Sec. 101. Birth through five child care and early learning program

9,011 words·~41 min read·/bill/118/hr/2976/ih/section-101

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 subsection

(b)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, Tribal, territorial, or local government under this section directly to a parent who shall 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 indirect 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 Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 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— who is less than 6 years of age; who is not yet in kindergarten; and who— resides with a parent or parents who are 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 with disabilities, infants and toddlers with disabilities, children experiencing homelessness, children in foster care, children in kinship care, children in a family that is eligible for assistance through the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ), a household that is eligible to receive assistance through the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ), or a family that is eligible to receive assistance through the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ), 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; a parent who is employed by an eligible child care provider; or a parent who is enrolled in high school and has not exceeded the maximum age of enrollment in high school. An individual who is determined to be an eligible child, and is a child in foster care or a child experiencing homelessness, shall not be required to reverify eligibility for purposes of this title during the period after the determination and before the individual becomes 6 years of age or enters kindergarten, whichever occurs earlier. 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 applicable to the child care services it provides or, in the case of an Indian Tribe or Tribal organization, meets the rules set by the Secretary; participates in the State’s tiered system for recognizing and supporting the quality of child care services described in subsection (f)(3)(B), or, in the case of an Indian Tribe or Tribal organization, meets the rules set by the Secretary— not later than 4 years after the State first 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, including those requirements described in section 658E(c)(2)(I) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c(c)(2)(I) ), applicable to the child care services it provides. A child care provider who is 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 compliance with any licensing or registration standards, or regulations, of the State, shall be deemed to be an eligible child care provider under this section for 3.5 years after the State first 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) ). The term family child care provider means one or more individuals who provide child care services, in a private residence other than the residences of the children involved, for less than 24 hours per day per child, or for 24 hours per day per child due to the nature of the work of the parent involved. 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 under subsection (e). The term provider type means a type that is— a center-based child care provider; a family child care provider; or another non-center-based child care provider. The term staffed family child care network means a nonprofit organization— that may be a component of a child care resource and referral organization; that has at least one paid staff member; and that offers evidence-based professional development, quality improvement support, business support, and technical assistance, including on achieving licensure as a child care provider, to family child care providers. 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. 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 2024 through 2029, for payments to States, territories, and Indian Tribes and Tribal organizations, and for carrying out this section (other than carrying out activities described in paragraph

(2)or (3)). In addition to amounts otherwise available, there is appropriated to the Department of Health and Human Services for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, $20,000,000,000, to remain available until September 30, 2029, to carry out the programs of grants to localities and awards to Head Start agencies described in subsection (i). In addition to amounts otherwise available, there is appropriated to the Department of Health and Human Services for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, $1,300,000,000, to remain available until September 30, 2029, to carry out subsections

(k)and (l). The Secretary is authorized to administer a child care and early learning entitlement program under which an eligible child, in a State, territory, or Indian Tribe, or served by a Tribal organization with an approved application under subsection

(f)or (g), shall be provided an opportunity to obtain high-quality child care services, subject to the requirements of this section. Beginning on October 1, 2024, every child who applies for assistance under this section, who is in a State with an approved application under subsection (f), or in a territory or Indian Tribe or served by a Tribal organization with an approved application under subsection (g), and who is determined, by a lead agency (or other entity designated by a lead agency) for the State, territory, Indian Tribe, or Tribal organization involved, following standards and procedures established by the Secretary by rule, to be an eligible child, shall be offered and shall be entitled to receive assistance for direct child care services 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 for the State, territory, or Indian tribe or a related tribal organization to receive a payment under this section, shall designate a lead agency (such as a State agency or joint interagency office) to administer the child care program carried out under this section. To be eligible to receive assistance under this section, a State shall prepare and submit to the Secretary for approval an application containing a State plan that meets the requirements under paragraph

