[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2566 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2566
To improve early learning opportunities and promote school
preparedness, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 23, 2002
Mr. Kennedy (for himself, Mr. Gregg, Mrs. Murray, Mr. Voinovich, Mr.
Wellstone, Mr. Bond, Mr. Edwards, Mr. Stevens, and Mr. DeWine)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To improve early learning opportunities and promote school
preparedness, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Care and Education Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Early childhood, which is the period in a child's life
from birth through age 6, is a critical time for children to
develop the physical, emotional, social, and cognitive skills
that the children will need for the rest of their lives.
(2) Young children receive care in a wide variety of
settings. While 38 percent of those children receive care
solely from their parents, the remaining 62 percent receive
care through a variety of full-time and part-time arrangements,
including care by relatives, by nonrelatives (in a variety of
home-based settings), and through center-based programs.
(3) Federal and State governments invest more than
$18,000,000,000 annually to help families (particularly low-
income families) access early care and early education
activities. Yet, despite this investment, not all children are
entering school prepared to learn.
(4) Learning is an active process that begins at birth, is
dependent on the existence of strong and stable relationships,
is influenced by a child's physical, emotional, social, and
cognitive capacities, and is shaped by a combination of biology
and experience.
(5) Before children reach age 2, measurable differentiation
in their development and skills begins to appear. In the
absence of intervention, that differentiation may increase over
the preschool years.
(6) Research shows that parental involvement and a stable
and well-educated workforce are important factors in improving
the quality of early care and early education programs and
improving outcomes for children.
(7) The cognitive, social, and emotional development of
young children can be enhanced through parental involvement and
high-quality early care and early education activities that
motivate children to learn to read in order to benefit from
classroom instruction.
(8) Research indicates that successful academic achievement
in education programs for children in kindergarten and grades 1
through 12 is linked to participation in high quality early
care and early education activities.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to encourage States to improve the quality and
availability of early learning opportunities and activities for
young children;
(2) to develop and retain a well-educated and trained early
childhood workforce;
(3) to promote school preparedness by encouraging children,
families, and caregivers (in a variety of home-based and out-
of-home settings) to engage in a variety of highly interactive,
developmentally appropriate, and age-appropriate activities,
during the first 6 years of the children's lives, that will--
(A) improve the children's social, emotional, and
behavioral skills; and
(B) foster their early cognitive and literacy
development; and
(4) to promote parental and family involvement in the
education of young children.
SEC. 4. DEFINITIONS.
In this Act:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(2) Secretaries.--The term ``Secretaries'' means the
Secretary of Education and the Secretary of Health and Human
Services, as specified in a memorandum of understanding entered
into by the Secretaries.
(3) State.--The term ``State'' means any of the several
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
(4) Young child.--The term ``young child'' means an
individual under the age of compulsory school attendance in the
State where the child resides.
SEC. 5. ALLOTMENT FORMULA.
(a) Reservations.--
(1) Indian tribes, alaska natives, and native hawaiians.--
(A) In general.--From the funds appropriated under
section 19 for a fiscal year, the Secretaries--
(i) shall reserve 1 percent of such funds
for the Secretary of the Interior for incentive
grants and bonus grants to Indian tribes (other
than Regional Corporations);
(ii) shall reserve 0.2 percent of such
funds for incentive grants and bonus grants to
Regional Corporations; and
(iii) shall reserve 0.2 percent of such
funds for incentive grants and bonus grants to
Native Hawaiian entities.
(B) Requirements.--The provisions of this Act
(other than subsections (b) and (c)) that apply to a
State shall apply to an entity receiving funds under
this paragraph, in the manner and to the extent
provided by the Secretary of the Interior, or by the
Secretaries, as appropriate.
(C) Definitions.--In this paragraph:
(i) Indian tribe.--The term ``Indian
tribe'' has the meaning given the term in
section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C.
450b(e)).
(ii) Regional corporation.--The term
``Regional Corporation'' has the meaning given
the term in section 419(4)(B) of the Social
Security Act (42 U.S.C. 619(4)(B)).
