253 
sistance under this section shall designate an agency 
(which may be an appropriate collaborative agency), or es-
tablish a joint interagency office— 
(1) to serve as the lead agency for the State, 
territory, or Indian tribe under this section; and 
(2) to administer, directly or through other gov-
ernmental or nongovernmental agencies of the State, 
territory or Indian tribe the financial assistance re-
ceived under this section by the State, territory, or 
Indian tribe, including by certifying the eligibility of 
children. 
(f) APPLICATIONS AND STATE PLANS.— 
(1) APPLICATION.—To be eligible to receive as-
sistance under this section, a State shall prepare 
and submit to the Secretary for approval an applica-
tion at such time, in such manner, and containing 
a State plan that— 
(A) for a transitional State plan, meets the 
requirements under subsection (c) and contains 
such information as the Secretary may require, 
to demonstrate the State will meet the require-
ments of this section; and 
(B) for a full State plan, meets the re-
quirements under subsection (d) and contains 
that information. 
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(2) PERIOD COVERED BY PLAN.—A State plan 
contained in the application shall be designed to be 
implemented— 
(A) for a transitional State plan, during a 
1-year period; and 
(B) for a full State plan, during a 3-year 
period. 
(3) REQUIREMENTS FOR TRANSITIONAL STATE 
PLANS.—For a period of 1 year following the date 
of enactment of this Act, the Secretary shall award 
funds under this section to States with an approved 
application that contains a transitional State plan, 
submitted under paragraph (1)(A) that includes, at 
a minimum— 
(A) an assurance that the State will sub-
mit a State plan under paragraph (4); and 
(B) a description of how the funds received 
by the State under this section will be spent to 
expand access to child care assistance and in-
crease the supply and quality of child care pro-
viders within the State, in alignment with the 
requirements of this section. 
(4) REQUIREMENTS FOR FULL STATE PLANS.— 
The Secretary may award funds under this section 
to States with an approved application that contains 
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255 
a subsequent State plan, submitted under subsection 
(a)(2), that includes, at a minimum, the following: 
(A) PAYMENT
RATES
AND
COST
ESTI-
MATION.— 
(i) PAYMENT RATES.—The State plan 
shall certify that payment rates for the 
provision of child care services for which 
assistance is provided in accordance with 
this section for the period covered by the 
plan, within 3 years after the State re-
ceives funds under this section— 
(I) will be sufficient to meet the 
cost of child care, and set in accord-
ance with a cost estimation model or 
cost study described in clause (ii) that 
is approved by the Secretary; and 
(II) will correspond to differences 
in quality (including improved quality) 
based on the State’s tiered system for 
measuring the quality of eligible child 
care providers described in subpara-
graph (B). 
(ii) COST
ESTIMATION.—Such State 
plan shall— 
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256 
(I) demonstrate that the State 
has, after consulting with relevant en-
tities and stakeholders, developed and 
uses a statistically valid and reliable 
cost estimation model or cost study 
for the payment rates of child care 
services in the State that reflect rates 
for providers at each of the tiers of 
the State’s tiered system for meas-
uring the quality of child care pro-
viders described in subparagraph (B), 
and variations in the cost of child care 
services by geographic area, type of 
provider, and age of child, and the ad-
ditional costs associated with pro-
viding inclusive child care services; 
and 
(II) certify that the State’s pay-
ment rates for child care services for 
which assistance is provided in accord-
ance with this section— 
(aa) are set in accordance 
with the most recent estimates 
from the most recent cost esti-
mation model or cost study under 
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257 
subclause (I), so that providers 
at each tier of the tiered system 
for measuring provider quality 
described in subparagraph (B) 
receive a payment that is suffi-
cient to meet the requirements of 
such tier; 
(bb) are set so as to provide 
payments to providers not at the 
top tier of the tiered system that 
are sufficient to enable the pro-
viders to increase quality to meet 
the requirements for the next 
tier; 
(cc) ensure adequate wages 
for staff of child care providers 
providing such child care services 
that— 
(AA) at a minimum, 
provide a living wage for all 
staff of such child care pro-
viders; and 
(BB) are equivalent to 
wages for elementary edu-
cators with similar creden-
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258 
tials and experience in the 
State; and 
(dd) are adjusted on an an-
nual basis for cost of living in-
creases to ensure those payment 
rates remain sufficient to meet 
the requirements of this section. 
(iii) 
PAYMENT
PRACTICES.—Such 
State plan shall include an assurance that 
the State will implement payment practices 
that support the fixed costs of providing 
child care services. 
(B) TIERED SYSTEM FOR MEASURING THE 
QUALITY
OF
CHILD
CARE
PROVIDERS.—Such 
State plan shall certify that the State has im-
plemented, or assure that the State will imple-
ment within 3 years after receiving funds under 
this section, a tiered system for measuring the 
quality of eligible child care providers who pro-
vide child care services for which assistance is 
made available under this section. Such tiered 
system shall— 
(i) include a set of standards, for de-
termining the tier of quality of a child care 
provider, that— 
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(I) uses standards for a highest 
tier that at a minimum are equivalent 
to Head Start program performance 
standards 
described 
in 
section 
641A(a)(1)(B) of the Head Start Act 
(42 U.S.C. 9836a(a)(1)(B)) or other 
equivalent evidence-based standards 
approved by the Secretary; and 
(II) includes quality indicators 
and thresholds that are appropriate 
for child development in different 
types of child care provider settings, 
including child care centers and the 
settings of family child care providers, 
and are appropriate for providers 
serving different age groups (includ-
ing mixed age groups) of children; 
(ii) include a different set of stand-
ards that includes indicators, when appro-
priate, for care during nontraditional hours 
of operation; and 
(iii) provide for sufficient resources 
and supports for child care providers at 
tiers lower than the highest tier to facili-
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260 
tate progression toward higher quality 
standards. 
(C) ACHIEVING HIGH QUALITY FOR ALL 
CHILDREN.—Such State plan shall certify the 
State has implemented, or will implement with-
in 3 years of receiving funds under this section, 
policies and financing practices that will ensure 
all families of eligible children can choose for 
the children to attend child care at the highest 
quality tier within 6 years after the date of en-
actment of this Act. 
(D) COMPENSATION.—Such plan shall pro-
vide a certification that the State has or will 
have within 3 years after receiving funds under 
this section, a wage ladder for staff of eligible 
child care providers receiving assistance under 
this section, including a certification that wages 
for such staff, at a minimum, will meet the re-
quirements of subparagraph (A)(ii)(II)(cc). 
(E) SLIDING
FEE
SCALE
FOR
COPAY-
MENTS.— 
(i) IN GENERAL.—Except as provided 
in clauses (ii)(I) and (iii), the State plan 
shall provide an assurance that the State 
will for the period covered by the plan use 
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261 
a sliding fee scale described in clause (ii) 
to determine a copayment for a family re-
ceiving assistance under this section (or, 
for a family receiving part-time care, a re-
duced copayment that is the proportionate 
amount of the full copayment). 
