[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1398 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1398

     To establish universal child care and early learning programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2021

 Ms. Warren (for herself, Mr. Markey, Mr. Booker, Mr. Sanders, and Mr. 
Wyden) introduced the following bill; which was read twice and referred 
       to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
     To establish universal child care and early learning programs.

    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 ``Universal Child Care and Early 
Learning Act''.

            TITLE I--CHILD CARE AND EARLY LEARNING PROGRAMS

SEC. 101. STATEMENT OF PURPOSES.

    The purposes of this title are--
            (1) to provide all young children with a fair and full 
        opportunity to reach their full potential, by establishing and 
        expanding programs, to create universal, comprehensive child 
        care and early learning programs that are available to all 
        young children;
            (2) to ensure that families can access affordable, high-
        quality child care and early learning programs regardless of 
        circumstance;
            (3) to promote the school readiness of all young children 
        by enhancing their cognitive, social, emotional, and physical 
        development--
                    (A) in a learning environment that supports 
                children's growth in language, literacy, mathematics, 
                science, cognitive abilities, social and emotional 
                functioning, creative arts, physical skills, and 
                approaches to learning; and
                    (B) through the provision to children and their 
                families of health, educational, nutritional, social, 
                and other services that are determined, based on family 
                needs assessments, to be necessary;
            (4) to recognize and build upon the experience and success 
        gained through the Head Start program, the military child care 
        program, and similar efforts;
            (5) to provide that decisions on the nature of such child 
        care and early learning programs be made at the community level 
        with the full involvement of parents, family members, and other 
        individuals and organizations in the community; and
            (6) to establish the legislative framework for child care 
        and early learning services.

SEC. 102. DEFINITIONS.

    For purposes of this title:
            (1)  Child care and early learning program.--The term 
        ``child care and early learning program'' means any program 
        that provides child care and early learning services in child 
        care and early learning centers (including schools) or in 
        family child care homes.
            (2) Child with a disability.--The term ``child with a 
        disability'' means--
                    (A) a child with a disability, as defined in 
                section 602(3) of the Individuals with Disabilities 
                Education Act (20 U.S.C. 1401(3)); and
                    (B) an infant or toddler with a disability, as 
                defined in section 632(5) of such Act (20 U.S.C. 
                1432(5)).
            (3) Community.--The term ``community'' means a city, 
        county, or multicity or multicounty unit within a State, an 
        Indian reservation (including Indians in any nearby off-
        reservation area designated by an appropriate tribal government 
        in consultation with the Secretary), or a neighborhood or other 
        area (irrespective of boundaries or political subdivisions) 
        that provides a suitable organizational base and possesses the 
        commonality of interest needed to operate a child care and 
        early learning program.
            (4) Covered child.--The term ``covered child'' means a 
        child who--
                    (A) is--
                            (i) not younger than 6 weeks of age; and
                            (ii) not yet required to attend school, 
                        under the laws of compulsory school attendance 
                        of the State in which the child resides; and
                    (B) meets the requirements of regulations issued 
                under section 124.
            (5) Dual language learner.--The term ``dual language 
        learner'' means a child who is acquiring two or more languages 
        at the same time, or a child who is learning a second language 
        while continuing to develop the child's first language, 
        including a child who may also be identified by a State or 
        locality as ``bilingual'', ``an English language learner'', 
        ``limited English proficient'', ``an English learner'', or a 
        child who speaks a ``language other than English''.
            (6) Family literacy services.--The term ``family literacy 
        services'' means services that--
                    (A) are family literacy services, as defined in 
                section 637 of the Head Start Act (42 U.S.C. 9832); and
                    (B) meet the requirements of section 641A of such 
                Act (42 U.S.C. 9836a).
            (7) Financial assistance.--The term ``financial 
        assistance'' includes assistance provided by grant, agreement, 
        or contract, for which payments may be made in installments and 
        in advance or by way of reimbursement with necessary 
        adjustments on account of overpayments or underpayments.
            (8) Full-working-day.--The term ``full-working-day'' means 
        not less than 10 hours per day. Nothing in this paragraph shall 
        be construed to require an entity to provide services to a 
        child who has not reached the age of compulsory school 
        attendance for more than the number of hours per day permitted 
        by State law (including regulation) for the provision of 
        services to such a child.
            (9) Health.--The term ``health'', when used to refer to 
        services or care provided to children enrolled in a child care 
        and early learning program, their parents, or their siblings, 
        shall be interpreted to refer to both physical and mental 
        health.
            (10) Homeless child.--The term ``homeless child'' means an 
        individual described in section 725(2) of the McKinney-Vento 
        Homeless Assistance Act (42 U.S.C. 11434a(2)).
            (11) Indian.--The term ``Indian'' means an individual who 
        is--
                    (A) a member of an Indian tribe or band, as 
                membership is defined by the tribe or band, including--
                            (i) any tribe or band terminated since 
                        1940; and
                            (ii) any tribe or band recognized by the 
                        State in which the tribe or band resides;
                    (B) a descendant of an individual described in 
                subparagraph (A);
                    (C) considered by the Secretary of the Interior to 
                be an Indian for any purpose;
                    (D) an Eskimo, Aleut, or other Alaska Native; or
                    (E) a member of an organized Indian group that 
                received a grant under the Indian Education Act of 1988 
                as in effect on October 19, 1994.
            (12) Indian tribe.--The term ``Indian tribe'' means an 
        Indian tribe, within the meaning of part A of title VI of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 7401 
        et seq.).
            (13) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (14) Local educational agency.--The term ``local 
        educational agency'' has the meaning given such term in section 
        8101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).
            (15) Locality.--The term ``locality'' means any city, 
        municipality, county, or other political subdivision of a State 
        having general governmental powers, or any combination of such 
        political subdivisions.
            (16) Low-income.--The term ``low-income'', used with 
        respect to a child or other individual, means an individual in 
        a family with a family income that is not more than 200 percent 
        of the poverty line.
            (17) Migrant or seasonal child care and early learning 
        program.--The term ``migrant or seasonal child care and early 
        learning program'' means--
                    (A) with respect to services for migrant 
                farmworkers, a child care and early learning program 
                that serves families who are engaged in agricultural 
                labor and who have changed their residence from one 
                geographic location to another in the preceding 2-year 
                period; and
                    (B) with respect to services for seasonal 
                farmworkers, a child care and early learning program 
                that serves families who are engaged primarily in 
                seasonal agricultural labor and who have not changed 
                their residence to another geographic location in the 
                preceding 2-year period.
            (18) Military child care program.--The term ``military 
        child care program'' means the program carried out under 
        subchapter II of chapter 88 of title 10, United States Code.
            (19) Native hawaiian.--The term ``Native Hawaiian'' has the 
        meaning given the term in section 6207 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7517).
            (20) Poverty line.--The term ``poverty line'' means the 
        official poverty line (as defined by the Office of Management 
        and Budget) based on the most recent data available from the 
        Bureau of the Census--
                    (A) adjusted to reflect the percentage change in 
                the Consumer Price Index For All Urban Consumers, 
                issued by the Bureau of Labor Statistics, during the 
                annual or other interval immediately preceding the date 
                on which such adjustment is made; and
                    (B) adjusted for family size.
            (21) Professional development.--The term ``professional 
        development'' means the career-pathway aligned mechanisms that 
        contribute to ensuring that a member of the early care and 
        education workforce, in any setting, has or is working towards 
        obtaining the degrees and other credentials needed to 
        demonstrate the necessary knowledge and competencies for 
        quality provision of child care and early learning services.
            (22) Scientifically valid research.--The term 
        ``scientifically valid research'' includes applied research, 
        basic research, and field-initiated research, in which the 
        rationale, design, and interpretation are soundly developed in 
        accordance with principles of scientific research.
            (23) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (24) State.--The term ``State'' means--
                    (A) a State, as defined in section 637 of the Head 
                Start Act; and
                    (B) the Republic of Palau--
                            (i) for each of fiscal years 2022 through 
                        2026; and
                            (ii) (if legislation approving a new 
                        agreement regarding United States assistance 
                        for the Republic of Palau has not been enacted 
                        by September 30, 2024), for each subsequent 
                        fiscal year for which such legislation has not 
                        been enacted.
            (25) Tribal land.--The term ``tribal land'' means a 
        reservation, the land of an Indian tribe, or land designated by 
        Hawaii as under the control of Native Hawaiians for purposes of 
        this title.
            (26) Tribal organization.--The term ``tribal organization'' 
        means--
                    (A) the recognized governing body of any Indian 
                tribe, and any legally established organization of 
                Indians which is controlled, sanctioned, or chartered 
                by such governing body or which is democratically 
                elected by the adult members of the Indian community to 
                be served by such organization and which includes the 
                maximum participation of Indians in all phases of its 
                activities, except that in any case where a contract is 
                let or grant made to an organization to perform 
                services benefitting more than one Indian tribe, the 
                approval of each such Indian tribe shall be a 
                prerequisite to the letting or making of such contract 
                or grant; and
                    (B) includes a Native Hawaiian organization, as 
                defined in section 6207 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7517) and a private 
                nonprofit organization established for the purpose of 
                serving youth who are Indians or Native Hawaiians.

SEC. 103. AUTHORIZATION OF APPROPRIATIONS; APPROPRIATIONS.

    (a) Appropriations.--There are authorized to be appropriated and 
there are appropriated to carry out this title (other than the 
activities described in subsection (b)), including meeting the 
entitlement requirements of section 111(b), such sums as may be 
necessary.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out activities under sections 135, 136, 137, 138, 
151, 152, and such administrative activities as the Secretary 
determines to be necessary and appropriate to carry out this title, 
$500,000,000 for each of fiscal years 2022 through 2032.

                Subtitle A--Prime Sponsors and Providers

SEC. 111. FINANCIAL ASSISTANCE FOR CHILD CARE AND EARLY LEARNING 
              PROGRAMS.

    (a) In General.--The Secretary shall provide financial assistance 
for carrying out child care and early learning programs under this 
title to prime sponsors, to provide family-centered services to 
children to promote their development and learning, pursuant to plans 
and applications approved in accordance with the provisions of this 
title.
    (b) Entitlement.--Each covered child shall be entitled to 
participate in a child care and early learning program that meets the 
requirements of this title. The entitlement shall not be a capped 
entitlement.

SEC. 112. ALLOCATION OF FUNDS; PAYMENTS.

    (a) Allocation to Activities.--The Secretary shall allocate the 
amounts appropriated for carrying out this title for any fiscal year 
after fiscal year 2021, in the following manner:
            (1) Child care and early learning programs.--The amount 
        made available under section 103(a) shall be used for the 
        purpose of providing financial assistance to carry out child 
        care and early learning programs under this title for covered 
        children, other than activities described in paragraph (2).
            (2) Administrative and enhancement activities.--Of the 
        amounts appropriated under section 103(b)--
                    (A) such portion, but not less than 50 percent, 
                shall be used for the purpose of carrying out 
                activities under sections 135 and 136 and such 
                administrative activities as the Secretary determines 
                to be necessary and appropriate to carry out this 
                title;
                    (B) such portion, but not less than 20 percent, 
                shall be used for the purpose of carrying out 
                activities under section 151; and
                    (C) the remainder of such amounts shall be used for 
                the purpose of carrying out activities under sections 
                137, 138, and 152.
            (3) Flexibility for emergency supplemental funding.--
        Notwithstanding paragraph (2), the Secretary may, after 
        providing appropriate notice and written justification to 
        Congress, redirect any amounts appropriated under section 
        103(b) as the Secretary determines to be necessary and 
        appropriate to carry out section 151 for the purpose of 
        carrying out activities under section 151.
    (b) Publication.--As soon as practicable after funds are 
appropriated under section 103(b) for any fiscal year, the Secretary 
shall publish in the Federal Register the amounts made available for 
that fiscal year to carry out each of the activities described in 
subsection (a)(2).
    (c) Payments.--
            (1) In general.--
                    (A) Authority for payments.--In accordance with 
                this subsection, the Secretary shall pay, from the 
                allocation under subsection (a)(1), the Federal share 
                of the costs of providing child care and early learning 
                programs, in accordance with plans under sections 113 
                and 114 that have been approved as provided in this 
                title.
                    (B) Manner and timing for payments.--The Secretary 
                may make such financial assistance as may be necessary 
                to carry out this title. The Secretary may also 
                withhold funds otherwise payable under this title in 
                order to recover any amounts expended in the current or 
                immediately prior fiscal year in violation of any 
                provision of this title or any term or condition of 
                financial assistance under this title.
            (2) Federal share.--
                    (A) In general.--Except as provided in 
                subparagraphs (B) through (E) and section 151, the 
                Federal share of the costs of providing child care and 
                early learning programs for covered children shall be 
                not more than 80 percent.
                    (B) Low-income children.--The Federal share shall 
                be 80 percent of the costs of providing child care and 
                early learning programs for low-income covered 
                children.
                    (C) Children who are not low-income.--The Federal 
                share shall be 50 percent of the costs of providing 
                child care and early learning programs for covered 
                children who are not low-income children.
                    (D) Children of migrant and seasonal farmworkers.--
                The Secretary shall pay for 100 percent of the costs of 
                providing child care and early learning programs for 
                covered children of migrant and seasonal farmworkers 
                under this title.
                    (E) Native american children.--The Secretary shall 
                pay each prime sponsor designated under section 113 for 
                100 percent of the costs of providing child care and 
                early learning programs for covered children in Indian 
                tribes and Native Hawaiian covered children under this 
                title.
                    (F) Administrative amount.--When making a payment 
                described in paragraph (1) to any prime sponsor for the 
                Federal share of the costs of providing a child care 
                and early learning program, the Secretary shall also 
                make a payment to the prime sponsor of not more than 
                100 percent of the costs for staff and other 
                administrative expenses of the prime sponsor, including 
                such costs and expenses related to quality improvement 
                (such as conducting monitoring and training) and 
                operating the Child Care and Early Learning Council, 
                but not to exceed an amount which is reasonable when 
                compared with such costs and expenses for other prime 
                sponsors.
            (3) Rate analysis.--
                    (A) Process.--The Secretary shall, on the basis of 
                recommendations by an committee of experts outside the 
                Department of Health and Human Services, establish and 
                implement a process for determining the costs described 
                in paragraph (1)(A) and ensuring that the requirement 
                of subparagraph (B) is met.
                    (B) Sufficiency requirement.--The Secretary shall 
                ensure that the Federal share determined under 
                paragraph (2) is sufficient to ensure that a prime 
                sponsor can meet all requirements under this title, 
                including the national program standards under section 
                121, compensation provisions under section 136(b), and 
                provisions relating to comprehensive services and 
                access to services.
            (4) Non-federal share.--
                    (A) Sources.--The non-Federal share of the costs 
                described in paragraph (1) may be provided through 
                public or private funds (including labor union or 
                employer contributions) and may be in cash or in kind, 
                fairly evaluated, including facilities, goods, or 
                services.
                    (B) Fees from families.--Fees collected for 
                services provided pursuant to section 114(j) may be 
                used toward the non-Federal share. Such fees collected 
                from a family may not exceed 7 percent of the family 
                income, regardless of the number of children served 
                from that family.
                    (C) Excess contributions.--If, with respect to any 
                fiscal year, a prime sponsor provides a non-Federal 
                share, for any program that exceeds its requirements 
                for such a share, such excess may be applied toward 
                meeting the requirements for such a share for the 
                subsequent fiscal year under this title.
    (d) Maintenance of Effort.--No State or locality shall reduce its 
expenditures for child care and early learning programs (including 
home-based child care and early learning programs) because of financial 
assistance provided under this title.

