‘‘(c) ADVANCE PAYMENT; RETROSPECTIVE ADJUST-
MENT.— 
‘‘(1) IN GENERAL.—The Secretary may make 
payments under this section for each quarter on the 
basis of advance estimates of expenditures submitted 
by the State and such other investigation as the Sec-
retary may find necessary, and may reduce or in-
crease the payments as necessary to adjust for any 
overpayment or underpayment for previous quarters. 
‘‘(2) LIMITATIONS.—The Secretary may not 
make such payments in a manner that prevents a 
State from complying with the requirement specified 
in section 658E(c)(3). 
‘‘(d) FLEXIBILITY
IN SUBMITTAL
OF CLAIMS.— 
Nothing in this section shall be construed as preventing 
a State from claiming as expenditures in a quarter ex-
penditures that were incurred in a previous quarter. 
‘‘(e) STATE ENTITLEMENT.—This subchapter con-
stitutes budget authority in advance of appropriations 
Acts and represents the obligation of the Federal Govern-
ment to provide for payments to States under this section 
from amounts provided under section 658B(a).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section take effect on October 1, 2020. 
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SEC. 110. REPORTING. 
Section 658K(a)(1)(B) of the Child Care and Devel-
opment 
Block 
Grant 
Act 
of 
1990 
(42 
U.S.C. 
9858i(a)(1)(B)) is amended— 
(1) in clause (x), by striking ‘‘and’’; 
(2) by transferring clause (xi) so as to appear 
after clause (x); 
(3) in clause (xi), by inserting ‘‘and’’ after the 
semicolon; and 
(4) by inserting after clause (xi) the following: 
‘‘(xii) whether the children receiving 
assistance under this subchapter are either 
children with disabilities or infants and 
toddlers with disabilities;’’. 
SEC. 111. PRIORITY; WEBSITE. 
Section 658L of the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858j) is amended— 
(1) in the third sentence of subsection (a), by 
striking ‘‘658E(c)(3)(B)’’ and inserting ‘‘section 
658G(b)(8)(G)’’; 
(2) in subsection (b)(2)(B)— 
(A) in clause (ii), by striking ‘‘a Quality 
Rating and Improvement System’’ and inserting 
‘‘a tiered and transparent system for measuring 
the quality of child care providers described in 
section 658E(c)(2)(W)(i) and’’; 
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(B) in clause (iv), by striking ‘‘and’’ at the 
end; 
(C) in clause (v), by striking the period 
and inserting ‘‘; and’’; and 
(D) by inserting at the end the following: 
‘‘(vi) information about— 
‘‘(I) high-quality and inclusive 
care for children with disabilities and 
infants and toddlers with disabilities, 
including child care with early inter-
vention services under part C of the 
Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1431 et seq.) 
for infants and toddlers with disabil-
ities and their families, and child care 
with services and supports under part 
B of the Individuals with Disabilities 
Education Act (20 U.S.C. 1431 et 
seq.) for children with disabilities; and 
‘‘(II) other Federal, State, or 
local programs that may support in-
clusive child care for infants and tod-
dlers, or children, referred to in sub-
clause (I).’’. 
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SEC. 112. NONDISCRIMINATION. 
Section 658N of the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858l) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)(A), by striking ‘‘this 
section’’ and inserting ‘‘this subsection’’; 
(B) by striking paragraph (2); 
(C) by redesignating paragraphs (3) and 
(4) as paragraphs (2) and (3), respectively; and 
(D) in paragraph (3)— 
(i) in the paragraph heading, by strik-
ing ‘‘AND ADMISSION’’; 
(ii) by striking ‘‘(1)(B), (2), and (3)’’ 
and inserting ‘‘(1)(B) and (2)’’; 
(iii) by striking ‘‘and admissions’’; 
and 
(iv) by striking ‘‘or admissions’’; 
(2) in subsection (b)— 
(A) in the subsection heading, by striking 
‘‘STATE LAW’’ and inserting ‘‘OTHER LAWS’’; 
(B) by striking ‘‘Nothing’’ and inserting 
the following: 
‘‘(1) EXPENDITURES.—Nothing’’; and 
(C) by adding at the end the following: 
‘‘(2) RIGHTS, REMEDIES, PROCEDURES, OR 
STANDARDS.—Nothing in this subchapter shall be 
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construed to invalidate or limit rights, remedies, pro-
cedures, or legal standards available to victims of 
discrimination in employment or in provision of pro-
grams and activities under any other Federal law or 
law of a State or political subdivision of a State, in-
cluding the Civil Rights Act of 1964 (42 U.S.C. 
2000a et seq.), title IX of the Education Amend-
ments of 1972 (20 U.S.C. 1681 et seq.), section 504 
or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 
794, 794a), or the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12101 et seq.). The obligations 
imposed by this subchapter are in addition to those 
imposed by the Civil Rights Act of 1964 (42 U.S.C. 
