[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2304 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  1st Session
                                S. 2304

  To provide for tribal demonstration projects for the integration of 
 early childhood development, education, including Native language and 
 culture, and related services, for evaluation of those demonstration 
                   projects, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2015

Mr. Tester (for himself and Mr. Schatz) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
  To provide for tribal demonstration projects for the integration of 
 early childhood development, education, including Native language and 
 culture, and related services, for evaluation of those demonstration 
                   projects, 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.

    This Act may be cited as the ``Tribal Early Childhood, Education, 
and Related Services Integration Act of 2015''.

SEC. 2. TRIBAL EARLY CHILDHOOD DEMONSTRATION PROJECTS.

    The Native American Programs Act of 1974 is amended by inserting 
after section 805 (42 U.S.C. 2991d) the following:

``SEC. 805A. TRIBAL EARLY CHILDHOOD DEMONSTRATION PROJECTS.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to promote coordination of tribal early childhood 
        education programs to meet the locally determined needs of 
        tribal communities, children, and families, consistent with 
        tribal values and traditions;
            ``(2) to support integration of quality early childhood and 
        family support systems, including data systems, across various 
        tribal programs that serve Indian children, pregnant women, 
        parents, primary caregivers, and families, from pregnancy to 
        kindergarten entry;
            ``(3) to strengthen the integration of Native languages and 
        cultures into tribal early childhood education programs, 
        services, and support;
            ``(4) to identify and address real and perceived barriers 
        to collaboration and systems improvement across tribal early 
        childhood education programs;
            ``(5) to foster--
                    ``(A) further development in tribal communities of 
                culturally informed early childhood education programs;
                    ``(B) ongoing research and continuous improvement 
                in the quality of early childhood educational and 
                professional development; and
                    ``(C) effective evidence- or research-based 
                practices in tribal communities;
            ``(6) to develop, test, and disseminate integrated locally 
        designed and innovative tribal early childhood education 
        program variations that meet the needs of the tribal community 
        in accordance with this section; and
            ``(7) to increase the quality and availability of 
        comprehensive tribal early childhood education services 
        available to Indian children and families, including 
        increasing--
                    ``(A) the number of Indian children and families 
                receiving high-quality services; and
                    ``(B) the availability of full-day, full-year 
                preschool services in tribal communities.
    ``(b) Definitions.--In this section:
            ``(1) Demonstration program.--The term `demonstration 
        program' means the program established under subsection (c).
            ``(2) Demonstration project.--The term `demonstration 
        project' means a project carried out under subsection (d).
            ``(3) Early childhood education program.--The term `early 
        childhood education program' means--
                    ``(A) a Head Start program or an Early Head Start 
                program carried out under the Head Start Act (42 U.S.C. 
                9831 et seq.), including--
                            ``(i) a migrant or seasonal Head Start 
                        program;
                            ``(ii) an Indian Head Start program; or
                            ``(iii) a Head Start program or an Early 
                        Head Start program that receives State or 
                        tribal funding in addition to Federal funding;
                    ``(B) a State or tribally licensed or regulated 
                child care program; and
                    ``(C) a program that--
                            ``(i) serves children from birth through 
                        age 6;
                            ``(ii) addresses the cognitive (including 
                        language, early literacy, and early 
                        mathematics), social, emotional, and physical 
                        development of children; and
                            ``(iii) is--
                                    ``(I) a State or tribal 
                                prekindergarten program;
                                    ``(II) a program authorized under 
                                section 619 or part C of the 
                                Individuals with Disabilities Education 
                                Act (20 U.S.C. 1419; 20 U.S.C. 1431 et 
                                seq.);
                                    ``(III) a program operated by a 
                                local educational agency; or
                                    ``(IV) a program operated by an 
                                Indian tribe.
            ``(4) Eligible entity.--The term `eligible entity' means--
                    ``(A) an Indian tribe;
                    ``(B) a tribal organization, including--
                            ``(i) a tribal education agency (as defined 
                        in section 3 of the National Environmental 
                        Education Act (20 U.S.C. 5502)) designated by 
                        an Indian tribe; and
                            ``(ii) a Tribal College or University 
                        designated by an Indian tribe; and
                    ``(C) a consortium that includes as the primary 
                member an entity described in subparagraph (A) or (B).
            ``(5) Eligible underlying program.--The term `eligible 
        underlying program' means any program described in subsection 
        (e).
            ``(6) Grantee.--The term `grantee' means the eligible 
        entity carrying out a demonstration project using financial 
        assistance provided under subsection (c).
            ``(7) Indian.--The term `Indian' has the meaning given the 
        term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b).
            ``(8) Indian tribe.--
                    ``(A) In general.--The term `Indian tribe' has the 
                meaning given the term in section 4 of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450b).
