[Congressional Record Volume 160, Number 40 (Tuesday, March 11, 2014)]
[Senate]
[Pages S1522-S1525]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2809. Mrs. BOXER (for herself and Mr. Burr) submitted an amendment 
intended to be proposed by her to the bill S. 1086, to reauthorize and 
improve the

[[Page S1523]]

Child Care and Development Block Grant Act of 1990, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SAFE CHILD CARE ACT.

       (a) Short Title.--This section may be cited as the ``Safe 
     Child Care Act of 2014''.
       (b) Background Checks.--Section 231 of the Crime Control 
     Act of 1990 (42 U.S.C. 13041) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``subsection (b)(3)'' and 
     inserting ``paragraph (3)''; and
       (B) by redesignating paragraph (2) as paragraph (4);
       (2) by moving paragraphs (2) and (3) of subsection (b) to 
     subsection (a), and inserting them after paragraph (1) of 
     that subsection;
       (3) in subsection (a)(3), as redesignated by paragraph (2) 
     of this subsection, by striking ``subsection (a)(1)'' and 
     inserting ``paragraph (1)'';
       (4) in subsection (b), by striking paragraph (1) and 
     inserting the following:
       ``(1) A background check required by subsection (a) shall 
     be initiated through the personnel programs of the applicable 
     Federal agencies.
       ``(2) A background check for a child care staff member 
     under subsection (a) shall include--
       ``(A) a search, including a fingerprint check, of the State 
     criminal registry or repository in--
       ``(i) the State where the child care staff member resides; 
     and
       ``(ii) each State where the child care staff member 
     previously resided during the longer of--
       ``(I) the 10-year period ending on the date on which the 
     background check is initiated; or
       ``(II) the period beginning on the date on which the child 
     care staff member attained 18 years of age and ending on the 
     date on which the background check is initiated;
       ``(B) a search of State-based child abuse and neglect 
     registries and databases in--
       ``(i) the State where the child care staff member resides; 
     and
       ``(ii) each State where the child care staff member 
     previously resided during the longer of--
       ``(I) the 10-year period ending on the date on which the 
     background check is initiated; or
       ``(II) the period beginning on the date on which the child 
     care staff member attained 18 years of age and ending on the 
     date on which the background check is initiated;
       ``(C) a search of the National Crime Information Center 
     database;
       ``(D) a Federal Bureau of Investigation fingerprint check 
     using the Integrated Automated Fingerprint Identification 
     System;
       ``(E) 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.); and
       ``(F) a search of the State sex offender registry 
     established under that Act in--
       ``(i) the State where the child care staff member resides; 
     and
       ``(ii) each State where the child care staff member 
     previously resided during the longer of--
       ``(I) the 10-year period ending on the date on which the 
     background check is initiated; or
       ``(II) the period beginning on the date on which the child 
     care staff member attained 18 years of age and ending on the 
     date on which the background check is initiated.
       ``(3) A child care staff member shall be ineligible for 
     employment by a child care provider if such individual--
       ``(A) refuses to consent to the background check described 
     in subsection (a);
       ``(B) makes a false statement in connection with such 
     background check;
       ``(C) is registered, or is required to be registered, on a 
     State sex offender registry or the National Sex Offender 
     Registry established under the Adam Walsh Child Protection 
     and Safety Act of 2006; or
       ``(D) has been convicted of a felony consisting of--
       ``(i) murder, as described in section 1111 of title 18, 
     United States Code;
       ``(ii) child abuse or neglect;
       ``(iii) a crime against children, including child 
     pornography;
       ``(iv) spousal abuse;
       ``(v) a crime involving rape or sexual assault;
       ``(vi) kidnapping;
       ``(vii) arson;
       ``(viii) physical assault or battery; or
       ``(ix) subject to paragraph (5)(D), a drug-related offense 
     committed during the preceding 5 years.
       ``(4)(A) A child care provider covered by paragraph (3) 
     shall submit a request, to the appropriate State agency 
     designated by a State, for a background check described in 
     subsection (a), for each child care staff member (including 
     prospective child care staff members) of the provider.
       ``(B) In the case of an individual who is hired as a child 
     care staff member before the date of enactment of the Safe 
     Child Care Act of 2014, the provider shall submit such a 
     request--
       ``(i) prior to the last day of the second full fiscal year 
     after that date of enactment; and
       ``(ii) not less often than once during each 5-year period 
     following the first submission date under this subparagraph 
