113 S1086 EAH: Child Care and Development Block Grant Act of 2014
U.S. Senate
2014-09-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
113th CONGRESS
2d Session
In the House of Representatives, U. S.,
September 15, 2014
AMENDMENT:
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
Strike out all after the enacting clause and insert:
1.
This Act may be cited as the
Child Care and Development Block Grant Act of
2014
.
2.
Section 658A of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9801 note) is amended to read
as follows:
658A.
(a)
This subchapter may be
cited as the
Child Care and Development Block Grant Act of
1990
.
(b)
The purposes of this
subchapter are—
(1)
to allow each State
maximum flexibility in developing child care programs and
policies that best suit the needs of children and parents
within that State;
(2)
to promote parental
choice to empower working parents to make their own
decisions regarding the child care 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.
.
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.
.
4.
(a)
Section 658D(a) of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858b(a)) is amended—
(1)
by striking chief
executive officer
and inserting Governor
;
and
(2)
by striking
designate
and all that follows and inserting
designate an agency (which may be an appropriate
collaborative agency), or establish a joint interagency office,
that complies with the requirements of subsection (b) to serve
as the lead agency for the State under this
subchapter.
.
(b)
Collaboration with 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.
.
5.
(a)
Section 658E(b) of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858c(b)) is amended
by striking 2-year
and inserting
3-year
.
(b)
Section 658E(c) of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended—
(1)
in paragraph (1), by inserting
or established
after
designated
;
(2)
in paragraph (2)—
(A)
in subparagraph (B), by
inserting a comma after care of such
providers
;
(B)
by striking subparagraphs
(D) through (H); and
(C)
by adding at the end the
following:
(D)
Monitoring and
inspection 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)
The plan shall
include a certification that the State involved has
in effect licensing requirements applicable to child
care services provided within the State, and provide
a detailed description of such requirements and of
how such requirements are effectively
enforced.
(ii)
If the State
uses 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)
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)
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)
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)
The Secretary shall not require an individual or
entity that provides child care services for which
assistance is provided in accordance with this
subchapter to acquire a credential to provide such
services. Nothing in this section shall be construed
to prohibit a State from requiring a
credential.
(H)
Child-to-provider ratio standards
(i)
The plan shall
describe child care standards for child care
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)
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)
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)
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)
(I)
The plan
shall demonstrate that each child who receives
assistance under this subchapter in the State
will be considered to meet all eligibility
requirements for such assistance and will
receive such assistance, for not less than 12
months before the State 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)
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)
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)
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)
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)
The plan shall
include a certification that the State has developed the
plan in consultation with the State Advisory Council on
Early Childhood Education and Care designated or
established pursuant to section 642B(b)(1)(A)(i) of the
Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)).
(S)
The plan shall
include—
(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)
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)
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)
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)
(i)
The plan shall demonstrate the manner in which the
State will address the needs of children in child
care services provided through programs authorized
under this subchapter, including the need for safe
child care, 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)
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)
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)
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)
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)
From amounts
provided to a State for a fiscal year to carry out this
subchapter, the State shall—
(i)
reserve the
minimum amount required to be reserved under section
658G, and the funds for costs described in
subparagraph (C); and
(ii)
from the
remainder, use not less than 70 percent to fund
direct services (provided by the State) in
accordance with paragraph (2)(A).
;
(4)
by striking paragraph (4) and
inserting the following:
(4)
(A)
The State plan
shall certify that payment rates for the provision of
child care services for which assistance is provided in
accordance with this subchapter are sufficient to ensure
equal access for eligible children to child care
services that are comparable to child care services in
the State or substate area involved that are provided to
children whose parents are not eligible to receive
assistance under this subchapter or to receive child
care assistance under any other Federal or State
program, and shall provide a summary of the facts relied
on by the State to determine that such rates are
sufficient to ensure such access.
(B)
The State plan
shall—
(i)
demonstrate
that the State has, after consulting with the State
Advisory Council on Early Childhood Education and
Care designated or established in section
642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C.
9837b(b)(1)(A)(i)), local child care program
administrators, local child care resource and
referral agencies, and other appropriate entities,
developed and conducted (not earlier than 2 years
before the date of the submission of the application
containing the State plan) a statistically valid and
reliable survey of the market rates for child care
services in the State (that reflects variations in
the cost of child care services by geographic area,
type of provider, and age of child) 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)
(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)
Section 658F(b)(2) of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858d(b)(2)) is
amended by striking section 658E(c)(2)(F)
and inserting
section 658E(c)(2)(I)
.
