419
(E) a representative of the Director of the 
Administrative Office of the United States 
Courts, at the election of the Director. 
(2) FUNCTIONS.—The council shall facilitate 
cooperation and sharing of best practices, and de-
velop and coordinate policy, regarding the provision 
of child care, including the provision of areas for 
nursing mothers and other lactation support facili-
ties and services, in the Federal Government. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$900,000 for fiscal year 2004 and such sums as may be 
necessary for each subsequent fiscal year. 
SEC. 3244. FEDERAL CHILD CARE EVALUATION. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Administrator and the 
Director of the Office of Personnel Management shall 
jointly prepare and submit to Congress a report that eval-
uates child care provided by entities sponsoring child care 
facilities in executive facilities, legislative facilities, or judi-
cial facilities. 
(b) CONTENTS.—The evaluation shall contain, at a 
minimum— 
(1) information on the number of children re-
ceiving child care described in subsection (a), ana-
420
lyzed by age, including information on the number 
of those children who are age 6 through 12;
(2) information on the number of families not 
using child care described in subsection (a) because 
of the cost of the child care; and 
(3) recommendations for improving the quality 
and cost-effectiveness of child care described in sub-
section (a), including recommendations of options 
for creating an optimal organizational structure and 
using best practices for the delivery of the child 
care. 
SEC. 3245. CHILD CARE SERVICES FOR FEDERAL EMPLOY-
EES. 
(a) IN GENERAL.—In addition to services authorized 
to be provided by an agency pursuant to section 590 of 
title 40, United States Code, an Executive agency that 
provides, or proposes to provide, child care services for 
Federal employees may use agency funds to provide the 
child care services, in a facility that is owned or leased 
by an Executive agency, or through a contractor, for civil-
ian employees of the agency. 
(b) AFFORDABILITY.—Funds so used with respect to 
any such facility or contractor shall be applied to improve 
the affordability of child care for lower income federal em-
421
ployees using or seeking to use the child care services of-
fered by the facility or contractor. 
(c) REGULATIONS.—The Administrator, after con-
sultation with the Director of the Office of Personnel Man-
agement, shall, within 180 days after the date of enact-
ment of this Act, issue regulations necessary to carry out 
this section. 
(d) DEFINITION.—For purposes of this section, the 
term ‘‘Executive agency’’ has the meaning given the term 
by section 105 of title 5, United States Code, but does 
not include the General Accounting Office. 
SEC. 3246. MISCELLANEOUS PROVISIONS RELATING TO 
CHILD CARE PROVIDED BY FEDERAL AGEN-
CIES. 
(a) GUIDANCE, ASSISTANCE, AND OVERSIGHT.—Sec-
tion 590(a) of title 40, United States Code, is amended—
(1) by inserting ‘‘federal’’ before ‘‘child care 
centers’’; and 
(2) by striking ‘‘federal workers’’ and inserting 
‘‘federal employees’’. 
(b) AVAILABILITY OF FEDERAL CHILD CARE CEN-
TERS FOR ONSITE CONTRACTORS; PERCENTAGE GOAL.—
Section 590(b) of title 40, United States Code, is amend-
ed—
422
(1) in paragraph (1)(B), by striking ‘‘officer or 
agency of the Federal Government’’ and inserting 
‘‘federal agency or officer of a federal agency’’; and 
(2) in paragraph (2)(C), by striking clauses (i) 
and (ii) and inserting the following: 
‘‘(i) the space will be used to provide 
child care and related services to— 
‘‘(I) children of federal employees 
or onsite federal contractors; or 
‘‘(II) dependent children who live 
with federal employees or onsite fed-
eral contractors; and 
‘‘(ii) the child care provider will give 
priority for available child care and related 
services in the space to federal employees 
and onsite federal contractors.’’. 
(c) PAYMENT OF COSTS OF TRAINING PROGRAMS.—
Section 590(d) of title 40, United States Code, is amended 
to read as follows: 
‘‘(d) PAYMENT OF OTHER COSTS.—
‘‘(1) PAYMENT
OF
ACCREDITATION
FEES; 
TRAINING, 
CONFERENCE, 
AND
MEETING
EX-
PENSES.—If a federal agency has a child care facil-
ity in a federal space, or is a sponsoring agency for 
a child care facility in a federal space, the agency or
423
the General Services Administration may pay ac-
creditation fees, including renewal fees, for that cen-
ter to be accredited. Any federal agency that pro-
vides or proposes to provide child care services for 
children referred to in subsection (b)(2)(C)(i), may 
reimburse any federal employee or any person em-
ployed to provide the services for the costs of train-
ing programs, conferences, and meetings and related 
travel, transportation, and subsistence expenses in-
curred in connection with those activities. Any per 
diem allowance made under this subsection shall not 
exceed the rate specified in regulations prescribed 
under section 5707 of title 5, United States Code. 
‘‘(2) AGREEMENTS.—
‘‘(A) PAYMENT OF GENERAL OPERATING 
EXPENSES THROUGH AGREEMENTS WITH PRI-
VATE
ENTITIES.—If a federal agency has a 
child care facility in a federal space, or is a 
sponsoring agency for a child care facility in a 
federal space, the agency, the child care center 
board of directors, or the General Services Ad-
ministration may enter into an agreement with 
1 or more private entities under which the pri-
vate entities will assist in defraying the general 
operating expenses of the child care providers
424
including providing salaries and tuition assist-
ance programs at the facility.
‘‘(B) PROVISIONS
OF
COST-EFFECTIVE 
SERVICES THROUGH AGREEMENTS.—
‘‘(i) IN
GENERAL.—Notwithstanding 
any other provision of law, if a federal 
agency does not have a child care program, 
or if the Administrator of General Services 
has identified a need for child care for fed-
eral employees at a federal agency pro-
viding child care services that do not meet 
the requirements of subsection (b), the 
agency or the Administrator may enter 
into an agreement with a non-Federal, li-
censed, and accredited child care facility, 
or a planned child care facility that will be-
come licensed and accredited, for the provi-
sion of child care services for children of 
federal employees. 
‘‘(ii) DETERMINATION.—Before enter-
ing into such an agreement, the head of 
the federal agency shall determine that 
providing child care services through the 
agreement is more cost-effective than es-
tablishment of a federal child care center.
425
‘‘(iii) PAYMENT
OF
FEES
OR
REIM-
BURSEMENT BY A FEDERAL AGENCY.—The 
federal agency may pay the fees or provide 
the reimbursement described in paragraph 
(1) if, in exchange for the services, the fa-
cility reserves child care spaces for children 
referred to in subsection (b)(2)(C)(i), as 
agreed to by the parties. The cost of any 
such services provided by a federal agency 
to a federal child care facility on behalf of 
another federal agency shall be reimbursed 
by the receiving agency. 
