[113th Congress Public Law 186]
[From the U.S. Government Printing Office]



[[Page 128 STAT. 1971]]

Public Law 113-186
113th Congress

                                 An Act


 
 To reauthorize and improve the Child Care and Development Block Grant 
   Act of 1990, and for other purposes. <<NOTE: Nov. 19, 2014 -  [S. 
                                1086]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Child Care and 
Development Block Grant Act of 2014. 42 USC 9801 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Care and Development Block 
Grant Act of 2014''.
SEC. <<NOTE: 42 USC 9858 note.>> 2. SHORT TITLE AND PURPOSES.

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

    ``(a) Short Title.--This subchapter may be cited as the `Child Care 
and Development Block Grant Act of 1990'.
    ``(b) Purposes.--The purposes of this subchapter are--
            ``(1) to allow each State maximum flexibility in developing 
        child care programs and policies that best suit the needs of 
        children and parents within that State;
            ``(2) to promote parental choice to empower working parents 
        to make their own decisions regarding the child care services 
        that best suit their family's needs;
            ``(3) to encourage States to provide consumer education 
        information to help parents make informed choices about child 
        care services and to promote involvement by parents and family 
        members in the development of their children in child care 
        settings;
            ``(4) to assist States in delivering high-quality, 
        coordinated early childhood care and education services to 
        maximize parents' options and support parents trying to achieve 
        independence from public assistance;
            ``(5) to assist States in improving the overall quality of 
        child care services and programs by implementing the health, 
        safety, licensing, training, and oversight standards established 
        in this subchapter and in State law (including State 
        regulations);
            ``(6) to improve child care and development of participating 
        children; and
            ``(7) to increase the number and percentage of low-income 
        children in high-quality child care settings.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    Section 658B of the Child Care and Development Block Grant Act of 
1990 (42 U.S.C. 9858) is amended by striking ``subchapter''

[[Page 128 STAT. 1972]]

and all that follows through the period at the end, and inserting 
``subchapter $2,360,000,000 for fiscal year 2015, $2,478,000,000 for 
fiscal year 2016, $2,539,950,000 for fiscal year 2017, $2,603,448,750 
for fiscal year 2018, $2,668,534,969 for fiscal year 2019, and 
$2,748,591,018 for fiscal year 2020.''.
SEC. 4. LEAD AGENCY.

    (a) Designation.--Section 658D(a) of the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858b(a)) is amended--
            (1) by striking ``chief executive officer'' and inserting 
        ``Governor''; and
            (2) by striking ``designate'' and all that follows and 
        inserting ``designate an agency (which may be an appropriate 
        collaborative agency), or establish a joint interagency office, 
        that complies with the requirements of subsection (b) to serve 
        as the lead agency for the State under this subchapter.''.

    (b) Collaboration With Tribes.--Section 658D(b)(1) of the Child Care 
and Development Block Grant Act of 1990 (42 U.S.C. 9858b(b)(1)) is 
amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(E) at the option of an Indian tribe or tribal 
                organization in the State, collaborate and coordinate 
                with such Indian tribe or tribal organization in the 
                development of the State plan in a timely manner.''.
SEC. 5. APPLICATION AND PLAN.

    (a) Period.--Section 658E(b) of the Child Care and Development Block 
Grant Act of 1990 (42 U.S.C. 9858c(b)) is amended by striking ``2-year'' 
and inserting ``3-year''.
    (b) Policies and Procedures.--Section 658E(c) of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended--
            (1) in paragraph (1), by inserting ``or established'' after 
        ``designated'';
            (2) in paragraph (2)--
                    (A) in subparagraph (B), by inserting a comma after 
                ``care of such providers'';
                    (B) by striking subparagraphs (D) through (H); and
                    (C) by adding at the end the following:
                    ``(D) <<NOTE: Certification. Deadline. Public 
                information.>> Monitoring and inspection reports.--The 
                plan shall include a certification that the State, not 
                later than 1 year after the State has in effect the 
                policies and practices described in subparagraph (K)(i), 
                will make public by electronic means, in a consumer-
                friendly and easily accessible format, organized by 
                provider, the results of monitoring and inspection 
                reports, including those due to major substantiated 
                complaints about failure to comply with this subchapter 
                and State child care policies, as well as the number of 
                deaths, serious injuries, and instances of substantiated 
                child abuse that occurred in child care settings each 
                year, for eligible child care providers within the 
                State. The results shall also include information on the 
                date of such an inspection, and, where applicable, 
                information on corrective action taken.

[[Page 128 STAT. 1973]]

                    ``(E) Consumer and provider education information.--
                The plan shall include 
                a <<NOTE: Certification.>> certification that the State 
                will collect and disseminate (which dissemination may be 
                done, except as otherwise specified in this 
                subparagraph, through resource and referral 
                organizations or other means as determined by the State) 
                to parents of eligible children, the general public, 
                and, where applicable, providers--
                          ``(i) information about the availability of 
                      the full diversity of child care services that 
                      will promote informed child care choices and that 
                      concerns--
                                    ``(I) the availability of child care 
                                services provided through programs 
                                authorized by this subchapter and, if 
                                feasible, other child care services and 
                                other programs provided in the State for 
                                which the family may be eligible, as 
                                well as the availability of financial 
                                assistance to obtain child care services 
                                in the State;
                                    ``(II) if available, information 
                                about the quality of providers, as 
                                determined by the State, that can be 
                                provided through a Quality Rating and 
                                Improvement System;
                                    ``(III) information, made available 
                                through a State Web site, describing the 
                                State process for licensing child care 
                                providers, the State processes for 
                                conducting background checks, and 
                                monitoring and inspections, of child 
                                care providers, and the offenses that 
                                prevent individuals and entities from 
                                serving as child care providers in the 
                                State;
                                    ``(IV) other programs for which 
                                families that receive child care 
                                services for which financial assistance 
                                is provided under this subchapter may be 
                                eligible, including the program of block 
                                grants to States for temporary 
                                assistance for needy families 
                                established under part A of title IV of 
                                the Social Security Act (42 U.S.C. 601 
                                et seq.), Head Start and Early Head 
                                Start programs carried out under the 
                                Head Start Act (42 U.S.C. 9831 et seq.), 
                                the program carried out under the Low-
                                Income Home Energy Assistance Act of 
                                1981 (42 U.S.C. 8621 et seq.), the 
                                supplemental nutrition assistance 
                                program established under the Food and 
                                Nutrition Act of 2008 (7 U.S.C. 2011 et 
                                seq.), the special supplemental 
                                nutrition program for women, infants, 
                                and children established under section 
                                17 of the Child Nutrition Act of 1966 
                                (42 U.S.C. 1786), the child and adult 
                                care food program established under 
                                section 17 of the Richard B. Russell 
                                National School Lunch Act (42 U.S.C. 
                                1766), and the Medicaid and State 
                                children's health insurance programs 
                                under titles XIX and XXI of the Social 
                                Security Act (42 U.S.C. 1396 et seq., 
                                1397aa et seq.);
                                    ``(V) programs carried out under 
                                section 619 and part C of the 
                                Individuals with Disabilities Education 
                                Act (20 U.S.C. 1419, 1431 et seq.);
                                    ``(VI) research and best practices 
                                concerning children's development, 
                                including social and emotional 
                                development, early childhood 
                                development,

[[Page 128 STAT. 1974]]

                                and meaningful parent and family 
                                engagement, and physical health and 
                                development (particularly healthy eating 
                                and physical activity); and
                                    ``(VII) the State policies regarding 
                                the social-emotional behavioral health 
                                of young children, which may include 
                                positive behavioral intervention and 
                                support models, and policies on 
                                expulsion of preschool-aged children, in 
                                early childhood programs receiving 
                                assistance under this subchapter; and
                          ``(ii) information on developmental 
                      screenings, including--
                                    ``(I) information on existing (as of 
                                the date of submission of the 
                                application containing the plan) 
                                resources and services the State can 
                                deploy, including the coordinated use of 
                                the Early and Periodic Screening, 
                                Diagnosis, and Treatment program under 
                                the Medicaid program carried out under 
                                title XIX of the Social Security Act (42 
                                U.S.C. 1396 et seq.) and developmental 
                                screening services available under 
                                section 619 and part C of the 
                                Individuals with Disabilities Education 
                                Act (20 U.S.C. 1419, 1431 et seq.), in 
                                conducting developmental screenings and 
                                providing referrals to services, when 
                                appropriate, for children who receive 
                                assistance under this subchapter; and
                                    ``(II) a description of how a family 
                                or eligible child care provider may 
                                utilize the resources and services 
                                described in subclause (I) to obtain 
                                developmental screenings for children 
                                who receive assistance under this 
                                subchapter who may be at risk for 
                                cognitive or other developmental delays, 
                                which may include social, emotional, 
                                physical, or linguistic delays.
                    ``(F) Compliance with state licensing 
                requirements.--
                          ``(i) <<NOTE: Certification.>> In general.--
                      The plan shall include a certification that the 
                      State involved has in effect licensing 
                      requirements applicable to child care services 
                      provided within the State, and provide a detailed 
                      description of such requirements and of how such 
                      requirements are effectively enforced.
                          ``(ii) License exemption.--If the State uses 
                      funds received under this subchapter to support a 
                      child care provider that is exempt from the 
                      corresponding licensing requirements described in 
                      clause (i), the plan shall include a description 
                      stating why such licensing exemption does not 
                      endanger the health, safety, or development of 
                      children who receive services from child care 
                      providers who are exempt from such requirements.
                    ``(G) Training and professional development 
                requirements.--
                          ``(i) In general.--The plan shall describe the 
                      training and professional development requirements 
                      that are in effect within the State designed to 
                      enable child care providers to promote the social, 
                      emotional, physical, and cognitive development of 
                      children and