2000a et seq.), title IX of the Education Amend-
ments of 1972 (20 U.S.C. 1681 et seq.), section 504 
of the Rehabilitation Act of 1973 (29 U.S.C. 794), 
and the Americans with Disabilities Act of 1990 (42 
U.S.C. 12101 et seq.).’’; and 
(3) by adding at the end the following: 
‘‘(c) NONDISCRIMINATION IN PROGRAMS AND AC-
TIVITIES.— 
‘‘(1) IN
GENERAL.—Except as described in 
paragraph (2), no person in the United States shall, 
on the basis of actual or perceived race, color, reli-
gion, national origin, sex, sexual orientation, gender 
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identity, or disability, be excluded from participation 
in, be denied the benefits of, or be subjected to dis-
crimination under any program or activity funded in 
whole or in part, with funds made available under 
this subchapter or with amounts appropriated for 
grants, contracts, or certificates administered with 
such funds. 
‘‘(2) PREFERENCE IN ENROLLMENT.—If assist-
ance provided under this subchapter, and any other 
Federal or State program, amounts to less than 80 
percent of the operating budget of a child care pro-
vider that receives such assistance, a child care pro-
vider may select children for child care slots that are 
not funded directly with assistance provided under 
this subchapter because such children or their family 
members participate on a regular basis in other ac-
tivities of the organization that owns or operates 
such provider.’’. 
SEC. 113. INDIAN TRIBES AND NATIONAL ACTIVITIES. 
(a) IN GENERAL.—Section 658O of the Child Care 
and Development Block Grant Act of 1990 (42 U.S.C. 
9858m) is amended— 
(1) by striking the heading and inserting the 
following: 
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‘‘SEC. 658O. INDIAN TRIBES AND NATIONAL ACTIVITIES.’’; 
(2) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘one half of 1 percent 
of the amount appropriated under this 
subchapter’’ and inserting ‘‘a portion of 
the amount appropriated under section 
658B(b)’’; and 
(ii) by striking ‘‘to be allotted’’ and all 
that follows and inserting the following: 
‘‘to be allotted by the Secretary— 
‘‘(A) in accordance with the respective 
needs of those territories; and 
‘‘(B) taking into consideration— 
‘‘(i) the population of eligible children, 
and the population of eligible children from 
low-income families, to be served by the 
territory involved; and 
‘‘(ii) the cost of child care in the terri-
tory.’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘(2) INDIANS TRIBES’’ 
and all that follows through ‘‘658B in’’ 
and inserting ‘‘(2) INDIAN TRIBES.—The 
Secretary shall reserve the remainder of 
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the amount appropriated under section 
658B(b) in’’; 
(ii) by striking ‘‘subsection (c)’’ and 
inserting ‘‘subsection (b)’’; and 
(iii) by striking subparagraph (B); 
(C) in paragraph (3), by striking ‘‘reserve 
up to $1,500,000 of the amount appropriated 
under this subchapter’’ and inserting ‘‘reserve 
and use such sums as the Secretary may deter-
mine to be necessary of the amount appro-
priated under section 658B(a)’’; 
(D) in paragraph (4), by striking ‘‘reserve 
up to 1⁄2 of 1 percent of the amount appro-
priated under this subchapter’’ and inserting 
‘‘reserve and use such sums as the Secretary 
may determine to be necessary of the amount 
appropriated under section 658B(a)’’; and 
(E) in paragraph (5), by striking ‘‘reserve 
1⁄2 of 1 percent of the amount appropriated 
under this subchapter’’ and inserting ‘‘reserve 
and use such sums as the Secretary may deter-
mine to be necessary of the amount appro-
priated under section 658B(a)’’; 
(3) by striking subsection (b); 
(4) in subsection (c)— 
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(A) in paragraph (3)— 
(i) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (B), by striking 
the period and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C)(i) the population of Indian or Native 
Hawaiian eligible children, and the population 
of Indian or Native Hawaiian eligible children 
from low-income families, to be served by the 
Indian tribe or tribal organization; 
‘‘(ii) the cost of child care in the area to 
be served by the tribe or organization; and 
‘‘(iii) whether awarding a grant or contract 
to the tribe or organization will increase the 
number of programs that reach standards de-
scribed in subsection (a)(1)(B)(iii);’’; and 
(B) in paragraph (6)— 
(i) by inserting ‘‘(or other recipient of 
funds through a State payment under sec-
tion 658J (referred to in this paragraph as 
a ‘covered recipient’))’’ after ‘‘organiza-
tion’’ the first place it appears; and 
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(ii) except as provided in subpara-
graph (A), by inserting ‘‘(or other covered 
recipient)’’ after ‘‘organization’’ each place 
it appears; 
(5) by redesignating subsection (c) as sub-
section (b); 
(6) by striking subsection (d); 
(7) in subsection (e)— 
(A) by striking paragraphs (1) through 
(3); 
(B) by striking ‘‘(e) REALLOTMENTS.—’’ 
and all that follows through ‘‘Any’’ and insert-
ing ‘‘(e) REALLOTMENTS.—Any’’; and 
(C) by striking ‘‘subsection (c)’’ each place 
it appears and inserting ‘‘subsection (b)’’; and 
(8) by redesignating subsections (e) and (f) as 
subsections (c) and (d), respectively. 