‘‘(C) APPLICATION.—This paragraph does 
not apply to residential child care programs.’’. 
(d) ENROLLMENT GOALS AND PARTNERSHIPS OR 
CONTRACTS WITH NONGOVERNMENTAL ENTITIES.—Sec-
tion 590 of title 40, United States Code, is amended—
(1) by striking subsection (e); 
(2) by redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively; 
(3) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) ENROLLMENT GOALS AND PARTNERSHIPS OR 
CONTRACTS WITH NONGOVERNMENTAL ENTITIES.—
‘‘(1) ENROLLMENT GOALS.—
426
‘‘(A) 
GOVERNMENT-WIDE
STANDARD.—
The Administrator of General Services shall 
confirm that at least 50 percent of aggregate 
enrollment in federal child care centers govern-
mentwide are children of federal employees or 
onsite federal contractors, or dependent chil-
dren who live with federal employees or onsite 
federal contractors. 
‘‘(B) INDIVIDUAL
CENTER
GOAL.—Each 
provider of child care services at an individual 
federal child care center shall maintain 50 per-
cent of the enrollment at the center of children 
described under subparagraph (A) as a goal for 
enrollment at the center. 
‘‘(C) BUSINESS PLAN TO ACHIEVE GOAL.—
‘‘(i) PLAN.—If enrollment at such a 
center does not meet the percentage goal 
under subparagraph (B), the provider shall 
develop and implement a business plan 
with the sponsoring federal agency to 
achieve the goal within a reasonable time-
frame. 
‘‘(ii) CRITERIA.—The plan shall be 
approved by the Administrator of General 
Services based on—
427
‘‘(I) compliance of the plan with 
standards established by the Adminis-
trator; and 
‘‘(II) the effect of the plan on 
achieving the aggregate government-
wide enrollment percentage goal de-
scribed in subparagraph (A). 
‘‘(2) PARTNERSHIPS OR CONTRACTS WITH NON-
GOVERNMENTAL
ENTITIES.—The Administrator of 
General Services may enter into public-private part-
nerships or contracts with nongovernmental entities 
to increase the capacity, quality, affordability, or 
range of child care and related services and may, on 
a demonstration basis, waive subsection (b)(2)(C)(ii) 
and paragraph (1) of this subsection.’’. 
(e) PILOT PROJECTS.—Section 590 of title 40, 
United States Code, as amended by subsection (d), is fur-
ther amended by inserting after subsection (e) the fol-
lowing: 
‘‘(f) PILOT PROJECTS.—
‘‘(1) IN GENERAL.—Upon approval of the agen-
cy head, a federal agency may conduct a pilot 
project not otherwise authorized by law for no more 
than 2 years to test innovative approaches to pro-
viding alternative forms of quality child care assist-
428
ance for federal employees. A federal agency head 
may extend such a pilot project for an additional 2-
year period. Before any such pilot project may be 
implemented, a determination shall be made by the 
agency head that initiating the pilot project would be 
more cost-effective than establishing a new federal 
child care center. Costs of any such pilot project 
shall be paid solely by the agency conducting the 
pilot project. 
‘‘(2) INFORMATION CLEARINGHOUSE.—The Ad-
ministrator of General Services shall serve as an in-
formation clearinghouse for pilot projects initiated 
by federal agencies under this subsection to dissemi-
nate information concerning the pilot projects to the 
other federal agencies. 
‘‘(3) EVALUATIONS.—Within 6 months after 
completion of the initial 2-year pilot project period 
described in paragraph (1), a federal agency con-
ducting a pilot project under this subsection shall 
provide for an evaluation of the impact of the 
project on the delivery of child care services to fed-
eral employees, and shall submit the results of the 
evaluation to the Administrator of General Services. 
The Administrator shall share the results with other 
federal agencies.’’.
429
(f) DEFINITIONS.—Section 590 of title 40, United 
States Code, as amended by subsection (e), is further 
amended by adding at the end the following: 
‘‘(i) DEFINITIONS.—In subsections (a) through (f): 
‘‘(1) FEDERAL
AGENCY.—The term ‘federal 
agency’ has the meaning given the term ‘Executive 
agency’ in section 3242 of the Federal Employees 
Child Care Act. 
‘‘(2) FEDERAL BUILDINGS; FEDERAL SPACE.—
The terms ‘federal building’ and ‘federal space’ have 
the meanings given the term ‘executive facility’ in 
such section 3242. 
‘‘(3) FEDERAL
CHILD
CARE
CENTER.—The 
term ‘federal child care center’ means a child care 
center in an executive facility, as defined in such 
section 3242. 
‘‘(4) FEDERAL
CONTRACTOR; FEDERAL
EM-
PLOYEE.—The terms ‘federal contractor’ and ‘fed-
eral employee’ mean a contractor and an employee, 
respectively, of an Executive agency, as defined in 
such section 3242.’’.
CHAPTER 4—EARLY LEARNING 
SEC. 3251. SHORT TITLE; FINDINGS. 
(a) SHORT TITLE.—This chapter may be cited as the 
‘‘Early Learning Linkages Act of 2003’’.
430
(b) FINDINGS.—Congress finds that—
(1) medical research demonstrates that ade-
quate stimulation of a young child’s brain between 
birth and age 5 is critical to the physical develop-
ment of the young child’s brain; 
(2) parents are the most significant and effec-
tive teachers of their children, and they alone are re-
sponsible for choosing the best early learning oppor-
tunities for their child; 
(3) parent education and parent involvement 
are critical to the success of any early learning pro-
gram or activity; 
(4) the more intensively parents are involved in 
their child’s early learning, the greater the cognitive 
and noncognitive benefits to their children; 
(5) many parents have difficulty finding the in-
formation and support the parents seek to help their 
children grow to their full potential; 
(6) each day approximately 13,000,000 young 
children, including 6,000,000 infants or toddlers, 
spend some or all of their day being cared for by 
someone other than their parents; 
(7) quality early learning programs, including 
those designed to promote effective parenting, can 
increase the literacy rate, the secondary school grad-
431
uation rate, the employment rate, and the college en-
rollment rate for children who have participated in 
voluntary early learning programs and activities; 
(8) early childhood interventions can yield sub-
stantial advantages to participants in terms of emo-
tional and cognitive development, education, eco-
nomic well-being, and health, with the latter two ad-
vantages applying to the children’s families as well; 
(9) participation in quality early learning pro-
grams, including those designed to promote effective 
parenting, can decrease the future incidence of teen-
age pregnancy, welfare dependency, at-risk behav-
iors, and juvenile delinquency for children; 
(10) several cost-benefit analysis studies indi-
cate that for each $1 invested in quality early learn-
ing programs, the Federal Government can save over 
$5 by reducing the number of children and families 
who participate in Federal Government programs 
like special education and welfare; 
(11) for children placed in the care of others 
during the workday, the low salaries paid to the 
child care staff, the lack of career progression for 
the staff, and the lack of child development special-
ists involved in early learning and child care pro-
grams, make it difficult to attract and retain the
432
quality of staff necessary for a positive early learn-
ing experience; 
(12) Federal Government support for early 
learning has primarily focused on out-of-home care 
programs like those established under the Head 
Start Act, the Child Care and Development Block 
Grant of 1990, and part C of the Individuals with 
Disabilities Education Act, and these programs—
(A) serve far fewer than half of all eligible 
children; 
(B) are not primarily designed to provide 
support for parents who care for their young 
children in the home; and 
(C) lack a means of coordinating early 
learning opportunities in each community; and 
(13) by helping communities increase, expand, 
and better coordinate early learning opportunities 
for children and their families, the productivity and 
creativity of future generations will be improved, and 
the Nation will be prepared for continued leadership 
in the 21st century. 
