113 S1086 ES: Child Care and Development Block Grant Act of 2014
U.S. Senate
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as
the Child Care and Development Block Grant Act of 2014
.2.Section
658A of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9801
note) is amended to read as follows:658A.(a)This subchapter may be cited as the Child
Care and Development Block Grant Act of 1990
.(b)The
purposes of this subchapter are—(1)to
allow each State maximum flexibility in developing child care programs and
policies that best suit the needs of children and parents within that
State;(2)to
promote parental choice to empower working parents to make their own decisions
regarding the child care that best suits their family’s needs;(3)to
assist States in providing high-quality child care services to parents trying
to achieve independence from public assistance;(4)to
assist States in improving the overall quality of child care services and
programs by implementing the health, safety, licensing, training, and oversight
standards established in this subchapter and in State law (including
regulations);(5)to
improve school readiness by having children, families, and child care providers
engage in activities, in child care settings, that are developmentally
appropriate and age-appropriate for the children and that promote children's
language and literacy and mathematics skills, social and emotional development,
physical health and development, and approaches to learning;(6)to
encourage States to provide consumer education information to help parents make
informed choices about child care services and to promote involvement by
parents and family members in the education of their children in child care
settings;(7)to
increase the number and percentage of low-income children in high-quality child
care settings; and(8)to
improve the coordination and delivery of early childhood education and care
(including child
care)..3.Authorization of
appropriationsSection 658B of
the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is
amended by striking subchapter
and all that follows, and
inserting subchapter, such sums as may be necessary for each of fiscal
years 2015 through 2020.
.4.(a)Section 658D(a) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858b(a)) is amended—(1)by striking chief executive
officer
and inserting Governor
; and(2)by
striking designate
and all that follows and inserting
designate an agency (which may be an appropriate collaborative agency),
or establish a joint interagency office, that complies with the requirements of
subsection (b) to serve as the lead agency for the State under this
subchapter.
.(b)Collaboration
with tribesSection 658D(b)(1) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858b(b)(1)) is amended—(1)in
subparagraph (C), by striking and
at the end;(2)in
subparagraph (D), by striking the period and inserting ; and
;
and(3)by
adding at the end the following:(E)at the option of
an Indian tribe or tribal organization in the State, collaborate and coordinate
with such Indian tribe or tribal organization in the development of the State
plan..5.(a)Section
658E(b) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858c(b)) is amended, by striking 2-year
and inserting
3-year
.(b)Section 658E(c) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is
amended—(1)in
paragraph (1), by inserting or established
after
designated
;(2)in
paragraph (2)—(A)in subparagraph
(B), by inserting a comma after care of such providers
;(B)by striking
subparagraphs (D) through (H); and(C)by adding at the
end the following:(D)Monitoring and
inspection reportsThe plan shall include a certification that
the State, not later than 1 year after the State has in effect the policies and
practices described in subparagraph (K)(i), will make public by electronic
means, in a consumer-friendly and easily accessible format, organized by
provider, the results of monitoring and inspection reports, including those due
to major substantiated complaints about failure to comply with this subchapter
and State child care policies, as well as the number of deaths, serious
injuries, and instances of substantiated child abuse that occurred in child
care settings each year, for eligible child care providers within the State.
The results shall also include information on the date of such an inspection
and, where applicable, information on corrective action taken.(E)Consumer
education informationThe plan shall include a certification that
the State will collect and disseminate (which dissemination may be done, except
as otherwise specified in this subparagraph, through resource and referral
organizations or other means as determined by the State) to parents of eligible
children and the general public—(i)information that
will promote informed child care choices and that concerns—(I)the availability
of child care services provided through programs authorized under this
subchapter and, if feasible, other child care services and other programs
provided in the State for which the family may be eligible;(II)if available,
information about the quality of providers, including information from a
Quality Rating and Improvement System;(III)information,
made available through a State website, describing the State process for
licensing child care providers, the State processes for conducting background
checks, and monitoring and inspections, of child care providers, and the
offenses that prevent individuals and entities from serving as child care
providers in the State;(IV)the availability
of assistance to obtain child care services;(V)other programs
for which families that receive child care services for which financial
assistance is provided in accordance with this subchapter may be eligible,
including the program of block grants to States for temporary assistance for
needy families established under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.), Head Start and Early Head Start programs carried out
under the Head Start Act (42 U.S.C. 9831 et seq.), the program carried out
under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et
seq.), the supplemental nutrition assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the special supplemental
nutrition program for women, infants, and children established under section 17
of
the Child Nutrition Act of 1966 (42 U.S.C. 1786), the child and adult care food
program established under section 17 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766), and the Medicaid and State children's health
insurance programs under titles XIX and XXI of the Social Security Act (42
U.S.C. 1396 et seq., 1397aa et seq.);(VI)programs carried
out under section 619 and part C of the Individuals with Disabilities Education
Act (20 U.S.C. 1419, 1431 et seq.); and(VII)research and
best practices concerning children's development, including language and
cognitive development, development of early language and literacy and
mathematics skills, social and emotional development, meaningful parent and
family engagement, and physical health and development (particularly healthy
eating and physical activity);(ii)information on
developmental screenings, including—(I)information on
existing (as of the date of submission of the application containing the plan)
resources and services the State can deploy, including the coordinated use of
the Early and Periodic Screening, Diagnosis, and Treatment program under the
Medicaid program carried out under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) and developmental screening services available under
section 619 and part C of the Individuals with Disabilities Education Act (20
U.S.C. 1419, 1431 et seq.), in conducting developmental screenings and
providing referrals to services, when appropriate, for children who receive
assistance under this subchapter; and(II)a description of
how a family or eligible child care provider may utilize the resources and
services described in subclause (I) to obtain developmental screenings for
children who receive assistance under this subchapter who may be at risk for
cognitive or other developmental delays, which may include social, emotional,
physical, or linguistic delays; and(iii)information,
for parents receiving assistance under the program of block grants to States
for temporary assistance for needy families under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) and low-income parents, about
eligibility for assistance provided in accordance with this subchapter.(F)Compliance with
State licensing requirements(i)The plan shall include a certification that the State
involved has in effect licensing requirements applicable to child care services
provided within the State, and provide a detailed description of such
requirements and of how such requirements are effectively enforced.(ii)If the State uses funding received under this
subchapter to support a child care provider that is exempt from the
corresponding licensing requirements described in clause (i), the plan shall
include a description stating why such licensing exemption does not endanger
the health, safety, or development of children who receive services from child
care providers who are exempt from such requirements.(iii)As described in section 658I(d), a State may request
relief from a provision of Federal law other than this subchapter that might
conflict with a requirement of this subchapter, including a licensing
requirement.(G)(i)The plan shall describe the training requirements that
are in effect within the State that are designed to enable child care providers
to promote the social, emotional, physical, and cognitive development of
children and that are applicable to child care providers that provide services
for which assistance is provided in accordance with this subchapter in the
State.(ii)The
plan shall provide an assurance that such training requirements—(I)provide a set of
workforce and competency standards for child care providers that provide
services described in clause (i);(II)are developed in
consultation with the State Advisory Council on Early Childhood Education and
Care (designated or established pursuant to section 642B(b)(1)(A)(i) of the Head
Start Act (42 U.S.C. 9837b(b)(1)(A)(i)));(III)include an
evidence-based training framework that is designed to promote children's
learning and development and school readiness and to improve child outcomes,
including school readiness and early language and literacy development;(IV)incorporate
knowledge and application of the State's early learning and developmental
guidelines (where applicable), and the State's child development and health
standards; and(V)to
the extent practicable, are appropriate for a population of children that
includes—- (aa)different age
groups (such as infants, toddlers, and preschoolers);
- (bb)English
learners;
- (cc)children with
disabilities; and
- (dd)Native Americans, including Indians, as the
term is defined in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b) (including Alaska Natives within the meaning of
that term), and Native Hawaiians (as defined in section 7207 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7517)).
