[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1086 Engrossed Amendment House (EAH)]

<DOC>

                In the House of Representatives, U. S.,

                                                    September 15, 2014.
    Resolved, That the bill from the Senate (S. 1086) entitled ``An Act 
to reauthorize and improve the Child Care and Development Block Grant 
Act of 1990, and for other purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Care and Development Block 
Grant Act of 2014''.

SEC. 2. SHORT TITLE AND PURPOSES.

    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:

``SEC. 658A. SHORT TITLE AND PURPOSES.

    ``(a) Short Title.--This subchapter may be cited as the `Child Care 
and Development Block Grant Act of 1990'.
    ``(b) Purposes.--The purposes of this subchapter are--
            ``(1) to allow each State maximum flexibility in developing 
        child care programs and policies that best suit the needs of 
        children and parents within that State;
            ``(2) to promote parental choice to empower working parents 
        to make their own decisions regarding the child care services 
        that best suit their family's needs;
            ``(3) to encourage States to provide consumer education 
        information to help parents make informed choices about child 
        care services and to promote involvement by parents and family 
        members in the development of their children in child care 
        settings;
            ``(4) to assist States in delivering high-quality, 
        coordinated early childhood care and education services to 
        maximize parents' options and support parents trying to achieve 
        independence from public assistance;
            ``(5) to assist States in improving the overall quality of 
        child care services and programs by implementing the health, 
        safety, licensing, training, and oversight standards 
        established in this subchapter and in State law (including 
        State regulations);
            ``(6) to improve child care and development of 
        participating children; and
            ``(7) to increase the number and percentage of low-income 
        children in high-quality child care settings.''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    Section 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 through the period at the end, and inserting ``subchapter 
$2,360,000,000 for fiscal year 2015, $2,478,000,000 for fiscal year 
2016, $2,539,950,000 for fiscal year 2017, $2,603,448,750 for fiscal 
year 2018, $2,668,534,969 for fiscal year 2019, and $2,748,591,018 for 
fiscal year 2020.''.

SEC. 4. LEAD AGENCY.

    (a) Designation.--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 Tribes.--Section 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 in a timely manner.''.

SEC. 5. APPLICATION AND PLAN.

