,,ii #aaith ,,congress #ast ,session ,s4 #bbie ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ae1 #bjbe,mrs4 ,murray 7for herself1 ,mr4 ,kaine1 ,ms4 ,hirono1 and ,mr4 ,kim7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to increase the quality and supply of child care and lower child care costs for families4 #a4 ,short title ,this ,act may be cited as the ,child ,care for ,working ,families ,act4 ,i ,child ,care and ,early ,learning ,program #aja4 ,birth through five child care and early learning program 7a7 ,child care definitions ,the definitions in section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn7 shall apply to this section1 except as provided in subsection 7b7 and as otherwise specified4 7b7 ,additional definitions ,in this section3 7#a7 ,apprenticeship ,the term apprenticeship means an apprenticeship registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq474 7#b7 ,child care certificate 7,a7 ,in general ,the term child care certificate means a certificate 7that may be a check or other disbursement7 that is issued by a ,state1 ,tribal1 territorial1 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 provider4 7,b7 ,rule ,nothing in this section shall preclude the use of such certificates for sectarian child care services if freely chosen by the parent4 ,for the purposes of this section1 child care certificates shall be considered indirect ,federal financial assistance to the provider4 7#c7 ,child experiencing homelessness ,the term child experiencing homelessness means an individual who is a homeless child or youth under section #gbe of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a74 7#d7 ,eligible activity ,the term eligible activity1 with respect to a parent1 shall include1 at minimum1 activities consisting of-- 7,a7 full-time or part-time employment2 7,b7 self-employment2 7,c7 job search activities2 7,d7 secondary1 postsecondary1 or adult education1 including education through a program of high school classes1 a course of study at an institution of higher education1 classes towards an equivalent of a high school diploma recognized by ,state law1 or ,english as a second language classes2 7,e7 health treatment 7including mental health and substance use treatment7 for a condition that prevents the parent from participating in other eligible activities2 7,f7 activities to prevent child abuse and neglect1 or family violence prevention or intervention activities2 7,g7 employment and training activities1 including job training1 under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq472 and 7,h7 taking leave under the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfja et seq47 7or equivalent provisions for ,federal employees71 a ,state or local paid or unpaid leave law1 or a program of employer-provided leave4 7#e7 ,eligible child 7,a7 ,in general ,the term eligible child means an individual-- 7i7 who is less than #f years of age2 7ii7 who is not yet in kindergarten2 and 7iii7 who-- 7,i7 resides with a parent or parents who are participating in an eligible activity2 7,,ii7 is included in a population of vulnerable children identified by the lead agency involved1 which at a minimum shall include children with disabilities1 infants and toddlers with disabilities1 children experiencing homelessness1 children in foster care1 children in kinship care1 children in a family that is eligible for assistance through the special supplemental nutrition assistance program for women1 infants1 and children established by section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf71 a household that is eligible to receive assistance through the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq471 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 7#db ,u4,s4,c4 #fja et seq471 and children who are receiving1 or need to receive1 child protective services2 or 7,,iii7 resides with-- 7aa7 a parent who is more than #fe years of age2 7bb7 a parent who is employed by an eligible child care provider2 or 7cc7 a parent who is enrolled in high school and has not exceeded the maximum age of enrollment in high school4 7,b7 ,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 #f years of age or enters kindergarten1 whichever occurs earlier4 7#f7 ,eligible child care provider 7,a7 ,in general ,the term eligible child care provider means a center-based child care provider1 a family child care provider1 or other provider of child care services for compensation that-- 7i7 is licensed to provide child care services under ,state law applicable to the child care services it provides or1 in the case of an ,indian ,tribe or ,tribal organization1 meets the rules set by the ,secretary2 7ii7 participates in the ,state's tiered system for recognizing and supporting the quality of child care services described in subsection 7f77#c77;,b71 or1 in the case of an ,indian ,tribe or ,tribal organization1 meets the rules set by the ,secretary-- 7,i7 not later than #d years after the ,state first receives funds under this section2 and 7,,ii7 for the remainder of the period for which the provider receives funds under this section2 and 7iii7 satisfies the ,state and local requirements1 including those requirements described in section #feh;,e7c77#b77;,i7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;c7c77#b77;,i771 applicable to the child care services it provides4 7,b7 ,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 #aiij 7#db ,u4,s4,c4 #iheg et seq47 on the date the ,state submits an application for funds under this section1 and remains in compliance with any licensing or registration standards1 or regulations1 of the ,state1 shall be deemed to be an eligible child care provider under this section for #c4e years after the ,state first receives funding under this section4 7#g7 ,,fmap ,the term ,,fmap has the meaning given the term ,federal medical assistance percentage in the first sentence of section #aije7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7b774 7#h7 ,family child care provider ,the term family child care provider means one or more individuals who provide child care services1 in a private residence other than the residences of the children involved1 for less than #bd hours per day per child1 or for #bd hours per day per child due to the nature of the work of the parent involved4 7#i7 ,inclusive care ,the term inclusive1 with respect to care 7including child care71 means care provided by an eligible child care provider-- 7,a7 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 7whichever the provider serves7 among children within the ,state involved2 and 7,b7 that provides care and full participation for children with disabilities and infants and toddlers with disabilities 7whichever the provider serves7 alongside children who are-- 7i7 not children with disabilities2 and 7ii7 not infants and toddlers with disabilities4 7#aj7 ,infant or toddler ,the term infant or toddler means an individual who is less than #c years of age4 7#aa7 ,infant or toddler with a disability ,the term infant or toddler with a disability has the meaning given the term in section #fcb of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adcb74 7#ab7 ,lead agency ,the term lead agency means the agency designated under subsection 7e74 7#ac7 ,provider type ,the term provider type means a type that is-- 7,a7 a center-based child care provider2 7,b7 a family child care provider2 or 7,c7 another non-center-based child care provider4 7#ad7 ,recognized postsecondary credential ,the term recognized postsecondary credential has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#ae7 ,staffed family child care network ,the term staffed family child care network means a nonprofit organization or nonprofit cooperative-- 7,a7 that may be a component of a child care resource and referral organization2 7,b7 that has at least one paid staff member2 and 7,c7 that offers evidence-based professional development1 quality improvement support1 business support1 and technical assistance1 including on achieving licensure as a child care provider1 to family child care providers4 7#af7 ,state ,the term ,state means any of the #ej ,states and the ,district of ,columbia4 7#ag7 ,territory ,the term territory means the ,commonwealth of ,puerto ,rico1 the ,virgin ,islands of the ,united ,states1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 7c7 ,appropriations 7#a7 ,entitlement ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,health and ,human ,services1 out of any money in the ,treasury not otherwise appropriated1 such sums as may be necessary for each of fiscal years #bjbf through #bjca1 for payments to ,states1 territories1 and ,indian ,tribes and ,tribal organizations1 and for carrying out this section 7other than carrying out activities described in paragraph 7#b7 or 7#c774 7#b7 ,grants to localities2 awards to ,head ,start agencies ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,health and ,human ,services for fiscal year #bjbf1 out of any money in the ,treasury not otherwise appropriated1 #bj1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out the programs of grants to localities and awards to ,head ,start agencies described in subsection 7i74 7#c7 ,federal administration ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,health and ,human ,services for fiscal year #bjbf1 out of any money in the ,treasury not otherwise appropriated1 #a1cjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out subsections 7k7 and 7l74 7d7 ,establishment of birth through five child care and early learning entitlement program 7#a7 ,in general ,the ,secretary is authorized to administer a child care and early learning entitlement program under which an eligible child1 in a ,state1 territory1 or ,indian ,tribe1 or served by a ,tribal organization with an approved application under subsection 7f7 or 7g71 shall be provided an opportunity to obtain high-quality child care services1 subject to the requirements of this section4 7#b7 ,assistance for every eligible child ,beginning on ,october #a1 #bjbf1 every child who applies for assistance under this section1 who is in a ,state with an approved application under subsection 7f71 or in a territory or ,indian ,tribe or served by a ,tribal organization with an approved application under subsection 7g71 and who is determined1 by a lead agency 7or other entity designated by a lead agency7 for the ,state1 territory1 ,indian ,tribe1 or ,tribal organization involved1 following standards and procedures established by the ,secretary by rule1 to be an eligible child1 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 section4 7e7 ,lead agency ,the ,governor of a ,state or the head of a territory or ,indian ,tribe1 desiring for the ,state1 territory1 or ,indian tribe or a related tribal organization to receive a payment under this section1 shall designate a lead agency 7such as a ,state agency or joint interagency office7 to administer the child care program carried out under this section4 7f7 ,applications and ,state plans 7#a7 ,application ,to be eligible to receive assistance under this section1 a ,state shall prepare and submit to the ,secretary for approval an application containing a ,state plan that meets the requirements under paragraph 7#c7 and contains that information4 7#b7 ,period covered by plan ,a ,state plan contained in the application shall be designed to be implemented during a period of not more than #c years4 7#c7 ,requirements for ,state plans ,the ,secretary shall award funds under this section to ,states with an approved application that contains a ,state plan1 submitted under paragraph 7#a71 at such time1 in such manner1 and containing such information as the ,secretary shall by rule require1 including1 at a minimum1 the following3 7,a7 ,payment rates and cost estimation 7i7 ,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 plan1 within #c years after the ,state first receives funds under this section-- 7,i7 will be sufficient to meet the cost of child care 7including fixed costs such as rent or mortgage and salaries71 and set 7with pay being paid7 in accordance with a cost estimation model or cost study described in clause 7ii7 that is approved by the ,secretary2 and 7,,ii7 will correspond to differences in quality 7including improved quality7 based on the ,state's tiered system for recognizing and supporting the quality of child care services described in subparagraph 7,b74 7ii7 ,cost estimation ,such ,state plan shall-- 7,i7 demonstrate that the ,state has1 after consulting with the entities and administrators described in subclause 7,,ii71 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 7that are sufficient to cover providers' fixed costs and take into account payments made through ,,base grants under title ,,ii71 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 7,b71 and for variations in the cost of direct child care services by geographic area1 provider type1 and age of child1 and the additional costs associated with providing inclusive care2 7,,ii7 certify that the entities and administrators consulted included the ,state ,advisory ,council on ,early ,childhood ,education and ,care designated or established in section #fdb;,b7b77#a77;,a77i7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcg;b7b77#a77;,a77i77 7including ,state ,head ,start collaboration office directors71 administrators of local child care programs and ,head ,start agencies1 organizations representing child care directors1 teachers1 and other staff1 local child care resource and referral organizations1 organizations representing parents of children with disabilities and parents of infants and toddlers with disabilities1 the ,state interagency coordinating council established under section #fda of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adda71 the ,state advisory panel established under section #fab7;a77#ba7 of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adab7;a77#ba771 organizations and labor organizations representing child care providers1 and other appropriate entities2 7,,iii7 certify that the ,state-- 7aa7 not later than #cj days after finalizing the cost estimation model or cost study1 published a detailed report containing the child care costs estimated with the cost estimation model or cost study1 and including an explanation detailing how the wage requirements described in subclause 7,,iv77cc7 were applied in the estimation of such costs2 and 7bb7 not later than #fj days after publishing the report1 established a system to receive public comment on the