[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1118 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1118

 To establish comprehensive early childhood education programs, early 
     childhood education staff development programs, model Federal 
 Government early childhood education programs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 2001

 Mrs. Mink of Hawaii introduced the following bill; which was referred 
            to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To establish comprehensive early childhood education programs, early 
     childhood education staff development programs, model Federal 
 Government early childhood education programs, and for other purposes.

    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 ``Comprehensive 
Early Childhood Education Act of 2001''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short Title; Table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Authorization of appropriations.
Sec. 5. Allocation of funds.
       TITLE I--COMPREHENSIVE EARLY CHILDHOOD EDUCATION PROGRAMS

Sec. 101. Program authorized.
Sec. 102. Prime sponsors of early childhood education programs.
Sec. 103. Early childhood education councils.
Sec. 104. Comprehensive early childhood education plans.
Sec. 105. Project applications.
Sec. 106. Special grants to States.
Sec. 107. Additional conditions for programs including construction.
Sec. 108. Use of public facilities for early childhood education 
                            programs.
Sec. 109. Payments.
   TITLE II--TRAINING, TECHNICAL ASSISTANCE, PLANNING, AND EVALUATION

Sec. 201. Preservice and inservice training.
Sec. 202. Technical assistance and planning.
Sec. 203. Evaluation.
Sec. 204. Federal standards for early childhood education.
Sec. 205. Development of uniform minimum code for facilities.
     TITLE III--MODEL FEDERAL GOVERNMENT CHILD DEVELOPMENT PROGRAMS

Sec. 301. Program authorized.
Sec. 302. Payments.
                 TITLE IV--RESEARCH AND DEMONSTRATIONS

Sec. 401. Declaration of purposes.
Sec. 402. Research and demonstration projects.
Sec. 403. Coordination of research.
                      TITLE V--GENERAL PROVISIONS

Sec. 501. Definitions.
Sec. 502. Nutrition.
Sec. 503. Special provisions.
Sec. 504. Withholding grants.
Sec. 505. Public information.

SEC. 2. FINDINGS.

    The Congress makes the following findings--
            (1) comprehensive early childhood education programs, 
        including a full range of health and social services, are 
        essential to the achievement of the full potential of the 
        Nation's children and should be available as a matter of right 
        to all children whose parents or legal guardians shall request 
        them regardless of economic, social, and family backgrounds;
            (2) children with special needs must receive full 
        consideration in planning any early childhood education 
        programs and, pending the availability of such programs for all 
        children, priority must be given to preschool children with the 
        greatest economic and social need;
            (3) no mother should be forced to work outside the home as 
        a condition for availing her children of early childhood 
        education programs;
            (4) comprehensive early childhood education programs not 
        only provide a means of delivering a full range of essential 
        services to children, but can also furnish meaningful 
        employment opportunities for many individuals, including older 
        persons, parents, young persons, and volunteers;
            (5) it is essential that the planning and operation of such 
        programs be undertaken as a partnership of parents, community, 
        and State and local government with appropriate assistance from 
        the Federal Government.

SEC. 3. PURPOSE.

    It is the purpose of this Act to provide every child with a fair 
and full opportunity to reach his or her full potential by establishing 
and expanding comprehensive early childhood education through programs 
that--
            (1) recognize and build upon the experience and success 
        gained through the Head Start program and similar efforts;
            (2) furnish early childhood education services for those 
        children who need them most, with special emphasis on preschool 
        programs for economically disadvantaged children, and for 
        children of working mothers and single parent families; and
            (3) provide that decisions on the nature of funding of such 
        programs be made at the community level with the direct 
        participation of parents of the children and other individuals 
        and organizations in the community interested in early 
        childhood education;
            (4) provide that the development, conduct, and overall 
        direction of programs be determined at the community level; and
            (5) promote the universal availability of early childhood 
        education services.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--For the purpose of carrying out this Act, there is 
authorized to be appropriated $4,000,000,000 for the fiscal year 
beginning October 1, 2001, and such sums as may be necessary in each of 
the succeeding fiscal years through 2006. Any amounts appropriated for 
such fiscal year which are not obligated at the end of such fiscal year 
may be obligated in the succeeding fiscal year.
    (b) Other Activities.--For the purpose of providing training, 
technical assistance, planning, and such other activities as the 
Secretary deems necessary and appropriate to prepare for the 
implementation of this Act, there is authorized to be appropriated 
$100,000,000 for the fiscal year beginning October 1, 2001.

SEC. 5. ALLOCATION OF FUNDS.

    (a) The amounts appropriated for carrying out this Act for any 
fiscal year beginning on or after October 1, 2001, shall be made 
available in the following manner:
            (1) $1,000,000,000 shall be used for the purpose of 
        providing assistance under titles I, II, and IV for early 
        childhood education programs focused upon young children from 
        low-income families.
            (2) Not to exceed 10 percent of the remaining amounts so 
        appropriated shall be used for the purpose of carrying out 
        titles II, III, and IV, as the Secretary deems appropriate; and
            (3) The remainder of such amounts shall be used for the 
        purpose of carrying out title I.
    (b) Reservations.--
            (1) In general.--From the amount available for carrying out 
        comprehensive early childhood education programs under title I 
        of this Act, the Secretary shall reserve the following:
                    (A) Not less than that proportion of the total 
                amount available for carrying out title I as is 
                equivalent to that proportion which the total number of 
                children of migrant agricultural workers bears to the 
                total number of economically disadvantaged children in 
                the United States, which shall be apportioned among 
                programs serving children of migrant agricultural 
                workers on an equitable basis, and to the extent 
                practicable in proportion to the relative numbers of 
                children served in each such program.
                    (B) Not less than that proportion of the total 
                amount available for carrying out title I as is 
                equivalent to that proportion which the total number of 
                children on Federal and State Indian reservations bears 
                to the total number of economically disadvantaged 
                children in the United States, which shall be 
                apportioned among programs serving children on Federal 
                and State Indian reservation on an equitable basis, and 
                to the extent practicable in proportion to the relative 
                number of children residing on each such reservation.
                    (C) Not less than that proportion of the total 
                amount available for carrying out title I as is 
                equivalent to that proportion which the total number of 
                Native Hawaiian children bears to the total number of 
                economically disadvantaged children in the United 
                States, which shall be apportioned among programs 
                serving Native Hawaiian children on an equitable basis, 
                and to the extent practicable in proportion to the 
                relative numbers of children served in each such 
                program.
                    (D) Not less than 10 percent of the total amount 
                available for carrying out title I, which shall be made 
                available for the purposes of section 101(b)(2)(I) 
                (relating to special activities for children with 
                disabilities).
                    (E) Not to exceed 5 percent of the total amount 
                available for carrying out title I, which shall be made 
                available under section 102(f)(3) (relating to model 
                programs).
            (2) Remaining amounts.--The remainder of the amounts 
        available for carrying out title I shall be allocated by the 
        Secretary on an equitable basis, and to the extent practicable 
        such funds shall be apportioned in such a manner that--
                    (A) 50 percent of such remainder shall be 
                apportioned among the States and localities within each 
                State in proportion to the relative numbers of 
                economically disadvantaged children in each such State 
                and locality, respectively;
                    (B) 25 percent of such remainder shall be 
                apportioned among the States and localities within each 
                State in proportion to the relative numbers of children 
                who have not attained six years of age in each such 
                State or locality, respectively;
                    (C) 25 percent of such remainder shall be 
                apportioned among the States and localities within each 
                State in proportion to the relative numbers of children 
                of working mothers and single parents in each such 
                State and locality, respectively.
        For the purposes of clauses (A), (B), and (C) of this 
        paragraph, there shall be excluded those children who are 
        counted under clauses (A), (B), and (C) of subsection (b)(1) of 
        this section.
            (3) Determination.--In determining the numbers of children 
        for purposes of allocating and apportioning funds under this 
        section, the Secretary shall use the most recent satisfactory 
        data available.
    (c) Special Grants.--Not to exceed 5 percent of the total funds 
apportioned for use within a State pursuant to subsection (b)(2) may be 
made available for grants to the State to carry out the provisions of 
section 106 of this Act.
    (d) Federal Register.--As soon as practicable after funds are 
appropriated to carry out this Act for any fiscal year, the Secretary 
shall publish in the Federal Register the apportionments required by 
this section.