    (a) Period.--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) Policies and Procedures.--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 reports.--The plan 
                shall include a certification that the State, not later 
                than 1 year after the State has in effect the policies 
                and practices described in subparagraph (K)(i), will 
                make public by electronic means, in a consumer-friendly 
                and easily accessible format, organized by provider, 
                the results of monitoring and inspection reports, 
                including those due to major substantiated complaints 
                about failure to comply with this subchapter and State 
                child care policies, as well as the number of deaths, 
                serious injuries, and instances of substantiated child 
                abuse that occurred in child care settings each year, 
                for eligible child care providers within the State. The 
                results shall also include information on the date of 
                such an inspection, and, where applicable, information 
                on corrective action taken.
                    ``(E) Consumer and provider education 
                information.--The plan shall include a certification 
                that the State will collect and disseminate (which 
                dissemination may be done, except as otherwise 
                specified in this subparagraph, through resource and 
                referral organizations or other means as determined by 
                the State) to parents of eligible children, the general 
                public, and, where applicable, providers--
                            ``(i) information about the availability of 
                        the full diversity of child care services that 
                        will promote informed child care choices and 
                        that concerns--
                                    ``(I) the availability of child 
                                care services provided through programs 
                                authorized by this subchapter and, if 
                                feasible, other child care services and 
                                other programs provided in the State 
                                for which the family may be eligible, 
                                as well as the availability of 
                                financial assistance to obtain child 
                                care services in the State;
                                    ``(II) if available, information 
                                about the quality of providers, as 
                                determined by the State, that can be 
                                provided through a Quality Rating and 
                                Improvement System;
                                    ``(III) information, made available 
                                through a State Web site, describing 
                                the State process for licensing child 
                                care providers, the State processes for 
                                conducting background checks, and 
                                monitoring and inspections, of child 
                                care providers, and the offenses that 
                                prevent individuals and entities from 
                                serving as child care providers in the 
                                State;
                                    ``(IV) other programs for which 
                                families that receive child care 
                                services for which financial assistance 
                                is provided under this subchapter may 
                                be eligible, including the program of 
                                block grants to States for temporary 
                                assistance for needy families 
                                established under part A of title IV of 
                                the Social Security Act (42 U.S.C. 601 
                                et seq.), Head Start and Early Head 
                                Start programs carried out under the 
                                Head Start Act (42 U.S.C. 9831 et 
                                seq.), the program carried out under 
                                the Low-Income Home Energy Assistance 
                                Act of 1981 (42 U.S.C. 8621 et seq.), 
                                the supplemental nutrition assistance 
                                program established under the Food and 
                                Nutrition Act of 2008 (7 U.S.C. 2011 et 
                                seq.), the special supplemental 
                                nutrition program for women, infants, 
                                and children established under section 
                                17 of the Child Nutrition Act of 1966 
                                (42 U.S.C. 1786), the child and adult 
                                care food program established under 
                                section 17 of the Richard B. Russell 
                                National School Lunch Act (42 U.S.C. 
                                1766), and the Medicaid and State 
                                children's health insurance programs 
                                under titles XIX and XXI of the Social 
                                Security Act (42 U.S.C. 1396 et seq., 
                                1397aa et seq.);
                                    ``(V) programs carried out under 
                                section 619 and part C of the 
                                Individuals with Disabilities Education 
                                Act (20 U.S.C. 1419, 1431 et seq.);
                                    ``(VI) research and best practices 
                                concerning children's development, 
                                including social and emotional 
                                development, early childhood 
                                development, and meaningful parent and 
                                family engagement, and physical health 
                                and development (particularly healthy 
                                eating and physical activity); and
                                    ``(VII) the State policies 
                                regarding the social-emotional 
                                behavioral health of young children, 
                                which may include positive behavioral 
                                intervention and support models, and 
                                policies on expulsion of preschool-aged 
                                children, in early childhood programs 
                                receiving assistance under this 
                                subchapter; and
                            ``(ii) information on developmental 
                        screenings, including--
                                    ``(I) information on existing (as 
                                of the date of submission of the 
                                application containing the plan) 
                                resources and services the State can 
                                deploy, including the coordinated use 
                                of the Early and Periodic Screening, 
                                Diagnosis, and Treatment program under 
                                the Medicaid program carried out under 
                                title XIX of the Social Security Act 
                                (42 U.S.C. 1396 et seq.) and 
                                developmental screening services 
                                available under section 619 and part C 
                                of the Individuals with Disabilities 
                                Education Act (20 U.S.C. 1419, 1431 et 
                                seq.), in conducting developmental 
                                screenings and providing referrals to 
                                services, when appropriate, for 
                                children who receive assistance under 
                                this subchapter; and
                                    ``(II) a description of how a 
                                family or eligible child care provider 
                                may utilize the resources and services 
                                described in subclause (I) to obtain 
                                developmental screenings for children 
                                who receive assistance under this 
                                subchapter who may be at risk for 
                                cognitive or other developmental 
                                delays, which may include social, 
                                emotional, physical, or linguistic 
                                delays.
                    ``(F) Compliance with state licensing 
                requirements.--
                            ``(i) In general.--The plan shall include a 
                        certification that the State involved has in 
                        effect licensing requirements applicable to 
                        child care services provided within the State, 
                        and provide a detailed description of such 
                        requirements and of how such requirements are 
                        effectively enforced.
                            ``(ii) License exemption.--If the State 
                        uses funds received under this subchapter to 
                        support a child care provider that is exempt 
                        from the corresponding licensing requirements 
                        described in clause (i), the plan shall include 
                        a description stating why such licensing 
                        exemption does not endanger the health, safety, 
                        or development of children who receive services 
                        from child care providers who are exempt from 
                        such requirements.
                    ``(G) Training and professional development 
                requirements.--
                            ``(i) In general.--The plan shall describe 
                        the training and professional development 
                        requirements that are in effect within the 
                        State designed to enable child care providers 
                        to promote the social, emotional, physical, and 
                        cognitive development of children and to 
                        improve the knowledge and skills of the child 
                        care workforce. Such requirements shall be 
                        applicable to child care providers that provide 
                        services for which assistance is provided in 
                        accordance with this subchapter.
                            ``(ii) Requirements.--The plan shall 
                        provide an assurance that such training and 
                        professional development--
                                    ``(I) shall be conducted on an 
                                ongoing basis, provide for a 
                                progression of professional development 
                                (which may include encouraging the 
                                pursuit of postsecondary education), 
                                reflect current research and best 
                                practices relating to the skills 
                                necessary for the child care workforce 
                                to meet the developmental needs of 
                                participating children, and improve the 
                                quality of, and stability within, the 
                                child care workforce;
                                    ``(II) shall be developed in 
                                consultation with the State Advisory 
                                Council on Early Childhood Education 
                                and Care (designated or established 
                                pursuant to section 642B(b)(1)(A)(i) of 
                                the Head Start Act (42 U.S.C. 
                                9837b(b)(1)(A)(i))), and may engage 
                                training providers in aligning training 
                                opportunities with the State's training 
                                framework;
                                    ``(III) incorporates knowledge and 
                                application of the State's early 
                                learning and developmental guidelines 
                                (where applicable), the State's health 
                                and safety standards, and incorporates 
                                social-emotional behavior intervention 
                                models, which may include positive 
                                behavior intervention and support 
                                models;
                                    ``(IV) shall be accessible to 
                                providers supported through Indian 
                                tribes or tribal organizations that 
                                receive assistance under this 
                                subchapter; and
                                    ``(V) to the extent practicable, 
                                are appropriate for a population of 
                                children that includes--
                                            ``(aa) different age 
                                        groups;
                                            ``(bb) English learners;
                                            ``(cc) children with 
                                        disabilities; and
                                            ``(dd) Native Americans, 
                                        including Indians, as the term 
                                        is defined in section 4 of the 
                                        Indian Self-Determination and 
                                        Education Assistance Act (25 
                                        U.S.C. 450b) (including Alaska 
                                        Natives within the meaning of 
                                        that term), and Native 
                                        Hawaiians (as defined in 
                                        section 7207 of the Elementary 
                                        and Secondary Education Act of 
                                        1965 (20 U.S.C. 7517)).
                            ``(iii) Information.--The plan shall 
                        include the number of hours of training 
                        required for eligible providers and caregivers 
                        to engage in annually, as determined by the 
                        State.
                            ``(iv) Construction.--The Secretary shall 
                        not require an individual or entity that 
                        provides child care services for which 
                        assistance is provided in accordance with this 
                        subchapter to acquire a credential to provide 
                        such services. Nothing in this section shall be 
                        construed to prohibit a State from requiring a 
                        credential.
                    ``(H) Child-to-provider ratio standards.--
                            ``(i) Standards.--The plan shall describe 
                        child care standards for child care services 
                        for which assistance is made available in 
                        accordance with this subchapter, appropriate to 
                        the type of child care setting involved, to 
                        provide for the safety and developmental needs 
                        of the children served, that address--
                                    ``(I) group size limits for 
                                specific age populations, as determined 
                                by the State;
                                    ``(II) the appropriate ratio 
                                between the number of children and the 
                                number of providers, in terms of the 
                                age of the children in child care, as 
                                determined by the State; and
                                    ``(III) required qualifications for 
                                such providers, as determined by the 
                                State.
                            ``(ii) Construction.--The Secretary may 
                        offer guidance to States on child-to-provider 
                        ratios described in clause (i) according to 
                        setting and age group, but shall not require 
                        that the State maintain specific group size 
                        limits for specific age populations or child-
                        to-provider ratios for providers who receive 
                        assistance in accordance with subchapter.
                    ``(I) Health and safety requirements.--The plan 
                shall include a certification that there are in effect 
                within the State, under State or local law, 
                requirements designed to protect the health and safety 
                of children that are applicable to child care providers 
                that provide services for which assistance is made 
                available in accordance with this subchapter. Such 
                requirements--
                            ``(i) shall relate to matters including 
                        health and safety topics consisting of--
                                    ``(I) the prevention and control of 
                                infectious diseases (including 
                                immunization) and the establishment of 
                                a grace period that allows homeless 
                                children and children in foster care to 
                                receive services under this subchapter 
                                while their families (including foster 
                                families) are taking any necessary 
                                action to comply with immunization and 
                                other health and safety requirements;
                                    ``(II) prevention of sudden infant 
                                death syndrome and use of safe sleeping 
                                practices;
                                    ``(III) the administration of 
                                medication, consistent with standards 
                                for parental consent;
                                    ``(IV) the prevention of and 
                                response to emergencies due to food and 
                                allergic reactions;
                                    ``(V) building and physical 
                                premises safety, including 
                                identification of and protection from 
                                hazards that can cause bodily injury 
                                such as electrical hazards, bodies of 
                                water, and vehicular traffic;
                                    ``(VI) prevention of shaken baby 
                                syndrome and abusive head trauma;
                                    ``(VII) emergency preparedness and 
                                response planning for emergencies 
                                resulting from a natural disaster, or a 
                                man-caused event (such as violence at a 
                                child care facility), within the 
                                meaning of those terms under section 
                                602(a)(1) of the Robert T. Stafford 
                                Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 5195a(a)(1));
                                    ``(VIII) the handling and storage 
                                of hazardous materials and the 
                                appropriate disposal of 
                                biocontaminants;
                                    ``(IX) for providers that offer 
                                transportation, if applicable, 
                                appropriate precautions in transporting 
                                children;
                                    ``(X) first aid and cardiopulmonary 
                                resuscitation; and
                                    ``(XI) minimum health and safety 
                                training, to be completed pre-service 
                                or during an orientation period in 
                                addition to ongoing training, 
                                appropriate to the provider setting 
                                involved that addresses each of the 
                                requirements relating to matters 
                                described in subclauses (I) through 
                                (X); and
                            ``(ii) may include requirements relating to 
                        nutrition, access to physical activity, or any 
                        other subject area determined by the State to 
                        be necessary to promote child development or to 
                        protect children's health and safety.
