S. 1086 

One Hundred Thirteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Friday, 

the third day of January, two thousand and fourteen 

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 services 

that best suit their family’s needs; 

‘‘(3) to encourage States to provide consumer education 

information to help parents make informed choices about child 

care services and to promote involvement by parents and family 

members in the development of their children in child care 

settings; 

‘‘(4) to assist States in delivering high-quality, coordinated 

early childhood care and education services to maximize parents’ options and support parents trying to achieve independence from public assistance; 

‘‘(5) to assist States in improving the overall quality of 

child care services and programs by implementing the health, 

safety, licensing, training, and oversight standards established 

in this subchapter and in State law (including State regulations); 

‘‘(6) to improve child care and development of participating 

children; and 

‘‘(7) to increase the number and percentage of low-income 

children in high-quality child care settings.’’. 

SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

Section 658B of the Child Care and Development Block Grant 

Act of 1990 (42 U.S.C. 9858) is amended by striking ‘‘subchapter’’ 
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and all that follows through the period at the end, and inserting 

‘‘subchapter $2,360,000,000 for fiscal year 2015, $2,478,000,000 for 

fiscal year 2016, $2,539,950,000 for fiscal year 2017, $2,603,448,750 

for fiscal year 2018, $2,668,534,969 for fiscal year 2019, and 

$2,748,591,018 for fiscal year 2020.’’. 

SEC. 4. LEAD AGENCY. 

(a) DESIGNATION.—Section 658D(a) of the Child Care and 

Development Block Grant Act of 1990 (42 U.S.C. 9858b(a)) is 

amended— 

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

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

‘‘designate an agency (which may be an appropriate collaborative agency), or establish a joint interagency office, that complies with the requirements of subsection (b) to serve as the 

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

(b) COLLABORATION WITH TRIBES.—Section 658D(b)(1) of the 

Child Care and Development Block Grant Act of 1990 (42 U.S.C. 

9858b(b)(1)) is amended— 

(1) in subparagraph (C), by striking ‘‘and’’ at the end; 

(2) in subparagraph (D), by striking the period and 

inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(E) at the option of an Indian tribe or tribal organization in the State, collaborate and coordinate with such 

Indian tribe or tribal organization in the development of 

the State plan in a timely manner.’’. 

SEC. 5. APPLICATION AND PLAN. 

(a) PERIOD.—Section 658E(b) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(b)) is amended 

by striking ‘‘2-year’’ and inserting ‘‘3-year’’. 

(b) POLICIES AND PROCEDURES.—Section 658E(c) of the Child 

Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) 

is amended— 

(1) in paragraph (1), by inserting ‘‘or established’’ after 

‘‘designated’’; 

(2) in paragraph (2)— 

(A) in subparagraph (B), by inserting a comma after 

‘‘care of such providers’’; 

(B) by striking subparagraphs (D) through (H); and 

(C) by adding at the end the following: 

‘‘(D) 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. 
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‘‘(E) CONSUMER AND PROVIDER EDUCATION INFORMA- TION.—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, 

the general public, and, where applicable, providers— 

‘‘(i) information about the availability of the full 

diversity of child care services that will promote 

informed child care choices and that concerns— 

‘‘(I) the availability of child care services provided through programs authorized by this subchapter and, if feasible, other child care services 

and other programs provided in the State for which 

the family may be eligible, as well as the availability of financial assistance to obtain child care 

services in the State; 

‘‘(II) if available, information about the quality 

of providers, as determined by the State, that can 

be provided through a Quality Rating and 

Improvement System; 

‘‘(III) information, made available through a 

State Web site, describing the State process for 

licensing child care providers, the State processes 

for conducting background checks, and monitoring 

and inspections, of child care providers, and the 

offenses that prevent individuals and entities from 

serving as child care providers in the State; 

‘‘(IV) other programs for which families that 

receive child care services for which financial 

assistance is provided under this subchapter may 

be eligible, including the program of block grants 

to States for temporary assistance for needy families established under part A of title IV of the 

Social Security Act (42 U.S.C. 601 et seq.), Head 

Start and Early Head Start programs carried out 

under the Head Start Act (42 U.S.C. 9831 et seq.), 

the program carried out under the Low-Income 

Home Energy Assistance Act of 1981 (42 U.S.C. 

8621 et seq.), the supplemental nutrition assistance program established under the Food and 

Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the 

special supplemental nutrition program for women, 

infants, and children established under section 17 

of the Child Nutrition Act of 1966 (42 U.S.C. 1786), 

the child and adult care food program established 

under section 17 of the Richard B. Russell National 

School Lunch Act (42 U.S.C. 1766), and the Medicaid and State children’s health insurance programs under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et seq., 1397aa et seq.); 

‘‘(V) programs carried out under section 619 

and part C of the Individuals with Disabilities 

Education Act (20 U.S.C. 1419, 1431 et seq.); 

‘‘(VI) research and best practices concerning 

children’s development, including social and emotional development, early childhood development, 
S. 1086—4 

and meaningful parent and family engagement, 

and physical health and development (particularly 

healthy eating and physical activity); and 

‘‘(VII) the State policies regarding the socialemotional behavioral health of young children, 

which may include positive behavioral intervention 

and support models, and policies on expulsion of 

preschool-aged children, in early childhood programs receiving assistance under this subchapter; 

and 

‘‘(ii) information on developmental screenings, 

including— 

‘‘(I) information on existing (as of the date 

of submission of the application containing the 

plan) resources and services the State can deploy, 

including the coordinated use of the Early and 

Periodic Screening, Diagnosis, and Treatment program under the Medicaid program carried out 

under title XIX of the Social Security Act (42 

U.S.C. 1396 et seq.) and developmental screening 

services available under section 619 and part C 

of the Individuals with Disabilities Education Act 

(20 U.S.C. 1419, 1431 et seq.), in conducting 

developmental screenings and providing referrals 

to services, when appropriate, for children who 

receive assistance under this subchapter; and 

‘‘(II) a description of how a family or eligible 

child care provider may utilize the resources and 

services described in subclause (I) to obtain 

developmental screenings for children who receive 

assistance under this subchapter who may be at 

risk for cognitive or other developmental delays, 

which may include social, emotional, physical, or 

linguistic delays. 

‘‘(F) COMPLIANCE WITH STATE LICENSING REQUIRE- MENTS.— 

‘‘(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 funds 

received under this subchapter to support a child care 

provider that is exempt from the corresponding 

licensing requirements described in clause (i), the plan 

shall include a description stating why such licensing 

exemption does not endanger the health, safety, or 

development of children who receive services from child 

care providers who are exempt from such requirements. 

‘‘(G) TRAINING AND PROFESSIONAL DEVELOPMENT

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

training and professional development requirements 

that are in effect within the State designed to enable 

child care providers to promote the social, emotional, 

physical, and cognitive development of children and 
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to improve the knowledge and skills of the child care 

workforce. Such requirements shall be applicable to 

child care providers that provide services for which 

assistance is provided in accordance with this subchapter. 

