[Congressional Record Volume 151, Number 69 (Monday, May 23, 2005)]
[Senate]
[Pages S5780-S5804]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CORZINE (for himself and Mr. Lautenberg):
S. 1096. A bill to amend the Wild and Scenic Rivers Act to designate
portions of the Musconetcong River in the State of New Jersey as a
component of the National Wild and Scenic Rivers System, and for other
purposes; to the Committee on Energy and Natural Resources.
Mr. CORZINE. Mr. President, today, along with Senator Lautenberg, I
am introducing legislation, the Musconetcong Wild and Scenic Rivers
Act, to designate portions of the Musconetcong River in New Jersey as a
component of the National Wild and Scenic Rivers System. I am proud to
be joining my New Jersey colleague, Representative Scott Garrett, who
has introduced this legislation in the House of Representatives, with
the support of Congressmen Robert Andrews, Michael Ferguson, Rodney
Frelinghuysen, Robert Menendez, Frank Pallone, Donald Payne and James
Saxton.
This is important legislation to help preserve and protect one of the
most valuable natural resources in the State of New Jersey. The
Musconetcong River is a 43 mile river that runs westward from Lake
Musconetcong to the Delaware River. It provides many ecological,
recreational and scenic benefits to the northwestern portion of our
State. In addition, it is also home to a number of archeological sites
and other historic areas, including one site in Warren County where
scientists have discovered stone knives and other weapons dating back
at least ten thousand years. Finally, it feeds acquifers that provide
many residents in Hunterdon and Warren counties with quality drinking
water.
Unfortunately, the beauty and value that the Musconetcong provides is
at risk. The river faces pressures, for example, from the development
that is occurring on or near its shores. This has caused water quality
to deteriorate from increased levels of bacteria, silt and runoff from
roadways. Further, many of the municipalities that lie along the river
lack the financial resources to adequately protect the river for future
generations.
The Musconetcong Wild and Scenic Rivers Act would help state, county
and local officials begin to address these concerns, working alongside
environmental and public interest groups. By including this river in
the Wild and Scenic River System, it would allow New Jersey to
implement a management plan for the river that has the support of three
counties and 13 municipalities. In addition it would make the river
eligible for financial, planning, and technical assistance to help
preserve and protect it. The goal is to encourage uses and development
that is compatible with the river.
The Wild and Scenic River System already includes the Maurice and
Great Egg Harbor Rivers in New Jersey as well as the lower and middle
portions of the Delaware River
I will work hard in the 109th Congress to see that the Musconetcong
is added to this list. I hope my colleagues will support this
legislation, and I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1096
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Musconetcong Wild and Scenic
Rivers Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Secretary of the Interior, in cooperation and
consultation with appropriate Federal, State, regional, and
local agencies, is conducting a study of the eligibility and
suitability of the Musconetcong River in the State of New
Jersey for inclusion in the Wild and Scenic Rivers System;
(2) the Musconetcong Wild and Scenic River Study Task
Force, with assistance from the National Park Service, has
prepared a river management plan for the study area entitled
``Musconetcong River Management Plan'' and dated April 2002
that establishes goals and actions to ensure long-term
protection of the outstanding values of the river and
compatible management of land and water resources associated
with the Musconetcong River; and
(3) 13 municipalities and 3 counties along segments of the
Musconetcong River that are eligible for designation have
passed resolutions in which the municipalities and counties--
(A) express support for the Musconetcong River Management
Plan;
(B) agree to take action to implement the goals of the
management plan; and
(C) endorse designation of the Musconetcong River as a
component of the Wild and Scenic Rivers System.
SEC. 3. DEFINITIONS.
In this Act:
(1) Additional river segment.--The term ``additional river
segment'' means the approximately 4.3-mile Musconetcong River
segment designated as ``C'' in the management plan, from
Hughesville Mill to the Delaware River Confluence.
(2) Management plan.--The term ``management plan'' means
the river management plan prepared by the Musconetcong River
Management Committee, the National Park Service, the Heritage
Conservancy, and the Musconetcong Watershed Association
entitled ``Musconetcong River Management Plan'' and dated
April 2002 that establishes goals and actions to--
(A) ensure long-term protection of the outstanding values
of the river segments; and
(B) compatible management of land and water resources
associated with the river segments.
(3) River segment.--The term ``river segment'' means any
segment of the Musconetcong River, New Jersey, designated as
a scenic river or recreational river by section 3(a)(167) of
the Wild and Scenic Rivers Act (as added by section 4).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. DESIGNATION OF PORTIONS OF MUSCONETCONG RIVER, NEW
JERSEY, AS SCENIC AND RECREATIONAL RIVERS.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following:
``(167) Musconetcong river, new jersey.--
``(A) Designation.--The 24.2 miles of river segments in New
Jersey, consisting of--
``(i) the approximately 3.5-mile segment from Saxton Falls
to the Route 46 bridge, to be administered by the Secretary
of the Interior as a scenic river; and
``(ii) the approximately 20.7-mile segment from the Kings
Highway bridge to the railroad tunnels at Musconetcong Gorge,
to be administered by the Secretary of the Interior as a
recreational river.
``(B) Administration.--Notwithstanding section 10(c), the
river segments designated under subparagraph (A) shall not be
administered as part of the National Park System.''.
SEC. 5. MANAGEMENT.
(a) Management Plan.--
(1) In general.--The Secretary shall manage the river
segments in accordance with the management plan.
(2) Satisfaction of requirements for plan.--The management
plan shall be considered to satisfy the requirements for a
comprehensive management plan for the river segments under
section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(d)).
[[Page S5781]]
(3) Restrictions on water resource projects.--For purposes
of determining whether a proposed water resources project
would have a direct and adverse effect on the values for
which a river segment is designated as part of the Wild and
Scenic Rivers System under section 7(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1278(a)), the Secretary shall
consider the extent to which the proposed water resources
project is consistent with the management plan.
(4) Implementation.--The Secretary may provide technical
assistance, staff support, and funding to assist in the
implementation of the management plan.
(b) Cooperation.--
(1) In general.--The Secretary shall manage the river
segments in cooperation with appropriate Federal, State,
regional, and local agencies, including--
(A) the Musconetcong River Management Committee;
(B) the Musconetcong Watershed Association;
(C) the Heritage Conservancy;
(D) the National Park Service; and
(E) the New Jersey Department of Environmental Protection.
(2) Cooperative agreements.--Any cooperative agreement
entered into under section 10(e) of the Wild and Scenic
Rivers Act (16 U.S.C. 1281(e)) relating to a river segment--
(A) shall be consistent with the management plan; and
(B) may include provisions for financial or other
assistance from the United States to facilitate the long-term
protection, conservation, and enhancement of the river
segment.
(c) Land Management.--
(1) In general.--The Secretary may provide planning,
financial, and technical assistance to local municipalities
and nonprofit organizations to assist in the implementation
of actions to protect the natural and historic resources of
the river segments.
(2) Plan requirements.--After adoption of recommendations
made in section IV of the management plan, the zoning
ordinances of the municipalities bordering the segments shall
be considered to satisfy the standards and requirements under
section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1277(c)).
(d) Designation of Additional River Segment.--
(1) Finding.--Congress finds that the additional river
segment is suitable for designation as a recreational river
if the Secretary determines that there is adequate local
support for the designation of the additional river segment
in accordance with paragraph (3).
(2) Designation and administration.--If the Secretary
determines that there is adequate local support for
designating the additional river segment as a recreational
river--
(A) the Secretary shall publish in the Federal Register
notice of the designation of the segment;
(B) the segment shall be designated as a recreational river
in accordance with the Wild and Scenic Rivers Act (16 U.S.C.
1271 et seq.); and
(C) the Secretary shall administer the additional river
segment as a recreational river.
(3) Criteria for local support.--In determining whether
there is adequate local support for the designation of the
additional river segment, the Secretary shall consider the
preferences of local governments expressed in resolutions
concerning designation of the additional river segment.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this Act and the amendments made by this Act.
______
By Mr. DODD (for himself and Mr. Lieberman):
S. 1097. A bill to amend title 4 of the United States Code to
prohibit the double taxation of telecommuters and others who work from
home; to the Committee on Finance.
Mr. DODD. Mr. President. I am pleased to rise today, together with my
colleague Senator Lieberman, to introduce The Telecommuter Tax Fairness
Act of 2005.
The Telecommuter Tax Fairness Act of 2005 will put an end to legal
doctrine that unfairly penalizes thousands of workers in Connecticut
and in other States throughout the country whose only offense is that
they sometimes work from home or from a local office of their employer.
Technology has changed the way business is conducted in America. With
the use of cell phones, lap-top computers, email, the Internet, mobile
networking, and many other telecommunication advancements of the 21st
century, Americans have a greater flexibility in where they can work,
without compromising productivity. Many citizens now choose to work
from home or alternative offices when their physical presence is not
necessary at their primary place of work.
Telecommuting provides enormous benefits for businesses, families,
and communities. It helps businesses lower costs and raise worker
productivity. It reduces congestion on our roads and rails, and in so
doing it lowers pollution. It helps workers better manage the demands
of work and family. And last but not least, it can mean lower income
taxes for working men and women.
Yet, the many benefits to workers of telecommuting are today placed
in jeopardy because of current law in New York and a few other States.
Today, New York State requires that workers pay income tax on income
even if it is not earned in the State through their ``convenience of
the employer'' rule. While there are several States that have the
``convenience of the employer'' rule, no other State applies it with
the same rigor as New York.
New York's ``convenience of the employer'' rule requires that by
working for a New York employer, all income earned from that employer
must be declared in New York so long as the worker ``could'' perform
his or her duties in New York. A worker for a New York employer who
works part-time from home in Connecticut or another State is still
subject to taxation by New York on 100 percent of his or her income. At
the same time, the work done by that worker in a State outside New York
is subject to taxation by that State.
This unfairly subjects many workers who telecommute from their homes
or from satellite offices outside of New York to a double tax on that
part of the income earned from home. According to Connecticut's
Attorney General, thousands of Connecticut residents alone are affected
by this unfair double taxation.
However, it isn't only Connecticut residents that are affected.
Thomas Huckaby is a Tennessee-based computer programmer that
telecommuted for a firm in Queens, NY. In 1994 and 1995, Mr. Huckaby
spent 75 percent of his time working in Tennessee and the remaining 25
percent working in the Queens office and attempted to apportion his
income accordingly. New York, however, sought to tax 100 percent of his
income and was successful due to it's ``convenience of employer'' rule.
On March 29, 2005 the New York Court of Appeals upheld New York's rule
in a 4 to 3 decision. Currently, Mr. Huckaby is in the process of
petitioning the Supreme Court.
A similar story involves Arthur Gray, a New Hampshire resident who
worked for the New York Company Cowen & Co. as an investment counselor
from 1976 through 1996, and paid New York State income taxes during
that time. In 1997, Arthur Gray, per his employer's request, opened and
managed an office from his home in New Hampshire. Several times during
the year, Mr. Gray worked in New York, but most of his days were spent
in New Hampshire. When paying his taxes during this time, he paid New
York State income taxes for the days he was in New York, but not for
the days he worked in New Hampshire. New York, however, sought to tax
100 percent of his income and was successful due to this ``convenience
of the employer'' rule.
These are only two examples of the far-reaching consequences of this
``convenience of employer'' rule. There are thousands of individuals
across the country who are adversely impacted by this rule. Most,
however, but most lack the time, money, or energy to take their case to
court.
This potential for double taxation is not only unfair, it also
discourages workers from telecommuting when we should be doing the
opposite.
Legislation is needed to protect these honest workers who deserve
fair and equitable treatment under the law. The Telecommuter Tax
Fairness Act of 2005 accomplishes this by specifically preventing a
State from engaging in the current fiction of deeming a nonresident to
be in the taxing State when the nonresident is actually working in
another State. In doing so, it will eliminate the possibility that
citizens will be double-taxed when telecommuting.
Establishing a ``physical presence'' test--as this legislation would
do--is the most logical basis for determining tax status. If a worker
is in a State, and taking advantage of that State's infrastructure, the
worker should pay taxes in that State.
Some suggest that the double-taxation quandary can easily be fixed by
having other States provide a tax credit to those telecommuters.
However, why should Connecticut, or any other
[[Page S5782]]
State, be required to allow a credit on income actually earned in the
State? If a worker is working in Connecticut, he or she is benefiting
from a range of Services paid for and maintained by Connecticut
including roads, water, police, fire protection, and communications
services. It's only fair that Connecticut ask that worker to help
support the services that he or she uses.
This is not just an issue which deals with a small group of citizens
from one small State. Rather, this is an issue which affects workers
throughout the country. It will only grow more pressing as people and
businesses continue to seek to take advantage of new technologies that
affect the way we live and work.
I hope our colleagues will favorably consider this legislation.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1097
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telecommuter Tax Fairness
Act of 2005''.
SEC. 2. PROHIBITION ON DOUBLE TAXATION OF TELECOMMUTERS.
(a) In General.--Chapter 4 of title 4, United States Code,
is amended by adding at the end the following new section:
``Sec. 127. Prohibition on double taxation of telecommuters
and others who work at home
``(a) Physical Presence Required.--
``(1) In general.--In applying its income tax laws to the
salary of a nonresident individual, a State may only deem
such nonresident individual to be present in or working in
such State for any period of time if such nonresident
individual is physically present in such State for such
period and such State may not impose nonresident income taxes
on such salary with respect to any period of time when such
nonresident individual is physically present in another
State.
``(2) Determination of physical presence.--For purposes of
determining physical presence, no State may deem a
nonresident individual to be present in or working in such
State on the grounds that such nonresident individual is
present at or working at home for the nonresident
individual's convenience.
``(b) Definitions.--As used in this section--
``(1) State.--The term `State' includes any political
subdivision of a State, the District of Columbia, and the
possessions of the United States.
``(2) Income tax.--The term `income tax' has the meaning
given such term by section 110(c).
``(3) Income tax laws.--The term `income tax laws' includes
any statutes, regulations, administrative practices,
administrative interpretations, and judicial decisions.
``(4) Nonresident individual.--The term `nonresident
individual' means an individual who is not a resident of the
State applying its income tax laws to such individual.
``(5) Salary.--The term `salary' means the compensation,
wages, or other remuneration earned by an individual for
personal services performed as an employee or as an
independent contractor.
``(c) No Inference.--Nothing in this section shall be
construed as bearing on--
``(1) any tax laws other than income tax laws,
``(2) the taxation of corporations, partnerships, trusts,
estates, limited liability companies, or other entities,
organizations, or persons other than nonresident individuals
in their capacities as employees or independent contractors,
``(3) the taxation of individuals in their capacities as
shareholders, partners, trust and estate beneficiaries,
members or managers of limited liability companies, or in any
similar capacities, and
``(4) the income taxation of dividends, interest,
annuities, rents, royalties, or other forms of unearned
income.''.
(b) Clerical Amendment.--The table of sections of such
chapter 4 is amended by adding at the end the following new
item:
``127. Prohibition on double taxation of telecommuters and others who
work at home.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act.
______
By Mr. SHELBY:
S. 1099. A bill to repeal the current Internal Revenue Code and
replace it with a flat tax, thereby guaranteeing economic growth and
greater fairness for all Americans; to the Committee on Finance.
Mr. SHELBY. Mr. President, I rise today to once again introduce my
flat tax bill, S. 1099 the ``Tax Simplification Act of 2005.'' The
President has made fundamental tax reform a top priority for his second
term. I believe my bill offers that fundamental tax reform and will
drastically improve our Nation's economy and the way Americans go about
the business of paying taxes. This bill would repeal the current
Internal Revenue Code and create a single rate for all taxpayers--
seventeen percent when the tax is fully implemented--and gives tax-free
treatment to all savings and investment, not just dividends.
A major reason why I support a flat tax is because it wil1 place more
money into the hands of hardworking Americans. It will allow
individuals--not the government--to decide how to best spend their
money. Lowering taxes allows Americans to keep more of their money to
keep up with monthly expenses like, insurance coverage, educational
costs, and prescription drugs. Lowering taxes also makes it easier for
Americans to save for their retirement through private savings plans.
Although I strongly believe in the importance of private savings, my
bill leaves the Social Security system intact and, in fact, provides
seniors with more money by repealing the current tax on Social Security
benefits.
I have said many times before that our current progressive tax system
is unfair. It punishes success and stymies economic growth. The only
way we can remedy this is to adopt a single tax rate for all taxpayers.
Transitioning to a flat tax will not only increase the fairness of the
tax code, but it will also increase the incentives to work and thus
boost economic growth.
Today our tax code and its regulations total more than 60,000 pages
which are complex, confusing and costly to comply with. Were a flat tax
in place now, taxpayers would file a return the size of a postcard, and
every American would be taxed equally and at the same rate. Rather than
spending hours poring over convoluted IRS forms, or resorting to
professional tax assistance, the flat tax allows taxpayers to determine
their taxes quickly and easily. Everyone will fill out the same simple
return, everyone will be taxed at the same rate, and everyone will pay
their fare share. Paying taxes may never be a pleasant experience, but
at least under a flat tax it wouldn't be mind-boggling.
I fully realize that the bill I am introducing today is a monumental
shift from the current tax code, but the time is ripe for fundamental
tax reform. We must not allow the enormity of the task to deter us from
enacting better, more efficient tax laws. I therefore urge my
colleagues to join me in support of this legislation.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1099
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Tax
Simplification Act of 2005''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
TITLE I--TAX REDUCTION AND SIMPLIFICATION
Sec. 101. Individual income tax.
Sec. 102. Tax on business activities.
Sec. 103. Simplification of rules relating to qualified retirement
plans.
Sec. 104. Repeal of alternative minimum tax.
Sec. 105. Repeal of credits.
Sec. 106. Repeal of estate and gift taxes and obsolete income tax
provisions.
Sec. 107. Effective date.
TITLE II--SUPERMAJORITY REQUIRED FOR TAX CHANGES
Sec. 201. Supermajority required.
TITLE I--TAX REDUCTION AND SIMPLIFICATION
SEC. 101. INDIVIDUAL INCOME TAX.
(a) In General.--Section 1 of the Internal Revenue Code of
1986 is amended to read as follows:
``SECTION 1. TAX IMPOSED.
``There is hereby imposed on the taxable income of every
individual a tax equal to 19 percent (17 percent in the case
of taxable years beginning after December 31, 2007) of the
taxable income of such individual for such taxable year.''.
(b) Taxable Income.--Section 63 of such Code is amended to
read as follows:
``SEC. 63. TAXABLE INCOME.
``(a) In General.--For purposes of this subtitle, the term
`taxable income' means the excess of--
``(1) the sum of--
``(A) wages (as defined in section 3121(a) without regard
to paragraph (1) thereof) which are paid in cash and which
are received during the taxable year for services performed
in the United States,
[[Page S5783]]
``(B) retirement distributions which are includible in
gross income for such taxable year, plus
``(C) amounts received under any law of the United States
or of any State which is in the nature of unemployment
compensation, over
``(2) the standard deduction.
``(b) Standard Deduction.--
``(1) In general.--For purposes of this subtitle, the term
`standard deduction' means the sum of--
``(A) the basic standard deduction, plus
``(B) the additional standard deduction.
``(2) Basic standard deduction.--For purposes of paragraph
(1), the basic standard deduction is--
``(A) $25,580 in the case of--
``(i) a joint return, or
``(ii) a surviving spouse (as defined in section 2(a)),
``(B) $16,330 in the case of a head of household (as
defined in section 2(b)), and
``(C) $12,790 in the case of an individual--
``(i) who is not married and who is not a surviving spouse
or head of household, or
``(ii) who is a married individual filing a separate
return.
``(3) Additional standard deduction.--For purposes of
paragraph (1), the additional standard deduction is $5,510
for each dependent (as defined in section 152) who is
described in section 151(c) for the taxable year and who is
not required to file a return for such taxable year.
``(c) Retirement Distributions.--For purposes of subsection
(a), the term `retirement distribution' means any
distribution from--
``(1) a plan described in section 401(a) which includes a
trust exempt from tax under section 501(a),
``(2) an annuity plan described in section 403(a),
``(3) an annuity contract described in section 403(b),
``(4) an individual retirement account described in section
408(a),
``(5) an individual retirement annuity described in section
408(b),
``(6) an eligible deferred compensation plan (as defined in
section 457),
``(7) a governmental plan (as defined in section 414(d)),
or
``(8) a trust described in section 501(c)(18).
