[Congressional Record Volume 160, Number 42 (Thursday, March 13, 2014)]
[Senate]
[Pages S1613-S1627]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          LEGISLATIVE SESSION

                                 ______
                                 

     CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 2014--Continued

  The PRESIDING OFFICER. The Senate will resume legislative session.
  The Senator from Louisiana.


                    Amendment No. 2845, as Modified

  Mr. VITTER. Madam President, I call up my amendment No. 2845 and ask 
that it be modified with the changes at the desk.
  The PRESIDING OFFICER. Without objection, the pending amendment is 
set aside.
  The clerk will report the amendment, as modified.
  The assistant legislative clerk read as follows:

       The Senator from Louisiana [Mr. Vitter] proposes an 
     amendment numbered 2845, as modified.

  Mr. VITTER. Madam President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

   (Purpose: To require the Secretary (acting through the Assistant 
 Secretary for Children and Families) to prepare an annual report that 
  contains a determination about whether States have complied with a 
 priority requirement, and to require the Secretary to withhold funds 
    from States that fail to comply with such priority requirement)

       On page 99, strike line 19 and insert the following:
       ``(ii) Report by assistant secretary for children and 
     families.--

       ``(I) In general.--Not later than September 30 of the first 
     full fiscal year after the date of enactment of the Child 
     Care and Development Block Grant Act of 2014, and September 
     30 of each fiscal year thereafter, the Secretary (acting 
     through the Assistant Secretary for Children and Families of 
     the Department of Health and Human Services) shall prepare a 
     report that contains a determination about whether each State 
     uses amounts provided to such State for the fiscal year 
     involved under this subchapter in accordance with the 
     priority for services described in clause (i).
       ``(II) Penalty for noncompliance.--For any fiscal year that 
     the report of the Secretary described in subclause (I) 
     indicates that a State has failed to give priority for 
     services in accordance with clause (i), the Secretary shall--

       ``(aa) inform the State that the State has until the date 
     that is 6 months after the Secretary has issued such report 
     to fully comply with clause (i);
       ``(bb) provide the State an opportunity to modify the State 
     plan of such State, to make the plan consistent with the 
     requirements of clause (i), and resubmit such State plan to 
     the Secretary not later than the date described in item (aa); 
     and
       ``(cc) if the State does not fully comply with clause (i) 
     and item (bb), by the date described in item (aa), withhold 5 
     percent of the funds that would otherwise be allocated to 
     that State in accordance with this subchapter for the first 
     full fiscal year after that date.
       ``(III) Waiver for extraordinary circumstances.--
     Notwithstanding subclause (II) the Secretary may grant a 
     waiver to a State for one year to the penalty applied in 
     subclause (II) if the Secretary determines there are 
     extraordinary circumstances, such as a natural disaster, that 
     prevent the state from complying with clause (I). If the 
     Secretary does grant a waiver to a state under this section, 
     the Secretary shall, within 30 days of granting such waiver, 
     submit a report to the appropriate congressional committees 
     on the circumstances of the waiver including the stated 
     reason from the State on the need for a waiver, the expected 
     impact of the waiver on children served under this program, 
     and any such other relevant information the Secretary deems 
     necessary.
       ``(iii) Child care resource and referral system.--''

  Mr. VITTER. Madam President, I will briefly summarize this amendment, 
but I first want to thank the chairman and ranking member of the 
committee for working through this amendment and agreeing to what I 
think will be a quick consideration and adoption by voice vote.
  This amendment is very simple, straightforward, but important. 
Present law with regard to child care and development block grants--
present Federal law--says that States should and must prioritize for 
two categories of children: low-income kids and children with special 
needs. I think we all agree with that prioritization. The problem is, 
as recent reports have indicated, about half of all the States--23 to 
be exact--do not do that. They just basically ignore that Federal law.
  This simple, straightforward amendment would bring accountability to 
the system and make sure all States follow present Federal law and give 
that appropriate priority treatment to children with special needs as 
well as low-income kids. It would do this by saying that there is going 
to be some accountability; that the Federal Department involved in the 
program already will annually make sure States follow this aspect of 
present law and that if a State is not doing that, it gets 6 months to 
cure the problem, but if it does not cure that within 6 months, then 
that State would feel the pinch by having 5 percent of its block grant 
funds withheld until it corrects the situation.
  The amendment also gives the Secretary waiver authority for 
extraordinary circumstances, such as natural disasters and other 
emergencies.
  Again, I appreciate the chairman and ranking member working out this 
provision. I do think it is important that all States follow Federal 
law, and we give these children--special needs children, low-income 
children--the priority treatment they deserve.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. HARKIN. Madam President, the amendment has the admirable goal of 
prioritizing funds to low-income families who have children with 
disabilities. I applaud Senator Vitter's efforts and hope this provides 
significant reinforcement of what has been the law since 1996--that 
States must prioritize children from very low-income families

[[Page S1614]]

who have children with disabilities. This amendment reinforces that by 
saying the Department of Health and Human Services must meet that 
promise. There is a provision in there that gives them adequate time to 
make sure they do that.
  Again, I thank the Senator from Louisiana for working with us. As I 
said when this amendment first came up, yes, as someone who has worked 
on disability issues for most of my adult life, I agreed with exactly 
what he wanted to do; there were just some language problems. That is 
the way we get legislation done around here--we work things out and we 
find the middle ground on which everybody can agree. I thank the 
Senator from Louisiana for his willingness to work this out. We support 
the amendment.
  The PRESIDING OFFICER. The Senator from North Carolina.
  Mr. BURR. Madam President, I also want to thank my colleague from 
Louisiana and the chairman of the committee for working out this 
amendment.
  Madam President, I know of no further debate on this amendment, and I 
would ask us to proceed to a vote on the amendment.
  The PRESIDING OFFICER. Is there further debate?
  If not, the question is on agreeing to the amendment, as modified.
  The amendment (No. 2845), as modified, was agreed to.
  Mr. HARKIN. I move to reconsider the vote, and I move to lay that 
motion on the table.
  The motion to lay on the table was agreed to.


