[Congressional Record Volume 168, Number 133 (Saturday, August 6, 2022)]
[Senate]
[Pages S4306-S4310]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5300. Mr. MERKLEY (for himself and Mr. Sanders) submitted an 
amendment intended to be proposed to amendment SA 5194 proposed by Mr. 
Schumer to the bill H.R. 5376, to provide for reconciliation pursuant 
to title II of S. Con. Res. 14; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. UNIVERSAL PRESCHOOL.

       (a) Definitions.--In this section:
       (1) Child experiencing homelessness.--The term ``child 
     experiencing homelessness'' means an individual who is a 
     homeless child or youth under section 725 of the McKinney-
     Vento Homeless Assistance Act (42 U.S.C. 11434a).
       (2) Child with a disability.--The term ``child with a 
     disability'' has the meaning given the term in section 602 of 
     the Individuals with Disabilities Education Act (20 U.S.C. 
     1401).
       (3) Comprehensive services.--The term ``comprehensive 
     services'' means services that are provided to children and 
     their families, and that are health, educational, 
     nutritional, social, and other services that are determined, 
     based on family needs assessments, to be necessary, within 
     the meaning of section 636 of the Head Start Act (42 U.S.C. 
     9831).
       (4) Dual language learner.--The term ``dual language 
     learner'' means a child who is learning 2 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.
       (5) Eligible child.--The term ``eligible child'' means a 
     child who is age 3 or 4, on the date established by the 
     applicable local educational agency for kindergarten entry.
       (6) Eligible provider.--The term ``eligible provider'' 
     means--
       (A) a local educational agency, acting alone or in a 
     consortium or in collaboration with an educational service 
     agency (as defined in section 8101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801)), that is 
     licensed by the State or meets comparable health and safety 
     standards;
       (B) a Head Start agency or delegate agency funded under the 
     Head Start Act;
       (C) a licensed center-based child care provider, licensed 
     family child care provider, or network of licensed family 
     child care providers; or
       (D) a consortium of entities described in any of 
     subparagraphs (A), (B), and (C).
       (7) Head start agency.--The term ``Head Start agency'', as 
     used in paragraph (6)(B), or subsection (c)(5)(D) or (f)(1), 
     means an entity designated as a Head Start agency under 
     section 641(a)(1) of the Head Start Act or as an Early Head 
     Start agency (by receiving a grant) under section 645A(a) of 
     such Act.
       (8) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (9) Local educational agency.--The term ``local educational 
     agency'' has the meaning given the term in section 8101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (10) Poverty line.--The term ``poverty line'' means the 
     poverty line defined and revised as described in section 673 
     of the Community Services Block Grant Act (42 U.S.C. 9902).

[[Page S4307]]

