[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 664 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 664

  To establish tutoring assistance programs to help children learn to 
                               read well.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 29, 1997

  Mr. Kennedy (for himself, Mrs. Murray, Ms. Mikulski, Mr. Levin, Mr. 
Cleland, Mr. Inouye, Mr. Glenn, Mr. Dodd, Mr. Wellstone, Mr. Kerry, Mr. 
  Sarbanes, Mr. Daschle, and Mr. Reid) introduced the following bill; 
 which was read twice and referred to the Committee on Labor and Human 
                               Resources

_______________________________________________________________________

                                 A BILL


 
  To establish tutoring assistance programs to help children learn to 
                               read well.

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

                  TITLE I--AMERICA READS CHALLENGE ACT

                           table of contents

    Sec. 101. The table of contents for this Act is as follows:

Sec. 101. Table of contents.
                       Part 1--Program Authorized

Sec. 102. Findings.
Sec. 103. Purpose.
Sec. 104. Definitions.
Sec. 105. Funds appropriated; funds contributed by Corporation for 
                            National and Community Service.
                        Part 2--Grants to States

Sec. 111. Funds available.
Sec. 112. Distribution of funds.
Sec. 113. State applications.
Sec. 114. Award of funds.
Sec. 115. Local reading programs.
Sec. 116. Local ``Parents as First Teachers'' programs.
Sec. 117. State administration.
   Part 3--Local and Regional Grants to Support Effective Models and 
                         Exemplary Partnerships

Sec. 121. Funds available.
Sec. 122. Grants authorized.
Sec. 123. Eligible applicants.
Sec. 124. Applications.
                     Part 4--Supportive Activities

Sec. 131. Authorized activities.
                      TITLE II--GENERAL PROVISIONS

Sec. 201. Waivers.
Sec. 202. Consultation with Secretary of Health and Human Services.
Sec. 203. Prohibition on use of funds.

                       Part 1--Program Authorized

                                findings

    Sec. 102. The Congress finds as follows:
            (1) While students today generally read as well as ever, 40 
        percent of America's fourth graders are scoring below the basic 
        level on the National Assessment of Educational Progress 
        (NAEP). This reading performance is not adequate to prepare 
        these students to meet the complexity of the jobs they will 
        seek and the society in which they will live.
            (2) Problems in reading performance of young children exist 
        in States and communities throughout the country, including 
        urban and rural locations. Research shows that children who 
        cannot read well and independently by the end of third grade 
        are hampered at the start of their education--and for the rest 
        of their lives--and have a greater likelihood of dropping out 
        and of increased delinquent behaviors.
            (3) Reading is a skill that is developed not only in the 
        classroom, but also outside of school and in the home. While 
        communities must work with teachers, libraries, and principals 
        to strengthen in-school reading programs, all Americans can 
        play a role in helping young children learn to read.
            (4) As their children's first teachers, parents can give 
        their children the firm foundation they need to do well in 
        school by, for example, reading to their children 30 minutes 
        each day from infancy onward, talking with their children, 
        reducing TV watching, getting their children library cards and 
        using them regularly, and seeking the support they may need to 
        help their children learn to read.
            (5) Research underscores the importance of one-on-one 
        tutoring in helping students improve their reading ability. 
        Effective tutoring programs typically rely on trained tutors 
        who provide reading help, on a regular basis outside of school 
        hours, to young children who are behind in reading. Effective 
        programs often use funds for reading specialists and program 
        coordinators, are linked with in-school reading programs, and 
        support the active involvement of parents.
            (6) When appropriately trained, concerned individuals from 
        all walks of life--from libraries, schools, community-based 
        organizations, religious organizations, colleges and 
        universities, businesses and other employers, labor 
        organizations, senior citizens groups, parent associations, 
        youth and civic groups, and literacy coalitions--can serve as 
        reading tutors for young children to support their reading 
        success.
            (7) Early efforts to teach reading are particularly 
        important to children from language minority backgrounds. Data 
        from the National Assessment of Educational Progress indicate 
        that a large gap in reading achievement between students from 
        non-English backgrounds and the general population is present 
        by the early grades and persists through high school.

