[113th Congress Public Law 186]
[From the U.S. Government Publishing Office]
[[Page 128 STAT. 1971]]
Public Law 113-186
113th Congress
An Act
To reauthorize and improve the Child Care and Development Block Grant
Act of 1990, and for other purposes. <<NOTE: Nov. 19, 2014 - [S.
1086]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Child Care and
Development Block Grant Act of 2014. 42 USC 9801 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care and Development Block
Grant Act of 2014''.
SEC. <<NOTE: 42 USC 9858 note.>> 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 services
that best suit their family's needs;
``(3) 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 development of their children in child care
settings;
``(4) to assist States in delivering high-quality,
coordinated early childhood care and education services to
maximize parents' options and support parents trying to achieve
independence from public assistance;
``(5) to assist States in improving the overall quality of
child care services and programs by implementing the health,
safety, licensing, training, and oversight standards established
in this subchapter and in State law (including State
regulations);
``(6) to improve child care and development of participating
children; and
``(7) to increase the number and percentage of low-income
children in high-quality child care settings.''.
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''
[[Page 128 STAT. 1972]]
and all that follows through the period at the end, and inserting
``subchapter $2,360,000,000 for fiscal year 2015, $2,478,000,000 for
fiscal year 2016, $2,539,950,000 for fiscal year 2017, $2,603,448,750
for fiscal year 2018, $2,668,534,969 for fiscal year 2019, and
$2,748,591,018 for fiscal year 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 in a timely manner.''.
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) <<NOTE: Certification. Deadline. Public
information.>> 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.
[[Page 128 STAT. 1973]]
``(E) Consumer and provider education information.--
The plan shall include
a <<NOTE: Certification.>> 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, the general public,
and, where applicable, providers--
``(i) information about the availability of
the full diversity of child care services that
will promote informed child care choices and that
concerns--
``(I) the availability of child care
services provided through programs
authorized by this subchapter and, if
feasible, other child care services and
other programs provided in the State for
which the family may be eligible, as
well as the availability of financial
assistance to obtain child care services
in the State;
``(II) if available, information
about the quality of providers, as
determined by the State, that can be
provided through a Quality Rating and
Improvement System;
``(III) information, made available
through a State Web site, 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) other programs for which
families that receive child care
services for which financial assistance
is provided under 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.);
``(V) programs carried out under
section 619 and part C of the
Individuals with Disabilities Education
Act (20 U.S.C. 1419, 1431 et seq.);
``(VI) research and best practices
concerning children's development,
including social and emotional
development, early childhood
development,
[[Page 128 STAT. 1974]]
and meaningful parent and family
engagement, and physical health and
development (particularly healthy eating
and physical activity); and
``(VII) the State policies regarding
the social-emotional behavioral health
of young children, which may include
positive behavioral intervention and
support models, and policies on
expulsion of preschool-aged children, in
early childhood programs receiving
assistance under this subchapter; and
``(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.
``(F) Compliance with state licensing
requirements.--
``(i) <<NOTE: Certification.>> 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
funds 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.
``(G) Training and professional development
requirements.--
``(i) In general.--The plan shall describe the
training and professional development requirements
that are in effect within the State designed to
enable child care providers to promote the social,
emotional, physical, and cognitive development of
children and
[[Page 128 STAT. 1975]]
to improve the knowledge and skills of the child
care workforce. Such requirements shall be
applicable to child care providers that provide
services for which assistance is provided in
accordance with this subchapter.
``(ii) Requirements.--The plan shall provide
an assurance that such training and professional
development--
``(I) shall be conducted on an
ongoing basis, provide for a progression
of professional development (which may
include encouraging the pursuit of
postsecondary education), reflect
current research and best practices
relating to the skills necessary for the
child care workforce to meet the
developmental needs of participating
children, and improve the quality of,
and stability within, the child care
workforce;
``(II) <<NOTE: Consultation.>> shall
be 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))), and may
engage training providers in aligning
training opportunities with the State's
training framework;
``(III) incorporates knowledge and
application of the State's early
learning and developmental guidelines
(where applicable), the State's health
and safety standards, and incorporates
social-emotional behavior intervention
models, which may include positive
behavior intervention and support
models;
``(IV) shall be accessible to
providers supported through Indian
tribes or tribal organizations that
receive assistance under this
subchapter; and
``(V) to the extent practicable, are
appropriate for a population of children
that includes--
``(aa) different age groups;
``(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) Information.--The plan shall include
the number of hours of training required for
eligible providers and caregivers to engage in
annually, as determined by the State.
