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 integra-
tion of early childhood development, education, including 
Native language and culture, and related services, for 
evaluation of those demonstration projects, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Tribal Early Child-
hood, Education, and Related Services Integration Act of 
2016’’. 
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SEC. 2. TRIBAL EARLY CHILDHOOD DEMONSTRATION 
PROJECTS. 
The Native American Programs Act of 1974 is 
amended by inserting after section 805 (42 U.S.C. 2991d) 
the following: 
‘‘SEC. 805A. TRIBAL EARLY CHILDHOOD DEMONSTRATION 
PROJECTS. 
‘‘(a) PURPOSES.—The purposes of this section are— 
‘‘(1) to promote coordination of tribal early 
childhood education programs to meet the locally de-
termined needs of tribal communities, children, and 
families, consistent with tribal values and traditions; 
‘‘(2) to support integration of quality early 
childhood and family support systems, including 
data systems, across various tribal programs that 
serve Indian children, pregnant women, parents, pri-
mary caregivers, and families, from pregnancy to 
kindergarten entry; 
‘‘(3) to strengthen the integration of Native 
languages and cultures into tribal early childhood 
education programs, services, and support; 
‘‘(4) to identify and address real and perceived 
barriers to collaboration and systems improvement 
across tribal early childhood education programs; 
‘‘(5) to foster— 
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‘‘(A) further development in tribal commu-
nities of culturally informed early childhood 
education programs; 
‘‘(B) ongoing research and continuous im-
provement in the quality of early childhood edu-
cational and professional development; and 
‘‘(C) effective evidence- or research-based 
practices in tribal communities; 
‘‘(6) to develop, test, and disseminate inte-
grated locally designed and innovative tribal early 
childhood education program variations that meet 
the needs of the tribal community in accordance 
with this section; and 
‘‘(7) to increase the quality and availability of 
comprehensive tribal early childhood education serv-
ices available to Indian children and families, includ-
ing increasing— 
‘‘(A) the number of Indian children and 
families receiving high quality services; and 
‘‘(B) the availability of full-day, full-year 
preschool services in tribal communities. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) DEMONSTRATION
PROGRAM.—The term 
‘demonstration program’ means the program estab-
lished under subsection (c). 
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‘‘(2) DEMONSTRATION
PROJECT.—The term 
‘demonstration project’ means a project carried out 
under subsection (d). 
‘‘(3) EARLY
CHILDHOOD
EDUCATION
PRO-
GRAM.—The term ‘early childhood education pro-
gram’ means— 
‘‘(A) a Head Start program or an Early 
Head Start program carried out under the 
Head Start Act (42 U.S.C. 9831 et seq.), in-
cluding— 
‘‘(i) a migrant or seasonal Head Start 
program; 
‘‘(ii) an Indian Head Start program; 
or 
‘‘(iii) a Head Start program or an 
Early Head Start program that receives 
State or tribal funding in addition to Fed-
eral funding; 
‘‘(B) a State or tribally licensed or regu-
lated child care program; and 
‘‘(C) a program that— 
‘‘(i) 
serves 
children 
from 
birth 
through age 6; 
‘‘(ii) addresses the cognitive (including 
language, early literacy, and early mathe-
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matics), social, emotional, and physical de-
velopment of children; and 
‘‘(iii) is— 
‘‘(I) a State or tribal prekinder-
garten program; 
‘‘(II) a program authorized under 
section 619 or part C of the Individ-
uals with Disabilities Education Act 
(20 U.S.C. 1419; 20 U.S.C. 1431 et 
seq.); 
‘‘(III) a program operated by a 
local educational agency; or 
‘‘(IV) a program operated by an 
Indian tribe. 
‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) an Indian tribe; 
‘‘(B) a tribal organization, including— 
‘‘(i) a tribal education agency (as de-
fined in section 3 of the National Environ-
mental Education Act (20 U.S.C. 5502)) 
designated by an Indian tribe; and 
‘‘(ii) a Tribal College or University 
designated by an Indian tribe; and 
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‘‘(C) a consortium that includes as the pri-
mary member an entity described in subpara-
graph (A) or (B). 
‘‘(5) ELIGIBLE
UNDERLYING
PROGRAM.—The 
term ‘eligible underlying program’ means any pro-
gram described in subsection (e). 
‘‘(6) GRANTEE.—The term ‘grantee’ means the 
eligible entity carrying out a demonstration project 
using financial assistance provided under subsection 
(h). 
‘‘(7) INDIAN.—The term ‘Indian’ has the mean-
ing given the term in section 4 of the Indian Self- 
Determination and Education Assistance Act (25 
U.S.C. 450b). 
‘‘(8) INDIAN TRIBE.— 
‘‘(A) IN
GENERAL.—The term ‘Indian 
tribe’ has the meaning given the term in section 
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b). 
‘‘(B) INCLUSION.—The term ‘Indian tribe’ 
includes a tribal organization that is designated 
by an Indian tribe. 
‘‘(9) TRIBAL COLLEGE OR UNIVERSITY.—The 
term ‘Tribal College or University’ has the meaning 
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given the term in section 316(b) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1059c(b)). 