       TITLE I--COMPREHENSIVE EARLY CHILDHOOD EDUCATION PROGRAMS

SEC. 101. PROGRAM AUTHORIZED.

    (a) In General.--The Secretary of Education shall provide financial 
assistance for carrying out early childhood education programs under 
this part to prime sponsors and to other public and private nonprofit 
agencies and organizations pursuant to plans and applications approved 
in accordance with the provisions of this title.
    (b) Use of Funds.--Funds available for this part may be used (in 
accordance with approved applications) for the following services and 
activities--
            (1) planning and developing early childhood education 
        programs, including the operation of pilot programs to test the 
        effectiveness of new concepts, programs, and delivery systems;
            (2) establishing, maintaining, and operating early 
        childhood education program, which include--
                    (A) comprehensive physical and mental health, 
                social, and cognitive development services necessary 
                for children participating in the program to profit 
                fully from their educational opportunities and to 
                attain their maximum potential;
                    (B) food and nutritional services;
                    (C) rental, remodeling, renovation, alteration, 
                construction, or acquisition of facilities, including 
                mobile facilities, and the acquisition of necessary 
                equipment and supplies;
                    (D) programs designed (i) to meet the special needs 
                of minority groups, Native Americans, Alaskan Natives 
                and Native Hawaiians, and migrant children with 
                particular emphasis on the needs of children with 
                limited English proficiency for the development of 
                skills in English and another language spoken in the 
                home, and (ii) to meet the needs of all children to 
                understand the history and cultural backgrounds of the 
                ethnic groups which belong to their communities and the 
                role of members of such ethnic groups in the history 
                and cultural development of the Nation and of the 
                region in which they reside;
                    (E) full-day, year-round program of daily 
                activities designed to develop fully each child's 
                potential;
                    (F) other specially designed health, social, and 
                educational programs (including after school, summer, 
                weekend, vacation, and overnight programs);
                    (G) medical, dental, psychological, educational, 
                and other appropriate diagnosis, identification, and 
                treatment of visual, hearing, speech, nutritional, and 
                other physical, mental, and emotional barriers to full 
                participation in child education and development 
                programs, including programs for preschool and other 
                children who are emotionally disturbed;
                    (H) prenatal and other medical services to 
                expectant mothers who cannot afford such services, 
                designed to help reduce malnutrition, infant and 
                maternal mortality, and the incidence of mental 
                retardation and other disabling conditions, and 
                postpartum and other medical services (including family 
                planning information) to such recent mothers;
                    (I) incorporation within early childhood education 
                programs of special activities designed to identify and 
                ameliorate physical, mental, and emotional disabilities 
                and special learning disabilities;
                    (J) preservice and inservice education and other 
                training for professional and paraprofessional 
                personnel;
                    (K) dissemination of information in the functional 
                language of those to be served to assure that parents 
                are well informed of early childhood education programs 
                available to them and may participate in such programs;
                    (L) services, including in-home services, and 
                training in the fundamentals of child development, for 
                parents, older family members functioning in the 
                capacity of parents, youth, and prospective parents;
                    (M) programs designed to extend comprehensive 
                prekindergarten early childhood education techniques 
                and gains (particularly parent participation) into 
                kindergarten and early primary grades (one through 
                three), in cooperation with local educational agencies, 
                including--
                            (i) the use of former assistant Head Start 
                        teachers or similar early childhood education 
                        teachers as instructional aides (in addition to 
                        those employed by the schools involved) working 
                        closely with classroom teachers in the 
                        kindergarten and such early primary grades in 
                        which are enrolled children they taught in Head 
                        Start or other early childhood programs;
                            (ii) providing for full participation of 
                        parents of the children involved in program 
                        planning, implementation, and decisionmaking; 
                        and
                            (iii) for career development opportunities 
                        and advancement through continuing education 
                        and training for instructional aides involved 
                        (including teaching salaries, educational 
                        stipends for tuition, books, and tutoring, 
                        career counseling, arrangements for academic 
                        credit for independent study, fieldwork based 
                        on their teaching assignments, and preservice 
                        and inservice training) and for the classroom 
                        teachers and principals involved; and
                    (N) such other services and activities as the 
                Secretary deems appropriate in furtherance of the 
                purposes of this part; and
            (3) staff and other administrative expenses of early 
        childhood education councils established and operated in 
        accordance with this title.

SEC. 102. PRIME SPONSORS OF EARLY CHILDHOOD DEVELOPMENT PROGRAMS.

