[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1086 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1086
To reauthorize and improve the Child Care and Development Block Grant
Act of 1990, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 3, 2013
Ms. Mikulski (for herself, Mr. Burr, Mr. Harkin, and Mr. Alexander)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
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 2013''.
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 that best
suits their family's needs;
``(3) to assist States in providing high-quality child care
services to parents trying to achieve independence from public
assistance;
``(4) to assist States in improving the overall quality of
child care services and programs by implementing the health,
safety, licensing, training, and oversight standards
established in this subchapter and in State law (including
regulations);
``(5) to improve school readiness by having children,
families, and child care providers engage in activities, in
child care settings, that are developmentally appropriate and
age-appropriate for the children and that promote children's
language and literacy and mathematics skills, social and
emotional development, physical health and development, and
approaches to learning;
``(6) to encourage States to provide consumer education
information to help parents make informed choices about child
care services and to promote involvement by parents and family
members in the education of their children in child care
settings;
``(7) to increase the number and percentage of low-income
children in high-quality child care settings; and
``(8) to improve the coordination and delivery of early
childhood education and care (including child care).''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 658B of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9801) is amended by striking ``subchapter'' and all
that follows, and inserting ``subchapter, such sums as may be necessary
for each of fiscal years 2014 through 2019.''.
SEC. 4. LEAD AGENCY.
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.''.
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 such Act (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 date of enactment of the Child
Care and Development Block Grant Act of 2013, 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.
``(E) Consumer 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 and other means as determined by the
State) to parents of eligible children and the general
public--
``(i) information that will promote
informed child care choices and that concerns--
``(I) the availability of child
care services provided through programs
authorized under this subchapter and,
if feasible, other child care services
provided in the State;
``(II) if available, information
about the quality of providers,
including information from a Quality
Rating and Improvement System;
``(III) information, made available
through a State website, describing the
State process for licensing child care
providers, the State processes for
conducting background checks, and
monitoring and inspections, of child
care providers, and the offenses that
prevent individuals and entities from
serving as child care providers in the
State;
``(IV) the availability of
assistance to obtain child care
services;
``(V) other programs for which
families that receive child care
services for which financial assistance
is provided in accordance with this
subchapter may be eligible, including
the program of block grants to States
for temporary assistance for needy
families established under part A of
title IV of the Social Security Act (42
U.S.C. 601 et seq.), Head Start and
Early Head Start programs carried out
under the Head Start Act (42 U.S.C.
9831 et seq.), the program carried out
under the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8621
et seq.), the supplemental nutrition
assistance program established under
the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.), the special
supplemental nutrition program for
women, infants, and children
established by 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. and 1397aa et
seq.);
``(VI) programs carried out under
section 619 and part C of the
Individuals with Disabilities Education
Act (20 U.S.C. 1419 and 1431 et seq.);
and
``(VII) research and best practices
concerning children's development,
including language and cognitive
development, development of early
language and literacy and mathematics
skills, social and emotional
development, meaningful parent and
family engagement, and physical health
and development;
``(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; and
``(iii) information, for parents receiving
assistance under the program of block grants to
States for temporary assistance for needy
families under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.), and low-
income parents, about eligibility for
assistance provided in accordance with this
subchapter.
``(F) Compliance with state licensing
requirements.--
``(i) 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 funding received under this subchapter to
support a child care provider that is exempt
from the corresponding licensing requirements
described in clause (i), the plan shall include
a description stating--
``(I) how children receiving
services from such a provider will
receive services that are comparable in
safety and quality to the services
received by children served by licensed
child care providers; and
``(II) 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 requirements.--
``(i) In general.--The plan shall describe
the training requirements that are in effect
within the State that are designed to enable
child care providers to promote the social,
emotional, physical, and cognitive development
of children and that are applicable to child
care providers that provide services for which
assistance is provided in accordance with this
subchapter in the State.