                              Section 8(B)

  Ms. MIKULSKI. Madam President, I want to first and foremost express 
my thanks to the chairman, and his colleagues, for this bipartisan 
bill--a long overdue effort that clearly is the result of a 
painstaking, patient effort by the committee to reauthorize the Child 
Care and Development Block Grant.
  I wanted to discuss very quickly one provision, section 8(b), that I 
feel needs additional clarification.
  Given that the overall priority of all of us to increase quality 
while ensuring that States can effectively navigate the federal 
standards--while maintaining their authority to set their own 
standards--would the Senator agree that the intent of this law is not 
to rewrite other existing Federal laws or evade requirements of other 
Federal laws that might diminish services for children?
  Mr. HARKIN. Yes, I would agree. As our committee report explains, it 
is intended that ``States exercise this provision in an attempt to 
maximize the effective administration and delivery of Federally 
subsidized childcare, and not for purposes that have a minor effect on 
childcare.''
  I firmly believe, and I know my colleagues will agree, that this 
provision is not intended, nor should it be interpreted, as one that 
can be used to rewrite any other current laws, evade central provisions 
of other current laws, or undermine the goals and purposes of other 
laws. Certainly, it is not our intent to allow States to change, 
undermine or threaten in any way current laws.
  Ms. MIKULSKI. I thank the chairman.


                             HHS Rulemaking

  Mr. BURR. Madam President, I have a question for my friend from Iowa, 
the chairman of the Committee on Health, Education, Labor, and 
Pensions. The Department of Health and Human Services, HHS, in May 2013 
issued a notice of proposed rulemaking to the Child Care and 
Development Fund, CCDF, that would make several health and safety, 
quality, background checks, and other related changes. That NPRM is 
currently in the comment period and has yet to be finalized.
  Am I correct in my understanding that HHS has shared with you, as 
well as with me, their interpretation that, should S. 1086, the Child 
Care Development Block Grant Reauthorization which we are considering 
in the Senate today along with any subsequent changes through the 
legislative process, become law, the proposed rulemaking for the CCDF 
would be overridden by S. 1086?
  Mr. HARKIN. The Senator from North Carolina is correct that HHS has 
shared with me that S. 1086, and any further congressional changes made 
to S. 1086, would override the May 2013 notice of proposed rulemaking 
to the CCDF.
  Mr. BURR. I thank the distinguished chairman for this important 
clarification and for his hard work in developing this important 
legislation.
  Mr. INHOFE. Madam President, with 20 kids and grandkids, I understand 
the importance and value of quality, affordable childcare. I applaud 
those individuals seeking to attain further education and training in 
order to improve their situations, and the Child Care and Development 
Block Grant Program assists them in that pursuit.
  The Child Care and Development Block Grant Program has been in place 
since 1990, and as a part of welfare reform in 1996, three other 
childcare initiatives were consolidated into this program, which 
provides formula-based block grant funding to States to subsidize 
childcare and emphasizes work, personal responsibility and parental 
choice. In my State of Oklahoma, 17,000 families and 28,000 children 
benefit directly from these funds.
  This legislation not only reauthorizes the program for another 5 
years, but it also does not add to the deficit and makes some important 
reforms, while preserving State flexibility in how the funds are used. 
S. 1086 adds new safety and health standards, calls for annual, 
unannounced onsite monitoring of licensed providers, requires 
background checks of childcare staff and providers and expands 
compliance with child abuse reporting requirements. Additionally, the 
Senate adopted 18 amendments, which I also supported, including 
Amendment 2822, which sets aside at least 2 percent of a State's CCDBG 
funds for Indian tribes and tribal organizations--of significance for 
Oklahoma. I also co-sponsored two adopted amendments: Amendment 2813, 
which extends a grace period to foster youth so that they can begin 
receiving CCDBG services while families compile medical documentation; 
and Amendment 2814, which requires States to have a plan in place to 
coordinate existing services and programs for children in foster care. 
I support S. 1086 and am encouraged by the example of regular order 
restored to Senate business.
  Mr. LEVIN. Madam President, Americans believe in the power of hard 
work as the key to getting ahead, the key to prosperity, the key to a 
better future. We also believe in the importance of family, and in the 
responsibility we all share for making sure that America's children are 
cared for and protected.
  The legislation before us today furthers both these values the value 
of hard work and the value of family. It would update and modernize a 
program that for two decades has helped families pursue rewarding 
employment or important education and training while obtaining 
essential care for their children. It is bipartisan legislation, 
unanimously approved in committee, with support from a broad range of 
education and child advocacy groups.
  For all working parents, but particularly for low-income families, 
the demands of work and parenting are enormous challenges. Quality 
childcare can be hard to find and expensive so expensive that, for many 
families, the cost all but wipes out their paycheck. The Child Care and 
Development Block Grant Program is designed to help families meet this 
challenge. The program provides block grants to States so they can 
provide financial assistance to families coping with childcare 
expenses. Nationwide, more than 1.5 million children receive care 
through these grants. In Michigan, these grants helped more than 50,000 
children receive the care they needed in Fiscal Year 2013.
  The legislation Senators Harkin and Alexander have brought to the 
floor reauthorizes the block grant program so this important assistance 
can continue. The bill also makes important improvements. It requires 
States to establish education and training requirements for childcare 
workers, and ensures that States will inspect childcare facilities 
before they are granted licenses, and at least once a year thereafter. 
These requirements will improve our ability to ensure that children are 
cared for in a safe and secure environment. The bill makes important 
changes to improve care for children with special needs. It makes 
changes to eligibility requirements to make assistance more stable and 
dependable for families.

[[Page S1615]]