                    ``(B) Inclusion.--The term `Indian tribe' includes 
                a tribal organization that is designated by an Indian 
                tribe.
            ``(9) Tribal college or university.--The term `Tribal 
        College or University' has the meaning given the term in 
        section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 
        1059c(b)).
            ``(10) Tribal organization.--The term `tribal organization' 
        has the meaning given the term in section 658P of the Child 
        Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n).
            ``(11) Work group.--The term `Work Group' means the tribal 
        early childhood demonstration program work group established 
        under subsection (i)(3).
    ``(c) Establishment of Demonstration Program.--
            ``(1) In general.--The Secretary shall establish a 
        demonstration program under which the Secretary shall provide 
        to eligible entities financial assistance, using amounts 
        appropriated to the 1 or more underlying eligible programs 
        identified by the eligible entity in the application under 
        subsection (d)(3)(C), for tribal early childhood education 
        demonstration projects.
            ``(2) Limitation.--The Secretary shall select for 
        participation in the demonstration program not more than 10 
        eligible entities for each fiscal year.
            ``(3) Duration.--
                    ``(A) In general.--Subject to subparagraph (B), 
                each grantee shall carry out, during the 5-year period 
                beginning on the date of receipt, a demonstration 
                project described in paragraph (4).
                    ``(B) Extension.--The Secretary may extend the term 
                of a demonstration project under subparagraph (A) for 1 
                or more additional periods of such time as the 
                Secretary determines to be appropriate.
            ``(4) Eligibility.--To be eligible for participation in the 
        demonstration program under this subsection, an eligible entity 
        shall demonstrate to the satisfaction of the Secretary that the 
        demonstration project proposed to be carried out by the 
        eligible entity is--
                    ``(A) designed to test or assist in the development 
                of any new approach or method that--
                            ``(i) addresses tribal community needs;
                            ``(ii) aids in overcoming unique tribal 
                        community problems impacting the effective 
                        delivery of early childhood education and 
                        development services;
                            ``(iii) fosters continuous improvement in 
                        the quality of early childhood services and 
                        support in tribal communities; and
                            ``(iv) enables participating Indian 
                        children and families to thrive and succeed in 
                        school and otherwise; and
                    ``(B) focused on culturally based early childhood 
                education, Native language and cultural revitalization 
                and maintenance, and related services.
            ``(5) Waivers.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary shall waive, with respect to a demonstration 
                project, any specific provision of law (including 
                regulations), policy, or procedure described in a 
                waiver requested under subsection (d)(3)(K), if the 
                Secretary determines that--
                            ``(i) the provision, policy, or procedure 
                        relates specifically to an eligible underlying 
                        program from which the demonstration project 
                        receives financial assistance; and
                            ``(ii) the waiver--
                                    ``(I) will enhance the ability of 
                                the grantee to coordinate and align the 
                                eligible underlying program with the 
                                demonstration project;
                                    ``(II) is consistent with the 
                                purposes of this section; and
                                    ``(III) would not jeopardize the 
                                health, safety, civil rights, or well-
                                being of the individuals to be served 
                                by the demonstration project.
                    ``(B) Exceptions.--In carrying out this subsection, 
                the Secretary may not waive--
                            ``(i) any specific regulation, policy, or 
                        procedure relating to, with respect to center-
                        based or family-based child care operations, a 
                        Head Start program or an Early Head Start 
                        program carried out under the Head Start Act 
                        (42 U.S.C. 9831 et seq.); or
                            ``(ii) any specific statutory requirement 
                        for recipients of Federal funding relating to 
                        maintenance of effort or the use of Federal 
                        funds to supplement, and not supplant, non-
                        Federal funds.
            ``(6) Special rule.--The Secretary shall ensure that all 
        demonstration projects carried out under this section respect 
        and incorporate the purposes of each eligible underlying 
        program incorporated by the grantee into the demonstration 
        project.
    ``(d) Applications.--
            ``(1) In general.--Each eligible entity desiring 
        participation in the demonstration program shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require.
            ``(2) General application.--An eligible entity may submit 1 
        general application under this subsection, which shall meet all 
        grant application requirements of each noncompetitively awarded 
        eligible underlying program identified by the eligible entity 
        under paragraph (3)(C).