(2) Administration.--The Secretaries shall reserve not more
than 5 percent of the funds appropriated under section 19 for
each fiscal year to carry out the administration of this Act,
including section 10(g)(3)(B).
(b) State Allotments.--
(1) In general.--Subject to paragraph (2), from the funds
appropriated under section 19 for each fiscal year and
remaining after the reservations made under subsection (a), the
Secretaries--
(A) shall reserve 20 percent of the funds to make
grants under section 10(a); and
(B) from the balance, shall allot to each State an
amount equal to the sum of--
(i) an amount that bears the same ratio to
50 percent of such balance as the number of
individuals under age 6 in the State bears to
the number of such individuals in all States;
and
(ii) an amount that bears the same ratio to
50 percent of such balance as the number of
children in poverty in the State bears to the
number of such children in all States.
(2) Small state minimum allotment.--The Secretaries shall
ensure that no State shall receive an allotment under paragraph
(1)(B) for a fiscal year that is less than \1/3\ of 1 percent
of the balance described in paragraph (1)(B) for the fiscal
year.
(c) Definitions.--In this section:
(1) Child in poverty.--The term ``child in poverty'' means
an individual under age 6 from a family with an income below
the poverty line.
(2) Poverty line.--The term ``poverty line'' means the
income official poverty line (as defined by the Office of
Management and Budget, and revised annually in accordance with
section 673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2))) applicable to a family of the size involved.
SEC. 6. GENERAL INCENTIVE GRANTS.
(a) Program.--The Secretaries shall establish and carry out an
incentive grant program.
(b) Grants.--In carrying out the program, the Secretaries shall
award grants to eligible States, to enable the States to develop or
enhance high-quality systems of early care and early education programs
and activities, designed to improve school preparedness, by increasing
and making effective use of existing and new delivery systems and funds
for early care and early education. The Secretaries shall award the
grants from allotments made under section 5(b)(1)(B).
SEC. 7. LEAD AGENCY AND ADVISORY COUNCIL.
(a) Lead Agency.--The chief executive officer of a State desiring
to receive a grant under this Act shall designate an agency (which may
be an appropriate collaborative agency), or establish a joint
interagency office, to serve as the lead agency for the State under
this Act.
(b) Advisory Council.--
(1) In general.--The chief executive officer of a State
desiring to receive a grant under this Act shall designate or
establish a council to serve as the advisory council for the
State under this Act.
(2) Composition.--In designating or establishing the
council, the chief executive officer--
(A) may designate an existing entity (as of the
date of the designation) to serve as the council; and
(B) shall include in the council--
(i) representatives of agencies responsible
for administering early care and early
education programs in the State;
(ii) parents; and
(iii) a wide array of persons interested in
and involved with early care and early
education issues in the State, such as
representatives of--
(I) the State educational agency
and local educational agencies;
(II) the State Head Start
Association;
(III) early childhood education
professionals;
(IV) kindergarten teachers and
teachers in grades 1 through 4;
(V) health care professionals;
(VI) child welfare agencies;
(VII) child care resource and
referral agencies;
(VIII) child care providers;
(IX) State Interagency Coordinating
Councils established under section 641
of the Individuals with Disabilities
Education Act (20 U.S.C. 1441);
(X) the State agency with
responsibility for the special
supplemental nutrition program for
women, infants, and children
established by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786);
(XI) institutions of higher
education;
(XII) other agencies that provide
resources for young children;
(XIII) religious and business
leaders;
(XIV) State legislators and local
officials; and
(XV) other relevant entities in the
State.
(3) Duties.--The State advisory council shall conduct local
needs assessments in order to advise and assist the lead agency
and chief executive officer in the development of the State
plans and application described in section 8.
(c) State Plans and Application.--The chief executive officer and
the lead agency shall, after consultation with the advisory council,
develop the State plans and application.
SEC. 8. STATE PLANS AND APPLICATION.