``(ii) Requirements.--The plan shall
provide an assurance that such training
requirements--
``(I) provide a set of workforce
and competency standards for child care
providers that provide services
described in clause (i);
``(II) are developed in
consultation with the State Advisory
Council on Early Childhood Education
and Care (designated or established
pursuant to section 642B(b)(1)(A) of
the Head Start Act (42 U.S.C.
9837b(b)(1)(A)));
``(III) include an evidence-based
training framework that is designed to
promote children's learning and
development and school readiness and to
improve child outcomes, including
school readiness;
``(IV) incorporate knowledge and
application of the State's early
learning and developmental guidelines
and, where applicable, the State's
child development and health standards;
and
``(V) to the extent practicable,
are appropriate for a population of
children that includes--
``(aa) different age groups
(such as infants, toddlers, and
preschoolers);
``(bb) English learners;
and
``(cc) children with
disabilities.
``(iii) Progression of professional
development.--In developing the requirements,
the State shall develop a statewide progression
of professional development designed to improve
the skills and knowledge of the workforce,
which may include the acquisition of course
credit in postsecondary education or of a
credential, aligned with the framework.
``(iv) Alignment.--The State shall engage
the State Advisory Council on Early Childhood
Education and Care, and may engage institutions
of higher education (as defined in section 102
of the Higher Education Act of 1965 (20 U.S.C.
1002)), and other training providers in
aligning training opportunities with the
State's training framework.
``(v) Credentials.--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 for which
assistance is made available in accordance with
this subchapter, appropriate to the type of
child care setting involved, that address--
``(I) group size limits for
specific age populations;
``(II) the appropriate ratio
between the number of children and the
number of providers, in terms of the
age of the children in child care, as
determined by the State; and
``(III) required qualifications for
such providers.
``(ii) 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 States maintain specific child-to-provider
ratios for providers who receive assistance
under this 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 (including prevention
of shaken baby syndrome and abusive head
trauma) consisting of--
``(I) the prevention and control of
infectious diseases (including
immunization) and the establishment of
a grace period that allows homeless
children to receive services under this
subchapter while their families are
taking any necessary action to comply
with immunization and other health and
safety requirements;
``(II) handwashing and universal
health precautions;
``(III) the administration of
medication, consistent with standards
for parental consent;
``(IV) the prevention of and
response to emergencies due to food and
other allergic reactions;
``(V) prevention of sudden infant
death syndrome and use of safe sleeping
practices;
``(VI) sanitary methods of food
handling;
``(VII) building and physical
premises safety;
``(VIII) emergency response
planning including disaster
preparation;
``(IX) the handling and storage of
hazardous materials and the appropriate
disposal of biocontaminants;
``(X) identification of and
protection from hazards that can cause
bodily injury such as electrical
hazards, bodies of water, and vehicular
traffic;
``(XI) for providers that offer
transportation, if applicable,
appropriate precautions in transporting
children;
``(XII) first aid and
cardiopulmonary resuscitation; and
``(XIII) minimum health and safety
training, to be completed pre-service
or during an orientation period,
appropriate to the provider setting
involved that addresses each of the
requirements relating to matters
described in subclauses (I) through
(XII); and
``(ii) may include requirements relating to
nutrition and access to physical activity.
``(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.--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 2013, shall have in effect policies and
practices, applicable to licensing for child care
providers that provide services for which assistance is
made available in accordance with this subchapter and
the facilities of those providers, that--
``(i) ensure that individuals who are hired
as licensing inspectors in the State are
qualified to inspect those child care providers
and facilities and have received training in
related health and safety requirements, child
development, child abuse prevention and
detection, program management, and relevant law
enforcement;
``(ii) require licensing inspectors of
those child care providers and facilities to
perform inspections, with--
``(I) not less than 1 prelicensure
health, safety, and fire inspection of
each such child care provider and
facility in the State; and
``(II) not less than annually, a
health, safety, and fire inspection
(which shall be unannounced) of each
such child care provider and facility
in the State; and
``(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 and State law.
