[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 185 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 185
To amend the Head Start Act to authorize block grants to States for
prekindergarten education, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 23, 2017
Mr. Lee (for himself and Mr. Cruz) introduced the following bill; which
was read twice and referred to the Committee on Health, Education,
Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Head Start Act to authorize block grants to States for
prekindergarten education, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Head Start Improvement Act of
2017''.
SEC. 2. IMPROVEMENTS.
The Head Start Act (42 U.S.C. 9831 et seq.) is amended to read as
follows:
``SEC. 635. SHORT TITLE.
``This subchapter may be cited as the `Head Start Act'.
``SEC. 636. STATEMENT OF PURPOSE.
``It is the purpose of this subchapter to promote the school
readiness of low-income children by enhancing their cognitive, social,
and emotional development in a learning environment that supports
children's growth in language, literacy, mathematics, science, social
and emotional functioning, creative arts, physical skills, and
approaches to learning.
``SEC. 637. DEFINITIONS.
``For purposes of this subchapter:
``(1) Delegate agency.--The term `delegate agency' means a
public, private nonprofit (including a community-based
organization, as defined in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801)), or for-
profit organization or agency to which an eligible entity has
delegated all or part of the responsibility of the grantee for
administering funds under this subchapter.
``(2) Eligible entity.--The term `eligible entity' means
the recipient of a subgrant under section 639(d)(3)(A).
``(3) Financial assistance.--The term `financial
assistance' includes assistance provided by grant, agreement,
or contract, and payments may be made in installments and in
advance or by way of reimbursement with necessary adjustments
on account of overpayments or underpayments.
``(4) Grant recipient.--The term `grant recipient' means
the recipient of a grant under section 639(a).
``(5) Indian tribe.--The term `Indian tribe' means any
tribe, band, nation, pueblo, or other organized group or
community of Indians, including any Native village described in
section 3(c) of the Alaska Native Claims Settlement Act (43
U.S.C. 1602(c)) or established pursuant to such Act (43 U.S.C.
1601 et seq.), that is recognized as eligible for the special
programs and services provided by the United States to Indians
because of their status as Indians.
``(6) Local educational agency.--The term `local
educational agency' has the meaning given such term in section
9101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
``(7) Low-income child.--The term `low-income child' means
a child who is age 5 or younger, and is from a family with an
income below 100 percent of the poverty line for the most
recent fiscal year for which satisfactory data are available.
``(8) Poverty line.--The term `poverty line' means the
official poverty line (as defined by the Office of Management
and Budget)--
``(A) adjusted to reflect the percentage change in
the Consumer Price Index For All Urban Consumers,
issued by the Bureau of Labor Statistics, occurring in
the 1-year period or other interval immediately
preceding the date such adjustment is made; and
``(B) adjusted for family size.
``(9) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(10) State.--The term `State' means a State, the
Commonwealth of Puerto Rico, the District of Columbia, Guam,
American Samoa, the Virgin Islands of the United States, and
the Commonwealth of the Northern Mariana Islands. The term
includes the Republic of Palau, except during any period for
which a Compact of Free Association is in effect, contains
provisions for early childhood education or development, and
prohibits the assistance provided under this subchapter.
``SEC. 638. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
subchapter $8,598,000,000 for each of fiscal years 2017 through 2021.
``SEC. 639. BLOCK GRANTS TO ELIGIBLE STATES AND INDIAN TRIBES.
``(a) In General.--Notwithstanding any other provision of this
subchapter, beginning on October 1 of the first fiscal year following
the date of enactment of the Head Start Improvement Act of 2017, from
the amounts appropriated to carry out this subchapter under section 638
for a fiscal year, the Secretary shall award grants to eligible States
and Indian tribes from allotments made under subsection (b) in
accordance with this section.
