39–010 

Calendar No. 309 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–138 

CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT 

OF 2014 

FEBRUARY 25, 2014.—Ordered to be printed 

Mr. HARKIN, from the Committee on Health, Education, Labor, and 

Pensions, submitted the following 

R E P O R T 

[To accompany S. 1086] 

The Committee on Health, Education, Labor, and Pensions, to 

which was referred the bill (S. 1086) to amend the Child Care and 

Development Block Grant Act of 1990 to reauthorize and improve 

the Child Care and Development Block Grant Act of 1990, and for 

other purposes, having considered the same, reports favorably 

thereon with an amendment in the nature of a substitute and recommends that the bill (as amended) do pass. 

CONTENTS 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background of Legislation ............................................................................. 2 

III. Legislative History and Committee Consideration ..................................... 2 

IV. Explanation of Legislation and Committee Views ...................................... 5 

V. Cost Estimate ................................................................................................. 15 

VI. Application of Law to the Legislative Branch ............................................. 15 

VII. Regulatory Impact Statement ....................................................................... 15 

VIII. Section-by-Section Analysis .......................................................................... 15 

IX. Changes in Existing Law .............................................................................. 25 

I. PURPOSE AND SUMMARY

The purpose of S. 1086, the Child Care and Development Block 

Grant Act of 2014, is to renew, improve, and strengthen the Child 

Care and Development Block Grant Act of 1990. This Act is designed to maintain State flexibility, promote the healthy development of children, and protect the ability of parents and families to 


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choose the child care arrangement that best meets their needs and 

those of their children. 

II. BACKGROUND OF LEGISLATION

The current system of child care assistance, which is supported 

by Federal, State, and local funds, is largely a result of Federal legislative activity over the last 25 years. In 1988, the Family Support 

Act, legislation reforming the Aid to Families with Dependent Children (AFDC) program, for the first time provided a child care entitlement for families on welfare. Originated by the Senate Committee on Finance, the Family Support Act created a child care entitlement for AFDC parents who were working, enrolled in job 

training or in an educational program, and for parents needing 

transitional child care assistance for 12 months after leaving welfare (Transitional Child Care or TCC). 

In 1990, two more child care programs were created: the Child 

Care and Development Block Grant (CCDBG) program under the 

jurisdiction of the Senate Labor Committee (now renamed the Senate Committee on Health, Education, Labor, and Pensions), and 

the Title IV-A At Risk Child Care program under the jurisdiction 

of the Senate Committee on Finance. Both of these programs were 

designed to help low-income working families and CCDBG was designed to improve the quality of child care as well. Unlike the Family Support Act child care programs, these two new programs were 

block grants to the States (not individual entitlements) and were 

not designed to assist welfare families. 

In 1996, the four Federal child care programs (the AFDC child 

care entitlement, the Transitional Child Care entitlement, the IVA At Risk child care program, and the Child Care and Development Block Grant) were consolidated under the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA). The 

Act eliminated the entitlement to child care assistance for parents 

receiving welfare and for those transitioning from welfare to work. 

The three Finance Committee programs were consolidated into one 

funding stream, henceforth referred to as mandatory funding. 

Funding for the Child Care and Development Block Grant 

(CCDBG) remained under the jurisdiction of the Senate Health, 

Education, Labor, and Pensions (HELP) Committee and was retained as a discretionary program. 

III. LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

HEARINGS

During the 112th Congress, the Subcommittee on Children and 

Families of the HELP Committee held three hearings on issues related to early childhood education or child care. The hearings offered many opportunities for the members of the committee to hear 

from child care providers, parents, beneficiaries of high-quality 

early education and care, and other key stakeholders on critical 

issues related to child care. A brief description of each hearing, including witnesses, follows. 


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Getting the Most Bang for the Buck: Quality Early Education and 

Care (06/09/2011) 

This hearing highlighted the vast evidence and research indicating that access to high-quality early childhood education programs can have a dramatic, positive impact on the lives of young 

children. Witnesses included: 

Panel I 

Joan Lombardi, Ph.D., Deputy Assistant Secretary and Inter-Departmental Liaison for Early Childhood Development, Administration for Children & Families, U.S. Department of Health and 

Human Services (Washington, DC), who discussed President 

Obama’s proposed initiatives to improve the quality of Federal 

early childhood programs including the Head Start program and 

the Child Care and Development Block Grant. 

Panel II 

Dennis Hillian, family service coordinator, The Charles County 

Judy Center (Waldorf, MD), who described the Judy Centers that 

operate in the State of Maryland, which are programs collocated or 

nearby title I elementary schools to provide high-quality, comprehensive services to preschool-aged children. 

Linda K. Smith, executive director, National Association of Child 

Care Resources & Referral Agencies (Arlington, VA), who advocated for reforms in CCDBG similar to those taken by the military 

through the Military Child Care Assistance Act passed in 1989. 

Arthur J. Rolnick, senior fellow and co-director of the Human 

Capital Research Collaborative, Humphrey School of Public Affairs, 

the University of Minnesota, Minneapolis (Minneapolis, MN), who 

spoke to the strong evidence and research base behind investing in 

high-quality early learning programs. 

Eva Tansky Blum, senior vice president and director of Community Affairs, PNC Bank (Pittsburgh, PA), who highlighted the role 

that private industry could play in advancing the growth of early 

childhood education programs. 

Charlie Mills, III, founder and chief executive officer, Salera Capital Management (Potomac Falls, VA), who described his positive 

experiences in Head Start and how such experiences contributed 

significantly to his development throughout childhood and successes later in life. 

Examining Quality and Safety in Child Care: Giving Working Families Security, Confidence, and Peace of Mind (09/08/2011) 

Eric Karolak, Ph.D., executive director, Early Care and Education Consortium (Washington, DC), who represented the interests of private child care providers to advance recommendations to 

improve the health and safety conditions in federally subsidized 

child care. 

Donna Bryant, Ph.D., senior scientist, University of North Carolina FPG Child Development Institute (Chapel Hill, NC), who 

urged members of the committee to make high-quality care a part 

of the foundation of the child care program, particularly by making 

a concerted effort to improve the child care workforce by supporting 


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increased training opportunities, mentorship, professional development, and programs to support educational attainment. 

Charlotte Brantley, president & chief executive officer, Clayton 

Early Learning (Denver, CO), who described the role that community-based providers play in providing access to high-quality care 

for young children using CCDBG, Head Start, and local preschool 

funding. 

CCDBG Reauthorization: Helping to Meet the Child Care Needs of 

American Families (07/26/2012) 

Panel I 

Linda K. Smith, Deputy Assistant Secretary and Inter-Departmental Liaison for Early Childhood Development, Administration 

for Children & Families, U.S. Department of Health and Human 

Services (Washington, DC), who described the Obama administration’s principles for reauthorization, including: improving quality; 

supporting increased access; facilitating informed parental and 

family choice; promoting continuity of care for children and families 

who benefit from CCDBG; and ensuring program integrity. 

Panel II 

Janet Singerman, president, Child Care Resources, Inc. (Charlotte, NC), who spoke of the numerous initiatives undertaken in 

North Carolina to improve the quality of care for children and families including Smart Start—a nationally recognized initiative to 

improve the school readiness of children by addressing early care 

and education, family support and child health issues. 

Rolf Grafwallner, Ph.D., Asst. State Supt., Early Childhood Development, Maryland State Dept. of Education (Baltimore, MD), 

who described how States could improve service delivery by focusing on workforce improvements and pursuing other initiatives to 

better subsidize early care and education through mechanisms 

such as better integrating CCDBG with existing Federal early 

learning programs to provide greater access to subsidized care for 

young children. 

Philip Acord, executive director, Children’s Home (Chattanooga, 

TN), who explained how the emergence of the child care subsidy 

changed the way that child care operators provided services to children in Chattanooga and throughout Tennessee and recommended 

reforms to CCDBG, including requiring re-determinations for eligibility on an annual basis. 

Susana Coro, assistant teacher, Falls Church-McLean Children’s 

Center (Falls Church, VA), who spoke about how the subsidy program had helped her provide care for her child with a developmental disability and how the program could be improved to ensure that families who earn moderate wage increases are not removed from the subsidy system without some form of continuing 

support. 

COMMITTEE CONSIDERATION

On June 4, 2013, Senators Mikulski, Burr, Harkin, and Alexander introduced S. 1086, the Child Care and Development Block 

Grant Act of 2014. On September 18, 2013, the committee met in 


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executive session to consider the Child Care and Development 

Block Grant Act of 2014. Senator Harkin offered an amendment as 

a complete substitute and it was agreed to unanimously by all 

members present. 

IV. EXPLANATION OF LEGISLATION AND COMMITTEE VIEWS

OVERVIEW

The Child Care and Development Block Grant Act of 2014 reauthorizes CCDBG through 2019 at a level of discretionary appropriations of such sums, as may be necessary, to carry out the program. 

The current 2014 appropriation is approximately $2.4 billion. 

PROGRAM GOALS

The Child Care and Development Block Grant Act of 2014 

amends the current goals of the program. The legislation creates 

six new goals: (1) to assist States in providing high-quality child 

care services to parents trying to achieve independence from public 

assistance; (2) 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 under 

the Act and State law; (3) to improve school readiness by having 

children, families, and caregivers engage in activities in child care 

settings that are developmentally and age-appropriate and promote 

children’s language, literacy, and mathematics skills, social and 

emotional development, physical health and development, and approaches to learning; (4) to encourage States to provide consumer 

education information to assist parents in making informed choices 

about child care services; (5) to increase the number and percentage of low-income children in high-quality settings; and (6) to improve the coordination and delivery of early childhood education 

and care, including child care. 

These new goals have been added to reinforce parental and family choice in determining the best setting for children while also 

placing a renewed focus on the quality of care. 

LEAD AGENCY & STATE PLAN

The legislation amends the Act to allow Governors to designate 

a collaborative agency or establish a joint interagency office to 

serve as the lead agency responsible for administering the program. It also extends the period for which the State plan is designed to be implemented from 2 years to 3 years to provide States 

more time to carry out the improvements contained in the legislation. 

NUTRITION AND PHYSICAL ACTIVITY

The committee recognizes that over a quarter (27 percent) of children aged 2–5 years are overweight and obese. Children who are 

overweight between ages 2–5 years are five times more likely to be 

overweight at age 12 years. Obesity is associated with serious 

health problems in children, including hypertension, type 2 diabetes, hip and joint problems, as well as serious emotional stress, including low self-esteem, depression and bullying. Nonetheless, the 

committee is encouraged by recent findings from the Centers for 


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Disease Control and Prevention (CDC) that after decades of rising 

rates, obesity among low-income preschoolers declined slightly in 

19 States and U.S. territories from 2008 through 2011. The committee is aware that CDC identified helping child care providers 

use best practices for improving nutrition, increasing physical activity, and decreasing computer and television time as among strategies that the Federal Government is pursuing to prevent obesity. 

CDC also noted that population-level changes in behavior such as 

increases in breastfeeding might have contributed to declines in 

obesity. 

Recognizing that a large and growing body of research has found 

that nutrition and physical activity are important determinants in 

children’s academic success, the committee encourages States to include requirements in their State plans related to nutrition and access to physical activity, which could include best practices for 

early infant feeding and screen time reduction strategies (time 

spent viewing non-educational television, smart phones, videos, 

computers, video games or other screens). 