SEC. 113. DESIGNATION OF PRIME SPONSORS.

    (a) Authority To Designate.--
            (1) Qualified entities.--In accordance with the provisions 
        of this section, a State, locality, Indian tribe, tribal 
        organization, or public or private nonprofit agency or 
        organization, meeting the requirements of this title may be 
        designated by the Secretary as a prime sponsor for the purpose 
        of entering into arrangements to carry out child care and early 
        learning programs under this title.
            (2) Prime sponsorship plans.--An entity may be designated 
        by the Secretary as a prime sponsor for a period of fiscal 
        years only pursuant to an application in the form of a prime 
        sponsorship plan which was submitted by such entity and 
        approved by the Secretary in accordance with the provisions of 
        this title. At a minimum, the plan shall--
                    (A) describe the service area to be served and how 
                the program will be delivered;
                    (B) provide a comprehensive child care and early 
                learning plan, as described in section 114(b); and
                    (C) demonstrate that the entity has the authority 
                under its charter or applicable law to receive and 
                administer funds under this title, funds and 
                contributions from private or public sources that may 
                be used in support of a child care and early learning 
                program, and funds under a Federal or State assistance 
                program that may be so used.
            (3) Approval.--No prime sponsorship plan, or modification 
        of the plan, submitted by an entity under this section shall be 
        approved by the Secretary unless the Secretary determines, in 
        accordance with regulations which the Secretary shall 
        prescribe, that--
                    (A) the local educational agency for the service 
                area and other appropriate educational and training 
                agencies and institutions have had an opportunity to 
                submit comments to the entity and to the Secretary;
                    (B) appropriate officials from Indian tribes or 
                tribal organizations have had an opportunity to submit 
                comments to the entity and to the Secretary; and
                    (C) the Governor of the State has had an 
                opportunity to submit comments to the entity and to the 
                Secretary.
            (4) Joint submission.--In order to contribute to the 
        effective administration of this title, the Secretary shall 
        establish appropriate procedures to permit an entity described 
        in subsection (a)(1) and a State to submit jointly a single 
        comprehensive child care and early learning plan for the 
        service areas the entity and State propose. If the Secretary 
        approves such a plan, the Secretary may designate the entity as 
        a prime sponsor, and the State as a prime sponsor, for the 
        corresponding service areas.
    (b) Additional Approval Procedures.--
            (1) Locality over population threshold.--The Secretary 
        shall approve a prime sponsorship plan submitted by a locality 
        if--
                    (A) the locality meets a population threshold 
                determined by the Secretary, except that the Secretary 
                may waive the population threshold if it creates a 
                barrier to providing child care and early learning 
                services in a service area of a specified type, such as 
                a rural region;
                    (B) the plan meets the requirements of subsection 
                (a) and includes adequate provisions for carrying out 
                child care and early learning programs in the area of 
                such locality; and
                    (C) the locality is a--
                            (i) city;
                            (ii) county; or
                            (iii) other unit of general local 
                        government, including a local educational 
                        agency, as defined in section 8101 of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 7801).
            (2) Localities with common geographical area.--In the event 
        that the area under the jurisdiction of a unit of general local 
        government described in clause (i), (ii), (iii), or (iv) of 
        paragraph (1)(C) includes any common geographical area with the 
        geographical area covered by another such unit of general local 
        government, the Secretary shall designate to serve such common 
        area the unit of general local government that--
                    (A) the Secretary determines has the capability of 
                more effectively carrying out the purposes of this 
                title with respect to such area; and
                    (B) has submitted a plan which meets the 
                requirements of subsection (a) and includes adequate 
                provisions for carrying out child care and early 
                learning programs in such area.
            (3) Localities.--
                    (A) Submission by combination.--In the event that 
                the Secretary determines that a locality does not meet 
                the requirements for designation as a prime sponsor 
                under this section, the Secretary shall take steps to 
                encourage the submission of a prime sponsorship plan, 
                covering the area of such locality, by a combination of 
                localities which are adjoining and possess a sufficient 
                commonality of interest.
                    (B) Approval.--The Secretary shall approve a prime 
                sponsorship plan submitted by such a combination of 
                localities, if the Secretary determines that the plan 
                so submitted meets the requirements of subsection (a) 
                and includes adequate provisions for carrying out child 
                care and early learning programs in the area covered by 
                the combination of such localities.
            (4) Indian tribes and tribal organizations.--The Secretary 
        shall approve a prime sponsorship plan submitted by an Indian 
        tribe or tribal organization if the Secretary determines that 
        the plan so submitted meets the requirements of subsection (a) 
        and includes adequate provisions for carrying out child care 
        and early learning programs in the area to be served.
            (5) States.--The Secretary shall approve a prime 
        sponsorship plan submitted by a State if the Secretary 
        determines that the plan so submitted--
                    (A) meets the requirements of subsection (a);
                    (B) includes adequate provisions for carrying out 
                child care and early learning programs in the area to 
                be served;
                    (C) contains a commitment to coordinating the 
                State's early childhood programs to create a cohesive 
                system, for children from birth to entry into 
                kindergarten, for providing child care and early 
                learning services;
                    (D) demonstrates that the State can deliver a child 
                care and early learning program that ensures coverage 
                of--
                            (i) the entire State; or
                            (ii) the portions of the State that are not 
                        proposed to be covered by other entities 
                        submitting applications under subsection 
                        (a)(2); and
                    (E) demonstrates that the State can deliver such a 
                program with sufficient local administration, 
                governance, and input.
            (6) Two phases of application review.--
                    (A) In general.--The Secretary shall establish two 
                phases of review for applications in the form of prime 
                sponsorship plans. Entities submitting such 
                applications for the first phase of review shall be 
                given preference for designation under subsection (a).
                    (B) First phase.--States, Indian tribes, tribal 
                organizations, entities applying to carry out migrant 
                or seasonal child care and early learning programs, and 
                entities and States submitting applications jointly may 
                submit applications described in subparagraph (A) for 
                the first phase of application review.
                    (C) Second phase.--Localities, public or private 
                nonprofit agencies or organizations, and entities 
                described in subparagraph (B) may submit applications 
                described in subparagraph (A) for the second phase of 
                application review.
    (c) Disapproval; Withdrawal of Approval.--A prime sponsorship plan 
submitted under this section may be disapproved or a prior designation 
of a prime sponsor may be withdrawn only if the Secretary, in 
accordance with regulations which the Secretary shall prescribe, has 
provided--
            (1) written notice of intention to disapprove such plan or 
        withdraw such designation, including a statement of the 
        reasons;
            (2) a reasonable time in which to submit corrective 
        amendments to such plan or undertake other necessary corrective 
        action; and
            (3) an opportunity for a public hearing upon which basis an 
        appeal to the Secretary may be taken as of right.
    (d) Unserved Areas.--In the event that a prime sponsorship plan has 
not been submitted or approved, if a prime sponsor designation has been 
withdrawn, or if the needs of seasonal and migrant farmworkers, 
minority groups, or low-income individuals are not being met, for a 
service area, the Secretary may enter into an agreement with an 
organization, such as a national nonprofit organization, to serve as 
the prime sponsor for such an area. The Secretary shall meet the 
requirements described in subsection (g) before entering into the 
agreement.
    (e) Designation Renewal.--
            (1) Designation renewal.--A prime sponsor shall obtain 
        renewal of the designation of the prime sponsor not more 
        frequently than every 3 years and not less frequently than 
        every 5 years.
            (2) System for designation renewal.--The Secretary shall 
        develop a system for prime sponsors to renew their designation, 
        under which the Secretary shall determine if a prime sponsor is 
        delivering a high-quality and comprehensive child care and 
        early learning program that meets the health, educational, 
        nutritional, and social needs of the children and families it 
        serves, and meets program and financial management requirements 
        and standards described in section 121(a), and governance and 
        legal requirements.
    (f) Prohibition Against Entities Other Than Indian Tribes or Tribal 
Organizations Receiving a Grant for a Child Care and Early Learning 
Program on Indian Land.--
            (1) In general.--Notwithstanding any other provision of 
        law, except as provided in paragraph (2), under no condition 
        may an entity other than an Indian tribe or tribal organization 
        receive a grant to carry out a child care and early learning 
        program on tribal land.
            (2) Exceptions.--
                    (A) No indian tribe or tribal organization 
                available.--In a service area in which there is no 
                Indian tribe or tribal organization available for 
                designation to carry out an child care and early 
                learning program on Indian land, an entity that is not 
                a tribal organization may receive a grant to carry out 
                an child care and early learning program on Indian 
                land, but only until such time as an Indian tribe or 
                tribal organization in such service area becomes 
                available and is designated pursuant to this section.
                    (B) Joint prime sponsors.--For a service area that 
                consists of any non-reservation Indian land, if the 
                Indian tribe or tribal organization involved is not 
                interested in serving or does not have the capacity to 
                serve the entire service area, the Indian tribe or 
                tribal organization may work with another prime sponsor 
                to jointly serve as prime sponsors for the service 
                area.
    (g) Family, Child Care Worker, and Community Participation.--The 
Secretary shall--
            (1) significantly involve parents, family members, family 
        child care home providers, child care and early learning staff, 
        labor unions, and community residents in the service area for 
        the program involved, in the process for designation of prime 
        sponsors; and
            (2) ensure that the persons selected to be involved in that 
        process shall reflect the diversity of the service area, with 
        respect to income, culture, race and ethnicity, language, and 
        status as a migrant or seasonal farmworker, Indian, or Native 
        Hawaiian.

SEC. 114. POWERS AND FUNCTIONS OF PRIME SPONSORS.