(iii)Progression
of professional developmentIn developing the requirements, the
State shall develop a statewide progression of professional development
designed to improve the skills and knowledge of the workforce—(I)which may include
the acquisition of course credit in postsecondary education or of a credential,
aligned with the framework; and(II)which shall be
accessible to providers supported through Indian tribes or tribal organizations
that receive assistance under this subchapter.(iv)The
State shall engage the State Advisory Council on Early Childhood Education and
Care, and may engage institutions of higher education (as defined in section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), and other training
providers in aligning training opportunities with the State’s training
framework.(v)The
Secretary shall not require an individual or entity that provides child care
services for which assistance is provided in accordance with this subchapter to
acquire a credential to provide such services. Nothing in this section shall be
construed to prohibit a State from requiring a credential.(H)Child-to-provider
ratio standards(i)The
plan shall describe child care standards, for child care for which assistance
is made available in accordance with this subchapter, appropriate to the type
of child care setting involved, that address—(I)group size limits
for specific age populations;(II)the appropriate
ratio between the number of children and the number of providers, in terms of
the age of the children in child care, as determined by the State; and(III)required
qualifications for such providers.(ii)The
Secretary may offer guidance to States on child-to-provider ratios described in
clause (i) according to setting and age group but shall not require that States
maintain specific child-to-provider ratios for providers who receive assistance
under this subchapter.(I)Health and
safety requirementsThe plan shall include a certification that
there are in effect within the State, under State or local law, requirements
designed to protect the health and safety of children that are applicable to
child care providers that provide services for which assistance is made
available in accordance with this subchapter. Such requirements—(i)shall
relate to matters including health and safety topics (including prevention of
shaken baby syndrome and abusive head trauma) consisting of—(I)the prevention
and control of infectious diseases (including immunization) and the
establishment of a grace period that allows homeless children and children in
foster care to receive services under this subchapter while their families
(including foster families) are taking any necessary
action to comply with immunization and other health and safety
requirements;(II)handwashing and
universal health precautions;(III)the
administration of medication, consistent with standards for parental
consent;(IV)the prevention
of and response to emergencies due to food and other allergic reactions;(V)prevention of
sudden infant death syndrome and use of safe sleeping practices;(VI)sanitary methods
of food handling;(VII)building and
physical premises safety;(VIII)emergency
preparedness and response planning for emergencies resulting from a natural
disaster, or a man-caused event (such as violence at a child care facility),
within the meaning of those terms under section 602(a)(1) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5195a(a)(1));(IX)the handling and
storage of hazardous materials and the appropriate disposal of
biocontaminants;(X)identification of
and protection from hazards that can cause bodily injury such as electrical
hazards, bodies of water, and vehicular traffic;(XI)for providers
that offer transportation, if applicable, appropriate precautions in
transporting children;(XII)first aid and
cardiopulmonary resuscitation; and(XIII)minimum health
and safety training, to be completed pre-service or during an orientation
period, appropriate to the provider setting involved that addresses each of the
requirements relating to matters described in subclauses (I) through (XII);
and(ii)may
include requirements relating to nutrition, access to physical activity, or any
other subject area determined by the State to be necessary to promote child
development or to protect children's health and safety.(J)Compliance with
State and local health and safety requirementsThe plan shall
include a certification that procedures are in effect to ensure that child care
providers within the State, that provide services for which assistance is made
available in accordance with this subchapter, comply with all applicable State
and local health and safety requirements as described in subparagraph
(I).(K)Enforcement of
licensing and other regulatory requirements(i)The
plan shall include a certification that the State, not later than 2 years after
the date of enactment of the Child Care and Development Block Grant Act of 2014, shall have in effect
policies and practices, applicable to licensing or regulating child care
providers that provide services for which assistance is made available in
accordance with this subchapter and the facilities of those providers,
that—(I)ensure that
individuals who are hired as licensing inspectors in the State are qualified to
inspect those child care providers and facilities and have received training in
related health and safety requirements, child development, child abuse
prevention and detection, program management, and relevant law
enforcement;(II)require
licensing inspectors (or qualified inspectors designated by the lead agency)
of those child care providers and facilities to perform inspections,
with—- (aa)not
less than 1 prelicensure inspection for compliance with health, safety, and
fire standards, of each such child care provider and facility in the State;
and
- (bb)not
less than annually, an inspection (which shall be unannounced) of each such
child care provider and facility in the State for compliance with all child
care licensing standards, which shall include an inspection for compliance with
health, safety, and fire standards (although inspectors may or may not inspect
for compliance with all 3 standards at the same time); and
(III)require the
ratio of licensing inspectors to such child care providers and facilities in
the State to—- (aa)be
maintained at a level sufficient to enable the State to conduct inspections of
such child care providers and facilities on a timely basis in accordance with
Federal and State law; and
- (bb)be
consistent with research findings and best practices.
(ii)The
Secretary may offer guidance to a State, if requested by the State, on a
research-based minimum standard regarding ratios described in clause (i)(III)
and provide technical assistance to the State on meeting the minimum standard
within a reasonable time period, but shall not prescribe a particular
ratio.(L)Compliance with
child abuse reporting requirementsThe plan shall include a
certification that child care providers within the State will comply with the
child abuse reporting requirements of section 106(b)(2)(B)(i) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)(i)).(M)Meeting the
needs of certain populationsThe plan shall describe how the
State will develop and implement strategies (which may include the provision of
compensation at higher payment rates and bonuses to child care providers, the
provision of direct contracts or grants to community-based organizations,
offering child care certificates to parents, or
other means determined by the State) to increase the supply and improve the
quality of child care for—(i)children in
underserved areas;(ii)infants and
toddlers;(iii)children with
disabilities, as defined by the State; and(iv)children who
receive care during nontraditional hours.(N)Protection for
working parents(i)(I)The plan shall demonstrate that each child who receives
assistance under this subchapter in the State will be considered to meet all
eligibility requirements for such assistance and will receive such assistance,
for not less than 12 months before the State redetermines the eligibility of
the child under this subchapter, regardless of a temporary change in the
ongoing status of the child's parent as working or attending a job training or
educational program or a change in family income for the child's family, if
that family income does not exceed 85 percent of the State median income for a
family of the same size.(II)The plan shall demonstrate how the State's processes
for initial determination and redetermination of such eligibility take into
account irregular fluctuations in earnings.(ii)The plan shall describe the procedures and policies that
are in place to ensure that working parents (especially parents in families
receiving assistance under the program of block grants to States for temporary
assistance for needy families under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.)) are not required to unduly disrupt their
employment in order to comply with the State's requirements for redetermination
of eligibility for assistance provided in accordance with this
subchapter.(iii)Period before
terminationAt the option of the State, the plan shall
demonstrate that the State will not terminate assistance provided to carry out
this subchapter based on a factor consisting of a parent's loss of work or
cessation of attendance at a job training or educational program for which the
family was receiving the assistance, without continuing the assistance for a
reasonable period of time, of not less than 3 months, after such loss or
cessation in order for the parent to engage in a job search and resume work, or
resume attendance at a job training or educational program, as soon as
possible.(iv)Graduated
phaseout of careThe plan shall describe the policies and
procedures that are in place to allow for provision of continued assistance to
carry out this subchapter, at the beginning of a new eligibility period under
clause (i)(I), for children of parents who are working or attending a job
training or educational program and whose family income exceeds the State's
income limit to initially qualify for such assistance, if the family income for
the family involved does not exceed 85 percent of the State median income for a
family of the same size.(O)Coordination
with other programs(i)The plan shall describe how the State, in order to expand
accessibility and continuity of quality early childhood education and care, and
assist children enrolled in prekindergarten, Early Head Start, or Head Start
programs to receive full-day services, will efficiently coordinate the services
supported
to carry out this subchapter with—(I)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);(II)programs carried
out under part A of title I, and part B of title IV, of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq., 7171 et seq.);(III)programs
carried out under section 619 and part C of the Individuals with Disabilities
Education Act (20 U.S.C. 1419, 1431 et seq.);(IV)the maternal,
infant, and early childhood home visiting programs authorized under section 511
of the Social Security Act (42 U.S.C. 711), as added by section 2951 of the
Patient Protection and Affordable Care Act (Public Law 111–148);(V)State, Indian tribe or tribal organization,
and locally funded early childhood education and care programs;(VI)programs serving
homeless children and services of local educational agency liaisons for
homeless children and youths designated under subsection (g)(1)(J)(ii) of
section 722 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11432(g)(1)(J)(ii));(VII)State agencies and programs serving children in foster care and the foster families of such
children; and(VIII)other Federal
programs supporting early childhood education and care activities, and, where
applicable, child care programs funded through State veterans affairs
