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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1086 Engrossed in Senate (ES)]

113th CONGRESS
  2d Session
                                S. 1086

_______________________________________________________________________

                                 AN ACT

 
 To reauthorize and improve the Child Care and Development Block Grant 
                  Act of 1990, and for other purposes.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. SHORT TITLE AND PURPOSES.

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

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

    ``(a) Short Title.--This subchapter may be cited as the `Child Care 
and Development Block Grant Act of 1990'.
    ``(b) Purposes.--The purposes of this subchapter are--
            ``(1) to allow each State maximum flexibility in developing 
        child care programs and policies that best suit the needs of 
        children and parents within that State;
            ``(2) to promote parental choice to empower working parents 
        to make their own decisions regarding the child care that best 
        suits their family's needs;
            ``(3) to assist States in providing high-quality child care 
        services to parents trying to achieve independence from public 
        assistance;
            ``(4) to assist States in improving the overall quality of 
        child care services and programs by implementing the health, 
        safety, licensing, training, and oversight standards 
        established in this subchapter and in State law (including 
        regulations);
            ``(5) to improve school readiness by having children, 
        families, and child care providers engage in activities, in 
        child care settings, that are developmentally appropriate and 
        age-appropriate for the children and that promote children's 
        language and literacy and mathematics skills, social and 
        emotional development, physical health and development, and 
        approaches to learning;
            ``(6) to encourage States to provide consumer education 
        information to help parents make informed choices about child 
        care services and to promote involvement by parents and family 
        members in the education of their children in child care 
        settings;
            ``(7) to increase the number and percentage of low-income 
        children in high-quality child care settings; and
            ``(8) to improve the coordination and delivery of early 
        childhood education and care (including child care).''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    Section 658B of the Child Care and Development Block Grant Act of 
1990 (42 U.S.C. 9858) is amended by striking ``subchapter'' and all 
that follows, and inserting ``subchapter, such sums as may be necessary 
for each of fiscal years 2015 through 2020.''.

SEC. 4. LEAD AGENCY.

    (a) Designation.--Section 658D(a) of the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858b(a)) is amended--
            (1) by striking ``chief executive officer'' and inserting 
        ``Governor''; and
            (2) by striking ``designate'' and all that follows and 
        inserting ``designate an agency (which may be an appropriate 
        collaborative agency), or establish a joint interagency office, 
        that complies with the requirements of subsection (b) to serve 
        as the lead agency for the State under this subchapter.''.
    (b) Collaboration With Tribes.--Section 658D(b)(1) of the Child 
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858b(b)(1)) is 
amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(E) at the option of an Indian tribe or tribal 
                organization in the State, collaborate and coordinate 
                with such Indian tribe or tribal organization in the 
                development of the State plan.''.

SEC. 5. APPLICATION AND PLAN.