‘‘(ii) REQUIREMENTS.—The plan shall provide an 

assurance that such training and professional development— 

‘‘(I) shall be conducted on an ongoing basis, 

provide for a progression of professional development (which may include encouraging the pursuit 

of postsecondary education), reflect current 

research and best practices relating to the skills 

necessary for the child care workforce to meet 

the developmental needs of participating children, 

and improve the quality of, and stability within, 

the child care workforce; 

‘‘(II) shall be developed in consultation with 

the State Advisory Council on Early Childhood 

Education and Care (designated or established 

pursuant to section 642B(b)(1)(A)(i) of the Head 

Start Act (42 U.S.C. 9837b(b)(1)(A)(i))), and may 

engage training providers in aligning training 

opportunities with the State’s training framework; 

‘‘(III) incorporates knowledge and application 

of the State’s early learning and developmental 

guidelines (where applicable), the State’s health 

and safety standards, and incorporates social-emotional behavior intervention models, which may 

include positive behavior intervention and support 

models; 

‘‘(IV) shall be accessible to providers supported 

through Indian tribes or tribal organizations that 

receive assistance under this subchapter; and 

‘‘(V) to the extent practicable, are appropriate 

for a population of children that includes— 

‘‘(aa) different age groups; 

‘‘(bb) English learners; 

‘‘(cc) children with disabilities; and 

‘‘(dd) Native Americans, including Indians, 

as the term is defined in section 4 of the 

Indian Self-Determination and Education 

Assistance Act (25 U.S.C. 450b) (including 

Alaska Natives within the meaning of that 

term), and Native Hawaiians (as defined in 

section 7207 of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7517)). 

‘‘(iii) INFORMATION.—The plan shall include the 

number of hours of training required for eligible providers and caregivers to engage in annually, as determined by the State. 

‘‘(iv) CONSTRUCTION.—The Secretary shall not 

require an individual or entity that provides child care 

services for which assistance is provided in accordance 

with this subchapter to acquire a credential to provide 

such services. Nothing in this section shall be construed to prohibit a State from requiring a credential. 
S. 1086—6 

‘‘(H) CHILD-TO-PROVIDER RATIO STANDARDS.— 

‘‘(i) STANDARDS.—The plan shall describe child care 

standards for child care services for which assistance 

is made available in accordance with this subchapter, 

appropriate to the type of child care setting involved, 

to provide for the safety and developmental needs of 

the children served, that address— 

‘‘(I) group size limits for specific age populations, as determined by the State; 

‘‘(II) the appropriate ratio between the number 

of children and the number of providers, in terms 

of the age of the children in child care, as determined by the State; and 

‘‘(III) required qualifications for such providers, as determined by the State. 

‘‘(ii) CONSTRUCTION.—The Secretary may offer 

guidance to States on child-to-provider ratios described 

in clause (i) according to setting and age group, but 

shall not require that the State maintain specific group 

size limits for specific age populations or child-to-provider ratios for providers who receive assistance in 

accordance with subchapter. 

‘‘(I) HEALTH AND SAFETY REQUIREMENTS.—The plan 

shall include a certification that there are in effect within 

the State, under State or local law, requirements designed 

to protect the health and safety of children that are 

applicable to child care providers that provide services 

for which assistance is made available in accordance with 

this subchapter. Such requirements— 

‘‘(i) shall relate to matters including health and 

safety topics consisting of— 

‘‘(I) the prevention and control of infectious 

diseases (including immunization) and the 

establishment of a grace period that allows homeless children and children in foster care to receive 

services under this subchapter while their families 

(including foster families) are taking any necessary 

action to comply with immunization and other 

health and safety requirements; 

‘‘(II) prevention of sudden infant death syndrome and use of safe sleeping practices; 

‘‘(III) the administration of medication, consistent with standards for parental consent; 

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

‘‘(V) building and physical premises safety, 

including identification of and protection from hazards that can cause bodily injury such as electrical 

hazards, bodies of water, and vehicular traffic; 

‘‘(VI) prevention of shaken baby syndrome and 

abusive head trauma; 

‘‘(VII) emergency preparedness and response 

planning for emergencies resulting from a natural 

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

at a child care facility), within the meaning of 

those terms under section 602(a)(1) of the Robert 
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T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195a(a)(1)); 

‘‘(VIII) the handling and storage of hazardous 

materials and the appropriate disposal of biocontaminants; 

‘‘(IX) for providers that offer transportation, 

if applicable, appropriate precautions in transporting children; 

‘‘(X) first aid and cardiopulmonary resuscitation; and 

‘‘(XI) minimum health and safety training, to 

be completed pre-service or during an orientation 

period in addition to ongoing training, appropriate 

to the provider setting involved that addresses 

each of the requirements relating to matters 

described in subclauses (I) through (X); and 

‘‘(ii) may include requirements relating to nutrition, access to physical activity, or any other subject 

area determined by the State to be necessary to promote child development or to protect children’s health 

and safety. 

‘‘(J) COMPLIANCE WITH STATE AND LOCAL HEALTH AND

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

care providers within the State, that provide services for 

which assistance is made available in accordance with this 

subchapter, comply with all applicable State and local 

health and safety requirements as described in subparagraph (I). 

‘‘(K) ENFORCEMENT OF LICENSING AND OTHER REGU- LATORY REQUIREMENTS.— ‘‘(i) CERTIFICATION.—The plan shall include a certification that the State, not later than 2 years after 

the date of enactment of the Child Care and Development Block Grant Act of 2014, shall have in effect 

policies and practices, applicable to licensing or regulating child care providers that provide services for 

which assistance is made available in accordance with 

this subchapter and the facilities of those providers, 

that— 

‘‘(I) ensure that individuals who are hired as 

licensing inspectors in the State are qualified to 

inspect those child care providers and facilities 

and have received training in related health and 

safety requirements, and are trained in all aspects 

of the State’s licensure requirements; 

‘‘(II) require licensing inspectors (or qualified 

inspectors designated by the lead agency) of those 

child care providers and facilities to perform 

inspections, with— 

‘‘(aa) not less than 1 prelicensure inspection, for compliance with health, safety, and 

fire standards, of each such child care provider 

and facility in the State; and 

‘‘(bb) not less than annually, an inspection 

(which shall be unannounced) of each such 

child care provider and facility in the State 
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for compliance with all child care licensing 

standards, which shall include an inspection 

for compliance with health, safety, and fire 

standards (inspectors may inspect for compliance with all 3 standards at the same time); 

‘‘(III) require the ratio of licensing inspectors 

to such child care providers and facilities in the 

State to be maintained at a level sufficient to 

enable the State to conduct inspections of such 

child care providers and facilities on a timely basis 

in accordance with Federal, State, and local law; 

and 

‘‘(IV) require licensing inspectors (or qualified 

inspectors designated by the lead agency) of child 

care providers and facilities to perform an annual 

inspection of each license-exempt provider in the 

State receiving funds under this subchapter 

(unless the provider is an eligible child care provider as described in section 658P(6)(B)) for compliance with health, safety, and fire standards, at 

a time to be determined by the State. 

‘‘(ii) CONSTRUCTION.—The Secretary may offer 

guidance to a State, if requested by the State, on 

a research-based minimum standard regarding ratios 

described in clause (i)(III) and provide technical assistance to the State on meeting the minimum standard 

within a reasonable time period, but shall not prescribe 

a particular ratio. 

‘‘(L) COMPLIANCE WITH CHILD ABUSE REPORTING

REQUIREMENTS.—The plan shall include a certification that 

child care providers within the State will comply with 

the child abuse reporting requirements of section 

106(b)(2)(B)(i) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)(i)). 

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

The plan shall describe how the State will develop and 

implement strategies (which may include alternative 

reimbursement rates to child care providers, the provision 

of direct contracts or grants to community-based organizations, offering child care certificates to parents, or other 

means determined by the State) to increase the supply 

and improve the quality of child care services for— 

‘‘(i) children in underserved areas; 

‘‘(ii) infants and toddlers; 

‘‘(iii) children with disabilities, as defined by the 

State; and 

‘‘(iv) children who receive care during nontraditional hours. 

‘‘(N) PROTECTION FOR WORKING PARENTS.— ‘‘(i) MINIMUM PERIOD.— ‘‘(I) 12-MONTH PERIOD.—The plan shall demonstrate that each child who receives assistance 

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

assistance and will receive such assistance, for 

not less than 12 months before the State or designated local entity redetermines the eligibility of 
S. 1086—9 

the child under this subchapter, regardless of a 

temporary change in the ongoing status of the 

child’s parent as working or attending a job 

training or educational program or a change in 

family income for the child’s family, if that family 

income does not exceed 85 percent of the State 

median income for a family of the same size. 

