(m) NONPOSTSECONDARY EDUCATION PROGRAM.— 
For purposes of section 401 of the Act entitled ‘‘An Act 
to provide for reconciliation pursuant to section 201(a)(1) 
of the concurrent resolution on the budget for fiscal year 
1997’’, approved August 22, 1996, the program carried 
out under this section shall be considered to be a program 
of nonpostsecondary education. 
(n) REPORTS.— 
(1) 
COLLECTION
OF
INFORMATION
BY 
STATES.— 
(A) IN GENERAL.—A State that receives 
funds to carry out this section shall collect the 
information described in subparagraph (B) on a 
monthly basis. 
(B) REQUIRED INFORMATION.—The infor-
mation required to be collected under this sub-
paragraph shall consist of, with respect to a 
family receiving assistance under this section, 
information concerning— 
(i) family income; 
(ii) county (or comparable local juris-
diction) of residence; 
(iii) the gender, race and ethnicity, 
and age of each child receiving such assist-
ance; 
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(iv) whether the head of the family is 
a single parent; 
(v) the number of months the family 
has received such assistance; 
(vi) the provider type with which the 
child was enrolled; 
(vii) the amount of the copayment 
paid for child care provided under this sec-
tion; 
(viii) the average hours per month of 
such care, during the period for which such 
information is required to be submitted; 
and 
(ix) whether the children receiving as-
sistance under this section are either chil-
dren with disabilities or infants and tod-
dlers with disabilities. 
(C) SUBMISSION TO THE SECRETARY.—A 
State described in subparagraph (A) shall, on a 
quarterly basis, submit the information required 
to be collected under subparagraph (B) to the 
Secretary. 
(D) USE OF SAMPLES.— 
(i) AUTHORITY.—A State may comply 
with the requirement to collect the infor-
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mation described in subparagraph (B) 
through the use of disaggregated case 
record information for a sample of families 
selected through the use of scientifically 
acceptable sampling methods approved by 
the Secretary. 
(ii) SAMPLING
AND
OTHER
METH-
ODS.—The Secretary shall provide the 
States with such case record sampling 
plans and data collection procedures as the 
Secretary determines to be necessary to 
produce statistically valid samples of the 
information described in subparagraph 
(B). The Secretary may develop and imple-
ment procedures for verifying the quality 
of the data submitted by the States. 
(E) PROHIBITION.—Reports submitted to 
the Secretary under subparagraph (C) shall not 
contain personally identifiable information. 
(2) ANNUAL REPORTS.—Not later than 1 year 
after the date of enactment of the Child Care for 
Working Families Act, and annually thereafter, a 
State shall prepare and submit to the Secretary a 
report containing such information as the Secretary 
may require, that includes at a minimum, the de-
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scription and analysis described in paragraph (3) 
and aggregate data concerning— 
(A) the number of child care providers that 
received funding under this section and licensed 
capacity of such providers, and such data 
disaggregated by provider type, by the quality 
rating on the State’s tiered system for recog-
nizing and supporting the quality of child care 
services described in subsection (f)(3)(B) (re-
ferred to in this subsection as the ‘‘quality rat-
ing’’) of such providers, and by the geographic 
area of such providers; 
(B)(i) the total number of children, and 
families with children, receiving child care serv-
ices funded under this section; 
(ii) the percentage of children, and families 
with children, receiving child care services fund-
ed under this section, among all children less 
than 6 years of age, and all families with such 
children, respectively, in all States; and 
(iii) the data described in clause (i), and 
the data described in clause (ii), disaggregated 
for children, and families with children, by— 
(I) race and ethnicity of the child in-
volved; 
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(II) family income of the child’s fam-
ily; 
(III) age of the child; 
(IV) the child’s status as an infant or 
toddler with a disability or child with a dis-
ability; 
(V) the child’s status as a child expe-
riencing homelessness; 
(VI) the child’s status as a child in 
foster care; and 
(VII) the child’s status (to the extent 
the status is known) as a dual language 
learner; 
(C) the monthly child care subsidy pay-
ment rate paid to eligible child care providers 
for child care services funded under this sec-
tion, as determined by the State’s cost esti-
mation model or cost study described in sub-
section (f)(3)(A)(i), including any variation in 
the rate by geographic area, provider type, age 
of child, and costs associated with providing in-
clusive care; 
(D) the amount of the copayment paid by 
families for such child care services, and such 
data disaggregated by family income; 
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(E) the number and percentage of pay-
ments made by the State for such services to el-
igible child care providers through certificates, 
grants, 
and 
contracts, 
and 
such 
data 
disaggregated by provider type; 
(F) the manner in which consumer edu-
cation information was provided to parents and 
the number of parents to whom such informa-
tion was provided under this section; 
(G) the number of child fatalities occurring 
among children while in the care or facility of 
child care providers funded under this section, 
and such data disaggregated by provider type; 
(H) the geographic area of child care pro-
viders funded under this section; 
(I) the quality features of child care serv-
ices provided by providers funded under this 
section, compared to the quality features of 
child care services provided by other child care 
providers, to the extent possible, including data 
on quality features such as— 
(i) amount of staff wages and other 
compensation (including benefits); 
(ii) length of staff retention; 
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(iii) presence of coaching and profes-
sional development activities; 
(iv) number of providers remaining 
open through the year covered; 
(v) measured parent satisfaction; and 
(vi) presence of provision of informa-
tion in languages other than English; 
(J) the quality features of child care serv-
ices received by children and funded under this 
section, and such data disaggregated by the 
children’s— 
(i) race and ethnicity; 
(ii) family income; 
(iii) age; 
(iv) status as an infant or toddler 
with a disability or a child with a dis-
ability; 
(v) status as a child experiencing 
homelessness; 
(vi) status as a child in foster care; 
and 
(vii) status (to the extent the status is 
known) as a dual language learner; 
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(K) the number of child care providers, 
listed by provider type, geographic area, and 
provider quality rating, that received— 
(i) a startup or supply expansion 
grant under subsection (h)(3)(B)(i); 
(ii) a quality grant under subsection 
(h)(3)(B)(ii); or 
(iii) a facilities grant under subsection 
(h)(3)(B)(iii); and 
(L) the average wages (including salaries) 
or other compensation for staff of eligible child 
care providers funded under this section, and 
such data disaggregated by provider type, job 
position type, and to the extent possible, staff 
race and ethnicity. 
(3) DESCRIPTION AND ANALYSIS.—The State 
shall include in each report described in paragraph 
(2)— 
(A) a description of whether there are in-
equities in how child care providers with quality 
features described in paragraph (2)(I) are dis-
tributed among children served under this sec-
tion; and 
(B) an analysis of the State’s child care 
supply, including an analysis of the number of 
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child care slots with licensed child care pro-
viders that were added or lost by the State in 
the covered year, and trends in such addition or 
loss by provider type and quality rating of child 
care provider. 
(4) RULE
ON
DISAGGREGATION.—Nothing in 
this paragraph shall require disaggregation of data 
if the disaggregation involved would reveal person-
ally identifiable information about an individual pro-
vider or child. 
(o) REPORTS TO CONGRESS.—The Secretary shall— 
(1) submit an annual report to the Committee 
on Health, Education, Labor, and Pensions and the 
Committee on Appropriations of the Senate and the 
Committee on Education and Workforce and the 
Committee on Appropriations of the House of Rep-
resentatives, summarizing the findings from the re-
ports received under subsection (n)(2); and 
(2) make such report publicly available on the 
website of the Department of Health and Human 
Services. 
(p) TRANSITION PROVISIONS.— 
(1) TREATMENT OF CHILD CARE AND DEVEL-
OPMENT BLOCK GRANT FUNDS.—For each of fiscal 
years 2026 through 2031, a State receiving assist-
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ance under this section shall not use more than 15 
percent of any funds received under the Child Care 
and Development Block Grant Act of 1990 (42 
U.S.C. 9857 et seq.) to provide assistance for direct 
child care services to children who are under the age 
of 6, are not yet in kindergarten, and are eligible 
under that Act. 
