(B) by striking the period at the end and inserting
``; and''; and
(7) by adding at the end the following:
``(8) to support the development and improvement of
statewide systems to support the needs of infants and toddlers
with disabilities and children with disabilities, better
coordinate child care and other services, and assist States in
increasing the number of child care providers that provide
high-quality and inclusive care to families of infants and
toddlers with disabilities and families of children with
disabilities.''.
SEC. 102. APPROPRIATIONS.
Section 658B of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858) is amended to read as follows:
``SEC. 658B. APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated and
there are appropriated, out of any money in the Treasury not otherwise
appropriated--
``(1) to carry out this subchapter $20,000,000,000 for
fiscal year 2022, $30,000,000,000 for fiscal year 2023, and
$40,000,000,000 for fiscal year 2024; and
``(2) to carry out this subchapter (other than paragraphs
(1) and (2) of section 658O(a)) such sums as may be necessary
for fiscal year 2025 and each subsequent fiscal year.
``(b) Territories, Indian Tribes.--There are authorized to be
appropriated and there are appropriated, out of any money in the
Treasury not otherwise appropriated to carry out paragraphs (1) and (2)
of section 658O(a) such sums as may be necessary for fiscal year 2025
and each subsequent fiscal year.''.
SEC. 103. ESTABLISHMENT OF PROGRAM.
Section 658C of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858a) is amended to read as follows:
``SEC. 658C. ESTABLISHMENT OF CHILD CARE PROGRAM.
``(a) In General.--The Secretary is authorized to administer a
child care program under which families in eligible States shall be
provided an opportunity to obtain child care for eligible children,
subject to the requirements of this subchapter.
``(b) Assistance for Every Eligible Child.--Beginning on October 1,
2024, every family who applies for assistance under this subchapter
with respect to a child who resides in a State with an approved
application under section 658E and who is determined, by a lead agency
(or other entity designated by a lead agency), to be an eligible child
as defined in section 658P, shall be offered assistance in accordance
with and subject to the requirements and limitations of this
subchapter.''.
SEC. 104. LEAD AGENCY.
Section 658D of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858b) is amended--
(1) in subsection (a), by striking ``a grant'' and
inserting ``payments''; and
(2) in subsection (b)(1)(A), by inserting before the
semicolon the following: ``, including by certifying the
eligibility of children''.
SEC. 105. APPLICATION AND PLAN.
(a) Plan Requirements.--Section 658E(c) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking the matter preceding clause
(i) and inserting the following:
``(A) Supporting working parents.--Support working
parents by providing assurances that--''; and
(ii) by striking clause (i)(II) and
inserting the following:
``(II) to enroll such child with a
child care provider who has received a
child care certificate on behalf of
such parent or parents;'';
(B) in subparagraph (E)--
(i) in clause (i)--
(I) by striking subclause (II) and
inserting the following:
``(II) the State's tiered and
transparent system for measuring the
quality of child care providers,
described in subparagraph (W)(i),
including--
``(aa) a description of the
national standards or other
equally rigorous and evidence-
based standards tied to child
outcomes that the State uses
for purposes of subparagraph
(W)(i)(II)(aa);
``(bb) the payment rates
referred to in paragraph (4),
for providers at each tier of
such system; and
``(cc) the number and
percentage of eligible
providers at each tier of such
system, in total and
disaggregated by geographic
location, by provider race and
ethnicity, and by the race and
ethnicity of the children
served, unless the
disaggregation involved would
reveal personally identifiable
information about an individual
provider or child;'';
(II) in subclause (IV), by
inserting ``the program carried out
under title II of the Child Care for
Working Families Act,'' after ``9831 et
seq.),'';
(III) in subclause (VI), by
inserting ``(including for families who
speak languages other than English)''
after ``family engagement''; and
(IV) in subclause (VII), by
striking ``and'' at the end;
(ii) in clause (ii), by striking the period
at the end and inserting a semicolon; and
(iii) by adding at the end the following:
``(iii) information about the State's wage
ladder described in subparagraph (G)(iii); and
``(iv) information on opportunities for
staff of child care providers to improve their
skills and credentials, including information
about training opportunities and professional
organizations that provide such training.'';
(C) in subparagraph (G)--
(i) in clause (i), by striking ``and
professional development requirements'' and
inserting ``, professional development, and
compensation requirements'';
(ii) in clause (ii)(V)--
(I) by redesignating item (dd) as
item (ee);
(II) in item (cc), by striking
``and''; and
(III) by inserting after item (cc)
the following:
``(dd) infants and toddlers
with disabilities; and'';
(iii) by redesignating clauses (iii) and
(iv) as clauses (v) and (vi), respectively; and
(iv) by inserting after clause (ii) the
following:
``(iii) Compensation.--The plan shall
provide a description of the State's wage
ladder for staff of eligible child care
providers, and an assurance that wages for such
staff will, at a minimum, meet the requirements
of paragraph (4)(B)(iii)(II).
``(iv) Stakeholder engagement.--The plan
shall demonstrate how the State will facilitate
participation of staff of eligible child care
providers in organizations that foster the
professional development and stakeholder
engagement of the child care workforce.'';
(D) in subparagraph (I), by striking clause (ii)
and inserting the following:
``(ii) may include other requirements, such
as--
``(I) requirements relating to
nutrition, access to physical activity,
or any other subject area determined by
the State to be necessary to promote
child development or to protect
children's health and safety; and
``(II) a requirement to comply with
the standards recommended in the
Department of Health and Human
Services' report entitled `Caring for
our Children Basics: Health and Safety
Foundations for Early Care and
Education' issued on June 25, 2015.'';
(E) in subparagraph (K)(i), in the matter preceding
subclause (I), by striking ``, not later than 2 years
after the date of enactment of the Child Care and
Development Block Grant Act of 2014,'';
(F) in subparagraph (M)--
(i) by adding ``investment of quality child
care amounts described in section 658G(a)(1),''
after ``parents,'';
(ii) by redesignating clause (iv) as clause
(vi);
(iii) in clause (iii), by striking ``, as
defined by the State; and'' and inserting a
semicolon; and
(iv) by inserting after clause (iii) the
following:
``(iv) infants and toddlers with
disabilities;
``(v) children who are dual language
learners; and'';
(G) in subparagraph (N)--
(i) in the subparagraph heading, by adding
at the end the following ``and continuity of
care'';
(ii) in clause (i)--
(I) in subclause (I), by striking
``child's parent'' and all that follows
and inserting ``child's parent as
participating in an eligible activity
(as defined in section 658P), a change
in family income for the child's
family, or a change in custody or
guardianship of the child.''; and
(II) by adding at the end the
following:
``(III) Longer-term period.--The
plan shall demonstrate that each child
who, on the date the child is
determined to be an eligible child, is
a child in foster care or a homeless
child, and who receives assistance
under this subchapter prior to reaching
the age of compulsory school
attendance, shall remain eligible for
such assistance and shall receive such
assistance, if so desired by the
child's family, until such child
reaches the age of compulsory school
attendance.'';
(iii) in clause (ii), by striking
``(especially parents in families receiving
assistance under the program of block grants to
States for temporary assistance for needy
families under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.))'';
(iv) in clause (iii)--
(I) by striking ``At the option of
the State, the'' and inserting ``The'';
(II) by striking ``of attendance at
a job training or educational program''
and inserting ``of participation in an
eligible activity (as defined in
section 658P)''; and
(III) by striking ``resume
attendance at a job training or
educational program'' and inserting
``resume participation in an eligible
activity (as so defined)''; and
(v) by striking clause (iv);
(H) in subparagraph (O)--
(i) in clause (i), by striking ``with
programs operating'' and all that follows and
inserting ``with programs, operating at the
Federal, State, and local levels for children,
that are--
``(I) preschool programs, programs
funded under title II of the Child Care
for Working Families Act, programs
funded under the Head Start Act (42
U.S.C. 9831 et seq.), tribal early
childhood programs, and other early
childhood programs, including those
serving infants and toddlers with
disabilities or children with
disabilities;
``(II) programs serving homeless
children and children in foster care;
and
``(III) programs funded under the
Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.).'';
(ii) by striking clause (ii); and
(iii) by redesignating clause (iii) as
clause (ii);
(I) in subparagraph (Q)--
(i) by striking ``low-income populations''
and inserting ``children in underserved areas,
children with disabilities, and infants and
toddlers with disabilities''; and
(ii) by striking ``The plan'' and all that
follow and inserting ``The plan shall describe
the process the State proposes to use, with
respect to investments made to increase access
to programs providing high-quality and
inclusive child care and development services,
to give priority for those investments to areas
that have significant concentrations of poverty
and unemployment and that do not have such
services, and to areas that do not have such
services for children with disabilities and
infants and toddlers with disabilities.'';
(J) in subparagraph (R), by inserting ``and a group
of parents who use a variety of child care services
that reflects the variety of child care services
provided in the State'' before the period;
(K) by striking subparagraph (S) and inserting the
following:
``(S) Prohibition on suspensions, expulsions, and
aversive behavioral interventions.--The plan shall
provide an assurance that the State will provide
assistance to carry out this subchapter only to
eligible child care providers that prohibit--
``(i) the use of suspension and expulsion
of children; and
``(ii) the use of aversive behavioral
interventions.'';
(L) in subparagraph (T)--
(i) in clause (i)--
(I) in the matter preceding
subclause (I), by striking ``(or
develop such guidelines if the State
does not have such guidelines as of the
date of enactment of the Child Care and
Development Block Grant Act of 2014)'';
and
(II) in subclause (I), by striking
``research-based'' and inserting
``evidence-based''; and
(ii) in clause (iv)--
(I) by striking subclauses (II) and
(III);
(II) by striking ``Federal
Government'' and all that follows
through ``mandate'' and inserting
``Federal Government to mandate''; and
(III) by striking ``section;'' and
inserting ``section.'';
(M) in subparagraph (U)--
(i) in clause (i)--
(I) by striking ``or a major'' and
inserting ``, a major''; and
(II) by inserting before the period
the following ``, or a public health
emergency declared under section 319 of
the Public Health Service Act (42
U.S.C. 247d)'';
(ii) in clause (ii), by inserting ``the
State's lead agency established or designated
under section 635(a)(10) of the Individuals
with Disabilities Education Act (20 U.S.C.
