I 

114TH CONGRESS 

2D SESSION H. R. 5072 

To provide for tribal demonstration projects for the integration of early 

childhood development, education, including Native language and culture, 

and related services, for evaluation of those demonstration projects, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2016 

Mrs. TORRES introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL 

To provide for tribal demonstration projects for the integration of early childhood development, education, including 

Native language and culture, and related services, for 

evaluation of those demonstration projects, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Tribal Early Child5 hood, Education, and Related Services Integration Act of 

6 2016’’. 


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1 SEC. 2. TRIBAL EARLY CHILDHOOD DEMONSTRATION 

2 PROJECTS. 

3 The Native American Programs Act of 1974 is 

4 amended by inserting after section 805 (42 U.S.C. 2991d) 

5 the following: 

6 ‘‘SEC. 805A. TRIBAL EARLY CHILDHOOD DEMONSTRATION 

7 PROJECTS. 

8 ‘‘(a) PURPOSES.—The purposes of this section are— 

9 ‘‘(1) to promote coordination of tribal early 

10 childhood education programs to meet the locally de11 termined needs of tribal communities, children, and 

12 families, consistent with tribal values and traditions; 

13 ‘‘(2) to support integration of quality early 

14 childhood and family support systems, including 

15 data systems, across various tribal programs that 

16 serve Indian children, pregnant women, parents, pri17 mary caregivers, and families, from pregnancy to 

18 kindergarten entry; 

19 ‘‘(3) to strengthen the integration of Native 

20 languages and cultures into tribal early childhood 

21 education programs, services, and support; 

22 ‘‘(4) to identify and address real and perceived 

23 barriers to collaboration and systems improvement 

24 across tribal early childhood education programs; 

25 ‘‘(5) to foster— 


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1 ‘‘(A) further development in tribal commu2 nities of culturally informed early childhood 

3 education programs; 

4 ‘‘(B) ongoing research and continuous im5 provement in the quality of early childhood edu6 cational and professional development; and 

7 ‘‘(C) effective evidence- or research-based 

8 practices in tribal communities; 

9 ‘‘(6) to develop, test, and disseminate inte10 grated locally designed and innovative tribal early 

11 childhood education program variations that meet 

12 the needs of the tribal community in accordance 

13 with this section; and 

14 ‘‘(7) to increase the quality and availability of 

15 comprehensive tribal early childhood education serv16 ices available to Indian children and families, includ17 ing increasing— 

18 ‘‘(A) the number of Indian children and 

19 families receiving high quality services; and 

20 ‘‘(B) the availability of full-day, full-year 

21 preschool services in tribal communities. 

22 ‘‘(b) DEFINITIONS.—In this section: 

23 ‘‘(1) DEMONSTRATION PROGRAM.—The term 

24 ‘demonstration program’ means the program estab25 lished under subsection (c). 


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1 ‘‘(2) DEMONSTRATION PROJECT.—The term 

2 ‘demonstration project’ means a project carried out 

3 under subsection (d). 

4 ‘‘(3) EARLY CHILDHOOD EDUCATION PRO5 GRAM.—The term ‘early childhood education pro6 gram’ means— 

7 ‘‘(A) a Head Start program or an Early 

8 Head Start program carried out under the 

9 Head Start Act (42 U.S.C. 9831 et seq.), in10 cluding— 

11 ‘‘(i) a migrant or seasonal Head Start 

12 program; 

13 ‘‘(ii) an Indian Head Start program; 

14 or 

15 ‘‘(iii) a Head Start program or an 

16 Early Head Start program that receives 

17 State or tribal funding in addition to Fed18 eral funding; 

19 ‘‘(B) a State or tribally licensed or regu20 lated child care program; and 

21 ‘‘(C) a program that— 

22 ‘‘(i) serves children from birth 

23 through age 6; 

24 ‘‘(ii) addresses the cognitive (including 

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1 matics), social, emotional, and physical de2 velopment of children; and 

3 ‘‘(iii) is— 

4 ‘‘(I) a State or tribal prekinder5 garten program; 

6 ‘‘(II) a program authorized under 

7 section 619 or part C of the Individ8 uals with Disabilities Education Act 

9 (20 U.S.C. 1419; 20 U.S.C. 1431 et 

10 seq.); 

11 ‘‘(III) a program operated by a 

12 local educational agency; or 

13 ‘‘(IV) a program operated by an 

14 Indian tribe. 

15 ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en16 tity’ means— 

17 ‘‘(A) an Indian tribe; 

18 ‘‘(B) a tribal organization, including— 

19 ‘‘(i) a tribal education agency (as de20 fined in section 3 of the National Environ21 mental Education Act (20 U.S.C. 5502)) 

22 designated by an Indian tribe; and 

23 ‘‘(ii) a Tribal College or University 

24 designated by an Indian tribe; and 


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1 ‘‘(C) a consortium that includes as the pri2 mary member an entity described in subpara3 graph (A) or (B). 

4 ‘‘(5) ELIGIBLE UNDERLYING PROGRAM.—The 

5 term ‘eligible underlying program’ means any pro6 gram described in subsection (e). 

7 ‘‘(6) GRANTEE.—The term ‘grantee’ means the 

8 eligible entity carrying out a demonstration project 

9 using financial assistance provided under subsection 

10 (h). 

11 ‘‘(7) INDIAN.—The term ‘Indian’ has the mean12 ing given the term in section 4 of the Indian Self13 Determination and Education Assistance Act (25 

14 U.S.C. 450b). 

15 ‘‘(8) INDIAN TRIBE.— 

16 ‘‘(A) IN GENERAL.—The term ‘Indian 

17 tribe’ has the meaning given the term in section 

18 4 of the Indian Self-Determination and Edu19 cation Assistance Act (25 U.S.C. 450b). 

20 ‘‘(B) INCLUSION.—The term ‘Indian tribe’ 

21 includes a tribal organization that is designated 

22 by an Indian tribe. 