SEC. 3252. PURPOSES. 
The purposes of this chapter are—
(1) to increase the availability of voluntary pro-
grams, services, and activities that support early
433
childhood development, increase parent effectiveness, 
and promote the learning and socioemotional readi-
ness of young children so that young children enter 
school ready to learn; 
(2) to remove barriers to the provision of an ac-
cessible system of early childhood learning programs 
in communities throughout the United States; 
(3) to increase the availability and affordability 
of professional development activities and compensa-
tion for caregivers and child care providers; and 
(4) to facilitate the development of community-
based systems of collaborative service delivery mod-
els characterized by resource sharing, linkages be-
tween appropriate supports, and local planning for 
services. 
SEC. 3253. DEFINITIONS. 
In this chapter: 
(1) CAREGIVER.—The term ‘‘caregiver’’ means 
an individual (including a relative, neighbor, or fam-
ily friend) who regularly or frequently provides care, 
with or without compensation, for a child for whom 
the individual is not the parent. 
(2) CHILD CARE PROVIDER.—The term ‘‘child 
care provider’’ means a provider of non-residential 
child care services (including center-based, family-
434
based, or in-home child care services) for compensa-
tion who or that is legally operating under State law, 
and complies with applicable State and local require-
ments for the provision of child care services. 
(3) EARLY LEARNING.—The term ‘‘early learn-
ing’’, used with respect to a program or activity, 
means learning designed to facilitate the develop-
ment 
of 
cognitive, 
language, 
motor, 
and 
socioemotional skills for, and to promote learning 
readiness in, young children. 
(4) EARLY
LEARNING
PROGRAM.—The term 
‘‘early learning program’’ means—
(A) a program of services or activities that 
helps parents, caregivers, and child care pro-
viders incorporate early learning into the daily 
lives of young children; or 
(B) a program that directly provides early 
learning to young children. 
(5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(6) LOCAL COUNCIL.—The term ‘‘Local Coun-
cil’’ means a Local Council established or designated
435
under section 3261(a) that serves one or more local-
ities. 
(7) LOCALITY.—The term ‘‘locality’’ means a 
city, county, borough, township, or area served by 
another general purpose unit of local government, an 
Indian tribe, a Regional Corporation, or a Native 
Hawaiian entity. 
(8) MIGRATORY CHILDREN.—The term ‘‘migra-
tory children’’ has the meaning given such term in 
section 1309 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6399). 
(9) PARENT.—The term ‘‘parent’’ means a bio-
logical parent, an adoptive parent, a stepparent, a 
foster parent, or a legal guardian of, or a person 
standing in loco parentis to, a child. 
(10) POVERTY LINE.—The term ‘‘poverty line’’ 
means the poverty line (as defined by the Office of 
Management and Budget, and revised annually in 
accordance with section 673(2) of the Community 
Services Block Grant Act (42 U.S.C. 9902(2))) ap-
plicable to a family of the size involved. 
(11) 
PREKINDERGARTEN
EDUCATION
PRO-
GRAM.—The term ‘‘prekindergarten education pro-
gram’’ means a program that—
436
(A) serves children ages 3, 4, and 5 years 
old and that supports children’s cognitive, so-
cial, emotional, and physical development and 
helps prepare children for the transition to kin-
dergarten; and 
(B) complies with the Head Start perform-
ance standards as in effect under section 
641A(a) of the Head Start Act (42 U.S.C. 
9836a(a)). 
(12) REGIONAL CORPORATION.—The term ‘‘Re-
gional Corporation’’ means an entity listed in section 
419(4)(B) of the Social Security Act (42 U.S.C. 
619(4)(B)). 
(13) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Health and Human Services. 
(14) STATE.—The term ‘‘State’’ means any of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, Guam, American 
Samoa, or the Commonwealth of the Northern Mar-
iana Islands. 
(15) TRAINING.—The term ‘‘training’’ means 
instruction in early learning that— 
(A) is required for certification under 
State and local laws, regulations, and policies;
437
(B) is required to receive a nationally or 
State recognized credential or its equivalent; 
(C) is received in a postsecondary edu-
cation program focused on early learning or 
early childhood development in which the indi-
vidual is enrolled; or 
(D) is provided, certified, or sponsored by 
an organization that is recognized for its exper-
tise in promoting early learning or early child-
hood development. 
(16) YOUNG CHILD.—The term ‘‘young child’’ 
means any child from birth to the age of mandatory 
school attendance in the State where the child re-
sides. 
SEC. 3254. PROHIBITIONS. 
(a) PARTICIPATION NOT REQUIRED.—No person, in-
cluding a parent, shall be required to participate in any 
program of early childhood education, early learning, par-
ent education, or developmental screening pursuant to the 
provisions of this chapter. 
(b) RIGHTS OF PARENTS.—Nothing in this chapter 
shall be construed to affect the rights of parents otherwise 
established in Federal, State, or local law. 
(c) NONDUPLICATION.—No funds provided under 
this chapter shall be used to carry out an activity funded
438
under another provision of law providing for Federal child 
care or early learning programs, unless an expansion of 
such activity is identified in the local needs assessment 
and performance goals under this chapter. 
SEC. 
3255. 
AUTHORIZATION 
AND 
APPROPRIATION 
OF 
FUNDS. 
There are authorized to be appropriated to the De-
partment of Health and Human Services to carry out this 
chapter—
(1) $1,000,000,000 for fiscal year 2004; 
(2) $1,500,000,000 for fiscal year 2005; and 
(3) such sums as may be necessary for fiscal 
years 2006 and 2007. 