1435(a)(10)),'' after ``the State resource and
referral system,''; and
(iii) in clause (iii)(I), by inserting
``infants and toddlers with disabilities,''
after ``children with disabilities,''; and
(N) by adding at the end the following:
``(W) Tiered and transparent system for measuring
the quality of child care providers.--The plan shall
describe how the State will develop or revise with
input (from early childhood education and development
experts, from a diverse group of child care providers
working in a variety of child care settings, from
families, and from organizations representing child
care directors, teachers, and other staff), within 3
years after the date of submission of the State
application, systems for measuring the quality of
eligible child care providers who provide services for
which assistance is made available under this
subchapter, that are inclusive and appropriate for
child care providers and that consist of--
``(i) a tiered and transparent system for
measuring the quality of eligible child care
providers who serve eligible children, that--
``(I) applies to eligible child
care providers (except providers of
family, friend, or neighbor care that
elect to be covered under clause (ii));
``(II) includes a set of standards,
for determining the tier of quality of
a child care provider, that--
``(aa) uses the degree to
which the provider meets
national standards (which may
be Head Start program
performance standards described
in section 641A(a) of the Head
Start Act (42 U.S.C. 9836a(a))
or standards for national
accreditation of early learning
programs) or other equally
rigorous and evidence-based
standards that are tied to
child outcomes; and
``(bb) includes indicators
that are appropriate for
different types of providers,
including child care centers
and family child care
providers, and are appropriate
for providers serving different
age groups (including mixed age
groups) of children, while
maintaining a high level of
quality child care by all of
the different types of
providers and for all of the
different age groups (including
mixed age groups);
``(III) includes a different set of
standards that includes different
indicators, to be applied, when
appropriate, for care during
nontraditional hours of operation; and
``(IV) in conjunction with the
increasing payment rates under
paragraph (4) (increasing due to
factors specified in paragraph (4) such
as the cost estimation model and
quality basis for payment rates),
provides for sufficient resources to
enable standards at the entry tier for
such system to increase in rigor over
time; and
``(ii) a separate system of quality
standards for providers concerning
developmentally appropriate and age-appropriate
care that--
``(I) applies to eligible child
care providers of family, friend, or
neighbor care (except such providers
that elect to be covered under clause
(i)); and
``(II) includes standards for care
during nontraditional hours of
operation and traditional hours of
operation.
``(X) Prohibition on charging more than
copayment.--The plan shall provide that, after the
systems described in subparagraph (W) are in effect,
child care providers receiving financial assistance
under this subchapter may not charge the family of an
eligible child more than the total of--
``(i) the financial assistance provided to
the family under this subchapter; and
``(ii) any applicable copayment pursuant to
paragraph (5).
``(Y) Policies to support children with
disabilities and infants and toddlers with
disabilities.--The plan shall provide a description
of--
``(i) how the State will ensure that
eligible child care providers, except for
providers of family, friend, or neighbor care
that elect to be covered under subparagraph
(W)(ii), will prioritize children with
disabilities and infants and toddlers with
disabilities for slots in programs carried out
by the providers; and
``(ii) how the State will work with the
State's lead agency established or designated
under section 635(a)(10) of the Individuals
with Disabilities Education Act (20 U.S.C.
1435(a)(10)), local educational agencies, and
early intervention services providers to
provide services and supports described in the
Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) in inclusive child care
settings to children with disabilities, and to
infants and toddlers with disabilities, who are
eligible children.
``(Z) Child care equity review.--The plan shall
provide a description of how the State used the results
of the child care equity review required under section
658K to inform the distribution of funds under this
subchapter, including funds distributed under section
658G, in an effort to improve equitable access to high-
quality inclusive child care for children in the State.
``(AA) Policies to support children who are dual
language learners.--The plan shall provide a
description of how the State will ensure that eligible
child care providers will support children who are dual
language learners, and their families, enrolled in
programs carried out by the providers, including how
the State will support child care providers to, to the
greatest extent possible, identify each child's home
language through a home language survey, engage with
the families in a culturally responsive manner, provide
materials and information in a format and language that
is accessible to parents, and recognize the child's
home language as an asset and support language
development in the child's home language.
``(BB) Availability of information.--The plan shall
describe how the lead agency intends to make
information that is publicly available about the
State's child care program and policies, in particular
the information referred to in subparagraphs (E), (I),
and (T), available in formats accessible to parents and
child care providers in the State, which shall include
making such information available in the languages most
commonly spoken in the State to the greatest extent
possible within 5 years after the date of enactment of
the Child Care for Working Families Act.
``(CC) Enrollment practices.--The plan shall
describe how the lead agency will ensure that families
have access to a low-barrier enrollment (including re-
enrollment) process that is accessible to families with
diverse characteristics, including families with adults
or children with disabilities or infants and toddlers
with disabilities, homeless families, families with
limited access to Internet connectivity, families
living in rural areas, and families of dual language
learners, by implementing activities such as allowing
for simplified enrollment for siblings, coordinating
with other State agencies to streamline enrollment
processes across public assistance programs, requiring
minimal paperwork, allowing for enrollment through a
State or local Web site, and providing flexible
submission deadlines.'';
(2) by striking paragraph (3) and inserting the following:
``(3) Use of funds.--The State shall use amounts provided
to the State for each fiscal year under this subchapter for
child care services, provided on a sliding fee scale basis, the
activities described in section 658G, and State
administration.'';
(3) by striking paragraphs (4) and (5) and inserting the
following:
``(4) Payment rates.--
``(A) In general.--The State plan shall--
``(i) certify that payment rates for the
provision of child care services for which
assistance is provided in accordance with this
subchapter--
``(I) will be based on a cost
estimation model that is described in
subparagraph (B) and is approved by the
Secretary of Health and Human Services;
and
``(II) will correspond to
differences in quality based on the
State's tiered and transparent system
for measuring the quality of child care
providers, described in paragraph
(2)(W)(i), and based on the standards
described in paragraph (2)(W)(ii); and
``(ii) specify whether the State is
electing--
``(I) to include, in those payment
rates, a bonus for serving children
during nontraditional hours or children
(including infants and toddlers)
described in paragraph (2)(M); or
``(II) to waive the copayment
described in paragraph (5) for a child
who has been identified as eligible for
assistance from child protective
services.
``(B) Cost estimation model.--The State plan
shall--
``(i) demonstrate that the State has, after
consulting with the entities and individuals
described in subparagraph (D), developed and
used (not earlier than 3 years before the date
of the submission of the application containing
the State plan) a statistically valid and
reliable cost estimation model for the rates of
such child care services in the State--
``(I) for providers at each of the
tiers of the State's tiered and
transparent system for measuring the
quality of child care providers
described in paragraph (2)(W)(i) (which
rates reflect variations in the cost of
child care services by geographic area,
type of provider, and age of child, and
the additional costs associated with
providing high-quality and inclusive
child care services for children with
disabilities and infants and toddlers
with disabilities); and
``(II) for providers that meet the
standards described in paragraph
(2)(W)(ii);
``(ii) demonstrate that the State--
``(I) prepared a detailed report
containing the child care costs
estimated with the State cost
estimation model pursuant to clause
(i), which report shall include an
explanation detailing how the wage
requirements described in clause
(iii)(II) were applied in the
estimation of such costs; and
``(II) made the estimated costs
widely available (not later than 30
days after the completion of the
estimation) through periodic means,
including posting the estimated costs
on the Internet;
``(iii) describe how the State will set
payment rates for child care services, for
which assistance is provided in accordance with
this subchapter--
``(I) in accordance with the most
recent estimates from the most recent
cost estimation model used pursuant to
clause (i), so that providers at each
tier of the tiered and transparent
system for measuring program quality
receive payment that is not less than
the cost of meeting the requirements of
such tier; and
``(II) that maintain an effective
and diverse workforce by ensuring wages
for staff of child care providers
that--
``(aa) are comparable to
wages for elementary educators
with similar credentials and
experience in the State; and
``(bb) at a minimum,
provide a living wage for all
staff of child care providers;
and
``(iv) describe how the State will provide
for timely payment for child care services
provided under this subchapter.
``(C) Payment practices.--The State plan shall
include--
``(i) a certification that the payment
practices of child care providers in the State
that serve children who receive assistance
under this subchapter reflect generally
accepted payment practices of child care
providers in the State that serve children who
do not receive assistance under this
subchapter, including the practice of paying
the providers the payment rate described in
subparagraph (A)(i) based on the number of
children enrolled and not the number of
children in daily attendance, so as to provide
stability of funding and encourage more child
care providers to serve children who receive
assistance under this subchapter;
``(ii) an assurance that the State will
implement enrollment and eligibility policies
that support the fixed costs of providing child
care services by delinking provider payment
rates from an eligible child's occasional
absences due to holidays or unforeseen
circumstances such as illness; and
``(iii) a description of how the State will
use direct contracts or grants to support the
stability of child care providers in the State,
and to increase the supply and improve the
quality of child care services in the State as
required under paragraph (2)(M).
``(D) Entities and individuals consulted.--The
entities and individuals referred to in subparagraph
(B)(i) are the State Advisory Council on Early
Childhood Education and Care designated or established
in section 642B(b)(1)(A)(i) of the Head Start Act (42
U.S.C. 9837b(b)(1)(A)(i)) (including State Head Start
collaboration office directors), administrators of
local child care programs and Head Start programs,
organizations representing child care directors,
teachers, and other staff, local child care resource
and referral agencies, organizations representing
parents of children with disabilities and parents of
infants and toddlers with disabilities, the State
interagency coordinating council established under
section 641 of the Individuals with Disabilities
Education Act (20 U.S.C. 1441), the State advisory
panel established under section 612(a)(21) of the
Individuals with Disabilities Education Act (20 U.S.C.
1412(a)(21)), and other appropriate entities.
``(5) Sliding scale for copayments.--
``(A) In general.--Except as provided in
subparagraphs (B)(i) and (C), the State plan shall
provide an assurance that the State will require--
``(i) a family receiving assistance under
this subchapter to pay a full copayment
referred to in subparagraph (B) (or, for a
family receiving part-time care, a reduced
copayment that is the proportionate amount of
the full copayment); or
``(ii) another entity to pay the copayment
(full or reduced) on behalf of the family,
voluntarily or in accordance with Federal law.
``(B) Sliding scale.--Such full copayment shall be
based on a sliding scale that provides that, for a
family with a family income--
``(i) of not more than 75 percent of State
median income for a family of the same size,
the family shall not pay a copayment, toward
the cost of the child care involved for all
eligible children in the family;
``(ii) of more than 75 percent but not more
than 100 percent of State median income for a
family of the same size, the copayment shall be
more than 0 but not more than 2 percent of that
family income, toward such cost for all such
children;
``(iii) of more than 100 percent but not
more than 125 percent of State median income
for a family of the same size, the copayment
shall be more than 2 but not more than 4
percent of that family income, toward such cost
for all such children; and
``(iv) of more than 125 percent but not
more than 150 percent of State median income
for a family of the same size, the copayment
shall be more than 4 but not more than 7
percent of that family income, toward such cost
for all such children.
``(C) Special rule.--The State shall not require a
family with a child that is eligible for a Head Start
program under the Head Start Act (42 U.S.C. 9831 et
seq.) to pay a copayment under this paragraph for any
eligible child in the family.
``(D) Information.--The State shall make publicly
available and accessible, including on the State's
internet Web site, the income ranges in dollar amounts
that correspond to each of the income categories
described in clauses (ii), (iii), and (iv) of
subparagraph (B) and the copayments required from
families in each such category, by family size.''.
(b) Report.--Section 658E of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858c) is amended by adding at the end the
following:
``(e) Report.--The lead agency shall submit to the Secretary within
40 months after the date of submission of the application described in
subsection (a) a report outlining the process by which the lead agency
developed or revised the State's systems for measuring the quality of
eligible child care providers who provide services for which assistance
is made available under this subchapter. The report shall include a
discussion of the stakeholders, including early childhood education and
development experts, child care providers working in a variety of child
care settings, families, and organizations representing child care
directors, teachers, and other staff, from whom the lead agency sought
input during this process as required under subsection (c)(2)(W).''.
SEC. 106. LIMITATIONS.
