[House Report 109-229]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-229

======================================================================



 
 PROVIDING FOR CONSIDERATION OF H.R. 2123, SCHOOL READINESS ACT OF 2005

                                _______
                                

 September 21, 2005.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Bishop of Utah, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 455]

    The Committee on Rules, having had under consideration 
House Resolution 455, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 2123, the 
School Readiness Act of 2005, under a structured rule. The rule 
provides one hour of general debate equally divided and 
controlled by the chairman and ranking minority member of the 
Committee on Education and the Workforce. The rule waives all 
points of order against consideration of the bill.
    The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on Education and the 
Workforce now printed in the bill shall be considered as an 
original bill for the purpose of amendment and shall be 
considered as read.
    The rule makes in order only those amendments printed in 
this report. The rule provides that the amendments printed in 
this report may be considered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for a division 
of the question in the House or in the Committee of the Whole. 
The rule waives all points of order against the amendments 
printed in this report. The rule provides one motion to 
recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    The Committee is not aware of any points of order against 
consideration of the bill. The waiver of all points of order 
against consideration of the bill is prophylactic in nature.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 120

    Date: September 21, 2005.
    Measure: H.R. 2123, School Readiness Act of 2005.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Davis of Illinois which provides stipends for each teacher with 
Associate's or Bachelor's degrees in early childhood education, 
increasing their salaries based upon their level of educational 
attainment, and scholarships for teachers working to earn their 
post-secondary degree in early childhood education.
    Results: Defeated 4 to 8.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Bishop--Nay; Gingrey--
Nay; Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; 
Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 121

    Date: September 21, 2005.
    Measure: H.R. 2123, School Readiness Act of 2005.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
McCollum which authorizes the appropriation of $10 million for 
competitive grants to Head Start grantees that need assistance 
in complying with Congressional transportation mandates 
specific to Head Start and for assistance with the rising cost 
of gasoline prices.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by sponsors)
    1. Castle: Manager's Amendment. Revises the financial audit 
language in Section 17 to ensure that financial audit 
requirements for Head Start programs are consistent with those 
required under the Single Audit Act Amendments of 1986. 
Specifically extends to 270 days the time frame for completing 
program audits; clarifies that, upon the availability of 
resources, audit partners (not auditors) must be rotated every 
5 years; and waives the board selection of a certified public 
accountant when public auditors are assigned by State law. In 
addition the amendment builds on parental consent requirements 
included in H.R. 2123 as reported, to further clarify that any 
health service available to children in Head Start may not be 
performed without the prior written consent of the parent. 
Health services include but are not limited to any medical, 
dental, developmental, mental health, social, or behavioral 
screening. Parents must consent to each individual health 
service before a health service is administered by a Head Start 
or Early Head Start program. Technical, Clarifying, and 
Conforming Amendments includes a number of technical and 
conforming amendments, including language to: make consistent 
language for special populations (migrant and seasonal Head 
Start and Indian Head Start programs); correct the order of 
Sections 10 and 11 (Sections 642A and 642B of the Act) in the 
reported bill; require Head Start applicants as part of their 
plan for local collaboration, to describe plans to work with 
private entities and charter schools offering pre-kindergarten; 
and require either the chair of the parent policy council or a 
designee as approved by the council, to sit on the agency's 
Head Start governing board. (10 minutes)
    2. Souder: Restores the current joint governance structure 
of the Head Start program by allowing the policy councils 
(which are composed of 51 percent current Head Start parents 
and 49 percent community representatives) to approve or 
disapprove most program planning and operation activities along 
with the board of directors. In the event of an impasse, the 
board and policy council would enter into a mediation process 
with a third party--as under current regulations. Gives the 
board the discretionary authority to act unilaterally without 
policy council approval in all cases involving serious fiscal 
management, fraud or criminal activity. (10 minutes)
    3. DeLauro: Allows Head Start centers to develop or 
maintain partnerships with institutions of higher education and 
non-profit organizations to support college students that serve 
as mentors and reading coaches to preschool children. (10 
minutes)
    4. Stearns: In section 18, includes ``Children with 
Disabilities,'' in the list of areas for training to be 
provided by the Secretary of Education. (10 minutes)
    5. Davis (IL): Directs the Secretary to implement an 
outreach program to train and recruit African-American and 
Latino-American men to become Head Start teachers in order to 
increase the provision of quality services and instructions to 
children with diverse backgrounds.) (10 minutes)
    6. Kind: Suspends further implementation of the National 
Reporting System while the National Academy of Sciences (NAS) 
conducts a review and provides guidance on appropriate child 
outcomes and assessments for young children, as authorized in 
H.R. 2123. (10 minutes)
    7. Mica: Directs the Secretary of HHS to undergo a 
management reform initiative. Requires HHS to utilize an 
outside management consulting firm to recommend and support the 
implementation of internal reforms to improve the Head Start 
Bureau's operational effectiveness. (10 minutes)
    8. Filner: Initiates a study to assess the impact of new 
Head Start teacher qualification and development regulations 
upon teacher retention. (10 minutes)
    9. Millender-McDonald: Encourages Head Start grantees to 
reduce barriers by directing them to increase their outreach to 
homeless and foster children. Encourages coordination between 
Head Start grantees and community service providers and 
homeless and foster children. Increases coordination for these 
populations as they transition out of Head Start to elementary 
school and increase reporting requirements. Allows homeless 
children and foster children to be automatically eligible for 
Head Start. (10 minutes)
    10. Musgrave: Allows for profit providers of Head Start 
services to take profit from 15% administrative account. (10 
minutes)
    11. Thompson (MS): Directs the Secretary of Health and 
Human Services to assist Head Start programs in areas affected 
by Hurricane Katrina. Requires the Secretary to provide 
additional technical assistance, guidance, and resources to 
Head Start agencies in affected areas, waives documentation 
requirements for six months, and provides the Secretary with 
waiver authority to exempt programs from providing their local 
match. (10 minutes)
    12. Boustany: Provides hiring protections for faith-based 
Head Start providers. This language is the same as the language 
from H.R. 2210 as passed by the House in the 108th Congress. 
(30 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Castle of Delaware, or 
                 His Designee, Debatable for 10 Minutes