(2) SPECIAL RULES REGARDING ELIGIBILITY.— 
Any child who is less than 6 years of age, is not yet 
in kindergarten, and is receiving assistance under 
the Child Care and Development Block Grant Act of 
1990 on the date funding is first allocated to the 
lead agency for the State, territory, Indian Tribe, or 
Tribal organization involved under this section— 
(A) shall be deemed immediately eligible to 
receive assistance under this section; and 
(B) may continue to use the child care pro-
vider of the family’s choice. 
(3) TRANSITION PROCEDURES.—The Secretary 
is authorized to institute procedures for imple-
menting this section, including issuing guidance for 
States receiving funds under subsection (g). 
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TITLE II—BUILDING AN AFFORD-
ABLE 
SYSTEM 
FOR 
EARLY 
EDUCATION GRANTS 
SEC. 201. PURPOSES. 
The purposes of this title are to make child care serv-
ices more accessible for families and to support the sta-
bility and quality of eligible child care providers by— 
(1) promoting the stability of the child care sec-
tor by providing a source of stable funding to eligible 
child care providers to help offset their operating ex-
penses; 
(2) supporting sustained and increased wages 
for early childhood educators or other staff of eligi-
ble child care providers, in order to stabilize and 
grow the child care workforce; 
(3) expanding the supply and capacity of eligi-
ble child care providers to ensure working families 
have a range of high-quality, affordable child care 
options, in a variety of settings, that meet their 
unique needs; and 
(4) supporting access to child care services for 
communities facing a particular shortage of child 
care options, including child care services for infants 
and toddlers, child care services during nontradi-
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tional or extended hours, and inclusive child care 
services for children with disabilities. 
SEC. 202. DEFINITIONS. 
In this title: 
(1) CCDBG TERMS.—The terms ‘‘child care 
certificate’’, ‘‘child with a disability’’, ‘‘family child 
care provider’’, ‘‘lead agency’’, ‘‘Secretary’’, and 
‘‘State’’ have the meanings given the terms in sec-
tion 658P of the Child Care and Development Block 
Grant Act of 1990 (42 U.S.C. 9858n). The terms 
‘‘Indian Tribe’’ and ‘‘Tribal organization’’ have the 
meanings given the terms ‘‘Indian tribe’’ and ‘‘tribal 
organization’’ in section 658P of that Act. 
(2) ELIGIBLE
CHILD
CARE
PROVIDER.—The 
term ‘‘eligible child care provider’’ means— 
(A) an eligible child care provider as de-
fined in section 658P of the Child Care and De-
velopment Block Grant Act of 1990; and 
(B) an eligible child care provider as de-
fined in title I. 
(3) INFANT OR TODDLER.—The term ‘‘infant 
or toddler’’ means an individual who is less than 3 
years of age. 
(4) INFANT
OR
TODDLER
WITH
A
DIS-
ABILITY.—The term ‘‘infant or toddler with a dis-
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ability’’ has the meaning given the term in section 
101(b). 
(5) PROVIDER
TYPE.—The term ‘‘provider 
type’’ means a type that is— 
(A) a center-based child care provider; 
(B) a family child care provider; or 
(C) another non-center-based child care 
provider. 
SEC. 203. SECRETARIAL RESERVATION. 
From the funds appropriated to carry out this title, 
the Secretary shall reserve not more than 3 percent for 
the Federal administration of grants described in section 
204, which may include providing technical assistance to 
the lead agencies. 
SEC. 204. GRANTS. 
(a) IN GENERAL.—From the amounts appropriated 
to carry out this title that remain after the Secretary 
makes the reservation required under section 203, and 
under the authority of section 658O of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858m) 
and this section, the Secretary shall award to each lead 
agency a BASE Grant, without regard to the requirements 
in subparagraphs (C) and (E) of section 658E(c)(3), and 
in section 658G, of that Act (42 U.S.C. 9858c(c)(3), 
9858e). Such grant shall be made from an amount allotted 
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in accordance with section 658O of that Act (42 U.S.C. 
9858m), excluding paragraphs (3) through (5) of sub-
section (a) of that section. 
(b) PAYMENTS FOR INDIAN CHILDREN.—In accord-
ance with section 658O of that Act, the Secretary may 
make BASE Grants to Indian Tribes or Tribal organiza-
tions for the planning and carrying out of programs or 
activities consistent with the objectives of this title. 
SEC. 205. STATE APPLICATION. 
To be eligible to receive a grant under section 204, 
a lead agency shall submit an application to the Secretary 
at such time, in such manner, and including such informa-
tion as the Secretary may reasonably require, including— 
(1) a description of the process the lead agency 
will establish to award subgrant funds to eligible 
child care providers under this title; 
(2) a description of how the lead agency will, in 
determining the subgrant amount for an eligible 
child care provider under this title— 
(A) ensure such subgrant is sufficient to 
support the ongoing operations and long-term 
sustainability of the eligible child care provider; 
(B) account for the cost of providing high- 
quality child care services, including— 
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(i) variations in the cost of child care 
services related to geographic area, pro-
vider type, size of provider, and age of 
child served; 
(ii) costs associated with providing 
care during nontraditional or extended 
hours; 
(iii) costs associated with serving chil-
dren with disabilities, including infants and 
toddlers with disabilities; and 
(iv) costs associated with meeting 
group sizes and ratios necessary to support 
high-quality and inclusive child care serv-
ices, including for infants and toddlers; 
(C) account for the cost of attracting, 
training, and retaining a qualified and skilled 
workforce, which shall include at a minimum, 
supporting increased wages for all staff of the 
provider, as described in section 209(5); and 
(D) if the lead agency uses a formula for 
awarding such a subgrant that is based on gen-
eral cost estimates, base such estimates on the 
provider’s enrollment capacity rather than at-
tendance; 
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(3) a description of how the lead agency will 
work with the eligible child care providers to improve 
the quality of child care services, which may include 
improving the State’s tiered system for recognizing 
and supporting the quality of child care services de-
scribed in section 101(f)(3)(B); and 
(4) a description of how the lead agency will 
use funds reserved under section 207(a)(1) to con-
duct widespread outreach and provide technical as-
sistance to eligible child care providers (including 
family child care providers, providers with limited 
administrative capacity, and providers whose pri-
mary language is not English), either directly or 
through child care resource and referral organiza-
tions, staffed family child care networks, or local 
governments, to ensure such providers are aware of 
the subgrants available under this title and are able 
to apply for and manage the resources provided 
through such subgrants. 
SEC. 206. ADMINISTRATION. 
Activities funded under a grant made for a State 
under section 204 may be administered— 
(1) directly by the State’s lead agency; or 
(2) under a grant or contract to provide such 
administration, through another State government 
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agency, a local or regional child care resource and 
referral organization, a community development fi-
nancial institution, another nonprofit intermediary 
with experience supporting child care providers, or 
another appropriate entity. 
SEC. 207. STATE ACTIVITIES AND SUBGRANTS. 
(a) IN GENERAL.—A lead agency for a State that 
receives a BASE Grant pursuant to section 204 shall— 
(1) reserve not more than 10 percent of the 
grant funds to administer subgrants, provide tech-
nical assistance and support to enable all provider 
types to apply for, access, and manage the resources 
provided through such subgrants and other sources 
of public financial assistance available for the objec-
tives of this title, publicize the availability of the 
subgrants, and carry out activities to increase the 
supply of child care services, under this title; and 
(2) with the remaining grant funds, make sub-
grants to eligible child care providers to carry out 
the activities described in section 210. 
(b) SUBGRANT PERIOD.—The lead agency shall make 
the subgrants for a period of 5 years. 
(c) PAYMENT PRACTICES.—The lead agency shall 
make the subgrant payments in advance, with necessary 
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adjustments on account of overpayments or underpay-
ments. 
SEC. 208. PRIORITY FOR SUBGRANTS. 