23 ‘‘(9) TRIBAL COLLEGE OR UNIVERSITY.—The 

24 term ‘Tribal College or University’ has the meaning 


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1 given the term in section 316(b) of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1059c(b)). 

3 ‘‘(10) TRIBAL ORGANIZATION.—The term ‘trib4 al organization’ has the meaning given the term in 

5 section 658P of the Child Care and Development 

6 Block Grant Act of 1990 (42 U.S.C. 9858n). 

7 ‘‘(11) WORK GROUP.—The term ‘Work Group’ 

8 means the tribal early childhood demonstration pro9 gram work group established under subsection 

10 (i)(3). 

11 ‘‘(c) ESTABLISHMENT OF DEMONSTRATION PRO12 GRAM.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall estab14 lish a demonstration program under which the Sec15 retary shall provide to eligible entities financial as16 sistance, using amounts appropriated to the 1 or 

17 more underlying eligible programs identified by the 

18 eligible entity in the application under subsection 

19 (d)(3)(C), for tribal early childhood education dem20 onstration projects. 

21 ‘‘(2) LIMITATION.—The Secretary shall select 

22 for participation in the demonstration program not 

23 more than 10 new eligible entities for each fiscal 

24 year. 

25 ‘‘(3) DURATION.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), each grantee shall carry out, during 

3 the 5-year period beginning on the date of re4 ceipt, a demonstration project described in 

5 paragraph (4). 

6 ‘‘(B) EXTENSION.—The Secretary may ex7 tend the term of a demonstration project under 

8 subparagraph (A) for 1 or more additional peri9 ods of such time as the Secretary determines to 

10 be appropriate. 

11 ‘‘(4) ELIGIBILITY.—To be eligible for participa12 tion in the demonstration program under this sub13 section, an eligible entity shall demonstrate to the 

14 satisfaction of the Secretary that the demonstration 

15 project proposed to be carried out by the eligible en16 tity is— 

17 ‘‘(A) designed to test or assist in the devel18 opment of any new approach or method that— 

19 ‘‘(i) addresses tribal community 

20 needs; 

21 ‘‘(ii) aids in overcoming unique tribal 

22 community problems impacting the effec23 tive delivery of early childhood education 

24 and development services; 


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1 ‘‘(iii) fosters continuous improvement 

2 in the quality of early childhood services 

3 and support in tribal communities; and 

4 ‘‘(iv) enables participating Indian chil5 dren and families to thrive and succeed in 

6 school and otherwise; and 

7 ‘‘(B) focused on culturally based early 

8 childhood education, Native language and cul9 tural revitalization and maintenance, and re10 lated services. 

11 ‘‘(5) WAIVERS.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B)(i), the Secretary shall waive, with re14 spect to a demonstration project, any specific 

15 provision of Federal law (including regulations), 

16 policy, or procedure described in a waiver re17 quested under subsection (d)(3)(K), if the Sec18 retary determines that— 

19 ‘‘(i) the provision, policy, or procedure 

20 relates specifically to an eligible underlying 

21 program from which the demonstration 

22 project receives financial assistance; and 

23 ‘‘(ii) the waiver— 

24 ‘‘(I) will enhance the ability of 

25 the grantee to coordinate and align 


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1 the eligible underlying program with 

2 the demonstration project; 

3 ‘‘(II) is consistent with the pur4 poses of this section; and 

5 ‘‘(III) would not jeopardize the 

6 health, safety, civil rights, or well7 being of the individuals to be served 

8 by the demonstration project. 

9 ‘‘(B) EXCEPTIONS.— 

10 ‘‘(i) IN GENERAL.—In carrying out 

11 this subsection, the Secretary may not 

12 waive— 

13 ‘‘(I) any specific Federal law (in14 cluding regulations), policy, or proce15 dure relating to operation of a Head 

16 Start program or an Early Head 

17 Start program carried out under the 

18 Head Start Act (42 U.S.C. 9831 et 

19 seq.); or 

20 ‘‘(II) any specific statutory re21 quirement for recipients of Federal 

22 funding relating to maintenance of ef23 fort or the use of Federal funds to 

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1 thority exists under the eligible under2 lying program. 

3 ‘‘(ii) LIMITATION.—Notwithstanding 

4 clause (i), the Secretary may waive a re5 quirement to provide non-Federal match6 ing funds. 

7 ‘‘(6) SPECIAL RULE.—The Secretary shall en8 sure that all demonstration projects carried out 

9 under this section respect and incorporate the pur10 poses of each eligible underlying program incor11 porated by the grantee into the demonstration 

12 project. 

13 ‘‘(d) APPLICATIONS.— 

14 ‘‘(1) IN GENERAL.—Each eligible entity desir15 ing participation in the demonstration program shall 

16 submit to the Secretary an application at such time, 

17 in such manner, and containing such information as 

18 the Secretary may require. 

19 ‘‘(2) GENERAL APPLICATION.—An eligible enti20 ty may submit 1 general application under this sub21 section, which shall meet all grant application re22 quirements of each noncompetitively awarded eligible 

23 underlying program identified by the eligible entity 

24 under paragraph (3)(C). 