  More than 30 national education, child-advocacy, parenting and 
violence prevention advocacy groups have endorsed this legislation, 
strongly supporting the reauthorization of the grant program and the 
changes to make the program more modern and effective. These groups 
also point out that in addition to authorization, programs require 
appropriations to be successful. Childcare is one of many important 
domestic priorities that Congress could more effectively address if we 
are willing to reach a balanced deficit reduction agreement that 
eliminates sequestration and provides needed funding. I remain hopeful 
we can reach such an agreement.
  I wish to thank Senator Harkin, chairman of the HELP Committee, and 
Senator Alexander, Ranking Member of the HELP Committee, as well as 
Senators Mikulski, Burr, Gillibrand, and Ayotte for sponsoring this 
important legislation. I support its passage and I encourage my 
colleagues to do the same.
  Mrs. HAGAN. Madam President, I wish to speak today in support of the 
Child Care and Development Block Grant Act of 2014.
  First, I applaud the hard work of my colleagues on the Senate Health, 
Education, Labor, and Pensions Committee--Chairman Tom Harkin and 
Ranking Member Lamar Alexander.
  I also commend Senator Barbara Mikulski, my predecessor as chairman 
of the Subcommittee on Children and Families, and Senator Richard Burr 
for their commitment to improving the lives of children and their 
families as the sponsors of this important legislation.
  We can all agree that supporting our children should be a priority of 
the utmost importance, and I am proud of the bipartisan work done by my 
colleagues toward that end.
  The childcare and development block grant is an invaluable program 
that provides assistance to low-income working families. In North 
Carolina 78,000 children are served every month by CCDBG funding. These 
children and families deserve high quality childcare so that parents, 
like the ones I hear from in my State every day, can go to work with 
the knowledge that their children are safe and receiving high quality 
care.
  Last year, I visited Elm Street Day Care Center in Greensboro, NC, 
where I saw the importance of childcare, and development block grant 
funding firsthand. I saw how this program is helping working families 
in North Carolina and noted ways we could update this law to make it to 
work better and more efficiently.
  I am pleased this bill takes a significant step toward providing more 
information to parents about their children's care and encourages 
States to follow North Carolina's lead and increase the quality of 
childcare centers.
  Currently, States must spend at least 4 percent of their Federal 
childcare funds on improving the quality of childcare--including 
providing professional development for childcare providers, licensing 
and monitoring childcare facilities, and providing consumer education, 
so that parents have the information they need to make informed 
choices.
  This reauthorization raises the minimum amount to be spent on quality 
improvements to 10 percent by 2020. As a result, we can help to ensure 
that children in all 50 States are receiving quality care by passing 
this legislation.
  I am also particularly pleased to support this bill because it 
includes key provisions of the Child Care Infant Mortality Prevention 
Act, which I introduced with Senators Dianne Feinstein and Susan 
Collins in September.
  These provisions will allow for the use of Federal funds to train 
childcare providers in sleep practices, first aid, and CPR for infants.
  According to the Centers for Disease Control and the American Academy 
of Pediatrics, safe sleep practices can reduce by one-half the annual 
number of cases of Sudden Unexpected Infant Death Syndrome--a tragedy 
that touches approximately 100 families in North Carolina each year.
  Roughly 20 percent of all cases of Sudden Unexpected Infant Death 
Syndrome occur in child care settings, and--with this provision--we can 
provide child care providers with the resources they need to prevent 
these unnecessary tragedies.
  I urge my colleagues to join me in supporting the Child Care and 
Development Block Grant Act.
  Mr. REED. Madam President, I am pleased to support the Child Care and 
Development Block Grant Act of 2014, and would like to commend the 
bipartisan work of Senators Mikulski and Burr and Chairman Harkin and 
Ranking Member Alexander of the Health, Education, Labor, and Pensions 
Committee in bringing this important legislation to the floor. There 
have been several previous attempts to reauthorize this critical 
program in the past, including when I was a member of this committee. 
It is my hope we can come together and finally carry this important 
legislation across the finish line to the benefit of children and 
families across the country.
  Access to affordable, high quality, safe and secure childcare is 
essential for working families. Yet, such care is very hard to find. 
According to a 2013 Child Care Aware survey, the cost of full-time, 
center-based care for two children is the highest single household 
expense in the Northeast, Midwest and South. This high cost often puts 
fully licensed programs out of reach for low-incomes families.
  The child care and development block grant has not been reauthorized 
since 1996. At that time, the primary focus of the program was to 
enable people to move from welfare to work. Today, knowing the critical 
importance of early brain development and the role early education 
plays in school readiness and successful outcomes for young people, we 
must work to achieve the dual goals of CCDBG to ensure affordable and 
quality childcare options for children and families. And we cannot 
achieve these goals without addressing the issue of payment rates, the 
level at which states reimburse childcare providers who care for low-
income children who receive a child care subsidy.
  That is why during previous attempts to reauthorize the child care 
and development block grant during the 107th, 108th and 109th 
Congresses, I introduced the Child Care Quality Incentive Act to 
provide incentives to States to set equitable payment rates so that 
low-income families would have access to affordable and high quality 
care for their children. I am pleased that the bill before us today 
includes some of the key provisions of my legislation, such as 
requiring States to conduct a statistically valid and reliable survey 
of market rates for childcare, report the results of the survey 
publicly, and set the rates based on the survey results, taking into 
consideration the cost of providing higher quality care. Raising the 
payment rates for childcare is an integral component to improving 
quality.
  The other essential element to improving quality and affordability is 
our investment in childcare and early education programs. According the 
Congressional Research Service, seven percent fewer children were 
served in fiscal year 2012 than had been served in fiscal year 2011. 
According to Kids Count Rhode Island, since peaking in 2003, the number 
of childcare subsidies in the State has decreased by 45 percent. The 
$154 million increase for childcare that we included in the fiscal year 
2014 Consolidated Appropriations Act was a step in the right direction. 
Clearly, we need to do more.
  I look forward to working with my colleagues to advance this 
legislation to expand our support for working families, and ensure that 
all children have the quality of education and care to reach their full 
potential.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. HARKIN. Madam President, for the information of Senators, we are 
now down to two voice votes on two pending amendments that have been 
cleared. We will then have a rollcall vote on final passage. I am 
hopeful that is going to happen within a very short period of time. In 
maybe 5 minutes or 10 minutes, I hope we will be ready for a final vote 
on this bill.
  With that, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. HARKIN. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page S1616]]

                     Amendments Nos. 2847 and 2846

  Mr. HARKIN. Madam President, we have no further debate on the two 
pending amendments--Portman No. 2847 and Sanders No. 2846--and the 
substitute. I know of--Madam President, I was misinformed. I thought 
those amendments had already been called up.
  Madam President, I would like to call up in order Portman amendment 
No. 2847 and Sanders amendment No. 2846 and ask for their immediate 
consideration.
  The PRESIDING OFFICER. Without objection, the clerk will report.
  The legislative clerk read as follows:

       The Senator from Iowa [Mr. Harkin] proposes, en bloc, for 
     Mr. Portman, an amendment numbered 2847, and for Mr. Sanders 
     an amendment numbered 2846.