            ``(3) Content.--Each application under paragraph (1) shall 
        include a proposal that contains, with respect to the proposed 
        demonstration project--
                    ``(A) an identification of the population to be 
                served by the demonstration project, including--
                            ``(i) an identification of the geographical 
                        service area to be covered;
                            ``(ii) a comprehensive assessment of early 
                        childhood care and development needs within 
                        that service area, including a description of 
                        the assets of each tribal community benefiting 
                        from the demonstration project that will be 
                        used to improve project quality and child and 
                        family outcomes;
                            ``(iii) a description of obstacles to 
                        accessing early childhood education 
                        opportunities in that service area, such as--
                                    ``(I) a shortage of enrollment 
                                slots in existing child care or early 
                                learning programs;
                                    ``(II) problems in the recruitment 
                                and retention of high-quality staff; 
                                and
                                    ``(III) a lack of sufficient 
                                transportation or educational facility 
                                infrastructure; and
                            ``(iv) a description of the means by which 
                        the proposal addresses the items identified in 
                        clauses (ii) and (iii);
                    ``(B) a plan for improving Indian family and tribal 
                community engagement and consultation services, 
                including a description of--
                            ``(i) the methods the demonstration 
                        project--
                                    ``(I) has implemented for effective 
                                engagement with Indian families and 
                                tribal community members living in the 
                                covered geographical service area 
                                during development of the demonstration 
                                project application through the notice 
                                and public comment process; and
                                    ``(II) will use to continue 
                                consultation and engagement with Indian 
                                families and tribal community members 
                                living in the covered geographical 
                                service area during implementation of 
                                the demonstration project; and
                            ``(ii) how the demonstration project will 
                        engage Indian parents in partnerships to reach 
                        proposal goals;
                    ``(C) an identification of the 1 or more eligible 
                underlying programs selected by the eligible entity for 
                inclusion in the proposed demonstration project;
                    ``(D) a description of the framework for center-
                based and family-based early childhood educational 
                programing to be used by the demonstration project, 
                including a description of how the demonstration 
                project will coordinate with the eligible underlying 
                programs proposed under subparagraph (C) to promote in 
                the applicable tribal community--
                            ``(i) school readiness;
                            ``(ii) family engagement;
                            ``(iii) parenting skills; and
                            ``(iv) healthy child development;
                    ``(E) an explanation of the role of Native language 
                and culture in the demonstration project;
                    ``(F) a description of data that will be collected 
                for monitoring and evaluation purposes, including--
                            ``(i) the methods and systems for data 
                        collection and management;
                            ``(ii) identified metrics that will be used 
                        to measure progress toward proposal goals;
                            ``(iii) any duplicative data or 
                        administrative systems that will be streamlined 
                        through integration with the eligible 
                        underlying programs; and
                            ``(iv) the precautions that will be used to 
                        ensure the privacy of participants who have 
                        data collected in accordance with the 
                        applicable privacy requirements of--
                                    ``(I) section 444 of the Family 
                                Educational Rights and Privacy Act (20 
                                U.S.C. 1232g); and
                                    ``(II) the Health Insurance 
                                Portability and Accountability Act of 
                                1996 (42 U.S.C. 201 et seq.);
                    ``(G) a description of technical assistance and 
                training the eligible entity will need to further 
                develop or implement the monitoring and evaluation 
                portion of the proposal;
                    ``(H) a description of how programming funded under 
                the demonstration project will address child and family 
                mental health issues, including issues relating to 
                violence and substance abuse;
                    ``(I) an assurance that the total projected 
                expenditures of the demonstration project will be 
                reflected in a single comprehensive budget;
                    ``(J) an identification of the specific tribal 
                entity to administer and implement the delivery of 
                services using the funds received from the underlying 
                eligible programs identified under subparagraph (C); 
                and
                    ``(K) an identification and explanation of any 
                specific provision of law (including regulations), 
                policy, or procedure of an eligible underlying program 
                identified under subparagraph (C) for which the 
                eligible entity requests a waiver.
            ``(4) Approval or disapproval.--
                    ``(A) In general.--Not later than 90 days after 
                receipt of an application under this subsection, the 
                Secretary shall notify an applicant in writing of 
                whether the application has been approved or denied.
                    ``(B) Notification requirements.--In each 
                notification under subparagraph (A), the Secretary 
                shall include--
                            ``(i) for each approved application--
                                    ``(I) the terms and conditions of 
                                the approval in accordance with 
                                paragraph (7); and
                                    ``(II) a notification of whether 
                                any waiver request included in the 
                                application under paragraph (3)(K) has 
                                been approved or denied in accordance 
                                with subsection (c)(5); and
                            ``(ii) for each disapproved application or 
                        waiver request, the reasons for the 
                        disapproval.
            ``(5) Application amendments.--
                    ``(A) In general.--A grantee may submit to the 
                Secretary a proposed amendment to an application 
                approved under this subsection, including any amendment 
                to a waiver request submitted under paragraph (3)(K), 
                at such time and in such manner as the Secretary may 
                require.
                    ``(B) Approval.--Subject to paragraph (6), not 
                later than 60 days after the date of receipt of a 
                proposed amendment under subparagraph (A), the 
                Secretary shall provide to the grantee a written notice 
                describing whether the proposed amendment has been 
                approved or disapproved.
