Sec. 23001. Birth through five child care and early learning entitlement

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This section may be cited as the . Birth Through Five Child Care and Early Learning Entitlement Act The definitions in section 658P of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n ) shall apply to this section, except as provided in subparagraph

(2)and as otherwise specified. In this section: The term child care certificate means a certificate (that may be a check or other disbursement) that is issued by a State or local government under this section directly to a parent who may use such certificate only as payment for child care services or as a deposit for child care services if such a deposit is required of other children being cared for by the provider. Nothing in this section shall preclude the use of such certificates for sectarian child care services if freely chosen by the parent. For the purposes of this section, child care certificates shall be considered Federal financial assistance to the provider. 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 ). The term eligible activity , with respect to a parent, shall include, at minimum, activities consisting of— full-time or part-time employment; self-employment; job search activities; job training; secondary, postsecondary, or adult education, including education through a program of high school classes, a course of study at an institution of higher education, classes towards an equivalent of a high school diploma recognized by State law, or English as a second language classes; health treatment (including mental health and substance use treatment) for a condition that prevents the parent from participating in other eligible activities; activities to prevent child abuse and neglect, or family violence prevention or intervention activities; employment and training activities under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ); employment and training activities under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 ) work activities under the program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); and taking leave under the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 et seq. ) (or equivalent provisions for Federal employees), a State or local paid or unpaid leave law, or a program of employer-provided leave. The term eligible child means an individual (without regard to the immigration status of the individual or of any parent of the individual)— who is less than 6 years of age; who is not yet in kindergarten; whose family income— does not exceed 100 percent of the State median income for a family of the same size for fiscal year 2022; does not exceed 115 percent of such State median income for fiscal year 2023; does not exceed 130 percent of such State median income for fiscal year 2024; and for each of the fiscal years 2025 through 2027, is of any level; whose family assets do not exceed $1,000,000 (as certified by a member of such family); and who— resides with a parent participating in an eligible activity; is included in a population of vulnerable children identified by the lead agency involved, which at a minimum shall include children experiencing homelessness, children in foster care, children in kinship care, and children who are receiving, or need to receive, child protective services; or resides with a parent who is more than 65 years of age. The term eligible child care provider means a center-based child care provider, a family child care provider, or other provider of child care services for compensation that— is licensed to provide child care services under State law; participates in the State’s tiered system for measuring the quality of child care providers described in subsection(f)(4)(B)— not later than the last day of the third fiscal year for which the State receives funds under this section; and for the remainder of the period for which the provider receives funds under this section; and satisfies the State and local requirements applicable to eligible child care providers under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9857 et seq. ), including those requirements described in section 658E(c)(2)(I) of such Act ( 42 U.S.C. 9858c(c)(2)(I) ). A child care provider who has been eligible to provide child care services in a State for children receiving assistance under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9857 et seq. ) on the date the State submits an application for funds under this section and remains in good standing with the State, shall be deemed to be an eligible child care provider under this section for 3 years after the State receives funding under this section. The term FMAP has the meaning given the term Federal medical assistance percentage in the first sentence of section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ). Family child care provider means one or more individuals who provide child care services less than 24 hours per day per child, in a private residence other than the residences of the children, unless care for 24 hours is provided due to the nature of the parent(s)’ work. The term inclusive , with respect to care (including child care), means care provided by an eligible child care provider— for whom the percentage of children served by the provider who are children with disabilities or infants or toddlers with disabilities reflects the prevalence of children with disabilities and infants and toddlers with disabilities (whichever the provider serves) among children within the State involved; and that provides care and full participation for children with disabilities and infants and toddlers with disabilities (whichever the provider serves) alongside children who are— not children with disabilities; and not infants and toddlers with disabilities. The term infant or toddler means an individual who is less than 3 years of age. The term infant or toddler with a disability has the meaning given the term in section 632 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1432 ). The term lead agency means the agency designated or established under subsection (e). The term State means any of the 50 States and the District of Columbia. The term territory means the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. The term Tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). The term Urban Indian organization has the meaning given the term in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). 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, for carrying out this section— $20,000,000,000 for fiscal year 2022, to remain available until September 30, 2025, $30,000,000,000 for fiscal year 2023, to remain available until September 30, 2026 $40,000,000,000 for fiscal year 2024, to remain available until September 30, 2027; such sums as may be necessary for each of fiscal years 2025 through 2027, to remain available for one fiscal year. 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, $130,000,000 for each of fiscal years 2022, 2023, and 2024, to carry out subsection (k). Amounts appropriated by the preceding sentence shall be available for one fiscal year. From the amounts appropriated under subsection (a), the Secretary shall reserve, to carry out subsection (k), up to 1 percent of such amounts for each of fiscal years 2025, 2026, and 2027, which shall be in addition to amounts otherwise available for this purpose. Amounts appropriated by the preceding sentence shall be available for one fiscal year. The Secretary is authorized to administer a child care and early learning entitlement program under which families, in States, territories, and Indian Tribes with an approved application under subsection