    (a) Authority.--If an entity has been designated as a prime sponsor 
under this title--
            (1) the entity may receive and administer funds under this 
        title, funds and contributions from private or local public 
        sources that may be used in support of a child care and early 
        learning program, and funds under a Federal or State assistance 
        program related to the provision of child care and early 
        learning services;
            (2) the entity may transfer funds so received, and delegate 
        powers to other agencies, subject to the powers of its 
        governing board and its overall program responsibilities;
            (3) the entity's power to transfer funds and delegate 
        powers shall include the power to make transfers and 
        delegations for services in all cases where the transfers and 
        delegations will contribute to efficiency and effectiveness or 
        otherwise further program objectives; and
            (4) the entity may set up a process to negotiate wages, 
        benefits, hours, and working conditions of teachers and other 
        staff in the corresponding child care and early learning 
        program.
    (b) Comprehensive Child Care and Early Learning Plans.--
            (1) In general.--Financial assistance under this title may 
        be provided by the Secretary to an entity that is a prime 
        sponsor designated pursuant to section 113 only pursuant to an 
        application in the form of a comprehensive child care and early 
        learning plan which was submitted annually by such entity and 
        approved by the Secretary in accordance with the provisions of 
        this title.
            (2) Contents.--Any such plan shall set forth a 
        comprehensive proposal, for providing child care and early 
        learning services in the service area, which--
                    (A) assesses all child care and early learning 
                needs and goals within the area and the applicant's 
                proposal for addressing those needs;
                    (B) describes the demographic and economic data and 
                other criteria the prime sponsor proposes to use to 
                determine whether a community is in particular need of 
                child care;
                    (C) identifies specific communities determined to 
                be in particular need of child care, where such 
                communities are located, the size and scope of such 
                areas, and the age groups of children in need of child 
                care in such areas;
                    (D) describes how the prime sponsor will increase 
                the child care supply, quality, and affordability for 
                all families in communities of particular need, which 
                may include providing start-up funding, technical 
                assistance, training and professional development for 
                the child care workforce, enhanced compensation, and 
                other activities;
                    (E) describes how the prime sponsor will provide 
                comprehensive health, mental health, education, 
                parental or family member involvement, nutritional, 
                social, and other services for the children that need 
                child care and early learning services, including 
                appropriate screening and referrals for children with 
                challenging behaviors and other mental health needs;
                    (F) provides that services are full-working-day and 
                full calendar year long, and ensures that the available 
                hours of services are responsive to the needs of 
                families in the service area, including, as 
                appropriate, nonstandard hour care;
                    (G) describes how the prime sponsor will guarantee 
                all children in the service area access to the child 
                care and early learning program and use funds provided 
                under section 112(a)(1) for child care and early 
                learning services;
                    (H) describes how the prime sponsor will promote 
                children's mental health, social and emotional well-
                being, and overall health, by providing supports for 
                positive learning environments for the children, 
                including--
                            (i) strategies for supporting children with 
                        challenging behaviors and other social, 
                        emotional, and mental health concerns; and
                            (ii) teacher training and mental health 
                        consultations for both staff and children of 
                        the child care and early learning program;
                    (I) includes a policy on suspension and expulsion 
                that--
                            (i) prohibits or severely limits the use of 
                        suspension due to a child's behavior and 
                        ensures suspensions are only temporary in 
                        nature;
                            (ii) prohibits expelling or unenrolling a 
                        child from the program because of the child's 
                        behavior; and
                            (iii) provides that, in the case of a child 
                        exhibiting persistent and serious challenging 
                        behaviors, the program provider will--
                                    (I) explore all possible steps and 
                                document all steps taken to address 
                                such behaviors;
                                    (II) make efforts to facilitate the 
                                child's safe participation in the 
                                program; and
                                    (III) after taking the steps 
                                described in subclauses (I) and (II), 
                                if the provider determines, in 
                                consultation with parents and other 
                                professionals, that the program is not 
                                the most appropriate placement for the 
                                child, work with the parents to 
                                directly facilitate the transition of 
                                the child to a more appropriate 
                                placement;
                    (J) provides that funds received under section 
                112(a)(1) will be used for a child care and early 
                learning program for covered children;
                    (K) describes how, in the case of a prime sponsor 
                located within or adjacent to a metropolitan area, the 
                prime sponsor will coordinate activities with other 
                prime sponsors located within such metropolitan area;
                    (L) provides that, to the extent feasible, the 
                child care and early learning program will include 
                children from a range of socioeconomic backgrounds, and 
                that children will have access to all child care and 
                early learning service providers in the service area, 
                with priority given to the provider preferences stated 
                by the parents and family members of low-income 
                children;
                    (M) ensures that, where socioeconomic diversity of 
                children among providers in the service area cannot be 
                achieved, the share of program costs not covered 
                through the Federal share or program fees does not fall 
                on a single provider or a subset of providers within 
                the service area;
                    (N) provides that services will be culturally, 
                linguistically, and developmentally appropriate;
                    (O) provides that services will take into account 
                the unique needs of communities, families, and children 
                in the service area, including low-income children, 
                children with incarcerated parents, homeless children, 
                and children who are dual language learners;
                    (P) describes a system for offering child care and 
                early learning options, for facilitating the selection 
                of such an option, and for enrollment of children, 
                which may include establishing and operating a website 
                for families;
                    (Q) describes how the prime sponsor will conduct 
                outreach to all families in the service area and 
                referrals, using the appropriate medium for families 
                who speak a language other than English;
                    (R) provides equitably for the child care and early 
                learning needs of all covered children within the 
                service area, and promotes equity and addresses 
                disparities in the provision of services, including 
                equity and disparities related to income, culture, race 
                and ethnicity, language, or status as a child of a 
                migrant or seasonal farmworker, as a child belonging to 
                an Indian tribe, or as a Native Hawaiian child;
                    (S) provides, insofar as possible, for coordination 
                of the child care and early learning program with other 
                social programs;
                    (T) provides for--
                            (i) direct participation of parents, family 
                        members, and child care and early learning 
                        program staff, including teachers and 
                        paraprofessionals, in the conduct of overall 
                        direction of, decision-making for, and 
                        evaluation of the child care and early learning 
                        program; and
                            (ii) sufficient support for the persons 
                        described in clause (i) to participate in the 
                        activities described in clause (i);
                    (U) provides to the extent feasible for the 
                employment as both professionals and paraprofessionals 
                of residents in the service area in a way that takes 
                into account the cultural, racial and ethnic, and 
                linguistic diversity of the families served;
                    (V) includes to the extent feasible a career 
                development plan for paraprofessional and professional 
                training, education, and advancement on a career 
                ladder;
                    (W) provides that, insofar as possible, persons 
                residing in the service area will receive jobs, 
                including in-home and part-time jobs, and opportunities 
                for training in programs under sections 135 and 136, 
                with special consideration for career opportunities for 
                low-income individuals;
                    (X) provides for the regular and frequent 
                dissemination of information in the language of those 
                to be served, to assure that parents, family members, 
                and interested persons in the service area are fully 
                informed of services available through the child care 
                and early learning program, and of the activities of 
                the prime sponsor's Child Care and Early Learning 
                Council;
                    (Y) provides for coordination with administrators 
                of programs and services that are related to child care 
                and early learning programs and services and that are 
                not funded through this title, including programs 
                conducted under the auspices of or with the support of 
                business or financial institutions or organizations, 
                industry, labor unions, employee or labor-management 
                organizations, or other community groups;
                    (Z) as applicable, describes any arrangements for 
                the delegation, under the supervision of the Child Care 
                and Early Learning Council, to public or private 
                agencies or organizations, of responsibilities for the 
                delivery of child care and early learning services for 
                which financial assistance is provided under this title 
                or for planning or evaluation services to be made 
                available with respect to a child care and early 
                learning program under this title;
                    (AA) contains plans for regularly conducting 
                surveys and analyses of needs for the child care and 
                early learning program in the service area and for 
                submitting to the Secretary a comprehensive annual 
                report and evaluation in such form and containing such 
                information as the Secretary shall require by 
                regulation;
                    (BB) provides that--
                            (i) services for children with disabilities 
                        at the State, tribal, and local levels will be 
                        available, in the child care and early learning 
                        program approved under the plan; and
                            (ii) formal linkages are in place between 
                        the program and providers of early intervention 
                        services for infants and toddlers with 
                        disabilities;
                    (CC) provides assurances satisfactory to the 
                Secretary that the non-Federal share requirements 
                described in section 112(c) will be met;
                    (DD) provides for such fiscal control, fiscal 
                staffing, and funding accounting procedures as the 
                Secretary may prescribe to assure proper disbursement 
                of and accounting for Federal funds paid to the prime 
                sponsor;
                    (EE) provides that the child care and early 
                learning program, or services within the program, under 
                this title shall be provided only for children whose 
                parents or legal guardians have requested the services;
                    (FF) sets forth satisfactory provisions for 
                establishing, consistent with subsection (d)(1), and 
                maintaining a Child Care and Early Learning Council 
                which meets the requirements of subsection (d);
                    (GG) provides verification that the sponsor and its 
                delegate providers--
                            (i) will recognize and bargain with labor 
                        unions representing family child care home 
                        providers, teachers and other staff of child 
                        care and early learning programs in order to 
                        meet the requirements set forth in section 136 
                        and for other purposes; and
                            (ii) will not assist in, promote, or deter 
                        labor union organizing;
                    (HH) provides an annual technical assistance and 
                training plan;
                    (II) provides for collection and reporting of 
                program performance data in both an aggregate form and 
                disaggregated by family income, culture, race and 
                ethnicity, and primary language;
                    (JJ) documents a written affirmation, signed by the 
                appropriate officials from Indian tribes or tribal 
                organizations approved by the tribes or Native Hawaiian 
                groups, which recognizes that the prime sponsor has 
                engaged in timely and meaningful consultation with the 
                appropriate officials from Indian tribes or tribal 
                organizations if--
                            (i) a program is being operated on or near 
                        an Indian reservation, or if more than 15 
                        percent of children enrolled in the program are 
                        Indians or Native Hawaiians; and
                            (ii) the prime sponsor is not an Indian 
                        tribe or tribal organization;
                    (KK) provides that services will be provided with a 
                holistic and multi-generational approach that includes 
                promoting the well-being of pregnant women and engaging 
                expectant parents during prenatal and early months;
                    (LL) describes how the sponsor will ensure that key 
                workplace protections and rights, similar to the 
                protections and rights specified in the National Labor 
                Relations Act (29 U.S.C. 151 et seq.), are provided;
                    (MM) describes how the sponsor will implement a 
                process in which, through their labor unions, family 
                child care home providers and child care and early 
                learning center staff participate in a collective 
                process to set wages, benefits, hours, and minimum 
                standards for working conditions;
                    (NN) describes how the sponsor will ensure that 
                family child care home providers, including teachers 
                and other staff of family child care home providers, 
                and teachers and other staff at a child care and early 
                learning center (including employees of a delegate 
                provider) are paid compensation that meets the 
                requirements of section 136(b);
                    (OO) provides that the sponsor will provide 
                teachers and other staff with supports that are high-
                quality, research-based, and rooted in adult learning 
                theory;
                    (PP) provides that the program will be accessible 
                to, and that staff will receive training on working 
                with, children with disabilities and parents with 
                disabilities; and
                    (QQ) meets any other requirements or provides any 
                information the Secretary requires by regulation.
    (c) Uses.--The Secretary shall provide the financial assistance to 
a prime sponsor, for the planning, conduct, administration, and 
evaluation of a child care and early learning program that delivers 
services in accordance with the requirements of the comprehensive child 
care and early learning plan specified under subsection (b), and for 
implementing the following activities:
            (1)(A) Provide for family member and community involvement, 
        including the involvement of parents, family members, community 
        residents, current or future staff of a child care and early 
        learning program, and local businesses, in the design and 
        implementation of the program.
            (B) The prime sponsor shall--
                    (i) provide for the involvement in a manner that 
                recognizes parents and family members as their 
                children's primary teachers and nurturers; and
                    (ii) implement intentional strategies to engage 
                parents and family members in their children's learning 
                and development and support parent-child relationships.
            (2) Provide for implementing additional activities, other 
        than the activities described in paragraph (1), that the 
        Secretary determines to be appropriate by regulation, which 
        additional activities may include--
                    (A) activities to support family well-being related 
                to family safety, health, and economic stability, 
                including substance abuse counseling (either directly 
                or through referral to local entities), which may 
                include providing information on the effect of prenatal 
                exposure to drugs and alcohol; and
                    (B) other activities designed to facilitate a 
                partnership in the program with parents in supporting 
                the development and early learning of their child, 
                including providing--
                            (i) training in basic child care and early 
                        learning (including cognitive, social, and 
                        emotional development);
                            (ii) assistance in developing adult or 
                        family literacy and communication skills;
                            (iii) opportunities to share experiences 
                        with other parents (including parent-mentor 
                        relationships);
                            (iv) health services, including information 
                        on maternal depression and mental health;
                            (v) regular in-home or virtual visitation; 
                        or
                            (vi) family literacy services.
            (3) Provide, with respect to each participating family, a 
        family needs assessment that includes consultation with the 
        parents (including, in this paragraph, foster parents, 
        grandparents, and kinship caregivers, where applicable) in the 
        family's preferred language or through an interpreter, to the 
        extent practicable, and ensure parents have the opportunity to 
        share personal information in an environment in which the 
        parents feel safe.
            (4) Provide to parents of dual language learners outreach 
        and information, in an understandable and uniform format and, 
        to the extent practicable, in a language that the parents can 
        understand.
            (5) Promote the continued partnership in the program of the 
        parents (including, in this paragraph, foster parents, 
        grandparents, and kinship caregivers, as appropriate) of 
        children that participate in child care and early learning 
        programs in the education of their children upon transition of 
        their children to school, by working with the local educational 
        agency--
                    (A) to implement strategies and activities, 
                including providing information and training to the 
                parents--
                            (i) to help parents advocate for and 
                        promote successful transitions to kindergarten 
                        for their children, including helping parents 
                        continue to be involved in the education and 
                        development of their child, and to help parents 
                        understand and prepare to exercise their rights 
                        and responsibilities concerning the education 
                        of their children;
                            (ii) in the case of parents with children 
                        who receive services under section 619 or part 
                        C of the Individuals with Disabilities 
                        Education Act (20 U.S.C. 1419, 1431 et seq.), 
                        to collaborate with the parents, and the local 
                        agency responsible for providing such services, 
                        to support the children and parents in 
                        transitioning to a new setting in elementary 
                        school; and
                            (iii) to prepare parents--
                                    (I) to understand and work with 
                                schools in order to communicate with 
                                teachers and other school personnel;
                                    (II) to continue to support their 
                                children's learning, in an elementary 
                                school setting; and
                                    (III) to participate as appropriate 
                                in decisions relating to the education 
                                of their children and advocate for 
                                their children's needs; and
                    (B) to advocate for the local educational agency to 
                ensure that schools have a process in place to take 
                other actions, as appropriate and feasible, to support 
                the active involvement of the parents with schools, 
                school personnel, and school-related organizations.
            (6) Establish effective procedures for timely referral of 
        children with disabilities to the State or local agency 
        providing services under section 619 or part C of the 
        Individuals with Disabilities Education Act (20 U.S.C. 1419, 
        1431 et seq.), and collaboration with that agency.
            (7) Establish effective procedures--
                    (A) for providing necessary early intervention 
                services and special education and related services to 
                children with developmental delays and disabilities 
                prior to an eligibility determination by the State or 
                local agency responsible for providing services under 
                section 619 or part C of such Act; and
                    (B) in the case of a child for whom an evaluation 
                determines that the child is not eligible for early 
                intervention services or special education and related 
                services under the Individuals with Disabilities 
                Education Act (20 U.S.C. 1400), but who has a 
                documented significant delay, for partnering with 
                parents to help the parents access services and 
                supports to help address the child's identified needs 
                through health insurance or other means.
            (8) Ensure that each family with a covered child who 
        requests a placement receives one in the service area and, in 
        making the placement, recognize and take into account the 
        family's needs regarding setting (such as a family child care 
        home or center-based setting), cultural and linguistic 
        preferences, operating schedule, and preferences on location.
            (9) Provide both center-based and family child care home 
        options for child care and early learning services to families.
    (d) Program Governance.--
            (1) Advisory council.--Upon receiving designation as a 
        prime sponsor, the prime sponsor shall establish a Child Care 
        and Early Learning Advisory Council (referred to in this 
        section as a ``Council'') and maintain the Council to advise 
        the prime sponsor and assist in the coordination of program 
        services and implementation.
            (2) State council.--In the event that the prime sponsor is 
        a State, the Council shall coordinate activities with the State 
        Advisory Council on Early Childhood Education and Care 
        designated or established under section 642B(b) in the Head 
        Start Act (42 U.S.C. 9837b(b)).
            (3) Overall composition.--
                    (A) In general.--The Secretary shall establish the 
                composition requirements for the Council ensuring that 
                the Council has representation of--
                            (i) parents or family members of children 
                        served by child care and early learning 
                        programs;
                            (ii) staff and providers of child care and 
                        early learning programs, or their 
                        representatives; and
                            (iii) other relevant stakeholders.
                    (B) Representation.--Members of the Council shall 
                reflect the population served by the prime sponsor, 
                with respect to income, culture, race and ethnicity, 
                language, and status as a migrant or seasonal 
                farmworker, Indian, or Native Hawaiian.
            (4) Chairperson.--Each Council shall select its own 
        chairperson, from among the members of the Council.
            (5) Conflict of interest.--
                    (A) In general.--Members of the Council shall--
                            (i) not have a financial conflict of 
                        interest with the prime sponsor;
                            (ii) not receive compensation for serving 
                        on the Council or for providing services to the 
                        prime sponsor;
                            (iii) not be employed, nor shall members of 
                        their immediate family be employed, by a prime 
                        sponsor in the service area; and
                            (iv) as a Council, operate as an entity 
                        independent of staff employed by the prime 
                        sponsor.
                    (B) Exception.--If an individual holds a position 
                as a result of public election or political 
                appointment, and such position carries with it a 
                concurrent appointment to serve as a member of a 
                Council, and such individual has any conflict of 
                interest described in clause (ii) or (iii) of 
                subparagraph (A)--
                            (i) such individual shall not be prohibited 
                        from serving on such body and the Council shall 
                        report such conflict to the Secretary; and
                            (ii) if the position held as a result of 
                        public election or political appointment 
                        provides compensation, such individual shall 
                        not be prohibited from receiving such 
                        compensation.
            (6) Responsibilities.--The Council shall provide regular 
        advice and guidance to the prime sponsor on the basic goals, 
        policies, actions, and procedures, at a basic level, for the 
        prime sponsor relating to the child care and early learning 
        program involved, including policies with respect to planning, 
        general supervision and oversight, overall coordination, 
        personnel, budgeting, funding, and monitoring and evaluation, 
        of the programs.
    (e) Program Governance Administration.--
            (1) Impasse policies.--The Secretary shall develop 
        policies, procedures, and guidance for prime sponsors 
        concerning the resolution of internal disputes, including any 
        impasse in the governance of child care and early learning 
        programs.
            (2) Conduct of responsibilities.--Each prime sponsor shall 
        ensure the sharing of accurate and regular information for use 
        by the Council, about program planning, policies, and 
        operations.
            (3) Training and technical assistance.--Appropriate 
        training and technical assistance shall be provided to the 
        members of the Council to ensure that the members understand 
        the information the members receive and can effectively oversee 
        and participate in the child care and early learning program of 
        the prime sponsor.
    (f) Collaboration and Coordination.--On receiving designation as a 
prime sponsor, the prime sponsor shall ensure that the child care and 
early learning program is implemented in a way that promotes 
collaboration and coordination with public and private entities, to the 
maximum extent practicable, to improve the availability and quality of 
services to children and families, including implementing each of the 
following activities:
            (1) Conduct outreach to schools in which children 
        participating in the child care and early learning program will 
        enroll following the program, local educational agencies, the 
        local business community, community-based organizations, faith-
        based organizations, museums, health care providers, and 
        libraries to generate support and leverage the resources of the 
        entire local community in order to improve school readiness.
            (2) Coordinate activities and collaborate with entities 
        (including providers) carrying out programs under the Child 
        Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et 
        seq.), section 106 of the Child Abuse Prevention and Treatment 
        Act (42 U.S.C. 5106a), parts B and E of title IV of the Social 
        Security Act (42 U.S.C. 621 et seq., 670 et seq.), subtitle B 
        of title VII of the McKinney-Vento Homeless Assistance Act (42 
        U.S.C. 11431 et seq.), section 619 and part C of the 
        Individuals with Disabilities Education Act (20 U.S.C. 1419, 
        1431 et seq.), or the Head Start Act (42 U.S.C. 9831 et seq.), 
        and other entities providing early childhood education and 
        development programs or services.
            (3) Take steps to coordinate activities with the local 
        educational agency serving the service area involved and with 
        schools in which children participating in the child care and 
        early learning program will enroll following the program, 
        including--
                    (A) collaborating on the shared use of 
                transportation and facilities, in appropriate cases;
                    (B) collaborating to reduce the duplication and 
                enhance the efficiency of services while increasing the 
                program participation; and
                    (C) exchanging information on the provision of 
                noneducational services.
            (4) If there is a public preschool program in the service 
        area that is not a prime sponsor nor a participant in the child 
        care and early learning program, enter into a memorandum of 
        understanding with the local entity responsible for managing 
        the preschool program, not later than 1 year after the date of 
        enactment of this Act, that shall--
                    (A)(i) provide for a review of each of the 
                activities described in clause (ii); and
                    (ii) include plans to coordinate, as appropriate, 
                activities regarding--
                            (I) educational activities, curricular 
                        objectives, and instruction;
                            (II) public information dissemination and 
                        access to programs for families contacting the 
                        child care and early learning program or the 
                        preschool program;
                            (III) selection priorities for eligible 
                        children to be served by the child care and 
                        early learning program or any of the preschool 
                        programs;
                            (IV) service areas;
                            (V) staff training, including opportunities 
                        for joint staff training on topics such as 
                        academic content standards, instructional 
                        methods, curricula, and social and emotional 
                        development;
                            (VI) program technical assistance;
                            (VII) provision of additional services to 
                        meet the needs of parents or family members, as 
                        applicable;
                            (VIII) communications and outreach to 
                        parents and family members for smooth 
                        transitions to kindergarten as required in 
                        paragraphs (3) and (6) of section 122(a);
                            (IX) provision and use of facilities, 
                        transportation, and other program elements; and
                            (X) other elements mutually agreed to by 
                        the parties to such memorandum;
                    (B) be submitted to the Secretary and the State 
                Director of Child Care and Early Learning Program 
                Collaboration not later than 30 days after the parties 
                enter into such memorandum; and
                    (C) be revised periodically and renewed biennially 
                by the parties to such memorandum, in alignment with 
                the beginning of the school year.
        The requirements of the preceding sentence shall not apply 
        where the local entity responsible for managing the public 
        preschool program is unable or unwilling to enter into such a 
        memorandum, and the prime sponsor shall inform the Secretary 
        and the State Director of Child Care and Early Learning Program 
        Collaboration of such inability or unwillingness.
    (g) Standards, Curricula, and Assessment.--On receiving designation 
as a prime sponsor, the prime sponsor shall ensure that the child care 
and early learning program will--
            (1) take steps to ensure, to the maximum extent 
        practicable, that children maintain the developmental and 
        educational gains achieved and build upon such gains in further 
        schooling;
            (2) meet the national program standards set forth in 
        section 121(a);
            (3) implement a research-based early childhood curriculum 
        that--
                    (A) promotes young children's school readiness in 
                the areas listed in section 121(a)(4)(A)(ii);
                    (B) is based on scientifically valid research and 
                has standardized training procedures and curriculum 
                materials to support implementation;
                    (C) is comprehensive and linked to an ongoing 
                assessment and aligned with State early learning 
                standards, within the meaning of section 637 of the 
                Head Start Act (42 U.S.C. 9832), which is conducted not 
                more than twice a year, with developmental and learning 
                goals and measurable objectives; and
                    (D) is focused on improving the learning 
                environment, teaching practices, parent and family 
                member involvement, and child outcomes across all areas 
                of development;
            (4) implement effective interventions and support services 
        that help promote the school readiness of children 
        participating in the child care and early learning program 
        involved;
            (5) use research-based assessment methods, including such 
        methods that provide proven results regardless of culture, race 
        or ethnicity, or language spoken at home, in order to support 
        the educational instruction and school readiness of children in 
        the program;
            (6) use research-based developmental screening tools that 
        have been demonstrated to be--
                    (A) standardized, reliable, valid, and accurate for 
                the child being assessed, to the maximum extent 
                practicable; and
                    (B) age, developmentally, culturally, and 
                linguistically appropriate, for the child and, if 
                relevant, appropriate for children with disabilities;
            (7) adopt, in consultation with experts in child care and 
        early learning and with classroom teachers, a non-punitive 
        evaluation to assess classroom teachers and to inform 
        professional development plans, as appropriate, that leads to 
        improved teacher effectiveness;
            (8) establish goals and measurable objectives for the 
        provision of health, educational, nutritional, social services, 
        and other services provided under this title and related to the 
        program mission and to promoting school readiness;
            (9) develop procedures for identifying and promoting the 
        language knowledge and skills of dual language learner 
        children; and
            (10) not use funds to develop or implement an assessment 
        for children that--
                    (A) will be used as the sole basis for a child care 
                and early learning provider being determined to be 
                ineligible to participate in the program carried out 
                under this title;
                    (B) will be used as the primary or sole basis for 
                providing a reward or sanction for an individual 
                provider;
                    (C) will be used as the primary or sole basis for 
                assessing program effectiveness; or
                    (D) will be used to deny children eligibility to 
                participate in the program carried out under this 
                title.
    (h) Exceptions.--Nothing in this title shall preclude a State from 
using a single assessment (as determined by the State) for children 
for--
            (1) supporting learning or improving a classroom 
        environment;
            (2) targeting professional development to a provider;
            (3) determining the need for health, mental health, 
        disability, developmental delay, or family support services;
            (4) obtaining information for the quality improvement 
        process at the State level; or
            (5) conducting a program evaluation for the purposes of 
        improving the program and providing information to parents.
    (i) Funded Enrollment.--Each prime sponsor shall enroll 100 percent 
of its funded enrollment, with ongoing outreach to the community and 
activities to identify underserved populations.
    (j) Sliding Fee Scale.--
            (1) In general.--With respect to child care and early 
        learning services provided through the program, a prime 
        sponsor--
                    (A) shall not charge a fee with respect to any low-
                income child; and
                    (B) may charge a fee with respect to any child who 
                is not a low-income child, in accordance with the 
                sliding fee scale described in paragraph (2) and 
                subject to paragraph (3).
            (2) Sliding fee scale.--A fee under this subsection shall 
        be charged based on a sliding fee scale as follows:
                    (A) With respect to a child who is in a family with 
                a family income that is more than 200 percent of the 
                poverty line but not more than 250 percent of the 
                poverty line, the fee under this subsection shall not 
                exceed 1 percent of the family income.
                    (B) With respect to a child who is in a family with 
                a family income that is more than 250 percent of the 
                poverty line but not more than 300 percent of the 
                poverty line, the fee under this subsection shall not 
                exceed 2 percent of the family income.
                    (C) With respect to a child who is in a family with 
                a family income that is more than 300 percent of the 
                poverty line but not more than 350 percent of the 
                poverty line, the fee under this subsection shall not 
                exceed 3 percent of the family income.
                    (D) With respect to a child who is in a family with 
                a family income that is more than 350 percent of the 
                poverty line but not more than 400 percent of the 
                poverty line, the fee under this subsection shall not 
                exceed 4 percent of the family income.
                    (E) With respect to a child who is in a family with 
                a family income that is more than 400 percent of the 
                poverty line but not more than 450 percent of the 
                poverty line, the fee under this subsection shall not 
                exceed 5 percent of the family income.
                    (F) With respect to a child who is in a family with 
                a family income that is more than 450 percent of the 
                poverty line but not more than 500 percent of the 
                poverty line, the fee under this subsection shall not 
                exceed 6 percent of the family income.
                    (G) With respect to a child who is in a family with 
                a family income that is more than 500 percent of the 
                poverty line, the fee under this subsection shall not 
                exceed 7 percent of the family income.
            (3) Fee percentage applicable regardless of number of 
        children served.--The total fee for a family that is subject to 
        the fee under this subsection and has more than 1 child served 
        through the program--
                    (A) may increase as the family enters the second or 
                a further child in the program; but
                    (B) may not be greater than the fee allowed under 
                paragraph (2).
    (k) Parent Boards.--The prime sponsor shall require the 
establishment, at each child care and early learning center, of a board 
of parents, to be composed of parents and family members of children 
attending the center. The board shall meet periodically with staff of 
the center for the purpose of discussing problems and concerns.
    (l) Rules of Construction.--Nothing in this title shall be 
construed to alter or otherwise affect the rights, remedies, and 
procedures afforded to staff of child care and early learning programs 
or delegate providers, or employees of public schools, or local 
educational agencies, under Federal, State, tribal, or local laws 
(including applicable regulations or court orders) or under the terms 
of collective bargaining agreements, memoranda of understanding, or 
other agreements between such staff or employees, and the corresponding 
program, provider, school, or agency.