            ``(6) Appeal of secretarial decisions.--
                    ``(A) In general.--A grantee may appeal a 
                determination of the Secretary to disapprove a waiver 
                request under subsection (c)(5) or an amendment request 
                under paragraph (5)(B)--
                            ``(i) by amending and resubmitting to the 
                        Secretary the request and explanation in 
                        accordance with paragraph (3)(K) or (5), as 
                        applicable; or
                            ``(ii) by requesting reconsideration of the 
                        request.
                    ``(B) Timeframe.--An appeal under subparagraph (A) 
                shall be submitted to the Secretary by not later than 
                the 30 days after the date of receipt of a notification 
                of disapproval of--
                            ``(i) a waiver request under paragraph 
                        (4)(B)(i)(II); or
                            ``(ii) an amendment request under paragraph 
                        (5)(B).
                    ``(C) Final determination.--Not later than 30 days 
                after the date of receipt of an appeal under 
                subparagraph (A), the Secretary shall provide to the 
                grantee a written notice of the final approval or 
                disapproval status of the waiver or amendment request, 
                as applicable.
            ``(7) Terms and conditions.--
                    ``(A) In general.--The Secretary shall include in 
                each notification of approval of an application under 
                paragraph (4) the terms and conditions of that 
                approval, including--
                            ``(i) the date on which the eligible entity 
                        may begin implementing the demonstration 
                        project;
                            ``(ii) the services and support to be 
                        provided for the demonstration project by the 
                        Administration for Children and Families;
                            ``(iii) the responsibilities of the grantee 
                        regarding implementation of the demonstration 
                        project;
                            ``(iv) the terms of distribution to the 
                        demonstration project of funds from the 
                        eligible underlying programs identified in the 
                        approved application, to be made in accordance 
                        with a payment schedule determined by the 
                        Secretary; and
                            ``(v) a requirement that the grantee shall 
                        comply with all legal requirements applicable 
                        to the eligible underlying programs that have 
                        not been waived by the Secretary pursuant to 
                        this section.
            ``(8) Selection criteria.--The Secretary may give priority 
        to a demonstration project of sufficient scope and scale to be 
        the basis of a thorough evaluation of any new approach or 
        alternative method that best--
                    ``(A) addresses the unique challenges and barriers 
                to effective and efficient programming; and
                    ``(B) ensures access to high-quality early 
                childhood education services in tribal communities.
    ``(e) Eligible Underlying Programs.--
            ``(1) In general.--A program eligible to be an underlying 
        program from which a demonstration project receives financial 
        assistance shall be 1 of the following:
                    ``(A) The social and economic development 
                strategies program carried out under section 803.
                    ``(B) The Native American language preservation and 
                maintenance program carried out under section 803C, 
                including the Esther Martinez initiative.
                    ``(C) The early childhood infrastructure 
                development grant program carried out under section 
                805B(c).
                    ``(D) The early childhood professional development 
                grant program carried out under section 805B(d).
                    ``(E) The program of block grants to States and 
                Indian tribes for temporary assistance for needy 
                families for funding for childcare carried out under 
                section 418 of the Social Security Act (42 U.S.C. 618).
                    ``(F) The tribal maternal, infant, and early 
                childhood home visiting program carried out under 
                section 511 of the Social Security Act (42 U.S.C. 711).
                    ``(G) A Head Start program or an Early Head Start 
                program carried out under the Head Start Act (42 U.S.C. 
                9831 et seq.) (except if there has been a determination 
                under section 641(c)(7)(A)(iii) of that Act (42 U.S.C. 
                9836(c)(7)(A)(iii)) that the Head Start or Early Head 
                Start agency of the Indian tribe submitting an 
                application under subsection (d) has not been 
                delivering a high-quality and comprehensive Head Start 
                or Early Head Start program).
                    ``(H) The child care and development block grant 
                program carried out under the Child Care and 
                Development Block Grant Act of 1990 (42 U.S.C. 9858 et 
                seq.).
                    ``(I) Any additional program identified by the 
                Secretary under paragraph (2).
            ``(2) Additional programs.--
                    ``(A) In general.--After consultation with the Work 
                Group, the Secretary may include in a report under 
                subsection (f)(2) a proposal to designate any 
                additional program administered by the Secretary of 
                Health and Human Services as an eligible underlying 
                program for purposes of the demonstration program under 
                this section, subject to the condition that the 
                additional program shall be consistent with the 
                purposes of the demonstration program.
                    ``(B) Deemed approval.--If Congress fails to act on 
                a proposal of the Secretary under subparagraph (A) by 
                the date that is 180 days after the date of receipt of 
                the applicable report, the proposal shall be deemed to 
                be approved by Congress.
