I 
116TH CONGRESS 
1ST SESSION H. R. 3315 
To establish universal child care and early learning programs. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 18, 2019 
Ms. HAALAND (for herself, Ms. LEE of California, Ms. NORTON, Mr. RASKIN, 
Mr. POCAN, Mr. LARSON of Connecticut, Mr. HORSFORD, Ms. MENG, 
and Mr. SABLAN) introduced the following bill; which was referred to the 
Committee on Education and Labor 
A BILL 
To establish universal child care and early learning programs. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Universal Child Care 
and Early Learning Act’’. 
TITLE I—CHILD CARE AND 
EARLY LEARNING PROGRAMS 
SEC. 101. STATEMENT OF PURPOSES. 
The purposes of this title are— 
(1) to provide all young children with a fair and 
full opportunity to reach their full potential, by es-
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tablishing and expanding programs, to create uni-
versal, comprehensive child care and early learning 
programs that are available to all young children; 
(2) to ensure that families can access afford-
able, high-quality child care and early learning pro-
grams regardless of circumstance; 
(3) to promote the school readiness of all young 
children by enhancing their cognitive, social, emo-
tional, and physical development— 
(A) in a learning environment that sup-
ports children’s growth in language, literacy, 
mathematics, science, cognitive abilities, social 
and emotional functioning, creative arts, phys-
ical skills, and approaches to learning; and 
(B) through the provision to children and 
their families of health, educational, nutritional, 
social, and other services that are determined, 
based on family needs assessments, to be nec-
essary; 
(4) to recognize and build upon the experience 
and success gained through the Head Start pro-
gram, the military child care program, and similar 
efforts; 
(5) to provide that decisions on the nature of 
such child care and early learning programs be made 
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at the community level with the full involvement of 
parents, family members, and other individuals and 
organizations in the community; and 
(6) to establish the legislative framework for 
child care and early learning services. 
SEC. 102. DEFINITIONS. 
For purposes of this title: 
(1) CHILD CARE AND EARLY LEARNING PRO-
GRAM.—The term ‘‘child care and early learning 
program’’ means any program that provides child 
care and early learning services in child care and 
early learning centers (including schools) or in fam-
ily child care homes. 
(2) CHILD
WITH
A
DISABILITY.—The term 
‘‘child with a disability’’ means— 
(A) a child with a disability, as defined in 
section 602(3) of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1401(3)); and 
(B) an infant or toddler with a disability, 
as defined in section 632(5) of such Act (20 
U.S.C. 1432(5)). 
(3) 
COMMUNITY.—The 
term 
‘‘community’’ 
means a city, county, or multicity or multicounty 
unit within a State, an Indian reservation (including 
Indians in any nearby off-reservation area des-
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ignated by an appropriate tribal government in con-
sultation with the Secretary), or a neighborhood or 
other area (irrespective of boundaries or political 
subdivisions) that provides a suitable organizational 
base and possesses the commonality of interest need-
ed to operate a child care and early learning pro-
gram. 
(4) COVERED
CHILD.—The term ‘‘covered 
child’’ means a child who— 
(A) is— 
(i) not younger than 6 weeks of age; 
and 
(ii) not yet required to attend school, 
under the laws of compulsory school at-
tendance of the State in which the child re-
sides; and 
(B) meets the requirements of regulations 
issued under section 124. 
(5) DUAL
LANGUAGE
LEARNER.—The term 
‘‘dual language learner’’ means a child who is ac-
quiring two or more languages at the same time, or 
a child who is learning a second language while con-
tinuing to develop the child’s first language, includ-
ing a child who may also be identified by a State or 
locality as ‘‘bilingual’’, ‘‘an English language learn-
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er’’, ‘‘limited English proficient’’, ‘‘an English learn-
er’’, or a child who speaks a ‘‘language other than 
English’’. 
(6) FAMILY
LITERACY
SERVICES.—The term 
‘‘family literacy services’’ means services that— 
(A) are family literacy services, as defined 
in section 637 of the Head Start Act (42 
U.S.C. 9832); and 
(B) meet the requirements of section 641A 
of such Act (42 U.S.C. 9836a). 