[[Page 128 STAT. 1975]]

                      to improve the knowledge and skills of the child 
                      care workforce. Such requirements shall be 
                      applicable to child care providers that provide 
                      services for which assistance is provided in 
                      accordance with this subchapter.
                          ``(ii) Requirements.--The plan shall provide 
                      an assurance that such training and professional 
                      development--
                                    ``(I) shall be conducted on an 
                                ongoing basis, provide for a progression 
                                of professional development (which may 
                                include encouraging the pursuit of 
                                postsecondary education), reflect 
                                current research and best practices 
                                relating to the skills necessary for the 
                                child care workforce to meet the 
                                developmental needs of participating 
                                children, and improve the quality of, 
                                and stability within, the child care 
                                workforce;
                                    ``(II) <<NOTE: Consultation.>> shall 
                                be developed in consultation with the 
                                State Advisory Council on Early 
                                Childhood Education and Care (designated 
                                or established pursuant to section 
                                642B(b)(1)(A)(i) of the Head Start Act 
                                (42 U.S.C. 9837b(b)(1)(A)(i))), and may 
                                engage training providers in aligning 
                                training opportunities with the State's 
                                training framework;
                                    ``(III) incorporates knowledge and 
                                application of the State's early 
                                learning and developmental guidelines 
                                (where applicable), the State's health 
                                and safety standards, and incorporates 
                                social-emotional behavior intervention 
                                models, which may include positive 
                                behavior intervention and support 
                                models;
                                    ``(IV) shall be accessible to 
                                providers supported through Indian 
                                tribes or tribal organizations that 
                                receive assistance under this 
                                subchapter; and
                                    ``(V) to the extent practicable, are 
                                appropriate for a population of children 
                                that includes--
                                            ``(aa) different age groups;
                                            ``(bb) English learners;
                                            ``(cc) children with 
                                        disabilities; and
                                            ``(dd) Native Americans, 
                                        including Indians, as the term 
                                        is defined in section 4 of the 
                                        Indian Self-Determination and 
                                        Education Assistance Act (25 
                                        U.S.C. 450b) (including Alaska 
                                        Natives within the meaning of 
                                        that term), and Native Hawaiians 
                                        (as defined in section 7207 of 
                                        the Elementary and Secondary 
                                        Education Act of 1965 (20 U.S.C. 
                                        7517)).
                          ``(iii) Information.--The plan shall include 
                      the number of hours of training required for 
                      eligible providers and caregivers to engage in 
                      annually, as determined by the State.
                          ``(iv) Construction.--The Secretary shall not 
                      require an individual or entity that provides 
                      child care services for which assistance is 
                      provided in accordance with this subchapter to 
                      acquire a credential to provide such services. 
                      Nothing in this section shall be construed to 
                      prohibit a State from requiring a credential.

[[Page 128 STAT. 1976]]

                    ``(H) Child-to-provider ratio standards.--
                          ``(i) Standards.--The plan shall describe 
                      child care standards for child care services for 
                      which assistance is made available in accordance 
                      with this subchapter, appropriate to the type of 
                      child care setting involved, to provide for the 
                      safety and developmental needs of the children 
                      served, that address--
                                    ``(I) group size limits for specific 
                                age populations, as determined by the 
                                State;
                                    ``(II) the appropriate ratio between 
                                the number of children and the number of 
                                providers, in terms of the age of the 
                                children in child care, as determined by 
                                the State; and
                                    ``(III) required qualifications for 
                                such providers, as determined by the 
                                State.
                          ``(ii) Construction.--The Secretary may offer 
                      guidance to States on child-to-provider ratios 
                      described in clause (i) according to setting and 
                      age group, but shall not require that the State 
                      maintain specific group size limits for specific 
                      age populations or child-to-provider ratios for 
                      providers who receive assistance in accordance 
                      with subchapter.
                    ``(I) <<NOTE: Certification.>> Health and safety 
                requirements.--The plan shall include a certification 
                that there are in effect within the State, under State 
                or local law, requirements designed to protect the 
                health and safety of children that are applicable to 
                child care providers that provide services for which 
                assistance is made available in accordance with this 
                subchapter. Such requirements--
                          ``(i) shall relate to matters including health 
                      and safety topics consisting of--
                                    ``(I) the prevention and control of 
                                infectious diseases (including 
                                immunization) and the establishment of a 
                                grace period that allows homeless 
                                children and children in foster care to 
                                receive services under this subchapter 
                                while their families (including foster 
                                families) are taking any necessary 
                                action to comply with immunization and 
                                other health and safety requirements;
                                    ``(II) prevention of sudden infant 
                                death syndrome and use of safe sleeping 
                                practices;
                                    ``(III) the administration of 
                                medication, consistent with standards 
                                for parental consent;
                                    ``(IV) the prevention of and 
                                response to emergencies due to food and 
                                allergic reactions;
                                    ``(V) building and physical premises 
                                safety, including identification of and 
                                protection from hazards that can cause 
                                bodily injury such as electrical 
                                hazards, bodies of water, and vehicular 
                                traffic;
                                    ``(VI) prevention of shaken baby 
                                syndrome and abusive head trauma;
                                    ``(VII) emergency preparedness and 
                                response planning for emergencies 
                                resulting from a natural disaster, or a 
                                man-caused event (such as violence at a 
                                child care facility), within the meaning 
                                of those terms under section 602(a)(1) 
                                of the Robert

[[Page 128 STAT. 1977]]

                                T. Stafford Disaster Relief and 
                                Emergency Assistance Act (42 U.S.C. 
                                5195a(a)(1));
                                    ``(VIII) the handling and storage of 
                                hazardous materials and the appropriate 
                                disposal of biocontaminants;
                                    ``(IX) for providers that offer 
                                transportation, if applicable, 
                                appropriate precautions in transporting 
                                children;
                                    ``(X) first aid and cardiopulmonary 
                                resuscitation; and
                                    ``(XI) minimum health and safety 
                                training, to be completed pre-service or 
                                during an orientation period in addition 
                                to ongoing training, appropriate to the 
                                provider setting involved that addresses 
                                each of the requirements relating to 
                                matters described in subclauses (I) 
                                through (X); and
                          ``(ii) may include requirements relating to 
                      nutrition, access to physical activity, or any 
                      other subject area determined by the State to be 
                      necessary to promote child development or to 
                      protect children's health and safety.
                    ``(J) Compliance with state and local health and 
                safety requirements.--The plan shall include a 
                certification that procedures are in effect to ensure 
                that child care providers within the State, that provide 
                services for which assistance is made available in 
                accordance with this subchapter, comply with all 
                applicable State and local health and safety 
                requirements as described in subparagraph (I).
                    ``(K) Enforcement of licensing and other regulatory 
                requirements.--
                          ``(i) <<NOTE: Deadline.>> Certification.--The 
                      plan shall include a certification that the State, 
                      not later than 2 years after the date of enactment 
                      of the Child Care and Development Block Grant Act 
                      of 2014, shall have in effect policies and 
                      practices, applicable to licensing or regulating 
                      child care providers that provide services for 
                      which assistance is made available in accordance 
                      with this subchapter and the facilities of those 
                      providers, that--
                                    ``(I) ensure that individuals who 
                                are hired as licensing inspectors in the 
                                State are qualified to inspect those 
                                child care providers and facilities and 
                                have received training in related health 
                                and safety requirements, and are trained 
                                in all aspects of the State's licensure 
                                requirements;
                                    ``(II) require licensing inspectors 
                                (or qualified inspectors designated by 
                                the lead agency) of those child care 
                                providers and facilities to perform 
                                inspections, with--
                                            ``(aa) not less than 1 
                                        prelicensure inspection, for 
                                        compliance with health, safety, 
                                        and fire standards, of each such 
                                        child care provider and facility 
                                        in the State; and
                                            ``(bb) not less than 
                                        annually, an inspection (which 
                                        shall be unannounced) of each 
                                        such child care provider and 
                                        facility in the State

[[Page 128 STAT. 1978]]

                                        for compliance with all child 
                                        care licensing standards, which 
                                        shall include an inspection for 
                                        compliance with health, safety, 
                                        and fire standards (inspectors 
                                        may inspect for compliance with 
                                        all 3 standards at the same 
                                        time);
                                    ``(III) require the ratio of 
                                licensing inspectors to such child care 
                                providers and facilities in the State to 
                                be maintained at a level sufficient to 
                                enable the State to conduct inspections 
                                of such child care providers and 
                                facilities on a timely basis in 
                                accordance with Federal, State, and 
                                local law; and
                                    ``(IV) require licensing inspectors 
                                (or qualified inspectors designated by 
                                the lead agency) of child care providers 
                                and facilities to perform an annual 
                                inspection of each license-exempt 
                                provider in the State receiving funds 
                                under this subchapter (unless the 
                                provider is an eligible child care 
                                provider as described in section 
                                658P(6)(B)) for compliance with health, 
                                safety, and fire standards, at a time to 
                                be determined by the State.
                          ``(ii) Construction.--The Secretary may offer 
                      guidance to a State, if requested by the State, on 
                      a research-based minimum standard regarding ratios 
                      described in clause (i)(III) and provide technical 
                      assistance to the State on meeting the minimum 
                      standard within a reasonable time period, but 
                      shall not prescribe a particular ratio.
                    ``(L) Compliance with child abuse reporting 
                requirements.--The plan shall include 
                a <<NOTE: Certification.>> certification that child care 
                providers within the State will comply with the child 
                abuse reporting requirements of section 106(b)(2)(B)(i) 
                of the Child Abuse Prevention and Treatment Act (42 
                U.S.C. 5106a(b)(2)(B)(i)).
                    ``(M) Meeting the needs of certain populations.--The 
                plan shall describe how the State will develop and 
                implement strategies (which may include alternative 
                reimbursement rates to child care providers, the 
                provision of direct contracts or grants to community-
                based organizations, offering child care certificates to 
                parents, or other means determined by the State) to 
                increase the supply and improve the quality of child 
                care services for--
                          ``(i) children in underserved areas;
                          ``(ii) infants and toddlers;
                          ``(iii) children with disabilities, as defined 
                      by the State; and
                          ``(iv) children who receive care during 
                      nontraditional hours.
                    ``(N) Protection for working parents.--
                          ``(i) Minimum period.--
                                    ``(I) 12-month period.--The plan 
                                shall demonstrate that each child who 
                                receives assistance under this 
                                subchapter in the State will be 
                                considered to meet all eligibility 
                                requirements for such assistance and 
                                will receive such assistance, for not 
                                less than 12 months before the State or 
                                designated local entity redetermines the 
                                eligibility of