  Page 8, line 23, insert ``and''.
  Page 9, line 2, strike ``and''.
  Page 9, strike lines 3 and 4.
  Page 9, line 15, before the semicolon insert ``, as 
appropriate''.
  Page 12, line 10, strike the closing quotation mark and the 
period that follows.
  Page 12, after line 10, insert the following:

            ``(27) the term `auditor' means a certified public 
        accountant or a Federal, State, or local government 
        audit organization, which meets the general standards 
        specified in generally accepted government auditing 
        standards.''.

  Page 13, line 25, insert ``(including under any decision made 
by the Secretary under clause (ii) or (iv))'' before the 
semicolon.
  Page 14, line 10, strike ``648(j)'' and insert ``648(i)''.
  Page 15, line 2, after ``children'' insert ``based on the 
data collected, and in accordance with the requirements of, 
section 648(i), except that no future reduction in funding 
shall result in the termination of Head Start services provided 
to any eligible child 3 years of age or older who is 
participating in any such program on the date a reduction in 
funding occurs, and shall, to the extent possible, continue 
participation for children less than 3 years of age receiving 
services prior to such reduction in funding''.
  Page 26, line 22, strike ``and''.
  Page 28, line 9, insert ``, other State and local agencies 
administering the State prekindergarten program, as 
applicable,''.
  Page 35, line 3, insert ``and developmentally'' after 
``age''.
  Page 37, line 1, strike ``Progress'' and insert ``progress''.
  Page 38, line 13, strike ``research,'' and insert ``re-
search''.
  Page 40, line 10, after ``health,'' insert ``providers of 
early childhood education,''.
  Page 46, line 25, before the semicolon insert ``, including 
private entities and charter schools offering pre-
kindergarten''.
  Page 49, line 7, strike ``and'' after the semicolon.
  Page 49, after line 7, insert the following:

                            ``(VI) approaches to learning 
                        related to child development and early 
                        learning; and

  Page 49, line 8, strike ``(VI)'' and insert ``(VII)''.
  Page 54, line 12, before the semicolon insert ``as 
appropriate''.
  Page 62, beginning in line 11, strike ``the program of a Head 
Start agency,'' and insert ``a Head Start program,'' .
  Page 62, beginning in line 13, strike ``and reported by the 
agency (as required in paragraph (2))''.
  Page 67, line 9, strike ``and (5)'' and insert ``(5), and 
(6)''.
  Page 67, line 16, strike ``by,'' and insert ``by''.
  Page 69, line 1, strike ``(6)'' and insert ``(7)''.
  Page 72, line 14, after ``chair of'' insert ``(or the 
designee of the chair, approved by)''.
  Page 74, line 2, insert ``except when the auditor is assigned 
by the State under State law'' before the semicolon.
  Page 76, line 2, strike ``committee'' and insert ``council''.
  Page 76, line 3, strike ``committee'' and insert ``council''.
  Page 80, line 13, insert ``to'' before ``refer''.
  Page 80, line 15, insert ``To'' before ``provide''.
  Page 85, beginning in line 6, strike ``as appropriate'' and 
insert ``, as appropriate,''.
  Page 86, line 6, strike ``socio-emotional skills,'' and 
insert ``socio-emotional development,''.
  Page 87, after line 20, insert the following:

SEC. 10. HEAD START ALIGNMENT WITH K-12 EDUCATION.