``(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 the provision
of compensation at higher payment rates and bonuses to
child care providers, the provision of direct contracts
or grants to community-based organizations, or other
means determined by the State) to increase the supply
and improve the quality of child care for--
``(i) children in underserved areas;
``(ii) infants and toddlers;
``(iii) children with disabilities, as
defined in subparagraphs (A) and (D) of section
658P(3); and
``(iv) children who receive care during
nontraditional hours.
``(N) Protection for working parents.--
``(i) 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 requirements
for redetermination of eligibility for
assistance provided in accordance with this
subchapter.
``(ii) 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
(except for a factor described in
clause (iii), for a State not covered
by clause (iii)) and will receive such
assistance, for not less than 12 months
before the State redetermines the
eligibility of the child under this
subchapter, regardless of a change in
the 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 processes for initial
determination and redetermination of
such eligibility take into account
irregular fluctuations in earnings.
``(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, for a period of not to exceed 12
months, for children of working parents who
become ineligible for assistance to carry out
this subchapter during the redetermination
process due to a modest increase in the
parents' income, 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 quality early childhood
education and care, and assist children
enrolled in part-day prekindergarten or part-
day Head Start programs to receive full-day
services, will coordinate the services
supported to carry out this subchapter with--
``(I) programs carried out under
the Head Start Act (42 U.S.C. 9831 et
seq.), including the Early Head Start
programs carried out under section 645A
of that Act (42 U.S.C. 9840a);
``(II) programs carried out under
part A of title I, and part B of title
IV, of title I of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 6311 et seq., 7171 et seq.);
``(III) programs carried out under
section 619 and part C of the
Individuals with Disabilities Education
Act (20 U.S.C. 1419, 1431 et seq.);
``(IV) the maternal, infant, and
early childhood home visiting programs
authorized under section 511 of the
Social Security Act (42 U.S.C. 711), as
added by section 2951 of the Patient
Protection and Affordable Care Act;
``(V) State and locally funded
early childhood education and care
programs;
``(VI) programs serving homeless
children and services of local
educational agency liaisons for
homeless children and youths designated
under subsection (g)(1)(J)(ii) of
section 722 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C.
11432); and
``(VII) other Federal programs
supporting early childhood education
and care activities.
``(ii) 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, and private
entities to leverage existing service delivery systems
(as of the date of the submission of the application
containing the plan) for early childhood education and
care and to increase the supply and quality of child
care services for children who are less than 13 years
of age, such as by implementing voluntary shared
services alliance models to allow providers more time
and resources to provide higher quality of care at
lower cost by realizing small economies of scale.
``(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 early
childhood education and care, to give priority for
those investments to children of families in areas that
have significant concentrations of poverty and
unemployment and that do not have such programs.
``(R) 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 established pursuant to
section 642B(b)(1)(A) of the Head Start Act (42 U.S.C.
9837b(b)(1)(A)).
``(S) Payment practices.--The plan shall include a
certification that the payment practices of child care
providers in the State that serve children who receive
assistance under this subchapter reflect generally
accepted payment practices of child care providers in
the State that serve children who do not receive
assistance under this subchapter, so as to provide
stability of funding and encourage more child care
providers to serve children who receive assistance
under this subchapter.
``(T) Early learning and developmental
guidelines.--
``(i) In general.--The plan shall include
an assurance that the State will develop or
implement early learning and developmental
guidelines that are appropriate for children
from birth through entry into kindergarten,
describing what such children should know and
be able to do, and covering the essential
domains of early childhood education and care
and early childhood development for use
statewide by child care providers. Such child
care providers shall--
``(I) be licensed or regulated
under State law; and
``(II) not be a relative of all
children for whom the provider provides
child care services.
``(ii) Alignment.--The guidelines shall be
research-based, be developmentally appropriate,
and be aligned with State standards for
education in kindergarten through grade 3.