     for that staff member.
       ``(C) 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--
       ``(i) prior to the date the individual becomes a child care 
     staff member of the provider; and
       ``(ii) not less often than once during each 5-year period 
     following the first submission date under this subparagraph 
     for that staff member.
       ``(5)(A) The State shall--
       ``(i) carry out the request of a child care provider for a 
     background check described in subsection (a) as expeditiously 
     as possible; and
       ``(ii) in accordance with subparagraph (B) of this 
     paragraph, provide the results of the background check to--
       ``(I) the child care provider; and
       ``(II) the current or prospective child care staff member 
     for whom the background check is conducted.
       ``(B)(i) The State shall provide the results of a 
     background check to a child care provider as required under 
     subparagraph (A)(ii)(I) in a statement that--
       ``(I) indicates whether the current or prospective child 
     care staff member for whom the background check is conducted 
     is eligible or ineligible for employment by a child care 
     provider; and
       ``(II) does not reveal any disqualifying crime or other 
     related information regarding the current or prospective 
     child care staff member.
       ``(ii) If a current or prospective child care staff member 
     is ineligible for employment by a child care provider due to 
     a background check described in subsection (a), the State 
     shall provide the results of the background check to the 
     current or prospective child care staff member as required 
     under subparagraph (A)(ii)(II) in a criminal background 
     report that includes information relating to each 
     disqualifying crime.
       ``(iii) A State--
       ``(I) may not publicly release or share the results of an 
     individual background check described in subsection (a); and
       ``(II) may include the results of background checks 
     described in subsection (a) in the development or 
     dissemination of local or statewide data relating to 
     background checks if the results are not individually 
     identifiable.
       ``(C)(i) 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 background check 
     required under subsection (a) to challenge the accuracy or 
     completeness of the information contained in the criminal 
     background report of the staff member.
       ``(ii) The State shall ensure that--
       ``(I) the appeals process is completed in a timely manner 
     for each child care staff member;
       ``(II) each child care staff member is given notice of the 
     opportunity to appeal; and
       ``(III) each child care staff member who wishes to 
     challenge the accuracy or completeness of the information in 
     the criminal background report of the child care staff member 
     is given instructions about how to complete the appeals 
     process.
       ``(D)(i) 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 paragraph (3)(D)(ix) is 
     eligible for employment by a child care provider, 
     notwithstanding paragraph (3).
       ``(ii) The review process under this subparagraph shall be 
     consistent with title VII of the Civil Rights Act of 1964 (42 
     U.S.C. 2000e et seq.).
       ``(E) Nothing in this section shall be construed to create 
     a private right of action against a child care provider if 
     the child care provider is in compliance with this section.
       ``(F) This section shall apply to each State that receives 
     funding under the Child Care and Development Block Grant Act 
     of 1990 (42 U.S.C. 9858 et seq.).
       ``(6) Fees that the State may charge for the costs of 
     conducting a background check as required by subsection (a) 
     shall not exceed the actual costs to the State for the 
     administration of such background checks.
       ``(7) Nothing in this subsection shall be construed to 
     prevent a Federal agency from disqualifying an individual as 
     a child care staff member based on a conviction of the 
     individual for a crime not specifically listed in this 
     subsection that bears upon the fitness of an individual to 
     provide care for and have responsibility for the safety and 
     well-being of children.
       ``(8) In this subsection--
       ``(A) the term `child care provider' means an agency of the 
     Federal Government, or a unit of or contractor with the 
     Federal Government that is operating a facility, described in 
     subsection (a); and
       ``(B) the term `child care staff member' means an 
     individual who is hired, or seeks to be hired, by a child 
     care provider to be involved with the provision of child care 
     services, as described in subsection (a).''; and
       (5) by striking subsection (c) and inserting the following:
       ``(c) Suspension Pending Disposition of Criminal Case.--In 
     the case of an incident in which an individual has been 
     charged with an offense described in subsection (b)(3)(D) and 
     the charge has not yet been disposed of, an employer may 
     suspend an employee from having any contact with children 
     while on the job until the case is resolved.''.