    (a) Period.--Section 658E(b) of the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858c(b)) is amended, by striking 
``2-year'' and inserting ``3-year''.
    (b) Policies and Procedures.--Section 658E(c) of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended--
            (1) in paragraph (1), by inserting ``or established'' after 
        ``designated'';
            (2) in paragraph (2)--
                    (A) in subparagraph (B), by inserting a comma after 
                ``care of such providers'';
                    (B) by striking subparagraphs (D) through (H); and
                    (C) by adding at the end the following:
                    ``(D) Monitoring and inspection reports.--The plan 
                shall include a certification that the State, not later 
                than 1 year after the State has in effect the policies 
                and practices described in subparagraph (K)(i), will 
                make public by electronic means, in a consumer-friendly 
                and easily accessible format, organized by provider, 
                the results of monitoring and inspection reports, 
                including those due to major substantiated complaints 
                about failure to comply with this subchapter and State 
                child care policies, as well as the number of deaths, 
                serious injuries, and instances of substantiated child 
                abuse that occurred in child care settings each year, 
                for eligible child care providers within the State. The 
                results shall also include information on the date of 
                such an inspection and, where applicable, information 
                on corrective action taken.
                    ``(E) Consumer education information.--The plan 
                shall include a certification that the State will 
                collect and disseminate (which dissemination may be 
                done, except as otherwise specified in this 
                subparagraph, through resource and referral 
                organizations or other means as determined by the 
                State) to parents of eligible children and the general 
                public--
                            ``(i) information that will promote 
                        informed child care choices and that concerns--
                                    ``(I) the availability of child 
                                care services provided through programs 
                                authorized under this subchapter and, 
                                if feasible, other child care services 
                                and other programs provided in the 
                                State for which the family may be 
                                eligible;
                                    ``(II) if available, information 
                                about the quality of providers, 
                                including information from a Quality 
                                Rating and Improvement System;
                                    ``(III) information, made available 
                                through a State website, describing the 
                                State process for licensing child care 
                                providers, the State processes for 
                                conducting background checks, and 
                                monitoring and inspections, of child 
                                care providers, and the offenses that 
                                prevent individuals and entities from 
                                serving as child care providers in the 
                                State;
                                    ``(IV) the availability of 
                                assistance to obtain child care 
                                services;
                                    ``(V) other programs for which 
                                families that receive child care 
                                services for which financial assistance 
                                is provided in accordance with this 
                                subchapter may be eligible, including 
                                the program of block grants to States 
                                for temporary assistance for needy 
                                families established under part A of 
                                title IV of the Social Security Act (42 
                                U.S.C. 601 et seq.), Head Start and 
                                Early Head Start programs carried out 
                                under the Head Start Act (42 U.S.C. 
                                9831 et seq.), the program carried out 
                                under the Low-Income Home Energy 
                                Assistance Act of 1981 (42 U.S.C. 8621 
                                et seq.), the supplemental nutrition 
                                assistance program established under 
                                the Food and Nutrition Act of 2008 (7 
                                U.S.C. 2011 et seq.), the special 
                                supplemental nutrition program for 
                                women, infants, and children 
                                established under section 17 of the 
                                Child Nutrition Act of 1966 (42 U.S.C. 
                                1786), the child and adult care food 
                                program established under section 17 of 
                                the Richard B. Russell National School 
                                Lunch Act (42 U.S.C. 1766), and the 
                                Medicaid and State children's health 
                                insurance programs under titles XIX and 
                                XXI of the Social Security Act (42 
                                U.S.C. 1396 et seq., 1397aa et seq.);
                                    ``(VI) programs carried out under 
                                section 619 and part C of the 
                                Individuals with Disabilities Education 
                                Act (20 U.S.C. 1419, 1431 et seq.); and
                                    ``(VII) research and best practices 
                                concerning children's development, 
                                including language and cognitive 
                                development, development of early 
                                language and literacy and mathematics 
                                skills, social and emotional 
                                development, meaningful parent and 
                                family engagement, and physical health 
                                and development (particularly healthy 
                                eating and physical activity);
                            ``(ii) information on developmental 
                        screenings, including--
                                    ``(I) information on existing (as 
                                of the date of submission of the 
                                application containing the plan) 
                                resources and services the State can 
                                deploy, including the coordinated use 
                                of the Early and Periodic Screening, 
                                Diagnosis, and Treatment program under 
                                the Medicaid program carried out under 
                                title XIX of the Social Security Act 
                                (42 U.S.C. 1396 et seq.) and 
                                developmental screening services 
                                available under section 619 and part C 
                                of the Individuals with Disabilities 
                                Education Act (20 U.S.C. 1419, 1431 et 
                                seq.), in conducting developmental 
                                screenings and providing referrals to 
                                services, when appropriate, for 
                                children who receive assistance under 
                                this subchapter; and
                                    ``(II) a description of how a 
                                family or eligible child care provider 
                                may utilize the resources and services 
                                described in subclause (I) to obtain 
                                developmental screenings for children 
                                who receive assistance under this 
                                subchapter who may be at risk for 
                                cognitive or other developmental 
                                delays, which may include social, 
                                emotional, physical, or linguistic 
                                delays; and
                            ``(iii) information, for parents receiving 
                        assistance under the program of block grants to 
                        States for temporary assistance for needy 
                        families under part A of title IV of the Social 
                        Security Act (42 U.S.C. 601 et seq.) and low-
                        income parents, about eligibility for 
                        assistance provided in accordance with this 
                        subchapter.
                    ``(F) Compliance with state licensing 
                requirements.--
                            ``(i) In general.--The plan shall include a 
                        certification that the State involved has in 
                        effect licensing requirements applicable to 
                        child care services provided within the State, 
                        and provide a detailed description of such 
                        requirements and of how such requirements are 
                        effectively enforced.
                            ``(ii) License exemption.--If the State 
                        uses funding received under this subchapter to 
                        support a child care provider that is exempt 
                        from the corresponding licensing requirements 
                        described in clause (i), the plan shall include 
                        a description stating why such licensing 
                        exemption does not endanger the health, safety, 
                        or development of children who receive services 
                        from child care providers who are exempt from 
                        such requirements.
                            ``(iii) Requests for relief.--As described 
                        in section 658I(d), a State may request relief 
                        from a provision of Federal law other than this 
                        subchapter that might conflict with a 
                        requirement of this subchapter, including a 
                        licensing requirement.
                    ``(G) Training requirements.--
                            ``(i) In general.--The plan shall describe 
                        the training requirements that are in effect 
                        within the State that are designed to enable 
                        child care providers to promote the social, 
                        emotional, physical, and cognitive development 
                        of children and that are applicable to child 
                        care providers that provide services for which 
                        assistance is provided in accordance with this 
                        subchapter in the State.
                            ``(ii) Requirements.--The plan shall 
                        provide an assurance that such training 
                        requirements--
                                    ``(I) provide a set of workforce 
                                and competency standards for child care 
                                providers that provide services 
                                described in clause (i);
                                    ``(II) are developed in 
                                consultation with the State Advisory 
                                Council on Early Childhood Education 
                                and Care (designated or established 
                                pursuant to section 642B(b)(1)(A)(i) of 
                                the Head Start Act (42 U.S.C. 
                                9837b(b)(1)(A)(i)));
                                    ``(III) include an evidence-based 
                                training framework that is designed to 
                                promote children's learning and 
                                development and school readiness and to 
                                improve child outcomes, including 
                                school readiness and early language and 
                                literacy development;
                                    ``(IV) incorporate knowledge and 
                                application of the State's early 
                                learning and developmental guidelines 
                                (where applicable), and the State's 
                                child development and health standards; 
                                and
                                    ``(V) to the extent practicable, 
                                are appropriate for a population of 
                                children that includes--
                                            ``(aa) different age groups 
                                        (such as infants, toddlers, and 
                                        preschoolers);
                                            ``(bb) English learners;
                                            ``(cc) children with 
                                        disabilities; and
                                            ``(dd) Native Americans, 
                                        including Indians, as the term 
                                        is defined in section 4 of the 
                                        Indian Self-Determination and 
                                        Education Assistance Act (25 
                                        U.S.C. 450b) (including Alaska 
                                        Natives within the meaning of 
                                        that term), and Native 
                                        Hawaiians (as defined in 
                                        section 7207 of the Elementary 
                                        and Secondary Education Act of 
                                        1965 (20 U.S.C. 7517)).
                            ``(iii) Progression of professional 
                        development.--In developing the requirements, 
                        the State shall develop a statewide progression 
                        of professional development designed to improve 
                        the skills and knowledge of the workforce--
                                    ``(I) which may include the 
                                acquisition of course credit in 
                                postsecondary education or of a 
                                credential, aligned with the framework; 
                                and
                                    ``(II) which shall be accessible to 
                                providers supported through Indian 
                                tribes or tribal organizations that 
                                receive assistance under this 
                                subchapter.
                            ``(iv) Alignment.--The State shall engage 
                        the State Advisory Council on Early Childhood 
                        Education and Care, and may engage institutions 
                        of higher education (as defined in section 102 
                        of the Higher Education Act of 1965 (20 U.S.C. 
                        1002)), and other training providers in 
                        aligning training opportunities with the 
                        State's training framework.
                            ``(v) Credentials.--The Secretary shall not 
                        require an individual or entity that provides 
                        child care services for which assistance is 
                        provided in accordance with this subchapter to 
                        acquire a credential to provide such services. 
                        Nothing in this section shall be construed to 
                        prohibit a State from requiring a credential.
                    ``(H) Child-to-provider ratio standards.--
                            ``(i) Standards.--The plan shall describe 
                        child care standards, for child care for which 
                        assistance is made available in accordance with 
                        this subchapter, appropriate to the type of 
                        child care setting involved, that address--
                                    ``(I) group size limits for 
                                specific age populations;
                                    ``(II) the appropriate ratio 
                                between the number of children and the 
                                number of providers, in terms of the 
                                age of the children in child care, as 
                                determined by the State; and
                                    ``(III) required qualifications for 
                                such providers.
                            ``(ii) Construction.--The Secretary may 
                        offer guidance to States on child-to-provider 
                        ratios described in clause (i) according to 
                        setting and age group but shall not require 
                        that States maintain specific child-to-provider 
                        ratios for providers who receive assistance 
                        under this subchapter.
                    ``(I) Health and safety requirements.--The plan 
                shall include a certification that there are in effect 
                within the State, under State or local law, 
                requirements designed to protect the health and safety 
                of children that are applicable to child care providers 
                that provide services for which assistance is made 
                available in accordance with this subchapter. Such 
                requirements--
                            ``(i) shall relate to matters including 
                        health and safety topics (including prevention 
                        of shaken baby syndrome and abusive head 
                        trauma) consisting of--
                                    ``(I) the prevention and control of 
                                infectious diseases (including 
                                immunization) and the establishment of 
                                a grace period that allows homeless 
                                children and children in foster care to 
                                receive services under this subchapter 
                                while their families (including foster 
                                families) are taking any necessary 
                                action to comply with immunization and 
                                other health and safety requirements;
                                    ``(II) handwashing and universal 
                                health precautions;
                                    ``(III) the administration of 
                                medication, consistent with standards 
                                for parental consent;
                                    ``(IV) the prevention of and 
                                response to emergencies due to food and 
                                other allergic reactions;
                                    ``(V) prevention of sudden infant 
                                death syndrome and use of safe sleeping 
                                practices;
                                    ``(VI) sanitary methods of food 
                                handling;
                                    ``(VII) building and physical 
                                premises safety;
                                    ``(VIII) emergency preparedness and 
                                response planning for emergencies 
                                resulting from a natural disaster, or a 
                                man-caused event (such as violence at a 
                                child care facility), within the 
                                meaning of those terms under section 
                                602(a)(1) of the Robert T. Stafford 
                                Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 5195a(a)(1));
                                    ``(IX) the handling and storage of 
                                hazardous materials and the appropriate 
                                disposal of biocontaminants;
                                    ``(X) identification of and 
                                protection from hazards that can cause 
                                bodily injury such as electrical 
                                hazards, bodies of water, and vehicular 
                                traffic;
                                    ``(XI) for providers that offer 
                                transportation, if applicable, 
                                appropriate precautions in transporting 
                                children;
                                    ``(XII) first aid and 
                                cardiopulmonary resuscitation; and
                                    ``(XIII) minimum health and safety 
                                training, to be completed pre-service 
                                or during an orientation period, 
                                appropriate to the provider setting 
                                involved that addresses each of the 
                                requirements relating to matters 
