122 
(iii) recommendation of priorities for 
federally funded research and related de-
velopment that are related to the purposes 
of this section and those stated in section 
101. 
(e) ANNUAL REPORT.—The Secretary shall make an 
annual report to Congress— 
(1) summarizing— 
(A) the Secretary’s activities and accom-
plishments during the preceding year under this 
section; and 
(B) the grants, contracts, or other ar-
rangements entered into during the preceding 
year under this section; and 
(2) making such recommendations as the Sec-
retary may determine to be appropriate. 
(f) PLAN.—The Secretary shall develop, and periodi-
cally update, a plan governing the research, demonstra-
tion, and evaluation activities under this section. 
(g) OWNERSHIP OF RESULTS.—The Secretary shall 
take necessary steps to ensure that all studies, reports, 
proposals, and data produced or developed with Federal 
funds under this title shall become the property of the 
United States. 
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SEC. 138. REPORTS. 
(a) IN GENERAL.—At least once during every 2-year 
period, the Secretary shall prepare a report concerning the 
status of children (including low-income children, children 
with disabilities, dual language learner children, homeless 
children, children in foster care, children participating in 
child care and early learning programs on Indian land, 
and children participating in migrant or seasonal child 
care and early learning programs) participating in child 
care and early learning programs, including the number 
of participating children and the services being provided 
to such children. 
(b) CONTENTS.—Such report shall include— 
(1) a statement for the then most recently con-
cluded fiscal year specifying— 
(A) the amount of funds received, by prime 
sponsors that are designated under section 113, 
to provide child care and early learning services 
in a period before such fiscal year; and 
(B) the amount of funds received, by prime 
sponsors that are newly designated under sec-
tion 113, to provide such services in such fiscal 
year; 
(2) a description of the distribution of child 
care and early learning services relative to the dis-
tribution of children who are in need of child care 
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and early learning programs, including geographic 
distribution within States, and information on the 
number of children receiving those services; 
(3) a statement identifying how funds made 
available under section 112(a)(1) were distributed 
and used at national, regional, and local levels; 
(4) a statement specifying the amount of funds 
provided as the non-Federal share of the costs of 
child care and early learning programs, and the 
source of such funding; 
(5) the cost per child of carrying out child care 
and early learning programs, and how such cost var-
ies by region; 
(6) a description of the level and nature of par-
ticipation of parents and family members in child 
care and early learning programs as volunteers and 
in other capacities; 
(7) information concerning child care and early 
learning center staff, including salaries, education, 
training, experience, and staff turnover; 
(8) information concerning children partici-
pating in child care and early learning programs, in-
cluding information on family income, cultural back-
ground, racial and ethnic background, homelessness, 
whether such a child is in foster care or was referred 
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by a child welfare agency, disability, and whether the 
child’s family receives benefits under part A of title 
IV of the Social Security Act (42 U.S.C. 601 et 
seq.); 
(9) using data from the monitoring conducted 
under section 121— 
(A) a description of the extent to which 
programs funded under this title comply with 
program standards and regulations in effect 
under this title; 
(B) a description of the types and condi-
tion of facilities in which such programs are lo-
cated; and 
(C) the types of organizations that receive 
funds under this title through such programs; 
(10) a description of the types of services pro-
vided through the programs to children and their 
families, both on site and through referrals, includ-
ing services related to health, mental health, dental 
care, vision care, parenting education, physical fit-
ness, and literacy training; 
(11) information from a study of the delivery of 
child care and early learning programs to Indian 
children, to Native Hawaiian children, and to chil-
dren of migrant or seasonal farmworker families; 
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(12) information on the delivery of disability-re-
lated services in order to— 
(A) determine whether child care and early 
learning programs are making timely referrals 
to the State or local agency responsible for pro-
viding services under section 619 or part C of 
the Individuals with Disabilities Education Act 
(20 U.S.C. 1419, 1431 et seq.); 
(B) identify barriers to timely evaluations 
and eligibility determinations by the State or 
local agency responsible for providing services 
under section 619 or part C of the Individuals 
with Disabilities Education Act; and 
(C) determine under what circumstances 
and for what length of time child care and early 
learning programs are providing disability-re-
lated services for children who have not been 
determined under the Individuals with Disabil-
ities Education Act (20 U.S.C. 1400 et seq.) to 
be children with disabilities; and 
(13) information on how child care and early 
learning programs serve populations of low-income 
children, minority children, and dual language learn-
er children, the extent to which disparities exist in 
early learning outcomes of participants in such pro-
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grams, and how such programs address disparities 
in early learning outcomes. 
(c) SUBMISSION.—The Secretary shall submit each 
report prepared under subsection (a) to the Committee on 
Health, Education, Labor, and Pensions of the Senate and 
the Committee on Education and Labor of the House of 
Representatives. 
SEC. 139. NONDISCRIMINATION PROVISIONS. 
The Secretary shall establish nondiscrimination re-
quirements consistent with the requirements described in 
section 654 of the Head Start Act (42 U.S.C. 9849). The 
established requirements shall apply to the child care and 
early learning programs carried out under this title, and 
the prime sponsors carrying out such programs, as the 
case may be. 
SEC. 140. ADVANCE FUNDING. 
For the purpose of affording adequate notice of fund-
ing available under this title, appropriations for carrying 
out this title are authorized to be included in an appro-
priation Act for the fiscal year preceding the fiscal year 
for which the appropriations are available for obligation. 
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SEC. 141. PARENTAL CONSENT REQUIREMENT FOR NON-
EMERGENCY INTRUSIVE PHYSICAL EXAMINA-
TIONS. 
