Omnibus Budget Reconciliation Act of 1981: Titles III, VI, IX, XI, XXVI
Public Law 97–35, as amended
Omnibus Budget Reconciliation Act of 1981: Titles III, VI, IX, XI, XXVI
35
119–37
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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Multifamily Mortgage Foreclosure Act of 1981
Community Services Block Grant Act
Follow Through Act
Head Start Act
State Dependent Care Development Grants Act
Low-Income Home Energy Assistance Act of 1981
Child Care and Development Block Grant Act of 1990
Northeast Rail Service Act of 1981
African Development Bank Act
Amtrak Improvement Act of 1981
Banking and Related Programs Authorization Adjustment Act
Community Economic Development Act of 1981
Comprehensive Child Development Act
Consolidated Refugee Education Assistance Act
Consumer Product Safety Amendments of 1981
Consumer-Patient Radiation Health and Safety Act of 1981
Education Consolidation and Improvement Act of 1981
Fiscal Year 1981 Airport Development Authorization Act
Health Maintenance Organization Amendments of 1981
Housing and Community Development Amendments of 1981
Maternal and Child Health Services Block Grant Act
Medicare and Medicaid Amendments of 1981
National Consumer Cooperative Bank Act Amendments of 1981
OBRA 1981
Omnibus Budget Reconciliation Act of 1981
Omnibus Education Reconciliation Act of 1981
Postsecondary Student Assistance Amendments of 1981
Public Broadcasting Amendments of 1981
Small Business Budget Reconciliation and Loan Consolidation/Improvement Act of 1981
Social Services Block Grant Act
Strategic Petroleum Reserve Amendments Act of 1981
Child Care and Development Block Grant Act of 2014
10576
97
1981-08-13
Omnibus Budget Reconciliation Act of 1981: Titles III, VI, IX, XI, XXVI
[Public Law 97–35, Enacted August 13, 1981 (95 Stat. 357)]
[As Amended Through P.L. 119–37, Enacted November 12, 2025]
[Currency: This publication is a compilation of the text of Public Law 97–35. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
* * * * * * *
TITLE III—

BANKING, HOUSING, AND RELATED PROGRAMS
Subtitle A—

Housing and Community Development
* * * * * * *
PART 2—

HOUSING ASSISTANCE PROGRAMS
* * * * * * *

MISCELLANEOUS HOUSING ASSISTANCE PROVISIONS
Sec. 326.
* * * * * * * * * *
(d)
[42 U.S.C. 1437f note]

Rental Assistance Fraud Recoveries.—
(1)

Authority to retain recovered amounts.—
The Secretary of Housing and Urban Development shall permit public housing agencies administering the housing assistance payments program under section 8 of the United States Housing Act of 1937 to retain, out of amounts obtained by the agencies from tenants that are due as a result of fraud and abuse, an amount (determined in accordance with regulations issued by the Secretary) equal to the greater of—
(A)
50 percent of the amount actually collected, or
(B)
the actual, reasonable, and necessary expenses related to the collection, including costs of investigation, legal fees, and collection agency fees.
(2)

Use.—
Amounts retained by an agency shall be made available for use in support of the affected program or project, in accordance with regulations issued by the Secretary. Where the Secretary is the principal party initiating or sustaining an action to recover amounts from families or owners, the provisions of this section shall not apply.
(3)

Recovery.—
Amounts may be recovered under this paragraph—
(A)
by an agency through a lawsuit (including settlement of the lawsuit) brought by the agency or through court-ordered restitution pursuant to a criminal proceeding resulting from an agency's investigation where the agency seeks prosecution of a family or where an agency seeks prosecution of an owner; or
(B)
through administrative repayment agreements with a family or owner entered into as a result of an administrative grievance procedure conducted by an impartial decisionmaker in accordance with section 6(k) of the United States Housing Act of 1937.
* * * * * * *

purchase of pha obligations
Sec. 329E.
[12 U.S.C. 2294a]
In addition to any authority provided before October 1, 1981, the Secretary of Housing and Urban Development may, on and after October 1, 1981, enter into contracts for periodic payments to the Federal Financing Bank to offset the costs to the Bank of purchasing obligations (as described in the first sentence of section 16(b) of the Federal Financing Bank Act of 1973) issued by local public housing agencies for purposes of financing public housing projects authorized by section 5(c) of the United States Housing Act of 1937. Notwithstanding any other provision of law, such contracts may be entered into only to the extent approved in appropriation Acts, and the aggregate amount which may be obligated over the duration of such contracts may not exceed $400,000,000. There are hereby authorized to be appropriated any amounts necessary to provide for such payments. The authority to enter into contracts under this subsection shall be in lieu of any authority (except for authority provided specifically to the Secretary before October 1, 1981) of the Secretary to enter into contracts for such purposes under section 16(b) of the Federal Financing Bank Act of 1973.
* * * * * * *
Part 6—

MULTIFAMILY MORTGAGE FORECLOSURE

short title
Sec. 361.
[12 U.S.C. 3701 note]
This part may be cited as the “Multifamily Mortgage Foreclosure Act of 1981”.

findings and purpose
Sec. 362.
[12 U.S.C. 3701]
(a)
The Congress finds that—
(1)
disparate State laws under which the Secretary of Housing and Urban Development forecloses multifamily mortgages burden the programs administered by the Secretary pursuant to these authorities, and cause detriment to the residents of the affected projects and the community generally;
(2)
long periods to complete the foreclosure of these mortgages under certain State laws lead to deterioration in the condition of the properties involved; necessitate substantial Federal management and holding expenditures; increase the risk of vandalism, fire loss, depreciation, damage, and waste with respect to the properties; and adversely affect the residents of the projects and the neighborhoods in which the properties are located;
(3)
these conditions seriously impair the Secretary's ability to protect the Federal financial interest in the affected properties and frustrate attainment of the objectives of the underlying Federal program authorities, as well as the national housing goal of “a decent home and a suitable living environment for every American family”;
(4)
application of State redemption periods to these mortgages following their foreclosure would impair the saleability of the properties involved and discourage their rehabilitation and improvement, thereby compounding the problems referred to in clause (3);
(5)
the availability of a uniform and more expeditious procedure for the foreclosure of these mortgages by the Secretary and continuation of the practice of not applying postsale redemption periods to such mortgages will tend to ameliorate these conditions; and
(6)
providing the Secretary with a nonjudicial foreclosure procedure will reduce unnecessary litigation by removing many foreclosures from the courts where they contribute to overcrowded calendars.
(b)
The purpose of this part is to create a uniform Federal foreclosure remedy for multifamily mortgages.

definitions
Sec. 363.
[12 U.S.C. 3702]
As used in this part—
(1)
“mortgage” means a deed of trust, mortgage, deed to secure debt, security agreement, or any other form of instrument under which any interest in property, real, personal or mixed, or any interest in property including leaseholds, life estates, reversionary interests, and any other estates under applicable State law, is conveyed in trust, mortgaged, encumbered, pledged, or otherwise rendered subject to a lien, for the purpose of securing the payment of money or the performance of an obligation;
(2)
“multifamily mortgage” means a mortgage held by the Secretary pursuant to—
(A)
section 608 or 801, or title II or X, of the National Housing Act;
(B)
section 312 of the Housing Act of 1964, as it existed immediately before its repeal by section 289 of the Cranston-Gonzalez National Affordable Housing Act;
(C)
section 202 of the Housing Act of 1959, as it existed immediately before its amendment by section 801 of the Cranston-Gonzalez National Affordable Housing Act;
(D)
section 202 of the Housing Act of 1959, as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act;
(E)
section 811 of the Cranston-Gonzalez National Affordable Housing Act; and
(F)
section 514 or 515 of the Housing Act of 1949 (42 U.S.C. 1484, 1485).
(3)
“mortgage agreement” means the note or debt instrument and the mortgage instrument, deed of trust instrument, trust deed, or instrument or instruments creating the mortgage, including any instrument incorporated by reference therein (including any applicable regulatory agreement), and any instrument or agreement amending or modifying any of the foregoing;
(4)
“mortgagor” means the obligor, grantor, or trustor named in the mortgage agreement and, unless the contest otherwise indicates, includes the current owner of record of the security property whether or not personally liable on the mortgage debt;
(5)
“person” includes any individual, group of individuals, association, partnership, corporation, or organization;
(6)
“record” and “recorded” include “register” and “registered” in the instance of registered land;
(7)
“security property” means the property, real, personal or mixed, or an interest in property, including leaseholds, life estates, reversionary interests, and any other estates under applicable State law, together with fixtures and other interests subject to the lien of the mortgage under applicable State law;
(8)
“State” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands, and Indian tribes as defined by the Secretary;
(9)
“county” means county as defined in section 2 of title I, United States Code; and
(10)
“Secretary” means the Secretary of Housing and Urban Development1.
^1
Section 762 of division B of Public Law 118-42 provides for an amendment to paragraph (10) by inserting after “Secretary of Housing Urban Development” the following: “and the Secretary of Agriculture”. The amendment should have inserted the new phrase after “Secretary of Housing and Urban Development”.

applicability
Sec. 364.
[12 U.S.C. 3703]
Multifamily mortgages held by the Secretary encumbering real estate located in any State may be foreclosed by the Secretary in accordance with this part, or pursuant to other foreclosure procedures available, at the option of the Secretary. If the Secretary forecloses on any such mortgage pursuant to such other foreclosure procedures available, the provisions of section 367(b) may be applied at the discretion of the Secretary.

designation of foreclosure commissioner
Sec. 365.
[12 U.S.C. 3704]
A foreclosure commissioner or commissioners designated pursuant to this part shall have a nonjudicial power of sale as provided in this part. Where the Secretary is the holder of a multi-family mortgage, the Secretary may designate a foreclosure commissioner and, with or without cause, may designate a substitute foreclosure commissioner to replace a previously designated foreclosure commissioner, by executing a duly acknowledged, written designation stating the name and business or residential address of the commissioner or substitute commissioner. The designation shall be effective upon execution. Except as provided in section 368(b), a copy of the designation shall be mailed with each copy of the notice of default and foreclosure sale served by mail in accordance with section 369(1). The foreclosure commissioner, if a natural person, shall be a resident of the State in which the security property is located and, if not a natural person, the foreclosure commissioner must be duly authorized to transact business under the laws of the State in which the security property is located. The foreclosure commissioner shall be a person who is responsible, financially sound and competent to conduct the foreclosure. More than one foreclosure commissioner may be designated. If a natural person is designated as foreclosure commissioner or substitute foreclosure commissioner, such person shall be designated by name, except that where such person is designated in his or her capacity as an official or employee of the government of the State or subdivision thereof in which the security property is located, such person may be designated by his or her unique title or position instead of by name. The Secretary shall be a guarantor of payment of any judgment against the foreclosure commissioner for damages based upon the commissioner's failure properly to perform the commissioner's duties. As between the Secretary and the mortgagor, the Secretary shall bear the risk of any financial default by the foreclosure commissioner. In the event that the Secretary makes any payment pursuant to the preceding two sentences, the Secretary shall be fully subrogated to the rights satisfied by such payment.

prerequisites to foreclosure
Sec. 366.
[12 U.S.C. 3705]
Foreclosure by the Secretary under this part of a multi-family mortgage may be commenced, as provided in section 368, upon the breach of a covenant or condition in the mortgage agreement for which foreclosure is authorized under the mortgage, except that no such foreclosure may be commenced unless any previously pending proceeding, judicial or nonjudicial, separately instituted by the Secretary to foreclose the mortgage other than under this part has been withdrawn, dismissed, or otherwise terminated. No such separately instituted foreclosure proceeding on the mortgage shall be instituted by the Secretary during the pendency of foreclosure pursuant to this part. Nothing in this part shall preclude the Secretary from enforcing any right, other than foreclosure, under applicable State law, including any right to obtain a monetary judgment. Nothing in this part shall preclude the Secretary from foreclosing under this part where the Secretary has obtained or is seeking any other remedy available pursuant to Federal or State law or under the mortgage agreement, including, but not limited to, the appointment of a receiver, mortgagee-in-possesion status, relief under an assignment of rents, or transfer to a nonprofit entity pursuant to section 202 of the Housing Act of 1959 (as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act) or section 811 of the Cranston-Gonzalez National Affordable Housing Act.

notice of default and foreclosure sale
Sec. 367.
[12 U.S.C. 3706]
(a)
The notice of default and foreclosure sale to be served in accordance with this part shall be subscribed with the name and address of the foreclosure commissioner and the date on which subscribed, and shall set forth the following information:
(1)
the names of the Secretary, the original mortgagee and the original mortgagor;
(2)
the street address or a description of the location of the security property, and a description of the security property, or so much thereof as is to be offered for sale, sufficient to identify the property to be sold;
(3)
the date of the mortgage, the office in which the mortgage is recorded, and the liber and folio or other description of the location of recordation of the mortgage;
(4)
the failure to make payment, including the due date of the earliest installment payment remaining wholly unpaid as of the date the notice is subscribed, or the description of other default or defaults upon which foreclosure is based, and the acceleration of the secured indebtedness;
(5)
the date, time, and place of the foreclosure sale;
(6)
a statement that the foreclosure is being conducted pursuant to this part;
(7)
the types of costs, if any, to be paid by the purchaser upon transfer of title; and
(8)
the amount and method of deposit to be required at the foreclosure sale (except that no deposit shall be required of the Secretary), the time and method of payment of the balance of the foreclosure purchase price and other appropriate terms of sale.
(b)
(1)
Except as provided in paragraph (2)(A), the Secretary may require, as a condition and term of sale, that the purchaser at a foreclosure sale under this part agree to continue to operate the security property in accordance with the terms of the program under which the mortgage insurance or assistance was provided, or any applicable regulatory or other agreement in effect with respect to such property immediately prior to the time of foreclosure sale.
(2)
(A)
In any case where the majority of the residential units in a property subject to such a sale are occupied by residential tenants at the time of the sale, the Secretary shall require, as a condition and term of sale, any purchaser (other than the Secretary) to operate the property in accordance with such terms, as appropriate, of the programs referred to in paragraph (1).
(B)
In any case where the Secretary is the purchaser of a multifamily project, the Secretary shall manage and dispose of such project in accordance with the provisions of section 203 of the Housing and Community Development Amendments of 1978.

commencement of foreclosure
Sec. 368.
[12 U.S.C. 3707]
(a)
If the Secretary as holder of a multifamily mortgage determines that the prerequisites to foreclosure set forth in section 366 are satisfied, the Secretary may request the foreclosure commissioner to commence foreclosure of the mortgage. Upon such request, the foreclosure commissioner shall commence foreclosure of the mortgage, by commencing service of a notice of default and foreclosure sale in accordance with section 369.
(b)
Subsequent to commencement of a foreclosure under this part, the Secretary may designate a substitute foreclosure commissioner at any time up to forty-eight hours prior to the time of foreclosure sale, and the foreclosure shall continue without prejudice, unless the substitute commissioner, in his or her sole discretion, finds that continuation of the foreclosure sale will unfairly affect the interests of the mortgagor. In the event that the substitute commissioner makes such a finding, the substitute commissioner shall cancel the foreclosure sale, or adjourn such sale in the manner provided in section 369B(c). Upon designation of a substitute foreclosure commissioner, a copy of the written notice of such designation referred to in section 365 shall be served upon the persons set forth in section 369(1) of this part (1) by mail as provided in such section 369 (except that the minimum time periods between mailing and the date of foreclosure sale prescribed in such section shall not apply to notice by mail pursuant to this subsection), or (2) in any other manner, which in the substitute commissioner's sole discretion, is conducive to achieving timely notice of such substitution. In the event a substitute foreclosure commissioner is designated less than forty-eight hours prior to the time of the foreclosure sale, the pending foreclosure shall be terminated and a new foreclosure shall be commenced by commencing service of a new notice of default and foreclosure sale.

service of notice of default and foreclosure sale
Sec. 369.
[12 U.S.C. 3708]
The foreclosure commissioner shall serve the notice of default and foreclosure sale provided for in section 367 upon the following persons and in the following manner, and no additional notice shall be required to be served notwithstanding any notice requirements of any State or local law—
(1)

Notice by mail.—
The notice of default and foreclosure sale, together with the designation required by section 365, shall be sent by certified or registered mail, postage prepaid and return receipt requested, to the following persons:
(A)
the current security property owner of record, as the record exists forty-five days prior to the date originally set for foreclosure sale, whether or not the notice describes a sale adjourned as provided in this part;
(B)
the original mortgagor and all subsequent mortgagors of record or other persons who appear of record or in the mortgage agreement to be liable for part or all of the mortgage debt, as the record exists forty-five days prior to the date originally set for foreclosure sale, whether or not the notice describes a sale adjourned as provided in this part, except any such mortgagors or persons who have been released; and
(C)
all persons holding liens of record upon the security property, as the record exists forty-five days prior to the date originally set for foreclosure sale, whether or not the notice describes a sale adjourned as provided in this part.
Notice under clauses (A) and (B) of this paragraph shall be mailed at least twenty-one days prior to the date of foreclosure sale, and shall be mailed to the owner or mortgagor at the address stated in the mortgage agreement, or, if none, to the address of the security property, or, at the discretion of the foreclosure commissioner, to any other address believed to be that of such owner or mortgagor. Notice under clause (C) of this paragraph shall be mailed at least ten days prior to the date of foreclosure sale, and shall be mailed to each such lienholder's address as stated of record or, at the discretion of the foreclosure commissioner, to any other address believed to be that of such lienholder. Notice by mail pursuant to this subsection or section 368(b) of this part shall be deemed duly given upon mailing, whether or not received by the addressee and whether or not a return receipt is received or the letter is returned.
(2)

Publication.—
A copy of the notice of default and foreclosure sale shall be published, as provided herein, once a week during three successive calendar weeks, and the date of last publication shall be not less than four nor more than twelve days prior to the sale date. The information included in the notice of default and foreclosure sale pursuant to section 367(a)(4) may be omitted, in the foreclosure commissioner's discretion, from the published notice. Such publication shall be in a newspaper or newspapers having general circulation in the county or counties in which the security property being sold is located. To the extent practicable, the newspaper or newspapers chosen shall be a newspaper or newspapers, if any is available, having circulation conducive to achieving notice of foreclosure by publication. Should there be no newspaper published at least weekly which has a general circulation in one of the counties in which the security property being sold is located, copies of the notice of default and foreclosure sale shall be posted in at least three public places in each such county at least twenty-one days prior to the date of sale.
(3)

Posting.—
A copy of the notice of default and foreclosure sale shall be posted in a prominent place at or on the real property to be sold at least seven days prior to the foreclosure sale, and entry upon the premises for this purpose shall be privileged as against all persons. If the property consists of two or more noncontiguous parcels of land, a copy of the notice of default and foreclosure sale shall be posted in a prominent place on each such parcel. If the security property consists of two or more separate buildings, a copy of the notice of default and foreclosure sale shall be posted in a prominent place on each such building. Posting at or on the premises shall not be required where the foreclosure commissioner, in the commissioner's sole discretion, finds that the act of posting will likely cause a breach of the peace or that posting may result in an increased risk of vandalism or damage to the property.

presale reinstatement
Sec. 369A.
[12 U.S.C. 3709]
(a)
Except as provided in sections 368(b) and 369B(c) the foreclosure commissioner shall withdraw the security property from foreclosure and cancel the foreclosure sale only if—
(1)
the Secretary so directs the commissioner prior to or at the time of sale;
(2)
the commissioner finds, upon application of the mortgagor at least three days prior to the date of sale, that the default or defaults upon which the foreclosure is based did not exist at the time of service of the notice of default and foreclosure sale; or
(3)
(A)
in the case of a foreclosure involving a monetary default, there is tendered to the foreclosure commissioner before public auction is completed the entire amount of principal and interest which would be due if payments under the mortgage had not been accelerated; (B) in the case of a foreclosure involing a nonmonetary default, the foreclosure commissioner, upon application of the mortgagor before the date of foreclosure sale, finds that such default is cured; and (C) there is tendered to the foreclosure commissioner before public auction is completed all amounts due under the mortgage agreement (excluding additional amounts which would have been due if mortgage payments had been accelerated), all amounts of expenditures secured by the mortgagee and all costs of foreclosure incurred for which payment from the proceeds of foreclosure is provided in section 369C, except that the Secretary shall have discretion to refuse to cancel a foreclosure pursuant to this paragraph (3) if the current mortgagor or owner of record has on one or more previous occasions caused a foreclosure of the mortgage, commenced pursuant to this part or otherwise, to be canceled by curing a default.
(b)
Prior to withdrawing the security property from foreclosure in the circumstances described in subsection (a)(2) or (a)(3), the foreclosure commissioner shall afford the Secretary a reasonable opportunity to demonstrate why the security property should not be so withdrawn.
(c)
In any case in which a foreclosure commenced under this part is canceled, the mortgage shall continue in effect as though acceleration had not occurred.
(d)
If the foreclosure commissioner cancels a foreclosure sale under this part a new foreclosure may be subsequently commenced as provided in this part.

conduct of sale; adjournment
Sec. 369B.
[12 U.S.C. 3710]
(a)
The date of foreclosure sale set forth in the notice of default and foreclosure sale shall not be prior to thirty days after the due date of the earliest installment wholly unpaid or the earliest occurrence of any uncured nonmonetary default upon which foreclosure is based. Foreclosure sale pursuant to this part shall be at public auction, and shall be scheduled to begin between the hours of 9 o'clock ante meridian and 4 o'clock post meridian local time on a day other than Sunday or a public holiday as defined by section 6103(a) of title 5, United States Code, or State law. The foreclosure sale shall be held at a location specified in the notice of default and foreclosure sale, which shall be a location where foreclosure real estate auctions are customarily held in the county or one of the counties in which the property to be sold is located, or at a courthouse therein, or at or on the property to be sold. Sale of security property situated in two or more counties may be held in any one of the counties in which any part of the security property is situated.
(b)
The foreclosure commissioner shall conduct the foreclosure sale in accordance with the provisions of this part and in a manner fair to both the mortgagor and the Secretary. The foreclosure commissioner shall attend the foreclosure sale in person, or, if there are two or more commissioners, at least one shall attend the foreclosure sale. In the event that no foreclosure commissioner is a natural person, the foreclosure commissioner shall cause its duly authorized employee to attend the foreclosure sale to act on its behalf. Written one-price sealed bids shall be accepted by the foreclosure commissioner from the Secretary and other persons for entry by announcement by the commissioner at the sale. The Secretary and any other person may bid at the foreclosure sale, including the Secretary or any other person who has submitted a written one-price bid, except that the foreclosure commissioner or any relative, related business entity or employee of such commissioner or entity shall not be permitted to bid in any manner on the security property subject to foreclosure sale. The foreclosure commissioner may serve as auctioneer, or, in accordance with regulations of the Secretary, may employ an auctioneer to be paid from the commission provided for in section 369C(5).
(c)
The foreclosure commissioner shall have discretion, prior to or at the time of sale, to adjourn or cancel the foreclosure sale if the commissioner determines, in the commissioner's sole discretion, that circumstances are not conducive to a sale which is fair to the mortgagor and the Secretary or that additional time is necessary to determine whether the security property should be withdrawn from foreclosure as provided in section 369A. The foreclosure commissioner may adjourn a sale to a later hour the same day without the giving of further notice, or may adjourn the foreclosure sale for not less than nine nor more than twenty-four days, in which case the commissioner shall serve a notice of default and foreclosure sale revised to recite that the foreclosure sale has been adjourned to a specified date and to include any corrections the foreclosure commissioner deems appropriate. Such notice shall be served by publication, mailing and posting in accordance with section 369, except that publication may be made on any of three separate days prior to the revised date of foreclosure sale, and mailing may be made at any time at least seven days prior to the date to which the foreclosure sale has been adjourned.

foreclosure costs
Sec. 369C.
[12 U.S.C. 3711]
The following foreclosure costs shall be paid from the sale proceeds prior to satisfaction of any other claim to such sale proceeds:
(1)
necessary advertising costs and postage incurred in giving notice pursuant to sections 369 and 369B;
(2)
mileage for posting notices and for the foreclosure commissioner's attendance at the sale at the rate provided in section 1921 of title 28, United States Code, for mileage by the most reasonable road distance;
(3)
reasonable and necessary costs actually incurred in connection with any necessary search of title and lien records;
(4)
necessary out-of-pocket costs incurred by the foreclosure commissioner to record documents; and
(5)
a commission for the foreclosure commissioner for the conduct of the foreclosure to the extent authorized by regulations issued by the Secretary.

disposition of sale proceeds
Sec. 369D.
[12 U.S.C. 3712]
Money realized from a foreclosure sale shall be made available for obligation and expenditure—
(1)
first to cover the costs of foreclosure provided for in section 369C;
(2)
then to pay valid tax liens or assessments prior to the mortgage;
(3)
then to pay any liens recorded prior to the recording of the mortgage which are required to be paid in conformity with the terms of sale in the notice of default and foreclosure sale;
(4)
then to service charges and advancements for taxes, assessments, and property insurance premiums;
(5)
then to the interest;
(6)
then to the principal balance secured by the mortgage (including expenditures for the necessary protection, preservation, and repair of the security property as authorized under the mortgage agreement and interest thereon if provided for in the mortgage agreement); and
(7)
then to late charges.
Any surplus after payment of the foregoing shall be paid to holders of liens recorded after the mortgage and then to the appropriate mortgagor. If the person to whom such surplus is to be paid cannot be located, or if the surplus available is insufficient to pay all claimants and the claimants cannot agree on the allocation of the surplus, or if any person claiming an interest in the mortgage proceeds does not agree that some or all of the sale proceeds should be paid to a claimant as provided in this section, that part of the sale proceeds in question may be deposited by the foreclosure commissioner with an appropriate official or court authorized under law to receive disputed funds in such circumstances. If such a procedure for the deposit of disputed funds is not available, and the foreclosure commissioner files a bill of interpleader or is sued as a stakeholder to determine entitlement to such funds, the foreclosure commissioner's necessary costs in taking or defending such action shall be deductible from the disputed funds.

transfer of title and possession
Sec. 369E.
[12 U.S.C. 3713]
(a)
The foreclosure commissioner shall deliver a deed or deeds to the purchaser or purchasers and obtain the balance of the purchase price in accordance with the terms of sale provided in the notice of default and foreclosure sale.
(b)
Subject to subsection (c), the foreclosure deed or deeds shall convey all of the right, title, and interest in the security property covered by the deed which the Secretary as holder, the foreclosure commissioner, the mortgagor, and any other persons claiming by, through, or under them, had on the date of execution of the mortgage, together with all of the right, title, and interest thereafter acquired by any of them in such property up to the hour of sale, and no judicial proceeding shall be required ancillary or supplementary to the procedures provided in this part to assure the validity of the conveyance or confirmation of such conveyance.
(c)
A purchaser at a foreclosure sale held pursuant to this part shall be entitled to possession upon passage of title to the mortgaged property, subject to an interest or interests senior to that of the mortgage and subject to the terms of any lease of a residential tenant for the remaining term of the lease or for one year, whichever period is shorter. Any other person remaining in possession after the sale and any residential tenant remaining in possession after the applicable period shall be deemed a tenant at sufferance.
(d)
There shall be no right of redemption, or right of possession based upon right of redemption, in the mortgagor or others subsequent to a foreclosure pursuant to this part.
(e)
When conveyance is made to the Secretary, no tax shall be imposed or collected with respect to the foreclosure commissioner's deed, whether as a tax upon the instrument or upon the privilege of conveying or transferring title to the property. Failure to collect or pay a tax of the type and under the circumstances stated in the preceding sentence shall not be grounds for refusing to record such a deed, for failing to recognize such recordation as imparting notice or for denying the enforcement of such a deed and its provisions in any State or Federal court.

record of foreclosure and sale
Sec. 369F.
[12 U.S.C. 3714]
(a)
To establish a sufficient record of foreclosure and sale, the foreclosure commissioner shall include in the recitals of the deed to the purchaser or prepare an affidavit or addendum to the deed stating—
(1)
that the mortgage was held by the Secretary;
(2)
the particulars of the foreclosure commissioner's service of notice of default and foreclosure sale in accordance with sections 369 and 369B;
(3)
that the foreclosure was conducted in accordance with the provisions of this part and with the terms of the notice of default and foreclosure sale;
(4)
a correct statement of the costs of foreclosure, calculated in accordance with section 369C; and
(5)
the name of the successful bidder and the amount of the successful bid.
(b)
The deed executed by the foreclosure commissioner, the foreclosure commissioner's affidavit and any other instruments submitted for recordation in relation to the foreclosure of the security property under this part shall be accepted for recordation by the registrar of deeds or other appropriate official of the county or counties in which the security property is located upon tendering of payment of the usual recording fees for such instruments.

computation of time
Sec. 369G.
[12 U.S.C. 3715]
Periods of time provided for in this part shall be calculated in consecutive calendar days including the day or days on which the actions or events occur or are to occur for which the period of time is provided and including the day on which an event occurs or is to occur from which the period is to be calculated.

separability
Sec. 369H.
[12 U.S.C. 3716]
If any clause, sentence, paragraph or part of this part shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid or invalid as applied to a class of cases, such judgment shall not affect, impair, or invalidate the remainder thereof and of this part, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

regulations
Sec. 369I.
[12 U.S.C. 3717]
The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this part.
* * * * * * *
TITLE VI—

HUMAN SERVICES PROGRAMS
Subtitle A—

Authorizations Savings for Fiscal Years 1982, 1983, and 1984
* * * * * * *
CHAPTER 8—

COMMUNITY SERVICES PROGRAMS
* * * * * * *
subchapter B—

Head Start Programs

short title
Sec. 635.
This subchapter may be cited as the “Head Start Act”.
[42 U.S.C. 9801 note]
SEC. 636.

STATEMENT OF PURPOSE.
It is the purpose of this subchapter to promote the school readiness of low-income children by enhancing their cognitive, social, and emotional development—
(1)
in a learning environment that supports children's growth in language, literacy, mathematics, science, social and emotional functioning, creative arts, physical skills, and approaches to learning; and
(2)
through the provision to low-income children and their families of health, educational, nutritional, social, and other services that are determined, based on family needs assessments, to be necessary.
[42 U.S.C. 9831]

definitions
Sec. 637.2
For purposes of this subchapter:
^2
Subsection (b) of section 3 of the Improving Head Start for School Readiness Act of 2007 (P.L. 110–134) attempts to amend section 637 but could not be executed. Subsection (b) of such section provides as follows:
(b) Redesignation and Reordering of Definitions.—Section 637 of such Act is amended—
(1) by redesignating paragraphs (1) through (23) as paragraphs (1), (3), (4), (5), (6), (7), (8), (9), (10), (12), (16), (17), (18), (19), (22), (24), (25), (2), (11), (13), (14), (15), (20), (21), (23), and (26), respectively; and
(2) so that paragraphs (1) through (26), as so redesignated in paragraph (1), appear in numerical order.
(1)
The term “child with a disability” means—
(A)
a child with a disability, as defined in section 602(3) of the Individuals with Disabilities Education Act; and
(B)
an infant or toddler with a disability, as defined in section 632(5) of such Act.
(2)
The term “delegate agency” means a public, private nonprofit (including a community-based organization, as defined in section 8101 of the Elementary and Secondary Education Act of 1965), or for-profit organization or agency to which a grantee has delegated all or part of the responsibility of the grantee for operating a Head Start program.
(3)
The term “family literacy services” means services that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family, and that integrate all of the following activities:
(A)
Interactive literacy activities between parents and their children.
(B)
Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children.
(C)
Parent literacy training that leads to economic self-sufficiency, and financial literacy..3
^3
Two periods in paragraph (3)(C) so in law. See amendment made by section 3(a)(2) of Public Law 110–134.
(D)
An age-appropriate education to prepare children for success in school and life experiences.
(4)
The term “financial assistance” includes assistance provided by grant, agreement, or contract, and payments may be made in installments and in advance or by way of reimbursement with necessary adjustments on account of overpayments or underpayments.
(5)
The term “full calendar year” means all days of the year other than Saturday, Sunday, and a legal public holiday.
(6)
The term “full-working-day” means not less than 10 hours per day. Nothing in this paragraph shall be construed to require an agency to provide services to a child who has not reached the age of compulsory school attendance for more than the number of hours per day permitted by State law (including regulation) for the provision of services to such a child.
(7)
The term “Head Start classroom” means a group of children supervised and taught by two paid staff members (a teacher and a teacher's aide or two teachers) and, where possible, a volunteer.
(8)
The term “Head Start family day care” means Head Start services provided in a private residence other than the residence of the child receiving such services.
(9)
The term “home-based Head Start program” means a Head Start program that provides Head Start services in the private residence of the child receiving such services.
(10)
The term “Indian tribe” means any tribe, band, nation, pueblo, or other organized group or community of Indians, including any Native village described in section 3(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(c)) or established pursuant to such Act (43 U.S.C. 1601 et seq.), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(11)
The term “local educational agency” has the meaning given such term in the Elementary and Secondary Education Act of 1965.
(12)
The term “migrant or seasonal Head Start program” means—
(A)
with respect to services for migrant farmworkers, a Head Start program that serves families who are engaged in agricultural labor and who have changed their residence from one geographic location to another in the preceding 2-year period; and
(B)
with respect to services for seasonal farmworkers, a Head Start program that serves families who are engaged primarily in seasonal agricultural labor and who have not changed their residence to another geographic location in the preceding 2-year period.
(13)
The term “mobile Head Start program” means the provision of Head Start services utilizing transportable equipment set up in various community-based locations on a routine, weekly schedule, operating in conjunction with home-based Head Start programs, or as a Head Start classroom.
(14)
The term “poverty line” means the official poverty line (as defined by the Office of Management and Budget)—
(A)
adjusted to reflect the percentage change in the Consumer Price Index For All Urban Consumers, issued by the Bureau of Labor Statistics, occurring in the 1-year period or other interval immediately preceding the date such adjustment is made; and
(B)
adjusted for family size.
(15)
The term “scientifically based reading research”—
(A)
means the application of rigorous, systematic, and objective procedures to obtain valid knowledge relevant to reading development, reading instruction, and reading difficulties; and
(B)
shall include research that—
(i)
employs systematic, empirical methods that draw on observation or experiment;
(ii)
involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;
(iii)
relies on measurements or observational methods that provide valid data across evaluators and observers and across multiple measurements and observations; and
(iv)
has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.
(16)
The term “Secretary” means the Secretary of Health and Human Services.
(17)
The term “State” means a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. The term “State” includes the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
(18)
The term “deficiency” means—
(A)
a systemic or substantial material failure of an agency in an area of performance that the Secretary determines involves—
(i)
a threat to the health, safety, or civil rights of children or staff;
(ii)
a denial to parents of the exercise of their full roles and responsibilities related to program operations;
(iii)
a failure to comply with standards related to early childhood development and health services, family and community partnerships, or program design and management;
(iv)
the misuse of funds received under this subchapter;
(v)
loss of legal status (as determined by the Secretary) or financial viability, loss of permits, debarment from receiving Federal grants or contracts, or the improper use of Federal funds; or
(vi)
failure to meet any other Federal or State requirement that the agency has shown an unwillingness or inability to correct, after notice from the Secretary, within the period specified;
(B)
systemic or material failure of the governing body of an agency to fully exercise its legal and fiduciary responsibilities; or
(C)
an unresolved area of noncompliance.
(19)
The term “homeless children” has the meaning given the term “homeless children and youths” in section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)).
(20)
The term “institution of higher education” has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(21)
The term “interrater reliability” means the extent to which 2 or more independent raters or observers consistently obtain the same result when using the same assessment tool.
(22)
The term “limited English proficient”, used with respect to a child, means a child—
(A)
(i)
who was not born in the United States or whose native language is a language other than English;
(ii)
(I)
who is a Native American (as defined in section 8101 of the Elementary and Secondary Education Act of 1965), an Alaska Native, or a native resident of an outlying area (as defined in such section 8101); and
(II)
who comes from an environment where a language other than English has had a significant impact on the child's level of English language proficiency; or
(iii)
who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and
(B)
whose difficulties in speaking or understanding the English language may be sufficient to deny such child—
(i)
the ability to successfully achieve in a classroom in which the language of instruction is English; or
(ii)
the opportunity to participate fully in society.
(23)
The term “principles of scientific research” means principles of research that—
(A)
applies rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to education activities and programs;
(B)
presents findings and makes claims that are appropriate to and supported by methods that have been employed; and
(C)
includes, as appropriate to the research being conducted—
(i)
use of systematic, empirical methods that draw on observation or experiment;
(ii)
use of data analyses that are adequate to support the general findings;
(iii)
reliance on measurements or observational methods that provide reliable and generalizable findings;
(iv)
strong claims of causal relationships, only with research designs that eliminate plausible competing explanations for observed results, such as, but not limited to, random assignment experiments;
(v)
presentation of studies and methods in sufficient detail and clarity to allow for replication or, at a minimum, to offer the opportunity to build systematically on the findings of the research;
(vi)
acceptance by a peer-reviewed journal or critique by a panel of independent experts through a comparably rigorous, objective, and scientific review; and
(vii)
consistency of findings across multiple studies or sites to support the generality of results and conclusions.
(24)
The term “professional development” means high-quality activities that will improve the knowledge and skills of Head Start teachers and staff, as relevant to their roles and functions, in program administration and the provision of services and instruction, as appropriate, in a manner that improves service delivery to enrolled children and their families, including activities that—
(A)
are part of a sustained effort to improve overall program quality and outcomes for enrolled children and their families;
(B)
are developed or selected with extensive participation of administrators and teachers from Head Start programs;
(C)
are developmentally appropriate for the children being served;
(D)
include instruction in ways that Head Start teachers and staff may work more effectively with parents, as appropriate;
(E)
are designed to give Head Start teachers and staff the knowledge and skills to provide instruction and appropriate support services to children of diverse backgrounds, as appropriate;
(F)
may include a 1-day or short-term workshop or conference, if the workshop or conference is consistent with the goals in the professional development plan described in section 648A(f) and will be delivered by an institution of higher education or other entity, with expertise in delivering training in early childhood development, training in family support, and other assistance designed to improve the delivery of Head Start services; and
(G)
in the case of teachers, assist teachers with—
(i)
the acquisition of the content knowledge and teaching strategies needed to provide effective instruction and other school readiness services regarding early language and literacy, early mathematics, early science, cognitive skills, approaches to learning, creative arts, physical health and development, and social and emotional development linked to school readiness;
(ii)
meeting the requirements in paragraphs (1) and (2) of section 648A(a), as appropriate;
(iii)
improving classroom management skills, as appropriate;
(iv)
advancing their understanding of effective instructional strategies that are—
(I)
based on scientifically valid research; and
(II)
aligned with—
- (aa)
the Head Start Child Outcomes Framework developed by the Secretary and, as appropriate, State early learning standards; and
- (bb)
curricula, ongoing assessments, and other instruction and services, designed to help meet the standards described in section 641A(a)(1);
(v)
acquiring the knowledge and skills to provide instruction and appropriate language and support services to increase the English language skills of limited English proficient children, as appropriate; or
(vi)
methods of teaching children with disabilities, as appropriate.
(25)
The term “scientifically valid research” includes applied research, basic research, and field-initiated research in which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research.
(26)
The term “unresolved area of noncompliance” means failure to correct a noncompliance item within 120 days, or within such additional time (if any) as is authorized by the Secretary, after receiving from the Secretary notice of such noncompliance item, pursuant to section 641A(c).
[42 U.S.C. 9832]

financial assistance for head start programs
Sec. 638.
The Secretary may, upon application by an agency which is eligible for designation as a Head Start agency pursuant to section 641, provide financial assistance to such agency for a period of 5 years for the planning, conduct, administration, and evaluation of a Head Start program focused primarily upon the children from low-income families who have not reached the age of compulsory school attendance which (1) will provide such comprehensive health, education, parental involvement, nutritional, social, and other services as will enable the children to attain their full potential and attain school readiness; and (2) will provide for direct participation of the parents of such children in the development, conduct, and overall program direction at the local level.
[42 U.S.C. 9833]
SEC. 639.

AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subchapter (other than section 657B) $7,350,000,000 for fiscal year 2008, $7,650,000,000 for fiscal year 2009, $7,995,000,000 for fiscal year 2010, and such sums as may be necessary for each of fiscal years 2011 and 2012.
[42 U.S.C. 9834]

allotment of funds; limitations on assistance
Sec. 640.
(a)
(1)
Using the sums appropriated pursuant to section 639 for a fiscal year, the Secretary shall allocate such sums in accordance with paragraphs (2) through (5).
(2)
(A)
The Secretary shall determine an amount for each fiscal year for each State that is equal to the amount received through base grants for the prior fiscal year by the Head Start agencies (including Early Head Start agencies) in the State that are not described in clause (ii) or (iii) of subparagraph (B).
(B)
The Secretary shall reserve for each fiscal year such sums as are necessary—
(i)
to provide each amount determined for a State under subparagraph (A) to the Head Start agencies (including Early Head Start agencies) in the State that are not described in clause (ii) or (iii), by allotting to each agency described in this clause an amount equal to that agency's base grant for the prior fiscal year;
(ii)
to provide an amount for the Indian Head Start programs that is equal to the amount provided for base grants for such programs under this subchapter for the prior fiscal year, by allotting to each Head Start agency (including each Early Head Start agency) administering an Indian Head Start program an amount equal to that agency's base grant for the prior fiscal year;
(iii)
to provide an amount for the migrant and seasonal Head Start programs, on a nationwide basis, that is equal to the amount provided nationwide for base grants for such programs under this subchapter for the prior fiscal year, by allotting to each Head Start agency administering a migrant or seasonal Head Start program an amount equal to that agency's base grant for the prior fiscal year;
(iv)
to provide an amount for each of Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, and the Virgin Islands of the United States (for Head Start agencies (including Early Head Start agencies) in the jurisdiction) that is equal to the amount provided for base grants for such jurisdiction under this subchapter for the prior fiscal year, by allotting to each agency described in this clause an amount equal to that agency's base grant for the prior fiscal year;
(v)4
if a base grant has been established through appropriations for the Federated States of Micronesia or the Republic of the Marshall Islands, to provide an amount for that jurisdiction (for Head Start agencies (including Early Head Start agencies) in the jurisdiction) that is equal to the amount provided for base grants for such jurisdiction under this subchapter for the prior fiscal year, by allotting to each agency described in this clause an amount equal to that agency’s base grant for the prior fiscal year; and
^4
Margin so in law. See the amendment made by section 209(b)(6)(B)(ii) of division G of Public Law 118-42.
(vi)
to provide an amount for a collaboration grant under section 642B(a) for each State, for the Indian Head Start programs, and for the migrant and seasonal Head Start programs, in the same amount as the corresponding collaboration grant provided under this subchapter for fiscal year 2007.
(C)
(i)
The Secretary shall reserve for each fiscal year an amount that is not less than 2.5 percent and not more than 3 percent of the sums appropriated pursuant to section 639 for that fiscal year, to fund training and technical assistance activities, from which reserved amount—
(I)
the Secretary shall set aside a portion, but not less than 20 percent, to be used to fund training and technical assistance activities for Early Head Start programs, in accordance with section 645A(g)(2); and
(II)
the Secretary shall set aside a portion, equal to the rest of the reserved amount, to fund training and technical assistance activities for other Head Start programs, in accordance with section 648, of which portion—
- (aa)
not less than 50 percent shall be made available to Head Start agencies to use directly, which may include at their discretion the establishment of local or regional agreements with community experts, institutions of higher education, or private consultants, to make program improvements identified by such agencies, by carrying out the training and technical assistance activities described in section 648(d);
- (bb)
not less than 25 percent shall be available to the Secretary to support a State-based training and technical assistance system, or a national system, described in section 648(e) for supporting program quality; and
- (cc)
the remainder of the portion set aside under this subclause shall be available to the Secretary to assist Head Start agencies in meeting and exceeding the standards described in section 641A(a)(1) by carrying out activities described in subsections (a), (b), (c), (f), and (g) of section 648, including helping Head Start programs address weaknesses identified by monitoring activities conducted by the Secretary under section 641A(c), except that not less than $3,000,000 of the remainder shall be made available to carry out activities described in section 648(a)(3)(B)(ii).
(ii)
In determining the portion set aside under clause (i)(I) and the amount reserved under this subparagraph, the Secretary shall consider the number of Early Head Start programs newly funded for that fiscal year.
(D)
The Secretary shall reserve not more than $20,000,000 to fund research, demonstration, and evaluation activities under section 649, of which not more than $7,000,000 for each of fiscal years 2008 through 2012 shall be available to carry out impact studies under section 649(g).
(E)
The Secretary shall reserve not more than $42,000,000 for discretionary payments by the Secretary, including payments for all costs (other than compensation of Federal employees) for activities carried out under subsection (c) or (e) of section 641A.
(F)
If the sums appropriated under section 639 are not sufficient to provide the amounts required to be reserved under subparagraphs (B) through (E), the amounts shall be reduced proportionately.
(G)
Nothing in this section shall be construed to deny the Secretary the authority, consistent with sections 641, 641A, and 646 to terminate, suspend, or reduce funding to a Head Start agency.
(3)
(A)
From any amount remaining for a fiscal year after the Secretary carries out paragraph (2) (referred to in this paragraph as the “remaining amount”), the Secretary shall—
(i)
subject to clause (ii)—
(I)
provide a cost of living increase for each Head Start agency (including each Early Head Start agency) funded under this subchapter for that fiscal year, to maintain the level of services provided during the prior year; and
(II)
subject to subparagraph (B), provide $10,000,000 for Indian Head Start programs (including Early Head Start programs), and $10,000,000 for migrant and seasonal Head Start programs, to increase enrollment in the programs involved;
(ii)
subject to clause (iii), if the remaining amount is not sufficient to carry out clause (i)—
(I)
for each of fiscal years 2008, 2009, and 2010—
- (aa)
subject to subparagraph (B), provide 5 percent of that amount for Indian Head Start programs (including Early Head Start programs), and 5 percent of that amount for migrant and seasonal Head Start programs, to increase enrollment in the programs involved; and
- (bb)
use 90 percent of that amount to provide, for each Head Start agency (including each Early Head Start agency) funded as described in clause (i)(I), the same percentage (but not less than 50 percent) of the cost of living increase described in clause (i); and
(II)
for fiscal year 2011 and each subsequent fiscal year—
- (aa)
provide, for each Head Start agency (including each Early Head Start agency) funded as described in clause (i)(I), the cost of living increase described in clause (i); and
- (bb)
subject to subparagraph (B), with any portion of the remaining amount that is not used under item (aa), provide equal amounts for Indian Head Start programs (including Early Head Start programs), and for migrant and seasonal Head Start programs, to increase enrollment in the programs involved; and
(iii)
if the remaining amount is not sufficient to carry out clause (ii) for the fiscal year involved, use that amount to provide, for each Head Start agency (including each Early Head Start agency) funded as described in clause (i)(I), the same percentage of the cost of living increase described in clause (i).
(B)
(i)
Notwithstanding any other provision of this paragraph, the Indian Head Start programs shall not receive more than a total cumulative amount of $50,000,000 for all fiscal years, and the migrant and seasonal Head Start programs shall not receive more than a total cumulative amount of $50,000,000 for all fiscal years, under clause (i)(II), and subclauses (I)(aa) and (II)(bb) of clause (ii), of subparagraph (A) (referred to in this subsection as the “special expansion provisions”), to increase enrollment in the programs involved.
(ii)
(I)
Funds that are appropriated under section 639 for a fiscal year, and made available to Indian Head Start programs or migrant or seasonal Head Start programs under the special expansion provisions, shall remain available until the end of the following fiscal year.
(II)
For purposes of subclause (I)—
- (aa)
if no portion is reallocated under clause (iii), those funds shall remain available to the programs involved; or
- (bb)
if a portion is reallocated under clause (iii), the portion shall remain available to the recipients of the portion.
(iii)
Of the funds made available as described in clause (ii), the Secretary shall reallocate the portion that the Secretary determines is unobligated 18 months after the funds are made available. The Secretary shall add that portion to the balance described in paragraph (4), and reallocate the portion in accordance with paragraph (4), for the following fiscal year referred to in clause (ii).
(4)
(A)
Except as provided in subparagraph (B), from any amount remaining for a fiscal year after the Secretary carries out paragraphs (2) and (3) (referred to in this paragraph as the “balance”), the Secretary shall—
(i)
reserve 40 percent to carry out subparagraph (C) and paragraph (5);
(ii)
reserve 45 percent to carry out subparagraph (D); and
(iii)
reserve 15 percent (which shall remain available through the end of fiscal year 2012) to provide funds for carrying out section 642B(b)(2).
(B)
(i)
Under the circumstances described in clause (ii), from the balance, the Secretary shall—
(I)
reserve 45 percent to carry out subparagraph (C) and paragraph (5); and
(II)
reserve 55 percent to carry out subparagraph (D).
(ii)
The Secretary shall make the reservations described in clause (i) for a fiscal year if—
(I)
the total cumulative amount reserved under subparagraph (A)(iii) for all preceding fiscal years equals $100,000,000; or
(II)
in the 2-year period preceding such fiscal year, funds were reserved under subparagraph (A)(iii) in an amount that totals not less than $15,000,000 and the Secretary received no approvable applications for such funds.
(iii)
The total cumulative amount reserved under subparagraph (A)(iii) for all fiscal years may not be greater than $100,000,000.
(C)
The Secretary shall fund the quality improvement activities described in paragraph (5) using the amount reserved under subparagraph (A)(i) or subparagraph (B)(i)(I), as appropriate, of which—
(i)
a portion that is less than 10 percent may be reserved by the Secretary to provide funding to Head Start agencies (including Early Head Start agencies) that demonstrate the greatest need for additional funding for such activities, as determined by the Secretary; and
(ii)
a portion that is not less than 90 percent shall be reserved by the Secretary to allot, to each Head Start agency (including each Early Head Start agency), an amount that bears the same ratio to such portion as the number of enrolled children served by the agency involved bears to the number of enrolled children served by all the Head Start agencies (including Early Head Start agencies), except that the Secretary shall account for the additional costs of serving children in Early Head Start programs and may consider whether an agency is providing a full-day program or whether an agency is providing a full-year program.
(D)
The Secretary shall fund expansion of Head Start programs (including Early Head Start programs) using the amount reserved under subparagraph (A)(ii) or subparagraph (B)(i)(II), as appropriate, of which the Secretary shall—
(i)
use 0.2 percent for Head Start programs funded under clause (iv) or (v) of paragraph (2)(B) (other than Early Head Start programs);
(ii)
for any fiscal year after the last fiscal year for which Indian Head Start programs receive funds under the special expansion provisions, use 3 percent for Head Start programs funded under paragraph (2)(B)(ii) (other than Early Head Start programs), except that the Secretary may increase that percentage if the Secretary determines that the results of the study conducted under section 649(k) indicate that the percentage should be increased;
(iii)
for any fiscal year after the last fiscal year for which migrant or seasonal Head Start programs receive funds under the special expansion provisions, use 4.5 percent for Head Start programs funded under paragraph (2)(B)(iii) (other than Early Head Start programs), except that the Secretary may increase that percentage if the Secretary determines that the results of the study conducted under section 649(l) indicate that the percentage should be increased; and
(iv)
from the remainder of the reserved amount—
(I)
use 50 percent for Head Start programs funded under paragraph (2)(B)(i) (other than Early Head Start programs), of which—
- (aa)
the covered percentage shall be allocated among the States serving less than 60 percent (as determined by the Secretary) of children who are 3 or 4 years of age from families whose income is below the poverty line, by allocating to each of those States an amount that bears the same relationship to that covered percentage as the number of children who are less than 5 years of age from families whose income is below the poverty line (referred to in this subclause as “young low-income children”) in that State bears to the number of young low-income children in all those States; and
- (bb)
the remainder shall be allocated proportionately among the States on the basis of the number of young low-income children; and
(II)
use 50 percent for Early Head Start programs.
(E)
In this paragraph, the term “covered percentage” means—
(i)
for fiscal year 2008, 30 percent;
(ii)
for fiscal year 2009, 40 percent;
(iii)
for fiscal year 2010, 50 percent;
(iv)
for fiscal year 2011, 55 percent; and
(v)
for fiscal year 2012, 55 percent.
(5)
(A)
Not less than 50 percent of the amount reserved under subparagraph (A)(i) or subparagraph (B)(i)(I), as appropriate, of paragraph (4) to carry out quality improvement activities under paragraph (4)(C) and this paragraph shall be used to improve the compensation (including benefits) of educational personnel, family service workers, and child counselors, as described in sections 644(a) and 653, in the manner determined by the Head Start agencies (including Early Head Start agencies) involved, to—
(i)
ensure that compensation is adequate to attract and retain qualified staff for the programs involved in order to enhance program quality;
(ii)
improve staff qualifications and assist with the implementation of career development programs for staff that support ongoing improvement of their skills and expertise; and
(iii)
provide education and professional development to enable teachers to be fully competent to meet the professional standards established under section 648A(a)(1), including—
(I)
providing assistance to complete postsecondary course work;
(II)
improving the qualifications and skills of educational personnel to become certified and licensed as bilingual education teachers, or as teachers of English as a second language; and
(III)
improving the qualifications and skills of educational personnel to teach and provide services to children with disabilities.
(B)
Any remaining funds from the reserved amount described in subparagraph (A) shall be used to carry out any of the following activities:
(i)
Supporting staff training, child counseling, and other services, necessary to address the challenges of children from immigrant, refugee, and asylee families, homeless children, children in foster care, limited English proficient children, children of migrant or seasonal farmworker families, children from families in crisis, children referred to Head Start programs (including Early Head Start programs) by child welfare agencies, and children who are exposed to chronic violence or substance abuse.
(ii)
Ensuring that the physical environments of Head Start programs are conducive to providing effective program services to children and families, and are accessible to children with disabilities and other individuals with disabilities.
(iii)
Employing additional qualified classroom staff to reduce the child-to-teacher ratio in the classroom and additional qualified family service workers to reduce the family-to-staff ratio for those workers.
(iv)
Ensuring that Head Start programs have qualified staff that promote the language skills and literacy growth of children and that provide children with a variety of skills that have been identified, through scientifically based reading research, as predictive of later reading achievement.
(v)
Increasing hours of program operation, including—
(I)
conversion of part-day programs to full-working-day programs; and
(II)
increasing the number of weeks of operation in a calendar year.
(vi)
Improving communitywide strategic planning and needs assessments for Head Start programs and collaboration efforts for such programs, including outreach to children described in clause (i).
(vii)
Transporting children in Head Start programs safely, except that not more than 10 percent of funds made available to carry out this paragraph may be used for such purposes.
(viii)
Improving the compensation and benefits of staff of Head Start agencies, in order to improve the quality of Head Start programs.
(6)
No sums appropriated under this subchapter may be combined with funds appropriated under any provision other than this subchapter if the purpose of combining funds is to make a single discretionary grant or a single discretionary payment, unless such sums appropriated under this subchapter are separately identified in such grant or payment and are used for the purposes of this subchapter.
(7)
In this subsection:
(A)
The term “base grant”, used with respect to a fiscal year, means the amount of permanent ongoing funding (other than funding described in sections 645A(g)(2)(A)(i) and paragraph (2)(C)(i)(II)(aa)) provided to a Head Start agency (including an Early Head Start agency) under this subchapter for that fiscal year.
(B)
The term “cost-of-living increase”, used with respect to an agency for a fiscal year, means an increase in the funding for that agency, based on the percentage change in the Consumer Price Index for All Urban Consumers (issued by the Bureau of Labor Statistics) for the prior fiscal year, calculated on the amount of the base grant for that agency for the prior fiscal year.
(C)
For the purposes of this subsection, the term “State” does not include Guam, American Samoa, the Virgin Islands of the United States, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
(b)
Financial assistance extended under this subchapter for a Head Start program shall not exceed 80 percent of the approved costs of the assisted program or activities, except that the Secretary may approve assistance in excess of such percentage if the Secretary determines that such action is required in furtherance of the purposes of this subchapter. For the purpose of making such determination, the Secretary shall take into consideration with respect to the Head Start program involved—
(1)
the lack of resources available in the community that may prevent the Head Start agency from providing all or a portion of the non-Federal contribution that may be required under this subsection;
(2)
the impact of the cost the Head Start agency may incur in initial years it carries out such program;
(3)
the impact of an unanticipated increase in the cost the Head Start agency may incur to carry out such program;
(4)
whether the Head Start agency is located in a community adversely affected by a major disaster; and
(5)
the impact on the community that would result if the Head Start agency ceased to carry out such program.
Non-Federal contributions may be in cash or in kind, fairly evaluated, including plant, equipment, or services. The Secretary shall not require non-Federal contributions in excess of 20 percent of the approved costs of programs or activities assisted under this subchapter.
(c)
No programs shall be approved for assistance under this subchapter unless the Secretary is satisfied that the services to be provided under such program will be in addition to, and not in substitution for, comparable services previously provided without Federal assistance. The requirement imposed by the preceding sentence shall be subject to such regulations as the Secretary may prescribe.
(d)
(1)
The Secretary shall establish policies and procedures to assure that, for fiscal year 2009 and thereafter, not less than 10 percent of the total number of children actually enrolled by each Head Start agency and each delegate agency will be children with disabilities who are determined to be eligible for special education and related services, or early intervention services, as appropriate, as determined under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), by the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.).
(2)
Such policies and procedures shall ensure the provision of early intervening services, such as educational and behavioral services and supports, to meet the needs of children with disabilities, prior to an eligibility determination under the Individuals with Disabilities Education Act.
(3)
Such policies and procedures shall require Head Start agencies to provide timely referral to and collaborate with the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act to ensure the provision of special education and related services and early intervention services, and the coordination of programmatic efforts, to meet the special needs of such children.
(4)
The Secretary shall establish policies and procedures to provide Head Start agencies with waivers of the requirements of paragraph (1) for not more than 3 years. Such policies and procedures shall require Head Start agencies, in order to receive such waivers, to provide evidence demonstrating that the Head Start agencies are making reasonable efforts on an annual basis to comply with the requirements of that paragraph.
(5)
Nothing in this subsection shall be construed to limit or create a right to a free appropriate public education under the Individuals with Disabilities Education Act.
(e)
The Secretary shall adopt approximate administrative measures to assure that the benefits of this subchapter will be distributed equitably between residents of rural and urban areas.
(f)
(1)
Not later than 1 year after the date of enactment of the Improving Head Start for School Readiness Act of 2007, the Secretary shall establish procedures to enable Head Start agencies to develop locally designed or specialized service delivery models to address local community needs, including models that leverage the capacity and capabilities of the delivery system of early childhood education and development services or programs.
(2)
In establishing the procedures the Secretary shall establish procedures to provide for—
(A)
the conversion of part-day programs to full-working-day programs or part-day slots to full-working-day slots; and
(B)
serving additional infants and toddlers pursuant to section 645(a)(5).
(g)
(1)
For the purpose of expanding Head Start programs the Secretary shall take into consideration—
(A)
the quality of the applicant's programs (including Head Start and other child care or child development programs) in existence on the date of the allocation, including, in the case of Head Start programs in existence on the date of the allocation, the extent to which such programs meet or exceed standards described in section 641A(a)(1) and other requirements under this subchapter, and the performance history of the applicant in providing services under other Federal programs (other than the program carried out under this subchapter);
(B)
the applicant's capacity to expand services (including, in the case of Head Start programs in existence on the date of the allocation, whether the applicant accomplished any prior expansions in an effective and timely manner);
(C)
the extent to which the applicant has undertaken a communitywide strategic planning and needs assessment involving other entities, including community organizations, and Federal, State, and local public agencies (including the local educational agency liaison designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii))), that provide services to children and families, such as—
(i)
family support services;
(ii)
child abuse prevention services;
(iii)
protective services;
(iv)
foster care;
(v)
services for families in whose homes English is not the language customarily spoken;
(vi)
services for children with disabilities; and
(vii)
services for homeless children;
(D)
the extent to which the family needs assessment and communitywide strategic planning and needs assessment of the applicant reflect a need to provide full-working-day or full calendar year services and the extent to which, and manner in which, the applicant demonstrates the ability to collaborate and participate with the State and local community providers of child care or preschool services to provide full-working-day full calendar year services;
(E)5
the number of eligible children, as described in clause (i) or (ii) of section 645(a)(1)(B), in each community who are not participating in a Head Start program or any other publicly funded early childhood education and development program;
^5
Margin for subparagraph (E) of paragraph (2) so in law.
(F)
the concentration of low-income families in each community;
(G)
the extent to which the applicant proposes to foster partnerships with other service providers in a manner that will leverage the existing delivery systems of such services and enhance the resource capacity of the applicant; and
(H)
the extent to which the applicant, in providing services, successfully coordinated activities with the local educational agency serving the community involved (including the local educational agency liaison designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii))), and with schools in which children participating in such applicant's program will enroll following such program, with respect to such services and the education services provided by such local educational agency.
(2)
Notwithstanding paragraph (1), in using funds made available for expansion under subsection (a)(4)(D), the Secretary shall first allocate the funds to qualified applicants proposing to use such funds to serve children from families with incomes below the poverty line. Agencies that receive such funds are subject to the eligibility and enrollment requirements under section 645(a)(1).
(3)
(A)
In the event that the amount appropriated to carry out the program under this subchapter for a fiscal year does not exceed the amount appropriated for the prior fiscal year, or is not sufficient to maintain services comparable to the services provided under this subchapter during the prior fiscal year, a Head Start agency may negotiate with the Secretary a reduced funded enrollment level without a reduction in the amount of the grant received by the agency under this subchapter, if such agency can reasonably demonstrate that such reduced funded enrollment level is necessary to maintain the quality of services.
(B)
In accordance with this paragraph, the Secretary shall set up a process for Head Start agencies to negotiate the reduced funded enrollment levels referred to in subparagraph (A) for the fiscal year involved.
(C)
In the event described in subparagraph (A), the Secretary shall be required to notify Head Start agencies of their ability to negotiate the reduced funded enrollment levels if such an agency can reasonably demonstrate that such reduced funded enrollment level is necessary to maintain the quality of services.
(h)
Financial assistance provided under this subchapter may be used by each Head Start program to provide full-working-day Head Start services to any eligible child throughout the full calendar year.
(i)
The Secretary shall issue regulations establishing requirements for the safety features, and the safe operation, of vehicles used by Head Start agencies to transport children participating in Head Start programs. The regulations shall also establish requirements to ensure the appropriate supervision of, and appropriate background checks for, individuals with whom the agencies contract to transport those children.
(j)
Any agency that receives financial assistance under this subchapter to improve the compensation of staff who provide services under this Act shall use the financial assistance to improve the compensation of such staff, regardless of whether the agency has the ability to improve the compensation of staff employed by the agency who do not provide Head Start services.
(k)
(1)
The Secretary shall allow center-based Head Start programs the flexibility to satisfy the total number of hours of service required by the regulations in effect on the date of enactment of the Human Services Amendments of 1994, to be provided to children in Head Start programs so long as such agencies do not—
(A)
provide less than 3 hours of service per day;
(B)
reduce the number of days of service per week; or
(C)
reduce the number of days of service per year.
(2)
The provisions of this subsection shall not be construed to restrict the authority of the Secretary to fund alternative program variations authorized under section 1306.35 of title 45 of the Code of Federal Regulations in effect on the date of enactment of the Human Services Amendments of 1994.
(l)
(1)
With funds made available under this subchapter to expand migrant and seasonal Head Start programs, the Secretary shall give priority to migrant and seasonal Head Start programs that serve eligible children of migrant or seasonal farmworker families whose work requires them to relocate most frequently.
(2)
In determining the need and demand for migrant and seasonal Head Start programs (and services provided through such programs), the Secretary shall consult with appropriate entities, including providers of services for migrant and seasonal Head Start programs. The Secretary shall, after taking into consideration the need and demand for migrant and seasonal Head Start programs (and such services), ensure that there is an adequate level of such services for eligible children of migrant farmworker families before approving an increase in the allocation of funds provided under this subchapter for unserved eligible children of seasonal farmworker families. In serving the eligible children of seasonal farmworker families, the Secretary shall ensure that services provided by migrant and seasonal Head Start programs do not duplicate or overlap with other Head Start services available to eligible children of such farmworker families.
(3)
In carrying out this subchapter, the Secretary shall continue the administrative arrangement at the national level for meeting the needs of Indian children and children of migrant and seasonal farmworker families and shall ensure—
(A)
the provision of training and technical assistance by staff with knowledge of and experience in working with such populations; and
(B)
the appointment of a national Indian Head Start collaboration director and a national migrant and seasonal Head Start collaboration director.
(4)
(A)
For the purposes of paragraph (3), the Secretary shall conduct an annual consultation in each affected Head Start region, with tribal governments operating Head Start (including Early Head Start) programs.
(B)
The consultations shall be for the purpose of better meeting the needs of Indian, including Alaska Native, children and their families, in accordance with this subchapter, taking into consideration funding allocations, distribution formulas, and other issues affecting the delivery of Head Start services in their geographic locations.
(C)
The Secretary shall publish a notification of the consultations in the Federal Register before conducting the consultations.
(D)
The Secretary shall ensure that a detailed report of each consultation shall be prepared and made available, within 90 days after the consultation, to all tribal governments receiving funds under this subchapter.
(m)
The Secretary shall issue rules to establish policies and procedures to remove barriers to the enrollment and participation of homeless children in Head Start programs. Such rules shall require Head Start agencies—
(1)
to implement policies and procedures to ensure that homeless children are identified and prioritized for enrollment;
(2)
to allow families of homeless children to apply to, enroll in, and attend Head Start programs while required documents, such as proof of residency, immunization and other medical records, birth certificates, and other documents, are obtained within a reasonable time frame; and
(3)
to coordinate individual Head Start programs with efforts to implement subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.).
(n)
Nothing in this subchapter shall be construed to require a State to establish a publicly funded program of early childhood education and development, or to require any child to participate in such a publicly funded program, including a State-funded preschool program, or to participate in any initial screening before participating in a publicly funded program of early childhood education and development, except as provided under sections 612(a)(3) and 635(a)(5) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(3), 1435(a)(5)).
(o)
All curricula funded under this subchapter shall be based on scientifically valid research, and be age and developmentally appropriate. The curricula shall reflect all areas of child development and learning and be aligned with the Head Start Child Outcomes Framework. Parents shall have the opportunity to examine any such curricula or instructional materials funded under this subchapter.
[42 U.S.C. 9835]
[Section 640A was repealed by section 106 of the Human Services Amendments of 1994, 108 Stat. 629.]
SEC. 641.