Educating caregivers on appropriate nutrition and physical activity is essential to prevent long-term negative health and developmental implications associated with obesity. Currently, 19 States 

have pre-service training related to nutrition for child care centers 

while only 15 States have the same requirement for home-based 

caregivers. Addressing obesity prevention is of particular concern 

in child care settings as it is critical for children in their early 

years to develop healthy behaviors relating to nutrition and physical activity. Furthermore, early obesity can track to adulthood, 

leading to lifelong consequences. For these reasons, the committee 

encourages States to target investments toward this type of training so that caregivers are aware of the appropriate nutrition and 

physical activity needs of the children they serve. 

HEALTH AND SAFETY

The committee believes that the law in its current form is inadequate to ensure the basic health and safety of children supported 

through CCDBG. National polling indicates that the majority of 

parents who benefit from the CCDBG program believe that the providers who took care of their children have undergone comprehensive criminal history checks, have training in health and safety, 

and are regularly inspected and monitored. However, the procedures implemented by States to ensure the health and safety of 

children in CCDBG-supported settings vary and are simply not inline with the common perception of what a family will receive when 

they send their child to a subsidized child care provider. 

For instance, while 30 States report having training requirements specifically for providers serving infants and toddlers, such 

training has a tendency to be limited in scope and duration. The 

committee believes that there are certain precautionary measures 

States and providers should undertake to better protect children. 

For instance, 20 percent of the deaths related to sudden infant 

death syndrome (SIDS) occur in child care settings. According to 

the Centers for Disease Control and the American Academy of Pediatrics, half of the fatalities associated with SIDS would be entirely preventable with effective training and correct sleep practices. The committee hopes to stem the prevalence of these fataliVerDate Mar 15 2010 06:34 Feb 28, 2014 Jkt 039010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6601 E:\HR\OC\SR138.XXX SR138

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ties in child care settings by instituting health and safety requirements that include mandatory pre-service training in safe sleep 

practices to ensure that providers are aware of the dangers of SIDS 

and may take proactive steps to avoid it. 

In recognition of the growing need to adequately prepare for 

emergencies and disasters, the legislation also includes a requirement that child care providers receive training and take adequate 

precautionary measures in preparation for emergencies and disasters. The National Commission on Children and Disasters, established in 2007, provided recommendations to the States including 

standards essential to disaster preparedness and safety in settings 

serving children. They include: the development of an evaluation 

and relocation plan, which includes the designation of a relocation 

site and evacuation route; the development of a family-child reunification plan, including procedures for notifying parents or other 

caregivers of the relocation; a plan to address the needs of individual children, including children with special needs; procedures 

for the reassignment of staff duties, as appropriate; and procedures 

for communicating with local emergency management officials or 

other appropriate State or local authorities. As of 2013, a number 

of States meet these standards for emergency preparedness and response planning. The committee recognizes that the Administration 

for Children and Families has disseminated helpful resource guides 

to the States on emergency and disaster preparedness and that the 

Federal Emergency Management Agency has communicated vital 

information on the same topic to Governors. The committee encourages the Department of Health and Human Services’ and the Federal Emergency Management Agency’s continued efforts to provide 

States with appropriate guidance as they develop these plans for 

the child care providers in their States. 

Another critical component to the legislation is the inclusion of 

ongoing inspection and monitoring for child care providers in licensed settings. Currently, States vary to a great degree in the frequency of monitoring and inspection of child care facilities. In some 

States, child care facilities will not receive a pre-licensure inspection until they reach a certain threshold of children. In others, facilities receive pre-licensure inspections as soon as they begin serving a child and can expect an inspection every 4 months. The committee believes that regular and ongoing inspections of child care 

providers and facilities are necessary to ensure that children remain safe and healthy. The legislation requires that licensed child 

care providers receive at least one pre-licensure inspection and that 

they undergo at least one unannounced annual inspection for each 

fiscal year in which they receive support through CCDBG. While 

the legislation does not require a similar procedure for unlicensed 

providers, which serve nearly 1 in every 5 children who receive 

care through CCDBG, it does require States to describe how exempting certain providers or facilities from licensure will not endanger the health, safety or development of children in such settings. Beyond the expectations set forth in the legislation, the decision of the intensity and frequency of pre-licensure and ongoing inspections should certainly rest with the States, as they are the best 

suited to understand the needs of the children and families in their 

jurisdictions and have an acute understanding of State and Federal 


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resources at hand to carry out meaningful inspection and monitoring activities. 

CRIMINAL BACKGROUND CHECKS

Another critical safeguard included in the legislation is the requirement of mandatory criminal history checks for prospective and 

current child care providers who receive support through CCDBG. 

In 2011, a report from the Government Accountability Office (GAO) 

stated that child care providers at Federal child care facilities must 

undergo criminal history checks and that all States currently conduct criminal history checks on licensed child care providers and 

employees. However, the report also mentioned that some States do 

not require such checks for providers and employees in unlicensed 

settings. The GAO also stated that, at the time of the writing of 

the report, only three States required criminal history checks for 

all licensed and unlicensed child care providers and that several 

States exempted certain providers associated with schools or religious organizations from criminal history check requirements. Unfortunately, even in licensed settings, the GAO found that individuals convicted of sex offenses, including those against minors, had 

been allowed access to child care facilities either as a result of employment by a relative or acquaintance or simply through a failure 

to perform pre-employment criminal history checks. 

The legislation includes a requirement that all child care providers and their employees must undergo comprehensive criminal 

background checks prior to employment or to maintain current employment. While the committee believes that these checks will go 

further to ensure the safety of children and promote peace of mind 

among families, it also believes that these checks must be performed in accordance with existing Federal and State laws. 

Throughout the course of the long legislative process leading up to 

the committee passage of this legislation, many expressed concerns 

about the potential negative consequences that these checks may 

carry with them. Chief among these concerns was that these checks 

could have a disproportionately negative impact on certain communities where criminal violations for drug use are more pronounced. 

It is certainly not the intention of the committee that these checks 

have a disparate impact on any particular population, or populations. Furthermore, the legislation allows, at the State’s election, 

that individuals who have received a felony criminal conviction for 

drug-use may receive an individualized review from the State consistent with Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, religion, sex or national origin. 

Another concern of the committee relates to individuals’ privacy 

and ensuring that personal information was not released through 

the administration of criminal history checks. In response, the committee takes steps to ensure that an individual’s privacy is guarded 

by restricting employers from obtaining information beyond an individual’s employment eligibility. Further, the legislation disallows 

the State from publishing information related to an individual’s 

criminal history check, or any other information that would lead to 

the identification of an individual who had undergone a criminal 

history check. 


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Because this requirement will require some States to make statutory changes, the legislation provides States 2 years from the date 

of enactment of the legislation to comply with the background 

checks requirement. Should a State require more time, that State 

may petition the Secretary of Health and Human Services for a 

delay of no greater than 1 year. If the State is unable to establish 

or enhance an infrastructure to allow for these criminal history 

checks to be carried out according to the legislation, the Secretary 

must withhold 5 percent of the funds, in the aggregate, that the 

State would have otherwise received to carry out CCDBG. 

CHILDREN WITH SPECIAL NEEDS

The committee believes that all children should have access to 

high-quality child care services, including those that provide early 

learning experiences. For this reason, the committee took great 

care in ensuring that child care programs supported through 

CCDBG would be well-suited for children with special needs and 

their families. The Act asks States to explain how they will meet 

the needs of children with special needs, through means which include, but are not limited to, targeting assistance to families whose 

children are diagnosed with a disability or delay. Further, the legislation asks States to keep in mind the unique needs of children 

with disabilities when developing a framework for professional development. These initiatives can be supported through the general 

or infant and toddler quality expenditures States must reserve. 

States must also ensure that consumer education information is 

publicly available so that families can be aware of the services offered through the Individuals with Disabilities Education Act 

(IDEA) part B program, preschool program, and infant and toddler 

services under part C. 

The committee views these changes, and others incorporated in 

the legislation, as significant and meaningful improvements to the 

child care delivery system that will enable low-income parents of 

young children with disabilities a chance to work while ensuring 

children with disabilities have access to child care programs that 

will meet their special needs. 

CONTINUITY OF CARE

The primary goal of this legislation is to develop and foster highquality child care programs that best suit the needs of families as 

they pursue the dual goals of financial self-sufficiency and promoting the healthy development and school success of their children. With those two goals in mind, the committee believes it is important for States to emphasize continuity of care when developing 

eligibility policies. Continuity of care supports financial self-sufficiency by offering working families stability to establish a strong 

financial foundation while also preparing children for school by creating stable conditions necessary for healthy child development 

and, for young children, early learning. 

Many families receive CCDBG assistance for only short periods 

of time and have frequent periods of cycling on and off the program. For example, a five-State study from 2002 showed that the 

median length of child care subsidy receipt is often very short, 

ranging from 3 to 7 months. Short periods of care can be the result 

of a variety of factors, but developing eligibility policies that proVerDate Mar 15 2010 06:34 Feb 28, 2014 Jkt 039010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6601 E:\HR\OC\SR138.XXX SR138

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vide increased continuity for families that continue to need child 

care assistance would offer valuable support and relief to families 

working toward long-term stability. 

Research has shown that children have better educational and 

developmental outcomes when they have continuity in their child 

care arrangements. For young children, safe, stable environments 

provide the opportunity to develop the relationships and trust necessary to comfortably explore and learn from their surroundings. 

Concurrently, research has shown that frequent changes in care arrangements are associated with higher levels of distress and negative behavior in infants and toddlers. 

For these reasons, the legislation establishes a minimum initial 

eligibility period of 12 months prior to re-determination for families 

who receive CCDBG benefits through grants, contracts, or certificates, consistent with practices that exist in a majority of States. 

Children will remain eligible for CCDBG benefits throughout the 

12-month period regardless of a temporary change in the ongoing 

status of the child’s parent as working or attending a job training 

program as long as the parent or family’s income does not exceed 

85 percent of the State’s median income. Furthermore, States must 

account for irregular fluctuations in income that may occur during 

initial or re-determination. The committee believes this is particularly important for families who rely on work that is unpredictable 

or seasonal in nature, such as agriculture work or work associated 

with tourism industries. However, CCDBG requirements for eligibility are not changed in this legislation. 

The legislation also requires States to make meaningful efforts 

to ensure that re-determination processes will not unduly disrupt 

the employment, education, or participation in job-training of parents. Many States currently implement re-determination strategies 

to accomplish this by verifying income and employment by electronic means as opposed to more onerous practices such as asking 

parents and families to assemble at a certain place at a specific day 

and time, without which a parent or family cannot benefit from the 

subsidy. 

At the option of a State, it may discontinue assistance for families within the 12-month period if there is demonstrated evidence 

of prolonged cessation in work, education, or training activities. 

While the legislation grants States a great degree of flexibility in 

administering their programs, the committee also strongly discourages States from exercising this option if the intended effect is to 

abruptly discontinue assistance if there are brief periods when a 

parent is not engaged in work, education, or training activities during the 12-month period for which parents’ children are eligible for 

assistance. If a State chooses to exercise this option, it must demonstrate that it will continue to provide financial assistance to parents for a period of not less than 3 months to allow such parents 

to engage in job search, resume work, or to attend an education or 

training program as soon as possible. 