SEC. 115. DELEGATE PROVIDERS.

    (a) In General.--A prime sponsor may use financial assistance made 
available under section 112(a)(1) to enter into an agreement with a 
delegate provider to carry out services as part of the child care and 
early learning program.
    (b) Application.--To be able to receive financial assistance under 
subsection (a) for a fiscal year as a delegate provider to carry out 
services as part of the child care and early learning program, a public 
or private agency or organization shall submit a delegate provider 
application to a prime sponsor, at such time and in such manner as the 
prime sponsor may require, that provides--
            (1) that the delegate provider applicant is an entity that 
        is a locality, local educational agency, faith-based 
        organization, public or private nonprofit or for-profit agency 
        or organization, family child care network or association, 
        employer or business organization, labor union, employee or 
        labor-management organization, home-based child care provider, 
        or public or private educational agency or institution; and
            (2) that the entity will provide for such fiscal control 
        and fund accounting procedures as the Secretary shall prescribe 
        to assure proper disbursement of and accounting for Federal 
        funds.
    (c) Approval.--A delegate provider application may be approved by a 
prime sponsor upon its determination that such application meets the 
requirements of this section and that the services to be provided will 
otherwise further the objectives and satisfy the appropriate provisions 
of the prime sponsor's child care and early learning plan as approved 
pursuant to section 114. On approval of the application, the entity 
shall be considered to be a delegate provider, for purposes of this 
title.
    (d) Family and Community Involvement.--Prime sponsors shall involve 
parents, family members, and community members in the selection process 
of delegate providers.

                         Subtitle B--Standards

SEC. 121. NATIONAL PROGRAM STANDARDS, MONITORING OF CHILD CARE AND 
              EARLY LEARNING PROGRAMS.

