[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4418 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 4418
To increase the quality and supply of child care and lower child care
costs for families.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 15, 2025
Mr. Scott of Virginia (for himself, Ms. Lee of Pennsylvania, Mr. Davis
of Illinois, Ms. Brownley, Mr. Tonko, Mr. Fields, Ms. Norton, Ms.
Tlaib, Mrs. Ramirez, Ms. Pelosi, Mr. Thompson of Mississippi, Mr.
Jackson of Illinois, Ms. Stansbury, Ms. Salinas, Mrs. McIver, Ms.
Williams of Georgia, Mrs. McBath, Ms. Ansari, Mr. Swalwell, Ms. Moore
of Wisconsin, Mr. Castro of Texas, Mr. Frost, Mr. Carson, Ms. Castor of
Florida, Mr. Latimer, Ms. Clark of Massachusetts, Ms. Pingree, Mr.
Garcia of California, Ms. Goodlander, Ms. Scholten, Mr. Thanedar, Ms.
Crockett, Ms. Bonamici, Ms. Kelly of Illinois, Ms. Underwood, Mr.
Carter of Louisiana, Mr. Pocan, Mrs. McClain Delaney, Mr. Lieu, Ms.
McBride, Mr. Vargas, Ms. Leger Fernandez, Ms. McCollum, Mrs. Dingell,
Ms. Lois Frankel of Florida, Mr. Norcross, Ms. McClellan, Ms. McDonald
Rivet, Ms. Elfreth, Ms. DelBene, Ms. Dean of Pennsylvania, Mr.
McGarvey, Ms. Tokuda, Ms. Clarke of New York, Mr. Moulton, Mr. Keating,
Ms. Sanchez, Ms. Chu, Mr. Menendez, Ms. Schakowsky, Ms. Simon, Ms.
Wilson of Florida, Mr. Smith of Washington, Ms. Stevens, Mr. Landsman,
Ms. Ross, Ms. DeLauro, Mr. Nadler, Mr. Evans of Pennsylvania, Mr.
Subramanyam, Mrs. Beatty, Mr. Gottheimer, Ms. Titus, Ms. Pettersen, Ms.
Budzinski, Mr. Magaziner, Ms. Sewell, Ms. Brown, Mr. Casten, Mr.
Garamendi, Mr. Raskin, Mr. Beyer, Ms. Davids of Kansas, and Mr. Amo)
introduced the following bill; which was referred to the Committee on
Education and Workforce
_______________________________________________________________________
A BILL
To increase the quality and supply of child care and lower child care
costs for families.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care for Working Families
Act''.
TITLE I--CHILD CARE AND EARLY LEARNING PROGRAM
SEC. 101. BIRTH THROUGH FIVE CHILD CARE AND EARLY LEARNING PROGRAM.
(a) Child Care Definitions.--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.
(b) Additional Definitions.--In this section:
(1) Apprenticeship.--The term ``apprenticeship'' means an
apprenticeship registered under the Act of August 16, 1937
(commonly known as the ``National Apprenticeship Act''; 50
Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
(2) Child care certificate.--
(A) In general.--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.
(B) Rule.--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.
(3) Child experiencing homelessness.--The term ``child
experiencing homelessness'' means an individual who is a
homeless child or youth under section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a).
(4) Eligible activity.--The term ``eligible activity'',
with respect to a parent, shall include, at minimum, activities
consisting of--
(A) full-time or part-time employment;
(B) self-employment;
(C) job search activities;
(D) 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;
(E) health treatment (including mental health and
substance use treatment) for a condition that prevents
the parent from participating in other eligible
activities;
(F) activities to prevent child abuse and neglect,
or family violence prevention or intervention
activities;
(G) employment and training activities, including
job training, under the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.); and
(H) 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.
(5) Eligible child.--
(A) In general.--The term ``eligible child'' means
an individual--
(i) who is less than 6 years of age;
(ii) who is not yet in kindergarten; and
(iii) who--
(I) resides with a parent or
parents who are participating in an
eligible activity;
(II) 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 assistance 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
(III) resides with--
(aa) a parent who is more
than 65 years of age;
(bb) a parent who is
employed by an eligible child
care provider; or
(cc) a parent who is
enrolled in high school and has
not exceeded the maximum age of
enrollment in high school.
(B) Longer-term period eligibility.--An individual
who is determined to be an eligible child 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.
(6) Eligible child care provider.--
(A) In general.--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--
(i) 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;
(ii) 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--
(I) not later than 4 years after
the State first receives funds under
this section; and
(II) for the remainder of the
period for which the provider receives
funds under this section; and
(iii) 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.
(B) Special rule.--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.
(7) FMAP.--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)).
(8) Family child care provider.--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.
(9) Inclusive care.--The term ``inclusive'', with respect
to care (including child care), means care provided by an
eligible child care provider--
(A) 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
(B) that provides care and full participation for
children with disabilities and infants and toddlers
with disabilities (whichever the provider serves)
alongside children who are--
(i) not children with disabilities; and
(ii) not infants and toddlers with
disabilities.
(10) Infant or toddler.--The term ``infant or toddler''
means an individual who is less than 3 years of age.
(11) Infant or toddler with a disability.--The term
``infant or toddler with a disability'' has the meaning given
the term in section 632 of the Individuals with Disabilities
Education Act (20 U.S.C. 1432).
(12) Lead agency.--The term ``lead agency'' means the
agency designated under subsection (e).
(13) Provider type.--The term ``provider type'' means a
type that is--
(A) a center-based child care provider;
(B) a family child care provider; or
(C) another non-center-based child care provider.
(14) Recognized postsecondary credential.--The term
``recognized postsecondary credential'' has the meaning given
the term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(15) Staffed family child care network.--The term ``staffed
family child care network'' means a nonprofit organization or
nonprofit cooperative--
(A) that may be a component of a child care
resource and referral organization;
(B) that has at least one paid staff member; and
(C) 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.
(16) State.--The term ``State'' means any of the 50 States
and the District of Columbia.
(17) Territory.--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.
(c) Appropriations.--
(1) Entitlement.--In addition to amounts otherwise
available, there is appropriated to the Department of Health
and Human Services, out of any money in the Treasury not
otherwise appropriated, such sums as may be necessary for each
of fiscal years 2026 through 2031, 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)).
(2) Grants to localities; awards to head start agencies.--
In addition to amounts otherwise available, there is
appropriated to the Department of Health and Human Services for
fiscal year 2026, out of any money in the Treasury not
otherwise appropriated, $20,000,000,000, to remain available
until September 30, 2031, to carry out the programs of grants
to localities and awards to Head Start agencies described in
subsection (i).
(3) Federal administration.--In addition to amounts
otherwise available, there is appropriated to the Department of
Health and Human Services for fiscal year 2026, out of any
money in the Treasury not otherwise appropriated,
$1,300,000,000, to remain available until September 30, 2031,
to carry out subsections (k) and (l).
(d) Establishment of Birth Through Five Child Care and Early
Learning Entitlement Program.--
(1) In general.--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.
(2) Assistance for every eligible child.--Beginning on
October 1, 2026, 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.
(e) Lead Agency.--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.
(f) Applications and State Plans.--
(1) Application.--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.
(2) Period covered by plan.--A State plan contained in the
application shall be designed to be implemented during a period
of not more than 3 years.
(3) Requirements for state plans.--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:
(A) Payment rates and cost estimation.--
(i) Payment rates.--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--
(I) 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
(II) 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).
(ii) Cost estimation.--Such State plan
shall--
(I) 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;
(II) 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)), organizations and
labor organizations representing child
care providers, and other appropriate
entities;
(III) certify that the State--
(aa) 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
(bb) 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;
(IV) certify that the State's
payment rates for direct child care
services for which assistance is
provided in accordance with this
section--
(aa) 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;
(bb) 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;
(cc) ensure adequate wages
for staff of child care
providers providing such direct
child care services that--
(AA) at a minimum,
provide a living wage
for all staff of such
child care providers;
and
(BB) are equivalent
to wages for elementary
educators with similar
credentials and
experience in the
State; and
(dd) 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;
(V) 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
(VI) certify that the State has
established a system for appeals of the
child care costs estimated with the
cost estimation model or cost study.
(iii) Payment practices.--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.
(B) Tiered system for recognizing and supporting
the quality of 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--
(i) include a set of standards, for
determining the tier of quality of a child care
provider, that--
(I) 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;
(II) 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
(III) aligns standards for the
lowest tier with State licensing
requirements for child care providers
described in subparagraph (K);
(ii) include a different set of standards
that includes indicators, when appropriate, for
care during nontraditional hours of operation;
and
(iii) 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.
