[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1068 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1068

 To provide for the health, education, and welfare of children under 6 
                             years of age.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 18 (legislative day, May 14), 1999

  Mr. Kerry (for himself, Mr. Bond, Mr. Hollings, Mr. Wellstone, Mr. 
  Torricelli, Mr. Moynihan, Mr. Johnson, Ms. Landrieu, and Mr. Levin) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To provide for the health, education, and welfare of children under 6 
                             years of age.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Early Childhood 
Development Act of 1999''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
                 TITLE I--ASSISTANCE FOR YOUNG CHILDREN

Sec. 101. Definitions.
Sec. 102. Allotments to States.
Sec. 103. Grants to local collaboratives.
Sec. 104. Supplement not supplant.
Sec. 105. Authorization of appropriations.
                   TITLE II--CHILD CARE FOR FAMILIES

Sec. 201. Amendment to Child Care and Development Block Grant Act of 
                            1990.
              TITLE III--AMENDMENTS TO THE HEAD START ACT

Sec. 301. Authorization of appropriations.
Sec. 302. Effective date.

SEC. 2. FINDINGS.

    Congress makes the following findings--
            (1) The Nation's highest priority should be to ensure that 
        children begin school ready to learn.
            (2) New scientific research shows that the electrical 
        activity of brain cells actually changes the physical structure 
        of the brain itself and that without a stimulating environment, 
        a baby's brain will suffer. At birth, a baby's brain contains 
        100,000,000,000 neurons, roughly as many nerve cells as there 
        are stars in the Milky Way, but the wiring pattern between 
        these neurons develops over time. Children who play very little 
        or are rarely touched develop brains that are 20 to 30 percent 
        smaller than normal for their age.
            (3) This scientific research also conclusively demonstrates 
        that enhancing children's physical, social, emotional, and 
        intellectual development will result in tremendous benefits for 
        children, families, and the Nation.
            (4) Since more than 50 percent of the mothers of children 
        under the age of 3 now work outside of the home, society must 
        change to provide new supports so young children receive the 
        attention and care that they need.
            (5) There are 12,000,000 children under the age of 3 in the 
        United States today and 1 in 4 lives in poverty.
            (6) Compared with most other industrialized countries, the 
        United States has a higher infant mortality rate, a higher 
        proportion of low-birth weight babies, and a smaller proportion 
        of babies immunized against childhood diseases.
            (7) National and local studies have found a strong link 
        between--
                    (A) lack of early intervention for children; and
                    (B) increased violence and crime among youth.
            (8) The United States will spend more than $35,000,000,000 
        over the next 5 years on Federal programs for at-risk or 
        delinquent youth and child welfare programs, which address 
        crisis situations that frequently could have been avoided or 
        made much less severe through good early intervention for 
        children.
            (9) Many local communities across the country have 
        developed successful early childhood efforts and with 
        additional resources could expand and enhance opportunities for 
        young children.

                 TITLE I--ASSISTANCE FOR YOUNG CHILDREN

SEC. 101. DEFINITIONS.

    In this subtitle:
            (1) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 14101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        8801).
            (2) 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)) 
        applicable to a family of the size involved.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (4) State board.--The term ``State board'' means a State 
        Early Learning Coordinating Board established under section 
        102(c).
            (5) Young child.--The term ``young child'' means an 
        individual from birth through age 5.
            (6) Young child assistance activities.--The term ``young 
        child assistance activities'' means the activities described in 
        paragraphs (1) and (2)(A) of section 103(b).

SEC. 102. ALLOTMENTS TO STATES.