‘‘(II) FLUCTUATIONS IN EARNINGS.—The plan 

shall demonstrate how the State’s or designated 

local entity’s processes for initial determination 

and redetermination of such eligibility take into 

account irregular fluctuations in earnings. 

‘‘(ii) REDETERMINATION PROCESS.—The plan shall 

describe the procedures and policies that are in place 

to ensure that working parents (especially parents in 

families receiving assistance under the program of 

block grants to States for temporary assistance for 

needy families under part A of title IV of the Social 

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

to unduly disrupt their employment in order to comply 

with the State’s or designated local entity’s requirements for redetermination of eligibility for assistance 

provided in accordance with this subchapter. 

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

of the State, the plan shall demonstrate that the State 

will not terminate assistance provided to carry out 

this subchapter based on a factor consisting of a parent’s loss of work or cessation of attendance at a job 

training or educational program for which the family 

was receiving the assistance, without continuing the 

assistance for a reasonable period of time, of not less 

than 3 months, after such loss or cessation in order 

for the parent to engage in a job search and resume 

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

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

shall describe the policies and procedures that are 

in place to allow for provision of continued assistance 

to carry out this subchapter, at the beginning of a 

new eligibility period under clause (i)(I), for children 

of parents who are working or attending a job training 

or educational program and whose family income 

exceeds the State’s income limit to initially qualify 

for such assistance, if the family income for the family 

involved does not exceed 85 percent of the State median 

income for a family of the same size. 

‘‘(O) COORDINATION WITH OTHER PROGRAMS.— 

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

State, in order to expand accessibility and continuity 

of care, and assist children enrolled in early childhood 

programs to receive full-day services, will efficiently, 

and to the extent practicable, coordinate the services 

supported to carry out this subchapter with programs 

operating at the Federal, State, and local levels for 

children in preschool programs, tribal early childhood 

programs, and other early childhood programs, 

including those serving infants and toddlers with 
S. 1086—10 

disabilities, homeless children, and children in foster 

care. 

‘‘(ii) OPTIONAL USE OF COMBINED FUNDS.—If the 

State elects to combine funding for the services supported to carry out this subchapter with funding for 

any program described in clause (i), the plan shall 

describe how the State will combine the multiple sets 

of funding and use the combined funding. 

‘‘(iii) RULE OF CONSTRUCTION.—Nothing in clause 

(i) shall be construed to affect the priority of children 

described in clause (i) to receive full-day prekindergarten or Head Start program services. 

‘‘(P) PUBLIC-PRIVATE PARTNERSHIPS.—The plan shall 

demonstrate how the State encourages partnerships among 

State agencies, other public agencies, Indian tribes and 

tribal organizations, and private entities, including faithbased and community-based organizations, to leverage 

existing service delivery systems (as of the date of the 

submission of the application containing the plan) for child 

care and development services and to increase the supply 

and quality of child care services for children who are 

less than 13 years of age, such as by implementing voluntary shared services alliance models. 

‘‘(Q) PRIORITY FOR LOW-INCOME POPULATIONS.—The 

plan shall describe the process the State proposes to use, 

with respect to investments made to increase access to 

programs providing high-quality child care and development services, to give priority for those investments to 

children of families in areas that have significant concentrations of poverty and unemployment and that do not 

have such programs. 

‘‘(R) CONSULTATION.—The plan shall include a certification that the State has developed the plan in consultation 

with the State Advisory Council on Early Childhood Education and Care designated or established pursuant to section 642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C. 

9837b(b)(1)(A)(i)). 

‘‘(S) PAYMENT PRACTICES.—The plan shall include— 

‘‘(i) a certification that the payment practices of 

child care providers in the State that serve children 

who receive assistance under this subchapter reflect 

generally accepted payment practices of child care providers in the State that serve children who do not 

receive assistance under this subchapter, so as to provide stability of funding and encourage more child 

care providers to serve children who receive assistance 

under this subchapter; and 

‘‘(ii) an assurance that the State will, to the extent 

practicable, implement enrollment and eligibility policies that support the fixed costs of providing child 

care services by delinking provider reimbursement 

rates from an eligible child’s occasional absences due 

to holidays or unforseen circumstances such as illness. 

‘‘(T) EARLY LEARNING AND DEVELOPMENTAL GUIDE- LINES.— ‘‘(i) IN GENERAL.—The plan shall include an assurance that the State will maintain or implement early 
S. 1086—11 

learning and developmental guidelines (or develop such 

guidelines if the State does not have such guidelines 

as of the date of enactment of the Child Care and 

Development Block Grant Act of 2014) that are appropriate for children from birth to kindergarten entry, 

describing what such children should know and be 

able to do, and covering the essential domains of early 

childhood development for use statewide by child care 

providers. Such guidelines shall— 

‘‘(I) be research-based, developmentally appropriate, and aligned with entry to kindergarten; 

‘‘(II) be implemented in consultation with the 

state educational agency and the State Advisory 

Council on Early Childhood Education and Care 

(designated or established pursuant to section 

642B(b)(I)(A)(i) of the Head Start Act (42 U.S.C. 

9837b(b)(1)(A)(i)); and 

‘‘(III) be updated as determined by the State. 

‘‘(ii) PROHIBITION ON USE OF FUNDS.—The plan 

shall include an assurance that funds received by the 

State to carry out this subchapter will not be used 

to develop or implement an assessment for children 

that— 

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

provider being determined to be ineligible to 

participate in the program carried out under this 

subchapter; 

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

to provide a reward or sanction for an individual 

provider; 

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

method for assessing program effectiveness; or 

‘‘(IV) will be used to deny children eligibility 

to participate in the program carried out under 

this subchapter. 

‘‘(iii) EXCEPTIONS.—Nothing in this subchapter 

shall preclude the State from using a single assessment 

as determined by the State for children for— 

‘‘(I) supporting learning or improving a classroom environment; 

‘‘(II) targeting professional development to a 

provider; 

‘‘(III) determining the need for health, mental 

health, disability, developmental delay, or family 

support services; 

‘‘(IV) obtaining information for the quality 

improvement process at the State level; or 

‘‘(V) conducting a program evaluation for the 

purposes of providing program improvement and 

parent information. 

‘‘(iv) NO FEDERAL CONTROL.—Nothing in this section shall be construed to authorize an officer or 

employee of the Federal Government to— 

‘‘(I) mandate, direct, control, or place conditions (outside of what is required by this subchapter) around adopting a State’s early learning 
S. 1086—12 

and developmental guidelines developed in accordance with this section; 

‘‘(II) establish any criterion that specifies, 

defines, prescribes, or places conditions (outside 

of what is required by this subchapter) on a State 

adopting standards or measures that a State uses 

to establish, implement, or improve such guidelines, related accountability systems, or alignment 

of such guidelines with education standards; or 

‘‘(III) require a State to submit such guidelines 

for review. 

‘‘(U) DISASTER PREPAREDNESS.— ‘‘(i) IN GENERAL.—The plan shall demonstrate the 

manner in which the State will address the needs 

of children in child care services provided through programs authorized under this subchapter, including the 

need for safe child care, for the period before, during, 

and after a state of emergency declared by the Governor or a major disaster or emergency (as such terms 

are defined in section 102 of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5122)). 