offices.(ii)Optional use of combined fundsIf the State elects to combine funding for the services supported to carry out this subchapter with
funding for any program described in subclauses (I) through (VII) of
clause (i), the plan shall describe how the State will combine the
multiple sets of funding and use the combined funding.(iii)Nothing in clause (i) shall be construed to affect
the priority of children described in clause (i) to receive full-day
prekindergarten or Head Start program services.(P)Public-private
partnershipsThe plan shall demonstrate how the State encourages
partnerships among State agencies, other public agencies, Indian tribes and
tribal organizations, and private entities to leverage existing service
delivery systems (as of the date of the submission of the application
containing the plan) for early childhood education and care and to increase the
supply and quality of child care services for children who are less than 13
years of age, such as by implementing voluntary shared services alliance
models.(Q)Priority for
low-income populationsThe plan shall describe the process the
State proposes to use, with respect to investments made to increase access to
programs providing high-quality early childhood education and care, to give
priority for those investments to children of families in areas that have
significant concentrations of poverty and unemployment and that do not have
such programs.(R)The
plan shall include a certification that the State has developed the plan in
consultation with the State Advisory Council on Early Childhood Education and
Care designated or established pursuant to section 642B(b)(1)(A)(i) of the Head
Start Act (42
U.S.C. 9837b(b)(1)(A)(i)).(S)The plan shall include a certification that the payment
practices of child care providers in the State that serve children who receive
assistance under this subchapter reflect generally accepted payment practices
of child care providers in the State that serve children who do not receive
assistance under this subchapter, so as to provide stability of funding and
encourage more child care providers to serve children who receive assistance
under this subchapter.(T)Early learning
and developmental guidelines(i)The plan shall include an assurance that the State will
develop or implement early learning and developmental guidelines that are
appropriate for children from birth through entry into kindergarten, describing
what such children should know and be able to do, and covering the essential
domains of early childhood education and care and early childhood development
for use statewide by child care providers. Such child care providers
shall—(I)be
licensed or regulated under State law; and(II)not be a
relative of all children for whom the provider provides child care
services.(ii)The
guidelines shall be research-based, developmentally appropriate, and aligned with
State standards for education in kindergarten through grade
3.(iii)Prohibition
on use of fundsThe plan shall include an assurance that funds
received by the State to carry out this subchapter will not be used to develop
or implement an assessment for children that—(I)will be the sole
basis for a child care provider being determined to be ineligible to
participate in the program carried out under this subchapter;(II)will be used as
the primary or sole basis to provide a reward or sanction for an individual
provider;(III)will be used as
the primary or sole method for assessing program effectiveness; or(IV)will be used to
deny eligibility to participate in the program carried out under this
subchapter.(iv)Nothing
in this subchapter shall preclude the State from using a single assessment (if
appropriate) for children for—(I)supporting
learning or improving a classroom environment;(II)targeting
professional development to a provider;(III)determining the
need for health, mental health, disability, developmental delay, or family
support services;(IV)obtaining
information for the quality improvement process at the State level; or(V)conducting a
program evaluation for the purposes of providing program improvement and parent
information.(v)Nothing in this section shall be construed to
authorize an officer or employee of the Federal Government to—(I)mandate, direct,
or control a State's early learning and developmental guidelines, developed in
accordance with this section;(II)establish any
criterion that specifies, defines, or prescribes the standards or measures that
a State uses to establish, implement, or improve—- (aa)early
learning and developmental guidelines, or early learning standards,
assessments, or accountability systems; or
- (bb)alignment of
early learning and developmental guidelines with State standards for education
in kindergarten through grade 3; or
(III)require a State to submit such standards or measures for review.(U)(i)The plan shall demonstrate the manner in which the State will address the needs of children in
child care services provided through programs authorized under this
subchapter, including the need for safe child care, during the period
before, during, and after a state of
emergency declared by the Governor or a major disaster or emergency (as
such terms are defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122)).(ii)Statewide child care disaster planSuch plan shall include a statewide child care disaster plan for coordination of activities and
collaboration, in the event of an emergency or disaster described in
clause (i), among the State agency with jurisdiction over human
services, the agency with jurisdiction over State emergency planning, the
State lead agency, the State agency with jurisdiction over licensing of
child care providers, the local resource and referral organizations, the
State resource and referral system, and the State Advisory Council on
Early
Childhood Education and Care as provided for under section 642B(b) of the
Head Start Act (42 U.S.C. 9837b(b)).(iii)The components of the disaster plan, for such an emergency or disaster, shall include—(I)guidelines for the continuation of child care services in the period following the emergency or
disaster, including the provision of emergency and temporary child care
services, and temporary operating standards for child care providers
during that period;(II)evacuation, relocation, shelter-in-place, and lock-down procedures, and procedures for
communication and reunification with families, continuity of operations,
and accommodation of infants and toddlers, children with disabilities,
and children with chronic medical
conditions; and(III)procedures for staff and volunteer training and practice drills..(3)in paragraph
(3)—(A)in subparagraph
(A), by striking as required under
and inserting in
accordance with
;(B)in subparagraph
(B)—(i)by striking
The State
and inserting the following:(i)The
State;(ii)by striking
and any other activity that the State deems appropriate to realize any
of the goals specified in paragraphs (2) through (5) of section 658A(b)
and inserting activities that improve access to child care services,
including use of procedures to permit immediate enrollment (after the initial
eligibility determination and after a child is determined to be eligible) of
homeless children while required documentation is obtained, training and
technical assistance on identifying and serving homeless children and their
families, and specific outreach to homeless families, and any other activity
that the State determines to be appropriate to meet the purposes of this
subchapter (which may include an activity described in clause (ii))
;
and(iii)by adding at
the end the following:(ii)Report by Assistant Secretary for Children and Families(I)Not later than September 30 of the first full fiscal year after the date of enactment of the Child
Care and Development Block Grant Act of 2014, and September 30 of each
fiscal year thereafter, the Secretary (acting through the Assistant
Secretary for Children and Families of the Department of Health and Human
Services) shall prepare a report that contains
a determination about whether each State uses amounts provided to such
State for the fiscal year involved under this subchapter in accordance
with the
priority for services described in clause (i).(II)Penalty for noncomplianceFor any fiscal year that the report of the Secretary
described in subclause (I) indicates
that a State has failed to give priority for services in accordance
with clause (i), the Secretary shall—- (aa)inform the State that the State has until the date that is 6
months after the Secretary has issued such report to fully comply
with
clause (i);
- (bb)provide the State an opportunity to modify the State plan of such State, to make the plan
consistent with the requirements of clause (i), and resubmit such State
plan to the Secretary not later than the date described in item (aa); and
- (cc)if the State does not fully comply with clause (i) and item (bb), by the date described in item
(aa), withhold 5 percent of the
funds that would otherwise be allocated to that State in accordance with
this subchapter for the first full fiscal year after that date.
(III)Waiver for Extraordinary CircumstancesNotwithstanding subclause (II) the Secretary may grant a
waiver to a State for one year to the penalty applied in subclause (II) if the Secretary determines
there
are extraordinary circumstances, such as a natural disaster, that prevent the State from complying
with
clause (i). If the Secretary does grant a waiver to a State under this section, the Secretary
shall, within
30 days of granting such waiver, submit a report to the appropriate congressional committees on the
circumstances of the waiver including the stated reason from the State on the need for a waiver,
the
expected impact of the waiver on children served under this program, and any such other relevant
information the Secretary deems necessary.(iii)Child care
resource and referral system(I)A State may use amounts described in clause (i) to
establish or support a system of local or regional child care resource and
referral organizations that is coordinated, to the extent determined
appropriate by the State, by a statewide public or private nonprofit,
community-based or regionally based, lead child care resource and referral
organization.(II)Local or
regional organizationsThe local or regional child care resource
and referral organizations supported as described in subclause (I)
shall—- (aa)provide parents
in the State with consumer education information referred to in paragraph
(2)(E) (except as otherwise provided in that paragraph), concerning the full
range of child care options, analyzed by provider, including child care
provided during nontraditional hours and through emergency child care centers,
in their political subdivisions or regions;
- (bb)to the
extent practicable, work directly with families who receive assistance under
this subchapter to offer the families support and assistance, using information
described in item (aa), to make an informed decision about which child care
providers they will use, in an effort to ensure that the families are enrolling
their children in high-quality care;
- (cc)collect and
analyze data on the coordination of services and supports, including services
under section 619 and part C of the Individuals with Disabilities Education Act
(20 U.S.C. 1419, 1431 et seq.), for children with disabilities (as defined in
section 602 of such Act (20 U.S.C. 1401));
- (dd)collect and
analyze data on the supply of and demand for child care in political
subdivisions or regions within the State and submit such data and analysis to
the State;
- (ee)work to
establish partnerships with public agencies and private entities to increase
the supply and quality of child care services in the State; and
- (ff)as appropriate,
coordinate their activities with the activities of the State lead agency and
local agencies that administer funds made available in accordance with this
subchapter.