(C) Achieving high quality for all children.--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 provided by
any of a variety of provider types including family
child care providers, at the highest quality tier
within 10 years after the date of enactment of this
Act.
(D) Number and percentage of providers at each tier
and other characteristics.--Such plan shall provide
information on the number and percentage of eligible
child care providers, disaggregated (unless the
disaggregation involved would reveal personally
identifiable information about an individual provider
or child) by--
(i) the tier of a provider's services on
the State's tiered system for recognizing and
supporting the quality of child care services
described in subparagraph (B);
(ii) the primary language of the provider;
(iii) the race and ethnicity of the
children served;
(iv) the age of the children;
(v) the disability status of the children;
and
(vi) the primary language of the children.
(E) Compensation.--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).
(F) Sliding fee scale for copayments.--
(i) In general.--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).
(ii) Sliding fee scale.--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--
(I) of not more than 85 percent of
the State median income for a family of
the same size, the family shall not pay
a copayment, toward the cost of the
child care involved for all eligible
children in the family;
(II) of more than 85 percent but
not more than 100 percent of the State
median income for a family of the same
size, the copayment shall be more than
0 but not more than 2 percent of that
family income, toward such cost for all
such children;
(III) of more than 100 percent but
not more than 125 percent of the 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;
(IV) of more than 125 percent but
not more than 150 percent of the 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
(V) 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.
(G) Prohibition on charging more than copayment.--
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--
(i) the financial assistance provided for
the child under this section; and
(ii) any applicable copayment pursuant to
subparagraph (F).
(H) Reduction of barriers.--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.
(I) Policies to support access to child care for
underserved populations.--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)(5)(A)(iii)(II).
(J) Policies.--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.
(K) Licensing.--
(i) Consultation.--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.).
(ii) Licensing standards.--
(I) In general.--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.
(II) Determination.--For purposes
of subclause (I), provider size shall
be determined by measuring the number
of children served by the provider.
(iii) Timeline.--Such plan shall describe
the timeline the State will use to ensure
sufficient time for providers described in
subsection (b)(6)(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.
(iv) Financial support for providers.--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.
(L) Prohibition on suspensions, expulsions, and
aversive behavioral interventions.--The State plan
shall provide an assurance that the State will--
(i) provide assistance to carry out this
section only to eligible child care providers
that prohibit--
(I) the use of suspension and
expulsion of children; and
(II) the use of aversive behavioral
interventions; and
(ii) 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).
(M) Multitiered systems of support.--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.
(N) Enrollment practices.--
(i) In general.--The State plan shall
describe how the lead agency will ensure that
families have access to a low-barrier
enrollment (including reenrollment) 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.
(ii) Definition.--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).
(O) Implementation for low-income families.--The
State plan shall include a certification that the
applicant, not later than October 1, 2026, 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.
(g) Payments.--
(1) In general.--For each of fiscal years 2026 through
2031:
(A) Child care assistance for eligible children.--
(i) In general.--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.
(ii) Exception.--Funds reserved from the
total under subsection (h)(3) shall be subject
to subparagraph (B).
(iii) Prohibition.--Activities described in
subparagraph (B) or (C) may not be included in
the cost of direct child care services
described in this subparagraph.
(B) Activities to improve the quality and supply of
child care services.--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.
(C) Administration.--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--
(i) which shall include costs incurred by
the State in carrying out the child care
program established in this section; and
(ii) 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).
(2) Advance payment; retrospective adjustment.--For each of
fiscal years 2026 through 2031, 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.
(3) Territories and tribes.--
(A) In general.--For each of fiscal years 2026
through 2031, 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.
(B) Applications.--
(i) Tribal applications.--An Indian Tribe
or Tribal organization seeking a payment under
this paragraph shall submit an application to
the Secretary at such time, in such manner, and
containing such information as the Secretary
may specify, including--
(I) 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
(II) an agreement to collect data
and provide reports under subsection
(n).
(ii) Territorial applications.--A territory
seeking a payment under this paragraph shall
submit an application to the Secretary at such
time, in such manner, and containing such
information as the Secretary may specify,
including--
(I) 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
(II) an agreement to collect data
and provide reports under subsection
(n).
(C) Amount.--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.
(h) Use of Funds.--
(1) In general.--Starting on October 1, 2026, 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).
(2) Child care assistance for eligible children.--
(A) In general.--For each of fiscal years 2026
through 2031, 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).
(B) Grants and contracts.--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, wage, and licensing standards
required under this section.
(C) Certificates.--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.
(3) Activities to improve the quality and supply of child
care services.--
(A) Quality child care activities.--
(i) Amount.--For each of fiscal years 2026
through 2031, 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.
(ii) Use of quality child care amount.--
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).
(iii) Administration.--Activities funded
under this paragraph may be administered--
(I) directly by the lead agency; or
(II) 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.
(B) Quality and supply activities.--Activities
funded under the quality child care amount described in
subparagraph (A) shall include each of the following:
(i) Startup grants and supply expansion
grants.--
(I) In general.--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--
(aa) support startup and
expansion costs; and
(bb) 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).
(II) Requirement.--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.
(ii) Quality grants.--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--
(I) 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
(II) supporting such providers in
sustaining child care quality,
including supporting increased wages
for staff and supporting payment of
fixed costs.
(iii) Facilities grants.--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:
(I) Recipients.--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.
(II) Eligibility.--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.
(III) Federal interest
application.--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.
(IV) Federal interest duration.--
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.
(V) Religious buildings and
facilities.--Eligible child care
providers may not use funds for
buildings or facilities that are used
primarily for sectarian instruction or
religious worship.
(VI) Family child care homes.--The
Secretary shall develop parameters on
the use of funds under this clause for
family child care homes.
(iv) State activities to improve the
quality of child care services.--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--
(I) supporting the training of the
early childhood workforce, which shall
include supporting--
(aa) degree attainment;
(bb) high-quality training
programs that lead to a
recognized postsecondary
credential; or
(cc) the development and
implementation of
apprenticeship programs;
(II) supporting the professional
development of the early childhood
workforce through continued education
and credentialing;
(III) 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);
(IV) improving the supply and
quality of developmentally appropriate
and inclusive child care programs and
services for underserved populations
identified under subsection (f)(3)(I);
(V) improving access to child care
services for vulnerable children as
defined by the lead agency pursuant to
subsection (b)(5)(A)(iii)(II);
(VI) providing outreach and
enrollment support for families of
eligible children;
(VII) 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;
(VIII) 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;
(IX) 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;
(X) improving coordination between
States and local governments with
respect to licensing and other
regulatory requirements for eligible
child care providers;
(XI) 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;
(XII) identifying and eliminating
barriers to licensing 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
(XIII) 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)).
(v) Technical assistance.--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--
(I) providing business startup
support;
(II) 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);
(III) 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);
(IV) 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
(V) supporting the development of
shared service models for child care
programs.
(i) Grants to Localities and Awards to Head Start Programs.--
(1) Eligible locality defined.--In this subsection, the
term ``eligible locality'' means a city, county, or other unit
of general local government.
(2) Grants to localities.--
(A) In general.--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).
(B) Allotments.--
(i) Poverty line defined.--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).
(ii) General authority.--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).
(C) Application.--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).
(D) Requirements.--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.
(E) Recoupment of unused funds.--Notwithstanding
any other provision of this section, for each of fiscal
years 2027 through 2031, the Secretary shall have the
authority to recoup any unused funds allotted under
subparagraph (B) for awards under paragraph (3)(A) to
Head Start agencies in accordance with paragraph (3).
(3) Head start expansion in nonparticipating states.--
(A) In general.--The Secretary shall use funds
appropriated under subsection (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.
(B) Rule.--For purposes of carrying out the Head
Start Act in circumstances not involving awards under
this paragraph, funds awarded under subparagraph (A)
shall not be included in the calculation of a ``base
grant'' as such term is defined in section 640(a)(7)(A)
of the Head Start Act (42 U.S.C. 9835(a)(7)(A)).
(C) Definition.--In this paragraph, the term ``Head
Start agency'' means an entity designated or eligible
to be designated as a Head Start agency under section
641(a)(1) of the Head Start Act (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).
(4) Priority for serving underserved populations.--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).
(j) Program Requirements.--
(1) Nondiscrimination.--The following provisions of law
shall apply to any program or activity that receives funds
provided under this section:
(A) Title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.).
(B) Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.).
(C) Section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794).
(D) The Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
(2) Prohibition on additional eligibility requirements.--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.
(3) Maintenance of effort.--
(A) In general.--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.
(B) Counting rule.--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).
(4) Supplement not supplant.--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 2023,
2024, and 2025.