‘‘(ii) STATEWIDE CHILD CARE DISASTER PLAN.—Such 

plan shall include a statewide child care disaster plan 

for coordination of activities and collaboration, in the 

event of an emergency or disaster described in clause 

(i), among the State agency with jurisdiction over 

human services, the agency with jurisdiction over State 

emergency planning, the State lead agency, the State 

agency with jurisdiction over licensing of child care 

providers, the local resource and referral organizations, 

the State resource and referral system, and the State 

Advisory Council on Early Childhood Education and 

Care as provided for under section 642B(b) of the Head 

Start Act (42 U.S.C. 9837b(b)). 

‘‘(iii) DISASTER PLAN COMPONENTS.—The components of the disaster plan, for such an emergency or 

disaster, shall include— 

‘‘(I) evacuation, relocation, shelter-in-place, 

and lock-down procedures, and procedures for 

communication and reunification with families, 

continuity of operations, and accommodation of 

infants and toddlers, children with disabilities, and 

children with chronic medical conditions; 

‘‘(II) guidelines for the continuation of child 

care services in the period following the emergency 

or disaster, which may include the provision of 

emergency and temporary child care services, and 

temporary operating standards for child care providers during that period; and 

‘‘(III) procedures for staff and volunteer emergency preparedness training and practice drills. 

‘‘(V) BUSINESS TECHNICAL ASSISTANCE.—The plan shall 

describe how the State will develop and implement strategies to strengthen the business practices of child care providers to expand the supply, and improve the quality of, 

child care services.’’; 
S. 1086—13 

(3) in paragraph (3)— 

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

under’’ and inserting ‘‘in accordance with’’; 

(B) in subparagraph (B)— 

(i) by striking ‘‘The State’’ and inserting the following: 

‘‘(i) IN GENERAL.—The State’’; 

(ii) by striking ‘‘and any other activity that the 

State deems appropriate to realize any of the goals 

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

658A(b)’’ and inserting ‘‘activities that improve access 

to child care services, including the use of procedures 

to permit enrollment (after an initial eligibility determination) of homeless children while required documentation is obtained, training and technical assistance on identifying and serving homeless children and 

their families, and specific outreach to homeless families, and any other activity that the State determines 

to be appropriate to meet the purposes of this subchapter (which may include an activity described in 

clause (ii))’’; and 

(iii) by adding at the end the following: 

‘‘(ii) REPORT BY THE ASSISTANT SECRETARY FOR

CHILDREN AND FAMILIES.— 

‘‘(I) 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 
S. 1086—14 

to that State in accordance with this subchapter for the first full fiscal year after that 

date. 

‘‘(III) WAIVER FOR EXTRAORDINARY CIR- CUMSTANCES.—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 (including faith-based and 

community-based child care providers), analyzed by provider, including child care provided during nontraditional hours and through 

emergency child care centers, in their political 

subdivisions or regions; 

‘‘(bb) to the extent practicable, work 

directly with families who receive assistance 

under this subchapter to offer the families 

support and assistance, using information 

described in item (aa), to make an informed 

decision about which child care providers they 

will use, in an effort to ensure that the families 

are enrolling their children in the most appropriate child care setting to suit their needs 

and one that is of high quality (as determined 

by the State); 

‘‘(cc) collect data and provide information 

on the coordination of services and supports, 
S. 1086—15 

including services under section 619 and part 

C of the Individuals with Disabilities Education Act (20 U.S.C. 1431, et seq.), for children with disabilities (as defined in section 

602 of such Act (20 U.S.C. 1401)); 

‘‘(dd) collect data and provide information 

on the supply of and demand for child care 

services in political subdivisions or regions 

within the State and submit such information 

to the State; 

‘‘(ee) work to establish partnerships with 

public agencies and private entities, including 

faith-based and community-based child care 

providers, to increase the supply and quality 

of child care services in the State; and 

‘‘(ff) as appropriate, coordinate their 

activities with the activities of the State lead 

agency and local agencies that administer 

funds made available in accordance with this 

subchapter.’’; 

(C) in subparagraph (D)— 

(i) by striking ‘‘1997 through 2002)’’ and inserting 

‘‘2015 through 2020’’; and 

(ii) by striking ‘‘other than families described in 

paragraph (2)(H)’’ and inserting ‘‘including or in addition to families with children described in clause (i), 

(ii), (iii), or (iv) of paragraph (2)(M)’’; and 

(D) by adding at the end the following: 

‘‘(E) DIRECT SERVICES.—From amounts provided to a 

State for a fiscal year to carry out this subchapter, the 

State shall— 

‘‘(i) reserve the minimum amount required to be 

reserved under section 658G, and the funds for costs 

described in subparagraph (C); and 

‘‘(ii) from the remainder, use not less than 70 

percent to fund direct services (provided by the State) 

in accordance with paragraph (2)(A).’’; 

(4) by striking paragraph (4) and inserting the following: 

‘‘(4) PAYMENT RATES.— 

‘‘(A) 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 
S. 1086—16 

administrators, local child care resource and referral 

agencies, and other appropriate entities, developed and 

conducted (not earlier than 2 years before the date 

of the submission of the application containing the 

State plan) a statistically valid and reliable survey 

of the market rates for child care services in the State 

(that reflects variations in the cost of child care services 

by geographic area, type of provider, and age of child) 

or an alternative methodology, such as a cost estimation model, that has been developed by the State 

lead agency; 

‘‘(ii) demonstrate that the State prepared a detailed 

report containing the results of the State market rates 

survey or alternative methodology conducted pursuant 

to clause (i), and made the results of the survey or 

alternative methodology widely available (not later 

than 30 days after the completion of such survey or 

alternative methodology) through periodic means, 

including posting the results on the Internet; 

‘‘(iii) describe how the State will set payment rates 

for child care services, for which assistance is provided 

in accordance with this subchapter— 

‘‘(I) in accordance with the results of the 

market rates survey or alternative methodology 

conducted pursuant to clause (i); 

‘‘(II) taking into consideration the cost of providing higher quality child care services than were 

provided under this subchapter before the date 

of enactment of the Child Care and Development 

Block Grant Act of 2014; and 

‘‘(III) without, to the extent practicable, 

reducing the number of families in the State 

receiving such assistance to carry out this subchapter, relative to the number of such families 

on the date of enactment of that Act; and 

‘‘(iv) describe how the State will provide for timely 

payment for child care services provided under this 

subchapter. 

‘‘(C) CONSTRUCTION.— 

‘‘(i) NO PRIVATE RIGHT OF ACTION.—Nothing in this 

paragraph shall be construed to create a private right 

of action if the State acted in accordance with this 

paragraph. 

‘‘(ii) NO PROHIBITION OF CERTAIN DIFFERENT

RATES.—Nothing in this subchapter shall be construed 

to prevent a State from differentiating the payment 

rates described in subparagraph (B)(iii) on the basis 

of such factors as— 

‘‘(I) geographic location of child care providers 

(such as location in an urban or rural area); 

‘‘(II) the age or particular needs of children 

(such as the needs of children with disabilities 

and children served by child protective services); 

‘‘(III) whether the providers provide child care 

services during weekend and other nontraditional 

hours; or 
S. 1086—17 

‘‘(IV) the State’s determination that such differentiated payment rates may enable a parent 

to choose high-quality child care that best fits the 

parent’s needs.’’; and 

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

to families receiving assistance under this subchapter)’’ after 

‘‘cost sharing’’. 

(c) TECHNICAL AMENDMENT.—Section 658F(b)(2) of the Child 

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

9858d(b)(2)) is amended by striking ‘‘section 658E(c)(2)(F)’’ and 

inserting ‘‘section 658E(c)(2)(I)’’. 