(3)and contains that information. A State plan contained in the application shall be designed to be implemented during a period of not more than 3 years. The Secretary shall award funds under this section to States with an approved application that contains a State plan, submitted under paragraph (1), at such time, in such manner, and containing such information as the Secretary shall by rule require, including, at a minimum, the following: The State plan shall certify that payment rates for the provision of direct 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 first receives funds under this section— will be sufficient to meet the cost of child care (including fixed costs such as rent or mortgage and salaries), and set (with pay being paid) 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 recognizing and supporting the quality of child care services described in subparagraph (B). Such State plan shall— demonstrate that the State has, after consulting with the entities and administrators described in subclause (II), developed and uses a statistically valid and reliable cost estimation model or cost study for the payment rates for direct child care services in the State (that are sufficient to cover providers’ fixed costs and take into account payments made through BASE grants under title II), for the cost of child care at each of the tiers of the State’s tiered system for recognizing and supporting the quality of child care services described in subparagraph (B), and for variations in the cost of direct child care services by geographic area, provider type, and age of child, and the additional costs associated with providing inclusive care; certify that the entities and administrators consulted included the State Advisory Council on Early Childhood Education and Care designated or established in section 642B(b)(1)(A)(i) of the Head Start Act ( 42 U.S.C. 9837b(b)(1)(A)(i) ) (including State Head Start collaboration office directors), administrators of local child care programs and Head Start agencies, organizations representing child care directors, teachers, and other staff, local child care resource and referral organizations, organizations representing parents of children with disabilities and parents of infants and toddlers with disabilities, the State interagency coordinating council established under section 641 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1441 ), the State advisory panel established under section 612(a)(21) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1412(a)(21) ), and other appropriate entities; certify that the State— not later than 30 days after finalizing the cost estimation model or cost study, published a detailed report containing the child care costs estimated with the cost estimation model or cost study, and including an explanation detailing how the wage requirements described in subclause (IV)(cc) were applied in the estimation of such costs; and not later than 60 days after publishing the report, established a system to receive public comment on the report about making changes to the cost estimation model or cost study, provided an opportunity for the public to comment on the report through that system, and submitted the report to the Secretary; and certify that the State’s payment rates for direct child care services for which assistance is provided in accordance with this section— are set (with pay being paid) 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 recognizing and supporting the quality of child care services described in subparagraph