(5) Allowable sources of non-federal share.--For purposes
of providing the non-Federal share required under subsection
(g)(1), a State's non-Federal share--
(A) for direct child care services described in
subsection (g)(1)(A)--
(i) shall not include contributions being
used as a non-Federal share or match for
another Federal award; and
(ii) shall be provided from State or local
sources, contributions from philanthropy or
other private organizations, or a combination
of such sources and contributions; and
(B) 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)--
(i) shall not include contributions being
used as a non-Federal share or match for
another Federal award;
(ii) shall be provided from State or local
sources, contributions from philanthropy or
other private organizations, or a combination
of such sources and contributions; and
(iii) may be in cash or in-kind, fairly
evaluated, including facilities or property,
equipment, or services.
(k) Monitoring and Enforcement.--
(1) Review of compliance with requirements and state
plan.--The Secretary shall review and monitor compliance of
States, territories, Tribal entities, and local entities with
this section and State compliance with the State plan described
in subsection (f)(3).
(2) Issuance of rule.--The Secretary shall establish by
rule procedures for--
(A) receiving, processing, and determining the
validity of complaints or findings concerning any
failure of a State to comply with the State plan or any
other requirement of this section;
(B) notifying a State when the Secretary has
determined there has been a failure by the State to
comply with a requirement of this section; and
(C) imposing sanctions under this subsection for
such a failure.
(l) Federal Administration.--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.
(m) Nonpostsecondary Education Program.--For purposes of section
401 of the Act entitled ``An Act to provide for reconciliation pursuant
to section 201(a)(1) of the concurrent resolution on the budget for
fiscal year 1997'', approved August 22, 1996, the program carried out
under this section shall be considered to be a program of
nonpostsecondary education.
(n) Reports.--
(1) Collection of information by states.--
(A) In general.--A State that receives funds to
carry out this section shall collect the information
described in subparagraph (B) on a monthly basis.
(B) Required information.--The information required
to be collected under this subparagraph shall consist
of, with respect to a family receiving assistance under
this section, information concerning--
(i) family income;
(ii) county (or comparable local
jurisdiction) of residence;
(iii) the gender, race and ethnicity, and
age of each child receiving such assistance;
(iv) whether the head of the family is a
single parent;
(v) the number of months the family has
received such assistance;
(vi) the provider type with which the child
was enrolled;
(vii) the amount of the copayment paid for
child care provided under this section;
(viii) the average hours per month of such
care, during the period for which such
information is required to be submitted; and
(ix) whether the children receiving
assistance under this section are either
children with disabilities or infants and
toddlers with disabilities.
(C) Submission to the secretary.--A State described
in subparagraph (A) shall, on a quarterly basis, submit
the information required to be collected under
subparagraph (B) to the Secretary.
(D) Use of samples.--
(i) Authority.--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.
(ii) Sampling and other methods.--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.
(E) Prohibition.--Reports submitted to the
Secretary under subparagraph (C) shall not contain
personally identifiable information.
(2) Annual reports.--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--
(A) 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;
(B)(i) the total number of children, and families
with children, receiving child care services funded
under this section;
(ii) 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
(iii) the data described in clause (i), and the
data described in clause (ii), disaggregated for
children, and families with children, by--
(I) race and ethnicity of the child
involved;
(II) family income of the child's family;
(III) age of the child;
(IV) the child's status as an infant or
toddler with a disability or child with a
disability;
(V) the child's status as a child
experiencing homelessness;
(VI) the child's status as a child in
foster care; and
(VII) the child's status (to the extent the
status is known) as a dual language learner;
(C) 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;
(D) the amount of the copayment paid by families
for such child care services, and such data
disaggregated by family income;
(E) 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;
(F) 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;
(G) 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;
(H) the geographic area of child care providers
funded under this section;
(I) 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--
(i) amount of staff wages and other
compensation (including benefits);
(ii) length of staff retention;
(iii) presence of coaching and professional
development activities;
(iv) number of providers remaining open
through the year covered;
(v) measured parent satisfaction; and
(vi) presence of provision of information
in languages other than English;
(J) the quality features of child care services
received by children and funded under this section, and
such data disaggregated by the children's--
(i) race and ethnicity;
(ii) family income;
(iii) age;
(iv) status as an infant or toddler with a
disability or a child with a disability;
(v) status as a child experiencing
homelessness;
(vi) status as a child in foster care; and
(vii) status (to the extent the status is
known) as a dual language learner;
(K) the number of child care providers, listed by
provider type, geographic area, and provider quality
rating, that received--
(i) a startup or supply expansion grant
under subsection (h)(3)(B)(i);
(ii) a quality grant under subsection
(h)(3)(B)(ii); or
(iii) a facilities grant under subsection
(h)(3)(B)(iii); and
(L) 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.
(3) Description and analysis.--The State shall include in
each report described in paragraph (2)--
(A) 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
(B) 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.
(4) Rule on disaggregation.--Nothing in this paragraph
shall require disaggregation of data if the disaggregation
involved would reveal personally identifiable information about
an individual provider or child.
(o) Reports to Congress.--The Secretary shall--
(1) 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
Workforce and the Committee on Appropriations of the House of
Representatives, summarizing the findings from the reports
received under subsection (n)(2); and
(2) make such report publicly available on the website of
the Department of Health and Human Services.
(p) Transition Provisions.--
(1) Treatment of child care and development block grant
funds.--For each of fiscal years 2026 through 2031, 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.
(2) Special rules regarding eligibility.--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--
(A) shall be deemed immediately eligible to receive
assistance under this section; and
(B) may continue to use the child care provider of
the family's choice.
(3) Transition procedures.--The Secretary is authorized to
institute procedures for implementing this section, including
issuing guidance for States receiving funds under subsection
(g).
TITLE II--BUILDING AN AFFORDABLE SYSTEM FOR EARLY EDUCATION GRANTS
SEC. 201. PURPOSES.
The purposes of this title are to make child care services more
accessible for families and to support the stability and quality of
eligible child care providers by--
(1) promoting the stability of the child care sector by
providing a source of stable funding to eligible child care
providers to help offset their operating expenses;
(2) supporting sustained and increased wages for early
childhood educators or other staff of eligible child care
providers, in order to stabilize and grow the child care
workforce;
(3) expanding the supply and capacity of eligible child
care providers to ensure working families have a range of high-
quality, affordable child care options, in a variety of
settings, that meet their unique needs; and
(4) supporting access to child care services for
communities facing a particular shortage of child care options,
including child care services for infants and toddlers, child
care services during nontraditional or extended hours, and
inclusive child care services for children with disabilities.
SEC. 202. DEFINITIONS.
In this title:
(1) CCDBG terms.--The terms ``child care certificate'',
``child with a disability'', ``family child care provider'',
``lead agency'', ``Secretary'', and ``State'' have the meanings
given the terms in section 658P of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858n). The
terms ``Indian Tribe'' and ``Tribal organization'' have the
meanings given the terms ``Indian tribe'' and ``tribal
organization'' in section 658P of that Act.
(2) Eligible child care provider.--The term ``eligible
child care provider'' means--
(A) an eligible child care provider as defined in
section 658P of the Child Care and Development Block
Grant Act of 1990; and
(B) an eligible child care provider as defined in
title I.
(3) Infant or toddler.--The term ``infant or toddler''
means an individual who is less than 3 years of age.
(4) Infant or toddler with a disability.--The term ``infant
or toddler with a disability'' has the meaning given the term
in section 101(b).
(5) Provider type.--The term ``provider type'' means a type
that is--
(A) a center-based child care provider;
(B) a family child care provider; or
(C) another non-center-based child care provider.
SEC. 203. SECRETARIAL RESERVATION.
From the funds appropriated to carry out this title, the Secretary
shall reserve not more than 3 percent for the Federal administration of
grants described in section 204, which may include providing technical
assistance to the lead agencies.
SEC. 204. GRANTS.
(a) In General.--From the amounts appropriated to carry out this
title that remain after the Secretary makes the reservation required
under section 203, and under the authority of section 658O of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m) and this
section, the Secretary shall award to each lead agency a BASE Grant,
without regard to the requirements in subparagraphs (C) and (E) of
section 658E(c)(3), and in section 658G, of that Act (42 U.S.C.
9858c(c)(3), 9858e). Such grant shall be made from an amount allotted
in accordance with section 658O of that Act (42 U.S.C. 9858m),
excluding paragraphs (3) through (5) of subsection (a) of that section.
(b) Payments for Indian Children.--In accordance with section 658O
of that Act, the Secretary may make BASE Grants to Indian Tribes or
Tribal organizations for the planning and carrying out of programs or
activities consistent with the objectives of this title.
SEC. 205. STATE APPLICATION.