                                purpose

    Sec. 103. (a) Purpose.--The purpose of this Act is to help all 
children read well and independently by the end of the third grade so 
that they can succeed in school, later in the workplace, and in life. 
This Act assists in achieving that purpose primarily by providing joint 
financial support from the Department of Education and the Corporation 
for National and Community Service for effective local reading programs 
for preschool-aged children and children attending both public and 
private schools.
    (b) Local Reading Program.--As used in this Act, a ``local reading 
program'' is a program that--
            (1) helps children read well and independently by the end 
        of the third grade;
            (2) serves an area with a high number or percentage of 
        children from low-income families or with the greatest need for 
        reading assistance;
            (3) recruits, and provides appropriate and effective 
        training for, tutors for after-school, weekend, or summer 
        reading programs, or for other proven reading programs, for 
        children from preschool through fourth grade.
            (4) uses qualified and trained individuals, such as program 
        coordinators to organize and supervise the program and reading 
        specialists who can train participating tutors to effectively 
        supplement the in-school reading program;
            (5) ensures that all program personnel are screened to meet 
        State and local safety standards;
            (6) builds on and supports the in-school reading programs 
        for the children being served, and maintains regular 
        communication between program staff and school personnel;
            (7) makes parental involvement and support a high priority, 
        and is coordinated with early-childhood and family-literacy 
        programs, such as Head Start and Even Start programs, and with 
        related programs carried out under title I of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); 
        and
            (8) provides information to the public about the program's 
        strategies for, and progress in, helping children read well and 
        independently by the end of the third grade.

                              definitions

    Sec. 104. As used in this Act, the following terms have the 
following meanings:
            (1) Chief executive officer.--The term ``Chief Executive 
        Officer'' means the Chief Executive Officer of the Corporation 
        for National and Community Service.
            (2) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term in section 102(2) of the Federally 
        Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a(2)).
            (3) Local educational agency.--The term ``local educational 
        agency'' has the meaning given that term in section 14101(18) 
        (A) and (B) of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 8801(18) (A) and (B)).
            (4) National service laws.--The term ``national service 
        laws'' means the National and Community Service Act of 1990 (42 
        U.S.C. 12501 et seq.) and the Domestic Volunteer Service Act of 
        1973 (42 U.S.C. 4950 et seq.).
            (5) Reading specialist.--The term ``reading specialist'' 
        means an individual with advanced training in reading who is 
        licensed or certified to teach reading by the State in which 
        the individual will serve a local reading program.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (7) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
            (8) State commission on national and community service.--
        The term ``State Commission on National and Community Service'' 
        means the State Commission described in section 178 of the 
        National and Community Service Act of 1990 (42 U.S.C. 12638), 
        including any alternative administrative entity approved by the 
        Chief Executive Officer under subsection (a)(2) of that 
        section.
            (9) State educational agency.--The term ``State educational 
        agency'' has the meaning given that term in section 14101(28) 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 8801(28)).

 funds appropriated; funds contributed by corporation for national and 
                           community service

    Sec. 105. (a) Funds Appropriated to the Secretary of Education.--
(1) For the purpose of carrying out this Act jointly with the Chief 
Executive Officer, there are appropriated to the Secretary of 
Education, from funds not otherwise appropriated, $260,000,000 for the 
fiscal year 1998, $290,000,000 for the fiscal year 1999, $335,000,000 
for the fiscal year 2000, $380,000,000 for the fiscal year 2001, and 
$460,000,000 for the fiscal year 2002.
    (2) Of the funds appropriated by paragraph (1) for any fiscal year, 
the Secretary may reserve not more than five percent, but not to exceed 
$15,000,000, for supportive activities under part 4 of this title.
    (b) Corporation for National and Community Service.--(1) From the 
amounts appropriated to carry out the national service laws for each of 
the fiscal years 1998 through 2002, the full amount that exceeds the 
amount of the fiscal year 1997 appropriation, up to $200,000,000 will 
be available in each such fiscal year to the Chief Executive Officer of 
the Corporation for National and Community Service only to carry out 
this Act jointly with the Secretary.
    (2) Of the funds available under paragraph (1), the Chief Executive 
Officer may reserve not more than five percent for supportive 
activities under part 4 of this title.
    (c) Carry-Over of Funds.--The Secretary and the Chief Executive 
Officer may carry over, for one additional fiscal year, any funds 
described in subsection (a) or subsection (b) that remain available at 
the end of the fiscal year for which they were appropriated.

                        Part 2--Grants to States

                            funds available

    Sec. 111. (a) Department of Education.--From the sums appropriated 
by section 105(a)(1), the Secretary shall make available not less than 
$197,000,000 for the fiscal year 1998, $225,500,000 for the fiscal year 
1999, $270,000,000 for the fiscal year 2000, $315,000,000 for the 
fiscal year 2001, and $395,000,000 for the fiscal year 2002 to carry 
out this part.
    (b) Corporation.--For any fiscal year, the Chief Executive Officer 
shall make available, to carry out this part, at least 70 percent, but 
not more than 75 percent, of the sums available under section 
105(b)(1). The sums made available under this subsection include 
amounts necessary for education awards for national service 
participants to be deposited in the National Service Trust.