report about making changes to the cost estimation model or cost study1 provided an opportunity for the public to comment on the report through that system1 and submitted the report to the ,secretary2 7,,iv7 certify that the ,state's payment rates for direct child care services for which assistance is provided in accordance with this section-- 7aa7 are set 7with pay being paid7 in accordance with the most recent estimates from the most recent cost estimation model or cost study under subclause 7,i71 so that providers at each tier of the tiered system for recognizing and supporting the quality of child care services described in subparagraph 7,b7 receive a payment that is sufficient to fully meet the requirements of such tier2 7bb7 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 tier2 7cc7 ensure adequate wages for staff of child care providers providing such direct child care services that-- 7,,aa7 at a minimum1 provide a living wage for all staff of such child care providers2 and 7,,bb7 are equivalent to wages for elementary educators with similar credentials and experience in the ,state2 and 7dd7 are adjusted on an annual basis for cost-of-living increases to ensure those payment rates remain sufficient to meet the requirements of this section2 7,v7 certify that the ,state will update1 not less often than once every #c years1 the cost estimation model or cost study1 following the process and in accordance with the requirements of this subparagraph2 and 7,,vi7 certify that the ,state has established a system for appeals of the child care costs estimated with the cost estimation model or cost study4 7iii7 ,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 services4 7,b7 ,tiered system for recognizing and supporting the quality of child care services ,such ,state plan shall certify that the ,state has implemented1 or assure that the ,state will develop or revise within #c years after first receiving funds under this section1 with input 7from early childhood education and development experts1 from a diverse group of child care providers of a variety of provider types1 from families1 and from organizations representing child care directors1 teachers1 and other staff71 a tiered system for recognizing and supporting the quality of child care services for which assistance is made available under this section1 and that are inclusive and appropriate for such child care providers4 ,such tiered system shall-- 7i7 include a set of standards1 for determining the tier of quality of a child care provider1 that-- 7,i7 uses standards for a highest tier that at a minimum are equivalent to ,head ,start program performance standards described in section #fda;,a7a77#a77;,b7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcf;a7a77#a77;,b77 or other equivalent evidence-based standards approved by the ,secretary2 7,,ii7 includes quality indicators and thresholds that are appropriate for child development for different types of provider types1 including center-based child care providers and family child care providers1 and are appropriate for providers serving different age groups 7including mixed age groups7 of children2 and 7,,iii7 aligns standards for the lowest tier with ,state licensing requirements for child care providers described in subparagraph 7,k72 7ii7 include a different set of standards that includes indicators1 when appropriate1 for care during nontraditional hours of operation2 and 7iii7 provide for sufficient resources and supports for child care providers at tiers lower than the highest tier to facilitate progression toward meeting higher quality standards4 7,c7 ,achieving high quality for all children ,such ,state plan shall certify the ,state has implemented1 or will implement within #c years after first receiving funds under this section1 policies and financing practices that will ensure all eligible children can choose to attend child care1 with services provided by any of a variety of provider types including family child care providers1 at the highest quality tier within #aj years after the date of enactment of this ,act4 7,d7 ,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 providers1 disaggregated 7unless the disaggregation involved would reveal personally identifiable information about an individual provider or child7 by-- 7i7 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 7,b72 7ii7 the primary language of the provider2 7iii7 the race and ethnicity of the children served2 7iv7 the age of the children2 7v7 the disability status of the children2 and 7vi7 the primary language of the children4 7,e7 ,compensation ,such plan shall provide a certification that the ,state has or will have within #c years after first receiving funds under this section1 a wage ladder for staff of eligible child care providers receiving assistance under this section1 including a certification that wages for such staff1 at a minimum1 will meet the requirements of subparagraph 7,a77ii77,,iv77cc74 7,f7 ,sliding fee scale for copayments 7i7 ,in general ,except as provided in clause 7ii77,i71 the ,state plan shall provide an assurance that the ,state will for the period covered by the plan use a sliding fee scale1 which shall gradually increase copayments as a percentage of family income for families with greater family incomes as described in clause 7ii71 to determine a copayment for a family receiving assistance under this section 7or1 for a family receiving part-time care1 a reduced copayment that is the proportionate amount of the full copayment74 7ii7 ,sliding fee scale ,a full copayment described in clause 7i7 shall be determined using a sliding fee scale that provides that1 for a family with a family income-- 7,i7 of not more than #he percent of the ,state median income for a family of the same size1 the family shall not pay a copayment1 toward the cost of the child care involved for all eligible children in the family2 7,,ii7 of more than #he percent but not more than #ajj percent of the ,state median income for a family of the same size1 the copayment shall be more than #j but not more than #b percent of that family income1 toward such cost for all such children2 7,,iii7 of more than #ajj percent but not more than #abe percent of the ,state median income for a family of the same size1 the copayment shall be more than #b but not more than #d percent of that family income1 toward such cost for all such children2 7,,iv7 of more than #abe percent but not more than #aej percent of the ,state median income for a family of the same size1 the copayment shall be more than #d but not more than #g percent of that family income1 toward such cost for all such children2 and 7,v7 of more than #aej percent of the ,state median income for a family of the same size1 the copayment shall be #g percent of that family income1 toward such cost for all such children4 7,g7 ,prohibition on charging more than copayment ,the ,state plan shall certify that1 after the ,state develops and uses the cost estimation model or cost study described in subparagraph 7,a77ii71 the ,state will not permit a child care provider receiving financial assistance under this section to charge1 for direct child care services for an eligible child1 more than the total of-- 7i7 the financial assistance provided for the child under this section2 and 7ii7 any applicable copayment pursuant to subparagraph 7,f74 7,h7 ,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 assistance1 and will receive such assistance1 for not less than #ab months unless the child has aged out of the program1 and the child's eligibility determination and redetermination1 including any determination based on the ,state's definition of eligible activities1 shall be implemented in a manner that supports child well-being and reduces barriers to enrollment1 including continuity of services4 7,i7 ,policies to support access to child care for underserved populations ,the ,state plan shall demonstrate that the ,state will prioritize increasing access to1 and the quality and the supply of1 child care in the ,state for underserved populations1 including at a minimum1 children from low-income families1 children in underserved areas1 infants and toddlers1 children with disabilities and infants and toddlers with disabilities1 children who are dual language learners1 children experiencing homelessness1 children in foster or kinship care1 children who receive care during nontraditional hours1 and vulnerable children as defined by the lead agency pursuant to subsection 7b77#e77;,a77iii77,,ii74 7,j7 ,policies ,the ,state plan shall include a certification that the ,state will apply1 under this section1 the policies and procedures described in subparagraphs 7,a71 7,b71 7,i71 7,j71 7,k77i71 7,r71 and 7,u7 of section #feh;,e7c77#b7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;c7c77#b771 and the policies and procedures described in section #feh;,h of such ,act 7#db ,u4,s4,c4 #iheh;f71 to child care services provided under this section4 7,k7 ,licensing 7i7 ,consultation ,the ,state plan shall demonstrate that the ,state has consulted or will consult with organizations 7including labor organizations and child care and early learning organizations7 representing eligible child care providers 7including family child care providers71 child care associations1 child care directors1 teachers1 or other staff 7including directors1 teachers1 or staff from child care providers serving higher proportions of underserved populations as identified under subparagraph 7,i771 early childhood education and development experts1 maternal and child health experts1 and families in the development of licensing standards described in this subparagraph1 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 #aiij 7#db ,u4,s4,c4 #iheg et seq474 7ii7 ,licensing standards 7,i7 ,in general ,the ,state plan shall certify that the ,state will develop or revise1 within #b4e years after first receiving funds under this section1 licensing standards appropriate for child care providers of a variety of provider types and provider sizes 7which may1 when appropriate1 include a different set of licensing standards with respect to care during nontraditional hours of operation7 and a pathway to licensure described in this clause that is available to and appropriate for such child care providers1 that will offer providers eligible under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq47 a reasonable pathway to become eligible providers under this section1 and that will assure an adequate supply of child care4 7,,ii7 ,determination ,for purposes of subclause 7,i71 provider size shall be determined by measuring the number of children served by the provider4 7iii7 ,timeline ,such plan shall describe the timeline the ,state will use to ensure sufficient time for providers described in subsection 7b77#f77;,b7 to comply with such licensing standards in order to remain eligible providers after #c4e years after the ,state first receives funding under this section4 7iv7 ,financial support for providers ,such plan shall describe how the ,state will use funds reserved under subsection 7h77#c77;,a7 to enable a variety of provider types to achieve licensure1 including paying for the costs of required background checks1 health screening1 and initial and ongoing training1 and other costs associated with achieving licensure4 7,l7 ,prohibition on suspensions1 expulsions1 and aversive behavioral interventions ,the ,state plan shall provide an assurance that the ,state will-- 7i7 provide assistance to carry out this section only to eligible child care providers that prohibit-- 7,i7 the use of suspension and expulsion of children2 and 7,,ii7 the use of aversive behavioral interventions2 and 7ii7 provide training resources to eligible child care providers and information to families to support the prohibition of practices described in subclauses 7,i7 and 7,,ii7 of clause 7i74 7,m7 ,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 supports1 infant and early childhood mental health consultation and trauma-informed care that promote positive social and emotional development and reduce challenging behaviors4 7,n7 ,enrollment practices 7i7 ,in general ,the ,state plan shall describe how the lead agency will ensure that families have access to a low-barrier enrollment 7including reenrollment7 process that is accessible to and minimizes burdens for families with diverse characteristics1 by implementing activities such as allowing for simplified enrollment for siblings1 coordinating with other ,state agencies to streamline enrollment processes across public assistance programs1 requiring minimal paperwork1 allowing for enrollment through a ,state or local website1 and providing flexible submission deadlines4 7ii7 ,definition ,in this subparagraph1 the term family with diverse characteristics includes families with adults with disabilities1 with children with disabilities1 or with infants and toddlers with disabilities1 families experiencing homelessness1 families with limited access to internet connectivity1 families living in rural areas1 families of dual language learners1 and families with children in underserved populations identified under subparagraph 7,i74 7,o7 ,implementation for low-income families ,the ,state plan shall include a certification that the applicant1 not later than ,october #a1 #bjbf1 will provide assistance described in subsection 7d77#b7 to every child in the ,state who is described in that subsection1 and is from a family with a family income of not more than #he percent of the ,state median income for a family of the same size1 before the applicant expands the program involved to provide such assistance to children from additional families4 7g7 ,payments 7#a7 ,in general ,for each of fiscal years #bjbf through #bjca3 7,a7 ,child care assistance for eligible children 7i7 ,in general ,the ,secretary shall pay to each ,state with an approved application under subsection 7f71 and that ,state shall be entitled to1 an amount for each quarter equal to #ij percent of expenditures 7which shall be the ,federal share of such expenditures7 in the quarter for direct child care services described under subsection 7h77#b7 for eligible children4 7ii7 ,exception ,funds reserved from the total under subsection 7h77#c7 shall be subject to subparagraph 7,b74 7iii7 ,prohibition ,activities described in subparagraph 7,b7 or 7,c7 may not be included in the cost of direct child care services described in this subparagraph4 7,b7 ,activities to improve the quality and supply