``(iv) Construction.--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.
[[Page 128 STAT. 1976]]
``(H) Child-to-provider ratio standards.--
``(i) Standards.--The plan shall describe
child care standards for child care services for
which assistance is made available in accordance
with this subchapter, appropriate to the type of
child care setting involved, to provide for the
safety and developmental needs of the children
served, that address--
``(I) group size limits for specific
age populations, as determined by the
State;
``(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, as determined by the
State.
``(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 the State
maintain specific group size limits for specific
age populations or child-to-provider ratios for
providers who receive assistance in accordance
with subchapter.
``(I) <<NOTE: Certification.>> 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 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) prevention of sudden infant
death syndrome and use of safe sleeping
practices;
``(III) the administration of
medication, consistent with standards
for parental consent;
``(IV) the prevention of and
response to emergencies due to food and
allergic reactions;
``(V) building and physical premises
safety, including identification of and
protection from hazards that can cause
bodily injury such as electrical
hazards, bodies of water, and vehicular
traffic;
``(VI) prevention of shaken baby
syndrome and abusive head trauma;
``(VII) 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
[[Page 128 STAT. 1977]]
T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5195a(a)(1));
``(VIII) the handling and storage of
hazardous materials and the appropriate
disposal of biocontaminants;
``(IX) for providers that offer
transportation, if applicable,
appropriate precautions in transporting
children;
``(X) first aid and cardiopulmonary
resuscitation; and
``(XI) minimum health and safety
training, to be completed pre-service or
during an orientation period in addition
to ongoing training, appropriate to the
provider setting involved that addresses
each of the requirements relating to
matters described in subclauses (I)
through (X); 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) <<NOTE: Deadline.>> 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, and are trained
in all aspects of the State's licensure
requirements;
``(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
[[Page 128 STAT. 1978]]
for compliance with all child
care licensing standards, which
shall include an inspection for
compliance with health, safety,
and fire standards (inspectors
may inspect for compliance with
all 3 standards at the same
time);
``(III) require the ratio of
licensing inspectors to such child care
providers and facilities in the State to
be maintained at a level sufficient to
enable the State to conduct inspections
of such child care providers and
facilities on a timely basis in
accordance with Federal, State, and
local law; and
``(IV) require licensing inspectors
(or qualified inspectors designated by
the lead agency) of child care providers
and facilities to perform an annual
inspection of each license-exempt
provider in the State receiving funds
under this subchapter (unless the
provider is an eligible child care
provider as described in section
658P(6)(B)) for compliance with health,
safety, and fire standards, at a time to
be determined by the State.
``(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 <<NOTE: Certification.>> 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 alternative
reimbursement rates 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 services 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 or
designated local entity redetermines the
eligibility of
[[Page 128 STAT. 1979]]
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 or designated local entity's
processes for initial determination and
redetermination of such eligibility take
into account irregular fluctuations in
earnings.
``(ii) <<NOTE: Procedures.>> 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 or designated
local entity's requirements for redetermination of
eligibility for assistance provided in accordance
with this subchapter.
``(iii) Period before termination.--At the
option of the State, the plan shall demonstrate
that the State will not terminate assistance
provided to carry out this subchapter based on a
factor consisting of a parent's loss of work or
cessation of attendance at a job training or
educational program for which the family was
receiving the assistance, without continuing the
assistance for a reasonable period of time, of not
less than 3 months, after such loss or cessation
in order for the parent to engage in a job search
and resume work, or resume attendance at a job
training or educational program, as soon as
possible.
``(iv) <<NOTE: Procedures.>> 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 care, and assist children enrolled
in early childhood programs to receive full-day
services, will efficiently, and to the extent
practicable, coordinate the services supported to
carry out this subchapter with programs operating
at the Federal, State, and local levels for
children in preschool programs, tribal early
childhood programs, and other early childhood
programs, including those serving infants and
toddlers with
[[Page 128 STAT. 1980]]
disabilities, homeless children, and children in
foster care.