;(C)in subparagraph
(D)—(i)by striking
1997 through 2002
and inserting 2015 through
2020
; and(ii)by striking
families described in paragraph (2)(H)
and inserting families with children described in clause (i), (ii), (iii), or (iv) of paragraph (2)(M)
;
and(D)by adding at the
end the following:(E)From amounts provided to a State for a fiscal year to
carry out this subchapter, the State shall—(i)reserve the
minimum amount required to be reserved under section 658G, and the funds for
costs described in subparagraph (C); and(ii)from
the remainder, use not less than 70 percent to fund direct services (provided
by the State) in accordance with paragraph
(2)(A).;(4)by striking
paragraph (4) and inserting the following:(4)(A)The State plan shall certify that payment rates for the
provision of child care services for which assistance is provided in accordance
with this subchapter are sufficient to ensure equal access for eligible
children to child care services that are comparable to child care services in
the State or substate area involved that are provided to children whose parents
are not eligible to receive assistance under this subchapter or to receive
child care assistance under any other Federal or State program and shall
provide a summary of the facts relied on by the State to determine that such
rates are sufficient to ensure such access.(B)The
State plan shall—(i)demonstrate that
the State has, after consulting with the State Advisory Council on Early
Childhood Education and Care designated or established in section
642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)),
local child care program administrators, local
child care resource and referral agencies, and other appropriate entities,
developed and conducted (not earlier than 2 years before the date of the
submission of the application containing the State plan) a statistically valid
and reliable survey of the market rates for child care services in the State
(that reflects variations in the cost of child care services by geographic
area, type of provider, and age of child);(ii)demonstrate that
the State prepared a detailed report containing the results of the State market
rates survey conducted pursuant to clause (i), and made the results of the
survey widely available (not later than 30 days after the completion of such
survey) through periodic means, including posting the results on the
Internet;(iii)describe how
the State will set payment rates for child care services, for which assistance
is provided in accordance with this subchapter—(I)in
accordance with the results of the market rates survey conducted pursuant to
clause (i);(II)taking into
consideration the cost of providing higher quality child care services than
were provided under this subchapter before the date of enactment of the
Child Care and Development Block Grant Act of 2014; and(III)without, to the
extent practicable, reducing the number of families in the State receiving such
assistance to carry out this subchapter, relative to the number of such
families on the date of enactment of that Act; and(iv)describe how the
State will provide for timely payment for child care services provided in
accordance with this subchapter.(C)(i)No
private right of actionNothing in this paragraph shall be
construed to create a private right of action.(ii)No
prohibition of certain different ratesNothing in this subchapter
shall be construed to prevent a State from differentiating the payment rates
described in subparagraph (B)(iii) on the basis of such factors as—(I)geographic
location of child care providers (such as location in an urban or rural
area);(II)the age or
particular needs of children (such as the needs of children with disabilities
and children served by child protective services);(III)whether the
providers provide child care during weekend and other nontraditional hours;
or(IV)the State's
determination that such differentiated payment rates are needed to enable a
parent to choose child care that is of high
quality.;
and(5)in paragraph (5),
by inserting (that is not a barrier to families receiving assistance
under this subchapter)
after cost sharing
.(c)Section 658F(b)(2) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858d(b)(2)) is amended by striking
section 658E(c)(2)(F)
and inserting section
658E(c)(2)(I)
.6.Activities to
improve the quality of child careSection 658G of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended to read as
follows:658G.Activities to
improve the quality of child care(a)(1)Reservation for
activities relating to the quality of child care servicesA State
that receives funds to carry out this subchapter for a fiscal year referred to
in paragraph (2) shall reserve and use a portion of such funds, in accordance
with paragraph (2), for activities provided directly, or through grants or
contracts with local child care resource and referral organizations or other
appropriate entities, that are designed to improve the quality of child care
services and increase parental options for, and access to, high-quality child
care, provided in accordance with this subchapter.(2)Such State shall reserve and use—(A)to carry out the
activities described in paragraph (1), not less than—(i)6 percent of the
funds described in paragraph (1), for the first and second full fiscal years
after the date of enactment of the Child Care and Development Block Grant Act of
2014;(ii)8 percent of
such funds, for the third and fourth full fiscal years after the date of
enactment; and(iii)10 percent of
such funds, for the fifth full fiscal year after the date of enactment and each
succeeding fiscal year; and(B)in addition to
the funds reserved under subparagraph (A), 3 percent of the funds described in
paragraph (1), for the first full fiscal year after the date of enactment and
each succeeding fiscal year, to carry out the activities described in paragraph
(1) and subsection (b)(4), as such activities relate to the quality of care for
infants and toddlers.(b)Funds
reserved under subsection (a) shall be used to carry out not fewer than 2 of the
following activities:(1)Supporting the
training, professional development, and professional advancement of the child
care workforce through activities such as—(A)offering child
care providers training and professional development that is intentional and
sequential and leads to a higher level of skill or certification;(B)establishing or
supporting programs designed to increase the retention and improve the
competencies of child care providers, including wage incentive programs and
initiatives that establish tiered payment rates for providers that meet or
exceed child care services guidelines, as defined by the State;(C)offering
training, professional development, and educational opportunities for child
care providers that relate to the use of developmentally appropriate and
age-appropriate curricula, and early childhood teaching strategies, that are
scientifically based and aligned with the social, emotional, physical, and
cognitive development of children, including offering specialized training for
child care providers who care for infants and toddlers, children who are
English learners, and children with disabilities (as defined in section 602 of
the Individuals with Disabilities Education Act (20 U.S.C. 1401));(D)providing
training concerning the State early learning and developmental guidelines,
where applicable, including training concerning early mathematics and early
language and literacy development and effective instructional practices to
support mathematics and language and literacy development in young
children;(E)incorporating
effective use of data to guide instruction and program improvement;(F)including
effective behavior management strategies and training, including positive
behavioral interventions and supports, that promote positive social and
emotional development and reduce challenge behaviors;(G)at the option of
the State, incorporating feedback from experts at the State’s institutions of
higher education, as defined in section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002), and other early childhood development experts and early
childhood education and care experts;(H)providing
training corresponding to the nutritional and physical activity needs of
children to promote healthy development;(I)providing
training or professional development for child care providers to serve and
support children with disabilities;(J)providing
training and outreach on engaging parents and families in culturally and
linguistically appropriate ways to expand their knowledge, skills, and capacity
to become meaningful partners in supporting their children's learning and
development;(K)providing
training or professional development for child care providers regarding the
early neurological development of children; and(L)connecting child care staff members of child care providers with available Federal and State
financial aid, or other resources,
that would assist child care staff members in pursuing relevant
postsecondary
training.(2)Supporting the
use of the early learning and developmental guidelines described in section
658E(c)(2)(T) by—(A)developing and
implementing the State’s early learning and developmental guidelines;
and(B)providing
technical assistance to enhance early learning for preschool and school-aged
children in order to promote language and literacy skills, foster school
readiness, and support later school success.(3)Developing and
implementing a tiered quality rating system for child care providers, which
shall—(A)support and
assess the quality of child care providers in the State;(B)build on
licensing standards and other State regulatory standards for such
providers;(C)be designed to
improve the quality of different types of child care providers;(D)describe the
quality of early learning facilities;(E)build the
capacity of State early childhood education and care programs and communities to
promote parents’
and families’ understanding of the State’s early childhood education and care
system and the
ratings of the programs in which the child is enrolled; and(F)provide, to the
maximum extent practicable, financial incentives and other supports designed to
help child care providers
achieve and sustain higher levels of quality.(4)Improving the
supply and quality of child care programs and services for infants and toddlers
through activities, which may include—(A)establishing or
expanding neighborhood-based high-quality comprehensive family and child
development centers, which may serve as resources to child care providers in
order to improve the quality of early childhood education and care and early
childhood development services provided to infants and toddlers from low-income
families and to help eligible child care providers improve their capacity to
offer high-quality care to infants and toddlers from low-income
families;(B)establishing or
expanding the operation of community or neighborhood-based family child care
networks;(C)supporting
statewide networks of infant and toddler child care specialists, including
specialists who have knowledge regarding infant and toddler development and
curriculum and program implementation as well as the ability to coordinate
services with early intervention specialists who provide services for infants
and toddlers with disabilities under part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1431 et seq.);(D)carrying out
initiatives to improve the quality of the infant and toddler child care
workforce, such as providing relevant training, professional development, or
mentoring opportunities and linking such opportunities to career pathways,
developing career pathways for providers in such workforce, and improving the
State
credentialing of eligible providers caring for infants and toddlers;(E)if applicable,
developing infant and toddler components within the State’s quality rating
system described in paragraph (3) for child care providers for infants and
toddlers, or the development of infant and toddler components in a State’s
child care licensing regulations or early learning and developmental guidelines;(F)improving the
ability of parents to access information about high-quality infant and toddler
care; and(G)carrying out
