[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1086 Enrolled Bill (ENR)]
S.1086
One Hundred Thirteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and fourteen
An Act
To reauthorize and improve the Child Care and Development Block Grant
Act of 1990, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.