II 

113TH CONGRESS 

1ST SESSION S. 1086 

To reauthorize and improve the Child Care and Development Block Grant 

Act of 1990, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 3, 2013 

Ms. MIKULSKI (for herself, Mr. BURR, Mr. HARKIN, and Mr. ALEXANDER) 

introduced the following bill; which was read twice and referred to the 

Committee on Health, Education, Labor, and Pensions 

A BILL 

To reauthorize and improve the Child Care and Development 

Block Grant Act of 1990, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Child Care and Devel5 opment Block Grant Act of 2013’’. 

6 SEC. 2. SHORT TITLE AND PURPOSES. 

7 Section 658A of the Child Care and Development 

8 Block Grant Act of 1990 (42 U.S.C. 9801 note) is amend9 ed to read as follows: 


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1 ‘‘SEC. 658A. SHORT TITLE AND PURPOSES. 

2 ‘‘(a) SHORT TITLE.—This subchapter may be cited 

3 as the ‘Child Care and Development Block Grant Act of 

4 1990’. 

5 ‘‘(b) PURPOSES.—The purposes of this subchapter 

6 are— 

7 ‘‘(1) to allow each State maximum flexibility in 

8 developing child care programs and policies that best 

9 suit the needs of children and parents within that 

10 State; 

11 ‘‘(2) to promote parental choice to empower 

12 working parents to make their own decisions regard13 ing the child care that best suits their family’s 

14 needs; 

15 ‘‘(3) to assist States in providing high-quality 

16 child care services to parents trying to achieve inde17 pendence from public assistance; 

18 ‘‘(4) to assist States in improving the overall 

19 quality of child care services and programs by imple20 menting the health, safety, licensing, training, and 

21 oversight standards established in this subchapter 

22 and in State law (including regulations); 

23 ‘‘(5) to improve school readiness by having chil24 dren, families, and child care providers engage in ac25 tivities, in child care settings, that are develop26 mentally appropriate and age-appropriate for the 


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1 children and that promote children’s language and 

2 literacy and mathematics skills, social and emotional 

3 development, physical health and development, and 

4 approaches to learning; 

5 ‘‘(6) to encourage States to provide consumer 

6 education information to help parents make in7 formed choices about child care services and to pro8 mote involvement by parents and family members in 

9 the education of their children in child care settings; 

10 ‘‘(7) to increase the number and percentage of 

11 low-income children in high-quality child care set12 tings; and 

13 ‘‘(8) to improve the coordination and delivery of 

14 early childhood education and care (including child 

15 care).’’. 

16 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

17 Section 658B of the Child Care and Development 

18 Block Grant Act of 1990 (42 U.S.C. 9801) is amended 

19 by striking ‘‘subchapter’’ and all that follows, and insert20 ing ‘‘subchapter, such sums as may be necessary for each 

21 of fiscal years 2014 through 2019.’’. 

22 SEC. 4. LEAD AGENCY. 

23 Section 658D(a) of the Child Care and Development 

24 Block Grant Act of 1990 (42 U.S.C. 9858b(a)) is amend25 ed— 


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1 (1) by striking ‘‘chief executive officer’’ and in2 serting ‘‘Governor’’; and 

3 (2) by striking ‘‘designate’’ and all that follows 

4 and inserting ‘‘designate an agency (which may be 

5 an appropriate collaborative agency), or establish a 

6 joint interagency office, that complies with the re7 quirements of subsection (b) to serve as the lead 

8 agency for the State under this subchapter.’’. 

9 SEC. 5. APPLICATION AND PLAN. 

10 (a) PERIOD.—Section 658E(b) of the Child Care and 

11 Development Block Grant Act of 1990 (42 U.S.C. 

12 9858c(b)) is amended, by striking ‘‘2-year’’ and inserting 

13 ‘‘3-year’’. 

14 (b) POLICIES AND PROCEDURES.—Section 658E(c) 

15 of such Act (42 U.S.C. 9858c(c)) is amended— 

16 (1) in paragraph (1), by inserting ‘‘or estab17 lished’’ after ‘‘designated’’; 

18 (2) in paragraph (2)— 

19 (A) in subparagraph (B), by inserting a 

20 comma after ‘‘care of such providers’’; 

21 (B) by striking subparagraphs (D) through 

22 (H); and 

23 (C) by adding at the end the following: 

24 ‘‘(D) MONITORING AND INSPECTION RE25 PORTS.—The plan shall include a certification 


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1 that the State, not later than 1 year after the 

2 date of enactment of the Child Care and Devel3 opment Block Grant Act of 2013, will make 

4 public by electronic means, in a consumer5 friendly and easily accessible format, organized 

6 by provider, the results of monitoring and in7 spection reports, including those due to major 

8 substantiated complaints about failure to com9 ply with this subchapter and State child care 

10 policies, as well as the number of deaths, seri11 ous injuries, and instances of substantiated 

12 child abuse that occurred in child care settings 

13 each year, for eligible child care providers with14 in the State. 

15 ‘‘(E) CONSUMER EDUCATION INFORMA16 TION.—The plan shall include a certification 

17 that the State will collect and disseminate 

18 (which dissemination may be done, except as 

19 otherwise specified in this subparagraph, 

20 through resource and referral organizations and 

21 other means as determined by the State) to 

22 parents of eligible children and the general pub23 lic— 


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1 ‘‘(i) information that will promote in2 formed child care choices and that con3 cerns— 

4 ‘‘(I) the availability of child care 

5 services provided through programs 

6 authorized under this subchapter and, 

7 if feasible, other child care services 

8 provided in the State; 

9 ‘‘(II) if available, information 

10 about the quality of providers, includ11 ing information from a Quality Rating 

12 and Improvement System; 

13 ‘‘(III) information, made avail14 able through a State website, describ15 ing the State process for licensing 

16 child care providers, the State proc17 esses for conducting background 

18 checks, and monitoring and inspec19 tions, of child care providers, and the 

20 offenses that prevent individuals and 

21 entities from serving as child care 

22 providers in the State; 

23 ‘‘(IV) the availability of assist24 ance to obtain child care services; 


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1 ‘‘(V) other programs for which 

2 families that receive child care serv3 ices for which financial assistance is 

4 provided in accordance with this sub5 chapter may be eligible, including the 

6 program of block grants to States for 

7 temporary assistance for needy fami8 lies established under part A of title 

9 IV of the Social Security Act (42 

10 U.S.C. 601 et seq.), Head Start and 

11 Early Head Start programs carried 

12 out under the Head Start Act (42 

13 U.S.C. 9831 et seq.), the program 

14 carried out under the Low-Income 

15 Home Energy Assistance Act of 1981 

16 (42 U.S.C. 8621 et seq.), the supple17 mental nutrition assistance program 

18 established under the Food and Nutri19 tion Act of 2008 (7 U.S.C. 2011 et 

20 seq.), the special supplemental nutri21 tion program for women, infants, and 

22 children established by section 17 of 

23 the Child Nutrition Act of 1966 (42 

24 U.S.C. 1786), the child and adult care 

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1 tion 17 of the Richard B. Russell Na2 tional School Lunch Act (42 U.S.C. 

3 1766), and the Medicaid and State 

4 children’s health insurance programs 

5 under titles XIX and XXI of the So6 cial Security Act (42 U.S.C. 1396 et 

7 seq. and 1397aa et seq.); 

8 ‘‘(VI) programs carried out 

9 under section 619 and part C of the 

10 Individuals with Disabilities Edu11 cation Act (20 U.S.C. 1419 and 1431 

12 et seq.); and 

13 ‘‘(VII) research and best prac14 tices concerning children’s develop15 ment, including language and cog16 nitive development, development of 

17 early language and literacy and math18 ematics skills, social and emotional 

19 development, meaningful parent and 

20 family engagement, and physical 

21 health and development; 

22 ‘‘(ii) information on developmental 

23 screenings, including— 

24 ‘‘(I) information on existing (as 

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1 cation containing the plan) resources 

2 and services the State can deploy, in3 cluding the coordinated use of the 

4 Early and Periodic Screening, Diag5 nosis, and Treatment program under 

6 the Medicaid program carried out 

7 under title XIX of the Social Security 

8 Act (42 U.S.C. 1396 et seq.) and de9 velopmental screening services avail10 able under section 619 and part C of 

11 the Individuals with Disabilities Edu12 cation Act (20 U.S.C. 1419, 1431 et 

13 seq.), in conducting developmental 

14 screenings and providing referrals to 

15 services, when appropriate, for chil16 dren who receive assistance under this 

17 subchapter; and 

18 ‘‘(II) a description of how a fam19 ily or eligible child care provider may 

20 utilize the resources and services de21 scribed in subclause (I) to obtain de22 velopmental screenings for children 

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1 nitive or other developmental delays; 

2 and 

3 ‘‘(iii) information, for parents receiv4 ing assistance under the program of block 

5 grants to States for temporary assistance 

6 for needy families under part A of title IV 

7 of the Social Security Act (42 U.S.C. 601 

8 et seq.), and low-income parents, about eli9 gibility for assistance provided in accord10 ance with this subchapter. 