of child care services ,the ,secretary shall pay to each ,state with such an approved application1 and that ,state shall be entitled to1 the ,,fmap of expenditures 7which shall be the ,federal share of such expenditures7 to carry out activities to improve the quality and supply of child care services under subsection 7h77#c7 subject to the limit specified in subparagraph 7,a7 of such subsection4 7,c7 ,administration ,the ,secretary shall pay to each ,state with such an approved application1 and that ,state shall be entitled to1 an amount equal to #ej percent of expenditures 7which shall be the ,federal share of such expenditures7 for the costs of administration incurred by the ,state-- 7i7 which shall include costs incurred by the ,state in carrying out the child care program established in this section2 and 7ii7 which may include1 at the option of the ,state1 costs associated with carrying out requirements1 policies1 and procedures described in section #feh;,h of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;f74 7#b7 ,advance payment2 retrospective adjustment ,for each of fiscal years #bjbf through #bjca1 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 necessary1 and shall reduce or increase the payments as necessary to adjust for any overpayment or underpayment for previous periods4 ,no interest shall be charged or paid on any amount due because of an overpayment or underpayment for previous periods4 7#c7 ,territories and tribes 7,a7 ,in general ,for each of fiscal years #bjbf through #bjca1 from amounts appropriated under subsection 7c77#a7 the ,secretary shall make payments to territories1 and ,indian ,tribes and ,tribal organizations1 as the case may be1 with applications submitted as described in subparagraph 7,b71 and approved by the ,secretary for the purpose of carrying out the child care program described in this section1 consistent1 to the extent practicable as determined by the ,secretary 7subject to subsection 7d77#b771 with the requirements applicable to ,states4 7,b7 ,applications 7i7 ,tribal applications ,an ,indian ,tribe or ,tribal organization seeking a payment under this paragraph shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may specify1 including-- 7,i7 a certification described in subsection 7f77#c77,o71 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 organization1 as the case may be12 and 7,,ii7 an agreement to collect data and provide reports under subsection 7n74 7ii7 ,territorial applications ,a territory seeking a payment under this paragraph shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may specify1 including-- 7,i7 a certification described in subsection 7f77#c77,o71 except that each reference in the subsection to child in the ,state shall be considered to be a reference to child in the territory2 and 7,,ii7 an agreement to collect data and provide reports under subsection 7n74 7,c7 ,amount ,the ,secretary shall make the payments to the territories1 ,indian ,tribes1 and ,tribal organizations described in subparagraph 7,a7 on the basis of their relative need4 ,each entity that is such a territory1 ,indian ,tribe1 or ,tribal organization shall be entitled to such a payment as may be necessary to carry out the activities described in subsection 7h71 and to pay for the costs of administration incurred by the entity1 which shall include costs incurred by the entity in carrying out the child care program1 and which may include1 at the option of the entity1 costs associated with carrying out requirements1 policies1 and procedures described in section #feh;,h of the ,child ,care and ,development ,block ,grant ,act of #aiij4 7h7 ,use of funds 7#a7 ,in general ,starting on ,october #a1 #bjbf1 a ,state shall use amounts provided to the ,state under subsection 7g7 for direct child care services 7provided on a sliding fee scale basis71 activities to improve the quality and supply of child care services consistent with paragraph 7#c71 and ,state administration consistent with subsection 7g77#a77;,c74 7#b7 ,child care assistance for eligible children 7,a7 ,in general ,for each of fiscal years #bjbf through #bjca1 from payments made to the ,state under subsection 7g7 for that particular fiscal year1 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 7,b7 or a certificate as described in subparagraph 7,c74 7,b7 ,grants and contracts ,the ,state shall award grants or contracts to eligible child care providers1 consistent with the requirements under this section1 for the provision of child care services for eligible children under this section that1 at a minimum1 support providers' operating expenses to meet and sustain health1 safety1 quality1 wage1 and licensing standards required under this section4 7,c7 ,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 provider1 consistent with the requirements under this section4 7#c7 ,activities to improve the quality and supply of child care services 7,a7 ,quality child care activities 7i7 ,amount ,for each of fiscal years #bjbf through #bjca1 from the total of the payments made to the ,state for a particular fiscal year1 the ,state shall reserve and use a quality child care amount equal to not less than #e percent and not more than #aj percent of the amount made available to the ,state through such payments for the previous fiscal year4 7ii7 ,use of quality child care amount ,each ,state shall use the quality child care amount described in clause 7i7 to implement activities described in this paragraph to improve the quality and supply of child care services by eligible child care providers1 and increase the number of available slots in the ,state for child care services funded under this section1 prioritizing assistance for child care providers who are in underserved communities and who are providing1 or are seeking to provide1 child care services for underserved populations identified under subsection 7f77#c77;,i74 7iii7 ,administration ,activities funded under this paragraph may be administered-- 7,i7 directly by the lead agency2 or 7,,ii7 through other ,state government agencies1 local or regional child care resource and referral organizations1 community development financial institutions1 other intermediaries with experience supporting child care providers1 or other appropriate entities that enter into a contract with the ,state to provide such assistance4 7,b7 ,quality and supply activities ,activities funded under the quality child care amount described in subparagraph 7,a7 shall include each of the following3 7i7 ,startup grants and supply expansion grants 7,i7 ,in general ,from a portion of the quality child care amount1 a ,state shall make startup and supply expansion grants to support child care providers who are providing1 or seeking to provide1 child care services to children receiving assistance under this section1 with priority for providers providing or seeking to provide child care in underserved communities and for underserved populations identified under subsection 7f77#c77;,i71 to-- 7aa7 support startup and expansion costs2 and 7bb7 assist such providers in meeting health and safety requirements1 achieving licensure1 conducting background checks1 and meeting requirements in the ,state's tiered system for recognizing and supporting the quality of child care services described in subsection 7f77#c77;,b74 7,,ii7 ,requirement ,as a condition of receiving a startup or supply expansion grant under this clause1 a child care provider shall commit to meeting the requirements of an eligible provider under this section1 and providing child care services to children receiving assistance under this section on an ongoing basis4 7ii7 ,quality grants ,from a portion of the quality child care amount1 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 providers1 including-- 7,i7 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 7f77#c77;,b72 and 7,,ii7 supporting such providers in sustaining child care quality1 including supporting increased wages for staff and supporting payment of fixed costs4 7iii7 ,facilities grants ,from a portion of the quality child care amount1 a ,state shall provide support1 including through awarding facilities grants1 for an activity 7referred to in this subparagraph as a covered activity7 consisting of remodeling1 renovation1 or repair of a building or facility1 or for construction1 permanent improvement1 or major renovation of a building or facility primarily used for providing direct child care services1 in accordance with the following3 7,i7 ,recipients ,the facilities grants shall be awarded to eligible child care providers with submitted or approved applications under subsection 7f7 or 7g7 or to intermediaries with experience supporting child care providers in order to enable the intermediaries to assist such eligible child care providers with covered activities4 7,,ii7 ,eligibility ,to be eligible to receive funds through a facilities grant under this clause1 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 7f7 or 7g7 and commits to provide child care services to children receiving assistance under this section on an ongoing basis4 7,,iii7 ,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 clause4 7,,iv7 ,federal interest duration ,the ,secretary shall not retain a ,federal interest after a period of #aj years in any building1 or facility1 at which a covered activity was carried out with funds awarded under this clause4 7,v7 ,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 worship4 7,,vi7 ,family child care homes ,the ,secretary shall develop parameters on the use of funds under this clause for family child care homes4 7iv7 ,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 section1 which shall include-- 7,i7 supporting the training of the early childhood workforce1 which shall include supporting-- 7aa7 degree attainment2 7bb7 high-quality training programs that lead to a recognized postsecondary credential2 or 7cc7 the development and implementation of apprenticeship programs2 7,,ii7 supporting the professional development of the early childhood workforce through continued education and credentialing2 7,,iii7 developing1 implementing1 or revising the ,state's tiered system for recognizing and supporting the quality of child care services described in subsection 7f77#c77;,b72 7,,iv7 improving the supply and quality of developmentally appropriate and inclusive child care programs and services for underserved populations identified under subsection 7f77#c77;,i72 7,v7 improving access to child care services for vulnerable children as defined by the lead agency pursuant to subsection 7b77#e77;,a77iii77,,ii72 7,,vi7 providing outreach and enrollment support for families of eligible children2 7,,vii7 supporting eligible child care providers to eliminate use of suspensions1 expulsions1 and aversive behavioral interventions1 including through adaptations and interventions by special educators1 mental health consultants1 and other community resource personnel1 such as behavior coaches1 psychologists1 and other appropriate specialists1 and through the provision of mental health services for the providers2 7,,viii7 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 behaviors2 7,,ix7 offering training1 coaching1 or professional development opportunities for eligible child care providers that relate to the use of evidence-based1 developmentally appropriate and age-appropriate strategies to promote the social1 emotional1 physical1 adaptive1 communication1 and cognitive development of children2 7,x7 improving coordination between ,states and local governments with respect to licensing and other regulatory requirements for eligible child care providers2 7,,xi7 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 development2 7,,xii7 identifying and eliminating barriers to licensing of eligible child care providers1 such as through reducing fees for background checks1 translating licensing regulations into languages other than ,english1 and collaborating with housing agencies or local governments2 and 7,,xiii7 establishing or supporting a system of local or regional child care resource and referral organizations that is coordinated1 to the extent determined appropriate by the ,state1 by a statewide public or private nonprofit1 community-based or regionally based1 lead child care resource and referral organization1 as described in section #feh;,e7c77#c77;,b77iii7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;c7c77#c77;,b77iii774 7v7 ,technical assistance ,from a portion of the quality child care amount described in subparagraph 7,a71 the ,state1 in coordination with local governments and staffed family child care networks as appropriate1 shall provide technical assistance to increase the supply of eligible child care providers in the ,state1 such as-- 7,i7 providing business startup support2 7,,ii7 conducting outreach to recruit new child care providers and inform such providers about the opportunities provided under this title1 including support for participation in the tiered system for recognizing and supporting the quality of child care services described in subsection 7f77#c77;,b72 7,,iii7 providing support to enable providers to achieve licensure 7including providing support for child care providers operating legally without a child care license to obtain such license1 such as providing1 for individuals seeking a child care license1 pre-licensing orientation and technical assistance throughout the child care licensing process72 7,,iv7 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 #ag of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff72 and 7,v7 supporting the development of shared service models for child care programs4 7i7 ,grants to localities and awards to ,head ,start programs 7#a7 ,eligible locality defined ,in this subsection1 the term eligible locality means a city1 county1 or other unit of general local government4 7#b7 ,grants to localities 7,a7 ,in general ,the ,secretary shall use funds appropriated under subsection 7c77#b7 to award local ,birth ,through ,five ,child ,care and ,early ,learning ,grants1 as determined by the ,secretary1 to eligible localities located in ,states that have not received payments under subsection 7g74 ,the ,secretary shall award the grants to eligible localities in such a ,state from the allotment made for that ,state under subparagraph 7,b74 7,b7 ,allotments 7i7 ,poverty line defined ,in this subparagraph1 the term poverty line means the poverty line defined and revised as described in section #fgc