``(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 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, including
faith-based and community-based organizations, to
leverage existing service delivery systems (as of the
date of the submission of the application containing the
plan) for child care and development services 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 child care and
development services, 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) <<NOTE: Certification.>> 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--
``(i) <<NOTE: Certification.>> 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; and
``(ii) an assurance that the State will, to
the extent practicable, implement enrollment and
eligibility policies that support the fixed costs
of providing child care services by delinking
provider reimbursement rates from an eligible
child's occasional absences due to holidays or
unforseen circumstances such as illness.
``(T) Early learning and developmental guidelines.--
``(i) In general.--The plan shall include an
assurance that the State will maintain or
implement early
[[Page 128 STAT. 1981]]
learning and developmental guidelines (or develop
such guidelines if the State does not have such
guidelines as of the date of enactment of the
Child Care and Development Block Grant Act of
2014) that are appropriate for children from birth
to kindergarten entry, describing what such
children should know and be able to do, and
covering the essential domains of early childhood
development for use statewide by child care
providers. Such guidelines shall--
``(I) be research-based,
developmentally appropriate, and aligned
with entry to kindergarten;
``(II) be implemented in
consultation with the state educational
agency and the State Advisory Council on
Early Childhood Education and Care
(designated or established pursuant to
section 642B(b)(I)(A)(i) of the Head
Start Act (42 U.S.C. 9837b(b)(1)(A)(i));
and
``(III) be updated as determined by
the State.
``(ii) 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 children
eligibility to participate in the
program carried out under this
subchapter.
``(iii) Exceptions.--Nothing in this
subchapter shall preclude the State from using a
single assessment as determined by the State 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.
``(iv) No federal control.--Nothing in this
section shall be construed to authorize an officer
or employee of the Federal Government to--
``(I) mandate, direct, control, or
place conditions (outside of what is
required by this subchapter) around
adopting a State's early learning
[[Page 128 STAT. 1982]]
and developmental guidelines developed
in accordance with this section;
``(II) establish any criterion that
specifies, defines, prescribes, or
places conditions (outside of what is
required by this subchapter) on a State
adopting standards or measures that a
State uses to establish, implement, or
improve such guidelines, related
accountability systems, or alignment of
such guidelines with education
standards; or
``(III) require a State to submit
such guidelines 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, for 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) 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;
``(II) guidelines for the
continuation of child care services in
the period following the emergency or
disaster, which may include the
provision of emergency and temporary
child care services, and temporary
operating standards for child care
providers during that period; and
``(III) procedures for staff and
volunteer emergency preparedness
training and practice drills.
``(V) Business technical assistance.--The plan shall
describe how the State will develop and implement
strategies to strengthen the business practices of child
care providers to expand the supply, and improve the
quality of, child care services.'';
[[Page 128 STAT. 1983]]
(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
the use of procedures to permit enrollment (after
an initial eligibility determination) 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 the assistant secretary for
children and families.--
``(I) <<NOTE: Determination.>> 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) <<NOTE: Notification.>> in
form 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
[[Page 128 STAT. 1984]]
to that State in accordance with
this subchapter for the first
full fiscal year after that
date.
``(III) Waiver for extraordinary
circumstances.--
Notwithstanding <<NOTE: Determination.>>
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
(including faith-based and
community-based child care
providers), 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 the most appropriate
child care setting to suit their
needs and one that is of high
quality (as determined by the
State);
``(cc) collect data and
provide information on the
coordination of services and
supports,
[[Page 128 STAT. 1985]]
including services under section
619 and part C of the
Individuals with Disabilities
Education Act (20 U.S.C. 1431,
et seq.), for children with
disabilities (as defined in
section 602 of such Act (20
U.S.C. 1401));
``(dd) collect data and
provide information on the
supply of and demand for child
care services in political
subdivisions or regions within
the State and submit such
information to the State;
``(ee) work to establish
partnerships with public
agencies and private entities,
including faith-based and
community-based child care
providers, 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 ``other than families
described in paragraph (2)(H)'' and inserting
``including or in addition to 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) <<NOTE: Certification.>> 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
[[Page 128 STAT. 1986]]
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) or an alternative
methodology, such as a cost estimation model, that
has been developed by the State lead agency;
``(ii) <<NOTE: Reports. Deadline. Web
posting.>> demonstrate that the State prepared a
detailed report containing the results of the
State market rates survey or alternative
methodology conducted pursuant to clause (i), and
made the results of the survey or alternative
methodology widely available (not later than 30
days after the completion of such survey or
alternative methodology) 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 or
alternative methodology 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
under this subchapter.