11 ‘‘(F) COMPLIANCE WITH STATE LICENSING

12 REQUIREMENTS.— 

13 ‘‘(i) IN GENERAL.—The plan shall in14 clude a certification that the State involved 

15 has in effect licensing requirements appli16 cable to child care services provided within 

17 the State, and provide a detailed descrip18 tion of such requirements and of how such 

19 requirements are effectively enforced. 

20 ‘‘(ii) LICENSE EXEMPTION.—If the 

21 State uses funding received under this sub22 chapter to support a child care provider 

23 that is exempt from the corresponding li24 censing requirements described in clause 


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1 (i), the plan shall include a description 

2 stating— 

3 ‘‘(I) how children receiving serv4 ices from such a provider will receive 

5 services that are comparable in safety 

6 and quality to the services received by 

7 children served by licensed child care 

8 providers; and 

9 ‘‘(II) why such licensing exemp10 tion does not endanger the health, 

11 safety, or development of children who 

12 receive services from child care pro13 viders who are exempt from such re14 quirements. 

15 ‘‘(G) TRAINING REQUIREMENTS.— 

16 ‘‘(i) IN GENERAL.—The plan shall de17 scribe the training requirements that are 

18 in effect within the State that are designed 

19 to enable child care providers to promote 

20 the social, emotional, physical, and cog21 nitive development of children and that are 

22 applicable to child care providers that pro23 vide services for which assistance is pro24 vided in accordance with this subchapter in 

25 the State. 


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1 ‘‘(ii) REQUIREMENTS.—The plan shall 

2 provide an assurance that such training re3 quirements— 

4 ‘‘(I) provide a set of workforce 

5 and competency standards for child 

6 care providers that provide services 

7 described in clause (i); 

8 ‘‘(II) are developed in consulta9 tion with the State Advisory Council 

10 on Early Childhood Education and 

11 Care (designated or established pursu12 ant to section 642B(b)(1)(A) of the 

13 Head Start Act (42 U.S.C. 

14 9837b(b)(1)(A))); 

15 ‘‘(III) include an evidence-based 

16 training framework that is designed to 

17 promote children’s learning and devel18 opment and school readiness and to 

19 improve child outcomes, including 

20 school readiness; 

21 ‘‘(IV) incorporate knowledge and 

22 application of the State’s early learn23 ing and developmental guidelines and, 

24 where applicable, the State’s child de25 velopment and health standards; and 


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1 ‘‘(V) to the extent practicable, 

2 are appropriate for a population of 

3 children that includes— 

4 ‘‘(aa) different age groups 

5 (such as infants, toddlers, and 

6 preschoolers); 

7 ‘‘(bb) English learners; and 

8 ‘‘(cc) children with disabil9 ities. 

10 ‘‘(iii) PROGRESSION OF PROFES11 SIONAL DEVELOPMENT.—In developing the 

12 requirements, the State shall develop a 

13 statewide progression of professional devel14 opment designed to improve the skills and 

15 knowledge of the workforce, which may in16 clude the acquisition of course credit in 

17 postsecondary education or of a credential, 

18 aligned with the framework. 

19 ‘‘(iv) ALIGNMENT.—The State shall 

20 engage the State Advisory Council on 

21 Early Childhood Education and Care, and 

22 may engage institutions of higher edu23 cation (as defined in section 102 of the 

24 Higher Education Act of 1965 (20 U.S.C. 

25 1002)), and other training providers in 


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1 aligning training opportunities with the 

2 State’s training framework. 

3 ‘‘(v) CREDENTIALS.—The Secretary 

4 shall not require an individual or entity 

5 that provides child care services for which 

6 assistance is provided in accordance with 

7 this subchapter to acquire a credential to 

8 provide such services. Nothing in this sec9 tion shall be construed to prohibit a State 

10 from requiring a credential. 

11 ‘‘(H) CHILD-TO-PROVIDER RATIO STAND12 ARDS.— 

13 ‘‘(i) STANDARDS.—The plan shall de14 scribe child care standards, for child care 

15 for which assistance is made available in 

16 accordance with this subchapter, appro17 priate to the type of child care setting in18 volved, that address— 

19 ‘‘(I) group size limits for specific 

20 age populations; 

21 ‘‘(II) the appropriate ratio be22 tween the number of children and the 

23 number of providers, in terms of the 

24 age of the children in child care, as 

25 determined by the State; and 


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1 ‘‘(III) required qualifications for 

2 such providers. 

3 ‘‘(ii) CONSTRUCTION.—The Secretary 

4 may offer guidance to States on child-to5 provider ratios described in clause (i) ac6 cording to setting and age group but shall 

7 not require that States maintain specific 

8 child-to-provider ratios for providers who 

9 receive assistance under this subchapter. 

10 ‘‘(I) HEALTH AND SAFETY REQUIRE11 MENTS.—The plan shall include a certification 

12 that there are in effect within the State, under 

13 State or local law, requirements designed to 

14 protect the health and safety of children that 

15 are applicable to child care providers that pro16 vide services for which assistance is made avail17 able in accordance with this subchapter. Such 

18 requirements— 

19 ‘‘(i) shall relate to matters including 

20 health and safety topics (including preven21 tion of shaken baby syndrome and abusive 

22 head trauma) consisting of— 

23 ‘‘(I) the prevention and control of 

24 infectious diseases (including immuni25 zation) and the establishment of a 


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1 grace period that allows homeless chil2 dren to receive services under this 

3 subchapter while their families are 

4 taking any necessary action to comply 

5 with immunization and other health 

6 and safety requirements; 

7 ‘‘(II) handwashing and universal 

8 health precautions; 

9 ‘‘(III) the administration of 

10 medication, consistent with standards 

11 for parental consent; 

12 ‘‘(IV) the prevention of and re13 sponse to emergencies due to food and 

14 other allergic reactions; 

15 ‘‘(V) prevention of sudden infant 

16 death syndrome and use of safe sleep17 ing practices; 

18 ‘‘(VI) sanitary methods of food 

19 handling; 

20 ‘‘(VII) building and physical 

21 premises safety; 

22 ‘‘(VIII) emergency response plan23 ning including disaster preparation; 


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1 ‘‘(IX) the handling and storage 

2 of hazardous materials and the appro3 priate disposal of biocontaminants; 

4 ‘‘(X) identification of and protec5 tion from hazards that can cause bod6 ily injury such as electrical hazards, 

7 bodies of water, and vehicular traffic; 

8 ‘‘(XI) for providers that offer 

9 transportation, if applicable, appro10 priate precautions in transporting 

11 children; 

12 ‘‘(XII) first aid and cardiopulmo13 nary resuscitation; and 

14 ‘‘(XIII) minimum health and 

15 safety training, to be completed pre16 service or during an orientation pe17 riod, appropriate to the provider set18 ting involved that addresses each of 

19 the requirements relating to matters 

20 described in subclauses (I) through 

21 (XII); and 

22 ‘‘(ii) may include requirements relat23 ing to nutrition and access to physical ac24 tivity. 


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1 ‘‘(J) COMPLIANCE WITH STATE AND LOCAL

2 HEALTH AND SAFETY REQUIREMENTS.—The 

3 plan shall include a certification that proce4 dures are in effect to ensure that child care 

5 providers within the State, that provide services 

6 for which assistance is made available in ac7 cordance with this subchapter, comply with all 

8 applicable State and local health and safety re9 quirements as described in subparagraph (I). 