                                described in subclauses (I) through 
                                (XII); and
                            ``(ii) may include requirements relating to 
                        nutrition, access to physical activity, or any 
                        other subject area determined by the State to 
                        be necessary to promote child development or to 
                        protect children's health and safety.
                    ``(J) Compliance with state and local health and 
                safety requirements.--The plan shall include a 
                certification that procedures are in effect to ensure 
                that child care providers within the State, that 
                provide services for which assistance is made available 
                in accordance with this subchapter, comply with all 
                applicable State and local health and safety 
                requirements as described in subparagraph (I).
                    ``(K) Enforcement of licensing and other regulatory 
                requirements.--
                            ``(i) Certification.--The plan shall 
                        include a certification that the State, not 
                        later than 2 years after the date of enactment 
                        of the Child Care and Development Block Grant 
                        Act of 2014, shall have in effect policies and 
                        practices, applicable to licensing or 
                        regulating child care providers that provide 
                        services for which assistance is made available 
                        in accordance with this subchapter and the 
                        facilities of those providers, that--
                                    ``(I) ensure that individuals who 
                                are hired as licensing inspectors in 
                                the State are qualified to inspect 
                                those child care providers and 
                                facilities and have received training 
                                in related health and safety 
                                requirements, child development, child 
                                abuse prevention and detection, program 
                                management, and relevant law 
                                enforcement;
                                    ``(II) require licensing inspectors 
                                (or qualified inspectors designated by 
                                the lead agency) of those child care 
                                providers and facilities to perform 
                                inspections, with--
                                            ``(aa) not less than 1 
                                        prelicensure inspection for 
                                        compliance with health, safety, 
                                        and fire standards, of each 
                                        such child care provider and 
                                        facility in the State; and
                                            ``(bb) not less than 
                                        annually, an inspection (which 
                                        shall be unannounced) of each 
                                        such child care provider and 
                                        facility in the State for 
                                        compliance with all child care 
                                        licensing standards, which 
                                        shall include an inspection for 
                                        compliance with health, safety, 
                                        and fire standards (although 
                                        inspectors may or may not 
                                        inspect for compliance with all 
                                        3 standards at the same time); 
                                        and
                                    ``(III) require the ratio of 
                                licensing inspectors to such child care 
                                providers and facilities in the State 
                                to--
                                            ``(aa) be maintained at a 
                                        level sufficient to enable the 
                                        State to conduct inspections of 
                                        such child care providers and 
                                        facilities on a timely basis in 
                                        accordance with Federal and 
                                        State law; and
                                            ``(bb) be consistent with 
                                        research findings and best 
                                        practices.
                            ``(ii) Construction.--The Secretary may 
                        offer guidance to a State, if requested by the 
                        State, on a research-based minimum standard 
                        regarding ratios described in clause (i)(III) 
                        and provide technical assistance to the State 
                        on meeting the minimum standard within a 
                        reasonable time period, but shall not prescribe 
                        a particular ratio.
                    ``(L) Compliance with child abuse reporting 
                requirements.--The plan shall include a certification 
                that child care providers within the State will comply 
                with the child abuse reporting requirements of section 
                106(b)(2)(B)(i) of the Child Abuse Prevention and 
                Treatment Act (42 U.S.C. 5106a(b)(2)(B)(i)).
                    ``(M) Meeting the needs of certain populations.--
                The plan shall describe how the State will develop and 
                implement strategies (which may include the provision 
                of compensation at higher payment rates and bonuses to 
                child care providers, the provision of direct contracts 
                or grants to community-based organizations, offering 
                child care certificates to parents, or other means 
                determined by the State) to increase the supply and 
                improve the quality of child care for--
                            ``(i) children in underserved areas;
                            ``(ii) infants and toddlers;
                            ``(iii) children with disabilities, as 
                        defined by the State; and
                            ``(iv) children who receive care during 
                        nontraditional hours.
                    ``(N) Protection for working parents.--
                            ``(i) Minimum period.--
                                    ``(I) 12-month period.--The plan 
                                shall demonstrate that each child who 
                                receives assistance under this 
                                subchapter in the State will be 
                                considered to meet all eligibility 
                                requirements for such assistance and 
                                will receive such assistance, for not 
                                less than 12 months before the State 
                                redetermines the eligibility of the 
                                child under this subchapter, regardless 
                                of a temporary change in the ongoing 
                                status of the child's parent as working 
                                or attending a job training or 
                                educational program or a change in 
                                family income for the child's family, 
                                if that family income does not exceed 
                                85 percent of the State median income 
                                for a family of the same size.
                                    ``(II) Fluctuations in earnings.--
                                The plan shall demonstrate how the 
                                State's processes for initial 
                                determination and redetermination of 
                                such eligibility take into account 
                                irregular fluctuations in earnings.
                            ``(ii) Redetermination process.--The plan 
                        shall describe the procedures and policies that 
                        are in place to ensure that working parents 
                        (especially parents in families receiving 
                        assistance under the program of block grants to 
                        States for temporary assistance for needy 
                        families under part A of title IV of the Social 
                        Security Act (42 U.S.C. 601 et seq.)) are not 
                        required to unduly disrupt their employment in 
                        order to comply with the State's requirements 
                        for redetermination of eligibility for 
                        assistance provided in accordance with this 
                        subchapter.
                            ``(iii) Period before termination.--At the 
                        option of the State, the plan shall demonstrate 
                        that the State will not terminate assistance 
                        provided to carry out this subchapter based on 
                        a factor consisting of a parent's loss of work 
                        or cessation of attendance at a job training or 
                        educational program for which the family was 
                        receiving the assistance, without continuing 
                        the assistance for a reasonable period of time, 
                        of not less than 3 months, after such loss or 
                        cessation in order for the parent to engage in 
                        a job search and resume work, or resume 
                        attendance at a job training or educational 
                        program, as soon as possible.
                            ``(iv) Graduated phaseout of care.--The 
                        plan shall describe the policies and procedures 
                        that are in place to allow for provision of 
                        continued assistance to carry out this 
                        subchapter, at the beginning of a new 
                        eligibility period under clause (i)(I), for 
                        children of parents who are working or 
                        attending a job training or educational program 
                        and whose family income exceeds the State's 
                        income limit to initially qualify for such 
                        assistance, if the family income for the family 
                        involved does not exceed 85 percent of the 
                        State median income for a family of the same 
                        size.
                    ``(O) Coordination with other programs.--
                            ``(i) In general.--The plan shall describe 
                        how the State, in order to expand accessibility 
                        and continuity of quality early childhood 
                        education and care, and assist children 
                        enrolled in prekindergarten, Early Head Start, 
                        or Head Start programs to receive full-day 
                        services, will efficiently coordinate the 
                        services supported to carry out this subchapter 
                        with--
                                    ``(I) programs carried out under 
                                the Head Start Act (42 U.S.C. 9831 et 
                                seq.), including the Early Head Start 
                                programs carried out under section 645A 
                                of that Act (42 U.S.C. 9840a);
                                    ``(II) programs carried out under 
                                part A of title I, and part B of title 
                                IV, of the Elementary and Secondary 
                                Education Act of 1965 (20 U.S.C. 6311 
                                et seq., 7171 et seq.);
                                    ``(III) programs carried out under 
                                section 619 and part C of the 
                                Individuals with Disabilities Education 
                                Act (20 U.S.C. 1419, 1431 et seq.);
                                    ``(IV) the maternal, infant, and 
                                early childhood home visiting programs 
                                authorized under section 511 of the 
                                Social Security Act (42 U.S.C. 711), as 
                                added by section 2951 of the Patient 
                                Protection and Affordable Care Act 
                                (Public Law 111-148);
                                    ``(V) State, Indian tribe or tribal 
                                organization, and locally funded early 
                                childhood education and care programs;
                                    ``(VI) programs serving homeless 
                                children and services of local 
                                educational agency liaisons for 
                                homeless children and youths designated 
                                under subsection (g)(1)(J)(ii) of 
                                section 722 of the McKinney-Vento 
                                Homeless Assistance Act (42 U.S.C. 
                                11432(g)(1)(J)(ii));
                                    ``(VII) State agencies and programs 
                                serving children in foster care and the 
                                foster families of such children; and
                                    ``(VIII) other Federal programs 
                                supporting early childhood education 
                                and care activities, and, where 
                                applicable, child care programs funded 
                                through State veterans affairs offices.
                            ``(ii) Optional use of combined funds.--If 
                        the State elects to combine funding for the 
                        services supported to carry out this subchapter 
                        with funding for any program described in 
                        subclauses (I) through (VII) of clause (i), the 
                        plan shall describe how the State will combine 
                        the multiple sets of funding and use the 
                        combined funding.
                            ``(iii) Rule of construction.--Nothing in 
                        clause (i) shall be construed to affect the 
                        priority of children described in clause (i) to 
                        receive full-day prekindergarten or Head Start 
                        program services.
                    ``(P) Public-private partnerships.--The plan shall 
                demonstrate how the State encourages partnerships among 
                State agencies, other public agencies, Indian tribes 
                and tribal organizations, and private entities to 
                leverage existing service delivery systems (as of the 
                date of the submission of the application containing 
                the plan) for early childhood education and care and to 
                increase the supply and quality of child care services 
                for children who are less than 13 years of age, such as 
                by implementing voluntary shared services alliance 
                models.
                    ``(Q) Priority for low-income populations.--The 
                plan shall describe the process the State proposes to 
                use, with respect to investments made to increase 
                access to programs providing high-quality early 
                childhood education and care, to give priority for 
                those investments to children of families in areas that 
                have significant concentrations of poverty and 
                unemployment and that do not have such programs.
                    ``(R) Consultation.--The plan shall include a 
                certification that the State has developed the plan in 
                consultation with the State Advisory Council on Early 
                Childhood Education and Care designated or established 
                pursuant to section 642B(b)(1)(A)(i) of the Head Start 
                Act (42 U.S.C. 9837b(b)(1)(A)(i)).
                    ``(S) Payment practices.--The plan shall include a 
                certification that the payment practices of child care 
                providers in the State that serve children who receive 
                assistance under this subchapter reflect generally 
                accepted payment practices of child care providers in 
                the State that serve children who do not receive 
                assistance under this subchapter, so as to provide 
                stability of funding and encourage more child care 
                providers to serve children who receive assistance 
                under this subchapter.
                    ``(T) Early learning and developmental 
                guidelines.--
                            ``(i) In general.--The plan shall include 
                        an assurance that the State will develop or 
                        implement early learning and developmental 
                        guidelines that are appropriate for children 
                        from birth through entry into kindergarten, 
                        describing what such children should know and 
                        be able to do, and covering the essential 
                        domains of early childhood education and care 
                        and early childhood development for use 
                        statewide by child care providers. Such child 
                        care providers shall--
                                    ``(I) be licensed or regulated 
                                under State law; and
                                    ``(II) not be a relative of all 
                                children for whom the provider provides 
                                child care services.
                            ``(ii) Alignment.--The guidelines shall be 
                        research-based, developmentally appropriate, 
                        and aligned with State standards for education 
                        in kindergarten through grade 3.
                            ``(iii) Prohibition on use of funds.--The 
                        plan shall include an assurance that funds 
                        received by the State to carry out this 
                        subchapter will not be used to develop or 
                        implement an assessment for children that--
                                    ``(I) will be the sole basis for a 
                                child care provider being determined to 
                                be ineligible to participate in the 
                                program carried out under this 
                                subchapter;
                                    ``(II) will be used as the primary 
                                or sole basis to provide a reward or 
                                sanction for an individual provider;
                                    ``(III) will be used as the primary 
                                or sole method for assessing program 
                                effectiveness; or
                                    ``(IV) will be used to deny 
                                eligibility to participate in the 
                                program carried out under this 
                                subchapter.
                            ``(iv) Exceptions.--Nothing in this 
                        subchapter shall preclude the State from using 
                        a single assessment (if appropriate) for 
                        children for--
                                    ``(I) supporting learning or 
                                improving a classroom environment;
                                    ``(II) targeting professional 
                                development to a provider;
                                    ``(III) determining the need for 
                                health, mental health, disability, 
                                developmental delay, or family support 
                                services;
                                    ``(IV) obtaining information for 
                                the quality improvement process at the 
                                State level; or
                                    ``(V) conducting a program 
                                evaluation for the purposes of 
                                providing program improvement and 
                                parent information.
                            ``(v) No federal control.--Nothing in this 
                        section shall be construed to authorize an 
                        officer or employee of the Federal Government 
                        to--
                                    ``(I) mandate, direct, or control a 
                                State's early learning and 
                                developmental guidelines, developed in 
                                accordance with this section;
                                    ``(II) establish any criterion that 
                                specifies, defines, or prescribes the 
                                standards or measures that a State uses 
                                to establish, implement, or improve--
                                            ``(aa) early learning and 
                                        developmental guidelines, or 
                                        early learning standards, 