``(iii) 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; or
``(III) will be used as the primary
or sole method for assessing program
effectiveness.
``(iv) Exceptions.--Nothing in this
subchapter shall preclude the State using a
single assessment for children for--
``(I) improving instruction or a
classroom environment;
``(II) targeting professional
development to a provider;
``(III) determining the need for
health, mental health, disability,
developmental delay, or family support
services;
``(IV) obtaining information for
the quality improvement process at the
State level; or
``(V) conducting a program
evaluation for the purposes of
providing program improvement and
parent information.
``(v) No federal control.--Nothing in this
section shall be construed to authorize an
officer or employee of the Federal Government
to--
``(I) mandate, direct, or control a
State's early learning and
developmental guidelines, developed in
accordance with this section;
``(II) establish any criterion that
specifies, defines, or prescribes the
standards or measures that a State uses
to establish, implement, or improve--
``(aa) early learning and
developmental guidelines, or
early learning standards,
assessments, or accountability
systems; or
``(bb) alignment of early
learning and developmental
guidelines with State standards
for education in kindergarten
through grade 3; or
``(III) require a State to submit
such standards or measures for
review.'';
(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 use of procedures to permit
immediate enrollment (after the initial
eligibility determination and after a child is
determined to be eligible) of homeless children
while required documentation is obtained,
training and technical assistance on
identifying and serving homeless children and
their families, and specific outreach to
homeless families, and any other activity that
the State determines to be appropriate to meet
the purposes of this subchapter (which may
include an activity described in clause
(ii))''; and
(iii) by adding at the end the following:
``(ii) 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,
analyzed by provider, including
child care provided during
nontraditional hours and
through emergency child care
centers, in their political
subdivisions or regions;
``(bb) to the extent
practicable, work directly with
families who receive assistance
under this subchapter to offer
the families support and
assistance, using information
described in item (aa), to make
an informed decision about
which child care providers they
will use, in an effort to
ensure that the families are
enrolling their children in
high-quality care;
``(cc) collect and analyze
data on the coordination of
services and supports,
including services under
section 619 and part C of the
Individuals with Disabilities
Education Act (42 U.S.C. 1419,
1431 et seq.), for children
with disabilities (as defined
in section 602 of such Act (20
U.S.C. 1401));
``(dd) collect and analyze
data on the supply of and
demand for child care in
political subdivisions or
regions within the State and
submit such data and analysis
to the State;
``(ee) work to establish
partnerships with public
agencies and private entities
to increase the supply and
quality of child care services
in the State; and
``(ff) as appropriate,
coordinate their activities
with the activities of the
State lead agency and local
agencies that administer funds
made available in accordance
with this subchapter.'';
(C) in subparagraph (D)--
(i) by striking ``1997 through 2012'' and
inserting ``2014 through 2019''; and
(ii) by striking ``paragraph (2)(H)'' and
inserting ``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, local child
care program administrators, local child care
resource and referral agencies, and other
appropriate entities, developed and conducted
(not earlier than 2 years before the date of
the submission of the application containing
the State plan) a statistically valid and
reliable survey of the market rates for child
care services in the State (that reflects
variations in the cost of child care services
by geographic area, type of provider, and age
of child);
``(ii) demonstrate that the State prepared
a detailed report containing the results of the
State market rates survey conducted pursuant to
clause (i), and made the results of the survey
widely available (not later than 30 days after
the completion of such survey) through periodic
means, including posting the results on the
Internet;
``(iii) describe how the State will set
payment rates for child care services, for
which assistance is provided in accordance with
this subchapter, in accordance with the results
of the market rates survey conducted pursuant
to clause (i) 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 the
Child Care and Development Block Grant Act of
2013; and
``(iv) describe how the State will provide
for timely payment for child care services
provided in accordance with this subchapter.
``(C) Construction.--
``(i) No private right of action.--Nothing
in this paragraph shall be construed to create
a private right of action.