DESIGNATION OF HEAD START AGENCIES.
(a)

Authority To Designate.—
(1)

In general.—
The Secretary is authorized to designate as a Head Start agency any local public or private nonprofit agency, including community-based and faith-based organizations, or for-profit agency, within a community, pursuant to the requirements of this section.
(2)

Interim policy.—
Notwithstanding paragraph (1), until such time as the Secretary develops and implements the system for designation renewal under this section, the Secretary is authorized to designate as a Head Start agency, any local public or private nonprofit agency, including community-based and faith-based organizations, or for-profit agency, within a community, in the manner and process utilized by the Secretary prior to the enactment of the Improving Head Start for School Readiness Act of 2007.
(b)

Application for Designation Renewal.—
To be considered for designation renewal, an entity shall submit an application to the Secretary, at such time and in such manner as the Secretary may require.
(c)

System for Designation Renewal.—
(1)

In general.—
The Secretary shall develop a system for designation renewal that integrates the recommendations of the expert panel convened under paragraph (2) to determine if a Head Start agency is delivering a high-quality and comprehensive Head Start program that meets the educational, health, nutritional, and social needs of the children and families it serves, and meets program and financial management requirements and standards described in section 641A(a)(1), based on—
(A)
annual budget and fiscal management data;
(B)
program reviews conducted under section 641A(c);
(C)
annual audits required under section 647;
(D)
classroom quality as measured under section 641A(c)(2)(F); and
(E)
Program Information Reports.
(2)

Expert panel.—
Not later than 3 months after the date of enactment of the Improving Head Start for School Readiness Act of 2007, the Secretary shall convene an expert panel of 7 members to make recommendations to the Secretary on the development of a transparent, reliable, and valid system for designation renewal.
(3)

Composition of expert panel.—
The Secretary, in convening such panel, shall appoint the following:
(A)
(i)
One member, who has demonstrated competency, as evidenced by training, expertise, and experience, in early childhood program accreditation.
(ii)
One member, who has demonstrated competency (as so evidenced) in research on early childhood development.
(iii)
One member, who has demonstrated competency (as so evidenced) in governance and finance of nonprofit organizations.
(iv)
One member, who has demonstrated competency (as so evidenced) in delivery of services to populations of children with special needs and their families.
(v)
One member, who has demonstrated competency (as so evidenced) in assessment and evaluation of programs serving young children.
(B)
An employee from the Office of Head Start.
(C)
An executive director of a Head Start agency.
(4)

Expert panel report.—
Within 9 months after being convened by the Secretary, the expert panel shall issue a report to the Secretary that provides recommendations on a proposed system for designation renewal that takes into account the criteria in subparagraphs (A) through (E) of paragraph (1) to evaluate whether a Head Start agency is fulfilling its mission to deliver a high-quality and comprehensive Head Start program, including adequately meeting its governance, legal, and financial management requirements.
(5)

Public comment and consideration.—
Not later than 3 months after receiving the report described in paragraph (4), the Secretary shall publish a notice describing a proposed system for designation renewal in the Federal Register, including a proposal for the transition to such system, providing at least 90 days for public comment. The Secretary shall review and consider public comments prior to finalizing the system for designation renewal described in this subsection.
(6)

Designation renewal system.—
Not later than 12 months after publishing a notice describing the proposed system under paragraph (5), the Secretary shall implement the system for designation renewal and use that system to determine—
(A)
whether a Head Start grantee is successfully delivering a high-quality and comprehensive Head Start program; and
(B)
whether the grantee has any unresolved deficiencies found during the last triennial review under section 641A(c).
(7)

Implementation of the designation renewal system.—
(A)

In general.—
A grantee who is determined under such system—
(i)
to be delivering a high-quality and comprehensive Head Start program shall be designated (consistent with section 643) as a Head Start agency for the period of 5 years described in section 638;
(ii)
to not be delivering a high-quality and comprehensive Head Start program shall be subject to an open competition as described in subsection (d); and
(iii)
in the case of an Indian Head Start agency, to not be delivering a high-quality and comprehensive Head Start program shall (notwithstanding clause (ii)) be subject to the requirements of subparagraph (B).
(B)

Tribal government consultation and reevaluation.—
On making a determination described in subparagraph (A)(iii), the Secretary shall engage in government-to-government consultation with the appropriate tribal government or governments for the purpose of establishing a plan to improve the quality of Head Start programs operated by the Indian Head Start agency. Such plan shall be established and implemented within 6 months after the Secretary's determination. Not more than 6 months after the implementation of that plan, the Secretary shall reevaluate the performance of the Indian Head Start agency. If the Indian Head Start agency is still not delivering a high-quality and comprehensive Head Start program, the Secretary shall conduct an open competition as described in subsection (d), subject to the limitations described in subsection (e).
(8)

Transparency, reliability, and validity.—
The Secretary shall ensure the system for designation renewal is fair, consistent, and transparent and is applied in a manner that renews designations, in a timely manner, grantees as Head Start agencies for periods of 5 years if such grantees are delivering high-quality and comprehensive Head Start programs. The Secretary shall periodically evaluate whether the criteria of the system are being applied in a manner that is transparent, reliable, and valid.
(9)

Transition.—
(A)

In general.—
Each Head Start agency shall be reviewed under the system for designation renewal described in paragraph (6), not later than 3 years after the implementation of such system.
(B)

Limitation.—
A Head Start agency shall not be subject to the requirements of the system for designation renewal prior to 18 months after the date of enactment of the Improving Head Start for School Readiness Act of 2007.
(C)

Schedule.—
The Secretary shall establish and implement a schedule for reviewing each Head Start agency under the system for designation renewal described in paragraph (6), consistent with subparagraphs (A) and (B).
(10)

Reports to congress.—
The Secretary shall—
(A)
make available to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate the report described in paragraph (4);
(B)
concurrently with publishing a notice in the Federal Register as described in paragraph (5), provide a report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate that provides a detailed description of the proposed system described in paragraph (5), including a clear rationale for any differences between the proposed system and the recommendations of the expert panel, if any such differences exist; and
(C)
prior to implementing the system for designation renewal, provide a report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate—
(i)
summarizing the public comment on the proposed system and the Secretary's response to such comment; and
(ii)
describing the final system for designation renewal and the plans for implementation of such system.
(d)

Designation When No Entity Is Renewed.—
(1)

In general.—
If no entity in a community is determined to be successfully delivering a high-quality and comprehensive Head Start program, as specified in subsection (c), the Secretary shall, after conducting an open competition, designate for a 5-year period a Head Start agency from among qualified applicants in such community.
(2)

Considerations for designation.—
In selecting from among qualified applicants for designation as a Head Start agency, the Secretary shall consider the effectiveness of each such applicant to provide Head Start services, based on—
(A)
any past performance of such applicant in providing services comparable to Head Start services, including how effectively such applicant provided such comparable services;
(B)
the plan of such applicant to provide comprehensive health, educational, nutritional, social, and other services needed to aid participating children in attaining their full potential, and to prepare children to succeed in school;
(C)
the plan of such applicant to attract and retain qualified staff capable of delivering, including implementing, a high-quality and comprehensive program, including the ability to carry out a research based curriculum aligned with the Head Start Child Outcomes Framework and, as appropriate, State early learning standards;
(D)
the ability of such applicant to maintain child-to-teacher ratios and family service worker caseloads that reflect best practices and are tied to high-quality service delivery;
(E)
the capacity of such applicant to serve eligible children with—
(i)
curricula that are based on scientifically valid research, that are developmentally appropriate, and that promote the school readiness of children participating in the program involved; and
(ii)
teaching practices that are based, as appropriate, on scientifically valid research, that are developmentally appropriate, and that promote the school readiness of children participating in the program involved;
(F)
the plan of such applicant to meet standards described in section 641A(a)(1), with particular attention to the standards described in subparagraphs (A) and (B) of such section;
(G)
the proposed budget of the applicant and plan of such applicant to maintain strong fiscal controls and cost-effective fiscal management;
(H)
the plan of such applicant to coordinate and collaborate with other public or private entities providing early childhood education and development programs and services for young children in the community involved, including—
(i)
preschool programs under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.);
(ii)
programs under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.);
(iii)
State prekindergarten programs;
(iv)
child care programs;
(v)
the educational programs that the children in the Head Start program involved will enter at the age of compulsory school attendance; and
(vi)
local entities, such as a public or school library, for—
(I)
conducting reading readiness programs;
(II)
developing innovative programs to excite children about the world of books, including providing fresh books in the Head Start classroom;
(III)
assisting in literacy training for Head Start teachers; or
(IV)
supporting parents and other caregivers in literacy efforts;
(I)
the plan of such applicant to coordinate the Head Start program that the applicant proposes to carry out, with public and private entities that are willing to commit resources to assist the Head Start program in meeting its program needs;
(J)
the plan of such applicant—
(i)
to facilitate the involvement of parents (including grandparents and kinship caregivers, as appropriate) of children participating in the proposed Head Start program, in activities (at home and, if practicable, at the location of the Head Start program) designed to help such parents become full partners in the education of their children;
(ii)
to afford such parents the opportunity to participate in the development and overall conduct of the program at the local level, including transportation assistance, as appropriate;
(iii)
to offer (directly or through referral to local entities, public and school libraries, and entities carrying out family support programs) to such parents—
(I)
family literacy services; and
(II)
parenting skills training;
(iv)
to offer to parents of participating children substance abuse counseling (either directly or through referral to local entities), if needed, including information on the effect of drug exposure on infants and fetal alcohol syndrome;
(v)
at the option of such applicant, to offer (directly or through referral to local entities) to such parents—
(I)
training in basic child development (including cognitive, social, and emotional development);
(II)
assistance in developing literacy and communication skills;
(III)
opportunities to share experiences with other parents (including parent-mentor relationships);
(IV)
regular in-home visitation;
(V)
health services, including information on maternal depression; or
(VI)
any other activity designed to help such parents become full partners in the education of their children;
(vi)
to provide, with respect to each participating family, a family needs assessment that includes consultation with such parents (including foster parents, grandparents, and kinship caregivers, where applicable), in a manner and language that such parents can understand, to the extent practicable, about the benefits of parent involvement and about the activities described in this subparagraph in which such parents may choose to become involved (taking into consideration their specific family needs, work schedules, and other responsibilities); and
(vii)
to extend outreach to fathers (including father figures), in appropriate cases, in order to strengthen the role of those fathers in families, in the education of young children, and in the Head Start program, by working directly with the fathers through activities such as—
(I)
in appropriate cases, including the fathers in home visits and providing opportunities for direct father-child interactions; and
(II)
targeting increased male participation in the conduct of the program;
(K)
the plan of such applicant to meet the needs of limited English proficient children and their families, including procedures to identify such children, plans to provide trained personnel, and plans to provide services to assist the children in making progress toward the acquisition of the English language, while making meaningful progress in attaining the knowledge, skills, abilities, and development described in section 641A(a)(1)(B);
(L)
the plan of such applicant to meet the diverse needs of the population served;
(M)
the plan of such applicant who chooses to assist younger siblings of children who will participate in the Head Start program to obtain health services from other sources;
(N)
the plan of such applicant to meet the needs of children with disabilities, including procedures to identify such children, procedures for referral of such children for evaluation to State or local agencies providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), and plans for collaboration with those State or local agencies;
(O)
the plan of such applicant to meet the needs of homeless children, including transportation needs, and the needs of children in foster care; and
(P)
other factors related to the requirements of this subchapter.
(3)

Priority.—
In selecting from among qualified applicants for designation as a Head Start agency, the Secretary shall give priority to applicants that have demonstrated capacity in providing effective, comprehensive, and well-coordinated early childhood education and development services and programs to children and their families.
(e)

Prohibition Against Non-Indian Head Start Agency Receiving a Grant for an Indian Head Start Program.—
(1)

In general.—
Notwithstanding any other provision of law, except as provided in paragraph (2), under no condition may a non-Indian Head Start agency receive a grant to carry out an Indian Head Start program.
(2)

Exception.—
In a community in which there is no Indian Head Start agency available for designation to carry out an Indian Head Start program, a non-Indian Head Start agency may receive a grant to carry out an Indian Head Start program but only until such time as an Indian Head Start agency in such community becomes available and is designated pursuant to this section.
(f)

Interim Provider.—
If no agency in a community is designated under subsection (d), and there is no qualified applicant in the community, the Secretary shall designate a qualified agency to carry out the Head Start program in the community on an interim basis until a qualified applicant from the community is designated under subsection (d).
(g)

Parent and Community Participation.—
The Secretary shall require that the practice of significantly involving parents and community residents in the area affected by the program involved, in the selection of Head Start agencies, be continued.
(h)

Community.—
For purposes of this subchapter, a community may be a city, county, or multicity or multicounty unit within a State, an Indian reservation (including Indians in any off-reservation area designated by an appropriate tribal government in consultation with the Secretary), or a neighborhood or other area (irrespective of boundaries or political subdivisions) that provides a suitable organizational base and possesses the commonality of interest needed to operate a Head Start program.
[42 U.S.C. 9836]
SEC. 641A.

STANDARDS; MONITORING OF HEAD START AGENCIES AND PROGRAMS.
(a)

Standards.—
(1)

Content of standards.—
The Secretary shall modify, as necessary, program performance standards by regulation applicable to Head Start agencies and programs under this subchapter, including—
(A)
performance standards with respect to services required to be provided, including health, parental involvement, nutritional, and social services, transition activities described in section 642A, and other services;
(B)
scientifically based and developmentally appropriate education performance standards related to school readiness that are based on the Head Start Child Outcomes Framework to ensure that the children participating in the program, at a minimum, develop and demonstrate—
(i)
language knowledge and skills, including oral language and listening comprehension;
(ii)
literacy knowledge and skills, including phonological awareness, print awareness and skills, and alphabetic knowledge;
(iii)
mathematics knowledge and skills;
(iv)
science knowledge and skills;
(v)
cognitive abilities related to academic achievement and child development;
(vi)
approaches to learning related to child development and early learning;
(vii)
social and emotional development related to early learning, school success, and social problemsolving;
(viii)
abilities in creative arts;
(ix)
physical development; and
(x)
in the case of limited English proficient children, progress toward acquisition of the English language while making meaningful progress in attaining the knowledge, skills, abilities, and development described in clauses (i) through (ix), including progress made through the use of culturally and linguistically appropriate instructional services;
(C)
administrative and financial management standards;
(D)
standards relating to the condition and location of facilities (including indoor air quality assessment standards, where appropriate) for such agencies, and programs, including regulations that require that the facilities used by Head Start agencies (including Early Head Start agencies and any delegate agencies) for regularly scheduled center-based and combination program option classroom activities—
(i)
shall meet or exceed State and local requirements concerning licensing for such facilities; and
(ii)
shall be accessible by State and local authorities for purposes of monitoring and ensuring compliance, unless State or local laws prohibit such access; and
(E)
such other standards as the Secretary finds to be appropriate.
(2)

Considerations regarding standards.—
In developing any modifications to standards required under paragraph (1), the Secretary shall—
(A)
consult with experts in the fields of child development, early childhood education, child health care, family services (including linguistically and culturally appropriate services to non-English speaking children and their families), administration, and financial management, and with persons with experience in the operation of Head Start programs;
(B)
take into consideration—
(i)
past experience with use of the standards in effect under this subchapter on the date of enactment of the Improving Head Start for School Readiness Act of 2007;
(ii)
changes over the period since October 27, 1998, in the circumstances and problems typically facing children and families served by Head Start agencies;
(iii)
recommendations from the study on Developmental Outcomes and Assessments for Young Children by the National Academy of Sciences, consistent with section 649(j);
(iv)
developments concerning research-based practices with respect to early childhood education and development, children with disabilities, homeless children, children in foster care, and family services, and best practices with respect to program administration and financial management;
(v)
projected needs of an expanding Head Start program;
(vi)
guidelines and standards that promote child health services and physical development, including participation in outdoor activity that supports children's motor development and overall health and nutrition;
(vii)
changes in the characteristics of the population of children who are eligible to participate in Head Start programs, including country of origin, language background, and family structure of such children, and changes in the population and number of such children who are in foster care or are homeless children;
(viii)
mechanisms to ensure that children participating in Head Start programs make a successful transition to the schools that the children will be attending;
(ix)
the need for Head Start agencies to maintain regular communications with parents, including conducting periodic meetings to discuss the progress of individual children in Head Start programs; and
(x)
the unique challenges faced by individual programs, including those programs that are seasonal or short term and those programs that serve rural populations;
(C)
(i)
review and revise as necessary the standards in effect under this subsection; and
(ii)
ensure that any such revisions in the standards will not result in the elimination of or any reduction in quality, scope, or types of health, educational, parental involvement, nutritional, social, or other services required to be provided under such standards as in effect on the date of enactment of the Improving Head Start for School Readiness Act of 2007; and
(D)
consult with Indian tribes, including Alaska Natives, experts in Indian, including Alaska Native, early childhood education and development, linguists, and the National Indian Head Start Directors Association on the review and promulgation of standards under paragraph (1) (including standards for language acquisition and school readiness).
(3)

Standards relating to obligations to delegate agencies.—
In developing any modifications to standards under paragraph (1), the Secretary shall describe the obligations of a Head Start agency to a delegate agency to which the Head Start agency has delegated responsibility for providing services under this subchapter.
(b)

Measures.—
(1)

In general.—
The Secretary, in consultation with representatives of Head Start agencies and with experts in the fields of early childhood education and development, family services, and program management, shall use the study on Developmental Outcomes and Assessments for Young Children by the National Academy of Sciences and other relevant research to inform, revise, and provide guidance to Head Start agencies for utilizing, scientifically based measures that support, as appropriate—
(A)
classroom instructional practices;
(B)
identification of children with special needs;
(C)
program evaluation; and
(D)
administrative and financial management practices.
(2)

Characteristics of measures.—
The measures under this subsection shall—
(A)
be developmentally, linguistically, and culturally appropriate for the population served;
(B)
be reviewed periodically, based on advances in the science of early childhood development;
(C)
be consistent with relevant, nationally recognized professional and technical standards related to the assessment of young children;
(D)
be valid and reliable in the language in which they are administered;
(E)
be administered by staff with appropriate training for such administration;
(F)
provide for appropriate accommodations for children with disabilities and children who are limited English proficient;
(G)
be high-quality research-based measures that have been demonstrated to assist with the purposes for which they were devised; and
(H)
be adaptable, as appropriate, for use in the self-assessment of Head Start agencies, including in the evaluation of administrative and financial management practices.
(3)

Use of measures; limitations on use.—
(A)

Use.—
The measures shall be designed, as appropriate, for the purpose of—
(i)
helping to develop the skills, knowledge, abilities, and development described in subsection (a)(1)(B) of children participating in Head Start programs, with an emphasis on measuring skills that scientifically valid research has demonstrated are related to children's school readiness and later success in school;
(ii)
improving classroom practices, including reviewing children's strengths and weaknesses and individualizing instruction to better meet the needs of the children involved;
(iii)
identifying the special needs of children; and
(iv)
improving overall program performance in order to help programs identify problem areas that may require additional training and technical assistance resources.
(B)

Limitations.—
Such measures shall not be used to exclude children from Head Start programs.
(4)

Confidentiality.—
(A)

In general.—
The Secretary, through regulation, shall ensure the confidentiality of any personally identifiable data, information, and records collected or maintained under this subchapter by the Secretary and any Head Start agency. Such regulations shall provide the policies, protections, and rights equivalent to those provided to a parent, student, or educational agency or institution under section 444 of the General Education Provisions Act (20 U.S.C. 1232g).
(B)

Prohibition on nationwide database.—
Nothing in this subsection shall be construed to authorize the development of a nationwide database of personally identifiable data, information, or records on children resulting from the use of measures under this subsection.
(5)

Special rule.—
(A)

Prohibition.—
The use of assessment items and data on any assessment authorized under this subchapter by any agent of the Federal Government is prohibited for the purposes of—
(i)
ranking, comparing, or otherwise evaluating individual children for purposes other than research, training, or technical assistance; and
(ii)
providing rewards or sanctions for individual children or teachers.
(B)

Results.—
The Secretary shall not use the results of a single assessment as the sole method for assessing program effectiveness or making agency funding determinations at the national, regional, or local level under this subchapter.
(c)

Monitoring of Local Agencies and Programs.—
(1)

In general.—
To determine whether Head Start agencies meet standards described in subsection (a)(1) established under this subchapter with respect to program, administrative, financial management, and other requirements, and in order to help the programs identify areas for improvement and areas of strength as part of their ongoing self-assessment process, the Secretary shall conduct the following reviews of Head Start agencies, including the Head Start programs operated by such agencies:
(A)
A full review, including the use of a risk-based assessment approach, of each such agency at least once during each 3-year period.
(B)
A review of each newly designated Head Start agency immediately after the completion of the first year such agency carries out a Head Start program.
(C)
Followup reviews, including—
(i)
return visits to Head Start agencies with 1 or more findings of deficiencies, not later than 6 months after the Secretary provides notification of such findings, or not later than 12 months after such notification if the Secretary determines that additional time is necessary for an agency to address such a deficiency prior to the review; and
(ii)
a review of Head Start agencies with significant areas of noncompliance.
(D)
Other reviews, including unannounced site inspections of Head Start centers, as appropriate.
(2)

Conduct of reviews.—
The Secretary shall ensure that reviews described in subparagraphs (A) through (C) of paragraph (1)—
(A)
are conducted by review teams that—
(i)
include individuals who are knowledgeable about Head Start programs and, to the maximum extent practicable, individuals who are knowledgeable about—
(I)
other early childhood education and development programs, personnel management, financial accountability, and systems development and monitoring; and
(II)
the diverse (including linguistic and cultural) needs of eligible children (including children with disabilities, homeless children, children in foster care, and limited English proficient children) and their families;
(ii)
include, to the maximum extent practicable, current or former employees of the Department of Health and Human Services who are knowledgeable about Head Start programs; and
(iii)
shall receive periodic training to ensure quality and consistency across reviews;
(B)
include as part of the reviews, a review and assessment of program strengths and areas in need of improvement;
(C)
include as part of the reviews, a review and assessment of whether programs have adequately addressed population and community needs (including those of limited English proficient children and children of migrant or seasonal farmworker families);
(D)
include as part of the reviews, an assessment of the extent to which the programs address the communitywide strategic planning and needs assessment described in section 640(g)(1)(C);
(E)
include information on the innovative and effective efforts of the Head Start agencies to collaborate with the entities providing early childhood and development services or programs in the community and any barriers to such collaboration that the agencies encounter;
(F)
include as part of the reviews, a valid and reliable research-based observational instrument, implemented by qualified individuals with demonstrated reliability, that assesses classroom quality, including assessing multiple dimensions of teacher-child interactions that are linked to positive child development and later achievement;
(G)
are conducted in a manner that evaluates program performance, quality, and overall operations with consistency and objectivity, are based on a transparent and reliable system of review, and are conducted in a manner that includes periodic interrater reliability checks, to ensure quality and consistency, across and within regions, of the reviews and of noncompliance and deficiency determinations;
(H)
in the case of reviews of Early Head Start agencies and programs, are conducted by a review team that includes individuals who are knowledgeable about the development of infants and toddlers;
(I)
include as part of the reviews a protocol for fiscal management that shall be used to assess compliance with program requirements for—
(i)
using Federal funds appropriately;
(ii)
using Federal funds specifically to purchase property (consistent with section 644(f)) and to compensate personnel;
(iii)
securing and using qualified financial officer support; and
(iv)
reporting financial information and implementing appropriate internal controls to safeguard Federal funds;
(J)
include as part of the reviews of the programs, a review and assessment of whether the programs are in conformity with the eligibility requirements under section 645(a)(1), including regulations promulgated under such section and whether the programs have met the requirements for the outreach and enrollment policies and procedures, and selection criteria, in such section, for the participation of children in programs assisted under this subchapter;
(K)
include as part of the reviews, a review and assessment of whether agencies have adequately addressed the needs of children with disabilities, including whether the agencies involved have met the 10 percent minimum enrollment requirement specified in section 640(d) and whether the agencies have made sufficient efforts to collaborate with State and local agencies providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.); and
(L)
include as part of the reviews, a review and assessment of child outcomes and performance as they relate to agency-determined school readiness goals described in subsection (g)(2), consistent with subsection (b)(5).
(3)

Standards relating to obligations to delegate agencies.—
In conducting a review described in paragraph (1)(A) of a Head Start agency, the Secretary shall determine whether the agency complies with the obligations described in subsection (a)(3). The Secretary shall consider such compliance in determining whether to renew financial assistance to the Head Start agency under this subchapter.
(4)

Use of review findings.—
The findings of a review described in paragraph (1) of a Head Start agency shall, at a minimum—
(A)
be presented to the agency in a timely, transparent, and uniform manner that conveys information of program strengths and weaknesses and assists with program improvement; and
(B)
be used by the agency to inform the development and implementation of its plan for training and technical assistance.
(d)

Evaluations and Corrective Action for Delegate Agencies.—
(1)

Procedures.—
Each Head Start agency shall establish, subject to paragraph (4), procedures relating to its delegate agencies, including—
(A)
procedures for evaluating delegate agencies;
(B)
procedures for defunding delegate agencies; and
(C)
procedures for a delegate agency to appeal a defunding decision.
(2)

Evaluation.—
Each Head Start agency—
(A)
shall evaluate its delegate agencies using the procedures established under this subsection; and
(B)
shall inform the delegate agencies of the deficiencies identified through the evaluation that are required to be corrected.
(3)

Remedies to ensure corrective actions.—
In the event that the Head Start agency identifies a deficiency for a delegate agency through the evaluation, the Head Start agency shall take action, which may include—
(A)
initiating procedures to terminate the designation of the agency unless the agency corrects the deficiency;
(B)
conducting monthly monitoring visits to such delegate agency until all deficiencies are corrected or the Head Start agency decides to defund such delegate agency; and
(C)
releasing funds to such delegate agency—
(i)
only as reimbursements except that, upon receiving a request from the delegate agency accompanied by assurances satisfactory to the Head Start agency that the funds will be appropriately safeguarded, the Head Start agency shall provide to the delegate agency a working capital advance in an amount sufficient to cover the estimated expenses involved during an agreed upon disbursing cycle; and
(ii)
only if there is continuity of services.
(4)

Termination.—
The Head Start agency may not terminate a delegate agency's contract or reduce a delegate agency's service area without showing cause or demonstrating the cost-effectiveness of such a decision.
(5)

Rule of construction.—
Nothing in this subsection shall be construed to limit the powers, duties, or functions of the Secretary with respect to Head Start agencies or delegate agencies that receive financial assistance under this subchapter.
(e)

Corrective Action for Head Start Agencies.—
(1)

Determination.—
If the Secretary determines, on the basis of a review pursuant to subsection (c), that a Head Start agency designated pursuant to this subchapter fails to meet the standards described in subsection (a)(1) or fails to address the communitywide strategic planning and needs assessment, the Secretary shall—
(A)
inform the agency of the deficiencies that shall be corrected and identify the assistance to be provided consistent with paragraph (3);
(B)
with respect to each identified deficiency, require the agency—
(i)
to correct the deficiency immediately, if the Secretary finds that the deficiency threatens the health or safety of staff or program participants or poses a threat to the integrity of Federal funds;
(ii)
to correct the deficiency not later than 90 days after the identification of the deficiency if the Secretary finds, in the discretion of the Secretary, that such a 90-day period is reasonable, in light of the nature and magnitude of the deficiency; or
(iii)
in the discretion of the Secretary (taking into consideration the seriousness of the deficiency and the time reasonably required to correct the deficiency), to comply with the requirements of paragraph (2) concerning a quality improvement plan; and
(C)
initiate proceedings to terminate the designation of the agency unless the agency corrects the deficiency.
(2)

Quality improvement plan.—
(A)

Agency and program responsibilities.—
To retain a designation as a Head Start agency under this subchapter, or in the case of a Head Start program to continue to receive funds from such agency, a Head Start agency that is the subject of a determination described in paragraph (1), or a Head Start program that is determined to have a deficiency under subsection (d)(2) (excluding an agency required to correct a deficiency immediately or during a 90-day period under clause (i) or (ii) of paragraph (1)(B)) shall—
(i)
develop in a timely manner, a quality improvement plan that shall be subject to the approval of the Secretary, or in the case of a program, the sponsoring agency, and that shall specify—
(I)
the deficiencies to be corrected;
(II)
the actions to be taken to correct such deficiencies; and
(III)
the timetable for accomplishment of the corrective actions specified; and
(ii)
correct each deficiency identified, not later than the date for correction of such deficiency specified in such plan (which shall not be later than 1 year after the date the agency or Head Start program that is determined to have a deficiency received notice of the determination and of the specific deficiency to be corrected).
(B)

Secretarial responsibility.—
Not later than 30 days after receiving from a Head Start agency a proposed quality improvement plan pursuant to subparagraph (A), the Secretary shall either approve such proposed plan or specify the reasons why the proposed plan cannot be approved.
(C)

Agency responsibility.—
Not later than 30 days after receiving from a Head Start program a proposed quality improvement plan pursuant to subparagraph (A), the Head Start agency involved shall either approve such proposed plan or specify the reasons why the proposed plan cannot be approved.
(3)

Training and technical assistance.—
The Secretary shall provide training and technical assistance to Head Start agencies and programs with respect to the development or implementation of such quality improvement plans to the extent the Secretary finds such provision to be feasible and appropriate given available funding and other statutory responsibilities.
(f)

Summaries of Monitoring Outcomes.—
(1)

In general.—
Not later than 120 days after the end of each fiscal year, the Secretary shall publish a summary report on the findings of reviews conducted under subsection (c) and on the outcomes of quality improvement plans implemented under subsection (e), during such fiscal year.
(2)

Report availability.—
Such report shall be made widely available to—
(A)
parents with children receiving assistance under this subchapter—
(i)
in an understandable and uniform format; and
(ii)
to the extent practicable, in a language that the parents understand; and
(B)
the public through means such as—
(i)
distribution through public agencies; and
(ii)
posting such information on the Internet.
(3)

Report information.—
Such report shall contain detailed data—
(A)
on compliance with specific standards and measures; and
(B)
sufficient to allow Head Start agencies to use such data to improve the quality of their programs.
(g)

Self-Assessments.—
(1)

In general.—
Not less frequently than once each program year, with the consultation and participation of policy councils and, as applicable, policy committees and, as appropriate, other community members, each Head Start agency, and each delegate agency, that receives financial assistance under this subchapter shall conduct a comprehensive self-assessment of its effectiveness and progress in meeting program goals and objectives and in implementing and complying with standards described in subsection (a)(1).
(2)

Goals, reports, and improvement plans.—
(A)

Goals.—
An agency conducting a self-assessment shall establish agency-determined program goals for improving the school readiness of children participating in a program under this subchapter, including school readiness goals that are aligned with the Head Start Child Outcomes Framework, State early learning standards as appropriate, and requirements and expectations of the schools the children will be attending.
(B)

Improvement plan.—
The agency shall develop, and submit to the Secretary a report containing, an improvement plan approved by the governing body of the agency to strengthen any areas identified in the self-assessment as weaknesses or in need of improvement.
(3)

Ongoing monitoring.—
Each Head Start agency (including each Early Head Start agency) and each delegate agency shall establish and implement procedures for the ongoing monitoring of their respective programs, to ensure that the operations of the programs work toward meeting program goals and objectives and standards described in subsection (a)(1).
(h)

Reduction of Grants and Redistribution of Funds in Cases of Underenrollment.—
(1)

Definitions.—
In this subsection:
(A)

Actual enrollment.—
The term “actual enrollment” means, with respect to the program of a Head Start agency, the actual number of children enrolled in such program and reported by the agency (as required in paragraph (2)) in a given month.
(B)

Base grant.—
The term “base grant” has the meaning given the term in section 640(a)(7).
(C)

Funded enrollment.—
The term “funded enrollment” means, with respect to the program of a Head Start agency in a fiscal year, the number of children that the agency is funded to serve through a grant for the program during such fiscal year, as indicated in the grant agreement.
(2)

Enrollment reporting requirement.—
Each entity carrying out a Head Start program shall report on a monthly basis to the Secretary and the relevant Head Start agency—
(A)
the actual enrollment in such program; and
(B)
if such actual enrollment is less than the funded enrollment, any apparent reason for such enrollment shortfall.
(3)

Secretarial review and plan.—
The Secretary shall—
(A)
on a semiannual basis, determine which Head Start agencies are operating with an actual enrollment that is less than the funded enrollment based on not less than 4 consecutive months of data;
(B)
for each such Head Start agency operating a program with an actual enrollment that is less than its funded enrollment, as determined under subparagraph (A), develop, in collaboration with such agency, a plan and timetable for reducing or eliminating underenrollment taking into consideration—
(i)
the quality and extent of the outreach, recruitment, and communitywide strategic planning and needs assessment conducted by such agency;
(ii)
changing demographics, mobility of populations, and the identification of new underserved low-income populations;
(iii)
facilities-related issues that may impact enrollment;
(iv)
the ability to provide full-working-day programs, where needed, through funds made available under this subchapter or through collaboration with entities carrying out other early childhood education and development programs, or programs with other funding sources (where available);
(v)
the availability and use by families of other early childhood education and development options in the community served; and
(vi)
agency management procedures that may impact enrollment; and
(C)
provide timely and ongoing technical assistance to each agency described in subparagraph (B) for the purpose of assisting the Head Start agency to implement the plan described in such subparagraph.
(4)

Implementation.—
Upon receipt of the technical assistance described in paragraph (3)(C), a Head Start agency shall immediately implement the plan described in paragraph (3)(B). The Secretary shall, where determined appropriate, continue to provide technical assistance to such agency.
(5)

Secretarial review and adjustment for chronic underenrollment.—
(A)

In general.—
If, after receiving technical assistance and developing and implementing the plan as described in paragraphs (3) and (4) for 12 months, a Head Start agency is operating a program with an actual enrollment that is less than 97 percent of its funded enrollment, the Secretary may—
(i)
designate such agency as chronically underenrolled; and
(ii)
recapture, withhold, or reduce the base grant for the program by a percentage equal to the percentage difference between funded enrollment and actual enrollment for the program for the most recent year for which the agency is determined to be underenrolled under paragraph (3)(A).
(B)

Waiver or limitation of reductions.—
The Secretary may, as appropriate, waive or reduce the percentage recapturing, withholding, or reduction otherwise required by subparagraph (A), if, after the implementation of the plan described in paragraph (3)(B), the Secretary finds that—
(i)
the causes of the enrollment shortfall, or a portion of the shortfall, are related to the agency's serving significant numbers of highly mobile children, or are other significant causes as determined by the Secretary;
(ii)
the shortfall can reasonably be expected to be temporary; or
(iii)
the number of slots allotted to the agency is small enough that underenrollment does not create a significant shortfall.
(6)

Redistribution of funds.—
(A)

In general.—
Funds held by the Secretary as a result of recapturing, withholding, or reducing a base grant in a fiscal year shall be redistributed by the end of the following fiscal year as follows:
(i)

Indian head start programs.—
If such funds are derived from an Indian Head Start program, then such funds shall be redistributed to increase enrollment by the end of the following fiscal year in 1 or more Indian Head Start programs.
(ii)

Migrant and seasonal head start programs.—
If such funds are derived from a migrant or seasonal Head Start program, then such funds shall be redistributed to increase enrollment by the end of the following fiscal year in 1 or more programs of the type from which such funds are derived.
(iii)

Early head start programs.—
If such funds are derived from an Early Head Start program in a State, then such funds shall be redistributed to increase enrollment by the end of the following fiscal year in 1 or more Early Head Start programs in that State. If such funds are derived from an Indian Early Head Start program, then such funds shall be redistributed to increase enrollment by the end of the following fiscal year in 1 or more Indian Early Head Start programs.
(iv)

Other head start programs.—
If such funds are derived from a Head Start program in a State (excluding programs described in clauses (i) through (iii)), then such funds shall be redistributed to increase enrollment by the end of the following fiscal year in 1 or more Head Start programs (excluding programs described in clauses (i) through (iii)) that are carried out in such State.
(B)

Adjustment to funded enrollment.—
The Secretary shall adjust as necessary the requirements relating to funded enrollment indicated in the grant agreement of a Head Start agency receiving redistributed funds under this paragraph.
[42 U.S.C. 9836a]
SEC. 642.

POWERS AND FUNCTIONS OF HEAD START AGENCIES.
(a)

Authority.—
To be designated as a Head Start agency under this subchapter, an agency shall have authority under its charter or applicable law to receive and administer funds under this subchapter, funds and contributions from private or local public sources that may be used in support of a Head Start program, and funds under any Federal or State assistance program pursuant to which a public or private nonprofit or for-profit agency (as the case may be) organized in accordance with this subchapter, could act as grantee, contractor, or sponsor of projects appropriate for inclusion in a Head Start program. Such an agency shall also be empowered to transfer funds so received, and to delegate powers to other agencies, subject to the powers of its governing board and its overall program responsibilities. The power to transfer funds and delegate powers shall include the power to make transfers and delegations covering component projects in all cases where this will contribute to efficiency and effectiveness or otherwise further program objectives.
(b)

Family and Community Involvement; Family Services.—
To be so designated, a Head Start agency shall, at a minimum, do all the following to involve and serve families and communities:
(1)
Provide for the regular and direct participation of parents and community residents in the implementation of the Head Start program, including decisions that influence the character of such program, consistent with paragraphs (2)(D) and (3)(C) of subsection (c).
(2)
Seek the involvement of parents, community residents, and local business in the design and implementation of the program.
(3)
Establish effective procedures—
(A)
to facilitate and seek the involvement of parents of participating children in activities designed to help such parents become full partners in the education of their children; and
(B)
to afford such parents the opportunity to participate in the development and overall conduct of the program at the local level, including transportation assistance as appropriate.
(4)
Offer (directly or through referral to local entities, public and school libraries, and entities carrying out family support programs) to such parents—
(A)
family literacy services; and
(B)
parenting skills training.
(5)
Offer to parents of participating children substance abuse counseling (either directly or through referral to local entities), if needed, including information on the effect of drug exposure on infants and fetal alcohol syndrome.
(6)
At the option of such agency, offer (directly or through referral to local entities) to such parents—
(A)
training in basic child development (including cognitive, social, and emotional development);
(B)
assistance in developing literacy and communication skills;
(C)
opportunities to share experiences with other parents (including parent-mentor relationships);
(D)
health services, including information on maternal depression;
(E)
regular in-home visitation; or
(F)
any other activity designed to help such parents become full partners in the education of their children.
(7)
Provide, with respect to each participating family, a family needs assessment that includes consultation with such parents (including foster parents, grandparents, and kinship caregivers, where applicable), in a manner and language that such parents can understand (to the extent practicable), about the benefits of parent involvement and about the activities described in this subsection in which such parents may choose to be involved (taking into consideration their specific family needs, work schedules, and other responsibilities).
(8)
Consider providing services to assist younger siblings of children participating in its Head Start program to obtain health services from other sources.
(9)
Perform community outreach to encourage individuals previously unaffiliated with Head Start programs to participate in its Head Start program as volunteers.
(10)
(A)
Inform custodial parents in single-parent families that participate in programs, activities, or services carried out or provided under this subchapter about the availability of child support services for purposes of establishing paternity and acquiring child support.
(B)
Refer eligible parents to the child support offices of State and local governments.
(11)
Provide to parents of limited English proficient children outreach and information, in an understandable and uniform format and, to the extent practicable, in a language that the parents can understand.
(12)
Provide technical and other support needed to enable parents and community residents to secure, on their own behalf, available assistance from public and private sources.
(13)
Promote the continued involvement of the parents (including foster parents, grandparents, and kinship caregivers, as appropriate) of children that participate in Head Start programs in the education of their children upon transition of their children to school, by working with the local educational agency—
(A)
to provide training to the parents—
(i)
to inform the parents about their rights and responsibilities concerning the education of their children; and
(ii)
to enable the parents—
(I)
to understand and work with schools in order to communicate with teachers and other school personnel;
(II)
to support the schoolwork of their children; and
(III)
to participate as appropriate in decisions relating to the education of their children; and
(B)
to take other actions, as appropriate and feasible, to support the active involvement of the parents with schools, school personnel, and school-related organizations.
(14)
Establish effective procedures for timely referral of children with disabilities to the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), and collaboration with that agency, consistent with section 640(d)(3).
(15)
Establish effective procedures for providing necessary early intervening services to children with disabilities prior to an eligibility determination by the State or local agency responsible for providing services under section 619 or part C of such Act, consistent with section 640(d)(2).
(16)
At the option of the Head Start agency, partner with an institution of higher education and a nonprofit organization to provide college students with the opportunity to serve as mentors or reading partners for Head Start participants.
(c)

Program Governance.—
Upon receiving designation as a Head Start agency, the agency shall establish and maintain a formal structure for program governance, for the oversight of quality services for Head Start children and families and for making decisions related to program design and implementation. Such structure shall include the following:
(1)

Governing body.—
(A)

In general.—
The governing body shall have legal and fiscal responsibility for the Head Start agency.
(B)

Composition.—
The governing body shall be composed as follows:
(i)
Not less than 1 member shall have a background and expertise in fiscal management or accounting.
(ii)
Not less than 1 member shall have a background and expertise in early childhood education and development.
(iii)
Not less than 1 member shall be a licensed attorney familiar with issues that come before the governing body.
(iv)
Additional members shall—
(I)
reflect the community to be served and include parents of children who are currently, or were formerly, enrolled in Head Start programs; and
(II)
are selected for their expertise in education, business administration, or community affairs.
(v)
Exceptions shall be made to the requirements of clauses (i) through (iv) for members of a governing body when those members oversee a public entity and are selected to their positions with the public entity by public election or political appointment.
(vi)
If a person described in clause (i), (ii), or (iii) is not available to serve as a member of the governing body, the governing body shall use a consultant, or an other individual with relevant expertise, with the qualifications described in that clause, who shall work directly with the governing body.
(C)

Conflict of interest.—
Members of the governing body shall—
(i)
not have a financial conflict of interest with the Head Start agency (including any delegate agency);
(ii)
not receive compensation for serving on the governing body or for providing services to the Head Start agency;
(iii)
not be employed, nor shall members of their immediate family be employed, by the Head Start agency (including any delegate agency); and
(iv)
operate as an entity independent of staff employed by the Head Start agency.
(D)

Exception.—
If an individual holds a position as a result of public election or political appointment, and such position carries with it a concurrent appointment to serve as a member of a Head Start agency governing body, and such individual has any conflict of interest described in clause (ii) or (iii) of subparagraph (C)—
(i)
such individual shall not be prohibited from serving on such body and the Head Start agency shall report such conflict to the Secretary; and
(ii)
if the position held as a result of public election or political appointment provides compensation, such individual shall not be prohibited from receiving such compensation.
(E)

Responsibilities.—
The governing body shall—
(i)
have legal and fiscal responsibility for administering and overseeing programs under this subchapter, including the safeguarding of Federal funds;
(ii)
adopt practices that assure active, independent, and informed governance of the Head Start agency, including practices consistent with subsection (d)(1), and fully participate in the development, planning, and evaluation of the Head Start programs involved;
(iii)
be responsible for ensuring compliance with Federal laws (including regulations) and applicable State, tribal, and local laws (including regulations); and
(iv)
be responsible for other activities, including—
(I)
selecting delegate agencies and the service areas for such agencies;
(II)
establishing procedures and criteria for recruitment, selection, and enrollment of children;
(III)
reviewing all applications for funding and amendments to applications for funding for programs under this subchapter;
(IV)
establishing procedures and guidelines for accessing and collecting information described in subsection (d)(2);
(V)
reviewing and approving all major policies of the agency, including—
- (aa)
the annual self-assessment and financial audit;
- (bb)
such agency's progress in carrying out the programmatic and fiscal provisions in such agency's grant application, including implementation of corrective actions; and
- (cc)
personnel policies of such agencies regarding the hiring, evaluation, termination, and compensation of agency employees;
(VI)
developing procedures for how members of the policy council are selected, consistent with paragraph (2)(B);
(VII)
approving financial management, accounting, and reporting policies, and compliance with laws and regulations related to financial statements, including the—
- (aa)
approval of all major financial expenditures of the agency;
- (bb)
annual approval of the operating budget of the agency;
- (cc)
selection (except when a financial auditor is assigned by the State under State law or is assigned under local law) of independent financial auditors who shall report all critical accounting policies and practices to the governing body; and
- (dd)
monitoring of the agency's actions to correct any audit findings and of other action necessary to comply with applicable laws (including regulations) governing financial statement and accounting practices;
(VIII)
reviewing results from monitoring conducted under section 641A(c), including appropriate followup activities;
(IX)
approving personnel policies and procedures, including policies and procedures regarding the hiring, evaluation, compensation, and termination of the Executive Director, Head Start Director, Director of Human Resources, Chief Fiscal Officer, and any other person in an equivalent position with the agency;
(X)
establishing, adopting, and periodically updating written standards of conduct that establish standards and formal procedures for disclosing, addressing, and resolving—
- (aa)
any conflict of interest, and any appearance of a conflict of interest, by members of the governing body, officers and employees of the Head Start agency, and consultants and agents who provide services or furnish goods to the Head Start agency; and
- (bb)
complaints, including investigations, when appropriate; and
(XI)
to the extent practicable and appropriate, at the discretion of the governing body, establishing advisory committees to oversee key responsibilities related to program governance and improvement of the Head Start program involved.
(2)

Policy council.—
(A)

In general.—
Consistent with paragraph (1)(E), each Head Start agency shall have a policy council responsible for the direction of the Head Start program, including program design and operation, and long- and short-term planning goals and objectives, taking into account the annual communitywide strategic planning and needs assessment and self-assessment.
(B)

Composition and selection.—
(i)
The policy council shall be elected by the parents of children who are currently enrolled in the Head Start program of the Head Start agency.
(ii)
The policy council shall be composed of—
(I)
parents of children who are currently enrolled in the Head Start program of the Head Start agency (including any delegate agency), who shall constitute a majority of the members of the policy council; and
(II)
members at large of the community served by the Head Start agency (including any delegate agency), who may include parents of children who were formerly enrolled in the Head Start program of the agency.
(C)