To be eligible to receive a grant under section 204, a lead agency
shall submit an application to the Secretary at such time, in such
manner, and including such information as the Secretary may reasonably
require, including--
(1) a description of the process the lead agency will
establish to award subgrant funds to eligible child care
providers under this title;
(2) a description of how the lead agency will, in
determining the subgrant amount for an eligible child care
provider under this title--
(A) ensure such subgrant is sufficient to support
the ongoing operations and long-term sustainability of
the eligible child care provider;
(B) account for the cost of providing high-quality
child care services, including--
(i) variations in the cost of child care
services related to geographic area, provider
type, size of provider, and age of child
served;
(ii) costs associated with providing care
during nontraditional or extended hours;
(iii) costs associated with serving
children with disabilities, including infants
and toddlers with disabilities; and
(iv) costs associated with meeting group
sizes and ratios necessary to support high-
quality and inclusive child care services,
including for infants and toddlers;
(C) account for the cost of attracting, training,
and retaining a qualified and skilled workforce, which
shall include at a minimum, supporting increased wages
for all staff of the provider, as described in section
209(5); and
(D) if the lead agency uses a formula for awarding
such a subgrant that is based on general cost
estimates, base such estimates on the provider's
enrollment capacity rather than attendance;
(3) a description of how the lead agency will work with the
eligible child care providers to improve the quality of child
care services, which may include improving the State's tiered
system for recognizing and supporting the quality of child care
services described in section 101(f)(3)(B); and
(4) a description of how the lead agency will use funds
reserved under section 207(a)(1) to conduct widespread outreach
and provide technical assistance to eligible child care
providers (including family child care providers, providers
with limited administrative capacity, and providers whose
primary language is not English), either directly or through
child care resource and referral organizations, staffed family
child care networks, or local governments, to ensure such
providers are aware of the subgrants available under this title
and are able to apply for and manage the resources provided
through such subgrants.
SEC. 206. ADMINISTRATION.
Activities funded under a grant made for a State under section 204
may be administered--
(1) directly by the State's lead agency; or
(2) under a grant or contract to provide such
administration, through another State government agency, a
local or regional child care resource and referral
organization, a community development financial institution,
another nonprofit intermediary with experience supporting child
care providers, or another appropriate entity.
SEC. 207. STATE ACTIVITIES AND SUBGRANTS.
(a) In General.--A lead agency for a State that receives a BASE
Grant pursuant to section 204 shall--
(1) reserve not more than 10 percent of the grant funds to
administer subgrants, provide technical assistance and support
to enable all provider types to apply for, access, and manage
the resources provided through such subgrants and other sources
of public financial assistance available for the objectives of
this title, publicize the availability of the subgrants, and
carry out activities to increase the supply of child care
services, under this title; and
(2) with the remaining grant funds, make subgrants to
eligible child care providers to carry out the activities
described in section 210.
(b) Subgrant Period.--The lead agency shall make the subgrants for
a period of 5 years.
(c) Payment Practices.--The lead agency shall make the subgrant
payments in advance, with necessary adjustments on account of
overpayments or underpayments.
SEC. 208. PRIORITY FOR SUBGRANTS.
(a) In General.--In making subgrants under this title, the lead
agency shall give priority to eligible child care providers that--
(1) provide child care services during nontraditional or
extended hours;
(2) provide child care services to infants and toddlers;
(3) provide child care services to dual language learners,
children with disabilities, children experiencing homelessness,
children in foster care, or children from low-income families;
(4) provide child care services to children whose families
received subsidies under the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9857 et seq.) or under title I, as
applicable, for the child care services;
(5) operate in communities, including communities with a
high proportion of children in households with incomes below
the poverty line and rural communities, with a low supply of
child care services; or
(6) are small business concerns, as defined in section 3 of
the Small Business Act (15 U.S.C. 632), or nonprofit
organizations that are described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of such Code.
(b) Definition.--In this section, 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).
SEC. 209. ELIGIBLE CHILD CARE PROVIDER APPLICATION.
To be qualified to receive a subgrant under this title, an eligible
child care provider shall submit to the corresponding lead agency, at
such time and in such manner as the lead agency may reasonably require,
an application containing each of the following:
(1) A description of how the eligible child care provider
meets the priority requirements in section 208, if applicable.
(2) An assurance that the eligible child care provider
accepts child care subsidies in the form of certificates,
grants, or contracts as authorized under the Child Care
Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.),
or child care subsidies in the form of certificates, grants, or
contracts under title I, as an acceptable form of payment,
regardless of whether children who are the beneficiaries of the
child care subsidies are actually enrolled.
(3) An assurance that the eligible child care provider, for
the duration of the period of the grant under section 204, will
be open and available to serve children unless temporarily
closed due to or for a building safety issue or maintenance as
a result of a building safety issue, widespread illness or a
staff shortage, a routine closure or break due to a holiday or
scheduled staff professional development session, or a state of
emergency, major disaster, or emergency within the meaning of
section 658E(c)(2)(U) of the Child Care Development Block Grant
Act of 1990 (42 U.S.C. 9858c(c)(2)(U)).
(4) A description of how the eligible child care provider
will use funds provided under the subgrant to improve the
quality of child care services and operations, such as through
participation in a State's tiered system for recognizing and
supporting the quality of child care services.
(5) A description of how the eligible child care provider
will pay staff increased compensation over the course of the
grant period including, at a minimum, providing--
(A) annual cost-of-living adjustments; and
(B) graduated pay increases based on a staff
member's credentials, experience, and job
responsibilities, including, for a provider with 15 or
more staff, a wage ladder based on the credentials,
experience, and responsibilities.
SEC. 210. USE OF FUNDS.
(a) In General.--An eligible child care provider that receives a
subgrant under this title--
(1) shall use at least 70 percent of subgrant funds for
child care personnel costs, including--
(A) wages (including salaries), or similar
compensation for a person who is a staff member or any
sole proprietor or independent contractor, aligned with
wage standards; and
(B)(i) annual cost-of-living adjustments for staff;
and
(ii) graduated pay increases based on a staff
member's credentials, experience, and job
responsibilities, including, for a provider with 15 or
more staff, a wage ladder based on the credentials,
experience, and responsibilities; and
(2) may use the subgrant funds for costs of activities
related to the provider's program, consisting of--
(A) professional development and instructional
coaching for staff involved in the direct education and
care of children, and providing support for planning
and instruction;
(B) providing recruitment and retention bonuses for
staff;
(C) providing staff benefits, such as health
insurance, paid leave (including parental, family,
medical, sick, and bereavement leave, and including
personal leave or vacation), and funds for retirement
accounts;
(D) hiring staff, including conducting background
checks, and including hiring staff to reduce staff-to-
child ratios or substitute staff to support use of paid
leave;
(E) paying for occupancy, including making payments
for--
(i) rent (including rent under a lease), or
on any mortgage obligation; and
(ii) insurance, utilities, and maintenance;
(F) obtaining equipment, repairs, supplies,
services, and training necessary to ensure compliance
with applicable health, safety, educational, and
quality requirements and to support high-quality,
developmentally appropriate child care services, and
achieving licensure as a child care provider;
(G) providing comprehensive services to support the
health, including mental health, and well-being, of
children and families from underserved populations, as
described in section 101(f)(3)(I);
(H) improving the quality of child care services in
a way that is appropriate for child development by
provider type involved, and for the age group of the
children served; and
(I) providing inclusive and developmentally
appropriate care for children with disabilities,
including implementing reasonable accommodations,
making space more accessible, and providing additional
staffing and coordinating early intervention services
provided through the provider's program with early
intervention services provided through other early
childhood programs.
(b) Special Rule for States Participating in Title I Program.--
Notwithstanding subsection (a) and subject to the approval of the
Secretary, a lead agency of a State participating in the program
established in title I may make alternative uses of the funds received
through a grant made under section 204, if such funds support--
(1) the provision of high-quality, affordable child care
services, in accordance with title I;
(2) compensation for early childhood educators and staff of
child care programs, of eligible child care providers, that
meet the requirements of title I; or
(3) initiatives to expand the supply of eligible child care
providers or improve the quality of child care services
provided by eligible child care providers.
(c) Rule.--For purposes of subsection (a), the terms ``staff'' and
``staff member'' include a person described in subsection (a)(1)(A).
SEC. 211. REPORTING.