``(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 during weekend and
other nontraditional hours; or
``(IV) the State's determination
that such differentiated payment rates
are needed to enable a parent to choose
child care that is of high quality.'';
and
(5) in paragraph (5), by inserting ``that is not a barrier
to families receiving assistance under this subchapter'' after
``cost sharing''.
(c) 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 shall reserve and use a
portion of such funds, in accordance with paragraph (2), for
activities provided directly, or through grants or contracts
with local child care resource and referral organizations or
other appropriate entities, that are designed to improve the
quality of child care services and increase parental options
for, and access to, high-quality child care, provided in
accordance with this subchapter.
``(2) Amount of reservations.--Such State shall reserve and
use for the activities described in paragraph (1), not less
than--
``(A) 6 percent of such funds in 2014;
``(B) 8 percent of such funds in 2016;
``(C) 10 percent of such funds in 2018 and each
succeeding year; and
``(D) 3 percent of such funds in 2014 and each
succeeding year to carry out the activities described
in paragraph (1), as such activities relate to the
quality of care for infants and toddlers.
``(b) Activities.--Funds reserved under subsection (a) shall be
used to carry out not less than 2 of the following activities:
``(1) Supporting the training, professional development,
and professional advancement of the child care workforce
through activities such as--
``(A) offering child care providers training and
professional development that is intentional and
sequential and leads to a higher level of skill or
certification;
``(B) establishing or supporting programs designed
to increase the retention and improve the competencies
of child care providers, including wage incentive
programs and initiatives that establish tiered payment
rates for providers that meet or exceed child care
services guidelines, as defined by the State;
``(C) offering training, professional development,
and educational opportunities for child care providers
that relate to the use of developmentally appropriate
and age-appropriate curricula, and early childhood
teaching strategies, that are scientifically based and
aligned with the social, emotional, physical, and
cognitive development of children, including offering
specialized training for child care providers who care
for infants and toddlers, children who are English
learners, and children with disabilities (as defined in
section 602 of the Individuals with Disabilities
Education Act (20 U.S.C. 1401));
``(D) providing training in early mathematics and
early language and literacy development and effective
instructional practices to support mathematics and
language and literacy development in young children;
``(E) incorporating effective use of data to guide
instruction and program improvement;
``(F) including effective behavior management
strategies, including positive behavioral interventions
and supports, that promote positive social and
emotional development and reduce challenge behaviors;
``(G) at the option of the State, incorporating
feedback from experts at the State's institutions of
higher education, as defined in section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002), and
other early learning and development experts and early
childhood experts;
``(H) providing training corresponding to the
nutritional and physical activity needs of children to
promote healthy development; and
``(I) providing training or professional
development for child care providers to serve and
support children with disabilities.
``(2) Supporting the use of the early learning and
developmental guidelines described in section 658E by--
``(A) developing and implementing such early
learning and developmental guidelines for early
language and literacy skills and activities and pre-
numeracy and mathematics skills and activities, for
child care programs in the State, that are aligned with
State standards for education in kindergarten through
grade 12 education or the State's general goals for
school readiness; and
``(B) providing technical assistance to enhance
early learning for preschool and school-aged children
in order to promote language and literacy skills,
foster school readiness, and support later school
success.
``(3) Developing and implementing a tiered quality rating
system for child care providers, which shall--
``(A) support and assess the quality of child care
providers in the State;
``(B) build on licensing standards and other State
regulatory standards for such providers;
``(C) be designed to improve the quality of
different types of child care providers;
``(D) describe the quality of early learning
facilities;
``(E) build the capacity of State early learning
programs and communities to promote parents' and
families' understanding of the State's early learning
system and the ratings of the programs in which the
child is enrolled; and
``(F) provide, to the maximum extent practicable,
financial incentives and other supports designed to
achieve and sustain higher levels of quality.