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

Section 658G of the Child Care and Development Block Grant 

Act of 1990 (42 U.S.C. 9858e) is amended to read as follows: 

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

‘‘(a) RESERVATION.— 

‘‘(1) RESERVATION FOR ACTIVITIES RELATING TO THE QUALITY

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

out this subchapter for a fiscal year referred to in paragraph 

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

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

grants or contracts with local child care resource and referral 

organizations or other appropriate entities, that are designed 

to improve the quality of child care services and increase 

parental options for, and access to, high-quality child care, 

and is in alignment with a Statewide assessment of the State’s 

needs to carry out such services and care, provided in accordance with this subchapter. 

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

and use— 

‘‘(A) to carry out the activities described in paragraph 

(1), not less than— 

‘‘(i) 7 percent of the funds described in paragraph 

(1), for the first and second full fiscal years after the 

date of enactment of the Child Care and Development 

Block Grant Act of 2014; 

‘‘(ii) 8 percent of such funds for the third and 

fourth full fiscal years after the date of enactment; 

and 

‘‘(iii) 9 percent of such funds for the fifth and 

each succeeding full fiscal year after the date of enactment; and 

‘‘(B) in addition to the funds reserved under subparagraph (A), 3 percent of the funds described in paragraph 

(1) received not later than the second full fiscal year after 

the date of enactment and received for each succeeding 

full fiscal year, to carry out the activities described in 

paragraph (1) and subsection (b)(4), as such activities relate 

to the quality of care for infants and toddlers. 

‘‘(3) STATE RESERVATION AMOUNT.—Nothing in this subsection shall preclude the State from reserving a larger percentage of funds to carry out the activities described in paragraph 

(1) and subsection (b). 

‘‘(b) ACTIVITIES.—Funds reserved under subsection (a) shall 

be used to carry out no fewer than one of the following activities 
S. 1086—18 

that will improve the quality of child care services provided in 

the State: 

‘‘(1) Supporting the training and professional development 

of the child care workforce through activities such as those 

included under section 658E(c)(2)(G), in addition to— 

‘‘(A) offering training and professional development 

opportunities for child care providers that relate to the 

use of scientifically-based, developmentally-appropriate and 

age-appropriate strategies to promote the social, emotional, 

physical, and cognitive development of children, including 

those related to nutrition and physical activity, and offering 

specialized training for child care providers caring for those 

populations prioritized in section 658E(c)(2)(Q), and children with disabilities; 

‘‘(B) incorporating the effective use of data to guide 

program improvement; 

‘‘(C) including effective behavior management strategies and training, including positive behavior interventions 

and support models, that promote positive social and emotional development and reduce challenging behaviors, 

including reducing expulsions of preschool-aged children 

for such behaviors; 

‘‘(E) providing training and outreach on engaging parents and families in culturally and linguistically appropriate ways to expand their knowledge, skills, and capacity 

to become meaningful partners in supporting their children’s positive development; 

‘‘(F) providing training corresponding to the nutritional 

and physical activity needs of children to promote healthy 

development; 

‘‘(G) providing training or professional development for 

child care providers regarding the early neurological 

development of children; and 

‘‘(H) connecting child care staff members of child care 

providers with available Federal and State financial aid, 

or other resources, that would assist child care staff members in pursuing relevant postsecondary training. 

‘‘(2) Improving upon the development or implementation 

of the early learning and developmental guidelines described 

in section 658E(c)(2)(T) by providing technical assistance to 

eligible child care providers that enhances the cognitive, physical, social and emotional development, including early childhood development, of participating preschool and school-aged 

children and supports their overall well-being. 

‘‘(3) Developing, implementing, or enhancing a tiered 

quality rating system for child care providers and services, 

which may— 

‘‘(A) support and assess the quality of child care providers in the State; 

‘‘(B) build on State licensing standards and other State 

regulatory standards for such providers; 

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

types of child care providers and services; 

‘‘(D) describe the safety of child care facilities; 

‘‘(E) build the capacity of State early childhood programs and communities to promote parents’ and families’ 
S. 1086—19 

understanding of the State’s early childhood system and 

the ratings of the programs in which the child is enrolled; 

‘‘(F) provide, to the maximum extent practicable, financial incentives and other supports designed to expand the 

full diversity of child care options and help child care 

providers improve the quality of services; and 

‘‘(G) accommodate a variety of distinctive approaches 

to early childhood education and care, including but not 

limited to, those practiced in faith-based settings, community-based settings, child-centered settings, or similar settings that offer a distinctive approach to early childhood 

development. 

‘‘(4) Improving the supply and quality of child care programs and services for infants and toddlers through activities, 

which may include— 

‘‘(A) establishing or expanding high-quality community 

or neighborhood-based family and child development centers, which may serve as resources to child care providers 

in order to improve the quality of early childhood services 

provided to infants and toddlers from low-income families 

and to help eligible child care providers improve their 

capacity to offer high-quality, age-appropriate care to 

infants and toddlers from low-income families; 

‘‘(B) establishing or expanding the operation of community or neighborhood-based family child care networks; 

‘‘(C) promoting and expanding child care providers’ 

ability to provide developmentally appropriate services for 

infants and toddlers through training and professional 

development; coaching and technical assistance on this age 

group’s unique needs from statewide networks of qualified 

infant-toddler specialists; and improved coordination with 

early intervention specialists who provide services for 

infants and toddlers with disabilities under part C of the 

Individuals with Disabilities Education Act (20 U.S.C. 1431 

et seq.); 

‘‘(D) if applicable, developing infant and toddler components within the State’s quality rating system described 

in paragraph (3) for child care providers for infants and 

toddlers, or the development of infant and toddler components in a State’s child care licensing regulations or early 

learning and development guidelines; 

‘‘(E) improving the ability of parents to access transparent and easy to understand consumer information about 

high-quality infant and toddler care; and 

‘‘(F) carrying out other activities determined by the 

State to improve the quality of infant and toddler care 

provided in the State, and for which there is evidence 

that the activities will lead to improved infant and toddler 

health and safety, infant and toddler cognitive and physical 

development, or infant and toddler well-being, including 

providing health and safety training (including training 

in safe sleep practices, first aid, and cardiopulmonary 

resuscitation) for providers and caregivers. 

‘‘(5) Establishing or expanding a statewide system of child 

care resource and referral services. 
S. 1086—20 

‘‘(6) Facilitating compliance with State requirements for 

inspection, monitoring, training, and health and safety, and 

with State licensing standards. 

‘‘(7) Evaluating and assessing the quality and effectiveness 

of child care programs and services offered in the State, 

including evaluating how such programs positively impact children. 

‘‘(8) Supporting child care providers in the voluntary pursuit of accreditation by a national accrediting body with demonstrated, valid, and reliable program standards of high quality. 

‘‘(9) Supporting State or local efforts to develop or adopt 

high-quality program standards relating to health, mental 

health, nutrition, physical activity, and physical development. 

‘‘(10) Carrying out other activities determined by the State 

to improve the quality of child care services provided in the 

State, and for which measurement of outcomes relating to 

improved provider preparedness, child safety, child well-being, 

or entry to kindergarten is possible. 

‘‘(c) CERTIFICATION.—Beginning with fiscal year 2016, at the 

beginning of each fiscal year, the State shall annually submit to 

the Secretary a certification containing an assurance that the State 

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

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

this subchapter to comply with subsection (a) during that preceding 

fiscal year. 

‘‘(d) REPORTING REQUIREMENTS.—Each State receiving funds 

under this subchapter shall prepare and submit an annual report 

to the Secretary, which shall include information about— 

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

(a); 

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

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

State’s progress in improving the quality of child care programs 

and services in the State. 

‘‘(e) TECHNICAL ASSISTANCE.—The Secretary shall offer technical assistance, in accordance with section 658I(a)(3), which may 

include technical assistance through the use of grants or cooperative 

agreements, to States for the activities described in subsection 

(b) at the request of the State. 