(B)receive a payment that is sufficient to fully 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 direct 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; certify that the State will update, not less often than once every 3 years, the cost estimation model or cost study, following the process and in accordance with the requirements of this subparagraph; and certify that the State has established a system for appeals of the child care costs estimated with the cost estimation model or cost study. Such State plan shall include an assurance that the State will implement payment practices that support the fixed costs of providing direct child care services. Such State plan shall certify that the State has implemented, or assure that the State will develop or revise within 3 years after first receiving funds under this section, with input (from early childhood education and development experts, from a diverse group of child care providers of a variety of provider types, from families, and from organizations representing child care directors, teachers, and other staff), a tiered system for recognizing and supporting the quality of child care services for which assistance is made available under this section, and that are inclusive and appropriate for such child care providers. 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; includes quality indicators and thresholds that are appropriate for child development for different types of provider types, including center-based child care providers and family child care providers, and are appropriate for providers serving different age groups (including mixed age groups) of children; and aligns standards for the lowest tier with State licensing requirements for child care providers described in subparagraph (K); 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 meeting higher quality standards. Such State plan shall certify the State has implemented, or will implement within 3 years after first receiving funds under this section, policies and financing practices that will ensure all eligible children can choose to attend child care with services at the highest quality tier within 10 years after the date of enactment of this Act. Such plan shall provide information on the number and percentage of eligible child care providers with services at each tier of the State’s tiered system for recognizing and supporting the quality of child care services described in subparagraph (B), in total and disaggregated by geographic area, by provider race and ethnicity, and by race and ethnicity and age of the children served, unless the disaggregation involved would reveal personally identifiable information about an individual provider or child. Such plan shall provide a certification that the State has or will have within 3 years after first 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)(IV)(cc). Except as provided in clause (ii)(I), the State plan shall provide an assurance that the State will for the period covered by the plan use a sliding fee scale, which shall gradually increase copayments as a percentage of family income for families with greater family incomes as 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 be determined using a sliding fee scale that provides that, for a family with a family income— of not more than 85 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 85 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 plan shall certify that, after the State develops and uses the cost estimation model or cost study described in subparagraph (A)(ii), the State will not permit a child care provider receiving financial assistance under this section to charge, for direct child care services 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 (F). 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 12 months unless the child has aged out of the program, and the child’s eligibility determination and redetermination, including any determination based on the State’s definition of eligible activities, shall be implemented in a manner that supports child well-being and reduces barriers to enrollment, including continuity of services. The State plan shall demonstrate 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, children from low-income families, children in underserved areas, infants and toddlers, children with disabilities and infants and toddlers with disabilities, children who are dual language learners, children experiencing homelessness, children in foster or kinship care, children who receive care during nontraditional hours, and vulnerable children as defined by the lead agency pursuant to subsection (b)(4)(A)(iii)(II). 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 ( 42 U.S.C. 9858f ), to child care services provided under this section. The State plan shall demonstrate that the State has consulted or will consult with organizations (including labor organizations and child care and early learning organizations) representing eligible child care providers (including family child care providers), child care associations, child care directors, teachers, or other staff (including directors, teachers, or staff from child care providers serving higher proportions of underserved populations as identified under subparagraph (I)), early childhood education and development experts, maternal and child health experts, and families in the development of licensing standards described in this subparagraph, including identifying barriers to such licensing for child care providers who are exempt from such licensing under the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9857 et seq. ). The State plan shall certify that the State will develop or revise, within 2.5 years after first receiving funds under this section, licensing standards appropriate for child care providers of a variety of provider types and provider sizes (which may, when appropriate, include a different set of licensing standards with respect to care during nontraditional hours of operation) and a pathway to licensure described in this clause that is available to and appropriate for such child care providers, that will offer providers eligible under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9857 et seq. ) a reasonable pathway to become eligible providers under this section, and that will assure an adequate supply of child care. For purposes of subclause (I), provider size shall be determined by measuring the number of children served by the provider. Such plan shall describe the timeline the State will use to ensure sufficient time for providers described in subsection (b)(5)(B) to comply with such licensing standards in order to remain eligible providers after 3.5 years after the State first receives funding under this section. Such plan shall describe how the State will use funds reserved under subsection (h)(3)(A) to enable a variety of provider types to achieve licensure, including paying for the costs of required background checks, health screening, and initial and ongoing training, and other costs associated with achieving licensure. The State plan shall provide an assurance that the State will— provide assistance to carry out this section only to eligible child care providers that prohibit— the use of suspension and expulsion of children; and the use of aversive behavioral interventions; and provide training resources to eligible child care providers and information to families to support the prohibition of practices described in subclauses

(I)and

(II)of clause (i). The State plan shall provide an assurance that the State will provide assistance to eligible child care providers to implement multitiered systems of support such as systems with positive behavioral interventions and supports, infant and early childhood mental health consultation and trauma-informed care that promote positive social and emotional development and reduce challenging behaviors. The State plan shall describe how the lead agency will ensure that families have access to a low-barrier enrollment (including re-enrollment) process that is accessible to and minimizes burdens for families with diverse characteristics, by implementing activities such as allowing for simplified enrollment for siblings, coordinating with other State agencies to streamline enrollment processes across public assistance programs, requiring minimal paperwork, allowing for enrollment through a State or local website, and providing flexible submission deadlines. In this subparagraph, the term family with diverse characteristics includes families with adults with disabilities, with children with disabilities, or with infants and toddlers with disabilities, families experiencing homelessness, families with limited access to internet connectivity, families living in rural areas, families of dual language learners, and families with children in underserved populations identified under subparagraph (I). The State plan shall include a certification that the applicant, not later than October 1, 2024, will provide assistance described in subsection (d)(2) to every child in the State who is described in that subsection, and is from a family with a family income of not more than 85 percent of the State median income for a family of the same size, before the applicant expands the program involved to provide such assistance to children from additional families. For each of fiscal years 2024 through 2029: 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 (which shall be the Federal share of such expenditures) in the quarter for direct child care services described under subsection (h)(2) for eligible children. Funds reserved from the total under subsection (h)(3) shall be subject to subparagraph (B). Activities described in subparagraph