(ii) SLIDING FEE SCALE.—A full co-
payment described in clause (i) shall use a 
sliding fee scale that provides that, for a 
family with a family income— 
(I) of not more than 75 percent 
of State median income for a family 
of the same size, the family shall not 
pay a copayment, toward the cost of 
the child care involved for all eligible 
children in the family; 
(II) of more than 75 percent but 
not more than 100 percent of State 
median income for a family of the 
same size, the copayment shall be 
more than 0 but not more than 2 per-
cent of that family income, toward 
such cost for all such children; 
(III) of more than 100 percent 
but not more than 125 percent of 
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State median income for a family of 
the same size, the copayment shall be 
more than 2 but not more than 4 per-
cent of that family income, toward 
such cost for all such children; 
(IV) of more than 125 percent 
but not more than 150 percent of 
State median income for a family of 
the same size, the copayment shall be 
more than 4 but not more than 7 per-
cent of that family income, toward 
such cost for all such children; and 
(V) of more than 150 percent of 
the State median income for a family 
of the same size, the copayment shall 
be 7 percent of that family income, to-
ward such cost for all such children. 
(iii) SPECIAL RULES.—The State shall 
not require a copayment under this sub-
paragraph for any eligible child of a family 
with a child that is eligible for a Head 
Start program under the Head Start Act 
(42 U.S.C. 9831 et seq.), or a child who 
has been identified as a member of a popu-
lation 
listed 
in 
subsection 
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263 
(b)(2)(D)(v)((II). A State or another entity 
may pay a copayment (full or reduced) 
under this subparagraph on behalf of a 
family, but may not receive Federal reim-
bursement under this section for such pay-
ment. 
(F) PROHIBITION
ON
CHARGING
MORE 
THAN COPAYMENT.—The State plan shall cer-
tify that the State shall not permit a child care 
provider receiving financial assistance under 
this section to charge, for child care for an eli-
gible child, more than the total of— 
(i) the financial assistance provided 
for the child under this section; and 
(ii) any applicable copayment pursu-
ant to subparagraph (E). 
(G) ELIGIBILITY.—The State plan shall 
assure that each child who receives assistance 
under this section will be considered to meet all 
eligibility requirements for such assistance, and 
will receive such assistance, for not less than 24 
months, and the child’s eligibility determination 
and redetermination, including any determina-
tion based on the State’s definition of eligible 
activities, shall be implemented in such a man-
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264 
ner that supports child well-being and reduces 
barriers to enrollment, including continuity of 
services. 
(H) POLICIES
TO
SUPPORT
ACCESS
TO 
CHILD
CARE
FOR
UNDERSERVED
POPU-
LATIONS.—The State plan shall assure that the 
State will prioritize increasing access to, and 
the quality and the supply of, child care in the 
State for underserved populations, including at 
a minimum, low-income children, children in 
underserved areas, infants and toddlers, chil-
dren with disabilities and infants and toddlers 
with disabilities, children who are dual language 
learners, and children who receive care during 
nontraditional hours. 
(I) POLICIES.—The State plan shall in-
clude a certification that the State will apply, 
under this section, the policies and procedures 
described in subparagraphs (A), (B), (I), (J), 
(K)(i), (R), and (U) of section 658E(c)(2) of 
the Child Care and Development Block Grant 
Act of 1990 (42 U.S.C. 9858c(c)(2)), and the 
policies and procedures described in section 
658H of such Act, to child care services pro-
vided under this section. 
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265 
(J) LICENSING.—The State plan shall in-
clude an assurance that the State has or will 
develop within 3 years after receiving funds 
under this section, licensing standards for child 
care providers and a pathway to such licensure 
that is available to and appropriate for child 
care providers in a variety of settings, to ensure 
providers eligible under the Child Care and De-
velopment Block Grant Act of 1990 (42 U.S.C. 
9857 et seq.), have a pathway to become eligi-
ble providers under this section. 
(K) REPORTS.—The State plan shall in-
clude an agreement to provide to the Secretary 
such periodic reports, providing a detailed ac-
counting of the uses of such funds received 
under this section, as the Secretary may require 
for the administration of this section. 
(g) PAYMENTS.— 
(1) TRANSITION PAYMENTS FOR FISCAL YEARS 
2022 THROUGH 2024.— 
(A) RESERVATIONS AND ALLOTMENTS.— 
(i) IN GENERAL.—For each of fiscal 
years 2022 through 2024, the Secretary 
shall, from the amount appropriated under 
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266 
subsection (c)(1)(A) for each such fiscal 
year— 
(I) reserve not less than 4 per-
cent for Indian Tribes, Tribal organi-
zations, and Urban Indian organiza-
tions for child care assistance; 
(II) reserve not less than 0.5 of 
percent 
for 
Guam, 
American 
Samoa, the Commonwealth of the 
Northern Mariana Islands, and the 
United States Virgin Islands for child 
care assistance; and 
(III) from the amount so appro-
priated and not reserved under sub-
clauses (I) and (II), make allotments 
to each State in the same manner as 
the Secretary makes such allotments 
using the formula under section 
658O(b) of the Child Care and Devel-
opment Block Grant Act of 1990 (42 
U.S.C. 9858n(b)). 
(IV) $9,600,000,000 for each of 
the fiscal years 2022 through 2027 to 
carry out the program of grants to lo-
calities in subsection (i). 
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267 
(ii) DEFINITION.—For purposes of 
this paragraph, the term ‘‘State’’ means 
the 50 States, the District of Columbia, 
and the Commonwealth of Puerto Rico. 
(B) PAYMENTS.— 
(i) INDIAN TRIBES, TRIBAL ORGANIZA-
TIONS, AND
URBAN
INDIAN
ORGANIZA-
TIONS.— 
(I) IN
GENERAL.—For each of 
fiscal years 2022 through 2024, from 
the 
amount 
reserved 
for 
Indian 
Tribes, 
Tribal 
organizations, 
and 
Urban Indian organizations under 
subparagraph (A)(i)(I), the Secretary 
shall make payments to Indian Tribes, 
Tribal organizations, and Urban In-
dian organizations, and the Tribes, 
Tribal organizations, and Indian orga-
nizations shall be entitled to such pay-
ments, for carrying out programs or 
activities consistent with the objectives 
of this section. 
(II) APPLICATIONS.—An Indian 
Tribe, Tribal organization, or Urban 
Indian organization seeking a pay-
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268 
ment under clause (ii)(II) shall submit 
an application to the Secretary at 
such time, in such manner, and con-
taining such information as the Sec-
retary may specify, including the 
agreement described in subsection 
(f)(4)(K). 
(ii) TERRITORIES.— 
(I) IN
GENERAL.—For each of 
fiscal years 2022 through 2024, from 
the amount reserved for territories 
under subsection (A)(i)(II), the Sec-
retary shall make payments to the ter-
ritories specified in that paragraph, 
and the territories shall be entitled to 
such payments, for carrying out pro-
grams or activities consistent with the 
objectives of this section. 
(II) APPLICATIONS.—A territory 
specified in clause (i)(II) seeking a 
payment under this clause shall sub-
mit an application to the Secretary at 
such time, in such manner, and con-
taining such information as the Sec-
retary may specify, including the 
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agreement described in subsection 
(f)(4)(K). 
(iii) STATES.—For each of fiscal years 
2022 through 2024, each State that has 
an application approved under subsection 
(f) shall be entitled to a payment under 
this clause in the amount equal to its allot-
ment under subparagraph (A) for such fis-
cal year. 