  Section 642A of the Head Start Act (42 U.S.C. 9837a) is 
amended--
          (1) by amending the heading to read as follows:

``SEC. 642A. HEAD START ALIGNMENT WITH K-12 EDUCATION.'';

          (2) in paragraph (2)--
                  (A) by inserting ``ongoing'' after 
                ``establishing''; and
                  (B) by inserting ``McKinney-Vento liaisons as 
                established 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,'';
          (3) by redesignating paragraphs (3) through (7) as 
        paragraphs (5) through (9), respectively; and
          (4) by inserting the following after paragraph (2):
          ``(3) developing continuity of developmentally 
        appropriate curricula between Head Start and local 
        educational agencies to ensure an effective transition 
        and appropriate shared expectations for children's 
        learning and development as they make such transition 
        to school;
          ``(4) organizing and participating in joint training, 
        including transition-related training for school staff 
        and Head Start staff;'';
          (5) by amending paragraph (7), as so redesignated, to 
        read as follows:
          ``(7) 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 
        and family outreach and support efforts under subtitle 
        B of title VII of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11431-11435);'';
          (6) in paragraph (8), as so redesignated--
                  (A) by inserting ``and continuity in parental 
                involvement activities'' after ``developmental 
                continuity''; and
                  (B) by striking ``and'' at the end;
          (7) by amending paragraph (9), as so redesignated, to 
        read as follows:
          ``(9) 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;''; and
          (8) by adding at the end the following:
          ``(10) helping parents (including grandparents and 
        kinship caregivers, as appropriate) to understand the 
        importance of parental involvement in a child's 
        academic success while teaching them strategies for 
        maintaining parental involvement as their child moves 
        from Head Start to elementary school;
          ``(11) developing and implementing a system to 
        increase program participation of underserved 
        populations of eligible children; and
          ``(12) coordinating activities and collaborating to 
        ensure that curricula used in the Head Start program is 
        aligned with--
                  ``(A) State early learning standards with 
                regard to cognitive, social, emotional, and 
                physical competencies that children entering 
                kindergarten are expected to demonstrate; and
                  ``(B) the Head Start Child Outcomes Framework 
                developed by the Secretary.''.

  Page 87, line 21, strike ``10'' and insert ``11''.
  Page 88, line 10, strike ``Standards'' and insert 
``standards''.
  Page 90, line 21, after ``into'' insert ``within 30 days''.
  Page 96, strike line 6 and all that follows through page 98, 
line 21.

  Page 105, strike line 6 and all that follows through page 
106, line 3, and insert the following:

``SEC. 645B. PARENTAL CONSENT REQUIREMENT FOR HEALTH CARE SERVICES, 
                    INCLUDING NONEMERGENCY INTRUSIVE PHYSICAL 
                    EXAMINATIONS.

  ``(a) Definitions.--For purposes of this section:
          ``(1) The term `health care service' includes--
                  ``(A) any nonemergency intrusive physical 
                examination; and
                  ``(B) any screening, included but not limited 
                to, a medical, dental, developmental, mental 
                health, social, or behavioral screening.
          ``(2) The term `nonemergency intrusive physical 
        examination' means, with respect to a child, a physical 
        examination that--
                  ``(A) is not immediately necessary to protect 
                the health or safety of such child, or the 
                health or safety of another individual; and
                  ``(B) includes incision or is otherwise 
                invasive, or includes exposure of private body 
                parts.
  ``(b) Requirement.--Before administering any health care 
service to a child (or referring a child to obtain such 
service) in connection with participation in a program under 
this subchapter, a Head Start agency or an entity that receives 
assistance under section 645A shall obtain the informed written 
consent of a parent of such child indicating consent for each 
specific health care service to be performed.
  ``(c) Rules of Construction.--
          ``(1) Nothing in this section shall be construed to 
        prohibit a Head Start agency or an entity that receives 
        assistance under section 645A from using established 
        methods for handling cases of suspected or known child 
        abuse or neglect that are in compliance with applicable 
        Federal, State, or tribal law.
          ``(2) Nothing in this subchapter shall be construed 
        to permit a Head Start agency, an entity that receives 
        assistance under section 645A, or the personnel of such 
        agency or entity to administer any health care service 
        to a child (or to refer a child to obtain such service) 
        without the informed written consent of a parent of 
        such child indicating consent for each specific health 
        care service to be performed.
          ``(3) Nothing in this section shall be construed to 
        require a Head Start agency or an entity that receives 
        assistance under section 645A to provide separate 
        consent forms for each specific health care service.''.

  Page 106, line 20 through page 108 line 2, strike section 17 
and insert the following:

SEC. 17. AUDITS.