    ``(f) Reporting Requirements.--
            ``(1) Eligible entities.--
                    ``(A) In general.--Each grantee shall submit to the 
                Secretary semiannual reports describing the progress 
                achieved and monitoring conducted by the grantee in 
                carrying out the demonstration project.
                    ``(B) Report contents.--Subject to subsection 
                (g)(4)(B), each report submitted under subparagraph (A) 
                shall include, with respect to the period covered by 
                the report--
                            ``(i) an identification of--
                                    ``(I) all uses of Federal funding, 
                                including all major activities and 
                                accomplishments; and
                                    ``(II) any problems in the 
                                implementation of the demonstration 
                                project, including any delays and 
                                actions taken to address the problems;
                            ``(ii) a description of--
                                    ``(I) all services provided to 
                                children and families under the 
                                demonstration project, including--
                                            ``(aa) the number of 
                                        children and families directly 
                                        benefiting from the services; 
                                        and
                                            ``(bb) the qualifications 
                                        and credentials of the 
                                        employees of the demonstration 
                                        project;
                                    ``(II) the progress of the specific 
                                objectives of the demonstration 
                                project; and
                                    ``(III) activities planned under 
                                the demonstration project for the 
                                following reporting period; and
                            ``(iii) any additional information the 
                        Secretary determines to be necessary--
                                    ``(I) to support the objectives of 
                                the demonstration project; and
                                    ``(II) to ensure appropriate use of 
                                Federal funding.
                    ``(C) Standard form.--The Secretary, in 
                consultation with the Work Group, shall develop a 
                standard report form--
                            ``(i) to be used by all eligible entities 
                        to achieve compliance with this paragraph; and
                            ``(ii) that can be used with respect to any 
                        eligible underlying program.
            ``(2) Secretarial reports to congress.--
                    ``(A) In general.--Not later than 5 years after the 
                date on which the first demonstration project is 
                implemented under this section, and not less frequently 
                than once every 5 years thereafter for the duration of 
                the demonstration program, the Secretary shall submit 
                to the congressional committees described in 
                subparagraph (B) a report that describes--
                            ``(i) any evidence-based developments 
                        achieved as a result of the demonstration 
                        program under this section;
                            ``(ii) the progress and impacts of the 
                        demonstration projects carried out under this 
                        section; and
                            ``(iii) with respect to the initial report 
                        required under this subparagraph, a 
                        recommendation regarding the ways in which the 
                        application process for competitively awarded 
                        eligible underlying programs can be reduced and 
                        streamlined for grantees under this section.
                    ``(B) Congressional committees.--The congressional 
                committees referred to in subparagraph (A) are--
                            ``(i) in the Senate--
                                    ``(I) the Committee on Indian 
                                Affairs; and
                                    ``(II) the Committee on Health, 
                                Education, Labor, and Pensions; and
                            ``(ii) in the House of Representatives--
                                    ``(I) the Subcommittee on Indian, 
                                Insular and Alaska Native Affairs; and
                                    ``(II) the Committee on Education 
                                and the Workforce.
    ``(g) Monitoring and Oversight; Termination.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary, in consultation with the Work Group, shall 
        implement a coordinated monitoring and oversight system that 
        applies to all eligible underlying programs, including--
                    ``(A) review of the reports described in subsection 
                (f); and
                    ``(B) onsite visits to demonstration projects, as 
                the Secretary determines to be necessary.
            ``(2) Compliance.--For each demonstration project, the 
        Secretary shall use the reports described in subsection (f) and 
        other relevant information as the basis for determining whether 
        a grantee has complied with--
                    ``(A) the terms and conditions of the demonstration 
                project; and
                    ``(B) any policy, procedure, or guidance issued 
                under paragraph (4).
            ``(3) Termination.--The Secretary may terminate funding to 
        a demonstration project if--
                    ``(A) pursuant to the monitoring and oversight 
                system under paragraph (1), the Secretary determines 
                that--
                            ``(i) the implementation of the 
                        demonstration project deviates significantly 
                        from the approved application without the prior 
                        approval of the Secretary;
                            ``(ii) noncompliance under paragraph (2) 
                        has occurred; and
                            ``(iii) the grantee has failed to correct 
                        the noncompliance described in clause (ii) 
                        after sufficient opportunity, as determined by 
                        the Secretary, to correct the noncompliance; or
                    ``(B) the grantee submits to the Secretary a 
                written request to terminate the demonstration project, 
                including an explanation of the reasons for 
                termination, as required by the Secretary.
            ``(4) Policies and procedures.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary may issue policies, procedures, and guidance 
                relating to performance-based standards of 
                accountability and internal controls necessary for a 
                grantee and eligible underlying program to ensure 
                appropriate use of Federal funding.
                    ``(B) Restriction.--The Secretary shall not require 
                a grantee to maintain a separate record for each 
                eligible underlying program that traces the use of 
                funds by the demonstration project back to each 
                individual eligible underlying program.