6.
Activities to improve the quality of
child 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:
658G.
Activities to improve the
quality of child care
(a)
(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)
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)
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)
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)
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)
Each State receiving funds
under this subchapter shall prepare and submit an annual report
to the Secretary, which shall include information about—
(1)
the amount of funds
that are reserved under subsection (a);
(2)
the activities carried
out under this section; and
(3)
the measures that the
State will use to evaluate the State's progress in improving
the quality of child care programs and services in the
State.
(e)
The Secretary shall offer
technical assistance, in accordance with section 658I(a)(3),
which may include technical assistance through the use of grants
or cooperative agreements, to States for the activities
described in subsection (b) at the request of the State.
(f)
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.
.
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:
658H.
Criminal background checks
(a)
A State that receives
funds to carry out this subchapter shall have in effect—
(1)
requirements,
policies, and procedures to require and conduct criminal
background checks for child care staff members (including
prospective child care staff members) of child care
providers described in subsection (c)(1); and
(2)
licensing, regulation,
and registration requirements, as applicable, that prohibit
the employment of child care staff members as described in
subsection (c).
(b)
A criminal background
check for a child care staff member under subsection (a) shall
include—
(1)
a search of 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)
(1)
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)
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)
A child care provider
covered by subsection (c) shall submit a request, to the
appropriate State agency designated by a State, for a
criminal background check described in subsection (b), for
each child care staff member (including prospective child
care staff members) of the provider.
(2)
Subject to paragraph
(4), in the case of an individual who became a child care
staff member before the date of enactment of the Child Care
and Development Block Grant Act of 2014, the provider shall
submit such a request—
(A)
prior to the last
day described in subsection (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)
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)
(A)
The State shall
provide the results of the criminal background check to
the provider in a statement that indicates whether a
child care staff member (including a prospective child
care staff member) is eligible or ineligible for
employment described in subsection (c), without
revealing any disqualifying crime or other related
information regarding the individual.
(B)
If the child care
staff member is ineligible for such employment due to
the background check, the State will, when providing the
results of the background check, include information
related to each disqualifying crime, in a report to the
staff member or prospective staff member.
(C)
Public release
of 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)
(A)
The State shall
provide for a process by which a child care staff member
(including a prospective child care staff member) may
appeal the results of a criminal background check
conducted under this section to challenge the accuracy
or completeness of the information contained in such
member’s criminal background report.
(B)
The State shall
ensure that—
(i)
each child
care staff member shall be given notice of the
opportunity to appeal;
(ii)
a child care
staff member will receive instructions about how to
complete the appeals process if the child care staff
member wishes to challenge the accuracy or
completeness of the information contained in such
member's criminal background report; and
(iii)
the appeals
process is completed in a timely manner for each
child care staff member.
(4)
The State may allow
for a review process through which the State may determine
that a child care staff member (including a prospective
child care staff member) disqualified for a crime specified
in subsection (c)(1)(D)(ix) is eligible for employment
described in subsection (c)(1), notwithstanding subsection
(c). The review process shall be consistent with title VII
of the Civil Rights Act of 1964 (42 U.S.C. 2000e et
seq.).
(5)
No private right of
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)
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)
(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)
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)
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)
(1)
A State that receives
funds under this subchapter shall meet the requirements of
this section for the provision of criminal background checks
for child care staff members described in subsection (d)(1)
not later than the last day of the second full fiscal year
after the date of enactment of the Child Care and
Development Block Grant Act of 2014.
(2)
The Secretary may
grant a State an extension of time, of not more than 1
fiscal year, to meet the requirements of this section if the
State demonstrates a good faith effort to comply with the
requirements of this section.
(3)
Penalty for
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.
.
8.
(a)
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)
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)
(1)
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)
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)
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)
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)
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)
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)
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)
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)
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)
Section 658L of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended—
(1)
by striking the section
heading and inserting the following:
658L.
Reports, hotline,
and Web site
;
(2)
by striking Not
later
and inserting the following:
(a)
Not later
;
(3)
by striking
1998
and inserting 2016
;
(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)
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)
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)
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)
The Web site
and hotline shall have the capacity to help families
in every State and community in the Nation.
(D)
The Web site
shall provide, to parents and families, access to
information about child care 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)
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)
Reports submitted to the Secretary under subparagraph (C)
shall not contain personally identifiable information.
.