other activities determined by the State to improve the quality of infant and
toddler care provided in the State, and for which there is evidence that the
activities will lead to improved infant and toddler health and safety, infant
and toddler development, or infant and toddler well-being, including providing
training (including training in safe sleep practices, first aid, and
cardiopulmonary resuscitation).(5)Promoting broad
child care provider participation in the quality rating system described in
paragraph (3).(6)Establishing or
expanding a statewide system of child care resource and referral
services.(7)Facilitating
compliance with State requirements for inspection, monitoring, training, and
health and safety, and with State licensing standards.(8)Evaluating and
assessing the quality and effectiveness of child care programs and services
offered in the State, including evaluating how such programs and services may
improve the overall school readiness of young children.(9)Supporting child
care providers in the pursuit of accreditation by an established national
accrediting body with demonstrated, valid, and reliable program standards of
high quality.(10)Supporting State
or local efforts to develop or adopt high-quality program standards relating to
health, mental health, nutrition, physical activity, and physical development
and providing resources to enable eligible child care providers to meet,
exceed, or sustain success in meeting or exceeding, such standards.(11)Carrying out
other activities determined by the State to improve the quality of child care
services provided in the State, and for which measurement of outcomes relating
to improved provider preparedness, child safety, child well-being, or school
readiness is possible.(c)Beginning
with fiscal year 2015, at the beginning of each fiscal year, the State shall
annually submit to the Secretary a certification containing an assurance that
the State was in compliance with subsection (a) during the preceding fiscal
year and a description of how the State used funds received under this
subchapter to
comply with subsection (a) during that preceding fiscal year.(d)Each State receiving funds under this subchapter
shall prepare and submit an annual report to the Secretary, which shall include
information about—(1)the amount of
funds that are reserved under subsection (a);(2)the activities
carried out under this section; and(3)the measures that
the State will use to evaluate the State's progress in improving the quality of
child care programs and services in the State.(e)The Secretary shall offer technical assistance, in
accordance with section 658I(a)(3), which may include technical assistance
through the use of grants or cooperative agreements, to States for the
activities described in subsection (b).(f)Nothing
in this section shall be construed as providing the Secretary the authority to
regulate, direct, or dictate State child care quality activities or progress in
implementing those
activities..7.Criminal
background checksThe Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is
amended by inserting after section 658G the following:658H.Criminal
background checks(a)A State that receives funds to carry out this subchapter
shall have in effect—(1)requirements,
policies, and procedures to require and conduct criminal background checks for
child care staff members (including prospective child care staff members) of
child care providers described in subsection (c)(1); and(2)licensing,
regulation, and registration requirements, as applicable, that prohibit the
employment of child care staff members as described in subsection (c).(b)A
criminal background check for a child care staff member under subsection (a)
shall include—(1)a
search of each State criminal and sex offender registry or repository in the
State where the child care staff member resides and each State where such staff
member resided during the preceding 10 years;(2)a
search of State-based child abuse and neglect registries and databases in the
State where the child care staff member resides and each State where such staff
member resided during the preceding 10 years;(3)a search of the
National Crime Information Center;(4)a
Federal Bureau of Investigation fingerprint check using the Integrated
Automated Fingerprint Identification System; and(5)a
search of the National Sex Offender Registry established under the Adam Walsh
Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.).(c)(1)A child care staff member shall be ineligible for
employment by a child care provider that is licensed, regulated, or registered
by the State or for which assistance is provided in accordance with this
subchapter, if such individual—(A)refuses to
consent to the criminal background check described in subsection (b);(B)knowingly makes a
materially false statement in connection with such criminal background
check;(C)is registered, or
is required to be registered, on a State sex offender registry or repository or
the National
Sex Offender Registry established under the Adam Walsh Child Protection and
Safety Act of 2006 (42 U.S.C. 16901 et seq.); or(D)has been
convicted of a felony consisting of—(i)murder, as
described in section 1111 of title 18, United States Code;(ii)child abuse or
neglect;(iii)a
crime against children, including child pornography;(iv)spousal
abuse;(v)a
crime involving rape or sexual assault;(vi)kidnaping;(vii)arson;(viii)physical
assault or battery; or(ix)subject to
subsection (e)(4), a drug-related offense committed during the preceding 5
years; or(E)has been convicted of a violent misdemeanor committed as an adult against a child,
including the following crimes: child abuse, child endangerment, sexual assault, or of a
misdemeanor involving child pornography.(2)A child care provider described in paragraph (1) shall
be ineligible for assistance provided in accordance with this subchapter if the
provider employs a staff member who is ineligible for employment under
paragraph (1).(d)Submission of
requests for background checks(1)A child care provider covered by subsection (c) shall
submit a request, to the appropriate State agency designated by a State, for a
criminal background check described in subsection (b), for each child care
staff member (including prospective child care staff members) of the
provider.(2)Subject to paragraph (4), in the case of an individual
who became a child care staff member before the date of enactment of the Child
Care and Development Block Grant Act of 2014, the provider shall submit such a
request—(A)prior to the last
day described in subsection (i)(1); and(B)not less often
than once during each 5-year period following the first submission date under
this paragraph for that staff member.(3)Prospective
staff membersSubject to paragraph (4), in the case of an
individual who is a prospective child care staff member on or after that date
of enactment, the provider shall submit such a request—(A)prior to the date
the individual becomes a child care staff member of the provider; and(B)not less often
than once during each 5-year period following the first submission date under
this paragraph for that staff member.(4)Background
check for another child care providerA child care provider shall
not be required to submit a request under paragraph (2) or (3) for a child care
staff member if—(A)the staff member
received a background check described in subsection (b)—(i)within 5 years
before the latest date on which such a submission may be made; and(ii)while employed
by or seeking employment by another child care provider within the State;(B)the State provided to the first provider a qualifying background check result, consistent with
this subchapter, for the staff member; and(C)the staff member is employed by a child care provider within the State, or has been separated from
employment from a child care provider within the State for a period of not
more than 180 consecutive days.(e)Background
check results and appeals(1)The State shall carry out the request of a child
care provider for a criminal background check as expeditiously as possible, but
in
not to exceed 45 days after the date on which such request was submitted, and
shall provide the results of the criminal background
check to such provider and to the current or prospective staff member.(2)(A)The State shall provide the results of the criminal
background check to the provider in a statement that indicates whether a child
care staff member (including a prospective child care staff member) is eligible
or ineligible for employment described in subsection (c), without revealing any
disqualifying crime or other related information regarding the
individual.(B)If the child care staff member is ineligible for
such employment due to the background check, the State will, when providing the
results of the background check, include information related to each
disqualifying crime, in a report to the staff member or prospective staff
member.(C)Public release
of resultsNo State shall publicly release or share the results
of individual background checks, however, such results of background checks may
be included in the development or dissemination of local or statewide data
related to background checks, if such results are not individually
identifiable.(3)(A)The State shall provide for a process by which a child
care staff member (including a prospective child care staff member) may appeal
the results of a criminal background check conducted under this section to
challenge the accuracy or completeness of the information contained in such
member’s criminal background report.(B)The State shall ensure that—(i)each child care
staff member shall be given notice of the opportunity to appeal;(ii)a child care
staff member will receive instructions about how to complete the appeals
process if the child care staff member wishes to challenge the accuracy or
completeness of the information contained in such member's criminal background
report; and(iii)the appeals
process is completed in a timely manner for each child care staff
member.(4)The
State may allow for a review process through which the State may determine that
a child care staff member (including a prospective child care staff member)
disqualified for a crime specified in subsection (c)(1)(D)(ix) is eligible for
employment described in subsection (c)(1), notwithstanding subsection (c). The
review process shall be consistent with title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.).(5)No private
right of actionNothing in this section shall be construed to
create a private right of action if the provider is in compliance with State
regulations and requirements.(f)Fees for
background checksFees that a State may charge for the costs of
processing applications and administering a criminal background check as
required by this section shall not exceed the actual costs to the State for the
processing and administration.(g)(1)Disqualification
for other crimesNothing in this section shall be construed to
prevent a State from disqualifying individuals as child care staff members
based on their conviction for crimes not specifically listed in this section
that bear upon the fitness of an individual to provide care for and have
responsibility for the safety and well-being of children.(2)Nothing in this section shall be construed to alter or
otherwise affect the rights and remedies provided for child care staff members
residing in a State that disqualifies individuals as child care staff members
for crimes not specifically provided for under this section.(h)In this section—(1)the term
child care provider means a center-based child care provider, a
family child care provider, or another provider of child care services for
compensation and on a regular basis that—(A)is not an
individual who is related to all children for whom child care services are
provided; and(B)is licensed,
regulated, or registered under State law or receives assistance provided in
accordance with this subchapter; and(2)the term
child care staff member means an individual (other than an
individual who is related to all children for whom child care services are
provided)—(A)who is employed
by a child care provider for compensation;(B)whose activities
involve the care or supervision of children for a child care provider or