(C) AUTHORITIES.—Notwithstanding any 
other provision of this paragraph, for each of 
fiscal years 2022 through 2024, the Secretary 
shall have the authority to reallot funds that 
were allotted under subparagraph (A) from any 
State without an approved application under 
subsection (f) by the date required by the Sec-
retary, to States with approved applications 
under that subsection, to Tribes with an ap-
proved application under subparagraph (A)(ii), 
and to territories with an approved application 
under . 
(2) 
PAYMENTS
FOR
FISCAL
YEARS
2025 
THROUGH 2027.— 
(A) IN GENERAL.—For each of fiscal years 
2025 through 2027: 
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270 
(i) CHILD CARE ASSISTANCE FOR ELI-
GIBLE CHILDREN.— 
(I) IN GENERAL.—The Secretary 
shall pay to each State with an ap-
proved application under subsection 
(f), and that State shall be entitled to, 
an amount for each quarter equal to 
90 percent of expenditures in the 
quarter for child care assistance for 
eligible children described under sub-
section (h)(2)(B). The Secretary shall 
pay to each State with an approved 
application under subsection (f), and 
that State shall be entitled to, an 
amount for each quarter equal to 90 
percent of expenditures in the quarter 
for the components of the child care 
entitlement program described under 
subsection (h)(2)(B). 
(II) 
EXCEPTION.—Funds 
re-
served from the amount under sub-
section (h)(2)(C) shall be subject to 
clause (ii). 
(ii) ACTIVITIES
TO
IMPROVE
THE 
QUALITY
AND
SUPPLY
OF
CHILD
CARE 
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271 
SERVICES.—The Secretary shall pay to 
each State with such an approved applica-
tion, and that State shall be entitled to, an 
amount for each quarter equal to the 
FMAP of expenditures in the quarter to 
carry out the quality and supply building 
activities under subsection (h)(2)(C) sub-
ject to the limit specified in clause (i) of 
such subsection. 
(iii) 
ADMINISTRATION.—The 
Sec-
retary shall pay to each State with such an 
approved application, and that State shall 
be entitled to, an amount for each quarter 
equal to 50 percent of expenditures in the 
quarter for the costs of administration in-
curred by the State— 
(I) which shall include reasonable 
costs incurred by the State in car-
rying out the child care program es-
tablished in this section; and 
(II) which may include, at the 
option of the State, costs associated 
with carrying out requirements, poli-
cies, and procedures described in sec-
tion 658H of the Child Care and De-
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272 
velopment 
Block 
Grant 
Act 
(42 
U.S.C. 9858f). 
(B) ADVANCE PAYMENT; RETROSPECTIVE 
ADJUSTMENT.—For each of fiscal years 2025 
through 2027, the Secretary may make pay-
ments under this subsection for each quarter on 
the basis of advance estimates of expenditures 
submitted by the State and such other inves-
tigation as the Secretary may find necessary, 
and shall reduce or increase the payments as 
necessary to adjust for any overpayment or un-
derpayment for previous quarters. 
(C) 
FLEXIBILITY
IN
SUBMITTAL
OF 
CLAIMS.—Nothing in this subsection shall be 
construed as preventing a State from claiming 
as expenditures in a quarter expenditures that 
were incurred in a previous quarter and not 
claimed in such previous quarter. 
(D) TERRITORIES AND TRIBES.—For each 
of fiscal years 2025 through 2027, the Sec-
retary shall make payments to territories, and 
Indian tribes, tribal organizations, and Urban 
Indian organizations, with applications sub-
mitted as described in subsection (a), and ap-
proved by the Secretary. The territories, Indian 
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273 
tribes, tribal organizations, and Urban Indian 
organizations shall be entitled to such payments 
to carry out the activities described in sub-
section (h)(2). 
(h) USE OF FUNDS.— 
(1) USE OF FUNDS FOR TRANSITION YEARS.— 
For each of fiscal years 2022 through 2024, a State 
that receives a payment under subsection (g)(1) 
shall reserve and use— 
(A) 50 percent of such payment for activi-
ties to— 
(i) expand access to child care assist-
ance for eligible children (with priority for 
providing access for children in families 
with incomes less than 85 percent of the 
State median income); and 
(ii) increase child care provider pay-
ment rates to support the cost of providing 
high-quality child care services, including 
rates sufficient to support increased wages 
for staff of eligible child care providers; 
(B) 25 percent of such payment for activi-
ties described in subsection (b)(3); and 
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274 
(C) 25 percent for activities under sub-
paragraph (A) or activities under subparagraph 
(B), as determined by the State. 
(2) USE OF FUNDS FOR FISCAL YEARS 2025 
THROUGH 2027.— 
(A) IN GENERAL.—Starting on October 1, 
2024, a State shall use amounts provided to the 
State under subsection (g)(2) for child care 
services (provided on a sliding fee scale basis), 
activities to improve the quality and supply of 
child care services, and State administration. 
(B) CHILD CARE ASSISTANCE FOR ELIGI-
BLE CHILDREN.— 
(i) IN GENERAL.—The State shall en-
sure that parents of eligible children can 
access child care services provided by an 
eligible child care provider through a grant 
or contract under clause (ii) or a certifi-
cate under clause (iii). 
(ii) GRANTS
AND
CONTRACTS.—The 
State shall award grants or contracts to el-
igible child care providers, consistent with 
the requirements under this section, for 
the provision of child care services for eli-
gible children that, at minimum, support 
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275 
providers’ operating expenses to meet and 
sustain health, safety, quality, and wage 
standards required under this section. 
(iii) CERTIFICATES.—The State shall 
issue a child care certificate directly to a 
child care provider on behalf of a parent 
who may use such certificate only as pay-
ment for child care services or as a deposit 
for child care services if such a deposit is 
required of other children being cared for 
by the provider, consistent with the re-
quirements under this section. 
(C) ACTIVITIES TO IMPROVE THE QUALITY 
AND SUPPLY OF CHILD CARE SERVICES.— 
(i) QUALITY
CHILD
CARE
ACTIVI-
TIES.— 
(I) AMOUNT.—For each of fiscal 
years 2025 through 2027, from the 
total of the annual payments made to 
the State for a particular fiscal year, 
the State shall reserve and use a qual-
ity child care amount equal to not less 
than 5 percent and not more than 10 
percent of the amount made available 
to the State through such payments 
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for that particular fiscal year (and 
shall reserve and use a proportional 
amount from each quarterly payment 
made to the State for that particular 
fiscal year). 
(II) USE
OF
QUALITY
CHILD 
CARE AMOUNT.—Each State shall use 
the quality child care amount de-
scribed in subclause (I) to implement 
activities described in subparagraphs 
(B) and (C) that increase the quality 
and supply of eligible child care pro-
viders, and the number of available 
slots in the State for child care serv-
ices 
funded 
under 
this 
section, 
prioritizing assistance for child care 
providers who are in underserved com-
munities and who are providing, or 
are seeking to provide, child care serv-
ices for underserved populations iden-
tified in subsection (f)(4)(H). 