SEC. 3256. ALLOTMENTS TO STATES. 
(a) AMOUNTS RESERVED.—
(1) TERRITORIES AND POSSESSIONS.—The Sec-
retary shall reserve not more than 1⁄2 of 1 percent 
of the funds appropriated to carry out this chapter 
for any fiscal year for distribution to Guam, Amer-
ican Samoa, and the Commonwealth of the Northern 
Mariana Islands, to be allotted in accordance with 
their respective needs. 
(2) INDIAN
TRIBES
AND
TRIBAL
ORGANIZA-
TIONS.—The Secretary shall reserve not more than 
3 percent of the funds appropriated to carry out this
439
chapter for any fiscal year for distribution to Indian 
tribes and tribal organizations with applications ap-
proved under subsection (c). 
(b) ALLOTMENTS TO REMAINING STATES.—
(1) GENERAL
AUTHORITY.—From the funds 
appropriated to carry out this chapter for any fiscal 
year remaining after reserving funds under sub-
section (a), the Secretary shall allot to each State 
(excluding Guam, American Samoa, and the Com-
monwealth of the Northern Mariana Islands) an 
amount equal to the sum of—
(A) an amount that bears the same ratio 
to 50 percent of such remainder as the product 
of the young child factor of the State and the 
allotment percentage of the State bears to the 
sum of the corresponding products for all 
States; and 
(B) an amount that bears the same ratio 
to 50 percent of such remainder as the product 
of the school lunch factor of the State and the 
allotment percentage of the State bears to the 
sum of the corresponding products for all 
States. 
(2) YOUNG CHILD FACTOR.—The term ‘‘young 
child factor’’ means the ratio of the number of chil-
440
dren in the State under 5 years of age to the num-
ber of such children in all States as provided by the 
most recent annual estimates of population in the 
States by the Bureau of the Census. 
(3) 
SCHOOL
LUNCH
FACTOR.—The 
term 
‘‘school lunch factor’’ means the ratio of the number 
of children in the State who are receiving free or re-
duced price lunches under the school lunch program 
established under the National School Lunch Act 
(42 U.S.C. 1751 et seq.) to the number of such chil-
dren in all the States as determined annually by the 
Department of Agriculture. 
(4) ALLOTMENT PERCENTAGE.—
(A) IN GENERAL.—The allotment percent-
age for a State is determined by dividing the 
per capita income of all individuals in the 
United States, by the per capita income of all 
individuals in the State. 
(B) LIMITATIONS.—If an allotment per-
centage determined under subparagraph (A)—
(i) is more than 1.2 percent, then the 
allotment percentage of that State shall be 
considered to be 1.2 percent; and
441
(ii) is less than 0.8 percent, then the 
allotment percentage of the State shall be 
considered to be 0.8 percent. 
(C) PER CAPITA INCOME.—For purposes 
of subparagraph (A), per capita income shall 
be—
(i) determined at 2-year intervals; 
(ii) applied for the 2-year period be-
ginning on October 1 of the first fiscal 
year beginning on or after the date such 
determination is made; and 
(iii) equal to the average of the an-
nual per capita incomes for the most re-
cent period of 3 consecutive years for 
which satisfactory data are available from 
the Department of Commerce at the time 
such determination is made. 
(c) ALLOTMENTS TO INDIAN TRIBES AND TRIBAL 
ORGANIZATIONS.—
(1) RESERVATION OF FUNDS.—From amounts 
reserved under subsection (a)(2), the Secretary may 
make allotments to Indian tribes and tribal organi-
zations that submit applications under this sub-
section, to plan and carry out programs and activi-
ties to encourage child care providers to improve
442
their qualifications and to retain qualified child care 
providers in the child care field. 
(2) APPLICATIONS
AND
REQUIREMENTS.—An 
application for an allotment to an Indian tribe or 
tribal organization under this section shall provide 
that—
(A) the applicant will coordinate, to the 
maximum extent practicable, with the lead 
agency in each State in which the applicant will 
carry out such programs and activities; and 
(B) the applicant will make such reports 
on, and conduct such audits of, programs and 
activities under this chapter as the Secretary 
may require. 
(d) DATA AND INFORMATION.—The Secretary shall 
obtain from each appropriate Federal agency, the most re-
cent data and information necessary to determine the al-
lotments provided for in subsection (b). 
(e) REALLOTMENTS.—
(1) IN GENERAL.—Any portion of the allotment 
under subsection (b) to a State for a fiscal year that 
the Secretary determines will not be distributed to 
the State for such fiscal year shall be reallotted by 
the Secretary to other States proportionately based
443
on allotments made under such subsection to such 
States for such fiscal year. 
(2) LIMITATIONS.—
(A) REDUCTION.—The amount of any re-
allotment to which a State is entitled to under 
paragraph (1) shall be reduced to the extent 
that such amount exceeds the amount that the 
Secretary estimates will be distributed to the 
State to make grants under this chapter. 
(B) REALLOTMENTS.—The amount of 
such reduction shall be reallotted proportion-
ately based on allotments made under sub-
section (b) to States with respect to which no 
reduction in an allotment, or in a reallotment, 
is required by this subsection. 
(3) AMOUNTS REALLOTTED.—For purposes of 
this chapter (other than this subsection and sub-
section (b)), any amount reallotted to a State under 
this subsection shall be considered to be part of the 
allotment made under subsection (b) to the State. 
(f) FEDERAL SHARE.—
(1) IN GENERAL.—The Federal share of the 
cost of making grants under this chapter shall be 85 
percent for the first and second years of the grant, 
80 percent for the third and fourth years of the
444
grant, and 75 percent for the subsequent years of 
the grant. 
(2) NON-FEDERAL
SHARE.—The non-Federal 
share of the cost of making grants under this chap-
ter may be contributed in cash or in kind, fairly 
evaluated, including facilities, equipment, or services, 
which may be provided from State or local public 
sources, or through donations from private entities. 
For the purposes of this paragraph the term ‘‘facili-
ties’’ includes the use of facilities, but the term 
‘‘equipment’’ means donated equipment and not the 
use of equipment. 
(g) MAINTENANCE OF EFFORT.—The Secretary shall 
not make a grant under this chapter to any State unless 
the Secretary first determines that the total expenditures 
by the State and its political subdivisions to support early 
learning programs (other than funds used to pay the non-
Federal share under subsection (f)(2)) for the fiscal year 
for which the determination is made is equal to or greater 
than such expenditures for the preceding fiscal year. 
(h) SUPPLEMENT NOT SUPPLANT.—Amounts re-
ceived under this chapter shall be used to supplement and 
not supplant other Federal, State, and local public funds 
expended to promote early learning.