(B)or

(C)may not be included in the cost of direct child care services described in this subparagraph. The Secretary shall pay to each State with such an approved application, and that State shall be entitled to, the FMAP of expenditures (which shall be the Federal share of such expenditures) to carry out activities to improve the quality and supply of child care services under subsection (h)(3) subject to the limit specified in subparagraph

(A)of such subsection. The Secretary shall pay to each State with such an approved application, and that State shall be entitled to, an amount equal to 50 percent of expenditures (which shall be the Federal share of such expenditures) for the costs of administration incurred by the State— which shall include 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 of 1990 ( 42 U.S.C. 9858f ). For each of fiscal years 2024 through 2029, the Secretary shall make payments under this subsection for a period 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 periods. No interest shall be charged or paid on any amount due because of an overpayment or underpayment for previous periods. For each of fiscal years 2024 through 2029, from amounts appropriated under subsection (c)(1) the Secretary shall make payments to territories, and Indian Tribes and Tribal organizations, as the case may be, with applications submitted as described in subparagraph (B), and approved by the Secretary for the purpose of carrying out the child care program described in this section, consistent, to the extent practicable as determined by the Secretary (subject to subsection (d)(2)), with the requirements applicable to States. 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, including— a certification described in subsection (f)(3)(O), except that each reference in the subsection to child in the State shall be considered to be a reference to child served by the Indian Tribe or Tribal organization, as the case may be, ; and an agreement to collect data and provide reports under subsection (n). 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, including— a certification described in subsection (f)(3)(O), except that each reference in the subsection to child in the State shall be considered to be a reference to child in the territory ; and an agreement to collect data and provide reports under subsection (n). The Secretary shall make the payments to the territories, Indian Tribes, and Tribal organizations described in subparagraph

(A)on the basis of their relative need. Each entity that is such a territory, Indian Tribe, or Tribal organization shall be entitled to such a payment as may be necessary to carry out the activities described in subsection (h), and to pay for the costs of administration incurred by the entity, which shall include costs incurred by the entity in carrying out the child care program, and which may include, at the option of the entity, costs associated with carrying out requirements, policies, and procedures described in section 658H of the Child Care and Development Block Grant Act of 1990. Starting on October 1, 2024, a State shall use amounts provided to the State under subsection

(g)for direct child care services (provided on a sliding fee scale basis), activities to improve the quality and supply of child care services consistent with paragraph (3), and State administration consistent with subsection (g)(1)(C). For each of fiscal years 2024 through 2029, from payments made to the State under subsection

(g)for that particular fiscal year, the State shall ensure that parents of eligible children can access direct child care services provided by an eligible child care provider under this section through a grant or contract as described in subparagraph

(B)or a certificate as described in subparagraph (C). 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 under this section that, at a 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 parent who shall use such certificate only as payment for direct child care services or as a deposit for direct 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 2024 through 2029, from the total of the 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 the previous fiscal year. Each State shall use the quality child care amount described in clause

(i)to implement activities described in this paragraph to improve the quality and supply of child care services by eligible child care providers, and increase 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 under subsection (f)(3)(I). Activities funded under this paragraph 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 subparagraph

(A)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 under subsection (f)(3)(I), to— support startup and expansion costs; and assist such providers in meeting health and safety requirements, achieving licensure, conducting background checks, and meeting requirements in the State’s tiered system for recognizing and supporting the quality of child care services described in subsection (f)(3)(B). As a condition of receiving a startup or supply expansion grant under this clause, 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 support eligible child care providers in 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 recognizing and supporting the quality of child care services described in subsection (f)(3)(B); and supporting such providers in sustaining child care quality, including supporting increased wages for staff and supporting payment of fixed costs. From a portion of the quality child care amount, a State shall provide support, including through awarding facilities grants, for an activity (referred to in this subparagraph as a covered activity ) consisting of remodeling, renovation, or repair of a building or facility, or for construction, permanent improvement, or major renovation of a building or facility primarily used for providing direct child care services, in accordance with the following: The facilities grants shall be awarded to eligible child care providers with submitted or approved applications under subsection