[[Page 128 STAT. 1979]]

                                the child under this subchapter, 
                                regardless of a temporary change in the 
                                ongoing status of the child's parent as 
                                working or attending a job training or 
                                educational program or a change in 
                                family income for the child's family, if 
                                that family income does not exceed 85 
                                percent of the State median income for a 
                                family of the same size.
                                    ``(II) Fluctuations in earnings.--
                                The plan shall demonstrate how the 
                                State's or designated local entity's 
                                processes for initial determination and 
                                redetermination of such eligibility take 
                                into account irregular fluctuations in 
                                earnings.
                          ``(ii) <<NOTE: Procedures.>> Redetermination 
                      process.--The plan shall describe the procedures 
                      and policies that are in place to ensure that 
                      working parents (especially parents in families 
                      receiving assistance under the program of block 
                      grants to States for temporary assistance for 
                      needy families under part A of title IV of the 
                      Social Security Act (42 U.S.C. 601 et seq.)) are 
                      not required to unduly disrupt their employment in 
                      order to comply with the State's or designated 
                      local entity's requirements for redetermination of 
                      eligibility for assistance provided in accordance 
                      with this subchapter.
                          ``(iii) Period before termination.--At the 
                      option of the State, the plan shall demonstrate 
                      that the State will not terminate assistance 
                      provided to carry out this subchapter based on a 
                      factor consisting of a parent's loss of work or 
                      cessation of attendance at a job training or 
                      educational program for which the family was 
                      receiving the assistance, without continuing the 
                      assistance for a reasonable period of time, of not 
                      less than 3 months, after such loss or cessation 
                      in order for the parent to engage in a job search 
                      and resume work, or resume attendance at a job 
                      training or educational program, as soon as 
                      possible.
                          ``(iv) <<NOTE: Procedures.>> Graduated 
                      phaseout of care.--The plan shall describe the 
                      policies and procedures that are in place to allow 
                      for provision of continued assistance to carry out 
                      this subchapter, at the beginning of a new 
                      eligibility period under clause (i)(I), for 
                      children of parents who are working or attending a 
                      job training or educational program and whose 
                      family income exceeds the State's income limit to 
                      initially qualify for such assistance, if the 
                      family income for the family involved does not 
                      exceed 85 percent of the State median income for a 
                      family of the same size.
                    ``(O) Coordination with other programs.--
                          ``(i) In general.--The plan shall describe how 
                      the State, in order to expand accessibility and 
                      continuity of care, and assist children enrolled 
                      in early childhood programs to receive full-day 
                      services, will efficiently, and to the extent 
                      practicable, coordinate the services supported to 
                      carry out this subchapter with programs operating 
                      at the Federal, State, and local levels for 
                      children in preschool programs, tribal early 
                      childhood programs, and other early childhood 
                      programs, including those serving infants and 
                      toddlers with

[[Page 128 STAT. 1980]]

                      disabilities, homeless children, and children in 
                      foster care.
                          ``(ii) Optional use of combined funds.--If the 
                      State elects to combine funding for the services 
                      supported to carry out this subchapter with 
                      funding for any program described in clause (i), 
                      the plan shall describe how the State will combine 
                      the multiple sets of funding and use the combined 
                      funding.
                          ``(iii) Rule of construction.--Nothing in 
                      clause (i) shall be construed to affect the 
                      priority of children described in clause (i) to 
                      receive full-day prekindergarten or Head Start 
                      program services.
                    ``(P) Public-private partnerships.--The plan shall 
                demonstrate how the State encourages partnerships among 
                State agencies, other public agencies, Indian tribes and 
                tribal organizations, and private entities, including 
                faith-based and community-based organizations, to 
                leverage existing service delivery systems (as of the 
                date of the submission of the application containing the 
                plan) for child care and development services and to 
                increase the supply and quality of child care services 
                for children who are less than 13 years of age, such as 
                by implementing voluntary shared services alliance 
                models.
                    ``(Q) Priority for low-income populations.--The plan 
                shall describe the process the State proposes to use, 
                with respect to investments made to increase access to 
                programs providing high-quality child care and 
                development services, to give priority for those 
                investments to children of families in areas that have 
                significant concentrations of poverty and unemployment 
                and that do not have such programs.
                    ``(R) <<NOTE: Certification.>> Consultation.--The 
                plan shall include a certification that the State has 
                developed the plan in consultation with the State 
                Advisory Council on Early Childhood Education and Care 
                designated or established pursuant to section 
                642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C. 
                9837b(b)(1)(A)(i)).
                    ``(S) Payment practices.--The plan shall include--
                          ``(i) <<NOTE: Certification.>> a certification 
                      that the payment practices of child care providers 
                      in the State that serve children who receive 
                      assistance under this subchapter reflect generally 
                      accepted payment practices of child care providers 
                      in the State that serve children who do not 
                      receive assistance under this subchapter, so as to 
                      provide stability of funding and encourage more 
                      child care providers to serve children who receive 
                      assistance under this subchapter; and
                          ``(ii) an assurance that the State will, to 
                      the extent practicable, implement enrollment and 
                      eligibility policies that support the fixed costs 
                      of providing child care services by delinking 
                      provider reimbursement rates from an eligible 
                      child's occasional absences due to holidays or 
                      unforseen circumstances such as illness.
                    ``(T) Early learning and developmental guidelines.--
                          ``(i) In general.--The plan shall include an 
                      assurance that the State will maintain or 
                      implement early

[[Page 128 STAT. 1981]]

                      learning and developmental guidelines (or develop 
                      such guidelines if the State does not have such 
                      guidelines as of the date of enactment of the 
                      Child Care and Development Block Grant Act of 
                      2014) that are appropriate for children from birth 
                      to kindergarten entry, describing what such 
                      children should know and be able to do, and 
                      covering the essential domains of early childhood 
                      development for use statewide by child care 
                      providers. Such guidelines shall--
                                    ``(I) be research-based, 
                                developmentally appropriate, and aligned 
                                with entry to kindergarten;
                                    ``(II) be implemented in 
                                consultation with the state educational 
                                agency and the State Advisory Council on 
                                Early Childhood Education and Care 
                                (designated or established pursuant to 
                                section 642B(b)(I)(A)(i) of the Head 
                                Start Act (42 U.S.C. 9837b(b)(1)(A)(i)); 
                                and
                                    ``(III) be updated as determined by 
                                the State.
                          ``(ii) Prohibition on use of funds.--The plan 
                      shall include an assurance that funds received by 
                      the State to carry out this subchapter will not be 
                      used to develop or implement an assessment for 
                      children that--
                                    ``(I) will be the sole basis for a 
                                child care provider being determined to 
                                be ineligible to participate in the 
                                program carried out under this 
                                subchapter;
                                    ``(II) will be used as the primary 
                                or sole basis to provide a reward or 
                                sanction for an individual provider;
                                    ``(III) will be used as the primary 
                                or sole method for assessing program 
                                effectiveness; or
                                    ``(IV) will be used to deny children 
                                eligibility to participate in the 
                                program carried out under this 
                                subchapter.
                          ``(iii) Exceptions.--Nothing in this 
                      subchapter shall preclude the State from using a 
                      single assessment as determined by the State for 
                      children for--
                                    ``(I) supporting learning or 
                                improving a classroom environment;
                                    ``(II) targeting professional 
                                development to a provider;
                                    ``(III) determining the need for 
                                health, mental health, disability, 
                                developmental delay, or family support 
                                services;
                                    ``(IV) obtaining information for the 
                                quality improvement process at the State 
                                level; or
                                    ``(V) conducting a program 
                                evaluation for the purposes of providing 
                                program improvement and parent 
                                information.
                          ``(iv) No federal control.--Nothing in this 
                      section shall be construed to authorize an officer 
                      or employee of the Federal Government to--
                                    ``(I) mandate, direct, control, or 
                                place conditions (outside of what is 
                                required by this subchapter) around 
                                adopting a State's early learning

[[Page 128 STAT. 1982]]

                                and developmental guidelines developed 
                                in accordance with this section;
                                    ``(II) establish any criterion that 
                                specifies, defines, prescribes, or 
                                places conditions (outside of what is 
                                required by this subchapter) on a State 
                                adopting standards or measures that a 
                                State uses to establish, implement, or 
                                improve such guidelines, related 
                                accountability systems, or alignment of 
                                such guidelines with education 
                                standards; or
                                    ``(III) require a State to submit 
                                such guidelines for review.
                    ``(U) Disaster preparedness.--
                          ``(i) In general.--The plan shall demonstrate 
                      the manner in which the State will address the 
                      needs of children in child care services provided 
                      through programs authorized under this subchapter, 
                      including the need for safe child care, for the 
                      period before, during, and after a state of 
                      emergency declared by the Governor or a major 
                      disaster or emergency (as such terms are defined 
                      in section 102 of the Robert T. Stafford Disaster 
                      Relief and Emergency Assistance Act (42 U.S.C. 
                      5122)).
                          ``(ii) Statewide child care disaster plan.--
                      Such plan shall include a statewide child care 
                      disaster plan for coordination of activities and 
                      collaboration, in the event of an emergency or 
                      disaster described in clause (i), among the State 
                      agency with jurisdiction over human services, the 
                      agency with jurisdiction over State emergency 
                      planning, the State lead agency, the State agency 
                      with jurisdiction over licensing of child care 
                      providers, the local resource and referral 
                      organizations, the State resource and referral 
                      system, and the State Advisory Council on Early 
                      Childhood Education and Care as provided for under 
                      section 642B(b) of the Head Start Act (42 U.S.C. 
                      9837b(b)).
                          ``(iii) Disaster plan components.--The 
                      components of the disaster plan, for such an 
                      emergency or disaster, shall include--
                                    ``(I) evacuation, relocation, 
                                shelter-in-place, and lock-down 
                                procedures, and procedures for 
                                communication and reunification with 
                                families, continuity of operations, and 
                                accommodation of infants and toddlers, 
                                children with disabilities, and children 
                                with chronic medical conditions;
                                    ``(II) guidelines for the 
                                continuation of child care services in 
                                the period following the emergency or 
                                disaster, which may include the 
                                provision of emergency and temporary 
                                child care services, and temporary 
                                operating standards for child care 
                                providers during that period; and
                                    ``(III) procedures for staff and 
                                volunteer emergency preparedness 
                                training and practice drills.
                    ``(V) Business technical assistance.--The plan shall 
                describe how the State will develop and implement 
                strategies to strengthen the business practices of child 
                care providers to expand the supply, and improve the 
                quality of, child care services.'';