(a) Lead Agency Reports.--Not later than 1 year after a lead agency
has received a grant under section 204 and annually thereafter, the
lead agency shall submit to the Secretary, in such manner and
containing such information as the Secretary may require, a report that
includes, at a minimum--
(1) the total number of eligible child care providers who
applied for a subgrant under this title relative to the total
number of eligible child care providers in the State,
disaggregated by provider type, race and ethnicity of provider,
and geographic area;
(2) the total number of eligible child care providers that
received such a subgrant (referred to in this section as a
``subgrant recipient'') relative to the total number of
eligible child care providers in the State, disaggregated by
provider type, race and ethnicity of provider, and geographic
area;
(3) information stating the lead agency's methodology for
determining the amounts of subgrants under section 207(a)(2);
(4) the average and range of the subgrant amounts made
available by the lead agency, disaggregated by provider type,
race and ethnicity of provider, and geographic area;
(5) the percentages, of the subgrant recipients, that--
(A) provided child care services during
nontraditional or extended hours;
(B) served dual language learners, children with
disabilities, children experiencing homelessness,
children in foster care, children from low-income
families, or infants and toddlers;
(C) served children whose families received
subsidies under the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9857 et seq.) or under
title I, as applicable, for the child care services;
(D) operated in communities described in section
208(a)(5); and
(E) are concerns or organizations described in
section 208(a)(6);
(6) the enrollment capacity of and average monthly
attendance of children (by age) served by the subgrant
recipients;
(7) the average family tuition for a subgrant recipient,
disaggregated by--
(A) age of the child served; and
(B) provider type;
(8) the average wages (including salaries), or similar
compensation specified in section 210(a)(1)(A) of staff of a
subgrant recipient, disaggregated by provider type;
(9) the percentages of subgrant recipients, for each of the
provider types;
(10) the percentage of subgrant recipients that have staff
members that are represented by labor organizations;
(11) information about how the subgrant recipients used the
funds received under such a subgrant, including how funds were
used for child care personnel costs;
(12) information about how the lead agency used funds
reserved under section 207(a)(1);
(13) a description of how the lead agency publicized the
availability of the subgrants, including through making
applications and materials available in multiple languages, and
provided technical assistance and support to ensure all
provider types were able to apply for and access the subgrants;
and
(14)(A) information about subgrant recipients that have
corporate or other business relationships across multiple
locations and serve more than 5,000 children in the year
covered by the report; and
(B) the percentage of all children served by subgrant
recipients that are subgrant recipients described in
subparagraph (A).
(b) Reports to Congress.--The Secretary shall--
(1) 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
Workforce and the Committee on Appropriations of the House of
Representatives, summarizing the findings from the reports
received under subsection (a); and
(2) make such report publicly available on the website of
the Department of Health and Human Services.
SEC. 212. SUPPLEMENT NOT SUPPLANT.
Amounts made available to carry out this title shall be used to
supplement and not supplant other Federal, State, and local public
funds expended to provide child care services for eligible individuals.
SEC. 213. APPROPRIATIONS.
In addition to amounts otherwise available, there is appropriated
to the Department of Health and Human Services, out of any money in the
Treasury not otherwise appropriated to carry out this title,
$9,000,000,000 for each of fiscal years 2026 through 2031.
TITLE III--UNIVERSAL PRESCHOOL
SEC. 301. DEFINITIONS.
In this section:
(1) Child experiencing homelessness.--The term ``child
experiencing homelessness'' means an individual who is a
homeless child or youth under section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a).
(2) Child with a disability.--The term ``child with a
disability'' has the meaning given the term in section 602 of
the Individuals with Disabilities Education Act (20 U.S.C.
1401).
(3) Comprehensive services.--The term ``comprehensive
services'' means services that are provided to children and
their families, and that are health, educational, nutritional,
social, and other services that are determined, based on family
needs assessments, to be necessary, within the meaning of
section 636 of the Head Start Act (42 U.S.C. 9831).
(4) Dual language learner.--The term ``dual language
learner'' means a child who is learning 2 or more languages at
the same time, or a child who is learning a second language
while continuing to develop the child's first language.
(5) Eligible child.--The term ``eligible child'' means a
child who is age 3 or 4, on the date established by the
applicable local educational agency for kindergarten entry.
(6) Eligible provider.--The term ``eligible provider''
means--
(A) a local educational agency, acting alone or in
a consortium or in collaboration with an educational
service agency (as defined in section 8101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)), that is licensed by the State or meets
comparable health and safety standards;
(B) a Head Start agency or delegate agency funded
under the Head Start Act (42 U.S.C. 9831 et seq.);
(C) a licensed center-based child care provider,
licensed family child care provider, or network of
licensed family child care providers; or
(D) a consortium of entities described in any of
subparagraphs (A), (B), and (C).
(7) Head start agency.--The term ``Head Start agency'', as
used in paragraph (6)(B), or section 303(e)(4) or 306(a), means
an entity 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(a)).
(8) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(9) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(10) Poverty line.--The term ``poverty line'' means the
poverty line defined and revised as described in section 673 of
the Community Services Block Grant Act (42 U.S.C. 9902).
(11) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(12) State.--The term ``State'' means each of the several
States and the District of Columbia.
(13) Territory.--The term ``territory'' means each of the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(14) Tribal organization.--The term ``Tribal organization''
has the meaning given the term ``tribal organization'' in
section 658P of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858n).
SEC. 302. UNIVERSAL PRESCHOOL.
(a) Appropriations for States.--In addition to amounts otherwise
available, there is appropriated to the Department of Health and Human
Services, out of any money in the Treasury not otherwise appropriated,
such sums as may be necessary for each of fiscal years 2026 through
2031, for payments to States, for carrying out this title (except
provisions and activities covered by subsection (b)).
(b) Additional Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Department of Health and Human
Services for fiscal year 2026, out of any money in the Treasury not
otherwise appropriated--
(1) $2,500,000,000, to remain available until September 30,
2031, for carrying out payments to Indian Tribes and Tribal
organizations for activities described in this title;
(2) $1,250,000,000, to remain available until September 30,
2031, for carrying out payments to the territories, to be
distributed among the territories on the basis of their
relative need, as determined by the Secretary in accordance
with the objectives of this title, for activities described in
this title;
(3) $300,000,000, to remain available until September 30,
2031, for carrying out payments to eligible local entities that
serve children in families who are engaged in migrant or
seasonal agricultural labor, for activities described in this
title;
(4) $995,000,000, to remain available until September 30,
2031, for carrying out Federal activities to support the
activities funded under this title, including administration,
monitoring, technical assistance, and research, in fiscal years
2026 through 2031; and
(5) $20,000,000,000, to remain available until September
30, 2031, to carry out the program of grants to localities
described in subsections (b) and (c) of section 306.
SEC. 303. PAYMENTS FOR STATE UNIVERSAL PRESCHOOL SERVICES.
(a) In General.--A State that has submitted, and had approved by
the Secretary in collaboration with the Secretary of Education, the
State plan described in subsection (e) is entitled to a payment under
this section.
(b) Payments for Fiscal Years 2026 Through 2031.--
(1) Preschool services.--For each of fiscal years 2026
through 2031, the Secretary shall pay to each State with an
approved State plan under subsection (e), an amount for that
year equal to--
(A) 90 percent of the State's expenditures in the
year for preschool services provided under section 304,
for fiscal year 2026;
(B) 90 percent of the State's expenditures in the
year for such preschool services, for fiscal year 2027;
(C) 80 percent of the State's expenditures in the
year for such preschool services, for fiscal year 2028;
(D) 75 percent of the State's expenditures in the
year for such preschool services, for fiscal year 2029;
(E) 65 percent of the State's expenditures in the
year for such preschool services, for fiscal year 2030;
and
(F) 60 percent of the State's expenditures in the
year for such preschool services, for fiscal year 2031.
(2) State activities.--The Secretary shall pay to each
State with an approved State plan under subsection (e) an
amount for a fiscal year equal to 50 percent of the amount of
the State's expenditures for the activities described in
subsection (c), and system-wide activities similar to those
described in subsection (c) for the State's entire birth
through 5 year old early childhood system, except that in no
case shall a payment for a fiscal year under this paragraph
exceed the amount equal to 10 percent of the State's
expenditures described in paragraph (1) for such fiscal year.
(3) Non-federal share.--The remainder of the cost paid by
the State for preschool services, that is not provided under
paragraph (1), shall be considered the non-Federal share of the
cost of those services. The remainder of the cost paid by the
State for State activities, that is not provided under
paragraph (2), shall be considered the non-Federal share of the
cost of those activities.
(4) Advance payment; retrospective adjustment.--The
Secretary shall make a payment under paragraph (1) or (2) for a
year on the basis of advance estimates of expenditures
submitted by the State and such other investigation as the
Secretary may find necessary, and shall reduce or increase the
payment as necessary to adjust for any overpayment or
underpayment for a previous year.
(c) State Activities.--A State that receives a payment under
subsection (b) shall carry out all of the following activities:
(1) State administration of the State preschool program
described in this section.
(2) Supporting a continuous quality improvement system for
providers of preschool services participating, or seeking to
participate, in the State preschool program, through the use of
data, research, monitoring, training, technical assistance,
professional development, and coaching.