(f)or (g), shall be provided an opportunity to obtain high-quality child care services for eligible children, subject to the requirements of this section. Beginning on October 1, 2024, every family who applies for assistance under this section with respect to a child in a State with an approved application under subsection (g), or in a territory or Indian tribe with an approved application under subsection (f), and who is determined, by a lead agency (or other entity designated by a lead agency) following standards and procedures established by the Secretary by rule, to be an eligible child, shall be offered child care assistance in accordance with and subject to the requirements and limitations of this section. The Governor of a State or the head of a territory or Indian tribe, desiring to receive assistance under this section shall designate an agency (which may be an appropriate collaborative agency), or establish a joint interagency office— to serve as the lead agency for the State, territory, or Indian tribe under this section; and to administer, directly or through other governmental or nongovernmental agencies of the State, territory or Indian tribe the financial assistance received under this section by the State, territory, or Indian tribe, including by certifying the eligibility of children. To be eligible to receive assistance under this section, a State shall prepare and submit to the Secretary for approval an application at such time, in such manner, and containing a State plan that— for a transitional State plan, meets the requirements under subsection

(c)and contains such information as the Secretary may require, to demonstrate the State will meet the requirements of this section; and for a full State plan, meets the requirements under subsection

(d)and contains that information. A State plan contained in the application shall be designed to be implemented— for a transitional State plan, during a 1-year period; and for a full State plan, during a 3-year period. For a period of 1 year following the date of enactment of this Act, the Secretary shall award funds under this section to States with an approved application that contains a transitional State plan, submitted under paragraph (1)(A) that includes, at a minimum— an assurance that the State will submit a State plan under paragraph (4); and a description of how the funds received by the State under this section will be spent to expand access to child care assistance and increase the supply and quality of child care providers within the State, in alignment with the requirements of this section. The Secretary may award funds under this section to States with an approved application that contains a subsequent State plan, submitted under subsection (a)(2), that includes, at a minimum, the following: The State plan shall certify that payment rates for the provision of child care services for which assistance is provided in accordance with this section for the period covered by the plan, within 3 years after the State receives funds under this section— will be sufficient to meet the cost of child care, and set in accordance with a cost estimation model or cost study described in clause

(ii)that is approved by the Secretary; and will correspond to differences in quality (including improved quality) based on the State’s tiered system for measuring the quality of eligible child care providers described in subparagraph (B). Such State plan shall— demonstrate that the State has, after consulting with relevant entities and stakeholders, developed and uses a statistically valid and reliable cost estimation model or cost study for the payment rates of child care services in the State that reflect rates for providers at each of the tiers of the State’s tiered system for measuring the quality of child care providers described in subparagraph (B), and variations in the cost of child care services by geographic area, type of provider, and age of child, and the additional costs associated with providing inclusive child care services; and certify that the State’s payment rates for child care services for which assistance is provided in accordance with this section— are set in accordance with the most recent estimates from the most recent cost estimation model or cost study under subclause (I), so that providers at each tier of the tiered system for measuring provider quality described in subparagraph