(f)or

(g)or to intermediaries with experience supporting child care providers in order to enable the intermediaries to assist such eligible child care providers with covered activities. To be eligible to receive funds through a facilities grant under this clause, a child care provider shall enter into an agreement with the State in which the provider commits to use the funds only after obtaining approval of an application under subsection

(f)or

(g)and commits to provide child care services to children receiving assistance under this section on an ongoing basis. Provisions of Federal law relating to a Federal interest in a building or facility shall not apply to a covered activity for privately owned family child care homes under this clause. The Secretary shall not retain a Federal interest after a period of 10 years in any building, or facility, at which a covered activity was carried out with funds awarded under this clause. 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 clause for family child care homes. A State shall use a portion of the quality child care amount to improve the quality of child care services available under this section, 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 revising the State’s tiered system for recognizing and supporting the quality of child care services described in subsection (f)(3)(B); improving the supply and quality of developmentally appropriate and inclusive child care programs and services for underserved populations identified under subsection (f)(3)(I); improving access to child care services for vulnerable children as defined by the lead agency pursuant to subsection (b)(4)(A)(iii)(II); providing outreach and enrollment support for families of eligible children; supporting eligible child care providers to eliminate use of suspensions, expulsions, and aversive behavioral interventions, including through adaptations and interventions by special educators, mental health consultants, and other community resource personnel, such as behavior coaches, psychologists, and other appropriate specialists, and through the provision of mental health services for the providers; promoting multitiered systems of support such as systems with positive behavioral interventions and supports and trauma-informed care that promote positive social and emotional development and reduce challenging behaviors; offering training, coaching, or professional development opportunities for eligible child care providers that relate to the use of evidence-based, developmentally appropriate and age-appropriate strategies to promote the social, emotional, physical, adaptive, communication, and cognitive development of children; improving coordination between States and local governments with respect to licensing and other regulatory requirements for eligible child care providers; increasing interrater reliability concerning licensing inspections or other evaluations of eligible child care providers by training licensing inspectors of the providers and providing such inspectors with additional professional development; identifying and eliminating barriers to licensure of eligible child care providers, such as through reducing fees for background checks, translating licensing regulations into languages other than English, and collaborating with housing agencies or local governments; and establishing or supporting a system of local or regional child care resource and referral organizations that is coordinated, to the extent determined appropriate by the State, by a statewide public or private nonprofit, community-based or regionally based, lead child care resource and referral organization, as described in section 658E(c)(3)(B)(iii) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c(c)(3)(B)(iii) ). From a portion of the quality child care amount described in subparagraph (A), the State, in coordination with local governments and staffed family child care networks as appropriate, shall provide technical assistance to increase the supply of eligible child care providers in the State, such as— providing business startup support; conducting outreach to recruit new child care providers and inform such providers about the opportunities provided under this title, including support for participation in the tiered system for recognizing and supporting the quality of child care services described in subsection (f)(3)(B); providing support to enable providers to achieve licensure (including providing support for child care providers operating legally without a child care license to obtain such license, such as providing, for individuals seeking a child care license, pre-licensing orientation and technical assistance throughout the child care licensing process); offering orientations for new child care providers including orientations explaining support under programs such as the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ); and supporting the development of shared service models for child care programs. In this subsection, the term eligible locality means a city, county, or other unit of general local government. The Secretary shall use funds appropriated under subsection (c)(2) to award local Birth Through Five Child Care and Early Learning Grants, as determined by the Secretary, to eligible localities located in States that have not received payments under subsection (g). The Secretary shall award the grants to eligible localities in such a State from the allotment made for that State under subparagraph (B). In this subparagraph, 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 ). 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 (c)(2) and available to carry out this paragraph for the fiscal year as the number of children from families with family incomes that are 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). To receive a grant from the corresponding State allotment under subparagraph (B), 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 subsection (f). The Secretary shall specify the requirements for an eligible locality to provide access to child care, which child care requirements shall, to the greatest extent practicable, be consistent with the requirements applicable to States under this section. Notwithstanding any other provision of this section, for each of fiscal years 2025 through 2029, 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). The Secretary shall use funds appropriated under subsection (c)(2) 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 ( 42 U.S.C. 9831 et seq. ) in such State. 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) ). 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 ( 42 U.S.C. 9836(a)(1) ) or as an Early Head Start agency (by receiving a grant) under section 645A(a) of such Act ( 42 U.S.C. 9840a ). In making determinations to award a grant or make an award under this subsection, the Secretary shall give priority to entities serving a high percentage of individuals from underserved populations identified under subsection (f)(3)(I). 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. ). No individual shall be determined, by the Secretary, a State, or another recipient of funds under this section, to be ineligible for child care services provided under this section, except on the basis of eligibility requirements specified in or under this section. A State that receives payments under this section for a fiscal year, in using the funds made available through the payments, shall maintain the expenditures of the State for child care services at the average level of such expenditures by the State for the 3 preceding fiscal years. State expenditures counted for purposes of meeting the requirement in subparagraph