Section 658F of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858d) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 658F. LIMITATIONS.'';
(2) in subsection (a), by striking ``or recipient of a
child care certificate''; and
(3) in subsection (b)(1), by striking ``section
658O(c)(6)'' and inserting ``section 658O(b)(5)''.
SEC. 107. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.
Section 658G of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9848e) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``A State'' and
all that follows through ``for activities'' and
inserting ``A State that receives a payment under
section 658J shall reserve and use the quality child
care amount described in paragraph (2) for
activities'';
(i) by adding ``for all age groups of
eligible children'' before ``, and is in
alignment with''; and
(B) by striking paragraphs (2) and (3) and
inserting the following:
``(2) Quality child care amount.--Such State shall reserve
and use--
``(A) during fiscal years 2022 through 2024, from
the payment made to the State for a fiscal year, a
quality child care amount equal to 50 percent of the
State allotment under section 658O; and
``(B) during fiscal year 2025 and each subsequent
fiscal year, from the total of the quarterly payments
made to the State for a particular fiscal year, a
quality child care amount equal to not more than 10
percent of the amount made available to the State to
carry out this subchapter for that particular fiscal
year (and shall reserve and use a proportional amount,
from each quarterly payment made to the State for that
particular fiscal year).''; and
(2) by striking subsection (b) and inserting the following:
``(b) Activities.--
``(1) In general.--Quality child care amounts reserved
under subsection (a) shall be used to carry out activities
that--
``(A) consist of--
``(i) the activities described in paragraph
(2);
``(ii) the activities described in
subparagraphs (A) and (B) of paragraph (3), and
the activities described in paragraph (3)(C)
under the circumstances described in that
paragraph;
``(iii) the activities described in
paragraph (4);
``(iv) at the election of the State, the
activities described in paragraph (5);
``(v) one or more of the activities
described in a subparagraph of paragraph (6);
``(vi) one or more of the activities
described in paragraph (7);
``(vii) the activities described in
paragraph (8);
``(viii) one or more activities described
in a subparagraph of paragraph (9);
``(ix) at the election of the State,
remodeling, renovation, or repair permitted
under section 658F(b); and
``(x) at the election of the State during
fiscal years 2022 through 2024, notwithstanding
section 658F(b), construction, permanent
improvement, or major renovation, with priority
for funding for such activities given to
underserved communities and underserved
populations as identified--
``(I) in the Statewide assessment
of the State's needs under subsection
(a);
``(II) in the child care equity
review described in section
658E(c)(2)(Z); and
``(III) as applicable, in the
statewide needs assessment conducted
under section 9212(f) of the Every
Student Succeeds Act (20 U.S.C. 9831
note); and
``(B) will improve the quality of child care
services provided in the State.
``(2) Supply building activities.--
``(A) In general.--The State shall use quality
child care amounts to implement activities that
increase the supply of eligible child care providers,
and the number of available slots in the State for
child care assisted under this subchapter, in
underserved communities and for underserved populations
identified as described in paragraph (1)(A)(x).
``(B) Administration.--Assistance provided under
this paragraph may be administered by local or regional
child care resource and referral organizations,
community development financial institutions, or other
entities with which the State has contracted in the
past.
``(C) Activities.--Activities funded under this
paragraph shall include each of the following:
``(i) Startup grants and supply expansion
grants.--The State shall make grants to child
care providers, with priority for providers
seeking to provide child care in underserved
communities and for underserved populations
described in subparagraph (A), to support
providers in paying for startup costs and
assist providers in meeting health and safety
requirements and achieving licensure, which may
include conducting remodeling, renovation, or
repair permitted under section 658F(b). For
fiscal years 2022 through 2024, such grants may
also be used for construction, permanent
improvement, or major renovation, as allowable
under paragraph (1)(A)(x), of a building or
facility. The State shall ensure that all
providers that receive funding provided under
this paragraph participate, in a timely manner,
the State's tiered and transparent system for
measuring the quality of eligible child care
providers described in section
658E(c)(2)(W)(i).
``(ii) Technical assistance.--The State
shall provide technical assistance to increase
the supply of eligible child care providers in
the State, such as providing business startup
support, conducting outreach to recruit new
child care providers, providing support to
enable providers to achieve licensure
(including providing support, for child care
providers operating legally without a child
care license, to obtain such license), offering
orientations for new child care providers, and
supporting the development of shared services
models for child care programs.
``(3) Quality improvement grants.--A State shall use
quality child care amounts to improve the quality of child care
providers across the State that are eligible for assistance
under this subchapter and to support child care providers in
meeting the requirements for the highest tier of the system
described in section 658E(c)(2)(W)(i), including by--
``(A)(i) making quality startup grants (including,
in the case of providers of family, friend, or neighbor
care, grants for activities described in paragraph
(8)(H)) to child care providers that are not yet
participating in the tiered and transparent system for
measuring the quality of child care providers described
in section 658E(c)(2)(W)(i), in a fiscal year, and that
commit to improve quality so that the provider involved
can participate in that system in the subsequent fiscal
year; and
``(ii) in making those grants, by giving priority
for funding to underserved communities and for
underserved populations identified as described in
paragraph (1)(A)(x);
``(B) making quality improvement grants to child
care providers that meet the requirements for a tier of
the State tiered and transparent system for measuring
the quality of child care providers described in
section 658E(c)(2)(W)(i), in a fiscal year, and that
commit to improve quality so that the provider involved
can meet the requirements for a higher tier in the
subsequent 3 fiscal years; and
``(C) renewing a grant described in subparagraph
(A) or (B) at the end of the applicable grant period,
for a provider that demonstrates sufficient progress in
meeting the goals for the grant.
``(4) Activities to assist homeless children and children
in foster care.--A State shall use quality child care amounts
for activities that improve access to child care services for
homeless children and children in foster care, including--
``(A) the use of procedures to permit immediate
enrollment of homeless children and children in foster
care while required documentation is obtained;
``(B) training and technical assistance on
identifying and serving homeless children and their
families, and children in foster care and their foster
families; and
``(C) specific outreach to homeless families and
foster families.
``(5) Child care resource and referral system.--
``(A) In general.--A State may use quality child
care amounts to establish or support a system of local
or regional child care resource and referral
organizations that is coordinated, to the extent
determined appropriate by the State, by a statewide
public or private nonprofit, community-based or
regionally based, lead child care resource and referral
organization.
``(B) Local or regional organizations.--The local
or regional child care resource and referral
organizations supported as described in subparagraph
(A) shall--
``(i) provide parents in the State with
consumer education information referred to in
section 658E(c)(2)(E) (except as otherwise
provided in that section), concerning the full
range of child care and early childhood
education options (including faith-based child
care providers, Head Start agencies (including
Early Head Start agencies), and community-based
child care providers), analyzed by child care
provider, including child care provided during
nontraditional hours, child care provided
through dual language child care programs,
child care provided through emergency child
care centers, and inclusive child care options
for children with disabilities and infants and
toddlers with disabilities, in their political
subdivisions or regions in formats and
languages accessible to all parents in such
political subdivisions or regions, including
parents of dual language learners;
``(ii) to the extent practicable, work
directly with families who receive assistance
under this subchapter to offer the families
support and assistance, using information
described in clause (i) in conjunction with
available data on parent satisfaction and
provider training and experience, to make an
informed decision about which child care
providers they will use, in an effort to ensure
that the families are enrolling their children
in the most appropriate child care setting to
suit their needs and one that provides high-
quality and inclusive care, which may include
providing information and data through family
navigators who can help parents make such
decisions;
``(iii) collect data and provide
information on the coordination of services and
supports, including services provided under
section 619 and part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419,
1431 et seq.), for children with disabilities
and infants and toddlers with disabilities, and
services provided under the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.);
``(iv) collect data (and, where
appropriate, enable real time collection of
data) and provide information on the supply of
and demand for child care services, by age of
child to the extent practicable, in political
subdivisions or regions within the State and
submit such information to the State;
``(v) to the extent practicable, make data
and information described in subclause (iv)
available to parents through online referral
registry services provided by the child care
resource and referral organizations or other
nonprofit entities in the State;
``(vi) work to establish partnerships with
public agencies and private entities, including
faith-based child care providers, Head Start
agencies (including Early Head Start agencies),
and community-based child care providers, and
incorporate the effective use of data and
technology to increase the supply and quality
of child care services in the State;
``(vii) as appropriate, coordinate their
activities with the activities of the State
lead agency and local agencies that administer
funds made available in accordance with this
subchapter; and
``(viii) work to establish partnerships
with the parent resource centers established
under section 672 of the Individuals with
Disabilities Education Act (20 U.S.C. 1472) to
provide information about inclusive child care
options for children with disabilities and
infants and toddlers with disabilities,
including children with more significant
disabilities and children with complex medical
needs.
``(6) Training and professional development.--A State shall
use quality child care amounts for supporting training and
professional development that is culturally and linguistically
appropriate for the child care workforce, and individuals
working in Head Start programs (including Early Head Start
programs), through activities such as those included under
section 658E(c)(2)(G), in addition to at least one activity
consisting of--
``(A)(i) offering training, coaching, or
professional development opportunities for child care
providers that relate to the use of evidence-based,
developmentally appropriate and age-appropriate
strategies to promote the social, emotional, physical,
adaptive, communication, and cognitive development of
children, including key programmatic strategies; and
``(ii) offering specialized training for child care
providers caring for those populations prioritized in
section 658E(c)(2)(Q), homeless children, children in
foster care, children who are dual language learners,
and children with disabilities and infants and toddlers
with disabilities;
``(B) incorporating the effective use of data to
guide program improvement;
``(C) implementing effective behavior management
strategies (and related training), including
implementing multitiered systems of support such as
support through positive behavior interventions and
supports, and trauma informed care, that--
``(i) promote positive social and emotional
development;
``(ii) prevent and reduce challenging
behaviors, including by setting consistent
expectations for all students; and
``(iii) eliminate suspensions, expulsions,
and aversive behavioral interventions;
``(D) providing training and outreach on engaging
parents and families in culturally and linguistically
appropriate ways, including for parents and families of
dual language learners, to expand their knowledge,
skills, and capacity to become meaningful partners in
supporting their children's positive development;
``(E) providing training corresponding to the
nutritional and physical activity needs of children to
promote healthy development;
``(F) providing training or professional
development for child care providers regarding the
early neurological development of children;
``(G) connecting staff members of child care
providers with available Federal and State financial
aid, or other resources, that would assist the staff
members in pursuing relevant postsecondary training;
``(H) creating or expanding a statewide scholarship
program for child care providers to obtain credentials
related to child care;
``(I) creating or expanding an apprenticeship
program registered 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.), for
child care providers in the early years of providing
child care;
``(J) providing training, scholarship
opportunities, or apprenticeships for multilingual
adults in order to expand the supply of high-quality,
dual language child care programs;
``(K) supporting articulation agreements between
public institutions of higher education that offer 2-
year programs and public institutions of higher
education that offer 4-year programs, for the purposes
of facilitating, for child care providers or
individuals seeking to become such providers, the
transfer of postsecondary credits for coursework
related to child care from such institutions with 2-
year programs to such institutions with 4-year
programs;
``(L) providing training and professional
development on child developmental milestones and
evidence-based developmental screening practices that
help identify infants, toddlers, and children to be
referred for evaluation concerning eligibility for
services under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.);
``(M) undertaking efforts to improve the diversity
of staff of eligible providers, including efforts to
recruit a more diverse workforce;
``(N) providing training and professional
development related to the impact of trauma on social-
emotional development and to implementing best
practices in trauma-informed care;
``(O) providing access to trained early childhood
mental health consultants to help child care providers
and other program management personnel implement mental
health promotion and prevention strategies; or
``(P) developing and providing professional
development on competencies for early childhood
educators, including specialized competencies for
educators serving infants and toddlers.