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1 ‘‘(3) CONTENT.—Each application under para2 graph (1) shall include a proposal that contains, 

3 with respect to the proposed demonstration 

4 project— 

5 ‘‘(A) an identification of the population to 

6 be served by the demonstration project, includ7 ing— 

8 ‘‘(i) an identification of the geo9 graphical service area to be covered; 

10 ‘‘(ii) a comprehensive assessment of 

11 early childhood care and development 

12 needs within that service area, including a 

13 description of the assets of each tribal 

14 community benefitting from the dem15 onstration project that will be used to im16 prove project quality and child and family 

17 outcomes; 

18 ‘‘(iii) a description of obstacles to ac19 cessing early childhood education programs 

20 and opportunities in that service area, such 

21 as— 

22 ‘‘(I) a shortage of enrollment 

23 slots in existing child care or early 

24 learning programs; 


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1 ‘‘(II) problems in the recruitment 

2 and retention of high quality staff; 

3 and 

4 ‘‘(III) a lack of sufficient trans5 portation or educational facility infra6 structure; and 

7 ‘‘(iv) a description of the means by 

8 which the proposal addresses the items 

9 identified in clauses (ii) and (iii); 

10 ‘‘(B) a plan for improving Indian family 

11 and tribal community engagement and consulta12 tion services, including a description of— 

13 ‘‘(i) the methods the demonstration 

14 project— 

15 ‘‘(I) has implemented for effec16 tive engagement with Indian families 

17 and tribal community members living 

18 in the covered geographical service 

19 area during development of the dem20 onstration project application through 

21 the notice and public comment proc22 ess; and 

23 ‘‘(II) will use to continue con24 sultation and engagement with Indian 

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1 bers living in the covered geographical 

2 service area during implementation of 

3 the demonstration project; and 

4 ‘‘(ii) how the demonstration project 

5 will engage Indian parents in partnerships 

6 to reach proposal goals; 

7 ‘‘(C) an identification of the 1 or more eli8 gible underlying programs selected by the eligi9 ble entity for inclusion in the proposed dem10 onstration project; 

11 ‘‘(D) a description of the framework for 

12 center-based and family-based early childhood 

13 educational programing to be used by the dem14 onstration project, including a description of 

15 how the demonstration project will coordinate 

16 with the eligible underlying programs proposed 

17 under subparagraph (C) to promote in the ap18 plicable tribal community— 

19 ‘‘(i) school readiness; 

20 ‘‘(ii) family engagement; 

21 ‘‘(iii) parenting skills; and 

22 ‘‘(iv) healthy child development; 

23 ‘‘(E) an explanation of the role of Native 

24 language and culture in the demonstration 

25 project; 


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1 ‘‘(F) a description of data that will be col2 lected for monitoring and evaluation purposes, 

3 including— 

4 ‘‘(i) the methods and systems for data 

5 collection and management; 

6 ‘‘(ii) identified metrics that will be 

7 used to measure progress toward proposal 

8 goals; 

9 ‘‘(iii) any duplicative data or adminis10 trative systems that will be streamlined 

11 through integration with the eligible under12 lying programs; 

13 ‘‘(iv) the precautions that will be used 

14 to ensure the privacy of participants who 

15 have data collected in accordance with the 

16 applicable privacy requirements of— 

17 ‘‘(I) section 444 of the Family 

18 Educational Rights and Privacy Act 

19 (20 U.S.C. 1232g); and 

20 ‘‘(II) the Health Insurance Port21 ability and Accountability Act of 1996 

22 (42 U.S.C. 201 et seq.); 

23 ‘‘(G) a description of technical assistance 

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1 ther develop or implement the monitoring and 

2 evaluation portion of the proposal; 

3 ‘‘(H) a description of how programming 

4 funded under the demonstration project will ad5 dress child and family mental health issues, in6 cluding issues relating to violence and substance 

7 abuse; 

8 ‘‘(I) the total projected expenditures of the 

9 demonstration project, as reflected in a single 

10 comprehensive budget; 

11 ‘‘(J) an identification of the 1 or more spe12 cific tribal entities to administer and implement 

13 the delivery of services using the funds received 

14 from the underlying eligible programs identified 

15 under subparagraph (C); and 

16 ‘‘(K) an identification and explanation of 

17 any specific provision of law (including regula18 tions), policy, or procedure of an eligible under19 lying program identified under subparagraph 

20 (C) for which the eligible entity requests a waiv21 er. 

22 ‘‘(4) APPROVAL OR DISAPPROVAL.— 

23 ‘‘(A) IN GENERAL.—Not later than 90 

24 days after receipt of an application under this 

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1 cant in writing of whether the application has 

2 been approved or denied. 

3 ‘‘(B) NOTIFICATION REQUIREMENTS.—In 

4 each notification under subparagraph (A), the 

5 Secretary shall include— 

6 ‘‘(i) for each approved application— 

7 ‘‘(I) the terms and conditions of 

8 the approval in accordance with para9 graph (7); and 

10 ‘‘(II) a notification of whether 

11 any waiver request included in the ap12 plication under paragraph (3)(K) has 

13 been approved or denied in accordance 

14 with subsection (c)(5); and 

15 ‘‘(ii) for each disapproved application 

16 or waiver request, the reasons for the dis17 approval. 

18 ‘‘(5) APPLICATION AMENDMENTS.— 

19 ‘‘(A) IN GENERAL.—A grantee may submit 

20 to the Secretary a proposed amendment to an 

21 application approved under this subsection, in22 cluding any amendment to a waiver request 

23 submitted under paragraph (3)(K), at such 

24 time and in such manner as the Secretary may 

25 require. 


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1 ‘‘(B) APPROVAL.—Subject to paragraph 

2 (6), not later than 60 days after the date of re3 ceipt of a proposed amendment under subpara4 graph (A), the Secretary shall provide to the 

5 grantee a written notice describing whether the 

6 proposed amendment has been approved or dis7 approved. 

8 ‘‘(6) APPEAL OF SECRETARIAL DECISIONS ON

9 WAIVERS AND AMENDMENTS.— 

10 ‘‘(A) IN GENERAL.—A grantee may appeal 

11 a determination of the Secretary to disapprove 

12 a waiver request under subsection (c)(5) or an 

13 amendment request under paragraph (5)(B)— 

14 ‘‘(i) by amending and resubmitting to 

15 the Secretary the request and explanation 

16 in accordance with paragraph (3)(K) or 

17 (5), as applicable; or 

18 ‘‘(ii) by requesting reconsideration of 

19 the request. 

