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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 749 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                 S. 749

 To establish a program to provide financial assistance to States and 
 local entities to support early learning programs for prekindergarten 
                   children, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 25, 1999

Mr. Kennedy (for himself, Mr. Stevens, Mr. Dodd, Mr. Jeffords, and Mr. 
Kerry) introduced the following bill; which was read twice and referred 
       to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
 To establish a program to provide financial assistance to States and 
 local entities to support early learning programs for prekindergarten 
                   children, 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 ``Early Learning Trust Fund Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) brain development research shows that the first 3 years 
        of a child's life are critical to a child's brain development 
        and the child's future success;
            (2) high quality early learning programs can increase the 
        literacy rate, the high school graduation rate, the employment 
        rate, and the college enrollment rate for prekindergarten 
        children who participate in the programs;
            (3) high quality early learning programs can decrease the 
        incidence of teenage pregnancy, welfare dependency, arrest, and 
        juvenile delinquency for children who participate in these 
        programs;
            (4) high quality early learning programs can provide a 
        strong base for prekindergarten children in language and 
        cognitive skills and can motivate the children to learn to read 
        in order to benefit from classroom instruction;
            (5) many working families cannot afford early learning 
        programs for their prekindergarten children;
            (6) only 36 percent of children who are between the ages of 
        3 and 5, not enrolled in kindergarten, and living in families 
        in which the parents earn less than $15,000, are enrolled in 
        prekindergarten, while 61 percent of children of a similar age 
        who live in families in which the parents earn $50,000 or more 
        are enrolled in prekindergarten;
            (7) because of the growing number of prekindergarten 
        children in single-parent families or families in which both 
        parents work, there is a great need for affordable high 
        quality, full day, full calendar year early learning programs;
            (8) many children who could benefit from a strong early 
        learning experience are enrolled in child care programs that 
        could use additional resources to prepare the children to enter 
        school ready to succeed; and
            (9) the low salaries paid to staff in early learning 
        programs, the lack of career progression for such staff, and 
        the lack of child development specialists involved in the early 
        learning programs makes it difficult to attract and retain 
        trained staff to help the children enter school ready to read.
    (b) Purpose.--The purposes of this Act are--
            (1) to make widely available to prekindergarten children a 
        high quality, child-centered, developmentally appropriate early 
        learning program;
            (2) to make widely available to parents of prekindergarten 
        children who desire the services, a full day, full calendar 
        year program in which they can enroll their prekindergarten 
        children;
            (3) to make efficient use of Federal, State, and local 
        resources for early learning programs by promoting 
        collaboration and coordination of such programs and supports at 
        the Federal, State, and local levels;
            (4) to assist State and local governments in expanding or 
        improving early learning programs that use existing facilities 
        that meet State and local safety code requirements;
            (5) to provide resources to ensure that all children enter 
        elementary school ready to learn how to read; and
            (6) to assist State and local governments in providing 
        training for teachers and staff of early learning programs, and 
        to promote the use of salary scales that take into account 
        training and experience.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Early learning programs.--The term ``early learning 
        programs'' means programs that provide the services described 
        in section 9 that are for children who have not attended 
        kindergarten or elementary school.
            (2) Full calendar year.--The term ``full calendar year'' 
        means all days of operation of businesses in the locality, 
        excluding--
                    (A) legal public holidays, as defined in section 
                6103 of title 5, United States Code; and
                    (B) a single period of 14 consecutive days during 
                the summer.
            (3) Full day.--The term ``full day'' means the hours of 
        normal operation of businesses in the locality.
            (4) Local educational agency; state educational agency.--
        The terms ``local educational agency'' and ``State educational 
        agency'' have the meanings given the terms in section 14101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        8801).
            (5) Locality.--The term ``locality'' means a city, county, 
        borough, township, or other general purpose unit of local 
        government, or an Indian reservation or Indian Tribe. For 
        purposes of this Act, 2 or more localities acting together may 
        be considered a locality.
            (6) Parent.--The term ``parent'' means a biological parent, 
        an adoptive parent, a stepparent, or a foster parent of a 
        child, including a legal guardian or other person standing in 
        loco parentis.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (8) Service provider.--The term ``service provider'' means 
        any public or private early learning program, including a local 
        educational agency, a Head Start agency under the Head Start 
        Act (42 U.S.C. 9831 et seq.), or a community-based organization 
        that receives funds under this Act.
            (9) Training.--The term ``training'' means instruction in 
        early childhood development that--
                    (A) is required for certification by existing State 
                and local laws, regulations, and policies;
                    (B) is required to receive a nationally recognized 
                credential or its equivalent, such as the child 
                development associate credential, in a State with no 
                certification procedure; and
                    (C) is received in a postsecondary education 
                program in which the individual has accomplished 
                significant course work in early childhood education or 
                early childhood development.