``(7) Programs and services for infants and toddlers.--A
State shall use quality child care amounts to promote and
expand child care providers' ability to provide developmentally
appropriate services for infants and toddlers through
activities that shall include at least one activity consisting
of--
``(A)(i) training and professional development; and
``(ii) coaching and technical assistance on this
age group's unique needs from statewide networks of
qualified infant-toddler specialists;
``(B) improving infant and toddler components
within the State's tiered and transparent system for
measuring the quality of child care providers described
in section 658E(c)(2)(W)(i), for child care providers
for infants and toddlers, or developing infant and
toddler components in a State's child care licensing
regulations or early learning and development
guidelines;
``(C) improving the ability of parents to access
transparent and easy to understand consumer information
about high-quality and inclusive care for infants and
toddlers;
``(D) providing supports to implement or sustain
partnerships with Early Head Start agencies;
``(E) carrying out other activities determined by
the State to improve the quality of infant and toddler
care provided in the State, and for which there is
evidence that the activities will lead to improved
infant and toddler health and safety, infant and
toddler cognitive and physical development, infant and
toddler well-being, or infant and toddler social and
emotional development, including providing health and
safety training (including training in safe sleep
practices, first aid, and cardiopulmonary
resuscitation) for providers and caregivers; or
``(F) carrying out other activities to promote and
expand child care providers' ability to provide
developmentally appropriate services for infants and
toddlers.
``(8) Inclusive care for children with disabilities and
infants and toddlers with disabilities.--A State shall use
quality child care amounts for activities to improve the supply
of eligible child care providers that provide high-quality and
inclusive care for children with disabilities and infants and
toddlers with disabilities through activities, which shall
include--
``(A) offering training, professional development,
or coaching opportunities for child care providers that
relate to the use of evidence-based, developmentally
appropriate, and age-appropriate strategies in
inclusive settings to promote the social, emotional,
physical, adaptive, communication, and cognitive
development of children with disabilities and infants
and toddlers with disabilities, and their peers;
``(B) improving the ability of parents to access
transparent and easy-to-understand consumer information
about high-quality and inclusive care for children with
disabilities and infants and toddlers with
disabilities;
``(C) promoting and expanding child care providers'
ability to provide developmentally appropriate services
for infants and toddlers with disabilities through
improved coordination of systems, services, and other
activities with the providers and individuals who
provide services or supports under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.);
and
``(D) specific outreach to families with--
``(i) parents with disabilities (as defined
in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102));
``(ii) children with disabilities; and
``(iii) infants and toddlers with
disabilities.
``(9) Other activities.--A State shall use quality child
care amounts for at least one activity consisting of--
``(A) improving upon the development or
implementation of the early learning and developmental
guidelines described in section 658E(c)(2)(T) by
providing technical assistance to eligible child care
providers that enhances the cognitive, physical,
social, and emotional development, including early
childhood development, of participating preschool and
school-aged children and supports their overall well-
being;
``(B) developing, implementing, or enhancing the
State's tiered and transparent system for measuring the
quality of child care providers, as described in
section 658E(c)(2)(W)(i);
``(C) facilitating compliance with State
requirements for inspection, monitoring, training, and
health and safety, and with State licensing standards;
``(D) evaluating and assessing the quality and
effectiveness of child care programs (taking into
account whether such programs also provide services
funded under the Head Start Act) and services offered
in the State, including evaluating how such programs
positively impact children;
``(E) supporting child care providers in the
voluntary pursuit of accreditation by a national
accrediting body with demonstrated, valid, and reliable
program standards of high quality;
``(F) supporting State or local efforts to develop
or adopt high-quality program standards relating to
health, mental health, social and emotional
development, nutrition, physical activity, and physical
development;
``(G) activities that improve the availability of
child care services, activities that improve access to
child care services, and any other activity that the
State determines to be appropriate to meet the purposes
of this subchapter, with priority being given for
services (including giving priority access to services
through providers at the highest tier of the system
described in section 658E(c)(2)(W)(i)) to homeless
children, children in foster care, children of families
with very low family incomes (taking into consideration
family size), children who are dual language learners,
children with disabilities, and infants and toddlers
with disabilities;
``(H) supporting State or local efforts to expand
Early Head Start-Child Care Partnerships;
``(I) activities to improve the quality of
providers of family, friend, or neighbor care, which
may include--
``(i) establishing or expanding the
operation of community- or neighborhood-based
family, friend, or neighbor care networks,
which may include networks that support the
implementation of shared services models;
``(ii) offering education, training,
business development, apprenticeship,
mentoring, or leadership development
opportunities for the providers;
``(iii) conducting home visits and coaching
that provide one-on-one advice and support;
``(iv) conducting play and learn sessions
or other types of peer networking;
``(v) facilitating participation in the
program carried out under this subchapter or
the child and adult care food program
established under section 17 of the Richard B.
Russell National School Lunch Act (42 U.S.C.
1766);
``(vi) assistance in achieving licensure,
if the provider wants to become licensed;
``(vii) recruiting providers of family,
friend, or neighbor care to build the supply of
high-quality and inclusive care by such
providers;
``(viii) recruiting providers of family,
friend, or neighbor care to become eligible
child care providers providing child care
services under this subchapter, to build the
supply of high-quality and inclusive care by
providers of family, friend, or neighbor care;
and
``(ix) providing training on effective
instruction for children of diverse backgrounds
and children with disabilities, infants and
toddlers with disabilities, and children who
are dual language learners;
``(J)(i) supporting eligible child care providers
to eliminate suspensions, expulsions, and aversive
behavioral interventions, including through adaptations
and interventions by special educators, mental health
consultants, and other community resources, such as
behavior coaches, psychologists, and other appropriate
specialists; and
``(ii) promoting multitiered systems of support
such as positive behavioral interventions and supports
and trauma informed care that promote positive social
and emotional development and reduce challenging
behaviors;
``(K) activities to improve the supply and quality
of child care programs and services to provide high-
quality and inclusive care for school-age children,
which may include--
``(i) establishing or expanding high-
quality and inclusive school-age child care
standards and a system of supports for such
care that align with best practices for before-
and after-school care and summer care;
``(ii) enhancing professional development
and technical assistance opportunities for
providers of school-age care; and
``(iii) improving the ability of parents to
access transparent and easy to understand
consumer information about high-quality and
inclusive school-age care;
``(L) establishing or expanding high-quality and
inclusive community- or neighborhood-based family and
child development centers, which shall serve as
resources for child care providers in order to improve
the quality of early childhood services provided to
children from low-income families and to help eligible
child care providers improve their capacity to offer
high-quality and inclusive, age-appropriate care;
``(M) activities that promote simple and
streamlined enrollment, in high-quality and inclusive
child care services, including child care services
provided under this subchapter, that is accessible to
diverse types of families, which may include activities
that establish or improve systems that also allow
families to enroll in early childhood care and
education services or public assistance programs
available in the State, such as those listed in
subparagraphs (E)(i)(IV) and (O) of section 658E(c)(2),
through use of data sharing agreements, identification
of eligible families, and use of a single or common
application that is available on a State Web site;
``(N) establishing or expanding the operation of
community- or neighborhood-based family child care
networks, which may include networks that support the
implementation of shared services models described in
subparagraph (O);
``(O) developing or expanding the use of shared
services models, including through shared services
alliances administered by nonprofit organizations or
child care resource and referral organizations, to
reduce the operational burden on child care providers
through the coordination of services such as operations
and business support, information technology services,
accounting services, human resources services, training
and professional development, enrollment services, and
quality assessment services;
``(P) establishing, maintaining, improving, or
expanding a system, such as a substitute pool system,
to support child care providers in a variety of child
care settings in finding qualified, temporary staff
when needed and to strengthen the pipeline for early
childhood educators; or
``(Q) supporting eligible child care providers in
providing accessible comprehensive services for
children and their families, including--
``(i) screenings of vision, hearing, health
(including mental health), dental health, and
development (including early literacy and math
skill development), which shall be coordinated
with the activities carried out through the
comprehensive child find system under the
Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.);
``(ii) consultation with child care health
consultants to assess, plan, implement, and
evaluate strategies to achieve high-quality
safe and healthy child care environments that
are trauma-informed strategies and support the
mental and physical health of children;
``(iii)(I) family engagement opportunities
that take into account the language spoken in
the child's home, such as parent conferences
(with opportunities for parents to provide
input about the child's development); and
``(II) support services, such as parent
education, home visiting, and family literacy
services;
``(iv)(I) nutrition services, including
provision of nutritious meals and snack options
aligned with the requirements in the most
recent guidelines promulgated by the Secretary
of Agriculture for the Child and Adult Care
Food Program authorized under section 17 of the
Richard B. Russell National School Lunch Act
(42 U.S.C. 1766); and
``(II) regular, age-appropriate, nutrition
education for children and their families;
``(v) programs, carried out in coordination
with local educational agencies and entities
providing services and supports authorized
under part B and part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et
seq.; 1431 et seq.), to ensure the full
participation of infants and toddlers with
disabilities and children with disabilities in
high-quality and inclusive child care settings;
``(vi) physical activity programs that--
``(I) are aligned with evidence-
based guidelines, such as those
recommended by the Health and Medicine
Division of the National Academies of
Sciences, Engineering, and Medicine;
and
``(II) take into account and
accommodate the needs of children with
disabilities and infants and toddlers
with disabilities; or
``(vii) on-site service coordination, to
the maximum extent feasible.''.
SEC. 108. ADMINISTRATION AND ENFORCEMENT.
Section 658I of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858g) is amended--
(1) in subsection (a)--
(A) by striking paragraph (2) and inserting the
following:
``(2) collect, publish, and make available to the public a
listing of State child care standards, including licensing
standards, health and safety standards, and the standards
described in clauses (i) and (ii) of section 658E(c)(2)(W), at
least once every 3 years;'';
(B) in paragraph (3), by inserting ``and'' after
the semicolon;
(C) in paragraph (4), by striking ``this
subchapter;'' and inserting ``this subchapter, which
shall include information about evidence-based
curricula that are developmentally appropriate and
support development across the essential domains of
early childhood development.''; and
(D) by striking paragraph (5);
(2) in subsection (b)(2)(A), in the matter following clause
(ii), by striking ``State allotment'' and inserting ``State
payments''; and
(3) by striking subsection (c).
SEC. 109. STATE QUARTERLY PAYMENTS.
(a) In General.--Section 658J of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858h) is amended to read as
follows:
``SEC. 658J. PAYMENTS TO STATES.
``(a) Definitions.--In this section:
``(1) FMAP.--The term `FMAP' has the meaning given the term
in the first sentence of section 1905(b) of the Social Security
Act (42 U.S.C. 1396d(b)).
``(2) Infant or toddler.--The term `infant or toddler'
means a child under age 3.