    (a) Prime Sponsorship.--In accordance with the provisions of this 
section, a State, locality, combination of localities, Indian tribe on 
a Federal or State reservation, or public or private nonprofit agency 
or organization, meeting the requirements of this Act may be designated 
by the Secretary as prime sponsor for the purpose of entering into 
arrangements to carry out early childhood education programs under this 
part, upon the approval by the Secretary of a prime sponsorship plan, 
which includes provisions--
            (1) describing the prime sponsorship area to be served;
            (2) setting forth satisfactory provisions of establishing 
        and maintaining an Early Childhood Education Council which 
        meets the requirements of section 103 of this Act;
            (3) providing that the Early Childhood Education Council 
        shall be responsible for developing and preparing a 
        comprehensive early childhood education plan for each fiscal 
        year and any modification thereof;
            (4) setting forth arrangements under which the Early 
        Childhood Education Council will be responsible for planning, 
        supervising, coordinating, monitoring, and evaluating early 
        childhood education programs in the prime sponsorship area;
            (5) providing adequate assurances that staff and other 
        administrative expenses for the Early Childhood Education 
        Council under subsection (b) paragraph (3) of section 101 will 
        not exceed 5 percent of the total cost of comprehensive early 
        childhood education programs administered by the prime sponsor 
        unless such percentage limitation is increased to give special 
        consideration to initial costs in the first operations year or 
        to other special needs, in accordance with regulations which 
        the Secretary shall prescribe; and
            (6) providing assurances, to the extent necessary to carry 
        out comprehensive early childhood education programs in the 
        area to be served, of the capacity to provide, or to enter into 
        arrangements with appropriate State, local or other agencies 
        for linkages to provide--
                    (A) coordination with educational agencies and 
                providers of educational services;
                    (B) health (including family planning) and mental 
                health services;
                    (C) nutrition services; and
                    (D) training of professional and paraprofessional 
                personnel.
    (b) Local Approval.--The Secretary shall approve a prime 
sponsorship plan submitted by a locality which is a city, country, or 
other unit of general local government, if the Secretary determines 
that the plan so submitted meets the requirements of subsection (a) and 
includes adequate provisions for carrying out comprehensive early 
childhood education programs in area of such locality. In the event 
that an area under the jurisdiction of a unit of general local 
government, a city, county, or other unit of local government, includes 
any common geographical area with that covered by another such unit of 
general local government, the Secretary shall designate to serve such 
area the unit of general local government which the Secretary 
determines has the capability of more effectively carrying out the 
purposes of this title with respect to such area and which has 
submitted a plan which meets the requirements of this section and 
includes adequate provisions for carrying out comprehensive early 
childhood education programs in such area.
    (c) Failure To Meet Requirements.--
            (1) In general.--In the event that the Secretary determines 
        that a locality fails to meet the requirements for designation 
        as a prime sponsor under subsection (b) for the reason that it 
        lacks the capability of meeting the requirements of paragraph 
        (5) (concerning the limitation in administrative expenses for 
        Early Childhood Education Councils) or paragraph (6) 
        (concerning the capacity to provide or to enter into 
        arrangements for linkages to provide services related to early 
        childhood education) of subsection (a), the Secretary shall 
        take steps to encourage the submission of a prime sponsorship 
        plan, covering the area of such locality, by a combination of 
        localities which are adjoining and possess a sufficient 
        commonality of interest.
            (2) Meeting requirements.--The Secretary shall approve a 
        prime sponsorship plan submitted by a combination of localities 
        if the Secretary determines that the plan so submitted meets 
        the requirements of subsection (a) and includes adequate 
        provisions for carrying out comprehensive early childhood 
        education programs in the area covered by the combination of 
        such localities.
    (d) Approval of Plan.--The Secretary shall approve a prime 
sponsorship plan submitted by an Indian tribe on a Federal or State 
reservation if the Secretary determines that the plan so submitted 
meets the requirements of subsection (a) and includes adequate 
provisions for carrying out comprehensive early childhood education 
programs in the area to be served.
    (e) Approval for Special Circumstances.--In the event that the 
Secretary determines, with respect to the area of a particular 
locality, that a prime sponsorship plan meeting the requirements of 
this section has not been submitted by a locality or combination of 
localities covering such areas, or by an Indian tribe on a Federal 
or State reservation, or in the event that prime sponsorship 
designation has been withdrawn in accordance with subsection (h), the 
Secretary may, with respect to the impending fiscal year when no such 
prime sponsorship designation will be in effect, approve a plan 
submitted by the State which meets the requirements of subsection (a) 
and includes adequate provisions for carrying out comprehensive early 
childhood education programs in each such area.
    (f) Agency Approval.--The Secretary may approve a prime sponsorship 
plan submitted by a public or private nonprofit agency, including but 
not limited to a community action agency, single purpose Head Start 
agency, community development corporation, parent cooperative, 
organization of migrant agricultural workers, organization of Native 
Americans, Alaskan Natives or Native Hawaiians, employer organizations, 
or public or private educational agency or institution if the Secretary 
determines that the plan so submitted meets the requirements of 
subsection (a) of this section and includes--
            (1) provisions setting forth arrangements for serving 
        children in a neighborhood or other area possessing a 
        commonality of interest in the area of any locality with 
        respect to which there is not prime sponsorship designation in 
        effect, or with respect to any portion of an area where the 
        prime sponsor is found not to be satisfactorily implementing 
        early childhood education program which adequately meets the 
        purposes of this part, or for making available special 
        services, in accordance with criteria established by the 
        Secretary, designed to meet the needs of economically 
disadvantaged or preschool children;
            (2) arrangements for providing comprehensive early 
        childhood education programs on a full-day year-round; or
            (3) arrangements for carrying out model programs especially 
        designed to be responsive to the needs of economically 
        disadvantaged, minority groups, or limited English proficient 
        preschool children.
    (g) Comments and Recommendations.--The Governor of the State shall 
in accordance with regulations which the Secretary shall prescribe, be 
given a reasonable opportunity to review and offer recommendations to 
any applicant submitting a plan for prime sponsorship designation under 
this section, and to submit comments to the Secretary with respect to 
any plan so submitted.
    (h) Disapproval.--A prime sponsorship plan submitted under this 
section may be disapproved or a prior designation of a prime sponsor 
may be withdrawn only if the Secretary, in accordance with regulations 
prescribed by the Secretary, has provided--
            (1) written notice of intention to disapprove such plan, 
        including a statement of the reasons,
            (2) a reasonable time in which to submit corrective 
        amendments to such plan or undertake other necessary corrective 
        action, and
            (3) an opportunity for a public hearing upon which basis an 
        appeal to the Secretary may be taken as of right.
    (i) Appeals.--
            (1) In general.--If any party is dissatisfied with the 
        Secretary's final action under subsection (h) with respect to 
        the disapproval of its plan submitted under this section or the 
        withdrawal of its prime sponsorship designation, such party 
        may, within sixty days after notice of such action, file with 
        the United States court of appeals for the circuit in which 
        such party is located a petition for review of that action. A 
        copy of the petition shall be forthwith transmitted by the 
        clerk of the court to the Secretary. The Secretary thereupon 
        shall file in the court the record of the proceeding on which 
        the Secretary based his/her action, as provided in section 2112 
        of title 28, United States Code.
            (2) Court judgment.--The court shall have jurisdiction to 
        affirm the action of the Secretary or to set it aside, in whole 
        or in part. The judgment of the court shall be subject to 
        review by the Supreme Court of the United States upon 
        certiorari or certification as provided in section 1254 of 
        title 28, United States Code.

SEC. 103. EARLY CHILDHOOD EDUCATION COUNCILS.