of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb74 7ii7 ,general authority ,for each ,state described in subparagraph 7,a71 the ,secretary shall allot for the ,state for a fiscal year an amount that bears the same relationship to the funds appropriated under subsection 7c77#b7 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 #bjj percent of the poverty line1 and who are under the age of #f1 in the ,state bears to the total number of all such children in all ,states described in subparagraph 7,a74 7,c7 ,application ,to receive a grant from the corresponding ,state allotment under subparagraph 7,b71 an eligible locality shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 ,the requirements for the application shall1 to the greatest extent practicable1 be consistent with the ,state plan requirements applicable to ,states under subsection 7f74 7,d7 ,requirements ,the ,secretary shall specify the requirements for an eligible locality to provide access to child care1 which child care requirements shall1 to the greatest extent practicable1 be consistent with the requirements applicable to ,states under this section4 7,e7 ,recoupment of unused funds ,notwithstanding any other provision of this section1 for each of fiscal years #bjbg through #bjca1 the ,secretary shall have the authority to recoup any unused funds allotted under subparagraph 7,b7 for awards under paragraph 7#c77;,a7 to ,head ,start agencies in accordance with paragraph 7#c74 7#c7 ,head ,start expansion in nonparticipating ,states 7,a7 ,in general ,the ,secretary shall use funds appropriated under subsection 7c77#b7 or recouped under paragraph 7#b7 to make awards to ,head ,start agencies in a ,state described in paragraph 7#b77;,a7 to carry out the purposes of the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq47 in such ,state4 7,b7 ,rule ,for purposes of carrying out the ,head ,start ,act in circumstances not involving awards under this paragraph1 funds awarded under subparagraph 7,a7 shall not be included in the calculation of a base grant as such term is defined in section #fdj7;a77#g77;,a7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihce7;a77#g77;,a774 7,c7 ,definition ,in this paragraph1 the term ,head ,start agency means an entity designated or eligible to be designated as a ,head ,start agency under section #fda7;a77#a7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcf7;a77#a77 or as an ,early ,head ,start agency 7by receiving a grant7 under section #fde;,a7a7 of such ,act 7#db ,u4,s4,c4 #ihdj;a74 7#d7 ,priority for serving underserved populations ,in making determinations to award a grant or make an award under this subsection1 the ,secretary shall give priority to entities serving a high percentage of individuals from underserved populations identified under subsection 7f77#c77;,i74 7j7 ,program requirements 7#a7 ,nondiscrimination ,the following provisions of law shall apply to any program or activity that receives funds provided under this section3 7,a7 ,title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq474 7,b7 ,title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq474 7,c7 ,section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid74 7,d7 ,the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7#b7 ,prohibition on additional eligibility requirements ,no individual shall be determined1 by the ,secretary1 a ,state1 or another recipient of funds under this section1 to be ineligible for child care services provided under this section1 except on the basis of eligibility requirements specified in or under this section4 7#c7 ,maintenance of effort 7,a7 ,in general ,a ,state that receives payments under this section for a fiscal year1 in using the funds made available through the payments1 shall maintain the expenditures of the ,state for child care services at the average level of such expenditures by the ,state for the #c preceding fiscal years4 7,b7 ,counting rule ,state expenditures counted for purposes of meeting the requirement in subparagraph 7,a7 may also be counted for purposes of meeting the requirement to provide a non-,federal share under subparagraph 7,a71 7,b71 or 7,c71 as appropriate1 of subsection 7g77#a74 7#d7 ,supplement not supplant ,funds received under this section shall be used to supplement and not supplant other ,federal1 ,state1 and local public funds expended to provide child care services in the ,state on the date of enactment of this ,act1 calculated as the average amount of such ,federal1 ,state1 and local public funds expended for fiscal years #bjbc1 #bjbd1 and #bjbe4 7#e7 ,allowable sources of non-federal share ,for purposes of providing the non-,federal share required under subsection 7g77#a71 a ,state's non-,federal share-- 7,a7 for direct child care services described in subsection 7g77#a77;,a7-- 7i7 shall not include contributions being used as a non-,federal share or match for another ,federal award2 and 7ii7 shall be provided from ,state or local sources1 contributions from philanthropy or other private organizations1 or a combination of such sources and contributions2 and 7,b7 for activities to improve the quality and supply of child care services described in subsection 7g77#a77;,b71 and administration described in subsection 7g77#a77;,c7-- 7i7 shall not include contributions being used as a non-,federal share or match for another ,federal award2 7ii7 shall be provided from ,state or local sources1 contributions from philanthropy or other private organizations1 or a combination of such sources and contributions2 and 7iii7 may be in cash or in-kind1 fairly evaluated1 including facilities or property1 equipment1 or services4 7k7 ,monitoring and enforcement 7#a7 ,review of compliance with requirements and ,state plan ,the ,secretary shall review and monitor compliance of ,states1 territories1 ,tribal entities1 and local entities with this section and ,state compliance with the ,state plan described in subsection 7f77#c74 7#b7 ,issuance of rule ,the ,secretary shall establish by rule procedures for-- 7,a7 receiving1 processing1 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 section2 7,b7 notifying a ,state when the ,secretary has determined there has been a failure by the ,state to comply with a requirement of this section2 and 7,c7 imposing sanctions under this subsection for such a failure4 7l7 ,federal administration ,using funds appropriated under subsection 7c77#c71 the ,secretary shall carry out administration of this section1 shall provide 7including through the use of grants or cooperative agreements7 technical assistance to ,states1 territories1 ,indian ,tribes1 and ,tribal organizations1 and shall carry out research and evaluations related to this section4 7m7 ,nonpostsecondary education program ,for purposes of section #dja of the ,act entitled ,an ,act to provide for reconciliation pursuant to section #bja7;a77#a7 of the concurrent resolution on the budget for fiscal year #aiig1 approved ,august #bb1 #aiif1 the program carried out under this section shall be considered to be a program of nonpostsecondary education4 7n7 ,reports 7#a7 ,collection of ,information by ,states 7,a7 ,in general ,a ,state that receives funds to carry out this section shall collect the information described in subparagraph 7,b7 on a monthly basis4 7,b7 ,required information ,the information required to be collected under this subparagraph shall consist of1 with respect to a family receiving assistance under this section1 information concerning-- 7i7 family income2 7ii7 county 7or comparable local jurisdiction7 of residence2 7iii7 the gender1 race and ethnicity1 and age of each child receiving such assistance2 7iv7 whether the head of the family is a single parent2 7v7 the number of months the family has received such assistance2 7vi7 the provider type with which the child was enrolled2 7vii7 the amount of the copayment paid for child care provided under this section2 7viii7 the average hours per month of such care1 during the period for which such information is required to be submitted2 and 7ix7 whether the children receiving assistance under this section are either children with disabilities or infants and toddlers with disabilities4 7,c7 ,submission to the ,secretary ,a ,state described in subparagraph 7,a7 shall1 on a quarterly basis1 submit the information required to be collected under subparagraph 7,b7 to the ,secretary4 7,d7 ,use of samples 7i7 ,authority ,a ,state may comply with the requirement to collect the information described in subparagraph 7,b7 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 ,secretary4 7ii7 ,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 7,b74 ,the ,secretary may develop and implement procedures for verifying the quality of the data submitted by the ,states4 7,e7 ,prohibition ,reports submitted to the ,secretary under subparagraph 7,c7 shall not contain personally identifiable information4 7#b7 ,annual reports ,not later than #a year after the date of enactment of the ,child ,care for ,working ,families ,act1 and annually thereafter1 a ,state shall prepare and submit to the ,secretary a report containing such information as the ,secretary may require1 that includes at a minimum1 the description and analysis described in paragraph 7#c7 and aggregate data concerning-- 7,a7 the number of child care providers that received funding under this section and licensed capacity of such providers1 and such data disaggregated by provider type1 by the quality rating on the ,state's tiered system for recognizing and supporting the quality of child care services described in subsection 7f77#c77;,b7 7referred to in this subsection as the quality rating7 of such providers1 and by the geographic area of such providers2 7,b7 7i7 the total number of children1 and families with children1 receiving child care services funded under this section2 7ii7 the percentage of children1 and families with children1 receiving child care services funded under this section1 among all children less than #f years of age1 and all families with such children1 respectively1 in all ,states2 and 7iii7 the data described in clause 7i71 and the data described in clause 7ii71 disaggregated for children1 and families with children1 by-- 7,i7 race and ethnicity of the child involved2 7,,ii7 family income of the child's family2 7,,iii7 age of the child2 7,,iv7 the child's status as an infant or toddler with a disability or a child with a disability2 7,v7 the child's status as a child experiencing homelessness2 7,,vi7 the child's status as a child in foster care2 and 7,,vii7 the child's status 7to the extent the status is known7 as a dual language learner2 7,c7 the monthly child care subsidy payment rate paid to eligible child care providers for child care services funded under this section1 as determined by the ,state's cost estimation model or cost study described in subsection 7f77#c77;,a77i71 including any variation in the rate by geographic area1 provider type1 age of child1 and costs associated with providing inclusive care2 7,d7 the amount of the copayment paid by families for such child care services1 and such data disaggregated by family income2 7,e7 the number and percentage of payments made by the ,state for such services to eligible child care providers through certificates1 grants1 and contracts1 and such data disaggregated by provider type2 7,f7 the manner in which consumer education information was provided to parents and the number of parents to whom such information was provided under this section2 7,g7 the number of child fatalities occurring among children while in the care or facility of child care providers funded under this section1 and such data disaggregated by provider type2 7,h7 the geographic area of child care providers funded under this section2 7,i7 the quality features of child care services provided by providers funded under this section1 compared to the quality features of child care services provided by other child care providers1 to the extent possible1 including data on quality features such as-- 7i7 amount of staff wages and other compensation 7including benefits72 7ii7 length of staff retention2 7iii7 presence of coaching and professional development activities2 7iv7 number of providers remaining open through the year covered2 7v7 measured parent satisfaction2 and 7vi7 presence of provision of information in languages other than ,english2 7,j7 the quality features of child care services received by children and funded under this section1 and such data disaggregated by the children's-- 7i7 race and ethnicity2 7ii7 family income2 7iii7 age2 7iv7 status as an infant or toddler with a disability or a child with a disability2 7v7 status as a child experiencing homelessness2 7vi7 status as a child in foster care2 and 7vii7 status 7to the extent the status is known7 as a dual language learner2 7,k7 the number of child care providers1 listed by provider type1 geographic area1 and provider quality rating1 that received-- 7i7 a startup or supply expansion grant under subsection 7h77#c77;,b77i72 7ii7 a quality grant under subsection 7h77#c77;,b77ii72 or 7iii7 a facilities grant under subsection 7h77#c77;,b77iii72 and 7,l7 the average wages 7including salaries7 or other compensation for staff of eligible child care providers funded under this section1 and such data disaggregated by provider type1 job position type1 and to the extent possible1 staff race and ethnicity4 7#c7 ,description and analysis ,the ,state shall include in each report described in paragraph 7#b7-- 7,a7 a description of whether there are inequities in how child care providers with quality features described in paragraph 7#b77;,i7 are distributed among children served under this section2 and 7,b7 an analysis of the ,state's child care supply1 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 year1 and trends in such addition or loss by provider type and quality rating of child care provider4 7#d7 ,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 child4 7o7 ,reports to ,congress ,the ,secretary shall-- 7#a7 submit an annual report to the ,committee on ,health1 ,education1 ,labor1 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 ,representatives1 summarizing the findings from the reports received under subsection 7n77#b72 and 7#b7 make such report publicly available on the website of the ,department of ,health and ,human ,services4 7p7 ,transition provisions 7#a7 ,treatment of child care and development block grant funds ,for each of fiscal years #bjbf through #bjca1 a ,state receiving assistance under this