At the end of an eligibility period of not less than 12 months, if 

a parent’s income exceeds the maximum income required for eligibility, a State must allow for the provision of continued assistance 

to these parents as long as they are still engaged in work, education, or training activities and their income does not exceed 85 

percent of the State’s median income. The committee does not want 


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to discourage families engaged in work from pursuing greater opportunities in the form of increased wages or earnings. During the 

third and final hearing the subcommittee on children and families 

held on the CCDBG program, a parent described how she became 

ineligible for assistance due to her increase in income, though she 

was only in marginally better circumstances and was employed by 

the same child care provider her young son attended. The committee believes that this type of practice runs counter to the intent 

of the program and does a great disservice to the adults who rely 

on child care assistance to seek employment or remain employed, 

and also to their children who may benefit tremendously from the 

provision of high-quality care. 

The committee strongly believes that if families are truly to 

achieve self-sufficiency that CCDBG cannot perversely incentivize 

families to forgo modest raises or bonuses for fear of losing assistance under the CCDBG program. Many States have pursued creative methods to ensure that families who experience increases in 

earnings are not unduly affected during re-determination. Some 

States accomplish this by having tiered eligibility systems wherein 

families may become initially eligible for assistance at a certain 

percentage of the State’s median income but will not become ineligible for assistance if their earnings increase within a certain 

range over the course of their eligibility period. 

The legislation is by no means exhaustive in its description of 

policies to promote continuity of care for children and the committee encourages States to develop and explore other policies or 

practices that promote stability for families receiving CCDBG, such 

as policies that take into account the developmental needs of children, timely eligibility determination and processing of applications, and policies that promote employment and income advancement for parents. 

Furthermore, the committee recognizes the unique needs of 

homeless families and was pleased to make changes to address certain challenges experienced by homeless children. Homeless families often are not able to maintain vital documents. Many families 

become homeless in circumstances that do not allow them to gather 

and preserve documents, such as domestic violence, eviction and 

natural disasters. Mobility and extreme poverty can lead to loss of 

documents families do maintain. Therefore, it is the intent of the 

committee that homeless children’s access to child care subsidies 

and child care services not be delayed due to their inability to provide required documentation. Children must be allowed to receive 

child care services while their families compile documentation. 

States should develop and adopt policies and procedures to permit 

immediate enrollment of homeless children, similar to those provided under Subtitle VIIB of the McKinney-Vento Homeless Assistance Act. Once enrolled and receiving child care, families can continue to request and obtain necessary documents from the appropriate authorities. 

PARENTAL CHOICE

The legislation reasserts that a primary goal of CCDBG is ‘‘to 

promote parental choice to empower working parents to make their 

own decisions regarding the child care that best suits their family’s 

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eration here is meant to emphasize that parental choice remains a 

guiding principle of the program. Congress clearly intended to meet 

this objective by maximizing child care options through the introduction of the ‘‘child care certificate,’’ which affords parents the 

flexibility to choose among the widest range of child care providers 

and services, including both sectarian and non-sectarian in nature. 

Grants and contracts will continue to remain an option for States 

to provide direct services to children. These methods are particularly helpful in meeting the needs of specific populations of children and are well-suited to provide services in specific geographical 

areas. This, however, in no way detracts from the ability of States 

to maintain the use of certificates, which offer eligible parents the 

broadest array of options and afford parents maximum choice. Recent data from the Department of Health and Human Services indicates that approximately 90 percent of children receiving child 

care assistance were served through certificates. 

CHILD CARE QUALITY

When the CCDBG program was initially created in 1990, and 

then reauthorized in 1996, it was primarily seen as a work support 

program for low-income working families, particularly mothers. In 

addition to this critical feature, significant developments in the 

realm of brain research and child development compel the committee to orient the program as one that is equally, if not more, 

committed to the healthy physical, cognitive, social, and emotional 

development of children, especially those in the first several years 

of life. 

In 2000, the National Research Council (‘‘the council’’) released 

its groundbreaking report From Neurons to Neighborhoods, which 

detailed the nature of early development and the role of early experiences on a child’s life. The council stated that, 

‘‘[f]rom the time of conception to the first day of kindergarten, development proceeds at a pace exceeding that of any 

subsequent stage of life . . . [w]hat happens during the first 

months and years of life matters a lot, not because this period 

of development provides an indelible blueprint for adult wellbeing, but because it sets either a sturdy or fragile stage for 

what follows.’’ 

The council went on to describe that young children rapidly develop foundational capabilities on which subsequent development 

builds. Further, the council stated that disparities in what children 

know and can do present themselves well before kindergarten 

entry. These disparities are highly predictive of future academic 

performance and are strongly associated with social and economic 

circumstances. 

Subsequent research has borne out and reinforced much of what 

the council distilled in its report which is why the committee views 

the reauthorization of CCDBG as a critical opportunity to place a 

greater emphasis on improving the level of quality in subsidized 

child care settings. According to data from 2011, well over half of 

the children who benefit from CCDBG subsidies are infants, toddlers, and preschool-aged children. However, the States operating 

and administering CCDBG vary to a great degree in the emphasis 

they place on providing children access to environments that nurVerDate Mar 15 2010 06:34 Feb 28, 2014 Jkt 039010 PO 00000 Frm 00012 Fmt 6659 Sfmt 6601 E:\HR\OC\SR138.XXX SR138

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ture their healthy development. This reauthorization attempts to 

set a base level of quality expectations and guidelines that are currently implemented by a growing number of States. 

For the foregoing reasons, the legislation increases the percentage of the total block grant (including mandatory funding) a State 

must spend on activities to improve the quality of child care provided to eligible families in the State and also provides a list of 11 

allowable activities for these funds, from which the State must 

choose no fewer than two. The allowable activities enumerated in 

the legislation are in-line with current efforts in the States and 

should serve to either complement the work currently done by 

States or to enhance their ability to perform additional activities 

that will benefit the children and families they serve. 

Improvements in the workforce are embedded throughout the 

legislation, but are prominently highlighted as an activity where 

States may direct their quality reservation funding. As stated by 

the chair of the Institute of Medicine’s Committee on Early Childhood Education and Care Workforce, 

‘‘[t]he research picture is clear—quality of care and education 

matters to the lives of young children, and teachers and caregivers are central to providing that quality.’’ 

And as the National Academy of Sciences noted in a 2012 report, 

the ‘‘interactions, behaviors, and teaching practices’’ of adults are 

influenced by such factors as the attitudes, education, training or 

professional development, compensation of teachers and caregivers. 

The committee recognizes that the varying levels of quality in 

child care can be directly linked to the quality of the workforce delivering that care. For that reason, the committee placed a particular emphasis on States providing caregivers and teachers the 

necessary support to increase their knowledge and skills through 

training, which may include the acquisition of a credential. Research highlights the benefits a skilled workforce can have on education attainment in child care settings. Furthermore, the committee applauds the efforts of certain States that have linked the 

attainment of a degree or credential relevant to child care work to 

higher wages for those workers. One promising program utilized in 

many States—called the Teacher Education and Compensation 

Helps Grants—provides scholarships to child care workers to complete course work in early childhood education and to increase their 

compensation. However, the committee does not intend, nor does it 

imply, that this legislation requires the attainment of a credential 

to receive support through CCDBG. 

The committee acknowledges these changes can have a positive 

impact on children served but also on building the professional 

child care workforce. To that end, the committee encourages States, 

particularly in section 6, to further their efforts in this regard. 

The legislation also makes a number of additions to the law to 

focus on the provision of high-quality care to infants and toddlers. 

Data from the Department of Health and Human Services show 

that nearly a third of the children who benefit from CCDBG are 

infants and toddlers. In some States, such as Louisiana, nearly half 

of the children benefiting from CCDBG are below the age of 3. As 

stated previously, the most remarkable period of growth for children occurs in their first few years of life and it is therefore critical 

that our youngest children are in settings that encourage their 


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positive cognitive, physical, social and emotional development. For 

this reason, it has been the longstanding practice of the Committee 

on Appropriations to reserve approximately $100 million in each 

year’s funding bills strictly for the purposes of improving the quality of care provided to infants and toddlers. 

Through the legislation, the committee augments and makes permanent the reservation for infant and toddler quality activities in 

recognition of the great importance of directing investments to this 

particular age population. The legislation requires a reservation of 

no less than 3 percent of the funding that State receives, in the aggregate (including mandatory funds), specifically for quality improvement activities for infants and toddlers. This is in addition to 

the reservation for quality activities referred to above. Using funding provided for CCDBG for fiscal year 2013, this reservation 

would amount to approximately $150 million. 

The committee provides a list of allowable activities for States to 

pursue that are reflective of the current practices of many States 

that have devoted significant attention and resources to improving 

care for infants and toddlers. For example, the legislation allows 

States to support a network of infant and toddler child care specialists who can help child care providers increase their knowledge and 

skills related to the provision of care for very young children. This 

is a practice supported in a majority of States and one that could 

serve as an invaluable resource to child care providers serving infants and toddlers. The legislation also allows States to use funds 

to target professional development and improve training for providers who serve infants and toddlers. To accomplish this, a State 

could choose to provide financial supports to providers to help cover 

the high costs of training or education. This is a practice currently 

undertaken in 39 States. 

The legislation also requests that States describe in their State 

plans how they will prioritize providing care for infants and toddlers, which can be demonstrated by prioritizing infants and toddlers through their certificate programs or through establishment 

or expansion of direct contracts and grants to providers that provide high-quality care to infants and toddlers. 

REGULATORY FLEXIBILITY

CCDBG, by virtue of being a block grant program, has traditionally promoted flexibility at the State and local level to approach the 

issue of affordable, safe child care. Because several other Federal 

programs and their attendant requirements are oftentimes applied 

in the same settings where CCDBG funds are used, practitioners 

in the field urged the committee to address sometimes contradictory Federal requirements. The committee included language providing for a waiver process by which States may seek relief from 

certain Federal laws that might prove unworkable on the local 

level. In return, the legislation instructs the Secretary of Health 

and Human Services to work within HHS, but also other agencies, 

to provide relief from those State-identified provisions only to the 

extent relief from those laws would not endanger the well-being of 

children. The committee believes this provision will provide clarity 

as well as provide States the freedom from conflicting requirements 

in the delivery of services to children served under the CCDBG 

program. 


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It is the intention of the committee that States exercise this provision in an attempt to maximize the effective administration and 

delivery of federally subsidized child care, and not for purposes 

that have a minor effect on child care. This provision was not intended, nor should it be interpreted, as one that can be used to undermine the goals and purposes of other laws. It is the expectation 

of the committee that if a State should ever request relief under 

this provision that it would only be done in cases where the relief 

sought was necessary to improve the delivery of services to children 

and families and that, in the absence of relief, the State’s ability 

to effectively administer the program would suffer. Should a State 

present a request wherein certain actions could be taken at the 

State or municipal level to reach the same ameliorative or salutary 

effect, it would not fall within the type of circumstance envisioned 

by the committee. 

V. COST ESTIMATE

Pending response from the Congressional Budget Office. 

VI. APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1, the Congressional Accountability Act, requires a description of the application of this bill 

to the legislative branch. S. 1086 reauthorizes the child care and 

development block grant to the States and does not amend any act 

that applies to the legislative branch. 