(3) Providing outreach and enrollment support for families
of eligible children.
(4) Supporting data systems building to ensure that the
State has the capacity to manage and implement data systems
that allow data sharing among and between preschools,
elementary schools, and secondary schools.
(5) Supporting staff of eligible providers through
professional development and coaching, and supporting staff in
pursuing credentials and degrees, including baccalaureate
degrees.
(6) Supporting activities that ensure access to inclusive
preschool programs for children with disabilities.
(7) Providing age-appropriate transportation services for
children, which at a minimum shall include transportation
services for children experiencing homelessness and children in
foster care.
(8) Conducting or updating a statewide needs assessment of
access to high-quality preschool services.
(d) Lead Agency.--The Governor of a State desiring for the State to
receive a payment under this section shall designate a lead agency
(such as a State agency or joint interagency office) for the
administration of the State's preschool program under this section.
(e) State Plan.--In order to be eligible for payments under this
section, the Governor of a State shall submit a State plan to the
Secretary for approval by the Secretary, in collaboration with the
Secretary of Education, at such time, in such manner, and containing
such information as the Secretary shall by rule require, that includes
a plan for achieving universal, high-quality, free, inclusive, and
mixed-delivery preschool services. Such plan shall include, at a
minimum, each of the following:
(1) A certification that--
(A) the State has in place, or will have in place
no later than 1 year after the State first receives
funding under this section, developmentally
appropriate, evidence-based preschool education
standards that, at a minimum, are as rigorous as the
standards specified in subparagraph (B) of section
641A(a)(1) of the Head Start Act (42 U.S.C.
9836a(a)(1)) and include program standards for class
sizes and ratios; and
(B) the State will coordinate such standards with
other early learning standards in the State.
(2) An assurance that the State will ensure--
(A) all preschool services in the State funded
under this section will-- (i) be universally available
to all children in the State without any additional
eligibility requirements; and
(ii) be high-quality, free, and inclusive;
and
(B) that the local preschool programs in the State
funded under this section will--
(i) by not later than 18 months after the
program receives such funding, meet the State's
preschool education standards described in
paragraph (1);
(ii) offer programming that meets the
duration requirements of at least 1,020 annual
hours;
(iii) adopt policies and practices to
conduct outreach and provide expedited
enrollment, including prioritization, to--
(I) children experiencing
homelessness (which, in the case of a
child attending a program provided by
an eligible provider described in
section 301(6)(A), shall include
immediate enrollment for the child);
(II) children in foster care or
kinship care;
(III) children in families who are
engaged in migrant or seasonal
agricultural labor;
(IV) children with disabilities,
including eligible children who are
served under part C of the Individuals
with Disabilities Education Act (20
U.S.C. 1431 et seq.); and
(V) dual language learners;
(iv) provide for salaries, and set
schedules for salaries, for staff of providers
in the State preschool program, including staff
serving infants and toddlers employed by the
same provider, that are equivalent to salaries
of elementary school staff with similar
credentials and experience;
(v) at a minimum, provide a living wage for
all staff of such providers; and
(vi) require educational qualifications for
teachers in the preschool program including, at
a minimum, requiring that lead teachers in the
preschool program have a baccalaureate degree
in early childhood education or a related field
by not later than 6 years after the date on
which the State first receives funds under this
section, except that--
(I) subject to subclause (II), the
requirements under this clause shall
not apply to individuals who were
employed by an eligible provider or
early education program for a
cumulative 3 of the 5 years immediately
preceding the date of enactment of this
Act and have the necessary content
knowledge and teaching skills for early
childhood educators, as demonstrated
through measures determined by the
State; and
(II) nothing in this section shall
require the State to lessen State
requirements for educational
qualifications, in existence on the
date of enactment of this Act, to serve
as a teacher in a State preschool
program.
(3) For States with existing publicly funded State
preschool programs (as of the date of submission of the State
plan), a description of how the State plans to use funding
provided under this section to ensure that such existing
programs in the State meet the requirements of this title for a
State preschool program.
(4) A description of how the State, in establishing and
operating the State preschool program supported under this
section, will--
(A) support a mixed-delivery system for any new
slots funded under this section, including by
facilitating the participation of Head Start programs
and programs offered by licensed child care providers;
(B) ensure the State preschool program does not
disrupt the stability of infant and toddler child care
throughout the State;
(C) ensure adequate consultation with the State
Advisory Council on Early Childhood Education and Care
designated or established in section 642B(b)(1)(A)(i)
of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)) in
the development of its plan, including consultation in
how the State intends to distribute slots under
subparagraph (E);
(D) partner with Head Start agencies to ensure the
full utilization of Head Start programs within the
State; and
(E) distribute new preschool slots and resources
equitably among child care (including family child
care) providers, Head Start agencies, and schools
within the State.
(5) A certification that the State, in operating the
program described in this section for a fiscal year--
(A) will not reduce the total preschool slots
provided in State-funded preschool programs from the
number of such slots in the previous fiscal year; or
(B) if the number of eligible children identified
in the State declines from the previous fiscal year,
will maintain at least the previous year's ratio of the
total preschool slots described in subparagraph (A) to
eligible children so identified.
(6) An assurance that the State will use funding provided
under this section to ensure children with disabilities have
access to and participate in inclusive preschool programs
consistent with provisions in the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.), and a description of
how the State will collaborate with entities carrying out
programs under section 619 or part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), to
support inclusive preschool programs.
(7) An assurance that the State will provide assistance
under this section only to eligible providers that prohibit the
use of suspension, expulsion, and aversive behavioral
interventions in the State preschool program described in this
section.
(8) An assurance that the State will coordinate services
provided under this title with services and supports provided
under the Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9857 et seq.), section 619 and part C of the
Individuals with Disabilities Education Act (20 U.S.C. 1419,
1431 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the
Preschool Development Grants program under section 9212 of the
Every Student Succeeds Act (Public Law 114-95), the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.),
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et
seq.), and the maternal, infant, and early childhood home
visiting programs under section 511 of the Social Security Act
(42 U.S.C. 711).
(9) A certification that the State will support the
continuous quality improvement of programs providing preschool
services under this title, including support through technical
assistance, monitoring, and research.
(10) A certification that the State will ensure a highly
qualified early childhood workforce to support the requirements
of this title.
(11) An assurance that the State will meet the requirements
of clauses (ii) and (iii) of section 658E(c)(2)(T) of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858c(c)(2)(T)), with respect to funding and assessments under
this title.
(12) A certification that subgrant and contract amounts
provided as described in section 304 will be sufficient to
enable eligible providers to meet the requirements of this
title, and will provide for increased payment amounts based on
the criteria described in clauses (iv) and (v) of paragraph
(2)(B).
(13) An agreement to provide to the Secretary such periodic
reports, providing a detailed accounting of the uses of funding
received under this section, as the Secretary may require for
the administration of this section.
(f) Duration of the Plan.--Each State plan shall remain in effect
for a period of not more than 3 years. Amendments to the State plan
shall remain in effect for the duration of the plan.
SEC. 304. SUBGRANTS AND CONTRACTS FOR LOCAL PRESCHOOL PROGRAMS.
(a) Subgrants and Contracts.--
(1) In general.--A State that receives a payment under
section 303(b) for a fiscal year shall use amounts provided
through the payment to pay the costs of subgrants to, or
contracts with, eligible providers to operate universal, high-
quality, free, and inclusive preschool programs (which State-
funded programs may be referred to in this section as ``local
preschool programs'') through the State preschool program in
accordance with subsection (c). A State shall reduce or
increase the amounts provided under such subgrants or contracts
if needed to adjust for any overpayment or underpayment
described in section 303(b)(4).
(2) Amount.--A State shall award a subgrant or contract
under this section in a sufficient amount to enable the
eligible provider to operate a local preschool program that
meets the requirements of section 303(e)(2), which amount shall
reflect variations in the cost of preschool services by
geographic area, type of provider, and age of child, and the
additional costs associated with providing inclusive preschool
services for children with disabilities.
(3) Duration.--The State shall award a subgrant or contract
under this section for a period of not less than 3 years,
unless the subgrant or contract is terminated or suspended, or
the subgrant period is reduced, for cause.
(b) Enhanced Payments for Comprehensive Services.--In awarding
subgrants or contracts under this subsection and in addition to meeting
the requirements of subsection (a)(2), the State shall award subgrants
or contracts with enhanced payments to eligible providers that offer
local preschool programs funded under this section to a high percentage
of low-income children to support comprehensive services.