(III) ADMINISTRATION.—Assist-
ance provided under this subpara-
graph may be administered— 
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(aa) directly by the lead 
agency; or 
(bb) through other State 
government agencies, local or re-
gional child care resource and re-
ferral organizations, community 
development 
financial 
institu-
tions, other intermediaries with 
experience supporting child care 
providers, or other appropriate 
entities that enter into a contract 
with the State to provide such 
assistance. 
(ii) 
ACTIVITIES.—Activities 
funded 
under the quality child care amount de-
scribed in clause (i) shall include each of 
the following: 
(I) STARTUP GRANTS AND SUP-
PLY EXPANSION GRANTS.— 
(aa) IN GENERAL.—From a 
portion of the quality child care 
amount, a State shall make start-
up and supply expansion grants 
to support child care providers 
who are providing, or seeking to 
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provide, child care services to 
children 
receiving 
assistance 
under this section, with priority 
for providers providing or seeking 
to provide child care in under-
served communities and for un-
derserved populations identified 
in subsection (f)(4)(H), to— 
(AA) support startup 
and expansion costs; and 
(BB) assist such pro-
viders in meeting health and 
safety 
requirements 
and 
achieving licensure. 
(bb) REQUIREMENT.—As a 
condition of receiving a startup 
or supply expansion grant under 
this subclause, a child care pro-
vider shall commit to meeting the 
requirements of an eligible pro-
vider under this section, and pro-
viding child care services to chil-
dren receiving assistance under 
this section on an ongoing basis. 
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(II) QUALITY GRANTS.—From a 
portion of the quality child care 
amount, a State shall provide quality 
grants to eligible child care providers 
providing child care services to chil-
dren receiving assistance under this 
section to improve the quality of such 
providers, including— 
(aa) supporting such pro-
viders in meeting or making 
progress toward the requirements 
for the highest tier of the State’s 
tiered system for measuring the 
quality of child care providers 
under subsection (f)(4)(B); and 
(bb) supporting such pro-
viders in sustaining child care 
quality. 
(III) FACILITIES GRANTS.— 
(aa) IN GENERAL.—From a 
portion of the quality child care 
amount, a State shall provide 
support, 
including 
through 
awarding facilities grants, for re-
modeling, renovation, or repair of 
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a building or facility to the ex-
tent 
permitted 
under 
section 
658F(b) of the Child Care and 
Development Block Grant Act of 
1990 (42 U.S.C. 9858). 
(bb) ADDITIONAL
USES.— 
For fiscal years 2022 through 
2024, and in subsequent years 
with approval from the Secretary, 
a State may provide such facili-
ties grants for construction, per-
manent improvement, or major 
renovation of a building or facil-
ity primarily used for providing 
child care services, in accordance 
with the following: 
(AA) Federal interest 
provisions will not apply to 
the renovation or rebuilding 
of 
privately-owned 
family 
child care homes under this 
subclause. 
(BB) Eligible child care 
providers may not use funds 
for buildings or facilities 
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that are used primarily for 
sectarian instruction or reli-
gious worship. 
(CC) 
The 
Secretary 
shall develop parameters on 
the use of funds under this 
subclause for family child 
care homes. 
(DD) 
The 
Secretary 
shall not retain Federal in-
terest after a period of 10 
years in any facility built, 
renovated, or repaired with 
funds awarded under this 
subclause. 
(IV) ADDITIONAL ACTIVITIES TO 
IMPROVE
THE
QUALITY
OF
CHILD 
CARE SERVICES.—A State shall use a 
portion of the quality child care 
amount to improve the quality of child 
care services, which shall include— 
(aa) supporting the training 
and professional development of 
the early childhood workforce, in-
cluding supporting degree attain-
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ment and credentialing for early 
childhood educators; 
(bb) 
developing, 
imple-
menting, 
or 
enhancing 
the 
State’s tiered system for meas-
uring the quality of child care 
providers 
under 
subsection 
(f)(4)(B); 
(cc) improving the supply 
and quality of developmentally 
appropriate child care programs 
and services for underserved pop-
ulations described in subsection 
(f)(4)(H); 
(dd) improving access to 
child care services for children 
experiencing homelessness and 
children in foster care; and 
(ee) other activities to im-
prove the supply and quality of 
child care services, including ac-
tivities described in paragraphs 
(1) through (10) of section 
658G(b) of the Child Care and 
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Development Block Grant Act of 
1990 42 U.S.C. 9858e). 
(V) TECHNICAL
ASSISTANCE.— 
From a portion of the quality child 
care amount, the State shall provide 
technical assistance to increase the 
supply and quality of eligible child 
care providers who are providing, or 
seeking to provide, child care services 
to children receiving assistance under 
this section, including providing sup-
port to enable providers to achieve li-
censure. 
(i) GRANTS TO LOCALITIES.— 
(1) DEFINITION OF ELIGIBLE LOCALITY.—–In 
this subsection the term ‘‘eligible locality’’ means a 
city, county, or other unit of general local govern-
ment, or a Head Start grantee. 
(2)(A) IN GENERAL.—The Secretary shall use 
funds reserved in subsection (g)(1)(A)(i)(IV)) to 
award local Birth through Five Child Care and 
Early Learning Grants to eligible localities located 
in States that have made it apparent that they will 
not apply for payments under subsection (f). The 
Secretary shall award the grants to eligible localities 
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in a State from the allotment made for that State 
under subparagraph (B). The Secretary shall specify 
the requirements for an eligible locality to provide 
access to child care to children in families with in-
come that does not exceed 200 percent of the Fed-
eral poverty level, which shall, to the greatest extent 
practicable, be consistent with the requirements ap-
plicable to States under this section. 
(B) APPLICATION.—To receive a grant 
from the corresponding State allotment under 
this subsection, an eligible locality shall submit 
an application to the Secretary at such time, in 
such manner, and containing such information 
as the Secretary may require. The requirements 
for the application shall, to the greatest extent 
practicable, be consistent with the State plan 
requirements applicable to States under this 
subsection (f). 
(C) PRIORITY
FOR
LOCALITIES
SERVING 
UNDERSERVED POPULATIONS.—In awarding a 
grant under this paragraph, the Secretary, shall 
give priority to eligible localities seeking to 
serve underserved populations. 
(j) PROGRAM REQUIREMENTS.— 
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(1) NONDISCRIMINATION.—The following provi-
sions of law shall apply to any program or activity 
that receives funds provided under this section: 
(A) Title IX of the Education Amendments 
of 1972 (20 U.S.C. 1681 et seq.). 
(B) Title VI of the Civil Rights Act of 
1964 (42 U.S.C. 2000d et seq.). 
(C) Section 504 of the Rehabilitation Act 
of 1973 (29 U.S.C. 794). 
(D) The Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.). 
(E) Section 654 of the Head Start Act (42 
U.S.C. 9849). 
(2) MAINTENANCE OF EFFORT.—To be eligible 
to receive a grant under this section, a State shall 
that receives payments under this section for a fiscal 
year, in using the funds made available through the 
payments, shall maintain child care assistance for 
families at levels not less than the levels provided by 
the State in fiscal year 2021. The Secretary shall 
determine the State expenditures allowable under 
this requirement. 