    (a) Membership.--Each prime sponsor designed under section 102 
shall establish and maintain an Early Childhood Education Council 
consisting of not less than ten members comprised as follows:
            (1) Parents.--Not less than half of the members of such 
        Council shall be parents of children served in early childhood 
        education programs under this Act.
            (2) Remaining members.--The remaining members of such 
        Council shall be appointed by the chief executive officer or 
        officers of the prime sponsor to represent the public, but--
                    (A) not less than half of such members shall be 
                persons who are broadly representative of the general 
                public, including government agencies, public and 
                private agencies and organizations in such field as 
                economic opportunity, health, education, welfare, 
                employment and training, business or financial 
                organizations or institutions, labor unions, and 
                employers, and who are approved by the parent members 
                described in paragraph (1); and
                    (B) the remaining members the number of which shall 
                be either equal to or one less than the number of 
                members appointed under clause (A), shall be persons 
                who are particularly skilled by virtue of training or 
                experience in early childhood education, child 
                development, child health, child welfare, or other 
                child services, except that the Secretary may waive the 
                requirements of this clause (B) to the extent that the 
                Secretary determines, in accordance with regulations 
                prescribed by the Secretary, that such person are not 
                available to the area to be served.
    (b) Procedures.--In accordance with procedures with the Secretary 
shall establish pursuant to regulations, each prime sponsor designed 
under section 102 shall provide, with respect to the Early Childhood 
Education Council established and maintained by such prime sponsor, 
that--
            (1) the parent members described in paragraph (1) of 
        subsection (a) of this section shall be chosen by the 
        membership of Head Start policy committees where they exist, 
        and, at the earliest practicable time, by project policy 
        committees established pursuant to section 105(a)(2) of this 
        Act;
            (2) not less than one-fourth of the total membership of 
        such Council shall be persons broadly representative of the 
        economically disadvantaged;
            (3) the terms of office and any other policies and 
        procedures of an organizational nature, including nomination 
        and election procedures, are appropriate in accordance with the 
        purposes of this Act;
            (4) such Council shall have responsibility for approving 
        basic goals, policies, actions, and procedures for the prime 
        sponsor, including policies with respect to planning, general 
        supervision and oversight, overall coordination, personnel, 
        budgeting, funding of projects, and monitoring and evaluation 
        of projects; and
            (5) such Council shall, upon its own initiatives or upon 
        request of a project applicant or any other party in interest, 
        conduct public hearings before acting upon applications for 
        financial assistance submitted by project applicants under this 
        Act.

SEC. 104. COMPREHENSIVE EARLY CHILDHOOD EDUCATION PLANS.

    (a) Assistance.--Financial assistance under this part may be 
provided by the Secretary for any fiscal year to a prime sponsor 
designated pursuant to section 102 only pursuant to a comprehensive 
early childhood education plan which is submitted by such prime sponsor 
and approved by the Secretary in accordance with the provisions of this 
part. Any such plan shall set forth a comprehensive program providing 
early childhood education services in the prime sponsorship area 
which--
            (1) identifies all early childhood education needs and 
        goals within the area and describes the purposes for which the 
        financial assistance will be used;
            (2) meets the needs of children in the prime sponsorship 
        area, to the extent that available funds can be reasonably 
        expected to have an effective impact, including infant care and 
        before and after school programs for children in school with 
        priority to children who have not attained six years of age;
            (3) gives priority to meeting the special needs of 
        economically disadvantaged children by providing that not less 
        than 65 percent of the total cost of programs receiving 
        financial assistance under section 4(b) shall be for early 
        childhood education programs for economically disadvantaged 
        children;
            (4) gives priority thereafter to providing early childhood 
        education programs and services to children of single parents 
        and working mothers not covered under paragraph (3);
            (5) provides procedures for the approval of project 
        applications submitted in accordance with section 105;
            (6) provides, in the case of a prime sponsor located within 
        or adjacent to a metropolitan area, for coordination with other 
        prime sponsors located within such metropolitan area, and 
        arrangements for cooperative funding where appropriate, and 
        particularly for such coordination where appropriate meet the 
        needs for early childhood education services of children of 
        parents working or participating in training or otherwise 
        occupied during the day within a prime sponsorship area other 
        than that in which they reside;
            (7) provides that, to the extent feasible, each program 
        within the prime sponsorship area will include children from a 
        range of socioeconomic backgrounds;
            (8) provides comprehensive services (A) to meet the special 
        needs of minority group children of migrant agricultural 
        workers with particular emphasis on the needs of children from 
        bilingual families for development of skills in English and in 
        the other language spoken in the home, and (B) to meet the need 
        of all children to understand the history and cultural 
        background of minority groups which belong to the communities 
        and the role of members of such minority groups in the history 
        and cultural development of the Nation and the region in which 
        they reside;
            (9) provides equitably for the early childhood education 
        needs of children from each minority group or significant 
        segment of the economically disadvantaged residing within the 
        area covered;
            (10) provides, to the extent possible, for coordination of 
        early childhood education programs so as to keep family units 
        intact or in close proximity during the day;
            (11) provides for the regular and frequent dissemination of 
        information in the functional language of those to be served, 
        to assure that parents and interested persons in the community 
        are fully informed of the activities of the Early Childhood 
        Education Council and of delegate agencies;
            (12) provides that, to the extent possible, unemployed or 
        low-income persons residing in communities served by such 
        projects will receive jobs providing career ladder 
        opportunities, including in-home and part-time jobs, and 
        opportunities for training in programs assisted under title II 
        of this Act;
            (13) assures that procedures and mechanisms for 
        coordination have been developed in cooperation with preschool 
        program administrators and administrators of local educational 
        agencies and non-public schools, at the local level, to provide 
        continuity between programs for preschool and elementary school 
        children and to coordinate programs conducted under this part 
        and programs conducted pursuant to the Head Start Act (42 
        U.S.C. 9831-9852) and the Elementary and Secondary Education 
        Act of 1965, as amended;
            (14) establishes arrangements in the area served for the 
        coordination of programs conducted under the auspices of or 
        with the support of business or financial institutions or 
        organizations, industry, labor, employee and labor-management 
        organizations, and other community groups;
            (15) contains any arrangements for the delegation, under 
        the supervision of the Early Childhood Education Council, to 
        any public or private non-profit agencies, institutions, or 
        organizations, of responsibilities for the delivery of 
        programs, services, and activities for which financial 
        assistance is provided under this title, or for any planning or 
        evaluation services to be made available with respect to 
        programs under this title; and
            (16) contains plans for regularly conducting surveys and 
        analyses of needs for early childhood education programs in the 
        prime sponsorship area and for submitting to the Secretary a 
        comprehensive annual report and evaluation in such form and 
        containing such information as the Secretary shall require by 
        regulation.
    (b) Plan and Plan Modifications.--No comprehensive early childhood 
education plan or modification thereof submitted by a prime sponsorship 
under this section shall be approved by the Secretary unless the 
Secretary determines, in accordance with regulations prescribed by the 
Secretary, that--
            (1) each community action agency or single purpose Head 
        Start agency in the area to be served previously responsible 
        for the administration of programs under this part or under the 
        Head Start Act (42 U.S.C. 9831-9852) has had an opportunity to 
        submit comments to the prime sponsor and to the Secretary;
            (2) the local educational agency for the area to be served, 
        and other appropriate educational and training agencies and 
        institutions, have had an opportunity to submit comments to the 
        prime sponsor and to the Secretary; and
            (3) the Governor of the State has had an opportunity to 
        submit comments to the prime sponsor and to the Secretary.
    (c) Disapproval.--A comprehensive early childhood education plan 
submitted under this section may be disapproved or a prior approval 
withdrawn only if the Secretary, in accordance with regulations 
prescribed by the Secretary, had provided--
            (1) written notice of intention to disapprove such plan, 
        including a statement of the reasons,
            (2) reasonable time to submit corrective amendments to such 
        plan or undertake for a public hearing upon which basis an 
        appeal to the Secretary may be taken as of right.
    (d) Joint Submissions.--In order to contribute to the effective 
administration of this Act, the Secretary shall establish appropriate 
procedures to permit prime sponsors to submit jointly a single 
comprehensive early childhood education plan for the areas served by 
such prime sponsors.