(c) Establishing and Expanding Universal Preschool Programs.--
(1) Establishing and expanding universal preschool programs
in high-need communities.--In awarding subgrants or contracts
under this section, the State shall first prioritize
establishing and expanding universal local preschool programs
within and across high-need communities by awarding subgrants
or contracts to eligible providers operating within and across,
or with capacity to operate within and across, such high-need
communities. The State shall--
(A) use a research-based methodology approved by
the Secretary to identify such high-need communities,
as determined by--
(i) the rate of poverty in the community;
(ii) rates of access to high-quality
preschool within the community; and
(iii) other indicators of community need as
required by the Secretary; and
(B) distribute funding for preschool services under
this section within such a high-need community so that
a majority of children in the community are offered
such preschool services before the State establishes
and expands preschool services in communities with
lower levels of need.
(2) Use of funds.--Subgrants or contracts awarded under
paragraph (1) shall be used to enroll and serve children in
such a local preschool program involved, including by paying
the costs--
(A) of personnel (including classroom and
administrative personnel), including compensation
(including benefits);
(B) associated with implementing the State's
preschool standards, providing curriculum supports, and
meeting early learning and development standards;
(C) of professional development, teacher supports,
and training;
(D) of implementing and meeting developmentally
appropriate health and safety standards (including
licensure, where applicable), teacher to child ratios,
and group size maximums;
(E) of materials, equipment, and supplies; and
(F) of rent or a mortgage, utilities, building
security, indoor and outdoor maintenance, and
insurance.
(d) Establishing and Expanding Universal Preschool Programs in
Additional Communities.--Once a State that receives a payment under
section 303(b) meets the requirements of subsection (c) with respect to
establishing and expanding local preschool programs within and across
high-need communities, the State shall use funds from such payment to
enroll and serve children in local preschool programs, as described in
such subsection, in additional communities in accordance with the
metrics described in subsection (c)(1)(A). Such funds shall be used for
the activities described in subparagraphs (A) through (F) of subsection
(c)(2).
SEC. 305. PAYMENTS FOR UNIVERSAL PRESCHOOL SERVICES TO INDIAN TRIBES
AND TERRITORIES.
(a) Indian Tribes and Tribal Organizations.--
(1) In general.--For each of fiscal years 2026 through
2031, from the amount appropriated for Indian Tribes and Tribal
organizations under section 302(b)(1), the Secretary shall make
payments to Indian Tribes and Tribal organizations with an
application approved under paragraph (2), and the Tribes and
Tribal organizations shall be entitled to such payments for the
purpose of carrying out the preschool program described in this
title, consistent, to the extent practicable as determined by
the Secretary, with the requirements applicable to States.
(2) Applications.--An Indian Tribe or Tribal organization
seeking a payment under this subsection shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may specify.
(b) Territories.--
(1) In general.--For each of fiscal years 2026 through
2031, from the amount appropriated for territories under
section 302(b)(2), the Secretary shall make payments to the
territories with an application approved under paragraph (2),
and the territories shall be entitled to such payments, for the
purpose of carrying out the preschool program described in this
title, consistent, to the extent practicable as determined by
the Secretary, with the requirements applicable to States.
(2) Applications.--A territory seeking a payment under this
subsection shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may specify.
(c) Lead Agency.--The head of an Indian Tribe or territory desiring
for the Indian Tribe or a related Tribal organization, or territory, to
receive a payment under this section shall designate a lead agency
(such as a tribal or territorial agency or joint interagency office)
for the administration of the preschool program of the Indian Tribe or
territory, under this section.
SEC. 306. GRANTS TO LOCALITIES AND HEAD START EXPANSION IN
NONPARTICIPATING STATES.
(a) Eligible Locality Defined.--In this section, the term
``eligible locality'' means a city, county, or other unit of general
local government, a local educational agency, or a Head Start agency.
(b) Grants to Localities.--
(1) In general.--The Secretary, in consultation with the
Secretary of Education, shall use funds reserved in section
302(b)(5) to award local universal preschool grants, as
determined by the Secretary of Health and Human Services, to
eligible localities located in States that have not received
payments under section 303. The Secretary shall award the
grants to eligible localities in a State from the allotment
made for that State under paragraph (2). The Secretary shall
specify the requirements for an eligible locality to conduct a
preschool program under this section which shall, to the
greatest extent practicable, be consistent with the
requirements applicable to States under this title, for a
universal, high-quality, free, and inclusive preschool program.
(2) Allotments.--For each State described in paragraph (1),
the Secretary shall allot for the State for a fiscal year an
amount that bears the same relationship to the funds
appropriated under section 302(b)(5) for the fiscal year as the
number of children from families with family incomes at or
below 200 percent of the poverty line, and who are under the
age of 6, in the State bears to the total number of all such
children in all States described in paragraph (1).
(3) Application.--To receive a grant from the corresponding
State allotment under this section, 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 title.
(c) Head Start Expansion in Nonparticipating States.--
(1) In general.--The Secretary shall use funds appropriated
under section 302(b)(5), to make awards to Head Start agencies
in a State described in subsection (b)(1) to carry out the
purposes of the Head Start Act (42 U.S.C. 9831 et seq.) in such
State.
(2) Rule.--For purposes of carrying out the Head Start Act
in circumstances not involving awards under this subsection,
funds awarded under paragraph (1) 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)).
(3) Definition.--In this subsection, 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(a)).
(d) Priority for Serving Underserved Communities.--In making
determinations to award a grant or make an award under this section,
the Secretary shall give priority to entities serving communities with
a high percentage of children from families with family incomes at or
below 200 percent of the poverty line.
SEC. 307. ALLOWABLE SOURCES OF NON-FEDERAL SHARE.
For purposes of calculating the amount of the non-Federal share, as
determined under section 303(b)(3), relating to a payment under section
303(b), a State's non-Federal share--
(1) may be in cash or in-kind, fairly evaluated, including
facilities or property, equipment, or services;
(2) shall include any increase in amounts spent by the
State to expand half-day kindergarten programs in the State, as
of the day before the date of enactment of this Act, into full
day kindergarten programs;
(3) shall not include contributions being used as a non-
Federal share or match for another Federal award;
(4) shall be provided from State or local sources,
contributions from philanthropy or other private organizations,
or a combination of such sources and contributions; and
(5) shall count not more than 100 percent of the State's
current spending on prekindergarten programs, calculated as the
average amount of such spending by the State for fiscal years
2023, 2024, and 2025, toward the State's non-Federal share.
SEC. 308. MAINTENANCE OF EFFORT.
(a) In General.--If a State reduces its combined fiscal effort per
child for the State preschool program (whether a publicly funded
preschool program or a program under this title) or through State
supplemental assistance funds for Head Start programs assisted under
the Head Start Act, or through any State spending on early childhood
programs or preschool services for any fiscal year that a State
receives payments under section 303(b) (referred to in this paragraph
as the ``reduction fiscal year'') relative to the previous fiscal year,
the Secretary, in collaboration with the Secretary of Education, shall
reduce support for such State under such subsection by the same amount
as the total reduction in that State fiscal effort for such reduction
fiscal year.
(b) Waiver.--The Secretary, in collaboration with the Secretary of
Education, may waive the requirements of subsection (a) if--
(1) the Secretaries determine that a waiver would be
appropriate due to a precipitous decline in the financial
resources of a State as a result of unforeseen economic
hardship, or a natural disaster, that has necessitated across-
the-board reductions in State services during the 5-year period
preceding the date of the determination, including for early
childhood education programs; or
(2) due to the circumstance of a State requiring reductions
in specific programs, including early childhood education
programs, the State presents to the Secretaries a justification
and demonstration why other programs could not be reduced and
how early childhood education programs in the State will not be
disproportionately harmed by such State reductions.
SEC. 309. SUPPLEMENT NOT SUPPLANT.
Funds received under this title shall be used to supplement and not
supplant other Federal, State, and local public funds expended on
prekindergarten programs in the State on the date of enactment of this
Act, calculated as the average amount of such Federal, State, and local
public funds expended for fiscal years 2023, 2024, and 2025.
SEC. 310. NONDISCRIMINATION PROVISIONS.
The following provisions of law shall apply to any program or
activity that receives funds provided under this title:
(1) Title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.).
(2) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
(3) Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794).
(4) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
SEC. 311. MONITORING AND ENFORCEMENT.
(a) Review of Compliance With Requirements and State Plan.--The
Secretary shall review and monitor compliance of States, territories,
Tribal entities, and local entities with this title and State
compliance with the State plan described in section 303(e), including a
process for progress updates on the requirements described in section
303(e)(1).
(b) Issuance of Rule.--The Secretary shall establish by rule
procedures for--
(1) 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
title;
(2) notifying a State when the Secretary has determined
there has been a failure by the State to comply with a
requirement of this title; and
(3) imposing sanctions under this section for such a
failure.
SEC. 312. REPORTING.