                                        assessments, or accountability 
                                        systems; or
                                            ``(bb) alignment of early 
                                        learning and developmental 
                                        guidelines with State standards 
                                        for education in kindergarten 
                                        through grade 3; or
                                    ``(III) require a State to submit 
                                such standards or measures for review.
                    ``(U) Disaster preparedness.--
                            ``(i) In general.--The plan shall 
                        demonstrate the manner in which the State will 
                        address the needs of children in child care 
                        services provided through programs authorized 
                        under this subchapter, including the need for 
                        safe child care, during the period before, 
                        during, and after a state of emergency declared 
                        by the Governor or a major disaster or 
                        emergency (as such terms are defined in section 
                        102 of the Robert T. Stafford Disaster Relief 
                        and Emergency Assistance Act (42 U.S.C. 5122)).
                            ``(ii) Statewide child care disaster 
                        plan.--Such plan shall include a statewide 
                        child care disaster plan for coordination of 
                        activities and collaboration, in the event of 
                        an emergency or disaster described in clause 
                        (i), among the State agency with jurisdiction 
                        over human services, the agency with 
                        jurisdiction over State emergency planning, the 
                        State lead agency, the State agency with 
                        jurisdiction over licensing of child care 
                        providers, the local resource and referral 
                        organizations, the State resource and referral 
                        system, and the State Advisory Council on Early 
                        Childhood Education and Care as provided for 
                        under section 642B(b) of the Head Start Act (42 
                        U.S.C. 9837b(b)).
                            ``(iii) Disaster plan components.--The 
                        components of the disaster plan, for such an 
                        emergency or disaster, shall include--
                                    ``(I) guidelines for the 
                                continuation of child care services in 
                                the period following the emergency or 
                                disaster, including the provision of 
                                emergency and temporary child care 
                                services, and temporary operating 
                                standards for child care providers 
                                during that period;
                                    ``(II) evacuation, relocation, 
                                shelter-in-place, and lock-down 
                                procedures, and procedures for 
                                communication and reunification with 
                                families, continuity of operations, and 
                                accommodation of infants and toddlers, 
                                children with disabilities, and 
                                children with chronic medical 
                                conditions; and
                                    ``(III) procedures for staff and 
                                volunteer training and practice 
                                drills.''.
            (3) in paragraph (3)--
                    (A) in subparagraph (A), by striking ``as required 
                under'' and inserting ``in accordance with'';
                    (B) in subparagraph (B)--
                            (i) by striking ``The State'' and inserting 
                        the following:
                            ``(i) In general.--The State'';
                            (ii) by striking ``and any other activity 
                        that the State deems appropriate to realize any 
                        of the goals specified in paragraphs (2) 
                        through (5) of section 658A(b)'' and inserting 
                        ``activities that improve access to child care 
                        services, including use of procedures to permit 
                        immediate enrollment (after the initial 
                        eligibility determination and after a child is 
                        determined to be eligible) of homeless children 
                        while required documentation is obtained, 
                        training and technical assistance on 
                        identifying and serving homeless children and 
                        their families, and specific outreach to 
                        homeless families, and any other activity that 
                        the State determines to be appropriate to meet 
                        the purposes of this subchapter (which may 
                        include an activity described in clause 
                        (ii))''; and
                            (iii) by adding at the end the following:
                            ``(ii) Report by assistant secretary for 
                        children and families.--
                                    ``(I) In general.--Not later than 
                                September 30 of the first full fiscal 
                                year after the date of enactment of the 
                                Child Care and Development Block Grant 
                                Act of 2014, and September 30 of each 
                                fiscal year thereafter, the Secretary 
                                (acting through the Assistant Secretary 
                                for Children and Families of the 
                                Department of Health and Human 
                                Services) shall prepare a report that 
                                contains a determination about whether 
                                each State uses amounts provided to 
                                such State for the fiscal year involved 
                                under this subchapter in accordance 
                                with the priority for services 
                                described in clause (i).
                                    ``(II) Penalty for noncompliance.--
                                For any fiscal year that the report of 
                                the Secretary described in subclause 
                                (I) indicates that a State has failed 
                                to give priority for services in 
                                accordance with clause (i), the 
                                Secretary shall--
                                            ``(aa) inform the State 
                                        that the State has until the 
                                        date that is 6 months after the 
                                        Secretary has issued such 
                                        report to fully comply with 
                                        clause (i);
                                            ``(bb) provide the State an 
                                        opportunity to modify the State 
                                        plan of such State, to make the 
                                        plan consistent with the 
                                        requirements of clause (i), and 
                                        resubmit such State plan to the 
                                        Secretary not later than the 
                                        date described in item (aa); 
                                        and
                                            ``(cc) if the State does 
                                        not fully comply with clause 
                                        (i) and item (bb), by the date 
                                        described in item (aa), 
                                        withhold 5 percent of the funds 
                                        that would otherwise be 
                                        allocated to that State in 
                                        accordance with this subchapter 
                                        for the first full fiscal year 
                                        after that date.
                                    ``(III) Waiver for extraordinary 
                                circumstances.--Notwithstanding 
                                subclause (II) the Secretary may grant 
                                a waiver to a State for one year to the 
                                penalty applied in subclause (II) if 
                                the Secretary determines there are 
                                extraordinary circumstances, such as a 
                                natural disaster, that prevent the 
                                State from complying with clause (i). 
                                If the Secretary does grant a waiver to 
                                a State under this section, the 
                                Secretary shall, within 30 days of 
                                granting such waiver, submit a report 
                                to the appropriate congressional 
                                committees on the circumstances of the 
                                waiver including the stated reason from 
                                the State on the need for a waiver, the 
                                expected impact of the waiver on 
                                children served under this program, and 
                                any such other relevant information the 
                                Secretary deems necessary.
                            ``(iii) Child care resource and referral 
                        system.--
                                    ``(I) In general.--A State may use 
                                amounts described in clause (i) to 
                                establish or support a system of local 
                                or regional child care resource and 
                                referral organizations that is 
                                coordinated, to the extent determined 
                                appropriate by the State, by a 
                                statewide public or private nonprofit, 
                                community-based or regionally based, 
                                lead child care resource and referral 
                                organization.
                                    ``(II) Local or regional 
                                organizations.--The local or regional 
                                child care resource and referral 
                                organizations supported as described in 
                                subclause (I) shall--
                                            ``(aa) provide parents in 
                                        the State with consumer 
                                        education information referred 
                                        to in paragraph (2)(E) (except 
                                        as otherwise provided in that 
                                        paragraph), concerning the full 
                                        range of child care options, 
                                        analyzed by provider, including 
                                        child care provided during 
                                        nontraditional hours and 
                                        through emergency child care 
                                        centers, in their political 
                                        subdivisions or regions;
                                            ``(bb) to the extent 
                                        practicable, work directly with 
                                        families who receive assistance 
                                        under this subchapter to offer 
                                        the families support and 
                                        assistance, using information 
                                        described in item (aa), to make 
                                        an informed decision about 
                                        which child care providers they 
                                        will use, in an effort to 
                                        ensure that the families are 
                                        enrolling their children in 
                                        high-quality care;
                                            ``(cc) collect and analyze 
                                        data on the coordination of 
                                        services and supports, 
                                        including services under 
                                        section 619 and part C of the 
                                        Individuals with Disabilities 
                                        Education Act (20 U.S.C. 1419, 
                                        1431 et seq.), for children 
                                        with disabilities (as defined 
                                        in section 602 of such Act (20 
                                        U.S.C. 1401));
                                            ``(dd) collect and analyze 
                                        data on the supply of and 
                                        demand for child care in 
                                        political subdivisions or 
                                        regions within the State and 
                                        submit such data and analysis 
                                        to the State;
                                            ``(ee) work to establish 
                                        partnerships with public 
                                        agencies and private entities 
                                        to increase the supply and 
                                        quality of child care services 
                                        in the State; and
                                            ``(ff) as appropriate, 
                                        coordinate their activities 
                                        with the activities of the 
                                        State lead agency and local 
                                        agencies that administer funds 
                                        made available in accordance 
                                        with this subchapter.'';
                    (C) in subparagraph (D)--
                            (i) by striking ``1997 through 2002'' and 
                        inserting ``2015 through 2020''; and
                            (ii) by striking ``families described in 
                        paragraph (2)(H)'' and inserting ``families 
                        with children described in clause (i), (ii), 
                        (iii), or (iv) of paragraph (2)(M)''; and
                    (D) by adding at the end the following:
                    ``(E) Direct services.--From amounts provided to a 
                State for a fiscal year to carry out this subchapter, 
                the State shall--
                            ``(i) reserve the minimum amount required 
                        to be reserved under section 658G, and the 
                        funds for costs described in subparagraph (C); 
                        and
                            ``(ii) from the remainder, use not less 
                        than 70 percent to fund direct services 
                        (provided by the State) in accordance with 
                        paragraph (2)(A).'';
            (4) by striking paragraph (4) and inserting the following:
            ``(4) Payment rates.--
                    ``(A) In general.--The State plan shall certify 
                that payment rates for the provision of child care 
                services for which assistance is provided in accordance 
                with this subchapter are sufficient to ensure equal 
                access for eligible children to child care services 
                that are comparable to child care services in the State 
                or substate area involved that are provided to children 
                whose parents are not eligible to receive assistance 
                under this subchapter or to receive child care 
                assistance under any other Federal or State program and 
                shall provide a summary of the facts relied on by the 
                State to determine that such rates are sufficient to 
                ensure such access.
                    ``(B) Survey.--The State plan shall--
                            ``(i) demonstrate that the State has, after 
                        consulting with the State Advisory Council on 
                        Early Childhood Education and Care designated 
                        or established in section 642B(b)(1)(A)(i) of 
                        the Head Start Act (42 U.S.C. 
                        9837b(b)(1)(A)(i)), local child care program 
                        administrators, local child care resource and 
                        referral agencies, and other appropriate 
                        entities, developed and conducted (not earlier 
                        than 2 years before the date of the submission 
                        of the application containing the State plan) a 
                        statistically valid and reliable survey of the 
                        market rates for child care services in the 
                        State (that reflects variations in the cost of 
                        child care services by geographic area, type of 
                        provider, and age of child);
                            ``(ii) demonstrate that the State prepared 
                        a detailed report containing the results of the 
                        State market rates survey conducted pursuant to 
                        clause (i), and made the results of the survey 
                        widely available (not later than 30 days after 
                        the completion of such survey) through periodic 
                        means, including posting the results on the 
                        Internet;
                            ``(iii) describe how the State will set 
                        payment rates for child care services, for 
                        which assistance is provided in accordance with 
                        this subchapter--
                                    ``(I) in accordance with the 
                                results of the market rates survey 
                                conducted pursuant to clause (i);
                                    ``(II) taking into consideration 
                                the cost of providing higher quality 
                                child care services than were provided 
                                under this subchapter before the date 
                                of enactment of the Child Care and 
                                Development Block Grant Act of 2014; 
                                and
                                    ``(III) without, to the extent 
                                practicable, reducing the number of 
                                families in the State receiving such 
                                assistance to carry out this 
                                subchapter, relative to the number of 
                                such families on the date of enactment 
                                of that Act; and
                            ``(iv) describe how the State will provide 
                        for timely payment for child care services 
                        provided in accordance with this subchapter.
                    ``(C) Construction.--
                            ``(i) No private right of action.--Nothing 
                        in this paragraph shall be construed to create 
                        a private right of action.
                            ``(ii) No prohibition of certain different 
                        rates.--Nothing in this subchapter shall be 
                        construed to prevent a State from 
                        differentiating the payment rates described in 
                        subparagraph (B)(iii) on the basis of such 
                        factors as--
                                    ``(I) geographic location of child 
                                care providers (such as location in an 
                                urban or rural area);
                                    ``(II) the age or particular needs 
                                of children (such as the needs of 
                                children with disabilities and children 
                                served by child protective services);
                                    ``(III) whether the providers 
                                provide child care during weekend and 
                                other nontraditional hours; or
                                    ``(IV) the State's determination 
                                that such differentiated payment rates 
                                are needed to enable a parent to choose 
                                child care that is of high quality.''; 
                                and
            (5) in paragraph (5), by inserting ``(that is not a barrier 
        to families receiving assistance under this subchapter)'' after 
        ``cost sharing''.
    (c) Technical Amendment.--Section 658F(b)(2) of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858d(b)(2)) is amended 
by striking ``section 658E(c)(2)(F)'' and inserting ``section 
658E(c)(2)(I)''.