VII. REGULATORY IMPACT STATEMENT

Pursuant to the requirements of paragraph 11(b) of rule XXVI of 

the Standing Rules of the Senate, the committee has determined 

that the bill will not have a significant regulatory impact. 

VIII. SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section designates the bill as the ‘‘Child Care and Development Block Grant Act of 2014.’’ 

Section 2. Short title and purposes 

This section lays out the purposes of the CCDBG program. 

Section 3. Authorization of appropriations 

This section authorizes such sums as may be necessary for each 

of the fiscal years 2014 through 2019. 

Section 4. Lead agency 

This section requires the Governor of a State interested in receiving CCDBG funding to designate an agency, or establish a joint 

interagency office, to serve as the lead agency for the State with 

respect to CCDBG. Also provides Indian tribes or organizations an 

option to work with the State in development of State plan. 


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Section 5. Application & plan 

Period covered by a plan 

This section requires that State plans be implemented in a 3- 

year period. 

Monitoring & inspection reports 

This section requires States, not later than 1 year after coming 

into compliance with the licensing and regulatory requirements required under this law (could not exceed 3 years after enactment of 

law), to make public by electronic means the results of monitoring 

and inspection reports, including those due to major, substantiated 

complaints, about failure to comply with this Act and State child 

care policies. Further, States must publish the number of deaths, 

serious injuries, and instances of substantiated child abuse that occurred in child care settings each year. Finally, States must make 

public information on the date inspections occurred and, where applicable, information on the corrective action taken. 

Consumer education information 

This section requires States to collect and disseminate information to help promote informed child care choices, including information regarding: (1) the quality and availability of child care services 

provided through CCDBG; (2) quality of providers (if available); (3) 

the State processes for licensing child care providers, conducting 

background checks, and monitoring of providers; (4) the availability 

of assistance to obtain child care services both at Federal and State 

level; (5) other financial assistance programs that families may be 

eligible for; and (6) research and best practices concerning children’s development. This section further requires States to collect 

and disseminate information on developmental screenings and how 

families can utilize State and local resources to access such 

screenings. 

Compliance with State licensing requirements 

This section requires States to certify that they have in effect licensing requirements applicable to child care services provided 

within the State. It also requires States to provide a detailed description of such requirements and how they are effectively enforced. Further, States that use CCDBG funding to support licenseexempt care must describe, in their State plan, why such licenseexempt care does not endanger the health, safety, or development 

of children. A State may request relief from a provision of Federal 

law if it conflicts with these requirements. 

Training requirements 

This section requires States to describe their workforce training 

requirements that are designed to enable child care providers to 

promote the social, emotional, physical, and cognitive development 

of children. States must provide an assurance that their workforce 

training requirements (1) include a set of workforce and competency standards for child care providers; (2) are developed in consultation with the State Advisory Council on Early Childhood Education and Care; (3) include an evidence-based training framework 

designed to promote children’s learning, development, and schoolVerDate Mar 15 2010 06:34 Feb 28, 2014 Jkt 039010 PO 00000 Frm 00016 Fmt 6659 Sfmt 6601 E:\HR\OC\SR138.XXX SR138

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readiness; (4) incorporate knowledge and application of the State’s 

early learning and developmental guidelines and, where applicable, 

the State’s child development and health standards; and (5) to the 

extent practicable, are appropriate for a population of children that 

includes different age groups (infants, toddlers, preschoolers), 

English learners, children with disabilities, and Indians. 

Progression of professional development 

In developing their workforce training requirements, this section 

requires States to develop a statewide progression of professional 

development designed to improve the skills and knowledge of the 

workforce, which may include the acquisition of course credit in 

postsecondary education or of a credential aligned with the framework, and shall be accessible to providers supported through Indian tribes or tribal organizations that receive CCDBG funding. 

The State shall engage the State Advisory Council on Early Childhood Education and Care—and may engage institutions of higher 

education and other training providers—in aligning training opportunities with the State’s framework. This section prohibits the Secretary of Health and Human Services from requiring individuals 

who provide child care services through CCDBG to acquire credentials. It further clarifies that nothing in this section shall be construed to prohibit a State from requiring a credential. 

Child-to-provider ratio standards 

This section requires States to describe their child care standards 

regarding group size limits for specific age populations, the appropriate ratio between the number of children and the number of providers, and required qualifications for providers. This section allows the Secretary of Health and Human Services to offer guidance 

to States on child-to-provider ratios, but does not require States to 

maintain or establish specific child-to-provider ratios for CCDBG. 

Health & safety requirements 

This section requires States to certify that they have in effect requirements designed to protect the health and safety of children in 

the CCDBG program. These requirements shall include health and 

safety topics consisting of (1) the prevention and control of infectious diseases and the establishment of a grace period that allows 

homeless children to receive services under this Act while their 

families are taking any necessary action to comply with immunization and other health and safety requirements; (2) hand-washing 

and universal health precautions; (3) the administration of medication, consistent with standards for parental consent; (4) the prevention of and response to emergencies due to food and other allergic 

reactions; (5) prevention of sudden infant death syndrome and uses 

of safe sleeping practices; (6) sanitary methods of food handling; (7) 

building and physical premises safety; (8) 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); (9) the handling and storage of hazardous materials and the 

appropriate disposal of bio-contaminants; (10) identification of and 

protection from hazards that can cause bodily injury (electrical hazards, bodies of water, vehicular traffic); (11) precautions for transporting children, if applicable: (12) first aid and cardiopulmonary 


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resuscitation; and (13) minimum health and safety training appropriate to the provider setting involved that addresses each of the 

matters described above. States may also establish requirements 

related to physical activity and nutrition. Nothing in this section 

is intended to require a State to repeal or amend laws or regulations that allow children who have not been immunized to be enrolled in child care. 

Compliance with State & local health & safety requirements 

This section requires States to certify that procedures are in 

place to ensure that CCDBG providers within their State comply 

with all applicable State or local health and safety requirements. 

Enforcement of licensing & other regulatory requirements 

This section requires States, within 2 years of enactment of this 

Act, to certify that they have in effect policies and practices to 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 abuse prevention and detection, program management, child development, and relevant law enforcement. In addition, States must ensure that licensing inspectors (or a qualified 

inspector designated by the lead agency) perform (1) not less than 

one pre-licensure health, safety, and fire inspection of each child 

care provider and facility in the State; and (2) not less than annually, a health, safety, and fire inspection (which shall be unannounced) of each child care provider and facility (inspections can 

occur all at once or at multiple times). Further, the ratio of licensing staff to such child care providers and facilities in the State 

must be maintained at a level sufficient to enable the State to conduct inspections of providers and facilities in a timely manner and 

must be consistent with research findings and best practices. 

Compliance with child abuse reporting requirements 

This section requires States to certify that child care providers 

within the State will comply with the child abuse reporting requirements of the Child Abuse Prevention and Treatment Act 

(CAPTA). 

Meeting the needs of certain populations 

This section requires States to describe how they will develop 

and implement strategies (which may include the provision of compensation at higher payment rates and bonuses to child care providers) to increase the supply and improve the quality of child care 

for: (1) children in underserved areas, including rural areas; (2) infants and toddlers; (3) children with disabilities as defined by the 

State; and (4) children who receive care during non-traditional 

hours. 

Protection for working parents 

This section requires States to describe the procedures and policies in place to ensure that working parents are not required to unduly disrupt their employment in order to comply with the State’s 

requirements for redetermination of eligibility for assistance 

through CCDBG. States shall ensure that each child that receives 


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assistance through CCDBG will receive assistance for not less than 

12 months (regardless of changes in family income so long as family income does not exceed 85 percent of the State median income 

for a family of the same size) before the State re-determines the eligibility of the child. States will be required to demonstrate how 

their initial determination and redetermination processes take into 

account irregular fluctuations in earnings. States will also be required to describe the policies and procedures in place to allow for 

provision of continued assistance (for a period not to exceed 12 

months) to children of working parents who become ineligible for 

assistance during the redetermination process due to a modest increase in the parents’ income. 

Coordination with other programs 

In order to expand accessibility and continuity of quality childhood education and care, and assist children enrolled in kindergarten, Early Head Start, or Head Start programs to receive fullday services, this section requires States to coordinate with Head 

Start; Early Head Start; ESEA; the Individuals with Disabilities 

Act; Maternal, Infant, and Early Childhood Home Visiting programs; State, tribal, and locally funded early childhood education 

and care programs; programs serving homeless children; and other 

Federal programs supporting early childhood education and care 

activities including child care programs funded through State veterans affairs offices (where applicable). 

Public-private partnerships 

This section requires States to demonstrate how they are encouraging partnerships among State agencies, other public agencies, Indian tribes and tribal organizations, and private entities, to leverage existing service delivery systems and to increase the supply 

and quality of child care services for children who are less than 13 

years of age. 

Priority for low-income populations 

This section requires States to describe the process by which they 

propose to give priority to children of families in areas that have 

significant concentrations of poverty and unemployment. 

Consultation 

This section requires certification that State plans have been developed in consultation with the State Advisory Council on Early 

Childhood Education and Care (established pursuant to the Head 

Start Act). 

Payment practices 

So as to provide stability of funding and encourage more child 

care providers to serve children through the CCDBG program, this 

section requires States to certify that their payment practices for 

child care providers that serve children who receive assistance 

through CCDBG reflect generally accepted payment practices of 

child care providers in the State that serve children who do not receive assistance through CCDBG. 


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Early learning and developmental guidelines 

This section requires States to provide an assurance that they 

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. These will apply to child care providers who are licensed or regulated by the State and not a relative 

of all children for whom the provider provides child care services. 

The guidelines shall be research-based, developmentally appropriate, and aligned with State standards for kindergarten through 

grade 3. States must provide an assurance that CCDBG dollars 

will not be used to develop or implement an assessment that will 

be the sole basis in a child care provider being determined to be 

ineligible to participate in the program, will not be used as the primary or sole basis to provide a reward or sanction for an individual 

provider, will not be used as the primary or sole method for assessing program effectiveness, or will not be used to deny eligibility to 

participate in the program. However, nothing in this section shall 

preclude a State from using a single assessment (if appropriate) for 

children for supporting learning or improving classroom environment; targeting professional development to a provider; determining the need for health, mental health, disability, developmental delay, or family support services; obtaining information for 

the quality improvement process; or conducting a program evaluation for the purposes of providing program improvement and parental involvement. Finally, nothing in this section shall be construed 

to authorize the Federal Government to mandate, direct, or control 

a State’s early learning guidelines. 

Direct services 

This section requires States to use at least 70 percent of CCDBG 

funding to pay for direct services (funding for access to eligible 

families for child care services). 

Payment rates 

This section requires States to certify that payment rates for the 

provision of child care services for which assistance is provided 

through CCDBG are sufficient to ensure equal access for eligible 

children to child care services in the State that are provided to children whose parents are not eligible to receive CCDBG assistance. 

Nothing in this section shall be construed to prevent a State from 

differentiating payment rates on the basis of geography, age or particular needs of children, whether the providers provide child care 

during weekends and other non-traditional hours, or the State’s determination that different payment rates are needed to enable a 

parent to choose high quality child care. 

