[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1086 Reported in Senate (RS)]
Calendar No. 309
113th CONGRESS
2d Session
S. 1086
[Report No. 113-138]
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, Mr. Alexander, and
Mrs. Gillibrand) introduced the following bill; which was read twice
and referred to the Committee on Health, Education, Labor, and Pensions
February 25, 2014
Reported by Mr. Harkin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Child Care and Development
Block Grant Act of 2013''.</DELETED>
<DELETED>SEC. 2. SHORT TITLE AND PURPOSES.</DELETED>
<DELETED> 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:</DELETED>
<DELETED>``SEC. 658A. SHORT TITLE AND PURPOSES.</DELETED>
<DELETED> ``(a) Short Title.--This subchapter may be cited as the
`Child Care and Development Block Grant Act of 1990'.</DELETED>
<DELETED> ``(b) Purposes.--The purposes of this subchapter are--
</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(3) to assist States in providing high-quality
child care services to parents trying to achieve independence
from public assistance;</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(7) to increase the number and percentage of
low-income children in high-quality child care settings;
and</DELETED>
<DELETED> ``(8) to improve the coordination and delivery of
early childhood education and care (including child
care).''.</DELETED>
<DELETED>SEC. 3. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> 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.''.</DELETED>
<DELETED>SEC. 4. LEAD AGENCY.</DELETED>
<DELETED> Section 658D(a) of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858b(a)) is amended--</DELETED>
<DELETED> (1) by striking ``chief executive officer'' and
inserting ``Governor''; and</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED>SEC. 5. APPLICATION AND PLAN.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Policies and Procedures.--Section 658E(c) of such Act
(42 U.S.C. 9858c(c)) is amended--</DELETED>
<DELETED> (1) in paragraph (1), by inserting ``or
established'' after ``designated'';</DELETED>
<DELETED> (2) in paragraph (2)--</DELETED>
<DELETED> (A) in subparagraph (B), by inserting a
comma after ``care of such providers'';</DELETED>
<DELETED> (B) by striking subparagraphs (D) through
(H); and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) information that will
promote informed child care choices and that
concerns--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(II) if available,
information about the quality of
providers, including information from a
Quality Rating and Improvement
System;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(IV) the availability of
assistance to obtain child care
services;</DELETED>
<DELETED> ``(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.);</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(ii) information on
developmental screenings, including--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(F) Compliance with state licensing
requirements.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(G) Training requirements.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(ii) Requirements.--The plan
shall provide an assurance that such training
requirements--</DELETED>
<DELETED> ``(I) provide a set of
workforce and competency standards for
child care providers that provide
services described in clause
(i);</DELETED>
<DELETED> ``(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)));</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(V) to the extent
practicable, are appropriate for a
population of children that includes--
</DELETED>
<DELETED> ``(aa) different
age groups (such as infants,
toddlers, and
preschoolers);</DELETED>
<DELETED> ``(bb) English
learners; and</DELETED>
<DELETED> ``(cc) children
with disabilities.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(H) Child-to-provider ratio standards.--
</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) group size limits
for specific age populations;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(III) required
qualifications for such
providers.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) shall relate to matters
including health and safety topics (including
prevention of shaken baby syndrome and abusive
head trauma) consisting of--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(II) handwashing and
universal health precautions;</DELETED>
<DELETED> ``(III) the administration
of medication, consistent with
standards for parental
consent;</DELETED>
<DELETED> ``(IV) the prevention of
and response to emergencies due to food
and other allergic reactions;</DELETED>
<DELETED> ``(V) prevention of sudden
infant death syndrome and use of safe
sleeping practices;</DELETED>
<DELETED> ``(VI) sanitary methods of
food handling;</DELETED>
<DELETED> ``(VII) building and
physical premises safety;</DELETED>
<DELETED> ``(VIII) emergency
response planning including disaster
preparation;</DELETED>
<DELETED> ``(IX) the handling and
storage of hazardous materials and the
appropriate disposal of
biocontaminants;</DELETED>
<DELETED> ``(X) identification of