445
(i) SPECIAL RULE.—If funds appropriated to carry 
out this chapter are less than $150,000,000 for any fiscal 
year, the Secretary shall make grants for the fiscal year 
directly to Local Councils, on a competitive basis, to pay 
the Federal share of the cost of carrying out early learning 
programs in the locality served by the Local Council. In 
carrying out the preceding sentence—
(1) subsection (g) of this section, section 
3257(b), and section 3259(b)(4) shall not apply; 
(2) the Secretary shall provide such technical 
assistance and monitoring as necessary to ensure 
that the use of the funds by Local Councils and the 
distribution of the funds to Local Councils are con-
sistent with this chapter; and 
(3) subject to paragraph (1), the Secretary 
shall assume the responsibilities of the Lead State 
Agency under this chapter, as appropriate. 
SEC. 3257. ADMINISTRATIVE COSTS. 
(a) FEDERAL ADMINISTRATIVE COSTS.—The Sec-
retary may use not more than 3 percent of the amount 
appropriated under section 3255 for a fiscal year to pay 
for the administrative costs of carrying out this chapter, 
including the monitoring and evaluation of State and local 
efforts.
446
(b) STATE ADMINISTRATIVE COSTS.—A State that 
receives a grant under this chapter may use—
(1) not more than 2 percent of the funds made 
available through the grant to carry out activities 
designed to coordinate early learning programs on 
the State level, including programs funded or oper-
ated by the State educational agency, health, chil-
dren and family, and human service agencies, and 
any State-level collaboration or coordination council 
involving early learning and education, such as the 
entities funded under section 640(a)(5) of the Head 
Start Act (42 U.S.C. 9835(a)(5)); 
(2) not more than 2 percent of the funds made 
available through the grant for the administrative 
costs of carrying out the grant program and the 
costs of reporting State and local efforts to the Sec-
retary; and 
(3) not more than 3 percent of the funds made 
available through the grant for training, technical 
assistance, and wage incentives provided by the 
State to Local Councils. 
SEC. 3258. STATE REQUIREMENTS. 
(a) IN GENERAL.—The Secretary may make grants 
to eligible States that comply with section 3259, to expand
447
access to and quality of early learning programs that meet 
requirements in section 3262. 
(b) STATE APPLICATIONS.—
(1) IN GENERAL.—To be eligible to receive a 
grant under subsection (a), a State shall submit an 
application in accordance with this subsection to the 
Secretary at such time, in such manner, and con-
taining such information as the Secretary may rea-
sonably require. 
(2) CONTENTS OF STATE APPLICATION.—The 
State shall include in such application a plan that 
includes—
(A) a statement ensuring that the State 
has identified a Lead State Agency to admin-
ister and monitor the grant and ensure State-
level coordination of early learning programs; 
(B) a statement describing the manner in 
which the Lead State Agency will allocate funds 
received under this chapter to localities as re-
quired under section 3259; 
(C) a description of how grant funds will 
be used to expand access to and quality of early 
learning programs as required under section 
3262;
448
(D) a description of the performance goals 
to be achieved by funds received under this 
chapter and the measure to be used to evaluate 
progress toward such goals; and 
(E) a statement describing how the State 
will provide technical assistance to ensure that 
Local Councils receiving funds under this chap-
ter comply with the requirements of this chap-
ter. 
SEC. 3259. STATE ADMINISTRATION. 
(a) IN GENERAL.—For a State to be eligible to re-
ceive a grant under this chapter, the State shall appoint 
a Lead State Agency to carry out the functions described 
in subsection (b). 
(b) LEAD STATE AGENCY.—
(1) IN GENERAL.—The Lead State Agency as 
described in subsection (a) shall allocate funds in ac-
cordance with section 3258 to localities. 
(2) LIMITATION.—The Lead State Agency shall 
allocate not less than 93 percent of such funds that 
have been provided to the State for a fiscal year to 
more than 1 locality. 
(3) FUNCTIONS OF AGENCY.—In addition to al-
locating funds under paragraph (1), the Lead State 
Agency shall—
449
(A) advise and assist Local Councils in the 
performance of their duties under this chapter; 
(B) develop and submit the State applica-
tion and the State plan required under section 
3258; 
(C) evaluate and approve applications sub-
mitted by localities; 
(D) ensure collaboration with respect to 
assistance provided under this chapter between 
the State agencies responsible for education, 
child care, health and social services; 
(E) prepare and submit to the Secretary 
an annual report, after approval by the State 
Council designated under subsection (c), which 
shall include a statement describing the manner 
in which funds received under section 3258 are 
expended and documentation of the effects that 
resources under this chapter have had on—
(i) the number of children in full-day, 
full-year Head Start programs, as provided 
under the Head Start Act (42 U.S.C. 9831 
et seq.); 
(ii) the number of infants and tod-
dlers in programs that provide comprehen-
sive Early Head Start services, as provided
450
under the Head Start Act (42 U.S.C. 9831 
et seq.); 
(iii) the number of children attending, 
and types of programs providing, pre-
kindergarten, including those with special 
needs; 
(iv) the linkages between early learn-
ing programs and health care services for 
young children; 
(v) the linkages among early learning 
programs; 
(vi) access to early learning activities 
for young children with special needs; 
(vii) expansion of the days or times 
that children are served in existing early 
learning programs; 
(viii) removal of ancillary barriers to 
early learning, including transportation dif-
ficulties, absence of programs during non-
traditional work times, and family afford-
ability; and 
(ix) professional development, and re-
cruitment and retention incentives, for 
caregivers.
451
(4) STATE PREFERENCE.—In making grants to 
Local Councils under this chapter, the State shall 
give preference to supporting Local Councils that 
meet criteria that are specified by the State and ap-
proved by the Secretary, for qualifying as serving 
areas of greatest need for expanding access to and 
quality of early learning programs. 
(c) STATE COUNCIL.—
(1) IN GENERAL.—The State Council referred 
to in subsection (b)(3) 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 para-
graph (6), the chief executive officer of the State 
shall appoint to the State Council at least 1 rep-
resentative from—
(A) the office of the chief executive officer 
of the State; 
(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.);
452
(D) the State social services agency; 
(E) the State Head Start association; 
(F) organizations representing parents 
within the State; 
(G) resource and referral agencies within 
the State; and 
(H) specialists in early child development. 
(3) ADDITIONAL
MEMBERS.—In addition to 
representatives appointed under paragraph (2), the 
chief executive officer of the State 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 prac-
ticable, the chief executive officer of the State shall 
appoint representatives under paragraphs (2) and 
(3) in a manner that is diverse or balanced accord-
ing to the race, ethnicity, and gender of its mem-
bers.