(a) IN GENERAL.—In making subgrants under this 
title, the lead agency shall give priority to eligible child 
care providers that— 
(1) provide child care services during nontradi-
tional or extended hours; 
(2) provide child care services to infants and 
toddlers; 
(3) provide child care services to dual language 
learners, children with disabilities, children experi-
encing homelessness, children in foster care, or chil-
dren from low-income families; 
(4) provide child care services to children whose 
families received subsidies under the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 
9857 et seq.) or under title I, as applicable, for the 
child care services; 
(5) operate in communities, including commu-
nities with a high proportion of children in house-
holds with incomes below the poverty line and rural 
communities, with a low supply of child care serv-
ices; or 
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(6) are small business concerns, as defined in 
section 3 of the Small Business Act (15 U.S.C. 
632), or nonprofit organizations that are described 
in section 501(c)(3) of the Internal Revenue Code of 
1986 and exempt from taxation under section 
501(a) of such Code. 
(b) DEFINITION.—In this section, the term ‘‘poverty 
line’’ means the poverty line defined and revised as de-
scribed in section 673 of the Community Services Block 
Grant Act (42 U.S.C. 9902). 
SEC. 209. ELIGIBLE CHILD CARE PROVIDER APPLICATION. 
To be qualified to receive a subgrant under this title, 
an eligible child care provider shall submit to the cor-
responding lead agency, at such time and in such manner 
as the lead agency may reasonably require, an application 
containing each of the following: 
(1) A description of how the eligible child care 
provider meets the priority requirements in section 
208, if applicable. 
(2) An assurance that the eligible child care 
provider accepts child care subsidies in the form of 
certificates, grants, or contracts as authorized under 
the Child Care Development Block Grant Act of 
1990 (42 U.S.C. 9857 et seq.), or child care sub-
sidies in the form of certificates, grants, or contracts 
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under title I, as an acceptable form of payment, re-
gardless of whether children who are the bene-
ficiaries of the child care subsidies are actually en-
rolled. 
(3) An assurance that the eligible child care 
provider, for the duration of the period of the grant 
under section 204, will be open and available to 
serve children unless temporarily closed due to or for 
a building safety issue or maintenance as a result of 
a building safety issue, widespread illness or a staff 
shortage, a routine closure or break due to a holiday 
or scheduled staff professional development session, 
or a state of emergency, major disaster, or emer-
gency within the meaning of section 658E(c)(2)(U) 
of the Child Care Development Block Grant Act of 
1990 (42 U.S.C. 9858c(c)(2)(U)). 
(4) A description of how the eligible child care 
provider will use funds provided under the subgrant 
to improve the quality of child care services and op-
erations, such as through participation in a State’s 
tiered system for recognizing and supporting the 
quality of child care services. 
(5) A description of how the eligible child care 
provider will pay staff increased compensation over 
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the course of the grant period including, at a min-
imum, providing— 
(A) annual cost-of-living adjustments; and 
(B) graduated pay increases based on a 
staff member’s credentials, experience, and job 
responsibilities, including, for a provider with 
15 or more staff, a wage ladder based on the 
credentials, experience, and responsibilities. 
SEC. 210. USE OF FUNDS. 
(a) IN GENERAL.—An eligible child care provider 
that receives a subgrant under this title— 
(1) shall use at least 70 percent of subgrant 
funds for child care personnel costs, including— 
(A) wages (including salaries), or similar 
compensation for a person who is a staff mem-
ber or any sole proprietor or independent con-
tractor, aligned with wage standards; and 
(B)(i) annual cost-of-living adjustments for 
staff; and 
(ii) graduated pay increases based on a 
staff member’s credentials, experience, and job 
responsibilities, including, for a provider with 
15 or more staff, a wage ladder based on the 
credentials, experience, and responsibilities; and 
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(2) may use the subgrant funds for costs of ac-
tivities related to the provider’s program, consisting 
of— 
(A) professional development and instruc-
tional coaching for staff involved in the direct 
education and care of children, and providing 
support for planning and instruction; 
(B) providing recruitment and retention 
bonuses for staff; 
(C) providing staff benefits, such as health 
insurance, paid leave (including parental, fam-
ily, medical, sick, and bereavement leave, and 
including personal leave or vacation), and funds 
for retirement accounts; 
(D) hiring staff, including conducting 
background checks, and including hiring staff 
to reduce staff-to-child ratios or substitute staff 
to support use of paid leave; 
(E) paying for occupancy, including mak-
ing payments for— 
(i) rent (including rent under a lease), 
or on any mortgage obligation; and 
(ii) insurance, utilities, and mainte-
nance; 
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(F) obtaining equipment, repairs, supplies, 
services, and training necessary to ensure com-
pliance with applicable health, safety, edu-
cational, and quality requirements and to sup-
port high-quality, developmentally appropriate 
child care services, and achieving licensure as a 
child care provider; 
(G) providing comprehensive services to 
support the health, including mental health, 
and well-being, of children and families from 
underserved populations, as described in section 
101(f)(3)(I); 
(H) improving the quality of child care 
services in a way that is appropriate for child 
development by provider type involved, and for 
the age group of the children served; and 
(I) providing inclusive and developmentally 
appropriate care for children with disabilities, 
including implementing reasonable accommoda-
tions, making space more accessible, and pro-
viding additional staffing and coordinating early 
intervention services provided through the pro-
vider’s program with early intervention services 
provided through other early childhood pro-
grams. 
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(b) SPECIAL RULE FOR STATES PARTICIPATING IN 
TITLE I PROGRAM.—Notwithstanding subsection (a) and 
subject to the approval of the Secretary, a lead agency 
of a State participating in the program established in title 
I may make alternative uses of the funds received through 
a grant made under section 204, if such funds support— 
(1) the provision of high-quality, affordable 
child care services, in accordance with title I; 
(2) compensation for early childhood educators 
and staff of child care programs, of eligible child 
care providers, that meet the requirements of title I; 
or 
(3) initiatives to expand the supply of eligible 
child care providers or improve the quality of child 
care services provided by eligible child care pro-
viders. 
(c) RULE.—For purposes of subsection (a), the terms 
‘‘staff’’ and ‘‘staff member’’ include a person described in 
subsection (a)(1)(A). 
SEC. 211. REPORTING. 
(a) LEAD AGENCY REPORTS.—Not later than 1 year 
after a lead agency has received a grant under section 204 
and annually thereafter, the lead agency shall submit to 
the Secretary, in such manner and containing such infor-
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mation as the Secretary may require, a report that in-
cludes, at a minimum— 
(1) the total number of eligible child care pro-
viders who applied for a subgrant under this title 
relative to the total number of eligible child care pro-
viders in the State, disaggregated by provider type, 
race and ethnicity of provider, and geographic area; 
(2) the total number of eligible child care pro-
viders that received such a subgrant (referred to in 
this section as a ‘‘subgrant recipient’’) relative to the 
total number of eligible child care providers in the 
State, disaggregated by provider type, race and eth-
nicity of provider, and geographic area; 
(3) information stating the lead agency’s meth-
odology for determining the amounts of subgrants 
under section 207(a)(2); 
(4) the average and range of the subgrant 
amounts made available by the lead agency, 
disaggregated by provider type, race and ethnicity of 
provider, and geographic area; 
(5) the percentages, of the subgrant recipients, 
that— 
(A) provided child care services during 
nontraditional or extended hours; 
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(B) served dual language learners, children 
with disabilities, children experiencing homeless-
ness, children in foster care, children from low- 
income families, or infants and toddlers; 
(C) served children whose families received 
subsidies under the Child Care and Develop-
ment Block Grant Act of 1990 (42 U.S.C. 9857 
et seq.) or under title I, as applicable, for the 
child care services; 
(D) operated in communities described in 
section 208(a)(5); and 
(E) are concerns or organizations de-
scribed in section 208(a)(6); 
(6) the enrollment capacity of and average 
monthly attendance of children (by age) served by 
the subgrant recipients; 
(7) the average family tuition for a subgrant re-
cipient, disaggregated by— 
(A) age of the child served; and 
(B) provider type; 
(8) the average wages (including salaries), or 
similar 
compensation 
specified 
in 
section 
210(a)(1)(A) of staff of a subgrant recipient, 
disaggregated by provider type; 
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(9) the percentages of subgrant recipients, for 
each of the provider types; 
(10) the percentage of subgrant recipients that 
have staff members that are represented by labor or-
ganizations; 
(11) information about how the subgrant recipi-
ents used the funds received under such a subgrant, 
including how funds were used for child care per-
sonnel costs; 
(12) information about how the lead agency 
used funds reserved under section 207(a)(1); 
(13) a description of how the lead agency pub-
licized the availability of the subgrants, including 
through making applications and materials available 
in multiple languages, and provided technical assist-
ance and support to ensure all provider types were 
able to apply for and access the subgrants; and 
(14)(A) information about subgrant recipients 
that have corporate or other business relationships 
across multiple locations and serve more than 5,000 
children in the year covered by the report; and 
(B) the percentage of all children served by 
subgrant recipients that are subgrant recipients de-
scribed in subparagraph (A). 