[[Page 128 STAT. 1983]]

            (3) in paragraph (3)--
                    (A) in subparagraph (A), by striking ``as required 
                under'' and inserting ``in accordance with'';
                    (B) in subparagraph (B)--
                          (i) by striking ``The State'' and inserting 
                      the following:
                          ``(i) In general.--The State'';
                          (ii) by striking ``and any other activity that 
                      the State deems appropriate to realize any of the 
                      goals specified in paragraphs (2) through (5) of 
                      section 658A(b)'' and inserting ``activities that 
                      improve access to child care services, including 
                      the use of procedures to permit enrollment (after 
                      an initial eligibility determination) of homeless 
                      children while required documentation is obtained, 
                      training and technical assistance on identifying 
                      and serving homeless children and their families, 
                      and specific outreach to homeless families, and 
                      any other activity that the State determines to be 
                      appropriate to meet the purposes of this 
                      subchapter (which may include an activity 
                      described in clause (ii))''; and
                          (iii) by adding at the end the following:
                          ``(ii) Report by the assistant secretary for 
                      children and families.--
                                    ``(I) <<NOTE: Determination.>> In 
                                general.--Not later than September 30 of 
                                the first full fiscal year after the 
                                date of enactment of the Child Care and 
                                Development Block Grant Act of 2014, and 
                                September 30 of each fiscal year 
                                thereafter, the Secretary (acting 
                                through the Assistant Secretary for 
                                Children and Families of the Department 
                                of Health and Human Services) shall 
                                prepare a report that contains a 
                                determination about whether each State 
                                uses amounts provided to such State for 
                                the fiscal year involved under this 
                                subchapter in accordance with the 
                                priority for services described in 
                                clause (i).
                                    ``(II) Penalty for noncompliance.--
                                For any fiscal year that the report of 
                                the Secretary described in subclause (I) 
                                indicates that a State has failed to 
                                give priority for services in accordance 
                                with clause (i), the Secretary shall--
                                            
                                        ``(aa) <<NOTE: Notification.>> in
                                        form the State that the State 
                                        has until the date that is 6 
                                        months after the Secretary has 
                                        issued such report to fully 
                                        comply with clause (i);
                                            ``(bb) provide the State an 
                                        opportunity to modify the State 
                                        plan of such State, to make the 
                                        plan consistent with the 
                                        requirements of clause (i), and 
                                        resubmit such State plan to the 
                                        Secretary not later than the 
                                        date described in item (aa); and
                                            ``(cc) if the State does not 
                                        fully comply with clause (i) and 
                                        item (bb), by the date described 
                                        in item (aa), withhold 5 percent 
                                        of the funds that would 
                                        otherwise be allocated

[[Page 128 STAT. 1984]]

                                        to that State in accordance with 
                                        this subchapter for the first 
                                        full fiscal year after that 
                                        date.
                                    ``(III) Waiver for extraordinary 
                                circumstances.--
                                Notwithstanding <<NOTE: Determination.>> 
                                subclause (II) the Secretary may grant a 
                                waiver to a State for one year to the 
                                penalty applied in subclause (II) if the 
                                Secretary determines there are 
                                extraordinary circumstances, such as a 
                                natural disaster, that prevent the State 
                                from complying with clause (i). If the 
                                Secretary does grant a waiver to a State 
                                under this section, the Secretary shall, 
                                within 30 days of granting such waiver, 
                                submit a report to the appropriate 
                                congressional committees on the 
                                circumstances of the waiver including 
                                the stated reason from the State on the 
                                need for a waiver, the expected impact 
                                of the waiver on children served under 
                                this program, and any such other 
                                relevant information the Secretary deems 
                                necessary.
                          ``(iii) Child care resource and referral 
                      system.--
                                    ``(I) In general.--A State may use 
                                amounts described in clause (i) to 
                                establish or support a system of local 
                                or regional child care resource and 
                                referral organizations that is 
                                coordinated, to the extent determined 
                                appropriate by the State, by a statewide 
                                public or private nonprofit, community-
                                based or regionally based, lead child 
                                care resource and referral organization.
                                    ``(II) Local or regional 
                                organizations.--The local or regional 
                                child care resource and referral 
                                organizations supported as described in 
                                subclause (I) shall--
                                            ``(aa) provide parents in 
                                        the State with consumer 
                                        education information referred 
                                        to in paragraph (2)(E) (except 
                                        as otherwise provided in that 
                                        paragraph), concerning the full 
                                        range of child care options 
                                        (including faith-based and 
                                        community-based child care 
                                        providers), analyzed by 
                                        provider, including child care 
                                        provided during nontraditional 
                                        hours and through emergency 
                                        child care centers, in their 
                                        political subdivisions or 
                                        regions;
                                            ``(bb) to the extent 
                                        practicable, work directly with 
                                        families who receive assistance 
                                        under this subchapter to offer 
                                        the families support and 
                                        assistance, using information 
                                        described in item (aa), to make 
                                        an informed decision about which 
                                        child care providers they will 
                                        use, in an effort to ensure that 
                                        the families are enrolling their 
                                        children in the most appropriate 
                                        child care setting to suit their 
                                        needs and one that is of high 
                                        quality (as determined by the 
                                        State);
                                            ``(cc) collect data and 
                                        provide information on the 
                                        coordination of services and 
                                        supports,

[[Page 128 STAT. 1985]]

                                        including services under section 
                                        619 and part C of the 
                                        Individuals with Disabilities 
                                        Education Act (20 U.S.C. 1431, 
                                        et seq.), for children with 
                                        disabilities (as defined in 
                                        section 602 of such Act (20 
                                        U.S.C. 1401));
                                            ``(dd) collect data and 
                                        provide information on the 
                                        supply of and demand for child 
                                        care services in political 
                                        subdivisions or regions within 
                                        the State and submit such 
                                        information to the State;
                                            ``(ee) work to establish 
                                        partnerships with public 
                                        agencies and private entities, 
                                        including faith-based and 
                                        community-based child care 
                                        providers, to increase the 
                                        supply and quality of child care 
                                        services in the State; and
                                            ``(ff) as appropriate, 
                                        coordinate their activities with 
                                        the activities of the State lead 
                                        agency and local agencies that 
                                        administer funds made available 
                                        in accordance with this 
                                        subchapter.'';
                    (C) in subparagraph (D)--
                          (i) by striking ``1997 through 2002)'' and 
                      inserting ``2015 through 2020''; and
                          (ii) by striking ``other than families 
                      described in paragraph (2)(H)'' and inserting 
                      ``including or in addition to families with 
                      children described in clause (i), (ii), (iii), or 
                      (iv) of paragraph (2)(M)''; and
                    (D) by adding at the end the following:
                    ``(E) Direct services.--From amounts provided to a 
                State for a fiscal year to carry out this subchapter, 
                the State shall--
                          ``(i) reserve the minimum amount required to 
                      be reserved under section 658G, and the funds for 
                      costs described in subparagraph (C); and
                          ``(ii) from the remainder, use not less than 
                      70 percent to fund direct services (provided by 
                      the State) in accordance with paragraph (2)(A).'';
            (4) by striking paragraph (4) and inserting the following:
            ``(4) Payment rates.--
                    ``(A) <<NOTE: Certification.>> In general.--The 
                State plan shall certify that payment rates for the 
                provision of child care services for which assistance is 
                provided in accordance with this subchapter are 
                sufficient to ensure equal access for eligible children 
                to child care services that are comparable to child care 
                services in the State or substate area involved that are 
                provided to children whose parents are not eligible to 
                receive assistance under this subchapter or to receive 
                child care assistance under any other Federal or State 
                program, and shall provide a summary of the facts relied 
                on by the State to determine that such rates are 
                sufficient to ensure such access.
                    ``(B) Survey.--The State plan shall--
                          ``(i) demonstrate that the State has, after 
                      consulting with the State Advisory Council on 
                      Early Childhood Education and Care designated or 
                      established in section 642B(b)(1)(A)(i) of the 
                      Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)), 
                      local child care program

[[Page 128 STAT. 1986]]

                      administrators, local child care resource and 
                      referral agencies, and other appropriate entities, 
                      developed and conducted (not earlier than 2 years 
                      before the date of the submission of the 
                      application containing the State plan) a 
                      statistically valid and reliable survey of the 
                      market rates for child care services in the State 
                      (that reflects variations in the cost of child 
                      care services by geographic area, type of 
                      provider, and age of child) or an alternative 
                      methodology, such as a cost estimation model, that 
                      has been developed by the State lead agency;
                          ``(ii) <<NOTE: Reports. Deadline. Web 
                      posting.>> demonstrate that the State prepared a 
                      detailed report containing the results of the 
                      State market rates survey or alternative 
                      methodology conducted pursuant to clause (i), and 
                      made the results of the survey or alternative 
                      methodology widely available (not later than 30 
                      days after the completion of such survey or 
                      alternative methodology) through periodic means, 
                      including posting the results on the Internet;
                          ``(iii) describe how the State will set 
                      payment rates for child care services, for which 
                      assistance is provided in accordance with this 
                      subchapter--
                                    ``(I) in accordance with the results 
                                of the market rates survey or 
                                alternative methodology conducted 
                                pursuant to clause (i);
                                    ``(II) taking into consideration the 
                                cost of providing higher quality child 
                                care services than were provided under 
                                this subchapter before the date of 
                                enactment of the Child Care and 
                                Development Block Grant Act of 2014; and
                                    ``(III) without, to the extent 
                                practicable, reducing the number of 
                                families in the State receiving such 
                                assistance to carry out this subchapter, 
                                relative to the number of such families 
                                on the date of enactment of that Act; 
                                and
                          ``(iv) describe how the State will provide for 
                      timely payment for child care services provided 
                      under this subchapter.
                    ``(C) Construction.--
                          ``(i) No private right of action.--Nothing in 
                      this paragraph shall be construed to create a 
                      private right of action if the State acted in 
                      accordance with this paragraph.
                          ``(ii) No prohibition of certain different 
                      rates.--Nothing in this subchapter shall be 
                      construed to prevent a State from differentiating 
                      the payment rates described in subparagraph 
                      (B)(iii) on the basis of such factors as--
                                    ``(I) geographic location of child 
                                care providers (such as location in an 
                                urban or rural area);
                                    ``(II) the age or particular needs 
                                of children (such as the needs of 
                                children with disabilities and children 
                                served by child protective services);
                                    ``(III) whether the providers 
                                provide child care services during 
                                weekend and other nontraditional hours; 
                                or

[[Page 128 STAT. 1987]]

                                    ``(IV) the State's determination 
                                that such differentiated payment rates 
                                may enable a parent to choose high-
                                quality child care that best fits the 
                                parent's needs.''; and
            (5) in paragraph (5), by inserting ``(that is not a barrier 
        to families receiving assistance under this subchapter)'' after 
        ``cost sharing''.

