114 
onstrating that the facility will be used prin-
cipally as a Head Start center, or a direct sup-
port facility for a Head Start program; and 
‘‘(F) such other information and assurances 
as the Secretary may require. 
‘‘(3) Upon a determination by the Secretary that 
suitable facilities are not otherwise available to In-
dian tribes to carry out Head Start programs, and 
that the lack of suitable facilities will inhibit the op-
eration of such programs, the Secretary may author-
ize the use of financial assistance, from the amount 
reserved under section 640(a)(2)(A), to make pay-
ments for the purchase of facilities owned by such 
tribes. The amount of such a payment for such a fa-
cility shall not exceed the fair market value of the fa-
cility.’’. 
SEC. 12. PARTICIPATION IN HEAD START PROGRAMS. 
Section 645 of the Head Start Act (42 U.S.C. 9840) 
is amended— 
(1) in subsection (a)— 
(A) by amending paragraph (1)(B)(i) to 
read as follows: 
‘‘(i) programs assisted under this sub-
chapter may include, to a reasonable extent, 
participation of children in the area served 
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who would benefit from such programs, in-
cluding children referred by child welfare 
services, but whose families do not meet the 
low-income criteria prescribed pursuant to 
subparagraph (A) (A homeless child shall be 
deemed to meet the low-income criteria.); 
and’’, and 
(B) by adding at the end the following: 
‘‘(3) The amount of a basic allowance provided under 
section 403 of title 37, United States Code, on behalf of an 
individual who is a member of the uniformed services for 
housing that is acquired or constructed under the authority 
of subchapter IV of chapter 169 of title 10, United States 
Code, or any other related provision of law, shall not be 
considered to be income for purposes of determining the eli-
gibility of a child of the individual for programs assisted 
under this subchapter. 
‘‘(4)(A) Upon written request and pursuant to the re-
quirements of this paragraph, a Head Start agency may 
use funds under section 640(a) to serve infants and toddlers 
if the agency submits an application to the Secretary con-
taining the following information, as specified in rules 
issued by the Secretary— 
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‘‘(i) the amount of funds under section 
640(a) that are proposed to be used in accord-
ance with section 645A(b); 
‘‘(ii) a community-wide needs assessment 
demonstrating how the use of such funds would 
best meet the needs of the community; 
‘‘(iii) a description of how the needs of 
pregnant women, and of infants and toddlers, 
will be addressed in accordance with section 
645A(b), and with regulations prescribed by the 
Secretary pursuant to section 641A in areas in-
cluding the agency’s approach to child develop-
ment and provision of health services, approach 
to family and community partnerships, and ap-
proach to program design and management; 
‘‘(iv) a description of how the needs of eligi-
ble Head Start children will be met in the com-
munity; 
‘‘(v) assurances that the agency will partici-
pate in technical assistance activities (including 
a planning period, start-up site visits, and na-
tional training activities) in the same manner 
as recipients of grants under section 645A; and 
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‘‘(vi) evidence that the agency meets the 
same eligibility criteria as recipients of grants 
under section 645A. 
‘‘(B) An application that satisfies the require-
ments specified in subparagraph (A) shall be ap-
proved by the Secretary unless the Secretary finds 
that— 
‘‘(i) the agency lacks adequate capacity and 
capability to carry out an effective Early Head 
Start program; or 
‘‘(ii) the information provided under sub-
paragraph (A) is inadequate. 
‘‘(C) Any Head Start agency approved under 
subparagraph (B) shall be considered to be an entity 
that receives assistance under section 645A, and such 
funds under (i) shall be subject to the same rules, reg-
ulations, and conditions as apply to recipients of 
grants under section 645A. 
‘‘(5)(A) Upon written request and pursuant to 
the requirements of this paragraph, a Head Start 
agency may consider children from low-income fami-
lies to be eligible for participation in programs as-
sisted under this subchapter if their family income is 
at or above the poverty line but below 130 percent of 
the poverty line, if the agency submits an application 
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to the Secretary containing the following information, 
as specified in rules issued by the Secretary— 
‘‘(i) a description of how the needs of 
eligible Head Start children, as described in 
paragraph (1)(A) are being adequately met 
in the agency’s service area; 
‘‘(ii) a description of outreach efforts to 
the community to reach full enrollment 
under the eligibility guidelines under para-
graph (1), including using outreach efforts 
that are linguistically and culturally ap-
propriate; 
‘‘(iii) assurance that the agency will 
prioritize serving children currently eligible 
under the guidelines under paragraph (1); 
and 
‘‘(iv) a description of why increasing 
the number of infants and toddlers being 
served, as described in paragraph (4), is not 
appropriate based upon the communitywide 
needs assessment or the agency’s capability. 