  The amendments are as follows:


                           amendment no. 2847

   (Purpose: To provide that a child care staff member who has been 
  convicted of a violent misdemeanor against a child or a misdemeanor 
  involving child pornography is ineligible for employment by certain 
                         child care providers)

       On page 120, strike line 12 and insert the following:
       preceding 5 years; or
       ``(E) has been convicted of a violent misdemeanor committed 
     as an adult against a child, including the following crimes: 
     child abuse, child endangerment, sexual assault, or of a 
     misdemeanor involving child pornography.


                           AMENDMENT NO. 2846

(Purpose: To express the sense of the Senate on significantly reducing 
                  child poverty by calendar year 2019)

       On page 141, insert at the end the following:

     SEC. 13. SENSE OF THE SENATE ON SIGNIFICANTLY REDUCING CHILD 
                   POVERTY BY CALENDAR YEAR 2019.

       (a) Findings.--The Senate finds that--
       (1) the United States has the highest rate of childhood 
     poverty among 34 major countries in the Organisation for 
     Economic Cooperation and Development, including Denmark, 
     Finland, Norway, Iceland, Cyprus, Austria, Sweden, the Czech 
     Republic, Germany, Slovenia, Hungary, South Korea, the United 
     Kingdom, Switzerland, the Netherlands, Ireland, France, 
     Malta, Luxembourg, Slovakia, Estonia, Belgium, New Zealand, 
     Poland, Canada, Australia, Japan, Portugal, Greece, Italy, 
     Lithuania, Latvia, Spain, and Bulgaria;
       (2) a record-breaking 46,496,000 individuals lived in 
     poverty in the United States in 2012, which is an increase of 
     14,915,000 individuals since 2000;
       (3) 16,073,000 children in the United States lived in 
     poverty in 2012, which is an increase of 4,486,000 children 
     since 2000;
       (4) more than 7,100,000 children in the United States, 40 
     percent of children living in poverty in the United States, 
     live in extreme poverty (defined as living in families with 
     an income that is less than half of the poverty level);
       (5) nearly 1,200,000 public school students in the United 
     States were homeless in the 2011-2012 school year, an 
     increase of 73 percent since the 2006-2007 school year;
       (6) in an average month in fiscal year 2011, 1,200,000 
     households with children in the United States did not have 
     any cash income and, for food, depended only on benefits 
     under the supplemental nutrition assistance program 
     established under the Food and Nutrition Act of 2008 (7 
     U.S.C. 2011 et seq.);
       (7) in 2012, government assistance programs removed from 
     poverty 9,000,000 children, including 5,300,000 children 
     through the earned income tax credit under section 32 of the 
     Internal Revenue Code of 1986 and the child tax credit under 
     section 24 of the Internal Revenue Code of 1986, and 
     2,200,000 children through the supplemental nutrition 
     assistance program established under the Food and Nutrition 
     Act of 2008 (7 U.S.C. 2011 et seq.);
       (8) in 2012, child poverty would have been 57 percent 
     higher, and extreme poverty would have been 240 percent 
     higher, without government tax credits and food, housing, and 
     energy benefits;
       (9) in 2013, an individual working full-time at the Federal 
     minimum wage could not afford the fair market rent for a 2-
     bedroom rental unit and have enough money for food, 
     utilities, and other necessities;
       (10) in school years 2009-2010 and 2010-2011, less than 
     half of children ages 3 and 4 were enrolled in preschool;
       (11) Early Head Start programs carried out under the Head 
     Start Act (42 U.S.C. 9831 et seq.) served only 4 percent of 
     the 2,900,000 eligible poor infants and toddlers each day in 
     fiscal year 2012, and Head Start programs carried out under 
     such Act served only 41 percent of the 2,000,000 eligible 
     poor children ages 3 and 4;
       (12) more than 220,000 children are on waiting lists for 
     child care assistance; and
       (13) child poverty costs the United States not less than 
     $500,000,000 each year in additional education, health, and 
     criminal justice costs and in lost productivity.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the President should immediately present to Congress a 
     comprehensive plan to significantly reduce child poverty in 
     the United States by calendar year 2019.

  Mr. HARKIN. Madam President, as I said, I know of no further debate 
on those amendments. We are ready to vote.
  The PRESIDING OFFICER. The Senator from Maryland.
  Ms. MIKULSKI. Madam President, if the Senator will yield, as we close 
into the final minutes of this bill, I just want to say that today will 
be a great victory for America's children because we will pass the 
child care and development block grant. I think it is a great victory 
for the Senate to show that we could govern ourselves with an open 
amendment process. We could do it diligently, we could do it 
deliberatively, and we could do it with courtesy and civility. This is 
the way the Senate should be. Within 2 days we have arrived at a great 
bill, with cooperation and civility on both sides of the aisle. I hope 
this becomes a model for the way the Senate will conduct itself for the 
rest of the session.
  I have been very proud to be part of this bill. I thank Senator 
Richard Burr of North Carolina, my Republican counterpart on the 
children's committee, with all of the due diligence we did for a year 
and a half. I also thank Senator Lamar Alexander for his steadfast 
leadership and input, and of course I thank Tom Harkin, our leader, 
who, as he wraps up his Senate career, will never wrap up his advocacy 
for America's children.
  I thank all of our staff for the great work they did in the 100 
meetings with stakeholders and the 200 meetings with us.
  Madam President, I am ready for the vote and yield the floor.
  The PRESIDING OFFICER. The Senator from North Carolina.
  Mr. BURR. Madam President, I would like to take this quick 
opportunity to thank my colleague Senator Mikulski for those kind words 
and, more importantly, for her passion on this issue. I thank the 
chairman and the ranking member for their help. But more importantly, I 
would like to thank the committee staff and personal staffs who have 
been over here for the last several days and late last night trying to 
work out amendments. I thank the Members who have been very 
accommodating to changes so we could get this bill up.
  I might take a personal privilege to say that part of this bill was 
done by a former staff member of mine, Celia Sims, and she is one proud 
woman today because of that being included in this bill and its 
passage. I look forward to it.
  I yield back.
  The PRESIDING OFFICER. The Senator from Tennessee.
  Mr. ALEXANDER. Madam President, I will not extend this more than 2 
minutes, but I think it is instructive to colleagues to note what the 
Senator from Maryland, the Senator from North Carolina, and the Senator 
from Iowa have done. We started this bill about 24 hours ago, right 
after lunch. More than 40 amendments were filed. More than half of them 
have been considered and disposed of. There was no objection to a 
motion to proceed. There was no cloture vote filed. There was no 
filibuster. And on both sides of the aisle, anyone who showed up with 
an amendment relevant to the childcare discussion had a chance to have 
it considered without anybody picking their amendment. Finally, on this 
side and that side of the aisle, many Members showed a lot of restraint 
and courtesy in adjusting their amendments so that we could get here. 
We will not be able to do this every time, but it is a modest step in a 
very good direction toward the way the Senate should work.
  I want to especially thank the Senator from Iowa, the Senator from 
Maryland, and the Senator from North Carolina for their leadership.
  I would also like to extend my deep thanks and sincere appreciation 
to the dedicated staff that worked on this bill for the past year. 
Without their hard work and tireless effort we wouldn't have been able 
to reach the successful conclusion on the passage of this important 
bill.
  I would like to thank Senator Burr's staff, Christopher Toppings and 
Natasha Hickman for working so closely with my staff and working so 
well together and with our Republican offices.
  I would also like to thank Senator Mikulski's staff, Brent Palmer and