Section 6. Activities to improve the quality of child care 

Reservation 

This section requires that States spend a certain percentage of 

their CCDBG funding on improving the quality of child care (the 

‘‘quality set-aside’’): no less than 6 percent of such funds in first 2 


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fiscal years after date of enactment of law; no less than 8 percent 

of such funds in third and fourth fiscal years after date of enactment; and no less than 10 percent of such funds in the fifth fiscal 

year after date of enactment and each succeeding year. In addition, 

States are required to spend at least another 3 percent of funds in 

the first fiscal year after enactment, and each succeeding year, to 

improve the quality of child care for infants and toddlers. 

Allowable activities 

This section lays out allowable activities with which ‘‘quality setaside’’ dollars must be spent. States are required to use this money 

to carry out no less than two of the below activities, provided directly or through grants or contracts with appropriate entities such 

as child care resource and referral organizations, to improve the 

quality of child care: 

1. Support the training, professional development, and professional advancement of the child care workforce through such activities as: 

• Offering child care providers training and professional development that is intentional and sequential and leads to a higher level 

of skill or certification; • 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; • 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; • 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; • Incorporating effective use of data to guide instruction and program improvement; • Including effective behavior management strategies and training, such as positive behavioral interventions and supports, that 

promote positive social and emotional development and reduce 

challenging behaviors; 

• At the option of the State, incorporating feedback from experts 

at the State’s institutions of higher education and other early 

learning and development experts and early childhood experts; 

• Providing training corresponding to the nutritional and physical activity needs of children to promote their healthy development; 

• Providing training or professional development for child care 

providers to serve and support children with disabilities; 

• Providing training and outreach on engaging parents and families in culturally and linguistically appropriate ways to expand 


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their knowledge, skills, and capacity to become meaningful partners in supporting their children’s learning and development; and • Providing training or professional development for child care 

providers regarding the early neurological development of children. 

2. Support the use of early learning guidelines by: 

• Developing and implementing the State’s early learning and 

developmental guidelines; and • Providing technical assistance to enhance early learning for 

preschool and school-aged children, to promote language and literacy skills, to foster school readiness, and to support later school 

success. 

3. Developing and implementing a tiered quality rating system 

for child care providers which shall: 

• Support and assess the quality of child care providers in the 

State; • Build on licensing standards and other State regulatory standards for such providers; • Be designed to improve the quality of different types of child 

care providers; • Describe the quality of early learning facilities; • Build the capacity of State early learning programs and communities to promote parents’ and families’ understanding of the 

State’s early learning system and the ratings of the programs in 

which the child is enrolled; and 

• Provide, to the maximum extent practicable, financial incentives and other supports designed to 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: 

• 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 care and 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; 

• Establishing or expanding the operation of community or 

neighborhood-based family child care networks; 

• 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; 

• Carrying out initiatives to improve the quality of the infant 

and toddler child care workforce, such as providing relevant training, professional development or mentoring opportunities and linking such opportunities to career pathways, developing career pathways for such providers, and improving the State credentialing of 

eligible providers caring for infants and toddlers; and 

• If applicable, developing infant and toddler components within 

the State’s quality rating system described in paragraph (2)(F) for 


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child care providers for infants and toddlers, or development of infant and toddler components in a State’s child care licensing regulations or early childhood guidelines; • Improving the ability of parents to access information about 

high-quality infant and toddler care; and • 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 sleeping practices, first aid, and 

cardiopulmonary resuscitation). 

5. Promoting broad child care provider participation in the Quality Rating System; 

6. Establishing or expanding a statewide system of child care resource and referral services; 

7. Facilitating compliance with State requirements for inspection, 

monitoring, training, 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 their 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 highquality program standards relating to health, mental health, nutrition, physical activity, and physical development and/or provide resources to enable eligible child care providers to meet, exceed, or 

sustain success in meeting or exceeding such standards; and 

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. 

Certification 

Beginning with fiscal year 2014, this section requires States to 

annually submit a certification to the Secretary containing an assurance that they were in compliance with the quality set-aside requirements and describes how the State complied with these requirements in the preceding year. 

Reporting requirements 

This section requires each State to annually submit a report, 

which shall include information regarding: (1) the amount of funds 

that are used to carry out quality-related activities; (2) the types 

of quality-related activities the State uses funding for; and (3) the 

measures that the State will use to evaluate progress in improving 

the quality of child care programs and services. 

Technical assistance 

This section directs the Secretary of HHS to use its administrative funds to offer technical assistance to States. 


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Construction 

Nothing in this section shall be construed to provide the Secretary with the authority to regulate, direct, or dictate State child 

care quality activities or progress in implementing those activities. 

Section 7. Criminal background checks 

This section requires States that receive funds under the Child 

Care and Development and Block Grant (CCDBG) program to conduct comprehensive background checks (State and Federal fingerprint checks, sex offender registry check, and check of the child 

abuse and neglect registry) for all licensed, regulated, or registered 

providers. 

Further, this section makes individuals ineligible to be employed 

by a child care provider, operate a family child care home, or receive child care subsidies if such individual: 

• Refuses to consent to a criminal background check; • Makes false statements in connection with a background 

check; • Is registered or required to be registered on a State sex offender registry; or • Has been convicted of a violent crime (murder; a crime against 

children, including child pornography; spousal abuse; a crime involving rape or sexual assault; kidnapping; arson; or physical assault, battery, or a drug-related offense committed within the past 

5 years and subject to an individual review, at the choice of the 

State, for extenuating circumstances). 

This section requires that background checks be processed as expeditiously as possible, but not to exceed 45 days, and restricts fees 

to the actual cost (or less) to the State for the administration of 

background checks. Complete background checks are required to be 

repeated every 5 years and States must have an appeals process 

in place by which a child care staff member may appeal the results 

of a criminal background check, to challenge the accuracy or completeness of the information contained in the individual’s criminal 

background report. 

Section 8. Reports & information 

National toll-free hotline & Web site 

This section requires the Secretary to operate a national toll-free 

hotline and Web site to develop and disseminate information to 

help parents access safe, affordable, and quality child care in their 

community and to allow persons to report suspected child abuse or 

neglect or safety violations by an eligible child care provider that 

receives assistance through CCDBG. 

Request for relief 

Allows States to submit to the Secretary of HHS a request for 

relief from any provision of Federal law that might conflict with requirements outlined in this law (request must detail provision of 

Federal law that is in conflict, describe how modifying compliance 

with Federal law will improve delivery of services for children in 

the State, and certify that the health, safety, and well-being of children served will not be compromised as a result). The Secretary of 

HHS shall consult with the State and head of each Federal agency 


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with responsibility for administering the Federal law detailed in 

the State’s request. After this consultation, the head of the Federal 

agency involved shall have the authority to waive any statutory 

provision unless they determine that such a waiver is inconsistent 

with the objectives of this law. 

Section 9. Reservation for toll-free hotline & Web site; payment to 

benefit Indian children 

Authorization for toll-free hotline & Web site 

This section requires the Secretary to reserve at least $1 million 

annually for the operation of the national toll-free hotline and Web 

site. 

Licensing and standards for Indian children 

This section requires the Secretary of HHS, in consultation with 

Indian tribes or tribal organizations, to develop minimum child 

care standards that shall be applicable to Indian tribes and tribal 

organizations receiving assistance through the CCDBG program. 

Such standards 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. 

Section 10. Definitions 

This section includes new definitions for the following terms: 

• ‘‘Child with a disability’’; 

• ‘‘English learner’’; and 

• ‘‘Scientifically valid research’’. 

Section 11. Studies on waiting lists 

This section requires the GAO to conduct studies to determine, 

for each State, the number of families that: (1) are eligible to receive assistance through CCDBG; (2) have applied for CCDBG assistance; and (3) have been placed on a waiting list for CCDBG assistance. The study shall be submitted to Congress within 2 years 

of enactment of this law and every 2 years thereafter. 

IX. CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill as 

reported are shown as follows: Existing law proposed to be omitted 

is enclosed in øblack brackets¿, new matter is printed in italic, existing law in which no change is proposed is shown in roman: 

* * * * * * * 

CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990 

* * * * * * * 

øSEC. 658A. SHORT TITLE AND GOALS.¿ 

ø(a) SHORT TITLE.—This subchapter may be cited as the ‘‘Child 

Care and Development Block Grant Act of 1990’’. 

ø(b) GOALS.—The goals of this subchapter are— 


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ø(1) to allow each State maximum flexibility in developing 

child care programs and policies that best suit the needs of 

children and parents within such State; 

ø(2) to promote parental choice to empower working parents 

to make their own decisions on the child care that best suits 

their family’s needs; 

ø(3) to encourage States to provide consumer education information to help parents make informed choices about child care; 

ø(4) to assist States to provide child care to parents trying 

to achieve independence from public assistance; and 

ø(5) to assist States in implementing the health, safety, licensing, and registration standards established in State regulations.¿ 

SEC. 658A. SHORT TITLE AND PURPOSES. 

(a) SHORT TITLE.—This subchapter may be cited as the ‘‘Child 

Care and Development Block Grant Act of 1990’’. 

(b) PURPOSES.—The purposes of this subchapter are— 

(1) to allow each State maximum flexibility in developing 

child care programs and policies that best suit the needs of children and parents within that State; 

(2) to promote parental choice to empower working parents to 

make their own decisions regarding the child care that best 

suits their family’s needs; 

(3) to assist States in providing high-quality child care services to parents trying to achieve independence from public assistance; 

(4) to assist States in improving the overall quality of child 

care services and programs by implementing the health, safety, 

licensing, training, and oversight standards established in this 

subchapter and in State law (including regulations); 

(5) to improve school readiness by having children, families, 

and child care providers engage in activities, in child care settings, that are developmentally appropriate and age-appropriate 

for the children and that promote children’s language and literacy and mathematics skills, social and emotional development, physical health and development, and approaches to 

learning; 

(6) to encourage States to provide consumer education information to help parents make informed choices about child care 

services and to promote involvement by parents and family 

members in the education of their children in child care settings; 

(7) to increase the number and percentage of low-income children in high-quality child care settings; and 

(8) to improve the coordination and delivery of early childhood education and care (including child care). 

SEC. 658B. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated to carry out this øsubchapter $1,000,000,000 for each of the fiscal years 1996 through 

2002.¿subchapter, such sums as may be necessary for each of fiscal 

years 2015 through 2020. 

* * * * * * * 


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SEC. 658D. LEAD AGENCY. 

(a) DESIGNATION.—The øchief executive officer¿Governor of a 

State desiring to receive a grant under this subchapter shall ødesignate, in an application submitted to the Secretary under section 

658E, an appropriate State agency that complies with the requirements of subsection (b) to act as the lead agency.¿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) DUTIES.— 

(1) IN GENERAL.—The lead agency shall— 

(A) * * * 

* * * * * * * 

(C) in conjunction with the development of the State 

plan as required under subparagraph (B), hold at least one 

hearing in the State with sufficient time and Statewide 

distribution of the notice of such hearing, to provide to the 

public an opportunity to comment on the provision of child 

care services under the State plan; øand¿ 

(D) coordinate the provision of services under this subchapter with other Federal, State and local child care and 

early childhood development programsø.¿; and 

(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. 658E. APPLICATION AND PLAN. 