20 ‘‘(B) TIMEFRAME.—An appeal under sub21 paragraph (A) shall be submitted to the Sec22 retary by not later than the 30 days after the 

23 date of receipt of a notification of disapproval 

24 of— 


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1 ‘‘(i) a waiver request under paragraph 

2 (4)(B)(i)(II); or 

3 ‘‘(ii) an amendment request under 

4 paragraph (5)(B). 

5 ‘‘(C) FINAL DETERMINATION.—Not later 

6 than 30 days after the date of receipt of an ap7 peal under subparagraph (A), the Secretary 

8 shall provide to the grantee a written notice of 

9 the final approval or disapproval status of the 

10 waiver or amendment request, as applicable. 

11 ‘‘(7) TERMS AND CONDITIONS.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall 

13 include in each notification of approval of an 

14 application under paragraph (4) the terms and 

15 conditions of that approval, including— 

16 ‘‘(i) the date on which the eligible en17 tity may begin implementing the dem18 onstration project; 

19 ‘‘(ii) the services and support to be 

20 provided for the demonstration project by 

21 the Administration for Children and Fami22 lies and the Department of Health and 

23 Human Services; 


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1 ‘‘(iii) the responsibilities of the grant2 ee regarding implementation of the dem3 onstration project; 

4 ‘‘(iv) the terms of distribution to the 

5 demonstration project of funds from the el6 igible underlying programs identified in the 

7 approved application, to be made in ac8 cordance with a payment schedule deter9 mined by the Secretary; and 

10 ‘‘(v) a requirement that the grantee 

11 shall comply with all legal requirements 

12 applicable to the eligible underlying pro13 grams that have not been waived by the 

14 Secretary pursuant to this section. 

15 ‘‘(8) SELECTION CRITERIA.—The Secretary 

16 may give priority to a demonstration project of suffi17 cient scope and scale to be the basis of a thorough 

18 evaluation of any new approach or alternative meth19 od that best— 

20 ‘‘(A) addresses the unique challenges and 

21 barriers to effective and efficient programming; 

22 and 

23 ‘‘(B) ensures access to high-quality early 

24 childhood education services in tribal commu25 nities. 


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1 ‘‘(e) ELIGIBLE UNDERLYING PROGRAMS.— 

2 ‘‘(1) IN GENERAL.—A program eligible to be an 

3 underlying program from which a demonstration 

4 project receives financial assistance shall be one of 

5 the following: 

6 ‘‘(A) The social and economic development 

7 strategies program carried out under section 

8 803. 

9 ‘‘(B) The Native American language pres10 ervation and maintenance program carried out 

11 under section 803C, including the Esther Mar12 tinez initiative. 

13 ‘‘(C) The early childhood infrastructure de14 velopment grant program carried out under sec15 tion 805B(c). 

16 ‘‘(D) The early childhood professional de17 velopment grant program carried out under sec18 tion 805B(d). 

19 ‘‘(E) The program of block grants to 

20 States and Indian tribes for temporary assist21 ance for needy families for funding for childcare 

22 carried out under section 418 of the Social Se23 curity Act (42 U.S.C. 618). 

24 ‘‘(F) The tribal maternal, infant, and early 

25 childhood home visiting program carried out 


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1 under section 511 of the Social Security Act 

2 (42 U.S.C. 711). 

3 ‘‘(G) A Head Start program or an Early 

4 Head Start program carried out under the 

5 Head Start Act (42 U.S.C. 9831 et seq.) (ex6 cept if there has been a determination under 

7 section 641(c)(7)(A)(iii) of that Act (42 U.S.C. 

8 9836(c)(7)(A)(iii)) that the Head Start or 

9 Early Head Start agency of the Indian tribe 

10 submitting an application under subsection (d) 

11 has not been delivering a high-quality and com12 prehensive Head Start or Early Head Start 

13 program). 

14 ‘‘(H) The child care and development block 

15 grant program carried out under the Child Care 

16 and Development Block Grant Act of 1990 (42 

17 U.S.C. 9858 et seq.). 

18 ‘‘(I) Any additional program identified by 

19 the Secretary under paragraph (2). 

20 ‘‘(2) ADDITIONAL PROGRAMS.— 

21 ‘‘(A) IN GENERAL.—After consultation 

22 with the Work Group, the Secretary may in23 clude in a report under subsection (f)(2) a pro24 posal to designate any additional program ad25 ministered by the Secretary of Health and 


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1 Human Services as an eligible underlying pro2 gram for purposes of the demonstration pro3 gram under this section, subject to the condi4 tion that the additional program shall be con5 sistent with the purposes of the demonstration 

6 program. 

7 ‘‘(B) DEEMED APPROVAL.—If Congress 

8 fails to act on a proposal of the Secretary under 

9 subparagraph (A) by the date that is 180 days 

10 after the date of receipt of the applicable re11 port, the proposal shall be deemed to be ap12 proved by Congress. 

13 ‘‘(f) REPORTING REQUIREMENTS.— 

14 ‘‘(1) ELIGIBLE ENTITIES.— 

15 ‘‘(A) IN GENERAL.—Each grantee shall 

16 submit to the Secretary semiannual reports de17 scribing the progress achieved and monitoring 

18 conducted by the grantee in carrying out the 

19 demonstration project. 