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

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

or place conditions (outside of what is required by this subchapter) 

on a State adopting specific State child care quality activities or 

progress in implementing those activities.’’. 

SEC. 7. CRIMINAL BACKGROUND CHECKS. 

The Child Care and Development Block Grant Act of 1990 

(42 U.S.C. 9858 et seq.) is amended by inserting after section 

658G the following: 

‘‘SEC. 658H. 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 
S. 1086—21 

‘‘(2) licensing, regulation, and registration requirements, 

as applicable, that prohibit the employment of child care staff 

members as described in subsection (c). 

‘‘(b) REQUIREMENTS.—A criminal background check for a child 

care staff member under subsection (a) shall include— 

‘‘(1) a search of the State criminal and sex offender registry 

or repository in the State where the child care staff member 

resides, and each State where such staff member resided during 

the preceding 5 years; 

‘‘(2) a search of State-based child abuse and neglect registries and databases in the State where the child care staff 

member resides, and each State where such staff member 

resided during the preceding 5 years; 

‘‘(3) a search of the National Crime Information Center; 

‘‘(4) a Federal Bureau of Investigation fingerprint check 

using the Integrated Automated Fingerprint Identification 

System; and 

‘‘(5) a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety 

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

‘‘(c) PROHIBITIONS.— 

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

member shall be ineligible for employment by a child care 

provider that is receiving assistance under this subchapter 

if such individual— 

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

check described in subsection (b); 

‘‘(B) knowingly makes a materially false statement in 

connection with such criminal background check; 

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

a State sex offender registry or repository or the National 

Sex Offender Registry established under the Adam Walsh 

Child Protection and Safety Act of 2006 (42 U.S.C. 16901 

et seq.); or 

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

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

18, United States Code; 

‘‘(ii) child abuse or neglect; 

‘‘(iii) a crime against children, including child 

pornography; 

‘‘(iv) spousal abuse; 

‘‘(v) a crime involving rape or sexual assault; 

‘‘(vi) kidnapping; 

‘‘(vii) arson; 

‘‘(viii) physical assault or battery; or 

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

offense committed during the preceding 5 years; or 

‘‘(E) has been convicted of a violent misdemeanor committed as an adult against a child, including the following 

crimes: child abuse, child endangerment, sexual assault, 

or of a misdemeanor involving child pornography. 

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

described in subsection (i)(1) shall be ineligible for assistance 

provided in accordance with this subchapter if the provider 

employs a staff member who is ineligible for employment under 

paragraph (1). 

‘‘(d) SUBMISSION OF REQUESTS FOR BACKGROUND CHECKS.— 
S. 1086—22 

‘‘(1) IN GENERAL.—A child care provider covered by subsection (c) shall submit a request, to the appropriate State 

agency designated by a State, for a criminal background check 

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

(including prospective child care staff members) of the provider. 

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

of an individual who became a child care staff member before 

the date of enactment of the Child Care and Development 

Block Grant Act of 2014, the provider shall submit such a 

request— 

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

and 

‘‘(B) 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 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 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. 
S. 1086—23 

‘‘(B) INELIGIBLE STAFF MEMBER.—If the child care staff 

member is ineligible for such employment due to the background check, the State will, when providing the results 

of the background check, include information related to 

each disqualifying crime, in a report to the staff member 

or prospective staff member. 

‘‘(C) PUBLIC RELEASE OF RESULTS.—No State shall publicly release or share the results of individual background 

checks, except States may release aggregated data by crime 

as listed under subsection (c)(1)(D) from background check 

results, as long as such data is not personally identifiable 

information. 

‘‘(3) APPEALS.— 

‘‘(A) IN GENERAL.—The State shall provide for a process 

by which a child care staff member (including a prospective 

child care staff member) may appeal the results of a 

criminal background check conducted under this section 

to challenge the accuracy or completeness of the information contained in such member’s criminal background 

report. 

‘‘(B) APPEALS PROCESS.—The State shall ensure that— 

‘‘(i) each child care staff member shall be given 

notice of the opportunity to appeal; 

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

the child care staff member wishes to challenge the 

accuracy or completeness of the information contained 

in such member’s criminal background report; and 

‘‘(iii) the appeals process is completed in a timely 

manner for each child care staff member. 

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

through which the State may determine that a child care staff 

member (including a prospective child care staff member) disqualified for a crime specified in subsection (c)(1)(D)(ix) is 

eligible for employment described in subsection (c)(1), notwithstanding subsection (c). The review process shall be consistent 

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

et seq.). 

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

shall be construed to create a private right of action if a 

provider has acted in accordance with this section. 

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

charge for the costs of processing applications and administering 

a criminal background check as required by this section shall not 

exceed the actual costs to the State for the processing and administration. 

‘‘(g) TRANSPARENCY.—The State must ensure that the policies 

and procedures under section 658H are published on the Web 

site (or otherwise publicly available venue in the absence of a 

Web site) of the State and the Web sites of local lead agencies. 

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

section shall be construed to prevent a State from disqualifying 

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

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

responsibility for the safety and well-being of children. 
S. 1086—24 

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

be construed to alter or otherwise affect the rights and remedies 

provided for child care staff members residing in a State that 

disqualifies individuals as child care staff members for crimes 

not specifically provided for under this section. 

‘‘(i) DEFINITIONS.—In this section— 

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

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

provider of child care services for compensation and on a regular 

basis that— 

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

for whom child care services are provided; and 

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

law or receives assistance provided under this subchapter; 

and 

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

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

whom child care services are provided)— 

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

compensation; or 

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

of children for a child care provider or unsupervised access 

to children who are cared for or supervised by a child 

care provider. 

‘‘(j) EFFECTIVE DATE.— ‘‘(1) IN GENERAL.—A State that receives funds under this 

subchapter shall meet the requirements of this section for the 

provision of criminal background checks for child care staff 

members described in subsection (d)(1) not later than the last 

day of the second full fiscal year after the date of enactment 

of the Child Care and Development Block Grant Act of 2014. 

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

extension of time, of not more than 1 fiscal year, to meet 

the requirements of this section if the State demonstrates a 

good faith effort to comply with the requirements of this section. 

‘‘(3) PENALTY FOR NONCOMPLIANCE.—Except as provided 

in paragraphs (1) and (2), for any fiscal year that a State 

fails to comply substantially with the requirements of this 

section, the Secretary shall withhold 5 percent of the funds 

that would otherwise be allocated to that State in accordance 

with this subchapter for the following fiscal year.’’. 

SEC. 8. REPORTS AND INFORMATION. 

(a) ADMINISTRATION.—Section 658I(a) of the Child Care and 

Development Block Grant Act of 1990 (42 U.S.C. 9858g(a)) is 

amended— 

(1) in paragraph (2)— 

(A) by inserting a comma after ‘‘publish’’; and 

(B) by striking ‘‘and’’ at the end; 

(2) by striking paragraph (3) and inserting the following: 

‘‘(3) provide technical assistance, such as business technical 

assistance, as described in section 658E(c)(2)(V), to States 

(which may include providing assistance on a reimbursable 

basis) which shall be provided by qualified experts on practices 

grounded in scientifically valid research, where appropriate, 

to carry out this subchapter;’’; and 

(3) by adding at the end the following: 
S. 1086—25 

‘‘(4) disseminate, for voluntary informational purposes, 

information on practices that scientifically valid research 

indicates are most successful in improving the quality of programs that receive assistance with this subchapter; and 

‘‘(5) after consultation with the heads of any other Federal 

agencies involved, issue guidance and disseminate information 

on best practices regarding the use of funding combined by 

States as described in section 658E(c)(2)(O)(ii), consistent with 

laws other than this subchapter.’’. 