``(4) Improving the supply and quality of child care
programs and services for infants and toddlers through
activities which may include--
``(A) establishing or expanding neighborhood-based
high-quality comprehensive family and child development
centers, which may serve as resources to child care
providers in order to improve the quality of early
childhood education and care and early childhood
development services provided to infants and toddlers
from low-income families and to help eligible child
care providers improve their capacity to offer high-
quality care to infants and toddlers from low-income
families;
``(B) establishing or expanding the operation of
community or neighborhood-based family child care
networks;
``(C) supporting statewide networks of infant and
toddler child care specialists, including specialists
who have knowledge regarding infant and toddler
development and curriculum and program implementation
for children with disabilities, which may include
specialists who provide such services through part C of
the Individuals with Disabilities Education Act (20
U.S.C. 1431 et seq.);
``(D) carrying out initiatives to improve the
quality of the infant and toddler child care workforce,
such as providing relevant training, professional
development, or mentoring opportunities and linking
such opportunities to career pathways, developing
career pathways for such providers, and improving the
State credentialing of eligible providers caring for
infants and toddlers; and
``(E) if applicable, developing infant and toddler
components within the State's quality rating system
described in paragraph (3) for child care providers for
infants and toddlers, or the development of infant and
toddler components in a State's child care licensing
regulations or early childhood guidelines;
``(F) improving the ability of parents to access
information about high-quality infant and toddler care;
and
``(G) carrying out other activities determined by
the State to improve the quality of infant and toddler
care provided in the State, and for which there is
evidence that the activities will lead to improved
infant and toddler safety, infant and toddler
development, or infant and toddler well-being.
``(5) Promoting broad child care provider participation in
the quality rating system described in paragraph (3).
``(6) Establishing or expanding a statewide system of child
care resource and referral services.
``(7) Facilitating compliance with State requirements for
inspection, monitoring, training, and health and safety, and
with State licensing standards.
``(8) Evaluating and assessing the quality and
effectiveness of child care programs and services offered in
the State, including evaluating how such programs and services
may improve the overall school readiness of young children.
``(9) Supporting child care providers in the pursuit of
accreditation by an established national accrediting body with
demonstrated, valid and reliable program standards of high
quality.
``(10) Supporting State or local efforts to develop or
adopt high-quality program standards relating to health, mental
health, nutrition, physical activity, and physical development
and providing resources to enable eligible child care providers
to meet, exceed, or sustain success in meeting or exceeding
such standards.
``(11) Carrying out other activities determined by the
State to improve the quality of child care services provided in
the State, and for which measurement of outcomes relating to
improved provider preparedness, child safety, child well-being,
or school readiness is possible.
``(c) Certification.--Beginning with fiscal year 2014, 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
describes 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).
``(f) Construction.--Nothing in this section shall be construed as
providing the Secretary the authority to regulate, monitor, or dictate
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 each State criminal and sex offender
registry or repository in the State where the child care staff
member resides and each State where such staff member resided
during the preceding 10 years;
``(2) a search of State-based child abuse and neglect
registries and databases in the State where the child care
staff member resides and each State where such staff member
previously resided during the preceding 10 years;
``(3) a search of the National Crime Information Center;
``(4) a Federal Bureau of Investigation fingerprint check
using the Integrated Automated Fingerprint Identification
System; and
``(5) a search of the National Sex Offender Registry
established under the Adam Walsh Child Protection and Safety
Act of 2006 (42 U.S.C. 16901 et seq.).
``(c) Prohibitions.--
``(1) Child care staff members.--A child care staff member
shall be ineligible for employment by a child care provider
that is licensed, regulated, or registered by the State or for
which assistance is provided in accordance with this
subchapter, if such individual--
``(A) refuses to consent to the criminal background
check described in subsection (b);
``(B) knowingly makes a materially false statement
in connection with such criminal background check;
``(C) is registered, or is required to be
registered, on a State sex offender registry or 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.
``(2) Child care providers.--A child care provider
described in paragraph (1) shall be ineligible for assistance
provided in accordance with this subchapter if the provider
employs a staff member who is ineligible for employment under
paragraph (1).