Such term includes any plan, contract, account, annuity, or
trust which, at any time, has been determined by the
Secretary to be such a plan, contract, account, annuity, or
trust.
``(d) Income of Certain Children.--For purposes of this
subtitle--
``(1) an individual's taxable income shall include the
taxable income of each dependent child of such individual who
has not attained age 14 as of the close of such taxable year,
and
``(2) such dependent child shall have no liability for tax
imposed by section 1 with respect to such income and shall
not be required to file a return for such taxable year.
``(e) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 2006, each dollar amount
contained in subsection (b) shall be increased by an amount
determined by the Secretary to be equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment for such calendar year.
``(2) Cost-of-living adjustment.--For purposes of paragraph
(1), the cost-of-living adjustment for any calendar year is
the percentage (if any) by which--
``(A) the CPI for the preceding calendar year, exceeds
``(B) the CPI for the calendar year 2005.
``(3) CPI for any calendar year.--For purposes of paragraph
(2), the CPI for any calendar year is the average of the
Consumer Price Index as of the close of the 12-month period
ending on August 31 of such calendar year.
``(4) Consumer price index.--For purposes of paragraph (3),
the term `Consumer Price Index' means the last Consumer Price
Index for all-urban consumers published by the Department of
Labor. For purposes of the preceding sentence, the revision
of the Consumer Price Index which is most consistent with the
Consumer Price Index for calendar year 1986 shall be used.
``(5) Rounding.--If any increase determined under paragraph
(1) is not a multiple of $10, such increase shall be rounded
to the next highest multiple of $10.
``(f) Marital Status.--For purposes of this section,
marital status shall be determined under section 7703.''.
SEC. 102. TAX ON BUSINESS ACTIVITIES.
(a) In General.--Section 11 of the Internal Revenue Code of
1986 (relating to tax imposed on corporations) is amended to
read as follows:
``SEC. 11. TAX IMPOSED ON BUSINESS ACTIVITIES.
``(a) Tax Imposed.--There is hereby imposed on every person
engaged in a business activity a tax equal to 19 percent (17
percent in the case of taxable years beginning after December
31, 2007) of the business taxable income of such person.
``(b) Liability for Tax.--The tax imposed by this section
shall be paid by the person engaged in the business activity,
whether such person is an individual, partnership,
corporation, or otherwise.
``(c) Business Taxable Income.--For purposes of this
section--
``(1) In general.--The term `business taxable income' means
gross active income reduced by the deductions specified in
subsection (d).
``(2) Gross active income.--
``(A) In general.--For purposes of paragraph (1), the term
`gross active income' means gross receipts from--
``(i) the sale or exchange of property or services in the
United States by any person in connection with a business
activity, and
``(ii) the export of property or services from the United
States in connection with a business activity.
``(B) Exchanges.--For purposes of this section, the amount
treated as gross receipts from the exchange of property or
services is the fair market value of the property or services
received, plus any money received.
``(C) Coordination with special rules for financial
services, etc.--Except as provided in subsection (e)--
``(i) the term `property' does not include money or any
financial instrument, and
``(ii) the term `services' does not include financial
services.
``(3) Exemption from tax for activities of governmental
entities and tax-exempt organizations.--For purposes of this
section, the term `business activity' does not include any
activity of a governmental entity or of any other
organization which is exempt from tax under this chapter.
``(d) Deductions.--
``(1) In general.--The deductions specified in this
subsection are--
``(A) the cost of business inputs for the business
activity,
``(B) wages (as defined in section 3121(a) without regard
to paragraph (1) thereof) which are paid in cash for services
performed in the United States as an employee, and
``(C) retirement contributions to or under any plan or
arrangement which makes retirement distributions (as defined
in section 63(c)) for the benefit of such employees to the
extent such contributions are allowed as a deduction under
section 404.
``(2) Business inputs.--
``(A) In general.--For purposes of paragraph (1), the term
`cost of business inputs' means--
``(i) the amount paid for property sold or used in
connection with a business activity,
``(ii) the amount paid for services (other than for the
services of employees, including fringe benefits paid by
reason of such services) in connection with a business
activity, and
``(iii) any excise tax, sales tax, customs duty, or other
separately stated levy imposed by a Federal, State, or local
government on the purchase of property or services which are
for use in connection with a business activity.
Such term shall not include any tax imposed by chapter 2 or
21.
``(B) Exceptions.--Such term shall not include--
``(i) items described in subparagraphs (B) and (C) of
paragraph (1), and
``(ii) items for personal use not in connection with any
business activity.
``(C) Exchanges.--For purposes of this section, the amount
treated as paid in connection with the exchange of property
or services is the fair market value of the property or
services exchanged, plus any money paid.
``(e) Special Rules for Financial Inter-mediation Service
Activities.--In the case of the business activity of
providing financial intermediation services, the taxable
income from such activity shall be equal to the value of the
intermediation services provided in such activity.
``(f) Exception for Services Performed as Employee.--For
purposes of this section, the term `business activity' does
not include the performance of services by an employee for
the employee's employer.
``(g) Carryover of Credit-Equivalent of Excess
Deductions.--
``(1) In general.--If the aggregate deductions for any
taxable year exceed the gross active income for such taxable
year, the credit-equivalent of such excess shall be allowed
as a credit against the tax imposed by this section for the
following taxable year.
``(2) Credit-equivalent of excess deductions.--For purposes
of paragraph (1), the credit-equivalent of the excess
described in paragraph (1) for any taxable year is an amount
equal to--
``(A) the sum of--
``(i) such excess, plus
``(ii) the product of such excess and the 3-month Treasury
rate for the last month of such taxable year, multiplied by
``(B) the rate of the tax imposed by subsection (a) for
such taxable year.
``(3) Carryover of unused credit.--If the credit allowable
for any taxable year by reason of this subsection exceeds the
tax imposed by this section for such year, then (in lieu of
treating such excess as an overpayment) the sum of--
``(A) such excess, plus
``(B) the product of such excess and the 3-month Treasury
rate for the last month of such taxable year, shall be
allowed as a credit against the tax imposed by this section
for the following taxable year.
``(4) 3-month treasury rate.--For purposes of this
subsection, the 3-month Treasury rate is the rate determined
by the Secretary based on the average market yield (during
any 1-month period selected by the Secretary and ending in
the calendar month in which the determination is made) on
outstanding marketable obligations of the United States with
remaining periods to maturity of 3 months or less.''.
(b) Tax on Tax-Exempt Entities Providing Noncash
Compensation to Employees.--Section 4977 of such Code is
amended to read as follows:
[[Page S5784]]
``SEC. 4977. TAX ON NONCASH COMPENSATION PROVIDED TO
EMPLOYEES NOT ENGAGED IN BUSINESS ACTIVITY.
``(a) Imposition of Tax.--There is hereby imposed a tax
equal to 19 percent (17 percent in the case of calendar years
beginning after December 31, 2007) of the value of excludable
compensation provided during the calendar year by an employer
for the benefit of employees to whom this section applies.
``(b) Liability for Tax.--The tax imposed by this section
shall be paid by the employer.
``(c) Excludable Compensation.--For purposes of subsection
(a), the term `excludable compensation' means any
remuneration for services performed as an employee other
than--
``(1) wages (as defined in section 3121(a) without regard
to paragraph (1) thereof) which are paid in cash,
``(2) remuneration for services performed outside the
United States, and
``(3) retirement contributions to or under any plan or
arrangement which makes retirement distributions (as defined
in section 63(c)).
``(d) Employees to Whom Section Applies.--This section
shall apply to an employee who is employed in any activity
by--
``(1) any organization which is exempt from taxation under
this chapter, or
``(2) any agency or instrumentality of the United States,
any State or political subdivision of a State, or the
District of Columbia.''.
SEC. 103. SIMPLIFICATION OF RULES RELATING TO QUALIFIED
RETIREMENT PLANS.
(a) In General.--The following provisions of the Internal
Revenue Code of 1986 are hereby repealed:
(1) Nondiscrimination rules.--
(A) Paragraphs (4) and (5) of section 401(a) (relating to
nondiscrimination requirements).
(B) Sections 401(a)(10)(B) and 416 (relating to top heavy
plans).
(C) Section 401(a)(17) (relating to compensation limit).
(D) Sections 401(a)(26) and 410(b) (relating to minimum
participation and coverage requirements).
(E) Paragraphs (3), (8), (11), and (12) of sections 401(k),
and section 4979, (relating to actual deferral percentage).
(F) Section 401(l) (relating to permitted disparity in plan
contributions or benefits).
(G) Section 401(m) (relating to nondiscrimination test for
matching contributions and employee contributions).
(H) Paragraphs (1)(D) and (12) of section 403(b) (relating
to nondiscrimination requirements).
(I) Paragraph (3) of section 408(k) and paragraph (6)
(other than subparagraph (A)(i)) of such section (relating to
simplified employee pensions).
(2) Contribution limits.--
(A) Sections 401(a)(16), 403(b) (2) and (3), and 415
(relating to limitations on benefits and contributions under
qualified plans).
(B) Sections 401(a)(30) and 402(g) (relating to limitation
on exclusion for elective deferrals).
(C) Paragraphs (3) and (7) of section 404(a) (relating to
percentage of compensation limits).
(D) Section 404(l) (relating to limit on includible
compensation).
(3) Restrictions on distributions.--
(A) Section 72(t) (relating to 10-percent additional tax on
early distributions from qualified retirement plans).
(B) Sections 401(a)(9), 403(b)(10), and 4974 (relating to
minimum distribution rules).
(C) Section 402(e)(4) (relating to net unrealized
appreciation).
(4) Special requirements for plan benefiting self-employed
individuals.--Subsections (a)(10)(A) and (d) of section 401.
(5) Prohibition of tax-exempt organizations and governments
from having qualified cash or deferred arrangements.--Section
401(k)(4)(B).
(b) Employer Reversions of Excess Pension Assets Permitted
Subject Only to Income Inclusion.--
(1) Repeal of tax on employer reversions.--Section 4980 of
such Code is hereby repealed.
(2) Employer reversions permitted without plan
termination.--Section 420 of such Code is amended to read as
follows:
``SEC. 420. TRANSFERS OF EXCESS PENSION ASSETS.
``(a) In General.--If there is a qualified transfer of any
excess pension assets of a defined benefit plan (other than a
multiemployer plan) to an employer--
``(1) a trust which is part of such plan shall not be
treated as failing to meet the requirements of section 401(a)
or any other provision of law solely by reason of such
transfer (or any other action authorized under this section),
and
``(2) such transfer shall not be treated as a prohibited
transaction for purposes of section 4975.
The gross income of the employer shall include the amount of
any qualified transfer made during the taxable year.
``(b) Qualified Transfer.--For purposes of this section--
``(1) In general.--The term `qualified transfer' means a
transfer--
``(A) of excess pension assets of a defined benefit plan to
the employer, and
``(B) with respect to which the vesting requirements of
subsection (c) are met in connection with the plan.
``(2) Only 1 transfer per year.--No more than 1 transfer
with respect to any plan during a taxable year may be treated
as a qualified transfer for purposes of this section.
``(c) Vesting Requirements of Plans Transferring Assets.--
The vesting requirements of this subsection are met if the
plan provides that the accrued pension benefits of any
participant or beneficiary under the plan become
nonforfeitable in the same manner which would be required if
the plan had terminated immediately before the qualified
transfer (or in the case of a participant who separated
during the 1-year period ending on the date of the transfer,
immediately before such separation).
``(d) Definition and Special Rule.--For purposes of this
section--
``(1) Excess pension assets.--The term `excess pension
assets' means the excess (if any) of--
``(A) the amount determined under section 412(c)(7)(A)(ii),
over
``(B) the greater of--
``(i) the amount determined under section 412(c)(7)(A)(i),
or
``(ii) 125 percent of current liability (as defined in
section 412(c)(7)(B)).
The determination under this paragraph shall be made as of
the most recent valuation date of the plan preceding the
qualified transfer.
``(2) Coordination with section 412.--In the case of a
qualified transfer--
``(A) any assets transferred in a plan year on or before
the valuation date for such year (and any income allocable
thereto) shall, for purposes of section 412, be treated as
assets in the plan as of the valuation date for such year,
and
``(B) the plan shall be treated as having a net experience
loss under section 412(b)(2)(B)(iv) in an amount equal to the
amount of such transfer and for which amortization charges
begin for the first plan year after the plan year in which
such transfer occurs, except that such section shall be
applied to such amount by substituting `10 plan years' for `5
plan years'.''.
SEC. 104. REPEAL OF ALTERNATIVE MINIMUM TAX.
Part VI of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is hereby repealed.
SEC. 105. REPEAL OF CREDITS.
Part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is hereby repealed.
SEC. 106. REPEAL OF ESTATE AND GIFT TAXES AND OBSOLETE INCOME
TAX PROVISIONS.
(a) Repeal of Estate and Gift Taxes.--
(1) In general.--Subtitle B of the Internal Revenue Code of
1986 is hereby repealed.
(2) Effective date.--The repeal made by paragraph (1) shall
apply to the estates of decedents dying, and gifts and
generation-skipping transfers made, after December 31, 2005.
(b) Repeal of Obsolete Income Tax Provisions.--
(1) In general.--Except as provided in paragraph (2),
chapter 1 of the Internal Revenue Code of 1986 is hereby
repealed.
(2) Exceptions.--Paragraph (1) shall not apply to--
(A) sections 1, 11, and 63 of such Code, as amended by this
Act,
(B) those provisions of chapter 1 of such Code which are
necessary for determining whether or not--
(i) retirement distributions are includible in the gross
income of employees, or
(ii) an organization is exempt from tax under such chapter,
and
(C) subchapter D of such chapter 1 (relating to deferred
compensation).
SEC. 107. EFFECTIVE DATE.
Except as otherwise provided in this title, the amendments
made by this title shall apply to taxable years beginning
after December 31, 2005.
TITLE II--SUPERMAJORITY REQUIRED FOR TAX CHANGES
SEC. 201. SUPERMAJORITY REQUIRED.
(a) In General.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint
resolution, amendment thereto, or conference report thereon
that includes any provision that--
(1) increases any Federal income tax rate,
(2) creates any additional Federal income tax rate,
(3) reduces the standard deduction, or
(4) provides any exclusion, deduction, credit, or other
benefit which results in a reduction in Federal revenues.
(b) Waiver or Suspension.--This section may be waived or
suspended in the House of Representatives or the Senate only
by the affirmative vote of three-fifths of the Members, duly
chosen and sworn.
______
By Mrs. MURRAY (for herself and Mr. DeWine):
S. 1101. A bill to amend the Head Start Act to address the needs of
victims of child abuse and neglect, children in foster care, children
in kinship care, and homeless children; to the Committee on Health,
Education, Labor, and Pensions.
Mrs. MURRAY. Mr. President, today I rise with Senator DeWine to
introduce the ``Improving Head Start Access for Homeless and Foster
Children Act of 2005.''
Head Start has made significant strides in providing comprehensive
services to low-income children. Since
[[Page S5785]]
Head Start was established in 1965, low-income preschool-aged children
have received education, health, nutritional, social and developmental
services they would not otherwise have access to. Unfortunately,
children in greatest need of these services--homelss and foster youth--
are not receiving those services at adequate levels.
It is estimated that 1.35 million children experience homelessness
each year, and the mean income of a homeless family is at 46 percent of
the Federal poverty level. Due to extreme poverty and the inherent
instability of homelessness, children facing these conditions have
considerably higher physical, mental and emotional difficulties. It is
not surprising that homeless children are reported to be twice as
likely to have a learning disability and three times as likely of
having an emotional or behavioral problem that interferes with their
learning.
These children also face significant barriers to participation in
Head Start. These children lack transportation. They lack the necessary
documentation. They suffer from the invisibility of homeless families
which leaves the community unaware of the need to include these
children in Head Start recruitment and prioritization. As a result of
these and other barriers, only 15 percent of preschool children
identified as homeless are enrolled in preschool programs of any kind,
compared to the 57 percent of low-income preschool children. Currently
only 2 percent of the more than 900,000 students served by Head Start
are children identified as homeless. States report that 60 percent of
homeless students are having difficulties gaining access to Head Start.
In addition to homeless children, kids in foster care face a unique
set of challenges which both increase their need for the stability and
educational services provided by Head Start. Tragically, these same
challenges also hinder their ability to gain access to those services.
Foster children are likely to suffer from both emotional and physical
instability. With more than 500,000 children in foster care and a
shortage of foster parents in this country, these children often go
without the attention and advocacy that preschool age children need.
More than 40 percent of the children in homeless shelters are under
the age of five. The first years of a child's life significantly impact
personal development and future academic achievement. That is why I
once again stand with Senator DeWine to increase access to Head Start
for homeless and foster children.
Our bill would ensure equal access and benefits from to early
education and supportive services provided by Head Start for the
Nation's poorest children. It would make all homeless children eligible
for Head Start. The bill also allow homeless children to be immediately
enrolled in Head Start by allowing them extra time to provided required
documentation; providing that that documentation be in a reasonable
time frame. And, our bill would require school, district liaisons to
assist families in obtaining necessary documents. In addition, our bill
increases Head Start's outreach to homeless and foster children.
Further, the bill would reduce barriers by encouraging coordination
between Head Start agencies and community programs that serve these
vulnerable populations.
Again, I would like to thank my colleague Senator DeWine for his many
efforts in supporting homeless and foster youth. I urge the Senate to
ensure that all children, despite their background and socioeconomic
situation receive equal access to a quality education.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1101
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Head Start Access
for Homeless and Foster Children Act of 2005''.
SEC. 2. DEFINITIONS.
Section 637 of the Head Start Act (42 U.S.C. 9832) is
amended by adding at the end the following:
``(18) The term `family' means all persons living in the
same household who are--
``(A) supported by the income of at least 1 parent or
guardian (including any relative acting in place of a parent,
such as a grandparent) of a child enrolling or participating
in the Head Start program; and
``(B) related to the parent or guardian by blood, marriage,
or adoption.
``(19) The term `homeless child' means a child described in
section 725(2) of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a(2)).
``(20) The term `homeless family' means the family of a
homeless child.''.
SEC. 3. ALLOTMENT OF FUNDS; LIMITATIONS ON ASSISTANCE.
(a) Quality Improvement.--Section 640(a)(3) of the Head
Start Act (42 U.S.C. 9835(a)(3)) is amended--
(1) in subparagraph (B)--
(A) in clause (ii), by inserting ``children in foster care,
children referred to Head Start programs by child welfare
agencies, '' after ``background''; and
(B) in clause (v), by inserting ``, including collaboration
to increase program participation by underserved populations,
including homeless children, children in foster care, and
children referred to Head Start programs by child welfare
agencies'' before the period; and
(2) in subparagraph (C)--
(A) in clause (ii)(IV)--
(i) by inserting ``homeless children, children in foster
care, children referred to Head Start programs by child
welfare agencies, '' after ``dysfunctional families''; and
(ii) by inserting ``and families'' after ``communities'';
(B) in clause (v)--
(i) by inserting ``homeless children, children in foster
care, children referred to Head Start programs by child
welfare agencies,'' after ``dysfunctional families''; and
(ii) by inserting ``and families'' after ``communities'';
(C) by redesignating clause (vi) as clause (viii); and
(D) by inserting after clause (v) the following:
``(vi) To conduct outreach to homeless families and to
increase Head Start program participation by homeless
children.''.
(b) Collaboration Grants.--Section 640(a)(5)(C)(iv) of the
Head Start Act (42 U.S.C. 9835(a)(5)(C)(iv)) is amended--
(1) by inserting ``child welfare (including child
protective services),'' after ``child care,'';
(2) by inserting ``home-based services (including home
visiting services),'' after ``family literacy services''; and
(3) by striking ``and services for homeless children'' and
inserting ``services provided through grants under 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. 620 et seq. and 670 et seq.), and
services for homeless children (including coordination of
services with the Coordinator for Education of Homeless
Children and Youth designated under section 722 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432)),
children in foster care, and children referred to Head Start
programs by child welfare agencies''.
(c) Allocation of Funds.--Section 640(g)(2) of the Head
Start Act (42 U.S.C. 9835(g)(2)) is amended--
(1) in subparagraph (C)--
(A) by inserting ``organizations and agencies providing
family support services, child abuse prevention services,
protective services, and foster care, and'' after
``(including''; and
(B) by striking ``and public entities serving children with
disabilities'' and inserting ``, public entities, and
individuals serving children with disabilities and homeless
children (including 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)))'';
(2) in subparagraph (F), by inserting ``and homeless
families'' after ``low-income families''; and
(3) in subparagraph (H), by inserting ``(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)))'' after ``community
involved''.