(k) MONITORING AND ENFORCEMENT.— 
(1) REVIEW OF COMPLIANCE WITH REQUIRE-
MENTS AND STATE PLAN.—The Secretary shall re-
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view and monitor State compliance with this section 
and the plan described in subsection (f)(4) of the 
State. 
(2) ISSUANCE OF RULE.—The Secretary shall 
establish by rule procedures for— 
(A) receiving, processing, and determining 
the validity of complaints or findings concerning 
any failure of a State to comply with the State 
plan or any other requirement of this section; 
(B) notifying a State when the Secretary 
has determined there has been a failure by the 
State to comply with a requirement of this sec-
tion; and 
(C) imposing sanctions under this sub-
section for such a failure. 
(l) ADMINISTRATION.—Using funds reserved under 
subsection (b)(2), the Secretary shall provide technical as-
sistance to States, territories and Indian Tribes and carry 
out research, evaluations, and administration related to 
this section. 
(m) TRANSITION PROVISIONS.— 
(1) TREATMENT OF CHILD CARE AND DEVEL-
OPMENT BLOCK GRANT FUNDS.—For each of fiscal 
years 2025, 2026, and 2027, a State receiving as-
sistance under this section shall not use more than 
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10 percent of any funds received under the Child 
Care and Development Block Grant Act of 1990 to 
provide child care assistance to children under the 
age of 6, who 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 (42 U.S.C. 9857 et seq.) on the date funding 
is first allocated to the lead agency under this sec-
tion— 
(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). 
SEC. 23002. UNIVERSAL PRESCHOOL. 
(a) DEFINITIONS.—In this section: 
(1) CHILD
EXPERIENCING
HOMELESSNESS.— 
The term ‘‘child experiencing homelessness’’ means 
an individual who is a homeless child or youth under 
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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 low-income 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 means of section 636 of the Head Start Act (42 
U.S.C. 9831). 
(4) 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). 
(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. 
(6) ELIGIBLE PROVIDER.—The term ‘‘eligible 
provider’’ means— 
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(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 
community– or neighborhood–based network of 
licensed family child care providers; or 
(D) a consortium of entities described in 
any of subparagraphs (A), (B), and (C). 
(7) 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. 450b). 
(8) 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. 
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(9) POVERTY GUIDELINES.—The term ‘‘poverty 
guidelines’’ means the poverty guidelines updated 
periodically in the Federal Register by the Depart-
ment of Health and Human Services under the au-
thority of section 673 of the Community Services 
Block Grant Act (42 U.S.C. 9902). 
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Health and Human Services. 
(11) STATE.—The term ‘‘State’’ means each of 
the several States and the District of Columbia. 
(12) 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. 
(13) TRIBAL ORGANIZATION.—The term ‘‘Trib-
al organization’’ has the meaning given the term 
‘‘tribal organization’’ in section 658P of the Child 
Care and Development Block Grant Act of 1990 (42 
U.S.C. 9858n). 
(14) URBAN INDIAN ORGANIZATION.—The term 
‘‘Urban Indian organization’’ has the meaning given 
the term in section 4 of the Indian Health Care Im-
provement Act (25 U.S.C. 1602). 
(b) UNIVERSAL PRESCHOOL.— 
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(1) APPROPRIATION.—In addition to amounts 
otherwise available, there is appropriated to the Sec-
retary for each of fiscal years 2022 through 2028, 
out of any money in the Treasury not otherwise ap-
propriated, such sums as may be necessary to carry 
out this section and provide the Federal share of the 
cost of universal, high-quality, free, inclusive, and 
mixed delivery preschool services, on a voluntary 
basis, to children throughout the States under this 
section, including providing the Federal share of the 
cost of State activities described in subsection (c)(4). 
(2) SECRETARIAL
RESERVATIONS.—The Sec-
retary, in collaboration with the Secretary of Edu-
cation, shall reserve, from the amount appropriated 
under this subsection— 
(A) not less than 4 percent for payments 
to Indian Tribes, Tribal organizations, and 
Urban Indian organizations for activities de-
scribed in this section; 
(B) not more than 1⁄2 of 1 percent for the 
territories, to be distributed among the terri-
tories on the basis of their relative need, as de-
termined by the Secretary of Health and 
Human Services in accordance with the objec-
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tives of this section, for activities described in 
this section; 
(C) 1⁄2 of 1 percent for eligible local enti-
ties that serve children in families who are en-
gaged in migrant or seasonal agricultural labor, 
for activities described in this section; 
(D) for Federal activities, including admin-
istration, monitoring, technical assistance, and 
research— 
(i) $165,000,000 for fiscal year 2022 
and $200,000,000 for fiscal year 2023; 
and 
(ii) for each of fiscal years 2025 
through 2028, not more than 2 percent; 
(E) $2,500,000,000 for each of fiscal years 
2022 through 2027 to improve compensation of 
Head Start staff consistent with subparagraphs 
(A)(i) and (B)(viii) of section 640(a)(5) of the 
Head Start Act (42 U.S.C. 9835(a)(5)), not-
withstanding section 653(a)(1) of such Act (43 
U.S.C. 9848(a)(1); and 
(F) $1,250,000,000 annually for each of 
fiscal years 2023 through 2028 to carry out the 
program of grants to localities described in sub-
section (e). 
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(c) PAYMENTS FOR STATE UNIVERSAL PRESCHOOL 
SERVICES.— 
(1) IN GENERAL.—A State that has submitted, 
and had approved by the Secretary, a State plan for 
universal preschool services is entitled to a payment 
under this subsection. 
(2) PAYMENTS TO STATES.— 
(A) PRESCHOOL
SERVICES.—The Sec-
retary shall pay to each State with an approved 
State plan under paragraph (6), an amount for 
each year equal to— 
(i) 100 percent of the State’s expendi-
tures in the year for preschool services de-
scribed in subsection (d), for each of fiscal 
years 2022, 2023, and 2024; 
(ii) 90 percent of the State’s expendi-
tures in the year for such preschool serv-
ices, for fiscal year 2025; 
(iii) 80 percent of the State’s expendi-
tures in the year for such preschool serv-
ices, for fiscal year 2026; 
(iv) 70 percent of the State’s expendi-
tures in the year for such preschool serv-
ices, for fiscal year 2027; and 
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(v) 60 percent of the State’s expendi-
tures in the year for such preschool serv-
ices, for fiscal year 2028. 
(B) STATE
ACTIVITIES.—The Secretary 
shall pay to each State with an approved State 
plan under paragraph (6) an amount for a fis-
cal year equal to 50 percent of the amount of 
the State’s expenditures for the activities de-
scribed in paragraph (4), except that in no case 
shall a payment for a fiscal year under this sub-
paragraph exceed the amount equal to 10 per-
cent of the State’s expenditures described in 
subparagraph (A) for such fiscal year. 
(C) NON-FEDERAL SHARE.—The remain-
der of the cost paid by the State for preschool 
services, that is not provided under subpara-
graph (A), shall be considered the non-Federal 
share of the cost of those services. The remain-
der of the cost paid by the State for State ac-
tivities, that is not provided under subpara-
graph (B), shall be considered the non-Federal 
share of the cost of those activities. 