(a) APPLICATION.— * * * 

* * * * * * * 

(b) PERIOD COVERED BY PLAN.—The State plan contained in the 

application under subsection (a) shall be designed to be implemented during a ø2-year¿3-year period. 

(c) REQUIREMENTS OF A PLAN.— 

(1) LEAD AGENCY.—The State plan shall identify the lead 

agency designated or established under section 658D. 

(2) POLICIES AND PROCEDURES.—The State plan shall: 

(A) PARENTAL CHOICE OF PROVIDERS.—Provide assurances that— 

(i) * * * 

* * * * * * * 

(B) UNLIMITED PARENTAL ACCESS.—Certify that procedures are in effect within the State to ensure that child 

care providers who provide services for which assistance is 

made available under this subchapter afford parents unlimited access to their children and to the providers caring 

for their children, during the normal hours of operation of 

such providers and whenever such children are in the care 

of such providers, and provide a detailed description of 

such procedures. 

* * * * * * * 


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ø(D) CONSUMER EDUCATION INFORMATION.—Certify that 

the State will collect and disseminate to parents of eligible 

children and the general public, consumer education information that will promote informed child care choices. 

ø(E) COMPLIANCE WITH STATE LICENSING REQUIREMENTS.— 

ø(i) IN GENERAL.—Certify that the State 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. Nothing in 

the preceding sentence shall be construed to require 

that licensing requirements be applied to specific types 

of providers of child care services. 

ø(ii) INDIAN TRIBES AND TRIBAL ORGANIZATIONS.—In 

lieu of any licensing and regulatory requirements applicable under State and local law, the Secretary, in 

consultation with Indian tribes and tribal organizations, shall develop minimum child care standards 

(that appropriately reflect tribal needs and available 

resources) that shall be applicable to Indian tribes and 

tribal organizations receiving assistance under this 

subchapter. 

ø(F) ESTABLISHMENT OF HEALTH AND SAFETY REQUIREMENTS.—Certify 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 under this subchapter. Such requirements shall include— 

ø(i) the prevention and control of infectious diseases 

(including immunization); 

ø(ii) building and physical premises safety; and 

ø(iii) minimum health and safety training appropriate to the provider setting. 

øNothing in this subparagraph shall be construed to require the establishment of additional health and safety requirements for child care providers that are subject to 

health and safety requirements in the categories described 

in this subparagraph on the date of enactment of this subchapter under State or local law. 

ø(G) COMPLIANCE WITH STATE AND LOCAL HEALTH AND

SAFETY REQUIREMENTS.—Certify that procedures are in effect to ensure that child care providers within the State 

that provide services for which assistance is provided 

under this subchapter comply with all applicable State or 

local health and safety requirements as described in subparagraph (F). 

ø(H) MEETING THE NEEDS OF CERTAIN POPULATIONS.— 

Demonstrate the manner in which the State will meet the 

specific child care needs of families who are receiving assistance under a State program under part A of title IV of 

the Social Security Act, families who are attempting 

through work activities to transition off of such assistance 


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program, and families that are at risk of becoming dependent on such assistance program.¿ 

(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 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) 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 asVerDate Mar 15 2010 06:34 Feb 28, 2014 Jkt 039010 PO 00000 Frm 00029 Fmt 6659 Sfmt 6603 E:\HR\OC\SR138.XXX SR138

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sistance 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.— 


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(i) IN GENERAL.—The plan shall include a certification that the State involved has in effect licensing requirements applicable to child care services provided 

within the State, and provide a detailed description of 

such requirements and of how such requirements are 

effectively enforced. 

(ii) LICENSE EXEMPTION.—If the State uses funding 

received under this subchapter to support a child care 

provider that is exempt from the corresponding licensing requirements described in clause (i), the plan shall 

include a description stating why such licensing exemption does not endanger the health, safety, or development of children who receive services from child care 

providers who are exempt from such requirements. 

(iii) REQUESTS FOR RELIEF.—As described in section 

658I(d), a State may request relief from a provision of 

Federal law other than this subchapter that might conflict with a requirement of this subchapter, including 

a licensing requirement. 

(G) TRAINING REQUIREMENTS.— 

(i) IN GENERAL.—The plan shall describe the training requirements that are in effect within the State 

that are designed to enable child care providers to promote the social, emotional, physical, and cognitive development of children and that are applicable to child 

care providers that provide services for which assistance is provided in accordance with this subchapter in 

the State. 

(ii) REQUIREMENTS.—The plan shall provide an assurance that such training requirements— 

(I) provide a set of workforce and competency 

standards for child care providers that provide 

services described in clause (i); 

(II) are developed in consultation with the State 

Advisory Council on Early Childhood Education 

and Care (designated or established pursuant to 

section 642B(b)(1)(A)(i) of the Head Start Act (42 

U.S.C. 9837b(b)(1)(A)(i))); 

(III) include an evidence-based training framework that is designed to promote children’s learning and development and school readiness and to 

improve child outcomes, including school readiness; 

(IV) incorporate knowledge and application of 

the State’s early learning and developmental 

guidelines (where applicable), and the State’s child 

development and health standards; and 

(V) to the extent practicable, are appropriate for 

a population of children that includes— 

(aa) different age groups (such as infants, 

toddlers, and preschoolers); 

(bb) English learners; 

(cc) children with disabilities; and 

(dd) Native Americans, including Indians, 

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dian 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 DEVELOP- MENT.—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— 


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(i) shall relate to matters including health and safety 

topics (including prevention of shaken baby syndrome 

and abusive head trauma) consisting of— 

(I) the prevention and control of infectious diseases (including immunization) and the establishment of a grace period that allows homeless children to receive services under this subchapter 

while their families are taking any necessary action to comply with immunization and other 

health and safety requirements; 

(II) handwashing and universal health precautions; 

(III) the administration of medication, consistent 

with standards for parental consent; 

(IV) the prevention of and response to emergencies due to food and other allergic reactions; 

(V) prevention of sudden infant death syndrome 

and use of safe sleeping practices; 

(VI) sanitary methods of food handling; 

(VII) building and physical premises safety; 

(VIII) emergency preparedness and response 

planning for emergencies resulting from a natural 

disaster, or a man-caused event (such as violence 

at a child care facility), within the meaning of 

those terms under section 602(a)(1) of the Robert T. 

Stafford Disaster Relief and Emergency Assistance 

Act (42 U.S.C. 5195a(a)(1)); 

(IX) the handling and storage of hazardous materials and the appropriate disposal of biocontaminants; 

(X) identification of and protection from hazards 

that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic; 

(XI) for providers that offer transportation, if applicable, appropriate precautions in transporting 

children; 

(XII) first aid and cardiopulmonary resuscitation; and 

(XIII) minimum health and safety training, to be 

completed pre-service or during an orientation period, appropriate to the provider setting involved 

that addresses each of the requirements relating to 

matters described in subclauses (I) through (XII); 

and 

(ii) may include requirements relating to nutrition, 

access to physical activity, or any other subject area determined by the State to be necessary to promote child 

development or to protect children’s health and safety. 

(J) COMPLIANCE WITH STATE AND LOCAL HEALTH AND

SAFETY REQUIREMENTS.—The plan shall include a certification that procedures are in effect to ensure that child care 

providers within the State, that provide services for which 

assistance is made available in accordance with this subchapter, comply with all applicable State and local health 

and safety requirements as described in subparagraph (I). 


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(K) ENFORCEMENT OF LICENSING AND OTHER REGU- LATORY 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 REQUIRE- MENTS.—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 


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the Child Abuse Prevention and Treatment Act (42 U.S.C. 

5106a(b)(2)(B)(i)). 

(M) MEETING THE NEEDS OF CERTAIN POPULATIONS.—The 

plan shall describe how the State will develop and implement strategies (which may include the provision of compensation at higher payment rates and bonuses to child 

care providers, the provision of direct contracts or grants to 

community-based organizations, or other means determined 

by the State) to increase the supply and improve the quality 

of child care for— 

(i) children in underserved areas; 

(ii) infants and toddlers; 

(iii) children with disabilities, as defined by the 

State; and 

(iv) children who receive care during nontraditional 

hours. 

(N) PROTECTION FOR WORKING PARENTS.— 

(i) MINIMUM PERIOD.— (I) 12-MONTH PERIOD.—The plan shall demonstrate that each child who receives assistance 

under this subchapter in the State will be considered to meet all eligibility requirements for such 

assistance and will receive such assistance, for not 

less than 12 months before the State redetermines 

the eligibility of the child under this subchapter, 

regardless of a temporary change in the ongoing 

status of the child’s parent as working or attending 

a job training or educational program or a change 

in family income for the child’s family, if that family income does not exceed 85 percent of the State 

median income for a family of the same size. 

(II) FLUCTUATIONS IN EARNINGS.—The plan 

shall demonstrate how the State’s processes for initial determination and redetermination of such eligibility take into account irregular fluctuations in 

earnings. 

(ii) REDETERMINATION PROCESS.—The plan shall describe the procedures and policies that are in place to 

ensure that working parents (especially parents in families receiving assistance under the program of block 

grants to States for temporary assistance for needy 

families under part A of title IV of the Social Security 

Act (42 U.S.C. 601 et seq.)) are not required to unduly 

disrupt their employment in order to comply with the 

State’s requirements for redetermination of eligibility 

for assistance provided in accordance with this subchapter. 

(iii) PERIOD BEFORE TERMINATION.—At the option of 

the State, the plan shall demonstrate that the State 

will not terminate assistance provided to carry out this 

subchapter based on a factor consisting of a parent’s 

loss of work or cessation of attendance at a job training 

or educational program for which the family was receiving the assistance, without continuing the assistance for a reasonable period of time, of not less than 


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3 months, after such loss or cessation in order for the 

parent to engage in a job search and resume work, or 

resume attendance at a job training or educational program, as soon as possible. 

(iv) GRADUATED PHASEOUT OF CARE.—The plan shall 

describe the policies and procedures that are in place 

to allow for provision of continued assistance to carry 

out this subchapter, at the beginning of a new eligibility period under clause (i)(I), for children of parents 

who are working or attending a job training or educational program and whose family income exceeds the 

State’s income limit to initially qualify for such assistance, if the family income for the family involved does 

not exceed 85 percent of the State median income for 

a family of the same size. 

(O) COORDINATION WITH OTHER PROGRAMS.— 

(i) IN GENERAL.—The plan shall describe how the 

State, in order to expand accessibility and continuity of 

quality early childhood education and care, and assist 

children enrolled in prekindergarten, Early Head 

Start, or Head Start programs to receive full-day services, will coordinate the services supported to carry out 

this subchapter with— 

(I) programs carried out under the Head Start 

Act (42 U.S.C. 9831 et seq.), including the Early 

Head Start programs carried out under section 

645A of that Act (42 U.S.C. 9840a); 

(II) programs carried out under part A of title I, 

and part B of title IV, of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et 

seq., 7171 et seq.); 

(III) programs carried out under section 619 and 

part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.); 

(IV) the maternal, infant, and early childhood 

home visiting programs authorized under section 

511 of the Social Security Act (42 U.S.C. 711), as 

added by section 2951 of the Patient Protection 

and Affordable Care Act (Public Law 111–148); 

(V) State, Indian tribe or tribal organization, 

and locally funded early childhood education and 

care programs; 

(VI) programs serving homeless children and 

services of local educational agency liaisons for 

homeless children and youths designated under 

subsection (g)(1)(J)(ii) of section 722 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11432(g)(1)(J)(ii)); and 

(VII) other Federal programs supporting early 

childhood education and care activities, and, 

where applicable, child care programs funded 

through State veterans affairs offices. 