(A)may also be counted for purposes of meeting the requirement to provide a non-Federal share under subparagraph (A), (B), or (C), as appropriate, of subsection (g)(1). Funds received under this section shall be used to supplement and not supplant other Federal, State, and local public funds expended to provide child care services 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 2021, 2022, and 2023. For purposes of providing the non-Federal share required under subsection (g)(1), a State’s non-Federal share— for direct child care services described in subsection (g)(1)(A)— shall not include contributions being used as a non-Federal share or match for another Federal award; and shall be provided from State or local sources, contributions from philanthropy or other private organizations, or a combination of such sources and contributions; and for activities to improve the quality and supply of child care services described in subsection (g)(1)(B), and administration described in subsection (g)(1)(C)— shall not include contributions being used as a non-Federal share or match for another Federal award; shall be provided from State or local sources, contributions from philanthropy or other private organizations, or a combination of such sources and contributions; and may be in cash or in kind, fairly evaluated, including facilities or property, equipment, or services. 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 (f)(3). 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 appropriated under subsection (c)(3), the Secretary shall carry out administration of this section, shall provide (including through the use of grants or cooperative agreements) technical assistance to States, territories, Indian Tribes, and Tribal organizations, and shall carry out research and evaluations related to this section. For purposes of section 401 of the Act entitled An Act to provide for reconciliation pursuant to section 201(a)(1) of the concurrent resolution on the budget for fiscal year 1997 , approved August 22, 1996, the program carried out under this section shall be considered to be a program of nonpostsecondary education. A State that receives funds to carry out this section shall collect the information described in subparagraph

(B)on a monthly basis. The information required to be collected under this subparagraph shall consist of, with respect to a family receiving assistance under this section, information concerning— family income; county (or comparable local jurisdiction) of residence; the gender, race and ethnicity, and age of each child receiving such assistance; whether the head of the family is a single parent; the number of months the family has received such assistance; the provider type with which the child was enrolled; the amount of the copayment paid for child care provided under this section; the average hours per month of such care, during the period for which such information is required to be submitted; and whether the children receiving assistance under this section are either children with disabilities or infants and toddlers with disabilities. A State described in subparagraph

(A)shall, on a quarterly basis, submit the information required to be collected under subparagraph

(B)to the Secretary. A State may comply with the requirement to collect the information described in subparagraph

(B)through the use of disaggregated case record information for a sample of families selected through the use of scientifically acceptable sampling methods approved by the Secretary. The Secretary shall provide the States with such case record sampling plans and data collection procedures as the Secretary determines to be necessary to produce statistically valid samples of the information described in subparagraph (B). The Secretary may develop and implement procedures for verifying the quality of the data submitted by the States. Reports submitted to the Secretary under subparagraph