SEC. 4. EARLY LEARNING PROGRAM.

    The Secretary shall establish and maintain an early learning 
program that provides full day, full calendar year early learning 
services.

SEC. 5. STATE ALLOTMENTS.

    (a) In General.--The Secretary shall make allotments to eligible 
States to pay for the cost of enabling the States and localities to 
establish full day, full calendar year early learning programs.
    (b) Allotments.--From the amount appropriated under section 12 for 
each fiscal year, the Secretary shall allot, to each eligible State, an 
amount that bears the same relationship to the amount appropriated as 
the total number of individuals under age 6 in the State bears to the 
total number of such individuals in all States.
    (c) Matching Requirement.--The Secretary may not make a grant to a 
State under subsection (a) unless that State agrees that, with respect 
to the costs to be incurred by the State in carrying out the program 
for which the grant was awarded, the State will make available 
(directly or through donations from public or private entities) non-
Federal contributions in an amount equal to not less than $1 dollar for 
every $4 dollars of Federal funds provided under the grant. The State 
share of the cost may be provided in cash or in kind, fairly evaluated, 
including plant, equipment, or services.
    (d) Annual Review.--The allotments provided under subsection (b) 
shall be subject to annual review by the Secretary.

SEC. 6. STATE APPLICATIONS.

    (a) In General.--To be eligible to receive an allotment under 
section 5, the Governor of a State shall submit an application to the 
Secretary at such time, in such manner, and containing such information 
as the Secretary may reasonably require.
    (b) Contents.--Each application submitted pursuant to subsection 
(a) shall include--
            (1) a statement ensuring that the Governor of the State has 
        established or designated a State Council that complies with 
        section 7(c), including a list of the members of the State 
        Council in order to demonstrate such compliance;
            (2) a statement ensuring that the State Council as 
        described in section 7(c) has developed and approved the 
        application submitted under this section;
            (3) a statement describing the manner in which the State 
        will allocate funds made available through the allotment to 
        localities; and
            (4) a State plan that describes the performance goals to be 
        achieved, and the performance measures to be used to assess 
        progress toward such goals, under the plan which--
                    (A) shall be developed pursuant to guidance 
                provided by the State and local government authorities, 
                and experts in early childhood development; and
                    (B) shall be designed to improve child development 
                through--
                            (i) improved access to and increased 
                        coordination with health care services;
                            (ii) increased access to enhanced early 
                        learning environments;
                            (iii) increased parental involvement;
                            (iv) increased rates of accreditation by 
                        nationally recognized accreditation 
                        organizations; and
                            (v) expansion of full day, full year 
                        services.

SEC. 7. STATE ADMINISTRATION.