(d) Enrollment of Homeless Children.--Section 640 of the
Head Start Act (42 U.S.C. 9835) is amended by adding at the
end the following:
``(m) The Secretary shall issue regulations to remove
barriers to the enrollment and participation of homeless
children in Head Start programs. Such regulations shall
require Head Start agencies to--
``(1) implement policies and procedures to ensure that
homeless children are identified and prioritized for
enrollment;
``(2) allow 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; and
``(3) coordinate individual Head Start programs with
programs for homeless children (including efforts to
implement subtitle B of title VII of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11431 et seq.)).''.
SEC. 4. DESIGNATION OF HEAD START AGENCIES.
Section 641(d)(4) of the Head Start Act (42 U.S.C.
9836(d)(4)) is amended--
(1) in subparagraph (B), by inserting ``including providing
services, to the extent
[[Page S5786]]
practicable, such as transportation, to enable such parents
to participate'' after ``level''
(2) in subparagraph (E)(iv), by striking ``; and'' and
inserting a semicolon;
(3) in subparagraph (F), by inserting ``and'' after the
semicolon; and
(4) by adding at the end the following:
``(G) to meet the needs of homeless children (including, to
the extent practicable, the transportation needs of such
children), children in foster care, and children referred to
Head Start programs by child welfare agencies;''.
SEC. 5. QUALITY STANDARDS; MONITORING OF HEAD START AGENCIES
AND PROGRAMS.
Section 641A of the Head Start Act (42 U.S.C. 9836a) is
amended--
(1) in subsection (a)(2)(B)--
(A) in clause (iii), by inserting ``homeless children,
children being raised by grandparents or other relatives,
children in foster care, children referred to Head Start
Programs by child welfare agencies,'' after ``children with
disabilities,''; and
(B) in clause (vi), by striking ``background and family
structure of such children'' and inserting ``background,
family structure of such children (including the number of
children being raised by grandparents and other relatives and
the number of children in foster care), and the number of
homeless children''; and
(2) in subsection (c)(2)(C), by striking ``disabilities)''
and inserting ``disabilities, homeless children, children
being raised by grandparents or other relatives, children in
foster care, and children referred to Head Start programs by
child welfare agencies)''.
SEC. 6. POWERS AND FUNCTIONS OF HEAD START AGENCIES.
Section 642 of the Head Start Act (42 U.S.C. 9837) is
amended--
(1) in subsection (b)--
(A) in paragraph (6), by inserting ``mental health services
and treatment, domestic violence services, and'' after
``participating children'';
(B) in paragraph (10), by striking ``; and'' and inserting
a semicolon;
(C) in paragraph (11)(B), by striking the period and
inserting ``; and''; and
(D) by adding at the end the following:
``(12) inform foster parents or grandparents or other
relatives raising children enrolled in the Head Start
program, that they have a right to participate in programs,
activities, or services carried out or provided under this
subchapter.'';
(2) in subsection (c), by inserting ``, the agencies
responsible for administering section 106 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a), parts B and E
of title IV of the Social Security Act (42 U.S.C. 620 et seq.
and 670 et seq.), and programs under subtitle B of title VII
of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11431 et seq.), homeless shelters, other social service
agencies serving homeless children and families,'' after
``(42 U.S.C. 9858 et seq.)''; and
(3) in subsection (d)(2)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(C) collaborating to increase the program participation
of homeless children.''.
SEC. 7. HEAD START TRANSITION.
Section 642A of the Head Start Act (42 U.S.C. 9837a) is
amended--
(1) in paragraph (2), by inserting ``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)),'' after ``social workers'';
(2) in paragraph (5), by inserting ``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.)'' before the semicolon;
(3) in paragraph (6), by striking ``; and '' and inserting
a semicolon;
(4) in paragraph (7), by striking the period and inserting
``; and''; and
(5) by adding at the end the following:
``(8) developing and implementing a system to increase
program participation of underserved populations, including
homeless children.''.
SEC. 8. PARTICIPATION IN HEAD START PROGRAMS.
Section 645(a)(1) of the Head Start Act (42 U.S.C.
9840(a)(1)) is amended--
(1) in subparagraph (B), by striking clause (i) and
inserting the following:
``(i) programs assisted under this subchapter may include--
``(I) participation of homeless children, children whose
families are receiving public assistance, children in foster
care, and children who have been referred to a Head Start
program by a child welfare agency; or
``(II) to a reasonable extent, participation of other
children in the area served who would benefit from such
programs,
whose families do not meet the low-income criteria prescribed
pursuant to subparagraph (A); and''; and
(2) in the flush matter following subparagraph (B), by
adding at the end the following: ``A homeless child shall
automatically be deemed to meet the low-income criteria.''.
SEC. 9. EARLY HEAD START PROGRAMS FOR FAMILIES WITH INFANTS
AND TODDLERS.
Section 645A of the Head Start Act (42 U.S.C. 9840a) is
amended--
(1) in subsection (b)--
(A) in paragraph (4), by inserting ``(including parenting
skills training, training in basic child development, and
training to meet the special needs of their children)'' after
``role as parents'';
(B) in paragraph (5)--
(i) by inserting ``(including home visiting and other home-
based services)'' after ``with services'';
(ii) by striking ``disabilities)'' and inserting
``disabilities and homeless infants and toddlers (including
homeless infants and toddlers with disabilities)); and
(iii) by striking ``services);'' and inserting ``services,
housing services, family support services, and other child
welfare services);''; and
(C) in paragraph (8), by inserting ``, and 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. 620
et seq. and 670 et seq.)'' before the semicolon; and
(2) in subsection (g)(2)(B)--
(A) in clause (iii), by striking ``; and'' and inserting a
semicolon;
(B) in clause (iv), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(v) providing professional development designed to
increase the program participation of underserved
populations, including homeless infants and toddlers, infants
and toddlers in foster care, and infants and toddlers
referred by child welfare agencies.''.
SEC. 10. TECHNICAL ASSISTANCE AND TRAINING.
Section 648 of the Head Start Act (42 U.S.C. 9843) is
amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking ``disabilities)'' and
inserting ``disabilities, children in foster care, and
children referred by child welfare agencies)'';
(B) in paragraph (5), by inserting ``, including the needs
of homeless children and their families'' before the
semicolon;
(C) in paragraph (10), by striking ``; and'' and inserting
a semicolon;
(D) in paragraph (11) by striking the period and inserting
``; and''; and
(E) by adding at the end the following:
``(12) assist Head Start agencies and programs in
increasing the program participation of homeless children.'';
and
(2) in subsection (e)--
(A) by inserting ``training for personnel providing
services to children determined to be abused or neglected,
children receiving child welfare services, and children
referred by child welfare agencies,'' after ``language),'';
and
(B) by inserting ``and family'' after ``community''.
SEC. 11. RESEARCH, DEMONSTRATIONS, AND EVALUATION.
Section 649 of the Head Start Act (42 U.S.C. 9844) is
amended--
(1) in subsection (a)(1)(B), by striking ``disabilities)''
and inserting ``disabilities, homeless children, children who
have been abused or neglected, and children in foster care'';
and
(2) in subsection (c)(1)(B) by inserting ``, including
those that work with children with disabilities, children who
have been abused and neglected, children in foster care,
children and adults who have been exposed to domestic
violence, children and adults facing mental health and
substance abuse problems, and homeless children and
families'' before the semicolon.
SEC. 12. REPORTS.
Section 650(a) of the Head Start Act (42 U.S.C. 9846(a)) is
amended--
(1) in the matter preceding paragraph (1), by striking
``disabled and'' and inserting ``disabled children, homeless
children, children in foster care, and'';
(2) in paragraph (8), by inserting ``homelessness, whether
the child is in foster care or was referred by a child
welfare agency,'' after ``background''; and
(3) in paragraph (12), by inserting ``substance abuse
treatment, housing services,'' after ``physical fitness''.
Mr.DeWINE. Mr. President, today I join with Senator MURRAY to
introduce the ``Improving Head Start Access for Homeless and Foster
Children Act of 2005.'' The problems children who are homeless and in
foster care face are daunting. I am grateful to Senator Murray for her
leadership in this area. She and I worked on coordinating and improving
access to services for homeless and foster children in the Individuals
with Disabilities Education Act (IDEA), and I am glad to have had the
opportunity to work with her again on this issue.
Who is more vulnerable than a child, under the age of five, living on
the street or in a shelter? Who is more vulnerable than a child under
five who has been abused and neglected? Just because young children
cannot speak to their needs does not mean that they should have no
voice. The hundreds of thousands of children in the United States who
experience homelessness, separation from their parents, or abuse and
neglect each year are in need of our help to ensure their needs are
met. Unfortunately, their voices are all too often not heard and their
needs go unmet. The bill we are introducing
[[Page S5787]]
today would serve as one more step, one move closer, to ensuring
homeless and foster children are visible and their voices audible.
In the United States, on any given day, more than half a million
children are in foster care, 20,000 of whom are in my home State of
Ohio, alone. Of this group, 27 percent are age five and--under. In
2003, we also know that more than 900,000 children were found to be
victims of child abuse or neglect. Children as young as six months old
can suffer from long-term effects after experiencing or witnessing
trauma. More than half of the children in foster care experience
developmental delays. Children in foster care have three to seven times
more chronic medical conditions, birth defects, emotional disorders,
and academic failures than children of similar socioeconomic
backgrounds who never enter foster care.
In its 2000 Report to Congress, the U.S. Department of Education
noted that only 15 percent of preschool children identified as homeless
were enrolled in preschool programs. In comparison, 57 percent of low-
income preschool children participated in preschool in 1999. These
statistics are especially troubling in light of the fact that over 40
percent of children living in shelters are under the age of five--an
age when early childhood education can have a significant positive
impact on a child's development and future academic achievement.
Head Start began in 1965, and since its inception, it has served more
than 22 million of America's poorest children. This important program
has helped these children build the skills they need to succeed in
school and provide them with the services they need to be healthy and
active in society. With its comprehensive services and family-centered
approach, Head Start often offers the most appropriate educational
setting for children and families experiencing homelessness and for
children in foster care. By providing comprehensive health, nutrition,
education, and social services, Head Start helps provide for the needs
of these vulnerable children. And, with the passage of this bill, Head
Start could help even more. Yet, programmatic and policy barriers
continue to limit their access to and participation in Head Start. Some
barriers to Head Start access are related to lack of coordination with
child welfare agencies, high mobility, lack of required documentation,
and lack of transportation.
Our bill would encourage Head Start grantees to reduce these barriers
by directing them to increase their outreach to homeless and foster
children. It also would encourage coordination between Head Start
grantees and community service providers and homeless and foster
children. It would increase the coordination for these populations as
they transition out of Head Start to elementary school and increase
reporting requirements. And, it would allow homeless children to be
automatically eligible for Head Start.
Again, I thank my colleague, Senator Murray, for her leadership on
this issue. I look forward to working with her to incorporate these
ideas into the Head Start reauthorization bill currently being
considered in the Health, Education, Labor, and Pensions Committee.
______
By Mr. ROCKEFELLER (for himself and Mr. Burns):
S. 1102. A bill to extend the aviation war risk insurance program for
3 years; to the Committee on Commerce, Science, and Transportation.
Mr. ROCKEFELLER. Mr. President, I rise today to introduce legislation
to mandate that the Federal Aviation Administration (FAA) extend the
offering of war risk insurance through August 31, 2007, to our Nation's
air carriers. I am very pleased that Senator Burns, the Chairman of the
Aviation Subcommittee, has agreed to co-sponsor this legislation.
Prior to September 11, 2001, war risk insurance was generally
attainable and affordable for U.S. airlines. But, as we know, that day
changed everything for America. No industry was more dramatically and
fundamentally changed than the U.S. aviation industry. Recognizing that
the commercial insurance market was not willing to provide war risk
insurance to the airline industry in the immediate aftermath of
September 11, Congress required the FAA provide war risk insurance to
U.S. air carriers. We expected that in time U.S. air carriers would be
able to obtain commercial war risk insurance. Unfortunately, the
commercial war risk insurance market has priced its products beyond the
means of our air carriers. According to the Air Transport Association,
a return to the commercial market to obtain war risk insurance could
cost U.S. airlines $600 million to $700 million a year, up from the
current $140 million. Because of the lack of a vibrant competitive
commercial market, last year, Congress extended its mandate that the
FAA provide this insurance.
In a report to Congress, the FAA noted that even though war risk
insurance is available in the private market, it is offered on terms
that the industry just cannot afford. My bill would mandate the
continuation of this vital program through August 31, 2008. In time, we
should expect the private market to offer this coverage, but the
reality is that the insurance industry continues to seek exorbitant
rates for this coverage. The market has failed and it is the
government's responsibility to provide this insurance as we have done
in previous times of war.
The financial conditions faced by domestic airlines have seen little,
if any, improvement. This legislation is supported by the low-cost
carriers who are the healthiest companies in the industry, as they know
that their profitability would be at risk if they were forced to go to
commercial market for this insurance at this time. The current
commercial market is simply unable to provide adequate war-risk
coverage without unreasonable cost to airlines. For airlines, private
coverage would mean annual payment increases of millions of dollars.
Even with FAA insurance coverage, airlines are projected to lose $5.5
billion this year. This legislation will help the airlines weather
their current financial crisis. If U.S. airlines were forced to go to
the commercial market for this insurance, we would likely see more
airlines in bankruptcy or cease to exist at all.
I believe that airlines remain a prime targets for terrorist acts. It
is because of this threat that the commercial insurance market is
unaffordable for the airlines. My legislation seeks to address a
pressing problem facing one of the most critical industries in the
country. My bill is one small but important measure that Congress can
take to make sure our nation has a vibrant and financially secure
airline industry.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1102
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. EXTENSION OF AIRLINE WAR RISK POLICIES AND
TERRORISM COVERAGE.
(a) Extension of Policies.--Section 44302(f) of title 49,
United States Code, is amended by striking ``August 31, 2005,
and may extend through December 31, 2005,'' in paragraph (1)
and inserting ``August 31, 2008, and may extend through
December 31, 2008,''.
(b) Extension of Terrorism Coverage.--Section 44303(b) of
title 49, United States Code, is amended by striking
``December 31, 2005,'' and inserting ``December 31, 2008,''.
______
By Mr. BAUCUS (for himself, Mr. Grassley, Mr. Wyden, Mr. Kyl, Mr.
Schumer, Mr. Crapo, Mr. Pryor, Mr. Jeffords, and Mr. Frist):
S. 1103. A bill to amend the Internal Revenue Code of 1986 to repeal
the individual alternative minimum tax; to the Committee on Finance.
Mr. BAUCUS. Mr. President, this weekend, millions of Americans
watched in suspense as Anakin Skywalker was lured to the Dark side and
became Darth Vader. What millions of those same Americans may not be
aware of is another Darth Vader lurking in our tax code; that is, the
Alternative Minimum Tax, or AMT.
The AMT has many of the same qualities as Anakin Skywalker. The AMT
was supposed to bring order and fairness to the tax world, but it
eventually got off on the wrong path and became a threat to middle-
income taxpayers. Both Skywalker and the AMT started off with great
intentions, but eventually they went astray. And now we have the Darth
Vader of the Tax Code bearing down on millions of unsuspecting
families.
[[Page S5788]]
That is why I am pleased to join with my friend and Chairman Chuck
Grassley, and our fellow committee colleagues, Senators Wyden and Kyl,
to introduce legislation today that will repeal the individual AMT. Our
bill simply says that individuals beginning January 1, 2006 will owe
zero, I repeat, zero dollars under the AMT. Further, our bill provides
that individuals with AMT credits can continue to use those up to 90
percent of their regular tax liability.
If we do not act, CRS estimates that in 2006, the family-unfriendly
AMT will hit middle-income families earning $63,000 with three
children. What was once meant to ensure that a handful of millionaires
did not eliminate all taxes through excessive deductions is now meaning
millions of working families, including thousands in my home State of
Montana, are subject to a higher stealth tax. It is truly bizarre, Mr.
Chairman, that we have designed a tax deeming more children ``excessive
deductions'' and duly paying your State taxes a bad thing. Already,
5,000 Montana families pay a higher tax because of the AMT. But this
number could multiply many times over if we do not act soon.
Not only is the AMT unfair and poorly targeted, it is an awful mess
to figure out. The Finance Committee heard testimony today from our
National Taxpayer Advocate, who has singled out this item as causing
the most complexity for individual taxpayers, and also from a tax
practitioner who has seen first-hand how difficult this is for her
clients. We heard also from other witnesses who said it is time for
repeal of the AMT.
Of course, repeal does not come without cost and that cost is
significant even if we assume the 2001 and 2003 tax cuts are not
extended. We are committed to working together to identify reasonable
offsets. Certainly, I do not think we want a tax system unfairly
placing a higher tax burden on millions of middle-income families with
children. But it does not serve those families either if our budget
deficit is significantly worse.
Again, I look forward to working with my colleagues on this AMT
repeal bill will put an end to the Darth Vader of the tax code, without
any sequels.
______
By Mrs. CLINTON (for herself, Mr. Chafee, Mr. Nelson of Florida,
Ms. Collins, Mr. Bingaman, and Ms. Cantwell):
S. 1104. A bill to amend titles XIX and XXI of the Social Security
Act to provide States with the option to cover certain legal immigrants
under the medicaid and State children's health insurance programs; to
the Committee on Finance.
Mrs. CLINTON. Mr. President, I rise to introduce legislation that
would allow States to use Federal funds to provide critical healthcare
services to pregnant women and children. I want to thank Senator Chafee
for his leadership on this important issue. I also want to recognize
former Senator Bob Graham and the late Senator John Chafee, who
championed this legislation for many years. Their commitment laid the
groundwork for our bill introduction today.
This bill, the Immigrant Children's Health Improvement Act, is
fundamentally about three things--fairness, fiscal relief, and
financial savings.
I will start with fairness. All across New York and America, legal
immigrants work hard, pay taxes, and exercise their civic
responsibilities. I see examples of this every day in New York. They
fight for our country in the military. They contribute to our Nation's
competitiveness and economic growth. They help revitalize neighborhoods
and small towns across the country. And most are fiercely proud to call
themselves Americans.
Yet, in 1996, Congress denied safety net services to legal immigrants
who had been in the country for less than 5 years. Today, Senator
Chafee and I are here to introduce legislation that would take a first
step towards correcting that injustice. The Immigrant Children's Health
Improvement Act will allow States to use, Federal funds to make SCHIP,
(the State Children's Health Improvement Program, and Medicaid
available to pregnant women and children who are legal immigrants
within the 5-year ban.
There is tremendous need for this legislation. An Urban Institute
study found that children of immigrants are three times as likely to be
in fair or poor health. While most children receive preventative
medicine, such as vaccines, too often immigrant children do not. They
are forced to receive their healthcare via emergency rooms--the least
cost-effective place to provide care. To make matters worse, minor
illnesses, which would be easily treated by a pediatrician, may
snowball into life-threatening conditions.
This legislation is also a matter of good fiscal policy. Today, 19
States, including New York and Rhode Island, plus the District of
Columbia, use State funds to provide healthcare services to legal
immigrants within the 5-year waiting period. According to the most
recent estimates from the Congressional Budget Office, at least 155,000
children and 60,000 adults are receiving these benefits. A total of
387,000 recent legal immigrants would be eligible to receive these
services if their States opt to take advantage of the program.
And finally, this bill is about long-term healthcare cost savings.
According to the National Bureau of Economic Research, covering
uninsured children and pregnant women through Medicaid can reduce
unnecessary hospitalization by 22 percent. Pregnant women who forgo
prenatal care are likely to develop complications during pregnancy,
which results in higher costs for postpartum care. And women without
access to prenatal care are four times more likely to deliver low birth
weight infants and seven times more likely to deliver prematurely than
women who receive prenatal care, according to the Institute of
Medicine. All of these health outcomes are costly to society and to the
individuals involved.
Thank you for allotting me this time to speak on such an urgent
matter. I look forward to working with you and the rest of my
colleagues to enact this bill into law in the near future.
______
By Mr. DODD (for himself, Mr. Cochran, Mr. Levin, Mr. Kennedy,
and Mr. Akaka):
S. 1105. A bill to amend title VI of the Higher Education Act of 1965
regarding international and foreign language studies; to the Committee
on Health, Education, Labor, and Pensions.