``(d) Submission of Requests for Background Checks.--
``(1) 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 2013, the provider shall submit such a request--
``(A) prior to the last day described in subsection
(i)(1); and
``(B) not less often than once during each 5-year
period following the first submission date under this
paragraph for that staff member.
``(3) Prospective staff 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 often than once during each 5-year
period following the first submission date under this
paragraph for that staff member.
``(4) Background check for another child care 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; and
``(B) the State provides to the provider a
qualifying background check result, consistent with
this subchapter, for the child care staff member, who
may have become 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 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, however such results of background
checks may be included in the development or
dissemination of local or statewide data related to
background checks, if such results are not individually
identifiable.
``(3) 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) the appeals process is completed in a
timely manner for each child care staff member;
``(ii) each child care staff member shall
be given notice of the opportunity to appeal;
and
``(iii) 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 in his or her
criminal background report.
``(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 the
provider is in compliance with State regulations and
requirements.
``(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) 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 subchapter.
``(h) 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 in accordance
with this subchapter; and
``(2) the term `child care staff member' means an
individual (other than an individual who is related to all
children for whom child care services are provided)--
``(A) who is employed by a child care provider for
compensation;
``(B) whose activities involve the care or
supervision of children for a child care provider or
unsupervised access to children who are cared for or
supervised by a child care provider; or
``(C) who is a family child care provider.
``(i) 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 1990.
``(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)(2) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858g(a)(2)) is amended
by inserting a comma after ``publish''.
(b) Reports.--Section 658K(a) of such Act (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 period and
inserting ``; and''; and
(C) by inserting after clause (x), the following:
``(xi) whether the children receiving
assistance under this subchapter are homeless
children;''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``1997'' and inserting ``2014''; and
(B) in subparagraph (A), by striking ``section
658P(5)'' and inserting ``section 658P(6)''.
(c) Report by Secretary.--Section 658L of such Act (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 ``2015''; and
(4) by striking ``to the Committee'' and all that follows
through ``of the Senate'' and inserting ``to the Committee on
Education and the Workforce of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the
Senate''; and
(5) by adding at the end the following:
``(b) National Toll-Free Hotline and Web Site.--
``(1) In general.--The Secretary shall operate a national
toll-free hotline and Web site, to--
``(A) develop and disseminate publicly available
child care consumer education information for parents
and help parents access safe, affordable, and quality
child care in their community; and
``(B) to allow persons to report (anonymously if
desired) suspected child abuse or neglect, or
violations of health and safety requirements, by an
eligible child care provider that receives assistance
under this subchapter.
``(2) 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 State
licensed child care providers;
``(ii) any provider-specific information
from a Quality Rating and Improvement System or
information about other quality indicators, to
the extent the information is publicly
available and to the extent practicable;
``(iii) any other provider-specific
information about compliance with licensing,
and health and safety, requirements to the
extent the information is publicly available
and to the extent practicable;
``(iv) referrals to local resource and
referral organizations from which consumers can
find more information about child care
providers, and a recommendation that consumers
consult with the organizations when selecting a
child care provider; and
``(v) State information about child care
subsidy programs and other financial supports
available to families.
``(C) 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 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 child care consumer education
and referral services that are consistent and of high
quality.
``(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 2013) not publicly available, or is not required by this
subchapter.''.
SEC. 9. TOLL-FREE HOTLINE AND WEB SITE.
Section 658O(a) of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858m(a)) is amended by adding at the end the
following:
``(3) National toll-free hotline and web site.--The
Secretary shall reserve not less than $1,000,000 of the amount
appropriated under this subchapter for each fiscal year for the
operation of a national toll-free hotline and Web site, under
section 658L(b).''.
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
``(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 before paragraph (6), as redesignated by
paragraph (2), 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).''; and
(6) in paragraph (10), as redesignated by paragraph (2), by
inserting ``, foster parent,'' after ``guardian''.
<all>