SEC. 6. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.

    Section 658G of the Child Care and Development Block Grant Act of 
1990 (42 U.S.C. 9858e) is amended to read as follows:

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

    ``(a) Reservation.--
            ``(1) Reservation for activities relating to the quality of 
        child care services.--A State that receives funds to carry out 
        this subchapter for a fiscal year referred to in paragraph (2) 
        shall reserve and use a portion of such funds, in accordance 
        with paragraph (2), for activities provided directly, or 
        through grants or contracts with local child care resource and 
        referral organizations or other appropriate entities, that are 
        designed to improve the quality of child care services and 
        increase parental options for, and access to, high-quality 
        child care, provided in accordance with this subchapter.
            ``(2) Amount of reservations.--Such State shall reserve and 
        use--
                    ``(A) to carry out the activities described in 
                paragraph (1), not less than--
                            ``(i) 6 percent of the funds described in 
                        paragraph (1), for the first and second full 
                        fiscal years after the date of enactment of the 
                        Child Care and Development Block Grant Act of 
                        2014;
                            ``(ii) 8 percent of such funds, for the 
                        third and fourth full fiscal years after the 
                        date of enactment; and
                            ``(iii) 10 percent of such funds, for the 
                        fifth full fiscal year after the date of 
                        enactment and each succeeding fiscal year; and
                    ``(B) in addition to the funds reserved under 
                subparagraph (A), 3 percent of the funds described in 
                paragraph (1), for the first full fiscal year after the 
                date of enactment and each succeeding fiscal year, to 
                carry out the activities described in paragraph (1) and 
                subsection (b)(4), as such activities relate to the 
                quality of care for infants and toddlers.
    ``(b) Activities.--Funds reserved under subsection (a) shall be 
used to carry out not fewer than 2 of the following activities:
            ``(1) Supporting the training, professional development, 
        and professional advancement of the child care workforce 
        through activities such as--
                    ``(A) offering child care providers training and 
                professional development that is intentional and 
                sequential and leads to a higher level of skill or 
                certification;
                    ``(B) establishing or supporting programs designed 
                to increase the retention and improve the competencies 
                of child care providers, including wage incentive 
                programs and initiatives that establish tiered payment 
                rates for providers that meet or exceed child care 
                services guidelines, as defined by the State;
                    ``(C) offering training, professional development, 
                and educational opportunities for child care providers 
                that relate to the use of developmentally appropriate 
                and age-appropriate curricula, and early childhood 
                teaching strategies, that are scientifically based and 
                aligned with the social, emotional, physical, and 
                cognitive development of children, including offering 
                specialized training for child care providers who care 
                for infants and toddlers, children who are English 
                learners, and children with disabilities (as defined in 
                section 602 of the Individuals with Disabilities 
                Education Act (20 U.S.C. 1401));
                    ``(D) providing training concerning the State early 
                learning and developmental guidelines, where 
                applicable, including training concerning early 
                mathematics and early language and literacy development 
                and effective instructional practices to support 
                mathematics and language and literacy development in 
                young children;
                    ``(E) incorporating effective use of data to guide 
                instruction and program improvement;
                    ``(F) including effective behavior management 
                strategies and training, including positive behavioral 
                interventions and supports, that promote positive 
                social and emotional development and reduce challenge 
                behaviors;
                    ``(G) at the option of the State, incorporating 
                feedback from experts at the State's institutions of 
                higher education, as defined in section 102 of the 
                Higher Education Act of 1965 (20 U.S.C. 1002), and 
                other early childhood development experts and early 
                childhood education and care experts;
                    ``(H) providing training corresponding to the 
                nutritional and physical activity needs of children to 
                promote healthy development;
                    ``(I) providing training or professional 
                development for child care providers to serve and 
                support children with disabilities;
                    ``(J) providing training and outreach on engaging 
                parents and families in culturally and linguistically 
                appropriate ways to expand their knowledge, skills, and 
                capacity to become meaningful partners in supporting 
                their children's learning and development;
                    ``(K) providing training or professional 
                development for child care providers regarding the 
                early neurological development of children; and
                    ``(L) connecting child care staff members of child 
                care providers with available Federal and State 
                financial aid, or other resources, that would assist 
                child care staff members in pursuing relevant 
                postsecondary training.
            ``(2) Supporting the use of the early learning and 
        developmental guidelines described in section 658E(c)(2)(T) 
        by--
                    ``(A) developing and implementing the State's early 
                learning and developmental guidelines; and
                    ``(B) providing technical assistance to enhance 
                early learning for preschool and school-aged children 
                in order to promote language and literacy skills, 
                foster school readiness, and support later school 
                success.
            ``(3) Developing and implementing a tiered quality rating 
        system for child care providers, which shall--
                    ``(A) support and assess the quality of child care 
                providers in the State;
                    ``(B) build on licensing standards and other State 
                regulatory standards for such providers;
                    ``(C) be designed to improve the quality of 
                different types of child care providers;
                    ``(D) describe the quality of early learning 
                facilities;
                    ``(E) build the capacity of State early childhood 
                education and care programs and communities to promote 
                parents' and families' understanding of the State's 
                early childhood education and care system and the 
                ratings of the programs in which the child is enrolled; 
                and
                    ``(F) provide, to the maximum extent practicable, 
                financial incentives and other supports designed to 
                help child care providers achieve and sustain higher 
                levels of quality.
            ``(4) Improving the supply and quality of child care 
        programs and services for infants and toddlers through 
        activities, which may include--
                    ``(A) establishing or expanding neighborhood-based 
                high-quality comprehensive family and child development 
                centers, which may serve as resources to child care 
                providers in order to improve the quality of early 
                childhood education and care and early childhood 
                development services provided to infants and toddlers 
                from low-income families and to help eligible child 
                care providers improve their capacity to offer high-
                quality care to infants and toddlers from low-income 
                families;
                    ``(B) establishing or expanding the operation of 
                community or neighborhood-based family child care 
                networks;
                    ``(C) supporting statewide networks of infant and 
                toddler child care specialists, including specialists 
                who have knowledge regarding infant and toddler 
                development and curriculum and program implementation 
                as well as the ability to coordinate services with 
                early intervention specialists who provide services for 
                infants and toddlers with disabilities under part C of 
                the Individuals with Disabilities Education Act (20 
                U.S.C. 1431 et seq.);
                    ``(D) carrying out initiatives to improve the 
                quality of the infant and toddler child care workforce, 
                such as providing relevant training, professional 
                development, or mentoring opportunities and linking 
                such opportunities to career pathways, developing 
                career pathways for providers in such workforce, and 
                improving the State credentialing of eligible providers 
                caring for infants and toddlers;
                    ``(E) if applicable, developing infant and toddler 
                components within the State's quality rating system 
                described in paragraph (3) for child care providers for 
                infants and toddlers, or the development of infant and 
                toddler components in a State's child care licensing 
                regulations or early learning and developmental 
                guidelines;
                    ``(F) improving the ability of parents to access 
                information about high-quality infant and toddler care; 
                and
                    ``(G) carrying out other activities determined by 
                the State to improve the quality of infant and toddler 
                care provided in the State, and for which there is 
                evidence that the activities will lead to improved 
                infant and toddler health and safety, infant and 
                toddler development, or infant and toddler well-being, 
                including providing training (including training in 
                safe sleep practices, first aid, and cardiopulmonary 
                resuscitation).
            ``(5) Promoting broad child care provider participation in 
        the quality rating system described in paragraph (3).
            ``(6) Establishing or expanding a statewide system of child 
        care resource and referral services.
            ``(7) Facilitating compliance with State requirements for 
        inspection, monitoring, training, and health and safety, and 
        with State licensing standards.
            ``(8) Evaluating and assessing the quality and 
        effectiveness of child care programs and services offered in 
        the State, including evaluating how such programs and services 
        may improve the overall school readiness of young children.
            ``(9) Supporting child care providers in the pursuit of 
        accreditation by an established national accrediting body with 
        demonstrated, valid, and reliable program standards of high 
        quality.
            ``(10) Supporting State or local efforts to develop or 
        adopt high-quality program standards relating to health, mental 
        health, nutrition, physical activity, and physical development 
        and providing resources to enable eligible child care providers 
        to meet, exceed, or sustain success in meeting or exceeding, 
        such standards.
            ``(11) Carrying out other activities determined by the 
        State to improve the quality of child care services provided in 
        the State, and for which measurement of outcomes relating to 
        improved provider preparedness, child safety, child well-being, 
        or school readiness is possible.
    ``(c) Certification.--Beginning with fiscal year 2015, at the 
beginning of each fiscal year, the State shall annually submit to the 
Secretary a certification containing an assurance that the State was in 
compliance with subsection (a) during the preceding fiscal year and a 
description of how the State used funds received under this subchapter 
to comply with subsection (a) during that preceding fiscal year.
    ``(d) Reporting Requirements.--Each State receiving funds under 
this subchapter shall prepare and submit an annual report to the 
Secretary, which shall include information about--
            ``(1) the amount of funds that are reserved under 
        subsection (a);
            ``(2) the activities carried out under this section; and
            ``(3) the measures that the State will use to evaluate the 
        State's progress in improving the quality of child care 
        programs and services in the State.
    ``(e) Technical Assistance.--The Secretary shall offer technical 
assistance, in accordance with section 658I(a)(3), which may include 
technical assistance through the use of grants or cooperative 
agreements, to States for the activities described in subsection (b).
    ``(f) Construction.--Nothing in this section shall be construed as 
providing the Secretary the authority to regulate, direct, or dictate 
State child care quality activities or progress in implementing those 
activities.''.

SEC. 7. CRIMINAL BACKGROUND CHECKS.

    The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 
9858 et seq.) is amended by inserting after section 658G the following:

``SEC. 658H. CRIMINAL BACKGROUND CHECKS.