453
(5) FUNCTIONS OF THE COUNCIL.—The State 
Council shall—
(A) conduct a needs and resources assess-
ment, or use such an assessment if conducted 
not later than 2 years prior to the date of en-
actment of this chapter, 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 pre-
kindergarten children in the State, includ-
ing parent education programs, and to 
specify which programs might be expanded 
or upgraded with the use of funds received 
under section 3255; and 
(B) based on the assessment described in 
subparagraph (A), determine funding priorities
454
for amounts received under section 3255 for the 
State. 
(6) DESIGNATING
AN
EXISTING
ENTITY
AS 
STATE COUNCIL.—To the extent that a State has a 
State Council or an entity that functions as such be-
fore the date of enactment of this chapter that is 
comparable to the State Council described in this 
subsection, the State shall be considered to be in 
compliance with this subsection. 
SEC. 3260. LOCAL APPLICATION. 
(a) IN GENERAL.—To be eligible to receive a grant 
under this chapter, a Local Council shall submit an appli-
cation to the Lead State Agency at such time, in such 
manner, and containing such information as the Lead 
Agency may require. 
(b) CONTENTS.—An application submitted under 
subsection (a) shall include a statement containing an as-
surance that the local government entity, Indian tribe, Re-
gional Corporation, or Native Hawaiian entity has estab-
lished or designated a Local Council under section 
3261(a), and the Local Council has developed a local plan 
for carrying out early learning programs under this chap-
ter that includes—
(1) a needs and resources assessment con-
cerning early learning services and access to such
455
services by families, and a statement describing how 
early learning programs will be funded consistent 
with the assessment; 
(2) a statement of how the Local Council will 
ensure that funded programs will meet the perform-
ance goals referred to in section 3258(b)(2)(D) es-
tablished by the State; and 
(3) a description of how the Local Council will 
form collaboratives among local child care, social, 
and health services and educational providers to 
maximize resources and concentrate efforts on areas 
of greatest need. 
SEC. 3261. LOCAL ADMINISTRATION. 
(a) LOCAL COUNCIL.—
(1) IN GENERAL.—To be eligible to receive a 
grant under this chapter, a local government entity, 
Indian tribe, Regional Corporation, or Native Ha-
waiian entity, as appropriate, shall establish or des-
ignate a Local Council, which shall be composed 
of—
(A) representatives of local agencies and 
organizations directly affected by early learning 
programs assisted under this chapter; 
(B) parents or representatives of families 
with young children;
456
(C) other individuals concerned with early 
learning issues in the locality, such as rep-
resentative entities providing elementary edu-
cation, child care resource and referral services, 
early learning opportunities, child care, and 
health services; and 
(D) other key community leaders. 
(2) DESIGNATING EXISTING ENTITY.—If a local 
government entity, Indian tribe, Regional Corpora-
tion, or Native Hawaiian entity has, before the date 
of enactment of this Act, a Local Council or a re-
gional entity that is comparable to the Local Council 
described in paragraph (1), the entity, tribe, or cor-
poration may designate the council or entity as a 
Local Council under this chapter, and shall be con-
sidered to have established a Local Council in com-
pliance with this subsection. 
(3) FUNCTIONS.—The Local Council shall be 
responsible for preparing and submitting the appli-
cation described in section 3260. 
(b) ADMINISTRATION.—
(1) ADMINISTRATIVE COSTS.—Not more than 7 
percent of the funds received by a Local Council 
under this chapter shall be used to pay for the ad-
457
ministrative costs of the Local Council in carrying 
out this chapter. 
(2) FISCAL AGENT.—A Local Council may des-
ignate any entity with a demonstrated capacity for 
administering grants, that is affected by, or con-
cerned with, early learning issues, including the 
State, to serve as fiscal agent for the administration 
of grant funds received by the Local Council under 
this chapter. 
SEC. 3262. USE OF FUNDS. 
Grants received under this chapter by Local Councils 
shall be used in accordance with this chapter to provide 
funds to service providers to—
(1) increase the number of children served in 
State prekindergarten education programs; 
(2) increase the number of Head Start pro-
grams providing full working day, full calendar year 
Head Start services; 
(3) increase the number of children served in 
Early Head Start programs carried out under sec-
tion 645A of the Head Start Act (42 U.S.C 9840a); 
(4) enhance the quality of and access to edu-
cation and comprehensive services and support serv-
ices provided through the Child Care and Develop-
ment Block Grant Act of 1990 (42 U.S.C. 9858 et
458
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 salary upgrading for 
early childhood development staff, and the develop-
ment of salary schedules for staff with varying levels 
of experience, expertise, and education; 
(5) develop linkages among early learning pro-
grams within a community and between early learn-
ing programs and health care services for young 
children in ways that facilitate greater access to 
early learning programs; 
(6) increase access to and quality of early learn-
ing opportunities for young children with special 
needs, including migratory children, children with 
limited English proficiency, and children with devel-
opmental delays, by facilitating coordination with 
other programs serving such young children; 
(7) improve the quality of early learning pro-
grams through professional development and train-
ing activities, increased compensation, and recruit-
ment and retention incentives for early learning pro-
viders;
459
(8) remove ancillary barriers to early learning, 
including transportation difficulties and family af-
fordability of early learning programs; 
(9) increase access to home visitation programs 
that are designed to improve early learning if serv-
ices are provided by staff who are given sufficient 
training, and clinical and administrative supervision, 
by a registered nurse or a qualified early childhood 
professional; 
(10) 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.); or 
(11) increase the number of child care providers 
serving families during nontraditional work time if 
such providers are licensed by the State. 
SEC. 3263. REPEAL. 
The Early Learning Opportunities Act (title VIII of 
the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies Appropriations Act, 
2001) (as enacted into law by section 1(a)(1) of Public 
Law 106–554) is repealed.
460
SEC. 3264. EFFECTIVE DATE. 
This chapter shall take effect on the first day of the 
first fiscal year that begins after the date of the enactment 
of this Act. 
CHAPTER 5—CHILD CARE FACILITIES 
FINANCING
SEC. 3271. SHORT TITLE. 
This chapter may be cited as the ‘‘Child Care Facili-
ties Financing Act’’. 
SEC. 
3272. 
TECHNICAL 
AND 
FINANCIAL 
ASSISTANCE 
GRANTS. 
(a) DEFINITIONS.—In this section: 
(1) CHILD CARE FACILITY.—The term ‘‘child 
care facility’’ means a center-based or home-based 
child care facility. 
(2) ELIGIBLE INTERMEDIARY.—The term ‘‘eli-
gible intermediary’’ means a private, nonprofit inter-
mediary organization that has demonstrated experi-
ence in— 
(A) providing technical or financial assist-
ance for the construction and renovation of 
physical facilities; 
(B) providing technical or financial assist-
ance to child care providers; and
461
(C) securing private sources for capital fi-
nancing of child care or other low-income com-
munity development. 