(3) ADVANCE
PAYMENT; RETROSPECTIVE
AD-
JUSTMENT.—The Secretary may make a payment 
under subparagraph (A) or (B) of paragraph (2) for 
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a year on the basis of advance estimates of expendi-
tures submitted by the State and such other inves-
tigation as the Secretary may find necessary, and 
may reduce or increase the payment as necessary to 
adjust for any overpayment or underpayment for a 
previous year. 
(4) STATE ACTIVITIES.—A State that receives a 
payment under paragraph (2)(B) shall carry out all 
of the following activities: 
(A) State administration of the State’s 
preschool services program described in this 
section. 
(B) Supporting a continuous quality im-
provement system through the use of data, re-
searching, monitoring, training, technical assist-
ance, professional development, and coaching to 
support providers participating or seeking to 
participate in the State’s preschool services pro-
gram and to support such providers in meeting 
the requirements of this section. 
(C) Providing outreach and enrollment 
support for families of eligible children, includ-
ing specific outreach to families of underserved 
populations. 
(D) Supporting data systems building. 
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(E) Supporting staff of eligible providers 
in pursuing credentials and degrees, including 
baccalaureate degrees. 
(F) Supporting activities that ensure ac-
cess to inclusive preschool programs for chil-
dren with disabilities, including, as applicable, 
activities that redesign or restructure existing 
preschool programs, as of the date of the activ-
ity, to improve inclusive services for children 
with disabilities. 
(G) Providing age-appropriate transpor-
tation services for children, which at a min-
imum shall include transportation services for 
children experiencing homelessness and children 
in foster care. 
(H) Conducting or updating the State’s 
statewide needs assessment used for purposes 
of paragraph (6)(B)(ii). 
(5) LEAD AGENCY.—The Governor of a State 
desiring to receive a payment under this subsection 
shall designate a State lead agency (such as a State 
agency or joint interagency office) for the adminis-
tration of the universal preschool services program 
under this section. 
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(6) STATE PLAN.—In order to be eligible for 
payments under this section, the Governor of a State 
shall submit a State plan for universal, high-quality, 
free, inclusive, and mixed delivery preschool services 
to the Secretary for approval at such time, in such 
manner, and containing such information as the Sec-
retary, in collaboration with the Secretary of Edu-
cation, may require. Such plan shall include each of 
the following: 
(A) A certification that the State has in 
place developmentally appropriate, evidence- 
based preschool standards that, at a minimum 
are as rigorous as the standards specified in 
subparagraph (B) of section 641A(a)(1) of the 
Head Start Act (42 U.S.C. 9836a(a)(1)) and 
include program standards for class sizes and 
ratios. 
(B) A certification that the State will 
prioritize the establishment and expansion of 
universal, high-quality, free, inclusive, and 
mixed delivery preschool services in high-need 
communities, as identified by the State, includ-
ing— 
(i) a description of which high-need 
communities the State will prioritize for 
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that establishment and expansion within 
and across those communities; 
(ii) a description of how the State de-
termined which communities are high-need 
communities, including how the State used 
a research-based methodology, approved by 
the Secretary, to identify and serve such 
communities, as determined by— 
(I) the rate of poverty among eli-
gible children in the community; 
(II) rates of access to high-qual-
ity preschool within the community, 
including, as applicable, rates of dis-
parities for underserved or vulnerable 
populations as identified through a 
periodic needs assessment conducted 
through the preschool development 
grants program under section 9212 of 
the Every Student Succeeds Act (42 
U.S.C. 9831 note) as applicable, or 
through another such statewide needs 
assessment; and 
(III) other indicators of commu-
nity need as required by the Sec-
retary; and 
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(iii) an assurance that the State will 
distribute funding for such preschool serv-
ices under this section within such a high- 
need community so that a majority of chil-
dren in the community are offered such 
preschool services before the State estab-
lishes and expands free preschool services 
in communities with lower levels of need. 
(C) As applicable, a description of how the 
State plans to use funding provided under this 
section to ensure that existing (as of the date 
of submission of the State plan) publicly funded 
preschool programs in the State meet the re-
quirements of this section for a preschool pro-
gram. 
(D) A certification that the State will, in 
establishing and operating the program of pre-
school services supported under this section, 
support a mixed delivery preschool system, in-
cluding a certification that the State will facili-
tate the participation in the system of Head 
Start programs and programs offered by other 
eligible providers, including providers of li-
censed family child care). 
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(E) An assurance that the State will use 
funding provided under this section to ensure 
children with disabilities have access to and 
participate in inclusive preschool programs con-
sistent with provisions in the Individuals with 
Disabilities Education Act, including an assur-
ance that the State will offer inclusive program-
ming that supports the least restrictive environ-
ment requirements in Section 619 of the Indi-
viduals with Disabilities Act for all eligible chil-
dren who are children with disabilities. 
(F) A certification that the State will sup-
port the continuous quality improvement of pro-
grams providing preschool services under this 
section, including support through technical as-
sistance, monitoring, and research. 
(G) A certification that the State will en-
sure a highly qualified early childhood work-
force to support the requirements of this sec-
tion. 
(H) A description of how the State will co-
ordinate the State’s preschool standards de-
scribed in subparagraph (A) with other early 
learning standards within the State. 
(I) A description of how the State will— 
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301 
(i) coordinate services and funding 
provided under this section with services 
and funding for other Federal, State, and 
local child care and early childhood devel-
opment programs; 
(ii) at the option of an Indian Tribe 
or Tribal organization in the State, col-
laborate and coordinate services and fund-
ing with such Indian Tribe or Tribal orga-
nization; 
(iii) partner with Head Start agencies 
to ensure the full utilization of Head Start 
programs within the State; 
(iv) collaborate with entities carrying 
out programs under section 619 or part C 
of the Individuals with Disabilities Edu-
cation Act, to support inclusive preschool 
programs; and 
(v) improve transitions of children 
from early childhood education to elemen-
tary school. 
(J) An assurance that the State will part-
ner with not less than 1 institution of higher 
education to facilitate degree attainment for 
staff of preschool programs. 
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(K) An assurance that the State will en-
sure all preschool services in the State funded 
under this section will be— 
(i)(I) universally available to all chil-
dren in the State without any additional 
eligibility requirements; and 
(II) be high quality, free, and in-
clusive; 
(ii) by not later than 1 year after re-
ceiving such funding, meet the State’s pre-
school education standards described in 
subparagraph (A); 
(iii) offer programming that meets the 
duration requirements of at least 1,020 an-
nual hours, in the program performance 
standards applicable to Head Start pro-
grams described in section 641A of the 
Head Start Act (42 U.S.C. 9836a); 
(iv) adopt policies and practices to 
conduct outreach and provide expedited en-
rollment, including prioritization, to— 
(I) children experiencing home-
lessness; 
(II) children in foster care or 
kinship care; 
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(III) children in families who are 
engaged in migrant or seasonal agri-
cultural labor; 
(IV) children with disabilities, in-
cluding children served under part C 
of the Individuals with Disabilities 
Education Act who are an eligible 
child under section 101(a)(3) of this 
Act; and 
(V) dual language learners; 
(v) provide salaries, and set salary 
schedules, for staff that are equivalent to 
salaries of elementary school staff with 
similar credentials and experience; 
(vi) at a minimum, provide a living 
wage for all staff of such providers; and 
(vii) require educational qualifications 
for teachers (excluding individuals who 
were employed by an eligible child care 
provider or early education program for a 
cumulative three of the last five years from 
the date of enactment and have the nec-
essary content knowledge and teaching 
skills for early childhood educators, as 
demonstrated through measures deter-
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304 
mined by the State) in the preschool pro-
gram including, at a minimum, requiring 
that lead teachers in the preschool pro-
gram have a baccalaureate degree in early 
childhood education or a related field by 
not later than 7 years after the date of en-
actment of this Act (The requirements 
specified in this clause shall not apply to 
individuals who were employed by an eligi-
ble child care provider or early education 
program for a cumulative 3 of the last 5 
years from the date of enactment and have 
the necessary content knowledge and 
teaching skills for early childhood edu-
cators, as demonstrated through measures 
determined by the State.). 