(ii) RULE OF CONSTRUCTION.—Nothing in clause (i) 

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scribed 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 researchbased, 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— 


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(I) will be the sole basis for a child care provider 

being determined to be ineligible to participate in 

the program carried out under this subchapter; 

(II) will be used as the primary or sole basis to 

provide a reward or sanction for an individual 

provider; 

(III) will be used as the primary or sole method 

for assessing program effectiveness; or 

(IV) will be used to deny eligibility to participate 

in the program carried out under this subchapter. 

(iv) EXCEPTIONS.—Nothing in this subchapter shall 

preclude the State from using a single assessment (if 

appropriate) for children for— 

(I) supporting learning or improving a classroom 

environment; 

(II) targeting professional development to a provider; 

(III) determining the need for health, mental 

health, disability, developmental delay, or family 

support services; 

(IV) obtaining information for the quality improvement process at the State level; or 

(V) conducting a program evaluation for the purposes of providing program improvement and parent information. 

(v) NO FEDERAL CONTROL.—Nothing in this section 

shall be construed to authorize an officer or employee 

of the Federal Government to— 

(I) mandate, direct, or control a State’s early 

learning and developmental guidelines, developed 

in accordance with this section; 

(II) establish any criterion that specifies, defines, 

or prescribes the standards or measures that a 

State uses to establish, implement, or improve— 

(aa) early learning and developmental 

guidelines, or early learning standards, assessments, or accountability systems; or 

(bb) alignment of early learning and developmental guidelines with State standards for 

education in kindergarten through grade 3; or 

(III) require a State to submit such standards or 

measures for review. 

(3) USE OF BLOCK GRANT FUNDS.— 

(A) GENERAL REQUIREMENT.—The State plan shall provide that the State will use the amounts provided to the 

State for each fiscal year under this subchapter øas required under¿in accordance with subparagraphs (B) 

through (D). 

(B) CHILD CARE SERVICES AND RELATED ACTIVITIES.— øThe State¿ 

(i) IN GENERAL.—The State shall use amounts provided to the State for each fiscal year under this subchapter for child care services on a sliding fee scale 

basis, activities that improve the quality or availability of such services, øand any other activity that 


rfrederick on DSK6VPTVN1PROD with HEARING
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the State deems appropriate to realize any of the goals 

specified in paragraphs (2) through (5) of section 

658A(b)¿activities that improve access to child care 

services, including use of procedures to permit immediate enrollment (after the initial eligibility determination and after a child is determined to be eligible) of 

homeless children while required documentation is obtained, training and technical assistance on identifying 

and serving homeless children and their families, and 

specific outreach to homeless families, and any other 

activity that the State determines to be appropriate to 

meet the purposes of this subchapter (which may include an activity described in clause (ii)), with priority 

being given for services provided to children of families with very low family incomes (taking into consideration family size) and to children with special needs. 

(ii) CHILD CARE RESOURCE AND REFERRAL SYSTEM.— 

(I) IN GENERAL.—A State may use amounts described in clause (i) to establish or support a system of local or regional child care resource and referral organizations that is coordinated, to the extent determined appropriate by the State, by a 

statewide public or private nonprofit, communitybased 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 subVerDate Mar 15 2010 06:34 Feb 28, 2014 Jkt 039010 PO 00000 Frm 00039 Fmt 6659 Sfmt 6603 E:\HR\OC\SR138.XXX SR138

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divisions 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) LIMITATION ON ADMINISTRATIVE COSTS.—* * * 

(D) ASSISTANCE FOR CERTAIN FAMILIES.—A State shall 

ensure that a substantial portion of the amounts available 

(after the State has complied with the requirement of section 418(b)(2) of the Social Security Act with respect to 

each of the fiscal years ø1997 through 2002¿2015 through 

2020) to the State to carry out activities under this subchapter in each fiscal year is used to provide assistance to 

low-income working families other than øfamilies described in paragraph (2)(H)¿families with children described in clause (i), (ii), (iii), or (iv) of paragraph (2)(M). 

(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). 

ø(4) PAYMENT RATES.— 

ø(A) IN GENERAL.—The State plan shall certify that payment rates for the provision of child care services for 

which assistance is provided under this subchapter are 

sufficient to ensure equal access for eligible children to 

comparable child care services in the State or substate 

area that are provided to children whose parents are not 

eligible to receive assistance under this subchapter or for 

child care assistance under any other Federal or State programs and shall provide a summary of the facts relied on 

by the State to determine that such rates are sufficient to 

ensure such access. 

ø(B) CONSTRUCTION.—Nothing in this paragraph shall 

be construed to create a private right of action.¿ 

(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 


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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); 


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(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. 

(5) SLIDING FEE SCALE.—The State plan shall provide that 

the State will establish and periodically revise, by rule, a sliding fee scale that provides for cost sharing (that is not a barrier 

to families receiving assistance under this subchapter) by the 

families that receive child care services for which assistance is 

provided under this subchapter. 

(d) APPROVAL OF APPLICATION.—* * * 

* * * * * * * 

SEC. 658F. LIMITATIONS ON STATE ALLOTMENTS. 

(a) NO ENTITLEMENT TO CONTRACT OR GRANT.—Nothing in this 

subchapter shall be construed— 

(1) * * * 

* * * * * * * 

(b) CONSTRUCTION OF FACILITIES.— 

(1) IN GENERAL.—* * * 

(2) SECTARIAN AGENCY OR ORGANIZATION.—In the case of a 

sectarian agency or organization, no funds made available 

under this subchapter may be used for the purposes described 

in paragraph (1) except to the extent that renovation or repair 

is necessary to bring the facility of such agency or organization 

into compliance with health and safety requirements referred 

to in øsection 658E(c)(2)(F)¿section 658E(c)(2)(I). 

øSEC. 658G. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.¿ 

øA State that receives funds to carry out this subchapter for a 

fiscal year, shall use not less than 4 percent of the amount of such 

funds for activities that are designed to provide comprehensive consumer education to parents and the public, activities that increase 

parental choice, and activities designed to improve the quality and 

availability of child care (such as resource and referral services).¿ 

SEC. 658G. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE. 

(a) RESERVATION.— (1) RESERVATION FOR ACTIVITIES RELATING TO THE QUALITY

OF CHILD CARE SERVICES.—A State that receives funds to carry 

out this subchapter for a fiscal year referred to in paragraph (2) 

shall reserve and use a portion of such funds, in accordance 

with paragraph (2), for activities provided directly, or through 

grants or contracts with local child care resource and referral 

organizations or other appropriate entities, that are designed to 

improve the quality of child care services and increase parental 

options for, and access to, high-quality child care, provided in 

accordance with this subchapter. 

(2) AMOUNT OF RESERVATIONS.—Such State shall reserve and 

use— 

(A) to carry out the activities described in paragraph (1), 

not less than— 

(i) 6 percent of the funds described in paragraph (1), 

for the first and second full fiscal years after the date 


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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 

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ment experts and early childhood education and care experts; 

(H) providing training corresponding to the nutritional 

and physical activity needs of children to promote healthy 

development; 

(I) providing training or professional development for 

child care providers to serve and support children with disabilities; 

(J) providing training and outreach on engaging parents 

and families in culturally and linguistically appropriate 

ways to expand their knowledge, skills, and capacity to become meaningful partners in supporting their children’s 

learning and development; and 

(K) providing training or professional development for 

child care providers regarding the early neurological development of children. 

(2) Supporting the use of the early learning and developmental guidelines described in section 658E(c)(2)(T) by— 

(A) developing and implementing the State’s early learning and developmental guidelines; and 

(B) providing technical assistance to enhance early learning for preschool and school-aged children in order to promote language and literacy skills, foster school readiness, 

and support later school success. 

(3) Developing and implementing a tiered quality rating system for child care providers, which shall— 

(A) support and assess the quality of child care providers 

in the State; 

(B) build on licensing standards and other State regulatory standards for such providers; 

(C) be designed to improve the quality of different types 

of child care providers; 

(D) describe the quality of early learning facilities; 

(E) build the capacity of State early childhood education 

and care programs and communities to promote parents’ 

and families’ understanding of the State’s early childhood 

education and care system and the ratings of the programs 

in which the child is enrolled; and 

(F) provide, to the maximum extent practicable, financial 

incentives and other supports designed to help child care 

providers achieve and sustain higher levels of quality. 

(4) Improving the supply and quality of child care programs 

and services for infants and toddlers through activities, which 

may include— 

(A) establishing or expanding neighborhood-based highquality 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 lowincome families; 

(B) establishing or expanding the operation of community 

or neighborhood-based family child care networks; 


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(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 


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provider preparedness, child safety, child well-being, or school 

readiness is possible. 

(c) CERTIFICATION.—Beginning with fiscal year 2015, at the beginning of each fiscal year, the State shall annually submit to the 

Secretary a certification containing an assurance that the State was 

in compliance with subsection (a) during the preceding fiscal year 

and a description of how the State used funds received under this 

subchapter to comply with subsection (a) during that preceding fiscal year. 

(d) REPORTING REQUIREMENTS.—Each State receiving funds 

under this subchapter shall prepare and submit an annual report 

to the Secretary, which shall include information about— 

(1) the amount of funds that are reserved under subsection 

(a); 

(2) the activities carried out under this section; and 

(3) the measures that the State will use to evaluate the State’s 

progress in improving the quality of child care programs and 

services in the State. 

(e) TECHNICAL ASSISTANCE.—The Secretary shall offer technical 

assistance, in accordance with section 658I(a)(3), which may include 

technical assistance through the use of grants or cooperative agreements, to States for the activities described in subsection (b). 

(f) CONSTRUCTION.—Nothing in this section shall be construed as 

providing the Secretary the authority to regulate, direct, or dictate 

State child care quality activities or progress in implementing those 

activities. 

SEC. 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.— 


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(1) CHILD CARE STAFF MEMBERS.—A child care staff member 

shall be ineligible for employment by a child care provider that 

is licensed, regulated, or registered by the State or for which assistance is provided in accordance with this subchapter, if such 

individual— 

(A) refuses to consent to the criminal background check 

described in subsection (b); 

(B) knowingly makes a materially false statement in connection with such criminal background check; 

(C) is registered, or is required to be registered, on a 

State sex offender registry or repository or the National Sex 

Offender Registry established under the Adam Walsh Child 

Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); 

or 

(D) has been convicted of a felony consisting of— 

(i) murder, as described in section 1111 of title 18, 

United States Code; 

(ii) child abuse or neglect; 

(iii) a crime against children, including child pornography; 

(iv) spousal abuse; 

(v) a crime involving rape or sexual assault; 

(vi) kidnaping; 

(vii) arson; 

(viii) physical assault or battery; or 

(ix) subject to subsection (e)(4), a drug-related offense 

committed during the preceding 5 years. 

(2) CHILD CARE PROVIDERS.—A child care provider described 

in paragraph (1) shall be ineligible for assistance provided in 

accordance with this subchapter if the provider employs a staff 

member who is ineligible for employment under paragraph (1). 