``(C) Construction.--
``(i) No private right of action.--Nothing in
this paragraph shall be construed to create a
private right of action if the State acted in
accordance with this paragraph.
``(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 services during
weekend and other nontraditional hours;
or
[[Page 128 STAT. 1987]]
``(IV) the State's determination
that such differentiated payment rates
may enable a parent to choose high-
quality child care that best fits the
parent's needs.''; 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,
and is in alignment with a Statewide assessment of the State's
needs to carry out such services and care, provided in
accordance with this subchapter.
``(2) Amount of reservations.--Such State shall reserve and
use--
``(A) to carry out the activities described in
paragraph (1), not less than--
``(i) 7 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) 9 percent of such funds for the fifth
and each succeeding full fiscal year after the
date of enactment; and
``(B) <<NOTE: Deadline. Time period.>> in addition
to the funds reserved under subparagraph (A), 3 percent
of the funds described in paragraph (1) received not
later than the second full fiscal year after the date of
enactment and received for each succeeding full 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.
``(3) State reservation amount.--Nothing in this subsection
shall preclude the State from reserving a larger percentage of
funds to carry out the activities described in paragraph (1) and
subsection (b).
``(b) Activities.--Funds reserved under subsection (a) shall be used
to carry out no fewer than one of the following activities
[[Page 128 STAT. 1988]]
that will improve the quality of child care services provided in the
State:
``(1) Supporting the training and professional development
of the child care workforce through activities such as those
included under section 658E(c)(2)(G), in addition to--
``(A) offering training and professional development
opportunities for child care providers that relate to
the use of scientifically-based, developmentally-
appropriate and age-appropriate strategies to promote
the social, emotional, physical, and cognitive
development of children, including those related to
nutrition and physical activity, and offering
specialized training for child care providers caring for
those populations prioritized in section 658E(c)(2)(Q),
and children with disabilities;
``(B) incorporating the effective use of data to
guide program improvement;
``(C) including effective behavior management
strategies and training, including positive behavior
interventions and support models, that promote positive
social and emotional development and reduce challenging
behaviors, including reducing expulsions of preschool-
aged children for such behaviors;
``(E) 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 positive development;
``(F) providing training corresponding to the
nutritional and physical activity needs of children to
promote healthy development;
``(G) providing training or professional development
for child care providers regarding the early
neurological development of children; and
``(H) 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) Improving upon the development or implementation of
the early learning and developmental guidelines described in
section 658E(c)(2)(T) by providing technical assistance to
eligible child care providers that enhances the cognitive,
physical, social and emotional development, including early
childhood development, of participating preschool and school-
aged children and supports their overall well-being.
``(3) Developing, implementing, or enhancing a tiered
quality rating system for child care providers and services,
which may--
``(A) support and assess the quality of child care
providers in the State;
``(B) build on State licensing standards and other
State regulatory standards for such providers;
``(C) be designed to improve the quality of
different types of child care providers and services;
``(D) describe the safety of child care facilities;
``(E) build the capacity of State early childhood
programs and communities to promote parents' and
families'
[[Page 128 STAT. 1989]]
understanding of the State's early childhood system and
the ratings of the programs in which the child is
enrolled;
``(F) provide, to the maximum extent practicable,
financial incentives and other supports designed to
expand the full diversity of child care options and help
child care providers improve the quality of services;
and
``(G) accommodate a variety of distinctive
approaches to early childhood education and care,
including but not limited to, those practiced in faith-
based settings, community-based settings, child-centered
settings, or similar settings that offer a distinctive
approach to early childhood development.
``(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 high-quality
community or neighborhood-based family and child
development centers, which may serve as resources to
child care providers in order to improve the quality of
early childhood services provided to infants and
toddlers from low-income families and to help eligible
child care providers improve their capacity to offer
high-quality, age-appropriate 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) promoting and expanding child care providers'
ability to provide developmentally appropriate services
for infants and toddlers through training and
professional development; coaching and technical
assistance on this age group's unique needs from
statewide networks of qualified infant-toddler
specialists; and improved coordination 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) 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 development
guidelines;
``(E) improving the ability of parents to access
transparent and easy to understand consumer information
about high-quality infant and toddler care; and
``(F) 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
cognitive and physical development, or infant and
toddler well-being, including providing health and
safety training (including training in safe sleep
practices, first aid, and cardiopulmonary resuscitation)
for providers and caregivers.