``(b) Payments to States.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the Secretary shall pay to each State with an application
approved under section 658E an amount for each quarter equal to
the FMAP of expenditures in the quarter--
``(A) for child care assistance under the plan for
eligible children, other than such children who are
infants or toddlers; and
``(B) to carry out activities under section 658G,
subject to the limit specified in section 658G(a)(2).
``(2) Child care assistance for infants or toddlers.--The
Secretary shall pay to each State with such an approved
application an amount for each quarter equal to 90 percent of
expenditures in the quarter for child care assistance under the
plan for eligible children who are infants or toddlers.
``(3) Administration.--The Secretary shall pay to each
State with such an approved application an amount for each
quarter equal to 50 percent of expenditures in the quarter for
the costs of administration incurred by the State in carrying
out sections 658H and 658K, and other reasonable costs incurred
by the State to administer the plan.
``(c) Advance Payment; Retrospective Adjustment.--The Secretary may
make payments under this section for each quarter on the basis of
advance estimates of expenditures submitted by the State and such other
investigation as the Secretary may find necessary, and may reduce or
increase the payments as necessary to adjust for any overpayment or
underpayment for previous quarters.
``(d) Flexibility in Submittal of Claims.--Nothing in this section
shall be construed as preventing a State from claiming as expenditures
in a quarter expenditures that were incurred in a previous quarter.
``(e) State Entitlement.--This subchapter represents the obligation
of the Federal Government to provide, to States with approved
applications under section 658E, for payments under this section from
amounts provided under section 658B(a). Those States are entitled to
payments under this section.''.
(b) Effective Date.--The amendments made by this section take
effect on October 1, 2025.
SEC. 110. REPORTING.
Section 658K(a) of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858i(a)) is amended--
(1) in paragraph (1)(B)--
(A) in clause (x), by striking ``and'';
(B) by transferring clause (xi) so as to appear
after clause (x);
(C) in clause (xi), by inserting ``and'' after the
semicolon; and
(D) inserting after clause (xi) the following:
``(xii) whether the children receiving
assistance under this subchapter are either
children with disabilities or infants and
toddlers with disabilities;'';
(2) in paragraph (2)--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by adding ``and'' after
the semicolon;
(C) by striking the flush text between
subparagraphs (E) and (F);
(D) in subparagraph (F), by striking the period and
inserting a comma; and
(E) by adding at the end the following:
``during the period for which such report is required to be
submitted.''; and
(3) by adding at the end the following:
``(3) Child care equity review.--
``(A) In general.--Each lead agency that receives
funds to carry out this subchapter shall complete every
3 years, prior to submitting a 3-year State plan under
section 658E, a child care equity review, with families
(including families of children with disabilities and
families of infants and toddlers with disabilities),
child care providers (including child care directors,
teachers, and staff of the providers), and community
leaders engaged in the review, to inform the
distribution of funds under section 658G.
``(B) Contents of review.--Each child care equity
review shall include data on each of the following:
``(i) The percentage of children receiving
child care services funded under this
subchapter, disaggregated by--
``(I) race and ethnicity;
``(II) family income;
``(III) age;
``(IV) status as an infant or
toddler with a disability or child with
a disability;
``(V) status as a homeless child;
``(VI) status as a child in foster
care; and
``(VII) status (to the extent the
status is known) as a dual language
learner.
``(ii) The geographic location of child
care providers funded under this subchapter.
``(iii) The quality features of child care
services provided by providers funded under
this subchapter, compared to the quality
features of child care services provided by
other child care providers, to the extent
possible, including data on quality features
such as--
``(I) amount of staff wages;
``(II) length of staff retention;
``(III) presence of coaching and
professional development activities;
``(IV) number of provider closures;
``(V) a measure of parent
satisfaction; and
``(VI) presence of provision of
information in languages other than
English.
``(iv) The quality features of child care
services received by children and funded under
this subchapter, disaggregated (unless the
disaggregation involved would reveal personally
identifiable information about an individual
provider or child) by the children's--
``(I) race and ethnicity;
``(II) family income;
``(III) age;
``(IV) status as an infant or
toddler with a disability or child with
a disability;
``(V) status as a homeless child;
``(VI) status as a child in foster
care; and
``(VII) status (to the extent the
status is known) as a dual language
learner.
``(v) Whether there are inequities in how
quality features are distributed among children
served under this subchapter.
``(C) Report.--Not later than 6 months after
completing the review required under subparagraph (A),
the lead agency shall prepare and submit to the
Secretary a report, in such manner as the Secretary
shall require, that includes the data described in
subparagraph (B) and a summary of the State's progress
towards improving equitable access to high-quality
inclusive child care for children in the State. Such
report shall be made publicly available on the internet
Web site of the lead agency.
``(D) Funding.--In using State administration funds
made available under section 658J(b)(3) to carry out
the child care equity review under this paragraph, a
State may use the funds to complete community
engagement activities related to the review.''.
SEC. 111. PRIORITY; WEB SITE.
Section 658L of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858j) is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``Committee
on Education and the Workforce'' and inserting
``Committee on Education and Labor''; and
(B) in the third sentence, by striking
``658E(c)(3)(B)'' and inserting ``section
658G(b)(9)(G)''; and
(2) in subsection (b)(2)(B)--
(A) in clause (ii), by striking ``a Quality Rating
and Improvement System or'' and inserting ``a tiered
and transparent system for measuring the quality of
child care providers described in section
658E(c)(2)(W)(i) and'';
(B) in clause (iv), by striking ``and'' at the end;
(C) in clause (v), by striking the period and
inserting ``; and''; and
(D) inserting at the end the following:
``(vi) information about--
``(I) high-quality and inclusive
care for children with disabilities and
infants and toddlers with disabilities,
including child care with early
intervention services under part C of
the Individuals with Disabilities
Education Act (20 U.S.C. 1431 et seq.)
for infants and toddlers with
disabilities and their families, and
child care with services and supports
under part B of the Individuals with
Disabilities Education Act (20 U.S.C.
1431 et seq.) for children with
disabilities; and
``(II) other Federal, State, or
local programs that may support
inclusive child care for infants and
toddlers, or children, referred to in
subclause (I).''.
SEC. 112. NONDISCRIMINATION.
Section 658N of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858l) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by striking ``this
section'' and inserting ``this subsection'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(D) in paragraph (3)--
(i) in the paragraph heading, by striking
``and admission'';
(ii) by striking ``(1)(B), (2), and (3)''
and inserting ``(1)(B) and (2)'';
(iii) by striking ``and admissions''; and
(iv) by striking ``or admissions'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``State
Law'' and inserting ``Other Laws'';
(B) by striking ``Nothing'' and inserting the
following:
``(1) Expenditures.--Nothing''; and
(C) by adding at the end the following:
``(2) Rights, remedies, procedures, or standards.--Nothing
in this subchapter shall be construed to invalidate or limit
rights, remedies, procedures, or legal standards available to
victims of discrimination in employment or in provision of
programs and activities under any other Federal law or law of a
State or political subdivision of a State, including the Civil
Rights Act of 1964 (42 U.S.C. 2000a et seq.), title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section
504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794,
794a), or the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.). The obligations imposed by this
subchapter are in addition to those imposed by the Civil Rights
Act of 1964 (42 U.S.C. 2000a et seq.), title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.).''; and
(3) by adding at the end the following:
``(c) Nondiscrimination in Programs and Activities.--
``(1) In general.--Except as described in paragraph (2), no
person in the United States shall, on the basis of actual or
perceived race, color, religion, national origin, sex
(including sexual orientation and gender identity), or
disability, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part, with funds made
available under this subchapter or with amounts appropriated
for grants, contracts, or certificates administered with such
funds.
``(2) Preference in enrollment.--If assistance provided
under this subchapter, and any other Federal or State program,
amounts to less than 80 percent of the operating budget of a
child care provider that receives such assistance, a child care
provider may select children for child care slots that are not
funded directly with assistance provided under this subchapter
because such children or their family members participate on a
regular basis in other activities of the organization that owns
or operates such provider.''.
SEC. 113. INDIAN TRIBES AND NATIONAL ACTIVITIES.
(a) In General.--Section 658O of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858m) is amended--
(1) by striking the heading and inserting the following:
``SEC. 658O. INDIAN TRIBES, TERRITORIES, AND NATIONAL ACTIVITIES.'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``not to exceed one half of
1 percent of the amount appropriated under this
subchapter'' and inserting ``a portion of the
amount appropriated under section 658B(b)'';
and
(ii) by striking ``to be allotted'' and all
that follows and inserting the following: ``to
be allotted by the Secretary--
``(A) in accordance with the respective needs of
those territories; and
``(B) taking into consideration--
``(i) the population of eligible children,
and the population of eligible children from
low-income families, to be served by the
territory involved; and
``(ii) the cost of child care in the
territory.'';
(B) in paragraph (2)--
(i) by striking ``(2) Indians tribes'' and
all that follows through ``658B in'' and
inserting ``(2) Indian tribes.--The Secretary
shall reserve the remainder of the amount
appropriated under section 658B(b) in'';
(ii) by striking ``subsection (c)'' and
inserting ``subsection (b)''; and
(iii) by striking subparagraph (B);
(C) in paragraph (3), by striking ``reserve up to
$1,500,000 of the amount appropriated under this
subchapter'' and inserting ``reserve and use such sums
as the Secretary may determine to be necessary of the
amount appropriated under section 658B(a)'';
(D) in paragraph (4), by striking ``reserve up to
\1/2\ of 1 percent of the amount appropriated under
this subchapter'' and inserting ``reserve and use such
sums as the Secretary may determine to be necessary of
the amount appropriated under section 658B(a)''; and
(E) in paragraph (5), by striking ``reserve \1/2\
of 1 percent of the amount appropriated under this
subchapter'' and inserting ``reserve and use such sums
as the Secretary may determine to be necessary of the
amount appropriated under section 658B(a)'';
(3) by striking subsection (b);
(4) in subsection (c)--
(A) in paragraph (3)--
(i) in subparagraph (A), by striking
``and'' at the end;
(ii) in subparagraph (B), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(C)(i) the population of Indian or Native
Hawaiian eligible children, and the population of
Indian or Native Hawaiian eligible children from low-
income families, to be served by the Indian tribe or
tribal organization;
``(ii) the cost of child care in the area to be
served by the tribe or organization; and
``(iii) whether awarding a grant or contract to the
tribe or organization will increase the number of
programs that reach standards described in subsection
(a)(1)(B)(iii);'';
(B) by striking paragraph (4); and
(C) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively;
(5) by redesignating subsection (c) as subsection (b);
(6) by striking subsection (d);
(7) in subsection (e)--
(A) by striking paragraphs (1) through (3);
(B) by striking ``(e) Reallotments.--'' and all
that follows through ``Any'' and inserting ``(e)
Reallotments.--Any''; and
(C) by striking ``subsection (c)'' each place it
appears and inserting ``subsection (b)''; and
(8) by redesignating subsections (e) and (f) as subsections
(c) and (d), respectively.
(b) Effective Date.--This section takes effect on October 1, 2025.
SEC. 114. DEFINITIONS.