unsupervised access to children who are cared for or supervised by a child care
provider; or(C)who is a family
child care provider.(i)(1)A State that receives funds under this subchapter shall
meet the requirements of this section for the provision of criminal background
checks for child care staff members described in subsection (d)(1) not later
than the last day of the second full fiscal year after the date of enactment of
the Child Care and Development Block Grant Act of 2014.(2)The
Secretary may grant a State an extension of time, of not more than 1 fiscal
year, to meet the requirements of this section if the State demonstrates a good
faith effort to comply with the requirements of this section.(3)Penalty for
noncomplianceExcept as provided in paragraphs (1) and (2), for
any fiscal year that a State fails to comply substantially with the
requirements of this section, the Secretary shall withhold 5 percent of the
funds that would otherwise be allocated to that State in accordance with this
subchapter for the following fiscal
year..8.(a)Section
658I of the Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858g) is amended—(1)in subsection
(a)—(A)in paragraph
(2)—(i)by inserting a
comma after publish
; and(ii)by striking
and
at the end;(B)by striking
paragraph (3) and inserting the following:(3)provide technical
assistance to States (which may include providing assistance on a reimbursable
basis), consistent with (as appropriate) scientifically valid research, to
carry out this subchapter;;
and(C)by adding at the
end the following:(4)disseminate, for
voluntary informational purposes, information on practices that scientifically
valid research indicates are most successful in improving the quality of
programs that receive assistance with this subchapter;(5)after consultation with the Secretary of Education and the heads of any other
Federal agencies involved, issue guidance, and disseminate
information on best practices, regarding use of funding combined by States
as described in section 658E(c)(2)(O)(ii), consistent with law other than
this
subchapter.;
and(2)by adding at the
end the following:(c)Nothing
in this subchapter shall be construed as providing the Secretary the authority
to permit States to alter the eligibility requirements for eligible children,
including work requirements that apply to the parents of eligible
children..(b)Section 658I of the Child Care and Development Block Grant Act of 1990, as amended by subsection
(a), is
further amended by adding at the end the following:(d)(1)The State may submit to the Secretary a request for
relief from any provision of Federal law (including a regulation, policy, or
procedure) affecting the delivery of child care services with Federal funds,
other
than this subchapter, that conflicts with a requirement of
this subchapter.(2)Such
request shall—(A)detail the
provision of Federal law that conflicts with that requirement;(B)describe how
modifying compliance with that provision of Federal law to meet the
requirements of this subchapter will, by itself, improve delivery of child care
services for
children in the State; and(C)certify that the
health, safety, and well-being of children served through assistance received
under this subchapter will not be compromised as a result.(3)The
Secretary shall consult with the State submitting the request and the head of
each Federal agency (other than the Secretary) with responsibility for
administering the Federal law
detailed in the State’s request. The consulting parties shall jointly
identify—(A)any provision of
Federal law (including a regulation, policy, or procedure) for which a waiver
is necessary to enable the State to provide services in accordance with the
request; and(B)any corresponding
waiver.(4)Notwithstanding
any other provision of law, and after the joint identification described in
paragraph (3), the head of the Federal agency involved shall have the authority
to waive any statutory provision administered by that agency, or any
regulation, policy, or procedure issued by that agency, that has been so
identified, unless the head of the Federal agency determines that such a waiver
is inconsistent with the objectives of this subchapter or the Federal law from
which relief is sought.(5)Within
90 days after the receipt of a State’s request under this subsection, the
Secretary shall inform the State of the Secretary’s approval or disapproval of
the request. If the plan is disapproved, the Secretary shall inform the State,
in writing, of the reasons for the disapproval and give the State the
opportunity to amend the
request.(6)The Secretary may approve a request under this subsection for a period of not more than 3 years,
and may renew the approval for additional periods of not more than 3
years.(7)The Secretary shall terminate approval of a request for relief authorized under this subsection if
the Secretary determines,
after notice and opportunity for a hearing, that the performance of a
State granted relief under this subsection has been inadequate, or if such
relief is no longer necessary to achieve its original purposes..(c)Section
658K(a) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858i(a)) is amended—(1)in paragraph
(1)(B)—(A)in clause (ix),
by striking and
at the end;(B)in clause (x), by
inserting and
at the end; and(C)by inserting
after clause (x), the following:(xi)whether the
children receiving assistance under this subchapter are homeless
children;;
and(2)in paragraph
(2)—(A)in the matter
preceding subparagraph (A), by striking 1997
and inserting 2014
; and(B)in subparagraph
(A), by striking section 658P(5)
and inserting section
658P(6)
.(d)Section 658L of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858j) is
amended—(1)by striking the
section heading and inserting the following:658L.Reports,
hotline, and Web
site;(2)by striking
Not later
and inserting the following:(a)Not
later;(3)by striking
1998
and inserting 2016
; and(4)by striking
to the Committee
and all that follows through of the
Senate
and inserting 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
; and(5)by adding at the
end the following:(b)National
toll-Free hotline and Web site(1)The Secretary shall operate a national toll-free hotline
and Web site, to—(A)develop and
disseminate publicly available child care consumer education information for
parents and help parents access safe, affordable, and quality child care in
their community; and(B)to allow persons
to report (anonymously if desired) suspected child abuse or neglect, or
violations of health and safety requirements, by an eligible child care
provider that receives assistance under this subchapter.(2)The
Secretary shall ensure that the hotline and Web site meet the following
requirements:(A)Referral to
local child care providersThe Web site shall be hosted by
childcare.gov
. The Web site shall enable a child care consumer
to enter a zip code and obtain a referral to local child care providers
described in subparagraph (B) within a specified search radius.(B)The
Web site shall provide to consumers, directly or through linkages to State
databases, at a minimum—(i)a
localized list of all State licensed child care providers;(ii)any
provider-specific information from a Quality Rating and Improvement System or
information about other quality indicators, to the extent the information is
publicly available and to the extent practicable;(iii)any
other provider-specific information about compliance with licensing, and health
and safety, requirements to the extent the information is publicly available
and to the extent practicable;(iv)referrals to
local resource and referral organizations from which consumers can find more
information about child care providers, and a recommendation that consumers
consult with the organizations when selecting a child care provider; and(v)State
information about child care subsidy programs and other financial supports
available to families.(C)The Web site and hotline shall have the capacity to help
families in every State and community in the Nation.(D)The Web site shall provide, to parents and families,
access to information about child care 24 hours a day.(E)Services in
different languagesThe Web site and hotline shall ensure the
widest possible access to services for families who speak languages other than
English.(F)High-quality
consumer education and referralThe Web site and hotline shall
ensure that families have access to child care consumer education and referral
services that are consistent and of high quality.(3)Nothing
in this subsection shall be construed to allow the Secretary to compel States
to provide additional data and information that is currently (as of the date of
enactment of the Child Care and Development Block Grant Act of 2014) not publicly available, or is not
required by this
subchapter..(e)Protection of informationSection
658K(a)(1) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858i(a)(1)) is amended by adding at the end the following:(E)Reports submitted to the Secretary under subparagraph (C) shall not contain individually
identifiable information..9.Reservation for
toll-free hotline and Web site; payments to benefit Indian
childrenSection 658O of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m) is
amended—(1)in subsection (a)—(A)in paragraph (2)—(i)by striking The Secretary
and inserting the following:(A)The Secretary;(ii)by striking 1 percent, and not more than 2 percent,
and inserting 2 percent
; and(iii)by adding at the end the following:(B)Notwithstanding subparagraph (A), the Secretary shall only reserve an amount that is greater than 2
percent of the amount appropriated under section 658B, for payments
described in subparagraph (A), for a fiscal year (referred to in this
subparagraph as the reservation year
) if —(i)the amount appropriated under section 658B for the reservation year is greater than the amount
appropriated under section 658B for fiscal year 2014; and(ii)the Secretary ensures that the amount allotted to States under subsection (b) for the reservation
year is not less than the amount allotted to States under subsection (b)
for fiscal year 2014.; and(B)by adding at the end the following:(3)National
toll-free hotline and Web siteThe Secretary shall reserve not
less than $1,000,000 of the amount appropriated under this subchapter for each
fiscal year for the operation of a national toll-free hotline and Web site,
under section 658L(b).;
and(2)in subsection (c)—(A)in paragraph (2), by adding at the end the following:(D)In lieu of any licensing and regulatory requirements applicable under State or local law, the
Secretary, in consultation with Indian tribes and tribal organizations,
shall develop minimum child care standards that shall be applicable to
Indian tribes and tribal organizations receiving assistance under this
subchapter. Such standards shall appropriately reflect Indian tribe and
tribal organization needs and available resources, and shall include
standards requiring a publicly available application, health and safety
standards, and standards requiring a reservation of funds for activities
to improve the quality of child care provided to Indian children.; and(B)in paragraph (6), by striking subparagraph (C) and inserting the following:(C)(i)Except as provided in clause (ii), the Secretary may not permit an Indian tribe or tribal
organization to use amounts provided under this subsection for
construction or renovation if the use will result in a decrease in the
level of child care services provided by the Indian tribe or tribal
organization as compared to the level of child care services provided by
the Indian tribe or tribal organization in the fiscal year preceding the
year for which the determination under subparagraph (B) is being made.(ii)The Secretary shall waive the limitation described in clause (i) if—(I)the Secretary determines that the decrease in the level of child care services provided by the
Indian tribe or tribal organization is temporary; and(II)the Indian tribe or tribal organization submits to the Secretary a plan that demonstrates that
after the date on which the construction or renovation is completed—- (aa)the level of child care services will increase; or
- (bb)the quality of child care services will improve.