Mr. DODD. Mr. President, I rise today with Senators Cochran, Levin,
Kennedy and Akaka to introduce The International and Foreign Language
Studies Act of 2005.
In recent years, foreign language needs have significantly increased
throughout the Federal Government due to the presence of a wider range
of security threats, the emergence of new nation states, and the
globalization of the U.S. economy. Likewise, American business
increasingly needs internationally experienced employees to compete in
the global economy and to manage a culturally diverse workforce.
Currently, the U.S. government requires 34,000 employees with foreign
language skills across 70 Federal agencies. These agencies have stated
over the last few years, that translator and interpreter shortfalls
have adversely affected agency operations and hindered U.S. military,
law enforcement, intelligence, and diplomatic efforts.
Despite our growing needs, the number of undergraduate foreign
language degrees conferred is only one percent of all degrees. Only one
third of undergraduates report that they are taking foreign language
courses and only 11 percent report that they have studied abroad.
At a time when our security needs are more important than ever, at a
time when our economy demands that we enter new markets, and at a time
when the world requires us to engage in diplomacy in more thoughtful
and considered ways, it is extremely important that we have at our
disposal a multilingual, multicultural, internationally experienced
workforce. The Dodd-Cochran International and Foreign Language Studies
Act attempts to do this in a number of ways.
The Dodd-Cochran International and Foreign Language Studies Act will
increase undergraduate study abroad as a means to enhance foreign
language proficiency and deepen cultural knowledge. The bill will
reinstate undergraduate eligibility for Foreign Language and Area
Studies Fellowships. The bill will encourage the Department of
Education to engage in the collection, analysis and dissemination of
[[Page S5789]]
data on international education and foreign language needs so that we
know and understand exactly what our needs in this area are. Within the
Institute for International and Public Policy, the bill provides
scholarships and creates an ``expert track'' for doctoral students in
critical areas, disciplines and languages. And, most importantly, the
Dodd-Cochran bill will demonstrate our nation's commitment to
increasing the foreign language proficiency and international expertise
of our citizens by increasing the amount appropriated to international
education, including international business education, to allow for
more opportunities for more students.
The Higher Education Act authorizes the Federal Government's major
activities as they relate to financial assistance for students
attending colleges and universities. It provides aid to institutions of
higher education, services to help students complete high school and
enter and succeed in postsecondary education, and mechanisms to improve
the training of our emerging workforce. This bill will help fulfill
that mission.
Foreign language skills and international study are vital to secure
the future economic welfare of the United States in an increasingly
international economy. Foreign language skills and international study
are also vital for the nation to meet 21st century security challenges
properly and effectively, especially in light of the terrorist attacks
on September 11, 2001.
I hope our colleagues who are not cosponsoring this bill will give it
serious consideration. By working together, I believe that the Senate
as a body can act to ensure that we strengthen our Nation's security
and economy by capitalizing on the talents and dreams of those who wish
to enter the international arena.
Mr. KENNEDY. Mr. President, it is a privilege to join my colleagues
Senators Dodd, Cochran, Levin and Akaka in introducing the
International and Foreign Languages Studies Act to increase study
abroad and increase foreign language study here at home for
undergraduate and graduate students.
The study of foreign language and foreign cultures is more important
than ever. Yet in 2003, the number of fellowships awarded for such
studies was 30 percent less than the high point in 1967. Only 40
percent of undergraduates report taking any foreign language coursework
and only 20 percent have studied abroad.
Learning another language is more than a desirable educational goal.
It is a national security goal as well. We need more students to pursue
other languages, especially the lesser taught languages like Chinese,
Japanese, Farsi, Dari Persian and Arabic, which will be critical for
international business as well as for national defense.
In addition to supporting language studies, the bill builds bridges
with overseas universities to promote research and training abroad for
American students. It supports the expansion of the Centers for
International Business Education, and increases the scope of the
Institute for International and Public Policy by creating an
accelerated track for PhD students in key areas.
This bill is an important part of America's participation in
globalization, and I urge my colleagues to strongly support it.
______
By Mr. ALLARD (for himself and Mr. Salazar):
S. 1106. A bill to authorize the construction of the Arkansas Valley
Conduit in the State of Colorado, and for other purposes; to the
Committee on Energy and Natural Resources.
Mr. ALLARD. Mr. President, it is with much excitement and
anticipation that I, along with Congresswoman Marilyn Musgrave in the
House of Representatives, introduce legislation known as ``The Arkansas
Valley Conduit.'' This bill will ensure the expedited construction of a
pipeline that will provide the small, financially strapped towns and
water agencies along the Arkansas River with safe, clean, affordable
water. By creating a Federal-Local cost share to help offset the costs
of constructing the Conduit, this legislation will protect the future
of Southeastern Colorado. First introduced during the 107th Session of
Congress and subsequently in the 108th, we have redrafted the
legislation for the 109th Session to create a stronger stand-alone
bill. Congresswoman Musgrave and I have worked hard to craft it so that
it meets the needs of a region of Colorado that has suffered from
decades of inadequate drinking water supplies. On the heels of one of
the worst droughts in Colorado history, the Conduit will provide a
dependable source of water to communities--water that will allow these
communities to grow and prosper.
By way of background, the Arkansas Valley Conduit was originally
authorized by Congress forty years ago as a part of the Fryingpan-
Arkansas Project. Due to the authorizing statute's lack of a cost share
provision and Southeastern Colorado's depressed economic status, the
Conduit was never built. Until recently, the region has been fortunate
to enjoy an economical and safe alternative to pipeline-transportation
of Project Water: the Arkansas River. Sadly, the water quality in the
Arkansas has degraded to a point where it is no longer economical to
use as a means of transport. At the same time, the Federal Government
has continued to strengthen its unfunded water quality standards.
Several years ago, in an effort to resurrect the Conduit, Senator Ben
Nighthorse Campbell and I worked to secure $200,000 for a Bureau of
Reclamation Re-evaluation Statement on the project. Thanks to this
effort, the people of the valley began to realize that the Conduit may
one day be more than just a pipedream, and that Congress was serious
about fulfilling the promise of the Fryingpan-Arkansas Project.
Our legislation calls for a 80/20 Federal/Local cost share. This is a
sizeable sum, but is a far cry from the estimated $640 million it would
take to build new treatment facilities for each of the communities if
the Conduit was not built. It requires cooperation of the Department of
the Interior, U.S. Army Corps of Engineers and local project
participants.
The Arkansas Valley Conduit will deliver fresh, clean water to dozens
of valley communities and tens-of-thousands of people along the river.
Local community participants continue to explore options for financing
their share of the costs, and are working hard to develop the
organization that will oversee the Conduit project. I applaud those in
the community who have worked so hard for the past several years to
make the Conduit a reality. Upon its completion, it will stand as
testament to a pioneering vision and commitment to sensible water
policy.
With the help of my colleagues, the promise made by Congress forty
years ago to the people of Southeastern Colorado, will finally become a
reality.
I ask unanimous consent that the text of the legislation be printed
in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1106
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arkansas Valley Conduit
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) Public Law 87-590 (76 Stat. 389) authorized the
Fryingpan-Arkansas project, including construction of the
Arkansas Valley Conduit, a pipeline extending from Pueblo
Reservoir, Pueblo, Colorado to Lamar, Colorado;
(2) the Arkansas Valley Conduit was never built, partly
because of the inability of local communities to pay 100
percent of the costs of construction of the Arkansas Valley
Conduit;
(3) in furtherance of the goals and authorization of the
Fryingpan-Arkansas project, it is necessary to provide
separate authorization for the construction of the Arkansas
Valley Conduit;
(4) the construction of the Arkansas Valley Conduit is
necessary for the continued viability of southeast Colorado;
and
(5) the Arkansas Valley Conduit would provide the
communities of southeast Colorado with safe, clean, and
affordable water.
(b) Purposes.--The purposes of this Act are--
(1) to ensure a safe and adequate water supply for the
beneficiaries identified in Public Law 87-590 (76 Stat. 389)
and related authorizing documents and subsequent studies; and
(2) to establish a cost-sharing requirement for the
construction of the Arkansas Valley Conduit.
[[Page S5790]]
SEC. 3. ARKANSAS VALLEY CONDUIT, COLORADO.
(a) In General.--The Secretary of the Interior (referred to
in this Act as the ``Secretary'') shall plan, design, and
construct a water delivery pipeline, and branch lines as
needed, from a location in the vicinity (as determined by the
Secretary) of Pueblo Reservoir, Pueblo, Colorado to a
location in the vicinity (as determined by the Secretary) of
Lamar, Colorado, to be known as the ``Arkansas Valley
Conduit'', without regard to the cost-ceiling for the
Fryingpan Arkansas Project established under section 7 of
Public Law 87-590 (76 Stat. 393).
(b) Lead Non-Federal Entity.--
(1) Designation.--The Southeastern Colorado Water
Conservancy District, or a designee of the Southeastern
Colorado Water Conservancy District that is recognized under
State law as an entity that has taxing authority, shall be
the lead non-Federal entity for the Arkansas Valley Conduit.
(2) Duties.--The lead non-Federal entity shall--
(A) act as the official agent of the Arkansas Valley
Conduit;
(B) pay--
(i) the non-Federal share of any increased costs required
under subsection (e)(2)(C); and
(ii) the non-Federal share of construction costs under
subsection (e)(2); and
(C) pay costs relating to, and perform, the operations,
maintenance, and replacement of the Arkansas Valley Conduit.
(c) Cooperation.--To the maximum extent practicable during
the planning, design, and construction of the Arkansas Valley
Conduit, the Secretary shall collaborate and cooperate with
the United States Army Corps of Engineers, other Federal
agencies, and non-Federal entities.
(d) Cost Estimate.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in cooperation with the
lead non-Federal entity, shall prepare an estimate of the
total costs of constructing the Arkansas Valley Conduit.
(2) Actual costs.--If the actual costs of construction
exceed the estimated costs, the difference between the actual
costs and the estimated costs shall be apportioned in
accordance with subsection (e)(2)(C).
(3) Agreement on estimate and design.--The estimate
prepared under paragraph (1), and the final design for the
Arkansas Valley Conduit, shall be--
(A) subject to the agreement of the Secretary and the lead
non-Federal entity;
(B) developed in cooperation with the lead non-Federal
entity; and
(C) consistent with commonly accepted engineering
practices.
(e) Cost-sharing Requirement.--
(1) Federal share.--
(A) In general.--The Federal share of the total costs of
the planning, design, and construction of the Arkansas Valley
Conduit shall be 80 percent.
(B) Increased costs.--The Federal share of any increased
costs that are a result of fundamental design changes
conducted at the request of any person other than the lead
non-Federal entity shall be 100 percent.
(2) Non-federal share.--
(A) Non-federal share.--The non-Federal share of the total
costs of the planning, design, and construction of the
Arkansas Valley Conduit shall be 20 percent.
(B) Form.--Up to 100 percent of the non-Federal share may
be in the form of in-kind contributions or tasks that are
identified in the cost estimate prepared under subsection
(d)(1) as necessary for the planning, design, and
construction of the Arkansas Valley Conduit.
(C) Increased costs.--
(i) Fundamental design changes.--The lead non-Federal
entity shall pay any increased costs that are a result of
fundamental design changes conducted at the request of the
lead non-Federal entity.
(ii) Other causes.--For any increased costs that are from
causes (including increased supply and labor costs and
unforseen field changes) other than fundamental design
changes referred to in clause (i) and paragraph (1)(B)--
(I) the Federal share shall be 80 percent; and
(II) the non-Federal share shall be 20 percent.
(D) Up-front payment.--Not later than 180 days after the
date of completion of the cost-estimate under subsection (d),
the Secretary and the non-Federal entity may enter into an
agreement under which--
(i) the Secretary pays 100 percent of the non-Federal share
on behalf of the non-Federal entity; and
(ii) the non-Federal entity reimburses the Secretary for
the funds paid by the Secretary in accordance with the terms
of the agreement.
(E) Timing.--Except as provided in subparagraph (D), the
non-Federal share shall be paid in accordance with a schedule
established by the Secretary that--
(i) takes into account the capability of the applicable
non-Federal entities to pay; and
(ii) provides for full payment of the non-Federal share by
a date that is not later than 50 years after the date on
which the Arkansas Valley Conduit is capable of delivering
water.
(f) Transfer on Completion.--On completion of the Arkansas
Valley Conduit, as certified in an agreement between the
Secretary and the lead non-Federal entity, the Secretary
shall transfer ownership of the Arkansas Valley Conduit to
the lead non-Federal entity.
(g) Applicable Law.--Except as provided in this Act, Public
Law 87-590 (76 Stat. 389) and related authorizing documents
and subsequent studies shall apply to the planning, design,
and construction of the Arkansas Valley Conduit.
(h) Water Rights.--Nothing in this Act affects any State
water law or interstate compact.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
such sums as are necessary to carry out this Act.
(b) Limitation.--Amounts made available under subsection
(a) shall not be used for the operation or maintenance of the
Arkansas Valley Conduit.
______
By Mr. ENZI (for himself and Mr. Kennedy):
S. 1107. A bill to reauthorize the Head Start Act, and for other
purposes; to the Committee on Health, Education, Labor, and Pensions.
Mr. ENZI. Mr. President, I rise today to introduce the Head Start
Improvements for School Readiness Act with my colleague, Senator
Kennedy.
This legislation would reauthorize the Head Start program and make
important improvements to the Head Start Act and help ensure that
today's children receiving services by this important program will be
better prepared for success in the future. Success in life depends a
great deal on the preparation for that success, which comes early in
life. It is well documented in early childhood education research that
students who are not reading well by the third grade will struggle with
reading most of their lives. That is why the Head Start program is so
important. Head Start provides early education for thousands of
children each year, most of whom would not have the opportunity to
attend preschool programs elsewhere.
The Head Start program is important generally, but there is some room
for improvement. Earlier this year the Senate Committee on Health,
Education, Labor and Pensions held a hearing on the administration of
the Head Start program, and found that a number of changes might help
improve the performance of the program overall.
The first change required by this program would be providing for all
Head Start grantees found to have a deficiency to recompete the next
time the program's grant is up for renewal. The bill would also require
grantees to recompete if they have not resolved issues of noncompliance
within 120 days, or a longer time specified by the Secretary of Health
and Human Services. This will create an important incentive for
programs to operate at their best, which is in the best interest of our
children.
The bill would also shorten the timeline for programs to be
terminated. In some instances, Head Start grantees have been found to
be operating programs that are unsafe, or improperly using Federal
funds. In these cases, the Administration has acted to terminate these
programs. Unfortunately, under the law, Head Start grantees have been
able to appeal these rulings. This process can be lengthy, some
examples exceed 600 days, or almost two years, before a final ruling is
made. In order to address this issue, and put the health and education
of children first, the legislation we introduce today would limit the
time available for Head Start grantees to appeal decisions made by the
Secretary to terminate grants.
A third improvement is to clarify the role of the governing body and
policy councils in individual Head Start programs. After careful
review, the Committee found that many of the important fiscal and legal
responsibilities of Head Start grantees were not explicitly assigned to
either the policy council or the governing body, or in many instances,
were assigned equally to both. In order to clarify the shared
governance model, the bill we introduce today would clarify the
responsibilities of the governing body and the policy council for each
Head Start grantee. We believe this will lead to more consistent, high
quality fiscal and legal management, which will ensure these programs
are serving children in the best way they can.
I wish to thank my colleagues on the Committee, particularly Senator
Kennedy, for their help in drafting this bipartisan legislation to
reauthorize the Head Start Act. I believe the legislation we are
introducing today will improve the quality and effectiveness of the
Head Start program for generations of children to come.
[[Page S5791]]
I ask unanimous consent that a copy of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1107
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Head Start Improvements for
School Readiness Act''.
SEC. 2. STATEMENT OF PURPOSE.
Section 636 of the Head Start Act (42 U.S.C. 9831) is
amended by inserting ``educational instruction in prereading
skills, premathematics skills, and language and through''
after ``low-income children through''.
SEC. 3. DEFINITIONS.
Section 637 of the Head Start Act (42 U.S.C. 9832) is
amended--
(1) in paragraph (2), by inserting ``(including a
community-based organization)'' after ``nonprofit'';
(2) in paragraph (3)(C), by inserting ``, including
financial literacy,'' after ``Parent literacy'';
(3) in paragraph (17), by striking ``Mariana Islands,'' and
all that follows and inserting ``Mariana Islands.''; and
(4) by adding at the end the following:
``(18) The term `homeless child' means a child described in
section 725(2) of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a(2)).
``(19) The term `limited English proficient', used with
respect to a child, means a child--
``(A) who is enrolled or preparing to enroll in a Head
Start program, Early Head Start program, or other early care
and education program;
``(B)(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, Alaska Native, or a
native resident of a United States territory; 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
``(C) whose difficulty 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.
``(20) The term `deficiency' means--
``(A) a systemic or substantial 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 under this subchapter;
``(v) loss of legal status 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 failure of the board of directors of an
agency to fully exercise its legal and fiduciary
responsibilities;
``(C) substantial failure of an agency to meet the
administrative requirements of section 644(b);
``(D) failure of an agency to demonstrate that the agency
attempted to meet the coordination and collaboration
requirements with entities described in section
640(a)(5)(D)(iii)(I); or
``(E) having an unresolved area of noncompliance.
``(21) The term `unresolved area of noncompliance' means
failure to correct a noncompliance item within 120 days, or
within such additional time (if any) authorized by the
Secretary, after receiving from the Secretary notice of such
noncompliance item, pursuant to section 641A(d).''.
SEC. 4. FINANCIAL ASSISTANCE FOR HEAD START PROGRAMS.
Section 638 of the Head Start Act (42 U.S.C. 9833) is
amended by inserting ``for a period of 5 years'' after
``provide financial assistance to such agency''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 639 of the Head Start Act (42 U.S.C. 9834) is
amended to read as follows:
``SEC. 639. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
for carrying out the provisions of this subchapter
$7,215,000,000 for fiscal year 2006, $7,515,000,000 for
fiscal year 2007, $7,815,000,000 for fiscal year 2008, and
such sums as may be necessary for each of fiscal years 2009
and 2010.
``(b) Specific Programs.--From the amount appropriated
under subsection (a), the Secretary shall make available to
carry out research, demonstration, and evaluation activities,
including longitudinal studies under section 649, not more
than $20,000,000 for fiscal year 2006, and such sums as may
be necessary for each of fiscal years 2007 through 2010, of
which not more than $7,000,000 for each of fiscal years 2006
through 2010 shall be available to carry out impact studies
under section 649(g).''.
SEC. 6. ALLOTMENT OF FUNDS.