                         distribution of funds

    Sec. 112. (a) Reservation for Indian Tribes and the Outlying 
Areas.--The Secretary and the Chief Executive Officer shall reserve up 
to one percent of the funds described in section 111(a) and 111(b), 
respectively, jointly to make grants to Indian tribes and to American 
Samoa, Guam, the Virgin Islands, and the Commonwealth of the Northern 
Mariana Islands, to carry out activities that the Secretary and the 
Chief Executive Officer jointly approve, subject to conditions they 
establish, consistent with the purpose of this Act, in consultation 
with the Secretary of the Interior.
    (b) Awards to States.--After reserving funds under subsection (a), 
the Secretary and the Chief Executive Officer shall--
            (1) allocate 70 percent of the funds available under 
        section 111 (a) and (b), respectively, among the States in 
        accordance with the relative amounts they received under part A 
        of title I of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6311 et seq.) for the preceding fiscal year; 
        and
            (2) distribute the remaining 30 percent of those funds 
        among some or all of the States on the basis of the quality of 
        their applications submitted under section 113, as determined 
        by the Secretary and the Chief Executive Officer, and the 
        extent to which the State has mobilized a broad base of local 
        and statewide organizations to help many more children read 
        well and independently, and has adopted a promising approach to 
        promote reading success from early childhood through fourth 
        grade, except that, beginning with the third year, the 
        Secretary and the Chief Executive Officer may adjust 
        distributions under this paragraph on the basis of the relative 
        performance of the States in achieving the purpose of this Act.
    (c) Reallocations and Direct Local Grants.--(1) If a State does not 
submit an application under this part, the Secretary and the Chief 
Executive Officer may use the State's allocations under this section to 
make direct grants to eligible applicants in that State to carry out 
local reading programs, consistent with sections 115 and 116.
    (2) If a State requests funds only from the Secretary or the Chief 
Executive Officer, but not from both, the Secretary or the Chief 
Executive Officer, as the case may be, shall reallocate the funds for 
which the State is not applying to other States in the manner the 
Secretary and the Chief Executive Officer determine will best achieve 
the purpose of this Act.

                           state applications

    Sec. 113. (a) Joint Applications Required.--(1) A State that wishes 
to receive funds under this part shall submit a single application to 
an ``America Reads'' contact jointly identified by the Secretary and 
the Chief Executive Officer.
    (2) The State educational agency and the State Commission on 
National and Community Service jointly shall prepare the application, 
in consultation with appropriate individuals, agencies, and 
organizations, and shall provide a reasonable period for public comment 
on the application before submitting it for approval.
    (b) Contents.--Each application shall--
            (1) describe how the State will make competitive subgrants, 
        in accordance with section 115, to develop, carry out, or 
        expand local reading programs that--
                    (A) will reach the children in greatest need of 
                assistance, such as those children who are from low-
                income families or who have limited English 
                proficiency, to read well and independently by the end 
                of the third grade; and
                    (B) use effective practices that have shown the 
                most promise in helping all children, including 
                children with limited English proficiency and children 
                with disabilities, read well and independently;
            (2) describe the State's strategy for building on existing 
        literacy initiatives in the State, including family literacy 
        initiatives such as those carried out under the Even Start 
        program, and for attracting other resources to promote the 
        purpose of this Act, including how the State will work with the 
        business sector and with other public and private agencies, 
        such as school districts, elementary schools, libraries, 
        literacy organizations, reading associations, institutions of 
        higher education, senior citizens groups, arts and cultural 
        groups, religious and other community groups, and programs 
        funded under the national service laws, to implement that 
        strategy;
            (3) describe the State's intended distribution of funds for 
        Parents as First Teachers programs and activities under section 
        116 and how the State will consult with representatives of 
        programs for preschool children (including the State's Head 
        Start program and State child-care programs), family literacy 
        programs (such as Even Start programs), and programs funded 
        under the Adult Education Act (20 U.S.C. 1201 et seq.), in 
        carrying out that section;
            (4) describe how local programs assisted under this part 
        will be evaluated and how the State will assess its progress 
        toward meeting the purpose of this Act if it does not 
        participate in the biennial assessments of fourth-grade reading 
        proficiency through the National Assessment of Educational 
        Progress under section 411 of the National Education Statistics 
        Act of 1994 (20 U.S.C. 9010);
            (5) describe the proposed uses of funds requested from the 
        Corporation under this part;
            (6) include an assurance that the State, and other 
        recipients of funds under this part in the State, will comply 
        with this Act and other applicable laws; and
            (7) include other information and assurances that the 
        Secretary and the Chief Executive Officer jointly may require.
    (c) Application Review.--(1) The Secretary and the Chief Executive 
Officer jointly shall review each State application submitted under 
this part and jointly shall approve each application that meets the 
requirements of this section.
    (2) If a State's application does not meet the requirements of this 
section, the Secretary and the Chief Executive Officer shall give the 
State a reasonable opportunity to revise and resubmit it and, at the 
State's request, shall provide technical assistance to the State on its 
application.