    (a) In General.--The Secretary shall make allotments under 
subsection (b) to eligible States to pay for the Federal share of the 
cost of enabling the States to make grants to local collaboratives 
under section 103 for young child assistance activities.
    (b) Allotment.--
            (1) In general.--From the funds appropriated under section 
        105 for each fiscal year and not reserved under subsection (i), 
        the Secretary shall allot to each eligible State an amount that 
        bears the same relationship to such funds as the total number 
        of young children in poverty in the State bears to the total 
        number of young children in poverty in all eligible States.
            (2) Young child in poverty.--In this subsection, the term 
        ``young child in poverty'' means an individual who--
                    (A) is a young child; and
                    (B) is a member of a family with an income below 
                the poverty line.
    (c) State Boards.--
            (1) In general.--In order for a State to be eligible to 
        obtain an allotment under this subtitle, the Governor of the 
        State shall establish, or designate an entity to serve as, a 
        State Early Learning Coordinating Board, which shall receive 
        the allotment and make the grants described in section 103.
            (2) Established board.--A State board established under 
        paragraph (1) shall consist of the Governor and members 
        appointed by the Governor, including--
                    (A) representatives of all State agencies primarily 
                providing services to young children in the State;
                    (B) representatives of business in the State;
                    (C) chief executive officers of political 
                subdivisions in the State;
                    (D) parents of young children in the State;
                    (E) officers of community organizations serving 
                low-income individuals, as defined by the Secretary, in 
                the State;
                    (F) representatives of State nonprofit 
                organizations that represent the interests of young 
                children in poverty, as defined in subsection (b)(2), 
                in the State;
                    (G) representatives of organizations providing 
                services to young children and the parents of young 
                children, such as organizations providing child care, 
                carrying out Head Start programs under the Head Start 
                Act (42 U.S.C. 9831 et seq.), providing services 
                through a family resource center, providing home 
                visits, or providing health care services, in the 
                State; and
                    (H) representatives of local educational agencies.
            (3) Designated board.--The Governor may designate an entity 
        to serve as the State board under paragraph (1) if the entity 
        includes the Governor and the members described in 
        subparagraphs (A) through (G) of paragraph (2).
            (4) Designated state agency.--The Governor shall designate 
        a State agency that has a representative on the State board to 
        provide administrative oversight concerning the use of funds 
        made available under this subtitle and ensure accountability 
        for the funds.
    (d) Application.--To be eligible to receive an allotment under this 
subtitle, a State board shall annually submit an application to the 
Secretary at such time, in such manner, and containing such information 
as the Secretary may require. At a minimum, the application shall 
contain--
            (1) sufficient information about the entity established or 
        designated under subsection (c) to serve as the State board to 
        enable the Secretary to determine whether the entity complies 
        with the requirements of such subsection;
            (2) a comprehensive State plan for carrying out young child 
        assistance activities;
            (3) an assurance that the State board will provide such 
        information as the Secretary shall by regulation require on the 
        amount of State and local public funds expended in the State to 
        provide services for young children; and
            (4) an assurance that the State board shall annually 
        compile and submit to the Secretary information from the 
        reports referred to in section 103(e)(2)(F)(iii) that describes 
        the results referred to in section 103(e)(2)(F)(i).
    (e) Federal Share.--
            (1) In general.--The Federal share of the cost described in 
        subsection (a) shall be--
                    (A) 85 percent, in the case of a State for which 
                the Federal medical assistance percentage (as defined 
                in section 1905(b) of the Social Security Act (42 
                U.S.C. 1396d(b))) is not less than 50 percent, but is 
                less than 60 percent;
                    (B) 87.5 percent, in the case of a State for which 
                such percentage is not less than 60 percent, but is 
                less than 70 percent; and
                    (C) 90 percent, in the case of any State not 
                described in subparagraph (A) or (B).
            (2) State share.--
                    (A) In general.--The State shall contribute the 
                remaining share (referred to in this paragraph as the 
                ``State share'') of the cost described in subsection 
                (a).
                    (B) Form.--The State share of the cost shall be in 
                cash.
                    (C) Sources.--The State may provide for the State 
                share of the cost from State or local sources, or 
through donations from private entities.
    (f) State Administrative Costs.--
            (1) In general.--A State may use not more than 5 percent of 
        the funds made available through an allotment made under this 
        subtitle to pay for a portion, not to exceed 50 percent, of 
        State administrative costs related to carrying out this 
        subtitle.
            (2) Waiver.--A State may apply to the Secretary for a 
        waiver of paragraph (1). The Secretary may grant the waiver if 
        the Secretary finds that unusual circumstances prevent the 
        State from complying with paragraph (1). A State that receives 
        such a waiver may use not more than 7.5 percent of the funds 
        made available through the allotment to pay for the State 
        administrative costs.
    (g) Monitoring.--The Secretary shall monitor the activities of 
States that receive allotments under this subtitle to ensure compliance 
with the requirements of this subtitle, including compliance with the 
State plans.
    (h) Enforcement.--If the Secretary determines that a State that has 
received an allotment under this subtitle is not complying with a 
requirement of this subtitle, the Secretary may--
            (1) provide technical assistance to the State to improve 
        the ability of the State to comply with the requirement;
            (2) reduce, by not less than 5 percent, an allotment made 
        to the State under this section, for the second determination 
        of noncompliance;
            (3) reduce, by not less than 25 percent, an allotment made 
        to the State under this section, for the third determination of 
        noncompliance; or
            (4) revoke the eligibility of the State to receive 
        allotments under this section, for the fourth or subsequent 
        determination of noncompliance.
    (i) Technical Assistance.--From the funds appropriated under 
section 105 for each fiscal year, the Secretary shall reserve not more 
than 1 percent of the funds to pay for the costs of providing technical 
assistance. The Secretary shall use the reserved funds to enter into 
contracts with eligible entities to provide technical assistance, to 
local collaboratives that receive grants under section 103, relating to 
the functions of the local collaboratives under this subtitle.