    (a) In General.--To be eligible to receive assistance under section 
5, the Governor of a State shall appoint a Lead State Agency as 
described in subsection (b) and, after consultation with the leadership 
of the State legislature, a State Council as described in subsection 
(c).
    (b) Lead State Agency.--
            (1) In general.--The Lead State Agency as described in 
        subsection (a) shall allocate funds received under section 5 to 
        localities.
            (2) Limitation.--The Lead State Agency shall allocate not 
        less than 90 percent of such funds that have been provided to 
        the State for a fiscal year to 1 or more localities.
            (3) Functions of agency.--In addition to allocating funds 
        under paragraph (1), the Lead State agency shall--
                    (A) advise and assist localities in the performance 
                of their duties;
                    (B) develop and submit the State application and 
                the State plan required under section 6;
                    (C) evaluate and approve applications submitted by 
                localities;
                    (D) prepare and submit to the Secretary an annual 
                report, after approval by the State Council, which 
                shall include a statement describing the manner in 
                which funds received under section 5 are expended and 
                documentation of the increased number of--
                            (i) children in full day, full year Head 
                        Start programs, as provided under the Head 
                        Start Act (42 U.S.C. 9831 et seq.);
                            (ii) infants and toddlers in programs that 
                        provide comprehensive Early Head Start 
                        services, as provided under the Head Start Act 
                        (42 U.S.C. 9831 et seq.);
                            (iii) prekindergarten children, including 
                        those with special needs, in early learning 
                        programs; and
                            (iv) children in child care that receive 
                        enhanced educational and comprehensive services 
                        and supports, including parent involvement and 
                        education;
                    (E) conduct evaluations of early learning programs;
                    (F) ensure that training and research is made 
                available to localities and that such training and 
                research reflects the latest available brain 
                development and early childhood research related to 
                early learning; and
                    (G) improve coordination between localities 
                carrying out early learning programs and persons 
                providing early intervention services under part C of 
                the Individuals with Disabilities Education Act (20 
                U.S.C. 1431 et seq.).
            (4) Local application.--
                    (A) In general.--To be eligible to receive 
                assistance under paragraph (1), a locality, in 
                cooperation with the Local Council described in 
                paragraph (5), shall submit an application to the Lead 
                State Agency at such time, in such manner, and 
                containing such information as the Lead State Agency 
                may require.
                    (B) Contents.--Each application submitted pursuant 
                to paragraph (1) shall include a statement ensuring 
                that the locality has established a Local Council, as 
                described in paragraph (5) and a local plan that 
                includes--
                            (i) a needs and resources assessment of 
                        early learning services and a statement 
                        describing how programs will be financed to 
                        reflect the assessment; and
                            (ii) a statement of performance goals to be 
                        achieved in adherence to the State plan and a 
                        statement of how localities will ensure that 
                        programs will meet the performance measures in 
                        the State plan.
            (5) Local council.--
                    (A) In general.--To be eligible to receive 
                assistance under paragraph (1), a locality shall 
                establish a Local Council as described in subsection 
                (c), which shall be composed of local agencies 
                responsible for carrying out the programs under this 
                Act and parents and other individuals concerned with 
                early childhood development issues in the locality. The 
                Local Council shall be responsible for assisting 
                localities in preparing and submitting the application 
                described in paragraph (4).
                    (B) Designating existing entity.--To the extent 
                that a State has a Local Council or an entity that 
                functions as such before the date of enactment of this 
                Act that is comparable to the Local Council described 
                in subparagraph (A), the locality shall be considered 
                to be in compliance with this paragraph.
    (c) State Council.--
            (1) In general.--The State Council as described in 
        subsection (a) shall be composed of a group of representatives 
        of agencies, institutions, and other entities, as described in 
        paragraphs (2) and (3), that provide child care or early 
        learning services in the State.
            (2) Membership.--Except as provided in paragraph (6), the 
        Governor shall appoint to the State Council at least 1 
        representative from--
                    (A) the office of the Governor;
                    (B) the State educational agency;
                    (C) the State agency administering funds received 
                under the Child Care and Development Block Grant Act of 
                1990 (42 U.S.C. 9858 et seq.);
                    (D) the State social services agency;
                    (E) the State Head Start association;
                    (F) organizations representing parents within the 
                State; and
                    (G) resource and referral agencies within the 
                State.
            (3) Additional members.--In addition to representatives 
        appointed under subparagraph (2), the Governor may appoint to 
        the State Council additional representatives from--
                    (A) the State Board of Education;
                    (B) the State health agency;
                    (C) the State labor or employment agency;
                    (D) organizations representing teachers;
                    (E) organizations representing business; and
                    (F) organizations representing labor.
            (4) Representation.--To the extent practicable, the 
        Governor shall appoint representatives under subparagraphs (2) 
        and (3) in a manner that is diverse or balanced according to 
        the race, ethnicity, and gender of its members.
            (5) Functions of the council.--The State Council shall--
                    (A) conduct a needs and resources assessment, or 
                use such an assessment if conducted not later than 2 
                years prior to the date of enactment of this Act, to--
                            (i) determine where early learning programs 
                        are lacking or are inadequate within the State, 
                        with particular attention to poor urban and 
                        rural areas, and what special services are 
                        needed within the State, such as services for 
                        children whose native language is a language 
                        other than English; and
                            (ii) identify all existing State-funded 
                        early learning programs, and, to the extent 
                        practical, other programs serving 
                        prekindergarten children in the State, 
                        including parent education programs, and to 
                        specify which programs might be expanded or 
                        upgraded with the use of funds received under 
                        section 5; and
                    (B) based on the assessment described in 
                subparagraph (A), determine funding priorities for 
                amounts received under section 5 for the State.
            (6) Designating an existing entity as state council.--To 
        the extent that a State has a State Council or a entity that 
        functions as such before the date of enactment of this Act that 
        is comparable to the State Council described in this 
        subsection, the State shall be considered to be in compliance 
        with this subsection.