``(5) Establishing or expanding a statewide system of child
care resource and referral services.
[[Page 128 STAT. 1990]]
``(6) Facilitating compliance with State requirements for
inspection, monitoring, training, and health and safety, and
with State licensing standards.
``(7) Evaluating and assessing the quality and effectiveness
of child care programs and services offered in the State,
including evaluating how such programs positively impact
children.
``(8) Supporting child care providers in the voluntary
pursuit of accreditation by a national accrediting body with
demonstrated, valid, and reliable program standards of high
quality.
``(9) Supporting State or local efforts to develop or adopt
high-quality program standards relating to health, mental
health, nutrition, physical activity, and physical development.
``(10) 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 entry to kindergarten is possible.
``(c) <<NOTE: Effective date. Deadline.>> Certification.--Beginning
with fiscal year 2016, 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) at
the request of the State.
``(f) Construction.--Nothing in this section shall be construed as
providing the Secretary the authority to regulate, direct, dictate, or
place conditions (outside of what is required by this subchapter) on a
State adopting specific State child care quality activities or progress
in implementing those activities.''.
SEC. 7. CRIMINAL BACKGROUND CHECKS.
The Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.) is amended by inserting after section 658G the following:
``SEC. 658H. <<NOTE: 42 USC 9858f.>> CRIMINAL BACKGROUND CHECKS.
``(a) In General.--A State that receives funds to carry out this
subchapter shall have in effect--
``(1) <<NOTE: Procedures.>> 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
[[Page 128 STAT. 1991]]
``(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 the 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 5 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 5 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 receiving assistance under 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) kidnapping;
``(vii) arson;
``(viii) physical assault or battery; or
``(ix) subject to subsection (e)(4), a drug-
related offense committed during the preceding 5
years; 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 subsection (i)(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.--
[[Page 128 STAT. 1992]]
``(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
(j)(1); and
``(B) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> not less 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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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 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.
[[Page 128 STAT. 1993]]
``(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, except States may release aggregated
data by crime as listed under subsection (c)(1)(D) from
background check results, as long as such data is not
personally identifiable information.
``(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 a
provider has acted in accordance with this section.
``(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) <<NOTE: Web posting. Public information.>> Transparency.--The
State must ensure that the policies and procedures under section 658H
are published on the Web site (or otherwise publicly available venue in
the absence of a Web site) of the State and the Web sites of local lead
agencies.
``(h) 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.
[[Page 128 STAT. 1994]]
``(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.
``(i) 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 under this
subchapter; and
``(2) the term `child care staff member' means an individual
(other than an individual who is related to all children for
whom child care services are provided)--
``(A) who is employed by a child care provider for
compensation; or
``(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.
``(j) Effective Date.--
``(1) <<NOTE: Deadline. Time period.>> 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(a) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858g(a)) is amended--
(1) in paragraph (2)--
(A) by inserting a comma after ``publish''; and
(B) by striking ``and'' at the end;
(2) by striking paragraph (3) and inserting the following:
``(3) provide technical assistance, such as business
technical assistance, as described in section 658E(c)(2)(V), to
States (which may include providing assistance on a reimbursable
basis) which shall be provided by qualified experts on practices
grounded in scientifically valid research, where appropriate, to
carry out this subchapter;''; and
(3) by adding at the end the following:
[[Page 128 STAT. 1995]]
``(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; and
``(5) after consultation with the heads of any other Federal
agencies involved, issue guidance and disseminate information on
best practices regarding the use of funding combined by States
as described in section 658E(c)(2)(O)(ii), consistent with laws
other than this subchapter.''.