and protection from hazards that can
cause bodily injury such as electrical
hazards, bodies of water, and vehicular
traffic;</DELETED>
<DELETED> ``(XI) for providers that
offer transportation, if applicable,
appropriate precautions in transporting
children;</DELETED>
<DELETED> ``(XII) first aid and
cardiopulmonary resuscitation;
and</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) may include requirements
relating to nutrition and access to physical
activity.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(ii) require licensing
inspectors of those child care providers and
facilities to perform inspections, with--
</DELETED>
<DELETED> ``(I) not less than 1
prelicensure health, safety, and fire
inspection of each such child care
provider and facility in the State;
and</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) children in underserved
areas;</DELETED>
<DELETED> ``(ii) infants and
toddlers;</DELETED>
<DELETED> ``(iii) children with
disabilities, as defined in subparagraphs (A)
and (D) of section 658P(3); and</DELETED>
<DELETED> ``(iv) children who receive care
during nontraditional hours.</DELETED>
<DELETED> ``(N) Protection for working parents.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(ii) Minimum period.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(O) Coordination with other programs.--
</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(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.);</DELETED>
<DELETED> ``(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.);</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(V) State and locally
funded early childhood education and
care programs;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(VII) other Federal
programs supporting early childhood
education and care
activities.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(T) Early learning and developmental
guidelines.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) be licensed or
regulated under State law;
and</DELETED>
<DELETED> ``(II) not be a relative
of all children for whom the provider
provides child care services.</DELETED>
<DELETED> ``(ii) Alignment.--The guidelines
shall be research-based, be developmentally
appropriate, and be aligned with State
standards for education in kindergarten through
grade 3.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(II) will be used as the
primary or sole basis to provide a
reward or sanction for an individual
provider; or</DELETED>
<DELETED> ``(III) will be used as
the primary or sole method for
assessing program
effectiveness.</DELETED>
<DELETED> ``(iv) Exceptions.--Nothing in
this subchapter shall preclude the State using
a single assessment for children for--
</DELETED>
<DELETED> ``(I) improving
instruction or a classroom
environment;</DELETED>
<DELETED> ``(II) targeting
professional development to a
provider;</DELETED>
<DELETED> ``(III) determining the
need for health, mental health,
disability, developmental delay, or
family support services;</DELETED>
<DELETED> ``(IV) obtaining
information for the quality improvement
process at the State level;
or</DELETED>
<DELETED> ``(V) conducting a program
evaluation for the purposes of
providing program improvement and
parent information.</DELETED>
<DELETED> ``(v) No federal control.--Nothing
in this section shall be construed to authorize
an officer or employee of the Federal
Government to--</DELETED>
<DELETED> ``(I) mandate, direct, or
control a State's early learning and
developmental guidelines, developed in
accordance with this section;</DELETED>
<DELETED> ``(II) establish any
criterion that specifies, defines, or
prescribes the standards or measures
that a State uses to establish,
implement, or improve--</DELETED>
<DELETED> ``(aa) early
learning and developmental
guidelines, or early learning
standards, assessments, or
accountability systems;
or</DELETED>
<DELETED> ``(bb) alignment
of early learning and
developmental guidelines with
State standards for education
in kindergarten through grade
3; or</DELETED>
<DELETED> ``(III) require a State to
submit such standards or measures for
review.'';</DELETED>
<DELETED> (3) in paragraph (3)--</DELETED>
<DELETED> (A) in subparagraph (A), by striking ``as
required under'' and inserting ``in accordance
with'';</DELETED>
<DELETED> (B) in subparagraph (B)--</DELETED>
<DELETED> (i) by striking ``The State'' and
inserting the following:</DELETED>
<DELETED> ``(i) In general.--The
State'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(ii) Child care resource and
referral system.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(II) Local or regional
organizations.--The local or regional
child care resource and referral
organizations supported as described in
subclause (I) shall--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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));</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (C) in subparagraph (D)--</DELETED>
<DELETED> (i) by striking ``1997 through
2012'' and inserting ``2014 through 2019'';
and</DELETED>
<DELETED> (ii) by striking ``paragraph
(2)(H)'' and inserting ``paragraph (2)(M)'';
