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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 185 Introduced in Senate (IS)]

<DOC>

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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