(a) In General.--To be eligible to receive funds under this Act, a
State shall prepare and submit to the Secretaries an application, for a
2-year period, at such time, in such manner, and containing such
information as the Secretaries shall require, including--
(1) information identifying the agency or joint interagency
office that serves as the lead agency for the State;
(2) a State plan that--
(A) identifies barriers in the State to the
effective use of Federal, State, and local public
funds, and private funds, for early care and early
education that are available to the State on the date
on which the application is submitted;
(B) specifies, for each fiscal year, how the State
will use funds made available under this Act, including
how the State will make effective use of such funds,
and the funds described in subparagraph (A), in order
to create an early childhood education system, by
developing or enhancing a high-quality system of early
care and early education programs and activities,
designed to ensure that all children, including
children from economically or otherwise disadvantaged
families, enter school prepared to learn; and
(C) provides information that describes how the
State is working to measurably improve the overall
school preparedness of children, while taking into
consideration the age of the children and the setting
in which the early care and early education programs
and activities are provided;
(3) a description of how the State, in order to expand
accessibility and continuity of quality early care and early
education, will coordinate the early childhood education
activities assisted under this Act with--
(A) programs carried out under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858 et
seq.);
(B) programs carried out under the Head Start Act
(42 U.S.C. 9831 et seq.), including the Early Head
Start programs carried out under section 645A of that
Act (42 U.S.C. 9840a);
(C)(i) 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.);
(ii) other preschool programs carried out under
title I of that Act (20 U.S.C. 6301 et seq.); and
(iii) 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.);
(D) programs carried out under part C of the
Individuals with Disabilities Education Act (20 U.S.C.
1431 et seq.);
(E) State pre-kindergarten programs; and
(F) other early childhood education programs;
(4)(A) a description of performance goals to be achieved by
the State through activities assisted under this Act; and
(B) the performance outcome measures the State will use to
evaluate progress toward achieving such goals;
(5) a description of how the State will address children
with special needs and children from economically or otherwise
disadvantaged families through activities in a way that
recognizes the role of parents as a child's primary and most
important teachers;
(6) a description of the State's voluntary program
guidelines for early care and early education programs, the
State's general goals for school preparedness for children
entering kindergarten (developed in consultation with the local
educational agencies in the State), and a description of
suggested activities for parents and caregivers to offer young
children that can improve the children's preparedness for
school;
(7) a description of a State workforce development plan
that--
(A) ensures comprehensive training for early
childhood education professionals that is linked to a
compensation package; and
(B) creates a career ladder that is ultimately tied
to higher education;
(8) a description of how the State will create linkages
between formal early care and early education programs, and
elementary education programs, to ensure a smooth transition
from preschool to elementary school; and
(9) a description of a State plan--
(A) to ensure that institutions of higher
education, providers of community-based training that
is not provided for course credit, and other qualified
providers, in the State that offer programs and
training for early childhood education professionals,
use curricula that will prepare early childhood
education professionals to effectively implement
curricula identified as scientifically based and
effective to prepare young children to succeed in
school; and
(B) to promote better access to the programs and
training.
(b) Unified Plan.--The State plan described in subsection (a)(2)
may be a unified plan that includes the State plan described in section
658E of the Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858c).
SEC. 9. USE OF FUNDS.