    ``(a) In General.--A State that receives funds to carry out this 
subchapter shall have in effect--
            ``(1) requirements, policies, and procedures to require and 
        conduct criminal background checks for child care staff members 
        (including prospective child care staff members) of child care 
        providers described in subsection (c)(1); and
            ``(2) licensing, regulation, and registration requirements, 
        as applicable, that prohibit the employment of child care staff 
        members as described in subsection (c).
    ``(b) Requirements.--A criminal background check for a child care 
staff member under subsection (a) shall include--
            ``(1) a search of each State criminal and sex offender 
        registry or repository in the State where the child care staff 
        member resides and each State where such staff member resided 
        during the preceding 10 years;
            ``(2) a search of State-based child abuse and neglect 
        registries and databases in the State where the child care 
        staff member resides and each State where such staff member 
        resided during the preceding 10 years;
            ``(3) a search of the National Crime Information Center;
            ``(4) a Federal Bureau of Investigation fingerprint check 
        using the Integrated Automated Fingerprint Identification 
        System; and
            ``(5) a search of the National Sex Offender Registry 
        established under the Adam Walsh Child Protection and Safety 
        Act of 2006 (42 U.S.C. 16901 et seq.).
    ``(c) Prohibitions.--
            ``(1) Child care staff members.--A child care staff member 
        shall be ineligible for employment by a child care provider 
        that is licensed, regulated, or registered by the State or for 
        which assistance is provided in accordance with this 
        subchapter, if such individual--
                    ``(A) refuses to consent to the criminal background 
                check described in subsection (b);
                    ``(B) knowingly makes a materially false statement 
                in connection with such criminal background check;
                    ``(C) is registered, or is required to be 
                registered, on a State sex offender registry or 
                repository or the National Sex Offender Registry 
                established under the Adam Walsh Child Protection and 
                Safety Act of 2006 (42 U.S.C. 16901 et seq.); or
                    ``(D) has been convicted of a felony consisting 
                of--
                            ``(i) murder, as described in section 1111 
                        of title 18, United States Code;
                            ``(ii) child abuse or neglect;
                            ``(iii) a crime against children, including 
                        child pornography;
                            ``(iv) spousal abuse;
                            ``(v) a crime involving rape or sexual 
                        assault;
                            ``(vi) kidnaping;
                            ``(vii) arson;
                            ``(viii) physical assault or battery; or
                            ``(ix) subject to subsection (e)(4), a 
                        drug-related offense committed during the 
                        preceding 5 years; or
                    ``(E) has been convicted of a violent misdemeanor 
                committed as an adult against a child, including the 
                following crimes: child abuse, child endangerment, 
                sexual assault, or of a misdemeanor involving child 
                pornography.
            ``(2) Child care providers.--A child care provider 
        described in paragraph (1) shall be ineligible for assistance 
        provided in accordance with this subchapter if the provider 
        employs a staff member who is ineligible for employment under 
        paragraph (1).
    ``(d) Submission of Requests for Background Checks.--
            ``(1) In general.--A child care provider covered by 
        subsection (c) shall submit a request, to the appropriate State 
        agency designated by a State, for a criminal background check 
        described in subsection (b), for each child care staff member 
        (including prospective child care staff members) of the 
        provider.
            ``(2) Staff members.--Subject to paragraph (4), in the case 
        of an individual who became a child care staff member before 
        the date of enactment of the Child Care and Development Block 
        Grant Act of 2014, the provider shall submit such a request--
                    ``(A) prior to the last day described in subsection 
                (i)(1); and
                    ``(B) not less often than once during each 5-year 
                period following the first submission date under this 
                paragraph for that staff member.
            ``(3) Prospective staff members.--Subject to paragraph (4), 
        in the case of an individual who is a prospective child care 
        staff member on or after that date of enactment, the provider 
        shall submit such a request--
                    ``(A) prior to the date the individual becomes a 
                child care staff member of the provider; and
                    ``(B) not less often than once during each 5-year 
                period following the first submission date under this 
                paragraph for that staff member.
            ``(4) Background check for another child care provider.--A 
        child care provider shall not be required to submit a request 
        under paragraph (2) or (3) for a child care staff member if--
                    ``(A) the staff member received a background check 
                described in subsection (b)--
                            ``(i) within 5 years before the latest date 
                        on which such a submission may be made; and
                            ``(ii) while employed by or seeking 
                        employment by another child care provider 
                        within the State;
                    ``(B) the State provided to the first provider a 
                qualifying background check result, consistent with 
                this subchapter, for the staff member; and
                    ``(C) the staff member is employed by a child care 
                provider within the State, or has been separated from 
                employment from a child care provider within the State 
                for a period of not more than 180 consecutive days.
    ``(e) Background Check Results and Appeals.--
            ``(1) Background check results.--The State shall carry out 
        the request of a child care provider for a criminal background 
        check as expeditiously as possible, but in not to exceed 45 
        days after the date on which such request was submitted, and 
        shall provide the results of the criminal background check to 
        such provider and to the current or prospective staff member.
            ``(2) Privacy.--
                    ``(A) In general.--The State shall provide the 
                results of the criminal background check to the 
                provider in a statement that indicates whether a child 
                care staff member (including a prospective child care 
                staff member) is eligible or ineligible for employment 
                described in subsection (c), without revealing any 
                disqualifying crime or other related information 
                regarding the individual.
                    ``(B) Ineligible staff member.--If the child care 
                staff member is ineligible for such employment due to 
                the background check, the State will, when providing 
                the results of the background check, include 
                information related to each disqualifying crime, in a 
                report to the staff member or prospective staff member.
                    ``(C) Public release of results.--No State shall 
                publicly release or share the results of individual 
                background checks, however, such results of background 
                checks may be included in the development or 
                dissemination of local or statewide data related to 
                background checks, if such results are not individually 
                identifiable.
            ``(3) Appeals.--
                    ``(A) In general.--The State shall provide for a 
                process by which a child care staff member (including a 
                prospective child care staff member) may appeal the 
                results of a criminal background check conducted under 
                this section to challenge the accuracy or completeness 
                of the information contained in such member's criminal 
                background report.
                    ``(B) Appeals process.--The State shall ensure 
                that--
                            ``(i) each child care staff member shall be 
                        given notice of the opportunity to appeal;
                            ``(ii) a child care staff member will 
                        receive instructions about how to complete the 
                        appeals process if the child care staff member 
                        wishes to challenge the accuracy or 
                        completeness of the information contained in 
                        such member's criminal background report; and
                            ``(iii) the appeals process is completed in 
                        a timely manner for each child care staff 
                        member.
            ``(4) Review.--The State may allow for a review process 
        through which the State may determine that a child care staff 
        member (including a prospective child care staff member) 
        disqualified for a crime specified in subsection (c)(1)(D)(ix) 
        is eligible for employment described in subsection (c)(1), 
        notwithstanding subsection (c). The review process shall be 
        consistent with title VII of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e et seq.).
            ``(5) No private right of action.--Nothing in this section 
        shall be construed to create a private right of action if the 
        provider is in compliance with State regulations and 
        requirements.
    ``(f) Fees for Background Checks.--Fees that a State may charge for 
the costs of processing applications and administering a criminal 
background check as required by this section shall not exceed the 
actual costs to the State for the processing and administration.
    ``(g) Construction.--
            ``(1) Disqualification for other crimes.--Nothing in this 
        section shall be construed to prevent a State from 
        disqualifying individuals as child care staff members based on 
        their conviction for crimes not specifically listed in this 
        section that bear upon the fitness of an individual to provide 
        care for and have responsibility for the safety and well-being 
        of children.
            ``(2) Rights and remedies.--Nothing in this section shall 
        be construed to alter or otherwise affect the rights and 
        remedies provided for child care staff members residing in a 
        State that disqualifies individuals as child care staff members 
        for crimes not specifically provided for under this section.
    ``(h) Definitions.--In this section--
            ``(1) the term `child care provider' means a center-based 
        child care provider, a family child care provider, or another 
        provider of child care services for compensation and on a 
        regular basis that--
                    ``(A) is not an individual who is related to all 
                children for whom child care services are provided; and
                    ``(B) is licensed, regulated, or registered under 
                State law or receives assistance provided in accordance 
                with this subchapter; and
            ``(2) the term `child care staff member' means an 
        individual (other than an individual who is related to all 
        children for whom child care services are provided)--
                    ``(A) who is employed by a child care provider for 
                compensation;
                    ``(B) whose activities involve the care or 
                supervision of children for a child care provider or 
                unsupervised access to children who are cared for or 
                supervised by a child care provider; or
                    ``(C) who is a family child care provider.
    ``(i) Effective Date.--
            ``(1) In general.--A State that receives funds under this 
        subchapter shall meet the requirements of this section for the 
        provision of criminal background checks for child care staff 
        members described in subsection (d)(1) not later than the last 
        day of the second full fiscal year after the date of enactment 
        of the Child Care and Development Block Grant Act of 2014.
            ``(2) Extension.--The Secretary may grant a State an 
        extension of time, of not more than 1 fiscal year, to meet the 
        requirements of this section if the State demonstrates a good 
        faith effort to comply with the requirements of this section.
            ``(3) Penalty for noncompliance.--Except as provided in 
        paragraphs (1) and (2), for any fiscal year that a State fails 
        to comply substantially with the requirements of this section, 
        the Secretary shall withhold 5 percent of the funds that would 
        otherwise be allocated to that State in accordance with this 
        subchapter for the following fiscal year.''.

SEC. 8. REPORTS AND INFORMATION.