and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(E) Direct services.--From amounts
provided to a State for a fiscal year to carry out this
subchapter, the State shall--</DELETED>
<DELETED> ``(i) reserve the minimum amount
required to be reserved under section 658G, and
the funds for costs described in subparagraph
(C); and</DELETED>
<DELETED> ``(ii) from the remainder, use not
less than 70 percent to fund direct services
(provided by the State) in accordance with
paragraph (2)(A).'';</DELETED>
<DELETED> (4) by striking paragraph (4) and inserting the
following:</DELETED>
<DELETED> ``(4) Payment rates.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Survey.--The State plan shall--
</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(iv) describe how the State will
provide for timely payment for child care
services provided in accordance with this
subchapter.</DELETED>
<DELETED> ``(C) Construction.--</DELETED>
<DELETED> ``(i) No private right of
action.--Nothing in this paragraph shall be
construed to create a private right of
action.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) geographic location
of child care providers (such as
location in an urban or rural
area);</DELETED>
<DELETED> ``(II) the age or
particular needs of children (such as
the needs of children with disabilities
and children served by child protective
services);</DELETED>
<DELETED> ``(III) whether the
providers provide child care during
weekend and other nontraditional hours;
or</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (5) in paragraph (5), by inserting ``that is not a
barrier to families receiving assistance under this
subchapter'' after ``cost sharing''.</DELETED>
<DELETED> (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)''.</DELETED>
<DELETED>SEC. 6. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD
CARE.</DELETED>
<DELETED> Section 658G of the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858e) is amended to read as follows:</DELETED>
<DELETED>``SEC. 658G. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD
CARE.</DELETED>
<DELETED> ``(a) Reservation.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Amount of reservations.--Such State shall
reserve and use for the activities described in paragraph (1),
not less than--</DELETED>
<DELETED> ``(A) 6 percent of such funds in
2014;</DELETED>
<DELETED> ``(B) 8 percent of such funds in
2016;</DELETED>
<DELETED> ``(C) 10 percent of such funds in 2018 and
each succeeding year; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Activities.--Funds reserved under subsection (a)
shall be used to carry out not less than 2 of the following
activities:</DELETED>
<DELETED> ``(1) Supporting the training, professional
development, and professional advancement of the child care
workforce through activities such as--</DELETED>
<DELETED> ``(A) offering child care providers
training and professional development that is
intentional and sequential and leads to a higher level
of skill or certification;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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));</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(E) incorporating effective use of data
to guide instruction and program improvement;</DELETED>
<DELETED> ``(F) including effective behavior
management strategies, including positive behavioral
interventions and supports, that promote positive
social and emotional development and reduce challenge
behaviors;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(H) providing training corresponding to
the nutritional and physical activity needs of children
to promote healthy development; and</DELETED>
<DELETED> ``(I) providing training or professional
development for child care providers to serve and
support children with disabilities.</DELETED>
<DELETED> ``(2) Supporting the use of the early learning and
developmental guidelines described in section 658E by--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Developing and implementing a tiered quality
rating system for child care providers, which shall--</DELETED>
<DELETED> ``(A) support and assess the quality of
child care providers in the State;</DELETED>
<DELETED> ``(B) build on licensing standards and
other State regulatory standards for such
providers;</DELETED>
<DELETED> ``(C) be designed to improve the quality
of different types of child care providers;</DELETED>
<DELETED> ``(D) describe the quality of early
learning facilities;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(F) provide, to the maximum extent
practicable, financial incentives and other supports
designed to achieve and sustain higher levels of
quality.</DELETED>
<DELETED> ``(4) Improving the supply and quality of child
care programs and services for infants and toddlers through
activities which may include--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) establishing or expanding the
operation of community or neighborhood-based family
child care networks;</DELETED>
<DELETED> ``(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.);</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(F) improving the ability of parents to
access information about high-quality infant and
