#aacth ,,congress #b;d ,session ,in the ,house of ,representatives1 ,u4 ,s41 ,september #ae1 #bjad ,,amendment3 ,that the bill from the ,senate 7,s4 #ajhf7 entitled ,an ,act to reauthorize and improve the ,child ,care and ,development ,block ,grant ,act of #aiij1 and for other purposes41 do pass with the following ,strike out all after the enacting clause and insert3 #a4 ,short title ,this ,act may be cited as the ,child ,care and ,development ,block ,grant ,act of #bjad 4 #b4 ,short title and purposes ,section #feh;,a of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihja note7 is amended to read as follows3 #feh;,a4 ,short title and purposes 7a7 ,short title ,this subchapter may be cited as the ,child ,care and ,development ,block ,grant ,act of #aiij 4 7b7 ,purposes ,the purposes of this subchapter are-- 7#a7 to allow each ,state maximum flexibility in developing child care programs and policies that best suit the needs of children and parents within that ,state2 7#b7 to promote parental choice to empower working parents to make their own decisions regarding the child care services that best suit their family's needs2 7#c7 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 settings2 7#d7 to assist ,states in delivering high-quality1 coordinated early childhood care and education services to maximize parents' options and support parents trying to achieve independence from public assistance2 7#e7 to assist ,states in improving the overall quality of child care services and programs by implementing the health1 safety1 licensing1 training1 and oversight standards established in this subchapter and in ,state law 7including ,state regulations72 7#f7 to improve child care and development of participating children2 and 7#g7 to increase the number and percentage of low-income children in high-quality child care settings4 4 #c4 ,authorization of appropriations ,section #feh;,b of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh7 is amended by striking subchapter and all that follows through the period at the end1 and inserting subchapter #b1cfj1jjj1jjj for fiscal year #bjae1 #b1dgh1jjj1jjj for fiscal year #bjaf1 #b1eci1iej1jjj for fiscal year #bjag1 #b1fjc1ddh1gej for fiscal year #bjah1 #b1ffh1ecd1ifi for fiscal year #bjai1 and #b1gdh1eia1jah for fiscal year #bjbj44 #d4 ,lead agency 7a7 ,designation ,section #feh;,d7a7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;b7a77 is amended-- 7#a7 by striking chief executive officer and inserting ,governor2 and 7#b7 by striking designate and all that follows and inserting designate an agency 7which may be an appropriate collaborative agency71 or establish a joint interagency office1 that complies with the requirements of subsection 7b7 to serve as the lead agency for the ,state under this subchapter44 7b7 ,collaboration with tribes ,section #feh;,d7b77#a7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;b7b77#a77 is amended-- 7#a7 in subparagraph 7,c71 by striking and at the end2 7#b7 in subparagraph 7,d71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7,e7 at the option of an ,indian tribe or tribal organization in the ,state1 collaborate and coordinate with such ,indian tribe or tribal organization in the development of the ,state plan in a timely manner4 4 #e4 ,application and plan 7a7 ,period ,section #feh;,e7b7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;c7b77 is amended by striking #b-year and inserting #c-year4 7b7 ,policies and procedures ,section #feh;,e7c7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;c7c77 is amended-- 7#a7 in paragraph 7#a71 by inserting or established after designated2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,b71 by inserting a comma after care of such providers2 7,b7 by striking subparagraphs 7,d7 through 7,h72 and 7,c7 by adding at the end the following3 7,d7 ,monitoring and inspection reports ,the plan shall include a certification that the ,state1 not later than #a year after the ,state has in effect the policies and practices described in subparagraph 7,k77i71 will make public by electronic means1 in a consumer-friendly and easily accessible format1 organized by provider1 the results of monitoring and inspection reports1 including those due to major substantiated complaints about failure to comply with this subchapter and ,state child care policies1 as well as the number of deaths1 serious injuries1 and instances of substantiated child abuse that occurred in child care settings each year1 for eligible child care providers within the ,state4 ,the results shall also include information on the date of such an inspection1 and1 where applicable1 information on corrective action taken4 7,e7 ,consumer and provider education information ,the plan shall include a certification that the ,state will collect and disseminate 7which dissemination may be done1 except as otherwise specified in this subparagraph1 through resource and referral organizations or other means as determined by the ,state7 to parents of eligible children1 the general public1 and1 where applicable1 providers-- 7i7 information about the availability of the full diversity of child care services that will promote informed child care choices and that concerns-- 7,i7 the availability of child care services provided through programs authorized by this subchapter and1 if feasible1 other child care services and other programs provided in the ,state for which the family may be eligible1 as well as the availability of financial assistance to obtain child care services in the ,state2 7,,ii7 if available1 information about the quality of providers1 as determined by the ,state1 that can be provided through a ,quality ,rating and ,improvement ,system2 7,,iii7 information1 made available through a ,state ,web site1 describing the ,state process for licensing child care providers1 the ,state processes for conducting background checks1 and monitoring and inspections1 of child care providers1 and the offenses that prevent individuals and entities from serving as child care providers in the ,state2 7,,iv7 other programs for which families that receive child care services for which financial assistance