``(b) Allotments.--
``(1) Formula.--The Secretary shall allot the amount
appropriated under section 638 for a fiscal year among the
eligible States and Indian tribes in proportion to the number
of children, age 5 and younger, who are from families with
incomes below 100 percent of the poverty line for the most
recent fiscal year for which satisfactory data are available
and who are in an eligible State or Indian tribe, compared to
the number of such children for that fiscal year who are in all
eligible States or Indian tribes.
``(2) Calculation.--For purposes of counting the number of
children who are in an eligible State under paragraph (1), the
children who are counted in an eligible Indian tribe in that
State shall be excluded.
``(c) Application.--To be eligible to receive a grant under this
section, a State or Indian tribe shall submit an application to the
Secretary that includes the number of low-income children in the State
or Indian tribe.
``(d) Use of Funds.--
``(1) In general.--A grant recipient under this section
shall use 100 percent of the grant funds--
``(A) for prekindergarten education programs in the
State or Indian tribe involved;
``(B) for the administration of the programs
described in subparagraph (A); and
``(C) to provide direct technical assistance,
oversight, monitoring, research, and training with
respect to the programs described in subparagraph (A).
``(2) Certification.--The Governor, or other chief
executive, of each grant recipient shall certify that all grant
funds received under this section will be used to directly or
indirectly provide comprehensive education and related services
to low-income children and their families.
``(3) Grant recipient responsibilities.--A grant recipient
shall--
``(A) award subgrants to eligible entities (as
defined by the grant recipient) to enable such entities
to provide, directly or through a delegate agency,
prekindergarten education programs in the State or
Indian tribe involved;
``(B) establish rules and standards for the
entities awarded subgrants under subparagraph (A); and
``(C) monitor compliance by entities awarded
subgrants under subparagraph (A).
``(4) Flexibility.--Notwithstanding any other provision of
Federal law (other than this section)--
``(A) a grant recipient shall have full flexibility
to use grant funds to finance a prekindergarten
education provider, service, or program; and
``(B) in particular, to the extent permitted under
State law, may use the grant funds to establish a
portable voucher system that allows a parent of a low-
income child to use a portion of the grant funds, other
available public funds, or private funds to pay some or
all of the costs of attendance at a private
prekindergarten education program.
``(5) Members of indian tribes.--A member of an Indian
tribe who is eligible to receive services pursuant to a program
funded under this section may elect to receive such services
from any eligible entity for the State or Indian tribe in which
the member resides.
``(e) Matching Funds.--A grant recipient shall provide matching
funds from non-Federal sources equal to 20 percent of the amount of the
grant to carry out the activities described in this section.
``(f) Administrative Costs.--No eligible entity that receives a
subgrant to provide a program under this subchapter shall use more than
15 percent of the subgrant funds for the administrative costs of the
program.
``SEC. 640. LIMITATIONS ON ASSISTANCE.
``Nothing in this subchapter shall be construed to require a grant
recipient to establish a publicly funded program of early childhood
education and development, or to require any child to participate in
such a publicly funded program, including a preschool program funded by
a grant recipient, or to participate in any initial screening (other
than a health screening) before participating in a publicly funded
program of early childhood education and development, except as
provided under sections 612(a)(3) and 635(a)(5) of the Individuals with
Disabilities Education Act (20 U.S.C. 1412(a)(3), 1435(a)(5)).
``SEC. 641. GOALS; MONITORING.
``(a) Self-Assessments.--Not less frequently than once each program
year, each grant recipient shall conduct a comprehensive self-
assessment of the effectiveness and progress of the grant recipient's
program under this subchapter in meeting program goals established by
the grant recipient. The self-assessment shall include a determination
of the number of low-income children served by the program carried out
by the grant recipient under this subchapter.
``(b) Reports.--The grant recipient shall develop, and make
available to the public, an online and searchable report containing the
self-assessment, and an improvement plan to strengthen any areas
identified in the self-assessment as weaknesses or in need of
improvement. The report shall include the number of low-income children
served by the program carried out by the grant recipient under this
subchapter.