Section 658P of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858n) is amended--
(1) in paragraph (2)--
(A) by inserting ``child care provider on behalf of
a'' before ``parent''; and
(B) by striking ``who may use such certificate only
as payment'';
(2) in paragraph (3)--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively;
(3) in paragraph (4)--
(A) in subparagraph (B), by striking ``85 percent''
and inserting ``150 percent (100 percent for fiscal
year 2022, 115 percent for fiscal year 2023, and 130
percent for fiscal year 2024)''; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) who--
``(i) resides with a parent or parents who
are participating in an eligible activity;
``(ii) is receiving, or needs to receive,
protective services and resides with a parent
or parents not described in clause (i), which
shall include homeless children, children in
foster care, and children who are in contact
with child protective services; or
``(iii) resides with a parent or parents
who are more than 65 years of age.''; and
(4) by adding at the end the following:
``(16) Eligible activity.--In paragraph (4), the term
`eligible activity' shall include, at minimum, activities
consisting of--
``(A) full-time or part-time employment, including
self-employment;
``(B) job search activities;
``(C) job training;
``(D) secondary, postsecondary, or adult education,
such as education through a program of high school
classes, a course of study at an institution of higher
education, classes toward an equivalent of a high
school diploma recognized by State law, or English as a
Second Language classes;
``(E) health treatment (including mental health and
substance use treatment) for a condition that prevents
the individual from participating in other eligible
activities;
``(F) activities to prevent child abuse and
neglect, or family violence prevention or intervention
activities;
``(G) employment and training activities under the
supplemental nutrition assistance program established
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.);
``(H) work activities under the program of block
grants to States for temporary assistance for needy
families under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.); and
``(I) taking leave under the Family and Medical
Leave Act of 1993 (29 U.S.C. 2601 et seq.) (or
equivalent provisions for Federal employees), a State
or local paid or unpaid family, medical, or disability
leave program, or a program of employer-provided leave.
``(17) Foster care.--
``(A) In general.--The term `foster care' means 24-
hour substitute care for a child placed away from the
child's parents or guardians and for whom the State or
tribal agency has placement and care responsibility.
The term includes care through a placement in a foster
family home, a foster home of a relative, a group home,
an emergency shelter, a residential facility, a child
care institution, or a pre-adoptive home.
``(B) Rule.--A child shall be considered to be in
foster care in accordance with subparagraph (A)
regardless of--
``(i) whether the foster care facility is
licensed and payments are made by the State,
tribal, or local agency for the care of the
child;
``(ii) whether adoption subsidy payments
are being made prior to the finalization of an
adoption; or
``(iii) whether there are Federal matching
funds for any payments described in clause (i)
or (ii) that are made.
``(18) High-quality and inclusive care.--The term `high-
quality and inclusive', used with respect to care (including
child care), means care provided by an eligible child care
provider--
``(A) that is at the highest tier of the State's
tiered and transparent system for measuring the quality
of child care providers, under section
658E(c)(2)(W)(i);
``(B) for whom the percentage of children served by
the provider who are children with disabilities and
infants and toddlers with disabilities reflects the
prevalence of children with disabilities and infants
and toddlers with disabilities among children within
the State; and
``(C) that provides care for children with
disabilities and infants and toddlers with disabilities
alongside children who are--
``(i) not infants and toddlers with
disabilities; and
``(ii) not children with disabilities.
``(19) Homeless child.--The term `homeless child' means an
individual who is a homeless child or youth under section 725
of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434).
``(20) Infant or toddler with a disability.--The term
`infant or toddler with a disability' has the meaning given the
term in section 632 of the Individuals with Disabilities
Education Act (20 U.S.C. 1432).
``(21) Key programmatic strategies.--The term `key
programmatic strategies' means strategies related to--
``(A) nutrition and physical activity;
``(B) recommended practices for age-appropriate
exposure to screen media; and
``(C) the integration and utilization of
instructional methods to assist learning across
disciplines, including methods that use the arts,
language, literacy, mathematics, science, and social
studies.''.
SEC. 115. PARENTAL RIGHTS AND RESPONSIBILITIES.
Section 658Q(b) of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858o(b)) is amended by striking ``in a manner--''
and all that follows through ``to disfavor'' and inserting ``in a
manner to disfavor''.
SEC. 116. MISCELLANEOUS PROVISIONS.
Section 658S of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858q) is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(a) Child Care Not Treated as Income.--Notwithstanding''; and
(2) by adding at the end the following:
``(b) Rule of Construction for Collective Bargaining.--Nothing in
this subchapter shall be construed to alter, diminish, or otherwise
affect the rights, remedies, and procedures afforded to individuals
employed by schools or local educational agencies, or teachers and
other staff employed by child care providers--
``(1) under Federal, State, or local laws (including
applicable regulations or court orders); or
``(2) under the terms of collective bargaining agreements,
memoranda of understanding, or other agreements between
schools, agencies, or providers that are referred to in this
subsection, and their employees.
``(c) Special Rules for Eligible Children.--For purposes of
determining whether a child is an eligible child for purposes of this
subchapter--
``(1) a State may not use eligibility requirements that are
more restrictive than the requirements specified in this
subchapter, including section 658P;
``(2) for a child of a parent who seeks to meet the
requirement of section 658P(4)(C) by participating in an
education program as an eligible activity (as defined in
section 658P), that parent shall not be required to participate
in any additional eligible activity (as so defined), or be
required to hold any minimum grade point average, to meet that
requirement; and
``(3) a child who became an eligible child when the child's
family met the income requirements of section 658P(4)(B) for an
initial fiscal year shall be considered to remain an eligible
child for the subsequent fiscal year if--
``(A) the State median income for that fiscal year
drops below the State median income for the initial
fiscal year, and as a result such child's family income
now exceeds 150 percent (or the corresponding
percentage specified in section 658P(4)(B)) of the
State median income; and
``(B) the child meets the other requirements of
section 658P.
``(d) Nonpostsecondary Education Program.--For purposes of section
401 of the Act entitled `An Act to provide for reconciliation pursuant
to section 201(a)(1) of the concurrent resolution on the budget for
fiscal year 1997', approved August 22, 1996, the program carried out
under this subchapter shall be considered to be a program of
nonpostsecondary education.''.
SEC. 117. CONFORMING AMENDMENT.
The Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.) is amended by striking the subchapter heading and
inserting the following:
``Subchapter C--Child Care and Development Assistance''.
SEC. 118. TRANSITION RULES.
(a) In General.--During fiscal years 2022 through 2024, the
Secretary of Health and Human Services--
(1) shall make allotments and payments to States,
territories, and Indian tribes under section 658J and 658O of
the Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858h, 9858m), as in effect immediately before the date
of enactment of this Act, subject to subsection (b);
(2) shall reserve funds according to paragraphs (3) through
(5) of section 658O(a) of that Act (42 U.S.C. 9858m(a)); and
(3) shall carry out section 658E(c)(3) of that Act (42
U.S.C. 9858c(c)(3)) by applying subparagraph (C) of that
section, as in effect immediately before the date of enactment
of this Act.
(b) Adjustments.--During fiscal years 2022 through 2024, the
Secretary shall have authority to make such adjustments as may be
necessary to carry out subsection (a) and to transition to making
quarterly payments under section 658J and allotments under section
658O(a) of the Child Care and Development Block Grant Act of 1990, as
amended by this Act.
SEC. 119. EFFECTIVE DATE.
This title, and the amendments made by this title, take effect on
October 1, 2021, except as otherwise provided in this title.
TITLE II--HIGH-QUALITY PRESCHOOL
SEC. 201. FORMULA GRANTS TO STATES TO ESTABLISH VOLUNTARY HIGH-QUALITY
PRESCHOOL PROGRAMS.
(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) Dual language learner.--The term ``dual language
learner'' means an individual who is limited English
proficient, as defined in section 637 of the Head Start Act (42
U.S.C. 9832).
(3) Eligible child.--The term ``eligible child'' means a
child who is--
(A) age 3, 4, or 5;
(B) not yet enrolled in kindergarten; and
(C) a member of a family with a family income that
does not exceed 150 percent of the State median income
for a family of the same size.
(4) Eligible provider.--The term ``eligible provider''
includes a local educational agency, Head Start program funded
under the Head Start Act (42 U.S.C. 9831 et seq.), licensed
child care center, licensed family child care home, and
community- or neighborhood-based family child care network,
that--
(A) participates in the State's tiered and
transparent system for measuring program quality
described in section 658E(c)(2)(W)(i) of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C.
9858c(c)(2)(W)(i)); and
(B) meets the highest tier of such system.
(5) Foster care.--
(A) In general.--The term ``foster care'' means 24-
hour substitute care for a child placed away from the
child's parents or guardians and for whom the State
agency has placement and care responsibility. The term
includes care through a placement in a foster family
home, a foster home of a relative, a group home, an
emergency shelter, a residential facility, a child care
institution, or a pre-adoptive home.
(B) Rule.--A child shall be considered to be in
foster care in accordance with subparagraph (A)
regardless of--
(i) whether the foster care facility is
licensed and payments are made by the State or
local agency for the care of the child;
(ii) whether adoption subsidy payments are
being made prior to the finalization of an
adoption; or
(iii) whether there are Federal matching
funds for any payments described in clause (i)
or (ii) that are made.
(6) Governor.--The term ``Governor'' means the chief
executive officer of a State.
(7) High-need school.--The term ``high-need school'' means
an elementary school in which not less than 50 percent of the
enrolled students are children from low-income families, as
defined in section 2221(b)(3)(B) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6641(b)(3)(B)).
(8) High-need local educational agency.--The term ``high-
need local educational agency'' means a local educational
agency that serves a high percentage of high-need schools.
(9) Homeless child.--The term ``homeless child'' means an
individual who is a homeless child or youth under section 725
of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434).
(10) Infant or toddler with a disability.--The term
``infant or toddler with a disability'' has the meaning given
the term in section 632 of the Individuals with Disabilities
Education Act (20 U.S.C. 1432).
(11) Key programmatic strategies.--The term ``key
programmatic strategies'' means strategies related to--
(A) nutrition and physical activity;
(B) recommended practices for age-appropriate
exposure to screen media; and
(C) the integration and utilization of
instructional methods to assist learning across
disciplines, including methods that use the arts,
language, literacy, mathematics, science, and social
studies.
(12) Low-income child.--The term ``low-income child'' means
a child who is a member of a family with a family income that
is at or below 200 percent of the poverty line.
(13) Outlying areas.--The term ``outlying areas'' means the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(14) Poverty line.--The term ``poverty line'' means the
official poverty line (as defined by the Office of Management
and Budget)--
(A) adjusted to reflect the percentage change in
the Consumer Price Index For All Urban Consumers,
issued by the Bureau of Labor Statistics, occurring in
the 1-year period or other interval immediately
preceding the date such adjustment is made; and
(B) adjusted for family size.
(15) Specialized instructional support personnel.--The term
``specialized instructional support personnel'' has the meaning
given such term in section 8101(47)(A) of the Elementary and
Secondary Education Act (20 U.S.C. 7801(47)).