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)
The Secretary
;
(ii)
by striking 1 percent, and not more than 2
percent,
and inserting 2 percent
;
and
(iii)
by adding at the end the following:
(B)
Notwithstanding subparagraph (A), the Secretary shall
only reserve an amount that is greater than 2 percent of
the amount appropriated under section 658B, for payments
described in subparagraph (A), for a fiscal year
(referred to in this subparagraph as the
reservation year
) if —
(i)
the amount appropriated under section 658B for the
reservation year is greater than the amount
appropriated under section 658B for fiscal year
2014; and
(ii)
the Secretary ensures that the amount allotted to
States under subsection (b) for the reservation year
is not less than the amount allotted to States under
subsection (b) for fiscal year 2014.
; and
(B)
by adding at the end the following:
(3)
National toll-free
hotline and Web 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)
The Secretary shall
reserve up to ½ 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 ½ 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)
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)
(i)
Except as provided in clause (ii), the Secretary may
not permit an Indian tribe or tribal organization to use
amounts provided under this subsection for construction
or renovation if the use will result in a decrease in
the level of child care services provided by the Indian
tribe or tribal organization as compared to the level of
child care services provided by the Indian tribe or
tribal organization in the fiscal year preceding the
year for which the determination under subparagraph (B)
is being made.
(ii)
The Secretary shall waive the limitation described in
clause (i) if—
(I)
the Secretary determines that the decrease in the
level of child care services provided by the Indian
tribe or tribal organization is temporary;
and
(II)
the Indian tribe or tribal organization submits to
the Secretary a plan that demonstrates that after
the date on which the construction or renovation is
completed—
-
(aa)
the level of child care services will
increase; or
-
(bb)
the quality of child care services will
improve.
.
10.
Section 658P of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858n) is amended—
(1)
by striking paragraph (4) and
inserting the following:
(3)
The term child with
a disability means—
(A)
a child with a
disability, as defined in section 602 of the Individuals
with Disabilities Education Act (20 U.S.C. 1401);
(B)
a child who is
eligible for early intervention services under part C of the
Individuals with Disabilities Education Act (20 U.S.C. 1431
et seq.);
(C)
a child who is less
than 13 years of age and who is eligible for services under
section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794); and
(D)
a child with a
disability, as defined by the State involved.
(4)
The term eligible
child means an individual—
(A)
who is less than 13
years of age;
(B)
whose family income
does not exceed 85 percent of the State median income for a
family of the same size, and whose family assets do not
exceed $1,000,000 (as certified by a member of such family);
and
(C)
who—
(i)
resides with a
parent or parents who are working or attending a job
training or educational program; or
(ii)
is receiving, or
needs to receive, protective services and resides with a
parent or parents not described in clause (i).
;
(2)
by redesignating paragraphs (5)
through (9) as paragraphs (6) through (10), respectively;
(3)
by inserting after paragraph (4),
the following:
(5)
The term English
learner means an individual who is limited English
proficient, as defined in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801) or section 637
of the Head Start Act (42 U.S.C. 9832).
;
(4)
in paragraph (6)(A), as
redesignated by paragraph (2)—
(A)
in clause (i), by striking
section 658E(c)(2)(E)
and inserting
section 658E(c)(2)(F)
; and
(B)
in clause (ii), by striking
section 658E(c)(2)(F)
and inserting
section 658E(c)(2)(I)
;
(5)
in paragraph (9), as redesignated
by paragraph (2), by striking designated
and all that
follows and inserting designated or established under section
658D(a).
;
(6)
in paragraph (10), as redesignated
by paragraph (2), by inserting , foster parent,
after
guardian
;
(7)
by redesignating paragraphs (11)
through (14) as paragraphs (12) through (15), respectively; and
(8)
by inserting after paragraph (10),
as redesignated by paragraph (2), the following:
(11)
Scientifically valid
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.
.
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)
; 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.
.
12.
(a)
The Comptroller General of the
United States shall conduct studies to determine, for each State, the
number of families that—
(1)
are eligible to receive
assistance under the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858 et seq.);
(2)
have applied for the
assistance, identified by the type of assistance requested;
and
(3)
have been placed on a waiting
list for the assistance.
(b)
The Comptroller General shall
prepare a report containing the results of each study and shall submit
the report to the 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)
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).
13.
Review of Federal early learning and care programs
(a)
The Secretary of Health and Human Services, in conjunction with the
Secretary of Education, shall conduct an interdepartmental review of all
early learning and care programs 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)
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.
Lorraine Miller
Clerk.