``(c) Ongoing Monitoring.--Each grant recipient shall establish and
implement procedures for the ongoing monitoring of their respective
programs, to ensure that the operations of the programs work toward
meeting the program goals.
``SEC. 642. ADMINISTRATIVE REQUIREMENTS.
``Each grant recipient shall make available to the public a report
published online at least once in each fiscal year that discloses the
following information, from the most recently concluded fiscal year,
except that reporting such information shall not reveal personally
identifiable information about an individual child or parent:
``(1) The total amount of public and private funds received
and the amount from each source.
``(2) An explanation of budgetary expenditures and proposed
budget for the fiscal year.
``(3) The total number of children and families served, the
average monthly enrollment (as a percentage of funded
enrollment), and the percentage of eligible children served.
``(4) The results of the most recent self-assessment under
section 641.
``(5) Information about parent involvement activities.
``(6) Information about the grant recipient's efforts to
prepare children for kindergarten.
``SEC. 643. RECORDS.
``Each recipient of financial assistance under this subchapter
shall keep records, including records which fully disclose the amount
and disposition by such recipient of the proceeds of such financial
assistance, the total cost of the program or activity in connection
with which such financial assistance is given or used, and the amount
of that portion of the cost of the program or activity supplied by
other sources.
``SEC. 644. RESEARCH.
``(a) Study.--The Comptroller General of the United States shall
conduct a study--
``(1) of the different approaches and best practices used
by States and Indian tribes in carrying out the program under
this subchapter; and
``(2) that is limited to the information provided in the
online reports made available by grant recipients under
sections 641 and 642.
``(b) Report.--Not later than October 1 of the fourth fiscal year
after the date of enactment referred to in section 639(a), the
Comptroller General shall submit a report containing the results of the
study to the appropriate committees of Congress.
``SEC. 645. NONDISCRIMINATION PROVISIONS.
``No grant recipient shall provide financial assistance for any
program or activity under this subchapter unless the grant or contract
relating to the financial assistance specifically provides that no
person with responsibilities in the operation of the program or
activity will discriminate with respect to any such program or activity
because of race, creed, color, national origin, sex, political
affiliation, or beliefs, or because of a disability in violation of
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).
``SEC. 646. POLITICAL ACTIVITIES.
``(a) Restrictions.--A program assisted under this subchapter, and
any individual employed by, or assigned to or in, a program assisted
under this subchapter (during the hours in which such individual is
working on behalf of such program), shall not engage in--
``(1) any partisan or nonpartisan political activity or any
other political activity associated with a candidate, or
contending faction or group, in an election for public or party
office;
``(2) any activity to provide voters or prospective voters
with transportation to the polls or similar assistance in
connection with any such election; or
``(3) assisting, promoting, or deterring union
organization.
``(b) Registration.--No funds appropriated under this subchapter
may be used to conduct voter registration activities. Nothing in this
subchapter prohibits the availability of Head Start facilities during
hours of operation for the use of any nonpartisan organization to
increase the number of eligible citizens who register to vote in
elections for Federal office.
``SEC. 647. ADVANCE FUNDING.
``For the purpose of affording adequate notice of funding available
under this subchapter, appropriations for carrying out this subchapter
are authorized to be included in an appropriation Act for the fiscal
year preceding the fiscal year for which they are available for
obligation.
``SEC. 648. GENERAL PROVISIONS.
``(a) Limitation.--Nothing in this subchapter shall be construed to
authorize or permit the Secretary or any employee or contractor of the
Department of Health and Human Services to mandate, direct, or control,
the selection of a curriculum, a program of instruction, or
instructional materials, for a Head Start program carried out by an
eligible entity.
``(b) Special Rule.--Nothing in this subchapter shall be construed
to authorize an eligible entity carrying out a program or activity or a
local educational agency to require the other to select or implement a
specific curriculum or program of instruction.''.
SEC. 3. EFFECTIVE DATE.
The amendment made by this Act shall apply beginning on October 1
of the first fiscal year following the date of enactment of the
Improvement Act of 2017.
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