SEC. 103. GRANTS TO LOCAL COLLABORATIVES.

    (a) In General.--A State board that receives an allotment under 
section 102 shall use the funds made available through the allotment, 
and the State contribution made under section 102(e)(2), to pay for the 
Federal and State shares of the cost of making grants, on a competitive 
basis, to local collaboratives to carry out young child assistance 
activities.
    (b) Use of Funds.--A local collaborative that receives a grant made 
under subsection (a)--
            (1) shall use funds made available through the grant to 
        provide, in a community, activities that consist of education 
        and supportive services, such as--
                    (A) home visits for parents of young children;
                    (B) services provided through community-based 
                family resource centers for such parents; and
                    (C) collaborative pre-school efforts that link 
                parenting education for such parents to early childhood 
                learning services for young children; and
            (2) may use funds made available through the grant--
                    (A) to provide, in the community, activities that 
                consist of--
                            (i) activities designed to strengthen the 
                        quality of child care for young children and 
                        expand the supply of high quality child care 
                        services for young children;
                            (ii) health care services for young 
                        children, including increasing the level of 
                        immunization for young children in the 
                        community, providing preventive health care 
                        screening and education, and expanding health 
                        care services in schools, child care 
                        facilities, clinics in public housing (as 
                        defined in section 3(b) of the United States 
                        Housing Act of 1937 (42 U.S.C. 1437a(b))), and 
                        mobile dental and vision clinics;
                            (iii) services for children with 
                        disabilities who are young children; and
                            (iv) activities designed to assist schools 
                        in providing educational and other support 
                        services to young children, and parents of 
                        young children, in the community, to be carried 
                        out during extended hours when appropriate; and
                    (B) to pay for the salary and expenses of the 
                administrator described in subsection (e)(4), in 
                accordance with such regulations as the Secretary shall 
                prescribe.
    (c) Multi-Year Funding.--In making grants under this section, a 
State board may make grants for grant periods of more than 1 year to 
local collaboratives with demonstrated success in carrying out young 
child assistance activities.
    (d) Local Collaboratives.--To be eligible to receive a grant under 
this section for a community, a local collaborative shall demonstrate 
that the collaborative--
            (1) is able to provide, through a coordinated effort, young 
        child assistance activities to young children, and parents of 
        young children, in the community; and
            (2) includes--
                    (A) all public agencies primarily providing 
                services to young children in the community;
                    (B) businesses in the community;
                    (C) representatives of the local government for the 
                county or other political subdivision in which the 
                community is located;
                    (D) parents of young children in the community;
                    (E) officers of community organizations serving 
                low-income individuals, as defined by the Secretary, in 
                the community;
                    (F) community-based organizations providing 
                services to young children and the parents of young 
                children, such as organizations providing child care, 
                carrying out Head Start programs, or providing pre-
                kindergarten education, mental health, or family 
                support services; and
                    (G) nonprofit organizations that serve the 
                community and that are described in section 501(c)(3) 
                of the Internal Revenue Code of 1986 and exempt from 
                taxation under section 501(a) of such Code.
    (e) Application.--To be eligible to receive a grant under this 
section, a local collaborative shall submit an application to the State 
board at such time, in such manner, and containing such information as 
the State board may require. At a minimum, the application shall 
contain--
            (1) sufficient information about the entity described in 
        subsection (d)(2) to enable the State board to determine 
        whether the entity complies with the requirements of such 