    (a) Standards for Child Care and Early Learning Services.--
            (1) Issuance.--
                    (A) National program standards.--Within 18 months 
                after the date of enactment of this Act, the Secretary 
                shall, after consultation with other Federal agencies, 
                and on the basis of the recommendations of the 
                Committee established pursuant to paragraph (3), issue 
                a common set of national program standards which shall 
                be applicable to all prime sponsors, with respect to 
                their child care and early learning programs providing 
                child care and early learning services with financial 
                assistance under this title, to be known as the 
                ``Federal Standards for Child Care and Early Learning 
                Services''.
                    (B) Baseline for knowledge, skills, and 
                competencies.--The standards shall establish a baseline 
                threshold for knowledge, skills, and competencies for 
                child care and early learning teachers and staff that--
                            (i) shall be aligned with compensation 
                        levels;
                            (ii) shall be phased in; and
                            (iii) shall be determined by the Secretary 
                        to be in alignment with the knowledge, skills, 
                        and competency expectations of the child care 
                        and early learning, or early childhood 
                        education, profession.
            (2) Comprehensiveness.--As appropriate and practicable, the 
        Secretary shall make efforts to ensure that the Federal 
        Standards for Child Care and Early Learning Services are as 
        comprehensive as the Head Start program performance standards 
        in section 641A(a) of the Head Start Act (42 U.S.C. 9836a(a)), 
        and the performance standards for providers and programs issued 
        under the military child care program.
            (3) Special committee.--
                    (A) Appointment.--The Secretary shall, within 60 
                days after the date of enactment of this Act, appoint a 
                Special Committee on Federal Standards for Child Care 
                and Early Learning Services.
                    (B) Composition.--The Committee shall include--
                            (i) parents or legal guardians of children 
                        participating in child care and early learning 
                        programs;
                            (ii) representatives of prime sponsors 
                        carrying out child care and early learning 
                        programs;
                            (iii) representatives of staff of child 
                        care and early learning programs, including 
                        teachers;
                            (iv) representatives of tribes and tribal 
                        organizations carrying out child care and early 
                        learning programs on Indian land;
                            (v) representatives of family child care 
                        home providers, staff and employers for center-
                        based child care and early learning programs, 
                        and family child care home providers in child 
                        care and early learning programs; and
                            (vi) specialists covering the areas of 
                        child care and early learning quality, 
                        workforce preparation, working conditions, and 
                        wages, and early childhood development.
                    (C) Diversity.--The Secretary shall ensure that the 
                membership of the Committee is diverse with regard to 
                culture, race and ethnicity, and language.
                    (D) Duties.--Such Committee shall recommend Federal 
                Standards for Child Care and Early Learning Services 
                and modifications of such standards as provided in 
                paragraph (1).
            (4) Content of standards.--The standards shall include--
                    (A) performance standards with respect to services 
                required to be provided, including health, nutritional, 
                and social services, and other services, including 
                parental and family member involvement services and 
                transition activities described in section 122;
                    (B) scientifically based and developmentally 
                appropriate early development and learning performance 
                standards related to school readiness to ensure that 
                the children participating in the child care and early 
                learning program, at a minimum, develop and 
                demonstrate--
                            (i) language knowledge and skills, 
                        including oral language and listening 
                        comprehension;
                            (ii) literacy knowledge and skills, 
                        including phonological awareness, print 
                        awareness and skills, and alphabetic knowledge;
                            (iii) mathematics knowledge and skills;
                            (iv) science knowledge and skills;
                            (v) cognitive abilities that support 
                        academic achievement and child care and early 
                        learning;
                            (vi) approaches to learning related to 
                        child care and early learning;
                            (vii) social and emotional development 
                        sufficient to be a foundation for early 
                        learning, school success, and social problem-
                        solving;
                            (viii) creative arts expression;
                            (ix) physical development; and
                            (x) in the case of dual language learner 
                        children, progress toward language knowledge 
                        and development, including progress made 
                        through the use of culturally and 
                        linguistically appropriate instructional 
                        services;
                    (C) administrative and financial management 
                standards;
                    (D) standards relating to the condition and 
                location of facilities (including indoor air quality 
                assessment standards, where appropriate) for such prime 
                sponsors, including regulations that require that the 
                facilities used for child care and early learning 
                programs for regularly scheduled center-based and 
                combination program option classroom activities--
                            (i) shall meet or exceed State and local 
                        requirements concerning licensing for such 
                        facilities; and
                            (ii) shall be accessible by State and local 
                        authorities for purposes of monitoring and 
                        ensuring compliance, unless State or local laws 
                        prohibit such access;
                    (E) standards related to the work environment, 
                including standards for the health and safety, and 
                well-being, of teachers and other staff in the child 
                care and early learning programs; and
                    (F) such other standards as the Secretary finds to 
                be appropriate.
            (5) Considerations regarding standards.--In developing 
        standards required under paragraph (1), the Secretary shall--
                    (A) consult with experts in the fields of child 
                care and early learning, early childhood education, 
                child health care, family services (including 
                linguistically and culturally appropriate services to 
                dual language learner children and their families), 
                administration, and financial management, and with 
                persons with experience in the operation of child care 
                and early learning programs;
                    (B) take into consideration--
                            (i) past experience with use of the 
                        standards in effect under the Head Start Act 
                        (42 U.S.C. 9831 et seq.) on the date of 
                        enactment of the Improving Head Start for 
                        School Readiness Act of 2007;
                            (ii) developments concerning research-based 
                        practices with respect to early childhood 
                        education and development, children with 
                        disabilities, homeless children, children in 
                        foster care, and family services, and best 
                        practices with respect to program 
                        administration and financial management;
                            (iii) appropriateness of standards for 
                        prime sponsors with respect to their programs, 
                        recognizing differences in types of settings 
                        (including center-based and home-based 
                        settings), geography of the service area, and 
                        the culture, language, and age distribution of 
                        the children served;
                            (iv) projected needs of expanding child 
                        care and early learning programs;
                            (v) guidelines and standards that promote 
                        child health and physical development, 
                        including participation in outdoor activity 
                        that supports children's motor development and 
                        overall health and nutrition;
                            (vi) changes in the characteristics of the 
                        population of children who are accessing child 
                        care and early learning programs, including 
                        country of origin, language background, and 
                        family structure of such children, and changes 
                        in the population and number of such children 
                        who are in foster care or are homeless 
                        children;
                            (vii) mechanisms to ensure that children 
                        participating in child care and early learning 
                        programs make a successful transition to the 
                        schools that the children will be attending;
                            (viii) the need for prime sponsors to 
                        maintain regular communications with parents 
                        and family members, including conducting 
                        periodic meetings to discuss the progress of 
                        individual children in child care and early 
                        learning programs;
                            (ix) the unique challenges faced by 
                        individual programs, including those programs 
                        that are seasonal or short-term and those 
                        programs that serve rural populations;
                            (x) the degree to which standards are 
                        streamlined and minimize administrative burdens 
                        on child care and early learning program 
                        providers;
                            (xi) the depth of demonstrated skills, 
                        experiences, and linguistic, cultural, and 
                        racial and ethnic, diversity of providers for 
                        child care and early learning programs; and
                            (xii) the input of parents and family 
                        members;
                    (C)(i) review and revise as necessary the standards 
                in effect under this subsection; and
                    (ii) ensure that any such revisions in the 
                standards will not result in the elimination of or any 
                reduction in quality, scope, or types of health, 
                educational, nutritional, social, or other services, 
                including parental and family member involvement 
                services, required to be provided under such standards 
                as in effect on the date of enactment of this Act; and
                    (D) consult with appropriate officials from Indian 
                tribes and tribal organizations, experts in Indian or 
                Native Hawaiian early childhood education and 
                development, linguists, and associations related to 
                child care and early learning programs providing 
                services for children belonging to Indian tribes or 
                Native Hawaiian children, on the review and 
                promulgation of standards under paragraph (1) 
                (including standards for Indian or Native Hawaiian, as 
                the case may be, language acquisition and school 
                readiness).
            (6) Adequate time to meet standards.--The Secretary shall 
        establish an effective date for the standards that allows 
        adequate time for prime sponsors to meet the standards after 
        they have been issued.
    (b) Uniform Code for Facilities.--
            (1) Establishment of special committee.--The Secretary 
        shall, within 60 days after the date of enactment of this Act, 
        appoint a special committee to develop and recommend a uniform 
        code for facilities, to be used as described in paragraph (4). 
        The standards in the code shall deal principally with those 
        aspects of facilities that are essential to the health, safety, 
        and physical comfort of the children involved and the aspects 
        of facilities that are related to the Federal Standards for 
        Child Care and Early Learning Services under subsection (a)(1). 
        In recommending the provisions of the code, the Secretary shall 
        take into consideration the differences between child care 
        centers and family child care homes.
            (2) Composition of committee.--The special committee 
        appointed under this subsection shall include parents or family 
        members of children participating in child care and early 
        learning programs and representatives of State and local 
        facility licensing agencies, of public health officials, of 
        fire prevention officials, of the construction industry and 
        labor unions, of prime sponsors, of center-based providers and 
        family child care home providers, and of national agencies or 
        organizations interested in the development of children. Not 
        less than one-half of the membership of the committee shall 
        consist of parents or family members of children participating 
        in child care and early learning programs conducted under this 
        title.
            (3) Proposed code.--Within 1 year after its appointment, 
        the special committee--
                    (A) shall develop standards for a proposed uniform 
                code for facilities in which child care and early 
                learning services are provided; and
                    (B) shall hold public hearings on the proposed code 
                prior to submitting its final recommendation to the 
                Secretary for approval.
            (4) Promulgation.--After considering the recommendations 
        submitted by the special committee in accordance with paragraph 
        (3), the Secretary shall promulgate standards for a uniform 
        code described in paragraph (3)(A), which shall be applicable 
        to all facilities receiving Federal financial assistance under 
        this title. If the Secretary disapproves the committee's 
        recommendations, the Secretary shall state the reasons for the 
        disapproval. The Secretary shall also distribute such standards 
        and urge their adoption by States and local governments for 
        facilities in which child care and early learning services are 
        provided. The Secretary may from time to time modify the 
        uniform code for facilities in accordance with procedures set 
        forth in this subsection.
            (5) Adequate time to meet facilities code.--The Secretary 
        shall establish an effective date for the code that allows 
        adequate time for prime sponsors to meet the code after it has 
        been promulgated.
            (6) State code for facilities.--Paragraphs (1) through (5) 
        shall not apply in a State for which the Secretary, after 
        consultation with the special committee referred to in 
        paragraph (2), makes a determination that the State's uniform 
        code for facilities or a similar facilities code or set of 
        standards that applies to centers and family child care homes 
        that participate in a child care and early learning program 
        under this title, is sufficient to meet the health, safety, and 
        physical comfort goals of this subsection.
    (c) Measures.--
            (1) In general.--The Secretary, in consultation with 
        representatives of child care and early learning programs, 
        Indian tribes and tribal organizations, parents and family 
        members of children in such programs, and teachers and other 
        staff in such programs, and with experts in the fields of early 
        childhood education and development, family services, and 
        program management, shall use the study on Developmental 
        Outcomes and Assessments for Young Children by the National 
        Academy of Sciences, consistent with section 649(j) of the Head 
        Start Act (42 U.S.C. 9844(j)), and other relevant research to 
        establish, inform, revise, and provide guidance to prime 
        sponsors for utilizing, scientifically based measures that 
        support, as appropriate--
                    (A) classroom instructional practices and, for 
                infants and toddlers, responsive caregiving practices 
                that support early learning and development;
                    (B) identification of children with special needs;
                    (C) program evaluation; and
                    (D) administrative and financial management 
                practices.
            (2) Characteristics of measures.--The measures under this 
        subsection shall--
                    (A) be developmentally, linguistically, and 
                culturally appropriate for the population served;
                    (B) be reviewed periodically, based on advances in 
                the science of early childhood development;
                    (C) be consistent with relevant, nationally 
                recognized professional and technical standards related 
                to the assessment of young children;
                    (D) be valid and reliable in the language in which 
                the measures are administered;
                    (E) be administered by staff with appropriate 
                training for such administration;
                    (F) provide for appropriate accommodations for 
                children with disabilities and dual language learner 
                children;
                    (G) be high-quality research-based measures that 
                have been demonstrated to assist with the purposes for 
                which the measures were devised; and
                    (H) be adaptable, as appropriate, for use in the 
                self-assessment of prime sponsors, including in the 
                evaluation of administrative and financial management 
                practices.
            (3) Use of measures; limitations on use.--
                    (A) Use.--The measures shall be designed, as 
                appropriate, for the purpose of--
                            (i) helping to develop the skills, 
                        knowledge, abilities, and development described 
                        in subsection (a)(4)(A)(ii) of children 
                        participating in child care and early learning 
                        programs, with an emphasis on measuring skills 
                        that scientifically valid research has 
                        demonstrated are related to children's school 
                        readiness and later success in school;
                            (ii) improving classroom practices, 
                        including reviewing children's strengths and 
                        weaknesses and individualizing instruction to 
                        better meet the needs of the children involved 
                        and, for infants and toddlers, ensuring the 
                        opportunity for one-on-one interaction that 
                        facilitates early learning and development;
                            (iii) identifying the special needs of 
                        children; and
                            (iv) improving overall program performance 
                        in order to help prime sponsors identify 
                        problem areas that may require additional 
                        training and technical assistance resources.
                    (B) Limitations.--Such measures shall not be used 
                for an assessment for children that--
                            (i) will be used as the sole basis for a 
                        child care and early learning provider being 
                        determined to be ineligible to participate in 
                        the program carried out under this title;
                            (ii) will be used as the primary or sole 
                        basis for providing a reward or sanction for an 
                        individual provider;
                            (iii) will be used as the primary or sole 
                        basis for assessing program effectiveness; or
                            (iv) will be used to deny children 
                        eligibility to participate in the program 
                        carried out under this title.
                    (C) Exceptions.--Nothing in this subchapter shall 
                preclude a State from using a single assessment (as 
                determined by the State) for children for--
                            (i) supporting learning or improving a 
                        classroom environment;
                            (ii) targeting professional development to 
                        a provider;
                            (iii) determining the need for health, 
                        mental health, disability, developmental delay, 
                        or family support services;
                            (iv) obtaining information for the quality 
                        improvement process at the State level; or
                            (v) conducting a program evaluation for the 
                        purposes of improving the program and providing 
                        information to parents.
            (4) Confidentiality.--
                    (A) In general.--The Secretary, through regulation, 
                shall ensure the confidentiality of any personally 
                identifiable data, information, and records collected 
                or maintained under this title by the Secretary and any 
                prime sponsors. Such regulations shall provide the 
                policies, protections, and rights equivalent to those 
                provided to a parent, student, and educational agency 
                or institution, as the case may be, under section 444 
                of the General Education Provisions Act (20 U.S.C. 
                1232g).
                    (B) Rule of construction on nationwide database.--
                Nothing in this subsection shall be construed to 
                authorize the development of a nationwide database of 
                personally identifiable data, information, or records 
                on children resulting from the use of measures under 
                this subsection.
            (5) Special rule.--
                    (A) Prohibition.--The use of assessment items and 
                data on any assessment authorized under this title by 
                any agent of the Federal Government is prohibited for 
                the purposes of--
                            (i) ranking, comparing, or otherwise 
                        evaluating individual children for purposes 
                        other than research, training, or technical 
                        assistance; and
                            (ii) providing rewards or sanctions for 
                        individual children or teachers.
                    (B) Results.--The Secretary shall not use the 
                results of a single such assessment as the sole method 
                for assessing program effectiveness or making agency 
                funding determinations at the national, regional, or 
                local level under this title.
    (d) Monitoring of Local Prime Sponsors and Child Care and Early 
Learning Programs.--The Secretary, in consultation with representatives 
of child care and early learning programs, Indian tribes and tribal 
organizations, parents and family members of children in such programs, 
teachers and other staff in such programs, and with experts in the 
fields of early childhood education and development, family services, 
and program management, shall establish and implement monitoring 
procedures for prime sponsors and their child care and early learning 
programs (which may be based on the Head Start program monitoring 
procedures described in section 641A(c) of the Head Start Act (42 
U.S.C. 9836a(c)), and the monitoring procedures being implemented for 
the military child care program)--
            (1) to determine whether prime sponsors meet standards 
        described in subsection (a)(1) established under this title 
        with respect to program, administrative, financial management, 
        and other requirements; and
            (2) in order to help the prime sponsors identify areas for 
        improvement and areas of strength as part of their ongoing 
        self-assessment process.
    (e) Corrective Action for Prime Sponsors.--
            (1) Determination.--If the Secretary determines, on the 
        basis of a review pursuant to subsection (d), that a prime 
        sponsor designated pursuant to this title fails to meet the 
        standards described in subsection (a)(1), the Secretary shall--
                    (A) inform the prime sponsor of the deficiencies 
                that shall be corrected and identify the assistance to 
                be provided consistent with paragraph (3);
                    (B) with respect to each identified deficiency, 
                require the prime sponsor--
                            (i) to correct the deficiency immediately, 
                        if the Secretary finds that the deficiency 
                        threatens the health or safety of staff or 
                        program participants or poses a threat to the 
                        integrity of Federal funds;
                            (ii) to correct the deficiency not later 
                        than 90 days after the identification of the 
                        deficiency if the Secretary finds, in the 
                        discretion of the Secretary, that such a 90-day 
                        period is reasonable, in light of the nature 
                        and magnitude of the deficiency; or
                            (iii) in the discretion of the Secretary 
                        (taking into consideration the seriousness of 
                        the deficiency and the time reasonably required 
                        to correct the deficiency), to comply with the 
                        requirements of paragraph (2) concerning a 
                        quality improvement plan; and
                    (C) initiate proceedings to terminate the 
                designation of the prime sponsor unless the prime 
                sponsor corrects the deficiency.
            (2) Quality improvement plan.--
                    (A) Prime sponsor and program responsibilities.--To 
                retain a designation as a prime sponsor under this 
                title, a prime sponsor that is the subject of a 
                determination described in paragraph (1) (excluding a 
                prime sponsor required to correct a deficiency 
                immediately or during a 90-day period under clause (i) 
                or (ii) of paragraph (1)(B)) shall--
                            (i) develop in a timely manner, a quality 
                        improvement plan that shall be subject to the 
                        approval of the Secretary, and that shall 
                        specify--
                                    (I) the deficiencies to be 
                                corrected;
                                    (II) the actions to be taken to 
                                correct such deficiencies; and
                                    (III) the timetable for 
                                accomplishment of the corrective 
                                actions specified; and
                            (ii) correct each deficiency identified, 
                        not later than the date for correction of such 
                        deficiency specified in such plan (which shall 
                        not be later than 1 year after the date the 
                        prime sponsor that is determined to have a 
                        deficiency received notice of the determination 
                        and of the specific deficiency to be 
                        corrected).
                    (B) Secretarial responsibility.--Not later than 30 
                days after receiving from a prime sponsor a proposed 
                quality improvement plan pursuant to subparagraph (A), 
                the Secretary shall either approve such proposed plan 
                or specify the reasons why the proposed plan cannot be 
                approved.
            (3) Training and technical assistance.--The Secretary shall 
        provide training and technical assistance to the prime sponsor 
        with respect to the development or implementation of such 
        quality improvement plans to the extent the Secretary finds 
        such provision to be feasible and appropriate given available 
        funding and other statutory responsibilities.
    (f) Summaries of Monitoring Outcomes.--
            (1) In general.--Not later than 120 days after the end of 
        each fiscal year, the Secretary shall publish a summary report 
        on the findings of reviews conducted under subsection (d) and 
        on the outcomes of quality improvement plans implemented under 
        subsection (e), during such fiscal year.
            (2) Report availability.--Such report shall be made widely 
        available to--
                    (A) parents and family members with children 
                receiving assistance under this title--
                            (i) in an understandable and uniform 
                        format; and
                            (ii) to the extent practicable, in a 
                        language that the parents and family members 
                        understand;
                    (B) the public through means such as--
                            (i) distribution through public agencies; 
                        and
                            (ii) posting such information on the 
                        Internet; and
                    (C) Indian tribes and tribal organizations.
            (3) Report information.--Such report shall contain detailed 
        data--
                    (A) on compliance with specific standards and 
                measures; and
                    (B) sufficient to allow prime sponsors to use such 
                data to improve the quality of their programs.
    (g) Self-Assessment.--
            (1) In general.--Not less frequently than once each program 
        year, with the consultation and participation of the Child Care 
        and Early Learning Council and, as appropriate, other 
        interested persons in the service area, each prime sponsor that 
        receives financial assistance under this title shall conduct a 
        comprehensive self-assessment of its effectiveness and progress 
        in meeting program goals and objectives and in implementing and 
        complying with standards described in subsection (a)(1).
            (2) Ongoing monitoring.--Each prime sponsor shall establish 
        and implement procedures for the ongoing monitoring of its 
        child care and early learning program, to ensure that the 
        operations of the program work toward meeting program goals and 
        objectives and implementing and complying with standards 
        described in subsection (a)(1).
    (h) Accreditation.--The Secretary shall require that each child 
care and early learning center meet, not later than 6 years after 
receiving financial assistance under this title, standards of operation 
necessary for accreditation by an appropriate national early childhood 
programs accreditation body that was in existence on the date of 
enactment of this Act.