                    ``(J) Compliance with state and local health and 
                safety requirements.--The plan shall include a 
                certification that procedures are in effect to ensure 
                that child care providers within the State, that 
                provide services for which assistance is made available 
                in accordance with this subchapter, comply with all 
                applicable State and local health and safety 
                requirements as described in subparagraph (I).
                    ``(K) Enforcement of licensing and other regulatory 
                requirements.--
                            ``(i) Certification.--The plan shall 
                        include a certification that the State, not 
                        later than 2 years after the date of enactment 
                        of the Child Care and Development Block Grant 
                        Act of 2014, shall have in effect policies and 
                        practices, applicable to licensing or 
                        regulating child care providers that provide 
                        services for which assistance is made available 
                        in accordance with this subchapter and the 
                        facilities of those providers, that--
                                    ``(I) ensure that individuals who 
                                are hired as licensing inspectors in 
                                the State are qualified to inspect 
                                those child care providers and 
                                facilities and have received training 
                                in related health and safety 
                                requirements, and are trained in all 
                                aspects of the State's licensure 
                                requirements;
                                    ``(II) require licensing inspectors 
                                (or qualified inspectors designated by 
                                the lead agency) of those child care 
                                providers and facilities to perform 
                                inspections, with--
                                            ``(aa) not less than 1 
                                        prelicensure inspection, for 
                                        compliance with health, safety, 
                                        and fire standards, of each 
                                        such child care provider and 
                                        facility in the State; and
                                            ``(bb) not less than 
                                        annually, an inspection (which 
                                        shall be unannounced) of each 
                                        such child care provider and 
                                        facility in the State for 
                                        compliance with all child care 
                                        licensing standards, which 
                                        shall include an inspection for 
                                        compliance with health, safety, 
                                        and fire standards (inspectors 
                                        may inspect for compliance with 
                                        all 3 standards at the same 
                                        time);
                                    ``(III) require the ratio of 
                                licensing inspectors to such child care 
                                providers and facilities in the State 
                                to be maintained at a level sufficient 
                                to enable the State to conduct 
                                inspections of such child care 
                                providers and facilities on a timely 
                                basis in accordance with Federal, 
                                State, and local law; and
                                    ``(IV) require licensing inspectors 
                                (or qualified inspectors designated by 
                                the lead agency) of child care 
                                providers and facilities to perform an 
                                annual inspection of each license-
                                exempt provider in the State receiving 
                                funds under this subchapter (unless the 
                                provider is an eligible child care 
                                provider as described in section 
                                658P(6)(B)) for compliance with health, 
                                safety, and fire standards, at a time 
                                to be determined by the State.
                            ``(ii) Construction.--The Secretary may 
                        offer guidance to a State, if requested by the 
                        State, on a research-based minimum standard 
                        regarding ratios described in clause (i)(III) 
                        and provide technical assistance to the State 
                        on meeting the minimum standard within a 
                        reasonable time period, but shall not prescribe 
                        a particular ratio.
                    ``(L) Compliance with child abuse reporting 
                requirements.--The plan shall include a certification 
                that child care providers within the State will comply 
                with the child abuse reporting requirements of section 
                106(b)(2)(B)(i) of the Child Abuse Prevention and 
                Treatment Act (42 U.S.C. 5106a(b)(2)(B)(i)).
                    ``(M) Meeting the needs of certain populations.--
                The plan shall describe how the State will develop and 
                implement strategies (which may include alternative 
                reimbursement rates to child care providers, the 
                provision of direct contracts or grants to community-
                based organizations, offering child care certificates 
                to parents, or other means determined by the State) to 
                increase the supply and improve the quality of child 
                care services for--
                            ``(i) children in underserved areas;
                            ``(ii) infants and toddlers;
                            ``(iii) children with disabilities, as 
                        defined by the State; and
                            ``(iv) children who receive care during 
                        nontraditional hours.
                    ``(N) Protection for working parents.--
                            ``(i) Minimum period.--
                                    ``(I) 12-month period.--The plan 
                                shall demonstrate that each child who 
                                receives assistance under this 
                                subchapter in the State will be 
                                considered to meet all eligibility 
                                requirements for such assistance and 
                                will receive such assistance, for not 
                                less than 12 months before the State or 
                                designated local entity redetermines 
                                the eligibility of the child under this 
                                subchapter, regardless of a temporary 
                                change in the ongoing status of the 
                                child's parent as working or attending 
                                a job training or educational program 
                                or a change in family income for the 
                                child's family, if that family income 
                                does not exceed 85 percent of the State 
                                median income for a family of the same 
                                size.
                                    ``(II) Fluctuations in earnings.--
                                The plan shall demonstrate how the 
                                State's or designated local entity's 
                                processes for initial determination and 
                                redetermination of such eligibility 
                                take into account irregular 
                                fluctuations in earnings.
                            ``(ii) Redetermination process.--The plan 
                        shall describe the procedures and policies that 
                        are in place to ensure that working parents 
                        (especially parents in families receiving 
                        assistance under the program of block grants to 
                        States for temporary assistance for needy 
                        families under part A of title IV of the Social 
                        Security Act (42 U.S.C. 601 et seq.)) are not 
                        required to unduly disrupt their employment in 
                        order to comply with the State's or designated 
                        local entity's requirements for redetermination 
                        of eligibility for assistance provided in 
                        accordance with this subchapter.
                            ``(iii) Period before termination.--At the 
                        option of the State, the plan shall demonstrate 
                        that the State will not terminate assistance 
                        provided to carry out this subchapter based on 
                        a factor consisting of a parent's loss of work 
                        or cessation of attendance at a job training or 
                        educational program for which the family was 
                        receiving the assistance, without continuing 
                        the assistance for a reasonable period of time, 
                        of not less than 3 months, after such loss or 
                        cessation in order for the parent to engage in 
                        a job search and resume work, or resume 
                        attendance at a job training or educational 
                        program, as soon as possible.
                            ``(iv) Graduated phaseout of care.--The 
                        plan shall describe the policies and procedures 
                        that are in place to allow for provision of 
                        continued assistance to carry out this 
                        subchapter, at the beginning of a new 
                        eligibility period under clause (i)(I), for 
                        children of parents who are working or 
                        attending a job training or educational program 
                        and whose family income exceeds the State's 
                        income limit to initially qualify for such 
                        assistance, if the family income for the family 
                        involved does not exceed 85 percent of the 
                        State median income for a family of the same 
                        size.
                    ``(O) Coordination with other programs.--
                            ``(i) In general.--The plan shall describe 
                        how the State, in order to expand accessibility 
                        and continuity of care, and assist children 
                        enrolled in early childhood programs to receive 
                        full-day services, will efficiently, and to the 
                        extent practicable, coordinate the services 
                        supported to carry out this subchapter with 
                        programs operating at the Federal, State, and 
                        local levels for children in preschool 
                        programs, tribal early childhood programs, and 
                        other early childhood programs, including those 
                        serving infants and toddlers with disabilities, 
                        homeless children, and children in foster care.
                            ``(ii) Optional use of combined funds.--If 
                        the State elects to combine funding for the 
                        services supported to carry out this subchapter 
                        with funding for any program described in 
                        clause (i), the plan shall describe how the 
                        State will combine the multiple sets of funding 
                        and use the combined funding.
                            ``(iii) Rule of construction.--Nothing in 
                        clause (i) shall be construed to affect the 
                        priority of children described in clause (i) to 
                        receive full-day prekindergarten or Head Start 
                        program services.
                    ``(P) Public-private partnerships.--The plan shall 
                demonstrate how the State encourages partnerships among 
                State agencies, other public agencies, Indian tribes 
                and tribal organizations, and private entities, 
                including faith-based and community-based 
                organizations, to leverage existing service delivery 
                systems (as of the date of the submission of the 
                application containing the plan) for child care and 
                development services and to increase the supply and 
                quality of child care services for children who are 
                less than 13 years of age, such as by implementing 
                voluntary shared services alliance models.
                    ``(Q) Priority for low-income populations.--The 
                plan shall describe the process the State proposes to 
                use, with respect to investments made to increase 
                access to programs providing high-quality child care 
                and development services, to give priority for those 
                investments to children of families in areas that have 
                significant concentrations of poverty and unemployment 
                and that do not have such programs.
                    ``(R) Consultation.--The plan shall include a 
                certification that the State has developed the plan in 
                consultation with the State Advisory Council on Early 
                Childhood Education and Care designated or established 
                pursuant to section 642B(b)(1)(A)(i) of the Head Start 
                Act (42 U.S.C. 9837b(b)(1)(A)(i)).
                    ``(S) Payment practices.--The plan shall include--
                            ``(i) a certification that the payment 
                        practices of child care providers in the State 
                        that serve children who receive assistance 
                        under this subchapter reflect generally 
                        accepted payment practices of child care 
                        providers in the State that serve children who 
                        do not receive assistance under this 
                        subchapter, so as to provide stability of 
                        funding and encourage more child care providers 
                        to serve children who receive assistance under 
                        this subchapter; and
                            ``(ii) an assurance that the State will, to 
                        the extent practicable, implement enrollment 
                        and eligibility policies that support the fixed 
                        costs of providing child care services by 
                        delinking provider reimbursement rates from an 
                        eligible child's occasional absences due to 
                        holidays or unforseen circumstances such as 
                        illness.
                    ``(T) Early learning and developmental 
                guidelines.--
                            ``(i) In general.--The plan shall include 
                        an assurance that the State will maintain or 
                        implement early learning and developmental 
                        guidelines (or develop such guidelines if the 
                        State does not have such guidelines as of the 
                        date of enactment of the Child Care and 
                        Development Block Grant Act of 2014) that are 
                        appropriate for children from birth to 
                        kindergarten entry, describing what such 
                        children should know and be able to do, and 
                        covering the essential domains of early 
                        childhood development for use statewide by 
                        child care providers. Such guidelines shall--
                                    ``(I) be research-based, 
                                developmentally appropriate, and 
                                aligned with entry to kindergarten;
                                    ``(II) be implemented in 
                                consultation with the state educational 
                                agency and the State Advisory Council 
                                on Early Childhood Education and Care 
                                (designated or established pursuant to 
                                section 642B(b)(I)(A)(i) of the Head 
                                Start Act (42 U.S.C. 
                                9837b(b)(1)(A)(i)); and
                                    ``(III) be updated as determined by 
                                the State.
                            ``(ii) Prohibition on use of funds.--The 
                        plan shall include an assurance that funds 
                        received by the State to carry out this 
                        subchapter will not be used to develop or 
                        implement an assessment for children that--
                                    ``(I) will be the sole basis for a 
                                child care provider being determined to 
                                be ineligible to participate in the 
                                program carried out under this 
                                subchapter;
                                    ``(II) will be used as the primary 
                                or sole basis to provide a reward or 
                                sanction for an individual provider;
                                    ``(III) will be used as the primary 
                                or sole method for assessing program 
                                effectiveness; or
                                    ``(IV) will be used to deny 
                                children eligibility to participate in 
                                the program carried out under this 
                                subchapter.
                            ``(iii) Exceptions.--Nothing in this 
                        subchapter shall preclude the State from using 
                        a single assessment as determined by the State 
                        for children for--
                                    ``(I) supporting learning or 
                                improving a classroom environment;
                                    ``(II) targeting professional 
                                development to a provider;
                                    ``(III) determining the need for 
                                health, mental health, disability, 
                                developmental delay, or family support 
                                services;
                                    ``(IV) obtaining information for 
                                the quality improvement process at the 
                                State level; or
                                    ``(V) conducting a program 
                                evaluation for the purposes of 
                                providing program improvement and 
                                parent information.
                            ``(iv) No federal control.--Nothing in this 
                        section shall be construed to authorize an 
                        officer or employee of the Federal Government 
                        to--
                                    ``(I) mandate, direct, control, or 
                                place conditions (outside of what is 
                                required by this subchapter) around 
                                adopting a State's early learning and 
                                developmental guidelines developed in 
                                accordance with this section;
                                    ``(II) establish any criterion that 
                                specifies, defines, prescribes, or 
                                places conditions (outside of what is 
                                required by this subchapter) on a State 
                                adopting standards or measures that a 
                                State uses to establish, implement, or 
                                improve such guidelines, related 
                                accountability systems, or alignment of 
                                such guidelines with education 
                                standards; or
                                    ``(III) require a State to submit 
                                such guidelines for review.
                    ``(U) Disaster preparedness.--
                            ``(i) In general.--The plan shall 
                        demonstrate the manner in which the State will 
                        address the needs of children in child care 
                        services provided through programs authorized 