    (a) Administration.--Section 658I of the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858g) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) by inserting a comma after ``publish''; 
                        and
                            (ii) by striking ``and'' at the end;
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) provide technical assistance to States (which may 
        include providing assistance on a reimbursable basis), 
        consistent with (as appropriate) scientifically valid research, 
        to carry out this subchapter;''; and
                    (C) by adding at the end the following:
            ``(4) disseminate, for voluntary informational purposes, 
        information on practices that scientifically valid research 
        indicates are most successful in improving the quality of 
        programs that receive assistance with this subchapter;
            ``(5) after consultation with the Secretary of Education 
        and the heads of any other Federal agencies involved, issue 
        guidance, and disseminate information on best practices, 
        regarding use of funding combined by States as described in 
        section 658E(c)(2)(O)(ii), consistent with law other than this 
        subchapter.''; and
            (2) by adding at the end the following:
    ``(c) Prohibition.--Nothing in this subchapter shall be construed 
as providing the Secretary the authority to permit States to alter the 
eligibility requirements for eligible children, including work 
requirements that apply to the parents of eligible children.''.
    (b) Requests for Relief.--Section 658I of the Child Care and 
Development Block Grant Act of 1990, as amended by subsection (a), is 
further amended by adding at the end the following:
    ``(d) Request for Relief.--
            ``(1) In general.--The State may submit to the Secretary a 
        request for relief from any provision of Federal law (including 
        a regulation, policy, or procedure) affecting the delivery of 
        child care services with Federal funds, other than this 
        subchapter, that conflicts with a requirement of this 
        subchapter.
            ``(2) Contents.--Such request shall--
                    ``(A) detail the provision of Federal law that 
                conflicts with that requirement;
                    ``(B) describe how modifying compliance with that 
                provision of Federal law to meet the requirements of 
                this subchapter will, by itself, improve delivery of 
                child care services for children in the State; and
                    ``(C) certify that the health, safety, and well-
                being of children served through assistance received 
                under this subchapter will not be compromised as a 
                result.
            ``(3) Consultation.--The Secretary shall consult with the 
        State submitting the request and the head of each Federal 
        agency (other than the Secretary) with responsibility for 
        administering the Federal law detailed in the State's request. 
        The consulting parties shall jointly identify--
                    ``(A) any provision of Federal law (including a 
                regulation, policy, or procedure) for which a waiver is 
                necessary to enable the State to provide services in 
                accordance with the request; and
                    ``(B) any corresponding waiver.
            ``(4) Waivers.--Notwithstanding any other provision of law, 
        and after the joint identification described in paragraph (3), 
        the head of the Federal agency involved shall have the 
        authority to waive any statutory provision administered by that 
        agency, or any regulation, policy, or procedure issued by that 
        agency, that has been so identified, unless the head of the 
        Federal agency determines that such a waiver is inconsistent 
        with the objectives of this subchapter or the Federal law from 
        which relief is sought.
            ``(5) Approval.--Within 90 days after the receipt of a 
        State's request under this subsection, the Secretary shall 
        inform the State of the Secretary's approval or disapproval of 
        the request. If the plan is disapproved, the Secretary shall 
        inform the State, in writing, of the reasons for the 
        disapproval and give the State the opportunity to amend the 
        request.
            ``(6) Duration.--The Secretary may approve a request under 
        this subsection for a period of not more than 3 years, and may 
        renew the approval for additional periods of not more than 3 
        years.
            ``(7) Termination.--The Secretary shall terminate approval 
        of a request for relief authorized under this subsection if the 
        Secretary determines, after notice and opportunity for a 
        hearing, that the performance of a State granted relief under 
        this subsection has been inadequate, or if such relief is no 
        longer necessary to achieve its original purposes.''.
    (c) Reports.--Section 658K(a) of the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858i(a)) is amended--
            (1) in paragraph (1)(B)--
                    (A) in clause (ix), by striking ``and'' at the end;
                    (B) in clause (x), by inserting ``and'' at the end; 
                and
                    (C) by inserting after clause (x), the following:
                            ``(xi) whether the children receiving 
                        assistance under this subchapter are homeless 
                        children;''; and
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``1997'' and inserting ``2014''; and
                    (B) in subparagraph (A), by striking ``section 
                658P(5)'' and inserting ``section 658P(6)''.
    (d) Report by Secretary.--Section 658L of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 658L. REPORTS, HOTLINE, AND WEB SITE.'';

            (2) by striking ``Not later'' and inserting the following:
    ``(a) Report by Secretary.--Not later'';
            (3) by striking ``1998'' and inserting ``2016''; and
            (4) by striking ``to the Committee'' and all that follows 
        through ``of the Senate'' and inserting ``to the Committee on 
        Education and the Workforce of the House of Representatives and 
        the Committee on Health, Education, Labor, and Pensions of the 
        Senate''; and
            (5) by adding at the end the following:
    ``(b) National Toll-Free Hotline and Web Site.--
            ``(1) In general.--The Secretary shall operate a national 
        toll-free hotline and Web site, to--
                    ``(A) develop and disseminate publicly available 
                child care consumer education information for parents 
                and help parents access safe, affordable, and quality 
                child care in their community; and
                    ``(B) to allow persons to report (anonymously if 
                desired) suspected child abuse or neglect, or 
                violations of health and safety requirements, by an 
                eligible child care provider that receives assistance 
                under this subchapter.
            ``(2) Requirements.--The Secretary shall ensure that the 
        hotline and Web site meet the following requirements:
                    ``(A) Referral to local child care providers.--The 
                Web site shall be hosted by `childcare.gov'. The Web 
                site shall enable a child care consumer to enter a zip 
                code and obtain a referral to local child care 
                providers described in subparagraph (B) within a 
                specified search radius.
                    ``(B) Information.--The Web site shall provide to 
                consumers, directly or through linkages to State 
                databases, at a minimum--
                            ``(i) a localized list of all State 
                        licensed child care providers;
                            ``(ii) any provider-specific information 
                        from a Quality Rating and Improvement System or 
                        information about other quality indicators, to 
                        the extent the information is publicly 
                        available and to the extent practicable;
                            ``(iii) any other provider-specific 
                        information about compliance with licensing, 
                        and health and safety, requirements to the 
                        extent the information is publicly available 
                        and to the extent practicable;
                            ``(iv) referrals to local resource and 
                        referral organizations from which consumers can 
                        find more information about child care 
                        providers, and a recommendation that consumers 
                        consult with the organizations when selecting a 
                        child care provider; and
                            ``(v) State information about child care 
                        subsidy programs and other financial supports 
                        available to families.
                    ``(C) Nationwide capacity.--The Web site and 
                hotline shall have the capacity to help families in 
                every State and community in the Nation.
                    ``(D) Information at all hours.--The Web site shall 
                provide, to parents and families, access to information 
                about child care 24 hours a day.
                    ``(E) Services in different languages.--The Web 
                site and hotline shall ensure the widest possible 
                access to services for families who speak languages 
                other than English.
                    ``(F) High-quality consumer education and 
                referral.--The Web site and hotline shall ensure that 
                families have access to child care consumer education 
                and referral services that are consistent and of high 
                quality.
            ``(3) Prohibition.--Nothing in this subsection shall be 
        construed to allow the Secretary to compel States to provide 
        additional data and information that is currently (as of the 
        date of enactment of the Child Care and Development Block Grant 
        Act of 2014) not publicly available, or is not required by this 
        subchapter.''.
    (e) Protection of Information.--Section 658K(a)(1) of the Child 
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)(1)) is 
amended by adding at the end the following:
                    ``(E) Prohibition.--Reports submitted to the 
                Secretary under subparagraph (C) shall not contain 
                individually identifiable information.''.

SEC. 9. RESERVATION FOR TOLL-FREE HOTLINE AND WEB SITE; PAYMENTS TO 
              BENEFIT INDIAN CHILDREN.

    Section 658O of the Child Care and Development Block Grant Act of 
1990 (42 U.S.C. 9858m) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) by striking ``The Secretary'' and 
                        inserting the following:
                    ``(A) In general.--The Secretary'';
                            (ii) by striking ``1 percent, and not more 
                        than 2 percent,'' and inserting ``2 percent''; 
                        and
                            (iii) by adding at the end the following:
                    ``(B) Limitations.--Notwithstanding subparagraph 
                (A), the Secretary shall only reserve an amount that is 
                greater than 2 percent of the amount appropriated under 
                section 658B, for payments described in subparagraph 
                (A), for a fiscal year (referred to in this 
                subparagraph as the `reservation year') if --
                            ``(i) the amount appropriated under section 
                        658B for the reservation year is greater than 
                        the amount appropriated under section 658B for 
                        fiscal year 2014; and
                            ``(ii) the Secretary ensures that the 
                        amount allotted to States under subsection (b) 
                        for the reservation year is not less than the 
                        amount allotted to States under subsection (b) 
                        for fiscal year 2014.''; and
                    (B) by adding at the end the following:
            ``(3) National toll-free hotline and web site.--The 
        Secretary shall reserve not less than $1,000,000 of the amount 
        appropriated under this subchapter for each fiscal year for the 
        operation of a national toll-free hotline and Web site, under 
        section 658L(b).''; and
            (2) in subsection (c)--
                    (A) in paragraph (2), by adding at the end the 
                following:
                    ``(D) Licensing and standards.--In lieu of any 
                licensing and regulatory requirements applicable under 
                State or local law, the Secretary, in consultation with 
                Indian tribes and tribal organizations, shall develop 
                minimum child care standards that shall be applicable 
                to Indian tribes and tribal organizations receiving 
                assistance under this subchapter. Such standards shall 
                appropriately reflect Indian tribe and tribal 
                organization needs and available resources, and shall 
                include standards requiring a publicly available 
                application, health and safety standards, and standards 
                requiring a reservation of funds for activities to 
                improve the quality of child care provided to Indian 
                children.''; and
                    (B) in paragraph (6), by striking subparagraph (C) 
                and inserting the following:
                    ``(C) Limitation.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the Secretary may not permit an 
                        Indian tribe or tribal organization to use 
                        amounts provided under this subsection for 
                        construction or renovation if the use will 
                        result in a decrease in the level of child care 
                        services provided by the Indian tribe or tribal 
                        organization as compared to the level of child 
                        care services provided by the Indian tribe or 
                        tribal organization in the fiscal year 
                        preceding the year for which the determination 
                        under subparagraph (B) is being made.
                            ``(ii) Waiver.--The Secretary shall waive 
                        the limitation described in clause (i) if--
                                    ``(I) the Secretary determines that 
                                the decrease in the level of child care 
                                services provided by the Indian tribe 
                                or tribal organization is temporary; 
                                and
                                    ``(II) the Indian tribe or tribal 
                                organization submits to the Secretary a 
                                plan that demonstrates that after the 
                                date on which the construction or 
                                renovation is completed--
                                            ``(aa) the level of child 
                                        care services will increase; or
                                            ``(bb) the quality of child 
                                        care services will improve.''.

SEC. 10. DEFINITIONS.

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

SEC. 10A. PARENTAL RIGHTS AND RESPONSIBILITIES.

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

SEC. 11. STUDIES ON WAITING LISTS.

    (a) Study.--The Comptroller General of the United States shall 
conduct studies to determine, for each State, the number of families 
that--
            (1) are eligible to receive assistance under the Child Care 
        and Development Block Grant Act of 1990 (42 U.S.C. 9858 et 
        seq.);
            (2) have applied for the assistance; and
            (3) have been placed on a waiting list for the assistance.
    (b) Report.--The Comptroller General shall prepare a report 
containing the results of each study and shall submit the report to the 
appropriate committees of Congress--
            (1) not later than 2 years after the date of enactment of 
        this Act; and
            (2) every 2 years thereafter.
    (c) Definition.--In this section, the term ``State'' has the 
meaning given the term in section 658P of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858n).

SEC. 12. CONFORMING AMENDMENT.

    Section 319C-1(b)(2)(A)(vii) of the Public Health Service Act (42 
U.S.C. 247d-3a(b)(2)(A)(vii)) is amended by inserting ``or 
established'' after ``designated''.