SEC. 122. PRIME SPONSOR ALIGNMENT WITH K-12 EDUCATION.

    (a) In General.--Each prime sponsor shall take steps to coordinate 
with the local educational agency serving the service area and with 
schools in which children participating in a child care and early 
learning program will enroll following such program to promote 
continuity of services and effective transitions, including--
            (1) developing and implementing a systematic procedure for 
        transferring, with parental consent, child care and early 
        learning program records for each participating child to the 
        school in which such child will enroll;
            (2) establishing ongoing channels of communication between 
        child care and early learning program staff and their 
        counterparts in the schools (including teachers, social 
        workers, local educational agency liaisons designated under 
        section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), and health 
        staff) to facilitate coordination of programs;
            (3) establishing ongoing communications between the prime 
        sponsor and local educational agency for developing continuity 
        of developmentally appropriate curricular objectives and for 
        shared expectations for children's learning and development as 
        the children transition to school;
            (4) organizing and participating in joint training, 
        including transition-related training for school staff and 
        child care and early learning program staff;
            (5) establishing comprehensive transition policies and 
        procedures that support children transitioning to school, 
        including by engaging the local educational agency in the 
        establishment of such policies;
            (6) conducting outreach to parents and elementary school 
        (such as kindergarten) teachers to discuss the educational, 
        developmental, and other needs of individual children;
            (7) helping parents of dual language learner children 
        understand--
                    (A) the instructional and other services provided 
                by the school in which such child will enroll after 
                participation in the child care and early learning 
                program; and
                    (B) as appropriate, the information provided to 
                parents of dual language learners under section 
                1112(e)(3) of the Elementary and Secondary Education 
                Act of the 1965 (20 U.S.C. 6312(e)(3));
            (8) developing and implementing a family outreach and 
        support program, in cooperation with entities carrying out 
        parent and family engagement efforts under title I of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 
        et seq.), and family outreach and support efforts under 
        subtitle B of title VII of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11431 et seq.), taking into 
        consideration the language needs of parents of dual language 
        learner children;
            (9) assisting families, administrators, and teachers in 
        enhancing educational and developmental continuity and 
        continuity of parental involvement in activities between child 
        care and early learning services and elementary school classes;
            (10) linking the services provided in such child care and 
        early learning program with educational services, including 
        services relating to language, literacy, and numeracy, provided 
        by such local educational agency;
            (11) helping parents (including in this paragraph 
        grandparents and kinship caregivers, as appropriate) to 
        understand the importance of parental involvement in a child's 
        academic success while teaching the parents strategies for 
        maintaining parental involvement as their child moves from a 
        child care and early learning program to elementary school;
            (12) helping parents understand the instructional and other 
        services provided by the school in which their child will 
        enroll after participation in the child care and early learning 
        program; and
            (13) developing and implementing a system to increase child 
        care and early learning program participation of underserved 
        populations of eligible children.
    (b) Dissemination and Technical Assistance.--The Secretary shall--
            (1) disseminate to prime sponsors information on effective 
        policies and activities relating to the transition of children 
        from child care and early learning programs to public schools; 
        and
            (2) provide technical assistance to such prime sponsors to 
        promote and assist such prime sponsors to adopt and implement 
        such effective policies and activities.

SEC. 123. ADEQUATE NUTRITION SERVICES.

    In accordance with the purposes of this title, the Secretary shall 
establish procedures to assure that adequate nutrition services will be 
provided in child care and early learning programs under this title. In 
assuring the provision of those services, the Secretary may enter into 
an arrangement with the Secretary of Agriculture to make use of the 
summer food service program and the child and adult care food program 
carried out under sections 13 and 17 of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1761, 1766) and relevant programs under the 
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), to the fullest 
extent appropriate and consistent with the provisions of such Acts.

SEC. 124. PARTICIPATION IN CHILD CARE AND EARLY LEARNING PROGRAMS.

    (a) In General.--The Secretary shall by regulation prescribe 
eligibility for the participation of persons in child care and early 
learning programs assisted under this title.
    (b) Eligible Ages.--Such regulation shall provide that all children 
who are not younger than the age of 6 weeks and are younger than the 
age of compulsory school attendance shall be eligible regardless of 
family income, disability status, citizenship status, employment of a 
family member, or circumstance.
    (c) Prime Sponsor Eligibility Determination Responsibilities.--A 
prime sponsor shall--
            (1) determine eligibility under this title based on 
        standards prescribed by the Secretary under subsection (a);
            (2) not establish more stringent or exclusive requirements 
        for eligibility under this title than the eligibility standards 
        prescribed by the Secretary; and
            (3) serve all families that request child care and early 
        learning services through the prime sponsor's program.

                       Subtitle C--Administration

SEC. 131. THE OFFICE OF CHILD CARE.

    (a) Principal Agency.--The Office of Child Care of the Department 
of Health and Human Services shall be the principal agency of the 
Department for the administration of this title and for the 
coordination of child care and early learning programs and other 
activities relating to child care and early learning.
    (b) Coordination of Child Care Programs.--
            (1) In general.--
                    (A) Department of health and human services.--The 
                Secretary shall take all necessary action to coordinate 
                child care and early learning programs under the 
                Secretary's jurisdiction, including with the Office of 
                Head Start.
                    (B) Department of education.--The Secretary shall 
                take all necessary action to coordinate such programs 
                with the Department of Education.
            (2) Regulations.--The Secretary shall promulgate 
        regulations to assure that entities that are funded by the 
        Department of Health and Human Services to carry out activities 
        relating to child care and early learning will coordinate the 
        activities with the programs carried out under this title.
            (3) Technical assistance.--The Secretary shall ensure that 
        joint technical assistance efforts will result in the 
        development of coordinated efforts--
                    (A) between the offices within the Department of 
                Health and Human Services; and
                    (B) between the Department of Health and Human 
                Services and other Federal agencies, including the 
                Department of Education, that carry out those 
                activities.
    (c) Procedures, Policies, Regulations.--The Secretary may establish 
such procedures, policies, and regulations as may be necessary to carry 
out this title.

SEC. 132. ADMINISTRATIVE REQUIREMENTS AND STANDARDS.

    (a) Requirements and Standards.--
            (1) In general.--The Secretary shall establish 
        administrative requirements and standards consistent with the 
        requirements and standards described in subsections (a) through 
        (f), and (h), of section 644 of the Head Start Act (42 U.S.C. 
        9839). The established requirements and standards shall apply 
        to the child care and early learning programs carried out under 
        this title, and the prime sponsors carrying out such programs, 
        as the case may be.
            (2) Adjustments.--The Secretary may make such adjustments 
        to the requirements, standards, qualifications, development 
        activities, and limitations specified in paragraph (1) and 
        sections 133(a), 134, 136(a), 139, and 141, as may be necessary 
        to ensure effective administration of this title.
            (3) Administrative controls.--The Secretary shall prescribe 
        regulations to assure that programs under this title have 
        adequate internal administrative controls, accounting 
        requirements, personnel standards, evaluation procedures, and 
        other policies as may be necessary to promote the effective use 
        of funds.
    (b) Facilities.--
            (1) Owned or leased by federal agencies.--The Secretary, 
        after consultation with other appropriate officials of the 
        Federal Government, shall within 16 months after the date of 
        enactment of this Act prepare and submit to Congress a report 
        that--
                    (A) describes the extent to which facilities owned 
                or leased by Federal agencies (including departments) 
                could be made available to prime sponsors, through 
                appropriate arrangements, for use as facilities for 
                child care and early learning programs under this title 
                during times and periods when the owned or leased 
                facilities are not utilized fully for their usual 
                purposes; and
                    (B) the Secretary's recommendations (including 
                recommendations for changes through legislation) or 
                proposed actions for such use.
            (2) Owned or leased in service area.--The Secretary shall 
        require, as a condition for the receipt of financial assistance 
        under this title, that any prime sponsor under this title agree 
        to conduct a review and prepare and submit to the Secretary a 
        report that--
                    (A) describes the extent to which facilities owned 
                or leased by such prime sponsor, or by other 
                organizations in the service area, could be made 
                available, through appropriate arrangements, for use as 
                facilities for child care and early learning programs 
                under this title during times and periods when the 
                owned or leased facilities are not utilized fully for 
                their usual purposes; and
                    (B) the prime sponsor's proposed actions for such 
                use.
    (c) Capital Expenditures.--
            (1) Construction.--Upon a determination by the Secretary 
        that suitable facilities (including public school facilities) 
        are not otherwise available to prime sponsors to carry out 
        child care and early learning programs, that the lack of 
        suitable facilities will inhibit the operation of such 
        programs, and that construction of such facilities is more cost 
        effective than purchase of available facilities or renovation, 
        the Secretary, in the discretion of the Secretary, may 
        authorize the use of financial assistance under this title to 
        make payments for capital expenditures related to construction 
        of facilities that will be used to carry out such programs. The 
        Secretary shall establish uniform procedures for prime sponsors 
        to request approval for such payments, and shall promote, to 
        the extent practicable, the collocation of child care and early 
        learning programs with other programs serving children and 
        families.
            (2) Construction, renovation, vehicle purchase.--Such 
        payments may be used for capital expenditures (including paying 
        the cost of amortizing the principal, and paying interest on, 
        loans) such as expenditures for--
                    (A) construction of facilities that are not in 
                existence on the date of the determination, if such 
                construction is more cost effective than purchase or 
                renovation;
                    (B) major renovation of facilities in existence on 
                such date, if major renovation is more cost effective 
                than purchase, construction, or minor renovation; and
                    (C) purchase of vehicles used for programs 
                conducted at child care and early learning program 
                facilities eligible for a payment under this 
                subsection.
            (3) Wages for construction or renovation.--All laborers and 
        mechanics employed by contractors or subcontractors in the 
        construction or renovation of facilities to be used to carry 
        out child care and early learning programs under this title 
        shall be paid wages that are not less than the wages prevailing 
        on similar construction or renovation in the service area, as 
        determined by the Secretary of Labor in accordance with 
        subchapter IV of chapter 31 of title 40, United States Code 
        (commonly known as the ``Davis-Bacon Act'').

SEC. 133. APPEALS, NOTICE, AND HEARING.