(b) Request For Relief.--Section 658I of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858g), as amended by
subsection (a), is further amended by adding at the end of the
following:
``(c) Request for Relief.--
``(1) <<NOTE: Waiver authority. Time period.>> In general.--
The Secretary may waive for a period of not more than three
years any provision under this subchapter or sanctions imposed
upon a State in accordance with subsection (b)(2) upon the
State's request for such a waiver if the Secretary finds that--
``(A) the request describes one or more conflicting
or duplicative requirements preventing the effective
delivery of child care services to justify a waiver,
extraordinary circumstances, such as natural disaster or
financial crisis, or an extended period of time for a
State legislature to enact legislation to implement the
provisions of this subchapter;
``(B) such circumstances included in the request
prevent the State from complying with any statutory or
regulatory requirements of this subchapter;
``(C) the waiver will, by itself, contribute to or
enhance the State's ability to carry out the purposes of
this subchapter; and,
``(D) the waiver will not contribute to
inconsistency with the objectives of this law.
``(2) Contents.--Such request shall be provided to the
Secretary in writing and will--
``(A) detail each sanction or provision within this
subchapter that the State seeks relief from;
``(B) describe how a waiver from that sanction or
provision of this subchapter will, by itself, improve
delivery of child care services for children in the
State; and
``(C) <<NOTE: Certification.>> certify that the
health, safety, and well-being of children served
through assistance received under this subchapter will
not be compromised as a result of the waiver.
``(3) <<NOTE: Deadlines. Notifications.>> Approval.--Within
90 days after the receipt of a State's request under this
subsection, the Secretary shall inform the State of approval or
disapproval of the request. If the plan is disapproved, the
Secretary shall, at this time, inform the State, the Committee
on Education and the Workforce of the House of Representatives,
and the Committee on Health, Education, Labor, and Pensions of
the Senate of the reasons for the disapproval and give the State
the opportunity to amend the request. <<NOTE: Reports.>> In the
case of approval, the Secretary shall, within 30 days of
granting such waiver, notify and submit a report 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 on the circumstances of
[[Page 128 STAT. 1996]]
the waiver including each specific sanction or provision waived,
the reason as given by the State of the need for a waiver, and
the expected impact of the waiver on children served under this
program.
``(4) External conditions.--The Secretary shall not require
or impose any new or additional requirements in exchange for
receipt of a waiver if such requirements are not specified in
this subchapter.
``(5) Duration.--The Secretary may approve a request under
this subsection for a period not to exceed three years, unless a
renewal is granted under paragraph (7).
``(6) <<NOTE: Determination.>> Termination.--The Secretary
shall terminate approval of a request for a waiver 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.
``(7) <<NOTE: Time period.>> Renewal.--The Secretary may
approve or disapprove a request from a State for renewal of an
existing waiver under this subchapter for a period no longer
than one year. <<NOTE: Notification. Deadline.>> A State seeking
to renew their waiver approval must inform the Secretary of this
intent no later than 30 days prior to the expiration date of the
waiver. <<NOTE: Certification.>> The State shall re-certify in
its extension request the provisions in paragraph (2) of this
subchapter, and shall also explain the need for additional time
of relief from such sanction(s) or provisions approved under
this law as provided in this subchapter.
``(8) Restrictions.--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, job training, or
educational program participation, that apply to the parents of
eligible children under this subchapter. Nothing in this
subsection shall be construed to allow the Secretary to waive
anything related to his or her authority under this
subchapter.''.
(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 striking the semicolon at the
end and inserting ``; and''; and
(C) by adding at the end 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 ``December 31, 1997'' and all that follows
through ``thereafter'', and inserting ``1 year after the
date of the enactment of the Child Care and Development
Block Grant Act of 2014, and annually thereafter,'';
(B) in subparagraph (A), by striking ``section
658P(5)'' and inserting ``section 658P(6)'';
(C) in subparagraph (E) by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(F) the number of child fatalities occurring among
children while in the care and facility of child care
providers
[[Page 128 STAT. 1997]]
receiving assistance under this subchapter, listed by
type of child care provider and indicating whether the
providers (excluding child care providers described in
section 658P(6)(B)) are licensed or license-exempt.''.
(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'';
(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'';
(5) by inserting after ``States.'' the following:
``Such report shall contain a determination around whether each State
that uses amounts provided under this subchapter has complied with the
priority for services described in sections 658E(c)(2)(Q) and
658E(c)(3)(B).''; and
(6) by adding at the end the following:
``(b) National Toll-Free Hotline and Web Site.--
``(1) In general.--The Secretary shall operate, directly or
through the use of grants or contracts, 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 and quality child care
services in their community, with a range of price
options, that best suits their family's needs; 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 or a member of the provider's staff.