(L) An assurance that the State will meet 
the requirements of clauses (ii) and (iii) of sec-
tion 658E(c)(2)(T) of the Child Care and De-
velopment Block Grant Act of 1990 (42 U.S.C. 
9858c(c)(2)(T)), with respect to funding and 
assessments under this section. 
(M) A certification that subgrant amounts 
described under subsection (d) are sufficient to 
enable the eligible provider to meet the require-
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ments of this title, and will provide for in-
creased staff payment amounts based on the 
criteria described in (K)(v) and (vi). 
(N) A certification that preschool seats will 
be distributed equitably among child care (in-
cluding family child care), Head Start, and 
schools within the State. 
(7) DURATION OF THE PLAN.—Each State plan 
shall remain in effect for a period of 3 years. 
Amendments to the State plan shall remain in effect 
for the duration of the plan. 
(8) Transitional State Plan—The Secretary 
shall make available a transitional State plan for a 
period of one year that contains such information as 
the Secretary may require, to demonstrate the State 
will meet the requirements of this title and that in-
cludes— 
(A) an assurance that the State will sub-
mit a State plan under paragraph (6); and 
(B) a description of how the funds received 
by the State under this title will be spent to ex-
pand access to universal, high-quality, free, in-
clusive, and mixed delivery preschool programs 
in alignment with the requirements of this title. 
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(d) SUBGRANTS AND CONTRACTS FOR LOCAL PRE-
SCHOOL PROGRAMS.— 
(1) SUBGRANTS AND CONTRACTS.— 
(A) IN GENERAL.—A State that receives a 
payment under subsection (c)(2)(A) for a fiscal 
year shall use amounts provided through the 
payment to pay the Federal share of the costs 
of subgrants to, or contracts with, eligible pro-
viders to operate universal, high-quality, free, 
inclusive, and mixed delivery preschool pro-
grams through the State preschool program in 
accordance with paragraph (2). A State shall 
reduce or increase the amounts provided under 
such subgrants or contracts if needed to adjust 
for any overpayment or underpayment de-
scribed in subsection (c)(3). 
(B) AMOUNT.—A State shall award a 
subgrant or contract under this subsection in a 
sufficient amount to enable the eligible provider 
to operate a universal, high-quality, free, and 
inclusive preschool program that meets the re-
quirements of subsection (c)(6)(K) and which 
amount shall reflect variations in the cost of 
preschool services by geographic area, type of 
provider, and age of child, and the additional 
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307 
costs associated with providing inclusive pre-
school services for children with disabilities . 
(C) DURATION.—The State shall award a 
subgrant or contract under this subsection for 
a period of not less than 3 years, unless the 
subgrant or contract is terminated or sus-
pended, or the subgrant period is reduced, for 
cause. 
(2) ENHANCED
PAYMENTS
FOR
COMPREHEN-
SIVE
SERVICES.—In awarding subgrants or con-
tracts under this subsection and in addition to meet-
ing the requirements of paragraph (1)(B), the State 
shall award subgrants or contracts with enhanced 
payments to eligible providers that offer preschool 
programs funded under this subsection to a high 
percentage of low-income children to support— 
(A) comprehensive services, including so-
cial, emotional and other services that support 
child well-being; 
(B) health and developmental screenings; 
and 
(C) service referral for children and fami-
lies served by the program involved. 
(3) ESTABLISHING AND EXPANDING UNIVERSAL 
PRESCHOOL PROGRAMS.— 
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308 
(A) ESTABLISHING AND EXPANDING UNI-
VERSAL PRESCHOOL PROGRAMS IN HIGH-NEED 
COMMUNITIES.—In awarding subgrants or con-
tracts under this subsection, the State shall 
first prioritize establishing and expanding uni-
versal preschool programs within and across 
high-need communities identified under sub-
section (c)(6)(B) by awarding subgrants or con-
tracts to eligible providers operating within, or 
with capacity to operate within and across, such 
high-need communities. Such subgrants or con-
tracts shall be used to enroll and serve children 
in the preschool program, including— 
(i) personnel (including classroom and 
administrative personnel), including com-
pensation and benefits; 
(ii) 
costs 
associated 
with 
imple-
menting the State’s preschool standards, 
providing curriculum sports, and meeting 
early learning and development standards; 
(iii) professional development, teacher 
supports, and training; 
(iv) implementing developmentally ap-
propriate health and safety standards (in-
cluding licensure, where applicable), teach-
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309 
er to child ratios, and group size maxi-
mums; 
(v) materials, equipment and supplies; 
(vi) meeting health and safety stand-
ards, including licensure; and 
(vii) rent or mortgage, utilities, build-
ing security, indoor and outdoor mainte-
nance, and insurance. 
(4) ESTABLISHING AND EXPANDING UNIVERSAL 
PRESCHOOL
PROGRAMS
IN
ADDITIONAL
COMMU-
NITIES.—Once a State that receives a payment 
under subsection (c)(2)(A) meets the requirements 
of paragraph (2) with respect to establishing and ex-
panding preschool programs within and across high- 
need communities, the State shall use any remaining 
funds from such payment to enroll and serve chil-
dren in preschool programs, as described in such 
paragraph, to additional communities in accordance 
with the statewide needs assessment used for pur-
poses of paragraph (6)(B)(ii). Such funds shall be 
used for the activities described in (2)(A)(i)–(viii). 
(e) GRANTS TO LOCALITIES.— 
(1) DEFINITIONS.—In this subsection: 
(A) ELIGIBLE LOCALITY.—The term ‘‘eli-
gible locality’’ means a city, county, or other 
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310 
unit of general local government, a local edu-
cational agency, or a Head Start agency. 
(B) LOW-INCOME
YOUNG
CHILD.—The 
term ‘‘low-income young child’’ means a child 
who is under age 6 and from a family with a 
family income that is not more than 200 per-
cent of the poverty guidelines. 
(2) IN
GENERAL.—The Secretary shall use 
funds reserved in subsection (b)(2)(F) to award local 
universal preschool grants to eligible localities lo-
cated in States that have made it apparent that they 
will not apply for payments under subsection 
(c)(2)(A). The Secretary shall award the grants to 
eligible localities in a State from the allotment made 
for that State under paragraph (3). The Secretary 
shall specify the requirements for an eligible locality 
to conduct a preschool services program under this 
subsection which shall, to the greatest extent prac-
ticable, be consistent with the requirements applica-
ble to States under this section, including ensuring 
a free, universal, high-quality, inclusive mixed deliv-
ery preschool system. 