(7) FINANCIAL ASSISTANCE.—The term ‘‘finan-
cial assistance’’ includes assistance provided by 
grant, agreement, or contract, for which payments 
may be made in installments and in advance or by 
way of reimbursement with necessary adjustments 
on account of overpayments or underpayments. 
(8) FULL-WORKING-DAY.—The term ‘‘full-work-
ing-day’’ means not less than 10 hours per day. 
Nothing in this paragraph shall be construed to re-
quire an entity to provide services to a child who has 
not reached the age of compulsory school attendance 
for more than the number of hours per day per-
mitted by State law (including regulation) for the 
provision of services to such a child. 
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(9) HEALTH.—The term ‘‘health’’, when used 
to refer to services or care provided to children en-
rolled in a child care and early learning program, 
their parents, or their siblings, shall be interpreted 
to refer to both physical and mental health. 
(10) HOMELESS CHILD.—The term ‘‘homeless 
child’’ means an individual described in section 
725(2) of the McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11434a(2)). 
(11) INDIAN.—The term ‘‘Indian’’ means an in-
dividual who is— 
(A) a member of an Indian tribe or band, 
as membership is defined by the tribe or band, 
including— 
(i) any tribe or band terminated since 
1940; and 
(ii) any tribe or band recognized by 
the State in which the tribe or band re-
sides; 
(B) a descendant of an individual de-
scribed in subparagraph (A); 
(C) considered by the Secretary of the In-
terior to be an Indian for any purpose; 
(D) an Eskimo, Aleut, or other Alaska Na-
tive; or 
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(E) a member of an organized Indian 
group that received a grant under the Indian 
Education Act of 1988 as in effect on October 
19, 1994. 
(12) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
means an Indian tribe, within the meaning of part 
A of title VI of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7401 et seq.). 
(13) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘‘institution of higher education’’ has the 
meaning given the term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
(14) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’ has the meaning given 
such term in section 8101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7801). 
(15) LOCALITY.—The term ‘‘locality’’ means 
any city, municipality, county, or other political sub-
division of a State having general governmental pow-
ers, or any combination of such political subdivi-
sions. 
(16) LOW-INCOME.—The term ‘‘low-income’’, 
used with respect to a child or other individual, 
means an individual in a family with a family in-
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come that is not more than 200 percent of the pov-
erty line. 
(17) MIGRANT OR SEASONAL CHILD CARE AND 
EARLY LEARNING PROGRAM.—The term ‘‘migrant or 
seasonal child care and early learning program’’ 
means— 
(A) with respect to services for migrant 
farmworkers, a child care and early learning 
program that serves families who are engaged 
in agricultural labor and who have changed 
their residence from one geographic location to 
another in the preceding 2-year period; and 
(B) with respect to services for seasonal 
farmworkers, a child care and early learning 
program that serves families who are engaged 
primarily in seasonal agricultural labor and who 
have not changed their residence to another ge-
ographic location in the preceding 2-year pe-
riod. 
(18) MILITARY
CHILD
CARE
PROGRAM.—The 
term ‘‘military child care program’’ means the pro-
gram carried out under subchapter II of chapter 88 
of title 10, United States Code. 
(19) NATIVE
HAWAIIAN.—The term ‘‘Native 
Hawaiian’’ has the meaning given the term in sec-
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tion 6207 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7517). 
(20) POVERTY LINE.—The term ‘‘poverty line’’ 
means the official poverty line (as defined by the Of-
fice of Management and Budget) based on the most 
recent data available from the Bureau of the Cen-
sus— 
(A) adjusted to reflect the percentage 
change in the Consumer Price Index for All 
Urban Consumers, issued by the Bureau of 
Labor Statistics, during the annual or other in-
terval immediately preceding the date on which 
such adjustment is made; and 
(B) adjusted for family size. 