(b) EFFECTIVE DATE.—This section takes effect on 
October 1, 2020. 
SEC. 114. DEFINITIONS. 
Section 658P of the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858n) is amended— 
(1) in paragraph (2)— 
(A) by inserting ‘‘child care provider on be-
half of a’’ before ‘‘parent’’; and 
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(B) by striking ‘‘who may use such certifi-
cate only as payment’’; 
(2) in paragraph (3)— 
(A) by striking subparagraph (B); and 
(B) by redesignating subparagraphs (C) 
and (D) as subparagraphs (B) and (C), respec-
tively; 
(3) in paragraph (4)(B), by striking ‘‘85 per-
cent’’ and inserting ‘‘150 percent (100 percent for 
fiscal year 2020, 115 percent for fiscal year 2021, 
and 130 percent for fiscal year 2022)’’; and 
(4) by adding at the end the following: 
‘‘(16) FOSTER CARE.— 
‘‘(A) IN GENERAL.—The term ‘foster care’ 
means 24-hour substitute care for a child 
placed away from the child’s parents or guard-
ians and for whom the State agency has place-
ment and care responsibility. The term includes 
care through a placement in a foster family 
home, a foster home of a relative, a group 
home, an emergency shelter, a residential facil-
ity, a child care institution, or a pre-adoptive 
home. 
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‘‘(B) RULE.—A child shall be considered 
to be in foster care in accordance with subpara-
graph (A) regardless of— 
‘‘(i) whether the foster care facility is 
licensed and payments are made by the 
State or local agency for the care of the 
child; 
‘‘(ii) whether adoption subsidy pay-
ments are being made prior to the finaliza-
tion of an adoption; or 
‘‘(iii) whether there are Federal 
matching funds for any payments de-
scribed in clause (i) or (ii) that are made. 
‘‘(17) GENDER IDENTITY.—The term ‘gender 
identity’ means the gender-related identity, appear-
ance, mannerisms, or other gender-related character-
istics of an individual, regardless of the individual’s 
designated sex at birth. 
‘‘(18) HIGH-QUALITY AND INCLUSIVE CARE.— 
The term ‘high-quality and inclusive’, used with re-
spect to care (including child care), means care pro-
vided by an eligible child care provider— 
‘‘(A) that is at the highest tier of the 
State’s tiered and transparent system for meas-
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uring the quality of child care providers, under 
section 658E(c)(2)(W)(i); 
‘‘(B) for whom the percentage of children 
served by the provider who are children with 
disabilities and infants and toddlers with dis-
abilities reflects the prevalence of children with 
disabilities and infants and toddlers with dis-
abilities among children within the State; and 
‘‘(C) that provides care for children with 
disabilities and infants and toddlers with dis-
abilities alongside children who are— 
‘‘(i) not infants and toddlers with dis-
abilities; and 
‘‘(ii) not children with disabilities. 
‘‘(19) HOMELESS CHILD.—The term ‘homeless 
child’ means an individual who is a homeless child 
or youth under section 725 of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11434). 
‘‘(20) INFANT
OR
TODDLER
WITH
A
DIS-
ABILITY.—The term ‘infant or toddler with a dis-
ability’ has the meaning given the term in section 
632 of the Individuals with Disabilities Education 
Act (20 U.S.C. 1432). 
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‘‘(21) KEY PROGRAMMATIC STRATEGIES.—The 
term ‘key programmatic strategies’ means strategies 
related to— 
‘‘(A) nutrition and physical activity; 
‘‘(B) recommended practices for age-ap-
propriate exposure to screen media; and 
‘‘(C) the integration and utilization of in-
structional methods to assist learning across 
disciplines, including methods that use the arts, 
language, literacy, mathematics, science, and 
social studies. 
‘‘(22) SEX.—The term ‘sex’ includes— 
‘‘(A) a sex stereotype; 
‘‘(B) pregnancy, childbirth, or a related 
medical condition; and 
‘‘(C) sexual orientation or gender identity. 
‘‘(23) SEXUAL ORIENTATION.—The term ‘sex-
ual 
orientation’ 
means 
homosexuality, 
hetero-
sexuality, or bisexuality.’’. 