                        under this subchapter, including the need for 
                        safe child care, for the period before, during, 
                        and after a state of emergency declared by the 
                        Governor or a major disaster or emergency (as 
                        such terms are defined in section 102 of the 
                        Robert T. Stafford Disaster Relief and 
                        Emergency Assistance Act (42 U.S.C. 5122)).
                            ``(ii) Statewide child care disaster 
                        plan.--Such plan shall include a statewide 
                        child care disaster plan for coordination of 
                        activities and collaboration, in the event of 
                        an emergency or disaster described in clause 
                        (i), among the State agency with jurisdiction 
                        over human services, the agency with 
                        jurisdiction over State emergency planning, the 
                        State lead agency, the State agency with 
                        jurisdiction over licensing of child care 
                        providers, the local resource and referral 
                        organizations, the State resource and referral 
                        system, and the State Advisory Council on Early 
                        Childhood Education and Care as provided for 
                        under section 642B(b) of the Head Start Act (42 
                        U.S.C. 9837b(b)).
                            ``(iii) Disaster plan components.--The 
                        components of the disaster plan, for such an 
                        emergency or disaster, shall include--
                                    ``(I) evacuation, relocation, 
                                shelter-in-place, and lock-down 
                                procedures, and procedures for 
                                communication and reunification with 
                                families, continuity of operations, and 
                                accommodation of infants and toddlers, 
                                children with disabilities, and 
                                children with chronic medical 
                                conditions;
                                    ``(II) guidelines for the 
                                continuation of child care services in 
                                the period following the emergency or 
                                disaster, which may include the 
                                provision of emergency and temporary 
                                child care services, and temporary 
                                operating standards for child care 
                                providers during that period; and
                                    ``(III) procedures for staff and 
                                volunteer emergency preparedness 
                                training and practice drills.
                    ``(V) Business technical assistance.--The plan 
                shall describe how the State will develop and implement 
                strategies to strengthen the business practices of 
                child care providers to expand the supply, and improve 
                the quality of, child care services.'';
            (3) 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) In general.--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 the use of procedures to 
                        permit enrollment (after an initial eligibility 
                        determination) of homeless children while 
                        required documentation is obtained, training 
                        and technical assistance on identifying and 
                        serving homeless children and their families, 
                        and specific outreach to homeless families, and 
                        any other activity that the State determines to 
                        be appropriate to meet the purposes of this 
                        subchapter (which may include an activity 
                        described in clause (ii))''; and
                            (iii) by adding at the end the following:
                            ``(ii) Report by the assistant secretary 
                        for children and families.--
                                    ``(I) In general.--Not later than 
                                September 30 of the first full fiscal 
                                year after the date of enactment of the 
                                Child Care and Development Block Grant 
                                Act of 2014, and September 30 of each 
                                fiscal year thereafter, the Secretary 
                                (acting through the Assistant Secretary 
                                for Children and Families of the 
                                Department of Health and Human 
                                Services) shall prepare a report that 
                                contains a determination about whether 
                                each State uses amounts provided to 
                                such State for the fiscal year involved 
                                under this subchapter in accordance 
                                with the priority for services 
                                described in clause (i).
                                    ``(II) Penalty for noncompliance.--
                                For any fiscal year that the report of 
                                the Secretary described in subclause 
                                (I) indicates that a State has failed 
                                to give priority for services in 
                                accordance with clause (i), the 
                                Secretary shall--
                                            ``(aa) inform the State 
                                        that the State has until the 
                                        date that is 6 months after the 
                                        Secretary has issued such 
                                        report to fully comply with 
                                        clause (i);
                                            ``(bb) provide the State an 
                                        opportunity to modify the State 
                                        plan of such State, to make the 
                                        plan consistent with the 
                                        requirements of clause (i), and 
                                        resubmit such State plan to the 
                                        Secretary not later than the 
                                        date described in item (aa); 
                                        and
                                            ``(cc) if the State does 
                                        not fully comply with clause 
                                        (i) and item (bb), by the date 
                                        described in item (aa), 
                                        withhold 5 percent of the funds 
                                        that would otherwise be 
                                        allocated to that State in 
                                        accordance with this subchapter 
                                        for the first full fiscal year 
                                        after that date.
                                    ``(III) Waiver for extraordinary 
                                circumstances.--Notwithstanding 
                                subclause (II) the Secretary may grant 
                                a waiver to a State for one year to the 
                                penalty applied in subclause (II) if 
                                the Secretary determines there are 
                                extraordinary circumstances, such as a 
                                natural disaster, that prevent the 
                                State from complying with clause (i). 
                                If the Secretary does grant a waiver to 
                                a State under this section, the 
                                Secretary shall, within 30 days of 
                                granting such waiver, submit a report 
                                to the appropriate congressional 
                                committees on the circumstances of the 
                                waiver including the stated reason from 
                                the State on the need for a waiver, the 
                                expected impact of the waiver on 
                                children served under this program, and 
                                any such other relevant information the 
                                Secretary deems necessary.
                            ``(iii) Child care resource and referral 
                        system.--
                                    ``(I) In general.--A State may use 
                                amounts described in clause (i) to 
                                establish or support a system of local 
                                or regional child care resource and 
                                referral organizations that is 
                                coordinated, to the extent determined 
                                appropriate by the State, by a 
                                statewide public or private nonprofit, 
                                community-based or regionally based, 
                                lead child care resource and referral 
                                organization.
                                    ``(II) Local or regional 
                                organizations.--The local or regional 
                                child care resource and referral 
                                organizations supported as described in 
                                subclause (I) shall--
                                            ``(aa) provide parents in 
                                        the State with consumer 
                                        education information referred 
                                        to in paragraph (2)(E) (except 
                                        as otherwise provided in that 
                                        paragraph), concerning the full 
                                        range of child care options 
                                        (including faith-based and 
                                        community-based child care 
                                        providers), analyzed by 
                                        provider, including child care 
                                        provided during nontraditional 
                                        hours and through emergency 
                                        child care centers, in their 
                                        political subdivisions or 
                                        regions;
                                            ``(bb) to the extent 
                                        practicable, work directly with 
                                        families who receive assistance 
                                        under this subchapter to offer 
                                        the families support and 
                                        assistance, using information 
                                        described in item (aa), to make 
                                        an informed decision about 
                                        which child care providers they 
                                        will use, in an effort to 
                                        ensure that the families are 
                                        enrolling their children in the 
                                        most appropriate child care 
                                        setting to suit their needs and 
                                        one that is of high quality (as 
                                        determined by the State);
                                            ``(cc) collect data and 
                                        provide information on the 
                                        coordination of services and 
                                        supports, including services 
                                        under section 619 and part C of 
                                        the Individuals with 
                                        Disabilities Education Act (20 
                                        U.S.C. 1431, et seq.), for 
                                        children with disabilities (as 
                                        defined in section 602 of such 
                                        Act (20 U.S.C. 1401));
                                            ``(dd) collect data and 
                                        provide information on the 
                                        supply of and demand for child 
                                        care services in political 
                                        subdivisions or regions within 
                                        the State and submit such 
                                        information to the State;
                                            ``(ee) work to establish 
                                        partnerships with public 
                                        agencies and private entities, 
                                        including faith-based and 
                                        community-based child care 
                                        providers, to increase the 
                                        supply and quality of child 
                                        care services in the State; and
                                            ``(ff) as appropriate, 
                                        coordinate their activities 
                                        with the activities of the 
                                        State lead agency and local 
                                        agencies that administer funds 
                                        made available in accordance 
                                        with this subchapter.'';
                    (C) in subparagraph (D)--
                            (i) by striking ``1997 through 2002)'' and 
                        inserting ``2015 through 2020''; and
                            (ii) by striking ``other than families 
                        described in paragraph (2)(H)'' and inserting 
                        ``including or in addition to 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) Direct services.--From amounts provided to a 
                State for a fiscal year to carry out this subchapter, 
                the State shall--
                            ``(i) reserve the minimum amount required 
                        to be reserved under section 658G, and the 
                        funds for costs described in subparagraph (C); 
                        and
                            ``(ii) from the remainder, use not less 
                        than 70 percent to fund direct services 
                        (provided by the State) in accordance with 
                        paragraph (2)(A).'';
            (4) by striking paragraph (4) and inserting the following:
            ``(4) Payment rates.--
                    ``(A) In general.--The State plan shall certify 
                that payment rates for the provision of child care 
                services for which assistance is provided in accordance 
                with this subchapter are sufficient to ensure equal 
                access for eligible children to child care services 
                that are comparable to child care services in the State 
                or substate area involved that are provided to children 
                whose parents are not eligible to receive assistance 
                under this subchapter or to receive child care 
                assistance under any other Federal or State program, 
                and shall provide a summary of the facts relied on by 
                the State to determine that such rates are sufficient 
                to ensure such access.
                    ``(B) Survey.--The State plan shall--
                            ``(i) demonstrate that the State has, after 
                        consulting with the State Advisory Council on 
                        Early Childhood Education and Care designated 
                        or established in section 642B(b)(1)(A)(i) of 
                        the Head Start Act (42 U.S.C. 
                        9837b(b)(1)(A)(i)), local child care program 
                        administrators, local child care resource and 
                        referral agencies, and other appropriate 
                        entities, developed and conducted (not earlier 
                        than 2 years before the date of the submission 
                        of the application containing the State plan) a 
                        statistically valid and reliable survey of the 
                        market rates for child care services in the 
                        State (that reflects variations in the cost of 
                        child care services by geographic area, type of 
                        provider, and age of child) or an alternative 
                        methodology, such as a cost estimation model, 
                        that has been developed by the State lead 
                        agency;
                            ``(ii) demonstrate that the State prepared 
                        a detailed report containing the results of the 
                        State market rates survey or alternative 
                        methodology conducted pursuant to clause (i), 
                        and made the results of the survey or 
                        alternative methodology widely available (not 
                        later than 30 days after the completion of such 
                        survey or alternative methodology) through 
                        periodic means, including posting the results 
                        on the Internet;
                            ``(iii) describe how the State will set 
                        payment rates for child care services, for 
                        which assistance is provided in accordance with 
                        this subchapter--
                                    ``(I) in accordance with the 
                                results of the market rates survey or 
                                alternative methodology conducted 
                                pursuant to clause (i);
                                    ``(II) taking into consideration 
                                the cost of providing higher quality 
                                child care services than were provided 
                                under this subchapter before the date 
                                of enactment of the Child Care and 
                                Development Block Grant Act of 2014; 
                                and
                                    ``(III) without, to the extent 
                                practicable, reducing the number of 
                                families in the State receiving such 
                                assistance to carry out this 
                                subchapter, relative to the number of 
                                such families on the date of enactment 
                                of that Act; and
                            ``(iv) describe how the State will provide 
                        for timely payment for child care services 
                        provided under this subchapter.
                    ``(C) Construction.--
                            ``(i) No private right of action.--Nothing 
                        in this paragraph shall be construed to create 
                        a private right of action if the State acted in 
                        accordance with this paragraph.
                            ``(ii) No prohibition of certain different 
                        rates.--Nothing in this subchapter shall be 
                        construed to prevent a State from 
                        differentiating the payment rates described in 
                        subparagraph (B)(iii) on the basis of such 
                        factors as--
                                    ``(I) geographic location of child 
                                care providers (such as location in an 
                                urban or rural area);
                                    ``(II) the age or particular needs 
                                of children (such as the needs of 
                                children with disabilities and children 
                                served by child protective services);
                                    ``(III) whether the providers 
                                provide child care services during 
                                weekend and other nontraditional hours; 
                                or
                                    ``(IV) the State's determination 
                                that such differentiated payment rates 
                                may enable a parent to choose high-
                                quality child care that best fits the 
                                parent's needs.''; and
            (5) in paragraph (5), by inserting ``(that is not a barrier 
        to families receiving assistance under this subchapter)'' after 
        ``cost sharing''.
    (c) Technical Amendment.--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)''.