                             award of funds

    Sec. 114. Except as provided in section 112(c), for each State 
whose application has been approved under this part, the Secretary and 
the Chief Executive Officer shall award the State's share of the funds 
described in section 111 (a) and (b) to the State educational agency 
and the State Commission on National and Community Service, 
respectively.

                         local reading programs

    Sec. 115. (a) Subgrants to Local Applicants.--Except as provided in 
sections 116 and 117, each State shall use funds awarded to it under 
this part to make subgrants to local applicants to develop, carry out, 
or expand local reading programs, as defined in section 103(b).
    (b) Eligible Applicants.--An eligible local applicant is a 
consortium consisting of a local educational agency (or one or more 
schools of such an agency) and at least one other public or private 
agency or organization (such as a library, museum, or other cultural 
institution, community-based organization, business or other employer, 
senior citizens group, youth group, parent association, civic group, 
literacy organization, or institution of higher education) or Indian 
tribe.
    (c) Local Applications.--Each eligible local applicant wishing to 
receive funds under this part shall submit an application to a single 
``America Reads Challenge'' contact jointly identified by the State 
educational agency and the State Commission on National and Community 
Service that--
            (1) describes how it will use those funds to develop and 
        carry out, or to expand, a local reading program that meets 
        each of the conditions described in section 103(b);
            (2) identifies a local educational agency or other member 
        of the consortium with a record of sound fiscal management to 
        act as the applicant's fiscal agent; and
            (3) includes other information that the State may require.
    (d) Authorized Activities.--Funds made available under this part 
shall be used by local applicants only for expenses reasonably 
necessary to develop, carry out, or expand effective local reading 
programs, such as the costs of reading specialists, materials, training 
of tutors, and family literacy activities, except that funds made 
available under this part by the Chief Executive Officer shall be used 
by local applicants only for activities that are also described in this 
part and authorized by the national service laws.

              local ``parents as first teachers'' programs

    Sec. 116. (a) Required Funding.--Notwithstanding any other 
provision of this part, each State shall use at least 20 percent of the 
funds it receives from the Secretary under this part to develop, carry 
out, or expand effective local programs, such as family literacy 
programs, that provide appropriate support, training, and educational 
materials to involve and assist parents (and other adult primary 
caregivers) to help their children become successful readers by the end 
of the third grade.
    (b) Criteria and Requirements.--Funds under this section--
            (1) may be included as part of an award under section 115;
            (2) may be awarded separately to consortia described in 
        that section (except that such a consortium need not include a 
        local educational agency or a school of such an agency); and
            (3) shall be provided only to applicants that--
                    (A)(i) have a demonstrated record of successfully 
                working with parents in improving the reading skills of 
                their young children; or
                    (ii) plan to use a program model that has been 
                demonstrated to be effective; and
                    (B) demonstrate that the proposed program--
                            (i) has the support of the community; and
                            (ii) will be coordinated with other 
                        programs that provide support for parents, such 
                        as adult education programs.

                          state administration

    Sec. 117. Notwithstanding any other provision of this part, each 
State educational agency and State Commission on National and Community 
Service may use not more than one percent of the amount it receives 
under this part for any fiscal year for the administration of this 
part.

   Part 3--Local and Regional Grants To Support Effective Models and 
                         Exemplary Partnerships

                            funds available

    Sec. 121. (a) Department of Education.--From the sums appropriated 
by section 105(a)(1) for any fiscal year, the Secretary shall make 
available $50,000,000 to carry out this part.
    (b) Corporation.--For any fiscal year, the Chief Executive Officer 
shall make available, to carry out this part, 25 percent of the sums 
available under section 105(b). The sums available under this 
subsection include amounts necessary for education awards for national 
service participants to be deposited in the National Service Trust.