[[Page S1617]]

Jessica McNiece for their hard work and steady support of getting this 
bill through the Senate.
  The Chairman of the committee has an outstanding staff who are all 
very capable and dedicated, especially Mario Cardona, Mildred Otero, 
and his new Staff Director, Derek Miller. I thank them for their close 
working relationship with my staff.
  We know that these bills don't just suddenly appear. Legislative 
Counsel staff work long hours on the bill and then on the amendments, 
so I would like to especially thank Liz King, Kristin Romero, Katie 
Grendon, Bill Baird, and Rob Silver.
  And we always rely on our experts at the Congressional Research 
Service to give us good information in a timely manner, so I extend our 
thanks to Karen Lynch.
  Finally I would like to thank my staff. They have put in a lot of 
time and effort to make this a process the Senate can be proud of, and 
I appreciate their efforts and late nights on this bill. So my thanks 
go out to Diane Tran, Bill Knudsen, Marty West, Patrick Murray, Peter 
Oppenheim, Michael Merrell, David Cleary, Liz Wolgemuth, and Jim 
Jeffries.
  The PRESIDING OFFICER. The question is on agreeing to the amendments 
en bloc.
  The amendments (Nos. 2847 and 2846) were agreed to en bloc.
  The Senator from Iowa.


                      Amendment No. 2811 Withdrawn

  Mr. HARKIN. Madam President, I withdraw my pending amendment.
  The PRESIDING OFFICER. The amendment is withdrawn.
  Mr. HARKIN. Madam President, again, I know of no further amendments 
or debate.
  The PRESIDING OFFICER. The question is on the adoption of the 
committee substitute, as amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  Mr. HARKIN. Madam President, I would like to join my colleagues and 
thank everyone for getting this bill done. This is a good bill. First, 
I would again say thanks to both Senator Burr and Senator Mikulski. 
This is really their bill. They spent the better part of 2 years 
working this out.
  I would like to say that we have had a good day here to work this 
out, as Senator Alexander said. But a lot of that is the preliminary 
work that goes into developing a bill such as this over a long period 
of time. So my respect--my great respect--and my thanks to both Senator 
Burr and Senator Mikulski for getting this bill to where we are now.
  My thanks to my good friend Senator Alexander and for the great 
partnership we have working together on the committee. As he said the 
other day, no other committee has a wider divergence of ideological 
views than our committee, but I believe, if I am not mistaken, this is 
the 19th or 20th bill we have gotten through our committee this 
Congress.
  Mr. REID addressed the Chair.
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. Will my friend yield for a brief comment?
  Mr. HARKIN. Yes, of course I will yield.
  Mr. REID. Mr. President, it would be improper if we did not 
acknowledge the work Mike Lee was involved with in this legislation. He 
should be complimented for working to help get this passed.
  Mr. HARKIN. The leader is right. Senator Lee was very accommodating 
in letting us move forward on this bill. I appreciate that.
  We accomplished a lot in the floor process, as Senator Alexander 
said. I think we can adopt the legislation, making it an even stronger 
bill. I would not like to thank a lot of the staff. I hope I do not 
miss anyone. David Cleary, Peter Oppenheim, Patrick Murray, Marty West, 
and Bill Knudsen of Senator Alexander's staff.
  I would like to thank Chris Toppings and Natasha Hickman of Senator 
Burr's staff.
  I would like to commend the work of Jessica McNiece and Brent Palmer 
of Senator Mikulski's staff.
  Finally, I would like to thank Pam Smith, who is not here but who 
worked on this for a long time, Derek Miller, Mildred Otero, Mario 
Cardona, Soncia Coleman, Michael Gamel McCormick, Leanne Hotek, Brit 
Moller, and Aissa Canchola of my staff.
  I also wish to thank, from the staffs of Senator Murray, Sarah 
Bolton; Senator Sanders, David Cohen; Senator Casey, Sara Mabry and 
Christina Baumgardner; Senator Hagan, Ashley Eden; Senator Franken, 
Gohar Sedighi and Maggie Henderson; Senator Bennet, Juliana Herman and 
Molly Fishman; Senator Whitehouse, Rick Van Buren; Senator Baldwin, 
Michael Dinapolo; Senator Murphy, Yoon Hayne; Senator Warren, Julie 
Morgan; Senator Enzi, Kristin Chapman; Senator Isakson, Brett Layson; 
Senator Paul, Natalie Burkholter; Senator Hatch, Katie Neal; Senator 
Roberts, Joshua Yurek; Senator Murkowski, Karen McCarthy; Senator Kirk, 
Cabe Clurman; and Senator Scott, Elizabeth Simmons.

  As I said at the beginning of this bill's consideration, this bill 
represents a strong, positive shift for working families in America who 
benefit from the childcare subsidy program. I hope my colleagues will 
join all of us in voting to give this an overwhelming vote of yes on 
final passage.
  I know of no further debate on the bill.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall it pass?
  Mr. HARKIN. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. CORNYN. The following Senators are necessarily absent: the 
Senator from Oklahoma (Mr. Inhofe) and the Senator from Kansas (Mr. 
Moran).
  The PRESIDING OFFICER (Mr. Markey). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 96, nays 2, as follows:

                      [Rollcall Vote No. 77 Leg.]