20 ‘‘(B) REPORT CONTENTS.—Subject to sub21 section (g)(4)(B), each report submitted under 

22 subparagraph (A) shall include, with respect to 

23 the period covered by the report— 

24 ‘‘(i) an identification of— 


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1 ‘‘(I) all uses of Federal funding, 

2 including all major activities and ac3 complishments; and 

4 ‘‘(II) any problems in the imple5 mentation of the demonstration proj6 ect, including any delays and actions 

7 taken to address the problems; 

8 ‘‘(ii) a description of— 

9 ‘‘(I) all services provided to chil10 dren and families under the dem11 onstration project, including— 

12 ‘‘(aa) the number of children 

13 and families directly benefitting 

14 from the services; and 

15 ‘‘(bb) the qualifications and 

16 credentials of the employees of 

17 the demonstration project; 

18 ‘‘(II) the progress of the specific 

19 objectives of the demonstration proj20 ect; and 

21 ‘‘(III) activities planned under 

22 the demonstration project for the fol23 lowing reporting period; and 

24 ‘‘(iii) any additional information the 

25 Secretary determines to be necessary— 


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1 ‘‘(I) to support the objectives of 

2 the demonstration project; and 

3 ‘‘(II) to ensure appropriate use of 

4 Federal funding. 

5 ‘‘(C) STANDARD FORM.—The Secretary, in 

6 consultation with the Work Group, shall develop 

7 a standard report form— 

8 ‘‘(i) to be used by all grantees to 

9 achieve compliance with this paragraph; 

10 and 

11 ‘‘(ii) that can be used with respect to 

12 any eligible underlying program. 

13 ‘‘(2) SECRETARIAL REPORTS TO CONGRESS.— 

14 ‘‘(A) IN GENERAL.—Not later than 5 years 

15 after the date on which the first demonstration 

16 project is implemented under this section, and 

17 not less frequently than once every 5 years 

18 thereafter for the duration of the demonstration 

19 program, the Secretary shall submit to the con20 gressional committees described in subpara21 graph (B) a report that describes— 

22 ‘‘(i) any evidence-based developments 

23 achieved as a result of the demonstration 

24 program under this section; 


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1 ‘‘(ii) the progress and impacts of the 

2 demonstration projects carried out under 

3 this section; and 

4 ‘‘(iii) with respect to the initial report 

5 required under this subparagraph, a rec6 ommendation regarding the ways in which 

7 the application process for competitively 

8 awarded eligible underlying programs can 

9 be reduced and streamlined for grantees 

10 under this section. 

11 ‘‘(B) CONGRESSIONAL COMMITTEES.—The 

12 congressional committees referred to in sub13 paragraph (A) are— 

14 ‘‘(i) in the Senate— 

15 ‘‘(I) the Committee on Indian Af16 fairs; and 

17 ‘‘(II) the Committee on Health, 

18 Education, Labor, and Pensions; and 

19 ‘‘(ii) in the House of Representa20 tives— 

21 ‘‘(I) the Subcommittee on Indian, 

22 Insular and Alaska Native Affairs; 

23 and 

24 ‘‘(II) the Committee on Edu25 cation and the Workforce. 


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1 ‘‘(g) MONITORING AND OVERSIGHT; TERMI2 NATION.— 

3 ‘‘(1) IN GENERAL.—Notwithstanding any other 

4 provision of law, the Secretary, in consultation with 

5 the Work Group, shall implement a coordinated 

6 monitoring and oversight system that applies to all 

7 eligible underlying programs, including— 

8 ‘‘(A) review of the reports described in 

9 subsection (f); and 

10 ‘‘(B) onsite visits to demonstration proj11 ects, as the Secretary determines to be nec12 essary. 

13 ‘‘(2) COMPLIANCE.—For each demonstration 

14 project, the Secretary shall use the reports described 

15 in subsection (f) and other relevant information as 

16 the basis for determining whether a grantee has 

17 complied with— 

18 ‘‘(A) the terms and conditions of the dem19 onstration project; and 

20 ‘‘(B) any policy, procedure, or guidance 

21 issued under paragraph (4). 

22 ‘‘(3) TERMINATION.—The Secretary may termi23 nate funding to a demonstration project if— 


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1 ‘‘(A) pursuant to the monitoring and over2 sight system under paragraph (1), the Sec3 retary determines that— 

4 ‘‘(i) the implementation of the dem5 onstration project deviates significantly 

6 from the approved application without the 

7 prior approval of the Secretary; 

8 ‘‘(ii) noncompliance under paragraph 

9 (2) has occurred; and 

10 ‘‘(iii) the grantee has failed to correct 

11 the noncompliance described in clause (ii) 

12 after sufficient opportunity, as determined 

13 by the Secretary, to correct the noncompli14 ance; or 

15 ‘‘(B) the grantee submits to the Secretary 

16 a written request to terminate the demonstra17 tion project, including an explanation of the 

18 reasons for termination, as required by the Sec19 retary. 

20 ‘‘(4) POLICIES AND PROCEDURES.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), the Secretary may issue policies, 

23 procedures, and guidance relating to perform24 ance-based standards of accountability and in25 ternal controls necessary for a grantee and eliVerDate Sep 11 2014 00:01 May 04, 2016 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H5072.IH H5072

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1 gible underlying program to ensure appropriate 

2 use of Federal funding. 

3 ‘‘(B) RESTRICTION.—The Secretary shall 

4 not require a grantee to maintain a separate 

5 record for each eligible underlying program that 

6 traces the use of funds by the demonstration 

7 project back to each individual eligible under8 lying program. 

9 ‘‘(5) EVALUATION CRITERIA.—The Secretary, 

10 in consultation with Indian tribes and grantees, shall 

11 develop and promulgate regulations prescribing the 

12 parameters and evaluation criteria for assessing the 

13 quality of a demonstration project. 

14 ‘‘(h) FUNDING.— 

15 ‘‘(1) ALLOCATION.— 

16 ‘‘(A) IN GENERAL.—The Secretary, acting 

17 through the Assistant Secretary for Children 

18 and Families (referred to in this subsection as 

19 the ‘Secretary’), shall distribute to each grantee 

20 financial assistance using amounts appropriated 

21 to each applicable eligible underlying program 

22 identified by the grantee in the application 

23 under subsection (d)(3) in proportions to be de24 termined by the Secretary. 


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1 ‘‘(B) DETERMINATION.—The Secretary 

2 shall determine the amounts allocated to each 

3 grantee from each applicable eligible underlying 

4 program using the funding schedules or for5 mulas employed by the applicable eligible un6 derlying program. 