[[Page S1524]]

       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1 of the second full fiscal year 
     after the date of enactment of this Act.
                                 ______
                                 
  SA 2810. Mrs. BOXER (for herself and Mrs. Gillibrand) submitted an 
amendment intended to be proposed by her to the bill S. 1086, to 
reauthorize and improve the Child Care and Development Block Grant Act 
of 1990, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. RIGHT START CHILD CARE AND EDUCATION ACT OF 2014.

       (a) Short Title.--This section may be cited as the ``Right 
     Start Child Care and Education Act of 2014''.
       (b) Increase in Employer-provided Child Care Credit.--
       (1) Increase in creditable percentage of child care 
     expenditures.--Paragraph (1) of section 45F(a) of the 
     Internal Revenue Code of 1986 is amended by striking ``25 
     percent'' and inserting ``35 percent''.
       (2) Increase in creditable percentage of resource and 
     referral expenditures.--Paragraph (2) of section 45F(a) of 
     the Internal Revenue Code of 1986 is amended by striking ``10 
     percent'' and inserting ``20 percent''.
       (3) Increase in maximum credit.--Subsection (b) of section 
     45F of the Internal Revenue Code of 1986 is amended by 
     striking ``$150,000'' and inserting ``$225,000''.
       (4) Effective date.--The amendments made by this subsection 
     shall apply to taxable years beginning after December 31, 
     2014.
       (c) Increase in Dependent Care Credit.--
       (1) Increase in incomes eligible for full credit.--
     Paragraph (2) of section 21(a) of the Internal Revenue Code 
     of 1986 is amended by striking ``$15,000'' and inserting 
     ``$30,000''.
       (2) Increase in percentage of expenses allowable.--
     Paragraph (2) of section 21(a) of the Internal Revenue Code 
     of 1986 is amended--
       (A) by striking ``35 percent'' and inserting ``50 
     percent'', and
       (B) by striking ``20 percent'' and inserting ``35 
     percent''.
       (3) Increase in dollar limit on amount creditable.--
     Subsection (c) of section 21 of the Internal Revenue Code of 
     1986 is amended--
       (A) by striking ``$3,000'' in paragraph (1) and inserting 
     ``$6,000'', and
       (B) by striking ``$6,000'' in paragraph (2) and inserting 
     ``$12,000''.
       (4) Credit to be refundable.--
       (A) In general.--The Internal Revenue Code of 1986 is 
     amended--
       (i) by redesignating section 21 as section 36D, and
       (ii) by moving section 36D, as so redesignated, from 
     subpart A of part IV of subchapter A of chapter 1 to the 
     location immediately before section 37 in subpart C of part 
     IV of subchapter A of chapter 1.
       (B) Technical amendments.--
       (i) Paragraph (1) of section 36D(a) of such Code (as 
     redesignated by subparagraph (A)) is amended by striking 
     ``this chapter'' and inserting ``this subtitle''.
       (ii) Paragraph (6) of section 35(g) of such Code is amended 
     by striking ``21(e)'' and inserting ``36D(e)''.
       (iii) Paragraph (1) of section 36C(f) of such Code is 
     amended by striking ``21(e)'' and inserting ``36D(e)''.
       (iv) Subparagraph (C) of section 129(a)(2) of such Code is 
     amended by striking ``section 21(e)'' and inserting ``section 
     36D(e)''.
       (v) Paragraph (2) of section 129(b) of such Code is amended 
     by striking ``section 21(d)(2)'' and inserting ``section 
     36D(d)(2)''.
       (vi) Paragraph (1) of section 129(e) of such Code is 
     amended by striking ``section 21(b)(2)'' and inserting 
     ``section 36D(b)(2)''.
       (vii) Subsection (e) of section 213 of such Code is amended 
     by striking ``section 21'' and inserting ``section 36D''.
       (viii) Subparagraph (H) of section 6213(g)(2) of such Code 
     is amended by striking ``section 21'' and inserting ``section 
     36D''.
       (ix) Subparagraph (L) of section 6213(g)(2) of such Code is 
     amended by striking ``section 21, 24, 32,'' and inserting 
     ``section 24, 32, 36D,''.
       (x) Paragraph (2) of section 1324(b) of title 31, United 
     States Code, is amended by inserting ``36D,'' after ``36C,''.
       (xi) The table of sections for subpart C of part IV of 
     subchapter A of chapter 1 of the Internal Revenue Code of 
     1986 is amended by inserting after the item relating to 
     section 36C and inserting the following:

``Sec. 36D. Expenses for household and dependent care services 
              necessary for gainful employment.''.

       (xii) The table of sections for subpart A of such part IV 
     is amended by striking the item relating to section 21.
       (5) Effective date.--The amendments made by this subsection 
     shall apply to taxable years beginning after December 31, 
     2014.
       (d) 3-year Credit for Individuals Holding Child Care-
     related Degrees Who Work in Licensed Child Care Facilities.--
       (1) In general.--Subpart A of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     inserting after section 25D the following new section:

     ``SEC. 25E. RIGHT START CHILD CARE AND EDUCATION CREDIT.

       ``(a) Allowance of Credit.--In the case of an individual 
     who is an eligible child care provider for the taxable year, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year the amount of $2,000.
       ``(b) 3-Year Credit.--
       ``(1) In general.--The credit allowable by subsection (a) 
     for any taxable year to an individual shall be allowed for 
     such year only if the individual elects the application of 
     this section for such year.
       ``(2) Election.--An election to have this section apply may 
     not be made by an individual for any taxable year if such an 
     election by such individual is in effect for any 3 prior 
     taxable years.
       ``(c) Eligible Child Care Provider.--For purposes of this 
     section--
       ``(1) In general.--The term `eligible child care provider' 
     means, for any taxable year, any individual if--
       ``(A) as of the close of such taxable year, such individual 
     holds a bachelor's degree in early childhood education, child 
     care, or a related degree and such degree was awarded by an 
     eligible educational institution (as defined in section 
     25A(f)(2)), and
       ``(B) during such taxable year, such individual performs at 
     least 1,200 hours of child care services at a facility if--
       ``(i) the principal use of the facility is to provide child 
     care services,
       ``(ii) no more than 25 percent of the children receiving 
     child care services at the facility are children (as defined 
     in section 152(f)) of the individual or such individual's 
     spouse, and
       ``(iii) the facility meets the requirements of all 
     applicable laws and regulations of the State or local 
     government in which it is located, including the licensing of 
     the facility as a child care facility.

     Subparagraph (B)(i) shall not apply to a facility which is 
     the principal residence (within the meaning of section 121) 
     of the operator of the facility.
       ``(2) Child care services.--The term `child care services' 
     means child care and early childhood education.''.
       (2) Clerical amendment.--The table of sections for such 
     subpart A is amended by inserting after the item relating to 
     section 25D the following new item:

``Sec. 25E. Right Start Child Care and Education Credit.''.