       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (12) State.--The term ``State'' means each of the several 
     States and the District of Columbia.
       (13) Territory.--The term ``territory'' means each of the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, American Samoa, and the Commonwealth of the 
     Northern Mariana Islands.
       (14) Tribal organization.--The term ``Tribal organization'' 
     has the meaning given the term ``tribal organization'' in 
     section 658P of the Child Care and Development Block Grant 
     Act of 1990 (42 U.S.C. 9858n).
       (b) Universal Preschool.--
       (1) Appropriations for states.--
       (A) In general.--In addition to amounts otherwise 
     available, there is appropriated to the Department of Health 
     and Human Services for fiscal year 2023, out of any money in 
     the Treasury not otherwise appropriated--
       (i) $3,200,000,000, to remain available until September 30, 
     2028, for payments to States, for carrying out subsection (d) 
     beginning in fiscal year 2023;
       (ii) $800,000,000, to remain available until September 30, 
     2028, for payments to States, for carrying out subsections 
     (c)(3) and (d) beginning in fiscal year 2023;
       (iii) $4,800,000,000, to remain available until September 
     30, 2028, for payments to States, for carrying out subsection 
     (d) beginning in fiscal year 2024;
       (iv) $1,200,000,000, to remain available until September 
     30, 2028, for payments to States, for carrying out 
     subsections (c)(3) and (d) beginning in fiscal year 2024;
       (v) $6,400,000,000, to remain available until September 30, 
     2028, for payments to States, for carrying out subsection (d) 
     beginning in fiscal year 2025; and
       (vi) $1,600,000,000 to remain available until September 30, 
     2028, for payments to States, for carrying out subsections 
     (c)(3) and (d) beginning in fiscal year 2025.
       (B) Additional appropriations.--In addition to amounts 
     otherwise available, there is appropriated to the Department 
     of Health and Human Services, out of any money in the 
     Treasury not otherwise appropriated, such sums as may be 
     necessary for each of fiscal years 2026 through 2028, for 
     payments to States, for carrying out this section (except 
     provisions and activities covered by paragraph (2)).
       (2) Additional appropriations.--In addition to amounts 
     otherwise available, there is appropriated to the Department 
     of Health and Human Services for fiscal year 2023, out of any 
     money in the Treasury not otherwise appropriated--
       (A) $2,500,000,000, to remain available until September 30, 
     2028, for carrying out payments to Indian Tribes and Tribal 
     organizations for activities described in this section;
       (B) $1,250,000,000, to remain available until September 30, 
     2028, for carrying out payments to the territories, to be 
     distributed among the territories on the basis of their 
     relative need, as determined by the Secretary in accordance 
     with the objectives of this section, for activities described 
     in this section;
       (C) $300,000,000, to remain available until September 30, 
     2028, for carrying out payments to eligible local entities 
     that serve children in families who are engaged in migrant or 
     seasonal agricultural labor, for activities described in this 
     section;
       (D)(i) $165,000,000, to remain available until September 
     30, 2028, for carrying out Federal activities to support the 
     activities funded under this section, including 
     administration, monitoring, technical assistance, and 
     research, beginning in fiscal year 2023;
       (ii) $200,000,000 to remain available until September 30, 
     2028, for carrying out Federal activities to support the 
     activities funded under this section, including 
     administration, monitoring, technical assistance, and 
     research, beginning in fiscal year 2024;
       (iii) $200,000,000, to remain available until September 30, 
     2028, for carrying out Federal activities to support the 
     activities funded under this section, including 
     administration, monitoring, technical assistance, and 
     research, beginning in fiscal year 2025;
       (iv) $208,000,000, to remain available until September 30, 
     2028, for carrying out Federal activities to support the 
     activities funded under this section, including 
     administration, monitoring, technical assistance, and 
     research, beginning in fiscal year 2026;
       (v) $212,000,000, to remain available until September 30, 
     2028, for carrying out Federal activities to support the 
     activities funded under this section, including 
     administration, monitoring, technical assistance, and 
     research, beginning in fiscal year 2027; and
       (vi) $216,000,000, to remain available until September 30, 
     2028, for carrying out Federal activities to support the 
     activities funded under this section, including 
     administration, monitoring, technical assistance, and 
     research, beginning in fiscal year 2028;
       (E)(i) $2,500,000,000, to remain available until September 
     30, 2028, to improve compensation of Head Start staff 
     consistent with subparagraphs (A)(i) and (B)(viii) of section 
     640(a)(5) of the Head Start Act (42 U.S.C. 9835(a)(5)), 
     notwithstanding section 653(a) of such Act (42 U.S.C. 
     9848(a)), beginning in fiscal year 2023;
       (ii) $2,500,000,000, to remain available until September 
     30, 2028, to improve compensation of Head Start staff 
     consistent with subparagraphs (A)(i) and (B)(viii) of section 
     640(a)(5) of the Head Start Act (42 U.S.C. 9835(a)(5)), 
     notwithstanding section 653(a) of such Act (42 U.S.C. 
     9848(a)), beginning in fiscal year 2024;
       (iii) $2,500,000,000, to remain available until September 
     30, 2028, to improve compensation of Head Start staff 
     consistent with subparagraphs (A)(i) and (B)(viii) of section 
     640(a)(5) of the Head Start Act (42 U.S.C. 9835(a)(5)), 
     notwithstanding section 653(a) of such Act (42 U.S.C. 
     9848(a)), beginning in fiscal year 2025;
       (iv) $2,500,000,000, to remain available until September 
     30, 2028, to improve compensation of Head Start staff 
     consistent with subparagraphs (A)(i) and (B)(viii) of section 
     640(a)(5) of the Head Start Act (42 U.S.C. 9835(a)(5)), 
     notwithstanding section 653(a) of such Act (42 U.S.C. 
     9848(a)), beginning in fiscal year 2026;
       (v) $2,500,000,000, to remain available until September 30, 
     2028, to improve compensation of Head Start staff consistent 
     with subparagraphs (A)(i) and (B)(viii) of section 640(a)(5) 
     of the Head Start Act (42 U.S.C. 9835(a)(5)), notwithstanding 
     section 653(a) of such Act (42 U.S.C. 9848(a)), beginning in 
     fiscal year 2027; and
       (vi) $2,500,000,000, to remain available until September 
     30, 2028, to improve compensation of Head Start staff 
     consistent with subparagraphs (A)(i) and (B)(viii) of section 
     640(a)(5) of the Head Start Act (42 U.S.C. 9835(a)(5)), 
     notwithstanding section 653(a) of such Act (42 U.S.C. 
     9848(a)), beginning in fiscal year 2028;
       (F) $9,500,000,000, to remain available until September 30, 
     2028, to carry out the program of grants to localities 
     described in subsection (f)(2); and
       (G) $9,500,000,000, to remain available until September 30, 
     2028, to carry out the program of awards to Head Start 
     agencies described in subsection (f)(3).
       (c) Payments for State Universal Preschool Services.--
       (1) In general.--A State that has submitted, and had 
     approved by the Secretary in collaboration with the Secretary 
     of Education, the State plan described in paragraph (5) is 
     entitled to a payment under this subsection.
       (2) Payments to states.--
       (A) Payments for fiscal years 2023 through 2025.--From 
     amounts made available under subsection (b)(1) for carrying 
     out subsections (c)(3) and (d) for any of fiscal years 2023 
     through 2025, the Secretary shall allot for the fiscal year, 
     to each State that has a State plan under paragraph (5) or 
     transitional State plan under paragraph (7) that is approved 
     for a period including that fiscal year, an amount for the 
     purpose of providing grants to eligible providers to provide 
     high-quality preschool, using a formula that considers--
       (i) the proportion of the number of children who are below 
     the age of 6 and whose families have a family income at or 
     below 200 percent of the poverty line for the most recent 
     year for which satisfactory data are available, residing in 
     the State, as compared to the number of such children, who 
     reside in all States with approved plans for the fiscal year 
     for which the allotment is being made; and
       (ii) the existing Federal preschool investments in the 
     State under the Head Start Act, as of the date of the 
     allotment.
       (B) Payments for fiscal years 2026 through 2028.--
       (i) Preschool services.--For each of fiscal years 2026 
     through 2028, the Secretary shall pay to each State with an 
     approved State plan under paragraph (5), an amount for that 
     year equal to--