SEC. 6. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.

    Section 658G of the Child Care and Development Block Grant Act of 
1990 (42 U.S.C. 9858e) is amended to read as follows:

``SEC. 658G. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.

    ``(a) Reservation.--
            ``(1) Reservation for activities relating to the quality of 
        child care services.--A State that receives funds to carry out 
        this subchapter for a fiscal year referred to in paragraph (2) 
        shall reserve and use a portion of such funds, in accordance 
        with paragraph (2), for activities provided directly, or 
        through grants or contracts with local child care resource and 
        referral organizations or other appropriate entities, that are 
        designed to improve the quality of child care services and 
        increase parental options for, and access to, high-quality 
        child care, and is in alignment with a Statewide assessment of 
        the State's needs to carry out such services and care, provided 
        in accordance with this subchapter.
            ``(2) Amount of reservations.--Such State shall reserve and 
        use--
                    ``(A) to carry out the activities described in 
                paragraph (1), not less than--
                            ``(i) 7 percent of the funds described in 
                        paragraph (1), for the first and second full 
                        fiscal years after the date of enactment of the 
                        Child Care and Development Block Grant Act of 
                        2014;
                            ``(ii) 8 percent of such funds for the 
                        third and fourth full fiscal years after the 
                        date of enactment; and
                            ``(iii) 9 percent of such funds for the 
                        fifth and each succeeding full fiscal year 
                        after the date of enactment; and
                    ``(B) in addition to the funds reserved under 
                subparagraph (A), 3 percent of the funds described in 
                paragraph (1) received not later than the second full 
                fiscal year after the date of enactment and received 
                for each succeeding full fiscal year, to carry out the 
                activities described in paragraph (1) and subsection 
                (b)(4), as such activities relate to the quality of 
                care for infants and toddlers.
            ``(3) State reservation amount.--Nothing in this subsection 
        shall preclude the State from reserving a larger percentage of 
        funds to carry out the activities described in paragraph (1) 
        and subsection (b).
    ``(b) Activities.--Funds reserved under subsection (a) shall be 
used to carry out no fewer than one of the following activities that 
will improve the quality of child care services provided in the State:
            ``(1) Supporting the training and professional development 
        of the child care workforce through activities such as those 
        included under section 658E(c)(2)(G), in addition to--
                    ``(A) offering training and professional 
                development opportunities for child care providers that 
                relate to the use of scientifically-based, 
                developmentally-appropriate and age-appropriate 
                strategies to promote the social, emotional, physical, 
                and cognitive development of children, including those 
                related to nutrition and physical activity, and 
                offering specialized training for child care providers 
                caring for those populations prioritized in section 
                658E(c)(2)(Q), and children with disabilities;
                    ``(B) incorporating the effective use of data to 
                guide program improvement;
                    ``(C) including effective behavior management 
                strategies and training, including positive behavior 
                interventions and support models, that promote positive 
                social and emotional development and reduce challenging 
                behaviors, including reducing expulsions of preschool-
                aged children for such behaviors;
                    ``(E) providing training and outreach on engaging 
                parents and families in culturally and linguistically 
                appropriate ways to expand their knowledge, skills, and 
                capacity to become meaningful partners in supporting 
                their children's positive development;
                    ``(F) providing training corresponding to the 
                nutritional and physical activity needs of children to 
                promote healthy development;
                    ``(G) providing training or professional 
                development for child care providers regarding the 
                early neurological development of children; and
                    ``(H) connecting child care staff members of child 
                care providers with available Federal and State 
                financial aid, or other resources, that would assist 
                child care staff members in pursuing relevant 
                postsecondary training.
            ``(2) Improving upon the development or implementation of 
        the early learning and developmental guidelines described in 
        section 658E(c)(2)(T) by providing technical assistance to 
        eligible child care providers that enhances the cognitive, 
        physical, social and emotional development, including early 
        childhood development, of participating preschool and school-
        aged children and supports their overall well-being.
            ``(3) Developing, implementing, or enhancing a tiered 
        quality rating system for child care providers and services, 
        which may--
                    ``(A) support and assess the quality of child care 
                providers in the State;
                    ``(B) build on State licensing standards and other 
                State regulatory standards for such providers;
                    ``(C) be designed to improve the quality of 
                different types of child care providers and services;
                    ``(D) describe the safety of child care facilities;
                    ``(E) build the capacity of State early childhood 
                programs and communities to promote parents' and 
                families' understanding of the State's early childhood 
                system and the ratings of the programs in which the 
                child is enrolled;
                    ``(F) provide, to the maximum extent practicable, 
                financial incentives and other supports designed to 
                expand the full diversity of child care options and 
                help child care providers improve the quality of 
                services; and
                    ``(G) accommodate a variety of distinctive 
                approaches to early childhood education and care, 
                including but not limited to, those practiced in faith-
                based settings, community-based settings, child-
                centered settings, or similar settings that offer a 
                distinctive approach to early childhood development.
            ``(4) Improving the supply and quality of child care 
        programs and services for infants and toddlers through 
        activities, which may include--
                    ``(A) establishing or expanding high-quality 
                community or neighborhood-based family and child 
                development centers, which may serve as resources to 
                child care providers in order to improve the quality of 
                early childhood services provided to infants and 
                toddlers from low-income families and to help eligible 
                child care providers improve their capacity to offer 
                high-quality, age-appropriate care to infants and 
                toddlers from low-income families;
                    ``(B) establishing or expanding the operation of 
                community or neighborhood-based family child care 
                networks;
                    ``(C) promoting and expanding child care providers' 
                ability to provide developmentally appropriate services 
                for infants and toddlers through training and 
                professional development; coaching and technical 
                assistance on this age group's unique needs from 
                statewide networks of qualified infant-toddler 
                specialists; and improved coordination with early 
                intervention specialists who provide services for 
                infants and toddlers with disabilities under part C of 
                the Individuals with Disabilities Education Act (20 
                U.S.C. 1431 et seq.);
                    ``(D) if applicable, developing infant and toddler 
                components within the State's quality rating system 
                described in paragraph (3) for child care providers for 
                infants and toddlers, or the development of infant and 
                toddler components in a State's child care licensing 
                regulations or early learning and development 
                guidelines;
                    ``(E) improving the ability of parents to access 
                transparent and easy to understand consumer information 
                about high-quality infant and toddler care; and
                    ``(F) carrying out other activities determined by 
                the State to improve the quality of infant and toddler 
                care provided in the State, and for which there is 
                evidence that the activities will lead to improved 
                infant and toddler health and safety, infant and 
                toddler cognitive and physical development, or infant 
                and toddler well-being, including providing health and 
                safety training (including training in safe sleep 
                practices, first aid, and cardiopulmonary 
                resuscitation) for providers and caregivers.
            ``(5) Establishing or expanding a statewide system of child 
        care resource and referral services.
            ``(6) Facilitating compliance with State requirements for 
        inspection, monitoring, training, and health and safety, and 
        with State licensing standards.
            ``(7) Evaluating and assessing the quality and 
        effectiveness of child care programs and services offered in 
        the State, including evaluating how such programs positively 
        impact children.
            ``(8) Supporting child care providers in the voluntary 
        pursuit of accreditation by a national accrediting body with 
        demonstrated, valid, and reliable program standards of high 
        quality.
            ``(9) Supporting State or local efforts to develop or adopt 
        high-quality program standards relating to health, mental 
        health, nutrition, physical activity, and physical development.
            ``(10) Carrying out other activities determined by the 
        State to improve the quality of child care services provided in 
        the State, and for which measurement of outcomes relating to 
        improved provider preparedness, child safety, child well-being, 
        or entry to kindergarten is possible.
    ``(c) Certification.--Beginning with fiscal year 2016, at the 
beginning of each fiscal year, the State shall annually submit to the 
Secretary a certification containing an assurance that the State was in 
compliance with subsection (a) during the preceding fiscal year and a 
description of how the State used funds received under this subchapter 
to comply with subsection (a) during that preceding fiscal year.
    ``(d) Reporting Requirements.--Each State receiving funds under 
this subchapter shall prepare and submit an annual report to the 
Secretary, which shall include information about--
            ``(1) the amount of funds that are reserved under 
        subsection (a);
            ``(2) the activities carried out under this section; and
            ``(3) the measures that the State will use to evaluate the 
        State's progress in improving the quality of child care 
        programs and services in the State.
    ``(e) Technical Assistance.--The Secretary shall offer technical 
assistance, in accordance with section 658I(a)(3), which may include 
technical assistance through the use of grants or cooperative 
agreements, to States for the activities described in subsection (b) at 
the request of the State.
    ``(f) Construction.--Nothing in this section shall be construed as 
providing the Secretary the authority to regulate, direct, dictate, or 
place conditions (outside of what is required by this subchapter) on a 
State adopting specific State child care quality activities or progress 
in implementing those activities.''.