    (a) Procedures.--The Secretary shall establish appeals, notice, 
hearing, and other procedures consistent (except as otherwise provided 
in this section) with the procedures described in section 646 of the 
Head Start Act (42 U.S.C. 9841). The established procedures shall apply 
to the child care and early learning programs carried out under this 
title, and the prime sponsors carrying out such programs, as the case 
may be.
    (b) Withholding of Funds.--
            (1) In general.--The Secretary shall take the action 
        described in paragraph (2) whenever the Secretary, after 
        reasonable notice and opportunity for a hearing for any prime 
        sponsor (including a delegate provider), finds--
                    (A) that the prime sponsor has failed to comply 
                substantially with any requirement set forth in the 
                plan of the prime sponsor approved under section 113 or 
                114;
                    (B) that the delegate provider has failed to comply 
                substantially with any requirement set forth in the 
                application of the provider approved pursuant to 
                section 115(c); or
                    (C) that in the operation of any program (or 
                services) carried out by any such prime sponsor (or 
                delegate provider) under this title the prime sponsor 
                (or delegate provider) has failed to comply 
                substantially with any applicable provision of this 
                title, including a regulation promulgated under this 
                title.
            (2) Action.--On making a finding under paragraph (1), the 
        Secretary shall notify the prime sponsor or delegate provider 
        involved of the findings and that no further payments may be 
        made to such prime sponsor or delegate provider under this 
        title (or in the Secretary's discretion that any such prime 
        sponsor shall not make further payments under this title to 
        specified delegate providers affected by the failure) until the 
        Secretary is satisfied that there is no longer any such failure 
        to comply, or the noncompliance will be promptly corrected. The 
        Secretary may authorize the continuation of payments with 
        respect to any program or service assisted under this title 
        which is being carried out pursuant to the corresponding plan 
        or application referred to in paragraph (1) and which is not 
        involved in the noncompliance.

SEC. 134. RECORDS AND AUDITS.

    The Secretary shall establish record and audit requirements 
consistent with the requirements described in section 647 of the Head 
Start Act (42 U.S.C. 9842). The established requirements shall apply to 
the child care and early learning programs carried out under this 
title, and the prime sponsors carrying out such programs, as the case 
may be.

SEC. 135. TECHNICAL ASSISTANCE AND TRAINING.

    (a) Preservice and Inservice Training.--The Secretary is authorized 
to make payments to provide financial assistance to enable individuals 
employed or preparing for employment in child care and early learning 
programs assisted under this title, including volunteers, to 
participate in programs of preservice or inservice training for 
professional or nonprofessional personnel, to be conducted by any prime 
sponsor carrying out a child care and early learning program, or any 
institution of higher education, including a community college, or by 
any combination of those prime sponsors or institutions. The financial 
assistance shall include scholarships and funding for books, 
transportation, and other comprehensive needs.
    (b) Prime Sponsor Technical Assistance and Planning.--The Secretary 
is authorized to, directly or through grant or contract, make technical 
assistance available to entities who are eligible and seek to become 
prime sponsors, and to prime sponsors, to assist the entities and prime 
sponsors in planning, developing, and carrying out child care and early 
learning programs.
    (c) Prime Sponsor Financial Assistance.--
            (1) In general.--Prime sponsors shall carry out training 
        and quality improvement activities, including--
                    (A) activities that support child care and early 
                learning programs (including providers) in meeting 
                national program standards; and
                    (B) supporting staff in meeting qualifications 
                described in section 136, including providing paid 
                release time to staff, to engage in activities that 
                enable the staff to meet the qualifications.
            (2) Financial assistance.--The Secretary is authorized to 
        make financial assistance available to prime sponsors to carry 
        out such training and quality improvement activities.
    (d) Staff Training.--The Secretary shall prescribe regulations 
implementing a training program for staff of child care and early 
learning programs assisted under this title, based on the training 
program of the military child care program. Satisfactory completion of 
the training program shall be a condition of employment of any person 
as a member of the staff of such a child care and early learning 
program. The training program established under this subsection shall 
cover, at a minimum, training in each of the following:
            (1) Early childhood development.
            (2) Activities and disciplinary techniques appropriate for 
        children of different ages.
            (3) Child abuse prevention and detection.
            (4) Cardiopulmonary resuscitation and other emergency 
        medical procedures.
    (e) Workforce Development and Diversity.--
            (1) Outreach program.--From amounts allocated under section 
        103(b), the Secretary shall develop and implement a program of 
        outreach to recruit and train professionals from diverse 
        backgrounds to become teachers in child care and early learning 
        programs.
            (2) Grants to institutions of higher education.--
                    (A) In general.--From amounts allocated under 
                section 103(b), the Secretary is authorized to award 
                grants, for a period of not less than 5 years, to 
                institutions of higher education, with priority for 
                part B institutions, Hispanic-serving institutions, and 
                Tribal Colleges and Universities (as the 3 types of 
                institutions are defined in clauses (i) through (iii) 
                of section 241(1)(A) of the Higher Education Act of 
                1965 (20 U.S.C. 1033(1)(A))).
                    (B) Use of funds.--An institution that receives 
                such a grant may--
                            (i) use the grant funds--
                                    (I) to improve the child care and 
                                early learning workforce;
                                    (II) to recruit child care and 
                                early learning teachers and other staff 
                                who want to obtain additional 
                                credentials related to child care and 
                                early learning;
                                    (III) to recruit and train 
                                professionals from diverse backgrounds 
                                to become teachers in child care and 
                                early learning programs;
                                    (IV) to promote access and 
                                affordability through direct student 
                                support, grants, scholarships, and 
                                other forms of student financial aid to 
                                students pursuing early childhood 
                                coursework and degrees in order to 
                                reduce or eliminate the need for such 
                                students to take out loans for the 
                                related costs of attendance;
                                    (V) to create seamless, 
                                articulated, teacher preparation 
                                pathways; and
                                    (VI) to develop institutional 
                                policies that award credit for 
                                students' previous postsecondary early 
                                childhood coursework and degrees as 
                                well as for demonstrated competency 
                                through--
                                            (aa) prior work experience; 
                                        and
                                            (bb) apprenticeships that 
                                        lead to credentials, or 
                                        associate or baccalaureate 
                                        degrees; and
                            (ii) make a portion of the grant funds 
                        available for students training to become staff 
                        of child care and early learning programs, to 
                        cover the corresponding tuition and other costs 
                        of attendance.

SEC. 136. STAFF QUALIFICATIONS AND DEVELOPMENT.

    (a) Qualification and Development.--
            (1) In general.--The Secretary, after consultation with 
        other Federal agencies and on the basis of the recommendations 
        of the Committee established pursuant to section 121(a)(3), 
        shall establish staff qualification and development 
        requirements based on such requirements described in section 
        648A of the Head Start Act (42 U.S.C. 9843a), based on such 
        requirements being implemented by the military child care 
        program (including certification of family child care home 
        providers), and including a requirement to satisfactorily 
        complete training under section 135(d). The established 
        requirements shall include the requirements described in 
        subsection (b) (relating to compensation). The established 
        requirements shall apply to the child care and early learning 
        programs carried out under this title, and the prime sponsors 
        carrying out such programs, as the case may be.
            (2) Objectives.--The established requirements shall be 
        designed to--
                    (A)(i) lead to high-quality child care and early 
                learning service delivery, including the use of 
                targeted strategies and resources provided by prime 
                sponsors to ensure the diverse, incumbent child care 
                and early learning workforce retains access to 
                employment in such programs; and
                    (ii) take into account workforce recruitment 
                challenges and the need for a diverse workforce;
                    (B) create a pathway for members of the child care 
                and early learning service workforce to build on their 
                credentials; and
                    (C) provide enough time (which shall be not less 
                than 6 years after the date of that establishment) for 
                staff to meet any educational requirements in the 
                established requirements.
    (b) Pay.--
            (1) Competitive rates of compensation.--For the purpose of 
        providing child care and early learning programs with a 
        qualified and stable workforce, each prime sponsor shall ensure 
        that employees (including employees of a delegate provider) at 
        a child care and early learning center and family child care 
        home providers, including teachers and other staff of family 
        child care home providers, shall be paid under a pay scale that 
        provides for rates of compensation that--
                    (A)(i) except as provided in clause (ii), are 
                comparable with the rates of compensation paid to 
                employees of the corresponding local educational agency 
                with similar training, seniority, and experience; or
                    (ii) for a position not typically found at the 
                corresponding local educational agency, are the rates 
                specified in the pay scale for the military child care 
                program; and
                    (B) are not less than a living wage, as determined 
                by the Secretary.
            (2) Periodic reviews.--In recommending and establishing 
        requirements under subsection (a) and this subsection, the 
        Committee established pursuant to section 121(a)(3) and the 
        Secretary, respectively, shall periodically conduct reviews of 
        the rates of compensation for employers, teachers, and staff 
        described in paragraph (1). The Committee and Secretary shall 
        determine whether the rates are increasing at a pace that is 
        not less than the rate of the Consumer Price Index-All Urban 
        Consumers, and shall adjust the rates to ensure such an 
        increase.
            (3) Limitation.--Notwithstanding any other provision of 
        law, no Federal funds may be used to pay any part of the 
        compensation of an employee, teacher, or staff member described 
        in paragraph (1) to carry out a child care and early learning 
        program, if such compensation, including non-Federal funds, 
        exceeds a rate equal to the rate payable for level II of the 
        Executive Schedule under section 5313 of title 5, United States 
        Code.
            (4) Compensation.--In this subsection, the term 
        ``compensation''--
                    (A) includes salary, bonuses, periodic payments, 
                severance pay, the value of any vacation time, the 
                value of a compensatory or paid leave benefit, and the 
                fair market value of any employee perquisite or 
                benefit; and
                    (B) includes any prime sponsor expenditure for a 
                health, medical, life insurance, disability, 
                retirement, or any other employee welfare or pension 
                benefit.
    (c) Curriculum Support.--
            (1) In general.--Prime sponsors shall establish and 
        implement a plan to ensure all teachers in a child care and 
        early learning program, including family child care home 
        providers, have curriculum support.
            (2) Curriculum support.--That curriculum support--
                    (A) may include the use of curriculum specialists, 
                as in the military child care program; and
                    (B) shall include--
                            (i) special teaching activities at 
                        locations that are easily accessible by the 
                        teachers;
                            (ii) daily oversight and instruction of 
                        employees providing child care and early 
                        learning services;
                            (iii) daily assistance in the preparation 
                        of lesson plans, provided through individual 
                        specialists or resources for staff that allow 
                        teachers to engage in professional 
                        responsibilities such as daily lesson planning;
                            (iv) assistance with child abuse prevention 
                        and detection;
                            (v) assistance with activities to promote 
                        children's cognitive development, behavior 
                        management, and mental health; and
                            (vi) assistance with improving the delivery 
                        of instruction and with measuring and tracking 
                        children's outcomes.

SEC. 137. RESEARCH, DEMONSTRATIONS, AND EVALUATION.