  Section 647 of the Head Start Act (42 U.S.C. 9842) is amended 
by adding at the end the following:
  ``(c)(1) Not later than 270 days after the end of each fiscal 
year, each Head Start agency and each entity that receives 
assistance under section 645A shall, with financial assistance 
provided by this subchapter--
          ``(A) undergo a single audit under the requirements 
        of the Single Audit Act and submit its financial 
        statement audit and compliance audit of Federal 
        assistance to the Secretary and to the Federal Audit 
        Clearinghouse an independent financial audit of the 
        Head Start program if subject to the Single Audit Act 
        Amendments of 1996; or
          ``(B) undergo a financial statement audit in 
        accordance with the generally accepted government 
        auditing standards issued by the American Institute of 
        Certified Public Accountants and Government Auditing 
        Standards issued by the Comptroller General of the 
        United States, if not subject to the Single Audit Act.
  ``(2) Audits described in subparagraph (A) and (B) shall be 
carried out by an auditor selected through a competitive 
process by the board described in section 642(b)(4) except when 
conducted by the State auditor as required by State law.
  ``(3) No audit partner shall perform audits of such agency 
for a period exceeding 5 consecutive fiscal years except when 
such agency notifies the Secretary that rotation is not 
possible because an alternate audit partner is not available or 
would present a significant challenge to the agency.
  ``(4) Not later than 60 days after receiving such audit, the 
Secretary shall provide to such agency or such entity, and to 
the chief executive officer of the State in which such program 
is operated, a notice identifying the actions such agency or 
such entity is required to take to correct all deficiencies 
identified in such audit.
  ``(d) Each recipient of financial assistance under this 
subchapter shall--
          ``(1) maintain, and annually submit to the Secretary, 
        a complete accounting of its administrative expenses 
        (including a detailed statement identifying the amount 
        of financial assistance provided under this subchapter 
        used to pay expenses for salaries and compensation and 
        the amount (if any) of other funds used to pay such 
        expenses); and
          ``(2) provide such additional documentation as the 
        Secretary may require.''.

  Page 111, line 5, insert ``and Indian Head Start programs'' 
after ``programs''.
  Page 111, line 6, insert ``the Indian Head Start 
Collaboration Director,'' after ``Collaboration,''.
  Page 111, line 7, insert ``, including tribal governments'' 
after ``appropriate entities''.
  Page 111, line 10, insert ``and Indian'' after ``seasonal''.
  Page 111, line 15, insert ``and Indian'' after ``seasonal''.
  Page 111, line 22, insert ``and American Indian and Alaska 
Native students'' before the period.
  Page 112, line 14, insert ``American Indian and Alaska Native 
children'' after ``farmworkers,''.
  Page 112, line 22, insert ``and Indian'' after ``seasonal''.
  Page 113, line 1, insert ``by the Indian Head Start 
Collaboration Project Director,'' after ``Director,''.
  Page 116, line 20, strike ``(7)'' and insert ``(8)''.
  Page 116, line 22, strike ``(8)'' and insert ``(9)''.
  Page 116, line 24, strike ``(9)'' and insert ``(10)''.
  Page 122, line 22, strike line 21 through page 123, line 6, 
and insert the following:

          (1) by amending the first sentence to read as 
        follows: ``At least once during every 2-year period, 
        the Secretary shall prepare and submit, to the 
        Committee on Education and the Workforce of the House 
        of Representatives and the Committee on Health, 
        Education, Labor and Pensions of the Senate, a report 
        concerning the status of children (including disabled, 
        homeless, and limited English proficient children) in 
        Head Start programs, including the number of children 
        and the services being provided to such children.''; 
        and
                              ----------                              


 2. An Amendment To Be Offered by Representative Souder of Indiana, or 
                 His Designee, Debatable for 10 Minutes

    Strike page 71, line 22 through page 77, line 13, and 
insert the following:

          ``(4) Implement a system of shared governance for 
        oversight of the Head Start program, which includes the 
        following:
                  ``(A) An independent board of directors 
                selected from among eligible individuals who 
                shall serve on the board of directors (or may 
                designate an existing entity whose members are 
                eligible individuals, that shall be such board) 
                for a period not to exceed 5 years, except that 
                board members who oversee a public entity and 
                who are selected by election (or members of a 
                board of a local educational agency or a local 
                council, appointed by an elected official or an 
                official of a general purpose local 
                government), may serve for such period as may 
                be determined by the electing or appointing 
                authority, as the case may be. An individual 
                who has a conflict of interest is ineligible to 
                serve as a member of the board of directors. 
                Members of the board of all nonpublic entities 
                shall include representatives of the local 
                community (including at least 1 member with 
                significant financial management or accounting 
                experience and the chair of the council 
                described in section 642(b)(4)(B)). Additional 
                members shall be selected for their expertise 
                in education, business administration, 
                community affairs, government, legal affairs, 
                and such other areas of expertise as may 
                contribute to effective governance of the Head 
                Start agency. All members of the board of 
                directors shall adopt practices that assure 
                active, independent and informed governance of 
                the Head Start agency, including independent 
                oversight of the financial and management 
                practices of such agency. The board of 
                directors shall provide direction to the 
                executive director of the Head Start agency and 
                shall operate as an entity independent of staff 
                employed by the Head Start agency, entity, or 
                applicant and have the following duties and 
                responsibilities:
                          ``(i) To provide independent 
                        oversight to ensure that the Head Start 
                        agency under the direction of the 
                        executive director is delivering high 
                        quality services to children and 
                        families in compliance with all 
                        applicable standards in effect under 
                        this subchapter and with the applicable 
                        performance measures established by the 
                        Secretary under section 644.
                          ``(ii) To establish 1 or more 
                        standing committees to facilitate 
                        governance of the Head Start agency 
                        which shall include the following: an 
                        audit and finance committee whose 
                        primary responsibility shall be--
                                  ``(I) to approve annually the 
                                operating budget of the Head 
                                Start agency;
                                  ``(II) to review and 
                                recommend to the board of 
                                directors the selection of 
                                independent auditors who shall 
                                report all critical accounting 
                                policies and practices to the 
                                finance and audit committee;
                                  ``(III) to review and 
                                recommend to the board of 
                                directors the termination or 
                                extension of the existing audit 
                                firm at least once every 5 
                                years;
                                  ``(IV) to review and advise 
                                the board of directors of the 
                                audit management letter 
                                provided pursuant to the 
                                chapter 75 of title 31 of the 
                                United States Code, and of any 
                                audit findings; and
                                  ``(V) to monitor agency 
                                actions to correct any such 
                                audit findings or other actions 
                                necessary to comply with 
                                applicable laws (including 
                                regulations) governing 
                                financial statements and 
                                accounting practices.
                          ``(iii) To approve the selection and 
                        dismissal of the Head Start director, 
                        and to review annually the human 
                        resources available to ensure the 
                        effective operation of the Head Start 
                        agency.
                          ``(iv) To consult on a regular basis, 
                        with the policy council and to take 
                        actions on recommendations submitted by 
                        such council.
                          ``(v) To review and approve the major 
                        operational policies of the Head Start 
                        agency, including policies addressing 
                        accounting, financial management, 
                        procurement, record confidentiality, 
                        and personnel (including specific 
                        standards governing salaries,salary 
adjustments, travel and per diem allowances, and other employee 
benefits);
                          ``(vi) To ensure that the Head Start 
                        agency is operated in compliance with 
                        applicable Federal, State, and local 
                        laws (including regulations), and to 
                        monitor agency implementation of any 
                        corrective action necessary to comply 
                        with applicable laws (including 
                        regulations);
                          ``(vii) To oversee the program 
                        planning of the Head Start agency, 
                        including adoption of the Head Start 
                        agency philosophy and mission 
                        statement, adoption of policies for 
                        determining community needs, setting 
                        long- and short-range goals and 
                        objectives, establishment of criteria 
                        for selecting families in Head Start 
                        programs or Early Head Start programs, 
                        and to oversee and approve the agency's 
                        applications to receive funds made 
                        available under this subchapter; and
                          ``(viii) To establish, to adopt, and 
                        to periodically update written 
                        standards of conduct that establish 
                        standards and formal procedures for 
                        disclosing, addressing and resolving--
                                  ``(I) any conflict of 
                                interest, and any appearance of 
                                a conflict of interest by board 
                                members, officers, employees, 
                                consultants, and agents who 
                                provide services or furnish 
                                goods to the Head Start agency; 
                                and
                                  ``(II) complaints, including 
                                investigations, when 
                                appropriate.
                          ``(ix) To develop processes, in 
                        consultation with the policy council, 
                        to resolve internal disputes in the 
                        instance when the board of directors 
                        and the policy council have reached an 
                        impasse on an issue of dispute relative 
                        to matters of joint governance.
                          ``(x) In all matters of serious 
                        fiscal mismanagement, fraud, or 
                        criminal activity, the board of 
                        directors will have discretionary 
                        authority to act unilaterally without 
                        policy council approval.
                  ``(B) A policy council, a majority of whose 
                representatives shall be parents of children 
                participating in a Head Start program or in an 
                Early Head Start program, or of children who 
                participated in an Early Head Start program in 
                the then most recent 5-year period preceding 
                the selection of the particular representative 
                involved, and whose primary responsibilities 
                shall be to serve as a link between parents and 
                the board of directors and to share joint 
                responsibilities with the board of directors in 
                making recommendations and approving or 
                disapproving the following program planning and 
                operation activities:
                          ``(i) Program planning, including--
                                  ``(I) program design and 
                                management, including long- and 
                                short-term planning goals, all 
                                funding applications and 
                                amendments to funding 
                                applications and objectives 
                                based on the annual community 
                                assessment and self-assessment;
                                  ``(II) program recruitment, 
                                selection, and enrollment 
                                priorities;
                                  ``(III) budget planning for 
                                program expenditures, including 
                                policies for reimbursement and 
                                participation in policy council 
                                activities; and
                                  ``(IV) the operating budget 
                                of the Head Start agency.
                          ``(ii) Program operation policies, 
                        including standards of conduct for 
                        program staff and volunteers, and 
                        policies governing employment and 
                        dismissal of program staff.
                          ``(iii) Selection and dismissal of 
                        the Head Start director and program 
                        staff.
                          ``(iv) Activities to support the 
                        active involvement of parents in 
                        supporting program operations.
                          ``(v) Classroom activities and 
                        staffing.
                          ``(vi) Program responsiveness to 
                        community and parent needs.
                          ``(vii) Processes to resolve internal 
                        disputes in the instance when the board 
                        of directors and the policy council 
                        have reached an impasse on an issue of 
                        dispute relative to matters of joint 
                        governance.
                          ``(vii) Other areas the council 
                        identifies as necessary to improve 
                        program operations.
                  ``(C) Training for all members of the board 
                of directors and policy council in the 
                management responsibilities and obligations, 
                ethics, and financial literacy and 
                management.''.