(b) REPORTS TO CONGRESS.—The Secretary shall— 
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(1) submit an annual report to the Committee 
on Health, Education, Labor, and Pensions and the 
Committee on Appropriations of the Senate and the 
Committee on Education and Workforce and the 
Committee on Appropriations of the House of Rep-
resentatives, summarizing the findings from the re-
ports received under subsection (a); and 
(2) make such report publicly available on the 
website of the Department of Health and Human 
Services. 
SEC. 212. SUPPLEMENT NOT SUPPLANT. 
Amounts made available to carry out this title shall 
be used to supplement and not supplant other Federal, 
State, and local public funds expended to provide child 
care services for eligible individuals. 
SEC. 213. APPROPRIATIONS. 
In addition to amounts otherwise available, there is 
appropriated to the Department of Health and Human 
Services, out of any money in the Treasury not otherwise 
appropriated to carry out this title, $9,000,000,000 for 
each of fiscal years 2026 through 2031. 
TITLE III—UNIVERSAL 
PRESCHOOL 
SEC. 301. DEFINITIONS. 
In this section: 
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(1) CHILD
EXPERIENCING
HOMELESSNESS.— 
The term ‘‘child experiencing homelessness’’ means 
an individual who is a homeless child or youth under 
section 725 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11434a). 
(2) CHILD
WITH
A
DISABILITY.—The term 
‘‘child with a disability’’ has the meaning given the 
term in section 602 of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1401). 
(3) COMPREHENSIVE
SERVICES.—The term 
‘‘comprehensive services’’ means services that are 
provided to children and their families, and that are 
health, educational, nutritional, social, and other 
services that are determined, based on family needs 
assessments, to be necessary, within the meaning of 
section 636 of the Head Start Act (42 U.S.C. 9831). 
(4) DUAL
LANGUAGE
LEARNER.—The term 
‘‘dual language learner’’ means a child who is learn-
ing 2 or more languages at the same time, or a child 
who is learning a second language while continuing 
to develop the child’s first language. 
(5) ELIGIBLE
CHILD.—The term ‘‘eligible 
child’’ means a child who is age 3 or 4, on the date 
established by the applicable local educational agen-
cy for kindergarten entry. 
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(6) ELIGIBLE PROVIDER.—The term ‘‘eligible 
provider’’ means— 
(A) a local educational agency, acting 
alone or in a consortium or in collaboration 
with an educational service agency (as defined 
in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
7801)), that is licensed by the State or meets 
comparable health and safety standards; 
(B) a Head Start agency or delegate agen-
cy funded under the Head Start Act (42 U.S.C. 
9831 et seq.); 
(C) a licensed center-based child care pro-
vider, licensed family child care provider, or 
network of licensed family child care providers; 
or 
(D) a consortium of entities described in 
any of subparagraphs (A), (B), and (C). 
(7) HEAD START AGENCY.—The term ‘‘Head 
Start agency’’, as used in paragraph (6)(B), or sec-
tion 303(e)(4) or 306(a), means an entity designated 
as a Head Start agency under section 641(a)(1) of 
the Head Start Act (42 U.S.C. 9836(a)(1)) or as an 
Early Head Start agency (by receiving a grant) 
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under section 645A(a) of such Act (42 U.S.C. 
9840a(a)). 
(8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(9) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’ has the meaning given 
the term in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
(10) POVERTY LINE.—The term ‘‘poverty line’’ 
means the poverty line defined and revised as de-
scribed in section 673 of the Community Services 
Block Grant Act (42 U.S.C. 9902). 
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Health and Human Services. 
(12) STATE.—The term ‘‘State’’ means each of 
the several States and the District of Columbia. 
(13) TERRITORY.—The term ‘‘territory’’ means 
each of the Commonwealth of Puerto Rico, the 
United States Virgin Islands, Guam, American 
Samoa, and the Commonwealth of the Northern 
Mariana Islands. 
(14) TRIBAL ORGANIZATION.—The term ‘‘Trib-
al organization’’ has the meaning given the term 
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(1) PRESCHOOL SERVICES.—For each of fiscal 
years 2026 through 2031, the Secretary shall pay to 
each State with an approved State plan under sub-
section (e), an amount for that year equal to— 
(A) 90 percent of the State’s expenditures 
in the year for preschool services provided 
under section 304, for fiscal year 2026; 
(B) 90 percent of the State’s expenditures 
in the year for such preschool services, for fiscal 
year 2027; 
(C) 80 percent of the State’s expenditures 
in the year for such preschool services, for fiscal 
year 2028; 
(D) 75 percent of the State’s expenditures 
in the year for such preschool services, for fiscal 
year 2029; 
(E) 65 percent of the State’s expenditures 
in the year for such preschool services, for fiscal 
year 2030; and 
(F) 60 percent of the State’s expenditures 
in the year for such preschool services, for fiscal 
year 2031. 
(2) STATE
ACTIVITIES.—The Secretary shall 
pay to each State with an approved State plan under 
subsection (e) an amount for a fiscal year equal to 
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50 percent of the amount of the State’s expenditures 
for the activities described in subsection (c), and sys-
tem-wide activities similar to those described in sub-
section (c) for the State’s entire birth through 5 
year old early childhood system, except that in no 
case shall a payment for a fiscal year under this 
paragraph exceed the amount equal to 10 percent of 
the State’s expenditures described in paragraph (1) 
for such fiscal year. 
(3) NON-FEDERAL SHARE.—The remainder of 
the cost paid by the State for preschool services, 
that is not provided under paragraph (1), shall be 
considered the non-Federal share of the cost of those 
services. The remainder of the cost paid by the State 
for State activities, that is not provided under para-
graph (2), shall be considered the non-Federal share 
of the cost of those activities. 
(4) ADVANCE
PAYMENT; RETROSPECTIVE
AD-
JUSTMENT.—The Secretary shall make a payment 
under paragraph (1) or (2) for a year on the basis 
of advance estimates of expenditures submitted by 
the State and such other investigation as the Sec-
retary may find necessary, and shall reduce or in-
crease the payment as necessary to adjust for any 
overpayment or underpayment for a previous year. 
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(c) STATE ACTIVITIES.—A State that receives a pay-
ment under subsection (b) shall carry out all of the fol-
lowing activities: 
(1) State administration of the State preschool 
program described in this section. 
(2) Supporting a continuous quality improve-
ment system for providers of preschool services par-
ticipating, or seeking to participate, in the State pre-
school program, through the use of data, research, 
monitoring, training, technical assistance, profes-
sional development, and coaching. 
(3) Providing outreach and enrollment support 
for families of eligible children. 
(4) Supporting data systems building to ensure 
that the State has the capacity to manage and im-
plement data systems that allow data sharing among 
and between preschools, elementary schools, and sec-
ondary schools. 
(5) Supporting staff of eligible providers 
through professional development and coaching, and 
supporting staff in pursuing credentials and degrees, 
including baccalaureate degrees. 
(6) Supporting activities that ensure access to 
inclusive preschool programs for children with dis-
abilities. 