(a) In General.--A State that receives funds under this Act may
only use the funds to--
(1) improve the quality of early care and early education
programs and activities through training activities, education,
and professional development, that relate to scientifically-
based early childhood teaching strategies, to early childhood
competencies, and to appropriate early childhood developmental
activities, and through wage incentive programs and recruitment
and retention incentives for early childhood professionals;
(2)(A) conduct State and local needs assessments, including
assessments of the needs of disadvantaged communities, and
evaluations on the extent to which the State is achieving the
performance goals and performance outcome measures described in
the State applications submitted under sections 8 and 10; and
(B) evaluate the effectiveness of programs and services
offered in the State to young children;
(3) provide training and technical assistance to health
care providers on conducting child development analyses as part
of normal routine physical examinations;
(4) provide information to parents on age-appropriate
developmental activities and resources that will assist in
their child's overall development, including language and
literacy development;
(5)(A) conduct a campaign to improve public awareness of
early childhood development (including early literacy) and
activities that can help children reach social, emotional, and
cognitive milestones;
(B) carry out the campaign through a joint venture between
the State and existing for-profit and nonprofit entities in the
State (existing as of the date the campaign begins); and
(C) in carrying out the campaign, ensure broad access to
and distribution of information in a form that is easily
understood by parents, including ensuring that the
information--
(i) is accessible through mass media, including
public television; and
(ii) is distributed in physician's offices, offices
of the special supplemental nutrition program for
women, infants, and children established by section 17
of the Child Nutrition Act of 1966 (42 U.S.C. 1786),
libraries, public and private schools, and child care
centers;
(6) support voluntary programs (such as the Parents as
Teachers, Reach Out and Read, and Home Instruction Program for
Preschool Youngsters programs) that provide training,
mentoring, information to parents on child development and age-
appropriate activities (which may include parent-child learning
opportunities), and other resources, that have been shown to
improve a child's early literacy, school preparedness, and
overall development; and
(7) support or improve existing (as of the date of receipt
of the funds) Federal, State, or local programs and projects
(including quality improvement activities authorized under the
Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.) and activities authorized under the Early
Learning Opportunities Act (20 U.S.C. 9401 et seq.), except
section 808(b)(6) of that Act (20 U.S.C. 9407(b)(6))) that--
(A) are consistent with the State applications
submitted under sections 8 and 10 as approved by the
Secretaries; and
(B) are linked to improving school preparedness as
determined by an appropriate performance outcome
measure described in section 10(f)(2).
(b) Limitation on Administrative Costs.--A State that receives
funds under this Act for a fiscal year may use not more than 5 percent
of the funds to pay for administrative costs incurred by such State to
carry out the State's functions and duties under this Act.
SEC. 10. STATE IMPROVEMENT BONUS GRANTS.
(a) In General.--The Secretaries shall use the funds described in
section 5(b)(1)(A) to make bonus grants to States to enable States to
make, and to reward States that have demonstrated, measurable progress
in achieving the performance outcome measures described in subsection
(f)(2).
(b) Development.--For each fiscal year before the year described in
subsection (c), the Secretaries shall use the funds to make grants
under subsection (a) to States--
(1) to develop and establish the performance goals and
performance outcome measures described in subsection (f)(2);
and
(2) for State improvement through activities described in
section 9.
(c) Progress on Competencies and Retention.--For the first fiscal
year for which not less than $500,000,000 is appropriated under section
19 and that is not earlier than the third full fiscal year after the
date of enactment of this Act, the Secretaries shall use the funds to
make bonus grants under subsection (a) to States that the Secretaries
determine have shown measurable progress in achieving the appropriate
performance outcome measures described in subsection (f)(2) as
demonstrated by--
(1) improved competencies relating to the knowledge and
skills of early childhood providers, compared to the previous
year; and
(2) increased retention of competent providers described in
paragraph (1), compared to the previous year.
(d) Progress on School Preparedness.--
(1) In general.--For each fiscal year after the year
described in subsection (c), the Secretaries shall use the
funds to make bonus grants under subsection (a) to States that
the Secretaries determine have shown measurable progress in
achieving the performance outcome measures described in
subsection (f)(2)--
(A) as demonstrated by the improved competencies
and increased retention described in subsection (c);
and
(B) as demonstrated by increased school
preparedness of the kindergartners in the State,
compared with the previous year.
(2) Equal weight.--In determining whether States have shown
the measurable progress described in paragraph (1), the
Secretaries shall give equal weight to progress demonstrated as
described in paragraph (1)(A) and progress demonstrated as
described in paragraph (1)(B).
(e) Amount.--In making a bonus grant to a State under subsection
(a) for a fiscal year, the Secretaries shall make the grant in an
amount equal to 20 percent of the total amount of the State's general
incentive grant under section 6, and the State's bonus grant under
subsection (a), for that fiscal year.
(f) Application.--
(1) In general.--To be eligible to receive a bonus grant
under subsection (a), a State shall submit an application to
the Secretaries at such time, in such manner, and containing
such information as the Secretaries may require.