toddler care; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(5) Promoting broad child care provider
participation in the quality rating system described in
paragraph (3).</DELETED>
<DELETED> ``(6) Establishing or expanding a statewide system
of child care resource and referral services.</DELETED>
<DELETED> ``(7) Facilitating compliance with State
requirements for inspection, monitoring, training, and health
and safety, and with State licensing standards.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) the amount of funds that are reserved under
subsection (a);</DELETED>
<DELETED> ``(2) the activities carried out under this
section; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 7. CRIMINAL BACKGROUND CHECKS.</DELETED>
<DELETED> 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:</DELETED>
<DELETED>``SEC. 658H. CRIMINAL BACKGROUND CHECKS.</DELETED>
<DELETED> ``(a) In General.--A State that receives funds to carry
out this subchapter shall have in effect--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(2) licensing, regulation, and registration
requirements, as applicable, that prohibit the employment of
child care staff members as described in subsection
(c).</DELETED>
<DELETED> ``(b) Requirements.--A criminal background check for a
child care staff member under subsection (a) shall include--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(3) a search of the National Crime Information
Center;</DELETED>
<DELETED> ``(4) a Federal Bureau of Investigation
fingerprint check using the Integrated Automated Fingerprint
Identification System; and</DELETED>
<DELETED> ``(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.).</DELETED>
<DELETED> ``(c) Prohibitions.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) refuses to consent to the criminal
background check described in subsection (b);</DELETED>
<DELETED> ``(B) knowingly makes a materially false
statement in connection with such criminal background
check;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(D) has been convicted of a felony
consisting of--</DELETED>
<DELETED> ``(i) murder, as described in
section 1111 of title 18, United States
Code;</DELETED>
<DELETED> ``(ii) child abuse or
neglect;</DELETED>
<DELETED> ``(iii) a crime against children,
including child pornography;</DELETED>
<DELETED> ``(iv) spousal abuse;</DELETED>
<DELETED> ``(v) a crime involving rape or
sexual assault;</DELETED>
<DELETED> ``(vi) kidnapping;</DELETED>
<DELETED> ``(vii) arson;</DELETED>
<DELETED> ``(viii) physical assault or
battery; or</DELETED>
<DELETED> ``(ix) subject to subsection
(e)(4), a drug-related offense committed during
the preceding 5 years.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(d) Submission of Requests for Background Checks.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) prior to the last day described in
subsection (i)(1); and</DELETED>
<DELETED> ``(B) not less often than once during each
5-year period following the first submission date under
this paragraph for that staff member.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) prior to the date the individual
becomes a child care staff member of the provider;
and</DELETED>
<DELETED> ``(B) not less often than once during each
5-year period following the first submission date under
this paragraph for that staff member.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the staff member received a
background check described in subsection (b)--
</DELETED>
<DELETED> ``(i) within 5 years before the
latest date on which such a submission may be
made; and</DELETED>
<DELETED> ``(ii) while employed by or
seeking employment by another child care
provider within the State; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(e) Background Check Results and Appeals.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Privacy.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Appeals.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Appeals process.--The State shall
ensure that--</DELETED>
<DELETED> ``(i) the appeals process is
completed in a timely manner for each child
care staff member;</DELETED>
<DELETED> ``(ii) each child care staff
member shall be given notice of the opportunity
to appeal; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(g) Construction.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(h) Definitions.--In this section--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) is not an individual who is related
to all children for whom child care services are
provided; and</DELETED>
<DELETED> ``(B) is licensed, regulated, or
registered under State law or receives assistance
provided in accordance with this subchapter;
and</DELETED>
<DELETED> ``(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)--</DELETED>
<DELETED> ``(A) who is employed by a child care
provider for compensation;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(C) who is a family child care
provider.</DELETED>
<DELETED> ``(i) Effective Date.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 8. REPORTS AND INFORMATION.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Reports.--Section 658K(a) of such Act (42 U.S.C.