7 ‘‘(2) UNUSED FUNDS.— 

8 ‘‘(A) IN GENERAL.—Except as provided in 

9 subparagraph (C), any grant amounts that are 

10 not obligated or expended by the grantee on or 

11 before September 30 of the fiscal year for which 

12 the amounts were distributed under paragraph 

13 (1) shall remain available to the grantee until 

14 September 30 of the following fiscal year. 

15 ‘‘(B) REVERSION OF FUNDS.—Any grant 

16 amounts that are not obligated or expended by 

17 the grantee on or before the deadline described 

18 in subparagraph (A) shall revert to the Sec19 retary for reallocation to the eligible underlying 

20 programs for grants to eligible entities in the 

21 original proportions described in paragraph (1). 

22 ‘‘(C) EXCEPTION FOR CONSTRUCTION

23 PROJECTS.— 

24 ‘‘(i) IN GENERAL.—Notwithstanding 

25 subparagraph (A), grant amounts specifiVerDate Sep 11 2014 00:01 May 04, 2016 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H5072.IH H5072

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1 cally reserved in the budget described in 

2 subsection (d)(3)(I) for construction proj3 ects shall remain available to the grantee 

4 until the end of the 5th fiscal year fol5 lowing the fiscal year for which the 

6 amounts were distributed under paragraph 

7 (1). 

8 ‘‘(ii) REVERSION OF FUNDS.—Any 

9 grant amounts described in clause (i) that 

10 are not obligated or expended by the 

11 grantee on or before the deadline described 

12 in that clause shall revert to the Secretary 

13 for reallocation to the eligible underlying 

14 programs for grants to eligible entities in 

15 the original proportions described in para16 graph (1). 

17 ‘‘(3) ADMINISTRATION.—Notwithstanding any 

18 other provision of law, of amounts available to the 

19 Secretary and not otherwise obligated, the Secretary 

20 shall reserve each fiscal year $3,000,000 for admin21 istration of the demonstration program, of which— 

22 ‘‘(A) not less than 80 percent shall be used 

23 for technical assistance and evaluation capacity 

24 building activities under subsection (i); and 


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1 ‘‘(B) not more than 20 percent shall be 

2 used for oversight, grant application technical 

3 assistance, and demonstration program evalua4 tion. 

5 ‘‘(4) CONSOLIDATION OF FUNDS.—Notwith6 standing any other provision of law and in propor7 tions determined by the grantee, a grantee may con8 solidate financial assistance received from each eligi9 ble underlying program, subject to the condition that 

10 the grantee shall stipulate in the application under 

11 subsection (d)(3) that the grantee shall use the 

12 funds for the respective statutory and integrated 

13 purposes of the eligible underlying programs. 

14 ‘‘(5) ADMINISTRATIVE COSTS.—Notwithstand15 ing any other provision of law, a grantee may use 

16 not more than 15 percent of the total amount of fi17 nancial assistance received under this section for ad18 ministrative costs. 

19 ‘‘(6) FUNDING LEVEL MAINTENANCE.—The 

20 Secretary shall not reduce the amount of funding al21 located to an eligible underlying program as a result 

22 of the eligible underlying program being part of a 

23 demonstration project. 

24 ‘‘(i) TECHNICAL ASSISTANCE AND TRAINING.— 


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1 ‘‘(1) IN GENERAL.—The Secretary, in consulta2 tion with the Work Group, shall provide to grantees 

3 technical assistance and training relating to— 

4 ‘‘(A) demonstration project administration; 

5 ‘‘(B) monitoring and evaluation capacity 

6 development; 

7 ‘‘(C) coordination with tribal, Federal, 

8 State, and local agencies; or 

9 ‘‘(D) any other activity to achieve the ob10 jectives of this section that is— 

11 ‘‘(i) authorized by the Secretary; or 

12 ‘‘(ii) recommended by the Work 

13 Group. 

14 ‘‘(2) COORDINATION ASSISTANCE.—The Sec15 retary may provide to an entity approved by the 

16 Work Group financial assistance to carry out— 

17 ‘‘(A) an evaluation of the demonstration 

18 program to quantify any changes resulting from 

19 the demonstration program, based on perform20 ance indicators and outcome measurements 

21 used by grantees to evaluate progress in achiev22 ing the objectives of each demonstration 

23 project; 

24 ‘‘(B) development and implementation of 

25 unified data collection and reporting systems; 


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1 ‘‘(C) semiannual training and technical as2 sistance meetings and other activities sponsored 

3 by the Administration for Children and Fami4 lies; or 

5 ‘‘(D) any other technical assistance and 

6 training activity authorized under paragraph 

7 (1). 

8 ‘‘(3) TRIBAL EARLY CHILDHOOD WORK

9 GROUP.— 

10 ‘‘(A) IN GENERAL.—To assist in achieving 

11 the purposes of the demonstration program 

12 under this section, the Secretary shall establish 

13 a tribal early childhood demonstration program 

14 work group. 

15 ‘‘(B) MEMBERSHIP.—The Work Group 

16 shall be comprised of representatives of— 

17 ‘‘(i) the National Indian Child Care 

18 Association; 

19 ‘‘(ii) the Early Head Start Tribal 

20 Partnership; 

21 ‘‘(iii) the National Indian Head Start 

22 Directors Association; 

23 ‘‘(iv) the Indian Health Service; 

24 ‘‘(v) Tribal Child Care Development 

25 Fund Program Administrators; 


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1 ‘‘(vi) early childhood research centers 

2 with expertise in tribal early childhood pro3 grams, including the Tribal Early Child4 hood Research Center at the University of 

5 Colorado; 

6 ‘‘(vii) to the extent feasible, a diverse 

7 sampling of Indian tribes participating in 

8 the demonstration program under this sec9 tion; 

10 ‘‘(viii) the Administration for Native 

11 Americans; 

12 ‘‘(ix) the Tribal Home Visiting Pro13 gram; 

14 ‘‘(x) the National Indian Education 

15 Association; 

16 ‘‘(xi) the American Indian Higher 

17 Education Consortium; and 

18 ‘‘(xii) such other organizations, agen19 cies, and entities as the Secretary deter20 mines to be appropriate. 