    (c) Technical Amendment.--Section 658F(b)(2) of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858d(b)(2)) is amended 
by striking ``section 658E(c)(2)(F)'' and inserting ``section 
658E(c)(2)(I)''.
SEC. 6. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.

    Section 658G of the Child Care and Development Block Grant Act of 
1990 (42 U.S.C. 9858e) is amended to read as follows:
``SEC. 658G. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.

    ``(a) Reservation.--
            ``(1) Reservation for activities relating to the quality of 
        child care services.--A State that receives funds to carry out 
        this subchapter for a fiscal year referred to in paragraph (2) 
        shall reserve and use a portion of such funds, in accordance 
        with paragraph (2), for activities provided directly, or through 
        grants or contracts with local child care resource and referral 
        organizations or other appropriate entities, that are designed 
        to improve the quality of child care services and increase 
        parental options for, and access to, high-quality child care, 
        and is in alignment with a Statewide assessment of the State's 
        needs to carry out such services and care, provided in 
        accordance with this subchapter.
            ``(2) Amount of reservations.--Such State shall reserve and 
        use--
                    ``(A) to carry out the activities described in 
                paragraph (1), not less than--
                          ``(i) 7 percent of the funds described in 
                      paragraph (1), for the first and second full 
                      fiscal years after the date of enactment of the 
                      Child Care and Development Block Grant Act of 
                      2014;
                          ``(ii) 8 percent of such funds for the third 
                      and fourth full fiscal years after the date of 
                      enactment; and
                          ``(iii) 9 percent of such funds for the fifth 
                      and each succeeding full fiscal year after the 
                      date of enactment; and
                    ``(B) <<NOTE: Deadline. Time period.>> in addition 
                to the funds reserved under subparagraph (A), 3 percent 
                of the funds described in paragraph (1) received not 
                later than the second full fiscal year after the date of 
                enactment and received for each succeeding full fiscal 
                year, to carry out the activities described in paragraph 
                (1) and subsection (b)(4), as such activities relate to 
                the quality of care for infants and toddlers.
            ``(3) State reservation amount.--Nothing in this subsection 
        shall preclude the State from reserving a larger percentage of 
        funds to carry out the activities described in paragraph (1) and 
        subsection (b).

    ``(b) Activities.--Funds reserved under subsection (a) shall be used 
to carry out no fewer than one of the following activities

[[Page 128 STAT. 1988]]

that will improve the quality of child care services provided in the 
State:
            ``(1) Supporting the training and professional development 
        of the child care workforce through activities such as those 
        included under section 658E(c)(2)(G), in addition to--
                    ``(A) offering training and professional development 
                opportunities for child care providers that relate to 
                the use of scientifically-based, developmentally-
                appropriate and age-appropriate strategies to promote 
                the social, emotional, physical, and cognitive 
                development of children, including those related to 
                nutrition and physical activity, and offering 
                specialized training for child care providers caring for 
                those populations prioritized in section 658E(c)(2)(Q), 
                and children with disabilities;
                    ``(B) incorporating the effective use of data to 
                guide program improvement;
                    ``(C) including effective behavior management 
                strategies and training, including positive behavior 
                interventions and support models, that promote positive 
                social and emotional development and reduce challenging 
                behaviors, including reducing expulsions of preschool-
                aged children for such behaviors;
                    ``(E) providing training and outreach on engaging 
                parents and families in culturally and linguistically 
                appropriate ways to expand their knowledge, skills, and 
                capacity to become meaningful partners in supporting 
                their children's positive development;
                    ``(F) providing training corresponding to the 
                nutritional and physical activity needs of children to 
                promote healthy development;
                    ``(G) providing training or professional development 
                for child care providers regarding the early 
                neurological development of children; and
                    ``(H) connecting child care staff members of child 
                care providers with available Federal and State 
                financial aid, or other resources, that would assist 
                child care staff members in pursuing relevant 
                postsecondary training.
            ``(2) Improving upon the development or implementation of 
        the early learning and developmental guidelines described in 
        section 658E(c)(2)(T) by providing technical assistance to 
        eligible child care providers that enhances the cognitive, 
        physical, social and emotional development, including early 
        childhood development, of participating preschool and school-
        aged children and supports their overall well-being.
            ``(3) Developing, implementing, or enhancing a tiered 
        quality rating system for child care providers and services, 
        which may--
                    ``(A) support and assess the quality of child care 
                providers in the State;
                    ``(B) build on State licensing standards and other 
                State regulatory standards for such providers;
                    ``(C) be designed to improve the quality of 
                different types of child care providers and services;
                    ``(D) describe the safety of child care facilities;
                    ``(E) build the capacity of State early childhood 
                programs and communities to promote parents' and 
                families'

[[Page 128 STAT. 1989]]

                understanding of the State's early childhood system and 
                the ratings of the programs in which the child is 
                enrolled;
                    ``(F) provide, to the maximum extent practicable, 
                financial incentives and other supports designed to 
                expand the full diversity of child care options and help 
                child care providers improve the quality of services; 
                and
                    ``(G) accommodate a variety of distinctive 
                approaches to early childhood education and care, 
                including but not limited to, those practiced in faith-
                based settings, community-based settings, child-centered 
                settings, or similar settings that offer a distinctive 
                approach to early childhood development.
            ``(4) Improving the supply and quality of child care 
        programs and services for infants and toddlers through 
        activities, which may include--
                    ``(A) establishing or expanding high-quality 
                community or neighborhood-based family and child 
                development centers, which may serve as resources to 
                child care providers in order to improve the quality of 
                early childhood services provided to infants and 
                toddlers from low-income families and to help eligible 
                child care providers improve their capacity to offer 
                high-quality, age-appropriate care to infants and 
                toddlers from low-income families;
                    ``(B) establishing or expanding the operation of 
                community or neighborhood-based family child care 
                networks;
                    ``(C) promoting and expanding child care providers' 
                ability to provide developmentally appropriate services 
                for infants and toddlers through training and 
                professional development; coaching and technical 
                assistance on this age group's unique needs from 
                statewide networks of qualified infant-toddler 
                specialists; and improved coordination with early 
                intervention specialists who provide services for 
                infants and toddlers with disabilities under part C of 
                the Individuals with Disabilities Education Act (20 
                U.S.C. 1431 et seq.);
                    ``(D) if applicable, developing infant and toddler 
                components within the State's quality rating system 
                described in paragraph (3) for child care providers for 
                infants and toddlers, or the development of infant and 
                toddler components in a State's child care licensing 
                regulations or early learning and development 
                guidelines;
                    ``(E) improving the ability of parents to access 
                transparent and easy to understand consumer information 
                about high-quality infant and toddler care; and
                    ``(F) carrying out other activities determined by 
                the State to improve the quality of infant and toddler 
                care provided in the State, and for which there is 
                evidence that the activities will lead to improved 
                infant and toddler health and safety, infant and toddler 
                cognitive and physical development, or infant and 
                toddler well-being, including providing health and 
                safety training (including training in safe sleep 
                practices, first aid, and cardiopulmonary resuscitation) 
                for providers and caregivers.
            ``(5) Establishing or expanding a statewide system of child 
        care resource and referral services.

[[Page 128 STAT. 1990]]

            ``(6) Facilitating compliance with State requirements for 
        inspection, monitoring, training, and health and safety, and 
        with State licensing standards.
            ``(7) Evaluating and assessing the quality and effectiveness 
        of child care programs and services offered in the State, 
        including evaluating how such programs positively impact 
        children.
            ``(8) Supporting child care providers in the voluntary 
        pursuit of accreditation by a national accrediting body with 
        demonstrated, valid, and reliable program standards of high 
        quality.
            ``(9) Supporting State or local efforts to develop or adopt 
        high-quality program standards relating to health, mental 
        health, nutrition, physical activity, and physical development.
            ``(10) Carrying out other activities determined by the State 
        to improve the quality of child care services provided in the 
        State, and for which measurement of outcomes relating to 
        improved provider preparedness, child safety, child well-being, 
        or entry to kindergarten is possible.

    ``(c) <<NOTE: Effective date. Deadline.>> Certification.--Beginning 
with fiscal year 2016, at the beginning of each fiscal year, the State 
shall annually submit to the Secretary a certification containing an 
assurance that the State was in compliance with subsection (a) during 
the preceding fiscal year and a description of how the State used funds 
received under this subchapter to comply with subsection (a) during that 
preceding fiscal year.