(a) Allotment.--Section 640(a) of the Head Start Act (42
U.S.C. 9835(a)) is amended--
(1) in paragraph (2)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Indian Head Start programs, services for children
with disabilities, and migrant and seasonal Head Start
programs, except that--
``(i) subject to the availability of appropriations, the
Secretary shall reserve for each fiscal year for use by
Indian Head Start and migrant and seasonal Head Start
programs (referred to in this subparagraph as `covered
programs'), on a nationwide basis, a sum that is the total of
not less than 4 percent of the amount appropriated under
section 639 for that fiscal year (for Indian Head Start
programs), and not less than 5 percent of that appropriated
amount (for migrant and seasonal Head Start programs), except
that--
``(I) if reserving the specified percentages for Indian
Head Start programs and migrant and seasonal Head Start
programs would reduce the number of children served by Head
Start programs, relative to the number of children served on
the date of enactment of the Head Start Improvements for
School Readiness Act, taking into consideration an
appropriate adjustment for inflation, the Secretary shall
reserve percentages that approach, as closely as practicable,
the specified percentages and that do not cause such a
reduction; and
``(II) notwithstanding any other provision of this
subparagraph, the Secretary shall reserve for each fiscal
year for use by Indian Head Start programs and by migrant and
seasonal Head Start programs, on a nationwide basis, not less
than the amount that was obligated for use by Indian Head
Start programs and by migrant and seasonal Head Start
programs for the previous fiscal year;
``(ii) after ensuring that each grant recipient for a
covered program has received an amount sufficient to enable
the grant recipient to serve the same number of children in
Head Start programs as were served by such grant recipient on
the date of enactment of the Head Start Improvements for
School Readiness Act, taking into consideration an
appropriate adjustment for inflation, and after allotting the
funds reserved under paragraph (3)(A) as specified in
paragraph (3)(D), the Secretary shall distribute the
remaining funds available under this subparagraph for covered
programs, by--
``(I) distributing 65 percent of the remainder by giving
priority to grant recipients in the States serving the
smallest percentages of eligible children (as determined by
the Secretary); and
``(II) distributing 35 percent of the remainder on a
competitive basis;'';
(B) by striking subparagraph (C) and inserting the
following:
``(C) training and technical assistance activities that are
sufficient to meet the needs associated with program
expansion and to foster program and management improvement
activities as described in section 648, in an amount for each
fiscal year that is equal to 2 percent of the amount
appropriated under section 639 for such fiscal year, of
which--
``(i) 50 percent shall be made available to Head Start
agencies to use directly, or by establishing local or
regional agreements with community experts, colleges and
universities, or private consultants, for any of the
following training and technical assistance activities,
including--
``(I) activities that ensure that Head Start programs meet
or exceed the program performance standards described in
section 641A(a)(1);
``(II) 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;
``(III) activities to pay expenses, including direct
training for expert consultants working with any staff, to
improve the management and implementation of Head Start
services and systems;
``(IV) 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 other
educational skills described in section 641A;
``(V) 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;
``(VI) 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;
[[Page S5792]]
``(VII) 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, and children who experience substance abuse in
their families, and children under 3 years of age, where
applicable;
``(VIII) activities to provide classes or in-service-type
programs to improve or enhance parenting skills, job skills,
adult and family literacy, including financial literacy, or
training to become a classroom aide or bus driver in a Head
Start program;
``(IX) additional activities deemed appropriate to the
improvement of Head Start agencies' programs, as determined
by the agencies' technical assistance and training plans; or
``(X) any other activities regarding the use of funds as
determined by the Secretary;
``(ii) 50 percent shall be made available to the Secretary
to support a regional or State system of early childhood
education training and technical assistance, and to assist
local programs (including Indian Head Start programs and
migrant and seasonal Head Start programs) in meeting the
standards described in section 641A(a)(1); and
``(iii) not less than $3,000,000 of the amount in clause
(ii) appropriated for such fiscal year shall be made
available to carry out activities described in section
648(d)(4);'';
(C) in subparagraph (D), by striking ``agencies;'' and
inserting ``agencies);''; and
(D) by adding at the end of the flush matter at the end the
following: ``The Secretary shall require each Head Start
agency to report at the end of each budget year on how funds
provided to carry out subparagraph (C)(i) were used.'';
(2) in paragraph (3)--
(A) in subparagraph (A)(i)(I)--
(i) by striking ``60 percent of such excess amount for
fiscal year 1999'' and all that follows through ``2002,
and''; and
(ii) by inserting before the semicolon the following: ``,
30 percent of such excess amount for fiscal year 2006, and 40
percent of such excess amount for each of fiscal years 2007
through 2010'';
(B) in subparagraph (B)--
(i) in clause (i), by striking ``performance standards''
and all that follows and inserting ``standards and measures
pursuant to section 641A.'';
(ii) by striking clause (ii) and inserting the following:
``(ii) Ensuring that such programs have adequate numbers of
qualified staff, and that such staff is furnished adequate
training, including training to promote the development of
language skills, premathematics skills, and prereading in
young children and in working with limited English proficient
children, children in foster care, children referred by child
welfare services, and children with disabilities, when
appropriate.'';
(iii) by striking clause (iii) and inserting the following:
``(iii) Developing and financing the salary scales and
benefits standards under section 644(a) and section 653, in
order to ensure that salary levels and benefits are adequate
to attract and retain qualified staff for such programs.'';
(iv) by striking clause (iv) and inserting the following:
``(iv) Using salary increases to--
``(I) assist with the implementation of quality programs
and improve staff qualifications;
``(II) ensure that staff can promote the language skills
and literacy growth of children and can provide children with
a variety of skills that have been identified, through
scientifically based early reading research, as predictive of
later reading achievement, as well as additional skills
identified in section 641A(a)(1)(B)(ii); and
``(III) encourage the staff to continually improve their
skills and expertise by informing the staff of the
availability of Federal and State incentive and loan
forgiveness programs for professional development.'';
(v) in clause (v), by inserting ``, including
collaborations to increase program participation by
underserved populations of eligible children'' before the
period; and
(vi) by striking clauses (vii) and (viii) and inserting the
following:
``(vii) Providing assistance to complete postsecondary
coursework including scholarships or other financial
incentives, such as differential and merit pay, to enable
Head Start teachers to improve competencies and the resulting
child outcomes.
``(viii) Promoting the regular attendance and stability of
all Head Start children with particular attention to highly
mobile children, including children from migrant and seasonal
farmworking families (where appropriate), homeless children,
and children in foster care.
``(ix) Making such other improvements in the quality of
such programs as the Secretary may designate.'';
(C) in subparagraph (C)--
(i) in clause (i)(I), by striking the last sentence and
inserting ``Salary increases, in excess of cost-of-living
allowances, provided with such funds shall be subject to the
specific standards governing salaries and salary increases
established pursuant to section 644(a).'';
(ii) in clause (ii)--
(I) in the matter preceding subclause (I), by striking
``education performance'' and inserting ``additional
educational'';
(II) in subclause (I), by inserting ``, prereading,'' after
``language'';
(III) by striking subclause (II) and inserting the
following:
``(II) to help limited English proficient children attain
the knowledge, skills, and development specified in section
641A(a)(1)(B)(ii) and to promote the acquisition of the
English language by such children and families;''; and
(IV) by striking subclause (IV) and inserting the
following:
``(IV) to provide education and training necessary to
improve the qualifications of Head Start staff, particularly
assistance to enable more instructors to be fully competent
and to meet the degree requirements under section
648A(a)(2)(A), and to support staff training, child
counseling, and other services necessary to address the
challenges of children participating in Head Start programs,
including children from immigrant, refugee, and asylee
families, children from families in crisis, homeless
children, children in foster care, children referred to Head
Start programs by child welfare agencies, and children who
are exposed to chronic violence or substance abuse.'';
(iii) in clause (iii), by inserting ``, educational staff
who have the qualifications described in section 648A(a),''
after ``ratio'';
(iv) in clause (v), by striking ``programs, including'' and
all that follows and inserting ``programs.'';
(v) by redesignating clause (vi) as clause (ix); and
(vi) by inserting after clause (v) the following:
``(vi) To conduct outreach to homeless families in an
effort to increase the program participation of eligible
homeless children.
``(vii) To conduct outreach to migrant and seasonal
farmworking families and families with limited English
proficient children.
``(viii) To partner 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 coaches to
preschool children in Head Start programs.
``(ix) To upgrade the qualifications and skills of
educational personnel to meet the professional standards
described in section 648A(a)(1), including certification and
licensure as bilingual education teachers and for other
educational personnel who serve limited English proficient
students.'';
(3) in paragraph (4)--
(A) in subparagraph (A), by striking ``1998'' and inserting
``2005''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) any amount available after all allotments are made
under subparagraph (A) for such fiscal year shall be
distributed as follows:
``(i) Each State shall receive an amount sufficient to
serve the same number of children in Head Start programs in
each State as were served on the date of enactment of the
Head Start Improvements for School Readiness Act, taking into
consideration an appropriate adjustment for inflation.
``(ii) After ensuring that each State has received the
amount described in clause (i) and after allotting the funds
reserved under paragraph (3)(A) as specified in paragraph
(3)(D), the Secretary shall distribute the remaining balance,
by--
``(I) distributing 65 percent of the balance by giving
priority to States serving the smallest percentages of
eligible children (as determined by the Secretary); and
``(II) distributing 35 percent of the balance on a
competitive basis.'';
(4) in paragraph (5)--
(A) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(B) by striking subparagraphs (B), (C), and (D) and
inserting the following:
``(B)(i) From the reserved sums, the Secretary shall award
a collaboration grant to each State to facilitate
collaboration between Head Start agencies and entities
(including the State) that carry out other activities
designed to benefit low-income families and children from
birth to school entry.
``(ii) Grants described in clause (i) shall be used to--
``(I) encourage Head Start agencies to collaborate with
entities involved in State and local planning processes to
better meet the needs of low-income families and children
from birth to school entry;
``(II) encourage 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 resources and referral
services in the State to make full-working-day and full
calendar year services available to children;
``(III) promote alignment of Head Start services with State
early learning and school readiness goals and standards,
including the Head Start child outcome framework;
``(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; and
``(V) carry out the activities of the State Director of
Head Start Collaboration authorized in subparagraph (D).
``(C) In order to improve coordination and delivery of
early education services to children in the State, a State
that receives a grant under subparagraph (B) shall--
[[Page S5793]]
``(i) appoint an individual to serve as the State Director
of Head Start Collaboration;
``(ii) ensure that the State Director of Head Start
Collaboration holds a position with sufficient authority and
access to ensure that the collaboration described in
subparagraph (B) is effective and involves a range of State
agencies; and
``(iii) 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.
``(D) The State Director of Head Start Collaboration, after
consultation with the State Advisory Council described in
subparagraph (E), shall--
``(i) not later than 1 year after the date of enactment of
the Head Start Improvements for School Readiness Act, conduct
an assessment that--
``(I) addresses the needs of Head Start agencies in the
State with respect to collaborating, coordinating services,
and implementing State early learning and school readiness
goals and standards to better serve children enrolled in Head
Start programs in the State;
``(II) shall be updated on an annual basis; and
``(III) shall be made available to the general public
within the State;
``(ii) assess the availability of high quality
prekindergarten services for low-income children in the
State;
``(iii) develop a strategic plan that is based on the
assessment described in clause (i) that will--
``(I) enhance collaboration and coordination of Head Start
services with other entities providing early childhood
programs and services (such as child care and 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 programs and services 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 such services;
``(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
care;
``(III) assist Head Start agencies to align services with
State early learning and school readiness goals and standards
and to facilitate collaborative efforts to develop local
school readiness standards; and
``(IV) enable agencies in the State to better coordinate
professional development opportunities for Head Start staff,
such as by--
``(aa) assisting 2- and 4-year public and private
institutions of higher education to develop articulation
agreements;
``(bb) awarding grants to institutions of higher education
to develop model early childhood education programs,
including practica or internships for students to spend time
in a Head Start or prekindergarten program;
``(cc) working with local Head Start 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
``(dd) enabling the State Head Start agencies to better
coordinate outreach to eligible families;
``(iv) promote partnerships between Head Start agencies,
State governments, and the private sector to help ensure that
preschool children from low-income families are receiving
comprehensive services to prepare the children to enter
school ready to learn;
``(v) consult with the chief State school officer, local
educational agencies, and providers of early childhood
education and care to conduct unified planning regarding
early care and education services at both the State and local
levels, including undertaking collaborative efforts to
develop and make improvements in school readiness standards;
``(vi) promote partnerships (such as the partnerships
involved with the Free to Grow initiative) between Head Start
agencies, schools, law enforcement, 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;
``(vii) promote partnerships between Head Start agencies
and other organizations in order to enhance the Head Start
curriculum, including partnerships to promote inclusion of
more books in Head Start classrooms and partnerships to
promote coordination of activities with the Ready-to-Learn
Television program carried out under subpart 3 of part D of
title II of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6775 et seq.); and
``(viii) identify other resources and organizations (both
public and private) for the provision of in-kind services to
Head Start agencies in the State.
``(E)(i) The Governor of the State shall designate or
establish a council to serve as the State advisory council on
collaboration on early care and education activities for
children from birth to school entry (in this subchapter
referred to as the `State Advisory Council').
``(ii) The Governor may designate an existing entity to
serve as the State Advisory Council, if the entity includes
representatives described in subclauses (I) through (XXIV) of
clause (iii).
``(iii) Members of the State Advisory Council shall
include, to the maximum extent possible--
``(I) the State Director of Head Start Collaboration;
``(II) a representative of the appropriate regional office
of the Administration for Children and Families;
``(III) a representative of the State educational agency
and local educational agencies;
``(IV) a representative of institutions of higher
education;
``(V) a representative (or representatives) of the State
agency (or agencies) responsible for health or mental health
care;
``(VI) a representative of the State agency responsible for
teacher professional standards, certification, and licensing,
including prekindergarten teacher professional standards,
certification standards, certification, and licensing, where
applicable;
``(VII) a representative of the State agency responsible
for child care;
``(VIII) early childhood education professionals, including
professionals with expertise in second language acquisition
and instructional strategies in teaching limited English
proficient children;
``(IX) kindergarten teachers and teachers in grades 1
through 3;
``(X) health care professionals;
``(XI) child development specialists, including specialists
in prenatal, infant, and toddler development;
``(XII) a representative of the State agency responsible
for assisting children with developmental disabilities;
``(XIII) a representative of the State agency responsible
for programs under part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1431 et seq.);
``(XIV) a representative of the State interagency
coordinating councils established under section 641 of the
Individuals with Disabilities Education Act (20 U.S.C. 1441);
``(XV) a representative of the State Head Start Association
(where appropriate), and other representatives of Head Start
programs in the State;
``(XVI) a representative of the State network of child care
resource and referral agencies;
``(XVII) a representative of community-based organizations;
``(XVIII) a representative of State and local providers of
early childhood education and child care;
``(XIX) a representative of migrant and seasonal Head Start
programs and Indian Head Start programs (where appropriate);
``(XX) parents;
``(XXI) religious and business leaders;
``(XXII) the head of the State library administrative
agency;
``(XXIII) representatives of State and local organizations
and other entities providing professional development to
early care and education providers; and
``(XXIV) a representative of other entities determined to
be relevant by the chief executive officer of the State.
``(iv)(I) The State Advisory Council shall be responsible
for, in addition to responsibilities assigned to the council
by the chief executive officer of the State--
``(aa) conducting a periodic statewide needs assessment
concerning early care and education programs for children
from birth to school entry;
``(bb) identifying barriers to, and opportunities for,
collaboration and coordination between entities carrying out
Federal and State child development, child care, and early
childhood education programs;
``(cc) developing recommendations regarding means of
establishing a unified data collection system for early care
and education programs throughout the State;
``(dd) developing a statewide professional development and
career ladder plan for early care and education in the State;
and
``(ee) reviewing and approving the strategic plan,
regarding collaborating and coordinating services to better
serve children enrolled in Head Start programs, developed by
the State Director of Head Start Collaboration under
subparagraph (D)(iii).
``(II) The State Advisory Council shall hold public
hearings and provide an opportunity for public comment on the
needs assessment and recommendations described in subclause
(I). The State Advisory Council shall submit a statewide
strategic report containing the needs assessment and
recommendations described in subclause (I) to the State
Director of Head Start Collaboration and the chief executive
officer of the State.
``(III) After submission of a statewide strategic report
under subclause (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.''; and
(5) in paragraph (6)--
(A) in subparagraph (A), by striking ``7.5 percent'' and
all that follows and inserting ``11 percent for fiscal year
2006, 13 percent for fiscal year 2007, 15 percent for fiscal
year 2008, 17 percent for fiscal year 2009, and 18 percent
for fiscal year 2010, of the amount appropriated pursuant to
section 639(a).'';
(B) by striking subparagraph (B);
[[Page S5794]]
(C) in subparagraph (C)(i), by striking ``required to be'';
and
(D) by redesignating subparagraph (C) as subparagraph (B).
(b) Service Delivery Models.--Section 640(f) of the Head
Start Act (42 U.S.C. 9835(f)) is amended by striking
``needs.'' and inserting ``needs, including--
``(1) models that leverage the capacity and capabilities of
the delivery system of early childhood education and child
care; and
``(2) procedures to provide for the conversion of part-day
programs to full-day programs or part-day slots to full-day
slots.''.
(c) Additional Funds.--Section 640(g)(2) of the Head Start
Act (42 U.S.C. 9835(g)(2)) is amended--
(1) by striking subparagraph (C) and inserting the
following:
``(C) the extent to which the applicant has undertaken
communitywide strategic planning and needs assessments
involving other community organizations and Federal, State,
and local public agencies serving children and families
(including organizations and agencies providing family
support services and protective services to children and
families and organizations serving families in whose homes
English is not the language customarily spoken), and
individuals, organizations, and public entities serving
children with disabilities, children in foster care, and
homeless children 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));'';
(2) in subparagraph (D), by striking ``other local'' and
inserting ``the State and local'';
(3) in subparagraph (E), by inserting ``would like to
participate but'' after ``community who'';
(4) in subparagraph (G), by inserting ``leverage the
existing delivery systems of such services and'' after
``manner that will''; and
(5) in subparagraph (H), by inserting ``, 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)),'' after ``community
involved''.
(d) Regulations.--Section 640(i) of the Head Start Act (42
U.S.C. 9835(i)) is amended by inserting ``and requirements to
ensure the appropriate supervision and background checks of
individuals with whom the agencies contract to transport
those children'' before the period.
(e) Migrant and Seasonal Head Start Programs.--Section
640(l) of the Head Start Act (42 U.S.C. 9835(l)) is amended
by striking paragraph (3) and inserting the following:
``(3) In carrying out this subchapter, the Secretary shall
continue the administrative arrangement at the national or
regional level for meeting the needs of Indian children and
children of migrant and seasonal farmworkers and shall ensure
that appropriate funding is provided to meet such needs,
including training and technical assistance and the
appointment of a national migrant and seasonal Head Start
collaboration director and a national Indian 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
and Early Head Start programs.
``(B) The consultations shall be for the purpose of better
meeting the needs of American Indian and Alaska Native
children and families pertinent to subsections (a), (b), and
(c) of section 641, taking into consideration funding
allocations, distribution formulas, and other issues
affecting the delivery of Head Start services within tribal
communities.
``(C) The Secretary shall publish a notification of the
consultations in the Federal Register prior to conducting the
consultations.
``(D) A detailed report of each consultation shall be
prepared and made available, on a timely basis, to all tribal
governments receiving funds under this subchapter.''.
(f) Homeless Children.--Section 640 of the Head Start Act
(42 U.S.C. 9835) is amended by adding at the end the
following:
``(m) Enrollment of Homeless Children.--The Secretary shall
issue regulations to remove barriers to the enrollment and
participation of homeless children in Head Start programs.
Such regulations shall require Head Start agencies to--
``(1) implement policies and procedures to ensure that
homeless children are identified and receive appropriate
priority for enrollment;
``(2) allow homeless children to apply to, enroll in, and
attend Head Start programs while required documents, such as
proof of residency, proof of immunization, and other medical
records, birth certificates, and other documents, are
obtained within a reasonable timeframe (consistent with State
law); and
``(3) 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) Rule of Construction.--Nothing in this subchapter
shall be construed to require a State to establish a program
of early education for children in the State, to require any
child to participate in a program of early education in order
to attend preschool, or to participate in any initial
screening prior to participation in such program, except as
provided under section 612(a)(3) of the Individuals with
Disabilities Education Act (20 U.S.C. 1412(a)(3)) and
consistent with section 614(a)(1)(C) of such Act (20 U.S.C.
1414(a)(1)(C)).
``(o) Materials.--All curricula funded under this
subchapter shall be scientifically based and age appropriate.
Parents shall have the opportunity to examine any such
curricula or instructional materials funded under this
subchapter.''.
SEC. 7. DESIGNATION OF HEAD START AGENCIES.
Section 641 of the Head Start Act (42 U.S.C. 9836) is
amended to read as follows:
``SEC. 641. DESIGNATION OF HEAD START AGENCIES.
``(a) Designation.--
``(1) In general.--The Secretary is authorized to designate
as a Head Start agency any local public or private nonprofit
or for-profit agency, within a community, including a
community-based organization that--
``(A) has power and authority to carry out the purpose of
this subchapter and perform the functions set forth in
section 642 within a community; and
``(B) is determined to be capable of planning, conducting,
administering, and evaluating, either directly or by other
arrangements, a Head Start program.
``(2) Required goals for designation.--In order to be
designated as a Head Start agency, an entity described in
paragraph (1) shall establish program goals for improving the
school readiness of children participating in a program under
this subchapter, including goals for meeting the performance
standards and additional educational standards described in
section 641A and shall establish results-based school
readiness goals that are aligned with State early learning
standards, if applicable, and requirements and expectations
for local public schools.
``(3) Eligibility for subsequent grants.--In order to
receive a grant under this subchapter subsequent to the
initial grant provided following the date of enactment of the
Head Start Improvements for School Readiness Act, an entity
described in paragraph (1) shall demonstrate that the entity
has met or is making progress toward meeting the goals
described in paragraph (2).