                           grants authorized

    Sec. 122. (a) In General.--The Secretary and the Chief Executive 
Officer jointly shall make competitive grants to eligible applicants to 
develop, carry out, or expand--
            (1) large-scale local reading programs that will serve as 
        effective models for helping large numbers of children read 
        well and independently by the end of the third grade;
            (2) national or regional networks that provide information 
        to interested persons on how parents can help their children 
        read better and that support the efforts of parents of children 
        of any age from birth through age eight to give their children 
        a solid foundation for reading and later success in school;
            (3) reading programs conducted by national organizations in 
        more than one State; or
            (4) other local, regional, and national activities that 
        identify and promote the most effective and promising practices 
        for helping all children read well and independently by the end 
        of the third grade.
    (b) Parents as First Teachers Programs.--The Secretary and the 
Chief Executive Officer, in consultation with the Secretary of Health 
and Human Services, shall ensure that, for each fiscal year, at least 
10 percent of the funds described in section 121(a) are awarded to 
support networks described in subsection (a)(2) or for other programs 
that provide appropriate support, training, and educational materials 
to involve and assist parents (and other adult primary caregivers) to 
help their children become successful readers by the end of the third 
grade.

                          eligible applicants

    Sec. 123. Eligible applicants under this part are--
            (1) national organizations;
            (2) multi-State consortia comprised of two or more public 
        or private agencies, organizations, and institutions or Indian 
        tribes; and
            (3) local applicants that are eligible for subgrants under 
        section 115 or section 116 and that have the capacity to 
        conduct programs of sufficient size to serve as national 
        models.

                              applications

    Sec. 124. (a) Applications Required.--An eligible applicant that 
wishes to receive a grant under this part shall submit a single 
application to an ``America Reads Challenge'' contact jointly 
identified by the Secretary and the Chief Executive Officer.
    (b) Contents.--Each application shall--
            (1) identify the amount of funds, if any, the applicant is 
        requesting from the Secretary;
            (2) identify the amount of funds, if any, the applicant is 
        requesting from the Chief Executive Officer;
            (3) describe the specific activities the applicant will 
        carry out with the funds for which it is applying;
            (4) describe how those activities are related to school-
        based reading programs and early childhood programs, if 
        appropriate;
            (5) describe how the applicant will serve children in 
        greatest need of reading assistance, such as those children who 
        are from low-income families or who have limited English 
        proficiency;
            (6) demonstrate that the applicant's proposed project--
                    (A) is likely to have a substantial local, 
                regional, or national impact;
                    (B) will be cost-effective; and
                    (C) will be coordinated with the business and 
                nonprofit sectors and with other State and local 
                programs that provide support for parents;
            (7) describe how the applicant periodically will evaluate 
        its program and make necessary improvements;
            (8) include an assurance that the applicant will comply 
        with this Act and other applicable laws; and
            (9) include other information and assurances that the 
        Secretary and the Chief Executive Officer may require.
    (c) Application Review.--The Secretary and the Chief Executive 
Officer jointly shall review and act on each application submitted 
under this part.

                     Part 4--Supportive Activities

                         authorized activities

    Sec. 131. The Secretary and the Chief Executive Officer shall use 
funds reserved under sections 105(a)(2) and 105(b)(2), respectively, 
directly or through grants to, or contracts with, public and private 
agencies, organizations, and institutions or Indian tribes--
            (1) for technical assistance, dissemination of materials 
        and information about best practices, and other activities that 
        further the purpose of this Act; and
            (2) to evaluate programs carried out under this Act.

                      TITLE II--GENERAL PROVISIONS

                                waivers

    Sec. 201. The Secretary and the Chief Executive Officer may waive 
any provision of this Act, and the Chief Executive Officer may waive 
any provision of the national service laws to the extent it is 
applicable to this Act, at the request of an applicant or recipient who 
demonstrates to their satisfaction that such a waiver would 
significantly promote the purpose of this Act.

        consultation with secretary of health and human services

    Sec. 202. The Secretary and the Chief Executive Officer shall 
consult with the Secretary of Health and Human Services in carrying out 
this Act.

                      prohibition on use of funds

    Sec. 203. Notwithstanding section 201 or any other law, funds under 
this Act may not be--
            (1) awarded to a pervasively sectarian organization; or
            (2) used to support religious worship, instruction, or 
        proselytization.
                                 <all>