    ``(d) Reporting Requirements.--Each State receiving funds under this 
subchapter shall prepare and submit an annual report to the Secretary, 
which shall include information about--
            ``(1) the amount of funds that are reserved under subsection 
        (a);
            ``(2) the activities carried out under this section; and
            ``(3) the measures that the State will use to evaluate the 
        State's progress in improving the quality of child care programs 
        and services in the State.

    ``(e) Technical Assistance.--The Secretary shall offer technical 
assistance, in accordance with section 658I(a)(3), which may include 
technical assistance through the use of grants or cooperative 
agreements, to States for the activities described in subsection (b) at 
the request of the State.
    ``(f) Construction.--Nothing in this section shall be construed as 
providing the Secretary the authority to regulate, direct, dictate, or 
place conditions (outside of what is required by this subchapter) on a 
State adopting specific State child care quality activities or progress 
in implementing those activities.''.
SEC. 7. CRIMINAL BACKGROUND CHECKS.

    The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 
9858 et seq.) is amended by inserting after section 658G the following:
``SEC. 658H. <<NOTE: 42 USC 9858f.>> CRIMINAL BACKGROUND CHECKS.

    ``(a) In General.--A State that receives funds to carry out this 
subchapter shall have in effect--
            ``(1) <<NOTE: Procedures.>> requirements, policies, and 
        procedures to require and conduct criminal background checks for 
        child care staff members (including prospective child care staff 
        members) of child care providers described in subsection (c)(1); 
        and

[[Page 128 STAT. 1991]]

            ``(2) licensing, regulation, and registration requirements, 
        as applicable, that prohibit the employment of child care staff 
        members as described in subsection (c).

    ``(b) Requirements.--A criminal background check for a child care 
staff member under subsection (a) shall include--
            ``(1) a search of the State criminal and sex offender 
        registry or repository in the State where the child care staff 
        member resides, and each State where such staff member resided 
        during the preceding 5 years;
            ``(2) a search of State-based child abuse and neglect 
        registries and databases in the State where the child care staff 
        member resides, and each State where such staff member resided 
        during the preceding 5 years;
            ``(3) a search of the National Crime Information Center;
            ``(4) a Federal Bureau of Investigation fingerprint check 
        using the Integrated Automated Fingerprint Identification 
        System; and
            ``(5) a search of the National Sex Offender Registry 
        established under the Adam Walsh Child Protection and Safety Act 
        of 2006 (42 U.S.C. 16901 et seq.).

    ``(c) Prohibitions.--
            ``(1) Child care staff members.--A child care staff member 
        shall be ineligible for employment by a child care provider that 
        is receiving assistance under this subchapter if such 
        individual--
                    ``(A) refuses to consent to the criminal background 
                check described in subsection (b);
                    ``(B) knowingly makes a materially false statement 
                in connection with such criminal background check;
                    ``(C) is registered, or is required to be 
                registered, on a State sex offender registry or 
                repository or the National Sex Offender Registry 
                established under the Adam Walsh Child Protection and 
                Safety Act of 2006 (42 U.S.C. 16901 et seq.); or
                    ``(D) has been convicted of a felony consisting of--
                          ``(i) murder, as described in section 1111 of 
                      title 18, United States Code;
                          ``(ii) child abuse or neglect;
                          ``(iii) a crime against children, including 
                      child pornography;
                          ``(iv) spousal abuse;
                          ``(v) a crime involving rape or sexual 
                      assault;
                          ``(vi) kidnapping;
                          ``(vii) arson;
                          ``(viii) physical assault or battery; or
                          ``(ix) subject to subsection (e)(4), a drug-
                      related offense committed during the preceding 5 
                      years; or
                    ``(E) has been convicted of a violent misdemeanor 
                committed as an adult against a child, including the 
                following crimes: child abuse, child endangerment, 
                sexual assault, or of a misdemeanor involving child 
                pornography.
            ``(2) Child care providers.--A child care provider described 
        in subsection (i)(1) shall be ineligible for assistance provided 
        in accordance with this subchapter if the provider employs a 
        staff member who is ineligible for employment under paragraph 
        (1).

    ``(d) Submission of Requests for Background Checks.--

[[Page 128 STAT. 1992]]

            ``(1) In general.--A child care provider covered by 
        subsection (c) shall submit a request, to the appropriate State 
        agency designated by a State, for a criminal background check 
        described in subsection (b), for each child care staff member 
        (including prospective child care staff members) of the 
        provider.
            ``(2) Staff members.--Subject to paragraph (4), in the case 
        of an individual who became a child care staff member before the 
        date of enactment of the Child Care and Development Block Grant 
        Act of 2014, the provider shall submit such a request--
                    ``(A) prior to the last day described in subsection 
                (j)(1); and
                    ``(B) <<NOTE: Time period.>> not less often than 
                once during each 5-year period following the first 
                submission date under this paragraph for that staff 
                member.
            ``(3) Prospective staff members.--Subject to paragraph (4), 
        in the case of an individual who is a prospective child care 
        staff member on or after that date of enactment, the provider 
        shall submit such a request--
                    ``(A) prior to the date the individual becomes a 
                child care staff member of the provider; and
                    ``(B) <<NOTE: Time period.>> not less than once 
                during each 5-year period following the first submission 
                date under this paragraph for that staff member.
            ``(4) Background check for another child care provider.--A 
        child care provider shall not be required to submit a request 
        under paragraph (2) or (3) for a child care staff member if--
                    ``(A) the staff member received a background check 
                described in subsection (b)--
                          ``(i) <<NOTE: Time period.>> within 5 years 
                      before the latest date on which such a submission 
                      may be made; and
                          ``(ii) while employed by or seeking employment 
                      by another child care provider within the State;
                    ``(B) the State provided to the first provider a 
                qualifying background check result, consistent with this 
                subchapter, for the staff member; and
                    ``(C) <<NOTE: Time period.>> the staff member is 
                employed by a child care provider within the State, or 
                has been separated from employment from a child care 
                provider within the State for a period of not more than 
                180 consecutive days.

    ``(e) Background Check Results and Appeals.--
            ``(1) <<NOTE: Time period.>> Background check results.--The 
        State shall carry out the request of a child care provider for a 
        criminal background check as expeditiously as possible, but not 
        to exceed 45 days after the date on which such request was 
        submitted, and shall provide the results of the criminal 
        background check to such provider and to the current or 
        prospective staff member.
            ``(2) Privacy.--
                    ``(A) In general.--The State shall provide the 
                results of the criminal background check to the provider 
                in a statement that indicates whether a child care staff 
                member (including a prospective child care staff member) 
                is eligible or ineligible for employment described in 
                subsection (c), without revealing any disqualifying 
                crime or other related information regarding the 
                individual.

[[Page 128 STAT. 1993]]

                    ``(B) Ineligible staff member.--If the child care 
                staff member is ineligible for such employment due to 
                the background check, the State will, when providing the 
                results of the background check, include information 
                related to each disqualifying crime, in a report to the 
                staff member or prospective staff member.
                    ``(C) Public release of results.--No State shall 
                publicly release or share the results of individual 
                background checks, except States may release aggregated 
                data by crime as listed under subsection (c)(1)(D) from 
                background check results, as long as such data is not 
                personally identifiable information.
            ``(3) Appeals.--
                    ``(A) In general.--The State shall provide for a 
                process by which a child care staff member (including a 
                prospective child care staff member) may appeal the 
                results of a criminal background check conducted under 
                this section to challenge the accuracy or completeness 
                of the information contained in such member's criminal 
                background report.
                    ``(B) Appeals process.--The State shall ensure 
                that--
                          ``(i) each child care staff member shall be 
                      given notice of the opportunity to appeal;
                          ``(ii) a child care staff member will receive 
                      instructions about how to complete the appeals 
                      process if the child care staff member wishes to 
                      challenge the accuracy or completeness of the 
                      information contained in such member's criminal 
                      background report; and
                          ``(iii) the appeals process is completed in a 
                      timely manner for each child care staff member.
            ``(4) Review.--The State may allow for a review process 
        through which the State may determine that a child care staff 
        member (including a prospective child care staff member) 
        disqualified for a crime specified in subsection (c)(1)(D)(ix) 
        is eligible for employment described in subsection (c)(1), 
        notwithstanding subsection (c). The review process shall be 
        consistent with title VII of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e et seq.).
            ``(5) No private right of action.--Nothing in this section 
        shall be construed to create a private right of action if a 
        provider has acted in accordance with this section.

    ``(f) Fees for Background Checks.--Fees that a State may charge for 
the costs of processing applications and administering a criminal 
background check as required by this section shall not exceed the actual 
costs to the State for the processing and administration.
    ``(g) <<NOTE: Web posting. Public information.>> Transparency.--The 
State must ensure that the policies and procedures under section 658H 
are published on the Web site (or otherwise publicly available venue in 
the absence of a Web site) of the State and the Web sites of local lead 
agencies.

    ``(h) Construction.--
            ``(1) Disqualification for other crimes.--Nothing in this 
        section shall be construed to prevent a State from disqualifying 
        individuals as child care staff members based on their 
        conviction for crimes not specifically listed in this section 
        that bear upon the fitness of an individual to provide care for 
        and have responsibility for the safety and well-being of 
        children.

[[Page 128 STAT. 1994]]

            ``(2) Rights and remedies.--Nothing in this section shall be 
        construed to alter or otherwise affect the rights and remedies 
        provided for child care staff members residing in a State that 
        disqualifies individuals as child care staff members for crimes 
        not specifically provided for under this section.

    ``(i) Definitions.--In this section--
            ``(1) the term `child care provider' means a center-based 
        child care provider, a family child care provider, or another 
        provider of child care services for compensation and on a 
        regular basis that--
                    ``(A) is not an individual who is related to all 
                children for whom child care services are provided; and
                    ``(B) is licensed, regulated, or registered under 
                State law or receives assistance provided under this 
                subchapter; and
            ``(2) the term `child care staff member' means an individual 
        (other than an individual who is related to all children for 
        whom child care services are provided)--
                    ``(A) who is employed by a child care provider for 
                compensation; or
                    ``(B) whose activities involve the care or 
                supervision of children for a child care provider or 
                unsupervised access to children who are cared for or 
                supervised by a child care provider.