The Secretary shall establish a parental consent re-
quirement consistent with the requirement described in 
section 657A of the Head Start Act (42 U.S.C. 9852a). 
The established requirement shall apply to the child care 
and early learning programs carried out under this title, 
and the prime sponsors carrying out such programs, as 
the case may be. 
Subtitle D—Special Programs 
SEC. 151. SUPPLEMENTAL FUNDING TO PRIME SPONSORS. 
(a) IN GENERAL.—The Secretary is authorized to 
provide supplemental financial assistance for the activities 
described in subsection (b) or the purposes described in 
subsection (c), to prime sponsors, who— 
(1) demonstrate barriers— 
(A) to scaling the services and processes 
needed to fully implement the prime sponsors’ 
child care and early learning programs; and 
(B) to meeting the national program 
standards; and 
(2) need financial assistance, as determined by 
the Secretary, for those activities or purposes, re-
spectively. 
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(b) ACTIVITIES.—The Secretary may provide the sup-
plemental financial assistance for activities consisting of— 
(1) conducting a facilities review as described in 
section 132(b)(2) and accessing adequate facilities; 
(2) establishing coordination arrangements and 
processes with other entities, including local edu-
cational agencies and related entities, organizations 
delivering health and social services in the service 
area involved, and the State; 
(3) establishing training and professional devel-
opment protocols and processes under sections 135 
and 136; 
(4) meeting accreditation requirements; 
(5) providing supports to enable family child 
care home providers to participate as providers with-
in the child care and early learning program carried 
out by the prime sponsor involved and to enable the 
prime sponsor to meet the national program stand-
ards; 
(6) securing materials and resources for profes-
sional learning opportunities; and 
(7) other activities related to the establishment, 
expansion, and scaling of services and processes 
needed to fully implement the prime sponsor’s child 
care and early learning program and enable the 
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prime sponsor to meet the national program stand-
ards. 
(c) PURPOSES.—The Secretary may provide the sup-
plemental financial assistance to a prime sponsor that 
meets the requirements of subsection (a) and has difficulty 
in providing a non-Federal share because the prime spon-
sor serves an area with a high concentration of families 
with a family income of not more than, or slightly above, 
200 percent of the poverty line, for the purposes of in-
creasing the Federal share of the costs described in section 
121(c)(2)(A). 
SEC. 152. SPECIAL GRANTS TO STATES. 
(a) GRANTS.—On approving an application submitted 
by any State, the Secretary is authorized to provide a 
grant to the State for carrying out activities described in 
subsection (b). 
(b) USE OF FUNDS.—A State that receives a grant 
under subsection (a) may use the grant funds for— 
(1) identifying child care and early learning 
services goals and needs within the State; 
(2) assisting in the establishment of Child Care 
and Early Learning Councils and strengthening the 
capability of such Councils to effectively advise on 
the child care and early learning programs; 
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(3) encouraging the cooperation and participa-
tion of State agencies in providing child care and 
early learning services, including health, family plan-
ning, mental health, education, nutrition, family, so-
cial, and rehabilitative services if that cooperation 
and participation are requested by appropriate prime 
sponsors in the development and implementation of 
child care and early learning plans; 
(4) encouraging the full utilization of resources 
and facilities for child care and early learning pro-
grams within the State; 
(5) disseminating the results of research on 
child care and early learning programs; 
(6) conducting programs for the exchange of 
personnel involved in child care and early learning 
programs within the State; 
(7) assisting prime sponsors in the acquisition 
or improvement of facilities for child care and early 
learning programs; 
(8) assessing State and local licensing codes as 
the codes relate to child care and early learning pro-
grams within the State; 
(9) developing information useful in reviewing 
prime sponsorship plans described in section 113(a) 
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132 
and child care and early learning plans described in 
section 114(b); 
(10) facilitating collaboration among prime 
sponsors and delegate providers within the State; 
and 
(11) supporting a unified, birth-through-school- 
entry, early childhood system, including carrying out 
activities related to establishing braided or blended 
funding arrangements to promote the integration of 
services to children and families. 
(c) MAINTENANCE OF EFFORT.—No State or com-
munity shall reduce its expenditures for child care and 
early learning programs (including home-based child care 
and early learning programs) because of financial assist-
ance provided under this section. 
TITLE II—RELATED PROGRAMS 
SEC. 201. MAINTENANCE OF EFFORT. 
(a) MAINTENANCE OF EFFORT.—Section 658J of the 
Child Care and Development Block Grant Act of 1990 (42 
U.S.C. 9858h) is amended by adding at the end the fol-
lowing: 
‘‘(d) MAINTENANCE OF EFFORT.— 
‘‘(1) IN GENERAL.—No State shall receive such 
a payment for a fiscal year if the State reduces its 
total State expenditures for child care services for 
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133 
the prior fiscal year below such expenditures for fis-
cal year 2019. 
‘‘(2) TOTAL STATE EXPENDITURES.—For pur-
poses of this subsection, total State expenditures for 
child care services include State expenditures to 
carry out this subchapter and the Universal Child 
Care and Early Learning Act.’’. 
(b) RELATIONSHIP TO THE UNIVERSAL CHILD CARE 
AND EARLY LEARNING ACT.—Section 658M of the Child 
Care and Development Block Grant Act of 1990 (42 
U.S.C. 9858k) is amended by adding at the end the fol-
lowing: 
‘‘(c) RELATIONSHIP
TO
THE UNIVERSAL CHILD 
CARE AND EARLY LEARNING ACT.—An eligible child who 
is eligible for child care and early learning services under 
the Universal Child Care and Early Learning Act shall 
only receive child care services under this subchapter that 
the child is ineligible for under that Act.’’. 
Æ 
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