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(7) Providing age-appropriate transportation 
services for children, which at a minimum shall in-
clude transportation services for children experi-
encing homelessness and children in foster care. 
(8) Conducting or updating a statewide needs 
assessment of access to high-quality preschool serv-
ices. 
(d) LEAD AGENCY.—The Governor of a State desir-
ing for the State to receive a payment under this section 
shall designate a lead agency (such as a State agency or 
joint interagency office) for the administration of the 
State’s preschool program under this section. 
(e) STATE PLAN.—In order to be eligible for pay-
ments under this section, the Governor of a State shall 
submit a State plan to the Secretary for approval by the 
Secretary, in collaboration with the Secretary of Edu-
cation, at such time, in such manner, and containing such 
information as the Secretary shall by rule require, that 
includes a plan for achieving universal, high-quality, free, 
inclusive, and mixed-delivery preschool services. Such plan 
shall include, at a minimum, each of the following: 
(1) A certification that— 
(A) the State has in place, or will have in 
place no later than 1 year after the State first 
receives funding under this section, develop-
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mentally appropriate, evidence-based preschool 
education standards that, at a minimum, are as 
rigorous as the standards specified in subpara-
graph (B) of section 641A(a)(1) of the Head 
Start Act (42 U.S.C. 9836a(a)(1)) and include 
program standards for class sizes and ratios; 
and 
(B) the State will coordinate such stand-
ards with other early learning standards in the 
State. 
(2) An assurance that the State will ensure— 
(A) all preschool services in the State 
funded under this section will— (i) be univer-
sally available to all children in the State with-
out any additional eligibility requirements; and 
(ii) be high-quality, free, and inclu-
sive; and 
(B) that the local preschool programs in 
the State funded under this section will— 
(i) by not later than 18 months after 
the program receives such funding, meet 
the State’s preschool education standards 
described in paragraph (1); 
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(ii) offer programming that meets the 
duration requirements of at least 1,020 an-
nual hours; 
(iii) adopt policies and practices to 
conduct outreach and provide expedited en-
rollment, including prioritization, to— 
(I) children experiencing home-
lessness (which, in the case of a child 
attending a program provided by an 
eligible provider described in section 
301(6)(A), shall include immediate 
enrollment for the child); 
(II) children in foster care or 
kinship care; 
(III) children in families who are 
engaged in migrant or seasonal agri-
cultural labor; 
(IV) children with disabilities, in-
cluding eligible children who are 
served under part C of the Individuals 
with Disabilities Education Act (20 
U.S.C. 1431 et seq.); and 
(V) dual language learners; 
(iv) provide for salaries, and set 
schedules for salaries, for staff of providers 
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in the State preschool program, including 
staff serving infants and toddlers employed 
by the same provider, that are equivalent 
to salaries of elementary school staff with 
similar credentials and experience; 
(v) at a minimum, provide a living 
wage for all staff of such providers; and 
(vi) require educational qualifications 
for teachers in the preschool program in-
cluding, at a minimum, requiring that lead 
teachers in the preschool program have a 
baccalaureate degree in early childhood 
education or a related field by not later 
than 6 years after the date on which the 
State first receives funds under this sec-
tion, except that— 
(I) subject to subclause (II), the 
requirements under this clause shall 
not apply to individuals who were em-
ployed by an eligible provider or early 
education program for a cumulative 3 
of the 5 years immediately preceding 
the date of enactment of this Act and 
have the necessary content knowledge 
and teaching skills for early childhood 
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100 
educators, as demonstrated through 
measures determined by the State; 
and 
(II) nothing in this section shall 
require the State to lessen State re-
quirements for educational qualifica-
tions, in existence on the date of en-
actment of this Act, to serve as a 
teacher in a State preschool program. 
(3) For States with existing publicly funded 
State preschool programs (as of the date of submis-
sion of the State plan), a description of how the 
State plans to use funding provided under this sec-
tion to ensure that such existing programs in the 
State meet the requirements of this title for a State 
preschool program. 
(4) A description of how the State, in estab-
lishing and operating the State preschool program 
supported under this section, will— 
(A) support a mixed-delivery system for 
any new slots funded under this section, includ-
ing by facilitating the participation of Head 
Start programs and programs offered by li-
censed child care providers; 
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101 
(B) ensure the State preschool program 
does not disrupt the stability of infant and tod-
dler child care throughout the State; 
(C) ensure adequate consultation with the 
State Advisory Council on Early Childhood 
Education and Care designated or established 
in section 642B(b)(1)(A)(i) of the Head Start 
Act (42 U.S.C. 9837b(b)(1)(A)(i)) in the devel-
opment of its plan, including consultation in 
how the State intends to distribute slots under 
subparagraph (E); 
(D) partner with Head Start agencies to 
ensure the full utilization of Head Start pro-
grams within the State; and 
(E) distribute new preschool slots and re-
sources equitably among child care (including 
family child care) providers, Head Start agen-
cies, and schools within the State. 
(5) A certification that the State, in operating 
the program described in this section for a fiscal 
year— 
(A) will not reduce the total preschool slots 
provided in State-funded preschool programs 
from the number of such slots in the previous 
fiscal year; or 
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102 
(B) if the number of eligible children iden-
tified in the State declines from the previous 
fiscal year, will maintain at least the previous 
year’s ratio of the total preschool slots de-
scribed in subparagraph (A) to eligible children 
so identified. 
(6) An assurance that the State will use fund-
ing provided under this section to ensure children 
with disabilities have access to and participate in in-
clusive preschool programs consistent with provisions 
in the Individuals with Disabilities Education Act 
(20 U.S.C. 1400 et seq.), and a description of how 
the State will collaborate with entities carrying out 
programs under section 619 or part C of the Indi-
viduals with Disabilities Education Act (20 U.S.C. 
1419, 1431 et seq.), to support inclusive preschool 
programs. 
(7) An assurance that the State will provide as-
sistance under this section only to eligible providers 
that prohibit the use of suspension, expulsion, and 
aversive behavioral interventions in the State pre-
school program described in this section. 
(8) An assurance that the State will coordinate 
services provided under this title with services and 
supports provided under the Child Care and Devel-
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103 
opment Block Grant Act of 1990 (42 U.S.C. 9857 
et seq.), section 619 and part C of the Individuals 
with Disabilities Education Act (20 U.S.C. 1419, 
1431 et seq.), the Head Start Act (42 U.S.C. 9831 
et seq.), the Preschool Development Grants program 
under section 9212 of the Every Student Succeeds 
Act (Public Law 114–95), the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6301 et 
seq.), the McKinney-Vento Homeless Assistance Act 
(42 U.S.C. 11301 et seq.), and the maternal, infant, 
and early childhood home visiting programs under 
section 511 of the Social Security Act (42 U.S.C. 
711). 
(9) A certification that the State will support 
the continuous quality improvement of programs 
providing preschool services under this title, includ-
ing support through technical assistance, moni-
toring, and research. 
(10) A certification that the State will ensure a 
highly qualified early childhood workforce to support 
the requirements of this title. 
(11) An assurance that the State will meet the 
requirements of clauses (ii) and (iii) of section 
658E(c)(2)(T) of the Child Care and Development 
Block 
Grant 
Act 
of 
1990 
(42 
U.S.C. 
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104 
9858c(c)(2)(T)), with respect to funding and assess-
ments under this title. 
(12) A certification that subgrant and contract 
amounts provided as described in section 304 will be 
sufficient to enable eligible providers to meet the re-
quirements of this title, and will provide for in-
creased payment amounts based on the criteria de-
scribed in clauses (iv) and (v) of paragraph (2)(B). 
(13) An agreement to provide to the Secretary 
such periodic reports, providing a detailed account-
ing of the uses of funding received under this sec-
tion, as the Secretary may require for the adminis-
tration of this section. 
(f) DURATION OF THE PLAN.—Each State plan shall 
remain in effect for a period of not more than 3 years. 
Amendments to the State plan shall remain in effect for 
the duration of the plan. 