    ``(j) Effective Date.--
            ``(1) <<NOTE: Deadline. Time period.>> In general.--A State 
        that receives funds under this subchapter shall meet the 
        requirements of this section for the provision of criminal 
        background checks for child care staff members described in 
        subsection (d)(1) not later than the last day of the second full 
        fiscal year after the date of enactment of the Child Care and 
        Development Block Grant Act of 2014.
            ``(2) Extension.--The Secretary may grant a State an 
        extension of time, of not more than 1 fiscal year, to meet the 
        requirements of this section if the State demonstrates a good 
        faith effort to comply with the requirements of this section.
            ``(3) Penalty for noncompliance.--Except as provided in 
        paragraphs (1) and (2), for any fiscal year that a State fails 
        to comply substantially with the requirements of this section, 
        the Secretary shall withhold 5 percent of the funds that would 
        otherwise be allocated to that State in accordance with this 
        subchapter for the following fiscal year.''.
SEC. 8. REPORTS AND INFORMATION.

    (a) Administration.--Section 658I(a) of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858g(a)) is amended--
            (1) in paragraph (2)--
                    (A) by inserting a comma after ``publish''; and
                    (B) by striking ``and'' at the end;
            (2) by striking paragraph (3) and inserting the following:
            ``(3) provide technical assistance, such as business 
        technical assistance, as described in section 658E(c)(2)(V), to 
        States (which may include providing assistance on a reimbursable 
        basis) which shall be provided by qualified experts on practices 
        grounded in scientifically valid research, where appropriate, to 
        carry out this subchapter;''; and
            (3) by adding at the end the following:

[[Page 128 STAT. 1995]]

            ``(4) disseminate, for voluntary informational purposes, 
        information on practices that scientifically valid research 
        indicates are most successful in improving the quality of 
        programs that receive assistance with this subchapter; and
            ``(5) after consultation with the heads of any other Federal 
        agencies involved, issue guidance and disseminate information on 
        best practices regarding the use of funding combined by States 
        as described in section 658E(c)(2)(O)(ii), consistent with laws 
        other than this subchapter.''.

    (b) Request For Relief.--Section 658I of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858g), as amended by 
subsection (a), is further amended by adding at the end of the 
following:
    ``(c) Request for Relief.--
            ``(1) <<NOTE: Waiver authority. Time period.>> In general.--
        The Secretary may waive for a period of not more than three 
        years any provision under this subchapter or sanctions imposed 
        upon a State in accordance with subsection (b)(2) upon the 
        State's request for such a waiver if the Secretary finds that--
                    ``(A) the request describes one or more conflicting 
                or duplicative requirements preventing the effective 
                delivery of child care services to justify a waiver, 
                extraordinary circumstances, such as natural disaster or 
                financial crisis, or an extended period of time for a 
                State legislature to enact legislation to implement the 
                provisions of this subchapter;
                    ``(B) such circumstances included in the request 
                prevent the State from complying with any statutory or 
                regulatory requirements of this subchapter;
                    ``(C) the waiver will, by itself, contribute to or 
                enhance the State's ability to carry out the purposes of 
                this subchapter; and,
                    ``(D) the waiver will not contribute to 
                inconsistency with the objectives of this law.
            ``(2) Contents.--Such request shall be provided to the 
        Secretary in writing and will--
                    ``(A) detail each sanction or provision within this 
                subchapter that the State seeks relief from;
                    ``(B) describe how a waiver from that sanction or 
                provision of this subchapter will, by itself, improve 
                delivery of child care services for children in the 
                State; and
                    ``(C) <<NOTE: Certification.>> certify that the 
                health, safety, and well-being of children served 
                through assistance received under this subchapter will 
                not be compromised as a result of the waiver.
            ``(3) <<NOTE: Deadlines. Notifications.>> Approval.--Within 
        90 days after the receipt of a State's request under this 
        subsection, the Secretary shall inform the State of approval or 
        disapproval of the request. If the plan is disapproved, the 
        Secretary shall, at this time, inform the State, the Committee 
        on Education and the Workforce of the House of Representatives, 
        and the Committee on Health, Education, Labor, and Pensions of 
        the Senate of the reasons for the disapproval and give the State 
        the opportunity to amend the request. <<NOTE: Reports.>> In the 
        case of approval, the Secretary shall, within 30 days of 
        granting such waiver, notify and submit a report to the 
        Committee on Education and the Workforce of the House of 
        Representatives and the Committee on Health, Education, Labor, 
        and Pensions of the Senate on the circumstances of

[[Page 128 STAT. 1996]]

        the waiver including each specific sanction or provision waived, 
        the reason as given by the State of the need for a waiver, and 
        the expected impact of the waiver on children served under this 
        program.
            ``(4) External conditions.--The Secretary shall not require 
        or impose any new or additional requirements in exchange for 
        receipt of a waiver if such requirements are not specified in 
        this subchapter.
            ``(5) Duration.--The Secretary may approve a request under 
        this subsection for a period not to exceed three years, unless a 
        renewal is granted under paragraph (7).
            ``(6) <<NOTE: Determination.>> Termination.--The Secretary 
        shall terminate approval of a request for a waiver authorized 
        under this subsection if the Secretary determines, after notice 
        and opportunity for a hearing, that the performance of a State 
        granted relief under this subsection has been inadequate, or if 
        such relief is no longer necessary to achieve its original 
        purposes.
            ``(7) <<NOTE: Time period.>> Renewal.--The Secretary may 
        approve or disapprove a request from a State for renewal of an 
        existing waiver under this subchapter for a period no longer 
        than one year. <<NOTE: Notification. Deadline.>> A State seeking 
        to renew their waiver approval must inform the Secretary of this 
        intent no later than 30 days prior to the expiration date of the 
        waiver. <<NOTE: Certification.>> The State shall re-certify in 
        its extension request the provisions in paragraph (2) of this 
        subchapter, and shall also explain the need for additional time 
        of relief from such sanction(s) or provisions approved under 
        this law as provided in this subchapter.
            ``(8) Restrictions.--Nothing in this subchapter shall be 
        construed as providing the Secretary the authority to permit 
        States to alter the eligibility requirements for eligible 
        children, including work requirements, job training, or 
        educational program participation, that apply to the parents of 
        eligible children under this subchapter. Nothing in this 
        subsection shall be construed to allow the Secretary to waive 
        anything related to his or her authority under this 
        subchapter.''.

    (c) Reports.--Section 658K(a) of the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858i(a)) is amended--
            (1) in paragraph (1)(B)--
                    (A) in clause (ix), by striking ``and'' at the end;
                    (B) in clause (x), by striking the semicolon at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                          ``(xi) whether the children receiving 
                      assistance under this subchapter are homeless 
                      children;''; and
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``December 31, 1997'' and all that follows 
                through ``thereafter'', and inserting ``1 year after the 
                date of the enactment of the Child Care and Development 
                Block Grant Act of 2014, and annually thereafter,'';
                    (B) in subparagraph (A), by striking ``section 
                658P(5)'' and inserting ``section 658P(6)'';
                    (C) in subparagraph (E) by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(F) the number of child fatalities occurring among 
                children while in the care and facility of child care 
                providers

[[Page 128 STAT. 1997]]

                receiving assistance under this subchapter, listed by 
                type of child care provider and indicating whether the 
                providers (excluding child care providers described in 
                section 658P(6)(B)) are licensed or license-exempt.''.

    (d) Report by Secretary.--Section 658L of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended--
            (1) by striking the section heading and inserting the 
        following:
``SEC. 658L. REPORTS, HOTLINE, AND WEB SITE.'';
            (2) by striking ``Not later'' and inserting the following:

    ``(a) Report by Secretary.--Not later'';
            (3) by striking ``1998'' and inserting ``2016'';
            (4) by striking ``to the Committee'' and all that follows 
        through ``of the Senate'' and inserting ``to the Committee on 
        Education and the Workforce of the House of Representatives and 
        the Committee on Health, Education, Labor, and Pensions of the 
        Senate'';
            (5) by inserting after ``States.'' the following:

``Such report shall contain a determination around whether each State 
that uses amounts provided under this subchapter has complied with the 
priority for services described in sections 658E(c)(2)(Q) and 
658E(c)(3)(B).''; and
            (6) by adding at the end the following:

    ``(b) National Toll-Free Hotline and Web Site.--
            ``(1) In general.--The Secretary shall operate, directly or 
        through the use of grants or contracts, a national toll-free 
        hotline and Web site, to--
                    ``(A) develop and disseminate publicly available 
                child care consumer education information for parents 
                and help parents access safe and quality child care 
                services in their community, with a range of price 
                options, that best suits their family's needs; and
                    ``(B) to allow persons to report (anonymously if 
                desired) suspected child abuse or neglect, or violations 
                of health and safety requirements, by an eligible child 
                care provider that receives assistance under this 
                subchapter or a member of the provider's staff.
            ``(2) Requirements.--The Secretary shall ensure that the 
        hotline and Web site meet the following requirements:
                    ``(A) Referral to local child care providers.--The 
                Web site shall be hosted by `childcare.gov'. The Web 
                site shall enable a child care consumer to enter a zip 
                code and obtain a referral to local child care providers 
                described in subparagraph (B) within a specified search 
                radius.
                    ``(B) Information.--The Web site shall provide to 
                consumers, directly or through linkages to State 
                databases, at a minimum--
                          ``(i) a localized list of all eligible child 
                      care providers, differentiating between licensed 
                      and license-exempt providers;
                          ``(ii) <<NOTE: Public information.>> any 
                      provider-specific information from a Quality 
                      Rating and Improvement System or information about 
                      other quality indicators, to the extent the 
                      information is publicly available and to the 
                      extent practicable;

[[Page 128 STAT. 1998]]

                          ``(iii) any other provider-specific 
                      information about compliance with licensing, and 
                      health and safety requirements to the extent the 
                      information is publicly available and to the 
                      extent practicable;
                          ``(iv) referrals to local resource and 
                      referral organizations from which consumers can 
                      find more information about child care providers; 
                      and
                          ``(v) State information about child care 
                      subsidy programs and other financial supports 
                      available to families.
                    ``(C) Nationwide capacity.--The Web site and hotline 
                shall have the capacity to help families in every State 
                and community in the Nation.
                    ``(D) Information at all hours.--The Web site shall 
                provide, to parents and families, access to information 
                about child care services 24 hours a day.
                    ``(E) Services in different languages.--The Web site 
                and hotline shall ensure the widest possible access to 
                services for families who speak languages other than 
                English.
                    ``(F) High-quality consumer education and 
                referral.--The Web site and hotline shall ensure that 
                families have access to easy-to-understand child care 
                consumer education and referral services.
            ``(3) <<NOTE: Time period.>> Prohibition.--Nothing in this 
        subsection shall be construed to allow the Secretary to compel 
        States to provide additional data and information that is 
        currently (as of the date of enactment of the Child Care and 
        Development Block Grant Act of 2014) not publicly available, or 
        is not required by this subchapter, unless such additional data 
        are related to the purposes and scope of this subchapter, and 
        are subject to a notice and comment period of no less than 90 
        days.''.