(a) In General.--Each State that receives a payment under section
303 shall prepare an annual report, in such manner and containing such
information as the Secretary of Health and Human Services may
reasonably require.
(b) Contents.--A report prepared under subparagraph (a) shall
contain, at a minimum--
(1) a description of the manner in which the State has used
the funds made available through the payment and a report of
the expenditures made with the funds;
(2) a summary of the State's progress toward providing
access to high-quality preschool programs for eligible
children;
(3) the number and percentage of children in the State
participating in eligible preschool programs, disaggregated by
race, ethnicity, family income, child age, disability, and
whether the children are homeless children, children in foster
care, or dual language learners;
(4) data on the number and percentage of children in the
State participating in public kindergarten programs,
disaggregated by race, family income, child age, disability,
and whether the children are homeless children, children in
foster care, or dual language learners, with information on
whether such programs are offered--
(A) for a full day; and
(B) at no cost to families;
(5) data on the kindergarten readiness of children across
the State;
(6) data on recruitment and retention of early childhood
staff disaggregated by provider type, and age of children
served; and
(7) data regarding coordination efforts with other child
care and early childhood education programs, including those
funded under the Head Start Act (42 U.S.C. 9831 et seq.).
TITLE IV--HEAD START EXTENDED DURATION
SEC. 401. EXTENDED DURATION.
(a) In General.--The Head Start Act (42 U.S.C. 9801 et seq.) is
amended--
(1) by redesignating section 657C (42 U.S.C. 9852c) as
section 657D; and
(2) by inserting after section 657B (42 U.S.C. 9852b) the
following:
``SEC. 657C. EXTENDED DURATION.
``(a) In General.--The Secretary shall make grants to Head Start
agencies (including Early Head Start agencies) funded under this
subchapter to enable such agencies--
``(1) to provide access to a full school year and a full
school day of services;
``(2) in the case of a migrant and seasonal Head Start
agency, to provide access to additional service hours to ensure
continuous Head Start services as determined by the Secretary;
or
``(3) in the case of a Head Start agency (including an
Early Head Start agency) that already meets the full-day, full-
year services needs within its community, to enhance the
quality of Head Start services (including Early Head Start
services) provided to children served by such agency.
``(b) Application.--
``(1) In general.--To be eligible to receive a grant under
this section, a Head Start agency shall submit an application
at such time and in such manner as the Secretary may require.
Such application shall include--
``(A) evidence of--
``(i) the number and percentage of slots--
``(I) in the agency's Head Start
center-based programs (that are not
Early Head Start programs)--
``(aa) that are currently
funded (as of the date of
submission of the application);
and
``(bb) in which services
are provided for at least the
equivalent of 1,020 hours per
year; and
``(II) in the agency's Early Head
Start center-based programs--
``(aa) that are currently
funded (as of that date); and
``(bb) in which services
are provided for at least the
equivalent of 1,380 hours per
year; and
``(ii) the number and percentage of slots,
in the agency's Head Start family child care
programs--
``(I) that are currently funded (as
of that date); and
``(II) in which services are
provided for at least the equivalent of
1,380 hours per year;
``(B) a description of an approach, using the
current community-wide strategic planning and needs
assessment described in section 640(g)(1)(C) and
current program schedule (current as of the date of
submission of the application), that transitions all of
the agency's Head Start programs to a full school day,
full school year program schedule; and
``(C) a budget justification that estimates the
supplemental funding necessary to provide for
incremental ongoing operating costs for the extended
hours of service under such a program schedule for the
current enrollment in the agency's Head Start programs.
``(2) Exceptions.--
``(A) Migrant and seasonal head start.--
``(i) In general.--A migrant and seasonal
Head Start agency may apply for a grant
described in subsection (a) without meeting the
requirements specified in paragraph (1) to
ensure continuous Head Start services are
provided to children enrolled in a migrant and
seasonal Head Start program. To be eligible to
receive the grant, the agency shall submit an
application at such time and in such manner as
the Secretary may require.
``(ii) Priority.--In making grants to
applicants described in clause (i), the
Secretary shall give priority to a migrant and
seasonal Head Start agency operating for fewer
than 8 months per year.
``(B) Full-day, full-year head start agencies.--
``(i) In general.--A Head Start agency
(including an Early Head Start agency) that
certifies to the Secretary that it is meeting
the full-day, full-year need within its
community may apply for a grant to enhance the
quality of services provided to children
enrolled in its Head Start program (including
its Early Head Start program) in accordance
with subsection (c)(2).
``(ii) Application.--A Head Start agency
(including Early Head Start agency) that meets
the requirements of clause (i) shall submit an
application, which shall include--
``(I) the proposed uses of funds in
accordance with subsection (c)(2); and
``(II) how such uses of funds
relate to the community-wide strategic
planning and needs assessment described
under section 640(g)(1)(C).
``(c) Use of Funds.--
``(1) Extended duration.--A Head Start agency that meets
the requirements of paragraph (1) or (2) of subsection (a)
receiving a grant under this section shall use the grant funds
to cover the costs associated with extending those hours of
service for the current enrollment, such as additional costs
for--
``(A) the purchase, rental, renovation, and
maintenance of additional facilities;
``(B) ongoing purchases of classroom supplies;
``(C) staff providing services during the extended
hours; and
``(D) professional development to staff
transitioning to providing services during the extended
hours.
``(2) Enhancing program quality.--A Head Start agency
(including an Early Head Start agency) that meets the
requirements of subsection (a)(3) shall use funds for the
activities authorized under section 640(a)(5)(B).
``(3) Exception.--The Head Start agency shall not use the
grant funds to expand the number of children served in the Head
Start program (including the Early Head Start program) of the
agency.
``(d) Reservations.--
``(1) Activities.--From the total amount appropriated to
carry out this section, the Secretary shall--
``(A) for making grants for the activities
described in subsection (c)(1)(A), reserve
$4,000,000,000 of the funds appropriated for fiscal
year 2026; and
``(B) for making grants for the activities
described in any of subparagraphs (B) through (D) of
subsection (c)(1), reserve--
``(i) $833,000,000 of the funds
appropriated for fiscal year 2026;
``(ii) $852,000,000 of the funds
appropriated for fiscal year 2027; and
``(iii) $872,000,000 of the funds
appropriated for fiscal year 2028.
``(2) Priority.--The Secretary shall prioritize Head Start
agencies (including Early Head Start agencies) that are
applying to use funds to carry out the activities described in
subsection (a)(1).
``(3) Migrant or seasonal head start programs.--From the
amount appropriated to carry out this section for a fiscal year
and reserved under paragraph (1)(B), the Secretary shall
reserve 4.5 percent for migrant or seasonal Head Start
programs.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $4,833,000,000 for fiscal year 2026;
``(2) $852,000,000 for fiscal year 2027; and
``(3) $872,000,000 for fiscal year 2028.
``(f) Definitions.--In this section:
``(1) Full school day; full school year.--The terms `full
school day' and `full school year' mean such a day and year,
respectively, within the meaning of the Head Start Program
Performance standards issued under section 641A(a).
``(2) Migrant and seasonal head start agency.--The term
`migrant and seasonal Head Start agency' means an agency that
is funded under this subchapter to provide a migrant and
seasonal Head Start program.''.
(b) Conforming Amendments.--Section 640 of the Head Start Act (42
U.S.C. 9835) is amended--
(1) in subsection (a)(6), by striking ``appropriated under
this subchapter'' each place it appears and inserting
``appropriated under section 639''; and
(2) in subsection (g)(3)(A)--
(A) by striking ``amount appropriated'' each place
it appears and inserting ``amount appropriated under
section 639'';
(B) by striking ``services provided under this
subchapter'' and inserting ``services provided under
this subchapter (other than section 657C)''; and
(C) by striking ``agency under this subchapter''
and inserting ``agency under this subchapter (other
than section 657C)''.
SEC. 402. APPROPRIATION FOR WAGES.
(a) Appropriation.--There is authorized to be appropriated, and
there is appropriated, out of any funds in the Treasury not otherwise
appropriated, $2,700,000,000 for fiscal year 2026 and each subsequent
fiscal year, to carry out subsection (b).
(b) Use of Funds.--Using funds made available under subsection (a),
the Secretary of Health and Human Services shall assist Head Start
agencies (including Early Head Start agencies) funded under the Head
Start Act (42 U.S.C. 9831 et seq.), to the extent needed to ensure that
their teachers and staff--
(1) receive wages that are comparable to wages for
elementary educators with similar credentials and experience in
the State; or
(2) at a minimum, receive a living wage.
(c) Application.--In carrying out subsection (b), the Secretary
shall apply the Head Start Act, except to the extent that subsection
(b) is inconsistent with that Act.
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