10 ‘‘(K) ENFORCEMENT OF LICENSING AND

11 OTHER REGULATORY REQUIREMENTS.—The 

12 plan shall include a certification that the State, 

13 not later than 2 years after the date of enact14 ment of the Child Care and Development Block 

15 Grant Act of 2013, shall have in effect policies 

16 and practices, applicable to licensing for child 

17 care providers that provide services for which 

18 assistance is made available in accordance with 

19 this subchapter and the facilities of those pro20 viders, that— 

21 ‘‘(i) ensure that individuals who are 

22 hired as licensing inspectors in the State 

23 are qualified to inspect those child care 

24 providers and facilities and have received 

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1 quirements, child development, child abuse 

2 prevention and detection, program man3 agement, and relevant law enforcement; 

4 ‘‘(ii) require licensing inspectors of 

5 those child care providers and facilities to 

6 perform inspections, with— 

7 ‘‘(I) not less than 1 prelicensure 

8 health, safety, and fire inspection of 

9 each such child care provider and fa10 cility in the State; and 

11 ‘‘(II) not less than annually, a 

12 health, safety, and fire inspection 

13 (which shall be unannounced) of each 

14 such child care provider and facility in 

15 the State; and 

16 ‘‘(iii) require the ratio of licensing in17 spectors to such child care providers and 

18 facilities in the State to be maintained at 

19 a level sufficient to enable the State to 

20 conduct inspections of such child care pro21 viders and facilities on a timely basis in ac22 cordance with Federal and State law. 

23 ‘‘(L) COMPLIANCE WITH CHILD ABUSE RE24 PORTING REQUIREMENTS.—The plan shall in25 clude a certification that child care providers 


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1 within the State will comply with the child 

2 abuse reporting requirements of section 

3 106(b)(2)(B)(i) of the Child Abuse Prevention 

4 and Treatment Act (42 U.S.C. 

5 5106a(b)(2)(B)(i)). 

6 ‘‘(M) MEETING THE NEEDS OF CERTAIN

7 POPULATIONS.—The plan shall describe how 

8 the State will develop and implement strategies 

9 (which may include the provision of compensa10 tion at higher payment rates and bonuses to 

11 child care providers, the provision of direct con12 tracts or grants to community-based organiza13 tions, or other means determined by the State) 

14 to increase the supply and improve the quality 

15 of child care for— 

16 ‘‘(i) children in underserved areas; 

17 ‘‘(ii) infants and toddlers; 

18 ‘‘(iii) children with disabilities, as de19 fined in subparagraphs (A) and (D) of sec20 tion 658P(3); and 

21 ‘‘(iv) children who receive care during 

22 nontraditional hours. 

23 ‘‘(N) PROTECTION FOR WORKING PAR24 ENTS.— 


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1 ‘‘(i) REDETERMINATION PROCESS.— 

2 The plan shall describe the procedures and 

3 policies that are in place to ensure that 

4 working parents (especially parents in fam5 ilies receiving assistance under the pro6 gram of block grants to States for tem7 porary assistance for needy families under 

8 part A of title IV of the Social Security 

9 Act (42 U.S.C. 601 et seq.)) are not re10 quired to unduly disrupt their employment 

11 in order to comply with the State’s require12 ments for redetermination of eligibility for 

13 assistance provided in accordance with this 

14 subchapter. 

15 ‘‘(ii) MINIMUM PERIOD.— 

16 ‘‘(I) 12-MONTH PERIOD.—The 

17 plan shall demonstrate that each child 

18 who receives assistance under this 

19 subchapter in the State will be consid20 ered to meet all eligibility require21 ments for such assistance (except for 

22 a factor described in clause (iii), for a 

23 State not covered by clause (iii)) and 

24 will receive such assistance, for not 

25 less than 12 months before the State 


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1 redetermines the eligibility of the child 

2 under this subchapter, regardless of a 

3 change in the status of the child’s 

4 parent as working or attending a job 

5 training or educational program or a 

6 change in family income for the 

7 child’s family, if that family income 

8 does not exceed 85 percent of the 

9 State median income for a family of 

10 the same size. 

11 ‘‘(II) FLUCTUATIONS IN EARN12 INGS.—The plan shall demonstrate 

13 how the State’s processes for initial 

14 determination and redetermination of 

15 such eligibility take into account ir16 regular fluctuations in earnings. 

17 ‘‘(iii) PERIOD BEFORE TERMI18 NATION.—At the option of the State, the 

19 plan shall demonstrate that the State will 

20 not terminate assistance provided to carry 

21 out this subchapter based on a factor con22 sisting of a parent’s loss of work or ces23 sation of attendance at a job training or 

24 educational program for which the family 

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1 tinuing the assistance for a reasonable pe2 riod of time, of not less than 3 months, 

3 after such loss or cessation in order for the 

4 parent to engage in a job search and re5 sume work, or resume attendance at a job 

6 training or educational program, as soon 

7 as possible. 

8 ‘‘(iv) GRADUATED PHASEOUT OF

9 CARE.—The plan shall describe the policies 

10 and procedures that are in place to allow 

11 for provision of continued assistance to 

12 carry out this subchapter, for a period of 

13 not to exceed 12 months, for children of 

14 working parents who become ineligible for 

15 assistance to carry out this subchapter 

16 during the redetermination process due to 

17 a modest increase in the parents’ income, 

18 if the family income for the family involved 

19 does not exceed 85 percent of the State 

20 median income for a family of the same 

21 size. 

22 ‘‘(O) COORDINATION WITH OTHER PRO23 GRAMS.— 

24 ‘‘(i) IN GENERAL.—The plan shall de25 scribe how the State, in order to expand 


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1 accessibility and continuity of quality early 

2 childhood education and care, and assist 

3 children enrolled in part-day prekinder4 garten or part-day Head Start programs to 

5 receive full-day services, will coordinate the 

6 services supported to carry out this sub7 chapter with— 

8 ‘‘(I) programs carried out under 

9 the Head Start Act (42 U.S.C. 9831 

10 et seq.), including the Early Head 

11 Start programs carried out under sec12 tion 645A of that Act (42 U.S.C. 

13 9840a); 

14 ‘‘(II) programs carried out under 

15 part A of title I, and part B of title 

16 IV, of title I of the Elementary and 

17 Secondary Education Act of 1965 (20 

18 U.S.C. 6311 et seq., 7171 et seq.); 

19 ‘‘(III) programs carried out 

20 under section 619 and part C of the 

21 Individuals with Disabilities Edu22 cation Act (20 U.S.C. 1419, 1431 et 

23 seq.); 

24 ‘‘(IV) the maternal, infant, and 

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1 grams authorized under section 511 

2 of the Social Security Act (42 U.S.C. 

3 711), as added by section 2951 of the 

4 Patient Protection and Affordable 

5 Care Act; 

6 ‘‘(V) State and locally funded 

7 early childhood education and care 

8 programs; 

9 ‘‘(VI) programs serving homeless 

10 children and services of local edu11 cational agency liaisons for homeless 

12 children and youths designated under 

13 subsection (g)(1)(J)(ii) of section 722 

14 of the McKinney-Vento Homeless As15 sistance Act (42 U.S.C. 11432); and 

16 ‘‘(VII) other Federal programs 

17 supporting early childhood education 

18 and care activities. 

19 ‘‘(ii) RULE OF CONSTRUCTION.— 

20 Nothing in clause (i) shall be construed to 

21 affect the priority of children described in 

22 clause (i) to receive full-day prekinder23 garten or Head Start program services. 

24 ‘‘(P) PUBLIC-PRIVATE PARTNERSHIPS.— 

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1 courages partnerships among State agencies, 

2 other public agencies, and private entities to le3 verage existing service delivery systems (as of 

4 the date of the submission of the application 

5 containing the plan) for early childhood edu6 cation and care and to increase the supply and 

7 quality of child care services for children who 

8 are less than 13 years of age, such as by imple9 menting voluntary shared services alliance mod10 els to allow providers more time and resources 

11 to provide higher quality of care at lower cost 

12 by realizing small economies of scale. 

13 ‘‘(Q) PRIORITY FOR LOW-INCOME POPU14 LATIONS.—The plan shall describe the process 

15 the State proposes to use, with respect to in16 vestments made to increase access to programs 

17 providing high-quality early childhood education 

18 and care, to give priority for those investments 

19 to children of families in areas that have signifi20 cant concentrations of poverty and unemploy21 ment and that do not have such programs. 