       (3) Effective date.--The amendments made by this subsection 
     shall apply to taxable years beginning after December 31, 
     2014.
       (e) Increase in Exclusion for Employer-provided Dependent 
     Care Assistance.--
       (1) In general.--Subparagraph (A) of section 129(a)(2) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``$5,000 ($2,500'' and inserting ``$7,500 ($3,750''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to taxable years beginning after December 31, 
     2014.
                                 ______
                                 
  SA 2811. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the bill S. 1086, to reauthorize and improve the Child Care and 
Development Block Grant Act of 1990, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 88, line 8, insert ``, such as rural and remote 
     areas'' after ``underserved areas''.
                                 ______
                                 
  SA 2812. Mr. ENZI submitted an amendment intended to be proposed by 
him to the bill S. 1086, to reauthorize and improve the Child Care and 
Development Block Grant Act of 1990, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REVIEW OF FEDERAL EARLY LEARNING AND CARE PROGRAMS.

       (a) In General.--The Secretary of Health and Human 
     Services, in conjunction with the Secretary of Education, 
     shall conduct an interdepartmental review of all early 
     learning and care programs in order to--
       (1) develop a plan for the elimination of duplicative and 
     overlapping programs, as identified by the Government 
     Accountability Office's 2012 annual report (GAO-12-342SP); 
     and
       (2) make recommendations to Congress for streamlining all 
     such programs.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services, in consultation with the Secretary of Education and 
     the heads of all Federal agencies that administer Federal 
     early learning and care programs, shall submit to the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate and the Committee on Education and the Workforce of 
     the House of Representatives, a detailed report that outlines 
     the efficiencies that can be achieved by, as well as specific 
     recommendations for, eliminating duplication, overlap, and 
     fragmentation among all Federal early learning and care 
     programs.
                                 ______
                                 
  SA 2813. Ms. LANDRIEU (for herself, Mr. Grassley, and Mr. Inhofe) 
submitted an amendment intended to be proposed by her to the bill S. 
1086, to reauthorize and improve the Child Care and Development Block 
Grant Act of 1990, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 82, lines 9 and 10, strike ``to receive services 
     under this subchapter while

[[Page S1525]]

     their families'' and insert ``and children in foster care to 
     receive services under this subchapter while their families 
     (including foster families)''.
                                 ______
                                 
  SA 2814. Ms. LANDRIEU (for herself, Mr. Blunt, and Mr. Inhofe) 
submitted an amendment intended to be proposed by her to the bill S. 
1086, to reauthorize and improve the Child Care and Development Block 
Grant Act of 1990, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 93, strike lines 3 and 4 and insert the following:

     11432(g)(1)(J)(ii));
       ``(VII) State agencies and programs serving children in 
     foster care and the foster families of such children; and
       ``(VIII) other Federal programs

                                 ______
                                 
  SA 2815. Ms. LANDRIEU (for herself and Mr. Inhofe) submitted an 
amendment intended to be proposed by her to the bill S. 1086, to 
reauthorize and improve the Child Care and Development Block Grant Act 
of 1990, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 98, strike line 15 and insert the following:

     view.

       ``(U) Children in foster care.--The plan shall include an 
     assurance that and describe how the State will develop and 
     implement strategies to increase the supply and improve the 
     quality of child care provided under this subchapter for 
     children in foster care with foster families who, 
     notwithstanding section 658P, may or may not have a family 
     income that exceeds 85 percent of the State median income for 
     a family of the same size.'';
                                 ______
                                 
  SA 2816. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 1086, to reauthorize and improve the Child Care 
and Development Block Grant Act of 1990, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 79, strike lines 18 through 22 and insert the 
     following:

       ``(I) which may include the acquisition of course credit in 
     postsecondary education or of a credential, aligned with the 
     framework;
       ``(II) which, notwithstanding clause (v), shall require 
     each child care provider described in clause (i) to ensure 
     that, not later than September 30, 2021--

       ``(aa) each child care staff member providing direct 
     services to children who was hired before that date has 
     earned a degree, which may be an associate's degree or a 
     baccalaureate degree, in early childhood education or a 
     closely related field; and
       ``(bb) on and after that date, the child care provider will 
     hire only individuals who have earned that degree as staff 
     members described in item (aa); and