(3) ELIGIBLE RECIPIENT.—The term ‘‘eligible 
recipient’’ means— 
(A) any existing or new center-based or 
home-based child care provider that provides 
services to eligible children under a program 
carried out under the Child Care and Develop-
ment Block Grant Act of 1990 (42 U.S.C. 9858 
et seq.), or another program serving low-income 
children as determined by the Secretary; and 
(B) any organization in the process of es-
tablishing a center-based or home-based child 
care program or otherwise seeking to provide 
child care services to children described in sub-
paragraph (A). 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
(b) GRANT AUTHORITY.—The Secretary may award 
grants on a competitive basis in accordance with this sec-
tion to eligible intermediaries to assist the intermediaries 
in carrying out the activities described in subsection (e). 
(c) APPLICATIONS.—To be eligible to receive a grant 
under this section an eligible intermediary shall submit to
462
the Secretary an application, in such form and containing 
such information as the Secretary may require. 
(d) PRIORITY.—In awarding grants under this sec-
tion the Secretary shall give a priority to applicants under 
subsection (c) that serve low-income areas or individuals. 
(e) USE OF FUNDS.—
(1) REVOLVING
FUND.—Each eligible inter-
mediary that receives a grant under this section 
shall deposit the grant amount into a child care re-
volving fund established by the eligible intermediary. 
(2) PAYMENTS FROM FUND.—Subject to sub-
section (f), from amounts deposited into the revolv-
ing fund under paragraph (1), each eligible inter-
mediary shall provide technical and financial assist-
ance (in the form of loans, grants, investments, 
guarantees, interest subsidies, and other appropriate 
forms of assistance) to eligible recipients to pay for 
the Federal share of the cost of the acquisition, con-
struction, or improvement of child care facilities or 
equipment, or for the improvement of related man-
agement and business practices, for each such recipi-
ent. The amounts may be used solely for the purpose 
of providing technical or financial assistance. 
(3) LOAN REPAYMENTS AND INVESTMENT PRO-
CEEDS.—Any amount received by an eligible inter-
463
mediary from an eligible recipient in the form of a 
loan repayment or investment proceeds shall be de-
posited into the child care revolving fund of the eligi-
ble intermediary for redistribution to other eligible 
recipients in accordance with this section. 
(f) FEDERAL SHARE.—
(1) IN GENERAL.—The Federal share of the 
cost described in subsection (e)(2) shall be not more 
than 50 percent. 
(2) NON-FEDERAL
SHARE.—The non-Federal 
share of the cost may be provided in cash or in kind, 
fairly evaluated, including plant, equipment, or serv-
ices. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$500,000,000 for each of fiscal years 2004 through 2008. 
Subtitle D—Head Start Access and 
Improvement 
SEC. 3301. AUTHORIZATION OF APPROPRIATIONS. 
Section 639(a) of the Head Start Act (42 U.S.C. 
9834(a)) is amended to read as follows: 
‘‘(a) There are authorized to be appropriated to carry 
out this subchapter—
‘‘(1) $7,037,640,000 for fiscal year 2004; 
‘‘(2) $7,787,640,000 for fiscal year 2005;
464
‘‘(3) $8,537,640,000 for fiscal year 2006; 
‘‘(4) $9,537,640,000 for fiscal year 2007; 
‘‘(5) $10,717,640,000 for fiscal year 2008; 
‘‘(6) $11,907,640,000 for fiscal year 2009; 
‘‘(7) $13,307,640,000 for fiscal year 2010; 
‘‘(8) $14,967,640,000 for fiscal year 2011; 
‘‘(9) $16,967,640,000 for fiscal year 2012; and 
‘‘(10) $20,047,640,000 for fiscal year 2013.’’. 
Subtitle E—Education 
Improvements 
CHAPTER 1—INCREASING ACCESS TO 
QUALITY PREKINDERGARTEN PROGRAMS 
SEC. 3401. PREKINDERGARTEN PROGRAMS. 
Title V of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7201 et seq.) is amended by add-
ing at the end the following: 
‘‘PART E—PREKINDERGARTEN PROGRAMS 
‘‘SEC. 5701. FINDINGS. 
‘‘Congress finds the following: 
‘‘(1) Countless studies have shown what every 
parent already knows: High-quality preschool edu-
cation programs work. Such programs prepare chil-
dren to learn when they go to school, and increase 
the success of students throughout their lives.
465
‘‘(2) Children who get a high-quality prekinder-
garten education are less likely to repeat a grade 
level and have less need for special education in-
struction than those with no prekindergarten experi-
ence. 
‘‘(3) Prekindergarten programs make a signifi-
cant difference in the lives of children from low-in-
come families. A recent study found that children in 
high-quality child care programs had better thinking 
and attention skills, better mathematics and pre-
reading skills, and fewer behavioral problems. 
‘‘(4) In a study following children to age 21 
who received high-quality early childhood education, 
such children were found more likely to have en-
rolled in college, been employed, and delayed parent-
hood. 
‘‘SEC. 5702. DEFINITIONS. 
‘‘In this part: 
‘‘(1) 
ELIGIBLE
PREKINDERGARTEN
PRO-
VIDER.—The term ‘eligible prekindergarten provider’ 
means— 
‘‘(A) a child care program or Head Start 
agency under the Head Start Act (42 U.S.C. 
9831 et seq.) that—
466
‘‘(i) has met applicable State licensing 
requirements and has obtained accredita-
tion by a national accrediting body with 
demonstrated experience in accrediting 
child care programs, prekindergarten pro-
grams, or schools; or 
‘‘(ii) agrees to obtain such accredita-
tion not later than 3 years after receipt of 
a subgrant under this part; or 
‘‘(B) a local educational agency in partner-
ship with an early childhood program, organiza-
tion, or agency that serves prekindergarten 
school children, that—
‘‘(i) has met applicable State licensing 
requirements and has obtained accredita-
tion by a national accrediting body with 
demonstrated experience in accrediting 
child care programs, prekindergarten pro-
grams, or schools; or 
‘‘(ii) agrees to obtain such accredita-
tion not later than 3 years after receipt of 
a subgrant under this part; and. 
‘‘(2) PREKINDERGARTEN TEACHER.—The term 
‘prekindergarten teacher’ means an individual who
467
has, or is working toward, a bachelor of arts degree 
in early childhood development. 
‘‘(3) PREKINDERGARTEN PROGRAM.—The term 
‘prekindergarten program’ means a program serving 
children who are 3, 4, or 5 years old that supports 
the children’s cognitive, social, emotional, and phys-
ical development and helps prepare the children for 
the transition to kindergarten. 