Conflict of interest.—
Members of the policy council shall—
(i)
not have a conflict of interest with the Head Start agency (including any delegate agency); and
(ii)
not receive compensation for serving on the policy council or for providing services to the Head Start agency.
(D)

Responsibilities.—
The policy council shall approve and submit to the governing body decisions about each of the following activities:
(i)
Activities to support the active involvement of parents in supporting program operations, including policies to ensure that the Head Start agency is responsive to community and parent needs.
(ii)
Program recruitment, selection, and enrollment priorities.
(iii)
Applications for funding and amendments to applications for funding for programs under this subchapter, prior to submission of applications described in this clause.
(iv)
Budget planning for program expenditures, including policies for reimbursement and participation in policy council activities.
(v)
Bylaws for the operation of the policy council.
(vi)
Program personnel policies and decisions regarding the employment of program staff, consistent with paragraph (1)(E)(iv)(IX), including standards of conduct for program staff, contractors, and volunteers and criteria for the employment and dismissal of program staff.
(vii)
Developing procedures for how members of the policy council of the Head Start agency will be elected.
(viii)
Recommendations on the selection of delegate agencies and the service areas for such agencies.
(3)

Policy committees.—
Each delegate agency shall create a policy committee, which shall—
(A)
be elected and composed of members, consistent with paragraph (2)(B) (with respect to delegate agencies);
(B)
follow procedures to prohibit conflict of interest, consistent with clauses (i) and (ii) of paragraph (2)(C) (with respect to delegate agencies); and
(C)
be responsible for approval and submission of decisions about activities as they relate to the delegate agency, consistent with paragraph (2)(D) (with respect to delegate agencies).
(d)

Program Governance Administration.—
(1)

Impasse policies.—
The Secretary shall develop policies, procedures, and guidance for Head Start agencies concerning—
(A)
the resolution of internal disputes, including any impasse in the governance of Head Start programs; and
(B)
the facilitation of meaningful consultation and collaboration about decisions of the governing body and policy council.
(2)

Conduct of responsibilities.—
Each Head Start agency shall ensure the sharing of accurate and regular information for use by the governing body and the policy council, about program planning, policies, and Head Start agency operations, including—
(A)
monthly financial statements, including credit card expenditures;
(B)
monthly program information summaries;
(C)
program enrollment reports, including attendance reports for children whose care is partially subsidized by another public agency;
(D)
monthly reports of meals and snacks provided through programs of the Department of Agriculture;
(E)
the financial audit;
(F)
the annual self-assessment, including any findings related to such assessment;
(G)
the communitywide strategic planning and needs assessment of the Head Start agency, including any applicable updates;
(H)
communication and guidance from the Secretary; and
(I)
the program information reports.
(3)

Training and technical assistance.—
Appropriate training and technical assistance shall be provided to the members of the governing body and the policy council to ensure that the members understand the information the members receive and can effectively oversee and participate in the programs of the Head Start agency.
(e)

Collaboration and Coordination.—
To be so designated, a Head Start agency shall collaborate and coordinate with public and private entities, to the maximum extent practicable, to improve the availability and quality of services to Head Start children and families, including carrying out the following activities:
(1)
Conduct outreach to schools in which children participating in the Head Start program will enroll following the program, local educational agencies, the local business community, community-based organizations, faith-based organizations, museums, and libraries to generate support and leverage the resources of the entire local community in order to improve school readiness.
(2)
(A)
In communities where both a public prekindergarten program and a Head Start program operate, collaborate and coordinate activities with the local educational agency or other public agency responsible for the operation of the prekindergarten program and providers of prekindergarten, including outreach activities to identify eligible children.
(B)
With the permission of the parents of children enrolled in the Head Start program, regularly communicate with the schools in which the children will enroll following the program, to—
(i)
share information about such children;
(ii)
collaborate with the teachers in such schools regarding professional development and instructional strategies, as appropriate; and
(iii)
ensure a smooth transition to school for such children.
(3)
Coordinate activities and collaborate with programs under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), the agencies responsible for administering section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a) and parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 670 et seq.), programs under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.), programs under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), and other entities providing early childhood education and development programs or services, serving the children and families served by the Head Start agency.
(4)
Take steps to coordinate activities with the local educational agency serving the community involved and with schools in which children participating in the Head Start program will enroll following the program, including—
(A)
collaborating on the shared use of transportation and facilities, in appropriate cases;
(B)
collaborating to reduce the duplication and enhance the efficiency of services while increasing the program participation of underserved populations of eligible children; and
(C)
exchanging information on the provision of noneducational services to such children.
(5)
Enter into a memorandum of understanding, not later than 1 year after the date of enactment of the Improving Head Start for School Readiness Act of 2007, with the appropriate local entity responsible for managing publicly funded preschool programs in the service area of the Head Start agency, that shall—
(A)
(i)
provide for a review of each of the activities described in clause (ii); and
(ii)
include plans to coordinate, as appropriate, activities regarding—
(I)
educational activities, curricular objectives, and instruction;
(II)
public information dissemination and access to programs for families contacting the Head Start program or any of the preschool programs;
(III)
selection priorities for eligible children to be served by programs;
(IV)
service areas;
(V)
staff training, including opportunities for joint staff training on topics such as academic content standards, instructional methods, curricula, and social and emotional development;
(VI)
program technical assistance;
(VII)
provision of additional services to meet the needs of working parents, as applicable;
(VIII)
communications and parent outreach for smooth transitions to kindergarten as required in paragraphs (3) and (6) of section 642A(a);
(IX)
provision and use of facilities, transportation, and other program elements; and
(X)
other elements mutually agreed to by the parties to such memorandum;
(B)
be submitted to the Secretary and the State Director of Head Start Collaboration not later than 30 days after the parties enter into such memorandum, except that—
(i)
where there is an absence of publicly funded preschool programs in the service area of a Head Start agency, this paragraph shall not apply; or
(ii)
where the appropriate local entity responsible for managing the publicly funded preschool programs is unable or unwilling to enter into such a memorandum, this paragraph shall not apply and the Head Start agency shall inform the Secretary and the State Director of Head Start Collaboration of such inability or unwillingness; and
(C)
be revised periodically and renewed biennially by the parties to such memorandum, in alignment with the beginning of the school year.
(f)

Quality Standards, Curricula, and Assessment.—
To be so designated, each Head Start agency shall—
(1)
take steps to ensure, to the maximum extent practicable, that children maintain the developmental and educational gains achieved in Head Start programs and build upon such gains in further schooling;
(2)
establish a program with the standards set forth in section 641A(a)(1), with particular attention to the standards set forth in subparagraphs (A) and (B) of such section;
(3)
implement a research-based early childhood curriculum that—
(A)
promotes young children's school readiness in the areas of language and cognitive development, early reading and mathematics skills, socio-emotional development, physical development, and approaches to learning;
(B)
is based on scientifically valid research and has standardized training procedures and curriculum materials to support implementation;
(C)
is comprehensive and linked to ongoing assessment, with developmental and learning goals and measurable objectives;
(D)
is focused on improving the learning environment, teaching practices, family involvement, and child outcomes across all areas of development; and
(E)
is aligned with the Head Start Child Outcomes Framework developed by the Secretary and, as appropriate, State early learning standards;
(4)
implement effective interventions and support services that help promote the school readiness of children participating in the program;
(5)
use research-based assessment methods that reflect the characteristics described in section 641A(b)(2) in order to support the educational instruction and school readiness of children in the program;
(6)
use research-based developmental screening tools that have been demonstrated to be standardized, reliable, valid, and accurate for the child being assessed, to the maximum extent practicable, for the purpose of meeting the relevant standards described in section 641A(a)(1);
(7)
adopt, in consultation with experts in child development and with classroom teachers, an evaluation to assess whether classroom teachers have mastered the functions discussed in section 648A(a)(1);
(8)
use the information provided from the assessment conducted under section 641A(c)(2)(F) to inform professional development plans, as appropriate, that lead to improved teacher effectiveness;
(9)
establish goals and measurable objectives for the provision of health, educational, nutritional, and social services provided under this subchapter and related to the program mission and to promote school readiness; and
(10)
develop procedures for identifying children who are limited English proficient, and informing the parents of such children about the instructional services used to help children make progress towards acquiring the knowledge and skills described in section 641A(a)(1)(B) and acquisition of the English language.
(g)

Funded Enrollment; Waiting List.—
Each Head Start agency shall enroll 100 percent of its funded enrollment and maintain an active waiting list at all times with ongoing outreach to the community and activities to identify underserved populations.
(h)

Technical Assistance and Training Plan.—
In order to receive funds under this subchapter, a Head Start agency shall develop an annual technical assistance and training plan. Such plan shall be based on the agency's self-assessment, the communitywide strategic planning and needs assessment, the needs of parents and children to be served by such agency, and the results of the reviews conducted under section 641A(c).
(i)

Financial Management.—
In order to receive funds under this subchapter, a Head Start agency shall document strong fiscal controls, including the employment of well-qualified fiscal staff with a history of successful management of a public or private organization.
[42 U.S.C. 9837]
SEC. 642A.

HEAD START TRANSITION AND ALIGNMENT WITH K–12 EDUCATION.
(a)

In General.—
Each Head Start agency shall take steps to coordinate with the local educational agency serving the community involved and with schools in which children participating in a Head Start program operated by such agency will enroll following such program to promote continuity of services and effective transitions, including—
(1)
developing and implementing a systematic procedure for transferring, with parental consent, Head Start program records for each participating child to the school in which such child will enroll;
(2)
establishing ongoing channels of communication between Head Start staff and their counterparts in the schools (including teachers, social workers, local educational agency liaisons designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), and health staff) to facilitate coordination of programs;
(3)
establishing ongoing communications between the Head Start agency and local educational agency for developing continuity of developmentally appropriate curricular objectives (which for the purpose of the Head Start program shall be aligned with the Head Start Child Outcomes Framework and, as appropriate, State early learning standards) and for shared expectations for children's learning and development as the children transition to school;
(4)
organizing and participating in joint training, including transition-related training for school staff and Head Start staff;
(5)
establishing comprehensive transition policies and procedures that support children transitioning to school, including by engaging the local educational agency in the establishment of such policies;
(6)
conducting outreach to parents and elementary school (such as kindergarten) teachers to discuss the educational, developmental, and other needs of individual children;
(7)
helping parents of limited English proficient children understand—
(A)
the instructional and other services provided by the school in which such child will enroll after participation in Head Start; and
(B)
as appropriate, the information provided to parents of English learners under section 1112(e)(3) of the Elementary and Secondary Education Act of the 1965;
(8)
developing and implementing a family outreach and support program, in cooperation with entities carrying out parent and family engagement efforts under title I of the Elementary and Secondary Education Act of 1965, and family outreach and support efforts under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.), taking into consideration the language needs of parents of limited English proficient children;
(9)
assisting families, administrators, and teachers in enhancing educational and developmental continuity and continuity of parental involvement in activities between Head Start services and elementary school classes;
(10)
linking the services provided in such Head Start program with educational services, including services relating to language, literacy, and numeracy, provided by such local educational agency;
(11)
helping parents (including grandparents and kinship caregivers, as appropriate) to understand the importance of parental involvement in a child's academic success while teaching them strategies for maintaining parental involvement as their child moves from Head Start to elementary school;
(12)
helping parents understand the instructional and other services provided by the school in which their child will enroll after participation in the Head Start program;
(13)
developing and implementing a system to increase program participation of underserved populations of eligible children; and
(14)
coordinating activities and collaborating to ensure that curricula used in the Head Start program are aligned with—
(A)
the Head Start Child Outcomes Framework, as developed by the Secretary; and
(B)
State early learning standards, as appropriate, with regard to cognitive, social, emotional, and physical competencies that children entering kindergarten are expected to demonstrate.
(b)

Construction.—
In this section, a reference to a Head Start agency, or its program, services, facility, or personnel, shall not be construed to be a reference to an Early Head Start agency, or its program, services, facility, or personnel.
(c)

Dissemination and Technical Assistance.—
The Secretary, in consultation with the Secretary of Education, shall—
(1)
disseminate to Head Start agencies information on effective policies and activities relating to the transition of children from Head Start programs to public schools; and
(2)
provide technical assistance to such agencies to promote and assist such agencies to adopt and implement such effective policies and activities.
[42 U.S.C. 9837a]

HEAD START COLLABORATION; STATE EARLY EDUCATION AND CARE
Sec. 642B.
(a)
(1)
From amounts made available under section 640(a)(2)(B)(vi), the Secretary shall award the collaboration grants described in paragraphs (2), (3), and (4).
(2)
(A)
The Secretary shall award, upon submission of a written request, a collaboration grant to each State and to each national administrative office serving Indian Head Start programs and migrant or seasonal Head Start programs to facilitate collaboration among Head Start agencies (including Early Head Start agencies) and entities that carry out activities designed to benefit low-income children from birth to school entry, and their families. The national administrative offices shall use the funds made available through the grants to carry out the authorities and responsibilities described in subparagraph (B) and paragraphs (3) and (4), as appropriate.
(B)
Grants described in subparagraph (A) shall be used to—
(i)
assist Head Start agencies to collaborate with entities involved in State and local planning processes to better meet the needs of low-income children from birth to school entry, and their families;
(ii)
assist Head Start agencies to coordinate activities with the State agency responsible for administering the State program carried out under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) and entities providing resource and referral services in the State, to make full-working-day and full calendar year services available to children;
(iii)
promote alignment of curricula used in Head Start programs and continuity of services with the Head Start Child Outcomes Framework and, as appropriate, State early learning standards;
(iv)
promote better linkages between Head Start agencies and other child and family agencies, including agencies that provide health, mental health, or family services, or other child or family supportive services, such as services provided under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.); and
(v)
carry out the activities of the State Director of Head Start Collaboration authorized in paragraph (4).
(3)
In order to improve coordination and delivery of early childhood education and development to children in the State, a State that receives a collaboration grant under paragraph (2) shall—
(A)
appoint or designate an individual to serve as, or carry out the responsibilities of, the State Director of Head Start Collaboration;
(B)
ensure that the State Director of Head Start Collaboration holds a position with sufficient authority and access to ensure that the collaboration described in paragraph (2) is effective and involves a range of State agencies; and
(C)
involve the State Head Start Association in the selection of the Director and involve the Association in determinations relating to the ongoing direction of the collaboration office involved.
(4)
The State Director of Head Start Collaboration shall—
(A)
not later than 1 year after the State receives a collaboration grant under paragraph (2), conduct an assessment that—
(i)
addresses the needs of Head Start agencies in the State with respect to collaboration, coordination and alignment of services, and alignment of curricula and assessments used in Head Start programs with the Head Start Child Outcomes Framework and, as appropriate, State early learning standards;
(ii)
shall be updated on an annual basis; and
(iii)
shall be made available to the general public within the State;
(B)
develop a strategic plan that is based on the assessment described in subparagraph (A) that will—
(i)
enhance collaboration and coordination of Head Start services by Head Start agencies with other entities providing early childhood education and development (such as child care or services offered by museums), health care, mental health care, welfare, child protective services, education and community service activities, family literacy services, reading readiness programs (including such programs offered by public and school libraries), services relating to children with disabilities, other early childhood education and development for limited English proficient children and homeless children, and services provided for children in foster care and children referred to Head Start programs by child welfare agencies, including agencies and State officials responsible for services described in this clause;
(ii)
assist Head Start agencies to develop a plan for the provision of full working-day, full calendar year services for children enrolled in Head Start programs who need such services;
(iii)
assist Head Start agencies to align curricula and assessments used in Head Start programs with the Head Start Child Outcomes Framework and, as appropriate, State early learning standards;
(iv)
enable Head Start agencies to better access professional development opportunities for Head Start staff, such as by working with Head Start agencies to enable the agencies to meet the degree requirements described in section 648A(a)(2)(A), including providing distance learning opportunities for Head Start staff, where needed to make higher education more accessible to Head Start staff; and
(v)
enable the Head Start agencies to better conduct outreach to eligible families;
(C)
promote partnerships between Head Start agencies, State and local governments, and the private sector to help ensure that children from low-income families, who are in Head Start programs or are preschool age, are receiving comprehensive services to prepare the children for elementary school;
(D)
consult with the chief State school officer, local educational agencies, and providers of early childhood education and development, at both the State and local levels;
(E)
promote partnerships between Head Start agencies, schools, law enforcement, relevant community-based organizations, and substance abuse and mental health treatment agencies to strengthen family and community environments and to reduce the impact on child development of substance abuse, child abuse, domestic violence, and other high-risk behaviors that compromise healthy development;
(F)
promote partnerships between Head Start agencies and other organizations in order to enhance Head Start program quality, including partnerships to promote inclusion of more books in Head Start classrooms;
(G)
identify other resources and organizations (both public and private) for the provision of in-kind services to Head Start agencies in the State; and
(H)
serve on the State Advisory Council in order to assist the efforts of Head Start agencies to engage in effective coordination and collaboration.
(b)
(1)
(A)
The Governor of the State shall—
(i)
designate or establish a council to serve as the State Advisory Council on Early Childhood Education and Care for children from birth to school entry (in this subchapter referred to as the “State Advisory Council”); and
(ii)
designate an individual to coordinate activities of the State Advisory Council, as described in subparagraph (D)(i).
(B)
The Governor may designate an existing entity in the State to serve as the State Advisory Council, and shall appoint representatives to the State Advisory Council at the Governor's discretion. In designating an existing entity, the Governor shall take steps to ensure that its membership includes, to the extent possible, representatives consistent with subparagraph (C).
(C)
Members of the State Advisory Council shall include, to the maximum extent possible—
(i)
a representative of the State agency responsible for child care;
(ii)
a representative of the State educational agency;
(iii)
a representative of local educational agencies;
(iv)
a representative of institutions of higher education in the State;
(v)
a representative of local providers of early childhood education and development services;
(vi)
a representative from Head Start agencies located in the State, including migrant and seasonal Head Start programs and Indian Head Start programs;
(vii)
the State Director of Head Start Collaboration;
(viii)
a representative of the State agency responsible for programs under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.);
(ix)
a representative of the State agency responsible for health or mental health care; and
(x)
representatives of other entities determined to be relevant by the Governor of the State.
(D)
(i)
The State Advisory Council shall, in addition to any responsibilities assigned to the Council by the Governor of the State—
(I)
conduct a periodic statewide needs assessment concerning the quality and availability of early childhood education and development programs and services for children from birth to school entry, including an assessment of the availability of high-quality pre-kindergarten services for low-income children in the State;
(II)
identify opportunities for, and barriers to, collaboration and coordination among Federally-funded and State-funded child development, child care, and early childhood education programs and services, including collaboration and coordination among State agencies responsible for administering such programs;
(III)
develop recommendations for increasing the overall participation of children in existing Federal, State, and local child care and early childhood education programs, including outreach to underrepresented and special populations;
(IV)
develop recommendations regarding the establishment of a unified data collection system for public early childhood education and development programs and services throughout the State;
(V)
develop recommendations regarding statewide professional development and career advancement plans for early childhood educators in the State;
(VI)
assess the capacity and effectiveness of 2- and 4-year public and private institutions of higher education in the State toward supporting the development of early childhood educators, including the extent to which such institutions have in place articulation agreements, professional development and career advancement plans, and practice or internships for students to spend time in a Head Start or prekindergarten program; and
(VII)
make recommendations for improvements in State early learning standards and undertake efforts to develop high-quality comprehensive early learning standards, as appropriate.
(ii)
The State Advisory Council shall hold public hearings and provide an opportunity for public comment on the activities described in clause (i). The State Advisory Council shall submit a statewide strategic report addressing the activities described in clause (i) to the State Director of Head Start Collaboration and the Governor of the State.
(iii)
After submission of a statewide strategic report under clause (ii), the State Advisory Council shall meet periodically to review any implementation of the recommendations in such report and any changes in State and local needs.
(2)
(A)
The Secretary shall use the portion reserved under section 640(a)(4)(A)(iii) to award, on a competitive basis, one-time startup grants of not less than $500,000 to eligible States to enable such States to pay for the Federal share of developing and implementing a plan pursuant to the responsibilities included under paragraph (1)(D)(i). A State that receives funds under this paragraph shall use such funds to facilitate the development or enhancement of high-quality systems of early childhood education and care designed to improve school preparedness through one or more of the following activities—
(i)
promoting school preparedness of children from birth through school entry, including activities to encourage families and caregivers to engage in highly interactive, developmentally and age-appropriate activities to improve children's early social, emotional, and cognitive development, support the transition of young children to school, and foster parental and family involvement in the early education of young children;
(ii)
supporting professional development, recruitment, and retention initiatives for early childhood educators;
(iii)
enhancing existing early childhood education and development programs and services (in existence on the date on which the grant involved is awarded), including quality improvement activities authorized under the Child Care and Development Block Grant Act of 1990; and
(iv)
carrying out other activities consistent with the State's plan and application, pursuant to subparagraph (B).
(B)
To be eligible to receive a grant under this paragraph, a State shall prepare and submit to the Secretary a plan and application, for a 3-year period, at such time, in such manner, and containing such information as the Secretary shall require, including—
(i)
the statewide strategic report described in paragraph (1)(D)(ii), including a description of the State Advisory Council's responsibilities under paragraph (1)(D)(i);
(ii)
a description, for each fiscal year, of how the State will make effective use of funds available under this paragraph, with funds described in subparagraph (C), to create an early childhood education and care system, by developing or enhancing programs and activities consistent with the statewide strategic report described in paragraph (1)(D)(i);
(iii)
a description of the State early learning standards and the State's goals for increasing the number of children entering kindergarten ready to learn;
(iv)
information identifying the agency or joint interagency office, and individual, designated to carry out the activities under this paragraph, which may be the individual designated under paragraph (1)(A)(ii); and
(v)
a description of how the State plans to sustain activities under this paragraph beyond the grant period.
(C)
The Federal share of the cost of activities proposed to be conducted under subparagraph (A) shall be 30 percent, and the State shall provide the non-Federal share.
(D)
Funds made available under this paragraph shall be used to supplement, and not supplant, other Federal, State, and local funds expended to carry out activities related to early childhood education and care in the State.
(E)
Not later than 18 months after the date a State receives a grant under this paragraph, the State shall submit an interim report to the Secretary. A State that receives a grant under this paragraph shall submit a final report to the Secretary at the end of the grant period. Each report shall include—
(i)
a description of the activities and services carried out under the grant, including the outcomes of such activities and services in meeting the needs described in the periodic needs assessment and statewide strategic report;
(ii)
information about how the State used such funds to meet the goals of this subsection through activities to develop or enhance high-quality systems of early childhood education and care, increase effectiveness of delivery systems and use of funds, and enhance existing programs and services;
(iii)
information regarding the remaining needs described in the periodic statewide needs assessment and statewide strategic report that have not yet been addressed by the State; and
(iv)
any other information that the Secretary may require.
(F)
Nothing in this subsection shall be construed to provide the State Advisory Council with authority to modify, supersede, or negate the requirements of this subchapter.
[42 U.S.C. 9837b]

submission of plans to governors
Sec. 643.
In carrying out the provisions of this subchapter, no contract, agreement, grant, or other assistance shall be made for the purpose of carrying out a Head Start program within a State unless a plan setting forth such proposed contract, agreement, grant, or other assistance has been submitted to the chief executive officer of the State, and such plan has not been disapproved by such officer within 45 days of such submission, or, if disapproved (for reasons other than failure of the program to comply with State health, safety, and child care laws, including regulations applicable to comparable child care programs in the State), has been reconsidered by the Secretary and found by the Secretary to be fully consistent with the provisions and in furtherance of the purposes of this subchapter, as evidenced by a written statement of the Secretary's findings that is transmitted to such officer. Funds to cover the costs of the proposed contract, agreement, grant, or other assistance shall be obligated from the appropriation which is current at the time the plan is submitted to such officer. This section shall not, however, apply to contracts, agreements, grant, loans, or other assistance to any institution of higher education in existence on the date of the enactment of this Act. This section shall not apply to contracts, agreements, grants, loans, or other assistance for Indian Head Start programs or migrant or seasonal Head Start programs.
[42 U.S.C. 9838]

administrative requirements and standards
Sec. 644.
(a)
(1)
Each Head Start agency shall observe standards of organization, management, and administration that will ensure, so far as reasonably possible, that all program activities are conducted in a manner consistent with the purposes of this subchapter and the objective of providing assistance effectively, efficiently, and free of any taint of partisan political bias or personal or family favoritism. Each such agency shall establish or adopt rules to carry out this section, which shall include rules to assure full staff accountability in matters governed by law, regulations, or agency policy. Each agency shall also provide for reasonable public access to information, including public hearings at the request of appropriate community groups and reasonable public access to books and records of the agency or other agencies engaged in program activities or operations involving the use of authority or funds for which it is responsible.
(2)
Each Head Start agency shall make available to the public a report published at least once in each fiscal year that discloses the following information from the most recently concluded fiscal year, except that reporting such information shall not reveal personally identifiable information about an individual child or parent:
(A)
The total amount of public and private funds received and the amount from each source.
(B)
An explanation of budgetary expenditures and proposed budget for the fiscal year.
(C)
The total number of children and families served, the average monthly enrollment (as a percentage of funded enrollment), and the percentage of eligible children served.
(D)
The results of the most recent review by the Secretary and the financial audit.
(E)
The percentage of enrolled children that received medical and dental exams.
(F)
Information about parent involvement activities.
(G)
The agency's efforts to prepare children for kindergarten.
(H)
Any other information required by the Secretary.
(3)
Each such agency shall adopt for itself and other agencies using funds or exercising authority for which it is responsible, rules designed to—
(A)
establish specific standards governing salaries, salary increases, travel and per diem allowances, and other employee benefits;
(B)
assure that only persons capable of discharging their duties with competence and integrity are employed and that employees are promoted or advanced under impartial procedures calculated to improve agency performance and effectiveness;
(C)
guard against personal or financial conflicts of interest; and
(D)
define employee duties in an appropriate manner that will in any case preclude employees from participating, in connection with the performance of their duties, in any form of picketing, protest, or other direct action that is in violation of law.
(b)
Except as provided in subsection (f), no financial assistance shall be extended under this subchapter in any case in which the Secretary determines that the costs of developing and administering a program assisted under this subchapter exceed 15 percent of the total costs, including the required non-Federal contributions to such costs, of such program. The Secretary shall establish by regulation, criteria for determining (1) the costs of developing and administering such program; and (2) the total costs of such program. In any case in which the Secretary determines that the cost of administering such program does not exceed 15 percent of such total costs but is, in the judgment of the Secretary, excessive, the Secretary shall forthwith require the recipient of such financial assistance to take such steps prescribed by the Secretary as will eliminate such excessive administrative cost, including the sharing by one or more Head Start agencies of a common director and other administrative personnel. The Secretary may waive the limitation prescribed by this subsection for specific periods of time not to exceed 12 months whenever the Secretary determines that such a waiver is necessary in order to carry out the purposes of this subchapter.
(c)
The Secretary shall prescribe rules or regulations to supplement subsections (a) and (f), which shall be binding on all agencies carrying on Head Start program activities with financial assistance under this subchapter. The Secretary may, where appropriate, establish special or simplified requirements for smaller agencies or agencies operating in rural areas. Policies and procedures shall be established to ensure that indirect costs attributable to the common or joint use of facilities and services by programs assisted under this subchapter and other programs shall be fairly allocated among the various programs which utilize such facilities and services.
(d)
At least 30 days prior to their effective date, all rules, regulations, and application forms shall be published in the Federal Register and shall be sent to each grantee with the notification that each such grantee has the right to submit comments pertaining thereto to the Secretary prior to the final adoption thereof.
(e)
Funds appropriated to carry out this subchapter shall not be used to assist, promote, or deter union organizing.
(f)
(1)
The Secretary shall establish uniform procedures for Head Start agencies to request approval to purchase facilities, or to request approval of the purchase (after December 31, 1986) of facilities, to be used to carry out Head Start programs. The Secretary shall suspend any proceedings pending against any Head Start agency to claim costs incurred in purchasing such facilities until the agency has been afforded an opportunity to apply for approval of the purchase and the Secretary has determined whether the purchase will be approved. The Secretary shall not be required to repay claims previously satisfied by Head Start agencies for costs incurred in the purchase of such facilities.
(2)
Financial assistance provided under this subchapter may not be used by a Head Start agency to purchase a facility (including paying the cost of amortizing the principal, and paying interest on, loans) to be used to carry out a Head Start program unless the Secretary approves a request that is submitted by such agency and contains—
(A)
a description of the efforts by the agency to coordinate or collaborate with other providers in the community to seek assistance, including financial assistance, prior to the use of funds under this section;
(B)
a description of the site of the facility proposed to be purchased or that was previously purchased;
(C)
the plans and specifications of such facility;
(D)
information demonstrating that—
(i)
the proposed purchase will result, or the previous purchase has resulted, in savings when compared to the costs that would be incurred to acquire the use of an alternative facility to carry out such program; or
(ii)
the lack of alternative facilities will prevent, or would have prevented, the operation of such program;
(E)
in the case of a request regarding a previously purchased facility, information demonstrating that the facility will be used principally as a Head Start center, or a direct support facility for a Head Start program; and
(F)
such other information and assurances as the Secretary may require.
(3)
Upon a determination by the Secretary that suitable facilities are not otherwise available to Indian tribes to carry out Head Start programs, and that the lack of suitable facilities will inhibit the operation of such programs, the Secretary, in the discretion of the Secretary, may authorize the use of financial assistance to make payments for the purchase of facilities owned by such tribes. The amount of such a payment for such a facility shall not exceed the fair market value of the facility.
(g)
(1)
Upon a determination by the Secretary that suitable facilities (including public school facilities) are not otherwise available to Indian tribes, rural communities, and other low-income communities to carry out Head Start programs, that the lack of suitable facilities will inhibit the operation of such programs, and that construction of such facilities is more cost effective than purchase of available facilities or renovation, the Secretary, in the discretion of the Secretary, may authorize the use of financial assistance under this subchapter to make payments for capital expenditures related to facilities that will be used to carry out such programs. The Secretary shall establish uniform procedures for Head Start agencies to request approval for such payments, and shall promote, to the extent practicable, the collocation of Head Start programs with other programs serving low-income children and families.
(2)
Such payments may be used for capital expenditures (including paying the cost of amortizing the principal, and paying interest on, loans) such as expenditures for—
(A)
construction of facilities that are not in existence on the date of the determination;
(B)
major renovation of facilities in existence on such date; and
(C)
purchase of vehicles used for programs conducted at the Head Start facilities.
(3)
All laborers and mechanics employed by contractors or subcontractors in the construction or renovation of facilities to be used to carry out Head Start programs shall be paid wages at not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with the Act of March 3, 1931, as amended (40 U.S.C. 276a et seq., commonly known as the “Davis-Bacon Act”).
(h)
In all personnel actions of the American Indian Programs Branch of the Head Start Bureau of the Administration for Children and Families, the Secretary shall give the same preference to individuals who are members of an Indian tribe as the Secretary gives to a disabled veteran, as defined in section 2108(3)(C) of title 5, United States Code. The Secretary shall take such additional actions as may be necessary to promote recruitment of such individuals for employment in the Administration.
[42 U.S.C. 9839]

participation in head start programs
Sec. 645.
(a)
(a)
(1)
(A)6
The Secretary shall by regulation prescribe eligibility for the participation of persons in Head Start programs assisted under this subchapter.
^6
So in law. See the amendment made to section 645 by section 14(1)(A) of Public Law 110–134.
(B)
Except as provided in paragraph (2), such regulation shall provide—
(i)
that children from low-income families shall be eligible for participation in programs assisted under this subchapter if their families' incomes are below the poverty line, or if their families are eligible or, in the absence of child care, would potentially be eligible for public assistance;
(ii)
that homeless children shall be deemed to be eligible for such participation;
(iii)
that programs assisted under this subchapter may include—
(I)
to a reasonable extent (but not to exceed 10 percent of participants), participation of children in the area served who would benefit from such programs but who are not eligible under clause (i) or (ii); and
(II)
from the area served, an additional 35 percent of participants who are not eligible under clause (i) or (ii) and whose families have incomes below 130 percent of the poverty line, if—
- (aa)
the Head Start agency involved establishes and implements outreach and enrollment policies and procedures that ensure such agency is meeting the needs of children eligible under clause (i) or (ii) (or subclause (I) if the child involved has a disability) prior to meeting the needs of children eligible under this subclause; and
- (bb)
in prioritizing the selection of children to be served, the Head Start agency establishes criteria that provide that the agency will serve children eligible under clause (i) or (ii) prior to serving the children eligible under this subclause;
(iv)
that any Head Start agency serving children eligible under clause (iii)(II) shall report annually to the Secretary information on—
(I)
how such agency is meeting the needs of children eligible under clause (i) or (ii), in the area served, including local demographic data on families of children eligible under clause (i) or (ii);
(II)
the outreach and enrollment policies and procedures established by the agency that ensure the agency is meeting the needs of children eligible under clause (i) or (ii) (or clause (iii)(I) if the child involved has a disability) prior to meeting the needs of children eligible under clause (iii)(II);
(III)
the efforts, including outreach efforts (that are appropriate to the community involved), of such agency to be fully enrolled with children eligible under clause (i) or (ii);
(IV)
the policies, procedures, and selection criteria such agency is implementing to serve eligible children, consistent with clause (iii)(II);
(V)
the agency's enrollment level, and enrollment level over the fiscal year prior to the fiscal year in which the report is submitted;
(VI)
the number of children served by the agency, disaggregated by whether such children are eligible under clause (i), clause (ii), clause (iii)(I), or clause (iii)(II); and
(VII)
the eligibility criteria category of the children on the agency's waiting list;
(v)
that a child who has been determined to meet the eligibility criteria described in this subparagraph and who is participating in a Head Start program in a program year shall be considered to continue to meet the eligibility criteria through the end of the succeeding program year.
(C)
In determining, for purposes of this paragraph, whether a child who has applied for enrollment in a Head Start program meets the eligibility criteria, an entity may consider evidence of family income during the 12 months preceding the month in which the application is submitted, or during the calendar year preceding the calendar year in which the application is submitted, whichever more accurately reflects the needs of the family at the time of application.
(2)
Whenever a Head Start program is operated in a community with a population of 1,000 or less individuals and—
(A)
there is no other preschool program in the community;
(B)
the community is located in a medically underserved area, as designated by the Secretary pursuant to section 330(b)(3)7 of the Public Health Service Act and is located in a health professional shortage area, as designated by the Secretary pursuant to section 332(a)(1) of such Act;
^7
So in law. The reference made to “section 330(b)(3)” in section 645(a)(2)(B) probably should be to “section 330A(b)(3)”. Section 3 of Public Law 104–299 (110 Stat. 3642) redesignated section 330 of the Public Health Service Act as section 330A.
(C)
the community is in a location which, by reason of remoteness, does not permit reasonable access to the types of services described in clauses (A) and (B); and
(D)
not less than 50 percent of the families to be served in the community are eligible under the eligibility criteria established by the Secretary under paragraph (1);
the Head Start program in each such locality shall establish the criteria for eligibility, except that no child residing in such community whose family is eligible under such eligibility criteria shall, by virtue of such project's eligibility criteria, be denied an opportunity to participate in such program. During the period beginning on the date of the enactment of the Human Services Reauthorization Act and ending on October 1, 1994, and unless specifically authorized in any statute of the United States enacted after such date of enactment, the Secretary may not make any change in the method, as in effect on April 25, 1984, of calculating income used to prescribe eligibility for the participation of persons in the Head Start programs assisted under this subchapter if such change would result in any reduction in, or exclusion from, participation of persons in any of such programs.
(3)
(A)
In this paragraph:
(i)
The term “dependent” has the meaning given the term in paragraphs (2)(A) and (4)(A)(i) of section 401(a) of title 37, United States Code.
(ii)
The terms “member” and “uniformed services” have the meanings given the terms in paragraphs (23) and (3), respectively, of section 101 of title 37, United States Code.
(B)
The following amounts of pay and allowance of a member of the uniformed services shall not be considered to be income for purposes of determining the eligibility of a dependent of such member for programs funded under this subchapter:
(i)
The amount of any special pay payable under section 310 or 351 of title 37, United States Code, relating to duty subject to hostile fire or imminent danger.
(ii)
The amount of basic allowance payable under section 403 of such title, including any such amount that is provided on behalf of the member for housing that is acquired or constructed under the alternative authority for the acquisition and improvement of military housing under subchapter IV of chapter 169 of title 10, United States Code, or any other related provision of law.
(4)
After demonstrating a need through a communitywide strategic planning and needs assessment, a Head Start agency may apply to the Secretary to convert part-day sessions, particularly consecutive part-day sessions, into full-working-day sessions.
(5)
(A)
Upon written request and pursuant to the requirements of this paragraph, a Head Start agency may use funds that were awarded under this subchapter to serve children age 3 to compulsory school age, in order to serve infants and toddlers if the agency submits an application to the Secretary containing, as specified in rules issued by the Secretary, all of the following information:
(i)
The amount of such funds that are proposed to be used in accordance with section 645A(b).
(ii)
A communitywide strategic planning and needs assessment demonstrating how the use of such funds would best meet the needs of the community.
(iii)
A description of how the needs of pregnant women, and of infants and toddlers, will be addressed in accordance with section 645A(b), and with regulations prescribed by the Secretary pursuant to section 641A in areas including the agency's approach to child development and provision of health services, approach to family and community partnerships, and approach to program design and management.
(iv)
A description of how the needs of eligible children will be met in the community.
(v)
Assurances that the agency will participate in technical assistance activities (including planning, start-up site visits, and national training activities) in the same manner as recipients of grants under section 645A.
(vi)
Evidence that the agency meets the same eligibility criteria as recipients of grants under section 645A.
(B)
An application that satisfies the requirements specified in subparagraph (A) shall be approved by the Secretary unless the Secretary finds that—
(i)
the agency lacks adequate capacity and capability to carry out an effective Early Head Start program; or
(ii)
the information provided under subparagraph (A) is inadequate.
(C)
In approving such applications, the Secretary shall take into account the costs of serving persons under section 645A.
(D)
Any Head Start agency with an application approved under subparagraph (B) shall be considered to be an Early Head Start agency and shall be subject to the same rules, regulations, and conditions as apply to recipients of grants under section 645A, with respect to activities carried out under this paragraph.
(b)
The Secretary shall not prescribe any fee schedule or otherwise provide for the charging of any fees for participation in Head Start programs, unless such fees are authorized by legislation hereafter enacted. Nothing in this subsection shall be construed to prevent the families of children who participate in Head Start programs and who are willing and able to pay the full cost of such participation from doing so. A Head Start agency that provides a Head Start program with full-working-day services in collaboration with other agencies or entities may collect a family copayment to support extended day services if a copayment is required in conjunction with the collaborative. The copayment charged to families receiving services through the Head Start program shall not exceed the copayment charged to families with similar incomes and circumstances who are receiving the services through participation in a program carried out by another agency or entity.
(c)
Each Head Start program operated in a community shall be permitted to provide more than 1 year of Head Start services to eligible children in the State. Each Head Start program operated in a community shall be permitted to recruit and accept applications for enrollment of children throughout the year.
(d)
(1)
An Indian tribe that—
(A)
operates a Head Start program;
(B)
enrolls as participants in the program all children in the community served by the tribe (including a community that is an off-reservation area, designated by an appropriate tribal government, in consultation with the Secretary) from families that meet the low-income criteria prescribed under subsection (a)(1)(A); and
(C)
has the resources to enroll additional children in the community who do not meet the low-income criteria;
may enroll such additional children in a Head Start program, in accordance with this subsection, if the program predominantly serves children who meet the low-income criteria.
(2)
The Indian tribe shall enroll the children in the Head Start program in accordance with such requirements as the Secretary may specify by regulation promulgated after consultation with Indian tribes.
(3)
Notwithstanding any other provision of this Act, an Indian tribe or tribes that operates both an Early Head Start program under section 645A and a Head Start program may, at its discretion, at any time during the grant period involved, reallocate funds between the Early Head Start program and the Head Start program in order to address fluctuations in client populations, including pregnant women and children from birth to compulsory school age. The reallocation of such funds between programs by an Indian tribe or tribes during a year shall not serve as the basis for the Secretary to reduce a base grant (as defined in section 640(a)(7)) for either program in succeeding years.
[42 U.S.C. 9840]
SEC. 645A.

EARLY HEAD START PROGRAMS.
(a)

In General.—
The Secretary shall make grants to entities (referred to in this subchapter as “Early Head Start agencies”) in accordance with this section for programs (referred to in this subchapter as “Early Head Start programs”) providing family-centered services for low-income families with very young children designed to promote the development of the children, and to enable their parents to fulfill their roles as parents and to move toward self-sufficiency.
(b)

Scope and Design of Programs.—
In carrying out a program described in subsection (a), an entity receiving assistance under this section shall—
(1)
provide, either directly or through referral, early, continuous, intensive, and comprehensive child development and family support services that will enhance the physical, social, emotional, and intellectual development of participating children;
(2)
ensure that the level of services provided to families responds to their needs and circumstances;
(3)
promote positive parent-child interactions;
(4)
provide services to parents to support their role as parents (including parenting skills training and training in basic child development) and services to help the families move toward self-sufficiency (including educational and employment services, as appropriate);
(5)
coordinate services with services provided by programs in the State (including home-based services) and programs in the community (including programs for infants and toddlers with disabilities and programs for homeless infants and toddlers) to ensure a comprehensive array of services (such as health and mental health services and family support services);
(6)
ensure that children with documented behavioral problems, including problems involving behavior related to prior or existing trauma, receive appropriate screening and referral;
(7)
ensure formal linkages with local Head Start programs in order to provide for continuity of services for children and families;
(8)
develop and implement a systematic procedure for transitioning children and parents from an Early Head Start program to a Head Start program or other local early childhood education and development program;
(9)
establish channels of communication between staff of the Early Head Start program, and staff of a Head Start program or other local providers of early childhood education and development programs, to facilitate the coordination of programs;
(10)
in the case of a Head Start agency that operates a program and that also provides Head Start services through the age of mandatory school attendance, ensure that children and families participating in the program receive such services through such age;
(11)
ensure formal linkages with providers of early intervention services for infants and toddlers with disabilities under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), with the State interagency coordinating council, as established in part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.), and with the agency responsible for administering section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a);8
^8
So in law. Probably should be “; and” at the end of paragraph (11).
(12)
meet such other requirements concerning design and operation of the program described in subsection (a) as the Secretary may establish.
(c)

Persons Eligible To Participate.—
Persons who may participate in programs described in subsection (a) include—
(1)
pregnant women; and
(2)
families with children under age 3;
who meet the eligibility criteria specified in section 645(a)(1), including the criteria specified in section 645(a)(1)(B)(ii).
(d)

Eligible Service Providers.—
To be eligible to receive assistance under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Entities that may apply to carry out activities under this section include—
(1)
entities operating Head Start programs under this subchapter;
(2)
entities operating Indian Head Start programs or migrant or seasonal Head Start programs; and
(3)
other public entities, and nonprofit or for-profit private entities, including community-based and faith-based organizations, capable of providing child and family services that meet the standards for participation in programs under this subchapter and meet such other appropriate requirements relating to the activities under this section as the Secretary may establish.
(e)

Selection of Grant Recipients.—
The Secretary shall award grants under this section on a competitive basis to applicants meeting the criteria specified in subsection (d) (giving priority to entities with a record of providing early, continuous, and comprehensive childhood development and family services).
(f)

Distribution.—
In awarding grants to eligible applicants under this section, the Secretary shall—
(1)
ensure an equitable national geographic distribution of the grants; and
(2)
award grants to applicants proposing to serve communities in rural areas and to applicants proposing to serve communities in urban areas.
(g)

Monitoring, Training, Technical Assistance, and Evaluation.—
(1)

Requirement.—
In order to ensure the successful operation of programs assisted under this section, the Secretary shall use funds made available under section 640(a)(2)(E) to monitor the operation of such programs, and funds made available under section 640(a)(2)(C)(i)(I) to provide training and technical assistance tailored to the particular needs of such programs, consistent with section 640(c).
(2)

Training and technical assistance.—
(A)

Activities.—
Of the portion set aside under section 640(a)(2)(C)(i)(I)—
(i)
not less than 50 percent shall be made available to Early Head Start agencies to use directly, which may include, at their discretion, the establishment of local or regional agreements with community experts, institutions of higher education, or private consultants, for training and technical assistance activities in order to make program improvements identified by such agencies;
(ii)
not less than 25 percent shall be available to the Secretary to support a State-based training and technical assistance system, or a national system, described in section 648(e), including infant and toddler specialists, to support Early Head Start agencies, consistent with subparagraph (B); and
(iii)
the remainder of such amount shall be made available to the Secretary to assist Early Head Start agencies in meeting and exceeding the standards described in section 641A(a)(1) (directly, or through grants, contracts, or other agreements or arrangements with an entity with demonstrated expertise relating to infants, toddlers, and families) by—
(I)
providing ongoing training and technical assistance to Early Head Start agencies, including developing training and technical assistance materials and resources to support program development and improvement and best practices in providing services to children and families served by Early Head Start programs;
(II)
supporting a national network of infant and toddler specialists designed to improve the quality of Early Head Start programs;
(III)
providing ongoing training and technical assistance on Early Head Start program development and improvement for regional staff charged with monitoring and overseeing the administration of the program carried out under this section; and
(IV)
if funds remain after the activities described in subclauses (I), (II), and (III) are carried out, carry out 1 or more of the following activities:
- (aa)
Providing support and program planning and implementation assistance for new Early Head Start agencies, including for agencies who want to use funds as described in section 645(a)(5) to serve infants and toddlers.
- (bb)
Creating special training and technical assistance initiatives targeted to serving high-risk populations, such as children in the child welfare system and homeless children.
- (cc)
Providing professional development designed to increase program participation for underserved populations of eligible children.
(B)

Contracts.—
For the purposes of supporting a State-based system, as described in subparagraph (A)(ii), that will meet the needs of Early Head Start agencies and provide high-quality, sustained, and intensive training and technical assistance on programming for infants and toddlers to Early Head Start agencies, and in order to help such agencies meet or exceed the standards described in section 641A(a)(1), the Secretary shall—
(i)
use funds reserved under subparagraph (A)(ii) in combination with funds reserved under section 640(a)(2)(C)(i)(II)(bb) to ensure the contracts described in section 648(e)(1) provide for a minimum of 1 full-time specialist with demonstrated expertise in the development of infants and toddlers; and
(ii)
ensure that such contracts and the services provided in the contracts are integrated with and augment the contracts awarded and services provided under section 648(e);9
^9
So in law. The semicolon at the end of subsection (g) probably should be a period.
(h)

Center-Based Staff.—
The Secretary shall—
(1)
ensure that, not later than September 30, 2010, all teachers providing direct services to children and families participating in Early Head Start programs located in Early Head Start centers, have a minimum of a child development associate credential, and have been trained (or have equivalent coursework) in early childhood development; and
(2)
establish staff qualification goals to ensure that not later than September 30, 2012, all such teachers have been trained (or have equivalent coursework) in early childhood development with a focus on infant and toddler development.
(i)

Staff Qualifications and Development.—
(1)

Home visitor staff standards.—
In order to further enhance the quality of home visiting services provided to families of children participating in home-based, center-based, or combination program options under this subchapter, the Secretary shall establish standards for training, qualifications, and the conduct of home visits for home visitor staff in Early Head Start programs.
(2)

Contents of standards.—
The standards for training, qualifications, and the conduct of home visits shall include content related to—
(A)
structured child-focused home visiting that promotes parents' ability to support the child's cognitive, social, emotional, and physical development;
(B)
effective strengths-based parent education, including methods to encourage parents as their child's first teachers;
(C)
early childhood development with respect to children from birth through age 3;
(D)
methods to help parents promote emergent literacy in their children from birth through age 3, including use of research-based strategies to support the development of literacy and language skills for children who are limited English proficient;
(E)
ascertaining what health and developmental services the family receives and working with providers of these services to eliminate gaps in service by offering annual health, vision, hearing, and developmental screening for children from birth to entry into kindergarten, when needed;
(F)
strategies for helping families coping with crisis; and
(G)
the relationship of health and well-being of pregnant women to prenatal and early child development.
[42 U.S.C. 9840a]

appeals, notice, and hearing
Sec. 646.
(a)
The Secretary shall prescribe—
(1)
procedures to assure that special notice of and an opportunity for a timely and expeditious appeal to the Secretary will be provided for an agency or organization which desires to serve as a delegate agency under this subchapter and whose application to the Head Start agency has been wholly or substantially rejected or has not been acted upon within a period of time deemed reasonable by the Secretary, in accordance with regulations which the Secretary shall prescribe;
(2)
procedures to assure that financial assistance under this subchapter shall not be suspended, except in emergency situations, unless the recipient agency has been given reasonable notice and opportunity to show cause why such action should not be taken;
(3)
procedures to assure that financial assistance under this subchapter may be terminated or reduced, and an application for refunding may be denied, after the recipient has been afforded reasonable notice and opportunity for a full and fair hearing, including—
(A)
a right to file a notice of appeal of a decision not later than 30 days after notice of the decision from the Secretary; and
(B)
access to a full and fair hearing of the appeal, not later than 120 days after receipt by the Secretary of the notice of appeal;
(4)
procedures (including mediation procedures) are developed and published, to be used in order to—
(A)
resolve in a timely manner conflicts potentially leading to an adverse action between—
(i)
recipients of financial assistance under this subchapter; and
(ii)
delegate agencies, or policy councils of Head Start agencies;
(B)
avoid the need for an administrative hearing on an adverse action; and
(C)
prohibit a Head Start agency from expending financial assistance awarded under this subchapter for the purpose of paying legal fees, or other costs incurred, pursuant to an appeal under paragraph (3);
(5)
procedures to assure that the Secretary may suspend financial assistance to a recipient under this subchapter—
(A)
except as provided in subparagraph (B), for not more than 30 days; or
(B)
in the case of a recipient under this subchapter that has multiple and recurring deficiencies for 180 days or more and has not made substantial and significant progress toward meeting the goals of the grantee's quality improvement plan or eliminating all deficiencies identified by the Secretary, during the hearing of an appeal described in paragraph (3), for any amount of time; and
(6)
procedures to assure that in cases where a Head Start agency prevails in a decision under paragraph (4), the Secretary may determine and provide a reimbursement to the Head Start agency for fees deemed reasonable and customary.
(b)
In prescribing procedures for the mediation described in subsection (a)(4), the Secretary shall specify—
(1)
the date by which a Head Start agency engaged in a conflict described in subsection (a)(4) will notify the appropriate regional office of the Department of the conflict; and
(2)
a reasonable period for the mediation.
(c)
The Secretary shall also specify—
(1)
a timeline for an administrative hearing, if necessary, on an adverse action; and
(2)
a timeline by which the person conducting the administrative hearing shall issue a decision based on the hearing.
(d)
In any case in which a termination, reduction, or suspension of financial assistance under this subchapter is upheld in an administrative hearing under this section, such termination, reduction, or suspension shall not be stayed pending any judicial appeal of such administrative decision.
(e)
(1)
The Secretary shall by regulation specify a process by which an Indian tribe may identify and establish an alternative agency, and request that the alternative agency be designated under section 641 as the Head Start agency providing services to the tribe, if—
(A)
the Secretary terminates financial assistance under section 646 to the only agency that was receiving financial assistance to provide Head Start services to the Indian tribe; and
(B)
the tribe would otherwise be precluded from providing such services to the members of the tribe.
(2)
The regulation required by this subsection shall prohibit such designation of an alternative agency that includes an employee who—
(A)
served on the administrative staff or program staff of the agency described in paragraph (1)(A); and
(B)
was responsible for a deficiency that—
(i)
relates to the performance standards or financial management standards described in section 641A(a)(1); and
(ii)
was the basis for the termination of financial assistance described in paragraph (1)(A);
as determined by the Secretary after providing the notice and opportunity described in subsection (a)(3).
[42 U.S.C. 9841]

records and audits
Sec. 647.
(a)
Each recipient of financial assistance under this subchapter shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such financial assistance, the total cost of the project or undertaking in connection with which such financial assistance is given or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.
(b)
The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients that are pertinent to the financial assistance received under this subchapter.
(c)
Each recipient of financial assistance under this subchapter shall—
(1)
maintain, and annually submit to the Secretary, a complete accounting of the recipient's administrative expenses (including a detailed statement identifying the amount of financial assistance provided under this subchapter used to pay expenses for salaries and compensation and the amount (if any) of other funds used to pay such expenses);
(2)
not later than 30 days after the date of completion of an audit conducted in the manner and to the extent provided in chapter 75 of title 31, United States Code (commonly known as the “Single Audit Act of 1984”), submit to the Secretary a copy of the audit management letter and of any audit findings as they relate to the Head Start program; and
(3)
provide such additional documentation as the Secretary may require.
[42 U.S.C. 9842]
SEC. 648.