(B)receive a payment that is sufficient to meet the requirements of such tier; are set so as to provide payments to providers not at the top tier of the tiered system that are sufficient to enable the providers to increase quality to meet the requirements for the next tier; ensure adequate wages for staff of child care providers providing such child care services that— at a minimum, provide a living wage for all staff of such child care providers; and are equivalent to wages for elementary educators with similar credentials and experience in the State; and are adjusted on an annual basis for cost of living increases to ensure those payment rates remain sufficient to meet the requirements of this section. Such State plan shall include an assurance that the State will implement payment practices that support the fixed costs of providing child care services. Such State plan shall certify that the State has implemented, or assure that the State will implement within 3 years after receiving funds under this section, a tiered system for measuring the quality of eligible child care providers who provide child care services for which assistance is made available under this section. Such tiered system shall— include a set of standards, for determining the tier of quality of a child care provider, that— uses standards for a highest tier that at a minimum are equivalent to Head Start program performance standards described in section 641A(a)(1)(B) of the Head Start Act ( 42 U.S.C. 9836a(a)(1)(B) ) or other equivalent evidence-based standards approved by the Secretary; and includes quality indicators and thresholds that are appropriate for child development in different types of child care provider settings, including child care centers and the settings of family child care providers, and are appropriate for providers serving different age groups (including mixed age groups) of children; include a different set of standards that includes indicators, when appropriate, for care during nontraditional hours of operation; and provide for sufficient resources and supports for child care providers at tiers lower than the highest tier to facilitate progression toward higher quality standards. Such State plan shall certify the State has implemented, or will implement within 3 years of receiving funds under this section, policies and financing practices that will ensure all families of eligible children can choose for the children to attend child care at the highest quality tier within 6 years after the date of enactment of this Act. Such plan shall provide a certification that the State has or will have within 3 years after receiving funds under this section, a wage ladder for staff of eligible child care providers receiving assistance under this section, including a certification that wages for such staff, at a minimum, will meet the requirements of subparagraph (A)(ii)(II)(cc). Except as provided in clauses (ii)(I) and (iii), the State plan shall provide an assurance that the State will for the period covered by the plan use a sliding fee scale described in clause

(ii)to determine a copayment for a family receiving assistance under this section (or, for a family receiving part-time care, a reduced copayment that is the proportionate amount of the full copayment). A full copayment described in clause

(i)shall use a sliding fee scale that provides that, for a family with a family income— of not more than 75 percent of State median income for a family of the same size, the family shall not pay a copayment, toward the cost of the child care involved for all eligible children in the family; of more than 75 percent but not more than 100 percent of State median income for a family of the same size, the copayment shall be more than 0 but not more than 2 percent of that family income, toward such cost for all such children; of more than 100 percent but not more than 125 percent of State median income for a family of the same size, the copayment shall be more than 2 but not more than 4 percent of that family income, toward such cost for all such children; of more than 125 percent but not more than 150 percent of State median income for a family of the same size, the copayment shall be more than 4 but not more than 7 percent of that family income, toward such cost for all such children; and of more than 150 percent of the State median income for a family of the same size, the copayment shall be 7 percent of that family income, toward such cost for all such children. The State shall not require a copayment under this subparagraph for any eligible child of a family with a child that is eligible for a Head Start program under the Head Start Act ( 42 U.S.C. 9831 et seq. ), or a child who has been identified as a member of a population listed in subsection (b)(2)(D)(v)((II). A State or another entity may pay a copayment (full or reduced) under this subparagraph on behalf of a family, but may not receive Federal reimbursement under this section for such payment. The State plan shall certify that the State shall not permit a child care provider receiving financial assistance under this section to charge, for child care for an eligible child, more than the total of— the financial assistance provided for the child under this section; and any applicable copayment pursuant to subparagraph (E). The State plan shall assure that each child who receives assistance under this section will be considered to meet all eligibility requirements for such assistance, and will receive such assistance, for not less than 24 months, and the child’s eligibility determination and redetermination, including any determination based on the State’s definition of eligible activities, shall be implemented in such a manner that supports child well-being and reduces barriers to enrollment, including continuity of services. The State plan shall assure that the State will prioritize increasing access to, and the quality and the supply of, child care in the State for underserved populations, including at a minimum, low-income children, children in underserved areas, infants and toddlers, children with disabilities and infants and toddlers with disabilities, children who are dual language learners, and children who receive care during nontraditional hours. The State plan shall include a certification that the State will apply, under this section, the policies and procedures described in subparagraphs (A), (B), (I), (J), (K)(i), (R), and