        subsection; and
            (2) a comprehensive plan for carrying out young child 
        assistance activities in the community, including information 
        indicating--
                    (A) the young child assistance activities available 
                in the community, as of the date of submission of the 
                plan, including information on efforts to coordinate 
                the activities;
                    (B) the unmet needs of young children, and parents 
                of young children, in the community for young child 
                assistance activities;
                    (C) the manner in which funds made available 
                through the grant will be used--
                            (i) to meet the needs, including expanding 
                        and strengthening the activities described in 
                        subparagraph (A) and establishing additional 
                        young child assistance activities; and
                            (ii) to improve results for young children 
                        in the community;
                    (D) how the local cooperative will use at least 60 
                percent of the funds made available through the grant 
                to provide young child assistance activities to young 
                children and parents described in subsection (f);
                    (E) the comprehensive methods that the 
                collaborative will use to ensure that--
                            (i) each entity carrying out young child 
                        assistance activities through the collaborative 
                        will coordinate the activities with such 
                        activities carried out by other entities 
                        through the collaborative; and
                            (ii) the local collaborative will 
                        coordinate the activities of the local 
                        collaborative with--
                                    (I) other services provided to 
                                young children, and the parents of 
                                young children, in the community; and
                                    (II) the activities of other local 
                                collaboratives serving young children 
                                and families in the community, if any; 
                                and
                    (F) the manner in which the collaborative will, at 
                such intervals as the State board may require, submit 
                information to the State board to enable the State 
                board to carry out monitoring under section 102(g), 
                including the manner in which the collaborative will--
                            (i) evaluate the results achieved by the 
                        collaborative for young children and parents of 
                        young children through activities carried out 
                        through the grant;
                            (ii) evaluate how services can be more 
                        effectively delivered to young children and the 
                        parents of young children; and
                            (iii) prepare and submit to the State board 
                        annual reports describing the results;
            (3) an assurance that the local collaborative will comply 
        with the requirements of subparagraphs (D), (E), and (F) of 
        paragraph (2), and subsection (g); and
            (4) an assurance that the local collaborative will hire an 
        administrator to oversee the provision of the activities 
        described in paragraphs (1) and (2)(A) of subsection (b).
    (f) Distribution.--In making grants under this section, the State 
board shall ensure that at least 60 percent of the funds made available 
through each grant are used to provide the young child assistance 
activities to young children (and parents of young children) who reside 
in school districts in which half or more of the students receive free 
or reduced price lunches under the National School Lunch Act (42 U.S.C. 
1751 et seq.).
    (g) Local Share.--
            (1) In general.--The local collaborative shall contribute a 
        percentage (referred to in this subsection as the ``local 
        share'') of the cost of carrying out the young child assistance 
        activities.
            (2) Percentage.--The Secretary shall by regulation specify 
        the percentage referred to in paragraph (1).
            (3) Form.--The local share of the cost shall be in cash.
            (4) Source.--The local collaborative shall provide for the 
        local share of the cost through donations from private 
        entities.
            (5) Waiver.--The State board shall waive the requirement of 
        paragraph (1) for poor rural and urban areas, as defined by the 
        Secretary.
    (h) Monitoring.--The State board shall monitor the activities of 
local collaboratives that receive grants under this subtitle to ensure 
compliance with the requirements of this subtitle.