       (I) 95.440 percent of the State's expenditures in the year 
     for preschool services provided under subsection (d), for 
     fiscal year 2026;
       (II) 79.534 percent of the State's expenditures in the year 
     for such preschool services, for fiscal year 2027; and
       (III) 63.627 percent of the State's expenditures in the 
     year for such preschool services, for fiscal year 2028.

       (ii) State activities.--The Secretary shall pay to each 
     State with an approved State plan under paragraph (5) an 
     amount for a fiscal year equal to 53.022 percent of the 
     amount of the State's expenditures for the activities 
     described in paragraph (3), except that in no case shall a 
     payment for a fiscal year under this clause exceed the amount 
     equal to 5 percent of the State's expenditures described in 
     clause (i) for such fiscal year.
       (iii) Non-federal share.--The remainder of the cost paid by 
     the State for preschool services, that is not provided under 
     clause (i), shall be considered the non-Federal share of the 
     cost of those services. The remainder of the cost paid by the 
     State for State activities, that is not provided under clause 
     (ii), shall be considered the non-Federal share of the cost 
     of those activities.
       (iv) Advance payment; retrospective adjustment.--The 
     Secretary shall make a payment under clause (i) or (ii) for a 
     year on the basis of advance estimates of expenditures 
     submitted by the State and such other investigation as the 
     Secretary may find necessary, and shall reduce or increase 
     the payment as necessary to adjust for any overpayment or 
     underpayment for a previous year.
       (C) Authorities.--
       (i) Fiscal years 2023 through 2025.--Notwithstanding any 
     other provision of this paragraph, for each of fiscal years 
     2023 through 2025, the Secretary shall have the authority to 
     reallot funds that were allotted under subparagraph (A) from 
     any State without an approved State plan under paragraph

[[Page S4308]]