TECHNICAL ASSISTANCE AND TRAINING.
(a)

Secretarial Training and Technical Assistance.—
(1)

Authority.—
From the funds provided under section 640(a)(2)(C)(i), the Secretary shall provide, directly or through grants, contracts, or other agreements or arrangements as the Secretary considers appropriate, technical assistance and training for Head Start programs for the purposes of improving program quality and helping prepare children to succeed in school.
(2)

Process.—
The process for determining the technical assistance and training activities to be carried out under this section shall—
(A)
ensure that the needs of local Head Start agencies and programs relating to improving program quality and to program expansion are addressed to the maximum extent practicable; and
(B)
incorporate mechanisms to ensure responsiveness to local needs, including an ongoing procedure for obtaining input from the individuals and agencies carrying out Head Start programs.
(3)

Activities.—
In providing training and technical assistance and for allocating resources for such assistance under this section, the Secretary shall—
(A)
give priority consideration to—
(i)
activities to correct program and management deficiencies identified through reviews carried out pursuant to section 641A(c) (including the provision of assistance to local programs in the development of quality improvement plans under section 641A(d)(2));
(ii)
assisting Head Start agencies in ensuring the school readiness of children; and
(iii)
activities that supplement those funded with amounts provided under section 640(a)(5)(B) to address the training and career development needs of classroom staff (including instruction for providing services to children with disabilities and non-classroom staff, including home visitors and other staff working directly with families, including training relating to increasing parent involvement and services designed to increase family literacy and improve parenting skills; and
(B)
to the maximum extent practicable—
(i)
assist Head Start agencies in the development of collaborative initiatives with States and other entities within the States, to foster effective professional development systems for early childhood education and development services;
(ii)
provide technical assistance and training, either directly or through a grant, contract, or cooperative agreement with an entity that has experience in the development and operation of successful family literacy services programs, for the purpose of—
(I)
assisting Head Start agencies providing family literacy services, in order to improve the quality of such family literacy services; and
(II)
enabling those Head Start agencies that demonstrate effective provision of family literacy services, based on improved outcomes for children and their parents, to provide technical assistance and training to other Head Start agencies and to service providers that work in collaboration with such agencies to provide family literacy services;
(iii)
assist Head Start agencies and programs in conducting and participating in communitywide strategic planning and needs assessments, including the needs of homeless children and their families, and in conducting self-assessments;
(iv)
assist Head Start agencies and programs in developing and implementing full-working-day and full calendar year programs where community need is clearly identified and making the transition to such programs, with particular attention to involving parents and programming for children throughout the day, and assist the agencies and programs in expediting the sharing of information about innovative models for providing full-working-day, full calendar year services for children;
(v)
assist Head Start agencies in better serving the needs of families with very young children, including providing support and program planning and implementation assistance for Head Start agencies that apply to serve or are serving additional infants and toddlers, in accordance with section 645(a)(5);
(vi)
assist Head Start agencies and programs in the development of sound management practices, including financial management procedures;
(vii)
assist in efforts to secure and maintain adequate facilities for Head Start programs;
(viii)
assist Head Start agencies in developing innovative program models, including mobile and home-based programs;
(ix)
provide support for Head Start agencies (including policy councils and policy committees) that meet the standards described in section 641A(a) but that have, as documented by the Secretary through reviews conducted pursuant to section 641A(c), programmatic, quality, and fiscal issues to address;
(x)
assist Head Start agencies and programs in improving outreach to, increasing program participation of, and improving the quality of services available to meet the unique needs of—
(I)
homeless children;
(II)
limited English proficient children and their families, particularly in communities that have experienced a large percentage increase in the population of limited English proficient individuals, as measured by the Bureau of the Census; and
(III)
children with disabilities, particularly if such program's enrollment opportunities or funded enrollment for children with disabilities is less than 10 percent;
(xi)
assist Head Start agencies and programs to increase the capacity of classroom staff to meet the needs of eligible children in Head Start classrooms that are serving both children with disabilities and children without disabilities;
(xii)
assist Head Start agencies and programs to address the unique needs of programs located in rural communities, including—
(I)
removing barriers related to the recruitment and retention of Head Start teachers in rural communities;
(II)
developing innovative and effective models of professional development for improving staff qualifications and skills for staff living in rural communities;
(III)
removing barriers related to outreach efforts to eligible families in rural communities;
(IV)
removing barriers to parent involvement in Head Start programs in rural communities;
(V)
removing barriers to providing home visiting services in rural communities; and
(VI)
removing barriers to obtaining health screenings for Head Start participants in rural communities;
(xiii)
provide training and technical assistance to members of governing bodies, policy councils, and, as appropriate, policy committees, to ensure that the members can fulfill their functions;
(xiv)
provide activities that help ensure that Head Start programs have qualified staff who can promote prevention of childhood obesity by integrating developmentally appropriate research-based initiatives that stress the importance of physical activity and healthy, nutritional choices in daily classroom and family routines;
(xv)
assist Indian Head Start agencies to provide on-site and off-site training to staff, using approaches that identify and enhance the positive resources and strengths of Indian children and families, to improve parent and family engagement and staff development, particularly with regard to child and family development; and
(xvi)
assisting Head Start agencies in selecting and using the measures described in section 641A(b).
(b)

Additional Support.—
The Secretary shall provide, either directly or through grants, contracts or other arrangements, funds from section 640(a)(2)(C)(i)(II)(cc) to—
(1)
support an organization to administer a centralized child development and national assessment program leading to recognized credentials for personnel working in early childhood education and development programs; and
(2)
support training for personnel—
(A)
providing services to limited English proficient children and their families (including services to promote the acquisition of the English language);
(B)
providing services to children determined to be abused or neglected or children referred by or receiving child welfare services;
(C)
in helping children cope with community violence;
(D)
to recognize common health, including mental health, problems in children for appropriate referral;
(E)
to address the needs of children with disabilities and their families;
(F)
to address the needs of migrant and seasonal farmworker families; and
(G)
to address the needs of homeless families.
(c)

Outreach.—
The Secretary shall develop and implement a program of outreach to recruit and train professionals from diverse backgrounds to become Head Start teachers in order to reflect the communities in which Head Start children live and to increase the provision of quality services and instruction to children with diverse backgrounds.
(d)

Funds to Agencies.—
Funds made available under section 640(a)(2)(C)(i)(II)(aa) shall be used by a Head Start agency to provide high-quality, sustained, and intensive training and technical assistance as follows:
(1)
For 1 or more of the following:
(A)
Activities that ensure that Head Start programs meet or exceed the standards described in section 641A(a)(1).
(B)
Activities that ensure that Head Start programs have adequate numbers of trained, qualified staff who have skills in working with children and families, including children and families who are limited English proficient and children with disabilities and their families.
(C)
Activities to improve the management and implementation of Head Start services and systems, including direct training for expert consultants working with staff.
(D)
Activities that help ensure that Head Start programs have qualified staff who can promote language skills and literacy growth of children and who can provide children with a variety of skills that have been identified as predictive of later reading achievement, school success, and the skills, knowledge, abilities, development, and progress described in section 641A(a)(1)(B)(ii).
(E)
Activities to improve staff qualifications and to assist with the implementation of career development programs and to encourage the staff to continually improve their skills and expertise, including developing partnerships with programs that recruit, train, place, and support college students in Head Start centers to deliver an innovative early learning program to preschool children.
(F)
Activities that help local programs ensure that the arrangement, condition, and implementation of the learning environments in Head Start programs are conducive to providing effective program services to children and families.
(G)
Activities to provide training necessary to improve the qualifications of Head Start staff and to support staff training, child counseling, health services, and other services necessary to address the needs of children enrolled in Head Start programs, including children from families in crises, children who experience chronic violence or homelessness, children who experience substance abuse in their families, and children under 3 years of age, where applicable.
(H)
Activities to provide classes or in-service-type programs to improve or enhance parenting skills, job skills, and adult and family literacy, including financial literacy, or training to become a classroom aide or bus driver in a Head Start program.
(I)
Additional activities deemed appropriate to the improvement of Head Start programs, as determined by the technical assistance and training plans of the Head Start agencies.
(2)
To support enhanced early language and literacy development of children in Head Start programs, and to provide the children with high-quality oral language skills and with environments that are rich in literature in which to acquire language and early literacy skills. Each Head Start agency, in consultation with the State-based training and technical assistance system, as appropriate, shall ensure that—
(A)
all of the agency's Head Start teachers receive ongoing training in language and emergent literacy (referred to in this subsection as “literacy training”), including appropriate curricula and assessment to improve instruction and learning;
(B)
such literacy training shall include training in methods to promote vocabulary development and phonological awareness (including phonemic awareness) in a developmentally, culturally, and linguistically appropriate manner and support children's development in their native language;
(C)
the literacy training shall include training in how to work with parents to enhance positive language and early literacy development at home;
(D)
the literacy training shall include specific methods to best address the needs of children who are limited English proficient;
(E)
the literacy training shall include training on how to best address the language and literacy needs of children with disabilities, including training on how to work with specialists in language development; and
(F)
the literacy training shall be tailored to the early childhood literacy background and experience of the teachers involved;
except that funds made available under section 640(a)(2)(C)(i) shall not be used for long-distance travel expenses for training activities available locally or regionally or for training activities substantially similar to locally or regionally available training activities.
(e)

State-Based Training and Technical Assistance System.—
For the purposes of delivering a State-based training and technical assistance system (which may include a consortium of 2 or more States within a region) or a national system in the case of migrant or seasonal Head Start and Indian Head Start programs, as described in section 640(a)(2)(C)(i)(II)(bb), that will meet the needs of local grantees, as determined by such grantees, and provide high-quality, sustained, and intensive training and technical assistance to Head Start agencies and programs in order to improve their capacity to deliver services that meet or exceed the standards described in section 641A(a)(1), the Secretary shall—
(1)
enter into contracts in each State with 1 or more entities that have a demonstrated expertise in supporting the delivery of high-quality early childhood education and development programs, except that contracts for a consortium of 2 or more States within a geographic region may be entered into if such a system is more appropriate to better meet the needs of local grantees within a region, as determined by such grantees;
(2)
ensure that the entities described in subparagraph (1) determine the types of services to be provided through consultation with—
(A)
local Head Start agencies (including Indian Head Start agencies and migrant or seasonal Head Start agencies, as appropriate);
(B)
the State Head Start collaboration office; and
(C)
the State Head Start Association;
(3)
encourage States to supplement the funds authorized in section 640(a)(2)(C)(i)(II)(bb) with Federal, State, or local funds other than funds made available under this subchapter, to expand training and technical assistance activities beyond Head Start agencies to include other providers of other early childhood education and development programs within a State;
(4)
provide a report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, not later than 90 days after the end of the fiscal year, summarizing the funding for such contracts and the activities carried out thereunder;
(5)
periodically evaluate the effectiveness of the delivery of services in each State in promoting program quality; and
(6)
ensure that in entering into such contracts as described in paragraph (1), such entities will address the needs of grantees in both urban and rural communities.
(f)

Indoor Air Quality.—
The Secretary shall consult with appropriate Federal agencies and other experts, as appropriate, on issues of air quality related to children's health and inform Head Start agencies of existing programs or combination of programs that provide methods for improving indoor air quality.
(g)

Career Advancement Partnership Program.—
(1)

Authority.—
From amounts allocated under section 640(a)(2)(C) the Secretary is authorized to award demonstration grants, for a period of not less than 5 years, to historically Black colleges and universities, Hispanic-serving institutions, and Tribal Colleges and Universities—
(A)
to implement education programs that increase the number of associate, baccalaureate, and graduate degrees in early childhood education and related fields that are earned by Head Start agency staff members, parents of children served by such agencies, and members of the communities involved;
(B)
to provide assistance for stipends and costs related to tuition, fees, and books for enrolling Head Start agency staff members, parents of children served by such an agency, and members of the communities involved in courses required to complete the degree and certification requirement to become teachers in early childhood education and related fields;
(C)
to develop program curricula to promote high-quality services and instruction to children with diverse backgrounds, including—
(i)
in the case of historically Black colleges and universities, to help Head Start Agency staff members develop skills and expertise needed to teach in programs serving large numbers of African American children;
(ii)
in the case of Hispanic-serving institutions, programs to help Head Start Agency staff members develop skills and expertise needed to teach in programs serving large numbers of Hispanic children, including programs to develop the linguistic skills and expertise needed to teach in programs serving a large number of children with limited English proficiency; and
(iii)
in the case of Tribal Colleges and Universities, to help Head Start Agency staff members develop skills and expertise needed to teach in programs serving large numbers of Indian children, including programs concerning tribal culture and language;
(D)
to provide other activities to upgrade the skills and qualifications of educational personnel to meet the professional standards in subsection (a) to better promote high-quality services and instruction to children and parents from populations served by historically Black colleges and universities, Hispanic-serving institutions, or Tribal Colleges and Universities;
(E)
to provide technology literacy programs for Indian Head Start agency staff members and families of children served by such agency; and
(F)
to develop and implement the programs described under subparagraph (A) in technology-mediated formats, including through such means as distance learning and use of advanced technology, as appropriate.
(2)

Other assistance.—
The Secretary shall, using resources within the Department of Health and Human Services—
(A)
provide appropriate technical assistance to historically Black colleges and universities, Hispanic-serving institutions, and Tribal Colleges and Universities receiving grants under this section, including coordinating with the White House Initiative on historically Black colleges and universities; and
(B)
ensure that the American Indian Programs Branch of the Office of Head Start of the Administration for Children and Families of the Department of Health and Human Services can effectively administer the programs under this section and provide appropriate technical assistance to Tribal Colleges and Universities under this section.
(3)

Application.—
Each historically Black college or university, Hispanic-serving institution, or Tribal College or University desiring a grant under this section shall submit an application, in partnership with at least 1 Head Start agency enrolling large numbers of students from the populations served by historically Black colleges and universities, Hispanic-serving institutions, or Tribal Colleges and Universities, to the Secretary, at such time, in such manner, and containing such information as the Secretary may require, including a certification that the institution of higher education has established a formal partnership with 1 or more Head Start agencies for the purposes of conducting the activities described in paragraph (1).
(4)

Definitions.—
In this subsection:
(A)
The term “Hispanic-serving institution” has the meaning given such term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a).
(B)
The term “historically Black college or university” has the meaning given the term “part B institution” in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)).
(C)
The term “Tribal College or University” has the meaning given such term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).
(5)

Teaching requirement.—
A student at an institution receiving a grant under this subsection who receives assistance under a program funded under this subsection shall teach in a center-based Head Start program for a period of time equivalent to the period for which they received assistance or shall repay such assistance.
[42 U.S.C. 9843]
SEC. 648A.

STAFF QUALIFICATIONS AND DEVELOPMENT.
(a)

Classroom Teachers.—
(1)

Professional requirements.—
The Secretary shall ensure that each Head Start classroom in a center-based program is assigned 1 teacher who has demonstrated competency to perform functions that include—
(A)
planning and implementing learning experiences that advance the intellectual and physical development of children, including improving the readiness of children for school by developing their literacy, phonemic, and print awareness, their understanding and use of language, their understanding and use of increasingly complex and varied vocabulary, their appreciation of books, their understanding of early math and early science, their problem-solving abilities, and their approaches to learning;
(B)
establishing and maintaining a safe, healthy learning environment;
(C)
supporting the social and emotional development of children; and
(D)
encouraging the involvement of the families of the children in a Head Start program and supporting the development of relationships between children and their families.
(2)

Degree requirements.—
(A)

Head start teachers.—
The Secretary shall ensure that not later than September 30, 2013, at least 50 percent of Head Start teachers nationwide in center-based programs have—
(i)
a baccalaureate or advanced degree in early childhood education; or
(ii)
a baccalaureate or advanced degree and coursework equivalent to a major relating to early childhood education, with experience teaching preschool-age children.
(B)

Additional staff.—
The Secretary shall ensure that, not later than September 30, 2013, all—
(i)
Head Start education coordinators, including those that serve as curriculum specialists, nationwide in center-based programs—
(I)
have the capacity to offer assistance to other teachers in the implementation and adaptation of curricula to the group and individual needs of children in a Head Start classroom; and
(II)
have—
- (aa)
a baccalaureate or advanced degree in early childhood education; or
- (bb)
a baccalaureate or advanced degree and coursework equivalent to a major relating to early childhood education, with experience teaching preschool-age children; and
(ii)
Head Start teaching assistants nationwide in center-based programs have—
(I)
at least a child development associate credential;
(II)
enrolled in a program leading to an associate or baccalaureate degree; or
(III)
enrolled in a child development associate credential program to be completed within 2 years.
(C)

Progress.—
(i)

Implementation.—
The Secretary shall—
(I)
require Head Start agencies to—
- (aa)
describe continuing progress each year toward achieving the goals described in subparagraphs (A) and (B); and
- (bb)
annually submit to the Secretary a report indicating the number and percentage of classroom personnel described in subparagraphs (A) and (B) in center-based programs with child development associate credentials or associate, baccalaureate, or advanced degrees;
(II)
compile and submit a summary of all program reports described in subclause (I)(bb) to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate; and
(III)
not impose any penalties or sanctions on any individual Head Start agency, program, or staff in the monitoring of local agencies and programs under this subchapter not meeting the requirements of subparagraph (A) or (B).
(D)

Construction.—
In this paragraph a reference to a Head Start agency, or its program, services, facility, or personnel, shall not be considered to be a reference to an Early Head Start agency, or its program, services, facility, or personnel.
(3)

Alternative credentialing and degree requirements.—
The Secretary shall ensure that, for center-based programs, each Head Start classroom that does not have a teacher who meets the qualifications described in clause (i) or (ii) of paragraph (2)(A) is assigned one teacher who has the following during the period specified:
(A)
Through September 30, 2011—
(i)
a child development associate credential that is appropriate to the age of children being served in center-based programs;
(ii)
a State-awarded certificate for preschool teachers that meets or exceeds the requirements for a child development associate credential;
(iii)
an associate degree in early childhood education;
(iv)
an associate degree in a related field and coursework equivalent to a major relating to early childhood education, with experience teaching preschool-age children; or
(v)
a baccalaureate degree and has been admitted into the Teach For America program, passed a rigorous early childhood content exam, such as the Praxis II, participated in a Teach For America summer training institute that includes teaching preschool children, and is receiving ongoing professional development and support from Teach For America's professional staff.
(B)
As of October 1, 2011—
(i)
an associate degree in early childhood education;
(ii)
an associate degree in a related field and coursework equivalent to a major relating to early childhood education, with experience teaching preschool-age children; or
(iii)
a baccalaureate degree and has been admitted into the Teach For America program, passed a rigorous early childhood content exam, such as the Praxis II, participated in a Teach For America summer training institute that includes teaching preschool children, and is receiving ongoing professional development and support from Teach For America's professional staff.
(4)

Waiver.—
On request, the Secretary shall grant—
(A)
through September 30, 2011, a 180-day waiver ending on or before September 30, 2011, of the requirements of paragraph (3)(A) for a Head Start agency that can demonstrate that the agency has attempted unsuccessfully to recruit an individual who has the qualifications described in any of clauses (i) through (iv) of paragraph (3)(A) with respect to an individual who—
(i)
is enrolled in a program that grants a credential, certificate, or degree described in clauses (i) through (iv) of paragraph (3)(A); and
(ii)
will receive such credential, certificate, or degree under the terms of such program not later than 180 days after beginning employment as a teacher with such agency; and
(B)
as of October 1, 2011, a 3-year waiver of the requirements of paragraph (3)(B) for a Head Start agency that can demonstrate that—
(i)
the agency has attempted unsuccessfully to recruit an individual who has the qualifications described in clause (i) or (ii) of such paragraph, with respect to an individual who is enrolled in a program that grants a degree described in clause (i) or (ii) of such paragraph and will receive such degree in a reasonable time; and
(ii)
each Head Start classroom has a teacher who has, at a minimum—
(I)
a child development associate credential that is appropriate to the age of children being served in center-based programs; or
(II)
a State-awarded certificate for preschool teachers that meets or exceeds the requirements for a child development associate credential.
(5)

Teacher in-service requirement.—
Each Head Start teacher shall attend not less than 15 clock hours of professional development per year. Such professional development shall be high-quality, sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction and the teacher's performance in the classroom, and regularly evaluated by the program for effectiveness.
(6)

Service requirements.—
The Secretary shall establish requirements to ensure that, in order to enable Head Start agencies to comply with the requirements of paragraph (2)(A), individuals who receive financial assistance under this subchapter to pursue a degree described in paragraph (2)(A) shall—
(A)
teach or work in a Head Start program for a minimum of 3 years after receiving the degree; or
(B)
repay the total or a prorated amount of the financial assistance received based on the length of service completed after receiving the degree.
(7)

Use of funds.—
The Secretary shall require that any Federal funds provided directly or indirectly to comply with paragraph (2)(A) shall be used toward degrees awarded by an institution of higher education, as defined by section 101 or 102 of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002).
(b)

Mentor Teachers.—
(1)

Definition; function.—
For purposes of this subsection, the term “mentor teacher” means an individual responsible for observing and assessing the classroom activities of a Head Start program and providing on-the-job guidance and training to the Head Start program staff and volunteers, in order to improve the qualifications and training of classroom staff, to maintain high quality education services, and to promote career development, in Head Start programs.
(2)

Requirement.—
In order to assist Head Start agencies in establishing positions for mentor teachers, the Secretary shall—
(A)
provide technical assistance and training to enable Head Start agencies to establish such positions;
(B)
give priority consideration, in providing assistance pursuant to subparagraph (A), to Head Start programs that have substantial numbers of new classroom staff or that are experiencing difficulty in meeting applicable education standards;
(C)
encourage Head Start programs to give priority consideration for such positions to Head Start teachers at the appropriate level of career advancement in such programs; and
(D)
promote the development of model curricula, designed to ensure the attainment of appropriate competencies of mentor teachers in Head Start programs.
(c)

Family Service Workers.—
To improve the quality and effectiveness of staff providing in-home and other services (including needs assessment, development of service plans, family advocacy, and coordination of service delivery) to families of children participating in Head Start programs, the Secretary, in coordination with concerned public and private agencies and organizations examining the issues of standards and training for family service workers, shall—
(1)
review and, as necessary, revise or develop new qualification standards for Head Start staff providing such services;
(2)
review, and as necessary, revise or develop maximum caseload requirements, as suggested by best practices;
(3)
promote the development of model curricula (on subjects including parenting training and family literacy) designed to ensure the attainment of appropriate competencies by individuals working or planning to work in the field of early childhood and family services;
(4)
promote the establishment of a credential that indicates attainment of the competencies and that is accepted nationwide; and
(5)
promote the use of appropriate strategies to meet the needs of special populations (including populations of limited English proficient children).
(d)

Head Start Fellowships.—
(1)

Authority.—
The Secretary may establish a program of fellowships, to be known as “Head Start Fellowships”, in accordance with this subsection. The Secretary may award the fellowships to individuals, to be known as “Head Start Fellows”, who are staff in local Head Start programs or other individuals working in the field of child development and family services.
(2)

Purpose.—
The fellowship program established under this subsection shall be designed to enhance the ability of Head Start Fellows to make significant contributions to programs authorized under this subchapter, by providing opportunities to expand their knowledge and experience through exposure to activities, issues, resources, and new approaches, in the field of child development and family services.
(3)

Assignments of fellows.—
(A)

Placement sites.—
Fellowship positions under the fellowship program may be located (subject to subparagraphs (B) and (C))—
(i)
in agencies of the Department of Health and Human Services administering programs authorized under this subchapter (in national or regional offices of such agencies);
(ii)
in local Head Start agencies and programs;
(iii)
in institutions of higher education;
(iv)
in public or private entities and organizations concerned with services to children and families; and
(v)
in other appropriate settings.
(B)

Limitation for fellows other than head start employees.—
A Head Start Fellow who is not an employee of a local Head Start agency or program may be placed only in a fellowship position located in an agency or program specified in clause (i) or (ii) of subparagraph (A).
(C)

No placement in lobbying organizations.—
Head Start Fellowship positions may not be located in any agency (including a center) whose primary purpose, or one of whose major purposes, is to influence Federal, State, or local legislation.
(4)

Selection of fellows.—
Head Start Fellowships shall be awarded on a competitive basis to individuals (other than Federal employees) selected from among applicants who are working, on the date of application, in local Head Start programs or otherwise working in the field of child development and children and family services.
(5)

Duration.—
Head Start Fellowships shall be for terms of 1 year, and may be renewed for a term of 1 additional year.
(6)

Authorized expenditures.—
From amounts made available under section 640(a)(2)(E), the Secretary is authorized to make expenditures of not to exceed $1,000,000 for any fiscal year, for stipends and other reasonable expenses of the fellowship program.
(7)

Status of fellows.—
Except as otherwise provided in this paragraph, Head Start Fellows shall not be considered to be employees or otherwise in the service or employment of the Federal Government. Head Start Fellows shall be considered to be employees for purposes of compensation for injuries under chapter 81 of title 5, United States Code. Head Start Fellows assigned to positions located in agencies specified in paragraph (3)(A)(i) shall be considered employees in the executive branch of the Federal Government for the purposes of chapter 11 of title 18, United States Code, and for purposes of any administrative standards of conduct applicable to the employees of the agency to which they are assigned.
(8)

Regulations.—
The Secretary shall promulgate regulations to carry out this subsection.
(e)

Model Staffing Plans.—
Not later than 1 year after the date of enactment of this subsection, the Secretary, in consultation with appropriate public agencies, private agencies, and organizations and with individuals with expertise in the field of children and family services, shall develop model staffing plans to provide guidance to local Head Start agencies and programs on the numbers, types, responsibilities, and qualifications of staff required to operate a Head Start program.
(f)

Professional Development Plans.—
Each Head Start agency and program shall create, in consultation with an employee, a professional development plan for all full-time Head Start employees who provide direct services to children and shall ensure that such plans are regularly evaluated for their impact on teacher and staff effectiveness. The agency and the employee shall implement the plan to the extent feasible and practicable.
(g)

Staff Recruitment and Selection Procedures.—
Before a Head Start agency employs an individual, such agency shall—
(1)
conduct an interview of such individual;
(2)
verify the personal and employment references provided by such individual; and
(3)
obtain—
(A)
a State, tribal, or Federal criminal record check covering all jurisdictions where the grantee provides Head Start services to children;
(B)
a State, tribal, or Federal criminal record check as required by the law of the jurisdiction where the grantee provides Head Start services; or
(C)
a criminal record check as otherwise required by Federal law.
[42 U.S.C. 9843a]
SEC. 649.

RESEARCH, DEMONSTRATIONS, AND EVALUATION.
(a)

In General.—
(1)

Requirement; general purposes.—
The Secretary shall carry out a continuing program of research, demonstration, and evaluation activities, in order to—
(A)
foster continuous improvement in the quality of the Head Start programs under this subchapter and in their effectiveness in enabling participating children and their families to succeed in school and otherwise; and
(B)
use the Head Start programs to develop, test, and disseminate new ideas based on existing scientifically valid research, for addressing the needs of low-income preschool children (including children with disabilities, homeless children, children who have been abused or neglected, and children in foster care) and their families and communities (including demonstrations of innovative non-center-based program models such as home-based and mobile programs), and otherwise to further the purposes of this subchapter.
(2)

Plan.—
The Secretary shall develop, and periodically update, a plan governing the research, demonstration, and evaluation activities under this section.
(b)

Conduct of Research, Demonstration, and Evaluation Activities.—
The Secretary, in order to conduct research, demonstration, and evaluation activities under this section—
(1)
may carry out such activities directly, or through grants to, or contracts or cooperative agreements with, public or private entities;
(2)
shall, to the extent appropriate, undertake such activities in collaboration with other Federal agencies, and with non-Federal agencies, conducting similar activities;
(3)
shall ensure that evaluation of activities in a specific program or project is conducted by persons not directly involved in the operation of such program or project;
(4)
may require Head Start agencies to provide for independent evaluations;
(5)
may approve, in appropriate cases, community-based cooperative research and evaluation efforts to enable Head Start programs to collaborate with qualified researchers not directly involved in program administration or operation; and
(6)
may collaborate with organizations with expertise in inclusive educational strategies for preschoolers with disabilities.
(c)

Consultation and Collaboration.—
In carrying out activities under this section, the Secretary shall—
(1)
consult with—
(A)
individuals from relevant academic disciplines;
(B)
individuals who are involved in the operation of Head Start programs and individuals who are involved in the operation of other child and family service programs; and
(C)
individuals from other Federal agencies, and individuals from organizations, involved with children and families, ensuring that the individuals described in this subparagraph reflect the multicultural nature of the children and families served by the Head Start programs and the multidisciplinary nature of the Head Start programs;
(2)
whenever feasible and appropriate, obtain the views of persons participating in and served by programs and projects assisted under this subchapter with respect to activities under this section; and
(3)
establish, to the extent appropriate, working relationships with the faculties of institutions of higher education, as defined in section 101 of the Higher Education Act of 1965, located in the area in which any evaluation under this section is being conducted, unless there is no such institution of higher education willing and able to participate in such evaluation.
(d)

Specific Objectives.—
The research, demonstration, and evaluation activities under this subchapter shall include components designed to—
(1)
permit ongoing assessment of the quality and effectiveness of the programs under this subchapter;
(2)
establish evaluation methods that measure the effectiveness and impact of family literacy services program models, including models for the integration of family literacy services with Head Start services;
(3)
contribute to developing knowledge concerning factors associated with the quality and effectiveness of Head Start programs and in identifying ways in which services provided under this subchapter may be improved;
(4)
assist in developing knowledge concerning the factors that promote or inhibit healthy development and effective functioning of children and their families both during and following participation in a Head Start program;
(5)
(A)
identify successful strategies that promote good oral health and provide effective linkages to quality dental services through pediatric dental referral networks, for infants and toddlers participating in Early Head Start programs and children participating in other Head Start programs; and
(B)
identify successful strategies that promote good vision health through vision screenings for such infants, toddlers, and children, and referrals for appropriate followup care for those identified as having a vision problem;
(6)
permit comparisons of children and families participating in Head Start programs with children and families receiving other child care, early childhood education and development or services programs and with other appropriate control groups;
(7)
contribute to understanding the characteristics and needs of population groups eligible for services provided under this subchapter and the impact of such services on the individuals served and the communities in which such services are provided;
(8)
provide for disseminating and promoting the use of the findings from such research, demonstration, and evaluation activities;
(9)
promote exploration of areas in which knowledge is insufficient, and that will otherwise contribute to fulfilling the purposes of this subchapter; and
(10)
(A)
contribute to understanding the impact of Head Start services delivered in classrooms which include both children with disabilities and children without disabilities, on all of the children; and
(B)
disseminate promising practices for increasing the availability and quality of such services and such classrooms.
(e)

Longitudinal Studies.—
In developing priorities for research, demonstration, and evaluation activities under this section, the Secretary shall give special consideration to longitudinal studies that—
(1)
examine the developmental progress of children and their families both during and following participation in a Head Start program, including the examination of factors that contribute to or detract from such progress;
(2)
examine factors related to improving the quality of the Head Start programs and the preparation the programs provide for children and their families to function effectively in schools and other settings in the years following participation in such a program; and
(3)
as appropriate, permit comparison of children and families participating in Head Start programs with children and families receiving other early childhood education and development services or programs, and with other appropriate control groups.
(f)

Ownership of Results.—
The Secretary shall take necessary steps to ensure that all studies, reports, proposals, and data produced or developed with Federal funds under this subchapter shall become the property of the United States.
(g)

National Head Start Impact Research.—
(1)

Expert panel.—
(A)

In general.—
The Secretary shall appoint an independent panel consisting of experts in program evaluation and research, education, and early childhood programs—
(i)
to review, and make recommendations on, the design and plan for the research (whether conducted as a single assessment or as a series of assessments) described in paragraph (2), within 1 year after the date of enactment of the Coats Human Services Reauthorization Act of 1998;
(ii)
to maintain and advise the Secretary regarding the progress of the research; and
(iii)
to comment, if the panel so desires, on the interim and final research reports submitted under paragraph (7).
(B)

Travel expenses.—
The members of the panel shall not receive compensation for the performance of services for the panel, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the panel. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the panel.
(2)

General authority.—
After reviewing the recommendations of the expert panel, the Secretary shall make a grant to, or enter into a contract or cooperative agreement with, an organization to conduct independent research that provides a national analysis of the impact of Head Start programs. The Secretary shall ensure that the organization shall have expertise in program evaluation, and research, education, and early childhood programs.
(3)

Designs and techniques.—
The Secretary shall ensure that the research uses rigorous methodological designs and techniques (based on the recommendations of the expert panel), including longitudinal designs, control groups, nationally recognized standardized measures, and random selection and assignment, as appropriate. The Secretary may provide that the research shall be conducted as a single comprehensive assessment or as a group of coordinated assessments designed to provide, when taken together, a national analysis of the impact of Head Start programs.
(4)

Programs.—
The Secretary shall ensure that the research focuses primarily on Head Start programs that operate in the 50 States, the Commonwealth of Puerto Rico, or the District of Columbia and that do not specifically target special populations.
(5)

Analysis.—
The Secretary shall ensure that the organization conducting the research—
(A)
(i)
determines if, overall, the Head Start programs have impacts consistent with their primary goal of increasing the social competence of children, by increasing the everyday effectiveness of the children in dealing with their present environments and future responsibilities, and increasing their school readiness;
(ii)
considers whether the Head Start programs—
(I)
enhance the growth and development of children in cognitive, emotional, and physical health areas;
(II)
strengthen families as the primary nurturers of their children; and
(III)
ensure that children attain school readiness; and
(iii)
examines—
(I)
the impact of the Head Start programs on increasing access of children to such services as educational, health, and nutritional services, and linking children and families to needed community services; and
(II)
how receipt of services described in subclause (I) enriches the lives of children and families participating in Head Start programs;
(B)
examines the impact of Head Start programs on participants on the date the participants leave Head Start programs, at the end of kindergarten and at the end of first grade (whether in public or private school), by examining a variety of factors, including educational achievement, referrals for special education or remedial course work, and absenteeism;
(C)
makes use of random selection from the population of all Head Start programs described in paragraph (4) in selecting programs for inclusion in the research; and
(D)
includes comparisons of individuals who participate in Head Start programs with control groups (including comparison groups) composed of—
(i)
individuals who participate in other early childhood programs (such as public or private preschool programs and day care); and
(ii)
individuals who do not participate in any other early childhood program.
(6)

Consideration of sources of variation.—
In designing the research, the Secretary shall, to the extent practicable, consider addressing possible sources of variation in impact of Head Start programs, including variations in impact related to such factors as—
(A)
Head Start program operations;
(B)
Head Start program quality;
(C)
the length of time a child attends a Head Start program;
(D)
the age of the child on entering the Head Start program;
(E)
the type of organization (such as a local educational agency or a community action agency) providing services for the Head Start program;
(F)
the number of hours and days of program operation of the Head Start program (such as whether the program is a full-working-day, full calendar year program, a part-day program, or a part-year program); and
(G)
other characteristics and features of the Head Start program (such as geographic location, location in an urban or a rural service area, or participant characteristics), as appropriate.
(7)

Reports.—
(A)

Submission of interim reports.—
The organization shall prepare and submit to the Secretary two interim reports on the research. The first interim report shall describe the design of the research, and the rationale for the design, including a description of how potential sources of variation in impact of Head Start programs have been considered in designing the research. The second interim report shall describe the status of the research and preliminary findings of the research, as appropriate.
(B)

Submission of final report.—
The organization shall prepare and submit to the Secretary a final report containing the findings of the research.
(C)

Transmittal of report to congress.—
Not later than September 30, 2009, the Secretary shall transmit the final report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
(8)

Definition.—
In this subsection, the term “impact”, used with respect to a Head Start program, means a difference in an outcome for a participant in the program that would not have occurred without the participation in the program.
(h)

Limited English Proficient Children.—
(1)

Study.—
Not later than 1 year after the date of enactment of the Improving Head Start for School Readiness Act of 2007, the Secretary shall conduct a study on the status of limited English proficient children and their families participating in Head Start programs (including Early Head Start programs).
(2)

Report.—
The Secretary shall prepare and submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, not later than September 30, 2010, a report containing the results of the study, including information on—
(A)
the demographics of limited English proficient children from birth through age 5, including the number of such children receiving Head Start services and Early Head Start services, and the geographic distribution of children described in this subparagraph;
(B)
the nature of the Head Start services and of the Early Head Start services provided to limited English proficient children and their families, including the types, content, duration, intensity, and costs of family services, language assistance, and educational services;
(C)
procedures in Head Start programs and Early Head Start programs for the assessment of language needs and the transition of limited English proficient children to kindergarten, including the extent to which such programs meet the requirements of section 642A for limited English proficient children;
(D)
the qualifications and training provided to Head Start teachers and Early Head Start teachers who serve limited English proficient children and their families;
(E)
the languages in which Head Start teachers and Early Head Start teachers are fluent, in relation to the population, and instructional needs, of the children served;
(F)
the rate of progress made by limited English proficient children and their families in Head Start programs and in Early Head Start programs, including—
(i)
the rate of progress made by limited English proficient children toward meeting the additional educational standards described in section 641A(a)(1)(B)(ii) while enrolled in such programs;
(ii)
a description of the type of assessment or assessments used to determine the rate of progress made by limited English proficient children;
(iii)
the correlation between such progress and the type and quality of instruction and educational programs provided to limited English proficient children; and
(iv)
the correlation between such progress and the health and family services provided by such programs to limited English proficient children and their families; and
(G)
the extent to which Head Start programs and Early Head Start programs make use of funds under section 640(a)(2)(D) to improve the quality of such services provided to limited English proficient children and their families.
(i)

Research and Evaluation Activities Relevant to Diverse Communities.—
For purposes of conducting the study described in subsection (h), activities described in section 640(l)(5)(A), and other research and evaluation activities relevant to limited English proficient children and their families, migrant and seasonal farmworker families, and other families from diverse populations served by Head Start programs, the Secretary shall award, on a competitive basis, funds from amounts made available under section 640(a)(2)(D) to 1 or more organizations with a demonstrated capacity for serving and studying the populations involved.
(j)

Review of Assessments.—
(1)

Application of study.—
When the study on Developmental Outcomes and Assessments for Young Children by the National Academy of Sciences is made available to the Secretary, the Secretary shall—
(A)
integrate the results of the study, as appropriate and in accordance with paragraphs (2) and (3), into each assessment used in Head Start programs; and
(B)
use the results of the study to develop, inform, and revise as appropriate the standards and measures described in section 641A, consistent with section 641A(a)(2)(C)(ii).
(2)

Inform and revise.—
In informing and revising any assessment used in the Head Start programs, the Secretary shall—
(A)
receive recommendations from the Panel on Developmental Outcomes and Assessments for Young Children of the National Academy of Sciences; and
(B)
with respect to the development or refinement of such assessment, ensure—
(i)
consistency with relevant, nationally recognized professional and technical standards;
(ii)
validity and reliability for all purposes for which assessments under this subchapter are designed and used;
(iii)
developmental and linguistic appropriateness of such assessments for children assessed, including children who are limited English proficient; and
(iv)
that the results can be used to improve the quality of, accountability of, and training and technical assistance in, Head Start programs.
(3)

Additional requirements.—
The Secretary, in carrying out the process described in paragraph (2), shall ensure that—
(A)
staff administering any assessments under this subchapter have received appropriate training to administer such assessments;
(B)
appropriate accommodations for children with disabilities and children who are limited English proficient are made;
(C)
the English and Spanish (and any other language, as appropriate) forms of such assessments are valid and reliable in the languages in which they are administered; and
(D)
such assessments are not used to exclude children from Head Start programs.
(4)

Suspended implementation of national reporting system.—
The Secretary shall suspend implementation and terminate further development and use of the National Reporting System.
(k)

Indian Head Start Study.—
The Secretary shall—
(1)
work in collaboration with the Head Start agencies that carry out Indian Head Start programs, the Indian Head Start collaboration director, and other appropriate entities, including tribal governments and the National Indian Head Start Directors Association—
(A)
to undertake a study or set of studies designed to focus on the American Indian and Alaska Native Head Start-eligible population, with a focus on issues such as curriculum development, availability and need for services, appropriate research methodologies and measures for these populations, and best practices for teaching and educating American Indian and Alaska Native Head Start Children;
(B)
to accurately determine the number of children nationwide who are eligible to participate in Indian Head Start programs each year;
(C)
to document how many of these children are receiving Head Start services each year;
(D)
to the extent practicable, to ensure that access to Indian Head Start programs for eligible children is comparable to access to other Head Start programs for other eligible children; and
(E)
to make the funding decisions required in section 640(a)(4)(D)(ii), after completion of the studies required in that section, taking into account—
(i)
the Federal government's unique trust responsibility to American Indians and Alaska Natives;
(ii)
limitations faced by tribal communities in accessing non-Federal sources of funding to supplement Federal funding for early childhood programs; and
(iii)
other factors that uniquely and adversely impact children in American Indian and Alaska Native communities such as highly elevated poverty, unemployment and violent crime rates, as well as depressed levels of educational achievement and limited access to non-Federal health, social and educational resources;
(2)
in carrying out paragraph (1), consult with the Secretary of Education about the Department of Education's systems for collecting and reporting data about, and maintaining records on, American Indian and Alaska Native students;
(3)
not later than 9 months after the effective date of this subsection, publish in the Federal Register a notice of how the Secretary plans to carry out paragraph (1) and shall provide a period for public comment. To the extent practicable, the Secretary shall consider comments received before submitting a report to the Congress;
(4)
not later than 1 year after the effective date of this subsection, submit a report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, detailing how the Department of Health and Human Services plans to carry out paragraph (1);
(5)
through regulation, ensure the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary, by Head Start agencies that carry out Indian Head Start programs, and by State Directors of Head Start Collaboration, by the Indian Head Start Collaboration Project Director and by other appropriate entities pursuant to this subsection (such regulations shall provide the policies, protections, and rights equivalent to those provided a parent, student, or educational agency or institution under section 444 of the General Education Provisions Act); and
(6)
ensure that nothing in this subsection shall be construed to authorize the development of a nationwide database of personally identifiable information on individuals involved in studies or other collections of data under this subsection.
(l)

Migrant and Seasonal Head Start Program Study.—
(1)

Data.—
In order to increase access to Head Start services for children of migrant and seasonal farmworkers, the Secretary shall work in collaboration with providers of migrant and seasonal Head Start programs, the Secretary of Agriculture, the Secretary of Labor, the Bureau of Migrant Health, and the Secretary of Education to—
(A)
collect, report, and share data, within a coordinated system, on children of migrant and seasonal farmworkers and their families, including health records and educational documents of such children, in order to adequately account for the number of children of migrant and seasonal farmworkers who are eligible for Head Start services and determine how many of such children receive the services; and
(B)
identify barriers that prevent children of migrant and seasonal farmworkers who are eligible for Head Start services from accessing Head Start services, and develop a plan for eliminating such barriers, including certain requirements relating to tracking, health records, and educational documents, and increasing enrollment.
(2)

Publication of plan.—
Not later than 1 year after the date of enactment of the Improving Head Start for School Readiness Act of 2007, the Secretary shall publish in the Federal Register a notice about how the Secretary plans to implement the activities identified in paragraph (1) and shall provide a period for public comment. To the extent practicable, the Secretary shall consider comments received before implementing any of the activities identified in paragraph (1).
(3)

Report.—
Not later than 18 months after the date of enactment of the Improving Head Start for School Readiness Act of 2007, and annually thereafter, the Secretary shall submit a report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate detailing how the Secretary plans to implement the activities identified in paragraph (1), including the progress made in reaching out to and serving eligible children of migrant and seasonal farmworkers, and information on States where such children are still underserved.
(4)

Protection of confidentiality.—
The Secretary shall, through regulation, ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary, by Head Start agencies that carry out migrant or seasonal Head Start programs, by the State director of Head Start Collaboration, and by the Migrant and Seasonal Farmworker Collaboration project Director (such regulations shall provide the policies, protections, and rights equivalent to those provided a parent, student, or educational agency or institution under section 444 of the General Education Provisions Act (20 U.S.C. 1232g)).
(5)

Rule of construction.—
Nothing in this subsection shall be construed to authorize the development of a nationwide database of personally identifiable data, information, or records on individuals involved in studies or other collections of data under this subsection.
(m)

Program Emergency Preparedness.—
(1)

Purpose.—
The purpose of this subsection is to evaluate the emergency preparedness of the Head Start programs, including Early Head Start programs, and make recommendations for how Head Start shall enhance its readiness to respond to an emergency.
(2)

Study.—
The Secretary shall evaluate the Federal, State, and local preparedness of Head Start programs, including Early Head Start programs, to respond appropriately in the event of a large-scale emergency, such as the hurricanes Katrina, Rita, and Wilma, the terrorist attacks of September 11, 2001, or other incidents where assistance may be warranted under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(3)

Report to congress.—
Not later than 18 months after the date of the enactment of the Improving Head Start for School Readiness Act of 2007, the Secretary shall prepare and submit to Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report containing the results of the evaluation required under paragraph (2), including—
(A)
recommendations for improvements to Federal, State, and local preparedness and response capabilities to large-scale emergencies, including those that were developed in response to hurricanes Katrina, Rita, and Wilma, as they relate to Head Start programs, including Early Head Start programs, and the Secretary's plan to implement such recommendations;
(B)
an evaluation of the procedures for informing families of children in Head Start programs about the program protocols for response to a large-scale emergency, including procedures for communicating with such families in the event of a large-scale emergency;
(C)
an evaluation of such procedures for staff training on State and local evacuation and emergency protocols; and
(D)
an evaluation of procedures for Head Start agencies and the Secretary to coordinate with appropriate Federal, State, and local emergency management agencies in the event of a large scale emergency and recommendations to improve such procedures.
[42 U.S.C. 9844]
SEC. 650.

REPORTS.
(a)

Status of Children.—
At least once during every 2-year period, the Secretary shall prepare and submit, to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report concerning the status of children (including children with disabilities, limited English proficient children, homeless children, children in foster care, and children participating in Indian Head Start programs and migrant or seasonal Head Start programs) in Head Start programs, including the number of children and the services being provided to such children. Such report shall include—
(1)
a statement for the then most recently concluded fiscal year specifying—
(A)
the amount of funds received by Head Start agencies designated under section 641 to provide Head Start services in a period before such fiscal year; and
(B)
the amount of funds received by Head Start agencies newly designated under section 641 to provide such services in such fiscal year;
(2)
a description of the distribution of Head Start services relative to the distribution of children who are eligible to participate in Head Start programs, including geographic distribution within States, and information on the number of children served under this subsection, disaggregated by type of eligibility criterion;
(3)
a statement identifying how funds made available under section 640(a) were distributed and used at national, regional, and local levels;
(4)
a statement specifying the amount of funds provided by the State, and by local sources, to carry out Head Start programs;
(5)
cost per child and how such cost varies by region;
(6)
a description of the level and nature of participation of parents in Head Start programs as volunteers and in other capacities;
(7)
information concerning Head Start staff, including salaries, education, training, experience, and staff turnover;
(8)
information concerning children participating in programs that receive Head Start funding, including information on family income, racial and ethnic background, homelessness, whether the child is in foster care or was referred by a child welfare agency, disability, and receipt of benefits under part A of title IV of the Social Security Act;
(9)
the use and source of funds to extend Head Start services to operate full-day and year round;
(10)
using data from the monitoring conducted under section 641A(c)—
(A)
a description of the extent to which programs funded under this subchapter comply with performance standards and regulations in effect under this subchapter;
(B)
a description of the types and condition of facilities in which such programs are located;
(C)
the types of organizations that receive Head Start funds under such programs; and
(D)
the number of children served under each program option;
(11)
the information contained in the documents entitled “Program Information Report” and “Head Start Cost Analyses System” (or any document similar to either), prepared with respect to Head Start programs;
(12)
a description of the types of services provided to children and their families, both on-site and through referrals, including health, mental health, dental care, vision care, parenting education, physical fitness, and literacy training;
(13)
a summary of information concerning the research, demonstration, and evaluation activities conducted under section 649, including—
(A)
a status report on ongoing activities; and
(B)
results, conclusions, and recommendations, not included in any previous report, based on completed activities; and
(14)
a study of the delivery of Head Start programs to Indian children living on and near Indian reservations, to children of Alaska Natives, and to children of migrant and seasonal farmworker families.
Promptly after submitting such report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, the Secretary shall publish in the Federal Register a notice indicating that such report is available to the public and specifying how such report may be obtained.
(b)

Facilities.—
At least once during every 5-year period, the Secretary shall prepare and submit, to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report concerning the condition, location, and ownership of facilities used, or available to be used, by Indian Head Start agencies (including Alaska Native Head Start agencies) and Native Hawaiian Head Start agencies.
(c)

Fiscal Protocol.—
(1)

In general.—
The Secretary shall conduct an annual review to assess whether the design and implementation of the triennial reviews described in section 641A(c) include compliance procedures that provide reasonable assurances that Head Start agencies are complying with applicable fiscal laws and regulations.
(2)

Report.—
Not later than 30 days after the date the Secretary completes the annual review under paragraph (1), the Secretary shall report the findings and conclusions of the annual review to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
(d)

Disability-Related Services.—
(1)

In general.—
The Secretary shall track the provision of disability-related services for children, in order to—
(A)
determine whether Head Start agencies are making timely referrals to the State or local agency responsible for providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.);
(B)
identify barriers to timely evaluations and eligibility determinations by the State or local agency responsible for providing services under section 619 or part C of the Individuals with Disabilities Education Act; and
(C)
determine under what circumstances and for what length of time Head Start agencies are providing disability-related services for children who have not been determined under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) to be children with disabilities.
(2)

Report.—
Not later than 1 year after the date of enactment of the Improving Head Start for School Readiness Act of 2007, the Secretary shall provide a report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate on the activities described in paragraph (1).
(e)

Evaluation and Recommendations Regarding Obesity Prevention.—
Not later than 1 year after the date of enactment of the Improving Head Start for School Readiness Act of 2007 the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the Secretary's progress in assisting program efforts to prevent and reduce obesity in children who participate in Head Start programs, including progress on implementing initiatives within the Head Start program to prevent and reduce obesity in such children.
[42 U.S.C. 9846]

comparability of wages

[Sections 651A and 652 were repealed by section 119 of the Human Services Amendments of 1994, 108 Stat. 648.]
Sec. 653.
(a)

Comparability of Wages.—
The Secretary shall take such action as may be necessary to assure that persons employed in carrying out programs financed under this subchapter shall not receive compensation at a rate which is (1) in excess of the average rate of compensation paid in the area where the program is carried out to a substantial number of the persons providing substantially comparable services, or in excess of the average rate of compensation paid to a substantial number of the persons providing substantially comparable services in the area of the person's immediately preceding employment, whichever is higher; or (2) less than the minimum wage rate prescribed in section 6(a)(1) of the Fair Labor Standards Act of 1938. The Secretary shall encourage Head Start agencies to provide compensation according to salary scales that are based on training and experience.
(b)

Limitation.—
(1)

In general.—
Notwithstanding any other provision of law, no Federal funds may be used to pay any part of the compensation of an individual employed by a Head Start agency, if such compensation, including non-Federal funds, exceeds an amount equal to the rate payable for level II of the Executive Schedule under section 5313 of title 5, United States Code.
(2)

Compensation.—
In this subsection, the term “compensation”—
(A)
includes salary, bonuses, periodic payments, severance pay, the value of any vacation time, the value of a compensatory or paid leave benefit not excluded by subparagraph (B), and the fair market value of any employee perquisite or benefit not excluded by subparagraph (B); and
(B)
excludes any Head Start agency expenditure for a health, medical, life insurance, disability, retirement, or any other employee welfare or pension benefit.
[42 U.S.C. 9848]

nondiscrimination provisions
Sec. 654.
(a)
The Secretary shall not provide financial assistance for any program, project, or activity under this subchapter unless the grant or contract with respect thereto specifically provides that no person with responsibilities in the operation thereof will discriminate with respect to any such program, project, or activity because of race, creed, color, national origin, sex, political affiliation, or beliefs.
(b)
No person in the United States shall on the ground of sex be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any program or activity receiving assistance under this subchapter. The Secretary shall enforce the provisions of the preceding sentence in accordance with section 602 of the Civil Rights Act of 1964. Section 603 of such Act shall apply with respect to any action taken by the Secretary to enforce such sentence. This section shall not be construed as affecting any other legal remedy that a person may have if such person is excluded from participation in, denied the benefit of, subjected to discrimination under, or denied employment in connection with, any program, project, or activity receiving assistance under this subchapter.
(c)
The Secretary shall not provide financial assistance for any program, project, or activity under this subchapter unless the grant or contract relating to the financial assistance specifically provides that no person with responsibilities in the operation of the program, project, or activity will discriminate against any individual because of a handicapping condition in violation of section 504 of the Rehabilitation Act of 1973.
[42 U.S.C. 9849]

limitation with respect to certain unlawful activities
Sec. 655.
No individual employed or assigned by or in any Head Start agency or other agency assisted under this subchapter shall, pursuant to or during the performance of services rendered in connection with any program or activity conducted or assisted under this subchapter by such Head Start agency or such other agency, plan, initiate, participate in, or otherwise aid or assist in the conduct of any unlawful demonstration, rioting, or civil disturbance.
[42 U.S.C. 9850]
SEC. 656.

POLITICAL ACTIVITIES.
(a)

State or Local Agency.—
For purposes of of 10 title 5, United States Code, any agency which assumes responsibility for planning, developing, and coordinating Head Start programs and receives assistance under this subchapter shall be deemed to be a State or local agency. For purposes of clauses (1) and (2) of section 150(2)(a) of such title, any agency receiving assistance under this subchapter shall be deemed to be a State or local agency.
^{10}
The words “of of” in subsection (a) so in law. See amendment made by section 24(1) of Public Law 110–134.
(b)

Restrictions.—
(1)

In general.—
A program assisted under this subchapter, and any individual employed by, or assigned to or in, a program assisted under this subchapter (during the hours in which such individual is working on behalf of such program), shall not engage in—
(A)
any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office; or
(B)
any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election.
(2)

Registration.—
No funds appropriated under this subchapter may be used to conduct voter registration activities. Nothing in this subchapter prohibits the availability of Head Start facilities during hours of operation for the use of any nonpartisan organization to increase the number of eligible citizens who register to vote in elections for Federal office.
(3)

Rules and regulations.—
The Secretary, after consultation with the Director of the Office of Personnel Management, may issue rules and regulations to provide for the enforcement of this section, which may include provisions for summary suspension of assistance or other action necessary to permit enforcement on an emergency basis.
[42 U.S.C. 9851]

advance funding
Sec. 657.
For the purpose of affording adequate notice of funding available under this subchapter, appropriations for carrying out this subchapter are authorized to be included in an appropriation Act for the fiscal year preceding the fiscal year for which they are available for obligation.
[42 U.S.C. 9852]
SEC. 657A.

PARENTAL CONSENT REQUIREMENT FOR NONEMERGENCY INTRUSIVE PHYSICAL EXAMINATIONS.
(a)

Definition.—
The term “nonemergency intrusive physical examination” means, with respect to a child, a physical examination that—
(1)
is not immediately necessary to protect the health or safety of the child involved or the health or safety of another individual; and
(2)
requires incision or is otherwise invasive, or involves exposure of private body parts.
(b)

Requirement.—
A Head Start agency shall obtain written parental consent before administration of any nonemergency intrusive physical examination of a child in connection with participation in a program under this subchapter.
(c)

Rule of Construction.—
Nothing in this section shall be construed to prohibit agencies from using established methods, for handling cases of suspected or known child abuse and neglect, that are in compliance with applicable Federal, State, or tribal law.
[42 U.S.C. 9852a]
SEC. 657B.

CENTERS OF EXCELLENCE IN EARLY CHILDHOOD.
(a)

Definition.—
In this section, the term “center of excellence” means a Center of Excellence in Early Childhood designated under subsection (b).
(b)

Designation and Bonus Grants.—
The Secretary shall, subject to the availability of funds under this section, establish a program under which the Secretary shall—
(1)
designate not more than 200 exemplary Head Start agencies (including Early Head Start agencies, Indian Head Start agencies, and migrant and seasonal Head Start agencies) as Centers of Excellence in Early Childhood; and
(2)
make bonus grants to the centers of excellence to carry out the activities described in subsection (d).
(c)

Application and Designation.—
(1)

Application.—
(A)

Nomination and submission.—
(i)

In general.—
To be eligible to receive a designation as a center of excellence under subsection (b), except as provided in clause (ii), a Head Start agency in a State shall be nominated by the Governor of the State, after selection for nomination by such Governor through a competitive process, and shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(ii)

Indian and migrant and seasonal head start programs.—
In the case of an Indian Head Start agency or a migrant or seasonal Head Start agency, to be eligible to receive a designation as a center of excellence under subsection (b), such an agency shall be nominated by the head of the appropriate regional office of the Department of Health and Human Services and shall submit an application to the Secretary in accordance with clause (i).
(B)

Contents.—
At a minimum, the application shall include—
(i)
evidence that the Head Start program carried out by the agency involved has significantly improved the school readiness of children who have participated in the program;
(ii)
evidence that the program meets or exceeds standards described in section 641A(a)(1), as evidenced by the results of monitoring reviews described in section 641A(c), and has no findings of deficiencies in the preceding 3 years;
(iii)
evidence that the program is making progress toward meeting the requirements described in section 648A;
(iv)
an assurance that the Head Start agency will develop a collaborative partnership with the State (or a State agency) and other providers of early childhood education and development programs and services in the local community involved to conduct activities under subsection (d);
(v)
a nomination letter from the Governor, or appropriate regional office, demonstrating the agency's ability to provide the coordination, transition, and training services of the program to be carried out under the bonus grant involved, including coordination of activities with State and local agencies that provide early childhood education and development to children and families in the community served by the agency, and carry out the activities described under subsection (d)(1); and
(vi)
a description of how the center involved, in order to expand accessibility and continuity of quality early childhood education and development services and programs, will coordinate activities, as appropriate, assisted under this section with—
(I)
programs carried out under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.);
(II)
the Early Head Start programs carried out under section 645A;
(III)
preschool programs carried out under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.);
(IV)
programs carried out under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.);
(V)
State prekindergarten programs; and
(VI)
other programs of early childhood education and development.
(2)

Selection.—
In selecting agencies to designate as centers of excellence under subsection (b), the Secretary shall designate not less than 1 from each of the 50 States, the District of Columbia, an Indian Head Start program, a migrant or seasonal Head Start program, and the Commonwealth of Puerto Rico.
(3)

Priority.—
In making bonus grant determinations under this section, the Secretary shall give priority to agencies that, through their applications, demonstrate that their programs are of exceptional quality and would serve as exemplary models for programs in the same geographic region. The Secretary may also consider the populations served by the applicants, such as agencies that serve large proportions of families of limited English proficient children or other underserved populations, and may make bonus grants to agencies that do an exceptional job meeting the needs of children in such populations.
(4)

Term of designation.—
(A)

In general.—
Subject to subparagraph (B), the Secretary shall designate a Head Start agency as a center of excellence for a 5-year term. During the period of that designation, subject to the availability of appropriations, the agency shall be eligible to receive a bonus grant under subsection (b).
(B)

Revocation.—
The Secretary may revoke an agency's designation under subsection (b) if the Secretary determines that the agency is not demonstrating adequate performance or has had findings of deficiencies described in paragraph (1)(B)(ii).
(5)

Amount of bonus grant.—
The Secretary shall base the amount of funding provided through a bonus grant made under subsection (b) to a center of excellence on the number of children eligible for Head Start services in the community involved. The Secretary shall, subject to the availability of funding, make such a bonus grant in an amount of not less than $200,000 per year.
(d)

Use of Funds.—
A center of excellence that receives a bonus grant under subsection (b)—
(1)
shall use not less than 15 percent of the funds made available through the bonus grant to disseminate to other Head Start agencies in the State involved, best practices for achieving early academic success, including—
(A)
best practices for achieving school readiness, including developing early literacy and mathematics skills, for children at risk for school difficulties;
(B)
best practices for achieving the acquisition of the English language for limited English proficient children, if appropriate to the population served; and
(C)
best practices for providing high-quality comprehensive services for eligible children and their families;
(2)
may use the funds made available through the bonus grant—
(A)
to provide Head Start services to additional eligible children;
(B)
to better meet the needs of working families in the community served by the center by serving more children in existing Early Head Start programs (existing as of the date the center is designated under this section) or in full-working-day, full calendar year Head Start programs;
(C)
to further coordinate early childhood education and development programs and services and social services available in the community served by the center for at-risk children (birth through age 8), their families, and pregnant women;
(D)
to provide professional development for Head Start teachers and staff, including joint training for Head Start teachers and staff, child care providers, public and private preschool and elementary school teachers, and other providers of early childhood education and development programs;
(E)
to provide effective transitions between Head Start programs and elementary schools and to facilitate ongoing communication between Head Start and elementary school teachers concerning children receiving Head Start services to improve the teachers' ability to work effectively with low-income, at-risk children and their families;
(F)
to develop or maintain partnerships with institutions of higher education and nonprofit organizations, including community-based organizations, that recruit, train, place, and support college students to serve as mentors and reading partners to preschool children in Head Start programs; and
(G)
to carry out other activities determined by the center to improve the overall quality of the Head Start program carried out by the agency and the program carried out under the bonus grant involved.
(e)

Research and Reports.—
(1)

Research.—
The Secretary shall, subject to the availability of funds to carry out this subsection, award a grant or contract to an independent organization to conduct research on the ability of the centers of excellence to use the funds received under this section to improve the school readiness of children receiving Head Start services, and to positively impact school results in the earliest grades. The organization shall also conduct research to measure the success of the centers of excellence at encouraging the center's delegate agencies, additional Head Start agencies, and other providers of early childhood education and development programs in the communities involved to meet measurable improvement goals, particularly in the area of school readiness.
(2)

Research report.—
Not later than 48 months after the date of enactment of the Improving Head Start for School Readiness Act of 2007, the organization shall prepare and submit to the Secretary and Congress a report containing the results of the research described in paragraph (1).
(3)

Reports to the secretary.—
Each center of excellence shall submit an annual report to the Secretary, at such time and in such manner as the Secretary may require, that contains a description of the activities the center carried out with funds received under this section, including a description of how such funds improved services for children and families.
(f)

Authorization of Appropriations.—
There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2008 through 2012 to make bonus grants to centers of excellence under subsection (b) to carry out activities described in subsection (d) and research and report activities described in subsection (e).
[42 U.S.C. 9852b]
SEC. 657C.