‘‘SEC. 5703. PROGRAM AUTHORIZED. 
‘‘(a) IN GENERAL.—From amounts made available 
under section 5707, the Secretary may provide grants to 
States with approved applications under subsection (b)(2) 
for the purpose of enabling the States to award subgrants 
to eligible prekindergarten providers to establish, enhance, 
or expand prekindergarten programs. 
‘‘(b) STATE AGENCY.—
‘‘(1) IN GENERAL.—A State desiring a grant 
under this part shall designate a State agency to ad-
minister the grant. 
‘‘(2) APPLICATION.— 
‘‘(A) IN
GENERAL.—With respect to a 
State desiring a grant under this part, the 
State agency designated under paragraph (1) 
shall submit an application to the Secretary at
468
such time, in such manner, and containing such 
information as the Secretary may require. 
‘‘(B) CONTENTS.—The application sub-
mitted under subparagraph (A) shall include—
‘‘(i) an assurance that the State will 
provide non-Federal matching funds, for 
carrying out the prekindergarten programs 
to be funded by a grant under this part, in 
an amount equal to not less than 20 per-
cent of the grant award; and 
‘‘(ii) a description of—
‘‘(I) how grant funds will be used 
to expand or enhance existing efforts 
across the State in providing access to 
high-quality 
prekindergarten 
pro-
grams; 
‘‘(II) how the State will collabo-
rate with local child care agencies and 
councils, including local child care re-
source and referral agencies; 
‘‘(III) how grant funds will be 
used to supplement and not supplant 
existing Federal, State, local and pri-
vate funds used for prekindergarten 
programs;
469
‘‘(IV) how the State will ensure 
that grant funds are provided to a 
range of types of eligible prekinder-
garten providers; 
‘‘(V) how the State will help eli-
gible prekindergarten providers at-
tract and retain qualified prekinder-
garten teachers; 
‘‘(VI) how the State will identify 
eligible prekindergarten providers and 
identify children to receive prekinder-
garten education; and 
‘‘(VII) how the State will give 
priority in awarding subgrants under 
paragraph (3)(B) to full-time pre-
kindergarten programs, including the 
expansion of existing part-time pro-
grams into full-time programs. 
‘‘(3) DUTIES.—The State agency designated 
under paragraph (1) shall—
‘‘(A) receive and administer grant funds 
received under this part; 
‘‘(B) award subgrants, from such grant 
funds received, to eligible prekindergarten pro-
viders to carry out section 5705; and
470
‘‘(C) conduct evaluations of prekinder-
garten programs carried out by eligible pre-
kindergarten providers that receive subgrants 
under subparagraph (B). 
‘‘SEC. 5704. LOCAL APPLICATIONS. 
‘‘(a) IN GENERAL.—An eligible prekindergarten pro-
vider that desires to receive a subgrant under this part 
shall submit an application to the appropriate State agen-
cy designated under section 5703(b)(1) at such time, in 
such manner, and containing such information as such 
State agency may reasonably require. 
‘‘(b) CONTENT.—An application submitted under 
subsection (a), at a minimum, shall—
‘‘(1) demonstrate a need for the establishment, 
enhancement, or expansion of a prekindergarten pro-
gram; 
‘‘(2) describe how the eligible prekindergarten 
provider will collaborate with local early childhood 
councils and agencies; 
‘‘(3) provide an assurance that each individual 
hired as a teacher by the eligible prekindergarten 
provider for the prekindergarten program is quali-
fied as a prekindergarten teacher; 
‘‘(4) provide an assurance that the ratio of 
teacher or child development specialist to children at
471
each prekindergarten program assisted under this 
part and administered by the provider will not ex-
ceed 1–10; 
‘‘(5) provide a description of how funds will be 
used to coordinate with and enhance, but not dupli-
cate or supplant, Federal, State, and local funding 
for early childhood programs serving 3-, 4-, or 5-
year old children in the community; 
‘‘(6) describe how the eligible prekindergarten 
provider will use a collaborative process with organi-
zations and members of the community that have an 
interest and experience in early childhood develop-
ment and education to establish, enhance, or expand 
prekindergarten programs; 
‘‘(7) describe how the prekindergarten program 
to be funded under the subgrant will meet the di-
verse needs of children, ages 3 through 5, in the 
community who are not enrolled in kindergarten, in-
cluding children with disabilities or whose native lan-
guage is other than English;
‘‘(8) describe how the eligible prekindergarten 
provider will collaborate with local schools to ensure 
a smooth transition for participating students from 
prekindergarten to kindergarten and early elemen-
tary education;
472
‘‘(9) describe the results the prekindergarten 
program is intended to achieve, and what tools will 
be used to measure the progress in attaining those 
results; and 
‘‘(10) provide an assurance that none of the 
funds received under this part will be used for the 
construction or renovation of existing or new facili-
ties (except for minor remodeling needed to accom-
plish the purposes of this part). 
‘‘SEC. 5705. LOCAL USES OF FUNDS. 
‘‘(a) IN GENERAL.—An eligible prekindergarten pro-
vider that receives a subgrant under this part shall use 
funds received under such subgrant to establish, enhance, 
or expand prekindergarten programs for children who are 
not enrolled in kindergarten, including—
‘‘(1) providing a program that focuses on the 
developmental needs of participating children, in-
cluding their social, cognitive, physical, and lan-
guage-development needs, and uses research-based 
approaches that build on competencies that lead to 
school success, particularly in language and literacy 
development and in reading; 
‘‘(2) paying the costs of purchasing educational 
equipment, including educational materials, nec-
essary to provide a high-quality program;
473
‘‘(3) pursuing accreditation by a national ac-
creditation body with demonstrated experience in ac-
creditation of prekindergarten programs, to be ob-
tained not later than 3 years after the date on which 
funds are first received under this part; 
‘‘(4) helping prekindergarten teachers pursue 
and attain the credential and degree requirements 
established by the State, and providing a stipend for 
attaining educational or professional development; 
and 
‘‘(5) meeting the needs of working parents. 
‘‘(b) PERMISSIBLE USES
OF FUNDS.—An eligible 
prekindergarten provider that receives a subgrant under 
this part may use funds received under such subgrant to 
pay for transporting students to and from a prekinder-
garten program. 
‘‘SEC. 5706. REPORTING. 
‘‘(a) LOCAL
REPORTS.—Each eligible prekinder-
garten provider that receives a subgrant under this part 
shall submit to the State agency designated under section 
5703(b)(1), not later than 18 months after the date on 
which the provider first receives such subgrant, a report 
relating to the period for which subgrant funds were re-
ceived, containing information on—