SEC. 104. SUPPLEMENT NOT SUPPLANT.

    Funds appropriated under this subtitle shall be used to supplement 
and not supplant other Federal, State, and local public funds expended 
to provide services for young children.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title 
$250,000,000 for fiscal year 2000, $500,000,000 for fiscal year 2001, 
$1,000,000,000 for each of fiscal years 2002 through 2004, and such 
sums as may be necessary for fiscal year 2005 and each subsequent 
fiscal year.

                   TITLE II--CHILD CARE FOR FAMILIES

SEC. 201. AMENDMENT TO CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 
              1990.

    The Child Care and Development Block Grant Act of 1990 is amended 
by inserting after section 658C (42 U.S.C. 9858a) the following:

``SEC. 658C-1. ESTABLISHMENT OF ZERO TO SIX PROGRAM.

    ``(a) In General.--
            ``(1) Allotments.--Subject to the amount appropriated under 
        subsection (f), each State shall, for the purpose of providing 
        child care assistance on behalf of children under 6 years of 
        age, receive an allotment under this section for each fiscal 
        year in accordance with the formula described in section 658O.
            ``(2) Indian tribes.--The Secretary shall reserve 2 percent 
        of the amount appropriated to carry out this section for each 
        fiscal year for grants to Indian tribes and tribal 
        organizations.
            ``(3) Remainder.--Any amount appropriated for a fiscal year 
        under subsection (f), and remaining after the Secretary makes 
        grants to eligible States from allotments made under paragraph 
        (1) and makes the reservation described in paragraph (2), shall 
        be used by the Secretary to make additional allotments to 
        eligible States based on the formula referred to in paragraph 
        (1).
            ``(4) Reallotment.--
                    ``(A) In general.--Any portion of the allotment 
                made under paragraph (1) or (3) to a State that the 
                Secretary determines is not required by the State to 
                carry out the activities described in subsection (b), 
                in the period for which the allotment is made 
                available, shall be reallotted by the Secretary to 
                other States in proportion to the original allotments 
                to the other States.
                    ``(B) Limitations.--
                            ``(i) Reduction.--The amount of any 
                        reallotment to which a State is entitled to 
                        under subparagraph (A) shall be reduced to the 
                        extent that the amount exceeds the amount that 
                        the Secretary estimates will be used in the 
                        State to carry out the activities described in 
                        subsection (b).
                            ``(ii) Reallotments of reductions.--The 
                        amount of such reduction shall be similarly 
                        reallotted among States for which no reduction 
                        in an allotment or reallotment is required by 
                        this paragraph.
                    ``(C) Indian tribes or tribal organizations.--Any 
                portion of a grant made to an Indian tribe or tribal 
                organization under paragraph (2) that the Secretary 
                determines is not being used in a manner consistent 
                with subsection (b), in the period for which the grant 
                is made available, shall be allotted by the Secretary 
                to other Indian tribes or tribal organizations in 
                accordance with their respective needs.
            ``(5) Availability.--Amounts received by a State under a 
        grant made under this section shall be available for use by the 
        State during the fiscal year for which the amounts are provided 
        and for the following 2 fiscal years.
    ``(b) Use of Funds.--
            ``(1) In general.--Amounts received by a State under this 
        section shall be used to provide child care assistance, on a 
        sliding fee scale basis, on behalf of eligible children (as 
        determined under paragraph (2)) to enable the parents of such 
        children to secure high quality care for such children.
            ``(2) Eligibility.--To be eligible to receive child care 
        assistance from a State under this section, a child shall--
                    ``(A) be under 6 years of age;
                    ``(B) be residing with at least 1 parent who is 