     (5) or transitional State plan under paragraph (7) by the 
     date required by the Secretary, to States with an approved 
     State plan or transitional State plan under such paragraph 
     (5) or (7) and to eligible localities and Head Start agencies 
     in accordance with subsection (f).
       (ii) Fiscal year 2026.--Notwithstanding any other provision 
     of this section, on October 1, 2025, the Secretary shall have 
     the authority to reallot funds from payments made from 
     allotments under subparagraph (A) that are unobligated on 
     such date, to any State without such unobligated funds that 
     is a State with an approved State plan under paragraph (5) or 
     transitional State plan under paragraph (7) to carry out the 
     purposes of this section or to an eligible locality or Head 
     Start agency in accordance with subsection (f).
       (3) State activities.--A State that receives a payment 
     under paragraph (2) shall carry out all of the following 
     activities:
       (A) State administration of the State preschool program 
     described in this section.
       (B) Supporting a continuous quality improvement system for 
     providers of preschool services participating, or seeking to 
     participate, in the State preschool program, through the use 
     of data, research, monitoring, training, technical 
     assistance, professional development, and coaching.
       (C) Providing outreach and enrollment support for families 
     of eligible children.
       (D) Supporting data systems building.
       (E) Supporting staff of eligible providers in pursuing 
     credentials and degrees, including baccalaureate degrees.
       (F) Supporting activities that ensure access to inclusive 
     preschool programs for children with disabilities.
       (G) Providing age-appropriate transportation services for 
     children, which at a minimum shall include transportation 
     services for children experiencing homelessness and children 
     in foster care.
       (H) Conducting or updating a statewide needs assessment of 
     access to high-quality preschool services.
       (4) Lead agency.--The Governor of a State desiring for the 
     State to receive a payment under this subsection shall 
     designate a lead agency (such as a State agency or joint 
     interagency office) for the administration of the State's 
     preschool program under this section.
       (5) State plan.--In order to be eligible for payments under 
     this section, the Governor of a State shall submit a State 
     plan to the Secretary for approval by the Secretary, in 
     collaboration with the Secretary of Education, at such time, 
     in such manner, and containing such information as the 
     Secretary shall by rule require, that includes a plan for 
     achieving universal, high-quality, free, inclusive, and 
     mixed-delivery preschool services. Such plan shall include, 
     at a minimum, each of the following:
       (A) A certification that--
       (i) the State has in place, or will have in place no later 
     than 18 months after the State first receives funding under 
     this section, developmentally appropriate, evidence-based 
     preschool standards that, at a minimum, are as rigorous as 
     the standards specified in subparagraph (B) of section 
     641A(a)(1) of the Head Start Act (42 U.S.C. 9836a(a)(1)) and 
     include program standards for class sizes and ratios; and
       (ii) the State will coordinate such standards with other 
     early learning standards in the State.
       (B) An assurance that the State will ensure--
       (i) all preschool services in the State funded under this 
     section will--

       (I) be universally available to all children in the State 
     without any additional eligibility requirements; and
       (II) be high-quality, free, and inclusive; and

       (ii) that the local preschool programs in the State funded 
     under this section will--

       (I) by not later than 1 year after the program receives 
     such funding, meet the State's preschool education standards 
     described in subparagraph (A);
       (II) offer programming that meets the duration requirements 
     of at least 1,020 annual hours;
       (III) adopt policies and practices to conduct outreach and 
     provide expedited enrollment, including prioritization, to--

       (aa) children experiencing homelessness (which, in the case 
     of a child attending a program provided by an eligible 
     provider described in subsection (a)(6)(A), shall include 
     immediate enrollment for the child);
       (bb) children in foster care or kinship care;
       (cc) children in families who are engaged in migrant or 
     seasonal agricultural labor;
       (dd) children with disabilities, including eligible 
     children who are served under part C of the Individuals with 
     Disabilities Education Act; and
       (ee) dual language learners;

       (IV) provide for salaries, and set schedules for salaries, 
     for staff of providers in the State preschool program that 
     are equivalent to salaries of elementary school staff with 
     similar credentials and experience;
       (V) at a minimum, provide a living wage for all staff of 
     such providers; and
       (VI) require educational qualifications for teachers in the 
     preschool program including, at a minimum, requiring that 
     lead teachers in the preschool program have a baccalaureate 
     degree in early childhood education or a related field by not 
     later than 6 years after the date on which the State first 
     receives funds under this section, except that--