(16) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
(b) Allotments to States.--
(1) Reservation.--From the total amount appropriated to
carry out this section for a fiscal year, the Secretary of
Health and Human Services, in collaboration with the Secretary
of Education, shall--
(A) reserve not less than 1 percent and not more
than 2 percent for payments to Indian tribes and tribal
organizations;
(B) reserve \1/2\ of 1 percent for the outlying
areas to be distributed among the outlying areas on the
basis of their relative need, as determined by the
Secretary of Health and Human Services in accordance
with the purposes of this section;
(C) reserve \1/2\ of 1 percent for eligible local
entities that serve children in families who are
engaged in migrant or seasonal agricultural labor;
(D) reserve not more than 1 percent or $30,000,000,
whichever amount is less, for national activities,
including administration, technical assistance, and
evaluation; and
(E) reserve 5 percent for State leadership
activities described in subsection (c), including the
grants described in such subsection.
(2) Allotment formula.--
(A) In general.--Except as provided in subparagraph
(B), from the total amount appropriated to carry out
this section for a fiscal year that remains after
making the reservations under paragraph (1), the
Secretary of Health and Human Services, in
collaboration with the Secretary of Education, shall
allot to each State for the fiscal year that has an
application approved under subsection (d), for the
purpose of providing grants to eligible providers to
offer high-quality preschool, an amount that bears the
same ratio to such remainder as the number of children
who are below the age of 6 who reside within the State
and whose families have an income at or below 200
percent of the poverty line for the most recent year
for which satisfactory data are available, bears to the
number of such children who reside in all such States
for such most recent fiscal year for which satisfactory
data are available.
(B) Minimum allotment amount.--No State receiving
an allotment under subparagraph (A) for a fiscal year
shall receive less than \1/2\ of 1 percent of the total
amount allotted under such subparagraph for the fiscal
year.
(c) State Reservation.--
(1) In general.--From amounts reserved under subsection
(b)(1)(E), a State shall carry out the State leadership
activities described in this subsection to improve equitable
access to high-quality preschool programs operated by eligible
providers across the State, including programs in high-need
local educational agencies, which shall include--
(A) ongoing professional development opportunities
for school principals, school superintendents,
teachers, specialized instructional support personnel,
and teacher assistants to improve their practices,
which may include activities that--
(i) prepare elementary schools to create or
expand preschool classrooms, including training
on developmentally appropriate practices and
preparing classrooms with materials and
equipment for young children;
(ii) promote children's development across
all of the essential domains of early learning
and development;
(iii) improve curricula and teacher-child
interaction;
(iv) incorporate the inclusion of key
programmatic strategies into classroom
instruction;
(v) increase effective family engagement,
including for families of dual language
learners;
(vi) provide effective instruction for
children of diverse backgrounds and children
with disabilities and dual language learners;
(vii) improve social and emotional
development;
(viii) incorporate positive behavioral
interventions and supports and principles of
trauma-informed care;
(ix) align preschool curricula with
elementary school standards and curricula;
(x) engage teachers, teacher leaders, early
childhood educators, and other professionals in
joint professional learning opportunities, as
described in section 2103(b)(3)(G) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6613(b)(3)(G)); and
(xi) improve the transition of children
from preschool to elementary school;
(B) completing the Preschool Equity Review and
distributing grants as described in paragraph (2) in
accordance with the results of such review;
(C) expanding or establishing scholarships,
counseling, and compensation initiatives to cover the
cost of tuition, fees, materials, transportation, and
release time for staff of eligible providers to pursue
credentials and degrees, including bachelor's degrees;
and
(D) partnerships between institutions of higher
education and eligible providers, including high-need
local educational agencies, to improve access to early
childhood educators, including educators serving dual
language learners and children with disabilities.
(2) Grants to improve equitable access to high-quality
preschool programs.--
(A) In general.--From amounts reserved under
subsection (b)(1)(E), a State shall make grants to
rectify resource inequities in preschool programs and
expand access to high-quality preschool programs for
all children, including children described in items
(aa) through (dd) of subparagraph (B)(ii)(I). Such
grants shall be awarded to high-need local educational
agencies in order to improve their capacity to offer
high-quality preschool programs for eligible children,
which may include paying the costs of renovation.
(B) Preschool equity review.--
(i) In general.--Each State making grants
under subparagraph (A) shall complete an annual
Preschool Equity Review that informs the
distribution of funds under such subparagraph.
(ii) Contents of review.--Each Preschool
Equity Review shall include data on--
(I) the percentage of children
participating in preschool programs
funded under this section,
disaggregated by status as--
(aa) children with
disabilities;
(bb) low-income children;
(cc) children from major
ethnic and racial groups; and
(dd) dual language
learners;
(II) the geographic location of
preschool programs funded under this
section;
(III) the quality of preschool
programs funded under the section,
compared to such programs not funded
under this section; and
(IV) resource inequities between
preschool programs, including programs
serving a high percentage of children
described in items (aa) through (dd) of
subclause (I).
(d) State Application.--In order to receive an allotment under this
section, the Governor of a State shall submit an application at such
time and in such manner as the Secretary of Health and Human Services,
in collaboration with the Secretary of Education, may require. Such
application shall include each of the following:
(1) A description of how the State will provide access to
high-quality preschool during the school day for eligible
children in the State within 3 years, which shall include the
following:
(A) How the State plans to distribute funds from
the State's allotment to eligible providers, including
an assurance that the Governor will designate a State-
level entity (such as an agency or joint interagency
office) for the administration of the grant.
(B) An explanation of how the State will ensure
that eligible providers receiving funds under this
section will use research-based curricula that are
aligned with State early learning standards that are
developmentally appropriate and include, at a minimum,
each of the following domains:
(i) Language development.
(ii) Literacy.
(iii) Mathematics.
(iv) Science.
(v) Creative arts.
(vi) Social and emotional development.
(vii) Approaches to learning.
(viii) Physical development.
(C) How the State will coordinate services provided
under this section with services and supports provided
under the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858 et seq.), section 619 and part C
of the Individuals with Disabilities Education Act (20
U.S.C. 1419; 1431 et seq.), the Head Start Act (42
U.S.C. 9831 et seq.), the Preschool Development Grants
program under section 9212 of the Every Student
Succeeds Act (42 U.S.C. 9831 note), the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.), the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11301 et seq.) and the maternal, infant, and
early childhood home visiting programs assisted under
section 511 of the Social Security Act (42 U.S.C. 711).
(D) How the State will improve transitions from
early childhood education to elementary school,
including how the State will ensure that preschool
programs--
(i) share relevant data between early
childhood educators and kindergarten teachers;
(ii) share instructional, behavioral, and
other information between early childhood
educators and kindergarten teachers to best
support the transition of children with
disabilities who may need services and supports
provided under part B of the Individuals with
Disabilities Education Act (42 U.S.C. 1411 et
seq.) into general education settings; and
(iii) share information about the
proficiency of dual language learners in both
English and their native language.
(E) How the State will provide ongoing monitoring
and support and conduct evaluations of preschool
programs funded under this section.
(F) How the State has reviewed the strategic plan
developed under section 9212 of the Every Student
Succeeds Act (42 U.S.C. 9831 note) or engaged in a
similar strategy to facilitate coordination of existing
early learning and care programs in a mixed delivery
system.
(G) If the State funds full-day kindergarten
programs, but such full-day kindergarten programs are
not available to all children who are eligible to
attend such programs in the State, how the State plans
to increase the number of children in the State who are
enrolled in full-day kindergarten programs and a
strategy to implement such a plan.
(H) If the State does not fund full-day
kindergarten programs, a description of how the State
plans to establish such programs to strengthen the
educational continuum for children who will be involved
in the State's high-quality preschool program supported
under this title.
(2) An assurance that all preschool programs funded under
this section will--
(A) offer programming that meets the duration
requirements in the program performance standards
applicable to Head Start programs described in section
641A of the Head Start Act (42 U.S.C. 9836a);
(B) adopt policies and practices to provide
expedited enrollment, including prioritization, to--
(i) homeless children;
(ii) children in foster care; and
(iii) migratory children;
(C) conduct outreach to families of--
(i) homeless children;
(ii) dual language learners;
(iii) children in foster care;
(iv) children with disabilities;
(v) infants and toddlers with disabilities;
and
(vi) migratory children;
(D) provide salaries to staff of eligible providers
that are on the same pay scale as elementary school
educators with similar credentials and experience;
(E) require high staff qualifications for teachers,
including, at a minimum, meeting the staff
qualifications included in the quality standards of the
National Institute for Early Education Research that
are in effect on the date of enactment of this Act by
not later than 4 years after the date the State first
receives an allotment under this section; and
(F) determine whether children are dual language
learners and provide services to ensure the full and
effective participation of such learners and their
families.
(3) An assurance that the State will provide assistance
under this section only to eligible providers that prohibit the
use of suspension, expulsion, and aversive behavioral
interventions.
(4) An assurance that the State will meet the requirements
of clauses (ii) and (iii) of section 658E(c)(2)(T) of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858c(c)(2)(T)(ii) and (iii)).
(e) Use of Funds.--A State that receives an allotment under
subsection (b)(2) for a fiscal year shall use the allotment to carry
out the activities described in the State's application described in
subsection (d).
(f) Match Required.--A State that receives an allotment under
subsection (b)(2) for a fiscal year shall provide matching funds from
non-Federal sources in an amount equal to 10 percent of the Federal
funds that such State receives under such subsection for the fiscal
year.
(g) Reporting.--
(1) In general.--Each State that receives an allotment
under subsection (b)(2) shall prepare an annual report, in such
manner and containing such information as the Secretary of
Health and Human Services may reasonably require.
(2) Contents.--A report prepared under paragraph (1) shall
contain, at a minimum--
(A) a description of the manner in which the State
has used the funds made available through the allotment
and a report of the expenditures made with the funds;
(B) a summary of the State's progress toward
providing access to high-quality preschool programs for
eligible children;
(C) an evaluation of the State's progress towards
improving equitable access to high-quality preschool,
as measured by the Preschool Equity Review described in
subsection (c)(2)(B), disaggregated by the categories
under subsection (c)(2)(B)(ii)(I);
(D) the number and percentage of children in the
State participating in eligible preschool programs,
disaggregated by race, ethnicity, family income, child
age, disability, and whether the children are homeless
children, children in foster care, or dual language
learners;
(E) data on the number and percentage of children
in the State participating in public kindergarten
programs, disaggregated by race, family income, child
age, disability, and whether the children are homeless
children, children in foster care, or dual language
learners, with information on whether such programs are
offered--
(i) for a full-day; and
(ii) at no cost to families;
(F) data on the kindergarten readiness of children
across the State; and
(G) data regarding coordination efforts with other
child care and early childhood education programs,
including those funded under the Head Start Act (42
U.S.C. 9831 et seq.).
(h) Maintenance of Effort.--
(1) In general.--If a State reduces its combined fiscal
effort per child for its State preschool program or State
supplemental assistance funds for Head Start programs assisted
under the Head Start Act (42 U.S.C. 9831 et seq.) for any
fiscal year that a State receives an allotment under subsection
(b)(2) relative to the previous fiscal year, the Secretary of
Health and Human Services, in collaboration with the Secretary
of Education, shall reduce support for such State under such
subsection by the same amount as the decline in State effort
for such fiscal year.
(2) Waiver.--The Secretary of Health and Human Services, in
collaboration with the Secretary of Education, may waive the
requirements of paragraph (1) if--
(A) the Secretaries determine that a waiver would
be appropriate due to a precipitous decline in the
financial resources of a State as a result of
unforeseen economic hardship or a natural disaster that
has necessitated across-the-board reductions in State
services during the 5-year period preceding the date of
the determination, including for early childhood
education programs; or
(B) due to the circumstances of a State requiring
reductions in specific programs, including early
childhood education, the State presents to the
Secretaries a justification and demonstration why other
programs could not be reduced and how early childhood
programs in the State will not be disproportionately
harmed by such State action.