(21) 
PROFESSIONAL
DEVELOPMENT.—The 
term ‘‘professional development’’ means the career- 
pathway aligned mechanisms that contribute to en-
suring that a member of the early care and edu-
cation workforce, in any setting, has or is working 
towards obtaining the degrees and other credentials 
needed to demonstrate the necessary knowledge and 
competencies for quality provision of child care and 
early learning services. 
(22) SCIENTIFICALLY VALID RESEARCH.—The 
term ‘‘scientifically valid research’’ includes applied 
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research, basic research, and field-initiated research, 
in which the rationale, design, and interpretation are 
soundly developed in accordance with principles of 
scientific research. 
(23) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Health and Human Services. 
(24) STATE.—The term ‘‘State’’ means— 
(A) a State, as defined in section 637 of 
the Head Start Act; and 
(B) the Republic of Palau— 
(i) for each of fiscal years 2020 
through 2024; and 
(ii) (if legislation approving a new 
agreement regarding United States assist-
ance for the Republic of Palau has not 
been enacted by September 30, 2024), for 
each subsequent fiscal year for which such 
legislation has not been enacted. 
(25) TRIBAL LAND.—The term ‘‘tribal land’’ 
means a reservation, the land of an Indian tribe, or 
land designated by Hawaii as under the control of 
Native Hawaiians for purposes of this title. 
(26) TRIBAL ORGANIZATION.—The term ‘‘tribal 
organization’’ means— 
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(A) the recognized governing body of any 
Indian tribe, and any legally established organi-
zation of Indians which is controlled, sanc-
tioned, or chartered by such governing body or 
which is democratically elected by the adult 
members of the Indian community to be served 
by such organization and which includes the 
maximum participation of Indians in all phases 
of its activities, except that in any case where 
a contract is let or grant made to an organiza-
tion to perform services benefitting more than 
one Indian tribe, the approval of each such In-
dian tribe shall be a prerequisite to the letting 
or making of such contract or grant; and 
(B) includes a Native Hawaiian organiza-
tion, as defined in section 6207 of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 7517) and a private nonprofit organiza-
tion established for the purpose of serving 
youth who are Indians or Native Hawaiians. 
SEC. 103. AUTHORIZATION OF APPROPRIATIONS; APPRO-
PRIATIONS. 
(a) APPROPRIATIONS.—There are authorized to be 
appropriated and there are appropriated to carry out this 
title (other than the activities described in subsection (b)), 
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including meeting the entitlement requirements of section 
111(b), such sums as may be necessary. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out activities under 
sections 135, 136, 137, 138, 151, 152, and such adminis-
trative activities as the Secretary determines to be nec-
essary 
and 
appropriate 
to 
carry 
out 
this 
title, 
$500,000,000 for each of fiscal years 2020 through 2030. 
Subtitle A—Prime Sponsors and 
Providers 
SEC. 111. FINANCIAL ASSISTANCE FOR CHILD CARE AND 
EARLY LEARNING PROGRAMS. 
(a) IN GENERAL.—The Secretary shall provide finan-
cial assistance for carrying out child care and early learn-
ing programs under this title to prime sponsors, to provide 
family-centered services to children to promote their devel-
opment and learning, pursuant to plans and applications 
approved in accordance with the provisions of this title. 
(b) ENTITLEMENT.—Each covered child shall be enti-
tled to participate in a child care and early learning pro-
gram that meets the requirements of this title. The entitle-
ment shall not be a capped entitlement. 
SEC. 112. ALLOCATION OF FUNDS; PAYMENTS. 
(a) ALLOCATION
TO ACTIVITIES.—The Secretary 
shall allocate the amounts appropriated for carrying out 
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this title for any fiscal year after fiscal year 2019, in the 
following manner: 
(1) CHILD CARE AND EARLY LEARNING PRO-
GRAMS.—The amount made available under section 
103(a) shall be used for the purpose of providing fi-
nancial assistance to carry out child care and early 
learning programs under this title for covered chil-
dren, other than activities described in paragraph 
(2). 