``(4) Governing body.--
``(A) In general.--
``(i) Ensuring high quality programs.--In order to be
designated as a Head Start agency, an entity described in
paragraph (1) shall have a governing body--
``(I) with legal and fiscal responsibility for
administering and overseeing programs under this subchapter;
and
``(II) that fully participates in the development,
planning, implementation, and evaluation of the programs to
ensure the operation of programs of high quality.
``(ii) Ensuring compliance with laws.--The governing body
shall be responsible for ensuring compliance with Federal
laws and regulations, including the performance standards
described in section 641A, as well as applicable State,
Tribal, and local laws and regulations, including laws
defining the nature and operations of the governing body.
``(B) Composition of governing body.--
``(i) In general.--The governing body shall be composed as
follows:
``(I) Not less than 1 member of the governing body shall
have a background in fiscal management.
``(II) Not less than 1 member of the governing body shall
have a background in early childhood development.
``(III) Not less than 1 member of the governing body shall
live in the local community to be served by the entity.
``(ii) Conflict of interest.--Members of the governing body
shall--
``(I) not have a conflict of interest with the Head Start
agency or delegate agencies; and
``(II) not receive compensation for service to the Head
Start agency.
``(C) Responsibilities.--
``(i) In general.--The governing body shall be responsible,
in consultation with the policy council or the policy
committee of the Head Start agency, for--
``(I) the selection of delegate agencies and such agencies'
service areas;
``(II) establishing criteria for defining recruitment,
selection, and enrollment priorities;
``(III) all funding applications and amendments to funding
applications for programs under this subchapter;
``(IV) the annual self-assessment of the Head Start agency
or delegate agency's progress in carrying out the
programmatic and fiscal intent of such agency's grant
application, including planning or other actions that may
result from the review of the annual audit, self-assessment,
and findings from the Federal monitoring review;
``(V) the composition of the policy council or the policy
committee of the Head Start agency and the procedures by
which group members are chosen;
``(VI) audits, accounting, and reporting;
``(VII) personnel policies and procedures including
decisions with regard to salary scales (and changes made to
the scale), salaries of the Executive Director, Head Start
Director, the Director of Human Resources, and the Chief
Fiscal Officer, and decisions to hire and terminate program
staff; and
``(VIII) the community assessment, including any updates to
such assessment.
``(ii) Conduct of responsibilities.--The governing body
shall develop an internal control structure to facilitate
these responsibilities in order to--
``(I) safeguard Federal funds;
``(II) comply with laws and regulations that have an impact
on financial statements;
``(III) detect or prevent noncompliance with this
subchapter; and
[[Page S5795]]
``(IV) receive audit reports and direct and monitor staff
implementation of corrective actions.
``(D) Receipt of information.--To facilitate oversight and
Head Start agency accountability, the governing body shall
receive regular and accurate information about program
planning, policies, and Head Start agency operations,
including--
``(i) monthly financial statements (including detailed
credit card account expenditures for any employee with a Head
Start agency credit card or who seeks reimbursement for
charged expenses);
``(ii) monthly program information summaries;
``(iii) program enrollment reports, including attendance
reports for children whose care is partially subsidized by
another public agency;
``(iv) monthly report of meals and snacks through programs
of the Department of Agriculture;
``(v) the annual financial audit;
``(vi) the annual self-assessment, including any findings
related to the annual self-assessment;
``(vii) the community assessment of the Head Start agency's
service area and any applicable updates; and
``(viii) the program information reports.
``(E) Training and technical assistance.--Appropriate
training and technical assistance shall be provided to the
members of the governing body 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.
``(b) Communities.--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.
``(c) Priority in Designation.--In administering the
provisions of this section, the Secretary shall, in
consultation with the chief executive officer of the State
involved, give priority in the designation (including
redesignation) of Head Start agencies to any high-performing
Head Start agency or delegate agency that--
``(1) is receiving assistance under this subchapter;
``(2) meets or exceeds program and financial management
requirements or standards described in section 641A(a)(1);
``(3) has no unresolved deficiencies and has not had
findings of deficiencies during the last triennial review
under section 641A(c); and
``(4) can demonstrate, through agreements such as memoranda
of understanding, active collaboration with the State or
local community in the provision of services for children
(such as the provision of extended day services, education,
professional development and training for staff, and other
types of cooperative endeavors).
``(d) Designation When Entity Has Priority.--If no entity
in a community is entitled to the priority specified in
subsection (c), the Secretary shall, after conducting an open
competition, designate a Head Start agency from among
qualified applicants in such community.
``(e) Rule of Construction.--Notwithstanding any other
provision of law, under no condition may a non-Indian Head
Start agency receive a grant to carry out an Indian Head
Start program.
``(f) Effectiveness.--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--
``(1) any past performance of such applicant in providing
services comparable to Head Start services, including how
effectively such applicant provided such comparable services;
``(2) 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;
``(3) the capacity of such applicant to serve eligible
children with programs that use scientifically based research
that promote school readiness of children participating in
the program;
``(4) the plan of such applicant to meet standards set
forth in section 641A(a)(1), with particular attention to the
standards set forth in subparagraphs (A) and (B) of such
section;
``(5) the plan of such applicant to coordinate the Head
Start program the applicant proposes to carry out with other
preschool programs, including--
``(A) the Early Reading First and Even Start programs under
subparts 2 and 3 of part B of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6371 et seq., 6381
et seq.);
``(B) programs under section 619 and part C of the
Individuals with Disabilities Education Act (20 U.S.C. 1419,
1431 et seq.);
``(C) State prekindergarten programs;
``(D) child care programs;
``(E) the educational programs that the children in the
Head Start program involved will enter at the age of
compulsory school attendance; and
``(F) reading readiness programs such as those conducted by
public and school libraries;
``(6) the plan of such applicant to coordinate the Head
Start program that the applicant proposes to carry out with
public and private entities who are willing to commit
resources to assist the Head Start program in meeting its
program needs;
``(7) the plan of such applicant to collaborate with a
local library, where available, that is interested in that
collaboration, to--
``(A) develop innovative programs to excite children about
the world of books, such as programs that involve--
``(i) taking children to the library for a story hour;
``(ii) promoting the use of library cards;
``(iii) developing a lending library or using a mobile
library van; and
``(iv) providing fresh books in the Head Start classroom on
a regular basis;
``(B) assist in literacy training for Head Start teachers;
and
``(C) support parents and other caregivers in literacy
efforts;
``(8) the plan of such applicant--
``(A) to seek the involvement of parents of participating
children in activities (at home and in the center involved
where practicable) designed to help such parents become full
partners in the education of their children;
``(B) to afford such parents the opportunity to participate
in the development and overall conduct of the program at the
local level, including through providing transportation
costs;
``(C) to offer (directly or through referral to local
entities, such as entities carrying out Even Start programs
under subpart 3 of part B of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.),
public and school libraries, and entities carrying out family
support programs) to such parents--
``(i) family literacy services; and
``(ii) parenting skills training;
``(D) to offer to parents of participating children
substance abuse counseling (either directly or through
referral to local entities), including information on the
effect of drug exposure on infants and fetal alcohol
syndrome;
``(E) 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 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; or
``(v) any other activity designed to help such parents
become full partners in the education of their children;
``(F) to provide, with respect to each participating
family, a family needs assessment that includes consultation
with such parents about the benefits of parent involvement
and about the activities described in subparagraphs (C), (D),
and (E) in which such parents may choose to become involved
(taking into consideration their specific family needs, work
schedules, and other responsibilities); and
``(G) to extend outreach to fathers, in appropriate cases,
in order to strengthen the role of fathers in families, in
the education of their young children, and in the Head Start
program, by working directly with fathers and father figures
through activities such as--
``(i) in appropriate cases, including fathers in home
visits and providing opportunities for direct father-child
interactions; and
``(ii) targeting increased male participation in the
conduct of the program;
``(9) the ability of such applicant to carry out the plans
described in paragraphs (2), (4), and (5);
``(10) other factors related to the requirements of this
subchapter;
``(11) 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;
``(12) the plan of such applicant to meet the needs of
children with disabilities;
``(13) 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;
``(14) the plan of such applicant to collaborate with other
entities carrying out early childhood education and child
care programs in the community;
``(15) the plan of such applicant to meet the needs of
homeless children and children in foster care, including the
transportation needs of such children; and
``(16) the plan of such applicant to recruit and retain
qualified staff.
``(g) Interim Basis.--If there is not a qualified applicant
in a community for designation as a Head Start agency, 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 so designated.
``(h) Involvement of Parents and Area Residents.--The
Secretary shall continue the practice of involving parents
and area residents who are affected by programs under this
subchapter in the selection of
[[Page S5796]]
qualified applicants for designation as Head Start agencies.
``(i) 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 services to children and
their families.''.
SEC. 8. QUALITY STANDARDS; MONITORING OF HEAD START AGENCIES
AND PROGRAMS.
Section 641A of the Head Start Act (42 U.S.C. 9836a) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by striking ``642(d)'' and
inserting ``642(c)'';
(B) in paragraph (1)(B)--
(i) in clause (i), by striking ``education performance
standards'' and inserting ``educational performance
standards''; and
(ii) by striking clause (ii) and inserting the following:
``(ii) additional educational standards based on the
recommendations of the National Academy of Sciences panel
described in section 649(h) and other experts in the field,
to ensure that the curriculum involved addresses, and that
the children participating in the program show appropriate
progress toward developing and applying, the recommended
educational outcomes, after the panel considers the
appropriateness of additional educational standards relating
to--
``(I) language skills related to listening, understanding,
speaking, and communicating, including--
``(aa) understanding and use of a diverse vocabulary
(including knowing the names of colors) and knowledge of how
to use oral language to communicate for various purposes;
``(bb) narrative abilities used, for example, to
comprehend, tell, and respond to a story, or to comprehend
instructions;
``(cc) ability to detect and produce sounds of the language
the child speaks or is learning; and
``(dd) clarity of pronunciation and speaking in
syntactically and grammatically correct sentences;
``(II) prereading knowledge and skills, including--
``(aa) alphabet knowledge including knowing the letter
names and associating letters with their shapes and sounds in
the language the child speaks or is learning;
``(bb) phonological awareness and processes that support
reading, for example, rhyming, recognizing speech sounds and
separate syllables in spoken words, and putting speech sounds
together to make words;
``(cc) knowledge, interest in, and appreciation of books,
reading, and writing (either alone or with others), and
knowledge that books have parts such as the front, back, and
title page;
``(dd) early writing, including the ability to write one's
own name and other words and phrases; and
``(ee) print awareness and concepts, including recognizing
different forms of print and understanding the association
between spoken and written words;
``(III) premathematics knowledge and skills, including--
``(aa) number recognition;
``(bb) use of early number concepts and operations,
including counting, simple adding and subtracting, and
knowledge of quantitative relationships, such as part versus
whole and comparison of numbers of objects;
``(cc) use of early space and location concepts, including
recognizing shapes, classification, striation, and
understanding directionality; and
``(dd) early pattern skills and measurement, including
recognizing and extending simple patterns and measuring
length, weight, and time;
``(IV) scientific abilities, including--
``(aa) building awareness about scientific skills and
methods, such as gathering, describing, and recording
information, making observations, and making explanations and
predictions; and
``(bb) expanding scientific knowledge of the environment,
time, temperature, and cause-and-effect relationships;
``(V) general cognitive abilities related to academic
achievement and child development, including--
``(aa) reasoning, planning, and problem-solving skills;
``(bb) ability to engage, sustain attention, and persist on
challenging tasks;
``(cc) intellectual curiosity, initiative, and task
engagement; and
``(dd) motivation to achieve and master concepts and
skills;
``(VI) social and emotional development related to early
learning and school success, including developing--
``(aa) the ability to develop social relationships,
demonstrate cooperative behaviors, and relate to teachers and
peers in positive and respectful ways;
``(bb) an understanding of the consequences of actions,
following rules, and appropriately expressing feelings;
``(cc) a sense of self, such as self-awareness,
independence, and confidence;
``(dd) the ability to control negative behaviors with
teachers and peers that include impulsiveness, aggression,
and noncompliance; and
``(ee) knowledge of civic society and surrounding
communities;
``(VII) physical development, including developing--
``(aa) fine motor skills, such as strength, manual
dexterity, and hand-eye coordination; and
``(bb) gross motor skills, such as balance and coordinated
movements; and
``(VIII) 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 subclauses
(I) through (VII);'';
(C) in paragraph (1)(D), by striking ``projects; and'' and
inserting ``projects, including regulations that require that
the facilities used by Head Start agencies (including Early
Head Start agencies) and delegate agencies for regularly
scheduled center-based and combination program option
classroom activities--
``(i) shall be in compliance with 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.'';
(D) in paragraph (2)--
(i) in subparagraph (B)--
(I) in clause (i), by striking ``the date of enactment of
this section'' and inserting ``the date of enactment of the
Head Start Improvements for School Readiness Act'';
(II) in clause (ii), by striking ``the date of enactment of
this Act'' and inserting ``the date of enactment of the Head
Start Improvements for School Readiness Act'';
(III) in clause (vi), by striking ``; and'' and inserting a
semicolon;
(IV) in clause (vii), by striking ``public schools'' and
inserting ``the schools that the children will be
attending''; and
(V) by adding at the end the following:
``(viii) the unique challenges faced by individual
programs, including those programs that are seasonal or short
term and those programs that serve rural populations; and'';
(ii) in subparagraph (C)(ii), by striking ``the date of
enactment of the Coats Human Services Reauthorization Act of
1998'' and inserting ``the date of enactment of the Head
Start Improvements for School Readiness Act''; and
(iii) by adding at the end the following:
``(D) consult with Indian tribes, American Indian and
Alaska Native experts in early childhood development,
linguists, and the National Indian Head Start Directors
Association on the review and promulgation of program
standards and measures (including standards and measures for
language acquisition and school readiness).'';
(E) by adding at the end the following:
``(4) Evaluations and corrective actions for delegate
agencies.--
``(A) Procedures.--
``(i) In general.--Subject to clause (ii), the Head Start
agency shall establish procedures relating to its delegate
agencies, including--
``(I) procedures for evaluating delegate agencies;
``(II) procedures for defunding delegate agencies; and
``(III) procedures for appealing a defunding decision
relating to a delegate agency.
``(ii) 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.
``(B) Evaluations.--Each Head Start agency--
``(i) shall evaluate its delegate agencies using the
procedures established pursuant to this section, including
subparagraph (A); and
``(ii) shall inform the delegate agencies of the
deficiencies identified through the evaluation that shall be
corrected.
``(C) 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
may--
``(i) initiate procedures to terminate the designation of
the agency unless the agency corrects the deficiency;
``(ii) conduct monthly monitoring visits to such delegate
agency until all deficiencies are corrected or the Head Start
agency decides to defund such delegate agency; and
``(iii) release funds to such delegate agency only as
reimbursements until all deficiencies are corrected or the
Head Start agency decides to defund such delegate agency.
``(D) Rule of construction.--Nothing in this paragraph
shall be construed to impact or obviate the responsibilities
of the Secretary with respect to Head Start agencies or
delegate agencies receiving funding under this subchapter.'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by striking the paragraph heading and inserting the
following:
``(2) Characteristics and use of measures.--'';
(ii) in subparagraph (B), by striking ``, not later than
July 1, 1999; and'' and inserting a semicolon;
(iii) in subparagraph (C), by striking the period and
inserting a semicolon;
(iv) by striking the flush matter following subparagraph
(C); and
(v) by adding at the end the following:
``(D) measure characteristics that are strongly predictive
(as determined on a scientific basis) of a child's school
readiness and later performance in school;
``(E) be appropriate for the population served; and
[[Page S5797]]
``(F) be reviewed not less than every 4 years, based on
advances in the science of early childhood development.
The performance measures shall include the performance
standards and additional educational standards described in
subparagraphs (A) and (B) of subsection (a)(1).'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(ii) in subparagraph (B), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(C) to enable Head Start agencies to individualize
programs of instruction to better meet the needs of the child
involved.'';
(C) by striking paragraph (4) and inserting the following:
``(4) Results-based outcome measures.--Results-based
outcome measures shall be designed for the purpose of
promoting the knowledge, skills, abilities, and development,
described in subsection (a)(1)(B)(ii), of children
participating in Head Start programs that are strongly
predictive (as determined on a scientific basis) of a child's
school readiness and later performance in school.''; and
(D) by striking paragraph (5) and inserting the following:
``(5) Additional local results-based educational measures
and goals.--Head Start agencies may establish and implement
additional local results-based educational measures and
goals.'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by inserting
``and Head Start centers'' after ``Head Start programs'';
(ii) in subparagraph (A), by striking ``such agency'' and
inserting ``Head Start center'';
(iii) by striking subparagraph (C) and inserting the
following:
``(C) Unannounced site inspections of Head Start centers
for health and safety reasons, as appropriate.'';
(iv) by redesignating subparagraph (D) as subparagraph (E);
and
(v) by inserting after subparagraph (C) the following:
``(D) Notwithstanding subparagraph (C), followup reviews,
including--
``(i) prompt return visits to agencies, programs, and
centers that fail to meet 1 or more of the performance
measures developed by the Secretary under subsection (b); and
``(ii) a review of programs with citations that include
findings of deficiencies not later than 6 months after the
date of such citation.''; and
(B) by striking paragraph (2) and inserting the following:
``(2) Conduct of reviews.--The Secretary shall ensure that
reviews described in paragraph (1)--
``(A) that incorporate a monitoring visit, may incorporate
the visit without prior notice of the visit to the agency
involved or with such limited prior notice as is necessary to
ensure the participation of parents and key staff members;
``(B) are conducted by review teams that shall include
individuals who are knowledgeable about Head Start and other
early childhood education programs and, to the maximum extent
practicable, the diverse (including linguistic and cultural)
needs of eligible children (including children with
disabilities, homeless children, and children in foster care)
and limited English proficient children and their families;
``(C) include as part of the reviews of the programs, a
review and assessment of program effectiveness, as measured
in accordance with the results-based performance measures
developed by the Secretary pursuant to subsection (b) and
with the standards established pursuant to subparagraphs (A)
and (B) of subsection (a)(1);
``(D) seek information from the communities and States
where Head Start programs exist about innovative or effective
collaborative efforts, barriers to collaboration, and the
efforts of the Head Start agencies to collaborate with the
entities carrying out early childhood education and child
care programs in the community;
``(E) include as part of the reviews of the programs, a
review and assessment of whether the programs are in
conformity with the income eligibility requirements under
section 645 and regulations promulgated under such section;
``(F) include as part of the reviews of the programs, a
review and assessment of whether programs have adequately
addressed the population and community needs (including needs
of populations of limited English proficient children and
children of migrant and seasonal farmworking families); and
``(G) include as part of the reviews of the programs, data
from the results of periodic child assessments, and a review
and assessment of child outcomes and performance as they
relate to State, local, and agency-determined school
readiness goals.'';
(4) in subsection (d)(1)--
(A) in the matter preceding subparagraph (A), by inserting
``or fails to address the community needs and strategic plan
identified in section 640(g)(2)(C),'' after ``subsection
(b),''; and
(B) in subparagraph (A), by inserting ``and identify the
technical assistance to be provided consistent with paragraph
(3)'' after ``corrected'';
(5) in subsection (e), by striking the last sentence and
inserting ``The information contained in such report shall be
made available to all parents with children receiving
assistance under this subchapter in an understandable and
uniform format, and to the extent practicable, provided in a
language that the parents can understand. Such information
shall be made widely available through public means such as
distribution through public agencies, and, at a minimum, by
posting such information on the Internet immediately upon
publication.''; and
(6) by adding at the end the following:
``(f) Self-Assessments.--
``(1) In general.--Not less frequently than once each
program year, with the consultation and participation of
policy groups and, as appropriate, other community members,
each agency receiving funds under this subchapter shall
conduct a self-assessment of the effectiveness and progress
in meeting programs goals and objectives and in implementing
and complying with Head Start program performance standards.
``(2) Report and improvement plans.--
``(A) Report.--An agency conducting a self-assessment shall
report the findings of the self-assessment to the relevant
policy council, policy committee, governing body, and
regional office of the Department of Health and Human
Services. Each self-assessment shall identify areas of
strength and weakness.
``(B) Improvement plan.--The agency shall develop 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, Early
Head Start agency, and delegate agency shall establish and
implement procedures for the ongoing monitoring of their Head
Start and Early Head Start programs, to ensure that the
operations of the programs work toward meeting program goals
and objectives and Head Start performance standards.
``(4) Training and technical assistance.--Funds may be made
available, through section 648(d)(13), for training and
technical assistance to assist agencies in conducting self-
assessments.