       (aa) subject to item (bb), the requirements under this 
     subclause shall not apply to individuals who were employed by 
     an eligible provider or early education program for a 
     cumulative 3 of the 5 years immediately preceding the date of 
     enactment of this Act and have the necessary content 
     knowledge and teaching skills for early childhood educators, 
     as demonstrated through measures determined by the State; and
       (bb) nothing in this section shall require the State to 
     lessen State requirements for educational qualifications, in 
     existence on the date of enactment of this Act, to serve as a 
     teacher in a State preschool program.
       (C) For States with existing publicly funded State 
     preschool programs (as of the date of submission of the State 
     plan), a description of how the State plans to use funding 
     provided under this section to ensure that such existing 
     programs in the State meet the requirements of this section 
     for a State preschool program.
       (D) A description of how the State, in establishing and 
     operating the State preschool program supported under this 
     section, will--
       (i) support a mixed-delivery system for any new slots 
     funded under this section, including by facilitating the 
     participation of Head Start programs and programs offered by 
     licensed child care providers;
       (ii) ensure the State preschool program does not disrupt 
     the stability of infant and toddler child care throughout the 
     State;
       (iii) ensure adequate consultation with the State Advisory 
     Council on Early Childhood Education and Care designated or 
     established in section 642B(b)(1)(A)(i) of the Head Start Act 
     (42 U.S.C. 9837b(b)(1)(A)(i)) in the development of its plan, 
     including consultation in how the State intends to distribute 
     slots under clause (v);
       (iv) partner with Head Start agencies to ensure the full 
     utilization of Head Start programs within the State; and
       (v) distribute new preschool slots and resources equitably 
     among child care (including family child care) providers, 
     Head Start agencies, and schools within the State.
       (E) A certification that the State, in operating the 
     program described in this section for a fiscal year--
       (i) will not reduce the total preschool slots provided in 
     State-funded preschool programs from the number of such slots 
     in the previous fiscal year; or
       (ii) if the number of eligible children identified in the 
     State declines from the previous fiscal year, will maintain 
     at least the previous year's ratio of the total preschool 
     slots described in clause (i) to eligible children so 
     identified.
       (F) An assurance that the State will use funding provided 
     under this section to ensure children with disabilities have 
     access to and participate in inclusive preschool programs 
     consistent with provisions in the Individuals with 
     Disabilities Education Act, and a description of how the 
     State will collaborate with entities carrying out programs 
     under section 619 or part C of the Individuals with 
     Disabilities Education Act, to support inclusive preschool 
     programs.
       (G) A certification that the State will support the 
     continuous quality improvement of programs providing 
     preschool services under this section, including support 
     through technical assistance, monitoring, and research.
       (H) A certification that the State will ensure a highly 
     qualified early childhood workforce to support the 
     requirements of this section.
       (I) An assurance that the State will meet the requirements 
     of clauses (ii) and (iii) of section 658E(c)(2)(T) of the 
     Child Care and Development Block Grant Act of 1990 (42 U.S.C. 
     9858c(c)(2)(T)), with respect to funding and assessments 
     under this section.
       (J) A certification that subgrant and contract amounts 
     provided as described in subsection (d) will be sufficient to 
     enable eligible providers to meet the requirements of this 
     section, and will provide for increased payment amounts based 
     on the criteria described in subclauses (IV) and (V) of 
     subparagraph (B)(ii).
       (K) An agreement to provide to the Secretary such periodic 
     reports, providing a detailed accounting of the uses of 
     funding received under this section, as the Secretary may 
     require for the administration of this section.
       (6) Duration of the plan.--Each State plan shall remain in 
     effect for a period of not more than 3 years. Amendments to 
     the State plan shall remain in effect for the duration of the 
     plan.
       (7) Transitional state plan.--For a period of not more than 
     3 years following the date of enactment of this Act, the 
     Secretary shall award funds under this section, for the 
     purpose of expanding access to universal, high-quality, free, 
     inclusive, and mixed-delivery preschool services in alignment 
     with the requirements of this section, to States with an 
     approved transitional State plan, submitted at such time, in 
     such manner, and containing such information as the Secretary 
     shall require, including at a minimum an assurance that the 
     State will submit a State plan under paragraph (5).
       (d) Subgrants and Contracts for Local Preschool Programs.--
       (1) Subgrants and contracts.--
       (A) In general.--A State that receives a payment under 
     subsection (c)(2) for a fiscal year shall use amounts 
     provided through the payment to pay the costs of subgrants 
     to, or contracts with, eligible providers to operate 
     universal, high-quality, free, and inclusive