‘‘(10) TRIBAL ORGANIZATION.—The term ‘trib-
al organization’ has the meaning given the term in 
section 658P of the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858n). 
‘‘(11) WORK GROUP.—The term ‘Work Group’ 
means the tribal early childhood demonstration pro-
gram work group established under subsection 
(i)(3). 
‘‘(c) ESTABLISHMENT
OF DEMONSTRATION PRO-
GRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a demonstration program under which the Sec-
retary shall provide to eligible entities financial as-
sistance, using amounts appropriated to the 1 or 
more underlying eligible programs identified by the 
eligible entity in the application under subsection 
(d)(3)(C), for tribal early childhood education dem-
onstration projects. 
‘‘(2) LIMITATION.—The Secretary shall select 
for participation in the demonstration program not 
more than 10 new eligible entities for each fiscal 
year. 
‘‘(3) DURATION.— 
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‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), each grantee shall carry out, during 
the 5-year period beginning on the date of re-
ceipt, a demonstration project described in 
paragraph (4). 
‘‘(B) EXTENSION.—The Secretary may ex-
tend the term of a demonstration project under 
subparagraph (A) for 1 or more additional peri-
ods of such time as the Secretary determines to 
be appropriate. 
‘‘(4) ELIGIBILITY.—To be eligible for participa-
tion in the demonstration program under this sub-
section, an eligible entity shall demonstrate to the 
satisfaction of the Secretary that the demonstration 
project proposed to be carried out by the eligible en-
tity is— 
‘‘(A) designed to test or assist in the devel-
opment of any new approach or method that— 
‘‘(i) 
addresses 
tribal 
community 
needs; 
‘‘(ii) aids in overcoming unique tribal 
community problems impacting the effec-
tive delivery of early childhood education 
and development services; 
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‘‘(iii) fosters continuous improvement 
in the quality of early childhood services 
and support in tribal communities; and 
‘‘(iv) enables participating Indian chil-
dren and families to thrive and succeed in 
school and otherwise; and 
‘‘(B) focused on culturally based early 
childhood education, Native language and cul-
tural revitalization and maintenance, and re-
lated services. 
‘‘(5) WAIVERS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B)(i), the Secretary shall waive, with re-
spect to a demonstration project, any specific 
provision of Federal law (including regulations), 
policy, or procedure described in a waiver re-
quested under subsection (d)(3)(K), if the Sec-
retary determines that— 
‘‘(i) the provision, policy, or procedure 
relates specifically to an eligible underlying 
program from which the demonstration 
project receives financial assistance; and 
‘‘(ii) the waiver— 
‘‘(I) will enhance the ability of 
the grantee to coordinate and align 
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the eligible underlying program with 
the demonstration project; 
‘‘(II) is consistent with the pur-
poses of this section; and 
‘‘(III) would not jeopardize the 
health, safety, civil rights, or well- 
being of the individuals to be served 
by the demonstration project. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) IN
GENERAL.—In carrying out 
this subsection, the Secretary may not 
waive— 
‘‘(I) any specific Federal law (in-
cluding regulations), policy, or proce-
dure relating to operation of a Head 
Start program or an Early Head 
Start program carried out under the 
Head Start Act (42 U.S.C. 9831 et 
seq.); or 
‘‘(II) any specific statutory re-
quirement for recipients of Federal 
funding relating to maintenance of ef-
fort or the use of Federal funds to 
supplement, and not supplant, non- 
Federal funds, unless the waiver au-
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thority exists under the eligible under-
lying program. 
‘‘(ii) 
LIMITATION.—Notwithstanding 
clause (i), the Secretary may waive a re-
quirement to provide non-Federal match-
ing funds. 
‘‘(6) SPECIAL RULE.—The Secretary shall en-
sure that all demonstration projects carried out 
under this section respect and incorporate the pur-
poses of each eligible underlying program incor-
porated by the grantee into the demonstration 
project. 
‘‘(d) APPLICATIONS.— 
‘‘(1) IN GENERAL.—Each eligible entity desir-
ing participation in the demonstration program shall 
submit to the Secretary an application at such time, 
in such manner, and containing such information as 
the Secretary may require. 
‘‘(2) GENERAL APPLICATION.—An eligible enti-
ty may submit 1 general application under this sub-
section, which shall meet all grant application re-
quirements of each noncompetitively awarded eligible 
underlying program identified by the eligible entity 
under paragraph (3)(C). 