section shall not use more than #ae percent of any funds received under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq47 to provide assistance for direct child care services to children who are under the age of #f1 are not yet in kindergarten1 and are eligible under that ,act4 7#b7 ,special rules regarding eligibility ,any child who is less than #f years of age1 is not yet in kindergarten1 and is receiving assistance under the ,child ,care and ,development ,block ,grant ,act of #aiij on the date funding is first allocated to the lead agency for the ,state1 territory1 ,indian ,tribe1 or ,tribal organization involved under this section-- 7,a7 shall be deemed immediately eligible to receive assistance under this section2 and 7,b7 may continue to use the child care provider of the family's choice4 7#c7 ,transition procedures ,the ,secretary is authorized to institute procedures for implementing this section1 including issuing guidance for ,states receiving funds under subsection 7g74 ,,ii ,building an ,affordable ,system for ,early ,education ,grants #bja4 ,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-- 7#a7 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 expenses2 7#b7 supporting sustained and increased wages for early childhood educators or other staff of eligible child care providers1 in order to stabilize and grow the child care workforce2 7#c7 expanding the supply and capacity of eligible child care providers to ensure working families have a range of high-quality1 affordable child care options1 in a variety of settings1 that meet their unique needs2 and 7#d7 supporting access to child care services for communities facing a particular shortage of child care options1 including child care services for infants and toddlers1 child care services during nontraditional or extended hours1 and inclusive child care services for children with disabilities4 #bjb4 ,definitions ,in this title3 7#a7 ,,ccdbg terms ,the terms child care certificate1 child with a disability1 family child care provider1 lead agency1 ,secretary1 and ,state have the meanings given the terms in section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn74 ,the terms ,indian ,tribe and ,tribal organization have the meanings given the terms ,indian tribe and tribal organization in section #feh,p of that ,act4 7#b7 ,eligible child care provider ,the term eligible child care provider means-- 7,a7 an eligible child care provider as defined in section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij2 and 7,b7 an eligible child care provider as defined in title ,i4 7#c7 ,infant or toddler ,the term infant or toddler means an individual who is less than #c years of age4 7#d7 ,infant or toddler with a disability ,the term infant or toddler with a disability has the meaning given the term in section #aja7;b74 7#e7 ,provider type ,the term provider type means a type that is-- 7,a7 a center-based child care provider2 7,b7 a family child care provider2 or 7,c7 another non-center-based child care provider4 #bjc4 ,secretarial reservation ,from the funds appropriated to carry out this title1 the ,secretary shall reserve not more than #c percent for the ,federal administration of grants described in section #bjd1 which may include providing technical assistance to the lead agencies4 #bjd4 ,grants 7a7 ,in general ,from the amounts appropriated to carry out this title that remain after the ,secretary makes the reservation required under section #bjc1 and under the authority of section #feh,o of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehm7 and this section1 the ,secretary shall award to each lead agency a ,,base ,grant1 without regard to the requirements in subparagraphs 7,c7 and 7,e7 of section #feh;,e7c77#c71 and in section #feh;,g1 of that ,act 7#db ,u4,s4,c4 #iheh;c7c77#c71 #iheh;e74 ,such grant shall be made from an amount allotted in accordance with section #feh,o of that ,act 7#db ,u4,s4,c4 #ihehm71 excluding paragraphs 7#c7 through 7#e7 of subsection 7a7 of that section4 7b7 ,payments for ,indian children ,in accordance with section #feh,o of that ,act1 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 title4 #bje4 ,state application ,to be eligible to receive a grant under section #bjd1 a lead agency shall submit an application to the ,secretary at such time1 in such manner1 and including such information as the ,secretary may reasonably require1 including-- 7#a7 a description of the process the lead agency will establish to award subgrant funds to eligible child care providers under this title2 7#b7 a description of how the lead agency will1 in determining the subgrant amount for an eligible child care provider under this title-- 7,a7 ensure such subgrant is sufficient to support the ongoing operations and long-term sustainability of the eligible child care provider2 7,b7 account for the cost of providing high-quality child care services1 including-- 7i7 variations in the cost of child care services related to geographic area1 provider type1 size of provider1 and age of child served2 7ii7 costs associated with providing care during nontraditional or extended hours2 7iii7 costs associated with serving children with disabilities1 including infants and toddlers with disabilities2 and 7iv7 costs associated with meeting group sizes and ratios necessary to support high-quality and inclusive child care services1 including for infants and toddlers2 7,c7 account for the cost of attracting1 training1 and retaining a qualified and skilled workforce1 which shall include at a minimum1 supporting increased wages for all staff of the provider1 as described in section #bji7e72 and 7,d7 if the lead agency uses a formula for awarding such a subgrant that is based on general cost estimates1 base such estimates on the provider's enrollment capacity rather than attendance2 7#c7 a description of how the lead agency will work with the eligible child care providers to improve the quality of child care services1 which may include improving the ,state's tiered system for recognizing and supporting the quality of child care services described in section #aja7;f77#c77;,b72 and 7#d7 a description of how the lead agency will use funds reserved under section #bjg7;a77#a7 to conduct widespread outreach and provide technical assistance to eligible child care providers 7including family child care providers1 providers with limited administrative capacity1 and providers whose primary language is not ,english71 either directly or through child care resource and referral organizations1 staffed family child care networks1 or local governments1 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 subgrants4 #bjf4 ,administration ,activities funded under a grant made for a ,state under section #bjd may be administered-- 7#a7 directly by the ,state's lead agency2 or 7#b7 under a grant or contract to provide such administration1 through another ,state government agency1 a local or regional child care resource and referral organization1 a community development financial institution1 another nonprofit intermediary with experience supporting child care providers1 or another appropriate entity4 #bjg4 ,state activities and subgrants 7a7 ,in general ,a lead agency for a ,state that receives a ,,base ,grant pursuant to section #bjd shall-- 7#a7 reserve not more than #aj percent of the grant funds to administer subgrants1 provide technical assistance and support to enable all provider types to apply for1 access1 and manage the resources provided through such subgrants and other sources of public financial assistance available for the objectives of this title1 publicize the availability of the subgrants1 and carry out activities to increase the supply of child care services1 under this title2 and 7#b7 with the remaining grant funds1 make subgrants to eligible child care providers to carry out the activities described in section #baj4 7b7 ,subgrant period ,the lead agency shall make the subgrants for a period of #e years4 7c7 ,payment practices ,the lead agency shall make the subgrant payments in advance1 with necessary adjustments on account of overpayments or underpayments4 #bjh4 ,priority for subgrants 7a7 ,in general ,in making subgrants under this title1 the lead agency shall give priority to eligible child care providers that-- 7#a7 provide child care services during nontraditional or extended hours2 7#b7 provide child care services to infants and toddlers2 7#c7 provide child care services to dual language learners1 children with disabilities1 children experiencing homelessness1 children in foster care1 or children from low-income families2 7#d7 provide child care services to children whose families received subsidies under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq47 or under title ,i1 as applicable1 for the child care services2 7#e7 operate in communities1 including communities with a high proportion of children in households with incomes below the poverty line and rural communities1 with a low supply of child care services2 or 7#f7 are small business concerns1 as defined in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb71 or nonprofit organizations that are described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code4 7b7 ,definition ,in this section1 the term poverty line means the poverty line defined and revised as described in section #fgc of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb74 #bji4 ,eligible child care provider application ,to be qualified to receive a subgrant under this title1 an eligible child care provider shall submit to the corresponding lead agency1 at such time and in such manner as the lead agency may reasonably require1 an application containing each of the following3 7#a7 ,a description of how the eligible child care provider meets the priority requirements in section #bjh1 if applicable4 7#b7 ,an assurance that the eligible child care provider accepts child care subsidies in the form of certificates1 grants1 or contracts as authorized under the ,child ,care ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq471 or child care subsidies in the form of certificates1 grants1 or contracts under title ,i1 as an acceptable form of payment1 regardless of whether children who are the beneficiaries of the child care subsidies are actually enrolled4 7#c7 ,an assurance that the eligible child care provider1 for the duration of the period of the grant under section #bjd1 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 issue1 widespread illness or a staff shortage1 a routine closure or break due to a holiday or scheduled staff professional development session1 or a state of emergency1 major disaster1 or emergency within the meaning of section #feh;,e7c77#b77,u7 of the ,child ,care ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;c7c77#b77,u774 7#d7 ,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 operations1 such as through participation in a ,state's tiered system for recognizing and supporting the quality of child care services4 7#e7 ,a description of how the eligible child care provider will pay staff increased compensation over the course of the grant period including1 at a minimum1 providing-- 7,a7 annual cost-of-living adjustments2 and 7,b7 graduated pay increases based on a staff member's credentials1 experience1 and job responsibilities1 including1 for a provider with #ae or more staff1 a wage ladder based on the credentials1 experience1 and responsibilities4 #baj4 ,use of funds 7a7 ,in general ,an eligible child care provider that receives a subgrant under this title-- 7#a7 shall use at least #gj percent of subgrant funds for child care personnel costs1 including-- 7,a7 wages 7including salaries71 or similar compensation for a person who is a staff member or any sole proprietor or independent contractor1 aligned with wage standards2 and 7,b7 7i7 annual cost-of-living adjustments for staff2 and 7ii7 graduated pay increases based on a staff member's credentials1 experience1 and job responsibilities1 including1 for a provider with #ae or more staff1 a wage ladder based on the credentials1 experience1 and responsibilities2 and 7#b7 may use the subgrant funds for costs of activities related to the provider's program1 consisting of-- 7,a7 professional development and instructional coaching for staff involved in the direct education and care of children1 and providing support for planning and instruction2 7,b7 providing recruitment and retention bonuses for staff2 7,c7 providing staff benefits1 such as health insurance1 paid leave 7including parental1 family1 medical1 sick1 and bereavement leave1 and including personal leave or vacation71 and funds for retirement accounts2 7,d7 hiring staff1 including conducting background checks1 and including hiring staff to reduce staff-to-child ratios or substitute staff to support use of paid leave2 7,e7 paying for occupancy1 including making payments for-- 7i7 rent 7including rent under a lease71 or on any mortgage obligation2 and 7ii7 insurance1 utilities1 and maintenance2 7,f7 obtaining equipment1 repairs1 supplies1 services1 and training necessary to ensure compliance with applicable health1 safety1 educational1 and quality requirements and to support high-quality1 developmentally appropriate child care services1 and achieving licensure as a child care provider2 7,g7 providing comprehensive services to support the health1 including mental health1 and well-being1 of children and families from underserved populations1 as described in section #aja7;f77#c77;,i72 7,h7 improving the quality of child care services in a way that is appropriate for child development by provider type involved1 and for the age group of the children served2 and 7,i7 providing inclusive and developmentally appropriate care for children with disabilities1 including implementing reasonable accommodations1 making space more accessible1 and providing additional staffing and coordinating early intervention services provided through the provider's program with early intervention services provided through other early childhood programs4 7b7 ,special rule for ,states participating in title ,i program ,notwithstanding subsection 7a7 and subject to the approval of the ,secretary1 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 #bjd1 if such funds support-- 7#a7 the provision of high-quality1 affordable child care services1 in accordance with title ,i2 7#b7 compensation for early childhood educators and staff of child care programs1 of eligible child care providers1 that meet the requirements of