(d) SUBMISSION OF REQUESTS FOR BACKGROUND CHECKS.— 

(1) IN GENERAL.—A child care provider covered by subsection 

(c) shall submit a request, to the appropriate State agency designated by a State, for a criminal background check described 

in subsection (b), for each child care staff member (including 

prospective child care staff members) of the provider. 

(2) STAFF MEMBERS.—Subject to paragraph (4), in the case of 

an individual who became a child care staff member before the 

date of enactment of the Child Care and Development Block 

Grant Act of 2014, the provider shall submit such a request— 

(A) prior to the last day described in subsection (i)(1); 

and 

(B) not less often than once during each 5-year period following the first submission date under this paragraph for 

that staff member. 

(3) PROSPECTIVE STAFF MEMBERS.—Subject to paragraph (4), 

in the case of an individual who is a prospective child care staff 

member on or after that date of enactment, the provider shall 

submit such a request— 

(A) prior to the date the individual becomes a child care 

staff member of the provider; and 

(B) not less often than once during each 5-year period following the first submission date under this paragraph for 

that staff member. 


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(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; 


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(ii) a child care staff member will receive instructions about how to complete the appeals process if the 

child care staff member wishes to challenge the accuracy or completeness of the information contained in 

such member’s criminal background report; and 

(iii) the appeals process is completed in a timely 

manner for each child care staff member. 

(4) REVIEW.—The State may allow for a review process 

through which the State may determine that a child care staff 

member (including a prospective child care staff member) disqualified for a crime specified in subsection (c)(1)(D)(ix) is eligible for employment described in subsection (c)(1), notwithstanding subsection (c). The review process shall be consistent 

with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e 

et seq.). 

(5) NO PRIVATE RIGHT OF ACTION.—Nothing in this section 

shall be construed to create a private right of action if the provider is in compliance with State regulations and requirements. 

(f) FEES FOR BACKGROUND CHECKS.—Fees that a State may 

charge for the costs of processing applications and administering a 

criminal background check as required by this section shall not exceed the actual costs to the State for the processing and administration. 

(g) CONSTRUCTION.— (1) DISQUALIFICATION FOR OTHER CRIMES.—Nothing in this 

section shall be construed to prevent a State from disqualifying 

individuals as child care staff members based on their conviction for crimes not specifically listed in this section that bear 

upon the fitness of an individual to provide care for and have 

responsibility for the safety and well-being of children. 

(2) RIGHTS AND REMEDIES.—Nothing in this section shall be 

construed to alter or otherwise affect the rights and remedies 

provided for child care staff members residing in a State that 

disqualifies individuals as child care staff members for crimes 

not specifically provided for under this section. 

(h) DEFINITIONS.—In this section— 

(1) the term ‘‘child care provider’’ means a center-based child 

care provider, a family child care provider, or another provider 

of child care services for compensation and on a regular basis 

that— 

(A) is not an individual who is related to all children for 

whom child care services are provided; and 

(B) is licensed, regulated, or registered under State law 

or receives assistance provided in accordance with this subchapter; and 

(2) the term ‘‘child care staff member’’ means an individual 

(other than an individual who is related to all children for 

whom child care services are provided)— 

(A) who is employed by a child care provider for compensation; 

(B) whose activities involve the care or supervision of 

children for a child care provider or unsupervised access to 

children who are cared for or supervised by a child care 

provider; or 

(C) who is a family child care provider. 


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(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. 658I. ADMINISTRATION AND ENFORCEMENT. 

(a) ADMINISTRATION.—The Secretary shall— 

(1) * * * 

(2) collect, publish, and make available to the public a listing 

of State child care standards at least once every 3 years; øand¿ 

ø(3) provide technical assistance to assist States to carry out 

this subchapter, including assistance on a reimbursable basis.¿ 

(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 

(4) disseminate, for voluntary informational purposes, information on practices that scientifically valid research indicates 

are most successful in improving the quality of programs that 

receive assistance under this subchapter. 

(b) ENFORCEMENT.— 

(1) REVIEW OF COMPLIANCE WITH STATE PLAN.—* * * 

* * * * * * * 

(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. 

(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 


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(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. 

* * * * * * * 

SEC. 658K. REPORTS AND AUDITS. 

(a) REPORTS.— 

(1) COLLECTION OF INFORMATION BY STATES.— 

(A) IN GENERAL.—* * * 

(B) REQUIRED INFORMATION.—The information required 

under this subparagraph shall include, with respect to a 

family unit receiving assistance under this subchapter information concerning— 

(i) * * * 

* * * * * * * 

(ix) the cost of child care for such families; øand¿ 

(x) the average hours per month of such care; and 

(xi) whether the children receiving assistance under 

this subchapter are homeless children; 


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during the period for which such information is required to 

be submitted. 

(C) SUBMISSION TO SECRETARY.—* * * 

* * * * * * * 

(2) ANNUAL REPORTS.—Not later than December 31, 

ø1997¿2014, and every 12 months thereafter, a State described 

in paragraph (1)(A) shall prepare and submit to the Secretary 

a report that includes aggregate data concerning— 

(A) the number of child care providers that received 

funding under this subchapter as separately identified 

based on the types of providers listed in øsection 

658P(5)¿section 658P(6); 

(B) * * * 

* * * * * * * 

øSEC. 658L. REPORT BY SECRETARY.¿SEC. 658L. REPORTS, HOTLINE, 

AND WEB SITE. 

øNot later¿(a) REPORT BY SECRETARY.—Not later than July 31, 

ø1998¿2016, and biennially thereafter, the Secretary shall prepare 

and submit øto the Committee on Economic and Educational Opportunities of the House of Representatives and the Committee on 

Labor and Human Resources of the Senate¿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 a report that contains a summary and analysis of the data 

and information provided to the Secretary in the State reports submitted under section 658K. Such report shall include an assessment, and where appropriate, recommendations for the Congress 

concerning efforts that should be undertaken to improve the access 

of the public to quality and affordable child care in the United 

States. 

(b) NATIONAL TOLL-FREE HOTLINE AND WEB SITE.— (1) IN GENERAL.—The Secretary shall operate a national tollfree 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; 


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(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 REFER- RAL.—The Web site and hotline shall ensure that families 

have access to child care consumer education and referral 

services that are consistent and of high quality. 

(3) PROHIBITION.—Nothing in this subsection shall be construed to allow the Secretary to compel States to provide additional data and information that is currently (as of the date of 

enactment of the Child Care and Development Block Grant Act 

of 2014) not publicly available, or is not required by this subchapter. 

* * * * * * * 

SEC. 658O. AMOUNTS RESERVED; ALLOTMENTS. 

(a) AMOUNTS RESERVED.— 

(1) TERRITORIES AND POSSESSIONS.—* * * 

* * * * * * * 

(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). 

* * * * * * * 

(c) PAYMENTS FOR THE BENEFIT OF INDIAN CHILDREN.— (1) GENERAL AUTHORITY.—* * * 

(2) APPLICATIONS AND REQUIREMENTS.—An application for a 

grant or contract under this section shall provide that: 

(A) COORDINATION.—* * * 

* * * * * * * 


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(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. 

(3) CONSIDERATION OF SECRETARIAL APPROVAL.—* * * 

* * * * * * * 

SEC. 658P. DEFINITIONS. 

As used in this subchapter: 

(1) CAREGIVER.—* * * 

* * * * * * * 

ø(4) ELIGIBLE CHILD.—The term ‘‘eligible child’’ means an individual— 

ø(A) who is less than 13 years of age; 

ø(B) whose family income does not exceed 85 percent of 

the State median income for a family of the same size; and 

ø(C) who— 

ø(i) resides with a parent or parents who are working or attending a job training or educational program; 

or 

ø(ii) is receiving, or needs to receive, protective services and resides with a parent or parents not described 

in clause (i).¿ 

(3) CHILD WITH A DISABILITY.—The term ‘‘child with a disability’’ means— 

(A) a child with a disability, as defined in section 602 of 

the Individuals with Disabilities Education Act (20 U.S.C. 

1401); 

(B) a child who is eligible for early intervention services 

under part C of the Individuals with Disabilities Education 

Act (20 U.S.C. 1431 et seq.); 

(C) a child who is less than 13 years of age and who is 

eligible for services under section 504 of the Rehabilitation 

Act of 1973 (29 U.S.C. 794); and 

(D) a child with a disability, as defined by the State involved. 

(4) ELIGIBLE CHILD.—The term ‘‘eligible child’’ means an individual— 

(A) who is less than 13 years of age; 

(B) whose family income does not exceed 85 percent of the 

State median income for a family of the same size; and 

(C) who— 

(i) resides with a parent or parents who are working 

or attending a job training or educational program; or 

(ii) is receiving, or needs to receive, protective services 

and resides with a parent or parents not described in 

clause (i). 


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(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). 

ø(5)¿(6) ELIGIBLE CHILD CARE PROVIDER.—The term ‘‘eligible 

child care provider’’ means— 

(A) a center-based child care provider, a group home 

child care provider, a family child care provider, or other 

provider of child care services for compensation that— 

(i) is licensed, regulated, or registered under State 

law as described in øsection 658E(c)(2)(E)¿section 

658E(c)(2)(F); and 

(ii) satisfies the State and local requirements, including those referred to in øsection 

658E(c)(2)(F)¿section 658E(c)(2)(I); 

applicable to the child care services it provides; or 

(B) * * * 

ø(6)¿(7) FAMILY CHILD CARE PROVIDER.—* * * 

ø(7)¿(8) INDIAN TRIBE.—* * * 

ø(8)¿(9) LEAD AGENCY.—The term ‘‘lead agency’’ means the 

agency ødesignated under section 658B(a).¿designated or established under section 658D(a).

ø(9)¿(10) PARENT.—The term ‘‘parent’’ includes a legal 

guardian, foster parent, or other person standing in loco 

parentis. 

(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. 

øParagraph 10 was repealed by section 614 of P.L. 104–193¿ 

ø(11)¿(12) SECRETARY.—* * * 

ø(12)¿(13) SLIDING FEE SCALE.—* * * 

ø(13)¿(14) STATE.—* * * 

ø(14)¿(15) TRIBAL ORGANIZATION.— 

(A) IN GENERAL.—* * * 

* * * * * * * 


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PUBLIC HEALTH SERVICE ACT 

* * * * * * * 

SEC. 319C–1. IMPROVING STATE AND LOCAL PUBLIC HEALTH SECURITY.

(a) IN GENERAL.— * * * 

(b) ELIGIBLE ENTITIES.—To be eligible to receive an award under 

subsection (a), an entity shall— 

(1)(A) * * * 

* * * * * * * 

(2) prepare and submit to the Secretary an application at 

such time, and in such manner, and containing such information as the Secretary may require, including— 

(A) an All-Hazards Public Health Emergency Preparedness and Response Plan which shall include— 

(i) * * * 

* * * * * * * 

(vii) a description of how the entity, as applicable 

and appropriate, will coordinate with State emergency 

preparedness and response plans in public health 

emergency preparedness, including State educational 

agencies (as defined in section 9101(41) of the Elementary and Secondary Education Act of 1965) and State 

child care lead agencies (designated or established 

under section 658D of the Child Care and Development Block Grant Act of 1990); 

* * * * * * * 

Æ 


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