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

    (a) In General.--The Secretary of Health and Human Services, in 
conjunction with the Secretary of Education, shall conduct an 
interdepartmental review of all early learning and care programs in 
order to--
            (1) develop a plan for the elimination of duplicative and 
        overlapping programs, as identified by the Government 
        Accountability Office's 2012 annual report (GAO-12-342SP); and
            (2) make recommendations to Congress for streamlining all 
        such programs.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Health and Human Services, in consultation 
with the Secretary of Education and the heads of all Federal agencies 
that administer Federal early learning and care programs, shall submit 
to the Committee on Health, Education, Labor, and Pensions of the 
Senate and the Committee on Education and the Workforce of the House of 
Representatives, a detailed report that outlines the efficiencies that 
can be achieved by, as well as specific recommendations for, 
eliminating duplication, overlap, and fragmentation among all Federal 
early learning and care programs.

SEC. 14. SAFE CHILD CARE ACT.

    (a) Short Title.--This section may be cited as the ``Safe Child 
Care Act of 2014''.
    (b) Background Checks.--Section 231 of the Crime Control Act of 
1990 (42 U.S.C. 13041) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``subsection 
                (b)(3)'' and inserting ``paragraph (3)''; and
                    (B) by redesignating paragraph (2) as paragraph 
                (4);
            (2) by moving paragraphs (2) and (3) of subsection (b) to 
        subsection (a), and inserting them after paragraph (1) of that 
        subsection;
            (3) in subsection (a)(3), as redesignated by paragraph (2) 
        of this subsection, by striking ``subsection (a)(1)'' and 
        inserting ``paragraph (1)'';
            (4) in subsection (b), by striking paragraph (1) and 
        inserting the following:
    ``(1) A background check required by subsection (a) shall be 
initiated through the personnel programs of the applicable Federal 
agencies.
    ``(2) A background check for a child care staff member under 
subsection (a) shall include--
            ``(A) a search, including a fingerprint check, of the State 
        criminal registry or repository in--
                    ``(i) the State where the child care staff member 
                resides; and
                    ``(ii) each State where the child care staff member 
                previously resided during the longer of--
                            ``(I) the 10-year period ending on the date 
                        on which the background check is initiated; or
                            ``(II) the period beginning on the date on 
                        which the child care staff member attained 18 
                        years of age and ending on the date on which 
                        the background check is initiated;
            ``(B) a search of State-based child abuse and neglect 
        registries and databases in--
                    ``(i) the State where the child care staff member 
                resides; and
                    ``(ii) each State where the child care staff member 
                previously resided during the longer of--
                            ``(I) the 10-year period ending on the date 
                        on which the background check is initiated; or
                            ``(II) the period beginning on the date on 
                        which the child care staff member attained 18 
                        years of age and ending on the date on which 
                        the background check is initiated;
            ``(C) a search of the National Crime Information Center 
        database;
            ``(D) a Federal Bureau of Investigation fingerprint check 
        using the Integrated Automated Fingerprint Identification 
        System;
            ``(E) a search of the National Sex Offender Registry 
        established under the Adam Walsh Child Protection and Safety 
        Act of 2006 (42 U.S.C. 16901 et seq.); and
            ``(F) a search of the State sex offender registry 
        established under that Act in--
                    ``(i) the State where the child care staff member 
                resides; and
                    ``(ii) each State where the child care staff member 
                previously resided during the longer of--
                            ``(I) the 10-year period ending on the date 
                        on which the background check is initiated; or
                            ``(II) the period beginning on the date on 
                        which the child care staff member attained 18 
                        years of age and ending on the date on which 
                        the background check is initiated.
    ``(3) A child care staff member shall be ineligible for employment 
by a child care provider if such individual--
            ``(A) refuses to consent to the background check described 
        in subsection (a);
            ``(B) makes a false statement in connection with such 
        background check;
            ``(C) is registered, or is required to be registered, on a 
        State sex offender registry or the National Sex Offender 
        Registry established under the Adam Walsh Child Protection and 
        Safety Act of 2006; or
            ``(D) has been convicted of a felony consisting of--
                    ``(i) murder, as described in section 1111 of title 
                18, United States Code;
                    ``(ii) child abuse or neglect;
                    ``(iii) a crime against children, including child 
                pornography;
                    ``(iv) spousal abuse;
                    ``(v) a crime involving rape or sexual assault;
                    ``(vi) kidnapping;
                    ``(vii) arson;
                    ``(viii) physical assault or battery; or
                    ``(ix) subject to paragraph (5)(D), a drug-related 
                offense committed during the preceding 5 years.
    ``(4)(A) A child care provider covered by paragraph (3) shall 
submit a request, to the appropriate State agency designated by a 
State, for a background check described in subsection (a), for each 
child care staff member (including prospective child care staff 
members) of the provider.
    ``(B) In the case of an individual who is hired as a child care 
staff member before the date of enactment of the Safe Child Care Act of 
2014, the provider shall submit such a request--
            ``(i) prior to the last day of the second full fiscal year 
        after that date of enactment; and
            ``(ii) not less often than once during each 5-year period 
        following the first submission date under this subparagraph for 
        that staff member.
    ``(C) In the case of an individual who is a prospective child care 
staff member on or after that date of enactment, the provider shall 
submit such a request--
            ``(i) prior to the date the individual becomes a child care 
        staff member of the provider; and
            ``(ii) not less often than once during each 5-year period 
        following the first submission date under this subparagraph for 
        that staff member.
    ``(5)(A) The State shall--
            ``(i) carry out the request of a child care provider for a 
        background check described in subsection (a) as expeditiously 
        as possible; and
            ``(ii) in accordance with subparagraph (B) of this 
        paragraph, provide the results of the background check to--
                    ``(I) the child care provider; and
                    ``(II) the current or prospective child care staff 
                member for whom the background check is conducted.
    ``(B)(i) The State shall provide the results of a background check 
to a child care provider as required under subparagraph (A)(ii)(I) in a 
statement that--
            ``(I) indicates whether the current or prospective child 
        care staff member for whom the background check is conducted is 
        eligible or ineligible for employment by a child care provider; 
        and
            ``(II) does not reveal any disqualifying crime or other 
        related information regarding the current or prospective child 
        care staff member.
    ``(ii) If a current or prospective child care staff member is 
ineligible for employment by a child care provider due to a background 
check described in subsection (a), the State shall provide the results 
of the background check to the current or prospective child care staff 
member as required under subparagraph (A)(ii)(II) in a criminal 
background report that includes information relating to each 
disqualifying crime.
    ``(iii) A State--
            ``(I) may not publicly release or share the results of an 
        individual background check described in subsection (a); and
            ``(II) may include the results of background checks 
        described in subsection (a) in the development or dissemination 
        of local or statewide data relating to background checks if the 
        results are not individually identifiable.
    ``(C)(i) The State shall provide for a process by which a child 
care staff member (including a prospective child care staff member) may 
appeal the results of a background check required under subsection (a) 
to challenge the accuracy or completeness of the information contained 
in the criminal background report of the staff member.
    ``(ii) The State shall ensure that--
            ``(I) the appeals process is completed in a timely manner 
        for each child care staff member;
            ``(II) each child care staff member is given notice of the 
        opportunity to appeal; and
            ``(III) each child care staff member who wishes to 
        challenge the accuracy or completeness of the information in 
        the criminal background report of the child care staff member 
        is given instructions about how to complete the appeals 
        process.
    ``(D)(i) The State may allow for a review process through which the 
State may determine that a child care staff member (including a 
prospective child care staff member) disqualified for a crime specified 
in paragraph (3)(D)(ix) is eligible for employment by a child care 
provider, notwithstanding paragraph (3).
    ``(ii) The review process under this subparagraph shall be 
consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 
2000e et seq.).
    ``(E) Nothing in this section shall be construed to create a 
private right of action against a child care provider if the child care 
provider is in compliance with this section.
    ``(F) This section shall apply to each State that receives funding 
under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 
9858 et seq.).
    ``(6) Fees that the State may charge for the costs of conducting a 
background check as required by subsection (a) shall not exceed the 
actual costs to the State for the administration of such background 
checks.
    ``(7) Nothing in this subsection shall be construed to prevent a 
Federal agency from disqualifying an individual as a child care staff 
member based on a conviction of the individual for a crime not 
specifically listed in this subsection that bears upon the fitness of 
an individual to provide care for and have responsibility for the 
safety and well-being of children.
    ``(8) In this subsection--
            ``(A) the term `child care provider' means an agency of the 
        Federal Government, or a unit of or contractor with the Federal 
        Government that is operating a facility, described in 
        subsection (a); and
            ``(B) the term `child care staff member' means an 
        individual who is hired, or seeks to be hired, by a child care 
        provider to be involved with the provision of child care 
        services, as described in subsection (a).''; and
            (5) by striking subsection (c) and inserting the following:
    ``(c) Suspension Pending Disposition of Criminal Case.--In the case 
of an incident in which an individual has been charged with an offense 
described in subsection (b)(3)(D) and the charge has not yet been 
disposed of, an employer may suspend an employee from having any 
contact with children while on the job until the case is resolved.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1 of the second full fiscal year after the date of 
enactment of this Act.

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

    Section 590 of title 40, United States Code, is amended--
            (1) by redesignating subsections (a) through (g) as 
        subsections (b) through (h), respectively;
            (2) by inserting before subsection (b) (as so redesignated) 
        the following:
    ``(a) Definition of Federal Employee.--In this section, the term 
`Federal employee' does not include a person that--
            ``(1) is not employed by the Federal Government; and
            ``(2) meets the requirements described in subsection 
        (c)(2)(C)(i)(II).'';
            (3) in paragraph (2)(C) of subsection (c) (as so 
        redesignated), by striking clause (i) and inserting the 
        following:
                            ``(i) the space will be used to provide 
                        child care services to children of whom at 
                        least 50 percent have 1 parent or guardian 
                        who--
                                    ``(I) is employed by the Federal 
                                Government; or
                                    ``(II)(aa) has met the requirements 
                                for a master's degree or a doctorate 
                                degree from an institution of higher 
                                education (as defined in section 102 of 
                                the Higher Education Act of 1965 (20 
                                U.S.C. 1002)); and
                                    ``(bb) is conducting research in 
                                the Federal building under an 
                                arrangement between the parent or 
                                guardian and a Federal agency.''; and
            (4) in subsection (d) (as so redesignated), by striking 
        ``subsection (b)'' each place it appears and inserting 
        ``subsection (c)''.

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

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

            Passed the Senate March 13, 2014.

            Attest:

                                                             Secretary.
113th CONGRESS

  2d Session

                                S. 1086

_______________________________________________________________________

                                 AN ACT

 To reauthorize and improve the Child Care and Development Block Grant 
                  Act of 1990, and for other purposes.
```