SEC. 115. MISCELLANEOUS PROVISIONS. 
Section 658S of the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858q) is amended— 
(1) by striking ‘‘Notwithstanding’’ and insert-
ing the following: 
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‘‘(a) CHILD CARE NOT TREATED AS INCOME.—Not-
withstanding’’; and 
(2) by adding at the end the following: 
‘‘(b) RULE
OF CONSTRUCTION
FOR COLLECTIVE 
BARGAINING.—Nothing in this subchapter shall be con-
strued to alter, diminish, or otherwise affect the rights, 
remedies, and procedures afforded to individuals employed 
by schools or local educational agencies, or teachers and 
other staff employed by child care providers— 
‘‘(1) under Federal, State, or local laws (includ-
ing applicable regulations or court orders); or 
‘‘(2) under the terms of collective bargaining 
agreements, memoranda of understanding, or other 
agreements between schools, agencies, or providers 
that are referred to in this subsection, and their em-
ployees.’’. 
SEC. 116. CONFORMING AMENDMENT. 
The Child Care and Development Block Grant Act 
of 1990 (42 U.S.C. 9858 et seq.) is amended by striking 
the subchapter heading and inserting the following: 
‘‘Subchapter C—Child Care and Development 
Assistance’’. 
SEC. 117. TECHNICAL AMENDMENTS. 
The Child Care and Development Block Grant Act 
of 1990 (42 U.S.C. 9858 et seq.) is amended in sections 
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658I(c)(3) and 658L(a) by striking ‘‘the Workforce’’ each 
place it appears and inserting ‘‘Labor’’. 
SEC. 118. TRANSITION RULE. 
(a) IN GENERAL.—During fiscal years 2020 through 
2022, the Secretary of Health and Human Services— 
(1) shall make allotments and payments to 
States and Indian tribes under section 658J and 
658O of the Child Care and Development Block 
Grant Act of 1990 (42 U.S.C. 9858h, 9858m), as in 
effect immediately before the date of enactment of 
this Act, subject to subsection (b); and 
(2) shall carry out section 658E(c)(3) of that 
Act (42 U.S.C. 9858c(c)(3)) by applying subpara-
graphs (C) and (E) of that section, as in effect on 
that day. 
(b) ADJUSTMENTS.—During fiscal years 2020 
through 2022, the Secretary shall have authority to make 
such adjustments as may be necessary to carry out sub-
section (a) and to transition to making quarterly payments 
under section 658J and allotments under 658O of the 
Child Care and Development Block Grant Act, as amend-
ed by this Act. 
SEC. 119. EFFECTIVE DATE. 
This title, and the amendments made by this title, 
take effect on October 1, 2019. 
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TITLE II—HIGH-QUALITY 
PRESCHOOL 
SEC. 201. FORMULA GRANTS TO STATES TO ESTABLISH 
VOLUNTARY 
HIGH-QUALITY 
PRESCHOOL 
PROGRAMS. 
(a) DEFINITIONS.—In this section: 
(1) 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). 
(2) DUAL
LANGUAGE
LEARNER.—The term 
‘‘dual language learner’’ means an individual who is 
limited English proficient, as defined in section 637 
of the Head Start Act (42 U.S.C. 9832). 
(3) ELIGIBLE
CHILD.—The term ‘‘eligible 
child’’ means a child who is— 
(A) age 3, 4, or 5; 
(B) not yet enrolled in kindergarten; and 
(C) a member of a family with a family in-
come that does not exceed 150 percent of the 
State median income for a family of the same 
size. 
(4) ELIGIBLE PROVIDER.—The term ‘‘eligible 
provider’’ includes a local educational agency, Head 
Start program funded under the Head Start Act (42 
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U.S.C. 9831 et seq.), licensed child care center, li-
censed family child care home, and community- or 
neighborhood-based family child care network, 
that— 
(A) participates in the State’s tiered and 
transparent system for measuring program 
quality described in section 658E(c)(2)(W)(i) of 
the Child Care and Development Block Grant 
Act of 1990 (42 U.S.C. 9858c(c)(2)(W)(i)); and 
(B) meets the highest tier of such system. 
(5) FOSTER CARE.— 
(A) IN GENERAL.—The term ‘‘foster care’’ 
means 24-hour substitute care for a child 
placed away from the child’s parents or guard-
ians and for whom the State agency has place-
ment and care responsibility. The term includes 
care through a placement in a foster family 
home, a foster home of a relative, a group 
home, an emergency shelter, a residential facil-
ity, a child care institution, or a pre-adoptive 
home. 
(B) RULE.—A child shall be considered to 
be in foster care in accordance with subpara-
graph (A) regardless of— 
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