(b) REQUEST FOR RELIEF.—Section 658I of the Child Care and 

Development Block Grant Act of 1990 (42 U.S.C. 9858g), as 

amended by subsection (a), is further amended by adding at the 

end of the following: 

‘‘(c) REQUEST FOR RELIEF.— 

‘‘(1) IN GENERAL.—The Secretary may waive for a period 

of not more than three years any provision under this subchapter or sanctions imposed upon a State in accordance with 

subsection (b)(2) upon the State’s request for such a waiver 

if the Secretary finds that— 

‘‘(A) the request describes one or more conflicting or 

duplicative requirements preventing the effective delivery 

of child care services to justify a waiver, extraordinary 

circumstances, such as natural disaster or financial crisis, 

or an extended period of time for a State legislature to 

enact legislation to implement the provisions of this subchapter; 

‘‘(B) such circumstances included in the request prevent 

the State from complying with any statutory or regulatory 

requirements of this subchapter; 

‘‘(C) the waiver will, by itself, contribute to or enhance 

the State’s ability to carry out the purposes of this subchapter; and, 

‘‘(D) the waiver will not contribute to inconsistency 

with the objectives of this law. 

‘‘(2) CONTENTS.—Such request shall be provided to the 

Secretary in writing and will— 

‘‘(A) detail each sanction or provision within this subchapter that the State seeks relief from; 

‘‘(B) describe how a waiver from that sanction or provision of this subchapter will, by itself, improve delivery 

of child care services for children in the State; and 

‘‘(C) certify that the health, safety, and well-being of 

children served through assistance received under this subchapter will not be compromised as a result of the waiver. 

‘‘(3) APPROVAL.—Within 90 days after the receipt of a 

State’s request under this subsection, the Secretary shall inform 

the State of approval or disapproval of the request. If the 

plan is disapproved, the Secretary shall, at this time, inform 

the State, the Committee on Education and the Workforce 

of the House of Representatives, and the Committee on Health, 

Education, Labor, and Pensions of the Senate of the reasons 

for the disapproval and give the State the opportunity to amend 

the request. In the case of approval, the Secretary shall, within 

30 days of granting such waiver, notify and submit a report 

to the Committee on Education and the Workforce of the House 

of Representatives and the Committee on Health, Education, 

Labor, and Pensions of the Senate on the circumstances of 
S. 1086—26 

the waiver including each specific sanction or provision waived, 

the reason as given by the State of the need for a waiver, 

and the expected impact of the waiver on children served under 

this program. 

‘‘(4) EXTERNAL CONDITIONS.—The Secretary shall not 

require or impose any new or additional requirements in 

exchange for receipt of a waiver if such requirements are not 

specified in this subchapter. 

‘‘(5) DURATION.—The Secretary may approve a request 

under this subsection for a period not to exceed three years, 

unless a renewal is granted under paragraph (7). 

‘‘(6) TERMINATION.—The Secretary shall terminate approval 

of a request for a waiver authorized under this subsection 

if the Secretary determines, after notice and opportunity for 

a hearing, that the performance of a State granted relief under 

this subsection has been inadequate, or if such relief is no 

longer necessary to achieve its original purposes. 

‘‘(7) RENEWAL.—The Secretary may approve or disapprove 

a request from a State for renewal of an existing waiver under 

this subchapter for a period no longer than one year. A State 

seeking to renew their waiver approval must inform the Secretary of this intent no later than 30 days prior to the expiration 

date of the waiver. The State shall re-certify in its extension 

request the provisions in paragraph (2) of this subchapter, 

and shall also explain the need for additional time of relief 

from such sanction(s) or provisions approved under this law 

as provided in this subchapter. 

‘‘(8) RESTRICTIONS.—Nothing in this subchapter shall be 

construed as providing the Secretary the authority to permit 

States to alter the eligibility requirements for eligible children, 

including work requirements, job training, or educational program participation, that apply to the parents of eligible children 

under this subchapter. Nothing in this subsection shall be 

construed to allow the Secretary to waive anything related 

to his or her authority under this subchapter.’’. 

(c) REPORTS.—Section 658K(a) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)) is amended— 

(1) in paragraph (1)(B)— 

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

(B) in clause (x), by striking the semicolon at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(xi) whether the children receiving assistance 

under this subchapter are homeless children;’’; and 

(2) in paragraph (2)— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘December 31, 1997’’ and all that follows through 

‘‘thereafter’’, and inserting ‘‘1 year after the date of the 

enactment of the Child Care and Development Block Grant 

Act of 2014, and annually thereafter,’’; 

(B) in subparagraph (A), by striking ‘‘section 658P(5)’’ 

and inserting ‘‘section 658P(6)’’; 

(C) in subparagraph (E) by striking the period at the 

end and inserting ‘‘; and’’; and 

(D) by adding at the end the following: 

‘‘(F) the number of child fatalities occurring among 

children while in the care and facility of child care providers 
S. 1086—27 

receiving assistance under this subchapter, listed by type 

of child care provider and indicating whether the providers 

(excluding child care providers described in section 

658P(6)(B)) are licensed or license-exempt.’’. 

(d) REPORT BY SECRETARY.—Section 658L of the Child Care 

and Development Block Grant Act of 1990 (42 U.S.C. 9858j) is 

amended— 

(1) by striking the section heading and inserting the following: 

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

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

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

(3) by striking ‘‘1998’’ and inserting ‘‘2016’’; 

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

through ‘‘of the Senate’’ and inserting ‘‘to the Committee on 

Education and the Workforce of the House of Representatives 

and the Committee on Health, Education, Labor, and Pensions 

of the Senate’’; 

(5) by inserting after ‘‘States.’’ the following: 

‘‘Such report shall contain a determination around whether each 

State that uses amounts provided under this subchapter has complied with the priority for services described in sections 

658E(c)(2)(Q) and 658E(c)(3)(B).’’; and 

(6) by adding at the end the following: 

‘‘(b) NATIONAL TOLL-FREE HOTLINE AND WEB SITE.— 

‘‘(1) IN GENERAL.—The Secretary shall operate, directly or 

through the use of grants or contracts, a national toll-free 

hotline and Web site, to— 

‘‘(A) develop and disseminate publicly available child 

care consumer education information for parents and help 

parents access safe and quality child care services in their 

community, with a range of price options, that best suits 

their family’s needs; and 

‘‘(B) to allow persons to report (anonymously if desired) 

suspected child abuse or neglect, or violations of health 

and safety requirements, by an eligible child care provider 

that receives assistance under this subchapter or a member 

of the provider’s staff. 

‘‘(2) REQUIREMENTS.—The Secretary shall ensure that the 

hotline and Web site meet the following requirements: 

‘‘(A) REFERRAL TO LOCAL CHILD CARE PROVIDERS.—The 

Web site shall be hosted by ‘childcare.gov’. The Web site 

shall enable a child care consumer to enter a zip code 

and obtain a referral to local child care providers described 

in subparagraph (B) within a specified search radius. 

‘‘(B) INFORMATION.—The Web site shall provide to consumers, directly or through linkages to State databases, 

at a minimum— 

‘‘(i) a localized list of all eligible child care providers, differentiating between licensed and licenseexempt 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; 
S. 1086—28 

‘‘(iii) any other provider-specific information about 

compliance with licensing, and health and safety 

requirements to the extent the information is publicly 

available and to the extent practicable; 

‘‘(iv) referrals to local resource and referral 

organizations from which consumers can find more 

information about child care providers; and 

‘‘(v) State information about child care subsidy 

programs and other financial supports available to 

families. 

‘‘(C) NATIONWIDE CAPACITY.—The Web site and hotline 

shall have the capacity to help families in every State 

and community in the Nation. 