    (a) General Objectives.--The Secretary shall carry out a continuing 
program of research, demonstration, and evaluation activities, in order 
to--
            (1) focus national research efforts to attain a fuller 
        understanding of the processes of child development and early 
        learning outcomes and the effects of programs on those 
        processes and outcomes;
            (2) foster continuous improvement in the quality of the 
        child care and early learning programs carried out under this 
        title and in their effectiveness in enabling participating 
        children and their families to succeed in school and otherwise;
            (3) ensure that the results of research and related 
        development efforts are reflected in the conduct of programs 
        affecting children through the improvement and expansion of 
        child care and early learning programs; and
            (4) develop, test, and disseminate information on new ideas 
        for addressing the needs of low-income and underserved children 
        (including children with disabilities, homeless children, 
        children who have been abused or neglected, and children in 
        foster care) and their families and communities, and furthering 
        in other ways the purposes of this title.
    (b) Specific Objectives.--The research, demonstration, and 
evaluation activities under this title shall include components 
designed to--
            (1) permit ongoing assessment of the quality and 
        effectiveness of the child care and early learning programs 
        under this title;
            (2) contribute to developing knowledge concerning factors 
        associated with the quality and effectiveness of child care and 
        early learning programs and in identifying ways in which 
        services provided under this title may be improved;
            (3) assist in developing knowledge concerning the factors 
        that promote or inhibit healthy development and effective 
        functioning of children and their families, including physical, 
        mental, vision, and oral health, both during and following 
        participation in a child care and early learning program;
            (4) permit comparisons of children and families 
        participating in child care and early learning programs--
                    (A) with children and families receiving other 
                child care, or early childhood education and 
                development, services or programs; and
                    (B) with other appropriate control groups;
            (5) contribute to understanding the characteristics and 
        needs of population groups eligible for services provided under 
        this title and the impact of such services on the individuals 
        served and the service areas in which such services are 
        provided;
            (6) provide for disseminating and promoting the use of the 
        findings from such research, demonstration, and evaluation 
        activities;
            (7) promote exploration of areas in which knowledge is 
        insufficient, and that will otherwise contribute to fulfilling 
        the purposes of this title;
            (8)(A) contribute to understanding the impact of child care 
        and early learning services delivered in classrooms that 
        include both children with disabilities and children who are 
        not children with disabilities, on both types of children; and
            (B) disseminate promising practices for increasing the 
        availability and quality of child care and early learning 
        services that are so delivered and classrooms described in 
        subparagraph (A);
            (9) contribute to understanding the impact of different 
        child care and early learning models, including those with 
        varying teacher compensation, preparation, and workplace 
        supports, in addressing educational disparities and 
        inequalities, including disparities and inequalities based on 
        income, and disparities and inequalities based on culture, and 
        race and ethnicity;
            (10) contribute to the understanding of providing effective 
        child care and early learning programs to dual language learner 
        children, children with disabilities, culturally diverse 
        families, racially and ethnically diverse families, children 
        belonging to an Indian tribe, Native Hawaiian children, and 
        children of migrant and seasonal farmworkers, and to service 
        areas with many low-income children; and
            (11) carry out--
                    (A) research to determine the nature of child 
                development processes and the impact of various 
                influences upon those processes, including workplace 
                conditions and supports, to develop techniques to 
                measure and evaluate child development, to develop 
                standards to evaluate professional and paraprofessional 
                child development personnel, and to determine how child 
                care and early learning and related programs conducted 
                in either family child care homes or centers affect 
                child development processes;
                    (B) research to test alternative methods of 
                providing child development and related services, and 
                to develop and test innovative approaches to achieve 
                maximum development of children;
                    (C) evaluation of findings from research conducted 
                under this paragraph and the development of and 
                effective application of those findings;
                    (D) dissemination and application of results from 
                research and related development efforts and 
                demonstration projects to child care and early learning 
                programs, related programs, and early childhood 
                education;
                    (E) production of informational systems and other 
                resources necessary to support the activities 
                authorized under this paragraph; and
                    (F) integration of national child development 
                research efforts under this title into a focused 
                national research program, including the coordination 
                of research and development conducted by entities under 
                this section with research and development conducted by 
                other agencies, organizations, and individuals.
    (c) Conduct of Research, Demonstration, and Evaluation 
Activities.--The Secretary, in order to conduct research, 
demonstration, and evaluation activities under this section--
            (1) may carry out such activities directly, or through 
        grants to, or contracts or cooperative agreements with, public 
        or private entities;
            (2) shall, to the extent appropriate, undertake such 
        activities in collaboration with Federal agencies (other than 
        the Department of Health and Human Services), and with non-
        Federal agencies, Indian tribes, and tribal organizations, 
        conducting similar activities;
            (3) shall ensure that evaluation of such activities in a 
        specific program is conducted by persons not directly involved 
        in the operation of such program;
            (4) may require prime sponsors to provide for independent 
        evaluations;
            (5) may approve, in appropriate cases, community-based 
        cooperative research and evaluation efforts to enable prime 
        sponsors to collaborate with qualified researchers not directly 
        involved in program administration or operation of a program 
        funded under this title; and
            (6) may collaborate with organizations with expertise in 
        inclusive educational strategies for preschoolers who are 
        children with disabilities.
    (d) Coordination of Research.--
            (1) Transfers.--Funds available to any Federal agency 
        (including a department) for the purposes stated in subsection 
        (a) or the activities stated in subsection (b) shall be 
        available for transfer, with the approval of the head of the 
        agency involved, in whole or in part, to the Secretary for such 
        use as is consistent with the purposes for which such funds 
        were appropriated, and the funds so transferred shall be 
        expendable by the Secretary for the purposes for which the 
        transfer was made.
            (2) Coordination.--In carrying out activities under this 
        section, the Secretary shall--
                    (A) coordinate, through the Office of Child Care 
                and Early Learning, established under section 131, all 
                child development research, training, and related 
                development efforts conducted by the Department of 
                Health and Human Services and, to the extent feasible, 
                by other agencies, organizations, and individuals;
                    (B) consult with--
                            (i) individuals from relevant academic 
                        disciplines;
                            (ii) individuals who are involved in the 
                        operation of child care and early learning 
                        programs and individuals who are involved in 
                        the operation of other child and family service 
                        programs;
                            (iii) appropriate officials from Indian 
                        tribes and tribal organizations; and
                            (iv) individuals from organizations 
                        involved with, and academic disciplines related 
                        to, children and families, ensuring that the 
                        individuals consulted under this subparagraph 
                        reflect the multicultural nature of the 
                        children and families served by the child care 
                        and early learning programs and the 
                        multidisciplinary nature of the programs;
                    (C) whenever feasible and appropriate, obtain the 
                views of persons participating in and served by 
                programs assisted under this title with respect to 
                activities under this section; and
                    (D) establish, to the extent appropriate, working 
                relationships with faculty members of institutions of 
                higher education, as defined in section 101 of the 
                Higher Education Act of 1965 (20 U.S.C. 1001), located 
                in the area in which any evaluation under this section 
                is being conducted, to participate in such evaluation, 
                unless there is no such institution of higher education 
                willing and able to participate in such evaluation.
            (3) Council.--
                    (A) In general.--There is established a Child 
                Development Research Council, consisting of--
                            (i) a representative of the Office of Child 
                        Care and Early Learning (who shall serve as 
                        chairperson); and
                            (ii) a representative from each of the 
                        Federal agencies and offices determined to be 
                        appropriate by the Secretary.
                    (B) Meetings.--The Council shall meet at least 
                annually and at such more frequent times as the Council 
                may determine to be necessary.
                    (C) Duties.--The Council shall assure coordination 
                of child care and early learning services under the 
                jurisdiction of the agencies and offices represented on 
                the Council and carry out the provisions of this 
                section so as to assure--
                            (i) maximum utilization of available 
                        resources through the prevention of duplication 
                        of activities;
                            (ii) a division of labor, insofar as is 
                        compatible with the purposes of each of the 
                        agencies or offices represented on the Council, 
                        among those agencies and offices to assure 
                        maximum progress toward the achievement of the 
                        purposes of this section; and
                            (iii) recommendation of priorities for 
                        federally funded research and related 
                        development that are related to the purposes of 
                        this section and those stated in section 101.
    (e) Annual Report.--The Secretary shall make an annual report to 
Congress--
            (1) summarizing--
                    (A) the Secretary's activities and accomplishments 
                during the preceding year under this section; and
                    (B) the grants, contracts, or other arrangements 
                entered into during the preceding year under this 
                section; and
            (2) making such recommendations as the Secretary may 
        determine to be appropriate.
    (f) Plan.--The Secretary shall develop, and periodically update, a 
plan governing the research, demonstration, and evaluation activities 
under this section.
    (g) Ownership of Results.--The Secretary shall take necessary steps 
to ensure that all studies, reports, proposals, and data produced or 
developed with Federal funds under this title shall become the property 
of the United States.

SEC. 138. REPORTS.

    (a) In General.--At least once during every 2-year period, the 
Secretary shall prepare a report concerning the status of children 
(including low-income children, children with disabilities, dual 
language learner children, homeless children, children in foster care, 
children participating in child care and early learning programs on 
Indian land, and children participating in migrant or seasonal child 
care and early learning programs) participating in child care and early 
learning programs, including the number of participating children and 
the services being provided to such children.
    (b) Contents.--Such report shall include--
            (1) a statement for the then most recently concluded fiscal 
        year specifying--
                    (A) the amount of funds received, by prime sponsors 
                that are designated under section 113, to provide child 
                care and early learning services in a period before 
                such fiscal year; and
                    (B) the amount of funds received, by prime sponsors 
                that are newly designated under section 113, to provide 
                such services in such fiscal year;
            (2) a description of the distribution of child care and 
        early learning services relative to the distribution of 
        children who are in need of child care and early learning 
        programs, including geographic distribution within States, and 
        information on the number of children receiving those services;
            (3) a statement identifying how funds made available under 
        section 112(a)(1) were distributed and used at national, 
        regional, and local levels;
            (4) a statement specifying the amount of funds provided as 
        the non-Federal share of the costs of child care and early 
        learning programs, and the source of such funding;
            (5) the cost per child of carrying out child care and early 
        learning programs, and how such cost varies by region;
            (6) a description of the level and nature of participation 
        of parents and family members in child care and early learning 
        programs as volunteers and in other capacities;
            (7) information concerning child care and early learning 
        center staff, including salaries, education, training, 
        experience, and staff turnover;
            (8) information concerning children participating in child 
        care and early learning programs, including information on 
        family income, cultural background, racial and ethnic 
        background, homelessness, whether such a child is in foster 
        care or was referred by a child welfare agency, disability, and 
        whether the child's family receives benefits under part A of 
        title IV of the Social Security Act (42 U.S.C. 601 et seq.);
            (9) using data from the monitoring conducted under section 
        121--
                    (A) a description of the extent to which programs 
                funded under this title comply with program standards 
                and regulations in effect under this title;
                    (B) a description of the types and condition of 
                facilities in which such programs are located; and
                    (C) the types of organizations that receive funds 
                under this title through such programs;
            (10) a description of the types of services provided 
        through the programs to children and their families, both on 
        site and through referrals, including services related to 
        health, mental health, dental care, vision care, parenting 
        education, physical fitness, and literacy training;
            (11) information from a study of the delivery of child care 
        and early learning programs to Indian children, to Native 
        Hawaiian children, and to children of migrant or seasonal 
        farmworker families;
            (12) information on the delivery of disability-related 
        services in order to--
                    (A) determine whether child care and early learning 
                programs are making timely referrals to the State or 
                local agency responsible for providing services under 
                section 619 or part C of the Individuals with 
                Disabilities Education Act (20 U.S.C. 1419, 1431 et 
                seq.);
                    (B) identify barriers to timely evaluations and 
                eligibility determinations by the State or local agency 
                responsible for providing services under section 619 or 
                part C of the Individuals with Disabilities Education 
                Act; and
                    (C) determine under what circumstances and for what 
                length of time child care and early learning programs 
                are providing disability-related services for children 
                who have not been determined under the Individuals with 
                Disabilities Education Act (20 U.S.C. 1400 et seq.) to 
                be children with disabilities; and
            (13) information on how child care and early learning 
        programs serve populations of low-income children, minority 
        children, and dual language learner children, the extent to 
        which disparities exist in early learning outcomes of 
        participants in such programs, and how such programs address 
        disparities in early learning outcomes.
    (c) Submission.--The Secretary shall submit each report prepared 
under subsection (a) to the Committee on Health, Education, Labor, and 
Pensions of the Senate and the Committee on Education and Labor of the 
House of Representatives.

SEC. 139. NONDISCRIMINATION PROVISIONS.

    The Secretary shall establish nondiscrimination requirements 
consistent with the requirements described in section 654 of the Head 
Start Act (42 U.S.C. 9849). The established requirements shall apply to 
the child care and early learning programs carried out under this 
title, and the prime sponsors carrying out such programs, as the case 
may be.

SEC. 140. ADVANCE FUNDING.

    For the purpose of affording adequate notice of funding available 
under this title, appropriations for carrying out this title are 
authorized to be included in an appropriation Act for the fiscal year 
preceding the fiscal year for which the appropriations are available 
for obligation.

SEC. 141. PARENTAL CONSENT REQUIREMENT FOR NONEMERGENCY INTRUSIVE 
              PHYSICAL EXAMINATIONS.

    The Secretary shall establish a parental consent requirement 
consistent with the requirement described in section 657A of the Head 
Start Act (42 U.S.C. 9852a). The established requirement shall apply to 
the child care and early learning programs carried out under this 
title, and the prime sponsors carrying out such programs, as the case 
may be.

                      Subtitle D--Special Programs

SEC. 151. SUPPLEMENTAL FUNDING TO PRIME SPONSORS.

    (a) In General.--The Secretary is authorized to provide 
supplemental financial assistance for the activities described in 
subsection (b) or the purposes described in subsection (c), to prime 
sponsors, who--
            (1) demonstrate barriers--
                    (A) to scaling the services and processes needed to 
                fully implement the prime sponsors' child care and 
                early learning programs; and
                    (B) to meeting the national program standards; and
            (2) need financial assistance, as determined by the 
        Secretary, for those activities or purposes, respectively.
    (b) Activities.--The Secretary may provide the supplemental 
financial assistance for activities consisting of--
            (1) conducting a facilities review as described in section 
        132(b)(2) and accessing adequate facilities;
            (2) establishing coordination arrangements and processes 
        with other entities, including local educational agencies and 
        related entities, organizations delivering health and social 
        services in the service area involved, and the State;
            (3) establishing training and professional development 
        protocols and processes under sections 135 and 136;
            (4) meeting accreditation requirements;
            (5) providing supports to enable family child care home 
        providers to participate as providers within the child care and 
        early learning program carried out by the prime sponsor 
        involved and to enable the prime sponsor to meet the national 
        program standards;
            (6) securing materials and resources for professional 
        learning opportunities; and
            (7) other activities related to the establishment, 
        expansion, and scaling of services and processes needed to 
        fully implement the prime sponsor's child care and early 
        learning program and enable the prime sponsor to meet the 
        national program standards.
    (c) Purposes.--The Secretary may provide the supplemental financial 
assistance to a prime sponsor that meets the requirements of subsection 
(a) and has difficulty in providing a non-Federal share because the 
prime sponsor serves an area with a high concentration of families with 
a family income of not more than, or slightly above, 200 percent of the 
poverty line, for the purposes of increasing the Federal share of the 
costs described in section 121(c)(2)(A).

SEC. 152. SPECIAL GRANTS TO STATES.

    (a) Grants.--On approving an application submitted by any State, 
the Secretary is authorized to provide a grant to the State for 
carrying out activities described in subsection (b).
    (b) Use of Funds.--A State that receives a grant under subsection 
(a) may use the grant funds for--
            (1) identifying child care and early learning services 
        goals and needs within the State;
            (2) furnishing child care providers with start-up funding 
        and technical assistance;
            (3) supporting compensation for the child care and early 
        learning workforce comparable to compensation for the primary 
        education workforce, which may include retention or bonus 
        awards;
            (4) establishing or expanding the operation of community or 
        neighborhood-based family child care networks by providing 
        grants and contracts for training;
            (5) supporting the recruitment, training, and professional 
        development of the child care and early learning workforce;
            (6) assisting in the establishment of Child Care and Early 
        Learning Councils and strengthening the capability of such 
        Councils to effectively advise on the child care and early 
        learning programs;
            (7) encouraging the cooperation and participation of State 
        agencies in providing child care and early learning services, 
        including health, family planning, mental health, education, 
        nutrition, family, social, and rehabilitative services if that 
        cooperation and participation are requested by appropriate 
        prime sponsors in the development and implementation of child 
        care and early learning plans;
            (8) encouraging the full utilization of resources and 
        facilities for child care and early learning programs within 
        the State;
            (9) disseminating the results of research on child care and 
        early learning programs;
            (10) conducting programs for the exchange of personnel 
        involved in child care and early learning programs within the 
        State;
            (11) assisting prime sponsors in the acquisition or 
        improvement of facilities for child care and early learning 
        programs;
            (12) assessing State and local licensing codes as the codes 
        relate to child care and early learning programs within the 
        State;
            (13) developing information useful in reviewing prime 
        sponsorship plans described in section 113(a) and child care 
        and early learning plans described in section 114(b);
            (14) facilitating collaboration among prime sponsors and 
        delegate providers within the State; and
            (15) supporting a unified, birth-through-school-entry, 
        early childhood system, including carrying out activities 
        related to establishing braided or blended funding arrangements 
        to promote the integration of services to children and 
        families.
    (c) Maintenance of Effort.--No State or community shall reduce its 
expenditures for child care and early learning programs (including 
home-based child care and early learning programs) because of financial 
assistance provided under this section.

                       TITLE II--RELATED PROGRAMS

SEC. 201. MAINTENANCE OF EFFORT.

    (a) Maintenance of Effort.--Section 658J of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858h) is amended by 
adding at the end the following:
    ``(d) Maintenance of Effort.--
            ``(1) In general.--No State shall receive such a payment 
        for a fiscal year if the State reduces its total State 
        expenditures for child care services for the prior fiscal year 
        below the average of such expenditures for the 3 fiscal years 
        preceding that prior fiscal year.
            ``(2) Total state expenditures.--For purposes of this 
        subsection, total State expenditures for child care services 
        include State expenditures to carry out this subchapter and the 
        Universal Child Care and Early Learning Act.''.
    (b) Relationship to the Universal Child Care and Early Learning 
Act.--Section 658M of the Child Care and Development Block Grant Act of 
1990 (42 U.S.C. 9858k) is amended by adding at the end the following:
    ``(c) Relationship to the Universal Child Care and Early Learning 
Act.--An eligible child who is eligible for child care and early 
learning services under the Universal Child Care and Early Learning Act 
shall only receive child care services under this subchapter that the 
child is ineligible for under that Act.''.
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