``(g) Reduction of Grants and Redistribution of Funds in
Cases of Under-Enrollment.--
``(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' means, with
respect to a Head Start agency for a fiscal year, that
portion of the grant derived--
``(i) from amounts reserved for use in accordance with
section 640(a)(2)(A), for a Head Start agency administering
an Indian Head Start program or migrant and seasonal Head
Start program;
``(ii) from amounts reserved for payments under section
640(a)(2)(B); or
``(iii) from amounts available under section 640(a)(2)(D)
or allotted among States under section 640(a)(4).
``(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 for current fiscal
year.--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 95 percent of its
funded enrollment, as determined under subparagraph (A),
develop, in collaboration with such agency, a plan and
timetable for reducing or eliminating under-enrollment taking
into consideration--
``(i) the quality and extent of the outreach, recruitment,
and community 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-day programs, where
needed, through Head Start funds or through collaboration
with entities carrying out other preschool or child care
programs, or programs with other funding sources (where
available);
``(v) the availability and use by families of other
preschool and child care options (including parental care) in
the local catchment area; 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
implementing the plan described in such subparagraph.
[[Page S5798]]
``(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).
``(5) Secretarial action for continued under-enrollment.--
If, 1 year after the date of implementation of the plan
described in paragraph (3)(B), the Head Start agency
continues to operate a program at less than full enrollment,
the Secretary shall, where determined appropriate, continue
to provide technical assistance to such agency.
``(6) Secretarial review and adjustment for chronic under-
enrollment.--
``(A) In general.--If, after receiving technical assistance
and developing and implementing a plan to the extent
described in paragraphs (3), (4), and (5) for 9 months, a
Head Start agency is still operating a program with an actual
enrollment that is less than 95 percent of its funded
enrollment, the Secretary may--
``(i) designate such agency as chronically under-enrolled;
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 in which the agency
is determined to be under-enrolled under paragraph (2)(B).
``(B) Waiver or limitation of reductions.--If the
Secretary, after the implementation of the plan described in
paragraph (3)(B), finds that--
``(i) the causes of the enrollment shortfall, or a portion
of the shortfall, are beyond the agency's control (such as
serving significant numbers of migrant or seasonal
farmworker, homeless, foster, or other highly mobile
children);
``(ii) the shortfall can reasonably be expected to be
temporary; or
``(iii) the number of slots allotted to the agency is small
enough that under-enrollment does not constitute a
significant shortfall, the Secretary may, as appropriate,
waive or reduce the percentage recapturing, withholding, or
reduction otherwise required by subparagraph (A).
``(C) Procedural requirements; effective date.--The actions
taken by the Secretary under this paragraph with respect to a
Head Start agency shall take effect 1 day after the date on
which--
``(i) the time allowed for appeal under section 646(a)
expires without an appeal by the agency; or
``(ii) the action is upheld in an administrative hearing
under section 646.
``(7) Redistribution of funds.--
``(A) In general.--The Secretary shall use amounts
recovered from a Head Start agency through recapturing,
withholding, or reduction under paragraph (6) in a fiscal
year--
``(i) in the case of a Head Start agency administering an
Indian Head Start program or a migrant and seasonal Head
Start program, whose base grant is derived from amounts
specified in paragraph (1)(C)(i), to redirect funds to 1 or
more agencies that--
``(I) are administering Head Start programs serving the
same special population; and
``(II) demonstrate that the agencies will use such
redirected funds to increase enrollment in their Head Start
programs in such fiscal year; or
``(ii) in the case of a Head Start agency in a State, whose
base grant is derived from amounts specified in clause (ii)
or (iii) of paragraph (1)(C), to redirect funds to 1 or more
agencies that--
``(I) are administering Head Start programs in the same
State; and
``(II) make the demonstration described in clause (i)(II).
``(B) Special rule.--If there is no agency located in a
State that meets the requirements of subclauses (I) and (II)
of subparagraph (A)(ii), the Secretary shall use amounts
described in subparagraph (A) to redirect funds to Head Start
agencies located in other States that make the demonstration
described in subparagraph (A)(i)(II).
``(C) 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 amounts under this
paragraph.''.
SEC. 9. CENTERS OF EXCELLENCE IN EARLY CHILDHOOD.
The Head Start Act is amended by inserting after section
641A (42 U.S.C. 9836a) the following:
``SEC. 641B. 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 subchapter,
including under subsection (f), 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 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 and
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 has significantly improved the school readiness
of, and enhanced academic outcomes for, children who have
participated in the program;
``(ii) evidence that the program meets or exceeds standards
and performance measures described in subsections (a) and (b)
of section 641A, as evidenced by successful completion of
programmatic and monitoring reviews, and has no findings of
deficiencies with respect to the standards and measures;
``(iii) evidence that the program is making progress toward
meeting the requirements described in section 648A;
``(iv) evidence demonstrating the existence of a
collaborative partnership among the Head Start agency, the
State (or a State agency), and other early care and education
providers in the local community involved;
``(v) a nomination letter from the Governor, or appropriate
regional office, demonstrating the agency's ability to carry
out 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 services to children
and families in the community served by the agency;
``(vi) information demonstrating the existence of a local
council for excellence in early childhood, which shall
include representatives of all the institutions, agencies,
and groups involved in the work of the center for, and the
local provision of services to, eligible children and other
at-risk children, and their families; and
``(vii) a description of how the Center, in order to expand
accessibility and continuity of quality early care and
education, will coordinate the early care and education
activities 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) other programs carried out under this subchapter,
including the Early Head Start programs carried out under
section 645A;
``(III)(aa) Early Reading First and Even Start programs
carried out under subparts 2 and 3 of part B of title I of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6371 et seq., 6381 et seq.);
``(bb) other preschool programs carried out under title I
of that Act (20 U.S.C. 6301 et seq.); and
``(cc) the Ready-to-Learn Television program carried out
under subpart 3 of part D of title II of that Act (20 U.S.C.
6775 et seq.);
``(IV) programs carried out under part C of the Individuals
with Disabilities Education Act (20 U.S.C. 1431 et seq.);
``(V) State prekindergarten programs; and
``(VI) other early care and education programs.
``(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 and seasonal Head Start program, and the Commonwealth
of Puerto Rico.
``(3) 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).
``(4) 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.--
``(1) Activities.--A center of excellence that receives a
bonus grant under subsection (b) 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;
[[Page S5799]]
``(C) to model and disseminate best practices for achieving
early academic success, including achieving school readiness
and developing prereading and premathematics skills for at-
risk children and achieving the acquisition of the English
language for limited English proficient children, and to
provide seamless service delivery for eligible children and
their families;
``(D) to further coordinate early childhood and social
services available in the community served by the center for
at-risk children (birth through age 8), their families, and
pregnant women;
``(E) to provide training and cross training for Head Start
teachers and staff, child care providers, public and private
preschool and elementary school teachers, and other providers
of early childhood services, and training and cross training
to develop agency leaders;
``(F) to provide effective transitions between Head Start
programs and elementary school, to facilitate ongoing
communication between Head Start and elementary school
teachers concerning children receiving Head Start services,
and to provide training and technical assistance to providers
who are public elementary school teachers and other staff of
local educational agencies, child care providers, family
service providers, and other providers of early childhood
services, to help the providers described in this
subparagraph increase their ability to work with low-income,
at-risk children and their families;
``(G) 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
coaches to preschool children in Head Start programs; and
``(H) 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.
``(2) Involvement of other head start agencies and
providers.--A center that receives a bonus grant under
subsection (b), in carrying out activities under this
subsection, shall work with the center's delegate agencies,
several additional Head Start agencies, and other providers
of early childhood services in the community involved, to
encourage the agencies and providers described in this
sentence to carry out model programs.
``(e) Research and Reports.--
``(1) Research.--The Secretary shall, subject to the
availability of funds to carry out this subsection, make a
grant to an independent organization to conduct research on
the ability of the centers of excellence 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
services in the communities involved to meet measurable
improvement goals, particularly in the area of school
readiness.
``(2) Report.--Not later than 48 months after the date of
enactment of the Head Start Improvements for School Readiness
Act, the organization shall prepare and submit to the
Secretary and Congress a report containing the results of the
research described in paragraph (1).
``(f) Authorization of Appropriations.--There are
authorized to be appropriated for fiscal year 2006 and each
subsequent fiscal year--
``(1) $90,000,000 to make bonus grants to centers of
excellence under subsection (b) to carry out activities
described in subsection (d);
``(2) $2,500,000 to pay for the administrative costs of the
Secretary in carrying out this section, including the cost of
a conference of centers of excellence; and
``(3) $2,000,000 for research activities described in
subsection (e).''.
SEC. 10. POWERS AND FUNCTIONS OF HEAD START AGENCIES.
Section 642 of the Head Start Act (42 U.S.C. 9837) is
amended to read as follows:
``SEC. 642. POWERS AND FUNCTIONS OF HEAD START AGENCIES.
``(a) In General.--In order 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 provided 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
provided 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 a 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 in which
that power will contribute to efficiency and effectiveness or
otherwise further program objectives.
``(b) Additional Requirements.--In order to be designated
as a Head Start agency under this subchapter, a Head Start
agency shall also--
``(1) establish a program with all standards set forth in
section 641A(a)(1), with particular attention to the
standards set forth in subparagraphs (A) and (B) of such
section;
``(2) demonstrate the capacity to serve eligible children
with scientifically based curricula and other interventions
and support services that help promote the school readiness
of children participating in the program;
``(3) establish effective procedures and provide for the
regular assessment of Head Start children, including
observational and direct formal assessment, where
appropriate;
``(4) seek the involvement of parents, area residents, and
local business in the design and implementation of the
program;
``(5) provide for the regular participation of parents and
area residents in the implementation of the program;
``(6) provide technical and other support needed to enable
such parents and area residents to secure, on their own
behalf, available assistance from public and private sources;
``(7) establish effective procedures to facilitate the
involvement of parents of participating children in
activities designed to help such parents become full partners
in the education of their children, and to afford such
parents the opportunity to participate in the development and
overall conduct of the program at the local level;
``(8) conduct outreach to schools in which Head Start
children will enroll, 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;
``(9) offer (directly or through referral to local
entities, such as entities carrying out Even Start programs
under subpart 3 of part B of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.)), to
parents of participating children, family literacy services,
and parenting skills training;
``(10) offer to parents of participating children substance
abuse and other 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;
``(11) 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 development);
``(B) assistance in developing literacy and communication
skills;
``(C) opportunities to share experiences with other parents
(including parent mentor relationships);
``(D) regular in-home visitation; or
``(E) any other activity designed to help such parents
become full partners in the education of their children;
``(12) provide, with respect to each participating family,
a family needs assessment that includes consultation with
such parents (including foster parents and grandparents,
where applicable) 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);
``(13) consider providing services to assist younger
siblings of children participating in its Head Start program,
to obtain health services from other sources;
``(14) perform community outreach to encourage individuals
previously unaffiliated with Head Start programs to
participate in its Head Start program as volunteers;
``(15)(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; and
``(B) refer eligible parents to the child support offices
of State and local governments;
``(16) provide 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; and
``(17) at the option of such 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 coaches to Head Start participants.
``(c) Progress.--
``(1) In general.--Each Head Start agency shall take steps
to ensure, to the maximum extent possible, that children
maintain the developmental and educational gains achieved in
Head Start programs and build upon such gains in further
schooling.
``(2) Coordination.--
``(A) Local educational agency.--In communities where both
public prekindergarten programs and Head Start programs
operate, a Head Start agency shall 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) Elementary schools.--Head Start staff shall, with the
permission of the parents of children enrolled in Head Start
programs, regularly communicate with the elementary schools
such children will be attending to--
[[Page S5800]]
``(i) share information about such children;
``(ii) get advice and support from the teachers in such
elementary schools regarding teaching strategies and options;
and
``(iii) ensure a smooth transition to elementary school for
such children.
``(C) Other programs.--The head of each Head Start agency
shall coordinate activities and collaborate 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.), other entities carrying
out early childhood education and development programs, and
the agencies responsible for administering section 106 of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a),
parts B and E of title IV of the Social Security Act (42
U.S.C. 620 et seq. and 670 et seq.), programs under subtitle
B of title VII of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11431 et seq.), Even Start programs under subpart
3 of part B of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6381 et seq.), and programs
under section 619 and part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.),
serving the children and families served by the Head Start
agency.
``(3) Collaboration.--A Head Start agency shall take steps
to coordinate activities 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, including--
``(A) collaborating on the shared use of transportation and
facilities;
``(B) collaborating to reduce the duplication 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.
``(4) Parental involvement.--In order to promote the
continued involvement of the parents of children that
participate in Head Start programs in the education of their
children upon transition to school, the Head Start agency
shall--
``(A) 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) take other actions, as appropriate and feasible, to
support the active involvement of the parents with schools,
school personnel, and school-related organizations.
``(d) Assessment.--Each Head Start agency shall adopt, in
consultation with experts in child development and with
classroom teachers, an assessment to be used when hiring or
evaluating any classroom teacher in a center-based Head Start
program. Such assessment shall measure whether such teacher
has mastered the functions described in section 648A(a)(1)
and attained a level of literacy appropriate to implement
Head Start curricula.
``(e) 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.
``(f) 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 community needs assessment, and the needs of
parents to be served by such agency.''.
SEC. 11. HEAD START TRANSITION.
Section 642A of the Head Start Act (42 U.S.C. 9837a) is
amended to read as follows:
``SEC. 642A. HEAD START TRANSITION AND ALIGNMENT WITH K-12
EDUCATION.
``Each Head Start agency shall take steps to coordinate
activities 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, 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, health staff,
and 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))) to facilitate
coordination of programs;
``(3) developing continuity of developmentally appropriate
curricula and practice between the Head Start agency and
local educational agency to ensure an effective transition
and appropriate shared expectations for children's learning
and development as the children make the transition to
school;
``(4) conducting meetings involving parents, kindergarten
or elementary school teachers, and Head Start teachers to
discuss the educational, developmental, and other needs of
individual children;
``(5) organizing and participating in joint training,
including transition-related training of school staff and
Head Start staff;
``(6) developing and implementing a family outreach and
support program, in cooperation with entities carrying out
parental involvement efforts under title I of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.),
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 limited English proficient parents;
``(7) 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;
``(8) linking the services provided in such Head Start
program with the education services, including services
relating to language, literacy, and numeracy, provided by
such local educational agency;
``(9) helping parents understand the importance of parental
involvement in a child's academic success while teaching the
parents strategies for maintaining parental involvement as
their child moves from the Head Start program to elementary
school;
``(10) developing and implementing a system to increase
program participation of underserved populations of eligible
children, including children with disabilities, homeless
children, children in foster care, and limited English
proficient children; and
``(11) coordinating activities and collaborating to ensure
that curricula used in the Head Start program is aligned with
State early learning standards with regard to cognitive,
social, emotional, and physical competencies that children
entering kindergarten are expected to demonstrate.''.
SEC. 12. SUBMISSION OF PLANS TO GOVERNORS.
Section 643 of the Head Start Act (42 U.S.C. 9838) is
amended--
(1) in the first sentence--
(A) by inserting ``for approval'' after ``submitted to the
chief executive officer of the State''; and
(B) by striking ``45'' and inserting ``30''; and
(2) in the last sentence, by inserting ``to Indian and
migrant and seasonal Head Start programs in existence on the
date of enactment of the Head Start Improvements for School
Readiness Act, or'' after ``other assistance''.
SEC. 13. PARTICIPATION IN HEAD START PROGRAMS.
Section 645(a) of the Head Start Act (42 U.S.C. 9840(a)) is
amended--
(1) in paragraph (1)(A), by inserting ``130 percent of''
after ``below''; and
(2) by adding at the end the following:
``(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 if 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 community needs
assessment, a Head Start agency may apply to the Secretary to
convert part-day sessions, particularly consecutive part-day
sessions, into full-day sessions.''.
SEC. 14. EARLY HEAD START PROGRAMS.
Section 645A of the Head Start Act (42 U.S.C. 9840a) is
amended--
(1) by striking the section heading and inserting the
following:
``SEC. 645A. EARLY HEAD START PROGRAMS.'';
(2) in subsection (b)--
(A) in paragraph (4), by striking ``provide services to
parents to support their role as parents'' and inserting
``provide additional services to parents to support their
role as parents (including parenting skills training and
training in basic child development)'';
(B) by redesignating paragraphs (5), (6), (7), (8), and (9)
as paragraphs (6), (7), (10), (11), and (12), respectively;
(C) by inserting after paragraph (4) the following:
``(5) where appropriate and in conjunction with services
provided under this section to the children's immediate
families (or as approved by the Secretary), provide home-
based services to family child care homes and kin caregivers
caring for infants and toddlers who also participate in Early
Head Start programs, to provide continuity in supporting the
children's physical, social, emotional, and intellectual
development;'';
(D) in paragraph (6), as redesignated by subparagraph (B)--
[[Page S5801]]
(i) by inserting ``(including home-based services)'' after
``with services''; and
(ii) by inserting ``, and family support services'' after
``health services'';
(E) by inserting after paragraph (7), as redesignated by
subparagraph (B), the following:
``(8) develop and implement a systematic procedure for
transitioning children and parents from an Early Head Start
program into a Head Start program or another local early
childhood education program;
``(9) establish channels of communication between staff of
Early Head Start programs and staff of Head Start programs or
other local early childhood education programs, to facilitate
the coordination of programs;''; and
(F) in paragraph (11), as redesignated by subparagraph
(B)--
(i) by striking ``and providers'' and inserting ``,
providers''; and
(ii) by inserting ``, and 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. 620 et seq. and 670 et
seq.)'' after ``(20 U.S.C. 1400 et seq.)'';
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``, including tribal
governments and entities operating migrant and seasonal Head
Start programs'' after ``subchapter''; and
(B) in paragraph (2), by inserting ``, including community-
based organizations'' after ``private entities'';
(4) in subsection (g)(2)(B), by striking clause (iv) and
inserting the following:
``(iv) providing professional development and personnel
enhancement activities, including the provision of funds to
recipients of grants under subsection (a), relating to--
``(I) effective methods of conducting parent education,
home visiting, and promoting quality early childhood
development;
``(II) recruiting and retaining qualified staff; and
``(III) increasing program participation for underserved
populations of eligible children.'';
(5) by adding at the end the following:
``(h) Staff Qualifications and Development.--
``(1) Center-based staff.--The Secretary shall ensure that,
not later than September 30, 2010, all teachers providing
direct services to Early Head Start children and families in
Early Head Start centers have a minimum of a child
development associate credential or an associate degree, and
have been trained (or have equivalent course work) in early
childhood development.
``(2) Home visitor staff.--
``(A) 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.
``(B) Contents.--The standards for training,
qualifications, and the conduct of home visits shall include
content related to--
``(i) structured child-focused home visiting that promotes
parents' ability to support the child's cognitive, social,
emotional, and physical development;
``(ii) effective strengths-based parent education,
including methods to encourage parents as their child's first
teachers;
``(iii) early childhood development with respect to
children from birth through age 3;
``(iv) 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;
``(v) health, vision, hearing, and developmental
screenings;
``(vi) strategies for helping families coping with crisis;
and
``(vii) the relationship of health and well-being of
pregnant women to prenatal and early child development.''.
SEC. 15. APPEALS, NOTICE, AND HEARING AND RECORDS AND AUDITS.
(a) Appeals.--Section 646(a) of the Head Start Act (42
U.S.C. 9841(a)) is amended by striking paragraphs (3) and (4)
and inserting the following:
``(3) financial assistance under this subchapter may be
terminated or reduced, and an application for funding 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
within 30 days of notice of the decision from the Secretary;
and
``(B) access to a full and fair hearing of the appeal, not
later than 120 days from receipt by the Secretary of the
notice of appeal;
``(4) the Secretary shall develop and publish procedures
(including mediation procedures) 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 Head Start Parent Policy
Councils;
``(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 pursuant to an appeal under paragraph (3),
except that such fees shall be reimbursed by the Secretary if
the agency prevails in such decision; and
``(5) the Secretary may suspend funds to a grantee for not
more than 30 days.''.
(b) Recipients.--Section 647(a) of the Head Start Act (42
U.S.C. 9842(a)) is amended by striking ``Each recipient of''
and inserting ``Each Head Start agency, Head Start center, or
Early Head Start center receiving''.