title ,i2 or 7#c7 initiatives to expand the supply of eligible child care providers or improve the quality of child care services provided by eligible child care providers4 7c7 ,rule ,for purposes of subsection 7a71 the terms staff and staff member include a person described in subsection 7a77#a77;,a74 #baa4 ,reporting 7a7 ,lead agency reports ,not later than #a year after a lead agency has received a grant under section #bjd and annually thereafter1 the lead agency shall submit to the ,secretary1 in such manner and containing such information as the ,secretary may require1 a report that includes1 at a minimum-- 7#a7 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 ,state1 disaggregated by provider type1 race and ethnicity of provider1 and geographic area2 7#b7 the total number of eligible child care providers that received such a subgrant 7referred to in this section as a subgrant recipient7 relative to the total number of eligible child care providers in the ,state1 disaggregated by provider type1 race and ethnicity of provider1 and geographic area2 7#c7 information stating the lead agency's methodology for determining the amounts of subgrants under section #bjg7;a77#b72 7#d7 the average and range of the subgrant amounts made available by the lead agency1 disaggregated by provider type1 race and ethnicity of provider1 and geographic area2 7#e7 the percentages1 of the subgrant recipients1 that-- 7,a7 provided child care services during nontraditional or extended hours2 7,b7 served dual language learners1 children with disabilities1 children experiencing homelessness1 children in foster care1 children from low-income families1 or infants and toddlers2 7,c7 served children whose families received subsidies under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq47 or under title ,i1 as applicable1 for the child care services2 7,d7 operated in communities described in section #bjh7;a77#e72 and 7,e7 are concerns or organizations described in section #bjh7;a77#f72 7#f7 the enrollment capacity of and average monthly attendance of children 7by age7 served by the subgrant recipients2 7#g7 the average family tuition for a subgrant recipient1 disaggregated by-- 7,a7 age of the child served2 and 7,b7 provider type2 7#h7 the average wages 7including salaries71 or similar compensation specified in section #baj7;a77#a77;,a7 of staff of a subgrant recipient1 disaggregated by provider type2 7#i7 the percentages of subgrant recipients1 for each of the provider types2 7#aj7 the percentage of subgrant recipients that have staff members that are represented by labor organizations2 7#aa7 information about how the subgrant recipients used the funds received under such a subgrant1 including how funds were used for child care personnel costs2 7#ab7 information about how the lead agency used funds reserved under section #bjg7;a77#a72 7#ac7 a description of how the lead agency publicized the availability of the subgrants1 including through making applications and materials available in multiple languages1 and provided technical assistance and support to ensure all provider types were able to apply for and access the subgrants2 and 7#ad7 7,a7 information about subgrant recipients that have corporate or other business relationships across multiple locations and serve more than #e1jjj children in the year covered by the report2 and 7,b7 the percentage of all children served by subgrant recipients that are subgrant recipients described in subparagraph 7,a74 7b7 ,reports to ,congress ,the ,secretary shall-- 7#a7 submit an annual report to the ,committee on ,health1 ,education1 ,labor1 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 ,representatives1 summarizing the findings from the reports received under subsection 7a72 and 7#b7 make such report publicly available on the website of the ,department of ,health and ,human ,services4 #bab4 ,supplement not supplant ,amounts made available to carry out this title shall be used to supplement and not supplant other ,federal1 ,state1 and local public funds expended to provide child care services for eligible individuals4 #bac4 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,health and ,human ,services1 out of any money in the ,treasury not otherwise appropriated to carry out this title1 #i1jjj1jjj1jjj for each of fiscal years #bjbf through #bjca4 ,,iii ,universal ,preschool #cja4 ,definitions ,in this section3 7#a7 ,child experiencing homelessness ,the term child experiencing homelessness means an individual who is a homeless child or youth under section #gbe of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a74 7#b7 ,child with a disability ,the term child with a disability has the meaning given the term in section #fjb of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja74 7#c7 ,comprehensive services ,the term comprehensive services means services that are provided to children and their families1 and that are health1 educational1 nutritional1 social1 and other services that are determined1 based on family needs assessments1 to be necessary1 within the meaning of section #fcf of the ,head ,start ,act 7#db ,u4,s4,c4 #ihca74 7#d7 ,dual language learner ,the term dual language learner means a child who is learning #b or more languages at the same time1 or a child who is learning a second language while continuing to develop the child's first language4 7#e7 ,eligible child ,the term eligible child means a child who is age #c or #d1 on the date established by the applicable local educational agency for kindergarten entry4 7#f7 ,eligible provider ,the term eligible provider means-- 7,a7 a local educational agency1 acting alone or in a consortium or in collaboration with an educational service agency 7as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja771 that is licensed by the ,state or meets comparable health and safety standards2 7,b7 a ,head ,start agency or delegate agency funded under the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq472 7,c7 a licensed center-based child care provider1 licensed family child care provider1 or network of licensed family child care providers2 or 7,d7 a consortium of entities described in any of subparagraphs 7,a71 7,b71 and 7,c74 7#g7 ,head ,start agency ,the term ,head ,start agency1 as used in paragraph 7#f77;,b71 or section #cjc7;e77#d7 or #cjf7;a71 means an entity designated as a ,head ,start agency under section #fda7;a77#a7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcf7;a77#a77 or as an ,early ,head ,start agency 7by receiving a grant7 under section #fde;,a7a7 of such ,act 7#db ,u4,s4,c4 #ihdj;a7a774 7#h7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#i7 ,local educational agency ,the term local educational agency has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#aj7 ,poverty line ,the term poverty line means the poverty line defined and revised as described in section #fgc of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb74 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#ab7 ,state ,the term ,state means each of the several ,states and the ,district of ,columbia4 7#ac7 ,territory ,the term territory means each of the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 7#ad7 ,tribal organization ,the term ,tribal organization has the meaning given the term tribal organization in section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn74 #cjb4 ,universal preschool 7a7 ,appropriations for ,states ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,health and ,human ,services1 out of any money in the ,treasury not otherwise appropriated1 such sums as may be necessary for each of fiscal years #bjbf through #bjca1 for payments to ,states1 for carrying out this title 7except provisions and activities covered by subsection 7b774 7b7 ,additional appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,department of ,health and ,human ,services for fiscal year #bjbf1 out of any money in the ,treasury not otherwise appropriated-- 7#a7 #b1ejj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for carrying out payments to ,indian ,tribes and ,tribal organizations for activities described in this title2 7#b7 #a1bej1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for carrying out payments to the territories1 to be distributed among the territories on the basis of their relative need1 as determined by the ,secretary in accordance with the objectives of this title1 for activities described in this title2 7#c7 #cjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for carrying out payments to eligible local entities that serve children in families who are engaged in migrant or seasonal agricultural labor1 for activities described in this title2 7#d7 #iie1jjj1jjj1 to remain available until ,september #cj1 #bjca1 for carrying out ,federal activities to support the activities funded under this title1 including administration1 monitoring1 technical assistance1 and research1 in fiscal years #bjbf through #bjca2 and 7#e7 #bj1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjca1 to carry out the program of grants to localities described in subsections 7b7 and 7c7 of section #cjf4 #cjc4 ,payments for ,state universal preschool services 7a7 ,in general ,a ,state that has submitted1 and had approved by the ,secretary in collaboration with the ,secretary of ,education1 the ,state plan described in subsection 7e7 is entitled to a payment under this section4 7b7 ,payments for fiscal years #bjbf through #bjca 7#a7 ,preschool services ,for each of fiscal years #bjbf through #bjca1 the ,secretary shall pay to each ,state with an approved ,state plan under subsection 7e71 an amount for that year equal to-- 7,a7 #ij percent of the ,state's expenditures in the year for preschool services provided under section #cjd1 for fiscal year #bjbf2 7,b7 #ij percent of the ,state's expenditures in the year for such preschool services1 for fiscal year #bjbg2 7,c7 #hj percent of the ,state's expenditures in the year for such preschool services1 for fiscal year #bjbh2 7,d7 #ge percent of the ,state's expenditures in the year for such preschool services1 for fiscal year #bjbi2 7,e7 #fe percent of the ,state's expenditures in the year for such preschool services1 for fiscal year #bjcj2 and 7,f7 #fj percent of the ,state's expenditures in the year for such preschool services1 for fiscal year #bjca4 7#b7 ,state activities ,the ,secretary shall pay to each ,state with an approved ,state plan under subsection 7e7 an amount for a fiscal year equal to #ej percent of the amount of the ,state's expenditures for the activities described in subsection 7c71 and system-wide activities similar to those described in subsection 7c7 for the ,state's entire birth through #e year old early childhood system1 except that in no case shall a payment for a fiscal year under this paragraph exceed the amount equal to #aj percent of the ,state's expenditures described in paragraph 7#a7 for such fiscal year4 7#c7 ,non-,federal share ,the remainder of the cost paid by the ,state for preschool services1 that is not provided under paragraph 7#a71 shall be considered the non-,federal share of the cost of those services4 ,the remainder of the cost paid by the ,state for ,state activities1 that is not provided under paragraph 7#b71 shall be considered the non-,federal share of the cost of those activities4 7#d7 ,advance payment2 retrospective adjustment ,the ,secretary shall make a payment under paragraph 7#a7 or 7#b7 for a year on the basis of advance estimates of expenditures submitted by the ,state and such other investigation as the ,secretary may find necessary1 and shall reduce or increase the payment as necessary to adjust for any overpayment or underpayment for a previous year4 7c7 ,state activities ,a ,state that receives a payment under subsection 7b7 shall carry out all of the following activities3 7#a7 ,state administration of the ,state preschool program described in this section4 7#b7 ,supporting a continuous quality improvement system for providers of preschool services participating1 or seeking to participate1 in the ,state preschool program1 through the use of data1 research1 monitoring1 training1 technical assistance1 professional development1 and coaching4 7#c7 ,providing outreach and enrollment support for families of eligible children4 7#d7 ,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 preschools1 elementary schools1 and secondary schools4 7#e7 ,supporting staff of eligible providers through professional development and coaching1 and supporting staff in pursuing credentials and degrees1 including baccalaureate degrees4 7#f7 ,supporting activities that ensure access to inclusive preschool programs for children with disabilities4 7#g7 ,providing age-appropriate transportation services for children1 which at a minimum shall include transportation services for children experiencing homelessness and children in foster care4 7#h7 ,conducting or updating a statewide needs assessment of access to high-quality preschool services4 7d7 ,lead agency ,the ,governor of a ,state desiring for the ,state to receive a payment under this section shall designate a lead agency 7such as a ,state agency or joint interagency office7 for the administration of the ,state's preschool program under this section4 7e7 ,state plan ,in order to be eligible for payments under this section1 the ,governor of a ,state shall submit a ,state plan to the ,secretary for approval by the ,secretary1 in collaboration with the ,secretary of ,education1 at such time1 in such manner1 and containing such information as the ,secretary shall by rule require1 that includes a plan for achieving universal1 high-quality1 free1 inclusive1 and mixed-delivery preschool services4 ,such plan shall include1 at a minimum1 each of the following3 7#a7 ,a certification that-- 7,a7 the ,state has in place1 or will have in place no later than #a year after the ,state first receives funding under this section1 developmentally appropriate1 evidence-based preschool education standards that1 at a minimum1 are as rigorous as the standards specified in subparagraph 7,b7 of section #fda;,a7a77#a7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcf;a7a77#a77 and include program standards for class sizes and ratios2 and 7,b7 the ,state will coordinate such standards with other early learning standards in the ,state4 7#b7 ,an assurance that the ,state will ensure-- 7,a7 all preschool services in the ,state funded under this section will-- 7i7 be universally available to all children in the ,state without any