(2) ADMINISTRATIVE AND ENHANCEMENT AC-
TIVITIES.—Of the amounts appropriated under sec-
tion 103(b)— 
(A) such portion, but not less than 50 per-
cent, shall be used for the purpose of carrying 
out activities under sections 135 and 136 and 
such administrative activities as the Secretary 
determines to be necessary and appropriate to 
carry out this title; 
(B) such portion, but not less than 20 per-
cent, shall be used for the purpose of carrying 
out activities under section 151; and 
(C) the remainder of such amounts shall 
be used for the purpose of carrying out activi-
ties under sections 137, 138, and 152. 
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(3) FLEXIBILITY
FOR
EMERGENCY
SUPPLE-
MENTAL
FUNDING.—Notwithstanding 
paragraph 
(2), the Secretary may, after providing appropriate 
notice and written justification to Congress, redirect 
any amounts appropriated under section 103(b) as 
the Secretary determines to be necessary and appro-
priate to carry out section 151 for the purpose of 
carrying out activities under section 151. 
(b) PUBLICATION.—As soon as practicable after 
funds are appropriated under section 103(b) for any fiscal 
year, the Secretary shall publish in the Federal Register 
the amounts made available for that fiscal year to carry 
out each of the activities described in subsection (a)(2). 
(c) PAYMENTS.— 
(1) IN GENERAL.— 
(A) AUTHORITY FOR PAYMENTS.—In ac-
cordance with this subsection, the Secretary 
shall pay, from the allocation under subsection 
(a)(1), the Federal share of the costs of pro-
viding child care and early learning programs, 
in accordance with plans under sections 113 
and 114 that have been approved as provided in 
this title. 
(B) MANNER
AND
TIMING
FOR
PAY-
MENTS.—The Secretary may make such finan-
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cial assistance as may be necessary to carry out 
this title. The Secretary may also withhold 
funds otherwise payable under this title in order 
to recover any amounts expended in the current 
or immediately prior fiscal year in violation of 
any provision of this title or any term or condi-
tion of financial assistance under this title. 
(2) FEDERAL SHARE.— 
(A) IN GENERAL.—Except as provided in 
subparagraphs (B) through (E) and section 
151, the Federal share of the costs of providing 
child care and early learning programs for cov-
ered children shall be not more than 80 per-
cent. 
(B) LOW-INCOME
CHILDREN.—The Fed-
eral share shall be 80 percent of the costs of 
providing child care and early learning pro-
grams for low-income covered children. 
(C) CHILDREN
WHO
ARE
NOT
LOW-IN-
COME.—The Federal share shall be 50 percent 
of the costs of providing child care and early 
learning programs for covered children who are 
not low-income children. 
(D) CHILDREN
OF
MIGRANT
AND
SEA-
SONAL
FARMWORKERS.—The Secretary shall 
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pay for 100 percent of the costs of providing 
child care and early learning programs for cov-
ered children of migrant and seasonal farm-
workers under this title. 
(E) NATIVE
AMERICAN
CHILDREN.—The 
Secretary shall pay each prime sponsor des-
ignated under section 113 for 100 percent of 
the costs of providing child care and early 
learning programs for covered children in In-
dian tribes and Native Hawaiian covered chil-
dren under this title. 
(F) 
ADMINISTRATIVE
AMOUNT.—When 
making a payment described in paragraph (1) 
to any prime sponsor for the Federal share of 
the costs of providing a child care and early 
learning program, the Secretary shall also make 
a payment to the prime sponsor of not more 
than 100 percent of the costs for staff and 
other administrative expenses of the prime 
sponsor, including such costs and expenses re-
lated to quality improvement (such as con-
ducting monitoring and training) and operating 
the Child Care and Early Learning Council, but 
not to exceed an amount which is reasonable 
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when compared with such costs and expenses 
for other prime sponsors. 
(3) RATE ANALYSIS.— 
(A) PROCESS.—The Secretary shall, on the 
basis of recommendations by an committee of 
experts outside the Department of Health and 
Human Services, establish and implement a 
process for determining the costs described in 
paragraph (1)(A) and ensuring that the re-
quirement of subparagraph (B) is met. 