[[Page S4309]]

     preschool programs (which State-funded programs may be 
     referred to in this section as ``local preschool programs'') 
     through the State preschool program in accordance with 
     paragraph (3). A State shall reduce or increase the amounts 
     provided under such subgrants or contracts if needed to 
     adjust for any overpayment or underpayment described in 
     subsection (c)(2)(B)(iv).
       (B) Amount.--A State shall award a subgrant or contract 
     under this subsection in a sufficient amount to enable the 
     eligible provider to operate a local preschool program that 
     meets the requirements of subsection (c)(5)(B), which amount 
     shall reflect variations in the cost of preschool services by 
     geographic area, type of provider, and age of child, and the 
     additional costs associated with providing inclusive 
     preschool services for children with disabilities.
       (C) Duration.--The State shall award a subgrant or contract 
     under this subsection for a period of not less than 3 years, 
     unless the subgrant or contract is terminated or suspended, 
     or the subgrant period is reduced, for cause.
       (2) Enhanced payments for comprehensive services.--In 
     awarding subgrants or contracts under this subsection and in 
     addition to meeting the requirements of paragraph (1)(B), the 
     State shall award subgrants or contracts with enhanced 
     payments to eligible providers that offer local preschool 
     programs funded under this subsection to a high percentage of 
     low-income children to support comprehensive services.
       (3) Establishing and expanding universal preschool 
     programs.--
       (A) Establishing and expanding universal preschool programs 
     in high-need communities.--In awarding subgrants or contracts 
     under this subsection, the State shall first prioritize 
     establishing and expanding universal local preschool programs 
     within and across high-need communities by awarding subgrants 
     or contracts to eligible providers operating within and 
     across, or with capacity to operate within and across, such 
     high-need communities. The State shall--
       (i) use a research-based methodology approved by the 
     Secretary to identify such high-need communities, as 
     determined by--

       (I) the rate of poverty in the community;
       (II) rates of access to high-quality preschool within the 
     community; and
       (III) other indicators of community need as required by the 
     Secretary; and