  Page 78, line 6, strike ``section 642(b)(4)(B)(ii)'' and 
insert ``section 642(b)(4)(B)''.
                              ----------                              


3. An Amendment To Be Offered by Representative DeLauro of Connecticut, 
               or Her Designee, Debatable for 10 Minutes

  Page 87, line 4, strike the close quotation marks and the 
period at the end.
  Page 87, after line 4, insert the following:
  ``(11) Head Start agencies may develop or maintain 
partnerships with institutions of higher education and non-
profit organizations that recruit, train, place, and support 
college students to serve as mentors and reading coaches to 
preschool children in Head Start programs.''.
                              ----------                              


4. An Amendment To Be Offered by Representative Stearns of Florida, or 
                 His Designee, Debatable for 10 Minutes

  Page 110, line 7, after ``families,'' insert ``families with 
one or more children with disabilities,''.
                              ----------                              


 5. An Amendment To Be Offered by Representative Davis of Illinois, or 
                 His Designee, Debatable for 10 Minutes

  Page 110, after line 19, insert the following new subsection 
(and redesignate subsequent subsections proposed to be added by 
the relevant provision accordingly):

  ``(h) The Secretary shall develop and implement an outreach 
program to train and recruit African-American and Latino-
American men to become Head Start teachers in order to increase 
the provision of quality services and instruction to children 
with diverse backgrounds.''.
                              ----------                              


 6. An Amendment To Be Offered by Representative Kind of Wisconsin, or 
                 His Designee, Debatable for 10 Minutes

  Page 122, after line 17, insert the following (and make such 
technical and conforming changes as may be appropriate):

  (e) National Assessment System.--Section 649 of the Head 
Start Act (42 U.S.C. 9834), as amended by subsection (d), is 
amended by adding at the end the following:
  ``(j) National Reporting System.--The Secretary shall 
temporarily suspend the implementation of the National 
Reporting System pending the completion of the recommendations 
required by subsection (h), and shall integrate such 
recommendations to develop a national assessment system, as 
appropriate, that will inform improving Head Start program 
success.''.
                              ----------                              


7. An Amendment To Be Offered by Representative Mica of Florida, or His 
                   Designee, Debatable for 10 Minutes

  At the end of the bill, insert the following new sections:

SECTION ___. QUALITY STANDARDS; MONITORING OF HEAD START AGENCIES AND 
                    PROGRAMS.

  Section 641A of the Head Start Act (42 U.S.C. 9836a) is 
further amended by adding at the end the following new 
subsection:
  ``(g) In carrying out the provisions of section 641A, and in 
addition to the use of whatever other resources the Secretary 
deems appropriate, the Secretary shall--
          ``(1) contract with an intermediary organization 
        which, in the determination of the Secretary, meets 
        each of the following criteria--
                  ``(A) focuses on improving the performance 
                management and the use of technology for non-
                profit, educational, and social service 
                organizations;
                  ``(B) has demonstrated experience in 
                providing a range of assistance, including but 
                not limited to--
                          ``(i) assessing performance metrics;
                          ``(ii) the use of technology;
                          ``(iii) improving financial 
                        management; and
                          ``(iv) developing recommendations to 
                        improve performance and the use of 
                        technology;
                  ``(C) has a proven methodology for systemic 
                change in the not-for-profit sector, including 
                governmental and nongovernmental entities;
                  ``(D) has demonstrated results in providing 
                performance management support to small-, mid- 
                and large-size not-for-profit organizations 
                annually on a pro bono basis;
                  ``(E) has demonstrated the ability to 
                identify areas for program improvement related 
                to--
                          ``(i) accomplishing the goals and 
                        objectives as outlined in Head Start 
                        regulations, reporting criteria and 
                        measurement of program outcomes;
                          ``(ii) meeting reporting requirements
                          ``(iii) using technology in 
                        classrooms and enabling its use by 
                        administrators;
                  ``(F) has demonstrated the ability to develop 
                an implementation plan for recommended 
                improvements by the organizations it assists;
                  ``(G) has demonstrated the ability to assist 
                with and provide on-site, hands-on guidance 
                with the implementation of the recommendations;
                  ``(H) has demonstrated the ability to tailor 
                the assessment and implementation process to 
                the children and communities served (where 
                appropriate); and
                  ``(I) has demonstrated the ability to create 
                an online community that allows Head Start 
                administrators, teachers, service providers, 
                parents, policy makers, and other stakeholders 
                to communicate and provide support during and 
                following the assessment and subsequent 
                implementation process;
          ``(2) utilize the intermediary organization selected 
        in paragraph (1) not later than 90 days from the date 
        of enactment of this Act to--
                  ``(A) assess the performance of the Secretary 
                in overseeing the Head Start Bureau and 
                ensuring the effective management of the Head 
                Start program in the areas of finance, 
                operations, human capital, and customer 
                service;
                  ``(B) evaluate the Department's 
                organizational structure, policies, and 
                procedures for managing Head Start grant 
                recipients, make recommendations to improve 
                national program quality and maximize the 
                efficiency in the use of program dollars, and 
                support implementation of the recommendations;
                  ``(C) evaluate the Secretary's administrative 
                resource allocations to determine if investment 
                is properly targeted based on risk assessment 
                to address the program's most significant 
                national and local challenges, and propose 
                adjustments as appropriate;
                  ``(D) evaluate and identify best practice 
                Head Start models and build process models to 
                enable their replication;
                  ``(E) develop early warning systems to 
                identify Head Start programs that need 
                intervention;
                  ``(F) evaluate processes to assist Head Start 
                programs that need intervention in implementing 
                necessary program improvements;
                  ``(G) evaluate the effectiveness of the 
                current process for selecting Head Start 
                organizations and develop and implement 
                improvements to ensure that performance metrics 
                emerge as a key criteria for evaluating 
                successful Head Start applicants, including the 
                creation of evaluation criteria that ensure the 
                selection of quality Head Start applicants;
                  ``(H) evaluate how the Department targets 
                resources to remedy ongoing problems or 
                deficiencies in the program's management or 
                governance, and propose solutions as 
                appropriate; and
                  ``(I) conduct a detailed assessment of the 
                Secretary's ability to monitor grantees.''.