(3) ALLOTMENTS.—For each State described in 
paragraph (2), the Secretary shall allot for the State 
an amount that bears the same relationship to the 
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funds reserved under subsection (b)(2)(F) as the 
number of low-income young children in the State 
bears to the total of all such children in States de-
scribed in paragraph (2). 
(4) APPLICATION.—To receive a grant from the 
corresponding State allotment under this subsection, 
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 
the greatest extent practicable, be consistent with 
the State plan requirements applicable to States 
under this section. 
(5) PRIORITY
FOR
LOCALITIES
SERVING
UN-
DERSERVED
COMMUNITIES.—In awarding a grant 
under this subsection, the Secretary, in collaboration 
with the Secretary of Education, shall give priority 
to eligible localities serving high-need communities, 
determined in accordance with subsection (d)(2)(B). 
(f) 
ALLOWABLE
SOURCES
OF
NON-FEDERAL 
SHARE.—For purposes of calculating the amount of the 
non-Federal share, as determined under subsection (c), re-
lating to a payment under such subsection, a State’s non- 
Federal share— 
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(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 
private organizations, or a combination of such 
sources and contributions and 
(5) shall count no more than 50 percent of the 
State’s current spending on prekindergarten pro-
grams (as of the date of enactment of this Act) to-
ward the State match. 
(g) MAINTENANCE OF EFFORT.— 
(1) IN GENERAL.—If a State reduces its com-
bined fiscal effort per child for the State’s preschool 
program (whether a publicly funded preschool pro-
gram or a program under this section) or through 
State supplemental assistance funds for Head Start 
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assistance center (referred to in this section as the ‘‘Cen-
ter’’) to— 
(1) provide technical assistance for supporting 
direct care workforce recruitment, education and 
training, retention, career advancement, and for sup-
porting family caregivers and caregiving activities; 
(2) develop and disseminate a set of replicable 
models or evidence-based or evidence-informed strat-
egies or best practices for— 
(A) recruitment, education and training, 
retention, and career advancement of direct 
care workers; 
(B) reducing barriers to accessing direct 
care services; and 
(C) increasing access to alternatives to di-
rect care services, including assistive tech-
nology, that reduce reliance on such services; 
(3) provide recommendations for education and 
training curricula for direct care workers; and 
(4) provide recommendations for activities to 
further support paid and unpaid family caregivers, 
including expanding respite care. 
(b) DIRECT CARE WORKER DEFINED.—The term 
‘‘direct care worker’’ has the meaning given such term in 
section 22301. 
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584 
awarded a planning grant under this section, the 
State shall submit an HCBS improvement plan for 
approval by the Secretary, along with assurances by 
the State that the State will implement the plan in 
accordance with the requirements of the HCBS Im-
provement Program established under subsection (jj) 
of section 1905 of the Social Security Act (42 
U.S.C. 1396d) (as added by section 30713). The 
Secretary shall approve and make publicly available 
the HCBS improvement plan for a State after the 
plan and such assurances are submitted to the Sec-
retary for approval and the Secretary determines the 
plan meets the requirements of subsection (c). A 
State may amend its HCBS improvement plan, sub-
ject to the approval of the Secretary that the plan 
as so amended meets the requirements of subsection 
(c). The Secretary may withhold or recoup funds 
provided under this section to a State or pursuant 
to section 1905(jj) of the Social Security Act, as 
added by section 30713, if the State fails to imple-
ment the HCBS improvement plan of the State or 
meet applicable deadlines under this section. 
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1054 
(E) $90,000,000 shall be used for such 
projects at the Brookhaven National Labora-
tory; 
(F) $265,000,000 shall be used for such 
projects at the Lawrence Berkeley National 
Laboratory; 
(G) $152,000,000 shall be used for such 
projects at the SLAC National Accelerator Lab-
oratory; 
(H) $100,000,000 shall be used for such 
projects at the Argonne National Laboratory; 
and 
(I) $127,250,000 shall be used for such 
projects at the Fermi National Accelerator Lab-
oratory. 
(b) ENERGY EFFICIENCY AND RENEWABLE ENERGY 
APPROPRIATION.—In addition to amounts otherwise avail-
able, there is appropriated to the Department of Energy 
Office of Energy Efficiency and Renewable Energy for fis-
cal year 2022, out of any money in the Treasury not other-
wise appropriated, $349,200,000, to remain available until 
September 30, 2026, to carry out laboratory infrastruc-
ture projects, of which— 
(1) $163,000,000 shall be used for the Energy 
Materials and Processing at Scale project; 
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1493 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), a worker certified as eligible 
to apply for adjustment assistance under sec-
tion 222 of the Trade Act of 1974 pursuant to 
a petition described in paragraph (1)(C) shall 
be eligible, on and after the date of the enact-
ment of this Act, to receive benefits only under 
the provisions of chapter 2 of title II of the 
Trade Act of 1974, as in effect on such date of 
enactment, or as such provisions may be 
amended after such date of enactment. 
(B) COMPUTATION
OF
MAXIMUM
BENE-
FITS.—Benefits received by a worker described 
in paragraph (1) under chapter 2 of title II of 
the Trade Act of 1974 before the date of the 
enactment of this Act shall be included in any 
determination of the maximum benefits for 
which the worker is eligible under the provisions 
of chapter 2 of title II of the Trade Act of 
1974, as in effect on the date of the enactment 
of this Act, or as such provisions may be 
amended after such date of enactment. 
(c) CONFORMING AMENDMENTS.— 
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(1) TRADE ACT OF 2002.—Section 151 of the 
Trade Act of 2002 (19 U.S.C. note prec. 2271) is 
amended by striking subsections (a), (b), and (c). 
(2) TRADE AND GLOBALIZATION ADJUSTMENT 
ASSISTANCE
ACT
OF
2009.—Section 1891 of the 
Trade and Globalization Adjustment Assistance Act 
of 2009 (19 U.S.C. 2271 note) is repealed. 
(3) TRADE ADJUSTMENT ASSISTANCE EXTEN-
SION ACT OF 2011.—The Trade Adjustment Assist-
ance Extension Act of 2011 is amended— 
(A) in section 201 (19 U.S.C. note prec. 
2271), by striking subsections (b) and (c); and 
(B) in section 231(a) (19 U.S.C. 2271 
note), by striking paragraphs (1)(B) and (2). 
(4) TRADE
ADJUSTMENT
ASSISTANCE
REAU-
THORIZATION ACT OF 2015.—The Trade Adjustment 
Assistance Reauthorization Act of 2015 is amend-
ed— 
(A) in section 402 (19 U.S.C. note prec. 
2271), by striking subsections (b) and (c); and 
(B) in section 405(a)(1) (19 U.S.C. 
2319(a)(1)), by striking subparagraph (B). 
(d) TRADE ADJUSTMENT ASSISTANCE FOR FIRMS.— 
(1) CERTIFICATION OF FIRMS NOT CERTIFIED 
BEFORE DATE OF ENACTMENT.— 
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