(U)of section 658E(c)(2) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c(c)(2) ), and the policies and procedures described in section 658H of such Act, to child care services provided under this section. The State plan shall include an assurance that the State has or will develop within 3 years after receiving funds under this section, licensing standards for child care providers and a pathway to such licensure that is available to and appropriate for child care providers in a variety of settings, to ensure providers eligible under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9857 et seq. ), have a pathway to become eligible providers under this section. The State plan shall include an agreement to provide to the Secretary such periodic reports, providing a detailed accounting of the uses of such funds received under this section, as the Secretary may require for the administration of this section. For each of fiscal years 2022 through 2024, the Secretary shall, from the amount appropriated under subsection (c)(1)(A) for each such fiscal year— reserve not less than 4 percent for Indian Tribes, Tribal organizations, and Urban Indian organizations for child care assistance; reserve not less than 0.5 of 1 percent for Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands for child care assistance; and from the amount so appropriated and not reserved under subclauses

(I)and (II), make allotments to each State in the same manner as the Secretary makes such allotments using the formula under section 658O(b) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n(b) ). $9,600,000,000 for each of the fiscal years 2022 through 2027 to carry out the program of grants to localities in subsection (i). For purposes of this paragraph, the term State means the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. For each of fiscal years 2022 through 2024, from the amount reserved for Indian Tribes, Tribal organizations, and Urban Indian organizations under subparagraph (A)(i)(I), the Secretary shall make payments to Indian Tribes, Tribal organizations, and Urban Indian organizations, and the Tribes, Tribal organizations, and Indian organizations shall be entitled to such payments, for carrying out programs or activities consistent with the objectives of this section. An Indian Tribe, Tribal organization, or Urban Indian organization seeking a payment under clause (ii)(II) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may specify, including the agreement described in subsection (f)(4)(K). For each of fiscal years 2022 through 2024, from the amount reserved for territories under subsection (A)(i)(II), the Secretary shall make payments to the territories specified in that paragraph, and the territories shall be entitled to such payments, for carrying out programs or activities consistent with the objectives of this section. A territory specified in clause (i)(II) seeking a payment under this clause shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may specify, including the agreement described in subsection (f)(4)(K). For each of fiscal years 2022 through 2024, each State that has an application approved under subsection

(f)shall be entitled to a payment under this clause in the amount equal to its allotment under subparagraph

(A)for such fiscal year. Notwithstanding any other provision of this paragraph, for each of fiscal years 2022 through 2024, the Secretary shall have the authority to reallot funds that were allotted under subparagraph

(A)from any State without an approved application under subsection

(f)by the date required by the Secretary, to States with approved applications under that subsection, to Tribes with an approved application under subparagraph (A)(ii), and to territories with an approved application under . For each of fiscal years 2025 through 2027: The Secretary shall pay to each State with an approved application under subsection (f), and that State shall be entitled to, an amount for each quarter equal to 90 percent of expenditures in the quarter for child care assistance for eligible children described under subsection (h)(2)(B). The Secretary shall pay to each State with an approved application under subsection (f), and that State shall be entitled to, an amount for each quarter equal to 90 percent of expenditures in the quarter for the components of the child care entitlement program described under subsection (h)(2)(B). Funds reserved from the amount under subsection (h)(2)(C) shall be subject to clause (ii). The Secretary shall pay to each State with such an approved application, and that State shall be entitled to, an amount for each quarter equal to the FMAP of expenditures in the quarter to carry out the quality and supply building activities under subsection (h)(2)(C) subject to the limit specified in clause