(B) 
SUFFICIENCY
REQUIREMENT.—The 
Secretary shall ensure that the Federal share 
determined under paragraph (2) is sufficient to 
ensure that a prime sponsor can meet all re-
quirements under this title, including the na-
tional program standards under section 121, 
compensation provisions under section 136(b), 
and provisions relating to comprehensive serv-
ices and access to services. 
(4) NON-FEDERAL SHARE.— 
(A) SOURCES.—The non-Federal share of 
the costs described in paragraph (1) may be 
provided through public or private funds (in-
cluding labor union or employer contributions) 
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and may be in cash or in kind, fairly evaluated, 
including facilities, goods, or services. 
(B) FEES FROM FAMILIES.—Fees collected 
for services provided pursuant to section 114(j) 
may be used toward the non-Federal share. 
Such fees collected from a family may not ex-
ceed 7 percent of the family income, regardless 
of the number of children served from that fam-
ily. 
(C) EXCESS CONTRIBUTIONS.—If, with re-
spect to any fiscal year, a prime sponsor pro-
vides a non-Federal share, for any program 
that exceeds its requirements for such a share, 
such excess may be applied toward meeting the 
requirements for such a share for the subse-
quent fiscal year under this title. 
(d) MAINTENANCE OF EFFORT.—No State or locality 
shall reduce its expenditures for child care and early learn-
ing programs (including home-based child care and early 
learning programs) because of financial assistance pro-
vided under this title. 
SEC. 113. DESIGNATION OF PRIME SPONSORS. 
(a) AUTHORITY TO DESIGNATE.— 
(1) QUALIFIED ENTITIES.—In accordance with 
the provisions of this section, a State, locality, In-
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dian tribe, tribal organization, or public or private 
nonprofit agency or organization, meeting the re-
quirements of this title may be designated by the 
Secretary as a prime sponsor for the purpose of en-
tering into arrangements to carry out child care and 
early learning programs under this title. 
(2) PRIME
SPONSORSHIP
PLANS.—An entity 
may be designated by the Secretary as a prime spon-
sor for a period of fiscal years only pursuant to an 
application in the form of a prime sponsorship plan 
which was submitted by such entity and approved by 
the Secretary in accordance with the provisions of 
this title. At a minimum, the plan shall— 
(A) describe the service area to be served 
and how the program will be delivered; 
(B) provide a comprehensive child care and 
early learning plan, as described in section 
114(b); and 
(C) demonstrate that the entity has the 
authority under its charter or applicable law to 
receive and administer funds under this title, 
funds and contributions from private or public 
sources that may be used in support of a child 
care and early learning program, and funds 
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under a Federal or State assistance program 
that may be so used. 
(3) APPROVAL.—No prime sponsorship plan, or 
modification of the plan, submitted by an entity 
under this section shall be approved by the Secretary 
unless the Secretary determines, in accordance with 
regulations which the Secretary shall prescribe, 
that— 
(A) the local educational agency for the 
service area and other appropriate educational 
and training agencies and institutions have had 
an opportunity to submit comments to the enti-
ty and to the Secretary; 
(B) appropriate officials from Indian tribes 
or tribal organizations have had an opportunity 
to submit comments to the entity and to the 
Secretary; and 
(C) the Governor of the State has had an 
opportunity to submit comments to the entity 
and to the Secretary. 
(4) JOINT SUBMISSION.—In order to contribute 
to the effective administration of this title, the Sec-
retary shall establish appropriate procedures to per-
mit an entity described in subsection (a)(1) and a 
State to submit jointly a single comprehensive child 
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care and early learning plan for the service areas the 
entity and State propose. If the Secretary approves 
such a plan, the Secretary may designate the entity 
as a prime sponsor, and the State as a prime spon-
sor, for the corresponding service areas. 