SEC. 105. PROJECT APPLICATIONS.

    (a) Assistance To Project Applicant.--Financial assistance under 
this Act may be provided to a project applicant for any fiscal year 
only pursuant to a project application which is submitted by a public 
or private agency and which provides that--
            (1) funds will be provided for carrying out any early 
        childhood education program under this part only to a qualified 
        public or private agency or organization, including but not 
        limited to a community action agency, single purpose Head Start 
        agency, community development corporation, parent cooperative, 
        organization of migrant agricultural workers, organization of 
        Native Americans, Alaskan Natives, and Native Hawaiians, 
        private organization interested in early childhood education, 
        employer or business organization, labor union, employee or 
        labor management organization, or public or private educational 
        agency or institution;
            (2) project policy committees shall be established and 
        maintained, consisting of not less than ten members, composed 
        so that--
                    (A) not less than half of the members of each such 
                committee shall be parents of children served in such 
                projects, and
                    (B) the remaining members of such committee shall 
                be comprised--
                            (i) of persons who are representative of 
                        the community and who shall be approved by the 
                        parent members, and
                            (ii) of persons, the number of which shall 
                        be not less than one-third nor more than one-
                        half of the number of members appointed under 
                        clause (i), who are particularly skilled by 
                        virtue of training or experience in early 
                        childhood education, child health, child 
                        welfare, or other child services, except that 
                        the Secretary may waive the requirement of this 
                        clause (ii) to the extent that he/she 
                        determines, in accordance with regulations 
                        prescribed by the Secretary, that such persons 
                        are not available to the area to be served;
            (3) provision will be made for direct participation of such 
        policy committees in the development and preparation of project 
        applications under this part;
            (4) adequate provision will be made for training and other 
        administrative expenses of such policy committee (including 
        necessary expenses to enable low-income members to participate 
        in council or committee meetings);
            (5) project policy committees shall have responsibility for 
        approving basic goals, policies, actions, and procedures for 
        the project applicant, including policies with respect to 
        planning, overall conduct, personnel, budgeting, location of 
        centers and facilities, and direction and evaluation of 
        projects;
            (6) programs assisted under this title will provide for 
        such comprehensive health, nutritional, education, social, and 
        other services, as are necessary for the full cognitive, 
        emotional and physical development of each participating child;
            (7) adequate provision will be made for the regular and 
        frequent dissemination of information in the functional 
        language of those to be served, to assure that parents and 
        interested persons are fully informed of project activities.
            (8)(A) no charge for services provided under an early 
        childhood education program will be made with respect to any 
        child who is economically disadvantaged, except to the extent 
        that payment will be made by a third party (including a public 
        agency) which is authorized or required to pay for such 
        services; and
            (B) such charges will be made with respect to a child who 
        is not economically disadvantaged in accordance with an 
        appropriate fee schedule which shall be established by the 
        Secretary by regulation and which is based upon the ability of 
        the family to pay for such services, including the extent to 
        which any third party (including a public agency) is authorized 
        or required to make payments for such services;
            (9) children will in no case be excluded from the programs 
        operated pursuant to this part because of their participation 
        in non-public preschool or school programs or because of the 
        intention of their parents to enroll them in non-public schools 
        when they attain school age;
            (10) program will, to the extent appropriate, employ 
        paraprofessional aides and volunteers, especially parents, 
        older children, students, older persons, and persons preparing 
        for careers in early childhood education programs;
            (11) there are assurances satisfactory to the Secretary 
        that the non-Federal share requirements will be met; and
            (12) provisions will be made for such fiscal control and 
        fund accounting procedures as the Secretary shall prescribe to 
        assure proper disbursement of and accounting for Federal funds.
    (b) Project Application Approval.--A project application submitted 
in accordance with subsection (a) of this section may be approved by 
the Secretary if determined that it meets the purpose of this title.

SEC. 106. SPECIAL GRANTS TO STATES.

    Upon application submitted by any State, the Secretary is 
authorized to provide financial assistance for use by such State for 
carrying out activities for the purposes of--
            (1) identifying early childhood education goals and needs 
        within the State;
            (2) assisting in the establishing of Early Childhood 
        Education Councils and strengthening the capability of such 
        Councils to effectively plan, supervise, coordinate, monitor, 
        and evaluate early childhood education programs;
            (3) encouraging the cooperation and participation of State 
        agencies in providing early childhood education and related 
        services, including health, family planning, mental health, 
        nutrition, and family, social and rehabilitative services where 
        requested by appropriate prime sponsors in the development and 
implementation of comprehensive early childhood education plans;
            (4) encouraging the full utilization of resources and 
        facilities for early childhood education programs within the 
        State;
            (5) disseminating the results of research on early 
        childhood education programs;
            (6) conducting programs for the exchange of personnel 
        involved in early childhood education programs within the 
        State;
            (7) assisting public and private nonprofit agencies and 
        organizations in the acquisition or improvement of facilities 
        for early childhood education programs;
            (8) assessing State and local licensing codes as they 
        relate to early childhood education programs within the State; 
        and
            (9) developing information useful in reviewing prime 
        sponsorship plans under section 102(g) and of Comprehensive 
        Early Childhood Education Plans under section 104(b)(3).

SEC. 107. ADDITIONAL CONDITIONS FOR PROGRAMS INCLUDING CONSTRUCTION.

    (a) Construction.--Applications for financial assistance for 
projects, including construction, may be approved only if the Secretary 
determines that construction of such facilities is essential to the 
provision of adequate early childhood education services, and that 
rental, renovation, remodeling, or leasing of adequate facilities is 
not practicable.
    (b) Recovery of Funds.--If any facility assisted under this title 
shall cease to be used for the purpose for which it was constructed, 
the United States shall be entitled to recover from the applicant or 
other owner of the facility an amount which bears to the then value of 
the facility (or so much thereof as constituted an approved project) 
the same ratio as the amount of such Federal funds bore to the cost of 
the facility financed with the aid of such funds, unless the Secretary 
determines in accordance with regulations that there is good cause for 
releasing the applicant or other owner from the obligation to do so. 
Such value shall be determined by agreement of the parties or by action 
brought in the United States district court for the district in which 
the facility is situated.
    (c) Davis-Bacon Application.--All laborers and mechanics employed 
by contractors or subcontractors on all construction, remodeling, 
renovation, or alteration projects assisted under this part shall be 
paid wages at rates not less than those prevailing on similar 
construction in the locality as determined by the Secretary of Labor in 
accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-
5).
    (d) Grants.--Any Federal assistance for construction shall be in 
the form of grants, and shall not be paid to other than public or 
private nonprofit agencies and organizations. Not more than 15 percent 
of the total financial assistance provided to a prime sponsor under 
this part shall be used for construction of facilities.