(i) Supplement Not Supplant.--Funds received under this section
shall be used to supplement and not supplant other Federal, State, and
local public funds expended on early childhood education programs in
the State.
(j) Appropriations.--There is authorized to be appropriated, and
there is appropriated, to carry out this section, $8,000,000,000 for
each of fiscal years 2022 through 2032.
TITLE III--HEAD START EXTENDED DURATION
SEC. 301. EXTENDED DURATION.
(a) In General.--The Head Start Act (42 U.S.C. 9801 et seq.) is
amended--
(1) by redesignating section 657C (42 U.S.C. 9852c) as
section 657D; and
(2) by inserting after section 657B (42 U.S.C. 9852b) the
following:
``SEC. 657C. EXTENDED DURATION.
``(a) In General.--The Secretary shall make grants to Head Start
agencies (including Early Head Start agencies) funded under this
subchapter to enable such agencies--
``(1) to provide access to a full school year and a full
school day of services;
``(2) in the case of a migrant and seasonal Head Start
agency, to provide access to additional service hours to ensure
continuous Head Start services as determined by the Secretary;
or
``(3) in the case of a Head Start agency (including an
Early Head Start agency) that already meets the full-day, full-
year services needs within its community, to enhance the
quality of Head Start services (including Early Head Start
services) provided to children served by such agency.
``(b) Application.--
``(1) In general.--To be eligible to receive a grant under
this section, a Head Start agency shall submit an application
at such time and in such manner as the Secretary may require.
Such application shall include--
``(A) evidence of--
``(i) the number and percentage of slots--
``(I) in the agency's Head Start
center-based programs (that are not
Early Head Start programs)--
``(aa) that are currently
funded (as of the date of
submission of the application);
and
``(bb) in which services
are provided for at least the
equivalent of 1,020 hours per
year; and
``(II) in the agency's Early Head
Start center-based programs--
``(aa) that are currently
funded (as of that date); and
``(bb) in which services
are provided for at least the
equivalent of 1,380 hours per
year; and
``(ii) the number and percentage of slots,
in the agency's Head Start family child care
programs--
``(I) that are currently funded (as
of that date); and
``(II) in which services are
provided for at least the equivalent of
1380 hours per year;
``(B) a description of an approach, using the
current community-wide strategic planning and needs
assessment described in section 640(g)(1)(C) of the
Head Start Act (42 U.S.C. 9835(g)(1)(C)) and current
program schedule (current as of the date of submission
of the application), that transitions all of the
agency's Head Start programs to a full school day, full
school year program schedule; and
``(C) a budget justification that estimates the
supplemental funding necessary to provide for
incremental ongoing operating costs for the extended
hours of service under such a program schedule for the
current enrollment in the agency's Head Start programs.
``(2) Exceptions.--
``(A) Migrant and seasonal head start.--
``(i) In general.--A migrant and seasonal
Head Start agency may apply for a grant
described in subsection (a) without meeting the
requirements specified in paragraph (1) to
ensure continuous Head Start services are
provided to children enrolled in a migrant and
seasonal Head Start program. To be eligible to
receive the grant, the agency shall submit an
application at such time and in such manner as
the Secretary may require.
``(ii) Priority.--In making grants to
applicants described in clause (i), the
Secretary shall give priority to a migrant and
seasonal Head Start agency operating for fewer
than 8 months per year.
``(B) Full-day, full-year head start agencies.--
``(i) In general.--A Head Start agency
(including an Early Head Start agency) that
certifies to the Secretary that it is meeting
the full-day, full-year need within its
community may apply for a grant to enhance the
quality of services provided to children
enrolled in its Head Start program (including
its Early Head Start program) in accordance
with subsection (c)(2).
``(ii) Application.--A Head Start agency
(including Early Head Start agency) that meets
the requirements of clause (i) shall submit an
application, which shall include--
``(I) the proposed uses of funds in
accordance with subsection (c)(2); and
``(II) how such uses of funds
relate to the community-wide strategic
planning and needs assessment described
under section 640(g)(1)(C).
``(c) Use of Funds.--
``(1) Extended duration.--A Head Start agency that meets
the requirements of paragraph (1) or (2) of subsection (a)
receiving a grant under this section shall use the grant funds
to cover the costs associated with extending those hours of
service for the current enrollment, such as additional costs
for--
``(A) the purchase, rental, renovation, and
maintenance of additional facilities;
``(B) ongoing purchases of classroom supplies;
``(C) staff providing services during the extended
hours; and
``(D) professional development to staff
transitioning to providing services during the extended
hours.
``(2) Enhancing program quality.--A Head Start agency
(including an Early Head Start agency) that meets the
requirements of subsection (a)(3) shall use funds for the
activities authorized under section 640(a)(5)(B).
``(3) Exception.--The Head Start agency shall not use the
grant funds to expand the number of children served in the Head
Start program (including the Early Head Start program) of the
agency.
``(d) Reservations.--
``(1) Activities.--From the total amount appropriated to
carry out this section, the Secretary shall--
``(A) for making grants for the activities
described in subsection (c)(1)(A), reserve
$4,000,000,000 of the funds appropriated for fiscal
year 2022; and
``(B) for making grants for the activities
described in any of subparagraphs (B) through (D) of
subsection (c)(1), reserve--
``(i) $490,000,000 of the funds
appropriated for fiscal year 2022;
``(ii) $610,000,000 of the funds
appropriated for fiscal year 2023; and
``(iii) $730,000,000 of the funds
appropriated for fiscal year 2024.
``(2) Priority.--The Secretary shall prioritize Head Start
agencies (including Early Head Start agencies) that are
applying to use funds to carry out the activities described in
subsection (a)(1).
``(3) Migrant or seasonal head start programs.--From the
amount appropriated to carry out this section for a fiscal year
and reserved under paragraph (1)(B), the Secretary shall
reserve 4.5 percent for migrant or seasonal Head Start
programs.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $4,490,000,000 for fiscal year 2022;
``(2) $610,000,000 for fiscal year 2023; and
``(3) $730,000,000 for fiscal year 2024.
``(f) Definitions.--In this section:
``(1) Full school day; full school year.--The terms `full
school day' and `full school year' mean such a day and year,
respectively, within the meaning of the Head Start Program
Performance standards issued under section 641A(a).
``(2) Migrant and seasonal head start agency.--The term
`migrant and seasonal Head Start agency' means an agency that
is funded under this subchapter to provide a migrant and
seasonal Head Start program.''.
(b) Conforming Amendments.--Section 640 of the Head Start Act (42
U.S.C. 9835) is amended--
(1) in subsection (a)(6), by striking ``appropriated under
this subchapter'' each place it appears and inserting
``appropriated under section 639''; and
(2) in subsection (g)(3)(A)--
(A) by striking ``amount appropriated'' each place
it appears and inserting ``amount appropriated under
section 639'';
(B) by striking ``services provided under this
subchapter'' and inserting ``services provided under
this subchapter (other than section 657C)''; and
(C) by striking ``agency under this subchapter''
and inserting ``agency under this subchapter (other
than section 657C)''.
SEC. 302. APPROPRIATION FOR WAGES.
(a) Appropriation.--There is authorized to be appropriated, and
there is appropriated, out of any funds in the Treasury not otherwise
appropriated, $4,000,000,000 for fiscal year 2022 and each subsequent
fiscal year, to carry out subsection (b).
(b) Use of Funds.--Using funds made available under subsection (a),
the Secretary of Health and Human Services shall assist Head Start
agencies (including Early Head Start agencies) funded under the Head
Start Act (42 U.S.C. 9831 et seq.), to the extent needed to ensure that
their teachers and staff--
(1) receive wages that are comparable to wages for
elementary educators with similar credentials and experience in
the State; or
(2) at a minimum, receive a living wage.
(c) Application.--In carrying out subsection (b), the Secretary
shall apply the Head Start Act, except to the extent that subsection
(b) is inconsistent with that Act.
TITLE IV--APPROPRIATIONS FOR SUPPORTS AND SERVICES FOR INCLUSIVE CHILD
CARE FOR INFANTS, TODDLERS, AND CHILDREN WITH DISABILITIES
SEC. 401. APPROPRIATIONS FOR SUPPORTS AND SERVICES FOR INCLUSIVE CHILD
CARE FOR INFANTS, TODDLERS, AND CHILDREN WITH
DISABILITIES.
There is authorized to be appropriated and there is appropriated
for each State for each quarter an amount that is equal to 5 percent of
the payment to such State for such quarter under section 658J of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858h) to
be used by--
(1) the State's lead agency designated or established under
section 635(a)(10) of the Individuals with Disabilities
Education Act (20 U.S.C. 1435(a)(10)) to provide early
intervention services for infants and toddlers with
disabilities (as defined in section 632 of the Individuals with
Disabilities Education Act (20 U.S.C. 1432)) and their families
in settings that provide high-quality inclusive care to such
children; and
(2) the State to provide services and supports to children
with disabilities (as defined in section 658P of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858n)) in
settings that provide high-quality inclusive care to such
children.
TITLE V--MATERNAL, INFANT, AND EARLY CHILDHOOD HOME VISITING PROGRAM
SEC. 501. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) from the prenatal period to the first day of
kindergarten, children's development rapidly progresses at a
pace exceeding that of any subsequent stage of life;
(2) as reported by the National Academy of Sciences in
2001, striking disparities exist in what children know and can
do that are evident well before they enter kindergarten; these
differences are strongly associated with social and economic
circumstances, and they are predictive of subsequent academic
performance;
(3) research has consistently demonstrated that investments
in high-quality programs that serve infants and toddlers better
position those children for success in elementary, secondary,
and postsecondary education as well as helping children develop
the critical physical, emotional, social, and cognitive skills
that they will need for the rest of their lives;
(4) in 2011, there were 11,000,000 infants and toddlers
living in the United States and 49 percent of these children
came from low-income families living with incomes at or below
200 percent of the Federal poverty guidelines;
(5) the Maternal, Infant, and Early Childhood Home Visiting
(MIECHV) program was authorized by Congress to facilitate
collaboration and partnership at the Federal, State, and
community levels to improve health and development outcomes for
at-risk children, including those from low-income families,
through evidence-based home visiting programs;
(6) MIECHV is an evidence-based policy initiative and its
authorizing legislation requires that at least 75 percent of
funds dedicated to the program must support programs to
implement evidence-based home visiting models, which includes
the home-based model of Early Head Start;
(7) in fiscal year 2016, MIECHV served approximately
160,000 parents and children, which is only a small portion of
those eligible, in 893 counties covering all 50 states, the
District of Columbia, and 5 territories; and
(8) Congress should increase its investment in MIECHV to
support the work of States to help more at-risk families
voluntarily receive home visits from home visitors to--
(A) promote maternal, infant, and child health;
(B) improve school readiness and achievement;
(C) prevent potential child abuse or neglect and
injuries;
(D) support family economic self-sufficiency;
(E) reduce crime or domestic violence; and
(F) improve coordination or referrals for community
resources and supports.
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