22 ‘‘(R) CONSULTATION.—The plan shall in23 clude a certification that the State has devel24 oped the plan in consultation with the State 

25 Advisory Council on Early Childhood Education 


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1 and Care established pursuant to section 

2 642B(b)(1)(A) of the Head Start Act (42 

3 U.S.C. 9837b(b)(1)(A)). 

4 ‘‘(S) PAYMENT PRACTICES.—The plan 

5 shall include a certification that the payment 

6 practices of child care providers in the State 

7 that serve children who receive assistance under 

8 this subchapter reflect generally accepted pay9 ment practices of child care providers in the 

10 State that serve children who do not receive as11 sistance under this subchapter, so as to provide 

12 stability of funding and encourage more child 

13 care providers to serve children who receive as14 sistance under this subchapter. 

15 ‘‘(T) EARLY LEARNING AND DEVELOP16 MENTAL GUIDELINES.— 

17 ‘‘(i) IN GENERAL.—The plan shall in18 clude an assurance that the State will de19 velop or implement early learning and de20 velopmental guidelines that are appropriate 

21 for children from birth through entry into 

22 kindergarten, describing what such chil23 dren should know and be able to do, and 

24 covering the essential domains of early 

25 childhood education and care and early 


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1 childhood development for use statewide by 

2 child care providers. Such child care pro3 viders shall— 

4 ‘‘(I) be licensed or regulated 

5 under State law; and 

6 ‘‘(II) not be a relative of all chil7 dren for whom the provider provides 

8 child care services. 

9 ‘‘(ii) ALIGNMENT.—The guidelines 

10 shall be research-based, be developmentally 

11 appropriate, and be aligned with State 

12 standards for education in kindergarten 

13 through grade 3. 

14 ‘‘(iii) PROHIBITION ON USE OF

15 FUNDS.—The plan shall include an assur16 ance that funds received by the State to 

17 carry out this subchapter will not be used 

18 to develop or implement an assessment for 

19 children that— 

20 ‘‘(I) will be the sole basis for a 

21 child care provider being determined 

22 to be ineligible to participate in the 

23 program carried out under this sub24 chapter; 


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1 ‘‘(II) will be used as the primary 

2 or sole basis to provide a reward or 

3 sanction for an individual provider; or 

4 ‘‘(III) will be used as the primary 

5 or sole method for assessing program 

6 effectiveness. 

7 ‘‘(iv) EXCEPTIONS.—Nothing in this 

8 subchapter shall preclude the State using a 

9 single assessment for children for— 

10 ‘‘(I) improving instruction or a 

11 classroom environment; 

12 ‘‘(II) targeting professional devel13 opment to a provider; 

14 ‘‘(III) determining the need for 

15 health, mental health, disability, de16 velopmental delay, or family support 

17 services; 

18 ‘‘(IV) obtaining information for 

19 the quality improvement process at 

20 the State level; or 

21 ‘‘(V) conducting a program eval22 uation for the purposes of providing 

23 program improvement and parent in24 formation. 


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1 ‘‘(v) NO FEDERAL CONTROL.—Noth2 ing in this section shall be construed to au3 thorize an officer or employee of the Fed4 eral Government to— 

5 ‘‘(I) mandate, direct, or control a 

6 State’s early learning and develop7 mental guidelines, developed in ac8 cordance with this section; 

9 ‘‘(II) establish any criterion that 

10 specifies, defines, or prescribes the 

11 standards or measures that a State 

12 uses to establish, implement, or im13 prove— 

14 ‘‘(aa) early learning and de15 velopmental guidelines, or early 

16 learning standards, assessments, 

17 or accountability systems; or 

18 ‘‘(bb) alignment of early 

19 learning and developmental 

20 guidelines with State standards 

21 for education in kindergarten 

22 through grade 3; or 

23 ‘‘(III) require a State to submit 

24 such standards or measures for re25 view.’’; 


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1 (3) in paragraph (3)— 

2 (A) in subparagraph (A), by striking ‘‘as 

3 required under’’ and inserting ‘‘in accordance 

4 with’’; 

5 (B) in subparagraph (B)— 

6 (i) by striking ‘‘The State’’ and in7 serting the following: 

8 ‘‘(i) IN GENERAL.—The State’’; 

9 (ii) by striking ‘‘and any other activity 

10 that the State deems appropriate to realize 

11 any of the goals specified in paragraphs 

12 (2) through (5) of section 658A(b)’’ and 

13 inserting ‘‘activities that improve access to 

14 child care services, including use of proce15 dures to permit immediate enrollment 

16 (after the initial eligibility determination 

17 and after a child is determined to be eligi18 ble) of homeless children while required 

19 documentation is obtained, training and 

20 technical assistance on identifying and 

21 serving homeless children and their fami22 lies, and specific outreach to homeless fam23 ilies, and any other activity that the State 

24 determines to be appropriate to meet the 

25 purposes of this subchapter (which may inVerDate Mar 15 2010 23:41 Jun 03, 2013 Jkt 029200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1086.IS S1086

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1 clude an activity described in clause (ii))’’; 

2 and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(ii) CHILD CARE RESOURCE AND RE6 FERRAL SYSTEM.— 

7 ‘‘(I) IN GENERAL.—A State may 

8 use amounts described in clause (i) to 

9 establish or support a system of local 

10 or regional child care resource and re11 ferral organizations that is coordi12 nated, to the extent determined appro13 priate by the State, by a statewide 

14 public or private nonprofit, commu15 nity-based or regionally based, lead 

16 child care resource and referral orga17 nization. 

18 ‘‘(II) LOCAL OR REGIONAL ORGA19 NIZATIONS.—The local or regional 

20 child care resource and referral orga21 nizations supported as described in 

22 subclause (I) shall— 

23 ‘‘(aa) provide parents in the 

24 State with consumer education 

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1 graph (2)(E) (except as otherwise 

2 provided in that paragraph), con3 cerning the full range of child 

4 care options, analyzed by pro5 vider, including child care pro6 vided during nontraditional hours 

7 and through emergency child 

8 care centers, in their political 

9 subdivisions or regions; 

10 ‘‘(bb) to the extent prac11 ticable, work directly with fami12 lies who receive assistance under 

13 this subchapter to offer the fami14 lies support and assistance, using 

15 information described in item 

16 (aa), to make an informed deci17 sion about which child care pro18 viders they will use, in an effort 

19 to ensure that the families are 

20 enrolling their children in high21 quality care; 

22 ‘‘(cc) collect and analyze 

23 data on the coordination of serv24 ices and supports, including serv25 ices under section 619 and part 


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1 C of the Individuals with Disabil2 ities Education Act (42 U.S.C. 

3 1419, 1431 et seq.), for children 

4 with disabilities (as defined in 

5 section 602 of such Act (20 

6 U.S.C. 1401)); 

7 ‘‘(dd) collect and analyze 

8 data on the supply of and de9 mand for child care in political 

10 subdivisions or regions within the 

11 State and submit such data and 

12 analysis to the State; 

13 ‘‘(ee) work to establish part14 nerships with public agencies and 

15 private entities to increase the 

16 supply and quality of child care 

17 services in the State; and 

18 ‘‘(ff) as appropriate, coordi19 nate their activities with the ac20 tivities of the State lead agency 

21 and local agencies that admin22 ister funds made available in ac23 cordance with this subchapter.’’; 

24 (C) in subparagraph (D)— 


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1 (i) by striking ‘‘1997 through 2012’’ 

2 and inserting ‘‘2014 through 2019’’; and 

3 (ii) by striking ‘‘paragraph (2)(H)’’ 

4 and inserting ‘‘paragraph (2)(M)’’; and 

5 (D) by adding at the end the following: 

6 ‘‘(E) DIRECT SERVICES.—From amounts 

7 provided to a State for a fiscal year to carry 

8 out this subchapter, the State shall— 

9 ‘‘(i) reserve the minimum amount re10 quired to be reserved under section 658G, 

11 and the funds for costs described in sub12 paragraph (C); and 

13 ‘‘(ii) from the remainder, use not less 

14 than 70 percent to fund direct services 

15 (provided by the State) in accordance with 

16 paragraph (2)(A).’’; 

17 (4) by striking paragraph (4) and inserting the 

18 following: 

19 ‘‘(4) PAYMENT RATES.— 

20 ‘‘(A) IN GENERAL.—The State plan shall 

21 certify that payment rates for the provision of 

22 child care services for which assistance is pro23 vided in accordance with this subchapter are 

24 sufficient to ensure equal access for eligible 

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1 parable to child care services in the State or 

2 substate area involved that are provided to chil3 dren whose parents are not eligible to receive 

4 assistance under this subchapter or to receive 

5 child care assistance under any other Federal 

6 or State program and shall provide a summary 

7 of the facts relied on by the State to determine 

8 that such rates are sufficient to ensure such ac9 cess. 