SEC. ___. ALLOTMENT OF FUNDS.

  Section 640(a)(2) of the Head Start Act (42 U.S.C. 9835) is 
further amended by adding at the end the following new clause:
                          ``(v) not less than $7,500,000 of the 
                        amount in clause (iii) appropriated for 
                        fiscal years 2006 and 2007 shall be 
                        made available to carry out activities 
                        described in section 641A(g).''
                              ----------                              .


 8. An Amendment To Be Offered by Representative Filner of California, 
               or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. ___. TEACHER RETENTION REPORT.

  Not later than one year after implementation of the Head 
Start teacher qualifications and development under amendments 
made by this Act, the Secretary of Health and Human Services 
shall submit to Congress a report on Head Start teacher 
retention levels.
                              ----------                              


 9. An Amendment To Be Offered by Representative Millender-McDonald of 
         California, or Her Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. ___. IMPROVING HEAD START ACCESS FOR HOMELESS AND FOSTER CHILDREN.

  (a) 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.''.
  (b) Allotment of Funds; Limitations on Assistance.--
          (1) Quality improvement.--Section 640(a)(3) of the 
        Head Start Act (42 U.S.C. 9835(a)(3)) is amended--
                  (A) in subparagraph (B)--
                          (i) in clause (ii), by inserting 
                        ``children in foster care, children 
                        referred to Head Start programs by 
                        child welfare agencies,'' after 
                        ``background''; and
                          (ii) in clause (v), by inserting ``, 
                        including collaboration to increase 
                        program participation by underserved 
                        populations, including homeless 
                        children, eligible children in foster 
                        care, and children referred to Head 
                        Start programs by child welfare 
                        agencies'' before the period; and
                  (B) in subparagraph (C)--
                          (i) 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'';
                          (ii) 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'';
                          (iii) by redesignating clause (vi) as 
                        clause (viii); and
                          (iv) by inserting after clause (v) 
                        the following:
                          ``(vi) To conduct outreach to 
                        homeless families and to increase Head 
                        Start program participation by homeless 
                        children.''.
          (2) Collaboration grants.--Section 640(a)(5)(C)(iv) 
        of the Head Start Act (42 U.S.C. 9835(a)(5)(C)(iv)) is 
        amended--
                  (A) by inserting ``child welfare (including 
                child protective services),'' after ``child 
                care,'';
                  (B) by inserting ``home-based services 
                (including home visiting services),'' after 
                ``family literacy services''; and
          (3) Allocation of funds.--Section 640(g)(2) of the 
        Head Start Act (42 U.S.C. 9835(g)(2)) is amended--
                  (A) in subparagraph (C)--
                          (i) by inserting ``organizations and 
                        agencies providing family support 
                        services, child abuse prevention 
                        services, protective services, and 
                        foster care, and'' after 
                        ``(including''; and
                          (ii) 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)))'';
                  (B) 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''.
  (c) Research, Demonstrations, and Evaluation.--Section 649 of 
the Head Start Act (42 U.S.C. 9844) is amended 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''.
  (d) 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''.
                              ----------                              


10. An Amendment To Be Offered by Representative Musgrave of Colorado, 
               or Her Designee, Debatable for 10 Minutes

  At the end of the bill, insert the following new section:

SEC. __. ADMINISTRATIVE REQUIREMENTS AND STANDARDS.