SEC. 304. SUBGRANTS AND CONTRACTS FOR LOCAL PRE-
SCHOOL PROGRAMS. 
(a) SUBGRANTS AND CONTRACTS.— 
(1) IN GENERAL.—A State that receives a pay-
ment under section 303(b) for a fiscal year shall use 
amounts provided through the payment to pay the 
costs of subgrants to, or contracts with, eligible pro-
viders to operate universal, high-quality, free, and 
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105 
inclusive preschool programs (which State-funded 
programs may be referred to in this section as ‘‘local 
preschool programs’’) through the State preschool 
program in accordance with subsection (c). A State 
shall reduce or increase the amounts provided under 
such subgrants or contracts if needed to adjust for 
any overpayment or underpayment described in sec-
tion 303(b)(4). 
(2) AMOUNT.—A State shall award a subgrant 
or contract under this section in a sufficient amount 
to enable the eligible provider to operate a local pre-
school program that meets the requirements of sec-
tion 303(e)(2), which amount shall reflect variations 
in the cost of preschool services by geographic area, 
type of provider, and age of child, and the additional 
costs associated with providing inclusive preschool 
services for children with disabilities. 
(3) DURATION.—The State shall award a 
subgrant or contract under this section for a period 
of not less than 3 years, unless the subgrant or con-
tract is terminated or suspended, or the subgrant 
period is reduced, for cause. 
(b) ENHANCED PAYMENTS
FOR COMPREHENSIVE 
SERVICES.—In awarding subgrants or contracts under 
this subsection and in addition to meeting the require-
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ments of subsection (a)(2), the State shall award sub-
grants or contracts with enhanced payments to eligible 
providers that offer local preschool programs funded under 
this section to a high percentage of low-income children 
to support comprehensive services. 
(c) ESTABLISHING
AND
EXPANDING
UNIVERSAL 
PRESCHOOL PROGRAMS.— 
(1) ESTABLISHING AND EXPANDING UNIVERSAL 
PRESCHOOL
PROGRAMS
IN
HIGH-NEED
COMMU-
NITIES.—In awarding subgrants or contracts under 
this section, the State shall first prioritize estab-
lishing and expanding universal local preschool pro-
grams within and across high-need communities by 
awarding subgrants or contracts to eligible providers 
operating within and across, or with capacity to op-
erate within and across, such high-need commu-
nities. The State shall— 
(A) use a research-based methodology ap-
proved by the Secretary to identify such high- 
need communities, as determined by— 
(i) the rate of poverty in the commu-
nity; 
(ii) rates of access to high-quality pre-
school within the community; and 
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(iii) other indicators of community 
need as required by the Secretary; and 
(B) distribute funding for preschool serv-
ices 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 pre-
school services in communities with lower levels 
of need. 
(2) USE OF FUNDS.—Subgrants or contracts 
awarded under paragraph (1) shall be used to enroll 
and serve children in such a local preschool program 
involved, including by paying the costs— 
(A) of personnel (including classroom and 
administrative personnel), including compensa-
tion (including benefits); 
(B) associated with implementing the 
State’s preschool standards, providing cur-
riculum supports, and meeting early learning 
and development standards; 
(C) of professional development, teacher 
supports, and training; 
(D) of implementing and meeting develop-
mentally appropriate health and safety stand-
ards (including licensure, where applicable), 
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teacher to child ratios, and group size maxi-
mums; 
(E) of materials, equipment, and supplies; 
and 
(F) of rent or a mortgage, utilities, build-
ing security, indoor and outdoor maintenance, 
and insurance. 
(d) ESTABLISHING
AND EXPANDING UNIVERSAL 
PRESCHOOL PROGRAMS IN ADDITIONAL COMMUNITIES.— 
Once a State that receives a payment under section 303(b) 
meets the requirements of subsection (c) with respect to 
establishing and expanding local preschool programs with-
in and across high-need communities, the State shall use 
funds from such payment to enroll and serve children in 
local preschool programs, as described in such subsection, 
in additional communities in accordance with the metrics 
described in subsection (c)(1)(A). Such funds shall be used 
for the activities described in subparagraphs (A) through 
(F) of subsection (c)(2). 
SEC. 305. PAYMENTS FOR UNIVERSAL PRESCHOOL SERV-
ICES TO INDIAN TRIBES AND TERRITORIES. 
(a) INDIAN TRIBES AND TRIBAL ORGANIZATIONS.— 
(1) IN
GENERAL.—For each of fiscal years 
2026 through 2031, from the amount appropriated 
for Indian Tribes and Tribal organizations under 
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section 302(b)(1), the Secretary shall make pay-
ments to Indian Tribes and Tribal organizations 
with an application approved under paragraph (2), 
and the Tribes and Tribal organizations shall be en-
titled to such payments for the purpose of carrying 
out the preschool program described in this title, 
consistent, to the extent practicable as determined 
by the Secretary, with the requirements applicable to 
States. 
(2) APPLICATIONS.—An Indian Tribe or Tribal 
organization seeking a payment under this sub-
section shall submit an application to the Secretary 
at such time, in such manner, and containing such 
information as the Secretary may specify. 
(b) TERRITORIES.— 
(1) IN
GENERAL.—For each of fiscal years 
2026 through 2031, from the amount appropriated 
for territories under section 302(b)(2), the Secretary 
shall make payments to the territories with an appli-
cation approved under paragraph (2), and the terri-
tories shall be entitled to such payments, for the 
purpose of carrying out the preschool program de-
scribed in this title, consistent, to the extent prac-
ticable as determined by the Secretary, with the re-
quirements applicable to States. 
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(2) APPLICATIONS.—A territory seeking a pay-
ment under this subsection shall submit an applica-
tion to the Secretary at such time, in such manner, 
and containing such information as the Secretary 
may specify. 
(c) LEAD AGENCY.—The head of an Indian Tribe or 
territory desiring for the Indian Tribe or a related Tribal 
organization, or territory, to receive a payment under this 
section shall designate a lead agency (such as a tribal or 
territorial agency or joint interagency office) for the ad-
ministration of the preschool program of the Indian Tribe 
or territory, under this section. 
SEC. 306. GRANTS TO LOCALITIES AND HEAD START EX-
PANSION IN NONPARTICIPATING STATES. 
(a) ELIGIBLE LOCALITY DEFINED.—In this section, 
the term ‘‘eligible locality’’ means a city, county, or other 
unit of general local government, a local educational agen-
cy, or a Head Start agency. 
(b) GRANTS TO LOCALITIES.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of Education, shall use funds 
reserved in section 302(b)(5) to award local uni-
versal preschool grants, as determined by the Sec-
retary of Health and Human Services, to eligible lo-
calities located in States that have not received pay-
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111 
ments under section 303. The Secretary shall award 
the grants to eligible localities in a State from the 
allotment made for that State under paragraph (2). 
The Secretary shall specify the requirements for an 
eligible locality to conduct a preschool program 
under this section which shall, to the greatest extent 
practicable, be consistent with the requirements ap-
plicable to States under this title, for a universal, 
high-quality, free, and inclusive preschool program. 
(2) ALLOTMENTS.—For each State described in 
paragraph (1), the Secretary shall allot for the State 
for a fiscal year an amount that bears the same rela-
tionship to the funds appropriated under section 
302(b)(5) for the fiscal year as the number of chil-
dren from families with family incomes at or below 
200 percent of the poverty line, and who are under 
the age of 6, in the State bears to the total number 
of all such children in all States described in para-
graph (1). 
(3) APPLICATION.—To receive a grant from the 
corresponding State allotment under this section, an 
eligible locality shall submit an application to the 
Secretary at such time, in such manner, and con-
taining such information as the Secretary may re-
quire. The requirements for the application shall, to 
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112 
the greatest extent practicable, be consistent with 
the State plan requirements applicable to States 
under this title. 
(c) HEAD START EXPANSION IN NONPARTICIPATING 
STATES.— 
(1) IN
GENERAL.—The Secretary shall use 
funds appropriated under section 302(b)(5), to make 
awards to Head Start agencies in a State described 
in subsection (b)(1) to carry out the purposes of the 
Head Start Act (42 U.S.C. 9831 et seq.) in such 
State. 