(2) Goals and measures.--A State that submits an
application under this subsection for a year described in
subsection (c) or (d) shall include in the application--
(A) a description of performance goals to be
achieved by the State through activities assisted under
this Act, relating to the improved competencies and
increased retention referred to in subsection (c) and
the increased school preparedness referred to in
subsection (d); and
(B) the performance outcome measures the State will
use to evaluate progress toward achieving such goals.
(g) Indicators and Measures.--
(1) Panel.--
(A) In general.--The Board on Children, Youth, and
Families of the National Research Council, and the
Institute of Medicine, of the National Academy of
Sciences shall establish an independent panel of
experts to provide guidance and technical assistance to
the States in the task of assessing progress in--
(i) improving competencies and increasing
retention as described in subsection (c); and
(ii) increasing school preparedness of the
kindergartners in the State.
(B) Composition.--The panel of experts shall
include, to the extent practicable, representatives of
the Centers for Disease Control and Prevention, the
National Institute of Mental Health, the National
Institute of Child Health and Human Development, the
National Association for the Education of Young
Children, the National Center for Learning
Disabilities, the American Academy of Pediatrics, the
Office of Educational Research and Improvement of the
Department of Education, the General Accounting Office,
and other noted experts in the field of early care and
early education.
(C) Timing.--The Board and the Institute of
Medicine shall establish the panel not later than 90
days after the date of enactment of this Act.
(2) Measures.--Not later than the last day of the first
full fiscal year after the date of enactment of this Act, the
panel described in paragraph (1) shall--
(A) identify indicators, measures, and assessments
for competencies described in subsection (c)(1); and
(B)(i) generate an inventory of science-based
indicators of cognitive, language, social, emotional,
and physical development, and age-appropriate
competencies in early literacy and numeracy; and
(ii) identify a selection of valid and reliable
measures for those indicators, including measures from
scientifically validated assessments, systematic
observational measures, and measures from parent and
teacher inputs.
(3) Use of measures.--
(A) In general.--In making the demonstration
described in subsection (c)(1) or (d)(1)(B) in an
application submitted under subsection (f), a State may
use any of the measures identified under subparagraph
(A) or (B), respectively, of paragraph (2), or may use
an alternative evaluation approach identified in the
application.
(B) Assistance.--The Secretaries shall provide to
States that elect to use a measure identified under
subparagraph (A) or (B) of paragraph (2), assistance in
implementing the measure.
(h) Results.--Assessment results may be used to make the
demonstration described in subsection (d)(1)(B) for a State only if--
(1) the assessment is conducted on a scientifically derived
sample of children across the State;
(2) the assessment is conducted on kindergarten children by
certified or licensed teachers; and
(3) the State certifies to the Secretaries that the
assessment tools are--
(A) valid and reliable and used only for the
purposes of making the demonstration;
(B) age appropriate for the population served;
(C) based on systematic observational measurements
that shall be conducted in the children's natural
environments (unless a certified or licensed teacher
determines that another environment would be more
appropriate) and used in conjunction with information
gathered through parent and provider interviews and the
children's work; and
(D) able to provide information on children's
cognitive, language, social, emotional, and physical
development.
(i) Form and Use of Information.--
(1) Identifying characteristics.--A State (or a local
educational agency collecting information for the State under
this section) shall aggregate the information the State uses to
demonstrate eligibility for a bonus grant under subsection (a).
The State may not include in the information data relating to a
child's name, address, or other personal identifying
characteristics.
(2) Use of information.--A State may not use the
information--
(A) to track a child; or
(B) to determine whether a child should be retained
in kindergarten.
(j) Allocation of Additional Funds.--Notwithstanding any other
provision of this Act, from any amounts described in section 5(b)(1)(A)
and remaining for a fiscal year that is not described in subsection (k)
after the Secretaries carry out subsection (a), the Secretaries may--
(1) use the remainder to increase the amount of the bonus
grants provided under subsection (a) to those States for that
year; or
(2) reserve the remainder to provide bonus grants under
subsection (a) to eligible States for the following year.
(k) Performance Improvement Demonstration Project.--
(1) In general.--Notwithstanding any other provision of
this Act, for the second fiscal year after the year described
in subsection (c), from any amounts described in section
5(b)(1)(A) and remaining for that second fiscal year after the
Secretaries carry out subsection (a), the Secretaries shall use
the remainder to carry out this subsection.