10 ‘‘(B) SURVEY.—The State plan shall— 

11 ‘‘(i) demonstrate that the State has, 

12 after consulting with the State Advisory 

13 Council on Early Childhood Education and 

14 Care, local child care program administra15 tors, local child care resource and referral 

16 agencies, and other appropriate entities, 

17 developed and conducted (not earlier than 

18 2 years before the date of the submission 

19 of the application containing the State 

20 plan) a statistically valid and reliable sur21 vey of the market rates for child care serv22 ices in the State (that reflects variations in 

23 the cost of child care services by geo24 graphic area, type of provider, and age of 

25 child); 


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1 ‘‘(ii) demonstrate that the State pre2 pared a detailed report containing the re3 sults of the State market rates survey con4 ducted pursuant to clause (i), and made 

5 the results of the survey widely available 

6 (not later than 30 days after the comple7 tion of such survey) through periodic 

8 means, including posting the results on the 

9 Internet; 

10 ‘‘(iii) describe how the State will set 

11 payment rates for child care services, for 

12 which assistance is provided in accordance 

13 with this subchapter, in accordance with 

14 the results of the market rates survey con15 ducted pursuant to clause (i) without, to 

16 the extent practicable, reducing the num17 ber of families in the State receiving such 

18 assistance to carry out this subchapter, rel19 ative to the number of such families on the 

20 date of enactment of the Child Care and 

21 Development Block Grant Act of 2013; 

22 and 

23 ‘‘(iv) describe how the State will pro24 vide for timely payment for child care servVerDate Mar 15 2010 23:41 Jun 03, 2013 Jkt 029200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S1086.IS S1086

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1 ices provided in accordance with this sub2 chapter. 

3 ‘‘(C) CONSTRUCTION.— 

4 ‘‘(i) NO PRIVATE RIGHT OF ACTION.— 

5 Nothing in this paragraph shall be con6 strued to create a private right of action. 

7 ‘‘(ii) NO PROHIBITION OF CERTAIN

8 DIFFERENT RATES.—Nothing in this sub9 chapter shall be construed to prevent a 

10 State from differentiating the payment 

11 rates described in subparagraph (B)(iii) on 

12 the basis of such factors as— 

13 ‘‘(I) geographic location of child 

14 care providers (such as location in an 

15 urban or rural area); 

16 ‘‘(II) the age or particular needs 

17 of children (such as the needs of chil18 dren with disabilities and children 

19 served by child protective services); 

20 ‘‘(III) whether the providers pro21 vide child care during weekend and 

22 other nontraditional hours; or 

23 ‘‘(IV) the State’s determination 

24 that such differentiated payment rates 

25 are needed to enable a parent to 


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1 choose child care that is of high qual2 ity.’’; and 

3 (5) in paragraph (5), by inserting ‘‘that is not 

4 a barrier to families receiving assistance under this 

5 subchapter’’ after ‘‘cost sharing’’. 

6 (c) TECHNICAL AMENDMENT.—Section 658F(b)(2) 

7 of the Child Care and Development Block Grant Act of 

8 1990 (42 U.S.C. 9858d(b)(2)) is amended by striking 

9 ‘‘section 658E(c)(2)(F)’’ and inserting ‘‘section 

10 658E(c)(2)(I)’’. 

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

12 CARE. 

13 Section 658G of the Child Care and Development 

14 Block Grant Act of 1990 (42 U.S.C. 9858e) is amended 

15 to read as follows: 

16 ‘‘SEC. 658G. ACTIVITIES TO IMPROVE THE QUALITY OF 

17 CHILD CARE. 

18 ‘‘(a) RESERVATION.— 

19 ‘‘(1) RESERVATION FOR ACTIVITIES RELATING

20 TO THE QUALITY OF CHILD CARE SERVICES.—A 

21 State that receives funds to carry out this sub22 chapter for a fiscal year shall reserve and use a por23 tion of such funds, in accordance with paragraph 

24 (2), for activities provided directly, or through 

25 grants or contracts with local child care resource 


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1 and referral organizations or other appropriate enti2 ties, that are designed to improve the quality of 

3 child care services and increase parental options for, 

4 and access to, high-quality child care, provided in ac5 cordance with this subchapter. 

6 ‘‘(2) AMOUNT OF RESERVATIONS.—Such State 

7 shall reserve and use for the activities described in 

8 paragraph (1), not less than— 

9 ‘‘(A) 6 percent of such funds in 2014; 

10 ‘‘(B) 8 percent of such funds in 2016; 

11 ‘‘(C) 10 percent of such funds in 2018 and 

12 each succeeding year; and 

13 ‘‘(D) 3 percent of such funds in 2014 and 

14 each succeeding year to carry out the activities 

15 described in paragraph (1), as such activities 

16 relate to the quality of care for infants and tod17 dlers. 

18 ‘‘(b) ACTIVITIES.—Funds reserved under subsection 

19 (a) shall be used to carry out not less than 2 of the fol20 lowing activities: 

21 ‘‘(1) Supporting the training, professional de22 velopment, and professional advancement of the 

23 child care workforce through activities such as— 

24 ‘‘(A) offering child care providers training 

25 and professional development that is intentional 


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1 and sequential and leads to a higher level of 

2 skill or certification; 

3 ‘‘(B) establishing or supporting programs 

4 designed to increase the retention and improve 

5 the competencies of child care providers, includ6 ing wage incentive programs and initiatives that 

7 establish tiered payment rates for providers 

8 that meet or exceed child care services guide9 lines, as defined by the State; 

10 ‘‘(C) offering training, professional devel11 opment, and educational opportunities for child 

12 care providers that relate to the use of develop13 mentally appropriate and age-appropriate cur14 ricula, and early childhood teaching strategies, 

15 that are scientifically based and aligned with 

16 the social, emotional, physical, and cognitive de17 velopment of children, including offering spe18 cialized training for child care providers who 

19 care for infants and toddlers, children who are 

20 English learners, and children with disabilities 

21 (as defined in section 602 of the Individuals 

22 with Disabilities Education Act (20 U.S.C. 

23 1401)); 

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1 ment and effective instructional practices to 

2 support mathematics and language and literacy 

3 development in young children; 

4 ‘‘(E) incorporating effective use of data to 

5 guide instruction and program improvement; 

6 ‘‘(F) including effective behavior manage7 ment strategies, including positive behavioral 

8 interventions and supports, that promote posi9 tive social and emotional development and re10 duce challenge behaviors; 

11 ‘‘(G) at the option of the State, incor12 porating feedback from experts at the State’s 

13 institutions of higher education, as defined in 

14 section 102 of the Higher Education Act of 

15 1965 (20 U.S.C. 1002), and other early learn16 ing and development experts and early child17 hood experts; 

18 ‘‘(H) providing training corresponding to 

19 the nutritional and physical activity needs of 

20 children to promote healthy development; and 

21 ‘‘(I) providing training or professional de22 velopment for child care providers to serve and 

23 support children with disabilities. 


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1 ‘‘(2) Supporting the use of the early learning 

2 and developmental guidelines described in section 

3 658E by— 

4 ‘‘(A) developing and implementing such 

5 early learning and developmental guidelines for 

6 early language and literacy skills and activities 

7 and pre-numeracy and mathematics skills and 

8 activities, for child care programs in the State, 

9 that are aligned with State standards for edu10 cation in kindergarten through grade 12 edu11 cation or the State’s general goals for school 

12 readiness; and 

13 ‘‘(B) providing technical assistance to en14 hance early learning for preschool and school15 aged children in order to promote language and 

16 literacy skills, foster school readiness, and sup17 port later school success. 

18 ‘‘(3) Developing and implementing a tiered 

19 quality rating system for child care providers, which 

20 shall— 

21 ‘‘(A) support and assess the quality of 

22 child care providers in the State; 

23 ‘‘(B) build on licensing standards and 

24 other State regulatory standards for such pro25 viders; 


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1 ‘‘(C) be designed to improve the quality of 

2 different types of child care providers; 

3 ‘‘(D) describe the quality of early learning 

4 facilities; 

5 ‘‘(E) build the capacity of State early 

6 learning programs and communities to promote 

7 parents’ and families’ understanding of the 

8 State’s early learning system and the ratings of 

9 the programs in which the child is enrolled; and 

10 ‘‘(F) provide, to the maximum extent prac11 ticable, financial incentives and other supports 

12 designed to achieve and sustain higher levels of 

13 quality. 