(C)shall not contain personally identifiable information. Not later than 1 year after the date of enactment of the Child Care for Working Families Act, and annually thereafter, a State shall prepare and submit to the Secretary a report containing such information as the Secretary may require, that includes at a minimum, the description and analysis described in paragraph

(3)and aggregate data concerning— the number of child care providers that received funding under this section and licensed capacity of such providers, and such data disaggregated by provider type, by the quality rating on the State’s tiered system for recognizing and supporting the quality of child care services described in subsection (f)(3)(B) (referred to in this subsection as the quality rating ) of such providers, and by the geographic area of such providers; the total number of children, and families with children, receiving child care services funded under this section; the percentage of children, and families with children, receiving child care services funded under this section, among all children less than 6 years of age, and all families with such children, respectively, in all States; and the data described in clause (i), and the data described in clause (ii), disaggregated for children, and families with children, by— race and ethnicity of the child involved; family income of the child's family; age of the child; the child's status as an infant or toddler with a disability or child with a disability; the child's status as a child experiencing homelessness; the child's status as a child in foster care; and the child's status (to the extent the status is known) as a dual language learner; the monthly child care subsidy payment rate paid to eligible child care providers for child care services funded under this section, as determined by the State’s cost estimation model or cost study described in subsection (f)(3)(A)(i), including any variation in the rate by geographic area, provider type, age of child, and costs associated with providing inclusive care; the amount of the copayment paid by families for such child care services, and such data disaggregated by family income; the number and percentage of payments made by the State for such services to eligible child care providers through certificates, grants, and contracts, and such data disaggregated by provider type; the manner in which consumer education information was provided to parents and the number of parents to whom such information was provided under this section; the number of child fatalities occurring among children while in the care or facility of child care providers funded under this section, and such data disaggregated by provider type; the geographic area of child care providers funded under this section; the quality features of child care services provided by providers funded under this section, compared to the quality features of child care services provided by other child care providers, to the extent possible, including data on quality features such as— amount of staff wages and other compensation (including benefits); length of staff retention; presence of coaching and professional development activities; number of providers remaining open through the year covered; measured parent satisfaction; and presence of provision of information in languages other than English; the quality features of child care services received by children and funded under this section, and such data disaggregated by the children’s— race and ethnicity; family income; age; status as an infant or toddler with a disability or child with a disability; status as a child experiencing homelessness; status as a child in foster care; and status (to the extent the status is known) as a dual language learner; the number of child care providers, listed by provider type, geographic area, and provider quality rating, that received— a startup or supply expansion grant under subsection (h)(3)(B)(i); a quality grant under subsection (h)(3)(B)(ii); or a facilities grant under subsection (h)(3)(B)(iii); and the average wages (including salaries), or other compensation for staff of eligible child care providers funded under this section, and such data disaggregated by provider type, job position type, and to the extent possible, staff race and ethnicity. The State shall include in each report described in paragraph (2)— a description of whether there are inequities in how child care providers with quality features described in paragraph (2)(I) are distributed among children served under this section; and an analysis of the State’s child care supply, including an analysis of the number of child care slots with licensed child care providers that were added or lost by the State in the covered year, and trends in such addition or loss by provider type and quality rating of child care provider. Nothing in this paragraph shall require disaggregation of data if the disaggregation involved would reveal personally identifiable information about an individual provider or child. The Secretary shall— submit an annual report to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Education and the Workforce and the Committee on Appropriations of the House of Representatives, summarizing the findings from the reports received under subsection (n)(2); and make such report publicly available on the website of the Department of Health and Human Services. For each of fiscal years 2024 through 2029, a State receiving assistance under this section shall not use more than 15 percent of any funds received under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9857 et seq. ) to provide assistance for direct child care services to children who are under the age of 6, are not yet in kindergarten, and 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 on the date funding is first allocated to the lead agency for the State, territory, Indian Tribe, or Tribal organization involved 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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U.S. Code