(2) Demonstration project.--During that year, the
Secretaries shall establish a demonstration project to assist
States that are not eligible to receive bonus grants under
subsection (a) for that year. In carrying out the project, the
Secretaries shall make grants to local entities in those States
to enable the entities to carry out activities, based on
information collected from States with successful State
systems, to improve the ability of the States to achieve the
performance outcome measures described in the State
applications submitted under section 8 and subsection (f).
SEC. 11. ADMINISTRATION.
The Secretaries shall enter into a memorandum of understanding that
specifies how the Secretaries will carry out this Act and award grants
under this Act. Notwithstanding any other provision of law, such
memorandum of understanding shall include provisions for the
establishment of a Joint Office of Early Care and Education.
SEC. 12. REPORTS TO SECRETARIES.
(a) In General.--Each State that receives a grant (including a
bonus grant) under this Act shall prepare an annual report that
contains--
(1) a description of the manner in which the State has used
the funds made available through the grant and a report of the
expenditures made with the funds; and
(2)(A) a summary of the State's progress toward providing
the activities, and an evaluation of the State's progress
toward achieving the performance outcome measures, described in
the State's initial State applications submitted under sections
8 and 10 for the fiscal year involved; and
(B) in the case of a State with a modified State
application submitted under section 8 or 10--
(i) a summary of the State's progress toward
providing the activities, and an evaluation of the
State's progress toward achieving the performance
outcome measures, described in the modified State
application for the fiscal year involved; and
(ii) the rationale for the modifications involved.
(b) Contents.--The report shall contain--
(1) data on the number of early childhood professionals in
the State who received training, education, or professional
development during the period of the grant and remained in the
early care and early education field;
(2) data on the school preparedness of children in the
State;
(3) a description of the State's progress in overcoming
barriers to the effective use of Federal, State, and local
public funds, and private funds, for early care and early
education; and
(4) a description of the manner in which the State has
addressed children from economically or otherwise disadvantaged
families.
(c) Submission.--The State shall submit the report, at the end of
each fiscal year, to the Secretaries and the advisory council for the
State.
SEC. 13. PERFORMANCE IMPROVEMENT PLANS.
(a) Determination.--At the end of the third full fiscal year after
the date of enactment of this Act, and of each subsequent fiscal year,
the Secretaries shall determine whether each State that receives funds
under this Act made progress during that fiscal year toward achieving
the performance outcome measures described in the initial State
applications (or, if appropriate, the modified State applications)
approved for the State under sections 8 and 10 for the fiscal year
involved. The Secretaries shall make the determination on the basis of
the State report described in section 12.
(b) Plan.--If the Secretaries determine that a State did not make
progress as described in subsection (a) for a fiscal year, the
Secretaries shall require the State to submit a performance improvement
plan that describes the measures the State will take to make that
progress. To be eligible to receive funds under this Act for the
following fiscal year, the State shall prepare and submit the plan to
the Secretaries. To be eligible to receive funds under this Act for a
subsequent fiscal year, the State shall demonstrate reasonable progress
in implementing such plan.
SEC. 14. NONCOMPLIANCE WITH STATE PLAN.
(a) Review.--The Secretaries shall review each report submitted
under section 12 for a fiscal year to ensure that the funds
appropriated to carry out this Act for the fiscal year were expended in
accordance with the provisions of the State plan described in section
8(a)(2)(B) that are applicable to that fiscal year.
(b) Determination and Withholding.--If the Secretaries determine
that the funds were not expended in accordance with the provisions of
the State plan--
(1) the Secretaries shall withhold the amount of the funds
that were improperly expended, from the State's allotment under
section 5(b)(1)(B) for the following fiscal year; and
(2) the State shall not be eligible for a bonus grant under
section 10(a) for the following fiscal year.
(c) Use of Withheld Funds.--The Secretaries shall use funds
withheld from 1 or more States for a fiscal year under subsection
(b)(1) to provide assistance to the remaining States in accordance with
section 5(b)(1)(B). For purposes of this Act, such assistance made
available to a State for a fiscal year shall be considered to be a part
of the allotment for that State under that subsection for that fiscal
year.