14 ‘‘(4) Improving the supply and quality of child 

15 care programs and services for infants and toddlers 

16 through activities which may include— 

17 ‘‘(A) establishing or expanding neighbor18 hood-based high-quality comprehensive family 

19 and child development centers, which may serve 

20 as resources to child care providers in order to 

21 improve the quality of early childhood education 

22 and care and early childhood development serv23 ices provided to infants and toddlers from low24 income families and to help eligible child care 

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1 quality care to infants and toddlers from low2 income families; 

3 ‘‘(B) establishing or expanding the oper4 ation of community or neighborhood-based fam5 ily child care networks; 

6 ‘‘(C) supporting statewide networks of in7 fant and toddler child care specialists, including 

8 specialists who have knowledge regarding infant 

9 and toddler development and curriculum and 

10 program implementation for children with dis11 abilities, which may include specialists who pro12 vide such services through part C of the Indi13 viduals with Disabilities Education Act (20 

14 U.S.C. 1431 et seq.); 

15 ‘‘(D) carrying out initiatives to improve 

16 the quality of the infant and toddler child care 

17 workforce, such as providing relevant training, 

18 professional development, or mentoring oppor19 tunities and linking such opportunities to career 

20 pathways, developing career pathways for such 

21 providers, and improving the State credential22 ing of eligible providers caring for infants and 

23 toddlers; and 

24 ‘‘(E) if applicable, developing infant and 

25 toddler components within the State’s quality 


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1 rating system described in paragraph (3) for 

2 child care providers for infants and toddlers, or 

3 the development of infant and toddler compo4 nents in a State’s child care licensing regula5 tions or early childhood guidelines; 

6 ‘‘(F) improving the ability of parents to ac7 cess information about high-quality infant and 

8 toddler care; and 

9 ‘‘(G) carrying out other activities deter10 mined by the State to improve the quality of in11 fant and toddler care provided in the State, and 

12 for which there is evidence that the activities 

13 will lead to improved infant and toddler safety, 

14 infant and toddler development, or infant and 

15 toddler well-being. 

16 ‘‘(5) Promoting broad child care provider par17 ticipation in the quality rating system described in 

18 paragraph (3). 

19 ‘‘(6) Establishing or expanding a statewide sys20 tem of child care resource and referral services. 

21 ‘‘(7) Facilitating compliance with State require22 ments for inspection, monitoring, training, and 

23 health and safety, and with State licensing stand24 ards. 


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1 ‘‘(8) Evaluating and assessing the quality and 

2 effectiveness of child care programs and services of3 fered in the State, including evaluating how such 

4 programs and services may improve the overall 

5 school readiness of young children. 

6 ‘‘(9) Supporting child care providers in the pur7 suit of accreditation by an established national ac8 crediting body with demonstrated, valid and reliable 

9 program standards of high quality. 

10 ‘‘(10) Supporting State or local efforts to de11 velop or adopt high-quality program standards relat12 ing to health, mental health, nutrition, physical ac13 tivity, and physical development and providing re14 sources to enable eligible child care providers to 

15 meet, exceed, or sustain success in meeting or ex16 ceeding such standards. 

17 ‘‘(11) Carrying out other activities determined 

18 by the State to improve the quality of child care 

19 services provided in the State, and for which meas20 urement of outcomes relating to improved provider 

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

22 readiness is possible. 

23 ‘‘(c) CERTIFICATION.—Beginning with fiscal year 

24 2014, at the beginning of each fiscal year, the State shall 

25 annually submit to the Secretary a certification containing 


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1 an assurance that the State was in compliance with sub2 section (a) during the preceding fiscal year and describes 

3 how the State used funds received under this subchapter 

4 to comply with subsection (a) during that preceding fiscal 

5 year. 

6 ‘‘(d) REPORTING REQUIREMENTS.—Each State re7 ceiving funds under this subchapter shall prepare and sub8 mit an annual report to the Secretary, which shall include 

9 information about— 

10 ‘‘(1) the amount of funds that are reserved 

11 under subsection (a); 

12 ‘‘(2) the activities carried out under this sec13 tion; and 

14 ‘‘(3) the measures that the State will use to 

15 evaluate the State’s progress in improving the qual16 ity of child care programs and services in the State. 

17 ‘‘(e) TECHNICAL ASSISTANCE.—The Secretary shall 

18 offer technical assistance, in accordance with section 

19 658I(a)(3), which may include technical assistance 

20 through the use of grants or cooperative agreements, to 

21 States for the activities described in subsection (b). 

22 ‘‘(f) CONSTRUCTION.—Nothing in this section shall 

23 be construed as providing the Secretary the authority to 

24 regulate, monitor, or dictate State child care quality activi25 ties or progress in implementing those activities.’’. 


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1 SEC. 7. CRIMINAL BACKGROUND CHECKS. 

2 The Child Care and Development Block Grant Act 

3 of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting 

4 after section 658G the following: 

5 ‘‘SEC. 658H. CRIMINAL BACKGROUND CHECKS. 

6 ‘‘(a) IN GENERAL.—A State that receives funds to 

7 carry out this subchapter shall have in effect— 

8 ‘‘(1) requirements, policies, and procedures to 

9 require and conduct criminal background checks for 

10 child care staff members (including prospective child 

11 care staff members) of child care providers described 

12 in subsection (c)(1); and 

13 ‘‘(2) licensing, regulation, and registration re14 quirements, as applicable, that prohibit the employ15 ment of child care staff members as described in 

16 subsection (c). 

17 ‘‘(b) REQUIREMENTS.—A criminal background check 

18 for a child care staff member under subsection (a) shall 

19 include— 

20 ‘‘(1) a search of each State criminal and sex of21 fender registry or repository in the State where the 

22 child care staff member resides and each State 

23 where such staff member resided during the pre24 ceding 10 years; 

25 ‘‘(2) a search of State-based child abuse and 

26 neglect registries and databases in the State where 


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1 the child care staff member resides and each State 

2 where such staff member previously resided during 

3 the preceding 10 years; 

4 ‘‘(3) a search of the National Crime Informa5 tion Center; 

6 ‘‘(4) a Federal Bureau of Investigation finger7 print check using the Integrated Automated Finger8 print Identification System; and 

9 ‘‘(5) a search of the National Sex Offender 

10 Registry established under the Adam Walsh Child 

11 Protection and Safety Act of 2006 (42 U.S.C. 

12 16901 et seq.). 

13 ‘‘(c) PROHIBITIONS.— 

14 ‘‘(1) CHILD CARE STAFF MEMBERS.—A child 

15 care staff member shall be ineligible for employment 

16 by a child care provider that is licensed, regulated, 

17 or registered by the State or for which assistance is 

18 provided in accordance with this subchapter, if such 

19 individual— 

20 ‘‘(A) refuses to consent to the criminal 

21 background check described in subsection (b); 

22 ‘‘(B) knowingly makes a materially false 

23 statement in connection with such criminal 

24 background check; 


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1 ‘‘(C) is registered, or is required to be reg2 istered, on a State sex offender registry or the 

3 National Sex Offender Registry established 

4 under the Adam Walsh Child Protection and 

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

6 or 

7 ‘‘(D) has been convicted of a felony con8 sisting of— 

9 ‘‘(i) murder, as described in section 

10 1111 of title 18, United States Code; 

11 ‘‘(ii) child abuse or neglect; 

12 ‘‘(iii) a crime against children, includ13 ing child pornography; 

14 ‘‘(iv) spousal abuse; 

15 ‘‘(v) a crime involving rape or sexual 

16 assault; 

17 ‘‘(vi) kidnapping; 

18 ‘‘(vii) arson; 

19 ‘‘(viii) physical assault or battery; or 

20 ‘‘(ix) subject to subsection (e)(4), a 

21 drug-related offense committed during the 

22 preceding 5 years. 

23 ‘‘(2) CHILD CARE PROVIDERS.—A child care 

24 provider described in paragraph (1) shall be ineli25 gible for assistance provided in accordance with this 


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1 subchapter if the provider employs a staff member 

2 who is ineligible for employment under paragraph 

3 (1). 