(b) ADDITIONAL APPROVAL PROCEDURES.— 
(1) LOCALITY
OVER
POPULATION
THRESH-
OLD.—The Secretary shall approve a prime sponsor-
ship plan submitted by a locality if— 
(A) the locality meets a population thresh-
old determined by the Secretary, except that 
the Secretary may waive the population thresh-
old if it creates a barrier to providing child care 
and early learning services in a service area of 
a specified type, such as a rural region; 
(B) the plan meets the requirements of 
subsection (a) and includes adequate provisions 
for carrying out child care and early learning 
programs in the area of such locality; and 
(C) the locality is a— 
(i) city; 
(ii) county; or 
(iii) other unit of general local govern-
ment, including a local educational agency, 
as defined in section 8101 of the Elemen-
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tary and Secondary Education Act of 1965 
(20 U.S.C. 7801). 
(2) LOCALITIES WITH COMMON GEOGRAPHICAL 
AREA.—In the event that the area under the juris-
diction of a unit of general local government de-
scribed in clause (i), (ii), (iii), or (iv) of paragraph 
(1)(C) includes any common geographical area with 
the geographical area covered by another such unit 
of general local government, the Secretary shall des-
ignate to serve such common area the unit of gen-
eral local government that— 
(A) the Secretary determines has the capa-
bility of more effectively carrying out the pur-
poses of this title with respect to such area; and 
(B) has submitted a plan which meets the 
requirements of subsection (a) and includes 
adequate provisions for carrying out child care 
and early learning programs in such area. 
(3) LOCALITIES.— 
(A) SUBMISSION
BY
COMBINATION.—In 
the event that the Secretary determines that a 
locality does not meet the requirements for des-
ignation as a prime sponsor under this section, 
the Secretary shall take steps to encourage the 
submission of a prime sponsorship plan, cov-
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ering the area of such locality, by a combination 
of localities which are adjoining and possess a 
sufficient commonality of interest. 
(B) APPROVAL.—The Secretary shall ap-
prove a prime sponsorship plan submitted by 
such a combination of localities, if the Secretary 
determines that the plan so submitted meets 
the requirements of subsection (a) and includes 
adequate provisions for carrying out child care 
and early learning programs in the area covered 
by the combination of such localities. 
(4) INDIAN
TRIBES
AND
TRIBAL
ORGANIZA-
TIONS.—The Secretary shall approve a prime spon-
sorship plan submitted by an Indian tribe or tribal 
organization if the Secretary determines that the 
plan so submitted meets the requirements of sub-
section (a) and includes adequate provisions for car-
rying out child care and early learning programs in 
the area to be served. 
(5) STATES.—The Secretary shall approve a 
prime sponsorship plan submitted by a State if the 
Secretary determines that the plan so submitted— 
(A) meets the requirements of subsection 
(a); 
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(B) includes adequate provisions for car-
rying out child care and early learning pro-
grams in the area to be served; 
(C) contains a commitment to coordinating 
the State’s early childhood programs to create 
a cohesive system, for children from birth to 
entry into kindergarten, for providing child care 
and early learning services; 
(D) demonstrates that the State can de-
liver a child care and early learning program 
that ensures coverage of— 
(i) the entire State; or 
(ii) the portions of the State that are 
not proposed to be covered by other enti-
ties submitting applications under sub-
section (a)(2); and 
(E) demonstrates that the State can de-
liver such a program with sufficient local ad-
ministration, governance, and input. 
(6) TWO PHASES OF APPLICATION REVIEW.— 
(A) IN GENERAL.—The Secretary shall es-
tablish two phases of review for applications in 
the form of prime sponsorship plans. Entities 
submitting such applications for the first phase 
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pamtmann on DSKBFK8HB2PROD with BILLS
of review shall be given preference for designa-
tion under subsection (a). 
(B) FIRST PHASE.—States, Indian tribes, 
tribal organizations, entities applying to carry 
out migrant or seasonal child care and early 
learning programs, and entities and States sub-
mitting applications jointly may submit applica-
tions described in subparagraph (A) for the 
first phase of application review. 
