[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
_______________________________________________________________________
AMENDMENT