4 ‘‘(d) SUBMISSION OF REQUESTS FOR BACKGROUND

5 CHECKS.— 

6 ‘‘(1) IN GENERAL.—A child care provider cov7 ered by subsection (c) shall submit a request, to the 

8 appropriate State agency designated by a State, for 

9 a criminal background check described in subsection 

10 (b), for each child care staff member (including pro11 spective child care staff members) of the provider. 

12 ‘‘(2) STAFF MEMBERS.—Subject to paragraph 

13 (4), in the case of an individual who became a child 

14 care staff member before the date of enactment of 

15 the Child Care and Development Block Grant Act of 

16 2013, the provider shall submit such a request— 

17 ‘‘(A) prior to the last day described in sub18 section (i)(1); and 

19 ‘‘(B) not less often than once during each 

20 5-year period following the first submission date 

21 under this paragraph for that staff member. 

22 ‘‘(3) PROSPECTIVE STAFF MEMBERS.—Subject 

23 to paragraph (4), in the case of an individual who 

24 is a prospective child care staff member on or after 


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1 that date of enactment, the provider shall submit 

2 such a request— 

3 ‘‘(A) prior to the date the individual be4 comes a child care staff member of the pro5 vider; and 

6 ‘‘(B) not less often than once during each 

7 5-year period following the first submission date 

8 under this paragraph for that staff member. 

9 ‘‘(4) BACKGROUND CHECK FOR ANOTHER

10 CHILD CARE PROVIDER.—A child care provider shall 

11 not be required to submit a request under paragraph 

12 (2) or (3) for a child care staff member if— 

13 ‘‘(A) the staff member received a back14 ground check described in subsection (b)— 

15 ‘‘(i) within 5 years before the latest 

16 date on which such a submission may be 

17 made; and 

18 ‘‘(ii) while employed by or seeking em19 ployment by another child care provider 

20 within the State; and 

21 ‘‘(B) the State provides to the provider a 

22 qualifying background check result, consistent 

23 with this subchapter, for the child care staff 

24 member, who may have become separated from 

25 employment from a child care provider within 


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1 the State for a period of not more than 180 

2 consecutive days. 

3 ‘‘(e) BACKGROUND CHECK RESULTS AND AP4 PEALS.— 

5 ‘‘(1) BACKGROUND CHECK RESULTS.—The 

6 State shall carry out the request of a child care pro7 vider for a criminal background check as expedi8 tiously as possible and shall provide the results of 

9 the criminal background check to such provider and 

10 to the current or prospective staff member. 

11 ‘‘(2) PRIVACY.— 

12 ‘‘(A) IN GENERAL.—The State shall pro13 vide the results of the criminal background 

14 check to the provider in a statement that indi15 cates whether a child care staff member (in16 cluding a prospective child care staff member) 

17 is eligible or ineligible for employment described 

18 in subsection (c), without revealing any dis19 qualifying crime or other related information 

20 regarding the individual. 

21 ‘‘(B) INELIGIBLE STAFF MEMBER.—If the 

22 child care staff member is ineligible for such 

23 employment due to the background check, the 

24 State will, when providing the results of the 

25 background check, include information related 


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1 to each disqualifying crime, in a report to the 

2 staff member or prospective staff member. 

3 ‘‘(C) PUBLIC RELEASE OF RESULTS.—No 

4 State shall publicly release or share the results 

5 of individual background checks, however such 

6 results of background checks may be included 

7 in the development or dissemination of local or 

8 statewide data related to background checks, if 

9 such results are not individually identifiable. 

10 ‘‘(3) APPEALS.— 

11 ‘‘(A) IN GENERAL.—The State shall pro12 vide for a process by which a child care staff 

13 member (including a prospective child care staff 

14 member) may appeal the results of a criminal 

15 background check conducted under this section 

16 to challenge the accuracy or completeness of the 

17 information contained in such member’s crimi18 nal background report. 

19 ‘‘(B) APPEALS PROCESS.—The State shall 

20 ensure that— 

21 ‘‘(i) the appeals process is completed 

22 in a timely manner for each child care 

23 staff member; 


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1 ‘‘(ii) each child care staff member 

2 shall be given notice of the opportunity to 

3 appeal; and 

4 ‘‘(iii) a child care staff member will 

5 receive instructions about how to complete 

6 the appeals process if the child care staff 

7 member wishes to challenge the accuracy 

8 or completeness of the information in his 

9 or her criminal background report. 

10 ‘‘(4) REVIEW.—The State may allow for a re11 view process through which the State may determine 

12 that a child care staff member (including a prospec13 tive child care staff member) disqualified for a crime 

14 specified in subsection (c)(1)(D)(ix) is eligible for 

15 employment described in subsection (c)(1), notwith16 standing subsection (c). The review process shall be 

17 consistent with title VII of the Civil Rights Act of 

18 1964 (42 U.S.C. 2000e et seq.). 

19 ‘‘(5) NO PRIVATE RIGHT OF ACTION.—Nothing 

20 in this section shall be construed to create a private 

21 right of action if the provider is in compliance with 

22 State regulations and requirements. 

23 ‘‘(f) FEES FOR BACKGROUND CHECKS.—Fees that a 

24 State may charge for the costs of processing applications 

25 and administering a criminal background check as reVerDate Mar 15 2010 23:41 Jun 03, 2013 Jkt 029200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S1086.IS S1086

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1 quired by this section shall not exceed the actual costs to 

2 the State for the processing and administration. 

3 ‘‘(g) CONSTRUCTION.— 

4 ‘‘(1) DISQUALIFICATION FOR OTHER CRIMES.— 

5 Nothing in this section shall be construed to prevent 

6 a State from disqualifying individuals as child care 

7 staff members based on their conviction for crimes 

8 not specifically listed in this section that bear upon 

9 the fitness of an individual to provide care for and 

10 have responsibility for the safety and well-being of 

11 children. 

12 ‘‘(2) RIGHTS AND REMEDIES.—Nothing in this 

13 section shall be construed to alter or otherwise affect 

14 the rights and remedies provided for child care staff 

15 members residing in a State that disqualifies individ16 uals as child care staff members for crimes not spe17 cifically provided for under this subchapter. 

18 ‘‘(h) DEFINITIONS.—In this section— 

19 ‘‘(1) the term ‘child care provider’ means a cen20 ter-based child care provider, a family child care 

21 provider, or another provider of child care services 

22 for compensation and on a regular basis that— 

23 ‘‘(A) is not an individual who is related to 

24 all children for whom child care services are 

25 provided; and 


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1 ‘‘(B) is licensed, regulated, or registered 

2 under State law or receives assistance provided 

3 in accordance with this subchapter; and 

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

5 an individual (other than an individual who is re6 lated to all children for whom child care services are 

7 provided)— 

8 ‘‘(A) who is employed by a child care pro9 vider for compensation; 

10 ‘‘(B) whose activities involve the care or 

11 supervision of children for a child care provider 

12 or unsupervised access to children who are 

13 cared for or supervised by a child care provider; 

14 or 

15 ‘‘(C) who is a family child care provider. 

16 ‘‘(i) EFFECTIVE DATE.— 

17 ‘‘(1) IN GENERAL.—A State that receives funds 

18 under this subchapter shall meet the requirements of 

19 this section for the provision of criminal background 

20 checks for child care staff members described in sub21 section (d)(1) not later than the last day of the sec22 ond full fiscal year after the date of enactment of 

23 the Child Care and Development Block Grant Act of 

24 1990. 


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1 ‘‘(2) EXTENSION.—The Secretary may grant a 

2 State an extension of time, of not more than 1 fiscal 

3 year, to meet the requirements of this section if the 

4 State demonstrates a good faith effort to comply 

5 with the requirements of this section. 

6 ‘‘(3) PENALTY FOR NONCOMPLIANCE.—Except 

7 as provided in paragraphs (1) and (2), for any fiscal 

8 year that a State fails to comply substantially with 

9 the requirements of this section, the Secretary shall 

10 withhold 5 percent of the funds that would otherwise 

11 be allocated to that State in accordance with this 

12 subchapter for the following fiscal year.’’. 

13 SEC. 8. REPORTS AND INFORMATION. 

14 (a) ADMINISTRATION.—Section 658I(a)(2) of the 

15 Child Care and Development Block Grant Act of 1990 (42 

16 U.S.C. 9858g(a)(2)) is amended by inserting a comma 

17 after ‘‘publish’’. 