SEC. 9. LOCAL ALLOCATIONS.

    (a) In General.--Each locality that receives funds under section 8 
shall, in accordance with the needs and resource assessment described 
in section 8(c)(5), provide funds to service providers to--
            (1) increase the number of children served in Early Head 
        Start programs carried out under section 645A of the Head Start 
        Act (42 U.S.C 9840a);
            (2) increase the number of children served in State 
        prekindergarten education programs;
            (3) increase the number of Head Start programs providing 
        full working day, full calendar year Head Start services; and
            (4) enhance the education and comprehensive services and 
        support services provided through the Child Care and 
        Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) to 
        child care programs and providers, including health screening 
        and diagnosis of children, parent involvement and parent 
        education, nutrition services and education, staff and 
        personnel training in early childhood development, and 
        upgrading the salaries of early childhood development 
        professional staff, and the development of salary schedules for 
        staff with varying levels of experience, expertise, and 
        training. Distribute such funds to service providers.
    (b) Preference.--In making allocations under subsection (a), a 
locality shall give preference to--
            (1) programs that meet the needs of children in households 
        in which each parent is employed;
            (2) programs assisting low-income families; and
            (3) programs that make referrals for enrollment under the 
        State Children's Health Insurance Program established under 
        title XXI of the Social Security Act (42 U.S.C. 1397aa et 
        seq.), or referrals for enrollment of children under the 
        medicaid program established under title XIX of the Social 
        Security Act (42 U.S.C. 1396 et seq.).
    (c) Application.--Each service provider desiring to receive funds 
under subsection (a) shall submit an application to a locality at such 
time, in such manner, and containing such information as the locality 
may reasonably require.
    (d) Annual Report.--Each locality that receives funds under section 
8 shall submit an annual report to the State Council that contains the 
information described in section 7(b)(3)(C) and a description of the 
manner in which programs receiving assistance under this Act will be 
coordinated with other early learning programs in the locality.
    (e) Administrative Costs.--Not more than 5 percent of the amounts 
received by a locality under section 8 shall be used to pay for 
administrative expenses for the locality or Local Council.

SEC. 10. SUPPLEMENT NOT SUPPLANT.

    Funds appropriated pursuant to this Act shall be used to supplement 
and not supplant other Federal, State, and local public funds expended 
to provide services for early learning childhood development programs.

SEC. 11. FEDERAL ADMINISTRATION.

    The Secretary, in consultation with the Secretary of Education, 
shall develop and issue program guidance instructions for carrying out 
the programs authorized under this Act.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated and there is appropriated to 
carry out this Act, $2,000,000,000 for each of the fiscal years 2000 
through 2004.
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