GENERAL PROVISIONS.
(a)

Limitation.—
Nothing in this subchapter shall be construed to authorize or permit the Secretary or any employee or contractor of the Department of Health and Human Services to mandate, direct, or control, the selection of a curriculum, a program of instruction, or instructional materials, for a Head Start program.
(b)

Special Rule.—
Nothing in this subchapter shall be construed to authorize a Head Start program or a local educational agency to require the other to select or implement a specific curriculum or program of instruction.
(c)

Definition.—
In this subchapter, the term “health”, when used to refer to services or care provided to enrolled children, their parents, or their siblings, shall be interpreted to refer to both physical and mental health.
[42 U.S.C. 9852c]
subchapter C—

Child Care and Development Block Grant
SEC. 658A.

SHORT TITLE AND PURPOSES.
(a)

Short Title.—
This subchapter may be cited as the “Child Care and Development Block Grant Act of 1990”.
(b)

Purposes.—
The purposes of this subchapter are—
(1)
to allow each State maximum flexibility in developing child care programs and policies that best suit the needs of children and parents within that State;
(2)
to promote parental choice to empower working parents to make their own decisions regarding the child care services that best suit their family’s needs;
(3)
to encourage States to provide consumer education information to help parents make informed choices about child care services and to promote involvement by parents and family members in the development of their children in child care settings;
(4)
to assist States in delivering high-quality, coordinated early childhood care and education services to maximize parents’ options and support parents trying to achieve independence from public assistance;
(5)
to assist States in improving the overall quality of child care services and programs by implementing the health, safety, licensing, training, and oversight standards established in this subchapter and in State law (including State regulations);
(6)
to improve child care and development of participating children; and
(7)
to increase the number and percentage of low-income children in high-quality child care settings.
[42 U.S.C. 9857]
SEC. 658B.

AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this subchapter $2,360,000,000 for fiscal year 2015, $2,478,000,000 for fiscal year 2016, $2,539,950,000 for fiscal year 2017, $2,603,448,750 for fiscal year 2018, $2,668,534,969 for fiscal year 2019, and $2,748,591,018 for fiscal year 2020.
[42 U.S.C. 9858]
SEC. 658C.

ESTABLISHMENT OF BLOCK GRANT PROGRAM.
The Secretary is authorized to make grants to States in accordance with the provisions of this subchapter.
[42 U.S.C. 9858a]
SEC. 658D.

LEAD AGENCY.
(a)

Designation.—
The Governor of a State desiring to receive a grant under this subchapter shall designate an agency (which may be an appropriate collaborative agency), or establish a joint interagency office, that complies with the requirements of subsection (b) to serve as the lead agency for the State under this subchapter.
(b)

Duties.—
(1)

In general.—
The lead agency shall—
(A)
administer, directly or through other governmental or nongovernmental agencies, the financial assistance received under this subchapter by the State;
(B)
develop the State plan to be submitted to the Secretary under section 658E(a);
(C)
in conjunction with the development of the State plan as required under subparagraph (B), hold at least one hearing in the State with sufficient time and Statewide distribution of the notice of such hearing, to provide to the public an opportunity to comment on the provision of child care services under the State plan;
(D)
coordinate the provision of services under this subchapter with other Federal, State and local child care and early childhood development programs; and
(E)
at the option of an Indian tribe or tribal organization in the State, collaborate and coordinate with such Indian tribe or tribal organization in the development of the State plan in a timely manner.
(2)

Development of plan.—
In the development of the State plan described in paragraph (1)(B), the lead agency shall consult with appropriate representatives of units of general purpose local government.
[42 U.S.C. 9858b]
SEC. 658E.

APPLICATION AND PLAN.
(a)

Application.—
To be eligible to receive assistance under this subchapter, a State shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall by rule require, including—
(1)
an assurance that the State will comply with the requirements of this subchapter; and
(2)
a State plan that meets the requirements of subsection (c).
(b)

Period Covered by Plan.—
The State plan contained in the application under subsection (a) shall be designed to be implemented during a 3-year period.
(c)

Requirements of a Plan.—
(1)

Lead agency.—
The State plan shall identify the lead agency designated or established under section 658D.
(2)

Policies and procedures.—
The State plan shall:
(A)

Parental choice of providers.—
Provide assurances that—
(i)
the parent or parents of each eligible child within the State who receives or is offered child care services for which financial assistance is provided under this subchapter are given the option either—
(I)
to enroll such child with a child care provider that has a grant or contract for the provision of such services; or
(II)
to receive a child care certificate as defined in section 658P(2);
(ii)
in cases in which the parent selects the option described in clause (i)(I), the child will be enrolled with the eligible provider selected by the parent to the maximum extent practicable; and
(iii)
child care certificates offered to parents selecting the option described in clause (i)(II) shall be of a value commensurate with the subsidy value of child care services provided under the option described in clause (i)(I);
and provide a detailed description of the procedures the State will implement to carry out the requirements of this subparagraph.
(B)

Unlimited parental access.—
Certify that procedures are in effect within the State to ensure that child care providers who provide services for which assistance is made available under this subchapter afford parents unlimited access to their children and to the providers caring for their children, during the normal hours of operation of such providers and whenever such children are in the care of such providers, and provide a detailed description of such procedures.
(C)

Parental complaints.—
Certify that the State maintains a record of substantiated parental complaints and makes information regarding such parental complaints available to the public on request and provide a detailed description of how such record is maintained and is made available.
(D)

Monitoring and inspection reports.—
The plan shall include a certification that the State, not later than 1 year after the State has in effect the policies and practices described in subparagraph (K)(i), will make public by electronic means, in a consumer-friendly and easily accessible format, organized by provider, the results of monitoring and inspection reports, including those due to major substantiated complaints about failure to comply with this subchapter and State child care policies, as well as the number of deaths, serious injuries, and instances of substantiated child abuse that occurred in child care settings each year, for eligible child care providers within the State. The results shall also include information on the date of such an inspection, and, where applicable, information on corrective action taken.
(E)

Consumer and provider education information.—
The plan shall include a certification that the State will collect and disseminate (which dissemination may be done, except as otherwise specified in this subparagraph, through resource and referral organizations or other means as determined by the State) to parents of eligible children, the general public, and, where applicable, providers—
(i)
information about the availability of the full diversity of child care services that will promote informed child care choices and that concerns—
(I)
the availability of child care services provided through programs authorized by this subchapter and, if feasible, other child care services and other programs provided in the State for which the family may be eligible, as well as the availability of financial assistance to obtain child care services in the State;
(II)
if available, information about the quality of providers, as determined by the State, that can be provided through a Quality Rating and Improvement System;
(III)
information, made available through a State Web site, describing the State process for licensing child care providers, the State processes for conducting background checks, and monitoring and inspections, of child care providers, and the offenses that prevent individuals and entities from serving as child care providers in the State;
(IV)
other programs for which families that receive child care services for which financial assistance is provided under this subchapter may be eligible, including the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), Head Start and Early Head Start programs carried out under the Head Start Act (42 U.S.C. 9831 et seq.), the program carried out under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.), the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the special supplemental nutrition program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766), and the Medicaid and State children's health insurance programs under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et seq., 1397aa et seq.);
(V)
programs carried out under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.);
(VI)
research and best practices concerning children's development, including social and emotional development, early childhood development, and meaningful parent and family engagement, and physical health and development (particularly healthy eating and physical activity); and
(VII)
the State policies regarding the social-emotional behavioral health of young children, which may include positive behavioral intervention and support models, and policies on expulsion of preschool-aged children, in early childhood programs receiving assistance under this subchapter; and
(ii)
information on developmental screenings, including—
(I)
information on existing (as of the date of submission of the application containing the plan) resources and services the State can deploy, including the coordinated use of the Early and Periodic Screening, Diagnosis, and Treatment program under the Medicaid program carried out under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and developmental screening services available under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), in conducting developmental screenings and providing referrals to services, when appropriate, for children who receive assistance under this subchapter; and
(II)
a description of how a family or eligible child care provider may utilize the resources and services described in subclause (I) to obtain developmental screenings for children who receive assistance under this subchapter who may be at risk for cognitive or other developmental delays, which may include social, emotional, physical, or linguistic delays.
(F)

Compliance with state licensing requirements.—
(i)

In general.—
The plan shall include a certification that the State involved has in effect licensing requirements applicable to child care services provided within the State, and provide a detailed description of such requirements and of how such requirements are effectively enforced.
(ii)

License exemption.—
If the State uses funds received under this subchapter to support a child care provider that is exempt from the corresponding licensing requirements described in clause (i), the plan shall include a description stating why such licensing exemption does not endanger the health, safety, or development of children who receive services from child care providers who are exempt from such requirements.
(G)

Training and professional development requirements.—
(i)

In general.—
The plan shall describe the training and professional development requirements that are in effect within the State designed to enable child care providers to promote the social, emotional, physical, and cognitive development of children and to improve the knowledge and skills of the child care workforce. Such requirements shall be applicable to child care providers that provide services for which assistance is provided in accordance with this subchapter.
(ii)

Requirements.—
The plan shall provide an assurance that such training and professional development—
(I)
shall be conducted on an ongoing basis, provide for a progression of professional development (which may include encouraging the pursuit of postsecondary education), reflect current research and best practices relating to the skills necessary for the child care workforce to meet the developmental needs of participating children, and improve the quality of, and stability within, the child care workforce;
(II)
shall be developed in consultation with the State Advisory Council on Early Childhood Education and Care (designated or established pursuant to section 642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i))), and may engage training providers in aligning training opportunities with the State’s training framework;
(III)
incorporates knowledge and application of the State’s early learning and developmental guidelines (where applicable), the State’s health and safety standards, and incorporates social-emotional behavior intervention models, which may include positive behavior intervention and support models;
(IV)
shall be accessible to providers supported through Indian tribes or tribal organizations that receive assistance under this subchapter; and
(V)
to the extent practicable, are appropriate for a population of children that includes—
- (aa)
different age groups;
- (bb)
English learners;
- (cc)
children with disabilities; and
- (dd)
Native Americans, including Indians, as the term is defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) (including Alaska Natives within the meaning of that term), and Native Hawaiians (as defined in section 6207 of the Elementary and Secondary Education Act of 1965).
(iii)

Information.—
The plan shall include the number of hours of training required for eligible providers and caregivers to engage in annually, as determined by the State.
(iv)

Construction.—
The Secretary shall not require an individual or entity that provides child care services for which assistance is provided in accordance with this subchapter to acquire a credential to provide such services. Nothing in this section shall be construed to prohibit a State from requiring a credential.
(H)

Child-to-provider ratio standards.—
(i)

Standards.—
The plan shall describe child care standards for child care services for which assistance is made available in accordance with this subchapter, appropriate to the type of child care setting involved, to provide for the safety and developmental needs of the children served, that address—
(I)
group size limits for specific age populations, as determined by the State;
(II)
the appropriate ratio between the number of children and the number of providers, in terms of the age of the children in child care, as determined by the State; and
(III)
required qualifications for such providers, as determined by the State.
(ii)

Construction.—
The Secretary may offer guidance to States on child-to-provider ratios described in clause (i) according to setting and age group, but shall not require that the State maintain specific group size limits for specific age populations or child-to-provider ratios for providers who receive assistance in accordance with subchapter 11.
^{11}
So in law. Should read “this subchapter”.
(I)

Health and safety requirements.—
The plan shall include a certification that there are in effect within the State, under State or local law, requirements designed to protect the health and safety of children that are applicable to child care providers that provide services for which assistance is made available in accordance with this subchapter. Such requirements—
(i)
shall relate to matters including health and safety topics consisting of—
(I)
the prevention and control of infectious diseases (including immunization) and the establishment of a grace period that allows homeless children and children in foster care to receive services under this subchapter while their families (including foster families) are taking any necessary action to comply with immunization and other health and safety requirements;
(II)
prevention of sudden infant death syndrome and use of safe sleeping practices;
(III)
the administration of medication, consistent with standards for parental consent;
(IV)
the prevention of and response to emergencies due to food and allergic reactions;
(V)
building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic;
(VI)
prevention of shaken baby syndrome and abusive head trauma;
(VII)
emergency preparedness and response planning for emergencies resulting from a natural disaster, or a man-caused event (such as violence at a child care facility), within the meaning of those terms under section 602(a)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195a(a)(1));
(VIII)
the handling and storage of hazardous materials and the appropriate disposal of biocontaminants;
(IX)
for providers that offer transportation, if applicable, appropriate precautions in transporting children;
(X)
first aid and cardiopulmonary resuscitation; and
(XI)
minimum health and safety training, to be completed pre-service or during an orientation period in addition to ongoing training, appropriate to the provider setting involved that addresses each of the requirements relating to matters described in subclauses (I) through (X); and
(ii)
may include requirements relating to nutrition, access to physical activity, or any other subject area determined by the State to be necessary to promote child development or to protect children's health and safety.
(J)

Compliance with state and local health and safety requirements.—
The plan shall include a certification that procedures are in effect to ensure that child care providers within the State, that provide services for which assistance is made available in accordance with this subchapter, comply with all applicable State and local health and safety requirements as described in subparagraph (I).
(K)

Enforcement of licensing and other regulatory requirements.—
(i)

Certification.—
The plan shall include a certification that the State, not later than 2 years after the date of enactment of the Child Care and Development Block Grant Act of 2014, shall have in effect policies and practices, applicable to licensing or regulating child care providers that provide services for which assistance is made available in accordance with this subchapter and the facilities of those providers, that—
(I)
ensure that individuals who are hired as licensing inspectors in the State are qualified to inspect those child care providers and facilities and have received training in related health and safety requirements, and are trained in all aspects of the State’s licensure requirements;
(II)
require licensing inspectors (or qualified inspectors designated by the lead agency) of those child care providers and facilities to perform inspections, with—
- (aa)
not less than 1 prelicensure inspection, for compliance with health, safety, and fire standards, of each such child care provider and facility in the State; and
- (bb)
not less than annually, an inspection (which shall be unannounced) of each such child care provider and facility in the State for compliance with all child care licensing standards, which shall include an inspection for compliance with health, safety, and fire standards (inspectors may inspect for compliance with all 3 standards at the same time);
(III)
require the ratio of licensing inspectors to such child care providers and facilities in the State to be maintained at a level sufficient to enable the State to conduct inspections of such child care providers and facilities on a timely basis in accordance with Federal, State, and local law; and
(IV)
require licensing inspectors (or qualified inspectors designated by the lead agency) of child care providers and facilities to perform an annual inspection of each license-exempt provider in the State receiving funds under this subchapter (unless the provider is an eligible child care provider as described in section 658P(6)(B)) for compliance with health, safety, and fire standards, at a time to be determined by the State.
(ii)

Construction.—
The Secretary may offer guidance to a State, if requested by the State, on a research-based minimum standard regarding ratios described in clause (i)(III) and provide technical assistance to the State on meeting the minimum standard within a reasonable time period, but shall not prescribe a particular ratio.
(L)

Compliance with child abuse reporting requirements.—
The plan shall include a certification that child care providers within the State will comply with the child abuse reporting requirements of section 106(b)(2)(B)(i) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)(i)).
(M)

Meeting the needs of certain populations.—
The plan shall describe how the State will develop and implement strategies (which may include alternative reimbursement rates to child care providers, the provision of direct contracts or grants to community-based organizations, offering child care certificates to parents, or other means determined by the State) to increase the supply and improve the quality of child care services for—
(i)
children in underserved areas;
(ii)
infants and toddlers;
(iii)
children with disabilities, as defined by the State; and
(iv)
children who receive care during nontraditional hours.
(N)

Protection for working parents.—
(i)

Minimum period.—
(I)

12-month period.—
The plan shall demonstrate that each child who receives assistance under this subchapter in the State will be considered to meet all eligibility requirements for such assistance and will receive such assistance, for not less than 12 months before the State or designated local entity redetermines the eligibility of the child under this subchapter, regardless of a temporary change in the ongoing status of the child's parent as working or attending a job training or educational program or a change in family income for the child's family, if that family income does not exceed 85 percent of the State median income for a family of the same size.
(II)

Fluctuations in earnings.—
The plan shall demonstrate how the State's or designated local entity’s processes for initial determination and redetermination of such eligibility take into account irregular fluctuations in earnings.
(ii)

Redetermination process.—
The plan shall describe the procedures and policies that are in place to ensure that working parents (especially parents in families receiving assistance under the program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)) are not required to unduly disrupt their employment in order to comply with the State's or designated local entity’s requirements for redetermination of eligibility for assistance provided in accordance with this subchapter.
(iii)

Period before termination.—
At the option of the State, the plan shall demonstrate that the State will not terminate assistance provided to carry out this subchapter based on a factor consisting of a parent's loss of work or cessation of attendance at a job training or educational program for which the family was receiving the assistance, without continuing the assistance for a reasonable period of time, of not less than 3 months, after such loss or cessation in order for the parent to engage in a job search and resume work, or resume attendance at a job training or educational program, as soon as possible.
(iv)

Graduated phaseout of care.—
The plan shall describe the policies and procedures that are in place to allow for provision of continued assistance to carry out this subchapter, at the beginning of a new eligibility period under clause (i)(I), for children of parents who are working or attending a job training or educational program and whose family income exceeds the State's income limit to initially qualify for such assistance, if the family income for the family involved does not exceed 85 percent of the State median income for a family of the same size.
(O)

Coordination with other programs.—
(i)

In general.—
The plan shall describe how the State, in order to expand accessibility and continuity of care, and assist children enrolled in early childhood programs to receive full-day services, will efficiently, and to the extent practicable, coordinate the services supported to carry out this subchapter with programs operating at the Federal, State, and local levels for children in preschool programs, tribal early childhood programs, and other early childhood programs, including those serving infants and toddlers with disabilities, homeless children, and children in foster care.
(ii)

Optional use of combined funds.—
If the State elects to combine funding for the services supported to carry out this subchapter with funding for any program described in clause (i), the plan shall describe how the State will combine the multiple sets of funding and use the combined funding.
(iii)

Rule of construction.—
Nothing in clause (i) shall be construed to affect the priority of children described in clause (i) to receive full-day prekindergarten or Head Start program services.
(P)

Public-private partnerships.—
The plan shall demonstrate how the State encourages partnerships among State agencies, other public agencies, Indian tribes and tribal organizations, and private entities, including faith-based and community-based organizations, to leverage existing service delivery systems (as of the date of the submission of the application containing the plan) for child care and development services and to increase the supply and quality of child care services for children who are less than 13 years of age, such as by implementing voluntary shared services alliance models.
(Q)

Priority for low-income populations.—
The plan shall describe the process the State proposes to use, with respect to investments made to increase access to programs providing high-quality child care and development services, to give priority for those investments to children of families in areas that have significant concentrations of poverty and unemployment and that do not have such programs.
(R)

Consultation.—
The plan shall include a certification that the State has developed the plan in consultation with the State Advisory Council on Early Childhood Education and Care designated or established pursuant to section 642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)).
(S)

Payment practices.—
The plan shall include—
(i)
a certification that the payment practices of child care providers in the State that serve children who receive assistance under this subchapter reflect generally accepted payment practices of child care providers in the State that serve children who do not receive assistance under this subchapter, so as to provide stability of funding and encourage more child care providers to serve children who receive assistance under this subchapter; and
(ii)
an assurance that the State will, to the extent practicable, implement enrollment and eligibility policies that support the fixed costs of providing child care services by delinking provider reimbursement rates from an eligible child’s occasional absences due to holidays or unforseen 12 circumstances such as illness.
^{12}
So in law. Should read “unforeseen”.
(T)

Early learning and developmental guidelines.—
(i)

In general.—
The plan shall include an assurance that the State will maintain or implement early learning and developmental guidelines (or develop such guidelines if the State does not have such guidelines as of the date of enactment of the Child Care and Development Block Grant Act of 2014) that are appropriate for children from birth to kindergarten entry, describing what such children should know and be able to do, and covering the essential domains of early childhood development for use statewide by child care providers. Such guidelines shall—
(I)
be research-based, developmentally appropriate, and aligned with entry to kindergarten;
(II)
be implemented in consultation with the state educational agency and the State Advisory Council on Early Childhood Education and Care (designated or established pursuant to section 642B(b)(I)(A)(i)13 of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)); and
^{13}
So in law. Should read “section 642B(b)(1)(A)(i)”.
(III)
be updated as determined by the State.
(ii)

Prohibition on use of funds.—
The plan shall include an assurance that funds received by the State to carry out this subchapter will not be used to develop or implement an assessment for children that—
(I)
will be the sole basis for a child care provider being determined to be ineligible to participate in the program carried out under this subchapter;
(II)
will be used as the primary or sole basis to provide a reward or sanction for an individual provider;
(III)
will be used as the primary or sole method for assessing program effectiveness; or
(IV)
will be used to deny children eligibility to participate in the program carried out under this subchapter.
(iii)

Exceptions.—
Nothing in this subchapter shall preclude the State from using a single assessment as determined by the State for children for—
(I)
supporting learning or improving a classroom environment;
(II)
targeting professional development to a provider;
(III)
determining the need for health, mental health, disability, developmental delay, or family support services;
(IV)
obtaining information for the quality improvement process at the State level; or
(V)
conducting a program evaluation for the purposes of providing program improvement and parent information.
(iv)

No federal control.—
Nothing in this section shall be construed to authorize an officer or employee of the Federal Government to—
(I)
mandate, direct, control, or place conditions (outside of what is required by this subchapter) around adopting a State’s early learning and developmental guidelines developed in accordance with this section;
(II)
establish any criterion that specifies, defines, prescribes, or places conditions (outside of what is required by this subchapter) on a State adopting standards or measures that a State uses to establish, implement, or improve such guidelines, related accountability systems, or alignment of such guidelines with education standards; or
(III)
require a State to submit such guidelines for review.
(U)

Disaster preparedness.—
(i)

In general.—
The plan shall demonstrate the manner in which the State will address the needs of children in child care services provided through programs authorized under this subchapter, including the need for safe child care, for the period before, during, and after a state of emergency declared by the Governor or a major disaster or emergency (as such terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)).
(ii)

Statewide child care disaster plan.—
Such plan shall include a statewide child care disaster plan for coordination of activities and collaboration, in the event of an emergency or disaster described in clause (i), among the State agency with jurisdiction over human services, the agency with jurisdiction over State emergency planning, the State lead agency, the State agency with jurisdiction over licensing of child care providers, the local resource and referral organizations, the State resource and referral system, and the State Advisory Council on Early Childhood Education and Care as provided for under section 642B(b) of the Head Start Act (42 U.S.C. 9837b(b)).
(iii)

Disaster plan components.—
The components of the disaster plan, for such an emergency or disaster, shall include—
(I)
evacuation, relocation, shelter-in-place, and lock-down procedures, and procedures for communication and reunification with families, continuity of operations, and accommodation of infants and toddlers, children with disabilities, and children with chronic medical conditions;
(II)
guidelines for the continuation of child care services in the period following the emergency or disaster, which may include the provision of emergency and temporary child care services, and temporary operating standards for child care providers during that period; and
(III)
procedures for staff and volunteer emergency preparedness training and practice drills.
(V)

Business technical assistance.—
The plan shall describe how the State will develop and implement strategies to strengthen the business practices of child care providers to expand the supply, and improve the quality of, child care services.
(3)

Use of block grant funds.—
(A)

General requirement.—
The State plan shall provide that the State will use the amounts provided to the State for each fiscal year under this subchapter in accordance with subparagraphs (B) through (D).
(B)

Child care services and related activities.—
(i)

In general.—
The State shall use amounts provided to the State for each fiscal year under this subchapter for child care services on a sliding fee scale basis, activities that improve the quality or availability of such services, activities that improve access to child care services, including the use of procedures to permit enrollment (after an initial eligibility determination) of homeless children while required documentation is obtained, training and technical assistance on identifying and serving homeless children and their families, and specific outreach to homeless families, and any other activity that the State determines to be appropriate to meet the purposes of this subchapter (which may include an activity described in clause (ii)), with priority being given for services provided to children of families with very low family incomes (taking into consideration family size) and to children with special needs.
(ii)

Report by the assistant secretary for children and families.—
(I)

In general.—
Not later than September 30 of the first full fiscal year after the date of enactment of the Child Care and Development Block Grant Act of 2014, and September 30 of each fiscal year thereafter, the Secretary (acting through the Assistant Secretary for Children and Families of the Department of Health and Human Services) shall prepare a report that contains a determination about whether each State uses amounts provided to such State for the fiscal year involved under this subchapter in accordance with the priority for services described in clause (i).
(II)

Penalty for noncompliance.—
For any fiscal year that the report of the Secretary described in subclause (I) indicates that a State has failed to give priority for services in accordance with clause (i), the Secretary shall—
- (aa)
inform the State that the State has until the date that is 6 months after the Secretary has issued such report to fully comply with clause (i);
- (bb)
provide the State an opportunity to modify the State plan of such State, to make the plan consistent with the requirements of clause (i), and resubmit such State plan to the Secretary not later than the date described in item (aa); and
- (cc)
if the State does not fully comply with clause (i) and item (bb), by the date described in item (aa), withhold 5 percent of the funds that would otherwise be allocated to that State in accordance with this subchapter for the first full fiscal year after that date.
(III)

Waiver for extraordinary circumstances.—
Notwithstanding subclause (II) the Secretary may grant a waiver to a State for one year to the penalty applied in subclause (II) if the Secretary determines there are extraordinary circumstances, such as a natural disaster, that prevent the State from complying with clause (i). If the Secretary does grant a waiver to a State under this section, the Secretary shall, within 30 days of granting such waiver, submit a report to the appropriate congressional committees on the circumstances of the waiver including the stated reason from the State on the need for a waiver, the expected impact of the waiver on children served under this program, and any such other relevant information the Secretary deems necessary.
(iii)

Child care resource and referral system.—
(I)

In general.—
A State may use amounts described in clause (i) to establish or support a system of local or regional child care resource and referral organizations that is coordinated, to the extent determined appropriate by the State, by a statewide public or private nonprofit, community-based or regionally based, lead child care resource and referral organization.
(II)

Local or regional organizations.—
The local or regional child care resource and referral organizations supported as described in subclause (I) shall—
- (aa)
provide parents in the State with consumer education information referred to in paragraph (2)(E) (except as otherwise provided in that paragraph), concerning the full range of child care options (including faith-based and community-based child care providers), analyzed by provider, including child care provided during nontraditional hours and through emergency child care centers, in their political subdivisions or regions;
- (bb)
to the extent practicable, work directly with families who receive assistance under this subchapter to offer the families support and assistance, using information described in item (aa), to make an informed decision about which child care providers they will use, in an effort to ensure that the families are enrolling their children in the most appropriate child care setting to suit their needs and one that is of high quality (as determined by the State);
- (cc)
collect data and provide information on the coordination of services and supports, including services under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431, et seq.), for children with disabilities (as defined in section 602 of such Act (20 U.S.C. 1401));
- (dd)
collect data and provide information on the supply of and demand for child care services in political subdivisions or regions within the State and submit such information to the State;
- (ee)
work to establish partnerships with public agencies and private entities, including faith-based and community-based child care providers, to increase the supply and quality of child care services in the State; and
- (ff)
as appropriate, coordinate their activities with the activities of the State lead agency and local agencies that administer funds made available in accordance with this subchapter.
(C)

Limitation on administrative costs.—
Not more than 5 percent of the aggregate amount of funds available to the State to carry out this subchapter by a State in each fiscal year may be expended for administrative costs incurred by such State to carry out all of its functions and duties under this subchapter. As used in the preceding sentence, the term “administrative costs” shall not include the costs of providing direct services.
(D)

Assistance for certain families.—
A State shall ensure that a substantial portion of the amounts available (after the State has complied with the requirement of section 418(b)(2) of the Social Security Act with respect to each of the fiscal years 2015 through 202014 to the State to carry out activities under this subchapter in each fiscal year is used to provide assistance to low-income working families including or in addition to families with children described in clause (i), (ii), (iii), or (iv) of paragraph (2)(M).
^{14}
Section 5(b)(3)(C)(i) of Public Law 113-186 amends section 658E(c)(3)(D) by striking “1997 through 2002)” and inserting “2015 through 2020”. This amendment results in the absence of a close parenthesis after “2020”.
(E)

Direct services.—
From amounts provided to a State for a fiscal year to carry out this subchapter, the State shall—
(i)
reserve the minimum amount required to be reserved under section 658G, and the funds for costs described in subparagraph (C); and
(ii)
from the remainder, use not less than 70 percent to fund direct services (provided by the State) in accordance with paragraph (2)(A).
(4)

Payment rates.—
(A)

In general.—
The State plan shall certify that payment rates for the provision of child care services for which assistance is provided in accordance with this subchapter are sufficient to ensure equal access for eligible children to child care services that are comparable to child care services in the State or substate area involved that are provided to children whose parents are not eligible to receive assistance under this subchapter or to receive child care assistance under any other Federal or State program, and shall provide a summary of the facts relied on by the State to determine that such rates are sufficient to ensure such access.
(B)

Survey.—
The State plan shall—
(i)
demonstrate that the State has, after consulting with the State Advisory Council on Early Childhood Education and Care designated or established in section 642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)), local child care program administrators, local child care resource and referral agencies, and other appropriate entities, developed and conducted (not earlier than 2 years before the date of the submission of the application containing the State plan) a statistically valid and reliable survey of the market rates for child care services in the State (that reflects variations in the cost of child care services by geographic area, type of provider, and age of child) or an alternative methodology, such as a cost estimation model, that has been developed by the State lead agency;
(ii)
demonstrate that the State prepared a detailed report containing the results of the State market rates survey or alternative methodology conducted pursuant to clause (i), and made the results of the survey or alternative methodology widely available (not later than 30 days after the completion of such survey or alternative methodology) through periodic means, including posting the results on the Internet;
(iii)
describe how the State will set payment rates for child care services, for which assistance is provided in accordance with this subchapter—
(I)
in accordance with the results of the market rates survey or alternative methodology conducted pursuant to clause (i);
(II)
taking into consideration the cost of providing higher quality child care services than were provided under this subchapter before the date of enactment of the Child Care and Development Block Grant Act of 2014; and
(III)
without, to the extent practicable, reducing the number of families in the State receiving such assistance to carry out this subchapter, relative to the number of such families on the date of enactment of that Act; and
(iv)
describe how the State will provide for timely payment for child care services provided under this subchapter.
(C)

Construction.—
(i)

No private right of action.—
Nothing in this paragraph shall be construed to create a private right of action if the State acted in accordance with this paragraph.
(ii)

No prohibition of certain different rates.—
Nothing in this subchapter shall be construed to prevent a State from differentiating the payment rates described in subparagraph (B)(iii) on the basis of such factors as—
(I)
geographic location of child care providers (such as location in an urban or rural area);
(II)
the age or particular needs of children (such as the needs of children with disabilities and children served by child protective services);
(III)
whether the providers provide child care services during weekend and other nontraditional hours; or
(IV)
the State’s determination that such differentiated payment rates may enable a parent to choose high-quality child care that best fits the parent’s needs.
(5)

Sliding fee scale.—
The State plan shall provide that the State will establish and periodically revise, by rule, a sliding fee scale that provides for cost sharing (that is not a barrier to families receiving assistance under this subchapter) by the families that receive child care services for which assistance is provided under this subchapter.
(d)

Approval of Application.—
The Secretary shall approve an application that satisfies the requirements of this section.
[42 U.S.C. 9858c]
SEC. 658F.

LIMITATIONS ON STATE ALLOTMENTS.
(a)

No Entitlement to Contract or Grant.—
Nothing in this subchapter shall be construed—
(1)
to entitle any child care provider or recipient of a child care certificate to any contract, grant or benefit; or
(2)
to limit the right of any State to impose additional limitations or conditions on contracts or grants funded under this subchapter.
(b)

Construction of Facilities.—
(1)

In general.—
Except as provided for in section 658O(c)(6), no funds made available under this subchapter shall be expended for the purchase or improvement of land, or for the purchase, construction, or permanent improvement (other than minor remodeling) of any building or facility.
(2)

Sectarian agency or organization.—
In the case of a sectarian agency or organization, no funds made available under this subchapter may be used for the purposes described in paragraph (1) except to the extent that renovation or repair is necessary to bring the facility of such agency or organization into compliance with health and safety requirements referred to in section 658E(c)(2)(I).
[42 U.S.C. 9858d]
SEC. 658G.

ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.
(a)

Reservation.—
(1)

Reservation for activities relating to the quality of child care services.—
A State that receives funds to carry out this subchapter for a fiscal year referred to in paragraph (2) shall reserve and use a portion of such funds, in accordance with paragraph (2), for activities provided directly, or through grants or contracts with local child care resource and referral organizations or other appropriate entities, that are designed to improve the quality of child care services and increase parental options for, and access to, high-quality child care, and is in alignment with a Statewide assessment of the State’s needs to carry out such services and care, provided in accordance with this subchapter.
(2)

Amount of reservations.—
Such State shall reserve and use—
(A)
to carry out the activities described in paragraph (1), not less than—
(i)
7 percent of the funds described in paragraph (1), for the first and second full fiscal years after the date of enactment of the Child Care and Development Block Grant Act of 2014;
(ii)
8 percent of such funds for the third and fourth full fiscal years after the date of enactment; and
(iii)
9 percent of such funds for the fifth and each succeeding full fiscal year after the date of enactment; and
(B)
in addition to the funds reserved under subparagraph (A), 3 percent of the funds described in paragraph (1) received not later than the second full fiscal year after the date of enactment and received for each succeeding full fiscal year, to carry out the activities described in paragraph (1) and subsection (b)(4), as such activities relate to the quality of care for infants and toddlers.
(3)

State reservation amount.—
Nothing in this subsection shall preclude the State from reserving a larger percentage of funds to carry out the activities described in paragraph (1) and subsection (b).
(b)

Activities.—
Funds reserved under subsection (a) shall be used to carry out no fewer than one of the following activities that will improve the quality of child care services provided in the State:
(1)
Supporting the training and professional development of the child care workforce through activities such as those included under section 658E(c)(2)(G), in addition to—
(A)
offering training and professional development opportunities for child care providers that relate to the use of scientifically-based, developmentally-appropriate and age-appropriate strategies to promote the social, emotional, physical, and cognitive development of children, including those related to nutrition and physical activity, and offering specialized training for child care providers caring for those populations prioritized in section 658E(c)(2)(Q), and children with disabilities;
(B)
incorporating the effective use of data to guide program improvement;
(C)
including effective behavior management strategies and training, including positive behavior interventions and support models, that promote positive social and emotional development and reduce challenging behaviors, including reducing expulsions of preschool-aged children for such behaviors;15
^{15}
So in law. There is no subparagraph (D).
(E)
providing training and outreach on engaging parents and families in culturally and linguistically appropriate ways to expand their knowledge, skills, and capacity to become meaningful partners in supporting their children’s positive development;
(F)
providing training corresponding to the nutritional and physical activity needs of children to promote healthy development;
(G)
providing training or professional development for child care providers regarding the early neurological development of children; and
(H)
connecting child care staff members of child care providers with available Federal and State financial aid, or other resources, that would assist child care staff members in pursuing relevant postsecondary training.
(2)
Improving upon the development or implementation of the early learning and developmental guidelines described in section 658E(c)(2)(T) by providing technical assistance to eligible child care providers that enhances the cognitive, physical, social and emotional development, including early childhood development, of participating preschool and school-aged children and supports their overall well-being.
(3)
Developing, implementing, or enhancing a tiered quality rating system for child care providers and services, which may—
(A)
support and assess the quality of child care providers in the State;
(B)
build on State licensing standards and other State regulatory standards for such providers;
(C)
be designed to improve the quality of different types of child care providers and services;
(D)
describe the safety of child care facilities;
(E)
build the capacity of State early childhood programs and communities to promote parents’ and families’ understanding of the State’s early childhood system and the ratings of the programs in which the child is enrolled;
(F)
provide, to the maximum extent practicable, financial incentives and other supports designed to expand the full diversity of child care options and help child care providers improve the quality of services; and
(G)
accommodate a variety of distinctive approaches to early childhood education and care, including but not limited to, those practiced in faith-based settings, community-based settings, child-centered settings, or similar settings that offer a distinctive approach to early childhood development.
(4)
Improving the supply and quality of child care programs and services for infants and toddlers through activities, which may include—
(A)
establishing or expanding high-quality community or neighborhood-based family and child development centers, which may serve as resources to child care providers in order to improve the quality of early childhood services provided to infants and toddlers from low-income families and to help eligible child care providers improve their capacity to offer high-quality, age-appropriate care to infants and toddlers from low-income families;
(B)
establishing or expanding the operation of community or neighborhood-based family child care networks;
(C)
promoting and expanding child care providers’ ability to provide developmentally appropriate services for infants and toddlers through training and professional development; coaching and technical assistance on this age group’s unique needs from statewide networks of qualified infant-toddler specialists; and improved coordination with early intervention specialists who provide services for infants and toddlers with disabilities under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.);
(D)
if applicable, developing infant and toddler components within the State’s quality rating system described in paragraph (3) for child care providers for infants and toddlers, or the development of infant and toddler components in a State’s child care licensing regulations or early learning and development guidelines;
(E)
improving the ability of parents to access transparent and easy to understand consumer information about high-quality infant and toddler care; and
(F)
carrying out other activities determined by the State to improve the quality of infant and toddler care provided in the State, and for which there is evidence that the activities will lead to improved infant and toddler health and safety, infant and toddler cognitive and physical development, or infant and toddler well-being, including providing health and safety training (including training in safe sleep practices, first aid, and cardiopulmonary resuscitation) for providers and caregivers.
(5)
Establishing or expanding a statewide system of child care resource and referral services.
(6)
Facilitating compliance with State requirements for inspection, monitoring, training, and health and safety, and with State licensing standards.
(7)
Evaluating and assessing the quality and effectiveness of child care programs and services offered in the State, including evaluating how such programs positively impact children.
(8)
Supporting child care providers in the voluntary pursuit of accreditation by a national accrediting body with demonstrated, valid, and reliable program standards of high quality.
(9)
Supporting State or local efforts to develop or adopt high-quality program standards relating to health, mental health, nutrition, physical activity, and physical development.
(10)
Carrying out other activities determined by the State to improve the quality of child care services provided in the State, and for which measurement of outcomes relating to improved provider preparedness, child safety, child well-being, or entry to kindergarten is possible.
(c)

Certification.—
Beginning with fiscal year 2016, at the beginning of each fiscal year, the State shall annually submit to the Secretary a certification containing an assurance that the State was in compliance with subsection (a) during the preceding fiscal year and a description of how the State used funds received under this subchapter to comply with subsection (a) during that preceding fiscal year.
(d)

Reporting Requirements.—
Each State receiving funds under this subchapter shall prepare and submit an annual report to the Secretary, which shall include information about—
(1)
the amount of funds that are reserved under subsection (a);
(2)
the activities carried out under this section; and
(3)
the measures that the State will use to evaluate the State's progress in improving the quality of child care programs and services in the State.
(e)

Technical Assistance.—
The Secretary shall offer technical assistance, in accordance with section 658I(a)(3), which may include technical assistance through the use of grants or cooperative agreements, to States for the activities described in subsection (b) at the request of the State.
(f)

Construction.—
Nothing in this section shall be construed as providing the Secretary the authority to regulate, direct, dictate, or place conditions (outside of what is required by this subchapter) on a State adopting specific State child care quality activities or progress in implementing those activities.
[42 U.S.C. 9858e]
SEC. 658H.

CRIMINAL BACKGROUND CHECKS.
(a)

In General.—
A State that receives funds to carry out this subchapter shall have in effect—
(1)
requirements, policies, and procedures to require and conduct criminal background checks for child care staff members (including prospective child care staff members) of child care providers described in subsection (c)(1); and
(2)
licensing, regulation, and registration requirements, as applicable, that prohibit the employment of child care staff members as described in subsection (c).
(b)

Requirements.—
A criminal background check for a child care staff member under subsection (a) shall include—
(1)
a search of the State criminal and sex offender registry or repository in the State where the child care staff member resides, and each State where such staff member resided during the preceding 5 years;
(2)
a search of State-based child abuse and neglect registries and databases in the State where the child care staff member resides, and each State where such staff member resided during the preceding 5 years;
(3)
a search of the National Crime Information Center;
(4)
a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and
(5)
a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.).
(c)

Prohibitions.—
(1)

Child care staff members.—
A child care staff member shall be ineligible for employment by a child care provider that is receiving assistance under this subchapter if such individual—
(A)
refuses to consent to the criminal background check described in subsection (b);
(B)
knowingly makes a materially false statement in connection with such criminal background check;
(C)
is registered, or is required to be registered, on a State sex offender registry or repository or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); or
(D)
has been convicted of a felony consisting of—
(i)
murder, as described in section 1111 of title 18, United States Code;
(ii)
child abuse or neglect;
(iii)
a crime against children, including child pornography;
(iv)
spousal abuse;
(v)
a crime involving rape or sexual assault;
(vi)
kidnapping;
(vii)
arson;
(viii)
physical assault or battery; or
(ix)
subject to subsection (e)(4), a drug-related offense committed during the preceding 5 years; or
(E)
has been convicted of a violent misdemeanor committed as an adult against a child, including the following crimes: child abuse, child endangerment, sexual assault, or of a misdemeanor involving child pornography.
(2)

Child care providers.—
A child care provider described in subsection (i)(1) shall be ineligible for assistance provided in accordance with this subchapter if the provider employs a staff member who is ineligible for employment under paragraph (1).
(d)

Submission of Requests for Background Checks.—
(1)

In general.—
A child care provider covered by subsection (c) shall submit a request, to the appropriate State agency designated by a State, for a criminal background check described in subsection (b), for each child care staff member (including prospective child care staff members) of the provider.
(2)

Staff members.—
Subject to paragraph (4), in the case of an individual who became a child care staff member before the date of enactment of the Child Care and Development Block Grant Act of 2014, the provider shall submit such a request—
(A)
prior to the last day described in subsection (j)(1); and
(B)
not less often than once during each 5-year period following the first submission date under this paragraph for that staff member.
(3)

Prospective staff members.—
Subject to paragraph (4), in the case of an individual who is a prospective child care staff member on or after that date of enactment, the provider shall submit such a request—
(A)
prior to the date the individual becomes a child care staff member of the provider; and
(B)
not less than once during each 5-year period following the first submission date under this paragraph for that staff member.
(4)

Background check for another child care provider.—
A child care provider shall not be required to submit a request under paragraph (2) or (3) for a child care staff member if—
(A)
the staff member received a background check described in subsection (b)—
(i)
within 5 years before the latest date on which such a submission may be made; and
(ii)
while employed by or seeking employment by another child care provider within the State;
(B)
the State provided to the first provider a qualifying background check result, consistent with this subchapter, for the staff member; and
(C)
the staff member is employed by a child care provider within the State, or has been separated from employment from a child care provider within the State for a period of not more than 180 consecutive days.
(e)

Background Check Results and Appeals.—
(1)

Background check results.—
The State shall carry out the request of a child care provider for a criminal background check as expeditiously as possible, but not to exceed 45 days after the date on which such request was submitted, and shall provide the results of the criminal background check to such provider and to the current or prospective staff member.
(2)

Privacy.—
(A)

In general.—
The State shall provide the results of the criminal background check to the provider in a statement that indicates whether a child care staff member (including a prospective child care staff member) is eligible or ineligible for employment described in subsection (c), without revealing any disqualifying crime or other related information regarding the individual.
(B)

Ineligible staff member.—
If the child care staff member is ineligible for such employment due to the background check, the State will, when providing the results of the background check, include information related to each disqualifying crime, in a report to the staff member or prospective staff member.
(C)

Public release of results.—
No State shall publicly release or share the results of individual background checks, except States may release aggregated data by crime as listed under subsection (c)(1)(D) from background check results, as long as such data is not personally identifiable information.
(3)

Appeals.—
(A)

In general.—
The State shall provide for a process by which a child care staff member (including a prospective child care staff member) may appeal the results of a criminal background check conducted under this section to challenge the accuracy or completeness of the information contained in such member’s criminal background report.
(B)

Appeals process.—
The State shall ensure that—
(i)
each child care staff member shall be given notice of the opportunity to appeal;
(ii)
a child care staff member will receive instructions about how to complete the appeals process if the child care staff member wishes to challenge the accuracy or completeness of the information contained in such member's criminal background report; and
(iii)
the appeals process is completed in a timely manner for each child care staff member.
(4)

Review.—
The State may allow for a review process through which the State may determine that a child care staff member (including a prospective child care staff member) disqualified for a crime specified in subsection (c)(1)(D)(ix) is eligible for employment described in subsection (c)(1), notwithstanding subsection (c). The review process shall be consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.).
(5)

No private right of action.—
Nothing in this section shall be construed to create a private right of action if a provider has acted in accordance with this section.
(f)

Fees for Background Checks.—
Fees that a State may charge for the costs of processing applications and administering a criminal background check as required by this section shall not exceed the actual costs to the State for the processing and administration.
(g)

Transparency.—
The State must ensure that the policies and procedures under section 658H are published on the Web site (or otherwise publicly available venue in the absence of a Web site) of the State and the Web sites of local lead agencies.
(h)

Construction.—
(1)

Disqualification for other crimes.—
Nothing in this section shall be construed to prevent a State from disqualifying individuals as child care staff members based on their conviction for crimes not specifically listed in this section that bear upon the fitness of an individual to provide care for and have responsibility for the safety and well-being of children.
(2)

Rights and remedies.—
Nothing in this section shall be construed to alter or otherwise affect the rights and remedies provided for child care staff members residing in a State that disqualifies individuals as child care staff members for crimes not specifically provided for under this section.
(i)

Definitions.—
In this section—
(1)
the term “child care provider” means a center-based child care provider, a family child care provider, or another provider of child care services for compensation and on a regular basis that—
(A)
is not an individual who is related to all children for whom child care services are provided; and
(B)
is licensed, regulated, or registered under State law or receives assistance provided under this subchapter; and
(2)
the term “child care staff member” means an individual (other than an individual who is related to all children for whom child care services are provided)—
(A)
who is employed by a child care provider for compensation; or
(B)
whose activities involve the care or supervision of children for a child care provider or unsupervised access to children who are cared for or supervised by a child care provider.
(j)

Effective Date.—
(1)

In general.—
A State that receives funds under this subchapter shall meet the requirements of this section for the provision of criminal background checks for child care staff members described in subsection (d)(1) not later than the last day of the second full fiscal year after the date of enactment of the Child Care and Development Block Grant Act of 2014.
(2)

Extension.—
The Secretary may grant a State an extension of time, of not more than 1 fiscal year, to meet the requirements of this section if the State demonstrates a good faith effort to comply with the requirements of this section.
(3)

Penalty for noncompliance.—
Except as provided in paragraphs (1) and (2), for any fiscal year that a State fails to comply substantially with the requirements of this section, the Secretary shall withhold 5 percent of the funds that would otherwise be allocated to that State in accordance with this subchapter for the following fiscal year.
[42 U.S.C. 9858f]
SEC. 658I.

ADMINISTRATION AND ENFORCEMENT.
(a)

Administration.—
The Secretary shall—
(1)
coordinate all activities of the Department of Health and Human Services relating to child care, and, to the maximum extent practicable, coordinate such activities with similar activities of other Federal entities;
(2)
collect, publish, and make available to the public a listing of State child care standards at least once every 3 years;
(3)
provide technical assistance, such as business technical assistance, as described in section 658E(c)(2)(V), to States (which may include providing assistance on a reimbursable basis) which shall be provided by qualified experts on practices grounded in scientifically valid research, where appropriate, to carry out this subchapter;
(4)
disseminate, for voluntary informational purposes, information on practices that scientifically valid research indicates are most successful in improving the quality of programs that receive assistance with this subchapter; and
(5)
after consultation with the heads of any other Federal agencies involved, issue guidance and disseminate information on best practices regarding the use of funding combined by States as described in section 658E(c)(2)(O)(ii), consistent with laws other than this subchapter.
(b)

Enforcement.—
(1)

Review of compliance with state plan.—
The Secretary shall review and monitor State compliance with this subchapter and the plan approved under section 658E(c) for the State.
(2)

Noncompliance.—
(A)

In general.—
If the Secretary, after reasonable notice to a State and opportunity for a hearing, finds that—
(i)
there has been a failure by the State to comply substantially with any provision or requirement set forth in the plan approved under section 658E(c) for the State; or
(ii)
in the operation of any program for which assistance is provided under this subchapter there is a failure by the State to comply substantially with any provision of this subchapter;
the Secretary shall notify the State of the finding and shall require that the State reimburse the Secretary for any funds that were improperly expended for purposes prohibited or not authorized by this subchapter, that the Secretary deduct from the administrative portion of the State allotment for the following fiscal year an amount that is less than or equal to any improperly expended funds, or a combination of such options.
(B)

Additional sanctions.—
In the case of a finding of noncompliance made pursuant to subparagraph (A), the Secretary may, in addition to imposing the sanctions described in such subparagraph, impose other appropriate sanctions, including recoupment of money improperly expended for purposes prohibited or not authorized by this subchapter, and disqualification from the receipt of financial assistance under this subchapter.
(C)

Notice.—
The notice required under subparagraph (A) shall include a specific identification of any additional sanction being imposed under subparagraph (B).
(3)

Issuance of rules.—
The Secretary shall establish by rule procedures for—
(A)
receiving, processing, and determining the validity of complaints concerning any failure of a State to comply with the State plan or any requirement of this subchapter; and
(B)
imposing sanctions under this section.
(c)

Request for Relief.—
(1)

In general.—
The Secretary may waive for a period of not more than three years any provision under this subchapter or sanctions imposed upon a State in accordance with subsection (b)(2) upon the State’s request for such a waiver if the Secretary finds that—
(A)
the request describes one or more conflicting or duplicative requirements preventing the effective delivery of child care services to justify a waiver, extraordinary circumstances, such as natural disaster or financial crisis, or an extended period of time for a State legislature to enact legislation to implement the provisions of this subchapter;
(B)
such circumstances included in the request prevent the State from complying with any statutory or regulatory requirements of this subchapter;
(C)
the waiver will, by itself, contribute to or enhance the State’s ability to carry out the purposes of this subchapter; and,16
^{16}
The comma after “and” at the end of subparagraph (C) should not appear.
(D)
the waiver will not contribute to inconsistency with the objectives of this law.
(2)

Contents.—
Such request shall be provided to the Secretary in writing and will—
(A)
detail each sanction or provision within this subchapter that the State seeks relief from;
(B)
describe how a waiver from that sanction or provision of this subchapter will, by itself, improve delivery of child care services for children in the State; and
(C)
certify that the health, safety, and well-being of children served through assistance received under this subchapter will not be compromised as a result of the waiver.
(3)

Approval.—
Within 90 days after the receipt of a State’s request under this subsection, the Secretary shall inform the State of approval or disapproval of the request. If the plan is disapproved, the Secretary shall, at this time, inform the State, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate of the reasons for the disapproval and give the State the opportunity to amend the request. In the case of approval, the Secretary shall, within 30 days of granting such waiver, notify and submit a report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate on the circumstances of the waiver including each specific sanction or provision waived, the reason as given by the State of the need for a waiver, and the expected impact of the waiver on children served under this program.
(4)

External conditions.—
The Secretary shall not require or impose any new or additional requirements in exchange for receipt of a waiver if such requirements are not specified in this subchapter.
(5)

Duration.—
The Secretary may approve a request under this subsection for a period not to exceed three years, unless a renewal is granted under paragraph (7).
(6)

Termination.—
The Secretary shall terminate approval of a request for a waiver authorized under this subsection if the Secretary determines, after notice and opportunity for a hearing, that the performance of a State granted relief under this subsection has been inadequate, or if such relief is no longer necessary to achieve its original purposes.
(7)

Renewal.—
The Secretary may approve or disapprove a request from a State for renewal of an existing waiver under this subchapter for a period no longer than one year. A State seeking to renew their waiver approval must inform the Secretary of this intent no later than 30 days prior to the expiration date of the waiver. The State shall re-certify in its extension request the provisions in paragraph (2) of this subchapter, and shall also explain the need for additional time of relief from such sanction(s) or provisions approved under this law as provided in this subchapter.
(8)

Restrictions.—
Nothing in this subchapter shall be construed as providing the Secretary the authority to permit States to alter the eligibility requirements for eligible children, including work requirements, job training, or educational program participation, that apply to the parents of eligible children under this subchapter. Nothing in this subsection shall be construed to allow the Secretary to waive anything related to his or her authority under this subchapter.
[42 U.S.C. 9858g]
SEC. 658J.

PAYMENTS.
(a)

In General.—
Subject to the availability of appropriations, a State that has an application approved by the Secretary under section 658E(d) shall be entitled to a payment under this section for each fiscal year in an amount equal to its allotment under section 658O for such fiscal year.
(b)

Method of Payment.—
(1)

In general.—
Subject to paragraph (2), the Secretary may make payments to a State in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments, as the Secretary may determine.
(2)

Limitation.—
The Secretary may not make such payments in a manner that prevents the State from complying with the requirement specified in section 658E(c)(3).
(c)

Spending of Funds by State.—
Payments to a State from the allotment under section 658O for any fiscal year may be obligated by the State in that fiscal year or in the succeeding fiscal year.
[42 U.S.C. 9858h]
SEC. 658K.