additional eligibility requirements2 and 7ii7 be high-quality1 free1 and inclusive2 and 7,b7 that the local preschool programs in the ,state funded under this section will-- 7i7 by not later than #ah months after the program receives such funding1 meet the ,state's preschool education standards described in paragraph 7#a72 7ii7 offer programming that meets the duration requirements of at least #a1jbj annual hours2 7iii7 adopt policies and practices to conduct outreach and provide expedited enrollment1 including prioritization1 to-- 7,i7 children experiencing homelessness 7which1 in the case of a child attending a program provided by an eligible provider described in section #cja7f77;,a71 shall include immediate enrollment for the child72 7,,ii7 children in foster care or kinship care2 7,,iii7 children in families who are engaged in migrant or seasonal agricultural labor2 7,,iv7 children with disabilities1 including eligible children who are served under part ,c of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adca et seq472 and 7,v7 dual language learners2 7iv7 provide for salaries1 and set schedules for salaries1 for staff of providers in the ,state preschool program1 including staff serving infants and toddlers employed by the same provider1 that are equivalent to salaries of elementary school staff with similar credentials and experience2 7v7 at a minimum1 provide a living wage for all staff of such providers2 and 7vi7 require educational qualifications for teachers in the preschool program including1 at a minimum1 requiring that lead teachers in the preschool program have a baccalaureate degree in early childhood education or a related field by not later than #f years after the date on which the ,state first receives funds under this section1 except that-- 7,i7 subject to subclause 7,,ii71 the requirements under this clause shall not apply to individuals who were employed by an eligible provider or early education program for a cumulative #c of the #e years immediately preceding the date of enactment of this ,act and have the necessary content knowledge and teaching skills for early childhood educators1 as demonstrated through measures determined by the ,state2 and 7,,ii7 nothing in this section shall require the ,state to lessen ,state requirements for educational qualifications1 in existence on the date of enactment of this ,act1 to serve as a teacher in a ,state preschool program4 7#c7 ,for ,states with existing publicly funded ,state preschool programs 7as of the date of submission of the ,state plan71 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 program4 7#d7 ,a description of how the ,state1 in establishing and operating the ,state preschool program supported under this section1 will-- 7,a7 support a mixed-delivery system for any new slots funded under this section1 including by facilitating the participation of ,head ,start programs and programs offered by licensed child care providers2 7,b7 ensure the ,state preschool program does not disrupt the stability of infant and toddler child care throughout the ,state2 7,c7 ensure adequate consultation with the ,state ,advisory ,council on ,early ,childhood ,education and ,care designated or established in section #fdb;,b7b77#a77;,a77i7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcg;b7b77#a77;,a77i77 in the development of its plan1 including consultation in how the ,state intends to distribute slots under subparagraph 7,e72 7,d7 partner with ,head ,start agencies to ensure the full utilization of ,head ,start programs within the ,state2 and 7,e7 distribute new preschool slots and resources equitably among child care 7including family child care7 providers1 ,head ,start agencies1 and schools within the ,state4 7#e7 ,a certification that the ,state1 in operating the program described in this section for a fiscal year-- 7,a7 will not reduce the total preschool slots provided in ,state-funded preschool programs from the number of such slots in the previous fiscal year2 or 7,b7 if the number of eligible children identified in the ,state declines from the previous fiscal year1 will maintain at least the previous year's ratio of the total preschool slots described in subparagraph 7,a7 to eligible children so identified4 7#f7 ,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 7#bj ,u4,s4,c4 #adjj et seq471 and a description of how the ,state will collaborate with entities carrying out programs under section #fai or part ,c of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adai1 #adca et seq471 to support inclusive preschool programs4 7#g7 ,an assurance that the ,state will provide assistance under this section only to eligible providers that prohibit the use of suspension1 expulsion1 and aversive behavioral interventions in the ,state preschool program described in this section4 7#h7 ,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 #aiij 7#db ,u4,s4,c4 #iheg et seq471 section #fai and part ,c of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adai1 #adca et seq471 the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq471 the ,preschool ,development ,grants program under section #ibab of the ,every ,student ,succeeds ,act 7,public ,law #aad-ie71 the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq471 the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacja et seq471 and the maternal1 infant1 and early childhood home visiting programs under section #eaa of the ,social ,security ,act 7#db ,u4,s4,c4 #gaa74 7#i7 ,a certification that the ,state will support the continuous quality improvement of programs providing preschool services under this title1 including support through technical assistance1 monitoring1 and research4 7#aj7 ,a certification that the ,state will ensure a highly qualified early childhood workforce to support the requirements of this title4 7#aa7 ,an assurance that the ,state will meet the requirements of clauses 7ii7 and 7iii7 of section #feh;,e7c77#b77,t7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;c7c77#b77,t771 with respect to funding and assessments under this title4 7#ab7 ,a certification that subgrant and contract amounts provided as described in section #cjd will be sufficient to enable eligible providers to meet the requirements of this title1 and will provide for increased payment amounts based on the criteria described in clauses 7iv7 and 7v7 of paragraph 7#b77;,b74 7#ac7 ,an agreement to provide to the ,secretary such periodic reports1 providing a detailed accounting of the uses of funding received under this section1 as the ,secretary may require for the administration of this section4 7f7 ,duration of the plan ,each ,state plan shall remain in effect for a period of not more than #c years4 ,amendments to the ,state plan shall remain in effect for the duration of the plan4 #cjd4 ,subgrants and contracts for local preschool programs 7a7 ,subgrants and contracts 7#a7 ,in general ,a ,state that receives a payment under section #cjc7;b7 for a fiscal year shall use amounts provided through the payment to pay the costs of subgrants to1 or contracts with1 eligible providers to operate universal1 high-quality1 free1 and inclusive preschool programs 7which ,state-funded programs may be referred to in this section as local preschool programs7 through the ,state preschool program in accordance with subsection 7c74 ,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 #cjc7;b77#d74 7#b7 ,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 #cjc7;e77#b71 which amount shall reflect variations in the cost of preschool services by geographic area1 type of provider1 and age of child1 and the additional costs associated with providing inclusive preschool services for children with disabilities4 7#c7 ,duration ,the ,state shall award a subgrant or contract under this section for a period of not less than #c years1 unless the subgrant or contract is terminated or suspended1 or the subgrant period is reduced1 for cause4 7b7 ,enhanced payments for comprehensive services ,in awarding subgrants or contracts under this subsection and in addition to meeting the requirements of subsection 7a77#b71 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 services4 7c7 ,establishing and expanding universal preschool programs 7#a7 ,establishing and expanding universal preschool programs in high-need communities ,in awarding subgrants or contracts under this section1 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 across1 or with capacity to operate within and across1 such high-need communities4 ,the ,state shall-- 7,a7 use a research-based methodology approved by the ,secretary to identify such high-need communities1 as determined by-- 7i7 the rate of poverty in the community2 7ii7 rates of access to high-quality preschool within the community2 and 7iii7 other indicators of community need as required by the ,secretary2 and 7,b7 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 need4 7#b7 ,use of funds ,subgrants or contracts awarded under paragraph 7#a7 shall be used to enroll and serve children in such a local preschool program involved1 including by paying the costs-- 7,a7 of personnel 7including classroom and administrative personnel71 including compensation 7including benefits72 7,b7 associated with implementing the ,state's preschool standards1 providing curriculum supports1 and meeting early learning and development standards2 7,c7 of professional development1 teacher supports1 and training2 7,d7 of implementing and meeting developmentally appropriate health and safety standards 7including licensure1 where applicable71 teacher to child ratios1 and group size maximums2 7,e7 of materials1 equipment1 and supplies2 and 7,f7 of rent or a mortgage1 utilities1 building security1 indoor and outdoor maintenance1 and insurance4 7d7 ,establishing and expanding universal preschool programs in additional communities ,once a ,state that receives a payment under section #cjc7;b7 meets the requirements of subsection 7c7 with respect to establishing and expanding local preschool programs within and across high-need communities1 the ,state shall use funds from such payment to enroll and serve children in local preschool programs1 as described in such subsection1 in additional communities in accordance with the metrics described in subsection 7c77#a77;,a74 ,such funds shall be used for the activities described in subparagraphs 7,a7 through 7,f7 of subsection 7c77#b74 #cje4 ,payments for universal preschool services to ,indian ,tribes and territories 7a7 ,indian tribes and tribal organizations 7#a7 ,in general ,for each of fiscal years #bjbf through #bjca1 from the amount appropriated for ,indian ,tribes and ,tribal organizations under section #cjb7;b77#a71 the ,secretary shall make payments to ,indian ,tribes and ,tribal organizations with an application approved under paragraph 7#b71 and the ,tribes and ,tribal organizations shall be entitled to such payments for the purpose of carrying out the preschool program described in this title1 consistent1 to the extent practicable as determined by the ,secretary1 with the requirements applicable to ,states4 7#b7 ,applications ,an ,indian ,tribe or ,tribal organization seeking a payment under this subsection shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may specify4 7b7 ,territories 7#a7 ,in general ,for each of fiscal years #bjbf through #bjca1 from the amount appropriated for territories under section #cjb7;b77#b71 the ,secretary shall make payments to the territories with an application approved under paragraph 7#b71 and the territories shall be entitled to such payments1 for the purpose of carrying out the preschool program described in this title1 consistent1 to the extent practicable as determined by the ,secretary1 with the requirements applicable to ,states4 7#b7 ,applications ,a territory seeking a payment under this subsection shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may specify4 7c7 ,lead agency ,the head of an ,indian ,tribe or territory desiring for the ,indian ,tribe or a related ,tribal organization1 or territory1 to receive a payment under this section shall designate a lead agency 7such as a tribal or territorial agency or joint interagency office7 for the administration of the preschool program of the ,indian ,tribe or territory1 under this section4 #cjf4 ,grants to localities and ,head ,start expansion in nonparticipating ,states 7a7 ,eligible locality defined ,in this section1 the term eligible locality means a city1 county1 or other unit of general local government1 a local educational agency1 or a ,head ,start agency4 7b7 ,grants to localities 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,education1 shall use funds reserved in section #cjb7;b77#e7 to award local universal preschool grants1 as determined by the ,secretary of ,health and ,human ,services1 to eligible localities located in ,states that have not received payments under section #cjc4 ,the ,secretary shall award the grants to eligible localities in a ,state from the allotment made for that ,state under paragraph 7#b74 ,the ,secretary shall specify the requirements for an eligible locality to conduct a preschool program under this section which shall1 to the greatest extent practicable1 be consistent with the requirements applicable to ,states under this title1 for a universal1 high-quality1 free1 and inclusive preschool program4 7#b7 ,allotments ,for each ,state described in paragraph 7#a71 the ,secretary shall allot for the ,state for a fiscal year an amount that bears the same relationship to the funds appropriated under section #cjb7;b77#e7 for the fiscal year as the number of children from families with family incomes at or below #bjj percent of the poverty line1 and who are under the age of #f1 in the ,state bears to the total number of all such children in all ,states described in paragraph 7#a74 7#c7 ,application ,to receive a grant from the corresponding ,state allotment under this section1 an eligible locality shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 ,the requirements for the application shall1 to the greatest extent practicable1 be consistent with the ,state plan requirements applicable to ,states under this title4 7c7 ,head ,start expansion in nonparticipating ,states 7#a7 ,in general ,the ,secretary shall use funds appropriated under section #cjb7;b77#e71 to make awards to ,head ,start agencies in a ,state described in subsection 7b77#a7 to carry out the purposes of the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq47 in such ,state4 7#b7 ,rule ,for purposes of carrying out the ,head ,start ,act in circumstances not involving awards under this subsection1 funds awarded under paragraph 7#a7 shall not be included in the calculation of a base grant as such term is defined in section #fdj7;a77#g77;,a7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihce7;a77#g77;,a774 7#c7 ,definition ,in this subsection1 the term ,head ,start agency means an entity designated or eligible to be designated as a ,head ,start agency under section #fda7;a77#a7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcf7;a77#a77 or as an ,early ,head ,start agency 7by receiving a grant7 under section #fde;,a7a7 of such ,act 7#db ,u4,s4,c4 #ihdj;a7a774 7d7 ,priority for serving underserved communities ,in making determinations to award a grant or make an award under this section1 the ,secretary shall give priority to entities serving communities with a high percentage of children from families with family incomes at or below #bjj percent of the poverty line4 #cjg4 ,allowable sources of non-,federal share ,for purposes of calculating the amount of the non-,federal share1 as determined under section #cjc7;b77#c71 relating to a payment under section #cjc7;b71 a ,state's non-,federal share-- 7#a7 may be in cash or in-kind1 fairly evaluated1 including facilities or property1 equipment1 or services2 7#b7 shall include any increase in amounts spent by the ,state to expand half-day kindergarten programs in the ,state1 as of the day before the date of enactment of this ,act1 into full day kindergarten programs2 7#c7 shall not include contributions being used as a non-,federal share or match for another ,federal award2 7#d7 shall be provided from ,state or local sources1 contributions from philanthropy or other private organizations1 or a combination of such sources and contributions2 and 7#e7 shall count not more than #ajj percent of the ,state's current spending on prekindergarten programs1 calculated as the average amount of such spending by the ,state for fiscal years #bjbc1 #bjbd1 and #bjbe1 toward the ,state's non-,federal share4 #cjh4 ,maintenance of effort 7a7 ,in general ,if a ,state reduces its combined fiscal effort per child for the ,state preschool program 7whether a publicly funded preschool program or a program under this title7 or through ,state supplemental assistance funds for ,head ,start programs assisted under the ,head ,start ,act1 or through any ,state spending on early childhood programs or preschool services for any fiscal year that a ,state receives payments under section #cjc7;b7 7referred to in this paragraph as the reduction fiscal year7 relative to the previous fiscal year1 the ,secretary1 in collaboration with the ,secretary of ,education1 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 year4 7b7 ,waiver ,the ,secretary1 in collaboration with the ,secretary of ,education1 may waive the requirements of subsection 7a7 if-- 7#a7 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 hardship1 or a natural disaster1 that has necessitated across-the-board reductions in ,state services during the #e-year period preceding the date of the determination1 including for early childhood education programs2 or 7#b7 due to the circumstance of a ,state requiring reductions in specific programs1 including early childhood education programs1 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 reductions4 #cji4 ,supplement not supplant ,funds received under this title shall be used to supplement and not supplant other ,federal1 ,state1 and local public funds expended on prekindergarten programs in the ,state on the date of enactment of this ,act1 calculated as the average amount of such ,federal1 ,state1 and local public funds expended for fiscal years #bjbc1 #bjbd1 and #bjbe4 #caj4 ,nondiscrimination provisions ,the following provisions of law shall apply to any program or activity that receives funds provided under this title3 7#a7 ,title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq474 7#b7 ,title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq474 7#c7 ,section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid74 7#d7 ,the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 #caa4 ,monitoring and enforcement 7a7 ,review of compliance with requirements and state plan ,the ,secretary shall review and monitor compliance of ,states1 territories1 ,tribal entities1 and local entities with this title and ,state compliance with the ,state plan described in section #cjc7;e71 including a process for progress updates on the requirements described in section #cjc7;e77#a74 7b7 ,issuance of rule ,the ,secretary shall establish by rule procedures for-- 7#a7 receiving1 processing1 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 title2 7#b7 notifying a ,state when the ,secretary has determined there has been a failure by the ,state to comply with a requirement of this title2 and 7#c7 imposing sanctions under this section for such a failure4 #cab4 ,reporting 7a7 ,in general ,each ,state that receives a payment under section #cjc shall prepare an annual report1 in such manner and containing such information as the ,secretary of ,health and ,human ,services may reasonably require4 7b7 ,contents ,a report prepared under subparagraph 7a7 shall contain1 at a minimum-- 7#a7 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 funds2 7#b7 a summary of the ,state's progress toward providing access to high-quality preschool programs for eligible children2 7#c7 the number and percentage of children in the ,state participating in eligible preschool programs1 disaggregated by race1 ethnicity1 family income1 child age1 disability1 and whether the children are homeless children1 children in foster care1 or dual language learners2 7#d7 data on the number and percentage of children in the ,state participating in public kindergarten programs1 disaggregated by race1 family income1 child age1 disability1 and whether the children are homeless children1 children in foster care1 or dual language learners1 with information on whether such programs are offered-- 7,a7 for a full day2 and 7,b7 at no cost to families2 7#e7 data on the kindergarten readiness of children across the ,state2 7#f7 data on recruitment and retention of early childhood staff disaggregated by provider type1 and age of children served2 and 7#g7 data regarding coordination efforts with other child care and early childhood education programs1 including those funded under the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq474 ,,iv ,head ,start extended duration #dja4 ,extended duration 7a7 ,in general ,the ,head ,start ,act 7#db ,u4,s4,c4 #ihja et seq47 is amended-- 7#a7 by redesignating section #feg;,c 7#db ,u4,s4,c4 #iheb;c7 as section #feg;,d2 and 7#b7 by inserting after section #feg;,b 7#db ,u4,s4,c4 #iheb;b7 the following3 #feg;,c4 ,extended duration 7a7 ,in general ,the ,secretary shall make grants to ,head ,start agencies 7including ,early ,head ,start agencies7 funded under this subchapter to enable such agencies-- 7#a7 to provide access to a full school year and a full school day of services2 7#b7 in the case of a migrant and seasonal ,head ,start agency1 to provide access to additional service hours to ensure continuous ,head ,start services as determined by the ,secretary2 or 7#c7 in the case of a ,head ,start agency 7including an ,early ,head ,start agency7 that already meets the full-day1 full-year services needs within its community1 to enhance the quality of ,head ,start services 7including ,early ,head ,start services7 provided to children served by such agency4 7b7 ,application 7#a7 ,in ,general ,to be eligible to receive a grant under this section1 a ,head ,start agency shall submit an application at such time and in such manner as the ,secretary may require4 ,such application shall include-- 7,a7 evidence of-- 7i7 the number and percentage of slots-- 7,i7 in the agency's ,head ,start center-based programs 7that are not ,early ,head ,start programs7-- 7aa7 that are currently funded 7as of the date of submission of the application72 and 7bb7 in which services are provided for at least the equivalent of #a1jbj hours per year2 and 7,,ii7 in the agency's ,early ,head ,start center-based programs-- 7aa7 that are currently funded 7as of that date72 and 7bb7 in which services are provided for at least the equivalent of #a1chj hours per year2 and 7ii7 the number and percentage of slots1 in the agency's ,head ,start family child care programs-- 7,i7 that are currently funded 7as of that date72 and 7,,ii7 in which services are provided for at least the equivalent of #a1chj hours per year2 7,b7 a description of an approach1 using the current community-wide strategic planning and needs assessment described in section #fdj7;g77#a77;,c7 and current program schedule 7current as of the date of submission of the application71 that transitions all of the agency's ,head ,start programs to a full school day1 full school year program schedule2 and 7,c7 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 programs4 7#b7 ,exceptions 7,a7 ,migrant and seasonal head start 7i7 ,in general ,a migrant and seasonal ,head ,start agency may apply for a grant described in subsection 7a7 without meeting the requirements specified in paragraph 7#a7 to ensure continuous ,head ,start services are provided to children enrolled in a migrant and seasonal ,head ,start program4 ,to be eligible to receive the grant1 the agency shall submit an application at such time and in such manner as the ,secretary may require4 7ii7 ,priority ,in making grants to applicants described in clause 7i71 the ,secretary shall give priority to a migrant and seasonal ,head ,start agency operating for fewer than #h months per year4 7,b7 ,full-day1 full-year head start agencies 7i7 ,in general ,a ,head ,start agency 7including an ,early ,head ,start agency7 that certifies to the ,secretary that it is meeting the full-day1 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 7including its ,early ,head ,start program7 in accordance with subsection 7c77#b74 7ii7 ,application ,a ,head ,start agency 7including ,early ,head ,start agency7 that meets the requirements of clause 7i7 shall submit an application1 which shall include-- 7,i7 the proposed uses of funds in accordance with subsection 7c77#b72 and 7,,ii7 how such uses of funds relate to the community-wide strategic planning and needs assessment described under section #fdj7;g77#a77;,c74 7c7 ,use of funds 7#a7 ,extended duration ,a ,head ,start agency that meets the requirements of paragraph 7#a7 or 7#b7 of subsection 7a7 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 enrollment1 such as additional costs for-- 7,a7 the purchase1 rental1 renovation1 and maintenance of additional facilities2 7,b7 ongoing purchases of classroom supplies2 7,c7 staff providing services during the extended hours2 and 7,d7 professional development to staff transitioning to providing services during the extended hours4 7#b7 ,enhancing program quality ,a ,head ,start agency 7including an ,early ,head ,start agency7 that meets the requirements of subsection 7a77#c7 shall use funds for the activities authorized under section #fdj7;a77#e77;,b74 7#c7 ,exception ,the ,head ,start agency shall not use the grant funds to expand the number of children served in the ,head ,start program 7including the ,early ,head ,start program7 of the agency4 7d7 ,reservations 7#a7 ,activities ,from the total amount appropriated to carry out this section1 the ,secretary shall-- 7,a7 for making grants for the activities described in subsection 7c77#a77;,a71 reserve #d1jjj1jjj1jjj of the funds appropriated for fiscal year #bjbf2 and 7,b7 for making grants for the activities described in any of subparagraphs 7,b7 through 7,d7 of subsection 7c77#a71 reserve-- 7i7 #hcc1jjj1jjj of the funds appropriated for fiscal year #bjbf2 7ii7 #heb1jjj1jjj of the funds appropriated for fiscal year #bjbg2 and 7iii7 #hgb1jjj1jjj of the funds appropriated for fiscal year #bjbh4 7#b7 ,priority ,the ,secretary shall prioritize ,head ,start agencies 7including ,early ,head ,start agencies7 that are applying to use funds to carry out the activities described in subsection 7a77#a74 7#c7 ,migrant or seasonal head start programs ,from the amount appropriated to carry out this section for a fiscal year and reserved under paragraph 7#a77;,b71 the ,secretary shall reserve #d4e percent for migrant or seasonal ,head ,start programs4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7#a7 #d1hcc1jjj1jjj for fiscal year #bjbf2 7#b7 #heb1jjj1jjj for fiscal year #bjbg2 and 7#c7 #hgb1jjj1jjj for fiscal year #bjbh4 7f7 ,definitions ,in this section3 7#a7 ,full school day2 full school year ,the terms full school day and full school year mean such a day and year1 respectively1 within the meaning of the ,head ,start ,program ,performance standards issued under section #fda;,a7a74 7#b7 ,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 program4 4 7b7 ,conforming ,amendments ,section #fdj of the ,head ,start ,act 7#db ,u4,s4,c4 #ihce7 is amended-- 7#a7 in subsection 7a77#f71 by striking appropriated under this subchapter each place it appears and inserting appropriated under section #fci2 and 7#b7 in subsection 7g77#c77;,a7-- 7,a7 by striking amount appropriated each place it appears and inserting amount appropriated under section #fci2 7,b7 by striking services provided under this subchapter and inserting services provided under this subchapter 7other than section #feg;,c72 and 7,c7 by striking agency under this subchapter and inserting agency under this subchapter 7other than section #feg;,c74 #djb4 ,appropriation for wages 7a7 ,appropriation ,there is authorized to be appropriated1 and there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #b1gjj1jjj1jjj for fiscal year #bjbf and each subsequent fiscal year1 to carry out subsection 7b74 7b7 ,use of funds ,using funds made available under subsection 7a71 the ,secretary of ,health and ,human ,services shall assist ,head ,start agencies 7including ,early ,head ,start agencies7 funded under the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq471 to the extent needed to ensure that their teachers and staff-- 7#a7 receive wages that are comparable to wages for elementary educators with similar credentials and experience in the ,state2 or 7#b7 at a minimum1 receive a living wage4 7c7 ,application ,in carrying out subsection 7b71 the ,secretary shall apply the ,head ,start ,act1 except to the extent that subsection 7b7 is inconsistent with that ,act4