(i)of such subsection. The Secretary shall pay to each State with such an approved application, and that State shall be entitled to, an amount for each quarter equal to 50 percent of expenditures in the quarter for the costs of administration incurred by the State— which shall include reasonable costs incurred by the State in carrying out the child care program established in this section; and which may include, at the option of the State, costs associated with carrying out requirements, policies, and procedures described in section 658H of the Child Care and Development Block Grant Act ( 42 U.S.C. 9858f ). For each of fiscal years 2025 through 2027, the Secretary may make payments under this subsection for each quarter on the basis of advance estimates of expenditures submitted by the State and such other investigation as the Secretary may find necessary, and shall reduce or increase the payments as necessary to adjust for any overpayment or underpayment for previous quarters. Nothing in this subsection shall be construed as preventing a State from claiming as expenditures in a quarter expenditures that were incurred in a previous quarter and not claimed in such previous quarter. For each of fiscal years 2025 through 2027, the Secretary shall make payments to territories, and Indian tribes, tribal organizations, and Urban Indian organizations, with applications submitted as described in subsection (a), and approved by the Secretary. The territories, Indian tribes, tribal organizations, and Urban Indian organizations shall be entitled to such payments to carry out the activities described in subsection (h)(2). For each of fiscal years 2022 through 2024, a State that receives a payment under subsection (g)(1) shall reserve and use— 50 percent of such payment for activities to— expand access to child care assistance for eligible children (with priority for providing access for children in families with incomes less than 85 percent of the State median income); and increase child care provider payment rates to support the cost of providing high-quality child care services, including rates sufficient to support increased wages for staff of eligible child care providers; 25 percent of such payment for activities described in subsection (b)(3); and 25 percent for activities under subparagraph

(A)or activities under subparagraph (B), as determined by the State. Starting on October 1, 2024, a State shall use amounts provided to the State under subsection (g)(2) for child care services (provided on a sliding fee scale basis), activities to improve the quality and supply of child care services, and State administration. The State shall ensure that parents of eligible children can access child care services provided by an eligible child care provider through a grant or contract under clause

(ii)or a certificate under clause (iii). The State shall award grants or contracts to eligible child care providers, consistent with the requirements under this section, for the provision of child care services for eligible children that, at minimum, support providers’ operating expenses to meet and sustain health, safety, quality, and wage standards required under this section. The State shall issue a child care certificate directly to a child care provider on behalf of a parent who may use such certificate only as payment for child care services or as a deposit for child care services if such a deposit is required of other children being cared for by the provider, consistent with the requirements under this section. For each of fiscal years 2025 through 2027, from the total of the annual payments made to the State for a particular fiscal year, the State shall reserve and use a quality child care amount equal to not less than 5 percent and not more than 10 percent of the amount made available to the State through such payments for that particular fiscal year (and shall reserve and use a proportional amount from each quarterly payment made to the State for that particular fiscal year). Each State shall use the quality child care amount described in subclause

(I)to implement activities described in subparagraphs

(B)and

(C)that increase the quality and supply of eligible child care providers, and the number of available slots in the State for child care services funded under this section, prioritizing assistance for child care providers who are in underserved communities and who are providing, or are seeking to provide, child care services for underserved populations identified in subsection (f)(4)(H). Assistance provided under this subparagraph may be administered— directly by the lead agency; or through other State government agencies, local or regional child care resource and referral organizations, community development financial institutions, other intermediaries with experience supporting child care providers, or other appropriate entities that enter into a contract with the State to provide such assistance. Activities funded under the quality child care amount described in clause