9858i(a)) is amended--</DELETED>
<DELETED> (1) in paragraph (1)(B)--</DELETED>
<DELETED> (A) in clause (ix), by striking ``and'' at
the end;</DELETED>
<DELETED> (B) in clause (x), by striking the period
and inserting ``; and''; and</DELETED>
<DELETED> (C) by inserting after clause (x), the
following:</DELETED>
<DELETED> ``(xi) whether the children
receiving assistance under this subchapter are
homeless children;''; and</DELETED>
<DELETED> (2) in paragraph (2)--</DELETED>
<DELETED> (A) in the matter preceding subparagraph
(A), by striking ``1997'' and inserting ``2014'';
and</DELETED>
<DELETED> (B) in subparagraph (A), by striking
``section 658P(5)'' and inserting ``section
658P(6)''.</DELETED>
<DELETED> (c) Report by Secretary.--Section 658L of such Act (42
U.S.C. 9858j) is amended--</DELETED>
<DELETED> (1) by striking the section heading and inserting
the following:</DELETED>
<DELETED>``SEC. 658L. REPORTS, HOTLINE, AND WEB SITE.'';</DELETED>
<DELETED> (2) by striking ``Not later'' and inserting the
following:</DELETED>
<DELETED> ``(a) Report by Secretary.--Not later'';</DELETED>
<DELETED> (3) by striking ``1998'' and inserting ``2015'';
and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (5) by adding at the end the following:</DELETED>
<DELETED> ``(b) National Toll-Free Hotline and Web Site.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall operate a
national toll-free hotline and Web site, to--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Requirements.--The Secretary shall ensure
that the hotline and Web site meet the following
requirements:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Information.--The Web site shall
provide to consumers, directly or through linkages to
State databases, at a minimum--</DELETED>
<DELETED> ``(i) a localized list of all
State licensed child care providers;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(v) State information about
child care subsidy programs and other financial
supports available to families.</DELETED>
<DELETED> ``(C) Nationwide capacity.--The Web site
and hotline shall have the capacity to help families in
every State and community in the Nation.</DELETED>
<DELETED> ``(D) Information at all hours.--The Web
site shall provide, to parents and families, access to
information about child care 24 hours a day.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 9. TOLL-FREE HOTLINE AND WEB SITE.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED>SEC. 10. DEFINITIONS.</DELETED>
<DELETED> Section 658P of the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858n) is amended--</DELETED>
<DELETED> (1) by striking paragraph (4) and inserting the
following:</DELETED>
<DELETED> ``(3) Child with a disability.--The term `child
with a disability' means--</DELETED>
<DELETED> ``(A) a child with a disability, as
defined in section 602 of the Individuals with
Disabilities Education Act (20 U.S.C. 1401);</DELETED>
<DELETED> ``(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.);</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(D) a child with a disability, as
defined by the State involved.</DELETED>
<DELETED> ``(4) Eligible child.--The term `eligible child'
means an individual--</DELETED>
<DELETED> ``(A) who is less than 13 years of
age;</DELETED>
<DELETED> ``(B) whose family income does not exceed
85 percent of the State median income for a family of
the same size; and</DELETED>
<DELETED> ``(C) who--</DELETED>
<DELETED> ``(i) resides with a parent or
parents who are working or attending a job
training or educational program; or</DELETED>
<DELETED> ``(ii) is receiving, or needs to
receive, protective services and resides with a
parent or parents not described in clause
(i).'';</DELETED>
<DELETED> (2) by redesignating paragraphs (5) through (9) as
paragraphs (6) through (10), respectively;</DELETED>
<DELETED> (3) by inserting before paragraph (6), as
redesignated by paragraph (2), the following:</DELETED>
<DELETED> ``(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).'';</DELETED>
<DELETED> (4) in paragraph (6)(A), as redesignated by
paragraph (2)--</DELETED>
<DELETED> (A) in clause (i), by striking ``section
658E(c)(2)(E)'' and inserting ``section
658E(c)(2)(F)''; and</DELETED>
<DELETED> (B) in clause (ii), by striking ``section
658E(c)(2)(F)'' and inserting ``section
658E(c)(2)(I)'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (6) in paragraph (10), as redesignated by
paragraph (2), by inserting ``, foster parent,'' after
``guardian''.</DELETED>
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 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. 9858) is amended by striking ``subchapter'' and all
that follows, and inserting ``subchapter, such sums as may be necessary
for each of fiscal years 2015 through 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.''.