‘‘(D) INFORMATION AT ALL HOURS.—The Web site shall 

provide, to parents and families, access to information 

about child care services 24 hours a day. 

‘‘(E) SERVICES IN DIFFERENT LANGUAGES.—The Web site 

and hotline shall ensure the widest possible access to services for families who speak languages other than English. 

‘‘(F) HIGH-QUALITY CONSUMER EDUCATION AND

REFERRAL.—The Web site and hotline shall ensure that 

families have access to easy-to-understand child care consumer education and referral services. 

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

of enactment of the Child Care and Development Block Grant 

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

subchapter, unless such additional data are related to the purposes and scope of this subchapter, and are subject to a notice 

and comment period of no less than 90 days.’’. 

(e) PROTECTION OF INFORMATION.—Section 658K(a)(1) of the 

Child Care and Development Block Grant Act of 1990 (42 U.S.C. 

9858i(a)(1)) is amended by adding at the end the following: 

‘‘(E) PROHIBITION.—Reports submitted to the Secretary 

under subparagraph (C) shall not contain personally identifiable information.’’. 

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

Section 658O of the Child Care and Development Block Grant 

Act of 1990 (42 U.S.C. 9858m) is amended— 

(1) in subsection (a)— 

(A) in paragraph (2)— 

(i) by striking ‘‘The Secretary’’ and inserting the 

following: 

‘‘(A) IN GENERAL.—The Secretary’’; 

(ii) by striking ‘‘1 percent, and not more than 2 

percent,’’ and inserting ‘‘2 percent’’; and 

(iii) by adding at the end the following: 

‘‘(B) LIMITATIONS.—Notwithstanding subparagraph (A), 

the Secretary shall only reserve an amount that is greater 

than 2 percent of the amount appropriated under section 

658B, for payments described in subparagraph (A), for 

a fiscal year (referred to in this subparagraph as the ‘reservation year’) if — 
S. 1086—29 

‘‘(i) the amount appropriated under section 658B 

for the reservation year is greater than the amount 

appropriated under section 658B for fiscal year 2014; 

and 

‘‘(ii) the Secretary ensures that the amount allotted 

to States under subsection (b) for the reservation year 

is not less than the amount allotted to States under 

subsection (b) for fiscal year 2014.’’; and 

(B) by adding at the end the following: 

‘‘(3) NATIONAL TOLL-FREE HOTLINE AND WEB SITE.—The Secretary shall reserve up to $1,500,000 of the amount appropriated under this subchapter for each fiscal year for the operation of a national toll-free hotline and Web site, under section 

658L(b). 

‘‘(4) TECHNICAL ASSISTANCE.—The Secretary shall reserve 

up to 1⁄2 of 1 percent of the amount appropriated under this 

subchapter for each fiscal year to support technical assistance 

and dissemination activities under paragraphs (3) and (4) of 

section 658I(a). 

‘‘(5) RESEARCH, DEMONSTRATION, AND EVALUATION.—The 

Secretary may reserve 1⁄2 of 1 percent of the amount appropriated under this subchapter for each fiscal year to conduct 

research and demonstration activities, as well as periodic 

external, independent evaluations of the impact of the program 

described by this subchapter on increasing access to child care 

services and improving the safety and quality of child care 

services, using scientifically valid research methodologies, and 

to disseminate the key findings of those evaluations widely 

and on a timely basis.’’; and 

(2) in subsection (c)— 

(A) in paragraph (2), by adding at the end the following: 

‘‘(D) LICENSING AND STANDARDS.—In lieu of any 

licensing and regulatory requirements applicable under 

State or local law, the Secretary, in consultation with 

Indian tribes and tribal organizations, shall develop minimum child care standards that shall be applicable to 

Indian tribes and tribal organizations receiving assistance 

under this subchapter. Such standards shall appropriately 

reflect Indian tribe and tribal organization needs and available resources, and shall include standards requiring a 

publicly available application, health and safety standards, 

and standards requiring a reservation of funds for activities 

to improve the quality of child care services provided to 

Indian children.’’; and 

(B) in paragraph (6), by striking subparagraph (C) 

and inserting the following: 

‘‘(C) LIMITATION.— 

‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), the Secretary may not permit an Indian tribe 

or tribal organization to use amounts provided under 

this subsection for construction or renovation if the 

use will result in a decrease in the level of child care 

services provided by the Indian tribe or tribal organization as compared to the level of child care services 

provided by the Indian tribe or tribal organization 

in the fiscal year preceding the year for which the 

determination under subparagraph (B) is being made. 
S. 1086—30 

‘‘(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 
S. 1086—31 

(B) in clause (ii), by striking ‘‘section 658E(c)(2)(F)’’ 

and inserting ‘‘section 658E(c)(2)(I)’’; 

(5) in paragraph (9), as redesignated by paragraph (2), 

by striking ‘‘designated’’ and all that follows and inserting 

‘‘designated or established under section 658D(a).’’; 

(6) in paragraph (10), as redesignated by paragraph (2), 

by inserting ‘‘, foster parent,’’ after ‘‘guardian’’; 

(7) by redesignating paragraphs (11) through (14) as paragraphs (12) through (15), respectively; and 

(8) by inserting after paragraph (10), as redesignated by 

paragraph (2), the following: 

‘‘(11) SCIENTIFICALLY VALID RESEARCH.—The term ‘scientifically valid research’ includes applied research, basic research, 

and field-initiated research, for which the rationale, design, 

and interpretation are soundly developed in accordance with 

principles of scientific research.’’. 

SEC. 11. PARENTAL RIGHTS AND RESPONSIBILITIES. 

Section 658Q of the Child Care and Development Block Grant 

Act of 1990 (42 U.S.C. 9858o) is amended— 

(1) by inserting before ‘‘Nothing’’ the following: 

‘‘(a) IN GENERAL.—’’; and 

(2) by adding at the end the following: 

‘‘(b) PARENTAL RIGHTS TO USE CHILD CARE CERTIFICATES.— 

Nothing in this subchapter shall be construed in a manner— 

‘‘(1) to favor or promote the use of grants and contracts 

for the receipt of child care services under this subchapter 

over the use of child care certificates; or 

‘‘(2) to disfavor or discourage the use of such certificates 

for the purchase of child care services, including those services 

provided by private or nonprofit entities, such as faith-based 

providers.’’. 

SEC. 12. STUDIES ON WAITING LISTS. 

(a) STUDY.—The Comptroller General of the United States shall 

conduct studies to determine, for each State, the number of families 

that— 

(1) are eligible to receive assistance under the Child Care 

and Development Block Grant Act of 1990 (42 U.S.C. 9858 

et seq.); 

(2) have applied for the assistance, identified by the type 

of assistance requested; and 

(3) have been placed on a waiting list for the assistance. 

(b) REPORT.—The Comptroller General shall prepare a report 

containing the results of each study and shall submit the report 

to the Committee on Health, Education, Labor and Pensions of 

the Senate, and the Committee on Education and the Workforce 

of the House of Representatives— 

(1) not later than 2 years after the date of enactment 

of this Act; and 

(2) every 2 years thereafter. 

(c) DEFINITION.—In this section, the term ‘‘State’’ has the 

meaning given the term in section 658P of the Child Care and 

Development Block Grant Act of 1990 (42 U.S.C. 9858n). 
S. 1086—32 

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

(a) IN GENERAL.—The Secretary of Health and Human Services, 

in conjunction with the Secretary of Education, shall conduct an 

interdepartmental review of all early learning and care programs 

for children less than 6 years of age in order to— 

(1) develop a plan for the elimination of overlapping programs, as identified by the Government Accountability Office’s 

2012 annual report (GAO–12–342SP); and 

(2) 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 overlap and fragmentation among all Federal early learning and care programs. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.