(c) Accounting.--Section 647 of the Head Start Act (42
U.S.C. 9842) is amended by adding at the end the following:
``(c) Each Head Start agency, Head Start center, or Early
Head Start center receiving financial assistance under this
subchapter shall maintain, and annually submit to the
Secretary, a complete accounting of its administrative
expenses, including expenses for salaries and compensation
funded under this subchapter and provide such additional
documentation as the Secretary may require.''.
SEC. 16. TECHNICAL ASSISTANCE AND TRAINING.
Section 648 of the Head Start Act (42 U.S.C. 9843) is
amended--
(1) in subsection (a)(2), by striking ``(b) and (c)'' and
inserting ``(b), (c), and (d)'';
(2) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively;
(3) by inserting after subsection (a) the following:
``(b) The Secretary shall make available funds set aside in
section 640(a)(2)(C)(ii) to support a regional or State
system of early childhood education training and technical
assistance that improves the capacity of Head Start programs
to deliver services in accordance with the standards
described in section 641A(a)(1), with particular attention to
the standards described in subparagraphs (A) and (B) of such
section. The Secretary shall--
``(1) ensure that agencies with demonstrated expertise in
providing high-quality training and technical assistance to
improve the delivery of Head Start services, including the
State Head Start Associations, State agencies, migrant and
seasonal Head Start programs, and other entities providing
training and technical assistance in early education, for the
region or State are included in the planning and coordination
of the system; and
``(2) encourage States to supplement the funds authorized
in section 640(a)(2)(C)(ii) with Federal, State, or local
funds other than Head Start funds, to expand training and
technical assistance activities beyond Head Start agencies to
include other providers of other early childhood services
within a region or State.'';
(4) in subsection (d), as so redesignated--
(A) in paragraph (1)(B)(ii), by striking ``educational
performance measures'' and inserting ``measures'';
(B) in paragraph (2), by inserting ``and for activities
described in section 1221(b)(3) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6371(b)(3))''
after ``children with disabilities'';
(C) in paragraph (5), by inserting ``, including assessing
the needs of homeless children and their families'' after
``needs assessment'';
(D) in paragraph (10), by striking ``; and'' and inserting
a semicolon;
(E) in paragraph (11), by striking the period and inserting
a semicolon; and
(F) by adding at the end the following:
``(12) assist Head Start agencies and programs in
increasing the program participation of homeless children;
``(13) provide training and technical assistance to members
of governing bodies to ensure that the members can fulfill
the functions described in section 641(a)(4);
``(14) provide training and technical assistance to Head
Start agencies to assist such agencies in conducting self-
assessments; and
``(15) assist Head Start agencies and Head Start programs
in improving outreach to, and quality of services available
to, limited English proficient children and their families,
including such services to help such families learn English,
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.'';
(5) in subsection (e), as so redesignated, by inserting
``including community-based organizations,'' after
``nonprofit entities'';
(6) in subsection (f), as so redesignated, by inserting
``or providing services to children determined to be abused
or neglected, training for personnel providing services to
children referred by entities providing child welfare
services or receiving child welfare services,'' after
``English language),''; and
(7) by adding at the end the following:
``(g) The Secretary shall provide, either directly or
through grants or other arrangements, funds for training of
Head Start personnel in addressing the unique needs of
migrant and seasonal farmworking families, families with
limited English proficiency, and homeless families.
``(h) Funds used under this section shall be used to
provide high quality, sustained, and intensive, training and
technical assistance in order to have a positive and lasting
impact on classroom instruction. Funds shall be used to carry
out activities related to 1 or more of the following:
``(1) Education and early childhood development.
``(2) Child health, nutrition, and safety.
``(3) Family and community partnerships.
``(4) Other areas that impact the quality or overall
effectiveness of Head Start programs.
[[Page S5802]]
``(i) Funds used under this section for training shall be
used for needs identified annually by a grant applicant or
delegate agency in its program improvement plan, except that
funds shall not be used for long-distance travel expenses for
training activities--
``(1) available locally or regionally; or
``(2) substantially similar to locally or regionally
available training activities.
``(j)(1) To support local efforts to enhance early language
and preliteracy development of children in Head Start
programs, and to provide the children with high-quality oral
language skills, and environments that are rich in
literature, in which to acquire language and preliteracy
skills, each Head Start agency, in coordination with the
appropriate State office and the relevant State Head Start
collaboration office, shall ensure that 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
assessments to improve instruction and learning. Such
training shall include training in methods to promote
phonological and phonemic awareness and vocabulary
development in an age-appropriate and culturally and
linguistically appropriate manner.
``(2) The literacy training shall be provided at the local
level in order--
``(A) to be provided, to the extent feasible, in the
context of the Head Start programs of the State involved and
the children the program serves; and
``(B) to be tailored to the early childhood literacy
background and experience of the teachers involved.
``(3) The literacy training shall be culturally and
linguistically appropriate and support children's development
in their home language.
``(4) The literacy training shall include training in how
to work with parents to enhance positive language and early
literacy development at home.
``(5) The literacy training shall include specific methods
to best address the needs of children who are English
language learners or are limited English proficient.
``(6) The literacy training shall include specific methods
to best address the needs of children who have speech and
language delays, including problems with articulation, or
have other disabilities.''.
SEC. 17. STAFF QUALIFICATION AND DEVELOPMENT.
Section 648A of the Head Start Act (42 U.S.C. 9843a) is
amended--
(1) in subsection (a)--
(A) by striking paragraph (2) and inserting the following:
``(2) Degree requirements.--
``(A) In general.--The Secretary shall ensure that--
``(i) not later than September 30, 2010, all Head Start
teachers in center-based programs have at least--
``(I)(aa) an associate degree (or equivalent coursework)
relating to early childhood; or
``(bb) an associate degree in a related educational area
and, to the extent practicable, coursework relating to early
childhood; and
``(II) demonstrated teaching competencies, as determined by
the program director involved (including, at a minimum, an
appropriate level of literacy, a demonstrated capacity to be
highly engaged with children, and a demonstrated ability to
effectively implement an early childhood curriculum); and
``(ii) not later than September 30, 2008, all Head Start
curriculum specialists and education coordinators in center-
based programs have--
``(I) the capacity to offer assistance to other teachers in
the implementation and adaptation of curricula to the group
and individual needs of a class; and
``(II)(aa) a baccalaureate or advanced degree relating to
early childhood; or
``(bb) a baccalaureate or advanced degree and coursework
equivalent to a major relating to early childhood;
``(iii) not later than September 30, 2008, all Head Start
teaching assistants 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; and
``(iv) not later than September 30, 2011--
``(I) in States that have established teacher requirements
for State prekindergarten programs, all Head Start teachers
in center-based programs--
``(aa) if such requirements are not less than those
requirements described in subclause (II), meet such teacher
requirements for State prekindergarten programs; and
``(bb) if such requirements are less than those
requirements described in subclause (II), meet the
requirements described in subclause (II); and
``(II) in States that do not have teacher requirements for
their State prekindergarten programs, 50 percent of all Head
Start teachers in each center-based program have a
baccalaureate degree relating to early childhood (or a
related educational area or a baccalaureate degree that meets
State specialized training requirements for prekindergarten
teachers, such as State licensure, endorsement, or
certification for prekindergarten or other early childhood
area), and demonstrated teaching competencies, as determined
by the program director involved (including, at a minimum, an
appropriate level of literacy, a demonstrated capacity to be
highly engaged with children, and a demonstrated ability to
effectively implement an early childhood curriculum).
``(B) Teacher in-service requirement.--Each Head Start
teacher shall attend an average of 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 for effectiveness.
``(C) Progress.--
``(i) Report.--The Secretary shall--
``(I) require Head Start agencies to--
``(aa) demonstrate continuing progress each year to reach
the result described in subparagraph (A);
``(bb) submit to the Secretary a report indicating the
number and percentage of classroom instructors in center-
based programs with child development associate credentials
or associate, baccalaureate, or graduate degrees; and
``(II) compile and submit a summary of all program reports
described in subclause (I)(bb) 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.
``(ii) Demonstrate progress.--A Head Start agency may
demonstrate progress by partnering with institutions of
higher education or other programs that recruit, train,
place, and support college students to deliver an innovative
early learning program to preschool children.
``(D) Service requirements.--The Secretary shall establish
requirements to ensure that, in order to enable Head Start
agencies to comply with the requirements of subparagraph (A),
individuals who receive financial assistance under this
subchapter to pursue a degree described in subparagraph (A)
shall--
``(i) teach or work in a Head Start program for a minimum
of 3 years after receiving the degree; or
``(ii) repay the total or a prorated amount of the
financial assistance received based on the length of service
completed after receiving the degree.''; and
(B) by striking paragraphs (3) and (4) and inserting the
following:
``(3) Waiver.--
``(A) In general.--On request, the Secretary may grant a
waiver of the postsecondary degree requirements of paragraph
(2) for 1 or more Head Start agencies, either individually,
statewide, or throughout a region, that can demonstrate--
``(i) that continuing aggressive statewide and national
efforts have been unsuccessful at recruiting an individual to
serve as a Head Start teacher or curriculum specialist or
education coordinator who meets the requirements of paragraph
(2)(A);
``(ii) limited access to degree programs (including quality
distance learning programs), due to the remote location of
the program involved; or
``(iii) that Head Start staff members are, as of the day
the waiver is granted, enrolled in a program that--
``(I) grants the required degree; and
``(II) will be completed within 1 year.
``(B) Limitation.--An agency that receives a waiver under
subparagraph (A) shall ensure that Head Start teachers for
the agency, as of the day the waiver is granted, who have not
met the postsecondary degree requirements of paragraph (2)
but are otherwise highly qualified and competent shall be
directly and appropriately supervised by a teacher who has
met or exceeded the requirements of this subchapter.
``(C) Duration.--The Secretary may not grant a waiver under
subparagraph (A) for a period that exceeds 1 year.'';
(2) in subsection (c)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(4) promote the use of appropriate strategies to meet the
needs of special populations (including limited English
proficient populations).'';
(3) in subsection (d)(3)(C) by inserting ``, including a
center,'' after ``any agency''; and
(4) by adding at the end the following:
``(f) Professional Development Plans.--Every Head Start
agency and center shall create, in consultation with
employees of the agency or center (including family service
workers), a professional development plan for employees who
provide direct services to children, including a plan for
classroom teachers, curriculum specialists, and education
coordinators to meet the requirements set forth in subsection
(a).''.
SEC. 18. TRIBAL COLLEGES AND UNIVERSITIES HEAD START
PARTNERSHIP.
The Head Start Act (42 U.S.C. 9831 et seq.) is amended by
inserting after section 648A the following:
``SEC. 648B. TRIBAL COLLEGE OR UNIVERSITY HEAD START
PARTNERSHIP PROGRAM.
``(a) Purpose.--The purpose of this section is to promote
social competencies and school readiness in Indian children.
``(b) Tribal College or University Head Start Partnership
Program.--
``(1) Grants.--The Secretary is authorized to award grants,
for periods of not less than 5 years, to Tribal Colleges and
Universities to--
``(A) implement education programs that include education
concerning tribal culture and language and increase the
number of associate, baccalaureate, and graduate degrees
[[Page S5803]]
in early childhood education and related fields that are
earned by Indian Head Start agency staff members, parents of
children served by such an agency, and members of the tribal
community involved;
``(B) develop and implement the programs under subparagraph
(A) in technology-mediated formats, including providing the
programs through such means as distance learning and use of
advanced technology, as appropriate; and
``(C) provide technology literacy programs for Indian Head
Start agency staff members and children and families of
children served by such an agency.
``(2) Staffing.--The Secretary shall ensure that the
American Indian Programs Branch of the Head Start Bureau of
the Department of Health and Human Services shall have
staffing sufficient to administer the programs under this
section and to provide appropriate technical assistance to
Tribal Colleges and Universities receiving grants under this
section.
``(c) Application.--Each Tribal College or University
desiring a grant under this section shall submit an
application to the Secretary, at such time, in such manner,
and containing such information as the Secretary may require,
including a certification that the Tribal College or
University has established a partnership with 1 or more
Indian Head Start agencies for the purpose of conducting the
activities described in subsection (b).
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section,
$10,000,000 for fiscal year 2006 and such sums as may be
necessary for each of fiscal years 2007 through 2010.
``(e) Definitions.--In this section:
``(1) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
``(2) Tribal college or university.--The term `Tribal
College or University'--
``(A) has the meaning given such term in section 316 of the
Higher Education Act of 1965 (20 U.S.C. 1059c); and
``(B) means an institution determined to be accredited or a
candidate for accreditation by a nationally recognized
accrediting agency or association.''.
SEC. 19. RESEARCH, DEMONSTRATIONS, AND EVALUATION.
Section 649 of the Head Start Act (42 U.S.C. 9844) is
amended--
(1) in subsection (a)(1)(B), by inserting ``and children
determined to be abused or neglected'' after ``children with
disabilities'';
(2) in subsection (d)--
(A) in paragraph (8), by adding ``and'' after the
semicolon;
(B) by striking paragraph (9);
(C) by redesignating paragraph (10) as paragraph (9); and
(D) by striking the last sentence;
(3) in subsection (g)--
(A) in paragraph (1)(A)--
(i) by striking clause (i); and
(ii) by redesignating clauses (ii) and (iii) as clauses (i)
and (ii), respectively; and
(B) in paragraph (7)(C)--
(i) in clause (i)(I), by striking ``2003'' and inserting
``2007''; and
(ii) in clause (ii), by striking ``Labor and Human
Resources'' and inserting ``Health, Education, Labor, and
Pensions''; and
(4) by striking subsection (h) and inserting the following:
``(h) National Academy of Sciences Study.--
``(1) In general.--The Secretary shall enter into a
contract with the Board on Children, Youth, and Families of
the National Research Council, the Board on Testing and
Assessments, and the Institute of Medicine, of the National
Academy of Sciences to establish an independent panel of
experts to review and synthesize research and theories in the
social, behavioral, and biological sciences regarding early
childhood, and make recommendations with regard to each of
the following:
``(A) Age- and developmentally appropriate Head Start
academic requirements and outcomes, including the standards
described in section 641A(a)(1)(B)(ii).
``(B) Differences in the type, length, mix, and intensity
of services that are necessary to ensure that children from
challenging family or social backgrounds (including low-
income children, children with disabilities, and limited
English proficient children) enter kindergarten ready to
succeed.
``(C) Appropriate assessments of young children for the
purposes of improving instruction, services, and program
quality, including--
``(i) formal and systematic observational assessments in a
child's natural environment;
``(ii) assessments of children's development through parent
and provider interviews;
``(iii) appropriate accommodations for children with
disabilities and limited English proficient children;
``(iv) appropriate assessments for children with
disabilities, limited English proficient children, and
children from different cultural backgrounds; and
``(v) other assessments used in Head Start programs.
``(D) Identification of existing, or recommendations for
the development of, scientifically based, valid and reliable
assessments that are capable of measuring child outcomes in
the domains important to school readiness, including language
skills, prereading ability, premathematics ability, cognitive
ability, scientific ability, social and emotional
development, and physical development;
``(E) Appropriate use and application of valid and reliable
assessments for Head Start programs identified in accordance
with subparagraph (D).
``(2) Composition.--
``(A) In general.--The panel described in paragraph (1)
shall consist of multiple experts in each of the following
areas:
``(i) Child development (including cognitive, social,
emotional, and physical development) and child education
(including approaches to learning).
``(ii) Professional development, including preparation of
individuals who teach young children.
``(iii) Assessment of young children (including children
with disabilities and limited English proficient children),
including screening, diagnostic, and classroom-based
instructional assessment.
``(B) Representatives.--The panel described in paragraph
(1) shall be selected and appointed by the National Academy
of Sciences, after consultation with the Secretary of Health
and Human Services.
``(3) Timing.--
``(A) Establishment.--Not later than 90 days after the date
of enactment of the Head Start Improvements for School
Readiness Act, the Board on Children, Youth, and Families of
the National Research Council, the Board on Testing and
Assessments, and the Institute of Medicine, of the National
Academy of Sciences shall establish the panel described in
paragraph (1), including selecting and appointing the members
of the panel. Representatives described in paragraph (2)
shall be selected and appointed after consultation with the
Secretary.
``(B) Recommendations.--Not later than 1 year after the
panel described in paragraph (1) is established, the panel
shall complete, and submit to the Secretary a report
containing, the recommendations described in paragraph (1).
The Secretary shall not implement the amendments made to
section 641A(a)(1)(B)(ii) by the Head Start Improvements for
School Readiness Act until the panel submits the report.
``(4) Application of panel report.--The Secretary shall use
the results of the review and recommendations described in
paragraph (1) to (where appropriate) develop, inform, and
revise--
``(A) the educational standards, and the performance
measures, described in section 641A; and
``(B) the assessments utilized in the Head Start programs.
``(i) Services to Limited English Proficient Children and
Families.--
``(1) Study.--The Secretary shall conduct a study on the
status of limited English proficient children and their
families in Head Start or Early Head Start programs.
``(2) Report.--The Secretary shall prepare and submit to
Congress, not later than September 2009, 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 or Early Head Start
services and the geographic distribution of children
described in this subparagraph;
``(B) the nature of Head Start or 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 for the assessment
of language needs and the transition of limited English
proficient children to kindergarten, including the extent to
which Head Start programs meet the requirements of section
642A for limited English proficient children;
``(D) the qualifications and training provided to Head
Start and Early Head Start teachers serving limited English
proficient children and their families;
``(E) the rate of progress made by limited English
proficient children and their families in Head Start programs
and Early Head Start programs, including--
``(i) the rate of progress of the limited English
proficient children toward meeting the additional educational
standards described in section 641A(a)(1)(B)(ii) while
enrolled in Head Start programs, measured between 1990 and
2004;
``(ii) the correlation between such progress and the type
of instruction and educational program provided to the
limited English proficient children; and
``(iii) the correlation between such progress and the
health and family services provided by Head Start programs to
limited English proficient children and their families; and
``(F) the extent to which Head Start programs make use of
funds under section 640(a)(3) to improve the quality of Head
Start services provided to limited English proficient
children and their families.''.
SEC. 20. REPORTS.
Section 650 of the Head Start Act (42 U.S.C. 9846) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``Labor and Human Resources'' and inserting ``Health,
Education, Labor, and Pensions'';
(B) in paragraph (8), by inserting ``homelessness, children
in foster care, children who are abused or neglected,'' after
``ethnic background,''; and
[[Page S5804]]
(C) in the flush matter at the end by striking ``Labor and
Human Resources'' and inserting ``Health, Education, Labor,
and Pensions''; and
(2) in subsection (b), by striking ``Labor and Human
Resources'' and inserting ``Health, Education, Labor, and
Pensions''.
SEC. 21. COMPARABILITY OF WAGES.
Section 653 of the Head Start Act (42 U.S.C. 9848) is
amended--
(1) by striking ``The Secretary shall take'' and inserting
``(a) The Secretary shall take'';
(2) in the first sentence of subsection (a), by striking
``or (2)'' and inserting ``(2) in excess of the salary of the
Secretary, in the case of an individual compensated with
funds awarded under this subchapter or the Community Services
Block Grant Act (42 U.S.C. 9901 et seq.); or (3)''; and
(3) by adding at the end the following:
``(b) If in any fiscal year the restriction described in
subsection (a)(2) is violated, the Secretary shall withhold
from the base grant of the Head Start agency involved (as
defined in section 641A(g)(1)) for the next fiscal year, an
amount equal to the aggregate amount by which the salary that
resulted in the violation exceeded the salary of the
Secretary.''.
SEC. 22. LIMITATION WITH RESPECT TO CERTAIN UNLAWFUL
ACTIVITIES.
Section 655 of the Head Start Act (42 U.S.C. 9850) is
amended by inserting ``or in'' after ``assigned by''.
SEC. 23. POLITICAL ACTIVITIES.
Section 656 of the Head Start Act (42 U.S.C. 9851) is
amended--
(1) by striking all that precedes ``chapter 15'' and
inserting the following:
``SEC. 656. POLITICAL ACTIVITIES.
``(a) State or Local Agency.--For purposes of''; and
(2) by striking subsection (b) and inserting the following:
``(b) Restrictions.--
``(1) In general.--A program assisted under this
subchapter, and any individual employed by, or assigned to, a
program assessed 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;
``(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.
``(2) 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.''.
SEC. 24. PARENTAL CONSENT REQUIREMENT FOR HEALTH SERVICES.
The Head Start Act (42 U.S.C. 9831 et seq.) is amended by
adding at the end the following new section:
``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 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, or
referral for, any health care service provided or arranged to
be provided, including 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.''.
____________________