                                YEAS--96

     Alexander
     Ayotte
     Baldwin
     Barrasso
     Begich
     Bennet
     Blumenthal
     Blunt
     Booker
     Boozman
     Boxer
     Brown
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coats
     Cochran
     Collins
     Coons
     Corker
     Cornyn
     Crapo
     Cruz
     Donnelly
     Durbin
     Enzi
     Feinstein
     Fischer
     Flake
     Franken
     Gillibrand
     Graham
     Grassley
     Hagan
     Harkin
     Hatch
     Heinrich
     Heitkamp
     Heller
     Hirono
     Hoeven
     Isakson
     Johanns
     Johnson (SD)
     Johnson (WI)
     Kaine
     King
     Kirk
     Klobuchar
     Landrieu
     Leahy
     Levin
     Manchin
     Markey
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murphy
     Murray
     Nelson
     Paul
     Portman
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Rockefeller
     Rubio
     Sanders
     Schatz
     Schumer
     Scott
     Sessions
     Shaheen
     Shelby
     Stabenow
     Tester
     Thune
     Toomey
     Udall (CO)
     Udall (NM)
     Vitter
     Walsh
     Warner
     Warren
     Whitehouse
     Wicker
     Wyden

                                NAYS--2

     Coburn
     Lee
       

                             NOT VOTING--2

     Inhofe
     Moran
       
  The bill (S. 1086), as amended, was passed as follows:

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Child Care and Development 
     Block Grant Act of 2014''.

     SEC. 2. SHORT TITLE AND PURPOSES.

       Section 658A of the Child Care and Development Block Grant 
     Act of 1990 (42 U.S.C. 9801 note) is amended to read as 
     follows:

     ``SEC. 658A. SHORT TITLE AND PURPOSES.

       ``(a) Short Title.--This subchapter may be cited as the 
     `Child Care and Development Block Grant Act of 1990'.
       ``(b) Purposes.--The purposes of this subchapter are--
       ``(1) to allow each State maximum flexibility in developing 
     child care programs and policies that best suit the needs of 
     children and parents within that State;
       ``(2) to promote parental choice to empower working parents 
     to make their own decisions regarding the child care 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

[[Page S1618]]

     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 and early language and literacy development;
       ``(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--

[[Page S1619]]

       ``(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 and children in foster 
     care to receive services under this subchapter while their 
     families (including foster families) are taking any necessary 
     action to comply with immunization and other health and 
     safety requirements;
       ``(II) 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, offering child care certificates to 
     parents, 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

[[Page S1620]]

     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 efficiently 
     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));
       ``(VII) State agencies and programs serving children in 
     foster care and the foster families of such children; and
       ``(VIII) other Federal programs supporting early childhood 
     education and care activities, and, where applicable, child 
     care programs funded through State veterans affairs offices.

       ``(ii) Optional use of combined funds.--If the State elects 
     to combine funding for the services supported to carry out 
     this subchapter with funding for any program described in 
     subclauses (I) through (VII) of clause (i), the plan shall 
     describe how the State will combine the multiple sets of 
     funding and use the combined funding.
       ``(iii) Rule of construction.--Nothing in clause (i) shall 
     be construed to affect the priority of children described in 
     clause (i) to receive full-day prekindergarten or Head Start 
     program services.
       ``(P) Public-private partnerships.--The plan shall 
     demonstrate how the State encourages partnerships among State 
     agencies, other public agencies, Indian tribes and tribal 
     organizations, and private entities 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.

       ``(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.''.

       (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

[[Page S1621]]

     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) Report by assistant secretary for children and 
     families.--

       ``(I) In general.--Not later than September 30 of the first 
     full fiscal year after the date of enactment of the Child 
     Care and Development Block Grant Act of 2014, and September 
     30 of each fiscal year thereafter, the Secretary (acting 
     through the Assistant Secretary for Children and Families of 
     the Department of Health and Human Services) shall prepare a 
     report that contains a determination about whether each State 
     uses amounts provided to such State for the fiscal year 
     involved under this subchapter in accordance with the 
     priority for services described in clause (i).
       ``(II) Penalty for noncompliance.--For any fiscal year that 
     the report of the Secretary described in subclause (I) 
     indicates that a State has failed to give priority for 
     services in accordance with clause (i), the Secretary shall--

       ``(aa) inform the State that the State has until the date 
     that is 6 months after the Secretary has issued such report 
     to fully comply with clause (i);
       ``(bb) provide the State an opportunity to modify the State 
     plan of such State, to make the plan consistent with the 
     requirements of clause (i), and resubmit such State plan to 
     the Secretary not later than the date described in item (aa); 
     and
       ``(cc) if the State does not fully comply with clause (i) 
     and item (bb), by the date described in item (aa), withhold 5 
     percent of the funds that would otherwise be allocated to 
     that State in accordance with this subchapter for the first 
     full fiscal year after that date.

       ``(III) Waiver for extraordinary circumstances.--
     Notwithstanding subclause (II) the Secretary may grant a 
     waiver to a State for one year to the penalty applied in 
     subclause (II) if the Secretary determines there are 
     extraordinary circumstances, such as a natural disaster, that 
     prevent the State from complying with clause (i). If the 
     Secretary does grant a waiver to a State under this section, 
     the Secretary shall, within 30 days of granting such waiver, 
     submit a report to the appropriate congressional committees 
     on the circumstances of the waiver including the stated 
     reason from the State on the need for a waiver, the expected 
     impact of the waiver on children served under this program, 
     and any such other relevant information the Secretary deems 
     necessary.

       ``(iii) Child care resource and referral system.--

       ``(I) In general.--A State may use amounts described in 
     clause (i) to establish or support a system of local or 
     regional child care resource and referral organizations that 
     is coordinated, to the extent determined appropriate by the 
     State, by a statewide public or private nonprofit, community-
     based or regionally based, lead child care resource and 
     referral organization.
       ``(II) Local or regional organizations.--The local or 
     regional child care resource and referral organizations 
     supported as described in subclause (I) shall--

       ``(aa) provide parents in the State with consumer education 
     information referred to in paragraph (2)(E) (except as 
     otherwise provided in that paragraph), concerning the full 
     range of child care options, 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--

[[Page S1622]]

       ``(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;
       ``(K) providing training or professional development for 
     child care providers regarding the early neurological 
     development of children; and
       ``(L) connecting child care staff members of child care 
     providers with available Federal and State financial aid, or 
     other resources, that would assist child care staff members 
     in pursuing relevant postsecondary training.
       ``(2) 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.''.