SEC. 15. REPORT TO CONGRESS.
(a) In General.--The Secretaries shall prepare an annual report
that--
(1) describes the progress of each State toward achieving
the performance outcome measures described in subparagraph (A)
and, if appropriate, subparagraph (B), of section 12(a)(2) for
the year covered by the report; and
(2) compares that progress with the progress of the State
toward achieving those measures for the preceding fiscal year.
(b) Submission.--The Secretaries shall submit the report to the
appropriate committees of Congress.
SEC. 16. CLEARINGHOUSE.
(a) In General.--The Secretaries, acting through the appropriate
officers of the Department of Health and Human Services (including the
National Institute of Child Health and Human Development and the
National Institute of Mental Health) and the Department of Education
shall support (using funds made available under Federal law other than
this Act) a collaborative research project, through a clearinghouse in
existence on the date the project begins, to--
(1) identify, compile, and disseminate information on
effective, research-based, early care and early education
(including prereading and language) programs, curricula, and
teaching strategies that address--
(A) cognitive development;
(B) language development;
(C) social and emotional development;
(D) physical and motor development; and
(E) emergent literacy and phonemic awareness;
(2)(A) compile information that describes--
(i) the systems of early care and early education
programs and activities in States eligible to receive
grants under section 10(a); and
(ii) the methods that the eligible States have used
to establish successful systems described in clause
(i); and
(B) disseminate the information to other States;
(3)(A) identify State best practices relating to early care
and early education, including effective State activities,
standards, and guidelines; and
(B) compile and disseminate information that describes the
practices, including the activities, standards, and guidelines;
and
(4)(A) identify and evaluate model tools for conducting
observational assessments in kindergarten; and
(B) compile and disseminate information that describes the
tools.
(b) Dissemination.--The Secretaries shall--
(1) disseminate information about the existence of the
clearinghouse described in subsection (a); and
(2) ensure wide dissemination, through the Internet,
through public television, through public libraries, and by
other means, of materials describing the clearinghouse, and the
availability of the information disseminated by the
clearinghouse.
SEC. 17. SUPPLEMENTATION OF FUNDS AND MAINTENANCE OF EFFORT.
(a) Supplement, Not Supplant.--Amounts appropriated under this Act
shall be used to supplement and not supplant other Federal, State, and
local public funds, expended to provide services for early care and
early education programs and activities.
(b) Maintenance of Effort.--The Secretaries shall not award a grant
under this Act to any State for a fiscal year unless the Secretaries
first determine that the total expenditures by the State to support
early care and early education programs and activities for the
preceding fiscal year are not less than such expenditures for the
fiscal year in which the date of enactment of this Act occurs.
(c) Waiver.--The Secretaries may waive the requirements of
subsection (b) if the Secretaries determine that a waiver would be
equitable due to a precipitous decline in the financial resources of a
State that has necessitated across-the-board reductions in State
services, including early care and early education programs.
SEC. 18. RULES OF CONSTRUCTION.
(a) In General.--Nothing in this Act shall be construed to permit
or require a State--
(1) to impose State child care licensing requirements on
any type of early childhood provider, including any such
provider who is exempt from State child care licensing
requirements on the date of enactment of this Act;
(2) to require an early childhood provider (including a
child care provider, such as a parent, grandparent, family
child care provider, or religious provider) in a State to
comply with a State voluntary guideline or recommendation for
effective early childhood education activities; or
(3) to require a parent to have a child submit to
developmental screening.
(b) Prohibition on Required Participation.--No State receiving
funds under this Act may require any child to participate in any
Federal, State, local, or private early childhood education program.
(c) Prohibition on Use of Funds for Testing.--No State receiving
funds under this Act may use the funds--
(1) to permit testing, as opposed to systematic
observational assessment, of a young child; or
(2) to permit testing or assessment that results in
penalties or sanctions being imposed on a young child.
SEC. 19. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $1,000,000,000 for fiscal year 2003 and such sums as may
be necessary for each of fiscal years 2004 through 2007.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4853-4859)
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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