.10.Section 658P of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858n) is amended—(1)by striking
paragraph (4) and inserting the following:(3)The term child with a disability
means—(A)a child with a
disability, as defined in section 602 of the Individuals with Disabilities
Education Act (20 U.S.C. 1401);(B)a child who is
eligible for early intervention services under part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1431 et seq.);(C)a child who is
less than 13 years of age and who is eligible for services under section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794); and(D)a child with a
disability, as defined by the State involved.(4)The term eligible child means an
individual—(A)who is less than
13 years of age;(B)whose family
income does not exceed 85 percent of the State median income for a family of
the same size, and whose family assets do not exceed $1,000,000 (as certified by
a member of such family); and(C)who—(i)resides with a
parent or parents who are working or attending a job training or educational
program; or(ii)is
receiving, or needs to receive, protective services and resides with a parent
or parents not described in clause
(i).;(2)by redesignating
paragraphs (5) through (9) as paragraphs (6) through (10), respectively;(3)by inserting
after paragraph (4), the following:(5)The term English learner means an individual
who is limited English proficient, as defined in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801) or section 637 of the Head
Start Act (42 U.S.C.
9832).;(4)in paragraph
(6)(A), as redesignated by paragraph (2)—(A)in clause (i), by
striking section 658E(c)(2)(E)
and inserting section
658E(c)(2)(F)
; and(B)in clause (ii),
by striking section 658E(c)(2)(F)
and inserting section
658E(c)(2)(I)
;(5)in paragraph (9),
as redesignated by paragraph (2), by striking designated
and all
that follows and inserting designated or established under section
658D(a).
;(6)in paragraph
(10), as redesignated by paragraph (2), by inserting , foster
parent,
after guardian
;(7)by redesignating paragraphs (11) through (14) as paragraphs (12) through (15), respectively; and(8)by inserting after paragraph (10), as redesignated by paragraph (2), the following:(11)Scientifically
valid researchThe term scientifically valid
research includes applied research, basic research, and field-initiated
research, for which the rationale, design, and interpretation are soundly
developed in accordance with principles of scientific
research..10A.Parental rights and responsibilitiesSection 658Q of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858o) is
amended—(1)by inserting before Nothing
the following:(a); and(2)by adding at the end the following:(b)Parental rights To use child care certificatesNothing in this subchapter shall be construed in a manner—(1)to favor or promote the use of grants and contracts for the receipt of child care services under
this
subchapter over the use of child care
certificates; or(2)to disfavor or discourage the use of such certificates for the purchase of child care
services, including those services provided by private or nonprofit
entities, such as faith-based providers..11.(a)The
Comptroller General of the United States shall conduct studies to determine,
for each State, the number of families that—(1)are eligible to
receive assistance under the Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9858 et seq.);(2)have applied for
the assistance; and(3)have been placed
on a waiting list for the assistance.(b)The
Comptroller General shall prepare a report containing the results of each study
and shall submit the report to the appropriate committees of Congress—(1)not later than 2
years after the date of enactment of this Act; and(2)every 2 years
thereafter.(c)In
this section, the term State has the meaning given the term in
section 658P of the Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858n).12.Section 319C–1(b)(2)(A)(vii) of the Public Health Service Act (42 U.S.C. 247d–3a(b)(2)(A)(vii)) is
amended by inserting or established
after designated
.13.Review of Federal early learning and care programs(a)The Secretary of Health and Human Services, in conjunction with the Secretary of Education, shall
conduct an interdepartmental review of all early learning and care
programs in order to—(1)develop a plan for the elimination of duplicative and overlapping programs, as identified by the
Government Accountability Office’s 2012 annual report (GAO–12–342SP); and(2)make recommendations to Congress for streamlining all such programs.(b)Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human
Services, in consultation with the Secretary of Education and the heads of
all Federal agencies that administer Federal early learning and care
programs, shall submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and the Workforce
of the House of Representatives, a detailed report that outlines the
efficiencies that can be achieved by, as well as specific recommendations
for, eliminating duplication, overlap, and fragmentation among all Federal
early learning and care programs.14.(a)This section may be cited as
the Safe Child Care Act of 2014
.(b)Section 231 of the
Crime Control Act of 1990 (42 U.S.C. 13041) is amended—(1)in subsection (a)—(A)in paragraph (1), by striking
subsection (b)(3)
and inserting paragraph (3)
;
and(B)by redesignating
paragraph (2) as paragraph (4);(2)by moving
paragraphs (2) and (3) of subsection (b) to subsection (a), and inserting
them
after paragraph (1) of that subsection;(3)in subsection
(a)(3), as redesignated by paragraph (2) of this subsection, by striking
subsection (a)(1)
and inserting paragraph
(1)
;(4)in subsection
(b), by striking paragraph (1) and inserting the following:(1)A background check required by
subsection (a) shall be initiated through the personnel programs of
the
applicable Federal agencies.(2)A
background check for a child care staff member under subsection (a)
shall
include—(A)a
search, including a fingerprint check, of the State criminal
registry or
repository in—(i)the State where the child care staff member
resides; and(ii)each State where the child care staff
member previously resided during the longer of—(I)the 10-year period ending on the date on
which the background check is initiated; or(II)the period beginning on the date on which
the child care staff member attained 18 years of age and ending on
the date on
which the background check is initiated;(B)a
search of State-based child abuse and neglect registries and
databases
in—(i)the State where the child care staff member
resides; and(ii)each State where the child care staff
member previously resided during the longer of—(I)the 10-year period ending on the date on
which the background check is initiated; or(II)the period beginning on the date on which
the child care staff member attained 18 years of age and ending on
the date on
which the background check is initiated;(C)a
search of the National Crime Information Center database;(D)a
Federal Bureau of Investigation fingerprint check using the
Integrated
Automated Fingerprint Identification System;(E)a
search of the National Sex Offender Registry established under the
Adam Walsh
Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.);
and(F)a
search of the State sex offender registry established under that
Act in—(i)the State where the child care staff member
resides; and(ii)each State where the child care staff
member previously resided during the longer of—(I)the 10-year period ending on the date on
which the background check is initiated; or(II)the period beginning on the date on which
the child care staff member attained 18 years of age and ending on
the date on
which the background check is initiated.(3)A
child care staff member shall be ineligible for employment by a
child care
provider if such individual—(A)refuses to consent to the background check
described in subsection (a);(B)makes a false statement in connection with
such background check;(C)is
registered, or is required to be registered, on a State sex
offender registry
or the National Sex Offender Registry established under the Adam
Walsh Child
Protection and Safety Act of 2006; or(D)has been convicted of a felony consisting
of—(i)murder, as described in section 1111 of
title 18, United States Code;(ii)child abuse or neglect;(iii)a crime against children, including child
pornography;(iv)spousal abuse;(v)a crime involving rape or sexual
assault;(vi)kidnapping;(vii)arson;(viii)physical assault or battery; or(ix)subject to paragraph (5)(D), a drug-related
offense committed during the preceding 5 years.(4)(A)A child care provider covered by paragraph
(3) shall submit a request, to the appropriate State agency
designated by a
State, for a background check described in subsection (a), for each
child care
staff member (including prospective child care staff members) of
the
provider.(B)In the case of an individual who is hired
as a child care staff member before the date of enactment of the
Safe Child Care Act of 2014,
the provider shall submit such a request—(i)prior to the last day of the second full
fiscal year after that date of enactment; and(ii)not less often than once during each 5-year
period following the first submission date under this subparagraph
for that
staff member.(C)In the case of an individual who is a
prospective child care staff member on or after that date of
enactment, the
provider shall submit such a request—(i)prior to the date the individual becomes a