21 ‘‘(C) DUTIES.—The Work Group shall ad22 vise the Secretary regarding the development 

23 and implementation of— 

24 ‘‘(i) the demonstration project report25 ing forms described in subsection (f)(1)(C); 


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1 ‘‘(ii) the coordinated monitoring and 

2 oversight system described in subsection 

3 (g)(1); and 

4 ‘‘(iii) the technical assistance and 

5 training described in this section. 

6 ‘‘SEC. 805B. EARLY CHILDHOOD INFRASTRUCTURE DEVEL7 OPMENT GRANT PROGRAM; EARLY CHILD8 HOOD PROFESSIONAL DEVELOPMENT GRANT 

9 PROGRAM. 

10 ‘‘(a) PURPOSES.—The purposes of this section are— 

11 ‘‘(1) to increase the number of highly qualified 

12 early childhood care and development service pro13 viders— 

14 ‘‘(A) who are Indian; or 

15 ‘‘(B) who work for programs serving tribal 

16 communities; and 

17 ‘‘(2) to ensure tribal early childhood care and 

18 development center infrastructure is safe and condu19 cive to serving the needs of the tribal communities 

20 that use that infrastructure. 

21 ‘‘(b) DEFINITIONS.—In this section: 

22 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en23 tity’ means a demonstration project carried out 

24 under section 805A that identified in the application 

25 under subsection (c)(3)(C)(iii) of that section the 


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1 program carried out under subsection (c) or (d), as 

2 applicable, as one of the eligible underlying pro3 grams to be used by the demonstration project. 

4 ‘‘(2) INDIAN.—The term ‘Indian’ has the mean5 ing given the term in section 7151 of the Elemen6 tary and Secondary Education Act of 1965 (20 

7 U.S.C. 7491). 

8 ‘‘(c) EARLY CHILDHOOD INFRASTRUCTURE DEVEL9 OPMENT GRANT PROGRAM.—The Secretary shall establish 

10 a program under which the Secretary shall make grants 

11 to eligible entities— 

12 ‘‘(1) to build facilities for early childhood care 

13 and development centers; or 

14 ‘‘(2) to upgrade existing childhood learning and 

15 development facilities. 

16 ‘‘(d) EARLY CHILDHOOD PROFESSIONAL DEVELOP17 MENT GRANT PROGRAM.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall estab19 lish a program under which the Secretary shall make 

20 grants to eligible entities to reimburse early child21 hood educators for out-of-pocket costs associated 

22 with obtaining early childhood certification or cre23 dentials. 

24 ‘‘(2) SPECIAL RULE.— 


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1 ‘‘(A) SERVICE FOR REIMBURSEMENT.—El2 igible entities receiving a grant under para3 graph (1) shall require early childhood edu4 cators who receive reimbursement under the 

5 grant to fulfill a period of obligated service with 

6 the demonstration project of the eligible entity 

7 in accordance with subparagraph (B). 

8 ‘‘(B) PERIOD OF OBLIGATED SERVICE.— 

9 ‘‘(i) IN GENERAL.—The Secretary 

10 shall provide each eligible entity receiving a 

11 grant under paragraph (1) with a form 

12 contract for obligated service that the eligi13 ble entity shall use to carry out subpara14 graph (A). 

15 ‘‘(ii) REQUIREMENT.—Before receiv16 ing reimbursement, the early childhood ed17 ucator and the eligible entity shall enter 

18 into a contract described in clause (i). 

19 ‘‘(e) ALLOCATION OF GRANTS.— 

20 ‘‘(1) EARLY CHILDHOOD INFRASTRUCTURE DE21 VELOPMENT GRANTS.—In making grants under sub22 section (c), the Secretary shall— 

23 ‘‘(A) allocate to an eligible entity such 

24 amounts as are requested in the application of 

25 the eligible entity; or 


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1 ‘‘(B) if funding is insufficient to fulfill the 

2 total amount requested by all eligible entities, 

3 fully fund a selection of eligible entities based 

4 on the following criteria: 

5 ‘‘(i) The likelihood of completing the 

6 proposed infrastructure project within the 

7 timeframe of the demonstration project. 

8 ‘‘(ii) The ability of the infrastructure 

9 project to address outstanding health and 

10 safety concerns. 

11 ‘‘(iii) Any other criteria identified by 

12 the Secretary, in consultation with the 

13 tribal early childhood demonstration pro14 gram work group established under section 

15 805A(i)(3). 

16 ‘‘(2) EARLY CHILDHOOD PROFESSIONAL DE17 VELOPMENT GRANT.—In making grants under sub18 section (d), the Secretary shall— 

19 ‘‘(A) allocate to an eligible entity such 

20 amounts as are requested in the application of 

21 the eligible entity; or 

22 ‘‘(B) if funding is insufficient to fulfill the 

23 total amount requested by all eligible entities, 

24 allocate funds to each eligible entity based on 

25 the proportion that— 


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1 ‘‘(i) the number of children served by 

2 the eligible entity; bears to 

3 ‘‘(ii) the total number of children 

4 served by all eligible entities approved for 

5 funding under subsection (d). 

6 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

7 ‘‘(1) EARLY CHILDHOOD INFRASTRUCTURE DE8 VELOPMENT GRANT PROGRAM.—There are author9 ized to be appropriated to carry out subsection (c)— 

10 ‘‘(A) $4,000,000 for each of fiscal years 

11 2017 through 2021; and 

12 ‘‘(B) such sums as are necessary for each 

13 fiscal year thereafter. 