  Section 644 of the Head Start Act (42 U.S.C. 9839) is 
amended--
          (1) in subsection (b), by inserting immediately 
        before ``exceed 15 percent'' the following: ``, and any 
        reasonable amounts, in excess of allowable direct and 
        indirect costs, normally incurred or recognized by an 
        entity eligible under section 641(a)(1) by virtue of 
        its organization,''; and
          (2) in subsection (c), by inserting after the second 
        sentence the following: ``For purposes of this section, 
        the Secretary shall prescribe no rules or regulations 
        that prohibit an entity eligible under section 
        641(a)(1) from effectively competing for or 
        administering a grant by virtue of its organization.''.
                              ----------                              


     11. An Amendment To Be Offered by Representative Thompson of 
         Mississippi, or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. ___. CHILDREN AFFECTED BY HURRICANE KATRINA.

  (a) Definitions.--For the purposes of this section, the 
following definitions apply:
          (1) Children affected by hurricane katrina.--The term 
        ``children affected by Hurricane Katrina'' means a 
        child who is not older than 5 and who resides or who 
        resided on August 22, 2005, in an area in which the 
        President has declared that a major disaster exists.
          (2) Impacted head start agencies.--The term 
        ``impacted Head Start Agencies'' means a Head Start 
        agency receiving a significant number of children from 
        an area in which a major disaster has been declared.
          (3) Major disaster.--The term ``major disaster'' 
        means a major disaster declared by the President in 
        accordance with section 401 of the Robert T. Stafford 
        Disaster Relief Emergency Assistance Act (42 U.S.C. 
        4170), related to Hurricane Katrina.
  (b) Techical Assistance, Guidance, and Resources.--The 
Secretary shall provide technical assistance, guidance, and 
resources through the Region 4 and Region 6 offices of the 
Administration for Children and Families (and may provide 
technical assistance, guidance, and resources, through other 
regional offices of the Administration, at the request of such 
offices, that administer affected Head Start agencies) to Head 
Start agencies in areas in which a major disaster has been 
declared, and to affected Head Start agencies, to assist the 
agencies involved in providing Head Start services to children 
affected by Hurricane Katrina.
  (c) Waiver.--For such period up to March 31, 2006, and to 
such extent as the Secretary considers appropriate, the 
Secretary of Health and Human Services--
          (1) may waive section 640(b) of the Head Start Act.
          (2) shall waive requirements of documentation for 
        children affected by Hurricane Katrina who participate 
        in Head Start programs and Early Head Start programs 
        funded under the Head Start Act.
                              ----------                              


12. An Amendment To Be Offered by Representative Boustany of Louisiana, 
               or His Designee, Debatable for 30 Minutes

  At the end of the bill, insert the following new section:

SEC. ___. DISCRIMINATION PROVISIONS.

  Section 654 of the Head Start Act is amended to read as 
follows:

``SEC. 654 NONDISCRIMINATION PROVISIONS.

  ``(a)(1) The Secretary shall not provide financial assistance 
for any program, project, or activity under this subchapter 
unless the grant or contract with respect thereto specifically 
provides that no person with responsibilities in the operation 
thereof will discriminate with respect to any such program, 
project, or activity because of race, creed, color, national 
origin, sex, political affiliation, or beliefs.
  ``(2) Paragraph (1) shall not apply to a recipient of 
financial assistance under this subchapter that is a religious 
corporation, association, educational institution, or society, 
with respect to the employment of individuals of a particular 
religion to perform work connected with the carrying on by such 
corporation, association, educational institution, or society 
of its activities. Such recipients shall comply with the other 
requirements contained in this subsection.
  ``(b) No person in the United States shall on the ground of 
sex be excluded from participation in, be denied the benefits 
of, be subjected to discrimination under, or be denied 
employment in connection with any program or activity receiving 
assistance under this subchapter. The Secretary shall enforce 
the provisions of the preceding sentence in accordance with 
section 602 of the Civil Rights Act of 1964. Section 603 of 
such Act shall apply with respect to any action taken by the 
Secretary to enforce such sentence. This section shall not be 
construed as affecting any other legal remedy that a person may 
have if such person is excluded from participation in, denied 
the benefit of, subjected to discrimination under, or denied 
employment (except as provided in subsection (a)(2)), in the 
administration of any program, project, or activity receiving 
assistance under this subchapter.
  ``(c) The Secretary shall not provide financial assistance 
for any program, project, or activity under this subchapter 
unless the grant or contract relating to the financial 
assistance specifically provides that no person with 
responsibilities in the operation of the program, project, or 
activity will discriminate against any individual because of a 
handicapping condition in violation of section 504 of the 
Rehabilitation Act of 1973, except as provided in subsection 
(a)(2).''.

                                  
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