child care staff member of the provider; and(ii)not less often than once during each 5-year
period following the first submission date under this subparagraph
for that
staff member.(5)(A)The State shall—(i)carry out the request of a child care
provider for a background check described in subsection (a) as
expeditiously as
possible; and(ii)in accordance with subparagraph (B) of this
paragraph, provide the results of the background check to—(I)the child care provider; and(II)the current or prospective child care staff
member for whom the background check is conducted.(B)(i)The State shall provide the results of a
background check to a child care provider as required under
subparagraph
(A)(ii)(I) in a statement that—(I)indicates whether the current or
prospective child care staff member for whom the background check
is conducted
is eligible or ineligible for employment by a child care provider;
and(II)does not reveal any disqualifying crime or
other related information regarding the current or prospective
child care staff
member.(ii)If a current or prospective child
care staff member is ineligible for employment by a child care
provider due to
a background check described in subsection (a), the State shall
provide the
results of the background check to the current or prospective child
care staff
member as required under subparagraph (A)(ii)(II) in a criminal
background
report that includes information relating to each disqualifying
crime.(iii)A State—(I)may not publicly release or share the
results of an individual background check described in subsection
(a);
and(II)may include the results of background
checks described in subsection (a) in the development or
dissemination of local
or statewide data relating to background checks if the results are
not
individually identifiable.(C)(i)The State shall provide
for a process by which a child care staff member (including a
prospective child
care staff member) may appeal the results of a background check
required under
subsection (a) to challenge the accuracy or completeness of the
information
contained in the criminal background report of the staff member.(ii)The State shall ensure that—(I)the appeals process is completed in a
timely manner for each child care staff member;(II)each child care staff member is given
notice of the opportunity to appeal; and(III)each child care staff member who
wishes to challenge the accuracy or completeness of the information
in the
criminal background report of the child care staff member is given
instructions
about how to complete the appeals process.(D)(i)The State may allow for
a review process through which the State may determine that a child
care staff
member (including a prospective child care staff member)
disqualified for a
crime specified in paragraph (3)(D)(ix) is eligible for employment
by a child
care provider, notwithstanding paragraph (3).(ii)The review
process under this subparagraph shall be consistent with title VII
of the Civil
Rights Act of 1964 (42 U.S.C. 2000e et seq.).(E)Nothing in this section shall be
construed to create a private right of action against a child care
provider if
the child care provider is in compliance with this section.(F)This section shall apply to each
State that receives funding under the Child Care and Development
Block Grant
Act of 1990 (42 U.S.C. 9858 et seq.).(6)Fees that the State may charge for the
costs of conducting a background check as required by subsection
(a) shall not
exceed the actual costs to the State for the administration of such
background
checks.(7)Nothing in this subsection shall be
construed to prevent a Federal agency from disqualifying an
individual as a
child care staff member based on a conviction of the individual for
a crime not
specifically listed in this subsection that bears upon the fitness
of an
individual to provide care for and have responsibility for the
safety and
well-being of children.(8)In this subsection—(A)the term child care provider
means an agency of the Federal Government, or a unit of or
contractor with the
Federal Government that is operating a facility, described in
subsection (a);
and(B)the term child care staff
member means an individual who is hired, or seeks to be hired, by a
child care provider to be involved with the provision of child care
services,
as described in subsection (a).; and(5)by striking
subsection (c) and inserting the following:(c)Suspension
pending disposition of criminal caseIn the case of an incident
in which an individual has been charged with an offense described
in subsection
(b)(3)(D) and the charge has not yet been disposed of, an employer
may suspend
an employee from having any contact with children while on the job
until the
case is
resolved..(c)The
amendments made by this section shall take effect on October 1 of the
second full fiscal
year after the date of enactment of this Act.15.Allotment of space in Federal buildings for child careSection 590 of title 40, United States Code, is amended—(1)by redesignating subsections (a) through (g) as subsections (b) through (h), respectively;(2)by inserting before subsection (b) (as so redesignated) the following:(a)Definition of Federal employeeIn this section, the term Federal employee does not include a person that—(1)is not employed by the Federal Government; and(2)meets the requirements described in subsection (c)(2)(C)(i)(II).;(3)in paragraph (2)(C) of subsection (c) (as so redesignated), by striking clause (i) and
inserting the following:(i)the space will be used to provide child care services to children of whom at least 50 percent have
1 parent or guardian who—(I)is employed by the Federal Government; or(II)- (aa)has met the requirements for a master’s degree or a doctorate degree from an institution of higher
education (as defined in section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002)); and
- (bb)is conducting research in the Federal building under an arrangement between the parent or guardian
and a Federal agency.
; and(4)in subsection (d) (as so redesignated), by striking subsection (b)
each place it appears and inserting subsection (c)
.16.Sense of the Senate on significantly reducing child poverty by calendar year 2019(a)The Senate finds that—(1)the United States has the highest rate of childhood poverty among 34 major countries in the
Organisation for Economic Cooperation and Development, including Denmark,
Finland, Norway, Iceland, Cyprus, Austria, Sweden, the Czech Republic,
Germany, Slovenia, Hungary, South Korea, the United Kingdom, Switzerland,
the Netherlands, Ireland, France, Malta, Luxembourg, Slovakia, Estonia,
Belgium, New Zealand, Poland, Canada, Australia, Japan, Portugal, Greece,
Italy, Lithuania, Latvia, Spain, and Bulgaria;(2)a record-breaking 46,496,000 individuals lived in poverty in the United States in 2012, which is an
increase of 14,915,000 individuals since 2000;(3)16,073,000 children in the United States lived in poverty in 2012, which is an increase of
4,486,000 children since 2000;(4)more than 7,100,000 children in the United States, 40 percent of children living in poverty in the
United States, live in extreme poverty (defined as living in families
with an income that is less than half of the poverty level);(5)nearly 1,200,000 public school students in the United States were homeless in the 2011–2012 school
year, an
increase of 73 percent since the 2006–2007 school year;(6)in an average month in fiscal year 2011, 1,200,000 households with children in the United States
did not have any cash income and, for food, depended only on benefits
under the supplemental nutrition assistance program established under the
Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);(7)in 2012, government assistance programs removed from poverty 9,000,000 children, including
5,300,000 children through the earned income tax credit under section 32
of the Internal Revenue Code of 1986 and the child tax credit under
section 24 of the Internal Revenue Code of 1986, and 2,200,000 children
through the supplemental nutrition assistance program established under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);(8)in 2012, child poverty would have been 57 percent higher, and extreme poverty would have been 240
percent higher, without government tax credits and food, housing, and
energy benefits;(9)in 2013, an individual working full-time at the Federal minimum wage could not afford the fair
market rent for a 2-bedroom rental unit and have enough money for food,
utilities, and other necessities;(10)in school years 2009–2010 and 2010–2011, less than half of children ages 3 and 4 were enrolled in
preschool;(11)Early Head Start programs carried out under the Head Start Act (42 U.S.C. 9831 et seq.) served only
4 percent of the 2,900,000 eligible poor infants and toddlers each day in
fiscal year 2012, and Head Start programs carried out under such Act
served only 41 percent of the 2,000,000 eligible poor children ages 3 and
4;(12)more than 220,000 children are on waiting lists for child care assistance; and(13)child poverty costs the United States not less than $500,000,000 each year in additional education,
health, and criminal justice costs and in lost productivity.(b)It is the sense of the Senate that the President should immediately present to Congress a
comprehensive plan to significantly reduce child
poverty in the United States by calendar
year 2019.Passed the Senate March 13, 2014.Secretary