    (e) Protection of Information.--Section 658K(a)(1) of the Child Care 
and Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)(1)) is 
amended by adding at the end the following:
                    ``(E) Prohibition.--Reports submitted to the 
                Secretary under subparagraph (C) shall not contain 
                personally identifiable information.''.
SEC. 9. RESERVATION FOR TOLL-FREE HOTLINE AND WEB SITE; PAYMENTS 
                    TO BENEFIT INDIAN CHILDREN; TECHNICAL 
                    ASSISTANCE AND EVALUATION.

    Section 658O of the Child Care and Development Block Grant Act of 
1990 (42 U.S.C. 9858m) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                          (i) by striking ``The Secretary'' and 
                      inserting the following:
                    ``(A) In general.--The Secretary'';
                          (ii) by striking ``1 percent, and not more 
                      than 2 percent,'' and inserting ``2 percent''; and
                          (iii) by adding at the end the following:
                    ``(B) Limitations.--Notwithstanding subparagraph 
                (A), the Secretary shall only reserve an amount that is 
                greater than 2 percent of the amount appropriated under 
                section 658B, for payments described in subparagraph 
                (A), for a fiscal year (referred to in this subparagraph 
                as the `reservation year') if --

[[Page 128 STAT. 1999]]

                          ``(i) the amount appropriated under section 
                      658B for the reservation year is greater than the 
                      amount appropriated under section 658B for fiscal 
                      year 2014; and
                          ``(ii) the Secretary ensures that the amount 
                      allotted to States under subsection (b) for the 
                      reservation year is not less than the amount 
                      allotted to States under subsection (b) for fiscal 
                      year 2014.''; and
                    (B) by adding at the end the following:
            ``(3) National toll-free hotline and web site.--The 
        Secretary shall reserve up to $1,500,000 of the amount 
        appropriated under this subchapter for each fiscal year for the 
        operation of a national toll-free hotline and Web site, under 
        section 658L(b).
            ``(4) Technical assistance.--The Secretary shall reserve up 
        to \1/2\ of 1 percent of the amount appropriated under this 
        subchapter for each fiscal year to support technical assistance 
        and dissemination activities under paragraphs (3) and (4) of 
        section 658I(a).
            ``(5) Research, demonstration, and evaluation.--The 
        Secretary may reserve \1/2\ of 1 percent of the amount 
        appropriated under this subchapter for each fiscal year to 
        conduct research and demonstration activities, as well as 
        periodic external, independent evaluations of the impact of the 
        program described by this subchapter on increasing access to 
        child care services and improving the safety and quality of 
        child care services, using scientifically valid research 
        methodologies, and to disseminate the key findings of those 
        evaluations widely and on a timely basis.''; and
            (2) in subsection (c)--
                    (A) in paragraph (2), by adding at the end the 
                following:
                    ``(D) <<NOTE: Consultation.>> Licensing and 
                standards.--In lieu of any licensing and regulatory 
                requirements applicable under State or local law, the 
                Secretary, in consultation with Indian tribes and tribal 
                organizations, shall develop minimum child care 
                standards that shall be applicable to Indian tribes and 
                tribal organizations receiving assistance under this 
                subchapter. Such standards shall appropriately reflect 
                Indian tribe and tribal organization needs and available 
                resources, and shall include standards requiring a 
                publicly available application, health and safety 
                standards, and standards requiring a reservation of 
                funds for activities to improve the quality of child 
                care services provided to Indian children.''; and
                    (B) in paragraph (6), by striking subparagraph (C) 
                and inserting the following:
                    ``(C) Limitation.--
                          ``(i) In general.--Except as provided in 
                      clause (ii), the Secretary may not permit an 
                      Indian tribe or tribal organization to use amounts 
                      provided under this subsection for construction or 
                      renovation if the use will result in a decrease in 
                      the level of child care services provided by the 
                      Indian tribe or tribal organization as compared to 
                      the level of child care services provided by the 
                      Indian tribe or tribal organization in the fiscal 
                      year preceding the year for which the 
                      determination under subparagraph (B) is being 
                      made.

[[Page 128 STAT. 2000]]

                          ``(ii) Waiver.--The Secretary shall waive the 
                      limitation described in clause (i) if--
                                    ``(I) <<NOTE: Determination.>> the 
                                Secretary determines that the decrease 
                                in the level of child care services 
                                provided by the Indian tribe or tribal 
                                organization is temporary; and
                                    ``(II) <<NOTE: Plan.>> the Indian 
                                tribe or tribal organization submits to 
                                the Secretary a plan that demonstrates 
                                that after the date on which the 
                                construction or renovation is 
                                completed--
                                            ``(aa) the level of child 
                                        care services will increase; or
                                            ``(bb) the quality of child 
                                        care services will improve.''.
SEC. 10. DEFINITIONS.

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

[[Page 128 STAT. 2001]]

                    (B) in clause (ii), by striking ``section 
                658E(c)(2)(F)'' and inserting ``section 658E(c)(2)(I)'';
            (5) in paragraph (9), as redesignated by paragraph (2), by 
        striking ``designated'' and all that follows and inserting 
        ``designated or established under section 658D(a).'';
            (6) in paragraph (10), as redesignated by paragraph (2), by 
        inserting ``, foster parent,'' after ``guardian'';
            (7) by redesignating paragraphs (11) through (14) as 
        paragraphs (12) through (15), respectively; and
            (8) by inserting after paragraph (10), as redesignated by 
        paragraph (2), the following:
            ``(11) Scientifically valid research.--The term 
        `scientifically valid research' includes applied research, basic 
        research, and field-initiated research, for which the rationale, 
        design, and interpretation are soundly developed in accordance 
        with principles of scientific research.''.
SEC. 11. PARENTAL RIGHTS AND RESPONSIBILITIES.

    Section 658Q of the Child Care and Development Block Grant Act of 
1990 (42 U.S.C. 9858o) is amended--
            (1) by inserting before ``Nothing'' the following:

    ``(a) In General.--''; and
            (2) by adding at the end the following:

    ``(b) Parental Rights To Use Child Care Certificates.--Nothing in 
this subchapter shall be construed in a manner--
            ``(1) to favor or promote the use of grants and contracts 
        for the receipt of child care services under this subchapter 
        over the use of child care certificates; or
            ``(2) to disfavor or discourage the use of such certificates 
        for the purchase of child care services, including those 
        services provided by private or nonprofit entities, such as 
        faith-based providers.''.
SEC. 12. <<NOTE: 42 USC 9858r.>> STUDIES ON WAITING LISTS.

    (a) Study.--The Comptroller General of the United States shall 
conduct studies to determine, for each State, the number of families 
that--
            (1) are eligible to receive assistance under the Child Care 
        and Development Block Grant Act of 1990 (42 U.S.C. 9858 et 
        seq.);
            (2) have applied for the assistance, identified by the type 
        of assistance requested; and
            (3) have been placed on a waiting list for the assistance.

    (b) Report.--The Comptroller General shall prepare a report 
containing the results of each study and shall submit the report to the 
Committee on Health, Education, Labor and Pensions of the Senate, and 
the Committee on Education and the Workforce of the House of 
Representatives--
            (1) not later than 2 years after the date of enactment of 
        this Act; and
            (2) every 2 years thereafter.

    (c) Definition.--In this section, the term ``State'' has the meaning 
given the term in section 658P of the Child Care and Development Block 
Grant Act of 1990 (42 U.S.C. 9858n).

[[Page 128 STAT. 2002]]

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

    (a) In General.--The Secretary of Health and Human Services, in 
conjunction with the Secretary of Education, shall conduct an 
interdepartmental review of all early learning and care programs for 
children less than 6 years of age in order to--
            (1) <<NOTE: Plan.>> develop a plan for the elimination of 
        overlapping programs, as identified by the Government 
        Accountability Office's 2012 annual report (GAO-12-342SP); and
            (2) <<NOTE: Recommenda- tions.>> make recommendations to 
        Congress for streamlining all such programs.

    (b) <<NOTE: Consultation.>> Report.--Not later than 1 year after the 
date of enactment of this Act, the Secretary of Health and Human 
Services, in consultation with the Secretary of Education and the heads 
of all Federal agencies that administer Federal early learning and care 
programs, shall submit to the Committee on Health, Education, Labor, and 
Pensions of the Senate and the Committee on Education and the Workforce 
of the House of Representatives, a detailed report that outlines the 
efficiencies that can be achieved by, as well as specific 
recommendations for, eliminating overlap and fragmentation among all 
Federal early learning and care programs.

    Approved November 19, 2014.

LEGISLATIVE HISTORY--S. 1086:
---------------------------------------------------------------------------

SENATE REPORTS: No. 113-138 (Comm. on Health, Education, Labor, and 
Pensions).
CONGRESSIONAL RECORD, Vol. 160 (2014):
            Mar. 12, 13, considered and passed Senate.
            Sept. 15, considered and passed House, amended.
            Sept. 18, Nov. 13, 17, Senate considered and concurred in 
                House amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2014):
            Nov. 19, Presidential remarks.

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