SEC. 108. USE OF PUBLIC FACILITIES FOR CHILD DEVELOPMENT PROGRAMS.

    (a) Report.--The Secretary, after consultation with other 
appropriate officials of the Federal Government, shall within sixteen 
months after enactment of this title report to the Congress with 
respect to the extent to which facilities owned or leased by Federal 
departments, agencies, and independent authorities could be made 
available to public and private nonprofit agencies and 
organizations, through appropriate arrangements, for use as facilities 
for early childhood education programs under this title during times 
and periods when not utilized fully for their usual purposes, together 
with his/her recommendations (including recommendations for changes in 
legislation) or proposed actions for such use.
    (b) Review.--The Secretary may require, as a condition to the 
receipt of assistance under this title, that any prime sponsor under 
this title agree to conduct a review and provide the Secretary with a 
report as to the extent to which facilities owned or leased by such 
prime sponsor, or by other agencies in the prime sponsorship area, 
could be made available, through appropriate arrangements, for use as 
facilities for early childhood education programs under this title, 
during times and periods when not utilized for their usual purposes, 
together with the prime sponsor's proposed actions for such use.

SEC. 109. PAYMENTS.

    (a) Federal Share.--In accordance with this section, the Secretary 
shall pay from the applicable allocation or apportionment under section 
4 the Federal share of the costs of programs, services, and activities, 
in accordance with plans or applications which have been approved as 
provided in this part.
    (b) Payment.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), the Secretary shall pay an amount not in excess of 90 
        percent of the cost of carrying out programs, services, and 
        activities under this part. The Secretary may, in accordance 
        with such regulations prescribed by the Secretary, approve 
        assistance in excess of such percentage if the Secretary 
        determines that such action is required to provide adequately 
        for the early childhood education needs of economically 
        disadvantaged children.
            (2) Children of migrant agricultural workers.--The 
        Secretary shall pay an amount equal to 100 percent of the costs 
        of providing early childhood education programs for children of 
        migrant agricultural workers and their families under this 
        title.
            (3) Indian children.--The Secretary shall pay an amount 
        equal to 100 percent of the costs of providing early childhood 
        education programs for children on Federal or State Indian 
        reservations under this title.
            (4) Native hawaiian children.--The Secretary shall pay an 
        amount equal to 100 percent of the costs of providing early 
        childhood education programs for Native Hawaiian children under 
        this title.
    (c) Non-Federal Share.--The non-Federal share of the costs of 
programs, services, and activities assisted under this part may be 
provided through public or private funds and may be in the form of 
cash, goods, services, or facilities (or portions thereof that area 
used for program purposes), reasonably evaluated, and employee and 
employer contributions.
    (d) Fees.--Fees collected for services pursuant to section 
105(a)(8) shall be deemed financial assistance for purposes of section 
104(a)(3).
    (e) Express Amounts.--If, with respect to any fiscal year, a prime 
sponsor or project applicant provides non-Federal contributions for any 
program, service, or activity exceeding its requirements, such excess 
may be applied toward meeting the requirements for such contributions 
for the subsequent fiscal year under this part.
    (f) No Reduction of Funds.--No State or locality shall reduce its 
expenditures for early childhood education or child care programs by 
reason of assistance under this part.

   TITLE II--TRAINING, TECHNICAL ASSISTANCE, PLANNING, AND EVALUATION

SEC. 201. PRESERVICE AND INSERVICE TRAINING.

    The Secretary is authorized to make payments to provide financial 
assistance to enable individuals employed or preparing for employment 
in early childhood education program assisted under this Act, including 
volunteers, to participate in programs of preservice or inservice 
training for professional and nonprofessional personnel, to be 
conducted by any agency carrying out an early childhood education 
program, or any institution of higher education, including a community 
college, or by any combination thereof.

SEC. 202. TECHNICAL ASSISTANCE AND PLANNING.

    The Secretary shall, directly or through grant or contract, make 
technical assistance available to prime sponsors and to project 
applicants participating or seeking to participate in programs assisted 
under this title on a continuing basis to assist them in planning, 
developing, and carrying out early childhood education programs.

SEC. 203. EVALUATION.

    (a) Evaluation.--The Secretary shall make an evaluation of Federal 
involvement in early childhood education activities and services, which 
shall include--
            (1) enumeration and description of all Federal activities 
        which affect early childhood education;
            (2) analysis of expenditures of Federal funds for such 
        activities and services;
            (3) determination of the effectiveness of such activities 
        and services;
            (4) the extent to which preschool, minority group, and 
        economically disadvantaged children and their parents have 
        participated in programs under this title; and
            (5) such recommendations to Congress as the Secretary may 
        deem appropriate.
    (b) Report.--The results of the evaluation required by subsection 
(a) of this section shall be reported to Congress not later than two 
years after enactment of this title.
    (c) Evaluation.--The Secretary shall establish such procedures as 
may be necessary to conduct an annual evaluation of Federal involvement 
in early childhood education programs, and shall report the results of 
each such evaluation to Congress.
    (d) Availability of Information.--Prime sponsors and project 
applicants assisted under this Act and departments and agencies of the 
Federal Government shall, upon request by the Secretary, make 
available, consistent with other provisions of law, such information 
as the Secretary determines is necessary for purposes of making the 
evaluation required under subsection (c) of this section.
    (e) Contracts.--The Secretary may enter into contracts with public 
or private agencies, organizations, or individuals to carry out the 
provisions of this section.
    (f) Reservation.--The Secretary shall reserve for the purposes of 
this section not less than 1 percent, and may reserve for such purposes 
not more than 2 percent, of the amounts available under paragraphs (2) 
and (3) of section 5(a) of this Act for any fiscal year.

SEC. 204. FEDERAL STANDARDS FOR EARLY CHILDHOOD EDUCATION SERVICES.

    (a) Program Standards.--The Secretary shall, after consultation 
with other Federal agencies and with the Committee established pursuant 
to subsection (c) of this section, promulgate a common set of program 
standards which shall be applicable to all programs providing early 
childhood education services with Federal assistance under this Act, to 
be known as the Federal Standards for Early Childhood Education. If the 
Secretary disapproves the Committee's recommendations, the Secretary 
shall state the reasons therefor.
    (b) Committee Appointments.--The Secretary shall, within sixty days 
after enactment of this title, appoint a Special Committee on Federal 
Standards for Early Childhood Education, which shall included parents 
of children enrolled in early childhood education programs, 
representatives of public and private agencies administering early 
childhood education programs, and organization specialists, and others 
interested in the development of children. Not less than one-half of 
the membership of the Committee shall consist of parents of children 
participating in programs conducted under title I of this Act. Such 
Committee shall participate in the development of Federal Standards for 
Early Childhood Education and modifications thereof as provided in 
subsection (a).

SEC. 205. DEVELOPMENT OF UNIFORM MINIMUM CODE FOR FACILITIES.