       ``(III) which shall be accessible

                                 ______
                                 
  SA 2817. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 1086, to reauthorize and improve the Child Care 
and Development Block Grant Act of 1990, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 136, strike line 15 and insert the following:
     658L(b).
       ``(4) Evaluation.--
       ``(A) Reservation.--The Secretary shall reserve not more 
     than 1 percent of the amount appropriated under this 
     subchapter for each fiscal year, to conduct the evaluation 
     described in subparagraph (B).
       ``(B) Quality and effectiveness evaluation.--The Secretary 
     shall evaluate the quality and effectiveness of activities 
     carried out under this subchapter, using scientifically valid 
     research methodologies, in order to increase the 
     understanding of State and local program administrators 
     concerning the practices and strategies most likely to 
     produce positive outcomes. The Secretary shall disseminate 
     the key findings of the evaluation widely and promptly.''; 
     and
                                 ______
                                 
  SA 2818. Ms. LANDRIEU (for herself and Ms. Mikulski) submitted an 
amendment intended to be proposed by her to the bill S. 1086, to 
reauthorize and improve the Child Care and Development Block Grant Act 
of 1990, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 98, strike line 15 and insert the following:

     view.

       ``(U) Disaster preparedness.--
       ``(i) In general.--The plan shall demonstrate the manner in 
     which the State will address the needs of children in child 
     care services provided through programs authorized under this 
     subchapter, including the need for safe child care, during 
     the period before, during, and after a state of emergency 
     declared by the Governor or a major disaster or emergency (as 
     such terms are defined in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122)).
       ``(ii) Statewide child care disaster plan.--Such plan shall 
     include a statewide child care disaster plan for coordination 
     of activities and collaboration, in the event of an emergency 
     or disaster described in clause (i), among the State agency 
     with jurisdiction over human services, the agency with 
     jurisdiction over State emergency planning, the State lead 
     agency, the State agency with jurisdiction over licensing of 
     child care providers, the local resource and referral 
     organizations, the State resource and referral system, and 
     the State Advisory Council on Early Childhood Education and 
     Care as provided for under section 642B(b) of the Head Start 
     Act (42 U.S.C. 9837b(b)).
       ``(iii) Disaster plan components.--The components of the 
     disaster plan, for such an emergency or disaster, shall 
     include--

       ``(I) guidelines for the continuation of child care 
     services in the period following the emergency or disaster, 
     including the provision of emergency and temporary child care 
     services, and temporary operating standards for child care 
     providers during that period;
       ``(II) evacuation, relocation, shelter-in-place, and lock-
     down procedures, and procedures for communication and 
     reunification with families, continuity of operations, and 
     accommodation of infants and toddlers, children with 
     disabilities, and children with chronic medical conditions; 
     and
       ``(III) procedures for staff and volunteer training and 
     practice drills.''.

                                 ______
                                 
  SA 2819. Mr. SCOTT submitted an amendment intended to be proposed by 
him to the bill S. 1086, to reauthorize and improve the Child Care and 
Development Block Grant Act of 1990, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 140, between lines 2 and 3, insert the following:

     SEC. 10A. PARENTAL RIGHTS AND RESPONSIBILITIES.

       Section 658Q of the Child Care and Development Block Grant 
     Act of 1990 (42 U.S.C. 9858o) is amended--
       (1) by inserting before ``Nothing'' the following:
       ``(a) In General.--''; and
       (2) by adding at the end the following:
       ``(b) Parental Rights to Use Child Care Certificates.--
     Nothing in this subchapter shall be construed or applied in 
     any manner--
       ``(1) that would favor or promote the use of grants and 
     contracts over the use of child care certificates; or
       ``(2) that would disfavor or discourage the use of such 
     certificates for the purchase of child care services, 
     including those services provided by private or nonprofit 
     entities, such as faith-based providers.''.

                          ____________________