       (ii) distribute funding for preschool services under this 
     section within such a high-need community so that a majority 
     of children in the community are offered such preschool 
     services before the State establishes and expands preschool 
     services in communities with lower levels of need.
       (B) Use of funds.--Subgrants or contracts awarded under 
     subparagraph (A) shall be used to enroll and serve children 
     in such a local preschool program involved, including by 
     paying the costs--
       (i) of personnel (including classroom and administrative 
     personnel), including compensation and benefits;
       (ii) associated with implementing the State's preschool 
     standards, providing curriculum supports, and meeting early 
     learning and development standards;
       (iii) of professional development, teacher supports, and 
     training;
       (iv) of implementing and meeting developmentally 
     appropriate health and safety standards (including licensure, 
     where applicable), teacher to child ratios, and group size 
     maximums;
       (v) of materials, equipment, and supplies; and
       (vi) of rent or a mortgage, utilities, building security, 
     indoor and outdoor maintenance, and insurance.
       (4) Establishing and expanding universal preschool programs 
     in additional communities.--Once a State that receives a 
     payment under subsection (c)(2) meets the requirements of 
     paragraph (3) with respect to establishing and expanding 
     local preschool programs within and across high-need 
     communities, the State shall use funds from such payment to 
     enroll and serve children in local preschool programs, as 
     described in such paragraph, in additional communities in 
     accordance with the metrics described in paragraph (3)(A)(i). 
     Such funds shall be used for the activities described in 
     clauses (i) through (vi) of paragraph (3)(B).
       (e) Payments for Universal Preschool Services to Indian 
     Tribes and Territories.--
       (1) Indian tribes and tribal organizations.--
       (A) In general.--For each of fiscal years 2023 through 
     2028, from the amount appropriated for Indian Tribes and 
     Tribal organizations under subsection (b)(2)(A), the 
     Secretary shall make payments to Indian Tribes and Tribal 
     organizations with an application approved under subparagraph 
     (B), and the Tribes and Tribal organizations shall be 
     entitled to such payments for the purpose of carrying out the 
     preschool program described in this section, consistent, to 
     the extent practicable as determined by the Secretary, with 
     the requirements applicable to States.
       (B) Applications.--An Indian Tribe or Tribal organization 
     seeking a payment under this paragraph shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may specify.
       (2) Territories.--
       (A) In general.--For each of fiscal years 2023 through 
     2028, from the amount appropriated for territories under 
     subsection (b)(2)(B), the Secretary shall make payments to 
     the territories with an application approved under 
     subparagraph (B), and the territories shall be entitled to 
     such payments, for the purpose of carrying out the preschool 
     program described in this section, consistent, to the extent 
     practicable as determined by the Secretary, with the 
     requirements applicable to States.
       (B) Applications.--A territory seeking a payment under this 
     paragraph shall submit an application to the Secretary at 
     such time, in such manner, and containing such information as 
     the Secretary may specify.
       (3) Lead agency.--The head of an Indian tribe or territory 
     desiring for the Indian tribe or a related tribal 
     organization, or territory, to receive a payment under this 
     subsection shall designate a lead agency (such as a tribal or 
     territorial agency or joint interagency office) for the 
     administration of the preschool program of the Indian tribe 
     or territory, under this section.
       (f) Grants to Localities and Head Start Expansion in 
     Nonparticipating States.--
       (1) Eligible locality defined.--In this subsection, the 
     term ``eligible locality'' means a city, county, or other 
     unit of general local government, a local educational agency, 
     or a Head Start agency.
       (2) Grants to localities.--
       (A) In general.--The Secretary, in consultation with the 
     Secretary of Education, shall use funds reserved in 
     subsection (b)(2)(F) or reallotted under subsection (c)(2)(C) 
     to award local universal preschool grants, as determined by 
     the Secretary of Health and Human Services, to eligible 
     localities located in States that have not received payments 
     under subsection (c)(2)(A). The Secretary shall award the 
     grants to eligible localities in a State from the allotment 
     made for that State under subparagraph (B). The Secretary 
     shall specify the requirements for an eligible locality to 
     conduct a preschool program under this subsection which 
     shall, to the greatest extent practicable, be consistent with 
     the requirements applicable to States under this section, for 
     a universal, high-quality, free, and inclusive preschool 
     program.
       (B) Allotments.--For each State described in subparagraph 
     (A), the Secretary shall allot for the State for a fiscal 
     year an amount that bears the same relationship to the funds 
     appropriated under subsection (b)(2)(F) for the fiscal year 
     as the number of children from families with family incomes 
     at or below 200 percent of the poverty line, and who are 
     under the age of 6, in the State bears to the total number of 
     all such children in all States described in subparagraph 
     (A).
       (C) Application.--To receive a grant from the corresponding 
     State allotment under this subsection, an eligible locality 
     shall submit an application to the Secretary at such time, in 
     such manner, and containing such information as the Secretary 
     may require. The requirements for the application shall, to 
     the greatest extent practicable, be consistent with the State 
     plan requirements applicable to States under this section.
       (D) Recoupment of unused funds.--Notwithstanding any other 
     provision of this section, for each of fiscal years 2024 
     through 2028, the Secretary shall have the authority to 
     recoup any unused funds allotted under subparagraph (B) for 
     awards under paragraph (3)(A) to Head Start agencies in 
     accordance with paragraph (3).
       (3) Head start expansion in nonparticipating states.--
       (A) In general.--The Secretary shall use funds appropriated 
     under subsection (b)(2)(G), reallotted under subsection 
     (c)(2)(C), or recouped under paragraph (2) to make awards to 
     Head Start agencies in a State described in paragraph (2)(A) 
     to carry out the purposes of the Head Start Act in such 
     State.
       (B) Rule.--For purposes of carrying out the Head Start Act 
     in circumstances not involving awards under this paragraph, 
     funds awarded under subparagraph (A) shall not be included in 
     the calculation of a ``base grant'' as such term is defined 
     in section 640(a)(7)(A) of the Head Start Act (42 U.S.C. 
     9835(a)(7)(A)).
       (C) Definition.--In this paragraph, the term ``Head Start 
     agency'' means an entity designated or eligible to be 
     designated as a Head Start agency under section 641(a)(1) of 
     the Head Start Act or as an Early Head Start agency (by 
     receiving a grant) under section 645A(a) of such Act.
       (4) Priority for serving underserved communities.--In 
     making determinations to award a grant or make an award under 
     this subsection, the Secretary shall give priority to 
     entities serving communities with a high percentage of 
     children from families with family incomes at or below 200 
     percent of the poverty line.
       (g) Allowable Sources of Non-Federal Share.--For purposes 
     of calculating the amount of the non-Federal share, as 
     determined under subsection (c)(2)(B)(iii), relating to a 
     payment under subsection (c)(2)(B), a State's non-Federal 
     share--
       (1) may be in cash or in kind, fairly evaluated, including 
     facilities or property, equipment, or services;
       (2) shall include any increase in amounts spent by the 
     State to expand half-day kindergarten programs in the State, 
     as of the day before the date of enactment of this Act, into 
     full-day kindergarten programs;
       (3) shall not include contributions being used as a non-
     Federal share or match for another Federal award;
       (4) shall be provided from State or local sources, 
     contributions from philanthropy or