                employed or enrolled in a school or training program or 
                otherwise requires child care as a preventive or 
                protective service (as determined under rules 
                established by the Secretary); and
                    ``(C) be a member of a family with a family income 
                that is less than 85 percent of the State median income 
                for a family of the size involved.
            ``(3) Infant care set-aside.--A State shall set aside 10 
        percent of the amounts received by the State under a grant made 
        under subsection (a) for a fiscal year for the establishment of 
        a program to establish innovations in infant and toddler care, 
        including models for--
                    ``(A) the development of family child care 
                networks;
                    ``(B) the training of child care providers for 
                infant and toddler care; and
                    ``(C) the support, renovation, and modernization of 
                facilities used for child care programs serving 
                infants.
            ``(4) Poverty line.--As used in this subsection, the term 
        `poverty line' means the income official poverty line (as 
        defined by the Office of Management and Budget, and revised 
        annually in accordance with section 673(2) of the Omnibus 
        Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)) that is 
        applicable to a family of the size involved.
    ``(c) Levels of Assistance.--
            ``(1) Adjustment of rates.--With respect to the levels of 
        assistance provided by States on behalf of eligible children 
        under this section, a State shall be permitted to adjust rates 
        above the market rates to ensure that families have access to 
        high quality infant and toddler care.
            ``(2) Additional assistance.--In administering this 
        section, the Secretary shall encourage States to provide 
        additional assistance (not provided from amounts appropriated 
        under subsection (f)) on behalf of children for improved infant 
        and toddler services.
            ``(3) Amount of assistance.--In providing assistance to 
        eligible children under this section, a State shall ensure that 
        an eligible child that is a member of a family with a family 
        income that is less than 100 percent of the poverty line 
        receives 100 percent of the amount of the maximum amount of 
        assistance that a child may receive under this section.
    ``(d) Application of Other Requirements.--
            ``(1) State plan.--The State, as part of the State plan 
        submitted under section 658E(c), shall describe the activities 
        that the State intends to carry out using amounts received 
        under this section, including a description of the levels of 
        assistance to be provided with the amounts.
            ``(2) Other requirements.--Amounts provided to a State 
        under this section shall be subject to the requirements and 
        limitations of this subchapter applicable to other amounts 
        provided to a State under this subchapter, except that section 
        658E(c)(3), 658F, 658G, 658J, and 658O shall not apply.
    ``(e) Report.--Not later than 1 year after the date of enactment of 
this section, the Secretary shall prepare and submit to the appropriate 
committees of Congress a report concerning--
            ``(1) the appropriate child to staff ratios for infants and 
        toddlers in child care settings, including child care centers 
        and family child care homes; and
            ``(2) other best practices for infant and toddler care.
    ``(f) Appropriation.--For grants under this section, there are 
appropriated--
            ``(1) $250,000,000 for fiscal year 2000;
            ``(2) $500,000,000 for fiscal year 2001;
            ``(3) $1,000,000,000 for each of fiscal years 2002 through 
        2004; and
            ``(4) such sums as may be necessary for fiscal year 2005 
        and each subsequent fiscal year.''.

              TITLE III--AMENDMENTS TO THE HEAD START ACT

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    Section 639(a) of the Head Start Act (42 U.S.C. 9834(a)) is amended 
by striking ``such sums'' and all that follows and inserting the 
following: ``, $5,210,000,000 for fiscal year 2000, $5,810,000,000 for 
fiscal year 2001, $6,410,000,000 for fiscal year 2002, and such sums as 
may be necessary for fiscal year 2003.''.

SEC. 302. EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect 
on October 1, 1999.
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