[[Page S1623]]

     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; or
       ``(E) has been convicted of a violent misdemeanor committed 
     as an adult against a child, including the following crimes: 
     child abuse, child endangerment, sexual assault, or of a 
     misdemeanor involving child pornography.
       ``(2) Child care providers.--A child care provider 
     described in 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)--

[[Page S1624]]

       ``(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
       (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 with this subchapter;
       ``(5) after consultation with the Secretary of Education 
     and the heads of any other Federal agencies involved, issue 
     guidance, and disseminate information on best practices, 
     regarding use of funding combined by States as described in 
     section 658E(c)(2)(O)(ii), consistent with law other than 
     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.''.
       (e) Protection of Information.--Section 658K(a)(1) of the 
     Child Care and Development Block Grant Act of 1990 (42 U.S.C. 
     9858i(a)(1)) is amended by adding at the end the following:

[[Page S1625]]

       ``(E) Prohibition.--Reports submitted to the Secretary 
     under subparagraph (C) shall not contain individually 
     identifiable information.''.

     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)--
       (A) in paragraph (2)--
       (i) by striking ``The Secretary'' and inserting the 
     following:
       ``(A) In general.--The Secretary'';
       (ii) by striking ``1 percent, and not more than 2 
     percent,'' and inserting ``2 percent''; and
       (iii) by adding at the end the following:
       ``(B) Limitations.--Notwithstanding subparagraph (A), the 
     Secretary shall only reserve an amount that is greater than 2 
     percent of the amount appropriated under section 658B, for 
     payments described in subparagraph (A), for a fiscal year 
     (referred to in this subparagraph as the `reservation year') 
     if --
       ``(i) the amount appropriated under section 658B for the 
     reservation year is greater than the amount appropriated 
     under section 658B for fiscal year 2014; and
       ``(ii) the Secretary ensures that the amount allotted to 
     States under subsection (b) for the reservation year is not 
     less than the amount allotted to States under subsection (b) 
     for fiscal year 2014.''; and
       (B) by adding at the end the following:
       ``(3) National toll-free hotline and web site.--The 
     Secretary shall reserve 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)--
       (A) in paragraph (2), by adding at the end the following:
       ``(D) Licensing and standards.--In lieu of any licensing 
     and regulatory requirements applicable under State or local 
     law, the Secretary, in consultation with Indian tribes and 
     tribal organizations, shall develop minimum child care 
     standards that shall be applicable to Indian tribes and 
     tribal organizations receiving assistance under this 
     subchapter. Such standards shall appropriately reflect Indian 
     tribe and tribal organization needs and available resources, 
     and shall include standards requiring a publicly available 
     application, health and safety standards, and standards 
     requiring a reservation of funds for activities to improve 
     the quality of child care provided to Indian children.''; and
       (B) in paragraph (6), by striking subparagraph (C) and 
     inserting the following:
       ``(C) Limitation.--
       ``(i) In general.--Except as provided in clause (ii), the 
     Secretary may not permit an Indian tribe or tribal 
     organization to use amounts provided under this subsection 
     for construction or renovation if the use will result in a 
     decrease in the level of child care services provided by the 
     Indian tribe or tribal organization as compared to the level 
     of child care services provided by the Indian tribe or tribal 
     organization in the fiscal year preceding the year for which 
     the determination under subparagraph (B) is being made.
       ``(ii) Waiver.--The Secretary shall waive the limitation 
     described in clause (i) if--

       ``(I) the Secretary determines that the decrease in the 
     level of child care services provided by the Indian tribe or 
     tribal organization is temporary; and
       ``(II) the Indian tribe or tribal organization submits to 
     the Secretary a plan that demonstrates that after the date on 
     which the construction or renovation is completed--

       ``(aa) the level of child care services will increase; or
       ``(bb) the quality of child care services will improve.''.

     SEC. 10. DEFINITIONS.

       Section 658P of the Child Care and Development Block Grant 
     Act of 1990 (42 U.S.C. 9858n) is amended--
       (1) by striking paragraph (4) and inserting the following:
       ``(3) Child with a disability.--The term `child with a 
     disability' means--
       ``(A) a child with a disability, as defined in section 602 
     of the Individuals with Disabilities Education Act (20 U.S.C. 
     1401);
       ``(B) a child who is eligible for early intervention 
     services under part C of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1431 et seq.);
       ``(C) a child who is less than 13 years of age and who is 
     eligible for services under section 504 of the Rehabilitation 
     Act of 1973 (29 U.S.C. 794); and
       ``(D) a child with a disability, as defined by the State 
     involved.
       ``(4) Eligible child.--The term `eligible child' means an 
     individual--
       ``(A) who is less than 13 years of age;
       ``(B) whose family income does not exceed 85 percent of the 
     State median income for a family of the same size, and whose 
     family assets do not exceed $1,000,000 (as certified by a 
     member of such family); and
       ``(C) who--
       ``(i) resides with a parent or parents who are working or 
     attending a job training or educational program; or
       ``(ii) is receiving, or needs to receive, protective 
     services and resides with a parent or parents not described 
     in clause (i).'';
       (2) by redesignating paragraphs (5) through (9) as 
     paragraphs (6) through (10), respectively;
       (3) by inserting after paragraph (4), the following:
       ``(5) English learner.--The term `English learner' means an 
     individual who is limited English proficient, as defined in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801) or section 637 of the Head Start Act 
     (42 U.S.C. 9832).'';
       (4) in paragraph (6)(A), as redesignated by paragraph (2)--
       (A) in clause (i), by striking ``section 658E(c)(2)(E)'' 
     and inserting ``section 658E(c)(2)(F)''; and
       (B) in clause (ii), by striking ``section 658E(c)(2)(F)'' 
     and inserting ``section 658E(c)(2)(I)'';
       (5) in paragraph (9), as redesignated by paragraph (2), by 
     striking ``designated'' and all that follows and inserting 
     ``designated or established under section 658D(a).'';
       (6) in paragraph (10), as redesignated by paragraph (2), by 
     inserting ``, foster parent,'' after ``guardian'';
       (7) by redesignating paragraphs (11) through (14) as 
     paragraphs (12) through (15), respectively; and
       (8) by inserting after paragraph (10), as redesignated by 
     paragraph (2), the following:
       ``(11) Scientifically valid research.--The term 
     `scientifically valid research' includes applied research, 
     basic research, and field-initiated research, for which the 
     rationale, design, and interpretation are soundly developed 
     in accordance with principles of scientific research.''.