‘‘(B) In approving such applications, the 
Secretary shall take into account the— 
‘‘(i) cost of living for families living 
the area served by the Head Start agency; 
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‘‘(ii) the efforts the Head Start agency 
has undertaken to be fully enrolled under 
the eligibility criteria in paragraph (1); 
and 
‘‘(iii) the policies and procedures the 
Head Start agency will implement to en-
sure that children currently eligible under 
the criteria described under paragraph (1) 
will be prioritized. 
‘‘(C) No more than 20 percent of children 
served by such Head Start agency may be from 
families above the poverty line.’’, 
(2) in subsection (c) by striking ‘‘(age 3 to com-
pulsory school attendance)’’, and 
(3) in subsection (d) by adding at the end the 
following: 
‘‘(4) Notwithstanding any other provision of this Act, 
an Indian tribe that operates both a Head Start program 
and an Early Head Start program under section 645A 
may, at its discretion, at any time during the grant period 
involved, reallocate funds between the Head Start program 
and the Early Head Start program in order to address fluc-
tuations in client population, including pregnant women 
and children birth to compulsory school age. The realloca-
tion of such funds between programs by an Indian tribe 
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shall not serve as the basis for the Secretary to reduce a 
base grant (as defined in section 641A(g)(1)) for either pro-
gram in succeeding years.’’. 
SEC. 13. EARLY HEAD START PROGRAMS. 
Section 645A of the Head Start Act (42 U.S.C. 9840a) 
is amended to read as follows: 
‘‘SEC. 645A. EARLY HEAD START PROGRAMS FOR FAMILIES 
WITH CHILDREN UNDER 3 YEARS OF AGE. 
‘‘(a) IN GENERAL.—The Secretary shall make grants, 
in accordance with this section for programs (to be known 
as ‘Early Head Start programs’) that provide family-cen-
tered services for low-income families with very young chil-
dren designed to promote the development of the children, 
and to enable their parents to fulfill their roles as parents 
and to move toward self-sufficiency. 
‘‘(b) SCOPE AND DESIGN OF PROGRAMS.—In carrying 
out a program described in subsection (a), an entity receiv-
ing assistance under this section shall— 
‘‘(1) provide, either directly or through referral, 
early, continuous, intensive, and comprehensive child 
development and family support services that will en-
hance the physical, social, emotional, and intellectual 
development of participating children; 
‘‘(2) ensure that the level of services provided to 
families responds to their needs and circumstances; 
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‘‘(3) promote positive parent-child interactions; 
‘‘(4) provide services to parents to support their 
role as parents (including parenting skills training 
and training in basic child development) and to help 
the families move toward self-sufficiency (including 
educational and employment services as appropriate); 
‘‘(5) coordinate services with services provided by 
programs in the State (including home-based services) 
and programs in the community (including programs 
for infants and toddlers with disabilities and pro-
grams for homeless infants and toddlers) to ensure a 
comprehensive array of services (such as health and 
mental health services and family support services); 
‘‘(6) ensure formal linkages with local Head 
Start programs in order to provide for continuity of 
services for children and families; 
‘‘(7) in the case of a Head Start agency that op-
erates a program and that also provides Head Start 
services through the age of mandatory school attend-
ance, ensure that children and families participating 
in the program receive such services through such age; 
‘‘(8) ensure formal linkages with the agencies 
and entities described in section 644(b) of the Indi-
viduals with Disabilities Education Act (20 U.S.C. 
1444(b)) and providers of early intervention services 
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for infants and toddlers with disabilities under the 
Individuals with Disabilities Education Act (20 
U.S.C. 1400 et seq.) and the agency responsible for 
administering section 106 of the Child Abuse Preven-
tion and Treatment Act (42 U.S.C. 5106a); 
‘‘(9) develop and implement a systematic proce-
dure for transitioning children and parents from an 
Early Head Start program under this section into a 
Head Start program or other local early childhood 
education program; 
‘‘(10) establish channels of communication be-
tween staff of Early Head Start programs under this 
section and staff of Head Start programs or other 
local early childhood education programs, to facilitate 
the coordination of programs; and 
‘‘(11) meet such other requirements concerning 
design and operation of the program described in sub-
section (a) as the Secretary may establish. 
‘‘(c) PERSONS ELIGIBLE TO PARTICIPATE.—Persons 
who may participate in programs described in subsection 
(a) include— 
‘‘(1) pregnant women; and 
‘‘(2) families with children under age 3; 
who meet the income criteria specified for families in sec-
tion 645(a)(1). 
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