            ``(5) Evaluation criteria.--The Secretary, in consultation 
        with Indian tribes and grantees, shall develop and promulgate 
        regulations prescribing the parameters and evaluation criteria 
        for assessing the quality of a demonstration project.
    ``(h) Funding.--
            ``(1) Allocation.--
                    ``(A) In general.--The Secretary, acting through 
                the Assistant Secretary for Children and Families 
                (referred to in this subsection as the `Secretary'), 
                shall distribute to each grantee financial assistance 
                using amounts appropriated to each applicable eligible 
                underlying program identified by the grantee in the 
                application under subsection (d)(3) in proportions to 
                be determined by the Secretary.
                    ``(B) Determination.--The Secretary shall determine 
                the amounts allocated to each grantee from each 
                applicable eligible underlying program using the 
                funding schedules or formulas employed by the 
                applicable eligible underlying program.
            ``(2) Unused funds.--
                    ``(A) In general.--Any grant amounts that are not 
                obligated or expended by the grantee on or before 
                September 30 of the fiscal year for which the amounts 
                were distributed under paragraph (1) shall remain 
                available to the grantee until September 30 of the 
                following fiscal year.
                    ``(B) Reversion of funds.--Any grant amounts that 
                are not obligated or expended by the grantee on or 
                before the deadline described in subparagraph (A) shall 
                revert to the Secretary for reallocation to the 
                eligible underlying programs in the original 
                proportions described in paragraph (1).
            ``(3) Administration.--Notwithstanding any other provision 
        of law, of amounts available to the Secretary and not otherwise 
        obligated, the Secretary shall reserve each fiscal year 
        $3,000,000 for administration of the demonstration program, of 
        which--
                    ``(A) not less than 80 percent shall be used for 
                technical assistance and evaluation capacity building 
                activities under subsection (i); and
                    ``(B) not more than 20 percent shall be used for 
                oversight, grant application technical assistance, and 
                demonstration program evaluation.
            ``(4) Consolidation of funds.--Notwithstanding any other 
        provision of law, a grantee may consolidate financial 
        assistance received from each eligible underlying program, 
        subject to the condition that the grantee shall stipulate in 
        the application under subsection (d)(3) that the grantee shall 
        use the funds for the respective statutory and integrated 
        purposes of the eligible underlying programs.
            ``(5) Administrative costs.--A grantee may use not more 
        than 15 percent of the total amount of financial assistance 
        received under this section for administrative costs.
            ``(6) Funding level maintenance.--The Secretary shall not 
        reduce the amount of funding allocated to an eligible 
        underlying program as a result of the eligible underlying 
        program being part of a demonstration project.
    ``(i) Technical Assistance and Training.--
            ``(1) In general.--The Secretary, in consultation with the 
        Work Group, shall provide to grantees technical assistance and 
        training relating to--
                    ``(A) demonstration project administration;
                    ``(B) monitoring and evaluation capacity 
                development;
                    ``(C) coordination with tribal, Federal, State, and 
                local agencies; or
                    ``(D) any other activity to achieve the objectives 
                of this section that is--
                            ``(i) authorized by the Secretary; or
                            ``(ii) recommended by the Work Group.
            ``(2) Coordination assistance.--The Secretary may provide 
        to an entity approved by the Work Group financial assistance to 
        carry out--
                    ``(A) an evaluation of the demonstration program to 
                quantify any changes resulting from the demonstration 
                program, based on performance indicators and outcome 
                measurements used by grantees to evaluate progress in 
                achieving the objectives of each demonstration project;
                    ``(B) development and implementation of unified 
                data collection and reporting systems;
                    ``(C) semiannual training and technical assistance 
                meetings and other activities sponsored by the 
                Administration for Children and Families; or
                    ``(D) any other technical assistance and training 
                activity authorized under paragraph (1).
            ``(3) Tribal early childhood work group.--
                    ``(A) In general.--To assist in achieving the 
                purposes of the demonstration program under this 
                section, the Secretary shall establish a tribal early 
                childhood demonstration program work group.
                    ``(B) Membership.--The Work Group shall be 
                comprised of representatives of--
                            ``(i) the National Indian Child Care 
                        Association;
                            ``(ii) the Early Head Start Tribal 
                        Partnership;
                            ``(iii) the National Indian Head Start 
                        Directors Association;
                            ``(iv) the Indian Health Service;
                            ``(v) Tribal Child Care Development Fund 
                        Program Administrators;
                            ``(vi) early childhood research centers 
                        with expertise in tribal early childhood 
                        programs, including the Tribal Early Childhood 
                        Research Center at the University of Colorado;
                            ``(vii) to the extent feasible, a diverse 
                        sampling of Indian tribes participating in the 
                        demonstration program under this section;
                            ``(viii) the Administration for Native 
                        Americans;
                            ``(ix) the Tribal Home Visiting Program; 
                        and
                            ``(x) such other organizations, agencies, 
                        and entities as the Secretary determines to be 
                        appropriate.