     SEC. 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 in a manner--
       ``(1) to favor or promote the use of grants and contracts 
     for the receipt of child care services under this subchapter 
     over the use of child care certificates; or
       ``(2) to disfavor or discourage the use of such 
     certificates for the purchase of child care services, 
     including those services provided by private or nonprofit 
     entities, such as faith-based providers.''.

     SEC. 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''.

     SEC. 13. REVIEW OF FEDERAL EARLY LEARNING AND CARE PROGRAMS.

       (a) In General.--The Secretary of Health and Human 
     Services, in conjunction with the Secretary of Education, 
     shall conduct an interdepartmental review of all early 
     learning and care programs 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.

     SEC. 14. 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)'';

[[Page S1626]]

       (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.''.
       (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.

     SEC. 15. ALLOTMENT OF SPACE IN FEDERAL BUILDINGS FOR CHILD 
                   CARE.

       Section 590 of title 40, United States Code, is amended--
       (1) by redesignating subsections (a) through (g) as 
     subsections (b) through (h), respectively;
       (2) by inserting before subsection (b) (as so redesignated) 
     the following:
       ``(a) Definition of Federal Employee.--In this section, the 
     term `Federal employee' does not include a person that--
       ``(1) is not employed by the Federal Government; and
       ``(2) meets the requirements described in subsection 
     (c)(2)(C)(i)(II).'';
       (3) in paragraph (2)(C) of subsection (c) (as so 
     redesignated), by striking clause (i) and inserting the 
     following:
       ``(i) the space will be used to provide child care services 
     to children of whom at least 50 percent have 1 parent or 
     guardian who--

[[Page S1627]]

       ``(I) is employed by the Federal Government; or
       ``(II)(aa) has met the requirements for a master's degree 
     or a doctorate degree from an institution of higher education 
     (as defined in section 102 of the Higher Education Act of 
     1965 (20 U.S.C. 1002)); and
       ``(bb) is conducting research in the Federal building under 
     an arrangement between the parent or guardian and a Federal 
     agency.''; and

       (4) in subsection (d) (as so redesignated), by striking 
     ``subsection (b)'' each place it appears and inserting 
     ``subsection (c)''.

     SEC. 16. SENSE OF THE SENATE ON SIGNIFICANTLY REDUCING CHILD 
                   POVERTY BY CALENDAR YEAR 2019.

       (a) Findings.--The Senate finds that--
       (1) the United States has the highest rate of childhood 
     poverty among 34 major countries in the Organisation for 
     Economic Cooperation and Development, including Denmark, 
     Finland, Norway, Iceland, Cyprus, Austria, Sweden, the Czech 
     Republic, Germany, Slovenia, Hungary, South Korea, the United 
     Kingdom, Switzerland, the Netherlands, Ireland, France, 
     Malta, Luxembourg, Slovakia, Estonia, Belgium, New Zealand, 
     Poland, Canada, Australia, Japan, Portugal, Greece, Italy, 
     Lithuania, Latvia, Spain, and Bulgaria;
       (2) a record-breaking 46,496,000 individuals lived in 
     poverty in the United States in 2012, which is an increase of 
     14,915,000 individuals since 2000;
       (3) 16,073,000 children in the United States lived in 
     poverty in 2012, which is an increase of 4,486,000 children 
     since 2000;
       (4) more than 7,100,000 children in the United States, 40 
     percent of children living in poverty in the United States, 
     live in extreme poverty (defined as living in families with 
     an income that is less than half of the poverty level);
       (5) nearly 1,200,000 public school students in the United 
     States were homeless in the 2011-2012 school year, an 
     increase of 73 percent since the 2006-2007 school year;
       (6) in an average month in fiscal year 2011, 1,200,000 
     households with children in the United States did not have 
     any cash income and, for food, depended only on benefits 
     under the supplemental nutrition assistance program 
     established under the Food and Nutrition Act of 2008 (7 
     U.S.C. 2011 et seq.);
       (7) in 2012, government assistance programs removed from 
     poverty 9,000,000 children, including 5,300,000 children 
     through the earned income tax credit under section 32 of the 
     Internal Revenue Code of 1986 and the child tax credit under 
     section 24 of the Internal Revenue Code of 1986, and 
     2,200,000 children through the supplemental nutrition 
     assistance program established under the Food and Nutrition 
     Act of 2008 (7 U.S.C. 2011 et seq.);
       (8) in 2012, child poverty would have been 57 percent 
     higher, and extreme poverty would have been 240 percent 
     higher, without government tax credits and food, housing, and 
     energy benefits;
       (9) in 2013, an individual working full-time at the Federal 
     minimum wage could not afford the fair market rent for a 2-
     bedroom rental unit and have enough money for food, 
     utilities, and other necessities;
       (10) in school years 2009-2010 and 2010-2011, less than 
     half of children ages 3 and 4 were enrolled in preschool;
       (11) Early Head Start programs carried out under the Head 
     Start Act (42 U.S.C. 9831 et seq.) served only 4 percent of 
     the 2,900,000 eligible poor infants and toddlers each day in 
     fiscal year 2012, and Head Start programs carried out under 
     such Act served only 41 percent of the 2,000,000 eligible 
     poor children ages 3 and 4;
       (12) more than 220,000 children are on waiting lists for 
     child care assistance; and
       (13) child poverty costs the United States not less than 
     $500,000,000 each year in additional education, health, and 
     criminal justice costs and in lost productivity.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the President should immediately present to Congress a 
     comprehensive plan to significantly reduce child poverty in 
     the United States by calendar year 2019.

  Mr. REID. Mr. President, I move to reconsider the vote, and I move to 
lay that motion on the table.
  The motion to lay on the table was agreed to.


                             Change of Vote

  Mr. COBURN. Madam President, on rollcall vote 77 I voted ``aye.'' It 
was my intention to vote ``nay.'' I ask unanimous consent that I be 
permitted to change my vote since it will not affect the outcome.



 =========================== NOTE =========================== 

  
  On page 1627, March 13, 2014, in the second column, the 
following language appears: Madam President, on rollcall vote 77 . 
. .
  
  The online Record has been corrected to read: Mr. COBURN. Madam 
President, on rollcall vote 77 . . .


 ========================= END NOTE ========================= 

  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The foregoing tally has been changed to reflect the above order).

                          ____________________