SEC. 7. CRIMINAL BACKGROUND CHECKS.

    The 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:

``SEC. 658H. CRIMINAL BACKGROUND CHECKS.

    ``(a) In General.--A State that receives funds to carry out this 
subchapter shall have in effect--
            ``(1) requirements, policies, and procedures to require and 
        conduct criminal background checks for child care staff members 
        (including prospective child care staff members) of child care 
        providers described in subsection (c)(1); and
            ``(2) licensing, regulation, and registration requirements, 
        as applicable, that prohibit the employment of child care staff 
        members as described in subsection (c).
    ``(b) Requirements.--A criminal background check for a child care 
staff member under subsection (a) shall include--
            ``(1) a search of the State criminal and sex offender 
        registry or repository in the State where the child care staff 
        member resides, and each State where such staff member resided 
        during the preceding 5 years;
            ``(2) a search of State-based child abuse and neglect 
        registries and databases in the State where the child care 
        staff member resides, and each State where such staff member 
        resided during the preceding 5 years;
            ``(3) a search of the National Crime Information Center;
            ``(4) a Federal Bureau of Investigation fingerprint check 
        using the Integrated Automated Fingerprint Identification 
        System; and
            ``(5) a search of the National Sex Offender Registry 
        established under the Adam Walsh Child Protection and Safety 
        Act of 2006 (42 U.S.C. 16901 et seq.).
    ``(c) Prohibitions.--
            ``(1) Child care staff members.--A child care staff member 
        shall be ineligible for employment by a child care provider 
        that is receiving assistance under this subchapter if such 
        individual--
                    ``(A) refuses to consent to the criminal background 
                check described in subsection (b);
                    ``(B) knowingly makes a materially false statement 
                in connection with such criminal background check;
                    ``(C) is registered, or is required to be 
                registered, on a State sex offender registry or 
                repository or the National Sex Offender Registry 
                established under the Adam Walsh Child Protection and 
                Safety Act of 2006 (42 U.S.C. 16901 et seq.); or
                    ``(D) has been convicted of a felony consisting 
                of--
                            ``(i) murder, as described in section 1111 
                        of title 18, United States Code;
                            ``(ii) child abuse or neglect;
                            ``(iii) a crime against children, including 
                        child pornography;
                            ``(iv) spousal abuse;
                            ``(v) a crime involving rape or sexual 
                        assault;
                            ``(vi) kidnapping;
                            ``(vii) arson;
                            ``(viii) physical assault or battery; or
                            ``(ix) subject to subsection (e)(4), a 
                        drug-related offense committed during the 
                        preceding 5 years; or
                    ``(E) has been convicted of a violent misdemeanor 
                committed as an adult against a child, including the 
                following crimes: child abuse, child endangerment, 
                sexual assault, or of a misdemeanor involving child 
                pornography.
            ``(2) Child care providers.--A child care provider 
        described in subsection (i)(1) shall be ineligible for 
        assistance provided in accordance with this subchapter if the 
        provider employs a staff member who is ineligible for 
        employment under paragraph (1).
    ``(d) Submission of Requests for Background Checks.--
            ``(1) In general.--A child care provider covered by 
        subsection (c) shall submit a request, to the appropriate State 
        agency designated by a State, for a criminal background check 
        described in subsection (b), for each child care staff member 
        (including prospective child care staff members) of the 
        provider.
            ``(2) Staff members.--Subject to paragraph (4), in the case 
        of an individual who became a child care staff member before 
        the date of enactment of the Child Care and Development Block 
        Grant Act of 2014, the provider shall submit such a request--
                    ``(A) prior to the last day described in subsection 
                (j)(1); and
                    ``(B) not less often than once during each 5-year 
                period following the first submission date under this 
                paragraph for that staff member.
            ``(3) Prospective staff members.--Subject to paragraph (4), 
        in the case of an individual who is a prospective child care 
        staff member on or after that date of enactment, the provider 
        shall submit such a request--
                    ``(A) prior to the date the individual becomes a 
                child care staff member of the provider; and
                    ``(B) not less than once during each 5-year period 
                following the first submission date under this 
                paragraph for that staff member.
            ``(4) Background check for another child care provider.--A 
        child care provider shall not be required to submit a request 
        under paragraph (2) or (3) for a child care staff member if--
                    ``(A) the staff member received a background check 
                described in subsection (b)--
                            ``(i) within 5 years before the latest date 
                        on which such a submission may be made; and
                            ``(ii) while employed by or seeking 
                        employment by another child care provider 
                        within the State;
                    ``(B) the State provided to the first provider a 
                qualifying background check result, consistent with 
                this subchapter, for the staff member; and
                    ``(C) the staff member is employed by a child care 
                provider within the State, or has been separated from 
                employment from a child care provider within the State 
                for a period of not more than 180 consecutive days.
    ``(e) Background Check Results and Appeals.--
            ``(1) Background check results.--The State shall carry out 
        the request of a child care provider for a criminal background 
        check as expeditiously as possible, but not to exceed 45 days 
        after the date on which such request was submitted, and shall 
        provide the results of the criminal background check to such 
        provider and to the current or prospective staff member.
            ``(2) Privacy.--
                    ``(A) In general.--The State shall provide the 
                results of the criminal background check to the 
                provider in a statement that indicates whether a child 
                care staff member (including a prospective child care 
                staff member) is eligible or ineligible for employment 
                described in subsection (c), without revealing any 
                disqualifying crime or other related information 
                regarding the individual.
                    ``(B) Ineligible staff member.--If the child care 
                staff member is ineligible for such employment due to 
                the background check, the State will, when providing 
                the results of the background check, include 
                information related to each disqualifying crime, in a 
                report to the staff member or prospective staff member.
                    ``(C) Public release of results.--No State shall 
                publicly release or share the results of individual 
                background checks, except States may release aggregated 
                data by crime as listed under subsection (c)(1)(D) from 
                background check results, as long as such data is not 
                personally identifiable information.
            ``(3) Appeals.--
                    ``(A) In general.--The State shall provide for a 
                process by which a child care staff member (including a 
                prospective child care staff member) may appeal the 
                results of a criminal background check conducted under 
                this section to challenge the accuracy or completeness 
                of the information contained in such member's criminal 
                background report.
                    ``(B) Appeals process.--The State shall ensure 
                that--
                            ``(i) each child care staff member shall be 
                        given notice of the opportunity to appeal;
                            ``(ii) a child care staff member will 
                        receive instructions about how to complete the 
                        appeals process if the child care staff member 
                        wishes to challenge the accuracy or 
                        completeness of the information contained in 
                        such member's criminal background report; and
                            ``(iii) the appeals process is completed in 
                        a timely manner for each child care staff 
                        member.
            ``(4) Review.--The State may allow for a review process 
        through which the State may determine that a child care staff 
        member (including a prospective child care staff member) 
        disqualified for a crime specified in subsection (c)(1)(D)(ix) 
        is eligible for employment described in subsection (c)(1), 
        notwithstanding subsection (c). The review process shall be 
        consistent with title VII of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e et seq.).
            ``(5) No private right of action.--Nothing in this section 
        shall be construed to create a private right of action if a 
        provider has acted in accordance with this section.
    ``(f) Fees for Background Checks.--Fees that a State may charge for 
the costs of processing applications and administering a criminal 
background check as required by this section shall not exceed the 
actual costs to the State for the processing and administration.
    ``(g) Transparency.--The State must ensure that the policies and 
procedures under section 658H are published on the Web site (or 
otherwise publicly available venue in the absence of a Web site) of the 
State and the Web sites of local lead agencies.
    ``(h) Construction.--
            ``(1) Disqualification for other crimes.--Nothing in this 
        section shall be construed to prevent a State from 
        disqualifying individuals as child care staff members based on 
        their conviction for crimes not specifically listed in this 
        section that bear upon the fitness of an individual to provide 
        care for and have responsibility for the safety and well-being 
        of children.
            ``(2) Rights and remedies.--Nothing in this section shall 
        be construed to alter or otherwise affect the rights and 
        remedies provided for child care staff members residing in a 
        State that disqualifies individuals as child care staff members 
        for crimes not specifically provided for under this section.
    ``(i) Definitions.--In this section--
            ``(1) the term `child care provider' means a center-based 
        child care provider, a family child care provider, or another 
        provider of child care services for compensation and on a 
        regular basis that--
                    ``(A) is not an individual who is related to all 
                children for whom child care services are provided; and
                    ``(B) is licensed, regulated, or registered under 
                State law or receives assistance provided under this 
                subchapter; and
            ``(2) the term `child care staff member' means an 
        individual (other than an individual who is related to all 
        children for whom child care services are provided)--
                    ``(A) who is employed by a child care provider for 
                compensation; or
                    ``(B) whose activities involve the care or 
                supervision of children for a child care provider or 
                unsupervised access to children who are cared for or 
                supervised by a child care provider.
    ``(j) Effective Date.--
            ``(1) In general.--A State that receives funds under this 
        subchapter shall meet the requirements of this section for the 
        provision of criminal background checks for child care staff 
        members described in subsection (d)(1) not later than the last 
        day of the second full fiscal year after the date of enactment 
        of the Child Care and Development Block Grant Act of 2014.
            ``(2) Extension.--The Secretary may grant a State an 
        extension of time, of not more than 1 fiscal year, to meet the 
        requirements of this section if the State demonstrates a good 
        faith effort to comply with the requirements of this section.
            ``(3) Penalty for noncompliance.--Except as provided in 
        paragraphs (1) and (2), for any fiscal year that a State fails 
        to comply substantially with the requirements of this section, 
        the Secretary shall withhold 5 percent of the funds that would 
        otherwise be allocated to that State in accordance with this 
        subchapter for the following fiscal year.''.