(C) SECOND PHASE.—Localities, public or 
private nonprofit agencies or organizations, and 
entities described in subparagraph (B) may 
submit applications described in subparagraph 
(A) for the second phase of application review. 
(c) DISAPPROVAL; WITHDRAWAL OF APPROVAL.—A 
prime sponsorship plan submitted under this section may 
be disapproved or a prior designation of a prime sponsor 
may be withdrawn only if the Secretary, in accordance 
with regulations which the Secretary shall prescribe, has 
provided— 
(1) written notice of intention to disapprove 
such plan or withdraw such designation, including a 
statement of the reasons; 
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pamtmann on DSKBFK8HB2PROD with BILLS
(2) a reasonable time in which to submit correc-
tive amendments to such plan or undertake other 
necessary corrective action; and 
(3) an opportunity for a public hearing upon 
which basis an appeal to the Secretary may be taken 
as of right. 
(d) UNSERVED AREAS.—In the event that a prime 
sponsorship plan has not been submitted or approved, if 
a prime sponsor designation has been withdrawn, or if the 
needs of seasonal and migrant farmworkers, minority 
groups, or low-income individuals are not being met, for 
a service area, the Secretary may enter into an agreement 
with an organization, such as a national nonprofit organi-
zation, to serve as the prime sponsor for such an area. 
The Secretary shall meet the requirements described in 
subsection (g) before entering into the agreement. 
(e) DESIGNATION RENEWAL.— 
(1) DESIGNATION RENEWAL.—A prime sponsor 
shall obtain renewal of the designation of the prime 
sponsor not more frequently than every 3 years and 
not less frequently than every 5 years. 
(2) SYSTEM
FOR
DESIGNATION
RENEWAL.— 
The Secretary shall develop a system for prime 
sponsors to renew their designation, under which the 
Secretary shall determine if a prime sponsor is deliv-
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pamtmann on DSKBFK8HB2PROD with BILLS
ering a high-quality and comprehensive child care 
and early learning program that meets the health, 
educational, nutritional, and social needs of the chil-
dren and families it serves, and meets program and 
financial management requirements and standards 
described in section 121(a), and governance and 
legal requirements. 
(f) PROHIBITION AGAINST ENTITIES OTHER THAN 
INDIAN TRIBES OR TRIBAL ORGANIZATIONS RECEIVING 
A GRANT FOR A CHILD CARE AND EARLY LEARNING PRO-
GRAM ON INDIAN LAND.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, except as provided in paragraph 
(2), under no condition may an entity other than an 
Indian tribe or tribal organization receive a grant to 
carry out a child care and early learning program on 
tribal land. 
(2) EXCEPTIONS.— 
(A) NO INDIAN TRIBE OR TRIBAL ORGANI-
ZATION AVAILABLE.—In a service area in which 
there is no Indian tribe or tribal organization 
available for designation to carry out an child 
care and early learning program on Indian 
land, an entity that is not a tribal organization 
may receive a grant to carry out an child care 
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and early learning program on Indian land, but 
only until such time as an Indian tribe or tribal 
organization in such service area becomes avail-
able and is designated pursuant to this section. 
(B) JOINT PRIME SPONSORS.—For a serv-
ice area that consists of any non-reservation In-
dian land, if the Indian tribe or tribal organiza-
tion involved is not interested in serving or does 
not have the capacity to serve the entire service 
area, the Indian tribe or tribal organization 
may work with another prime sponsor to jointly 
serve as prime sponsors for the service area. 
(g) FAMILY, CHILD CARE WORKER, AND COMMU-
NITY PARTICIPATION.—The Secretary shall— 
(1) significantly involve parents, family mem-
bers, family child care home providers, child care 
and early learning staff, labor unions, and commu-
nity residents in the service area for the program in-
volved, in the process for designation of prime spon-
sors; and 
(2) ensure that the persons selected to be in-
volved in that process shall reflect the diversity of 
the service area, with respect to income, culture, 
race and ethnicity, language, and status as a mi-
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