(i)shall include each of the following: From a portion of the quality child care amount, a State shall make startup and supply expansion grants to support child care providers who are providing, or seeking to provide, child care services to children receiving assistance under this section, with priority for providers providing or seeking to provide child care in underserved communities and for underserved populations identified in subsection (f)(4)(H), to— support startup and expansion costs; and assist such providers in meeting health and safety requirements and achieving licensure. As a condition of receiving a startup or supply expansion grant under this subclause, a child care provider shall commit to meeting the requirements of an eligible provider under this section, and providing child care services to children receiving assistance under this section on an ongoing basis. From a portion of the quality child care amount, a State shall provide quality grants to eligible child care providers providing child care services to children receiving assistance under this section to improve the quality of such providers, including— supporting such providers in meeting or making progress toward the requirements for the highest tier of the State’s tiered system for measuring the quality of child care providers under subsection (f)(4)(B); and supporting such providers in sustaining child care quality. From a portion of the quality child care amount, a State shall provide support, including through awarding facilities grants, for remodeling, renovation, or repair of a building or facility to the extent permitted under section 658F(b) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 ). For fiscal years 2022 through 2024, and in subsequent years with approval from the Secretary, a State may provide such facilities grants for construction, permanent improvement, or major renovation of a building or facility primarily used for providing child care services, in accordance with the following: Federal interest provisions will not apply to the renovation or rebuilding of privately-owned family child care homes under this subclause. Eligible child care providers may not use funds for buildings or facilities that are used primarily for sectarian instruction or religious worship. The Secretary shall develop parameters on the use of funds under this subclause for family child care homes. The Secretary shall not retain Federal interest after a period of 10 years in any facility built, renovated, or repaired with funds awarded under this subclause. A State shall use a portion of the quality child care amount to improve the quality of child care services, which shall include— supporting the training and professional development of the early childhood workforce, including supporting degree attainment and credentialing for early childhood educators; developing, implementing, or enhancing the State’s tiered system for measuring the quality of child care providers under subsection (f)(4)(B); improving the supply and quality of developmentally appropriate child care programs and services for underserved populations described in subsection (f)(4)(H); improving access to child care services for children experiencing homelessness and children in foster care; and other activities to improve the supply and quality of child care services, including activities described in paragraphs

(1)through

(10)of section 658G(b) of the Child Care and Development Block Grant Act of 1990 42 U.S.C. 9858e ). From a portion of the quality child care amount, the State shall provide technical assistance to increase the supply and quality of eligible child care providers who are providing, or seeking to provide, child care services to children receiving assistance under this section, including providing support to enable providers to achieve licensure. –In this subsection the term eligible locality means a city, county, or other unit of general local government, or a Head Start grantee. The Secretary shall use funds reserved in subsection (g)(1)(A)(i)(IV)) to award local Birth through Five Child Care and Early Learning Grants to eligible localities located in States that have made it apparent that they will not apply for payments under subsection (f). 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 provide access to child care to children in families with income that does not exceed 200 percent of the Federal poverty level, which shall, to the greatest extent practicable, be consistent with the requirements applicable to States under this section. 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 subsection (f). In awarding a grant under this paragraph, the Secretary, shall give priority to eligible localities seeking to serve underserved populations. The following provisions of law shall apply to any program or activity that receives funds provided under this section: Title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ). Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ). Section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). The Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). Section 654 of the Head Start Act ( 42 U.S.C. 9849 ). To be eligible to receive a grant under this section, a State shall that receives payments under this section for a fiscal year, in using the funds made available through the payments, shall maintain child care assistance for families at levels not less than the levels provided by the State in fiscal year 2021. The Secretary shall determine the State expenditures allowable under this requirement. The Secretary shall review and monitor State compliance with this section and the plan described in subsection (f)(4) of the State. The Secretary shall establish by rule procedures for— 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; 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 imposing sanctions under this subsection for such a failure. Using funds reserved under subsection (b)(2), the Secretary shall provide technical assistance to States, territories and Indian Tribes and carry out research, evaluations, and administration related to this section. For each of fiscal years 2025, 2026, and 2027, a State receiving assistance under this section shall not use more than 10 percent of any funds received under the Child Care and Development Block Grant Act of 1990 to provide child care assistance to children under the age of 6, who are eligible under that Act. Any child who is less than 6 years of age, is not yet in kindergarten, and is receiving assistance under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9857 et seq. ) on the date funding is first allocated to the lead agency under this section— shall be deemed immediately eligible to receive assistance under this section; and may continue to use the child care provider of the family’s choice. The Secretary is authorized to institute procedures for implementing this section, including issuing guidance for States receiving funds under subsection (g).

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Sec. 23001

Birth through five child care and early learning entitlement

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