(2) RULE.—For purposes of carrying out the 
Head Start Act in circumstances not involving 
awards under this subsection, funds awarded under 
paragraph (1) shall not be included in the calcula-
tion of a ‘‘base grant’’ as such term is defined in 
section 640(a)(7)(A) of the Head Start Act (42 
U.S.C. 9835(a)(7)(A)). 
(3) DEFINITION.—In this subsection, the term 
‘‘Head Start agency’’ means an entity designated or 
eligible to be designated as a Head Start agency 
under section 641(a)(1) of the Head Start Act (42 
U.S.C. 9836(a)(1)) or as an Early Head Start agen-
cy (by receiving a grant) under section 645A(a) of 
such Act (42 U.S.C. 9840a(a)). 
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113 
(d) PRIORITY FOR SERVING UNDERSERVED COMMU-
NITIES.—In making determinations to award a grant or 
make an award under this section, the Secretary shall give 
priority to entities serving communities with a high per-
centage of children from families with family incomes at 
or below 200 percent of the poverty line. 
SEC. 307. ALLOWABLE SOURCES OF NON-FEDERAL SHARE. 
For purposes of calculating the amount of the non- 
Federal share, as determined under section 303(b)(3), re-
lating to a payment under section 303(b), a State’s non- 
Federal share— 
(1) may be in cash or in-kind, fairly evaluated, 
including facilities or property, equipment, or serv-
ices; 
(2) shall include any increase in amounts spent 
by the State to expand half-day kindergarten pro-
grams in the State, as of the day before the date of 
enactment of this Act, into full day kindergarten 
programs; 
(3) shall not include contributions being used as 
a non-Federal share or match for another Federal 
award; 
(4) shall be provided from State or local 
sources, contributions from philanthropy or other 
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private organizations, or a combination of such 
sources and contributions; and 
(5) shall count not more than 100 percent of 
the State’s current spending on prekindergarten pro-
grams, calculated as the average amount of such 
spending by the State for fiscal years 2023, 2024, 
and 2025, toward the State’s non-Federal share. 
SEC. 308. MAINTENANCE OF EFFORT. 
(a) IN GENERAL.—If a State reduces its combined 
fiscal effort per child for the State preschool program 
(whether a publicly funded preschool program or a pro-
gram under this title) or through State supplemental as-
sistance funds for Head Start programs assisted under the 
Head Start Act, or through any State spending on early 
childhood programs or preschool services for any fiscal 
year that a State receives payments under section 303(b) 
(referred to in this paragraph as the ‘‘reduction fiscal 
year’’) relative to the previous fiscal year, the Secretary, 
in collaboration with the Secretary of Education, shall re-
duce support for such State under such subsection by the 
same amount as the total reduction in that State fiscal 
effort for such reduction fiscal year. 
(b) WAIVER.—The Secretary, in collaboration with 
the Secretary of Education, may waive the requirements 
of subsection (a) if— 
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(1) the Secretaries determine that a waiver 
would be appropriate due to a precipitous decline in 
the financial resources of a State as a result of un-
foreseen economic hardship, or a natural disaster, 
that has necessitated across-the-board reductions in 
State services during the 5-year period preceding the 
date of the determination, including for early child-
hood education programs; or 
(2) due to the circumstance of a State requiring 
reductions in specific programs, including early 
childhood education programs, the State presents to 
the Secretaries a justification and demonstration 
why other programs could not be reduced and how 
early childhood education programs in the State will 
not be disproportionately harmed by such State re-
ductions. 
SEC. 309. SUPPLEMENT NOT SUPPLANT. 
Funds received under this title shall be used to sup-
plement and not supplant other Federal, State, and local 
public funds expended on prekindergarten programs in the 
State on the date of enactment of this Act, calculated as 
the average amount of such Federal, State, and local pub-
lic funds expended for fiscal years 2023, 2024, and 2025. 
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SEC. 310. NONDISCRIMINATION PROVISIONS. 
The following provisions of law shall apply to any pro-
gram or activity that receives funds provided under this 
title: 
(1) Title IX of the Education Amendments of 
1972 (20 U.S.C. 1681 et seq.). 
(2) Title VI of the Civil Rights Act of 1964 (42 
U.S.C. 2000d et seq.). 
(3) Section 504 of the Rehabilitation Act of 
1973 (29 U.S.C. 794). 
(4) The Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.). 
SEC. 311. MONITORING AND ENFORCEMENT. 
(a) REVIEW OF COMPLIANCE WITH REQUIREMENTS 
AND STATE PLAN.—The Secretary shall review and mon-
itor compliance of States, territories, Tribal entities, and 
local entities with this title and State compliance with the 
State plan described in section 303(e), including a process 
for progress updates on the requirements described in sec-
tion 303(e)(1). 
(b) ISSUANCE OF RULE.—The Secretary shall estab-
lish by rule procedures for— 
(1) receiving, processing, and determining the 
validity of complaints or findings concerning any 
failure of a State to comply with the State plan or 
any other requirement of this title; 
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(2) notifying a State when the Secretary has 
determined there has been a failure by the State to 
comply with a requirement of this title; and 
(3) imposing sanctions under this section for 
such a failure. 
SEC. 312. REPORTING. 
(a) IN GENERAL.—Each State that receives a pay-
ment under section 303 shall prepare an annual report, 
in such manner and containing such information as the 
Secretary of Health and Human Services may reasonably 
require. 
(b) CONTENTS.—A report prepared under subpara-
graph (a) shall contain, at a minimum— 
(1) a description of the manner in which the 
State has used the funds made available through the 
payment and a report of the expenditures made with 
the funds; 
(2) a summary of the State’s progress toward 
providing access to high-quality preschool programs 
for eligible children; 
(3) the number and percentage of children in 
the State participating in eligible preschool pro-
grams, disaggregated by race, ethnicity, family in-
come, child age, disability, and whether the children 
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are homeless children, children in foster care, or 
dual language learners; 
(4) data on the number and percentage of chil-
dren in the State participating in public kinder-
garten programs, disaggregated by race, family in-
come, child age, disability, and whether the children 
are homeless children, children in foster care, or 
dual language learners, with information on whether 
such programs are offered— 
(A) for a full day; and 
(B) at no cost to families; 
(5) data on the kindergarten readiness of chil-
dren across the State; 
(6) data on recruitment and retention of early 
childhood staff disaggregated by provider type, and 
age of children served; and 
(7) data regarding coordination efforts with 
other child care and early childhood education pro-
grams, including those funded under the Head Start 
Act (42 U.S.C. 9831 et seq.). 
TITLE IV—HEAD START 
EXTENDED DURATION 
SEC. 401. EXTENDED DURATION. 
(a) IN GENERAL.—The Head Start Act (42 U.S.C. 
9801 et seq.) is amended— 
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(1) by redesignating section 657C (42 U.S.C. 
9852c) as section 657D; and 
(2) by inserting after section 657B (42 U.S.C. 
9852b) the following: 
‘‘SEC. 657C. EXTENDED DURATION. 
‘‘(a) IN GENERAL.—The Secretary shall make grants 
to Head Start agencies (including Early Head Start agen-
cies) funded under this subchapter to enable such agen-
cies— 
‘‘(1) to provide access to a full school year and 
a full school day of services; 
‘‘(2) in the case of a migrant and seasonal 
Head Start agency, to provide access to additional 
service hours to ensure continuous Head Start serv-
ices as determined by the Secretary; or 
‘‘(3) in the case of a Head Start agency (in-
cluding an Early Head Start agency) that already 
meets the full-day, full-year services needs within its 
community, to enhance the quality of Head Start 
services (including Early Head Start services) pro-
vided to children served by such agency. 