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 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 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
and other programs provided in the
State for which the family may be
eligible;
``(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 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.);
``(VI) programs carried out under
section 619 and part C of the
Individuals with Disabilities Education
Act (20 U.S.C. 1419, 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 (particularly healthy
eating and physical activity);
``(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; 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 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.
``(iii) Requests for relief.--As described
in section 658I(d), a State may request relief
from a provision of Federal law other than this
subchapter that might conflict with a
requirement of this subchapter, including a
licensing requirement.
``(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)(i) of
the Head Start Act (42 U.S.C.
9837b(b)(1)(A)(i)));
``(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
(where applicable), and 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;
``(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) 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--
``(I) which may include the
acquisition of course credit in
postsecondary education or of a
credential, aligned with the framework;
and
``(II) which shall be accessible to
providers supported through Indian
tribes or tribal organizations that
receive assistance under this
subchapter.
``(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 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));
``(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, 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, child development, child
abuse prevention and detection, program
management, and relevant law
enforcement;
``(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 (although
inspectors may or may not
inspect for compliance with all
3 standards at the same time);
and
``(III) require the ratio of
licensing inspectors to such child care
providers and facilities in the State
to--
``(aa) 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; and
``(bb) be consistent with
research findings and best
practices.
``(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 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 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
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 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 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 quality early childhood
education and care, and assist children
enrolled in prekindergarten, Early Head Start,
or 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 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
(Public Law 111-148);
``(V) State, Indian tribe or tribal
organization, 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(g)(1)(J)(ii)); and
``(VII) other Federal programs
supporting early childhood education
and care activities, and, where
applicable, child care programs funded
through State veterans affairs offices.
``(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, Indian tribes
and tribal organizations, 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.
``(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 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 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, developmentally appropriate,
and 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;
``(III) will be used as the primary
or sole method for assessing program
effectiveness; or
``(IV) will be used to deny
eligibility to participate in the
program carried out under this
subchapter.
``(iv) Exceptions.--Nothing in this
subchapter shall preclude the State from using
a single assessment (if appropriate) 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.
``(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 (20 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 2002'' and
inserting ``2015 through 2020''; and
(ii) by striking ``families described in
paragraph (2)(H)'' and inserting ``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);
``(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--
``(I) in accordance with the
results of the market rates survey
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 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 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, 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) 6 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) 10 percent of such funds, for the
fifth full fiscal year after the date of
enactment and each succeeding fiscal year; and
``(B) in addition to the funds reserved under
subparagraph (A), 3 percent of the funds described in
paragraph (1), for the first full fiscal year after the
date of enactment and each succeeding 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.
``(b) Activities.--Funds reserved under subsection (a) shall be
used to carry out not fewer 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 concerning the State early
learning and developmental guidelines, where
applicable, including training concerning 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 and training, 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 childhood development experts and early
childhood education and care experts;
``(H) providing training corresponding to the
nutritional and physical activity needs of children to
promote healthy development;
``(I) providing training or professional
development for child care providers to serve and
support children with disabilities;
``(J) 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 learning and development; and
``(K) providing training or professional
development for child care providers regarding the
early neurological development of children.
``(2) Supporting the use of the early learning and
developmental guidelines described in section 658E(c)(2)(T)
by--
``(A) developing and implementing the State's early
learning and developmental guidelines; 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 childhood
education and care programs and communities to promote
parents' and families' understanding of the State's
early childhood education and care 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
help child care providers 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
as well as the ability to coordinate services 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) 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 providers in such workforce, and
improving the State credentialing of eligible providers
caring for infants and toddlers;
``(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 learning and developmental
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 health and safety, infant and
toddler development, or infant and toddler well-being,
including providing training (including training in
safe sleep practices, first aid, and cardiopulmonary
resuscitation).