18 (b) REPORTS.—Section 658K(a) of such Act (42 

19 U.S.C. 9858i(a)) is amended— 

20 (1) in paragraph (1)(B)— 

21 (A) in clause (ix), by striking ‘‘and’’ at the 

22 end; 

23 (B) in clause (x), by striking the period 

24 and inserting ‘‘; and’’; and 


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1 (C) by inserting after clause (x), the fol2 lowing: 

3 ‘‘(xi) whether the children receiving 

4 assistance under this subchapter are home5 less children;’’; and 

6 (2) in paragraph (2)— 

7 (A) in the matter preceding subparagraph 

8 (A), by striking ‘‘1997’’ and inserting ‘‘2014’’; 

9 and 

10 (B) in subparagraph (A), by striking ‘‘sec11 tion 658P(5)’’ and inserting ‘‘section 658P(6)’’. 

12 (c) REPORT BY SECRETARY.—Section 658L of such 

13 Act (42 U.S.C. 9858j) is amended— 

14 (1) by striking the section heading and insert15 ing the following: 

16 ‘‘SEC. 658L. REPORTS, HOTLINE, AND WEB SITE.’’; 

17 (2) by striking ‘‘Not later’’ and inserting the 

18 following: 

19 ‘‘(a) REPORT BY SECRETARY.—Not later’’; 

20 (3) by striking ‘‘1998’’ and inserting ‘‘2015’’; 

21 and 

22 (4) by striking ‘‘to the Committee’’ and all that 

23 follows through ‘‘of the Senate’’ and inserting ‘‘to 

24 the Committee on Education and the Workforce of 

25 the House of Representatives and the Committee on 


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1 Health, Education, Labor, and Pensions of the Sen2 ate’’; and 

3 (5) by adding at the end the following: 

4 ‘‘(b) NATIONAL TOLL-FREE HOTLINE AND WEB

5 SITE.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall operate 

7 a national toll-free hotline and Web site, to— 

8 ‘‘(A) develop and disseminate publicly 

9 available child care consumer education infor10 mation for parents and help parents access 

11 safe, affordable, and quality child care in their 

12 community; and 

13 ‘‘(B) to allow persons to report (anony14 mously if desired) suspected child abuse or ne15 glect, or violations of health and safety require16 ments, by an eligible child care provider that re17 ceives assistance under this subchapter. 

18 ‘‘(2) REQUIREMENTS.—The Secretary shall en19 sure that the hotline and Web site meet the fol20 lowing requirements: 

21 ‘‘(A) REFERRAL TO LOCAL CHILD CARE

22 PROVIDERS.—The Web site shall be hosted by 

23 ‘childcare.gov’. The Web site shall enable a 

24 child care consumer to enter a zip code and ob25 tain a referral to local child care providers deVerDate Mar 15 2010 23:41 Jun 03, 2013 Jkt 029200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S1086.IS S1086

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1 scribed in subparagraph (B) within a specified 

2 search radius. 

3 ‘‘(B) INFORMATION.—The Web site shall 

4 provide to consumers, directly or through link5 ages to State databases, at a minimum— 

6 ‘‘(i) a localized list of all State li7 censed child care providers; 

8 ‘‘(ii) any provider-specific information 

9 from a Quality Rating and Improvement 

10 System or information about other quality 

11 indicators, to the extent the information is 

12 publicly available and to the extent prac13 ticable; 

14 ‘‘(iii) any other provider-specific infor15 mation about compliance with licensing, 

16 and health and safety, requirements to the 

17 extent the information is publicly available 

18 and to the extent practicable; 

19 ‘‘(iv) referrals to local resource and 

20 referral organizations from which con21 sumers can find more information about 

22 child care providers, and a recommenda23 tion that consumers consult with the orga24 nizations when selecting a child care pro25 vider; and 


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1 ‘‘(v) State information about child 

2 care subsidy programs and other financial 

3 supports available to families. 

4 ‘‘(C) NATIONWIDE CAPACITY.—The Web 

5 site and hotline shall have the capacity to help 

6 families in every State and community in the 

7 Nation. 

8 ‘‘(D) INFORMATION AT ALL HOURS.—The 

9 Web site shall provide, to parents and families, 

10 access to information about child care 24 hours 

11 a day. 

12 ‘‘(E) SERVICES IN DIFFERENT LAN13 GUAGES.—The Web site and hotline shall en14 sure the widest possible access to services for 

15 families who speak languages other than 

16 English. 

17 ‘‘(F) HIGH-QUALITY CONSUMER EDU18 CATION AND REFERRAL.—The Web site and 

19 hotline shall ensure that families have access to 

20 child care consumer education and referral serv21 ices that are consistent and of high quality. 

22 ‘‘(3) PROHIBITION.—Nothing in this subsection 

23 shall be construed to allow the Secretary to compel 

24 States to provide additional data and information 

25 that is currently (as of the date of enactment of the 


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1 Child Care and Development Block Grant Act of 

2 2013) not publicly available, or is not required by 

3 this subchapter.’’. 

4 SEC. 9. TOLL-FREE HOTLINE AND WEB SITE. 

5 Section 658O(a) of the Child Care and Development 

6 Block Grant Act of 1990 (42 U.S.C. 9858m(a)) is amend7 ed by adding at the end the following: 

8 ‘‘(3) NATIONAL TOLL-FREE HOTLINE AND WEB

9 SITE.—The Secretary shall reserve not less than 

10 $1,000,000 of the amount appropriated under this 

11 subchapter for each fiscal year for the operation of 

12 a national toll-free hotline and Web site, under sec13 tion 658L(b).’’. 

14 SEC. 10. DEFINITIONS. 

15 Section 658P of the Child Care and Development 

16 Block Grant Act of 1990 (42 U.S.C. 9858n) is amended— 

17 (1) by striking paragraph (4) and inserting the 

18 following: 

19 ‘‘(3) CHILD WITH A DISABILITY.—The term 

20 ‘child with a disability’ means— 

21 ‘‘(A) a child with a disability, as defined in 

22 section 602 of the Individuals with Disabilities 

23 Education Act (20 U.S.C. 1401); 

24 ‘‘(B) a child who is eligible for early inter25 vention services under part C of the Individuals 


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1 with Disabilities Education Act (20 U.S.C. 

2 1431 et seq.); 

3 ‘‘(C) a child who is less than 13 years of 

4 age and who is eligible for services under sec5 tion 504 of the Rehabilitation Act of 1973 (29 

6 U.S.C. 794); and 

7 ‘‘(D) a child with a disability, as defined 

8 by the State involved. 

9 ‘‘(4) ELIGIBLE CHILD.—The term ‘eligible 

10 child’ means an individual— 

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

12 ‘‘(B) whose family income does not exceed 

13 85 percent of the State median income for a 

14 family of the same size; and 

15 ‘‘(C) who— 

16 ‘‘(i) resides with a parent or parents 

17 who are working or attending a job train18 ing or educational program; or 

19 ‘‘(ii) is receiving, or needs to receive, 

20 protective services and resides with a par21 ent or parents not described in clause (i).’’; 

22 (2) by redesignating paragraphs (5) through 

23 (9) as paragraphs (6) through (10), respectively; 

24 (3) by inserting before paragraph (6), as redes25 ignated by paragraph (2), the following: 


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1 ‘‘(5) ENGLISH LEARNER.—The term ‘English 

2 learner’ means an individual who is limited English 

3 proficient, as defined in section 9101 of the Elemen4 tary and Secondary Education Act of 1965 (20 

5 U.S.C. 7801) or section 637 of the Head Start Act 

6 (42 U.S.C. 9832).’’; 

7 (4) in paragraph (6)(A), as redesignated by 

8 paragraph (2)— 

9 (A) in clause (i), by striking ‘‘section 

10 658E(c)(2)(E)’’ and inserting ‘‘section 

11 658E(c)(2)(F)’’; and 

12 (B) in clause (ii), by striking ‘‘section 

13 658E(c)(2)(F)’’ and inserting ‘‘section 

14 658E(c)(2)(I)’’; 

15 (5) in paragraph (9), as redesignated by para16 graph (2), by striking ‘‘designated’’ and all that fol17 lows and inserting ‘‘designated or established under 

18 section 658D(a).’’; and 

19 (6) in paragraph (10), as redesignated by para20 graph (2), by inserting ‘‘, foster parent,’’ after 

21 ‘‘guardian’’. 

Æ 


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