[[Page S4310]]

     other private organizations, or a combination of such sources 
     and contributions; and
       (5) shall count not more than 100 percent of the State's 
     current spending on prekindergarten programs, calculated as 
     the average amount of such spending by the State for fiscal 
     years 2020, 2021, and 2022, toward the State's non-Federal 
     share.
       (h) Maintenance of Effort.--
       (1) In general.--If a State reduces its combined fiscal 
     effort per child for the State preschool program (whether a 
     publicly funded preschool program or a program under this 
     section) or through State supplemental assistance funds for 
     Head Start programs assisted under the Head Start Act, or 
     through any State spending on preschool services for any 
     fiscal year that a State receives payments under subsection 
     (c)(2) (referred to in this paragraph as the ``reduction 
     fiscal year'') relative to the previous fiscal year, the 
     Secretary, in collaboration with the Secretary of Education, 
     shall reduce support for such State under such subsection by 
     the same amount as the total reduction in that State fiscal 
     effort for such reduction fiscal year.
       (2) Waiver.--The Secretary, in collaboration with the 
     Secretary of Education, may waive the requirements of 
     paragraph (1) if--
       (A) the Secretaries determine that a waiver would be 
     appropriate due to a precipitous decline in the financial 
     resources of a State as a result of unforeseen economic 
     hardship, or a natural disaster, that has necessitated 
     across-the-board reductions in State services during the 5-
     year period preceding the date of the determination, 
     including for early childhood education programs; or
       (B) due to the circumstance of a State requiring reductions 
     in specific programs, including early childhood education 
     programs, the State presents to the Secretaries a 
     justification and demonstration why other programs could not 
     be reduced and how early childhood education programs in the 
     State will not be disproportionately harmed by such State 
     reductions.
       (i) Supplement Not Supplant.--Funds received under this 
     section shall be used to supplement and not supplant other 
     Federal, State, and local public funds expended on 
     prekindergarten programs in the State on the date of 
     enactment of this Act, calculated as the average amount of 
     such Federal, State, and local public funds expended for 
     fiscal years 2020, 2021, and 2022.
       (j) Nondiscrimination Provisions.--The following provisions 
     of law shall apply to any program or activity that receives 
     funds provided under this section:
       (1) Title IX of the Education Amendments of 1972.
       (2) Title VI of the Civil Rights Act of 1964.
       (3) Section 504 of the Rehabilitation Act of 1973.
       (4) The Americans with Disabilities Act of 1990.
       (k) Monitoring and Enforcement.--
       (1) Review of compliance with requirements and state 
     plan.--The Secretary shall review and monitor compliance of 
     States, territories, Tribal entities, and local entities with 
     this section and State compliance with the State plan 
     described in subsection (c)(5) or State transitional plan 
     described in subsection (c)(7).
       (2) Issuance of rule.--The Secretary shall establish by 
     rule procedures for--
       (A) receiving, processing, and determining the validity of 
     complaints or findings concerning any failure of a State to 
     comply with the State plan or any other requirement of this 
     section;
       (B) notifying a State when the Secretary has determined 
     there has been a failure by the State to comply with a 
     requirement of this section; and
       (C) imposing sanctions under this subsection for such a 
     failure.
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