``(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 2015, 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).
``(f) Construction.--Nothing in this section shall be construed as
providing the Secretary the authority to regulate, direct, 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
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
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) kidnaping;
``(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 2014, 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;
``(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 in 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, 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) 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 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 section.
``(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 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 of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858g) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by inserting a comma after ``publish'';
and
(ii) by striking ``and'' at the end;
(B) by striking paragraph (3) and inserting the
following:
``(3) provide technical assistance to States (which may
include providing assistance on a reimbursable basis),
consistent with (as appropriate) scientifically valid research,
to carry out this subchapter; and''; and
(C) 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 under this subchapter.''; and
(2) by adding at the end the following:
``(c) Prohibition.--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 that apply to the parents of eligible children.''.
(b) Requests for Relief.--Section 658I of the Child Care and
Development Block Grant Act of 1990, as amended by subsection (a), is
further amended by adding at the end the following:
``(d) Request for Relief.--
``(1) In general.--The State may submit to the Secretary a
request for relief from any provision of Federal law (including
a regulation, policy, or procedure) affecting the delivery of
child care services with Federal funds, other than this
subchapter, that conflicts with a requirement of this
subchapter.
``(2) Contents.--Such request shall--
``(A) detail the provision of Federal law that
conflicts with that requirement;
``(B) describe how modifying compliance with that
provision of Federal law to meet the requirements 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.
``(3) Consultation.--The Secretary shall consult with the
State submitting the request and the head of each Federal
agency (other than the Secretary) with responsibility for
administering the Federal law detailed in the State's request.
The consulting parties shall jointly identify--
``(A) any provision of Federal law (including a
regulation, policy, or procedure) for which a waiver is
necessary to enable the State to provide services in
accordance with the request; and
``(B) any corresponding waiver.
``(4) Waivers.--Notwithstanding any other provision of law,
and after the joint identification described in paragraph (3),
the head of the Federal agency involved shall have the
authority to waive any statutory provision administered by that
agency, or any regulation, policy, or procedure issued by that
agency, that has been so identified, unless the head of the
Federal agency determines that such a waiver is inconsistent
with the objectives of this subchapter or the Federal law from
which relief is sought.
``(5) Approval.--Within 90 days after the receipt of a
State's request under this subsection, the Secretary shall
inform the State of the Secretary's approval or disapproval of
the request. If the plan is disapproved, the Secretary shall
inform the State, in writing, of the reasons for the
disapproval and give the State the opportunity to amend the
request.
``(6) Duration.--The Secretary may approve a request under
this subsection for a period of not more than 3 years, and may
renew the approval for additional periods of not more than 3
years.
``(7) Termination.--The Secretary shall terminate approval
of a request for relief 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.''.
(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 inserting ``and'' at the end;
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)''.
(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''; 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 2014) not publicly available, or is not required by this
subchapter.''.
SEC. 9. RESERVATION FOR TOLL-FREE HOTLINE AND WEB SITE; PAYMENTS TO
BENEFIT INDIAN CHILDREN.
Section 658O of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858m) is amended--
(1) in subsection (a), 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).''; and
(2) in subsection (c)(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 provided to Indian
children.''.
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 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. 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; 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
appropriate committees of Congress--
(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. 12. CONFORMING AMENDMENT.
Section 319C-1(b)(2)(A)(vii) of the Public Health Service Act (42
U.S.C. 247d-3a(b)(2)(A)(vii)) is amended by inserting ``or
established'' after ``designated''.
Calendar No. 309
113th CONGRESS
2d Session
S. 1086
[Report No. 113-138]
_______________________________________________________________________
A BILL
To reauthorize and improve the Child Care and Development Block Grant
Act of 1990, and for other purposes.
_______________________________________________________________________
February 25, 2014
Reported with an amendment