    (a) Uniform Minimum Code.--The Secretary shall, within sixty days 
after enactment of this bill appoint a special committee to develop a 
uniform minimum code for facilities, to be used in licensing early 
childhood education facilities. Such standards shall deal principally 
with those matters essential to the health, safety, and physical 
comfort of the children and the relationship of such matters to the 
Federal Standards for Early Childhood Education.
    (b) Membership.--The special committee appointed under this section 
shall include parents of children participating in child development 
programs and representatives of State and local licensing agencies, 
public health officials, fire prevention officials, the construction 
industry and unions, public and private agencies or organizations 
administering early childhood education programs, and national agencies 
or organizations interested in the development of children. Not less 
than one-third of the membership of the committee shall consist of 
parents of children enrolled in such programs.
    (c) Public Hearings.--Within one year after its appointment, the 
special committee shall complete a proposed uniform minimum code for 
facilities and shall hold public hearings on the proposed code prior to 
submitting its final recommendation to the Secretary for approval.
    (d) Promulgation of Standards.--After considering the 
recommendations submitted by the special committee in accordance with 
subsection (c), the Secretary shall promulgate standards which shall be 
applicable to all facilities receiving Federal financial assistance 
under this Act or in which programs receiving Federal financial 
assistance under this Act are operated. If the Secretary disapproves 
the committee's recommendations, the Secretary shall state the reasons 
therefor. The Secretary shall also distribute such standards and urge 
their adoption by States and local governments. The Secretary may from 
time to time modify the uniform code for facilities in accordance with 
procedures set forth in this section.

 TITLE III--MODEL FEDERAL GOVERNMENT EARLY CHILDHOOD EDUCATION PROGRAMS

SEC. 301. PROGRAM AUTHORIZED.

    (a) Model Programs.--The Secretary is authorized to provide 
financial assistance for the purpose of establishing and operating 
model early childhood education programs (including the lease, rental, 
or construction of necessary facilities and the acquisition of 
necessary equipment and supplies) for the children of civilian 
employees of the Federal Government.
    (b) Agency Committee.--Civilian employees of any Federal agency or 
group of such agencies employing eighty working parents of young 
children who desire to participate in a program eligible for assistance 
under this part shall--
            (1) designate or create for such purpose an agency 
        committee, the membership of which shall be broadly 
        representative of the working parents interested in utilizing 
        these services who are employed by the agency or agencies; and
            (2) submit to the Secretary a plan approved by the official 
        in charge of such agency or agencies, which--
                    (A) provides that the early childhood education 
                program shall be administered under the direction of 
                the agency committee;
                    (B) provides that the program will meet the Federal 
                Standards for Early Childhood Education approved 
                pursuant to section 204 and the uniform minimum code 
                for facilities approved pursuant to section 205.
                    (C) provides a means of determining priority of 
                eligibility among parents wishing to use the service 
                program;
                    (D) provides for a scale of fees based upon the 
                parents' financial status; and
                    (E) provides for competent management, staffing, 
                and facilities for such program.
    (c) Official Plan Approval.--The Secretary shall not make payments 
under this section unless the Secretary has received approval of the 
plan from the official in charge of the agency whose employees will be 
served by the early childhood education program.

SEC. 302. PAYMENTS.

    (a) In General.--Not more than 80 percent of the total cost of the 
early childhood education program under this part shall be paid from 
Federal funds available under this title.
    (b) Public or Private Funds.--The share of the total cost not 
available under paragraph (a) may be provided through public or private 
funds and may be in the form of cash, goods, services, or facilities 
(or portions thereof that are used for program purposes), reasonable 
evaluated, fees collected from parents, and union and employer 
contributions.
    (c) Excess Amounts.--If, with respect to any fiscal year, a program 
under this part provides contributions exceeding its requirements under 
this section, such excess may be used to meet the requirements of such 
contributions for the subsequent fiscal year.

                 TITLE IV--RESEARCH AND DEMONSTRATIONS

SEC. 401. DECLARATION OF PURPOSES.

    The purposes of this part are to focus national research efforts to 
attain a fuller understanding of the process of early child development 
and the effects of organized programs upon these processes; to develop 
effective programs for research into child development; and to assure 
that the result of research and development efforts are reflected in 
the conduct of programs affecting children through the improvement and 
expansion of early childhood education and related programs.

SEC. 402. RESEARCH AND DEMONSTRATION PROJECTS.

    (a) Research and Demonstration Projects.--In order to further the 
purposes of this part, the Secretary shall carry out a program of 
research and demonstration projects, which shall include but not be 
limited to--
            (1) research to determine the nature of child development 
        processes and the impact of various influences upon them, to 
        develop techniques to measure and evaluate child development, 
        to develop standards to evaluate professional and 
        paraprofessional early childhood education personnel, to 
        determine how early childhood development and education and 
        related programs conducted in either home or institutional 
        settings affect child development processes;
            (2) research to test alternative methods of providing early 
        childhood education and related services, and to develop and 
        test innovative approaches to achieve maximum development of 
        children and programs for training adolescent youth in child 
        development;
            (3) evaluation of research findings and the development of 
        these findings and the effective application thereof; and
            (4) dissemination and application of research and 
        development efforts and demonstration projects to early 
        childhood education and related programs, using regional 
        demonstration centers and advisory services where feasible.
    (b) Authority.--In order to carry out the program provided for in 
subsection (a), the Secretary is authorized to make grants to or enter 
into contracts or other arrangements with public or private nonprofit 
agencies (including other Government agencies), organizations, and 
institutions, and to enter into contracts with private agencies, 
organizations, institutions, and individuals.

SEC. 403. COORDINATION OF RESEARCH.

    (a) Fund Transfers.--Funds available to any Federal department or 
agency for the purposes stated in section 401 or the activities stated 
in section 402(a) shall be available for transfer, with the approval of 
the head of the department or agency involved, in whole or in part, to 
the Secretary for such use as is consistent with the purposes for which 
such funds were provided, and the funds so transferred shall be 
expendable by the Secretary for the purpose for which the transfer was 
made.
    (b) Coordination.--The Secretary shall coordinate all early 
childhood education research, training, and development efforts 
conducted with the Federal Government and, to the extent feasible, by 
other agencies, organizations, and individuals.
    (c) Annual Meetings.--Representatives from the National Institute 
for Early Childhood Development, the Federal agencies administering the 
Social Security Act and the Elementary and Secondary Education Act, the 
Department of Health and Human Services Administration for Children and 
Families, the Department of Labor, and other appropriate agencies, 
shall meet at least annually and at such more frequent times as they 
may deem necessary, in order to assure coordination of child 
development and early childhood education and related activities under 
their respective jurisdictions and to carry out the provisions of this 
title so as to assure--
            (1) maximum utilization of available resources through the 
        prevention of duplication of activities;
            (2) a division of labor, insofar as is compatible with the 
        purposes of each of the agencies or authorities specified in 
        this paragraph, to assure maximum progress toward the 
        achievement of the purposes of this title; and
            (3) recommendation of priorities for federally funded 
        research and development activities related to the purposes of 
        this title and those stated in section 3.

                      TITLE V--GENERAL PROVISIONS

SEC. 501. DEFINITIONS.