‘‘(b) APPLICATION.— 
‘‘(1) IN GENERAL.—To be eligible to receive a 
grant under this section, a Head Start agency shall 
submit an application at such time and in such man-
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ner as the Secretary may require. Such application 
shall include— 
‘‘(A) evidence of— 
‘‘(i) the number and percentage of 
slots— 
‘‘(I) in the agency’s Head Start 
center-based programs (that are not 
Early Head Start programs)— 
‘‘(aa) that are currently 
funded (as of the date of submis-
sion of the application); and 
‘‘(bb) in which services are 
provided for at least the equiva-
lent of 1,020 hours per year; and 
‘‘(II) in the agency’s Early Head 
Start center-based programs— 
‘‘(aa) that are currently 
funded (as of that date); and 
‘‘(bb) in which services are 
provided for at least the equiva-
lent of 1,380 hours per year; and 
‘‘(ii) the number and percentage of 
slots, in the agency’s Head Start family 
child care programs— 
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‘‘(I) that are currently funded 
(as of that date); and 
‘‘(II) in which services are pro-
vided for at least the equivalent of 
1,380 hours per year; 
‘‘(B) a description of an approach, using 
the current community-wide strategic planning 
and needs assessment described in section 
640(g)(1)(C) and current program schedule 
(current as of the date of submission of the ap-
plication), that transitions all of the agency’s 
Head Start programs to a full school day, full 
school year program schedule; and 
‘‘(C) a budget justification that estimates 
the supplemental funding necessary to provide 
for incremental ongoing operating costs for the 
extended hours of service under such a program 
schedule for the current enrollment in the agen-
cy’s Head Start programs. 
‘‘(2) EXCEPTIONS.— 
‘‘(A) MIGRANT
AND
SEASONAL
HEAD 
START.— 
‘‘(i) IN
GENERAL.—A migrant and 
seasonal Head Start agency may apply for 
a grant described in subsection (a) without 
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meeting the requirements specified in para-
graph (1) to ensure continuous Head Start 
services are provided to children enrolled in 
a migrant and seasonal Head Start pro-
gram. To be eligible to receive the grant, 
the agency shall submit an application at 
such time and in such manner as the Sec-
retary may require. 
‘‘(ii) PRIORITY.—In making grants to 
applicants described in clause (i), the Sec-
retary shall give priority to a migrant and 
seasonal Head Start agency operating for 
fewer than 8 months per year. 
‘‘(B) FULL-DAY, FULL-YEAR HEAD START 
AGENCIES.— 
‘‘(i) IN
GENERAL.—A Head Start 
agency (including an Early Head Start 
agency) that certifies to the Secretary that 
it is meeting the full-day, full-year need 
within its community may apply for a 
grant to enhance the quality of services 
provided to children enrolled in its Head 
Start program (including its Early Head 
Start program) in accordance with sub-
section (c)(2). 
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‘‘(ii) APPLICATION.—A Head Start 
agency (including Early Head Start agen-
cy) that meets the requirements of clause 
(i) shall submit an application, which shall 
include— 
‘‘(I) the proposed uses of funds 
in accordance with subsection (c)(2); 
and 
‘‘(II) how such uses of funds re-
late to the community-wide strategic 
planning and needs assessment de-
scribed under section 640(g)(1)(C). 
‘‘(c) USE OF FUNDS.— 
‘‘(1) EXTENDED
DURATION.—A Head Start 
agency that meets the requirements of paragraph 
(1) or (2) of subsection (a) receiving a grant under 
this section shall use the grant funds to cover the 
costs associated with extending those hours of serv-
ice for the current enrollment, such as additional 
costs for— 
‘‘(A) the purchase, rental, renovation, and 
maintenance of additional facilities; 
‘‘(B) ongoing purchases of classroom sup-
plies; 
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‘‘(C) staff providing services during the ex-
tended hours; and 
‘‘(D) professional development to staff 
transitioning to providing services during the 
extended hours. 
‘‘(2) ENHANCING PROGRAM QUALITY.—A Head 
Start agency (including an Early Head Start agen-
cy) that meets the requirements of subsection (a)(3) 
shall use funds for the activities authorized under 
section 640(a)(5)(B). 
‘‘(3) EXCEPTION.—The Head Start agency 
shall not use the grant funds to expand the number 
of children served in the Head Start program (in-
cluding the Early Head Start program) of the agen-
cy. 
‘‘(d) RESERVATIONS.— 
‘‘(1) ACTIVITIES.—From the total amount ap-
propriated to carry out this section, the Secretary 
shall— 
‘‘(A) for making grants for the activities 
described 
in 
subsection 
(c)(1)(A), 
reserve 
$4,000,000,000 of the funds appropriated for 
fiscal year 2026; and 
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‘‘(B) for making grants for the activities 
described in any of subparagraphs (B) through 
(D) of subsection (c)(1), reserve— 
‘‘(i) $833,000,000 of the funds appro-
priated for fiscal year 2026; 
‘‘(ii) $852,000,000 of the funds ap-
propriated for fiscal year 2027; and 
‘‘(iii) $872,000,000 of the funds ap-
propriated for fiscal year 2028. 
‘‘(2) PRIORITY.—The Secretary shall prioritize 
Head Start agencies (including Early Head Start 
agencies) that are applying to use funds to carry out 
the activities described in subsection (a)(1). 
‘‘(3) MIGRANT OR SEASONAL HEAD START PRO-
GRAMS.—From the amount appropriated to carry 
out this section for a fiscal year and reserved under 
paragraph (1)(B), the Secretary shall reserve 4.5 
percent for migrant or seasonal Head Start pro-
grams. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this sec-
tion— 
‘‘(1) $4,833,000,000 for fiscal year 2026; 
‘‘(2) $852,000,000 for fiscal year 2027; and 
‘‘(3) $872,000,000 for fiscal year 2028. 
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‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) 
FULL
SCHOOL
DAY; 
FULL
SCHOOL 
YEAR.—The terms ‘full school day’ and ‘full school 
year’ mean such a day and year, respectively, within 
the meaning of the Head Start Program Perform-
ance standards issued under section 641A(a). 
‘‘(2) MIGRANT
AND
SEASONAL
HEAD
START 
AGENCY.—The term ‘migrant and seasonal Head 
Start agency’ means an agency that is funded under 
this subchapter to provide a migrant and seasonal 
Head Start program.’’. 
(b) CONFORMING AMENDMENTS.—Section 640 of the 
Head Start Act (42 U.S.C. 9835) is amended— 
(1) in subsection (a)(6), by striking ‘‘appro-
priated under this subchapter’’ each place it appears 
and inserting ‘‘appropriated under section 639’’; and 
(2) in subsection (g)(3)(A)— 
(A) by striking ‘‘amount appropriated’’ 
each place it appears and inserting ‘‘amount 
appropriated under section 639’’; 
(B) by striking ‘‘services provided under 
this subchapter’’ and inserting ‘‘services pro-
vided under this subchapter (other than section 
657C)’’; and 
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127 
(C) by striking ‘‘agency under this sub-
chapter’’ and inserting ‘‘agency under this sub-
chapter (other than section 657C)’’. 
SEC. 402. APPROPRIATION FOR WAGES. 
(a) APPROPRIATION.—There is authorized to be ap-
propriated, and there is appropriated, out of any funds 
in 
the 
Treasury 
not 
otherwise 
appropriated, 
$2,700,000,000 for fiscal year 2026 and each subsequent 
fiscal year, to carry out subsection (b). 
(b) USE OF FUNDS.—Using funds made available 
under subsection (a), the Secretary of Health and Human 
Services shall assist Head Start agencies (including Early 
Head Start agencies) funded under the Head Start Act 
(42 U.S.C. 9831 et seq.), to the extent needed to ensure 
that their teachers and staff— 
(1) receive wages that are comparable to wages 
for elementary educators with similar credentials 
and experience in the State; or 
(2) at a minimum, receive a living wage. 
(c) APPLICATION.—In carrying out subsection (b), 
the Secretary shall apply the Head Start Act, except to 
the extent that subsection (b) is inconsistent with that 
Act. 
Æ 
VerDate Sep 11 2014 
20:30 Sep 05, 2025
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