[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).
____________________