                    ``(C) Duties.--The Work Group shall advise the 
                Secretary regarding the development and implementation 
                of--
                            ``(i) the demonstration project reporting 
                        forms described in subsection (f)(1)(C);
                            ``(ii) the coordinated monitoring and 
                        oversight system described in subsection 
                        (g)(1); and
                            ``(iii) the technical assistance and 
                        training described in this section.

``SEC. 805B. EARLY CHILDHOOD INFRASTRUCTURE DEVELOPMENT GRANT PROGRAM; 
              EARLY CHILDHOOD PROFESSIONAL DEVELOPMENT GRANT PROGRAM.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to increase the number of highly qualified early 
        childhood care and development service providers--
                    ``(A) who are Indian; or
                    ``(B) who work for programs serving tribal 
                communities; and
            ``(2) to ensure tribal early childhood care and development 
        center infrastructure is safe and conducive to serving the 
        needs of the tribal communities that use that infrastructure.
    ``(b) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means a 
        demonstration project carried out under section 805A that 
        identified in the application under subsection (c)(3)(C)(iii) 
        of that section the program carried out under subsection (c) or 
        (d), as applicable, as 1 of the eligible underlying programs to 
        be used by the demonstration project.
            ``(2) Indian.--The term `Indian' has the meaning given the 
        term in section 7151 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7491).
    ``(c) Early Childhood Infrastructure Development Grant Program.--
The Secretary shall establish a program under which the Secretary shall 
make grants to eligible entities--
            ``(1) to build facilities for early childhood care and 
        development centers; or
            ``(2) to upgrade existing childhood learning and 
        development facilities.
    ``(d) Early Childhood Professional Development Grant Program.--
            ``(1) In general.--The Secretary shall establish a program 
        under which the Secretary shall make grants to eligible 
        entities to reimburse early childhood educators for out-of-
        pocket costs associated with obtaining early childhood 
        certification or credentials.
            ``(2) Special rule.--
                    ``(A) Service for reimbursement.--Eligible entities 
                receiving a grant under paragraph (1) shall require 
                early childhood educators who receive reimbursement 
                under the grant to fulfill a period of obligated 
                service with the demonstration project of the eligible 
                entity in accordance with subparagraph (B).
                    ``(B) Period of obligated service.--
                            ``(i) In general.--The Secretary shall 
                        provide each eligible entity receiving a grant 
                        under paragraph (1) with a form contract for 
                        obligated service that the eligible entity 
                        shall use to carry out subparagraph (A).
                            ``(ii) Requirement.--Before receiving 
                        reimbursement, the early childhood educator and 
                        the eligible entity shall enter into a contract 
                        described in clause (i).
    ``(e) Allocation of Grants.--
            ``(1) Early childhood infrastructure development grants.--
        In making grants under subsection (c), the Secretary shall--
                    ``(A) allocate to an eligible entity such amounts 
                as are requested in the application of the eligible 
                entity; or
                    ``(B) if funding is insufficient to fulfill the 
                total amount requested by all eligible entities, fully 
                fund a selection of eligible entities based on the 
                following criteria:
                            ``(i) The likelihood of completing the 
                        proposed infrastructure project within the 
                        timeframe of the demonstration project.
                            ``(ii) The ability of the infrastructure 
                        project to address outstanding health and 
                        safety concerns.
                            ``(iii) Any other criteria identified by 
                        the Secretary, in consultation with the tribal 
                        early childhood demonstration program work 
                        group established under section 805A(i)(3).
            ``(2) Early childhood professional development grant.--In 
        making grants under subsection (d), the Secretary shall--
                    ``(A) allocate to an eligible entity such amounts 
                as are requested in the application of the eligible 
                entity; or
                    ``(B) if funding is insufficient to fulfill the 
                total amount requested by all eligible entities, 
                allocate funds to each eligible entity based on the 
                proportion that--
                            ``(i) the number of children served by the 
                        eligible entity; bears to
                            ``(ii) the total number of children served 
                        by all eligible entities approved for funding 
                        under subsection (d).
    ``(f) Authorization of Appropriations.--
            ``(1) Early childhood infrastructure development grant 
        program.--There are authorized to be appropriated to carry out 
        subsection (c)--
                    ``(A) $4,000,000 for each of fiscal years 2017 
                through 2021; and
                    ``(B) such sums as are necessary for each fiscal 
                year thereafter.
            ``(2) Early childhood professional development grant 
        program.--There are authorized to be appropriated to carry out 
        subsection (d)--
                    ``(A) $1,000,000 for each of fiscal years 2017 
                through 2021; and
                    ``(B) such sums as are necessary for each fiscal 
                year thereafter.''.