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‘‘(3) CONTENT.—Each application under para-
graph (1) shall include a proposal that contains, 
with 
respect 
to 
the 
proposed 
demonstration 
project— 
‘‘(A) an identification of the population to 
be served by the demonstration project, includ-
ing— 
‘‘(i) an identification of the geo-
graphical service area to be covered; 
‘‘(ii) a comprehensive assessment of 
early childhood care and development 
needs within that service area, including a 
description of the assets of each tribal 
community benefitting from the dem-
onstration project that will be used to im-
prove project quality and child and family 
outcomes; 
‘‘(iii) a description of obstacles to ac-
cessing early childhood education programs 
and opportunities in that service area, such 
as— 
‘‘(I) a shortage of enrollment 
slots in existing child care or early 
learning programs; 
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‘‘(II) problems in the recruitment 
and retention of high quality staff; 
and 
‘‘(III) a lack of sufficient trans-
portation or educational facility infra-
structure; and 
‘‘(iv) a description of the means by 
which the proposal addresses the items 
identified in clauses (ii) and (iii); 
‘‘(B) a plan for improving Indian family 
and tribal community engagement and consulta-
tion services, including a description of— 
‘‘(i) the methods the demonstration 
project— 
‘‘(I) has implemented for effec-
tive engagement with Indian families 
and tribal community members living 
in the covered geographical service 
area during development of the dem-
onstration project application through 
the notice and public comment proc-
ess; and 
‘‘(II) will use to continue con-
sultation and engagement with Indian 
families and tribal community mem-
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bers living in the covered geographical 
service area during implementation of 
the demonstration project; and 
‘‘(ii) how the demonstration project 
will engage Indian parents in partnerships 
to reach proposal goals; 
‘‘(C) an identification of the 1 or more eli-
gible underlying programs selected by the eligi-
ble entity for inclusion in the proposed dem-
onstration project; 
‘‘(D) a description of the framework for 
center-based and family-based early childhood 
educational programing to be used by the dem-
onstration project, including a description of 
how the demonstration project will coordinate 
with the eligible underlying programs proposed 
under subparagraph (C) to promote in the ap-
plicable tribal community— 
‘‘(i) school readiness; 
‘‘(ii) family engagement; 
‘‘(iii) parenting skills; and 
‘‘(iv) healthy child development; 
‘‘(E) an explanation of the role of Native 
language and culture in the demonstration 
project; 
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‘‘(F) a description of data that will be col-
lected for monitoring and evaluation purposes, 
including— 
‘‘(i) the methods and systems for data 
collection and management; 
‘‘(ii) identified metrics that will be 
used to measure progress toward proposal 
goals; 
‘‘(iii) any duplicative data or adminis-
trative systems that will be streamlined 
through integration with the eligible under-
lying programs; 
‘‘(iv) the precautions that will be used 
to ensure the privacy of participants who 
have data collected in accordance with the 
applicable privacy requirements of— 
‘‘(I) section 444 of the Family 
Educational Rights and Privacy Act 
(20 U.S.C. 1232g); and 
‘‘(II) the Health Insurance Port-
ability and Accountability Act of 1996 
(42 U.S.C. 201 et seq.); 
‘‘(G) a description of technical assistance 
and training the eligible entity will need to fur-
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ther develop or implement the monitoring and 
evaluation portion of the proposal; 
‘‘(H) a description of how programming 
funded under the demonstration project will ad-
dress child and family mental health issues, in-
cluding issues relating to violence and substance 
abuse; 
‘‘(I) the total projected expenditures of the 
demonstration project, as reflected in a single 
comprehensive budget; 
‘‘(J) an identification of the 1 or more spe-
cific tribal entities to administer and implement 
the delivery of services using the funds received 
from the underlying eligible programs identified 
under subparagraph (C); and 
‘‘(K) an identification and explanation of 
any specific provision of law (including regula-
tions), policy, or procedure of an eligible under-
lying program identified under subparagraph 
(C) for which the eligible entity requests a waiv-
er. 
‘‘(4) APPROVAL OR DISAPPROVAL.— 
‘‘(A) IN
GENERAL.—Not later than 90 
days after receipt of an application under this 
subsection, the Secretary shall notify an appli-
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cant in writing of whether the application has 
been approved or denied. 
‘‘(B) NOTIFICATION
REQUIREMENTS.—In 
each notification under subparagraph (A), the 
Secretary shall include— 
‘‘(i) for each approved application— 
‘‘(I) the terms and conditions of 
the approval in accordance with para-
graph (7); and 
‘‘(II) a notification of whether 
any waiver request included in the ap-
plication under paragraph (3)(K) has 
been approved or denied in accordance 
with subsection (c)(5); and 
‘‘(ii) for each disapproved application 
or waiver request, the reasons for the dis-
approval. 
‘‘(5) APPLICATION AMENDMENTS.— 
‘‘(A) IN GENERAL.—A grantee may submit 
to the Secretary a proposed amendment to an 
application approved under this subsection, in-
cluding any amendment to a waiver request 
submitted under paragraph (3)(K), at such 
time and in such manner as the Secretary may 
require. 
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‘‘(I) all uses of Federal funding, 
including all major activities and ac-
complishments; and 
‘‘(II) any problems in the imple-
mentation of the demonstration proj-
ect, including any delays and actions 
taken to address the problems; 
‘‘(ii) a description of— 
‘‘(I) all services provided to chil-
dren and families under the dem-
onstration project, including— 
‘‘(aa) the number of children 
and families directly benefitting 
from the services; and 
‘‘(bb) the qualifications and 
credentials of the employees of 
the demonstration project; 
‘‘(II) the progress of the specific 
objectives of the demonstration proj-
ect; and 
‘‘(III) activities planned under 
the demonstration project for the fol-
lowing reporting period; and 
‘‘(iii) any additional information the 
Secretary determines to be necessary— 
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