``(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 eligible child
care providers, differentiating between licensed
and license-exempt providers;
``(ii) <<NOTE: Public information.>> 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;
[[Page 128 STAT. 1998]]
``(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
``(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 services 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 easy-to-understand child care
consumer education and referral services.
``(3) <<NOTE: Time period.>> 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, unless such additional data
are related to the purposes and scope of this subchapter, and
are subject to a notice and comment period of no less than 90
days.''.
(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:
``(E) Prohibition.--Reports submitted to the
Secretary under subparagraph (C) shall not contain
personally identifiable information.''.
SEC. 9. RESERVATION FOR TOLL-FREE HOTLINE AND WEB SITE; PAYMENTS
TO BENEFIT INDIAN CHILDREN; TECHNICAL
ASSISTANCE AND EVALUATION.
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 --
[[Page 128 STAT. 1999]]
``(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 up to $1,500,000 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).
``(4) Technical assistance.--The Secretary shall reserve up
to \1/2\ of 1 percent of the amount appropriated under this
subchapter for each fiscal year to support technical assistance
and dissemination activities under paragraphs (3) and (4) of
section 658I(a).
``(5) Research, demonstration, and evaluation.--The
Secretary may reserve \1/2\ of 1 percent of the amount
appropriated under this subchapter for each fiscal year to
conduct research and demonstration activities, as well as
periodic external, independent evaluations of the impact of the
program described by this subchapter on increasing access to
child care services and improving the safety and quality of
child care services, using scientifically valid research
methodologies, and to disseminate the key findings of those
evaluations widely and on a timely basis.''; and
(2) in subsection (c)--
(A) in paragraph (2), by adding at the end the
following:
``(D) <<NOTE: Consultation.>> 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 services 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.
[[Page 128 STAT. 2000]]
``(ii) Waiver.--The Secretary shall waive the
limitation described in clause (i) if--
``(I) <<NOTE: Determination.>> 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) <<NOTE: Plan.>> 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
[[Page 128 STAT. 2001]]
(B) in clause (ii), by striking ``section
658E(c)(2)(F)'' and inserting ``section 658E(c)(2)(I)'';
(5) in paragraph (9), as redesignated by paragraph (2), by
striking ``designated'' and all that follows and inserting
``designated or established under section 658D(a).'';
(6) in paragraph (10), as redesignated by paragraph (2), by
inserting ``, foster parent,'' after ``guardian'';
(7) by redesignating paragraphs (11) through (14) as
paragraphs (12) through (15), respectively; and
(8) by inserting after paragraph (10), as redesignated by
paragraph (2), the following:
``(11) Scientifically valid research.--The term
`scientifically valid research' includes applied research, basic
research, and field-initiated research, for which the rationale,
design, and interpretation are soundly developed in accordance
with principles of scientific research.''.
SEC. 11. 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. 12. <<NOTE: 42 USC 9858r.>> 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, identified by the type
of assistance requested; 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
Committee on Health, Education, Labor and Pensions of the Senate, and
the Committee on Education and the Workforce of the House of
Representatives--
(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).
[[Page 128 STAT. 2002]]
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 for
children less than 6 years of age in order to--
(1) <<NOTE: Plan.>> develop a plan for the elimination of
overlapping programs, as identified by the Government
Accountability Office's 2012 annual report (GAO-12-342SP); and
(2) <<NOTE: Recommenda- tions.>> make recommendations to
Congress for streamlining all such programs.
(b) <<NOTE: Consultation.>> 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 overlap and fragmentation among all
Federal early learning and care programs.
Approved November 19, 2014.
LEGISLATIVE HISTORY--S. 1086:
---------------------------------------------------------------------------
SENATE REPORTS: No. 113-138 (Comm. on Health, Education, Labor, and
Pensions).
CONGRESSIONAL RECORD, Vol. 160 (2014):
Mar. 12, 13, considered and passed Senate.
Sept. 15, considered and passed House, amended.
Sept. 18, Nov. 13, 17, Senate considered and concurred in
House amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2014):
Nov. 19, Presidential remarks.
<all>