REPORTS AND AUDITS.
(a)

Reports.—
(1)

Collection of information by states.—
(A)

In general.—
A State that receives funds to carry out this subchapter shall collect the information described in subparagraph (B) on a monthly basis.
(B)

Required information.—
The information required under this subparagraph shall include, with respect to a family unit receiving assistance under this subchapter information concerning—
(i)
family income;
(ii)
county of residence;
(iii)
the gender, race, and age of children receiving such assistance;
(iv)
whether the head of the family unit is a single parent;
(v)
the sources of family income, including—
(I)
employment, including self-employment;
(II)
cash or other assistance under—
- (aa)
the temporary assistance for needy families program under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); and
- (bb)
a State program for which State spending is counted toward the maintenance of effort requirement under section 409(a)(7) of the Social Security Act (42 U.S.C. 609(a)(7));
(III)
housing assistance;
(IV)
assistance under the Food and Nutrition Act of 2008; and
(V)
other assistance programs;
(vi)
the number of months the family has received benefits;
(vii)
the type of child care in which the child was enrolled (such as family child care, home care, or center-based child care);
(viii)
whether the child care provider involved was a relative;
(ix)
the cost of child care for such families;
(x)
the average hours per month of such care; and 17
during the period for which such information is required to be submitted.
(xi)
whether the children receiving assistance under this subchapter are homeless children;17
^{17}
The placement of clause (xi) after the continuation text in subparagraph (B) results from the amendment made by section 8(c)(1)(C) of Public Law 113–186.
(C)

Submission to secretary.—
A State described in subparagraph (A) shall, on a quarterly basis, submit the information required to be collected under subparagraph (B) to the Secretary.
(D)

Use of samples.—
(i)

Authority.—
A State may comply with the requirement to collect the information described in subparagraph (B) through the use of disaggregated case record information on a sample of families selected through the use of scientifically acceptable sampling methods approved by the Secretary.
(ii)

Sampling and other methods.—
The Secretary shall provide the States with such case sampling plans and data collection procedures as the Secretary deems necessary to produce statistically valid samples of the information described in subparagraph (B). The Secretary may develop and implement procedures for verifying the quality of data submitted by the States.
(E)

Prohibition.—
Reports submitted to the Secretary under subparagraph (C) shall not contain personally identifiable information.
(2)

Annual reports.—
Not later than 1 year after the date of the enactment of the Child Care and Development Block Grant Act of 2014, and annually thereafter,,18 a State described in paragraph (1)(A) shall prepare and submit to the Secretary a report that includes aggregate data concerning—
^{18}
Two commas in the matter preceding subparagraph (A) of paragraph (2) results from the amendment made by section 8(c)(2)(A) of Public Law 113–186.
(A)
the number of child care providers that received funding under this subchapter as separately identified based on the types of providers listed in section 658P(6);
(B)
the monthly cost of child care services, and the portion of such cost that is paid for with assistance provided under this subchapter, listed by the type of child care services provided;
(C)
the number of payments made by the State through vouchers, contracts, cash, and disregards under public benefit programs, listed by the type of child care services provided;
(D)
the manner in which consumer education information was provided to parents and the number of parents to whom such information was provided; and
(E)
the total number (without duplication) of children and families served under this subchapter;19
^{19}
Error resulting from the amendment made by section 8(c)(2) of Public Law 113–186. The word “and” at the end of subparagraph (D) should not appear. The word “and” should appear after the semicolon in subparagraph (E). Subparagraph (F) (as added by such Public Law) should be inserted after subparagraph (E) and the period at the end should be a semicolon.
during the period for which such report is required to be submitted.
(F)
the number of child fatalities occurring among children while in the care and facility of child care providers receiving assistance under this subchapter, listed by type of child care provider and indicating whether the providers (excluding child care providers described in section 658P(6)(B)) are licensed or license-exempt.19
(b)

Audits.—
(1)

Requirement.—
A State shall, after the close of each program period covered by an application approved under section 658E(d) audit its expenditures during such program period from amounts received under this subchapter.
(2)

Independent auditor.—
Audits under this subsection shall be conducted by an entity that is independent of the State that receives assistance under this subchapter and be in accordance with generally accepted auditing principles.
(3)

Submission.—
Not later than 30 days after the completion of an audit under this subsection, the State shall submit a copy of the audit to the legislature of the State and to the Secretary.
(4)

Repayment of amounts.—
Each State shall repay to the United States any amounts determined through an audit under this subsection not to have been expended in accordance with this subchapter, or the Secretary may offset such amounts against any other amount to which the State is or may be entitled under this subchapter.
[42 U.S.C. 9858i]
SEC. 658L.

REPORTS, HOTLINE, AND WEB SITE.
(a)

Report by Secretary.—
Not later than July 31, 2016, and biennially thereafter, the Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that contains a summary and analysis of the data and information provided to the Secretary in the State reports submitted under section 658K. Such report shall include an assessment, and where appropriate, recommendations for the Congress concerning efforts that should be undertaken to improve the access of the public to quality and affordable child care in the United States. Such report shall contain a determination around whether each State that uses amounts provided under this subchapter has complied with the priority for services described in sections 658E(c)(2)(Q) and 658E(c)(3)(B).
(b)

National Toll-Free Hotline and Web Site.—
(1)

In general.—
The Secretary shall operate, directly or through the use of grants or contracts, a national toll-free hotline and Web site, to—
(A)
develop and disseminate publicly available child care consumer education information for parents and help parents access safe and quality child care services in their community, with a range of price options, that best suits their family’s needs; and
(B)
to allow persons to report (anonymously if desired) suspected child abuse or neglect, or violations of health and safety requirements, by an eligible child care provider that receives assistance under this subchapter or a member of the provider’s staff.
(2)

Requirements.—
The Secretary shall ensure that the hotline and Web site meet the following requirements:
(A)

Referral to local child care providers.—
The Web site shall be hosted by “childcare.gov”. The Web site shall enable a child care consumer to enter a zip code and obtain a referral to local child care providers described in subparagraph (B) within a specified search radius.
(B)

Information.—
The Web site shall provide to consumers, directly or through linkages to State databases, at a minimum—
(i)
a localized list of all eligible child care providers, differentiating between licensed and license-exempt providers;
(ii)
any provider-specific information from a Quality Rating and Improvement System or information about other quality indicators, to the extent the information is publicly available and to the extent practicable;
(iii)
any other provider-specific information about compliance with licensing, and health and safety requirements to the extent the information is publicly available and to the extent practicable;
(iv)
referrals to local resource and referral organizations from which consumers can find more information about child care providers; and
(v)
State information about child care subsidy programs and other financial supports available to families.
(C)

Nationwide capacity.—
The Web site and hotline shall have the capacity to help families in every State and community in the Nation.
(D)

Information at all hours.—
The Web site shall provide, to parents and families, access to information about child care services 24 hours a day.
(E)

Services in different languages.—
The Web site and hotline shall ensure the widest possible access to services for families who speak languages other than English.
(F)

High-quality consumer education and referral.—
The Web site and hotline shall ensure that families have access to easy-to-understand child care consumer education and referral services.
(3)

Prohibition.—
Nothing in this subsection shall be construed to allow the Secretary to compel States to provide additional data and information that is currently (as of the date of enactment of the Child Care and Development Block Grant Act of 2014) not publicly available, or is not required by this subchapter, unless such additional data are related to the purposes and scope of this subchapter, and are subject to a notice and comment period of no less than 90 days.
[42 U.S.C. 9858j]
SEC. 658M.

LIMITATIONS ON USE OF FINANCIAL ASSISTANCE FOR CERTAIN PURPOSES.
(a)

Sectarian Purposes and Activities.—
No financial assistance provided under this subchapter, pursuant to the choice of a parent under section 658E(c)(2)(A)(i)(I) or through any other grant or contract under the State plan, shall be expended for any sectarian purpose or activity, including sectarian worship or instruction.
(b)

Tuition.—
With regard to services provided to students enrolled in grades 1 through 12, no financial assistance provided under this subchapter shall be expended for—
(1)
any services provided to such students during the regular school day;
(2)
any services for which such students receive academic credit toward graduation; or
(3)
any instructional services which supplant or duplicate the academic program of any public or private school.
[42 U.S.C. 9858k]
SEC. 658N.

NONDISCRIMINATION.
(a)

Religious Nondiscrimination.—
(1)

Construction.—
(A)

In general.—
Except as provided in subparagraph (B), nothing in this section shall be construed to modify or affect the provisions of any other Federal law or regulation that relates to discrimination in employment on the basis of religion.
(B)

Exception.—
A sectarian organization may require that employees adhere to the religious tenets and teachings of such organization, and such organization may require that employees adhere to rules forbidding the use of drugs or alcohol.
(2)

Discrimination against child.—
(A)

In general.—
A child care provider (other than a family child care provider) that receives assistance under this subchapter shall not discriminate against any child on the basis of religion in providing child care services.
(B)

Non-funded child care slots.—
Nothing in this section shall prohibit a child care provider from selecting children for child care slots that are not funded directly with assistance provided under this subchapter because such children or their family members participate on a regular basis in other activities of the organization that owns or operates such provider.
(3)

Employment in general.—
(A)

Prohibition.—
A child care provider that receives assistance under this subchapter shall not discriminate in employment on the basis of the religion of the prospective employee if such employee's primary responsibility is or will be working directly with children in the provision of child care services.
(B)

Qualified applicants.—
If two or more prospective employees are qualified for any position with a child care provider receiving assistance under this subchapter, nothing in this section shall prohibit such child care provider from employing a prospective employee who is already participating on a regular basis in other activities of the organization that owns or operates such provider.
(C)

Present employees.—
This paragraph shall not apply to employees of child care providers receiving assistance under this subchapter if such employees are employed with the provider on the date of enactment of this subchapter.
(4)

Employment and admission practices.—
Notwithstanding paragraphs (1)(B), (2), and (3), if assistance provided under this subchapter, and any other Federal or State program, amounts to 80 percent or more of the operating budget of a child care provider that receives such assistance, the Secretary shall not permit such provider to receive any further assistance under this subchapter unless the grant or contract relating to the financial assistance, or the employment and admissions policies of the provider, specifically provides that no person with responsibilities in the operation of the child care program, project, or activity of the provider will discriminate against any individual in employment, if such employee's primary responsibility is or will be working directly with children in the provision of child care, or admissions because of the religion of such individual.
(b)

Effect on State Law.—
Nothing in this subchapter shall be construed to supersede or modify any provision of a State constitution or State law that prohibits the expenditure of public funds in or by sectarian institutions, except that no provision of a State constitution or State law shall be construed to prohibit the expenditure in or by sectarian institutions of any Federal funds provided under this subchapter.
[42 U.S.C. 9858l]
SEC. 658O.

AMOUNTS RESERVED; ALLOTMENTS.
(a)

Amounts Reserved.—
(1)

Territories and possessions.—
The Secretary shall reserve not to exceed one half of 1 percent of the amount appropriated under this subchapter in each fiscal year for payments to Guam, American Samoa, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands to be allotted in accordance with their respective needs.
(2)

Indians tribes.—
(A)

In general.—
The Secretary shall reserve not less than 2 percent of the amount appropriated under section 658B in each fiscal year for payments to Indian tribes and tribal organizations with applications approved under subsection (c).
(B)

Limitations.—
Notwithstanding subparagraph (A), the Secretary shall only reserve an amount that is greater than 2 percent of the amount appropriated under section 658B, for payments described in subparagraph (A), for a fiscal year (referred to in this subparagraph as the “reservation year”) if —
(i)
the amount appropriated under section 658B for the reservation year is greater than the amount appropriated under section 658B for fiscal year 2014; and
(ii)
the Secretary ensures that the amount allotted to States under subsection (b) for the reservation year is not less than the amount allotted to States under subsection (b) for fiscal year 2014.
(3)

National toll-free hotline and web site.—
The Secretary shall reserve up to $1,500,000 of the amount appropriated under this subchapter for each fiscal year for the operation of a national toll-free hotline and Web site, under section 658L(b).
(4)

Technical assistance.—
The Secretary shall reserve up to ½ of 1 percent of the amount appropriated under this subchapter for each fiscal year to support technical assistance and dissemination activities under paragraphs (3) and (4) of section 658I(a).
(5)

Research, demonstration, and evaluation.—
The Secretary may reserve ½ of 1 percent of the amount appropriated under this subchapter for each fiscal year to conduct research and demonstration activities, as well as periodic external, independent evaluations of the impact of the program described by this subchapter on increasing access to child care services and improving the safety and quality of child care services, using scientifically valid research methodologies, and to disseminate the key findings of those evaluations widely and on a timely basis.
(b)

State Allotment.—
(1)

General rule.—
From the amounts appropriated under section 658B for each fiscal year remaining after reservations under subsection (a), the Secretary shall allot to each State an amount equal to the sum of—
(A)
an amount that bears the same ratio to 50 percent of such remainder as the product of the young child factor of the State and the allotment percentage of the State bears to the sum of the corresponding products for all States; and
(B)
an amount that bears the same ratio to 50 percent of such remainder as the product of the school lunch factor of the State and the allotment percentage of the State bears to the sum of the corresponding products for all States.
(2)

Young child factor.—
The term “young child factor” means the ratio of the number of children in the State under 5 years of age to the number of such children in all States as provided by the most recent annual estimates of population in the States by the Census Bureau of the Department of Commerce.
(3)

School lunch factor.—
The term “school lunch factor” means the ratio of the number of children in the State who are receiving free or reduced price lunches under the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) to the number of such children in all the States as determined annually by the Department of Agriculture.
(4)

Allotment percentage.—
(A)

In general.—
The allotment percentage for a State is determined by dividing the per capita income of all individuals in the United States, by the per capita income of all individuals in the State.
(B)

Limitations.—
If an allotment percentage determined under subparagraph (A)—
(i)
exceeds 1.2 percent, then the allotment percentage of that State shall be considered to be 1.2 percent; and
(ii)
is less than 0.8 percent, then the allotment percentage of the State shall be considered to be 0.8 percent.
(C)

Per capita income.—
For purposes of subparagraph (A), per capita income shall be—
(i)
determined at 2-year intervals;
(ii)
applied for the 2-year period beginning on October 1 of the first fiscal year beginning on the date such determination is made; and
(iii)
equal to the average of the annual per capita incomes for the most recent period of 3 consecutive years for which satisfactory data are available from the Department of Commerce at the time such determination is made.
(c)

Payments for the Benefit of Indian Children.—
(1)

General authority.—
From amounts reserved under subsection (a)(2), the Secretary may make grants to or enter into contracts with Indian tribes or tribal organizations that submit applications under this section, for the planning and carrying out of programs or activities consistent with the purposes of this subchapter.
(2)

Applications and requirements.—
An application for a grant or contract under this section shall provide that:
(A)

Coordination.—
The applicant will coordinate, to the maximum extent feasible, with the lead agency in the State or States in which the applicant will carry out programs or activities under this section.
(B)

Services on reservations.—
In the case of an applicant located in a State other than Alaska, California, or Oklahoma, programs and activities under this section will be carried out on the Indian reservation for the benefit of Indian children.
(C)

Reports and audits.—
The applicant will make such reports on, and conduct such audits of, programs and activities under a grant or contract under this section as the Secretary may require.
(D)

Licensing and standards.—
In lieu of any licensing and regulatory requirements applicable under State or local law, the Secretary, in consultation with Indian tribes and tribal organizations, shall develop minimum child care standards that shall be applicable to Indian tribes and tribal organizations receiving assistance under this subchapter. Such standards shall appropriately reflect Indian tribe and tribal organization needs and available resources, and shall include standards requiring a publicly available application, health and safety standards, and standards requiring a reservation of funds for activities to improve the quality of child care services provided to Indian children.
(3)

Consideration of secretarial approval.—
In determining whether to approve an application for a grant or contract under this section, the Secretary shall take into consideration—
(A)
the availability of child care services provided in accordance with this subchapter by the State or States in which the applicant proposes to carry out a program to provide child care services; and
(B)
whether the applicant has the ability (including skills, personnel, resources, community support, and other necessary components) to satisfactorily carry out the proposed program or activity.
(4)

Three-year limit.—
Grants or contracts under this section shall be for periods not to exceed 3 years.
(5)

Dual eligibility of indian children.—
The awarding of a grant or contract under this section for programs or activities to be conducted in a State or States shall not affect the eligibility of any Indian child to receive services provided or to participate in programs and activities carried out under a grant to the State or States under this subchapter.
(6)

Construction or renovation of facilities.—
(A)

Request for use of funds.—
An Indian tribe or tribal organization may submit to the Secretary a request to use amounts provided under this subsection for construction or renovation purposes.
(B)

Determination.—
With respect to a request submitted under subparagraph (A), and except as provided in subparagraph (C), upon a determination by the Secretary that adequate facilities are not otherwise available to an Indian tribe or tribal organization to enable such tribe or organization to carry out child care programs in accordance with this subchapter, and that the lack of such facilities will inhibit the operation of such programs in the future, the Secretary may permit the tribe or organization to use assistance provided under this subsection to make payments for the construction or renovation of facilities that will be used to carry out such programs.
(C)

Limitation.—
(i)

In general.—
Except as provided in clause (ii), the Secretary may not permit an Indian tribe or tribal organization to use amounts provided under this subsection for construction or renovation if the use will result in a decrease in the level of child care services provided by the Indian tribe or tribal organization as compared to the level of child care services provided by the Indian tribe or tribal organization in the fiscal year preceding the year for which the determination under subparagraph (B) is being made.
(ii)

Waiver.—
The Secretary shall waive the limitation described in clause (i) if—
(I)
the Secretary determines that the decrease in the level of child care services provided by the Indian tribe or tribal organization is temporary; and
(II)
the Indian tribe or tribal organization submits to the Secretary a plan that demonstrates that after the date on which the construction or renovation is completed—
- (aa)
the level of child care services will increase; or
- (bb)
the quality of child care services will improve.
(D)

Uniform procedures.—
The Secretary shall develop and implement uniform procedures for the solicitation and consideration of requests under this paragraph.
(d)

Data and Information.—
The Secretary shall obtain from each appropriate Federal agency, the most recent data and information necessary to determine the allotments provided for in subsection (b).
(e)

Reallotments.—
(1)

In general.—
Any portion of the allotment under subsection (b) to a State that the Secretary determines is not required to carry out a State plan approved under section 658E(d), in the period for which the allotment is made available, shall be reallotted by the Secretary to other States in proportion to the original allotments to the other States.
(2)

Limitations.—
(A)

Reduction.—
The amount of any reallotment to which a State is entitled to under paragraph (1) shall be reduced to the extent that it exceeds the amount that the Secretary estimates will be used in the State to carry out a State plan approved under section 658E(d).
(B)

Reallotments.—
The amount of such reduction shall be similarly reallotted among States for which no reduction in an allotment or reallotment is required by this subsection.
(3)

Amounts reallotted.—
For purposes of any other section of this subchapter, any amount reallotted to a State under this subsection shall be considered to be part of the allotment made under subsection (b) to the State.
(4)

Indian tribes or tribal organizations.—
Any portion of a grant or contract made to an Indian tribe or tribal organization under subsection (c) that the Secretary determines is not being used in a manner consistent with the provision of this subchapter in the period for which the grant or contract is made available, shall be allotted by the Secretary to other tribes or organizations that have submitted applications under subsection (c) in accordance with their respective needs.
(f)

Definition.—
For the purposes of this section, the term “State” includes only the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
[42 U.S.C. 9858m]
SEC. 658P.

DEFINITIONS.
As used in this subchapter:
(1)

Caregiver.—
The term “caregiver” means an individual who provides a service directly to an eligible child on a person-to-person basis.
(2)

Child care certificate.—
The term “child care certificate” means a certificate (that may be a check or other disbursement) that is issued by a State or local government under this subchapter directly to a parent who may use such certificate only as payment for child care services or as a deposit for child care services if such a deposit is required of other children being cared for by the provider. Nothing in this subchapter shall preclude the use of such certificates for sectarian child care services if freely chosen by the parent. For purposes of this subchapter, child care certificates shall not be considered to be grants or contracts.
(3)

Child with a disability.—
The term “child with a disability” means—
(A)
a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401);
(B)
a child who is eligible for early intervention services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.);
(C)
a child who is less than 13 years of age and who is eligible for services under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); and
(D)
a child with a disability, as defined by the State involved.
(4)

Eligible child.—
The term “eligible child” means an individual—
(A)
who is less than 13 years of age;
(B)
whose family income does not exceed 85 percent of the State median income for a family of the same size, and whose family assets do not exceed $1,000,000 (as certified by a member of such family); and
(C)
who—
(i)
resides with a parent or parents who are working or attending a job training or educational program; or
(ii)
is receiving, or needs to receive, protective services and resides with a parent or parents not described in clause (i).
(5)

English learner.—
The term “English learner” means an individual who is an English learner, as defined in section 8101 of the Elementary and Secondary Education Act of 1965, or who is limited English proficient, as defined in section 637 of the Head Start Act (42 U.S.C. 9832).
(6)

Eligible child care provider.—
The term “eligible child care provider” means—
(A)
a center-based child care provider, a group home child care provider, a family child care provider, or other provider of child care services for compensation that—
(i)
is licensed, regulated, or registered under State law as described in section 658E(c)(2)(F); and
(ii)
satisfies the State and local requirements, including those referred to in section 658E(c)(2)(I);
applicable to the child care services it provides; or
(B)
a child care provider that is 18 years of age or older who provides child care services only to eligible children who are, by affinity or consanguinity, or by court decree, the grandchild, great grandchild, sibling (if such provider lives in a separate residence), niece, or nephew of such provider, if such provider complies with any applicable requirements that govern child care provided by the relative involved.
(7)

Family child care provider.—
The term “family child care provider” means one individual who provides child care services for fewer than 24 hours per day, as the sole caregiver, and in a private residence.
(8)

Indian tribe.—
The term “Indian tribe” has the meaning given it in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)).
(9)

Lead agency.—
The term “lead agency” means the agency designated or established under section 658D(a).
(10)

Parent.—
The term “parent” includes a legal guardian, foster parent, or other person standing in loco parentis.
(11)

Scientifically valid research.—
The term “scientifically valid research” includes applied research, basic research, and field-initiated research, for which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research.
(12)

Secretary.—
The term “Secretary” means the Secretary of Health and Human Services unless the context specifies otherwise.
(13)

Sliding fee scale.—
The term “sliding fee scale” means a system of cost sharing by a family based on income and size of the family.
(14)

State.—
The term “State” means any of the several States, the District of Columbia, the Virgin Islands of the United States, the Commonwealth of Puerto Rico, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(15)

Tribal organization.—
(A)

In general.—
The term “tribal organization” has the meaning given it in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)).
(B)

Other organizations.—
Such term includes a Native Hawaiian Organization, as defined in section 4009(4) of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (20 U.S.C. 4909(4))20 and a private nonprofit organization established for the purpose of serving youth who are Indians or Native Hawaiians.
^{20}
So in law. This reference probably should be to “section 7207(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517(5))”.
[42 U.S.C. 9858n]
SEC. 658Q.

PARENTAL RIGHTS AND RESPONSIBILITIES.
(a)

In General.—
Nothing in this subchapter shall be construed or applied in any manner to infringe on or usurp the moral and legal rights and responsibilities of parents or legal guardians.
(b)

Parental Rights To Use Child Care Certificates.—
Nothing in this subchapter shall be construed in a manner—
(1)
to favor or promote the use of grants and contracts for the receipt of child care services under this subchapter over the use of child care certificates; or
(2)
to disfavor or discourage the use of such certificates for the purchase of child care services, including those services provided by private or nonprofit entities, such as faith-based providers.
[42 U.S.C. 9858o]
SEC. 658R.

SEVERABILITY.
If any provision of this subchapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions of applications of this subchapter which can be given effect without regard to the invalid provision or application, and to this end the provisions of this subchapter shall be severable.
[42 U.S.C. 9858p]
SEC. 658S.

MISCELLANEOUS PROVISIONS.
Notwithstanding any other law, the value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under this subchapter shall not be treated as income for purposes of any other Federal or Federally-assisted program that bases eligibility, or the amount of benefits, on need.
[42 U.S.C. 9858q]
subchapter D—

Follow Through Programs
[The Follow Through Act was repealed by section 391(w) of the Improving America's Schools Act of 1994.]
subchapter E—

Grants to States for Planning and Development of Dependent Care Programs and for Other Purposes

authorization of appropriations
Sec. 670A.
For the purpose of making allotments to States to carry out the activities described in section 670D, there is authorized to be appropriated $13,000,000 for fiscal year 1995.
[42 U.S.C. 9871]

allotments
Sec. 670B.
(a)
From the amounts appropriated under section 6701A for each fiscal year, the Secretary shall allot to each State an amount which bears the same ratio to the total amount appropriated under such section for such fiscal year as the population of the State bears to the population of all States, except that no State may receive less than $50,000 in each fiscal year.
(b)
For the purpose of the exception contained in subsection (a), the term “State” does not include Guam, American Samoa, the Virgin Islands,21 the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.
^{21}
Reference should be to the Virgin Islands of the United States.
[42 U.S.C. 9872]

payments under allotments to states
Sec. 670C.
The Secretary shall make payment, as provided by section 6503(a) of title 31, United States Code, to each State from its allotment under section 670B from amounts appropriated under section 670A.
[42 U.S.C. 9873]

use of allotments
Sec. 670D.
(a)
(1)
Subject to the provisions of subsections (c) and (d), amounts paid to a State under section 670C from it allotment under section 670B may be used for the planning, development, establishment, operation, expansion, or improvement by the States, directly or by grant or contract with public or private entities, of State and local resource and referral systems to provide information concerning the availability, types, costs, and locations of dependent care services. The information provided by any such system may include—
(A)
the types of dependent care services available, including services provided by individual homes, religious organizations, community organizations, employers, private industry, and public and private institutions;
(B)
the cost of available dependent care services;
(C)
the locations in which dependent care services are provided;
(D)
the forms of transportation available to such locations;
(E)
the hours during which such dependent care services are available;
(F)
the dependents eligible to enroll for such dependent care services; and
(G)
any resource and referral system planned, developed, established, expanded, or improved with amounts paid to a State under this subchapter.
(2)
The State, with respect to the uses of funds described in paragraph (1) of this subsection shall—
(A)
provide assurances that no information will be included with respect to any dependent care services which are not provided in compliance with the laws of the State and localities in which such services are provided; and
(B)
provide assurances that the information provided will be the latest information available and will be kept up to date.
(b)
(1)
Subject to the provisions of subsections (c) and (d), amounts paid to a State under section 670C from its allotment under section 670B may be used for the planning, development, establishment, operation, expansion, or improvement by the States, directly, or by grant or contract, with public agencies or private nonprofit organizations of programs to furnish school-age child care services before and after school. Amounts so paid to a State and used for the operation of such child care services shall be designed to enable children, whose families lack adequate financial resources, to participate in before or after school child care programs.
(2)
The State, with respect to the uses of funds described in paragraph (1) of this subsection shall—
(A)
provide assurances, in the case of an applicant that is not a State or local educational agency, that the applicant has or will enter into an agreement with the State or local educational agency, institution of higher education or community center containing provisions for—
(i)
the use of facilities for the provision of before or after school child care services (including such use during holidays and vacation periods),
(ii)
the restrictions, if any, on the use of such space, and
(iii)
the times when the space will be available for the use of the applicant;
(B)
provide an estimate of the costs of the establishment of the child care service program in the facilities;
(C)
provide assurances that the parents of school-age children will be involved in the development and implementation of the program for which assistance is sought under this Act 22;
^{22}
So in law. Should strike “Act” and insert “subchapter”.
(D)
provide assurances that the applicant is able and willing to seek to enroll racially, ethnically, and economically diverse school-age children, as well as handicapped school-age children, in the child care service program for which assistance is sought under this Act 22;
(E)
provide assurances that the child care program is in compliance with State and local child care licensing laws and regulations governing day care services for school-age children to the extent that such regulations are appropriate to the age group served; and
(F)
provide such other assurance as the chief executive officer of the State may reasonably require to carry out this Act 22.
(c)
(1)
Except as provided in paragraph (2), of the allotment to each State in each fiscal year—
(A)
40 percent shall be available for the activities described in subsection (a); and
(B)
60 percent shall be available for the activities described in subsection (b).
(2)
For any fiscal year the Secretary may waive the percentage requirements specified in paragraph (1) on the request of a State if such State demonstrates to the satisfaction of the Secretary—
(A)
that the amount of funds available as a result of one of such percentage requirements is not needed in such fiscal year for the activities for which such amount is so made available; and
(B)
the adequacy of the alternative percentages, relative to need, the State specifies the State will apply with respect to all of the activities referred to in paragraph (1) if such waiver is granted.
(d)
A State may not use amounts paid to it under this subchapter to—
(1)
make cash payments to intended recipient of dependent care services including child care services;
(2)
pay for construction or renovation; or
(3)
satisfy any requirement for the expenditure of non-Federal funds as a condition for the receipt of Federal funds.
(e)
(1)
The Federal share of any project supported under this subchapter shall be not more than 75 percent.
(2)
Not more than 10 percent of the allotment of each State under this subchapter may be available for the cost of administration.
(f)
Project supported under this section to plan, develop, establish, expand, operate, or improve a State or local resource and referral system or before or after school child care program shall not duplicate any services which are provided before the date of the enactment of this subchapter, by the State or locality which will be served by such system.
(g)
The Secretary may provide technical assistance to States in planning and carrying out activities under this subchapter.
[42 U.S.C. 9874]

application and description of activities; requirements
Sec. 670E.
(a)
(1)
In order to receive an allotment under section 670B, each State shall submit an application to the Secretary. Each such application shall be in such form and submitted by such date as the Secretary shall require.
(2)
Each application required under paragraph (1) for an allotment under section 670B shall contain assurances that the State will meet the requirements of subsection (b).
(b)
As part of the annual application required by subsection (a), the chief executive officer of each State shall—
(1)
certify that the State agrees to use the funds allotted to it under section 670B in accordance with the requirements of this subchapter; and
(2)
certify that the State agrees that Federal funds made available under section 670C for any period will be so used as to supplement and increase the level of State, local, and other non-Federal funds that would in the absence of such Federal funds be made available for the programs and activities for which funds are provided under that section and will in no event supplant such State, local, and other non-Federal funds.
The Secretary may not prescribe for a State the manner of compliance with the requirements of this subsection.
(c)
(1)
The chief executive officer of a State shall, as part of the application required by subsection (a), also prepare and furnish the Secretary (in accordance with such form as the Secretary shall provide) with a description of the intended use of the payments the State will receive under section 670C, including information on the programs and activities to be supported. The description shall be made public within the State in such manner as to facilitate comment from any person (including any Federal or other public agency) during development of the description and after its transmittal. The description shall be revised (consistent with this section) until September 30, 1991,23 as may be necessary to reflect substantial changes in the programs and activities assisted by the State under this subchapter, and any revision shall be subject to the requirements of the preceding sentence.
^{23}
The amendment made by section 305(b) of Public Law 101–501 attempted to strike “until September 30, 1987” but failed because the amendment made by section 304(b) of that law had already striken “September 30, 1987” and inserted “September 30, 1991”.
(2)
The chief executive officer of each State shall include in such a description of—
(A)
the number of children who participated in before and after school child care programs assisted under this subchapter;
(B)
the characteristics of the children so served including age levels, handicapped condition, income level of families in such programs;
(C)
the salary level and benefits paid to employees in such child care programs; and
(D)
the number of clients served in resource and referral systems assisted under this subchapter, and the types of assistance they requested.
(d)
Except where inconsistent with the provisions of this subchapter, the provisions of section 1903(b), paragraphs (1) through (5) of section 1906(a), and sections 1906(b), 1907, 1908, and 1909 of the Public Health Service Act shall apply to this subchapter in the same manner as such provisions apply to part A of title XIX of such Act.
[42 U.S.C. 9875]

report
Sec. 670F.
Within three years after the date of enactment of this subchapter, the Secretary shall prepare and transmit to the Senate Committee on Labor and Human Resources and the House Committee on Education and Labor a report concerning the activities conducted by the States with amounts provided under this subchapter.
[42 U.S.C. 9876]

definitions
Sec. 670G.
For purposes of this subchapter—
(1)
the term “community center” means facilities operated by nonprofit community-based organizations for the provision of recreational, social, or educational services to the general public;
(2)
the term “dependent” means—
(A)
an individual who has not attained the age of 17 years;
(B)
an individual who has attained the age of 55 years; or
(C)
an individual with a developmental disability;
(3)
the term “developmental disability” has the same meaning as in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000;
(4)
the term “equipment” has the same meaning given that term by section 198(a)(8)24 of the Elementary and Secondary Education Act of 1965;
^{24}
So in law. There is no section 198(a)(8) in the Elementary and Secondary Education Act of 1965.
(5)
the term “institution of higher education” has the same meaning given that term under section 101 of the Higher Education Act of 1965;
(6)
the term “local educational agency” has the same meaning given that term under section 8101 of the Elementary and Secondary Education Act of 1965;
(7)
the term “school-age children” means children aged five through thirteen, except that in any State in which by State law children at an earlier age are provided free public education, the age provided in State law shall be substituted for age five;
(8)
the term “school facilities” means classrooms and related facilities used for the provision of education;
(9)
the term “Secretary” means the Secretary of Health and Human Services;
(10)
the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, Palau, and the Commonwealth of the Northern Mariana Islands; and
(11)
the term “State educational agency” has the meaning given that term under section 9101 of the Elementary and Secondary Education Act of 1965.
[42 U.S.C. 9877]

short title
Sec. 670H.
This subchapter may be cited as the “State Dependent Care Development Grants Act”.
[42 U.S.C. 9801 note]
Subtitle B—

Community Services Block Grant Program
SEC. 671.

SHORT TITLE.
This subtitle may be cited as the “Community Services Block Grant Act”.
[42 U.S.C. 9901 note]
SEC. 672.

PURPOSES AND GOALS.
The purposes of this subtitle are—
(1)
to provide assistance to States and local communities, working through a network of community action agencies and other neighborhood-based organizations, for the reduction of poverty, the revitalization of low-income communities, and the empowerment of low-income families and individuals in rural and urban areas to become fully self-sufficient (particularly families who are attempting to transition off a State program carried out under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)); and
(2)
to accomplish the goals described in paragraph (1) through—
(A)
the strengthening of community capabilities for planning and coordinating the use of a broad range of Federal, State, local, and other assistance (including private resources) related to the elimination of poverty, so that this assistance can be used in a manner responsive to local needs and conditions;
(B)
the organization of a range of services related to the needs of low-income families and individuals, so that these services may have a measurable and potentially major impact on the causes of poverty in the community and may help the families and individuals to achieve self-sufficiency;
(C)
the greater use of innovative and effective community-based approaches to attacking the causes and effects of poverty and of community breakdown;
(D)
the maximum participation of residents of the low-income communities and members of the groups served by programs assisted through the block grants made under this subtitle to empower such residents and members to respond to the unique problems and needs within their communities; and
(E)
the broadening of the resource base of programs directed to the elimination of poverty so as to secure a more active role in the provision of services for—
(i)
private, religious, charitable, and neighborhood-based organizations; and
(ii)
individual citizens, and business, labor, and professional groups, who are able to influence the quantity and quality of opportunities and services for the poor.
[42 U.S.C. 9901]
SEC. 673.

DEFINITIONS.
In this subtitle:
(1)

Eligible entity; family literacy services.—
(A)

Eligible entity.—
The term “eligible entity” means an entity—
(i)
that is an eligible entity described in section 673(1) (as in effect on the day before the date of enactment of the Coats Human Services Reauthorization Act of 1998) as of the day before such date of enactment or is designated by the process described in section 676A (including an organization serving migrant or seasonal farmworkers that is so described or designated); and
(ii)
that has a tripartite board or other mechanism described in subsection (a) or (b), as appropriate, of section 676B.
(B)

Family literacy services.—
The term “family literacy services” has the meaning given the term in section 637 of the Head Start Act (42 U.S.C. 9832).
(2)

Poverty line.—
The term “poverty line” means the official poverty line defined by the Office of Management and Budget based on the most recent data available from the Bureau of the Census. The Secretary shall revise annually (or at any shorter interval the Secretary determines to be feasible and desirable) the poverty line, which shall be used as a criterion of eligibility in the community services block grant program established under this subtitle. The required revision shall be accomplished by multiplying the official poverty line by the percentage change in the Consumer Price Index for All Urban Consumers during the annual or other interval immediately preceding the time at which the revision is made. Whenever a State determines that it serves the objectives of the block grant program established under this subtitle, the State may revise the poverty line to not to exceed 125 percent of the official poverty line otherwise applicable under this paragraph.
(3)

Private, nonprofit organization.—
The term “private, nonprofit organization” includes a religious organization, to which the provisions of section 679 shall apply.
(4)

Secretary.—
The term “Secretary” means the Secretary of Health and Human Services.
(5)

State.—
The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.
[42 U.S.C. 9902]
SEC. 674.

AUTHORIZATION OF APPROPRIATIONS.
(a)

In General.—
There are authorized to be appropriated such sums as may be necessary for each of fiscal years 1999 through 2003 to carry out the provisions of this subtitle (other than sections 681 and 682).
(b)

Reservations.—
Of the amounts appropriated under subsection (a) for each fiscal year, the Secretary shall reserve—
(1)
½ of 1 percent for carrying out section 675A (relating to payments for territories);
(2)
1½ percent for activities authorized in sections 678A through 678F, of which—
(A)
not less than ½ of the amount reserved by the Secretary under this paragraph shall be distributed directly to eligible entities, organizations, or associations described in section 678A(c)(2) for the purpose of carrying out activities described in section 678A(c); and
(B)
½ of the remainder of the amount reserved by the Secretary under this paragraph shall be used by the Secretary to carry out evaluation and to assist States in carrying out corrective action activities and monitoring (to correct programmatic deficiencies of eligible entities), as described in sections 678B(c) and 678A; and
(3)
9 percent for carrying out section 680 (relating to discretionary activities) and section 678E(b)(2).
[42 U.S.C. 9903]
SEC. 675.

ESTABLISHMENT OF BLOCK GRANT PROGRAM.
The Secretary is authorized to establish a community services block grant program and make grants through the program to States to ameliorate the causes of poverty in communities within the States.
[42 U.S.C. 9904]
SEC. 675A.

DISTRIBUTION TO TERRITORIES.
(a)

Apportionment.—
The Secretary shall apportion the amount reserved under section 674(b)(1) for each fiscal year on the basis of need among Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
(b)

Application.—
Each jurisdiction to which subsection (a) applies may receive a grant under this section for the amount apportioned under subsection (a) on submitting to the Secretary, and obtaining approval of, an application, containing provisions that describe the programs for which assistance is sought under this section, that is prepared in accordance with, and contains the information described in, section 676.
[42 U.S.C. 9905]
SEC. 675B.

ALLOTMENTS AND PAYMENTS TO STATES.
(a)

Allotments in General.—
The Secretary shall, from the amount appropriated under section 674(a) for each fiscal year that remains after the Secretary makes the reservations required in section 674(b), allot to each State (subject to section 677) an amount that bears the same ratio to such remaining amount as the amount received by the State for fiscal year 1981 under section 221 of the Economic Opportunity Act of 1964 bore to the total amount received by all States for fiscal year 1981 under such section, except—
(1)
that no State shall receive less than ¼ of 1 percent of the amount appropriated under section 674(a) for such fiscal year; and
(2)
as provided in subsection (b).
(b)

Allotments in Years With Greater Available Funds.—
(1)

Minimum allotments.—
Subject to paragraphs (2) and (3), if the amount appropriated under section 674(a) for a fiscal year that remains after the Secretary makes the reservations required in section 674(b) exceeds $345,000,000, the Secretary shall allot to each State not less than ½ of 1 percent of the amount appropriated under section 674(a) for such fiscal year.
(2)

Maintenance of fiscal year 1990 levels.—
Paragraph (1) shall not apply with respect to a fiscal year if the amount allotted under subsection (a) to any State for that year is less than the amount allotted under section 674(a)(1) (as in effect on September 30, 1989) to such State for fiscal year 1990.
(3)

Maximum allotments.—
The amount allotted under paragraph (1) to a State for a fiscal year shall be reduced, if necessary, so that the aggregate amount allotted to such State under such paragraph and subsection (a) does not exceed 140 percent of the aggregate amount allotted to such State under the corresponding provisions of this subtitle for the preceding fiscal year.
(c)

Payments.—
The Secretary shall make grants to eligible States for the allotments described in subsections (a) and (b). The Secretary shall make payments for the grants in accordance with section 6503(a) of title 31, United States Code.
(d)

Definition.—
In this section, the term “State” does not include Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
[42 U.S.C. 9906]
SEC. 675C.

USES OF FUNDS.
(a)

Grants to Eligible Entities and Other Organizations.—
(1)

In general.—
Not less than 90 percent of the funds made available to a State under section 675A or 675B shall be used by the State to make grants for the purposes described in section 672 to eligible entities.
(2)

Obligational authority.—
Funds distributed to eligible entities through grants made in accordance with paragraph (1) for a fiscal year shall be available for obligation during that fiscal year and the succeeding fiscal year, subject to paragraph (3).
(3)

Recapture and redistribution of unobligated funds.—
(A)

Amount.—
Beginning on October 1, 2000, a State may recapture and redistribute funds distributed to an eligible entity through a grant made under paragraph (1) that are unobligated at the end of a fiscal year if such unobligated funds exceed 20 percent of the amount so distributed to such eligible entity for such fiscal year.
(B)

Redistribution.—
In redistributing funds recaptured in accordance with this paragraph, States shall redistribute such funds to an eligible entity, or require the original recipient of the funds to redistribute the funds to a private, nonprofit organization, located within the community served by the original recipient of the funds, for activities consistent with the purposes of this subtitle.
(b)

Statewide Activities.—
(1)

Use of remainder.—
If a State uses less than 100 percent of the grant or allotment received under section 675A or 675B to make grants under subsection (a), the State shall use the remainder of the grant or allotment under section 675A or 675B (subject to paragraph (2)) for activities that may include—
(A)
providing training and technical assistance to those entities in need of such training and assistance;
(B)
coordinating State-operated programs and services, and at the option of the State, locally-operated programs and services, targeted to low-income children and families with services provided by eligible entities and other organizations funded under this subtitle, including detailing appropriate employees of State or local agencies to entities funded under this subtitle, to ensure increased access to services provided by such State or local agencies;
(C)
supporting statewide coordination and communication among eligible entities;
(D)
analyzing the distribution of funds made available under this subtitle within the State to determine if such funds have been targeted to the areas of greatest need;
(E)
supporting asset-building programs for low-income individuals, such as programs supporting individual development accounts;
(F)
supporting innovative programs and activities conducted by community action agencies or other neighborhood-based organizations to eliminate poverty, promote self-sufficiency, and promote community revitalization;
(G)
supporting State charity tax credits as described in subsection (c); and
(H)
supporting other activities, consistent with the purposes of this subtitle.
(2)

Administrative cap.—
No State may spend more than the greater of $55,000, or 5 percent, of the grant received under section 675A or State allotment received under section 675B for administrative expenses, including monitoring activities. Funds to be spent for such expenses shall be taken from the portion of the grant under section 675A or State allotment that remains after the State makes grants to eligible entities under subsection (a). The cost of activities conducted under paragraph (1)(A) shall not be considered to be administrative expenses. The startup cost and cost of administrative activities conducted under subsection (c) shall be considered to be administrative expenses.
(c)

Charity Tax Credit.—
(1)

In general.—
Subject to paragraph (2), if there is in effect under State law a charity tax credit, the State may use for any purpose the amount of the allotment that is available for expenditure under subsection (b).
(2)

Limit.—
The aggregate amount a State may use under paragraph (1) during a fiscal year shall not exceed 100 percent of the revenue loss of the State during the fiscal year that is attributable to the charity tax credit, as determined by the Secretary of the Treasury without regard to any such revenue loss occurring before January 1, 1999.
(3)

Definitions and rules.—
In this subsection:
(A)

Charity tax credit.—
The term “charity tax credit” means a nonrefundable credit against State income tax (or, in the case of a State that does not impose an income tax, a comparable benefit) that is allowable for contributions, in cash or in kind, to qualified charities.
(B)

Qualified charity.—
(i)

In general.—
The term “qualified charity” means any organization—
(I)
that is—
- (aa)
described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code;
- (bb)
an eligible entity; or
- (cc)
a public housing agency as defined in section 3(b)(6) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(6));
(II)
that is certified by the appropriate State authority as meeting the requirements of clauses (iii) and (iv); and
(III)
if such organization is otherwise required to file a return under section 6033 of such Code, that elects to treat the information required to be furnished by clause (v) as being specified in section 6033(b) of such Code.
(ii)

Certain contributions to collection organizations treated as contributions to qualified charity.—
(I)

In general.—
A contribution to a collection organization shall be treated as a contribution to a qualified charity if the donor designates in writing that the contribution is for the qualified charity.
(II)

Collection organization.—
The term “collection organization” means an organization described in section 501(c)(3) of such Code and exempt from tax under section 501(a) of such Code—
- (aa)
that solicits and collects gifts and grants that, by agreement, are distributed to qualified charities;
- (bb)
that distributes to qualified charities at least 90 percent of the gifts and grants the organization receives that are designated for such qualified charities; and
- (cc)
that meets the requirements of clause (vi).
(iii)

Charity must primarily assist poor individuals.—
(I)

In general.—
An organization meets the requirements of this clause only if the appropriate State authority reasonably expects that the predominant activity of such organization will be the provision of direct services within the United States to individuals and families whose annual incomes generally do not exceed 185 percent of the poverty line in order to prevent or alleviate poverty among such individuals and families.
(II)

No recordkeeping in certain cases.—
An organization shall not be required to establish or maintain records with respect to the incomes of individuals and families for purposes of subclause (I) if such individuals or families are members of groups that are generally recognized as including substantially only individuals and families described in subclause (I).
(III)

Food aid and homeless shelters.—
Except as otherwise provided by the appropriate State authority, for purposes of subclause (I), services to individuals in the form of—
- (aa)
donations of food or meals; or
- (bb)
temporary shelter to homeless individuals;
shall be treated as provided to individuals described in subclause (I) if the location and provision of such services are such that the service provider may reasonably conclude that the beneficiaries of such services are predominantly individuals described in subclause (I).
(iv)

Minimum expense requirement.—
(I)

In general.—
An organization meets the requirements of this clause only if the appropriate State authority reasonably expects that the annual poverty program expenses of such organization will not be less than 75 percent of the annual aggregate expenses of such organization.
(II)

Poverty program expense.—
For purposes of subclause (I)—
- (aa)

In general.—
The term “poverty program expense” means any expense in providing direct services referred to in clause (iii).
- (bb)

Exceptions.—
Such term shall not include any management or general expense, any expense for the purpose of influencing legislation (as defined in section 4911(d) of the Internal Revenue Code of 1986), any expense for the purpose of fundraising, any expense for a legal service provided on behalf of any individual referred to in clause (iii), any expense for providing tuition assistance relating to compulsory school attendance, and any expense that consists of a payment to an affiliate of the organization.
(v)

Reporting requirement.—
The information required to be furnished under this clause about an organization is—
(I)
the percentages determined by dividing the following categories of the organization's expenses for the year by the total expenses of the organization for the year: expenses for direct services, management expenses, general expenses, fundraising expenses, and payments to affiliates; and
(II)
the category or categories (including food, shelter, education, substance abuse prevention or treatment, job training, or other) of services that constitute predominant activities of the organization.
(vi)

Additional requirements for collection organizations.—
The requirements of this clause are met if the organization—
(I)
maintains separate accounting for revenues and expenses; and
(II)
makes available to the public information on the administrative and fundraising costs of the organization, and information as to the organizations receiving funds from the organization and the amount of such funds.
(vii)

Special rule for states requiring tax uniformity.—
In the case of a State—
(I)
that has a constitutional requirement of tax uniformity; and
(II)
that, as of December 31, 1997, imposed a tax on personal income with—
- (aa)
a single flat rate applicable to all earned and unearned income (except insofar as any amount is not taxed pursuant to tax forgiveness provisions); and
- (bb)
no generally available exemptions or deductions to individuals;
the requirement of paragraph (2) shall be treated as met if the amount of the credit described in paragraph (2) is limited to a uniform percentage (but not greater than 25 percent) of State personal income tax liability (determined without regard to credits).
(4)

Limitation on use of funds for startup and administrative activities.—
Except to the extent provided in subsection (b)(2), no part of the aggregate amount a State uses under paragraph (1) may be used to pay for the cost of the startup and administrative activities conducted under this subsection.
(5)

Prohibition on use of funds for legal services or tuition assistance.—
No part of the aggregate amount a State uses under paragraph (1) may be used to provide legal services or to provide tuition assistance related to compulsory education requirements (not including tuition assistance for tutoring, camps, skills development, or other supplemental services or training).
(6)

Prohibition on supplanting funds.—
No part of the aggregate amount a State uses under paragraph (1) may be used to supplant non-Federal funds that would be available, in the absence of Federal funds, to offset a revenue loss of the State attributable to a charity tax credit.
[42 U.S.C. 9907]
SEC. 676.

APPLICATION AND PLAN.
(a)

Designation of Lead Agency.—
(1)

Designation.—
The chief executive officer of a State desiring to receive a grant or allotment under section 675A or 675B shall designate, in an application submitted to the Secretary under subsection (b), an appropriate State agency that complies with the requirements of paragraph (2) to act as a lead agency for purposes of carrying out State activities under this subtitle.
(2)

Duties.—
The lead agency shall—
(A)
develop the State plan to be submitted to the Secretary under subsection (b);
(B)
in conjunction with the development of the State plan as required under subsection (b), hold at least one hearing in the State with sufficient time and statewide distribution of notice of such hearing, to provide to the public an opportunity to comment on the proposed use and distribution of funds to be provided through the grant or allotment under section 675A or 675B for the period covered by the State plan; and
(C)
conduct reviews of eligible entities under section 678B.
(3)

Legislative hearing.—
In order to be eligible to receive a grant or allotment under section 675A or 675B, the State shall hold at least one legislative hearing every 3 years in conjunction with the development of the State plan.
(b)

State Application and Plan.—
Beginning with fiscal year 2000, to be eligible to receive a grant or allotment under section 675A or 675B, a State shall prepare and submit to the Secretary an application and State plan covering a period of not less than 1 fiscal year and not more than 2 fiscal years. The plan shall be submitted not later than 30 days prior to the beginning of the first fiscal year covered by the plan, and shall contain such information as the Secretary shall require, including—
(1)
an assurance that funds made available through the grant or allotment will be used—
(A)
to support activities that are designed to assist low-income families and individuals, including families and individuals receiving assistance under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), homeless families and individuals, migrant or seasonal farmworkers, and elderly low-income individuals and families, and a description of how such activities will enable the families and individuals—
(i)
to remove obstacles and solve problems that block the achievement of self-sufficiency (including self-sufficiency for families and individuals who are attempting to transition off a State program carried out under part A of title IV of the Social Security Act);
(ii)
to secure and retain meaningful employment;
(iii)
to attain an adequate education, with particular attention toward improving literacy skills of the low-income families in the communities involved, which may include carrying out family literacy initiatives;
(iv)
to make better use of available income;
(v)
to obtain and maintain adequate housing and a suitable living environment;
(vi)
to obtain emergency assistance through loans, grants, or other means to meet immediate and urgent family and individual needs; and
(vii)
to achieve greater participation in the affairs of the communities involved, including the development of public and private grassroots partnerships with local law enforcement agencies, local housing authorities, private foundations, and other public and private partners to—
(I)
document best practices based on successful grassroots intervention in urban areas, to develop methodologies for widespread replication; and
(II)
strengthen and improve relationships with local law enforcement agencies, which may include participation in activities such as neighborhood or community policing efforts;
(B)
to address the needs of youth in low-income communities through youth development programs that support the primary role of the family, give priority to the prevention of youth problems and crime, and promote increased community coordination and collaboration in meeting the needs of youth, and support development and expansion of innovative community-based youth development programs that have demonstrated success in preventing or reducing youth crime, such as—
(i)
programs for the establishment of violence-free zones that would involve youth development and intervention models (such as models involving youth mediation, youth mentoring, life skills training, job creation, and entrepreneurship programs); and
(ii)
after-school child care programs; and
(C)
to make more effective use of, and to coordinate with, other programs related to the purposes of this subtitle (including State welfare reform efforts);
(2)
a description of how the State intends to use discretionary funds made available from the remainder of the grant or allotment described in section 675C(b) in accordance with this subtitle, including a description of how the State will support innovative community and neighborhood-based initiatives related to the purposes of this subtitle;
(3)
information provided by eligible entities in the State, containing—
(A)
a description of the service delivery system, for services provided or coordinated with funds made available through grants made under section 675C(a), targeted to low-income individuals and families in communities within the State;
(B)
a description of how linkages will be developed to fill identified gaps in the services, through the provision of information, referrals, case management, and followup consultations;
(C)
a description of how funds made available through grants made under section 675C(a) will be coordinated with other public and private resources; and
(D)
a description of how the local entity will use the funds to support innovative community and neighborhood-based initiatives related to the purposes of this subtitle, which may include fatherhood initiatives and other initiatives with the goal of strengthening families and encouraging effective parenting;
(4)
an assurance that eligible entities in the State will provide, on an emergency basis, for the provision of such supplies and services, nutritious foods, and related services, as may be necessary to counteract conditions of starvation and malnutrition among low-income individuals;
(5)25
an assurance that the State and the eligible entities in the State will coordinate, and establish linkages between, governmental and other social services programs to assure the effective delivery of such services to low-income individuals and to avoid duplication of such services, and a description of how the State and the eligible entities will coordinate the provision of employment and training activities, as defined in section 101 of such Act, in the State and in communities with entities providing activities through statewide and local workforce investment systems under the Workforce Investment Act of 1998;
^{25}
For version of law for section 676(b)(5), as amended by section 512(f) of Public Law 113–128, see note below.
[Note: Section 512(f) of Public Law 113–128 provides for an amendment to strike and insert text in section 676(b)(5). Section 506(a) of such Public Law provides as follows: “[e]xcept as otherwise provided in this Act, this Act, including the amendments made by this Act, shall take effect on the first day of the first full program year after the date of enactment of this Act [enactment date is July 22, 2014]”. The effective date for the execution of such amendment is July 1, 2015. Upon such date, section 676(b)(5) (as amended) reads as follows:</]
(5)
an assurance that the State and the eligible entities in the State will coordinate, and establish linkages between, governmental and other social services programs to assure the effective delivery of such services to low-income individuals and to avoid duplication of such services, and a description of how the State and the eligible entities will coordinate the provision of employment and training activities, as defined in section 3 of the Workforce Innovation and Opportunity Act, in the State and in communities with entities providing activities through statewide and local workforce development systems under such Act;
(6)
an assurance that the State will ensure coordination between antipoverty programs in each community in the State, and ensure, where appropriate, that emergency energy crisis intervention programs under title XXVI (relating to low-income home energy assistance) are conducted in such community;
(7)
an assurance that the State will permit and cooperate with Federal investigations undertaken in accordance with section 678D;
(8)
an assurance that any eligible entity in the State that received funding in the previous fiscal year through a community services block grant made under this subtitle will not have its funding terminated under this subtitle, or reduced below the proportional share of funding the entity received in the previous fiscal year unless, after providing notice and an opportunity for a hearing on the record, the State determines that cause exists for such termination or such reduction, subject to review by the Secretary as provided in section 678C(b);
(9)
an assurance that the State and eligible entities in the State will, to the maximum extent possible, coordinate programs with and form partnerships with other organizations serving low-income residents of the communities and members of the groups served by the State, including religious organizations, charitable groups, and community organizations;
(10)
an assurance that the State will require each eligible entity in the State to establish procedures under which a low-income individual, community organization, or religious organization, or representative of low-income individuals that considers its organization, or low-income individuals, to be inadequately represented on the board (or other mechanism) of the eligible entity to petition for adequate representation;
(11)
an assurance that the State will secure from each eligible entity in the State, as a condition to receipt of funding by the entity through a community services block grant made under this subtitle for a program, a community action plan (which shall be submitted to the Secretary, at the request of the Secretary, with the State plan) that includes a community-needs assessment for the community served, which may be coordinated with community-needs assessments conducted for other programs;
(12)
an assurance that the State and all eligible entities in the State will, not later than fiscal year 2001, participate in the Results Oriented Management and Accountability System, another performance measure system for which the Secretary facilitated development pursuant to section 678E(b), or an alternative system for measuring performance and results that meets the requirements of that section, and a description of outcome measures to be used to measure eligible entity performance in promoting self-sufficiency, family stability, and community revitalization; and
(13)
information describing how the State will carry out the assurances described in this subsection.
(c)

Funding Termination or Reductions.—
For purposes of making a determination in accordance with subsection (b)(8) with respect to—
(1)
a funding reduction, the term “cause” includes—
(A)
a statewide redistribution of funds provided through a community services block grant under this subtitle to respond to—
(i)
the results of the most recently available census or other appropriate data;
(ii)
the designation of a new eligible entity; or
(iii)
severe economic dislocation; or
(B)
the failure of an eligible entity to comply with the terms of an agreement or a State plan, or to meet a State requirement, as described in section 678C(a); and
(2)
a termination, the term “cause” includes the failure of an eligible entity to comply with the terms of an agreement or a State plan, or to meet a State requirement, as described in section 678C(a).
(d)

Procedures and Information.—
The Secretary may prescribe procedures for the purpose of assessing the effectiveness of eligible entities in carrying out the purposes of this subtitle.
(e)

Revisions and Inspection.—
(1)

Revisions.—
The chief executive officer of each State may revise any plan prepared under this section and shall submit the revised plan to the Secretary.
(2)

Public inspection.—
Each plan or revised plan prepared under this section shall be made available for public inspection within the State in such a manner as will facilitate review of, and comment on, the plan.
(f)

Transition.—
For fiscal year 2000, to be eligible to receive a grant or allotment under section 675A or 675B, a State shall prepare and submit to the Secretary an application and State plan in accordance with the provisions of this subtitle (as in effect on the day before the date of enactment of the Coats Human Services Reauthorization Act of 1998), rather than the provisions of subsections (a) through (c) relating to applications and plans.
[42 U.S.C. 9908]
SEC. 676A.