SEC. 8. REPORTS AND INFORMATION.

    (a) Administration.--Section 658I(a) of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858g(a)) is amended--
            (1) in paragraph (2)--
                    (A) by inserting a comma after ``publish''; and
                    (B) by striking ``and'' at the end;
            (2) by striking paragraph (3) and inserting the following:
            ``(3) provide technical assistance, such as business 
        technical assistance, as described in section 658E(c)(2)(V), to 
        States (which may include providing assistance on a 
        reimbursable basis) which shall be provided by qualified 
        experts on practices grounded in scientifically valid research, 
        where appropriate, to carry out this subchapter;''; and
            (3) 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; and
            ``(5) after consultation with the heads of any other 
        Federal agencies involved, issue guidance and disseminate 
        information on best practices regarding the use of funding 
        combined by States as described in section 658E(c)(2)(O)(ii), 
        consistent with laws other than this subchapter.''.
    (b) Request For Relief.--Section 658I of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858g), as amended by 
subsection (a), is further amended by adding at the end of the 
following:
    ``(c) Request for Relief.--
            ``(1) In general.--The Secretary may waive for a period of 
        not more than three years any provision under this subchapter 
        or sanctions imposed upon a State in accordance with subsection 
        (b)(2) upon the State's request for such a waiver if the 
        Secretary finds that--
                    ``(A) the request describes one or more conflicting 
                or duplicative requirements preventing the effective 
                delivery of child care services to justify a waiver, 
                extraordinary circumstances, such as natural disaster 
                or financial crisis, or an extended period of time for 
                a State legislature to enact legislation to implement 
                the provisions of this subchapter;
                    ``(B) such circumstances included in the request 
                prevent the State from complying with any statutory or 
                regulatory requirements of this subchapter;
                    ``(C) the waiver will, by itself, contribute to or 
                enhance the State's ability to carry out the purposes 
                of this subchapter; and,
                    ``(D) the waiver will not contribute to 
                inconsistency with the objectives of this law.
            ``(2) Contents.--Such request shall be provided to the 
        Secretary in writing and will--
                    ``(A) detail each sanction or provision within this 
                subchapter that the State seeks relief from;
                    ``(B) describe how a waiver from that sanction or 
                provision of this subchapter will, by itself, improve 
                delivery of child care services for children in the 
                State; and
                    ``(C) certify that the health, safety, and well-
                being of children served through assistance received 
                under this subchapter will not be compromised as a 
                result of the waiver.
            ``(3) Approval.--Within 90 days after the receipt of a 
        State's request under this subsection, the Secretary shall 
        inform the State of approval or disapproval of the request. If 
        the plan is disapproved, the Secretary shall, at this time, 
        inform the State, the Committee on Education and the Workforce 
        of the House of Representatives, and the Committee on Health, 
        Education, Labor, and Pensions of the Senate of the reasons for 
        the disapproval and give the State the opportunity to amend the 
        request. In the case of approval, the Secretary shall, within 
        30 days of granting such waiver, notify and submit a report to 
        the Committee on Education and the Workforce of the House of 
        Representatives and the Committee on Health, Education, Labor, 
        and Pensions of the Senate on the circumstances of the waiver 
        including each specific sanction or provision waived, the 
        reason as given by the State of the need for a waiver, and the 
        expected impact of the waiver on children served under this 
        program.
            ``(4) External conditions.--The Secretary shall not require 
        or impose any new or additional requirements in exchange for 
        receipt of a waiver if such requirements are not specified in 
        this subchapter.
            ``(5) Duration.--The Secretary may approve a request under 
        this subsection for a period not to exceed three years, unless 
        a renewal is granted under paragraph (7).
            ``(6) Termination.--The Secretary shall terminate approval 
        of a request for a waiver authorized under this subsection if 
        the Secretary determines, after notice and opportunity for a 
        hearing, that the performance of a State granted relief under 
        this subsection has been inadequate, or if such relief is no 
        longer necessary to achieve its original purposes.
            ``(7) Renewal.--The Secretary may approve or disapprove a 
        request from a State for renewal of an existing waiver under 
        this subchapter for a period no longer than one year. A State 
        seeking to renew their waiver approval must inform the 
        Secretary of this intent no later than 30 days prior to the 
        expiration date of the waiver. The State shall re-certify in 
        its extension request the provisions in paragraph (2) of this 
        subchapter, and shall also explain the need for additional time 
        of relief from such sanction(s) or provisions approved under 
        this law as provided in this subchapter.
            ``(8) Restrictions.--Nothing in this subchapter shall be 
        construed as providing the Secretary the authority to permit 
        States to alter the eligibility requirements for eligible 
        children, including work requirements, job training, or 
        educational program participation, that apply to the parents of 
        eligible children under this subchapter. Nothing in this 
        subsection shall be construed to allow the Secretary to waive 
        anything related to his or her authority under this 
        subchapter.''.
    (c) Reports.--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 striking the semicolon at the 
                end and inserting ``; and''; and
                    (C) by adding at the end 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 ``December 31, 1997'' and all that follows 
                through ``thereafter'', and inserting ``1 year after 
                the date of the enactment of the Child Care and 
                Development Block Grant Act of 2014, and annually 
                thereafter,'';
                    (B) in subparagraph (A), by striking ``section 
                658P(5)'' and inserting ``section 658P(6)'';
                    (C) in subparagraph (E) by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(F) the number of child fatalities occurring 
                among children while in the care and facility of child 
                care providers receiving assistance under this 
                subchapter, listed by type of child care provider and 
                indicating whether the providers (excluding child care 
                providers described in section 658P(6)(B)) are licensed 
                or license-exempt.''.
    (d) Report by Secretary.--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:

``SEC. 658L. REPORTS, HOTLINE, AND WEB SITE.'';