14 ‘‘(2) EARLY CHILDHOOD PROFESSIONAL DE15 VELOPMENT GRANT PROGRAM.—There are author16 ized to be appropriated to carry out subsection (d)— 

17 ‘‘(A) $1,000,000 for each of fiscal years 

18 2017 through 2021; and 

19 ‘‘(B) such sums as are necessary for each 

20 fiscal year thereafter.’’. 

21 SEC. 3. TRIBAL EARLY CHILDHOOD EDUCATOR RECRUIT22 MENT AND RETENTION. 

23 (a) LOAN FORGIVENESS FOR EARLY CHILDHOOD

24 EDUCATORS.— 


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1 (1) FFEL LOANS.—Section 428J of the Higher 

2 Education Act of 1965 (20 U.S.C. 1078–10) is 

3 amended— 

4 (A) in subsection (b)(1)(A), by striking 

5 ‘‘section 465(a)(2)(A)’’ and inserting ‘‘subpara6 graph (A) or (B) of section 465(a)(2)’’; and 

7 (B) in subsection (c)(3)— 

8 (i) in the paragraph heading, by strik9 ing ‘‘OR SPECIAL EDUCATION’’ and insert10 ing ‘‘SPECIAL EDUCATION, OR TRIBAL

11 EARLY CHILDHOOD DEVELOPMENT PRO12 GRAMS’’; 

13 (ii) in subparagraph (A)(ii), by strik14 ing ‘‘and’’ after the semicolon; 

15 (iii) in subparagraph (B)(iii), by strik16 ing the period and inserting ‘‘; and’’; and 

17 (iv) by adding at the end the fol18 lowing: 

19 ‘‘(C) an early childhood teacher— 

20 ‘‘(i) who meets the requirements of 

21 subsection (b); and 

22 ‘‘(ii) whose qualifying employment for 

23 purposes of such subsection is in an early 

24 childhood learning and development pro25 gram— 


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1 ‘‘(I) that is operated by an In2 dian tribe (as defined in section 4 of 

3 the Indian Self-Determination and 

4 Education Assistance Act (25 U.S.C. 

5 450b)); or 

6 ‘‘(II) that serves a large percent7 age of Indian children, as defined by 

8 the Secretary.’’. 

9 (2) FEDERAL DIRECT LOANS.—Section 460 of 

10 the Higher Education Act of 1965 (20 U.S.C. 

11 1087j) is amended— 

12 (A) in subsection (b)(1)(A), by striking 

13 ‘‘section 465(a)(2)(A)’’ and inserting ‘‘subpara14 graph (A) or (B) of section 465(a)(2)’’; and 

15 (B) in subsection (c)(3)— 

16 (i) in the paragraph heading, by strik17 ing ‘‘OR SPECIAL EDUCATION’’ and insert18 ing ‘‘SPECIAL EDUCATION, OR TRIBAL

19 EARLY CHILDHOOD DEVELOPMENT PRO20 GRAMS’’; 

21 (ii) in subparagraph (A)(ii), by strik22 ing ‘‘and’’ after the semicolon; 

23 (iii) in subparagraph (B)(iii), by strik24 ing the period and inserting ‘‘; and’’; and 


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1 (iv) by adding at the end the fol2 lowing: 

3 ‘‘(C) an early childhood teacher— 

4 ‘‘(i) who meets the requirements of 

5 subsection (b); and 

6 ‘‘(ii) whose qualifying employment for 

7 purposes of such subsection is in an early 

8 childhood learning and development pro9 gram— 

10 ‘‘(I) that is operated by an In11 dian tribe (as defined in section 4 of 

12 the Indian Self-Determination and 

13 Education Assistance Act (25 U.S.C. 

14 450b)); or 

15 ‘‘(II) that serves a large percent16 age of Indian children, as defined by 

17 the Secretary.’’. 

18 (b) CANCELLATION OF LOANS FOR TRIBAL EARLY

19 CHILDHOOD EDUCATORS.—Subparagraph (B) of section 

20 465(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 

21 1087ee(a)(2)) is amended to read as follows: 

22 ‘‘(B) as a full-time staff member with a 

23 baccalaureate degree— 

24 ‘‘(i) in a preschool program carried 

25 out under the Head Start Act (42 U.S.C. 


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1 9831 et seq.) that is operated for a period 

2 which is comparable to a full school year in 

3 the locality, if the salary of such staff 

4 member is not more than the salary of a 

5 comparable employee of the local edu6 cational agency for the locality; 

7 ‘‘(ii) in a prekindergarten or child 

8 care program that is licensed or regulated 

9 by the State or an Indian tribe (as defined 

10 in section 4 of the Indian Self-Determina11 tion and Education Assistance Act (25 

12 U.S.C. 450b)) that is operated for a period 

13 which is comparable to a full school year in 

14 the locality, if the salary is not more than 

15 the salary of a comparable employee of the 

16 local educational agency for the locality; 

17 ‘‘(iii) in a center-based early childhood 

18 learning or development program operated 

19 through the family and child education 

20 program of the Bureau of Indian Edu21 cation; or 

22 ‘‘(iv) in an early childhood learning or 

23 development center operated by an Indian 

24 tribe (as so defined) utilizing funds from— 


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1 ‘‘(I) early childhood learning and 

2 development grants awarded under 

3 the Native American Programs Act of 

4 1974 (42 U.S.C. 2991 et seq.), in5 cluding such grants under section 

6 803C, 805A, or 805B of such Act; 

7 ‘‘(II) grants awarded under the 

8 Child Care and Development Block 

9 Grant Act of 1990 (42 U.S.C. 9858 et 

10 seq.); or 

11 ‘‘(III) any other early childhood 

12 learning and development grants ad13 ministered by the Administration for 

14 Children and Families under the De15 partment of Health and Human Serv16 ices, as determined by the Assistant 

17 Secretary for the Administration for 

18 Children and Families.’’. 

Æ 


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