SEC. 3. TRIBAL EARLY CHILDHOOD EDUCATOR RECRUITMENT AND RETENTION.

    (a) Loan Forgiveness for Early Childhood Educators.--
            (1) FFEL loans.--Section 428J of the Higher Education Act 
        of 1965 (20 U.S.C. 1078-10) is amended--
                    (A) in subsection (b)(1)(A), by striking ``section 
                465(a)(2)(A)'' and inserting ``subparagraph (A) or (B) 
                of section 465(a)(2)''; and
                    (B) in subsection (c)(3)--
                            (i) in the paragraph heading, by striking 
                        ``or special education'' and inserting 
                        ``special education, or tribal early childhood 
                        development programs'';
                            (ii) in subparagraph (A)(ii), by striking 
                        ``and'' after the semicolon;
                            (iii) in subparagraph (B)(iii), by striking 
                        the period and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(C) an early childhood teacher--
                            ``(i) who meets the requirements of 
                        subsection (b); and
                            ``(ii) whose qualifying employment for 
                        purposes of such subsection is in an early 
                        childhood learning and development program--
                                    ``(I) that is operated by an Indian 
                                tribe (as defined in section 4 of the 
                                Indian Self-Determination and Education 
                                Assistance Act (25 U.S.C. 450b)); or
                                    ``(II) that serves a large 
                                percentage of Indian children, as 
                                defined by the Secretary.''.
            (2) Federal direct loans.--Section 460 of the Higher 
        Education Act of 1965 (20 U.S.C. 1087j) is amended--
                    (A) in subsection (b)(1)(A), by striking ``section 
                465(a)(2)(A)'' and inserting ``subparagraph (A) or (B) 
                of section 465(a)(2)''; and
                    (B) in subsection (c)(3)--
                            (i) in the paragraph heading, by striking 
                        ``or special education'' and inserting 
                        ``special education, or tribal early childhood 
                        development programs'';
                            (ii) in subparagraph (A)(ii), by striking 
                        ``and'' after the semicolon;
                            (iii) in subparagraph (B)(iii), by striking 
                        the period and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(C) an early childhood teacher--
                            ``(i) who meets the requirements of 
                        subsection (b); and
                            ``(ii) whose qualifying employment for 
                        purposes of such subsection is in an early 
                        childhood learning and development program--
                                    ``(I) that is operated by an Indian 
                                tribe (as defined in section 4 of the 
                                Indian Self-Determination and Education 
                                Assistance Act (25 U.S.C. 450b)); or
                                    ``(II) that serves a large 
                                percentage of Indian children, as 
                                defined by the Secretary.''.
    (b) Cancellation of Loans for Tribal Early Childhood Educators.--
Subparagraph (B) of section 465(a)(2) of the Higher Education Act of 
1965 (20 U.S.C. 1087ee(a)(2)) is amended to read as follows:
                    ``(B) as a full-time staff member with a 
                baccalaureate degree--
                            ``(i) in a preschool program carried out 
                        under the Head Start Act (42 U.S.C. 9831 et 
                        seq.) that is operated for a period which is 
                        comparable to a full school year in the 
                        locality, if the salary of such staff member is 
                        not more than the salary of a comparable 
                        employee of the local educational agency for 
                        the locality;
                            ``(ii) in a prekindergarten or child care 
                        program that is licensed or regulated by the 
                        State or an Indian tribe (as defined in section 
                        4 of the Indian Self-Determination and 
                        Education Assistance Act (25 U.S.C. 450b)) that 
                        is operated for a period which is comparable to 
                        a full school year in the locality, if the 
                        salary is not more than the salary of a 
                        comparable employee of the local educational 
                        agency for the locality;
                            ``(iii) in a center-based early childhood 
                        learning or development program operated 
                        through the family and child education program 
                        of the Bureau of Indian Education; or
                            ``(iv) in an early childhood learning or 
                        development center operated by an Indian tribe 
                        (as so defined) utilizing funds from--
                                    ``(I) early childhood learning and 
                                development grants awarded under the 
                                Native American Programs Act of 1974 
                                (42 U.S.C. 2991 et seq.), including 
                                such grants under section 803C, 805A, 
                                or 805B of such Act;
                                    ``(II) grants awarded under the 
                                Child Care and Development Block Grant 
                                Act of 1990 (42 U.S.C. 9858 et seq.); 
                                or
                                    ``(III) any other early childhood 
                                learning and development grants 
                                administered by the Administration for 
                                Children and Families under the 
                                Department of Health and Human 
                                Services, as determined by the 
                                Assistant Secretary for the 
                                Administration for Children and 
                                Families.''.
                                 <all>