DESIGNATION AND REDESIGNATION OF ELIGIBLE ENTITIES IN UNSERVED AREAS.
(a)

Qualified Organization In or Near Area.—
(1)

In general.—
If any geographic area of a State is not, or ceases to be, served by an eligible entity under this subtitle, and if the chief executive officer of the State decides to serve such area, the chief executive officer may solicit applications from, and designate as an eligible entity—
(A)
a private nonprofit organization (which may include an eligible entity) that is geographically located in the unserved area, that is capable of providing a broad range of services designed to eliminate poverty and foster self-sufficiency, and that meets the requirements of this subtitle; and
(B)
a private nonprofit eligible entity that is geographically located in an area contiguous to or within reasonable proximity of the unserved area and that is already providing related services in the unserved area.
(2)

Requirement.—
In order to serve as the eligible entity for the area, an entity described in paragraph (1)(B) shall agree to add additional members to the board of the entity to ensure adequate representation—
(A)
in each of the three required categories described in subparagraphs (A), (B), and (C) of section 676B(a)(2), by members that reside in the community comprised by the unserved area; and
(B)
in the category described in section 676B(a)(2)(B), by members that reside in the neighborhood to be served.
(b)

Special Consideration.—
In designating an eligible entity under subsection (a), the chief executive officer shall grant the designation to an organization of demonstrated effectiveness in meeting the goals and purposes of this subtitle and may give priority, in granting the designation, to eligible entities that are providing related services in the unserved area, consistent with the needs identified by a community-needs assessment.
(c)

No Qualified Organization in or Near Area.—
If no private, nonprofit organization is identified or determined to be qualified under subsection (a) to serve the unserved area as an eligible entity the chief executive officer may designate an appropriate political subdivision of the State to serve as an eligible entity for the area. In order to serve as the eligible entity for that area, the political subdivision shall have a board or other mechanism as required in section 676B(b).
[42 U.S.C. 9909]
SEC. 676B.

TRIPARTITE BOARDS.
(a)

Private Nonprofit Entities.—
(1)

Board.—
In order for a private, nonprofit entity to be considered to be an eligible entity for purposes of section 673(1), the entity shall administer the community services block grant program through a tripartite board described in paragraph (2) that fully participates in the development, planning, implementation, and evaluation of the program to serve low-income communities.
(2)

Selection and composition of board.—
The members of the board referred to in paragraph (1) shall be selected by the entity and the board shall be composed so as to assure that—
(A)
⅓ of the members of the board are elected public officials, holding office on the date of selection, or their representatives, except that if the number of such elected officials reasonably available and willing to serve on the board is less than ⅓ of the membership of the board, membership on the board of appointive public officials or their representatives may be counted in meeting such ⅓ requirement;
(B)
(i)
not fewer than ⅓ of the members are persons chosen in accordance with democratic selection procedures adequate to assure that these members are representative of low-income individuals and families in the neighborhood served; and
(ii)
each representative of low-income individuals and families selected to represent a specific neighborhood within a community under clause (i) resides in the neighborhood represented by the member; and
(C)
the remainder of the members are officials or members of business, industry, labor, religious, law enforcement, education, or other major groups and interests in the community served.
(b)

Public Organizations.—
In order for a public organization to be considered to be an eligible entity for purposes of section 673(1), the entity shall administer the community services block grant program through—
(1)
a tripartite board, which shall have members selected by the organization and shall be composed so as to assure that not fewer than ⅓ of the members are persons chosen in accordance with democratic selection procedures adequate to assure that these members—
(A)
are representative of low-income individuals and families in the neighborhood served;
(B)
reside in the neighborhood served; and
(C)
are able to participate actively in the development, planning, implementation, and evaluation of programs funded under this subtitle; or
(2)
another mechanism specified by the State to assure decisionmaking and participation by low-income individuals in the development, planning, implementation, and evaluation of programs funded under this subtitle.
[42 U.S.C. 9910]
SEC. 677.

PAYMENTS TO INDIAN TRIBES.
(a)

Reservation.—
If, with respect to any State, the Secretary—
(1)
receives a request from the governing body of an Indian tribe or tribal organization within the State that assistance under this subtitle be made directly to such tribe or organization; and
(2)
determines that the members of such tribe or tribal organization would be better served by means of grants made directly to provide benefits under this subtitle,
the Secretary shall reserve from amounts that would otherwise be allotted to such State under section 675B for the fiscal year the amount determined under subsection (b).
(b)

Determination of Reserved Amount.—
The Secretary shall reserve for the purpose of subsection (a) from amounts that would otherwise be allotted to such State, not less than 100 percent of an amount that bears the same ratio to the State allotment for the fiscal year involved as the population of all eligible Indians for whom a determination has been made under subsection (a) bears to the population of all individuals eligible for assistance through a community services block grant made under this subtitle in such State.
(c)

Awards.—
The sums reserved by the Secretary on the basis of a determination made under subsection (a) shall be made available by grant to the Indian tribe or tribal organization serving the individuals for whom such a determination has been made.
(d)

Plan.—
In order for an Indian tribe or tribal organization to be eligible for a grant award for a fiscal year under this section, the tribe or organization shall submit to the Secretary a plan for such fiscal year that meets such criteria as the Secretary may prescribe by regulation.
(e)

Definitions.—
In this section:
(1)

Indian tribe; tribal organization.—
The terms “Indian tribe” and “tribal organization” mean a tribe, band, or other organized group recognized in the State in which the tribe, band, or group resides, or considered by the Secretary of the Interior, to be an Indian tribe or an Indian organization for any purpose.
(2)

Indian.—
The term “Indian” means a member of an Indian tribe or of a tribal organization.
[42 U.S.C. 9911]
SEC. 678.

OFFICE OF COMMUNITY SERVICES.
(a)

Office.—
The Secretary shall carry out the functions of this subtitle through an Office of Community Services, which shall be established in the Department of Health and Human Services. The Office shall be headed by a Director.
(b)

Grants, Contracts, and Cooperative Agreements.—
The Secretary shall carry out functions of this subtitle through grants, contracts, or cooperative agreements.
[42 U.S.C. 9912]
SEC. 678A.

TRAINING, TECHNICAL ASSISTANCE, AND OTHER ACTIVITIES.
(a)

Activities.—
(1)

In general.—
The Secretary shall use amounts reserved in section 674(b)(2)—
(A)
for training, technical assistance, planning, evaluation, and performance measurement, to assist States in carrying out corrective action activities and monitoring (to correct programmatic deficiencies of eligible entities), and for reporting and data collection activities, related to programs carried out under this subtitle; and
(B)
to distribute amounts in accordance with subsection (c).
(2)

Grants, contracts, and cooperative agreements.—
The activities described in paragraph (1)(A) may be carried out by the Secretary through grants, contracts, or cooperative agreements with appropriate entities.
(b)

Terms and Technical Assistance Process.—
The process for determining the training and technical assistance to be carried out under this section shall—
(1)
ensure that the needs of eligible entities and programs relating to improving program quality (including quality of financial management practices) are addressed to the maximum extent feasible; and
(2)
incorporate mechanisms to ensure responsiveness to local needs, including an ongoing procedure for obtaining input from the national and State networks of eligible entities.
(c)

Distribution Requirement.—
(1)

In general.—
The amounts reserved under section 674(b)(2)(A) for activities to be carried out under this subsection shall be distributed directly to eligible entities, organizations, or associations described in paragraph (2) for the purpose of improving program quality (including quality of financial management practices), management information and reporting systems, and measurement of program results, and for the purpose of ensuring responsiveness to identified local needs.
(2)

Eligible entities, organizations, or associations.—
Eligible entities, organizations, or associations described in this paragraph shall be eligible entities, or statewide or local organizations or associations, with demonstrated expertise in providing training to individuals and organizations on methods of effectively addressing the needs of low-income families and communities.
[42 U.S.C. 9913]
SEC. 678B.

MONITORING OF ELIGIBLE ENTITIES.
(a)

In General.—
In order to determine whether eligible entities meet the performance goals, administrative standards, financial management requirements, and other requirements of a State, the State shall conduct the following reviews of eligible entities:
(1)
A full onsite review of each such entity at least once during each 3-year period.
(2)
An onsite review of each newly designated entity immediately after the completion of the first year in which such entity receives funds through the community services block grant program.
(3)
Followup reviews including prompt return visits to eligible entities, and their programs, that fail to meet the goals, standards, and requirements established by the State.
(4)
Other reviews as appropriate, including reviews of entities with programs that have had other Federal, State, or local grants (other than assistance provided under this subtitle) terminated for cause.
(b)

Requests.—
The State may request training and technical assistance from the Secretary as needed to comply with the requirements of this section.
(c)

Evaluations by the Secretary.—
The Secretary shall conduct in several States in each fiscal year evaluations (including investigations) of the use of funds received by the States under this subtitle in order to evaluate compliance with the provisions of this subtitle, and especially with respect to compliance with section 676(b). The Secretary shall submit, to each State evaluated, a report containing the results of such evaluations, and recommendations of improvements designed to enhance the benefit and impact of the activities carried out with such funds for people in need. On receiving the report, the State shall submit to the Secretary a plan of action in response to the recommendations contained in the report. The results of the evaluations shall be submitted annually to the Chairperson of the Committee on Education and the Workforce of the House of Representatives and the Chairperson of the Committee on Labor and Human Resources of the Senate as part of the report submitted by the Secretary in accordance with section 678E(b)(2).
[42 U.S.C. 9914]
SEC. 678C.

CORRECTIVE ACTION; TERMINATION AND REDUCTION OF FUNDING.
(a)

Determination.—
If the State determines, on the basis of a final decision in a review pursuant to section 678B, that an eligible entity fails to comply with the terms of an agreement, or the State plan, to provide services under this subtitle or to meet appropriate standards, goals, and other requirements established by the State (including performance objectives), the State shall—
(1)
inform the entity of the deficiency to be corrected;
(2)
require the entity to correct the deficiency;
(3)
(A)
offer training and technical assistance, if appropriate, to help correct the deficiency, and prepare and submit to the Secretary a report describing the training and technical assistance offered; or
(B)
if the State determines that such training and technical assistance are not appropriate, prepare and submit to the Secretary a report stating the reasons for the determination;
(4)
(A)
at the discretion of the State (taking into account the seriousness of the deficiency and the time reasonably required to correct the deficiency), allow the entity to develop and implement, within 60 days after being informed of the deficiency, a quality improvement plan to correct such deficiency within a reasonable period of time, as determined by the State; and
(B)
not later than 30 days after receiving from an eligible entity a proposed quality improvement plan pursuant to subparagraph (A), either approve such proposed plan or specify the reasons why the proposed plan cannot be approved; and
(5)
after providing adequate notice and an opportunity for a hearing, initiate proceedings to terminate the designation of or reduce the funding under this subtitle of the eligible entity unless the entity corrects the deficiency.
(b)

Review.—
A determination to terminate the designation or reduce the funding of an eligible entity is reviewable by the Secretary. The Secretary shall, upon request, review such a determination. The review shall be completed not later than 90 days after the Secretary receives from the State all necessary documentation relating to the determination to terminate the designation or reduce the funding. If the review is not completed within 90 days, the determination of the State shall become final at the end of the 90th day.
(c)

Direct Assistance.—
Whenever a State violates the assurances contained in section 676(b)(8) and terminates or reduces the funding of an eligible entity prior to the completion of the State hearing described in that section and the Secretary's review as required in subsection (b), the Secretary is authorized to provide financial assistance under this subtitle to the eligible entity affected until the violation is corrected. In such a case, the grant or allotment for the State under section 675A or 675B for the earliest appropriate fiscal year shall be reduced by an amount equal to the funds provided under this subsection to such eligible entity.
[42 U.S.C. 9915]
SEC. 678D.

FISCAL CONTROLS, AUDITS, AND WITHHOLDING.
(a)

Fiscal Controls, Procedures, Audits, and Inspections.—
(1)

In general.—
A State that receives funds under this subtitle shall—
(A)
establish fiscal control and fund accounting procedures necessary to assure the proper disbursal of and accounting for Federal funds paid to the State under this subtitle, including procedures for monitoring the funds provided under this subtitle;
(B)
ensure that cost and accounting standards of the Office of Management and Budget apply to a recipient of the funds under this subtitle;
(C)
subject to paragraph (2), prepare, at least every year, an audit of the expenditures of the State of amounts received under this subtitle and amounts transferred to carry out the purposes of this subtitle; and
(D)
make appropriate books, documents, papers, and records available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for examination, copying, or mechanical reproduction on or off the premises of the appropriate entity upon a reasonable request for the items.
(2)

Audits.—
(A)

In general.—
Subject to subparagraph (B), each audit required by subsection (a)(1)(C) shall be conducted by an entity independent of any agency administering activities or services carried out under this subtitle and shall be conducted in accordance with generally accepted accounting principles.
(B)

Single audit requirements.—
Audits shall be conducted under this paragraph in the manner and to the extent provided in chapter 75 of title 31, United States Code (commonly known as the “Single Audit Act Amendments of 1996”).
(C)

Submission of copies.—
Within 30 days after the completion of each such audit in a State, the chief executive officer of the State shall submit a copy of such audit to any eligible entity that was the subject of the audit at no charge, to the legislature of the State, and to the Secretary.
(3)

Repayments.—
The State shall repay to the United States amounts found not to have been expended in accordance with this subtitle or the Secretary may offset such amounts against any other amount to which the State is or may become entitled under this subtitle.
(b)

Withholding.—
(1)

In general.—
The Secretary shall, after providing adequate notice and an opportunity for a hearing conducted within the affected State, withhold funds from any State that does not utilize the grant or allotment under section 675A or 675B in accordance with the provisions of this subtitle, including the assurances such State provided under section 676.
(2)

Response to complaints.—
The Secretary shall respond in an expeditious and speedy manner to complaints of a substantial or serious nature that a State has failed to use funds in accordance with the provisions of this subtitle, including the assurances provided by the State under section 676. For purposes of this paragraph, a complaint of a failure to meet any one of the assurances provided under section 676 that constitutes disregarding that assurance shall be considered to be a complaint of a serious nature.
(3)

Investigations.—
Whenever the Secretary determines that there is a pattern of complaints of failures described in paragraph (2) from any State in any fiscal year, the Secretary shall conduct an investigation of the use of funds received under this subtitle by such State in order to ensure compliance with the provisions of this subtitle.
[42 U.S.C. 9916]
SEC. 678E.

ACCOUNTABILITY AND REPORTING REQUIREMENTS.
(a)

State Accountability and Reporting Requirements.—
(1)

Performance measurement.—
(A)

In general.—
By October 1, 2001, each State that receives funds under this subtitle shall participate, and shall ensure that all eligible entities in the State participate, in a performance measurement system, which may be a performance measurement system for which the Secretary facilitated development pursuant to subsection (b), or an alternative system that the Secretary is satisfied meets the requirements of subsection (b).
(B)

Local agencies.—
The State may elect to have local agencies that are subcontractors of the eligible entities under this subtitle participate in the performance measurement system. If the State makes that election, references in this section to eligible entities shall be considered to include the local agencies.
(2)

Annual report.—
Each State shall annually prepare and submit to the Secretary a report on the measured performance of the State and the eligible entities in the State. Prior to the participation of the State in the performance measurement system, the State shall include in the report any information collected by the State relating to such performance. Each State shall also include in the report an accounting of the expenditure of funds received by the State through the community services block grant program, including an accounting of funds spent on administrative costs by the State and the eligible entities, and funds spent by eligible entities on the direct delivery of local services, and shall include information on the number of and characteristics of clients served under this subtitle in the State, based on data collected from the eligible entities. The State shall also include in the report a summary describing the training and technical assistance offered by the State under section 678C(a)(3) during the year covered by the report.
(b)

Secretary's Accountability and Reporting Requirements.—
(1)

Performance measurement.—
The Secretary, in collaboration with the States and with eligible entities throughout the Nation, shall facilitate the development of one or more model performance measurement systems, which may be used by the States and by eligible entities to measure their performance in carrying out the requirements of this subtitle and in achieving the goals of their community action plans. The Secretary shall provide technical assistance, including support for the enhancement of electronic data systems, to States and to eligible entities to enhance their capability to collect and report data for such a system and to aid in their participation in such a system.
(2)

Reporting requirements.—
At the end of each fiscal year beginning after September 30, 1999, the Secretary shall, directly or by grant or contract, prepare a report containing—
(A)
a summary of the planned use of funds by each State, and the eligible entities in the State, under the community services block grant program, as contained in each State plan submitted pursuant to section 676;
(B)
a description of how funds were actually spent by the State and eligible entities in the State, including a breakdown of funds spent on administrative costs and on the direct delivery of local services by eligible entities;
(C)
information on the number of entities eligible for funds under this subtitle, the number of low-income persons served under this subtitle, and such demographic data on the low-income populations served by eligible entities as is determined by the Secretary to be feasible;
(D)
a comparison of the planned uses of funds for each State and the actual uses of the funds;
(E)
a summary of each State's performance results, and the results for the eligible entities, as collected and submitted by the States in accordance with subsection (a)(2); and
(F)
any additional information that the Secretary considers to be appropriate to carry out this subtitle, if the Secretary informs the States of the need for such additional information and allows a reasonable period of time for the States to collect and provide the information.
(3)

Submission.—
The Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate the report described in paragraph (2), and any comments the Secretary may have with respect to such report. The report shall include definitions of direct and administrative costs used by the Department of Health and Human Services for programs funded under this subtitle.
(4)

Costs.—
Of the funds reserved under section 674(b)(3), not more than $350,000 shall be available to carry out the reporting requirements contained in paragraph (2).
[42 U.S.C. 9917]
SEC. 678F.

LIMITATIONS ON USE OF FUNDS.
(a)

Construction of Facilities.—
(1)

Limitations.—
Except as provided in paragraph (2), grants made under this subtitle (other than amounts reserved under section 674(b)(3)) may not be used by the State, or by any other person with which the State makes arrangements to carry out the purposes of this subtitle, for the purchase or improvement of land, or the purchase, construction, or permanent improvement (other than low-cost residential weatherization or other energy-related home repairs) of any building or other facility.
(2)

Waiver.—
The Secretary may waive the limitation contained in paragraph (1) upon a State request for such a waiver, if the Secretary finds that the request describes extraordinary circumstances to justify the purchase of land or the construction of facilities (or the making of permanent improvements) and that permitting the waiver will contribute to the ability of the State to carry out the purposes of this subtitle.
(b)

Political Activities.—
(1)

Treatment as a state or local agency.—
For purposes of chapter 15 of title 5, United States Code, any entity that assumes responsibility for planning, developing, and coordinating activities under this subtitle and receives assistance under this subtitle shall be deemed to be a State or local agency. For purposes of paragraphs (1) and (2) of section 1502(a) of such title, any entity receiving assistance under this subtitle shall be deemed to be a State or local agency.
(2)

Prohibitions.—
Programs assisted under this subtitle shall not be carried on in a manner involving the use of program funds, the provision of services, or the employment or assignment of personnel, in a manner supporting or resulting in the identification of such programs with—
(A)
any partisan or nonpartisan political activity or any political activity associated with a candidate, or contending faction or group, in an election for public or party office;
(B)
any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election; or
(C)
any voter registration activity.
(3)

Rules and regulations.—
The Secretary, after consultation with the Office of Personnel Management, shall issue rules and regulations to provide for the enforcement of this subsection, which shall include provisions for summary suspension of assistance or other action necessary to permit enforcement on an emergency basis.
(c)

Nondiscrimination.—
(1)

In general.—
No person shall, on the basis of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds made available under this subtitle. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to an otherwise qualified individual with a disability as provided in section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), or title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.) shall also apply to any such program or activity.
(2)

Action of secretary.—
Whenever the Secretary determines that a State that has received a payment under this subtitle has failed to comply with paragraph (1) or an applicable regulation, the Secretary shall notify the chief executive officer of the State and shall request that the officer secure compliance. If within a reasonable period of time, not to exceed 60 days, the chief executive officer fails or refuses to secure compliance, the Secretary is authorized to—
(A)
refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted;
(B)
exercise the powers and functions provided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), or title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.), as may be applicable; or
(C)
take such other action as may be provided by law.
(3)

Action of attorney general.—
When a matter is referred to the Attorney General pursuant to paragraph (2), or whenever the Attorney General has reason to believe that the State is engaged in a pattern or practice of discrimination in violation of the provisions of this subsection, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief.
[42 U.S.C. 9918]
SEC. 678G.

DRUG AND CHILD SUPPORT SERVICES AND REFERRALS.
(a)

Drug Testing and Rehabilitation.—
(1)

In general.—
Nothing in this subtitle shall be construed to prohibit a State from testing participants in programs, activities, or services carried out or provided under this subtitle for controlled substances. A State that conducts such testing shall inform the participants who test positive for any of such substances about the availability of treatment or rehabilitation services and refer such participants for appropriate treatment or rehabilitation services.
(2)

Administrative expenses.—
Any funds provided under this subtitle expended for such testing shall be considered to be expended for administrative expenses and shall be subject to the limitation specified in section 675C(b)(2).
(3)

Definition.—
In this subsection, the term “controlled substance” has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802).
(b)

Child Support Services and Referrals.—
During each fiscal year for which an eligible entity receives a grant under section 675C, such entity shall—
(1)
inform custodial parents in single-parent families that participate in programs, activities, or services carried out or provided under this subtitle about the availability of child support services; and
(2)
refer eligible parents to the child support offices of State and local governments.
[42 U.S.C. 9919]
SEC. 679.

OPERATIONAL RULE.
(a)

Religious Organizations Included as Nongovernmental Providers.—
For any program carried out by the Federal Government, or by a State or local government under this subtitle, the government shall consider, on the same basis as other nongovernmental organizations, religious organizations to provide the assistance under the program, so long as the program is implemented in a manner consistent with the Establishment Clause of the first amendment to the Constitution. Neither the Federal Government nor a State or local government receiving funds under this subtitle shall discriminate against an organization that provides assistance under, or applies to provide assistance under, this subtitle, on the basis that the organization has a religious character.
(b)

Religious Character and Independence.—
(1)

In general.—
A religious organization that provides assistance under a program described in subsection (a) shall retain its religious character and control over the definition, development, practice, and expression of its religious beliefs.
(2)

Additional safeguards.—
Neither the Federal Government nor a State or local government shall require a religious organization—
(A)
to alter its form of internal governance, except (for purposes of administration of the community services block grant program) as provided in section 676B; or
(B)
to remove religious art, icons, scripture, or other symbols;
in order to be eligible to provide assistance under a program described in subsection (a).
(3)

Employment practices.—
A religious organization's exemption provided under section 702 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–1) regarding employment practices shall not be affected by its participation in, or receipt of funds from, programs described in subsection (a).
(c)

Limitations on Use of Funds for Certain Purposes.—
No funds provided directly to a religious organization to provide assistance under any program described in subsection (a) shall be expended for sectarian worship, instruction, or proselytization.
(d)

Fiscal Accountability.—
(1)

In general.—
Except as provided in paragraph (2), any religious organization providing assistance under any program described in subsection (a) shall be subject to the same regulations as other nongovernmental organizations to account in accord with generally accepted accounting principles for the use of such funds provided under such program.
(2)

Limited audit.—
Such organization shall segregate government funds provided under such program into a separate account. Only the government funds shall be subject to audit by the government.
(e)

Treatment of Eligible Entities and Other Intermediate Organizations.—
If an eligible entity or other organization (referred to in this subsection as an “intermediate organization”), acting under a contract, or grant or other agreement, with the Federal Government or a State or local government, is given the authority under the contract or agreement to select nongovernmental organizations to provide assistance under the programs described in subsection (a), the intermediate organization shall have the same duties under this section as the government.
[42 U.S.C. 9920]
SEC. 680.

DISCRETIONARY AUTHORITY OF THE SECRETARY.
(a)

Grants, Contracts, Arrangements, Loans, and Guarantees.—
(1)

In general.—
The Secretary shall, from funds reserved under section 674(b)(3), make grants, loans, or guarantees to States and public agencies and private, nonprofit organizations, or enter into contracts or jointly financed cooperative arrangements with States and public agencies and private, nonprofit organizations (and for-profit organizations, to the extent specified in paragraph (2)(E)) for each of the objectives described in paragraphs (2) through (4).
(2)

Community economic development.—
(A)

Economic development activities.—
The Secretary shall make grants described in paragraph (1) on a competitive basis to private, nonprofit organizations that are community development corporations to provide technical and financial assistance for economic development activities designed to address the economic needs of low-income individuals and families by creating employment and business development opportunities.
(B)

Consultation.—
The Secretary shall exercise the authority provided under subparagraph (A) after consultation with other relevant Federal officials.
(C)

Governing boards.—
For a community development corporation to receive funds to carry out this paragraph, the corporation shall be governed by a board that shall consist of residents of the community and business and civic leaders and shall have as a principal purpose planning, developing, or managing low-income housing or community development projects.
(D)

Geographic distribution.—
In making grants to carry out this paragraph, the Secretary shall take into consideration the geographic distribution of funding among States and the relative proportion of funding among rural and urban areas.
(E)

Reservation.—
Of the amounts made available to carry out this paragraph, the Secretary may reserve not more than 1 percent for each fiscal year to make grants to private, nonprofit organizations or to enter into contracts with private, nonprofit or for-profit organizations to provide technical assistance to aid community development corporations in developing or implementing activities funded to carry out this paragraph and to evaluate activities funded to carry out this paragraph.
(3)

Rural community development activities.—
The Secretary shall provide the assistance described in paragraph (1) for rural community development activities, which shall include providing—
(A)
grants to private, nonprofit corporations to enable the corporations to provide assistance concerning home repair to rural low-income families and concerning planning and developing low-income rural rental housing units; and
(B)
grants to multistate, regional, private, nonprofit organizations to enable the organizations to provide training and technical assistance to small, rural communities concerning meeting their community facility needs.
(4)

Neighborhood innovation projects.—
The Secretary shall provide the assistance described in paragraph (1) for neighborhood innovation projects, which shall include providing grants to neighborhood-based private, nonprofit organizations to test or assist in the development of new approaches or methods that will aid in overcoming special problems identified by communities or neighborhoods or otherwise assist in furthering the purposes of this subtitle, and which may include providing assistance for projects that are designed to serve low-income individuals and families who are not being effectively served by other programs.
(b)

Evaluation.—
The Secretary shall require all activities receiving assistance under this section to be evaluated for their effectiveness. Funding for such evaluations shall be provided as a stated percentage of the assistance or through a separate grant awarded by the Secretary specifically for the purpose of evaluation of a particular activity or group of activities.
(c)

Annual Report.—
The Secretary shall compile an annual report containing a summary of the evaluations required in subsection (b) and a listing of all activities assisted under this section. The Secretary shall annually submit the report to the Chairperson of the Committee on Education and the Workforce of the House of Representatives and the Chairperson of the Committee on Labor and Human Resources of the Senate.
[42 U.S.C. 9921]
SEC. 681.

COMMUNITY FOOD AND NUTRITION PROGRAMS.
(a)

Grants.—
The Secretary may, through grants to public and private, nonprofit agencies, provide for community-based, local, statewide, and national programs—
(1)
to coordinate private and public food assistance resources, wherever the grant recipient involved determines such coordination to be inadequate, to better serve low-income populations;
(2)
to assist low-income communities to identify potential sponsors of child nutrition programs and to initiate such programs in underserved or unserved areas; and
(3)
to develop innovative approaches at the State and local level to meet the nutrition needs of low-income individuals.
(b)

Allotments and Distribution of Funds.—
(1)

Not to exceed $6,000,000 in appropriations.—
Of the amount appropriated for a fiscal year to carry out this section (but not to exceed $6,000,000), the Secretary shall distribute funds for grants under subsection (a) as follows:
(A)

Allotments.—
From a portion equal to 60 percent of such amount (but not to exceed $3,600,000), the Secretary shall allot for grants to eligible agencies for statewide programs in each State the amount that bears the same ratio to such portion as the low-income and unemployed population of such State bears to the low-income and unemployed population of all the States.
(B)

Competitive grants.—
From a portion equal to 40 percent of such amount (but not to exceed $2,400,000), the Secretary shall make grants on a competitive basis to eligible agencies for local and statewide programs.
(2)

Greater available appropriations.—
Any amounts appropriated for a fiscal year to carry out this section in excess of $6,000,000 shall be allotted as follows:
(A)

Allotments.—
The Secretary shall use 40 percent of such excess to allot for grants under subsection (a) to eligible agencies for statewide programs in each State an amount that bears the same ratio to 40 percent of such excess as the low-income and unemployed population of such State bears to the low-income and unemployed population of all the States.
(B)

Competitive grants for local and statewide programs.—
The Secretary shall use 40 percent of such excess to make grants under subsection (a) on a competitive basis to eligible agencies for local and statewide programs.
(C)

Competitive grants for nationwide programs.—
The Secretary shall use the remaining 20 percent of such excess to make grants under subsection (a) on a competitive basis to eligible agencies for nationwide programs, including programs benefiting Indians, as defined in section 677, and migrant or seasonal farmworkers.
(3)

Eligibility for allotments for statewide programs.—
To be eligible to receive an allotment under paragraph (1)(A) or (2)(A), an eligible agency shall demonstrate that the proposed program is statewide in scope and represents a comprehensive and coordinated effort to alleviate hunger within the State.
(4)

Minimum allotments for statewide programs.—
(A)

In general.—
From the amounts allotted under paragraphs (1)(A) and (2)(A), the minimum total allotment for each State for each fiscal year shall be—
(i)
$15,000 if the total amount appropriated to carry out this section is not less than $7,000,000 but less than $10,000,000;
(ii)
$20,000 if the total amount appropriated to carry out this section is not less than $10,000,000 but less than $15,000,000; or
(iii)
$30,000 if the total amount appropriated to carry out this section is not less than $15,000,000.
(B)

Definition.—
In this paragraph, the term “State” does not include Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
(5)

Maximum grants.—
From funds made available under paragraphs (1)(B) and (2)(B) for any fiscal year, the Secretary may not make grants under subsection (a) to an eligible agency in an aggregate amount exceeding $50,000. From funds made available under paragraph (2)(C) for any fiscal year, the Secretary may not make grants under subsection (a) to an eligible agency in an aggregate amount exceeding $300,000.
(c)

Report.—
For each fiscal year, the Secretary shall prepare and submit, to the Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate, a report concerning the grants made under this section. Such report shall include—
(1)
a list of grant recipients;
(2)
information on the amount of funding awarded to each grant recipient; and
(3)
a summary of the activities performed by the grant recipients with funding awarded under this section and a description of the manner in which such activities meet the objectives described in subsection (a).
(d)

Authorization of Appropriations.—
There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 1999 through 2003.
[42 U.S.C. 9922]
SEC. 682.

NATIONAL OR REGIONAL PROGRAMS DESIGNED TO PROVIDE INSTRUCTIONAL ACTIVITIES FOR LOW-INCOME YOUTH.
(a)

General Authority.—
The Secretary is authorized to make a grant to an eligible service provider to administer national or regional programs to provide instructional activities for low-income youth. In making such a grant, the Secretary shall give priority to eligible service providers that have a demonstrated ability to operate such a program.
(b)

Program Requirements.—
Any instructional activity carried out by an eligible service provider receiving a grant under this section shall be carried out on the campus of an institution of higher education (as defined in section 1201(a)26 of the Higher Education Act of 1965 (20 U.S.C. 1141(a))27) and shall include—
^{26}
So in law. Should probably be “section 101”.
^{27}
So in law. Should probably be “(20 U.S.C. 1001)”.
(1)
access to the facilities and resources of such an institution;
(2)
an initial medical examination and follow-up referral or treatment, without charge, for youth during their participation in such activity;
(3)
at least one nutritious meal daily, without charge, for participating youth during each day of participation;
(4)
high quality instruction in a variety of sports (that shall include swimming and that may include dance and any other high quality recreational activity) provided by coaches and teachers from institutions of higher education and from elementary and secondary schools (as defined in section 8101 of the Elementary and Secondary Education Act of 1965); and
(5)
enrichment instruction and information on matters relating to the well-being of youth, to include educational opportunities and information on study practices, education for the prevention of drug and alcohol abuse, and information on health and nutrition, career opportunities, and family and job responsibilities.
(c)

Advisory Committee; Partnerships.—
The eligible service provider shall, in each community in which a program is funded under this section—
(1)
ensure that—
(A)
a community-based advisory committee is established, with representatives from local youth, family, and social service organizations, schools, entities providing park and recreation services, and other community-based organizations serving high-risk youth; or
(B)
an existing community-based advisory board, commission, or committee with similar membership is utilized to serve as the committee described in subparagraph (A); and
(2)
enter into formal partnerships with youth-serving organizations or other appropriate social service entities in order to link program participants with year-round services in their home communities that support and continue the objectives of this subtitle.
(d)

Eligible Providers.—
A service provider that is a national private, nonprofit organization, a coalition of such organizations, or a private, nonprofit organization applying jointly with a business concern shall be eligible to apply for a grant under this section if—
(1)
the applicant has demonstrated experience in operating a program providing instruction to low-income youth;
(2)
the applicant agrees to contribute an amount (in cash or in kind, fairly evaluated) of not less than 25 percent of the amount requested, for the program funded through the grant;
(3)
the applicant agrees to use no funds from a grant authorized under this section for administrative expenses; and
(4)
the applicant agrees to comply with the regulations or program guidelines promulgated by the Secretary for use of funds made available through the grant.
(e)

Application Process.—
To be eligible to receive a grant under this section, a service provider shall submit to the Secretary, for approval, an application at such time, in such manner, and containing such information as the Secretary may require.
(f)

Promulgation of Regulations or Program Guidelines.—
The Secretary shall promulgate regulations or program guidelines to ensure funds made available through a grant made under this section are used in accordance with the objectives of this subtitle.
(g)

Authorization of Appropriations.—
There are authorized to be appropriated $15,000,000 for each of fiscal years 1999 through 2003 for grants to carry out this section.
[42 U.S.C. 9923]
SEC. 683.

REFERENCES.
Any reference in any provision of law to the poverty line set forth in section 624 or 625 of the Economic Opportunity Act of 1964 shall be construed to be a reference to the poverty line defined in section 673. Except as otherwise provided, any reference in any provision of law to any community action agency designated under title II of the Economic Opportunity Act of 1964 shall be construed to be a reference to an entity eligible to receive funds under the community services block grant program.
[42 U.S.C. 9924]
* * * * * * *
TITLE IX—

HEALTH SERVICES AND FACILITIES
* * * * * * *
Subtitle I—

CONSUMER–PATIENT RADIATION HEALTH AND SAFETY ACT OF 1981
[(References in black brackets
[]
are to title 42, United States Code)]

short title
Sec. 975.
This subtitle may be cited as the “Consumer-Patient Radiation Health and Safety Act of 1981”.

statement of findings
Sec. 976.
[10001]
The Congress finds that—
(1)
it is in the interest of public health and safety to minimize unnecessary exposure to potentially hazardous radiation due to medical and dental radiologic procedures;
(2)
it is in the interest of public health and safety to have a continuing supply of adequately educated persons and appropriate accreditation and certification programs administered by State governments;
(3)
the protection of the public health and safety from unnecessary exposure to potentially hazardous radiation due to medical and dental radiologic procedures and the assurance of efficacious procedures are the responsibility of State and Federal governments;
(4)
persons who administer radiologic procedures, including procedures at Federal facilities, should be required to demonstrate competence by reason of education, training, and experience; and
(5)
the administration of radiologic procedures and the effect on individuals of such procedures have a substantial and direct effect upon United States interstate commerce.

statement of purpose
Sec. 977.
[10002]
It is the purpose of this subtitle to—
(1)
provide for the establishment of minimum standards by the Federal Government for the accreditation of education programs for persons who administer radiologic procedures and for the certification of such persons; and
(2)
insure that medical and dental radiologic procedures are consistent with rigorous safety precautions and standards.

definitions
Sec. 978.
[10003]
Unless otherwise expressly provided, for purposes of this subtitle, the term—
(1)
“radiation” means ionizing and nonionizing radiation in amounts beyond normal background levels from sources such as medical and dental radiologic procedures;
(2)
“radiologic procedure” means any procedure or article intended for use in—
(A)
the diagnosis of disease or other medical or dental conditions in humans (including diagnostic X-rays or nuclear medicine procedures); or
(B)
the cure, mitigation, treatment, or prevention of disease in humans;
that achieves its intended purpose through the emission of radiation;
(3)
“radiologic equipment” means any radiation electronic product which emits or detects radiation and which is used or intended for use to—
(A)
diagnose disease or other medical or dental conditions (including diagnostic X-ray equipment); or
(B)
cure, mitigate, treat, or prevent disease in humans;
that achieves its intended purpose through the emission or detection of radiation;
(4)
“practitioner” means any licensed doctor of medicine, osteopathy, dentistry, podiatry, or chiropractic, who prescribes radiologic procedures for other persons;
(5)
“persons who administer radiologic procedures” means any person, other than a practitioner, who intentionally administers radiation to other persons for medical purposes, and includes medical radiologic technologists (including dental hygienists and assistants), radiation therapy technologists, and nuclear medicine technologists;
(6)
“Secretary” means the Secretary of Health and Human Services; and
(7)
“State” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.

promulgation of standards
Sec. 979.
[10004]
(a)
Within twelve months after the date of enactment of this Act, the Secretary, in consultation with the Radiation Policy Council, the Secretary of Veterans Affairs, the Administrator of the Environmental Protection Agency, appropriate agencies of the States, and appropriate professional organizations, shall by regulation promulgate minimum standards for the accreditation of educational programs to train individuals to perform radiologic procedures. Such standards shall distinguish between programs for the education of (1) medical radiologic technologists (including radiographers), (2) dental auxiliaries (including dental hygienists and assistants), (3) radiation therapy technologists, (4) nuclear medicine technologists, and (5) such other kinds of health auxiliaries who administer radiologic procedures as the Secretary determines appropriate. Such standards shall not be applicable to educational programs for practitioners.
(b)
Within twelve months after the date of enactment of this Act, the Secretary, in consultation with the Radiation Policy Council, the Secretary of Veterans Affairs, the Administrator of the Environmental Protection Agency, interested agencies of the States, and appropriate professional organizations, shall by regulation promulgate minimum standards for the certification of persons who administer radiologic procedures. Such standards shall distinguish between certification of (1) medical radiologic technologists (including radiographers), (2) dental auxiliaries (including dental hygienists and assistants), (3) radiation therapy technologists, (4) nuclear medicine technologists, and (5) such other kinds of health auxiliaries who administer radiologic procedures as the Secretary determines appropriate. Such standards shall include minimum certification criteria for individuals with regard to accredited education, practical experience, successful passage of required examinations, and such other criteria as the Secretary shall deem necessary for the adequate qualification of individuals to administer radiologic procedures. Such standards shall not apply to practitioners.

model statute
Sec. 980.
[10005]
In order to encourage the administration of accreditation and certification programs by the States, the Secretary shall prepare and transmit to the States a model statute for radiologic procedure safety. Such model statute shall provide that—
(1)
it shall be unlawful in a State for individuals to perform radiologic procedures unless such individuals are certified by the State to perform such procedures; and
(2)
Any educational requirements for certification of individuals to perform radiologic procedures shall be limited to educational programs accredited by the State.

compliance
Sec. 981.
[10006]
(a)
The Secretary shall take all actions consistent with law to effectuate the purposes of this subtitle.
(b)
A State may utilize an accreditation or certification program administered by a private entity if—
(1)
such State delegates the administration of the State accreditation or certification program to such private entity;
(2)
such program is approved by the State; and
(3)
such program is consistent with the minimum Federal standards promulgated under this subtitle for such program.
(c)
Absent compliance by the States with the provisions of this subtitle within three years after the date of enactment of this Act, the Secretary shall report to the Congress recommendations for legislative changes considered necessary to assure the State's compliance with this subtitle.
(e)28
Notwithstanding any other provision of this section, in the case of a State which has, prior to the effective date of standards and guidelines promulgated pursuant to this subtitle, established standards for the accreditation of educational programs and certification of radiologic technologists, such State shall be deemed to be in compliance with the conditions of this section unless the Secretary determines, after notice and hearing, that such State standards do not meet the minimum standards prescribed by the Secretary or are inconsistent with the purposes of this subtitle.
^{28}
Subsection (d) was repealed by section 1061(b) of Public Law 104–66 (109 Stat. 719).

federal radiation guidelines
Sec. 982.
[10007]
The Secretary shall, in conjunction with the Radiation Policy Council, the Secretary of Veterans Affairs, the Administrator of the Environmental Protection Agency, appropriate agencies of the States, and appropriate professional organizations, promulgate Federal radiation guidelines with respect to radiologic procedures. Such guidelines shall—
(1)
determine the level of radiation exposure due to radiologic procedures which is unnecessary and specify the techniques, procedures, and methods to minimize such unnecessary exposure;
(2)
provide for the elimination of the need for retakes of diagnostic radiologic procedures;
(3)
provide for the elimination of unproductive screening programs;
(4)
provide for the optimum diagnostic information with minimum radiologic exposure; and
(5)
include the therapeutic application of radiation to individuals in the treatment of disease, including nuclear medicine applications.

applicability to federal agencies
Sec. 983.
[10008]
(a)
Except as provided in subsection (b), each department, agency, and instrumentality of the executive branch of the Federal Government shall comply with standards promulgated pursuant to this subtitle.
(b)
The Secretary of Veterans Affairs, through the Chief Medical Director of the Department of Veterans Affairs, shall, to the maximum extent feasible consistent with the responsibilities of such Secretary and Chief Medical Director under title 38, United States Code, prescribe regulations making the standards promulgated pursuant to this subtitle applicable to the provision of radiologic procedures in facilities over which that Secretary has jurisdiction. In prescribing and implementing regulations pursuant to this subsection, the Secretary of Veterans Affairs shall consult with the Secretary in order to achieve the maximum possible coordination of the regulations, standards, and guidelines, and the implementation thereof, which the Secretary and the Secretary of Veterans Affairs prescribe under this subtitle.
* * * * * * *
TITLE XI—

TRANSPORTATION AND OTHER RELATED PROGRAMS
* * * * * * *
Subtitle E—

Conrail 29
Sec. 1131.
This subtitle may be cited as the “Northeast Rail Service Act of 1981”.

TABLE OF CONTENTS
PART 1—
GENERAL PROVISIONS
Sec. 1132.
Findings.
Sec. 1133.
Purpose.
Sec. 1134.
Goals.
Sec. 1135.
Definitions.
PART 2—
TRANSFER OF RAIL SERVICE RESPONSIBILITIES
Subpart A—
Transfer of Conrail Commuter Services
Sec. 1136.
End of Conrail obligation.
Sec. 1137.
Establishment of Amtrak Commuter.
Sec. 1138.
Prohibition of cross-subsidization.
Sec. 1139.
Authorization of appropriations.
Subpart B—
Additional Financing of Conrail
Sec. 1140.
Additional financing of Conrail.
Sec. 1141.
Organization and structure of Conrail.
Subpart C—
Transfer of Freight Service Responsibilities
Sec. 1142.
Transfer of freight service.
PART 3—
PROTECTION FOR CONRAIL EMPLOYEES
Sec. 1143.
Protection for Conrail Employees.
Sec. 1144.
Repeals.
PART 4—
TERMS OF LABOR ASSUMPTION
Subpart A—
Passenger Employees
Sec. 1145.
Transfer of passenger service employees.
Subpart B—
Freight Employees
Sec. 1146.
Labor transfer.
PART 5—
UNITED STATES RAILWAY ASSOCIATION
Sec. 1147.
Organization of USRA.
Sec. 1148.
Functions of USRA.
Sec. 1149.
Access to information.
Sec. 1150.
United States Railway Association reports.
Sec. 1151.
USRA authorization.
PART 6—
MISCELLANEOUS PROVISIONS
Sec. 1152.
Judicial review.
Sec. 1153.
Transfer taxes and fees; recordation.
Sec. 1155.
Expedited supplemental transactions.
Sec. 1156.
Abandonments.
Sec. 1157.
Amendment to the Railway Labor Act.
Sec. 1158.
Concerted economic action.
Sec. 1159.
Construction and effect of certain provisions.
Sec. 1160.
Labor authorization.
Sec. 1162.
Rehabilitation and improvement financing.
[Sec. 1163. Repealed.]
Sec. 1164.
Commission proceedings.
Sec. 1165.
Intercity passenger service employees.
Sec. 1167.
Technical amendments.
Sec. 1168.
Applicability of other laws.
Sec. 1169.
Effective date.
^{29}
The Northeast Rail Service Act of 1981 was enacted as subtitle E of title XI of the Omnibus Budget Reconciliation Act of 1981 (P.L. 97–35).
[45 U.S.C. 1101 nt]
PART 1—

GENERAL PROVISIONS

findings
Sec. 1132.
The Congress finds and declares that—
(1)
the processes set in motion by the Regional Rail Reorganization Act of 1973 have failed to create a self-sustaining railroad system in the Northeast region of the United States and have cost United States taxpayers many billions of dollars over original estimates;
(2)
current arrangements for the provision of rail freight and commuter service in the Northeast and Midwest regions of the United States are inadequate to meet the transportation needs of the public and the needs of national security;
(3)
although the Federal Government has provided billions of dollars in assistance for Conrail and its employees, the Federal interest in ensuring the flow of interstate commerce through rail service in the private sector has not been achieved, and the protection of interstate commerce requires Federal intervention to preserve essential rail service in the private sector;
(4)
the provisions for protection of employees of bankrupt railroads contained in the Regional Rail Reorganization Act of 1973 have resulted in the payment of benefits far in excess of levels anticipated at the time of enactment, have imposed an excessive fiscal burden on the Federal taxpayer, and are now an obstacle to the establishment of improved rail service and continued rail employment in the Northeast region of the United States; and
(5)
since holding Conrail liable for employee protection payments would destroy its prospects of becoming a profitable carrier and further injure its employees, an alternative employee protection system must be developed and funded.
[45 U.S.C. 1101]

purpose
Sec. 1133.
It is therefore declared to be the purpose of the Congress in this subtitle to provide for—
(1)
the removal by a date certain of the Federal Government's obligation to subsidize the freight operations of Conrail;
(2)
transfer of Conrail commuter service responsibilities to one or more entities whose principal purpose is the provision of commuter service; and
(3)
an orderly return of Conrail freight service to the private sector.
[45 U.S.C. 1102]

goals
Sec. 1134.
It is the goal of this subtitle to provide Conrail the opportunity to become profitable through the achievement of the following objectives:
(1)

Nonagreement personnel.—
(A)
Employees who are not subject to collective bargaining agreements (hereafter in this section referred to as “nonagreement personnel”) should forego wage increases and benefits in an amount proportionately equivalent to the amount foregone by agreement employees pursuant to paragraph (4) of this section, adjusted annually to reflect inflation.
(B)
After May 1, 1981, the number of nonagreement personnel should be reduced proportionately to any reduction in agreement employees (excluding reductions pursuant to the termination program under section 702 of the Regional Rail Reorganization Act of 1973).
(2)

Suppliers.—
To facilitate the orderly movement of goods in interstate commerce, materials and services should continue to be available to Conrail, under normal business practices, including the provision of credit and normal financing arrangements.
(3)

Shippers.—
Conrail should utilize the revenue opportunities available to it under the Staggers Rail Act of 1980 and subtitle IV of title 49, United States Code.
(4)

Agreement employees.—
(A)
Conrail should enter into collective bargaining agreements with its employees which would reduce Conrail's costs in an amount equal to $200,000,000 a year, beginning April 1, 1981, adjusted annually to reflect inflation.
(B)
Agreements under this subparagraph may provide for reductions in wage increases and for changes in fringe benefits common to agreement employees, including vacations and holidays.
(C)
The cost reductions required under this subparagraph in the first year of the agreement may be deferred, but the aggregate cost reductions should be no less than an average of $200,000,000 per year for each of the first three one-year periods beginning April 1, 1981.
(D)
The amount of cost reductions provided under this paragraph shall be calculated by subtracting the cost of an agreement entered into under this paragraph from (i) the cost that would otherwise result from the application of the national agreement reached by railroad industry and its employees, or (ii) until such national agreement is reached, the cost which the United States Railway Association estimates would result from the application of such a national agreement.
[45 U.S.C. 1103]

definitions
Sec. 1135.
(a)
As used in this subtitle, unless the context otherwise requires, the term:
(1)
“Amtrak” means the National Railroad Passenger Corporation created under title III of the Rail Passenger Service Act (45 U.S.C. 541 et seq.).
(2)
“Commission” means the Interstate Commerce Commission.
(3)
“Commuter authority” means any State, local, or regional authority, corporation, or other entity established for purposes of providing commuter service, and includes the Metropolitan Transportation Authority, the Connecticut Department of Transportation, the Maryland Department of Transportation, the Southeastern Pennsylvania Transportation Authority, the New Jersey Transit Corporation, the Massachusetts Bay Transportation Authority, the Port Authority Trans-Hudson Corporation, any successor agencies, and any entity created by one or more such agencies for the purpose of operating, or contracting for the operation of, commuter service.
(4)
“Commuter service” means short-haul rail passenger service operated in metropolitan and suburban areas, whether within or across the geographical boundaries of a State, usually characterized by reduced fare, multiple-ride, and commutation tickets, and by morning and evening peak period operations.
(5)
“Conrail” means the Consolidated Rail Corporation created under title III of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 741 et seq.).
(6)
“Rail carrier” means a common carrier engaged in interstate or foreign commerce by rail subject to subtitle IV of title 49, United States Code.
(7)
“Secretary” means the Secretary of Transportation.
(8)30
“Special court” means the judicial panel established under section 209(b)(1) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 719(b)(1)) or, with respect to any proceedings that arise or continue after the panel is abolished pursuant to section 209(b)(2) of such Act, the United States District Court for the District of Columbia.
^{30}
Margin so in law.
[45 U.S.C. 1104]
(b)
Section 102 of the Regional Rail Reorganization Act of 1973 is amended—
(1)
by inserting after paragraph (2) the following new paragraphs:
“(3)
‘Commuter authority’ means any State, local, or regional authority, corporation, or other entity established for purposes of providing commuter service, and includes the Metropolitan Transportation Authority, the Connecticut Department of Transportation, the Maryland Department of Transportation, the Southeastern Pennsylvania Transportation Authority, the New Jersey Transit Corporation, the Massachusetts Bay Transportation Authority, the Port Authority Trans-Hudson Corporation, any successor agencies, and any entity created by one or more such agencies for the purpose of operating, or contracting for the operation of, commuter service;
“(4)
‘Commuter service’ means short-haul rail passenger service operated in metropolitan and suburban areas, whether within or across the geographical boundaries of a State, usually characterized by reduced fare, multiple-ride, and commutation tickets, and by morning and evening peak period operations;”
; and
(2)
by redesignating paragraphs (3) through (19) as paragraphs (5) through (21), respectively.
PART 2—

TRANSFER OF RAIL SERVICE RESPONSIBILITIES
Subpart A—

Transfer of Conrail Commuter Services

end of conrail obligation
Sec. 1136.
Notwithstanding any other provision of law or contract, Conrail shall be relieved of any legal obligation to operate commuter service on January 1, 1983.
[45 U.S.C. 744a]
[Section 1137 repealed by section 7(b) of Public Law 103–272 (108 Stat. 1392).]
[Section 1138 repealed by section 7(b) of Public Law 103–272 (108 Stat. 1392).]

authorization of appropriations
Sec. 1139.
(a)
[Subsection 1139(a) repealed by section 7(b) of Public Law 103–272 (108 Stat. 1392).]
(b)
(1)
There are authorized to be appropriated to the Secretary not to exceed $50,000,000, to facilitate the transfer of rail commuter services from Conrail to other operators. The Secretary shall by regulation prescribe standards for the obligation of such funds, and shall ensure that distribution of such funds is equitably made between Amtrak Commuter and the commuter authorities that operate commuter service. In providing for the distribution of such funds, the Secretary shall consider any particular adverse financial impact upon any commuter authority that results from the termination of any lease or agreement between such commuter authority and Conrail. Amounts appropriated under this section are authorized to remain available until October 1, 1986.
(2)
Any funds appropriated under the authority of this subsection shall be distributed by the Secretary to Amtrak Commuter and commuter authorities according to the statutory provisions of paragraph (1) of this subsection within 60 days after receipt of an application by Amtrak Commuter or such commuter authorities or within 60 days after the date of enactment of the Rail Safety and Service Improvement Act of 1982, whichever is later.
[45 U.S.C. 744a nt]
Subpart B—

Additional Financing of Conrail

additional financing of conrail
Sec. 1140.
[Section 1140 added a new section 217 to the Regional Rail Reorganization Act of 1973, relating to stock.]

organization and structure of conrail
Sec. 1141.
(a)
Section 301(d)(2) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 741(d)(2)) is amended—
(1)
by striking out “(other than resignations pursuant to this subsection)” in the second sentence; and
(2)
by striking out the third, fourth, and fifth sentences.
(b)
Section 301(e)(1) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 741(e)(1)) is amended by striking out “In order to carry out the final system plan, the” and inserting in lieu thereof “The”.
(c)
Section 301 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 741) is amended by striking out subsection (j) and inserting in lieu thereof the following new subsection:
“(j)

Signal Systems.—
If, within two years after the effective date of this subsection, the Corporation applies for the permission of the Secretary to substitute manual block signal systems for automatic block signal systems on lines on which less than 20,000,000 gross tons of freight are carried annually, the Secretary shall approve or disapprove such application within 90 days of its submission.”
.
Subpart C—

Transfer of Freight Service Responsibilities

transfer of freight service
Sec. 1142.
[Section 1142 added a new title IV to the Regional Rail Reorganization Act of 1973, relating to transfer of freight service.]
PART 3—

PROTECTION FOR CONRAIL EMPLOYEES

protection of conrail employees
Sec. 1143.
[Section 1143 added a new title VII to the Regional Rail Reorganization Act of 1973, relating to employee protection.]