            (2) by striking ``Not later'' and inserting the following:
    ``(a) Report by Secretary.--Not later'';
            (3) by striking ``1998'' and inserting ``2016'';
            (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'';
            (5) by inserting after ``States.'' the following:
``Such report shall contain a determination around whether each State 
that uses amounts provided under this subchapter has complied with the 
priority for services described in sections 658E(c)(2)(Q) and 
658E(c)(3)(B).''; and
            (6) by adding at the end the following:
    ``(b) National Toll-Free Hotline and Web Site.--
            ``(1) In general.--The Secretary shall operate, directly or 
        through the use of grants or contracts, a national toll-free 
        hotline and Web site, to--
                    ``(A) develop and disseminate publicly available 
                child care consumer education information for parents 
                and help parents access safe and quality child care 
                services in their community, with a range of price 
                options, that best suits their family's needs; and
                    ``(B) to allow persons to report (anonymously if 
                desired) suspected child abuse or neglect, or 
                violations of health and safety requirements, by an 
                eligible child care provider that receives assistance 
                under this subchapter or a member of the provider's 
                staff.
            ``(2) Requirements.--The Secretary shall ensure that the 
        hotline and Web site meet the following requirements:
                    ``(A) Referral to local child care providers.--The 
                Web site shall be hosted by `childcare.gov'. The Web 
                site shall enable a child care consumer to enter a zip 
                code and obtain a referral to local child care 
                providers described in subparagraph (B) within a 
                specified search radius.
                    ``(B) Information.--The Web site shall provide to 
                consumers, directly or through linkages to State 
                databases, at a minimum--
                            ``(i) a localized list of all eligible 
                        child care providers, differentiating between 
                        licensed and license-exempt providers;
                            ``(ii) any provider-specific information 
                        from a Quality Rating and Improvement System or 
                        information about other quality indicators, to 
                        the extent the information is publicly 
                        available and to the extent practicable;
                            ``(iii) any other provider-specific 
                        information about compliance with licensing, 
                        and health and safety requirements to the 
                        extent the information is publicly available 
                        and to the extent practicable;
                            ``(iv) referrals to local resource and 
                        referral organizations from which consumers can 
                        find more information about child care 
                        providers; and
                            ``(v) State information about child care 
                        subsidy programs and other financial supports 
                        available to families.
                    ``(C) Nationwide capacity.--The Web site and 
                hotline shall have the capacity to help families in 
                every State and community in the Nation.
                    ``(D) Information at all hours.--The Web site shall 
                provide, to parents and families, access to information 
                about child care services 24 hours a day.
                    ``(E) Services in different languages.--The Web 
                site and hotline shall ensure the widest possible 
                access to services for families who speak languages 
                other than English.
                    ``(F) High-quality consumer education and 
                referral.--The Web site and hotline shall ensure that 
                families have access to easy-to-understand child care 
                consumer education and referral services.
            ``(3) Prohibition.--Nothing in this subsection shall be 
        construed to allow the Secretary to compel States to provide 
        additional data and information that is currently (as of the 
        date of enactment of the Child Care and Development Block Grant 
        Act of 2014) not publicly available, or is not required by this 
        subchapter, unless such additional data are related to the 
        purposes and scope of this subchapter, and are subject to a 
        notice and comment period of no less than 90 days.''.
    (e) Protection of Information.--Section 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) Prohibition.--Reports submitted to the 
                Secretary under subparagraph (C) shall not contain 
                personally identifiable information.''.

SEC. 9. RESERVATION FOR TOLL-FREE HOTLINE AND WEB SITE; PAYMENTS TO 
              BENEFIT INDIAN CHILDREN; TECHNICAL ASSISTANCE AND 
              EVALUATION.

    Section 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) In general.--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) Limitations.--Notwithstanding subparagraph 
                (A), the Secretary shall only reserve an amount that is 
                greater than 2 percent of the amount appropriated under 
                section 658B, for payments described in subparagraph 
                (A), for a fiscal year (referred to in this 
                subparagraph as the `reservation year') if --
                            ``(i) the amount appropriated under section 
                        658B for the reservation year is greater than 
                        the amount appropriated under section 658B for 
                        fiscal year 2014; and
                            ``(ii) the Secretary ensures that the 
                        amount allotted to States under subsection (b) 
                        for the reservation year is not less than the 
                        amount allotted to States under subsection (b) 
                        for fiscal year 2014.''; and
                    (B) by adding at the end the following:
            ``(3) National toll-free hotline and web site.--The 
        Secretary shall reserve up to $1,500,000 of the amount 
        appropriated under this subchapter for each fiscal year for the 
        operation of a national toll-free hotline and Web site, under 
        section 658L(b).
            ``(4) Technical assistance.--The Secretary shall reserve up 
        to \1/2\ of 1 percent of the amount appropriated under this 
        subchapter for each fiscal year to support technical assistance 
        and dissemination activities under paragraphs (3) and (4) of 
        section 658I(a).
            ``(5) Research, demonstration, and evaluation.--The 
        Secretary may reserve \1/2\ of 1 percent of the amount 
        appropriated under this subchapter for each fiscal year to 
        conduct research and demonstration activities, as well as 
        periodic external, independent evaluations of the impact of the 
        program described by this subchapter on increasing access to 
        child care services and improving the safety and quality of 
        child care services, using scientifically valid research 
        methodologies, and to disseminate the key findings of those 
        evaluations widely and on a timely basis.''; and
            (2) in subsection (c)--
                    (A) in paragraph (2), by adding at the end the 
                following:
                    ``(D) Licensing and standards.--In lieu of any 
                licensing and regulatory requirements applicable under 
                State or local law, the Secretary, in consultation with 
                Indian tribes and tribal organizations, shall develop 
                minimum child care standards that shall be applicable 
                to Indian tribes and tribal organizations receiving 
                assistance under this subchapter. Such standards shall 
                appropriately reflect Indian tribe and tribal 
                organization needs and available resources, and shall 
                include standards requiring a publicly available 
                application, health and safety standards, and standards 
                requiring a reservation of funds for activities to 
                improve the quality of child care services provided to 
                Indian children.''; and
                    (B) in paragraph (6), by striking subparagraph (C) 
                and inserting the following:
                    ``(C) Limitation.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the Secretary may not permit an 
                        Indian tribe or tribal organization to use 
                        amounts provided under this subsection for 
                        construction or renovation if the use will 
                        result in a decrease in the level of child care 
                        services provided by the Indian tribe or tribal 
                        organization as compared to the level of child 
                        care services provided by the Indian tribe or 
                        tribal organization in the fiscal year 
                        preceding the year for which the determination 
                        under subparagraph (B) is being made.
                            ``(ii) Waiver.--The Secretary shall waive 
                        the limitation described in clause (i) if--
                                    ``(I) the Secretary determines that 
                                the decrease in the level of child care 
                                services provided by the Indian tribe 
                                or tribal organization is temporary; 
                                and
                                    ``(II) the Indian tribe or tribal 
                                organization submits to the Secretary a 
                                plan that demonstrates that after the 
                                date on which the construction or 
                                renovation is completed--
                                            ``(aa) the level of child 
                                        care services will increase; or
                                            ``(bb) the quality of child 
                                        care services will improve.''.

SEC. 10. DEFINITIONS.

    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) Child with a disability.--The term `child with a 
        disability' means--
                    ``(A) a child with a disability, as defined in 
                section 602 of the Individuals with Disabilities 
                Education Act (20 U.S.C. 1401);
                    ``(B) a child who is eligible for early 
                intervention services under part C of the Individuals 
                with Disabilities Education Act (20 U.S.C. 1431 et 
                seq.);
                    ``(C) a child who is less than 13 years of age and 
                who is eligible for services under section 504 of the 
                Rehabilitation Act of 1973 (29 U.S.C. 794); and
                    ``(D) a child with a disability, as defined by the 
                State involved.
            ``(4) Eligible child.--The term `eligible child' means an 
        individual--
                    ``(A) who is less than 13 years of age;
                    ``(B) whose family income does not exceed 85 
                percent of the State median income for a family of the 
                same size, and whose family assets do not exceed 
                $1,000,000 (as certified by a member of such family); 
                and
                    ``(C) who--
                            ``(i) resides with a parent or parents who 
                        are working or attending a job training or 
                        educational program; or
                            ``(ii) is receiving, or needs to receive, 
                        protective services and resides with a parent 
                        or parents not described in clause (i).'';
            (2) by redesignating paragraphs (5) through (9) as 
        paragraphs (6) through (10), respectively;
            (3) by inserting after paragraph (4), the following:
            ``(5) English learner.--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 research.--The term 
        `scientifically valid research' includes applied research, 
        basic research, and field-initiated research, for which the 
        rationale, design, and interpretation are soundly developed in 
        accordance with principles of scientific research.''.

SEC. 11. PARENTAL RIGHTS AND RESPONSIBILITIES.

    Section 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) In General.--''; and
            (2) by adding at the end the following:
    ``(b) Parental Rights To Use Child Care Certificates.--Nothing in 
this subchapter shall be construed in a manner--
            ``(1) to favor or promote the use of grants and contracts 
        for the receipt of child care services under this subchapter 
        over the use of child care certificates; or
            ``(2) to disfavor or discourage the use of such 
        certificates for the purchase of child care services, including 
        those services provided by private or nonprofit entities, such 
        as faith-based providers.''.

SEC. 12. STUDIES ON WAITING LISTS.

    (a) Study.--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, identified by the type 
        of assistance requested; and
            (3) have been placed on a waiting list for the assistance.
    (b) Report.--The Comptroller General shall prepare a report 
containing the results of each study and shall submit the report 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--
            (1) not later than 2 years after the date of enactment of 
        this Act; and
            (2) every 2 years thereafter.
    (c) Definition.--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).

SEC. 13. REVIEW OF FEDERAL EARLY LEARNING AND CARE PROGRAMS.

    (a) In General.--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 for 
children less than 6 years of age in order to--
            (1) develop a plan for the elimination of 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) Report.--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 overlap and fragmentation among all Federal early learning 
and care programs.

            Attest:

                                                                 Clerk.
113th CONGRESS

  2d Session

                                S. 1086

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                               AMENDMENT