    As used in this Act, the term--
            (1) ``children'' means individuals who have not attained 
        the age of 8;
            (2) ``children with disabilities'' any such child as 
        defined in section 602 of the Individuals With Disabilities 
        Education Act;
            (3) ``early childhood education programs'' means programs 
        provided on a full-day basis which provide the educational, 
        nutritional, social, medical, psychological, and physical 
        services needed for young children to attain their full 
        potential;
            (4) ``economically disadvantaged children'' means any child 
        of a family having an annual income below the lower living 
        standards budget (adjusted for regional and metropolitan, 
        urban, and rural differences, and family size), as determined 
        annually by the Bureau of Labor Statistics of the Department of 
        Labor;
            (5) ``institution of higher education'' means any such 
        institution as defined in section 1201 of the Higher Education 
        Act of 1965.
            (6) ``limited English proficiency'' means such individual 
        as defined in section 7003(a) of the Bilingual Education Act.
            (7) ``local educational agency'' means any such agency as 
        defined in section 1471 of the Elementary and Secondary 
        Education Act of 1965;
            (8) ``locality'' means any city or other municipality or 
        any county or other political subdivision of a State having 
        general governmental powers, or any combination thereof;
            (9) ``minority group'' means persons who are African-
        American, Native American, Alaskan Native, Native Hawaiian, 
        Hispanic American, Asian American, Pacific Island American, 
        Arab Americans, Persian Americans and, as determined by the 
        Secretary, or children who are from environments in which a 
        dominant language is other than English.
            (10) ``parent'' means any person who has day-to-day 
        parental responsibility for any child;
            (11) ``program'' includes any program, service, or 
        activity, which is conducted full or part-time, day or night, 
        in early childhood education facilities, in schools, in 
        neighborhood centers, or in homes, or which provides early 
        childhood education for children whose parents are working or 
        receiving education or training;
            (12) ``Secretary'' means the Secretary of Education;
            (13) ``single parent'' means any person who has sole day-
        to-day responsibility for any child;
            (14) ``State'' means each of the fifty States, the District 
        of Columbia, and the Commonwealth of Puerto Rico, Guam, 
        American Samoa, the Virgin Islands, the Commonwealth of the 
        Northern Mariana Islands, and Palau (until the effective date 
        of the Compact of Free Association with the Government of 
        Palau); and
            (15) ``working mother'' means any mother who requires child 
        care services under this Act in order to undertake or continue 
        full or part-time work, training, or education outside the 
        home.

SEC. 502. NUTRITION SERVICES.

    In accordance with the purposes of this Act, the Secretary of 
Education shall establish procedures to assure that adequate nutrition 
services will be provided in early childhood education programs under 
this Act. Such services shall make use of the Special Food Services 
Program for children as defined under the National School Lunch Act of 
1946 and the Child Nutrition Act of 1966 to the fullest extent 
appropriate and consistent with the provisions of such Acts.

SEC. 503. SPECIAL PROVISIONS.

    (a) General Authority.--The Secretary may make such grants, 
contracts, or agreements, establish such procedures, policies, rules, 
and regulations, and make such payments, in installments and in advance 
or by way of reimbursement, or otherwise allocate or expend funds made 
available under this title, including necessary adjustments in payments 
on account of overpayment or underpayment. Subject to the provisions of 
section 504, the Secretary may also withhold funds otherwise payable 
under this Act in order to recover any amounts expended in the current 
or immediately prior fiscal year in violation of any provision of this 
title or any term or condition of assistance under this title.
    (b) Regulations.--The Secretary shall prescribe regulations to 
assure that programs under this title have adequate internal 
administrative controls, accounting requirements, personnel standards, 
evaluation procedures, and other policies as may be necessary to 
promote the effective use of funds.
    (c) Prohibition on Discrimination.--The Secretary shall not provide 
financial assistance for any program under this Act unless the grant, 
contract, or agreement with respect thereto specifically provides that 
no person with responsibilities in the operation of such program will 
discriminate with respect to any program participant or any applicant 
for participation in such program because of race, creed, color, 
national origin, sex, sexual orientation, political affiliation, or 
beliefs.
    (d) Prohibition on Political Activities.--The Secretary shall not 
provide financial assistance for any program under this Act which 
involves political activities; and neither the program, the funds 
provided therefor, nor personnel employed in the administration 
thereof, shall be, in any way or to any extent, engaged in the conduct 
of political activities.
    (e) Prohibition on Sectarian Instruction.--The Secretary shall not 
provide financial assistance for any program under this Act unless the 
Secretary determines that no funds will be used for, and no person will 
be employed under the program on, the construction, operation, or 
maintenance of so much of any facility as is for use for sectarian 
instruction or as a place for religious worship.
    (f) Prohibition on Medical or Psychological Examination.--A child 
participating in a program assisted under this Act shall not be 
required to undergo medical or psychological examination (except to the 
extent related to learning ability), or treatment, if the child's 
parent or guardian objects thereto.

SEC. 504. WITHHOLDING OF GRANTS.

    Whenever the Secretary, after reasonable notice and opportunity for 
a hearing to any prime sponsor or project applicant, finds--
            (1) that there has been a failure to comply substantially 
        with any requirement set forth in the plan of any such prime 
        sponsor approved under section 104;
            (2) that there has been a failure to comply substantially 
        with any requirement set forth in the application of any such 
        project applicant approved pursuant section 105; or
            (3) that in the operation of any program or project carried 
        out by any such prime sponsor or project applicant under this 
        Act there is a failure to comply substantially with any 
        applicable provision of this Act or regulation promulgated 
        thereunder; the Secretary shall notify such prime sponsor or 
        project applicant of his/her findings and that no further 
        payments may be made to such sponsor or applicant under this 
        Act until the Secretary is satisfied that there is no longer 
        any such failure to comply, or the noncompliance will be 
        promptly corrected. The Secretary may authorize the 
        continuation of payments with respect to any project assisted 
        under this Act which is being carried out pursuant to such plan 
        or application and which is not involved in the noncompliance.

SEC. 505. PUBLIC INFORMATION.

    (a) Public Access.--Applications for designation as prime sponsors, 
comprehensive early childhood education plans, project applications, 
and all written material pertaining thereto shall be made readily 
available without charge on the public by the prime sponsor, the 
applicant, and the Secretary.
    (b) No Experimentation.--The Secretary is directed to establish 
appropriate procedures to ensure that no child shall be the subject of 
any research or experimentation under this Act other than routine 
testing and normal program evaluation unless the parent or guardian of 
such child is informed of such research or experimentation and is given 
an opportunity as of right to except such child therefrom.
    (c) Construction.--Nothing in this Act shall be construed or 
applied in such a manner as to infringe upon or usurp the moral and 
legal rights and responsibilities of parents or guardians with respect 
to the moral, mental, emotional, or physical development of their 
children. Nor shall any section of this Act be construed or applied in 
such a manner as to permit any invasion of privacy otherwise protected 
by law, or to abridge any legal remedies for any such invasion which is 
otherwise provided by law.
                                 <all>