repeals
Sec. 1144.
(a)
(1)
Title V of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 771 et seq.), and the items in the table of contents of such Act relating to such title V, are repealed.
(2)
Notwithstanding the repeal made by paragraph (1) of this subsection—
(A)
benefits accrued as of the effective date of this subsection as a result of events that occurred wholly prior to October 1, 1981, shall be disbursed except as provided in paragraph (3); and
(B)
any dispute or controversy regarding such benefits shall be determined under the terms of the law in effect on the date the claim arose.
(3)
Benefits shall not be disbursed under paragraph (2)(A) unless the employee has filed a claim for such benefits within 90 days after the date of the repeal; except that, with respect to a claim which is the subject of or is based upon any arbitration decision issued after the date of repeal, such 90-day period shall not commence until such arbitration decision is issued to the employee and the employee's representative; and no benefits shall be disbursed unless appropriations for such purposes are or becomes available.
(4)
The provisions of this subsection shall take effect on the first day of the first month beginning after the date of enactment of this subtitle.
[45 U.S.C. 771 nt]
(b)
Section 11 of the Milwaukee Railroad Restructuring Act (45 U.S.C. 910) and section 107 of the Rock Island Transition and Employee Assistance Act (45 U.S.C. 1006) (relating to maintenance of certain employee lists) are repealed.
PART 4—

TERMS OF LABOR ASSUMPTION
Subpart A—

Passenger Employees
[Section 1145 repealed by section 7(b) of Public Law 103–272 (108 Stat. 1392).]
Subpart B—

Freight Employees

labor transfer
Sec. 1146.
[Section 1146 added new sections 411 and 412 to the Regional Rail Reorganization Act of 1973, relating to labor transfer.]
PART 5—

UNITED STATES RAILWAY ASSOCIATION

organization of usra
Sec. 1147.
[Section 1147 amended section 201 of the Regional Rail Reorganization Act of 1973, relating to the organization of the United States Railway Association.]

functions of usra
Sec. 1148.
[Section 1148 amended section 202 of the Regional Rail Reorganization Act of 1973, relating to the functions of the United States Railway Association.]

access to information
Sec. 1149.
Section 203 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 713) is amended to read as follows:

“access to information
Sec. 203.
The Corporation shall make available to the Association such information as the Association determines necessary for the Association to carry out its functions under this Act. The Association shall request from other parties which are affected by this Act information which will enable the Association to fulfill its functions under this Act.”
.

united states railway association reports
Sec. 1150.
[Section 1150 added new sections 218 and 219 to the Regional Rail Reorganization Act of 1973, relating to reports of and advisory board to the United States Railway Association.]

usra authorization
Sec. 1151.
Section 214(c) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 724(c)) is amended to read as follows:
“(c)

Association.—
There are authorized to be appropriated to the Association for purposes of carrying out its administrative expenses under this Act not to exceed $13,000,000 for the fiscal year ending September 30, 1982, and not to exceed $4,000,000 for the fiscal year ending September 30, 1983. Sums appropriated under this subsection are authorized to remain available until expended.”
.
PART 6—

MISCELLANEOUS PROVISIONS

judicial review
Sec. 1152.
(a)
Notwithstanding any other provision of law, the special court shall have original and exclusive jurisdiction over any civil action—
(1)
for injunctive, declaratory, or other relief relating to the enforcement, operation, execution, or interpretation of any provision of or amendment made by this subtitle or part 2 of the Conrail Privatization Act, or administrative action taken thereunder to the extent such action is subject to judicial review;
(2)
challenging the constitutionality of any provision of or amendment made by this subtitle or part 2 of the Conrail Privatization Act;
(3)
to obtain, inspect, copy, or review any document in the possession or control of the Secretary, Conrail, the United States Railway Association, or Amtrak that would be discoverable in litigation under any provision of or amendment made by this subtitle or part 2 of the Conrail Privatization Act; or
(4)
seeking judgment upon any claim against the United States founded upon the Constitution and resulting from the operation of any provision of or amendment made by this subtitle or part 2 of the Conrail Privatization Act.
(b)31

Appeal.—
An order or judgment of the United States District Court for the District of Columbia in any action referred to in this section shall be reviewable in accordance with sections 1291, 1292, and 1294 of title 28, United States Code.
^{31}
Section 605(d) of the Federal Courts Improvement Act of 1996 provided that this subsection shall not apply to any final order or judgement entered into by the special court established under section 209(b) of the Regional Rail Reorganization Act of 1973 for which—
(1) a petition for writ of certiorari has been filed before the date on which the special court is abolished [February 16, 1997]; or
(2) the time for filing a petition for writ of certiorari has not expired before that date.
(c)
Administrative action under the provisions of or amendments made by this subtitle or part 2 of the Conrail Privatization Act which is subject to review shall be upheld unless such action is found to be unlawful under standards established for review of informal agency action under paragraphs (2) (A), (B), (C), and (D) of section 706, title 5, United States Code. The requirements of this subtitle or part 2 of the Conrail Privatization Act, as the case may be, shall constitute the exclusive procedures required by law for such administrative action.
[45 U.S.C. 1105]

transfer taxes and fees; recordation
Sec. 1153.
(a)
(1)
All transfers or conveyances of any interest in rail property (whether real, personal, or mixed) which are made under any provision of or amendment made by this subtitle shall be exempt from any taxes, imposts, or levies now or hereby imposed, by the United States or by any State or any political subdivision of a State, on or in connection with such transfers or conveyances or on the recording of deeds, bills of sale, liens, encumbrances, easements, or other instruments evidencing, effectuating, or incident to any such transfers or conveyances, whether imposed on the transferor or on the transferee. Such transferors and transferees shall be entitled to record any such deeds, bills of sale, liens, encumbrances, easements, or other instruments, and to record the release or removal of any preexisting liens or encumbrances of record with respect to properties so transferred or conveyed, upon payment of any appropriate and generally applicable charges to compensate for the cost of the service performed.
(2)
This section shall not apply to Federal income tax laws.
(b)
Transfer of designated real property (including any interest in real property) authorized by the amendments made by part 2 of this subtitle shall have the same effect for purposes of rights and priorities with respect to such property as recordation on the transfer date of appropriate deeds, or other appropriate instruments, in offices appointed under State law for such recordation, except that acquiring rail carriers and other entities shall proffer such deeds or other instruments for recordation within 36 months after the transfer date as a condition of preserving such rights and priorities beyond the expiration of that period. Conrail shall cooperate in effecting the timely preparation, execution, and proffering for recordation of such deeds and other instruments.
[45 U.S.C. 1106]
[Section 1154 repealed by section 4033(c)(1)(C)(i)(I) of P.L. 99–134 (100 Stat. 1908).]

expedited supplemental transactions
Sec. 1155.
[Section 1155 amended section 305 of the Regional Rail Reorganization Act of 1973, relating to expedited transactions.]

abandonments
Sec. 1156.
[Section 1156 added a new section 308 to the Regional Rail Reorganization Act of 1973, relating to abandonments.]

amendment to the railway labor act
Sec. 1157.
[Section 1157 added a new section 9A to the Railway Labor Act, relating to commuter service.]

concerted economic action
Sec. 1158.
(a)
Any person engaging in concerted economic action over disputes with Amtrak Commuter or any commuter authority shall not be entitled to engage in any strike against, or otherwise to induce any employee of, Conrail, where an effect thereof is to interfere with rail freight service provided by Conrail.
(b)
Any person engaging in concerted economic action over disputes arising out of freight operations provided by Conrail shall not be entitled to engage in any strike against, or otherwise to induce any employee of, Amtrak Commuter or any commuter authority, where an effect thereof is to interfere with rail passenger service.
(c)
Any concerted action in violation of this section shall be deemed to be a violation of the Railway Labor Act.
[45 U.S.C. 1108]

construction and effect of certain provisions
Sec. 1159.
Any cost reductions resulting from the provisions of or the amendments made by this subtitle shall not be used to limit the maximum level of any rate charged by Conrail for the provision of rail service, to limit the amount of any increase in any such rate (including rates maintained jointly by Conrail and other rail carriers), or to limit a surcharge or cancellation otherwise lawful under chapter 107 of title 49, United States Code.
[45 U.S.C. 1109]

labor authorization
Sec. 1160.
There are authorized to be appropriated to the Secretary of Transportation for the fiscal year ending September 30, 1982, not to exceed $25,000,000 for the payment of allowances, expenses, and costs that protected employees are entitled to receive under any provision of title V of the Regional Rail Reorganization Act of 1973 as in effect on the day before the effective date of this subtitle.
[Section 1161 repealed by section 4033(c)(1)(C)(i)(II) of Public Law 99–509 (100 Stat. 1908).]

rehabilitation and improvement financing
Sec. 1162.
(a)
[Section 1162(a) amended section 505 of the Railroad Revitalization and Regulatory Reform Act of 1976, relating to rehabilitation financing.]
(b)
[Section 1162(b) amended section 501 of the Railroad Revitalization and Regulatory Reform Act of 1976, relating to definitions.]
(c)
and (d)
[Section 1162 (c) and (d) amended section 505 of the Railroad Revitalization and Regulatory Reform Act of 1976, relating to rehabilitation financing.]
(e)
and (f)
[Section 1162 (e) and (f) amended section 509 of the Railroad Revitalization and Regulatory Reform Act of 1976, relating to authorizations.]
[Section 1163 repealed by P.L. 105–134 (111 Stat. 2586).]

commission proceedings
Sec. 1164.
(a)
Notwithstanding any other provision of subtitle IV of title 49, United States Code, in any proceeding before the Commission under section 11324 or 11325 of such subtitle involving a railroad in the Region, as defined in section 102 of the Regional Rail Reorganization Act of 1973, which was in a bankruptcy proceeding under section 77 of the Bankruptcy Act on November 4, 1979, the Commission shall, with or without a hearing, issue a final decision within a period not to exceed 180 days after receipt of an application under either such section.
(b)
Notwithstanding any other provision of subtitle IV of title 49, United States Code, in any proceeding before the Commission under section 11324 or 11325 of such subtitle involving a profitable railroad in the Region, as defined in section 102 of the Regional Rail Reorganization Act of 1973, which received a loan under section 211(a) of such Act, the Commission shall, with or without a hearing, issue a final decision within a period not to exceed 180 days after receipt of an application under either such section.
(c)
(1)
If the Secretary determines under subsection (b) that there is an agreement between a profitable railroad in the Region (as defined in section 102 of the Regional Rail Reorganization Act of 1973) which received a loan under section 211(a) of such Act and a prospective purchaser for the sale of such railroad, the Secretary shall limit the interest of the United States in any debt of such a railroad to an interest which attaches to such debt in the event of bankruptcy or substantial sale or liquidation of the assets of the railroad. The Secretary may substitute for the evidence of such debt contingency notes payable solely from the railroad operating assets then securing such debt, including reinvestments thereof, or such other contingency notes as the Secretary deems appropriate and which conform to the terms set forth in this subsection.
(2)
If the interest of the United States is limited under paragraph (1), any new debt issued by such a railroad subsequent to the issuance of the debt described in paragraph (1) may have such higher priority in the event of bankruptcy, liquidation, or abandonment of the assets of such a railroad than the debt described in such paragraph as the Secretary and the railroad may agree.
(3)
In carrying out the duties under this subsection, the Secretary may (A) enter into such agreements, (B) in accordance with any such agreements, cancel or cause to be cancelled or amend or cause to be amended any notes or securities currently held by agencies or instrumentalities of the United States, and (C) accept in exchange as substitution therefor such instruments evidencing the indebtedness owed to such agencies or instrumentalities as, in the Secretary's judgment, will effectuate the purposes of this subsection.
[45 U.S.C. 1112]

intercity passenger service employees
Sec. 1165.
(a)
After January 1, 1983, Conrail shall be relieved of the responsibility to provide crews for intercity passenger service on the Northeast Corridor. Amtrak, Amtrak Commuter, and Conrail, and the employees with seniority in both freight and passenger service shall commence negotiations not later than 120 days after the date of the enactment for the right of such employees to move from one service to the other once each six-month period. Such agreement shall ensure that Conrail, Amtrak, and Amtrak Commuter have the right to furlough one employee in the same class or craft for each employee who returns through the exercise of seniority rights. If agreement is not reached within 360 days, such matter shall be submitted to binding arbitration.
(b)
Conrail employees who are deprived of employment by an assumption or discontinuance of intercity passenger service by Amtrak shall be eligible for employee protection benefits under section 70132 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 797), notwithstanding any other provision of law, agreement, or arrangement, and notwithstanding the inability of such employees otherwise to meet the eligibility requirements of such section. Such protection shall be the exclusive protection applicable to Conrail employees deprived of employment or adversely affected by any such assumption or discontinuance.
^{32}
Section 701 repealed by section 4024(c) of Public Law 99–509 (100 Stat. 1904).
[45 U.S.C. 1113]
[Section 1166 repealed by section 4033(c)(1)(C)(i)(III) of Public Law 99–509 (100 Stat. 1908).]

technical amendments
Sec. 1167.
(a)
Section 303(c) of the Regional Rail Reorganization Act of 1978 (45 U.S.C. 743(c)) is amended by striking the following wherever they appear: “securities,”; “securities and”; “at least one share of series B preferred stock and”; “other securities of the Corporation or”; and “securities or”.
(b)
For the purpose of computing the amount for which certificates of value shall be redeemable under section 306 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 746), the series B preferred stock and the common stock conveyed to the Secretary under section 115433 of this subtitle shall be deemed to be without fair market value unless in a proceeding brought under section 1152(a)(4) of this subtitle the special court shall have determined that such securities had a value and shall have entered a judgment against the United States for that value. In such an event, the securities shall for purposes of section 306 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 746) be deemed to have that value found by the special court.
^{33}
Section 1154 was repealed by section 4033(c)(1)(C)(i)(I) of Public Law 99–509 (100 Stat. 1908).

applicability of other laws
Sec. 1168.
(a)
The provisions of the chapters 5 and 7 of title 5 of the United States Code (popularly known as the Administrative Procedure Act and including provisions popularly known as the Government in the Sunshine Act), chapter 10 of title 5, United States Code, section 102(2)(C) of the National Environmental Policy Act of 1969, division A of subtitle III of title 54, United States Code of 196634, and section 4(f) of the Department of Transportation Act of 1966 are inapplicable to actions taken in negotiating, approving, or implementing service transfers under title IV of the Regional Rail Reorganization Act of 1973 and to the implementation of the sale of the interest of the United States in Conrail under the Conrail Privatization Act.
^{34}
The phrase “of 1996” the first place it appears should not appear. See amendment made by section 5(m)(1) of Public Law 113–287.
(b)
The operation of trains by Conrail shall not be subject to the requirement of any State or local law which specifies the minimum number of crew members who must be employed in connection with the operation of such trains.
[45 U.S.C. 1116]

effective date
Sec. 1169.
Except as otherwise provided, the provisions of and the amendments made by this subtitle shall take effect on the date of the enactment of this subtitle.
[45 U.S.C. 1101 nt]
* * * * * * *
TITLE XIII—

INTERNATIONAL AFFAIRS
* * * * * * *
Subtitle B—

International Development Banks
* * * * * * *
Part 3—

AFRICAN DEVELOPMENT BANK

short title
Sec. 1331.
This part may be cited as the “African Developmental Bank Act”.
[22 U.S.C. 290i note]
* * * * * * *
SEC. 1345.

SEVENTH CAPITAL INCREASE.
(a)

Subscription Authorized.—
(1)

In general.—
The United States Governor of the Bank may subscribe on behalf of the United States to 532,023 additional shares of the capital stock of the Bank.
(2)

Limitation.—
Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts.
(b)

Authorization of Appropriations.—
(1)

In general.—
In order to pay for the increase in the United States subscription to the Bank under subsection (a), there are authorized to be appropriated, without fiscal year limitation, $7,286,587,008 for payment by the Secretary of the Treasury.
(2)

Share types.—
Of the amount authorized to be appropriated under paragraph (1)—
(A)
$437,190,016 shall be for paid in shares of the Bank; and
(B)
$6,849,396,992 shall be for callable shares of the Bank.
[22 U.S.C. 290i-12]
* * * * * * *
TITLE XXVI—

LOW-INCOME HOME ENERGY ASSISTANCE

short title
Sec. 2601.
This title may be cited as the “Low-Income Home Energy Assistance Act of 1981”.

home energy grants authorized
Sec. 2602.
(a)
The Secretary is authorized to make grants, in accordance with the provisions of this title, to States to assist low-income households, particularly those with the lowest incomes, that pay a high proportion of household income for home energy, primarily in meeting their immediate home energy needs.
(b)
There are authorized to be appropriated to carry out the provisions of this title (other than section 2607A), $2,000,000,000 for each of fiscal years 1995 through 1999, such sums as may be necessary for each of fiscal years 2000 and 2001, and $5,100,000,000 for each of fiscal years 2005 through 2007. The authorizations of appropriations contained in this subsection are subject to the program year provisions of subsection (c).
(c)
Amounts appropriated under this section for any fiscal year for programs and activities under this title shall be made available for obligation in the succeeding fiscal year.
(d)
(1)
There is authorized to be appropriated to carry out section 2607A, $30,000,000 for each of fiscal years 1999 through 2004, except as provided in paragraph (2).
(2)
For any of fiscal years 1999 through 2004 for which the amount appropriated under subsection (b) is not less than $1,400,000,000, there is authorized to be appropriated $50,000,000 to carry out section 2607A.
(e)
There is authorized to be appropriated in each fiscal year for payments under this title, in addition to amounts appropriated for distribution to all the States in accordance with section 2604 (other than subsection (e) of such section), $600,000,000 to meet the additional home energy assistance needs of one or more States arising from a natural disaster or other emergency. Funds appropriated pursuant to this subsection are hereby designated to be emergency requirements pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985, except that such funds shall be made available only after the submission to Congress of a formal budget request by the President (for all or a part of the appropriation pursuant to this subsection) that includes a designation of the amount requested as an emergency requirement as defined in such Act.
[42 U.S.C. 8621]

definitions
Sec. 2603.
As used in this title:
(1)
The term “emergency” means—
(A)
a natural disaster;
(B)
a significant home energy supply shortage or disruption;
(C)
a significant increase in the cost of home energy, as determined by the Secretary;
(D)
a significant increase in home energy disconnections reported by a utility, a State regulatory agency, or another agency with necessary data;
(E)
a significant increase in participation in a public benefit program such as the supplemental nutrition assistance program carried out under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the national program to provide supplemental security income carried out under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), or the State temporary assistance for needy families program carried out under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), as determined by the head of the appropriate Federal agency;
(F)
a significant increase in unemployment, layoffs, or the number of households with an individual applying for unemployment benefits, as determined by the Secretary of Labor; or
(G)
an event meeting such criteria as the Secretary, in the discretion of the Secretary, may determine to be appropriate.
(2)
The term “energy burden” means the expenditures of the household for home energy divided by the income of the household.
(3)
The term “energy crisis” means weather-related and supply shortage emergencies and other household energy-related emergencies.
(4)
The term “highest home energy needs” means the home energy requirements of a household determined by taking into account both the energy burden of such household and the unique situation of such household that results from having members of vulnerable populations, including very young children, individuals with disabilities, and frail older individuals.
(5)
The term “household” means any individual or group of individuals who are living together as one economic unit for whom residential energy is customarily purchased in common or who make undesignated payments for energy in the form of rent.
(6)
The term “home energy” means a source of heating or cooling in residential dwellings.
(7)
The term “natural disaster” means a weather event (relating to cold or hot weather), flood, earthquake, tornado, hurricane, or ice storm, or an event meeting such other criteria as the Secretary, in the discretion of the Secretary, may determine to be appropriate.
(8)
The term “poverty level” means, with respect to a household in any State, the income poverty line as prescribed and revised at least annually pursuant to section 673(2) of the Community Services Block Grant Act, as applicable to such State.
(9)
The term “Secretary” means the Secretary of Health and Human Services.
(10)
The term “State” means each of the several States and the District of Columbia.
(11)
The term “State median income” means the State median income promulgated by the Secretary in accordance with procedures established under section 2002(a)(6) of the Social Security Act (as such procedures were in effect on the day before the date of the enactment of this Act) and adjusted, in accordance with regulations prescribed by the Secretary, to take into account the number of individuals in the household.
[42 U.S.C. 8622]

state allotments
Sec. 2604.
(a)
(1)
(A)
Except as provided in subparagraph (B), the Secretary shall, from that percentage of the amount appropriated under section 2602(b) for each fiscal year which is remaining after reserving any amount permitted to be reserved under section 2609A and after the amount of allotments for such fiscal year under subsection (b)(1) is determined by the Secretary, allot to each State an amount equal to such remaining percentage multiplied by the State's allotment percentage.
(B)
From the sums appropriated therefor after reserving any amount permitted to be reserved under section 2609A, if for any period a State has a plan which is described in section 2605(c)(1), the Secretary shall pay to such State an amount equal to 100 percent of the expenditures of such State made during such period in carrying out such plan, including administrative costs (subject to the provisions of section 2605(b)(9)(B)), with respect to households described in section 2605(b)(2).
(2)
For purposes of paragraph (1), for fiscal year 1985 and thereafter, a State's allotment percentage is the percentage which expenditures for home energy by low-income households in that State bears to such expenditures in all States, except that States which thereby receive the greatest proportional increase in allotments by reason of the application of this paragraph from the amount they received pursuant to Public Law 98–139 shall have their allotments reduced to the extent necessary to ensure that—
(A)
(i)
no State for fiscal year 1985 shall receive less than the amount of funds the State received in fiscal year 1984; and
(ii)
no State for fiscal year 1986 and thereafter shall receive less than the amount of funds the State would have received in fiscal year 1984 if the appropriations for this title for fiscal year 1984 had been $1,975,000,000, and
(B)
any State whose allotment percentage out of funds available to States from a total appropriation of $2,250,000,000 would be less than 1 percent, shall not, in any year when total appropriations equal or exceed $2,250,000,000, have its allotment percentage reduced from the percentage it would receive from a total appropriation of $2,140,000,000.
(3)
If the sums appropriated for any fiscal year for making grants under this title are not sufficient to pay in full the total amount allocated to a State under paragraph (1) for such fiscal year, the amount which all States will receive under this title for such fiscal year shall be ratably reduced.
(4)
For the purpose of this section, the Secretary shall determine the expenditure for home energy by low-income households on the basis of the most recent satisfactory data available to the Secretary.
(b)
(1)
The Secretary shall apportion not less than one-tenth of 1 percent, and not more than one-half of 1 percent, of the amounts appropriated for each fiscal year to carry out this title on the basis of need among the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. The Secretary shall determine the total amount to be apportioned under this paragraph for any fiscal year (which shall not exceed one-half of 1 percent) after evaluating the extent to which each jurisdiction specified in the preceding sentence requires assistance under this paragraph for the fiscal year involved.
(2)
Each jurisdiction to which paragraph (1) applies may receive grants under this title upon an application submitted to the Secretary containing provisions which describe the programs for which assistance is sought under this title, and which are consistent with the requirements of section 2605.
(c)
Of the funds available to each State under subsection (a), a reasonable amount based on data from prior years shall be reserved until March 15 of each program year by each State for energy crisis intervention. The program for which funds are reserved by this subsection shall be administered by public or nonprofit entities which have experience in administering energy crisis programs under the Low-Income Energy Assistance Act of 1980, or under this Act, experience in assisting low-income individuals in the area to be served, the capacity to undertake a timely and effective energy crisis intervention program, and the ability to carry out the program in local communities. The program for which funds are reserved under this subsection shall—
(1)
not later than 48 hours after a household applies for energy crisis benefits, provide some form of assistance that will resolve the energy crisis if such household is eligible to receive such benefits;
(2)
not later than 18 hours after a household applies for crisis benefits, provide some form of assistance that will resolve the energy crisis if such household is eligible to receive such benefits and is in a life-threatening situation; and
(3)
require each entity that administers such program—
(A)
to accept applications for energy crisis benefits at sites that are geographically accessible to all households in the area to be served by such entity; and
(B)
to provide to low-income individuals who are physically infirm the means—
(i)
to submit applications for energy crisis benefits without leaving their residences; or
(ii)
to travel to the sites at which such applications are accepted by such entity.
The preceding sentence shall not apply to a program in a geographical area affected by a natural disaster in the United States designated by the Secretary, or by a major disaster or emergency designated by the President under the Disaster Relief Act of 1974, for so long as such designation remains in effect, if the Secretary determines that such disaster or such emergency makes compliance with such sentence impracticable.
(d)
(1)
If, with respect to any State, the Secretary—
(A)
receives a request from the governing organization of an Indian tribe within the State that assistance under this title be made directly to such organization; and
(B)
determines that the members of such tribe would be better served by means of grants made directly to provide benefits under this title;
the Secretary shall reserve from amounts which would otherwise be payable to such State from amounts allotted to it under this title for the fiscal year involved the amount determined under paragraph (2).
(2)
The amount determined under this paragraph for a fiscal year is the amount which bears the same ratio to the amount which would (but for this subsection) be allotted to such State under this title for such fiscal year (other than by reason of section 2607(b)(2)) as the number of Indian households described in subparagraphs (A) and (B) of section 2605(b)(2) and residing within the State on the reservation of the tribes or on trust lands adjacent to such reservation bears to the number of all households described in subparagraphs (A) and (B) of section 2605(b)(2) in such State, or such greater amount as the Indian tribe and the State may agree upon. In cases where a tribe has no reservation, the Secretary, in consultation with the tribe and the State, shall define the number of Indian households for the determination under this paragraph.
(3)
The sums reserved by the Secretary on the basis of a determination under this subsection shall be granted to—
(A)
the tribal organization serving the individuals for whom such a determination has been made; or
(B)
in any case where there is no tribal organization serving an individual for whom such a determination has been made, such other entity as the Secretary determines has the capacity to provide assistance pursuant to this title.
(4)
In order for a tribal organization or other entity to be eligible for an amount under this subsection for a fiscal year, it shall submit to the Secretary a plan (in lieu of being under the State's plan) for such fiscal year which meets such criteria as the Secretary may by regulations prescribe.
(e)
Notwithstanding subsections (a) through (d), the Secretary may allot amounts appropriated pursuant to section 2602(e) to one or more than one State. In determining whether to make such an allotment to a State, the Secretary shall take into account the extent to which the State was affected by the natural disaster or other emergency involved, the availability to the State of other resources under the program carried out under this title or any other program, and such other factors as the Secretary may find to be relevant. Not later than 30 days after making the determination, but prior to releasing an allotted amount to a State, the Secretary shall notify Congress of the allotments made pursuant to this subsection.
[42 U.S.C. 8623]

applications and requirements
Sec. 2605.
(a)
(1)
Each State desiring to receive an allotment for any fiscal year under this title shall submit an application to the Secretary. Each such application shall be in such form as the Secretary shall require. Each such application shall contain assurances by the chief executive officer of the State that the State will meet the conditions enumerated in subsection (b).
(2)
After the expiration of the first fiscal year for which a State receives funds under this title, no funds shall be allotted to such State for any fiscal year under this title unless such State conduct public hearings with respect to the proposed use and distribution of funds to be provided under this title for such fiscal year.
(b)
As part of the annual application required by subsection (a), the chief executive officer of each State shall certify that the State agrees to—
(1)
use the funds available under this title to—
(A)
conduct outreach activities and provide assistance to low income households in meeting their home energy costs, particularly those with the lowest incomes that pay a high proportion of household income for home energy, consistent with paragraph (5);
(B)
intervene in energy crisis situations;
(C)
provide low-cost residential weatherization and other cost-effective energy-related home repair; and
(D)
plan, develop, and administer the State's program under this title including leveraging programs,
and the State agrees not to use such funds for any purposes other than those specified in this title;
(2)
make payments under this title only with respect to—
(A)
households in which 1 or more individuals are receiving—
(i)
assistance under the State program funded under part A of title IV of the Social Security Act;
(ii)
supplemental security income payments under title XVI of the Social Security Act;
(iii)
supplemental nutrition assistance program benefits under the Food and Nutrition Act of 2008; or
(iv)
payments under section 415, 521, 541, or 542 of title 38, United States Code, or under section 306 of the Veterans' and Survivors' Pension Improvement Act of 1978; or
(B)
households with incomes which do not exceed the greater of—
(i)
an amount equal to 150 percent of the poverty level for such State; or
(ii)
an amount equal to 60 percent of the State median income;
except that a State may not exclude a household from eligibility in a fiscal year solely on the basis of household income if such income is less than 110 percent of the poverty level for such State, but the State may give priority to those households with the highest home energy costs or needs in relation to household income;
(3)
conduct outreach activities designed to assure that eligible households, especially households with elderly individuals or disabled individuals, or both, and households with high home energy burdens, are made aware of the assistance available under this title, and any similar energy-related assistance available under subtitle B of title VI (relating to community services block grant program) or under any other provision of law which carries out programs which were administered under the Economic Opportunity Act of 1964 before the date of the enactment of this Act;
(4)
coordinate its activities under this title with similar and related programs administered by the Federal Government and such State, particularly low-income energy-related programs under subtitle B of title VI (relating to community services block grant program), under the supplemental security income program, under part A of title IV of the Social Security Act, under title XX of the Social Security Act, under the low-income weatherization assistance program under title IV of the Energy Conservation and Production Act, or under any other provision of law which carries out programs which were administered under the Economic Opportunity Act of 1964 before the date of the enactment of this Act;
(5)
provide, in a timely manner, that the highest level of assistance will be furnished to those households which have the lowest incomes and the highest energy costs or needs in relation to income, taking into account family size, except that the State may not differentiate in implementing this section between the households described in clauses (2)(A) and (2)(B) of this subsection;
(6)
to the extent it is necessary to designate local administrative agencies in order to carry out the purposes of this title, to give special consideration, in the designation of such agencies, to any local public or private nonprofit agency which was receiving Federal funds under any low-income energy assistance program or weatherization program under the Economic Opportunity Act of 1964 or any other provision of law on the day before the date of the enactment of this Act, except that—
(A)
the State shall, before giving such special consideration, determine that the agency involved meets program and fiscal requirements established by the State; and
(B)
if there is no such agency because of any change in the assistance furnished to programs for economically disadvantaged persons, then the State shall give special consideration in the designation of local administrative agencies to any successor agency which is operated in substantially the same manner as the predecessor agency which did receive funds for the fiscal year preceding the fiscal year for which the determination is made;
(7)
if the State chooses to pay home energy suppliers directly, establish procedures to—
(A)
notify each participating household of the amount of assistance paid on its behalf;
(B)
assure that the home energy supplier will charge the eligible household, in the normal billing process, the difference between the actual cost of the home energy and the amount of the payment made by the State under this title;
(C)
assure that the home energy supplier will provide assurances that any agreement entered into with a home energy supplier under this paragraph will contain provisions to assure that no household receiving assistance under this title will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; and
(D)
ensure that the provision of vendored payments remains at the option of the State in consultation with local grantees and may be contingent on unregulated vendors taking appropriate measures to alleviate the energy burdens of eligible households, including providing for agreements between suppliers and individuals eligible for benefits under this Act that seek to reduce home energy costs, minimize the risks of home energy crisis, and encourage regular payments by individuals receiving financial assistance for home energy costs;
(8)
provide assurances that (A) the State will not exclude households described in clause (2)(B) of this subsection from receiving home energy assistance benefits under clause (2), and (B) the State will treat owners and renters equitably under the program assisted under this title;
(9)
provide that—
(A)
the State may use for planning and administering the use of funds under this title an amount not to exceed 10 percent of the funds payable to such State under this title for a fiscal year; and
(B)
the State will pay from non-Federal sources the remaining costs of planning and administering the program assisted under this title and will not use Federal funds for such remaining costs (except for the costs of the activities described in paragraph (16));
(10)
provide that such fiscal control and fund accounting procedures will be established as may be necessary to assure the proper disbursal of and accounting for Federal funds paid to the State under this title, including procedures for monitoring the assistance provided under this title, and provide that the State will comply with the provisions of chapter 75 of title 31, United States Code (commonly known as the “Single Audit Act”);
(11)
permit and cooperate with Federal investigations undertaken in accordance with section 2608;
(12)
provide for timely and meaningful public participation in the development of the plan described in subsection (c);
(13)
provide an opportunity for a fair administrative hearing to individuals whose claims for assistance under the plan described in subsection (c) are denied or are not acted upon with reasonable promptness;
(14)
cooperate with the Secretary with respect to data collecting and reporting under section 2610;
(15)
beginning in fiscal year 1992, provide, in addition to such services as may be offered by State Departments of Public Welfare at the local level, outreach and intake functions for crisis situations and heating and cooling assistance that is administered by additional State and local governmental entities or community-based organizations (such as community action agencies, area agencies on aging, and not-for-profit neighborhood-based organizations), and in States where such organizations do not administer intake functions as of September 30, 1991, preference in awarding grants or contracts for intake services shall be provided to those agencies that administer the low-income weatherization or energy crisis intervention programs; and
(16)
use up to 5 percent of such funds, at its option, to provide services that encourage and enable households to reduce their home energy needs and thereby the need for energy assistance, including needs assessments, counseling, and assistance with energy vendors, and report to the Secretary concerning the impact of such activities on the number of households served, the level of direct benefits provided to those households, and the number of households that remain unserved.
The Secretary may not prescribe the manner in which the States will comply with the provisions of this subsection. The Secretary shall issue regulations to prevent waste, fraud, and abuse in the programs assisted by this title. Not later than 18 months after the date of the enactment of the Low-Income Home Energy Assistance Amendments of 1994, the Secretary shall develop model performance goals and measurements in consultation with State, territorial, tribal, and local grantees, that the States may use to assess the success of the States in achieving the purposes of this title. The model performance goals and measurements shall be made available to States to be incorporated, at the option of the States, into the plans for fiscal year 1997. The Secretary may request data relevant to the development of model performance goals and measurements.
(c)
(1)
As part of the annual application required in subsection (a), the chief executive officer of each State shall prepare and furnish to the Secretary, in such format as the Secretary may require, a plan which—
(A)
describes the eligibility requirements to be used by the State for each type of assistance to be provided under this title, including criteria for designating an emergency under section 2604(c);
(B)
describes the benefit levels to be used by the State for each type of assistance including assistance to be provided for emergency crisis intervention and for weatherization and other energy-related home repair;
(C)
contains estimates of the amount of funds the State will use for each of the programs under such plan and describes the alternative use of funds reserved under section 2604(c) in the event any portion of the amount so reserved is not expended for emergencies;
(D)
describes weatherization and other energy-related home repair the State will provide under subsection (k), including any steps the State will take to address the weatherization and energy-related home repair needs of households that have high home energy burdens, and describes any rules promulgated by the Department of Energy for administration of its Low Income Weatherization Assistance Program which the State, to the extent permitted by the Secretary to increase consistency between federally assisted programs, will follow regarding the use of funds provided under this title by the State for such weatherization and energy-related home repairs and improvements;
(E)
describes any steps that will be taken (in addition to those necessary to carry out the assurance contained in paragraph (5) of subsection (b)) to target assistance to households with high home energy burdens;
(F)
describes how the State will carry out assurances in clauses (3), (4), (5), (6), (7), (8), (10), (12), (13), and (15) of subsection (b);
(G)
states, with respect to the 12-month period specified by the Secretary, the number and income levels of households which apply and the number which are assisted with funds provided under this title, and the number of households so assisted with—
(i)
one or more members who had attained 60 years of age;
(ii)
one or more members who were disabled; and
(iii)
one or more young children; and
(H)
contains any other information determined by the Secretary to be appropriate for purposes of this title.
The chief executive officer may revise any plan prepared under this paragraph and shall furnish the revised plan to the Secretary.
(2)
Each plan prepared under paragraph (1) and each substantial revision thereof shall be made available for public inspection within the State involved in such a manner as will facilitate timely and meaningful review of, and comment upon, such plan or substantial revision.
(3)
Not later than April 1 of each fiscal year the Secretary shall make available to the States a model State plan format that may be used, at the option of each State, to prepare the plan required under paragraph (1) for the next fiscal year.
(d)
The State shall expend funds in accordance with the State plan under this title or in accordance with revisions applicable to such plan.
(e)
Each State shall, in carrying out the requirements of subsection (b)(10), obtain financial and compliance audits of any funds which the State receives under this title. Such audits shall be made public within the State on a timely basis. The audits shall be conducted in accordance with chapter 75 of title 31, United States Code.
(f)
(1)
Notwithstanding any other provision of law unless enacted in express limitation of this paragraph, the amount of any home energy assistance payments or allowances provided directly to, or indirectly for the benefit of, an eligible household under this title shall not be considered income or resources of such household (or any member thereof) for any purpose under any Federal or State law, including any law relating to taxation, supplemental nutrition assistance program benefits, public assistance, or welfare programs.
(2)
For purposes of paragraph (1) of this subsection and for purposes of determining any excess shelter expense deduction under section 5(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e))—
(A)
the full amount of such payments or allowances shall be deemed to be expended by such household for heating or cooling expenses, without regard to whether such payments or allowances are provided directly to, or indirectly for the benefit of, such household, except that, for purposes of the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), such payments or allowances were greater than $20 annually, consistent with section 5(e)(6)(C)(iv)(I) of that Act (7 U.S.C. 2014(e)(6)(C)(iv)(I)), as determined by the Secretary of Agriculture; and
(B)
no distinction may be made among households on the basis of whether such payments or allowances are provided directly to, or indirectly for the benefit of, any of such households.
(g)
The State shall repay to the United States amounts found not to have been expended in accordance with this title or the Secretary may offset such amounts against any other amount to which the State is or may become entitled under this title.
(h)
The Comptroller General of the United States shall, from time to time evaluate the expenditures by States of grants under this title in order to assure that expenditures are consistent with the provisions of this title and to determine the effectiveness of the State in accomplishing the purposes of this title.
(i)
A household which is described in subsection (b)(2)(A) solely by reason of clause (ii) thereof shall not be treated as a household described in subsection (b)(2) if the eligibility of the household is dependent upon—
(1)
an individual whose annual supplemental security income benefit rate is reduced pursuant to section 1611(e)(1) of the Social Security Act by reason of being in an institution receiving payments under title XIX of the Social Security Act with respect to such individual;
(2)
an individual to whom the reduction specified in section 1612(a)(2)(A)(i) of the Social Security Act applies; or
(3)
a child described in section 1614(f)(2) of the Social Security Act who is living together with a parent, or the spouse of a parent, of the child.
(j)
In verifying income eligibility for purposes of subsection (b)(2)(B), the State may apply procedures and policies consistent with procedures and policies used by the State agency administering programs under part A of title IV of the Social Security Act, under title XX of the Social Security Act, under subtitle B of title VI of this Act (relating to community services block grant program), under any other provision of law which carries out programs which were administered under the Economic Opportunity Act of 1964 before the date of the enactment of this Act, or under other income assistance or service programs (as determined by the State).
(k)
(1)
Except as provided in paragraph (2), not more than 15 percent of the greater of—
(A)
the funds allotted to a State under this title for any fiscal year; or
(B)
the funds available to such State under this title for such fiscal year;
may be used by the State for low-cost residential weatherization or other energy-related home repair for low-income households, particularly those low-income households with the lowest incomes that pay a high proportion of household income for home energy.
(2)
(A)
If a State receives a waiver granted under subparagraph (B) for a fiscal year, the State may use not more than the greater of 25 percent of—
(i)
the funds allotted to a State under this title for such fiscal year; or
(ii)
the funds available to such State under this title for such fiscal year;
for residential weatherization or other energy-related home repair for low-income households, particularly those low-income households with the lowest incomes that pay a high proportion of household income for home energy.
(B)
For purposes of subparagraph (A), the Secretary may grant a waiver to a State for a fiscal year if the State submits a written request to the Secretary after March 31 of such fiscal year and if the Secretary determines, after reviewing such request and any public comments, that—
(i)
(I)
the number of households in the State that will receive benefits, other than weatherization and energy-related home repair, under this title in such fiscal year will not be fewer than the number of households in the State that received benefits, other than weatherization and energy-related home repair, under this title in the preceding fiscal year;
(II)
the aggregate amounts of benefits that will be received under this title by all households in the State in such fiscal year will not be less than the aggregate amount of such benefits that were received under this title by all households in the State in the preceding fiscal year; and
(III)
such weatherization activities have been demonstrated to produce measurable savings in energy expenditures by low-income households; or
(ii)
in accordance with rules issued by the Secretary, the State demonstrates good cause for failing to satisfy the requirements specified in clause (i).
(l)
(1)
Any State may use amounts provided under this title for the purpose of providing credits against State tax to energy suppliers who supply home energy at reduced rates to low-income households.
(2)
Any such credit provided by a State shall not exceed the amount of the loss of revenue to such supplier on account of such reduced rate.
(3)
Any certification for such tax credits shall be made by the State, but such State may use Federal data available to such State with respect to recipients of supplemental security income benefits if timely delivery of benefits to households described in subsection (b) and suppliers will not be impeded by the use of such data.
[42 U.S.C. 8624]

nondiscrimination provisions
Sec. 2606.
(a)
No person shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in section 504 of the Rehabilitation Act of 1973 also shall apply to any such program or activity.
(b)
Whenever the Secretary determines that a State that has received a payment under this title has failed to comply with subsection (a) or an applicable regulation, he shall notify the chief executive officer of the State and shall request him to secure compliance. If within a reasonable period of time, not to exceed 60 days, the chief executive officer fails or refuses to secure compliance, the Secretary is authorized to (1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (2) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, or section 504 of the Rehabilitation Act of 1973, as may be applicable; or (3) take such other action as may be provided by law.
(c)
When a matter is referred to the Attorney General pursuant to subsection (b), or whenever he has reason to believe that the State is engaged in a pattern or practice in violation of the provisions of this section, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief.
[42 U.S.C. 8625]

payments to states
Sec. 2607.
(a)
(1)
From its allotment under section 2604, the Secretary shall make payments to each State in accordance with section 203 of the Intergovernmental Cooperation Act of 1968, for use under this title.
(2)
Each State shall notify the Secretary, not later than 2 months prior to the close of a fiscal year, of the amount (if any) of its allotment for such year that will not be obligated in such year, and, if such State elects to submit a request described in subsection (b)(2), such State shall submit such request at the same time. The Secretary shall make no payment under paragraph (1) to a State for a fiscal year unless the State has complied with this paragraph with respect to the prior fiscal year.
(b)
(1)
If—
(A)
the Secretary determines that, as of September 1 of any fiscal year, an amount allotted to a State under section 2604 for any fiscal year will not be used by such State during such fiscal year;
(B)
the Secretary—
(i)
notifies the chief executive officer of such State; and
(ii)
publishes a timely notice in the Federal Register;
that, after the 30-day period beginning on the date of the notice to such chief executive officer, such amount may be reallotted; and
(C)
the State does not request, under paragraph (2), that such amount be held available for such State for the following fiscal year;
then such amount shall be treated by the Secretary for purposes of this title as an amount appropriated for the following fiscal year to be allotted under section 2604 for such following fiscal year.
(2)
(A)
Any State may request that an amount allotted to such State for a fiscal year be held available for such State for the following fiscal year. Such request shall include a statement of the reasons that the amount allotted to such State for a fiscal year will not be used by such State during such fiscal year and a description of the types of assistance to be provided with the amount held available for the following fiscal year. Any amount so held available for the following fiscal year shall not be taken into account in computing the allotment of or the amount payable to such State for such fiscal year under this title.
(B)
No amount may be held available under this paragraph for a State from a prior fiscal year to the extent such amount exceeds 10 percent of the amount payable to such State for such prior fiscal year. For purposes of the preceding sentence, the amount payable to a State for a fiscal year shall be determined without regard to any amount held available under this paragraph for such State for such fiscal year from the prior fiscal year.
(C)
The Secretary shall reallot amounts made available under this paragraph for the fiscal year following the fiscal year of the original allotment in accordance with paragraph (1) of this subsection.
(3)
During the 30-day period described in paragraph (1)(B), comments may be submitted to the Secretary. After considering such comments, the Secretary shall notify the chief executive officer of the State of any decision to reallot funds, and shall publish such decision in the Federal Register.
[42 U.S.C. 8626]

incentive program for leveraging non-federal resources
Sec. 2607A.
(a)
Beginning in fiscal year 1992, the Secretary may allocate amounts appropriated under section 2602(d) to provide supplementary funds to States that have acquired non-Federal leveraged resources for the program established under this title.
(b)
For purposes of this section, the term “leveraged resources” means the benefits made available to the low-income home energy assistance program of the State, or to federally qualified low-income households, that—
(1)
represent a net addition to the total energy resources available to State and federally qualified households in excess of the amount of such resources that could be acquired by such households through the purchase of energy at commonly available household rates; and
(2)
(A)
result from the acquisition or development by the State program of quantifiable benefits that are obtained from energy vendors through negotiation, regulation or competitive bid; or
(B)
are appropriated or mandated by the State for distribution—
(i)
through the State program; or
(ii)
under the plan referred to in section 2605(c)(1)(A) to federally qualified low-income households and such benefits are determined by the Secretary to be integrated with the State program.
(c)
(1)
Distribution of amounts made available under this section shall be based on a formula developed by the Secretary that is designed to take into account the success in leveraging existing appropriations in the preceding fiscal year as measured under subsection (d). Such formula shall take into account the size of the allocation of the State under this title and the ratio of leveraged resources to such allocation.
(2)
A State may expend funds allocated under this title as are necessary, not to exceed 0.08 percent of such allocation or $35,000 each fiscal year, whichever is greater, to identify, develop, and demonstrate leveraging programs. Funds allocated under this section shall only be used for increasing or maintaining benefits to households.
(d)
Each State shall quantify the dollar value of leveraged resources received or acquired by such State under this section by using the best available data to calculate such leveraged resources less the sum of any costs incurred by the State to leverage such resources and any cost imposed on the federally eligible low-income households in such State.
(e)
Not later than 2 months after the close of the fiscal year during which the State provided leveraged resources to eligible households, as described in subsection (b), each State shall prepare and submit, to the Secretary, a report that quantifies the leveraged resources of such State in order to qualify for assistance under this section for the following fiscal year.
(f)
The Secretary shall determine the share of each State of the amounts made available under this section based on the formula described in subsection (c) and the State reports. The Secretary shall promulgate regulations for the calculation of the leveraged resources of the State and for the submission of supporting documentation. The Secretary may request any documentation that the Secretary determines necessary for the verification of the application of the State for assistance under this section.
[42 U.S.C. 8626a]
SEC. 2607B.

RESIDENTIAL ENERGY ASSISTANCE CHALLENGE OPTION (R.E.A.CH.).
(a)

Purpose.—
The purpose of the Residential Energy Assistance Challenge (in this section referred to as “R.E.A.Ch.”) program is to—
(1)
minimize health and safety risks that result from high energy burdens on low-income Americans;
(2)
prevent homelessness as a result of inability to pay energy bills;
(3)
increase the efficiency of energy usage by low-income families; and
(4)
target energy assistance to individuals who are most in need.
(b)

Funding.—
(1)

Allocation.—
For each of the fiscal years 1996 through 1999, the Secretary may allocate not more than 25 percent of the amount made available pursuant to section 2602(d) for such fiscal year to a R.E.A.Ch. fund for the purpose of making incentive grants to States that submit qualifying plans that are approved by the Secretary as R.E.A.Ch. initiatives. States may use such grants for the costs of planning, implementing, and evaluating the initiative.
(2)

Reservation.—
The Secretary shall reserve from any funds allocated under this subsection, funds to make additional payments to State R.E.A.Ch. programs that—
(A)
have energy efficiency education services plans that meet quality standards established by the Secretary in consultation with the Secretary of Energy; and
(B)
have the potential for being replicable model designs for other programs.
States shall use such supplemental funds for the implementation and evaluation of the energy efficiency education services.
(c)

Criteria.—
(1)

In general.—
Not later than May 31, 1995, the Secretary shall establish criteria for approving State plans required by subsection (a), for energy efficiency education quality standards described in subsection (b)(2)(A), and for the distribution of funds to States with approved plans.
(2)

Documentation.—
Notwithstanding the limitations of section 2605(b) regarding the authority of the Secretary with respect to plans, the Secretary may require a State to provide appropriate documentation that its R.E.A.Ch. activities conform to the State plan as approved by the Secretary.
(d)

Focus.—
The State may designate all or part of the State, or all or part of the client population, as a focus of its R.E.A.Ch. initiative.
(e)

State Plans.—
(1)

In general.—
Each State plan shall include each of the elements described in paragraph (2), to be met by State and local agencies.
(2)

Elements of state plans.—
Each State plan shall include—
(A)
an assurance that such State will deliver services through community-based nonprofit entities in such State, by—
(i)
awarding grants to, or entering into contracts with, such entities for the purpose of providing such services and payments directly to individuals eligible for benefits; or
(ii)
if a State makes payments directly to eligible individuals or energy suppliers, making contracts with such entities to administer such programs, including—
(I)
determining eligibility;
(II)
providing outreach services; and
(III)
providing benefits other than payments;
(B)
an assurance that, in awarding grants or entering into contracts to carry out its R.E.A.Ch. initiative, the State will give priority to organizations that—
(i)
are described in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902(1)), except where significant geographic portions of the State are not served by such entities;
(ii)
the Secretary has determined have a record of successfully providing services under the Low-Income Home Energy Assistance Program; and
(iii)
receive weatherization assistance program funds under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6863 et seq.);
except that a State may not require any such entity to operate a R.E.A.Ch. program;
(C)
an assurance that, subject to subparagraph (D), each entity that receives a grant or enters into a contract under subparagraph (A)(i) will provide a variety of services and benefits, including—
(i)
payments to, or on behalf of, individuals eligible for residential energy assistance services and benefits under section 2605(b) for home energy costs;
(ii)
energy efficiency education;
(iii)
residential energy demand management services, including any other energy related residential repair and energy efficiency improvements in coordination with, or delivered by, Department of Energy weatherization assistance programs at the discretion of the State;
(iv)
family services, such as counseling and needs assessment, related to energy budget management, payment plans, and related services; and
(v)
negotiation with home energy suppliers on behalf of households eligible for R.E.A.Ch. services and benefits;
(D)
a description of the methodology the State and local agencies will use to determine—
(i)
which households will receive one or more forms of benefits under the State R.E.A.Ch. initiative;
(ii)
the cases in which nonmonetary benefits are likely to provide more cost-effective long-term outcomes than payment benefits alone; and
(iii)
the amount of such benefit required to meet the goals of the program;
(E)
a method for targeting nonmonetary benefits;
(F)
a description of the crisis and emergency assistance activities the State will undertake that are designed to—
(i)
discourage family energy crises;
(ii)
encourage responsible vendor and consumer behavior; and
(iii)
provide only financial incentives that encourage household payment;
(G)
a description of the activities the State will undertake to—
(i)
provide incentives for recipients of assistance to pay home energy costs; and
(ii)
provide incentives for vendors to help reduce the energy burdens of recipients of assistance;
(H)
an assurance that the State will require each entity that receives a grant or enters into a contract under this section to solicit and be responsive to the views of individuals who are financially eligible for benefits and services under this section in establishing its local program;
(I)
a description of performance goals for the State R.E.A.Ch. initiative including—
(i)
a reduction in the energy costs of participating households over one or more fiscal years;
(ii)
an increase in the regularity of home energy bill payments by eligible households; and
(iii)
an increase in energy vendor contributions towards reducing energy burdens of eligible households;
(J)
a description of the indicators that will be used by the State to measure whether the performance goals have been achieved;
(K)
a demonstration that the plan is consistent with section 2603, paragraphs (2), (3), (4), (5), (7), (9), (10), (11), (12), (13), and (14) of section 2605(b), subsections (d), (e), (f), (g), (h), (i), and (j) of section 2605, and section 2606 of this title;
(L)
an assurance that benefits and services will be provided in addition to other benefit payments and services provided under this title and in coordination with such benefit payments and services; and
(M)
an assurance that no regulated utility covered by the plan will be required to act in a manner that is inconsistent with applicable regulatory requirements.
(f)

Cost or Function.—
None of the costs of providing services or benefits under this section shall be considered to be an administrative cost or function for purposes of any limitation on administrative costs or functions contained in this title.
[42 U.S.C. 8626b]

withholding
Sec. 2608.
(a)
(1)
The Secretary shall, after adequate notice and an opportunity for a hearing conducted within the affected State, withhold funds from any State which does not utilize its allotment substantially in accordance with the provisions of this title and the assurances such State provided under section 2605.
(2)
The Secretary shall respond in writing in no more than 60 days to matters raised in complaints of a substantial or serious nature that a State has failed to use funds in accordance with the provisions of this title or the assurances provided by the State under section 2605. For purposes of this paragraph, a violation of any one of the assurances contained in section 2605(b) that constitutes a disregard of such assurance shall be considered a serious complaint.
(b)
(1)
The Secretary shall conduct in several States in each fiscal year investigations of the use of funds received by the States under this title in order to evaluate compliance with the provisions of this title.
(2)
Whenever the Secretary determines that there is a pattern of complaints from any State in any fiscal year, the Secretary shall conduct an investigation of the use of funds received under this title by such State in order to ensure compliance with the provisions of this title.
(3)
The Comptroller General of the United States may conduct an investigation of the use of funds received under this title by a State in order to ensure compliance with the provisions of this title.
(c)
Pursuant to an investigation conducted under subsection (b), a State shall make appropriate books, documents, papers, and records available to the Secretary or the Comptroller General of the United States, or any of their duly authorized representatives, for examination, copying, or mechanical reproduction on or off the premises of the appropriate entity upon a reasonable request therefor.
(d)
In conducting any investigation under subsection (b), the Secretary may not request any information not readily available to such State or require that any information be compiled, collected, or transmitted in any new form not already available.
[42 U.S.C. 8627]

limitation on use of grants for construction
Sec. 2609.
Grants made under this title may not be used by the State, or by any other person with which the State makes arrangements to carry out the purposes of this title, for the purchase or improvement of land, or the purchase, construction, or permanent improvement (other than low-cost residential weatherization or other energy-related home repairs) of any building or other facility.
[42 U.S.C. 8628]

technical assistance, training, and compliance reviews
Sec. 2609A.
(a)
Of the amounts appropriated under section 2602(b) for any fiscal year, not more than $300,000 of such amounts may be reserved by the Secretary—
(1)
to—
(A)
make grants to State and public agencies and private nonprofit organizations; or
(B)
enter into contracts or jointly financed cooperative arrangements or interagency agreements with States and public agencies (including Federal agencies) and private nonprofit organizations;
to provide for training and technical assistance related to the purposes of this subtitle, including collection and dissemination of information about programs and projects assisted under this subtitle, and ongoing matters of regional or national significance that the Secretary finds would assist in the more effective provision of services under this title; or
(2)
to conduct onsite compliance reviews of programs supported under this title.
(b)
No provision of this section shall be construed to prevent the Secretary from making a grant pursuant to subsection (a) to one or more private nonprofit organizations that apply jointly with a business concern to receive such grant.
[42 U.S.C. 8628a]

studies
Sec. 2610.
(a)
The Secretary, after consultation with the Secretary of Energy, shall provide for the collection of data, including—
(1)
information concerning home energy consumption;
(2)
the amount, cost and type of fuels used for households eligible for assistance under this title;
(3)
the type of fuel used by various income groups;
(4)
the number and income levels of households assisted by this title;
(5)
the number of households which received such assistance and include one or more individuals who are 60 years or older or disabled or include young children; and
(6)
any other information which the Secretary determines to be reasonably necessary to carry out the provisions of this title.
Nothing in this subsection may be construed to require the Secretary to collect data which has been collected and made available to the Secretary by any other agency of the Federal Government.
(b)
The Secretary shall, no later than June 30 of each fiscal year, submit a report to the Congress containing a detailed compilation of the data under subsection (a) with respect to the prior fiscal year, and a report that describes for the prior fiscal year—
(1)
the manner in which States carry out the requirements of clauses (2), (5), (8), and (15) of section 2605(b); and
(2)
the impact of each State's program on recipient and eligible households.
[42 U.S.C. 8629]

repealer
Sec. 2611.
Effective October 1, 1981, the Home Energy Assistance Act of 1980 is repealed.
[42 U.S.C. 8601 note]

RENEWABLE FUELS
Sec. 2612.
In providing assistance pursuant to this title, a State, or any other person with which the State makes arrangements to carry out the purposes of this title, may purchase renewable fuels, including biomass.
[42 U.S.C. 8630]
* * * * * * *