is provided under this subchapter may be eligible1 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 7#db ,u4,s4,c4 #fja et seq471 ,head ,start and ,early ,head ,start programs carried out under the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq471 the program carried out under the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfba et seq471 the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq471 the special supplemental nutrition program for women1 infants1 and children established under section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf71 the child and adult care food program established under section #ag of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff71 and the ,medicaid and ,state children's health insurance programs under titles ,,xix and ,,xxi of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq41 #acig;aa et seq472 7,v7 programs carried out under section #fai and part ,c of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adai1 #adca et seq472 7,,vi7 research and best practices concerning children's development1 including social and emotional development1 early childhood development1 and meaningful parent and family engagement1 and physical health and development 7particularly healthy eating and physical activity72 and 7,,vii7 the ,state policies regarding the social-emotional behavioral health of young children1 which may include positive behavioral intervention and support models1 and policies on expulsion of preschool-aged children1 in early childhood programs receiving assistance under this subchapter2 and 7ii7 information on developmental screenings1 including-- 7,i7 information on existing 7as of the date of submission of the application containing the plan7 resources and services the ,state can deploy1 including the coordinated use of the ,early and ,periodic ,screening1 ,diagnosis1 and ,treatment program under the ,medicaid program carried out under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 and developmental screening services available under section #fai and part ,c of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adai1 #adca et seq471 in conducting developmental screenings and providing referrals to services1 when appropriate1 for children who receive assistance under this subchapter2 and 7,,ii7 a description of how a family or eligible child care provider may utilize the resources and services described in subclause 7,i7 to obtain developmental screenings for children who receive assistance under this subchapter who may be at risk for cognitive or other developmental delays1 which may include social1 emotional1 physical1 or linguistic delays4 7,f7 ,compliance with ,state licensing requirements 7i7 ,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 ,state1 and provide a detailed description of such requirements and of how such requirements are effectively enforced4 7ii7 ,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 7i71 the plan shall include a description stating why such licensing exemption does not endanger the health1 safety1 or development of children who receive services from child care providers who are exempt from such requirements4 7,g7 ,training and professional development requirements 7i7 ,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 social1 emotional1 physical1 and cognitive development of children and to improve the knowledge and skills of the child care workforce4 ,such requirements shall be applicable to child care providers that provide services for which assistance is provided in accordance with this subchapter4 7ii7 ,requirements ,the plan shall provide an assurance that such training and professional development-- 7,i7 shall be conducted on an ongoing basis1 provide for a progression of professional development 7which may include encouraging the pursuit of postsecondary education71 reflect current research and best practices relating to the skills necessary for the child care workforce to meet the developmental needs of participating children1 and improve the quality of1 and stability within1 the child care workforce2 7,,ii7 shall be developed in consultation with the ,state ,advisory ,council on ,early ,childhood ,education and ,care 7designated or established pursuant to section #fdb;,b7b77#a77;,a77i7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcg;b7b77#a77;,a77i7771 and may engage training providers in aligning training opportunities with the ,state's training framework2 7,,iii7 incorporates knowledge and application of the ,state's early learning and developmental guidelines 7where applicable71 the ,state's health and safety standards1 and incorporates social-emotional behavior intervention models1 which may include positive behavior intervention and support models2 7,,iv7 shall be accessible to providers supported through ,indian tribes or tribal organizations that receive assistance under this subchapter2 and 7,v7 to the extent practicable1 are appropriate for a population of children that includes-- 7aa7 different age groups2 7bb7 ,english learners2 7cc7 children with disabilities2 and 7dd7 ,native ,americans1 including ,indians1 as the term is defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b7 7including ,alaska ,natives within the meaning of that term71 and ,native ,hawaiians 7as defined in section #gbjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geag774 7iii7 ,information ,the plan shall include the number of hours of training required for eligible providers and caregivers to engage in annually1 as determined by the ,state4 7iv7 ,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 services4 ,nothing in this section shall be construed to prohibit a ,state from requiring a credential4 7,h7 ,child-to-provider ratio standards 7i7 ,standards ,the plan shall describe child care standards for child care services for which assistance is made available in accordance with this subchapter1 appropriate to the type of child care setting involved1 to provide for the safety and developmental needs of the children served1 that address-- 7,i7 group size limits for specific age populations1 as determined by the ,state2 7,,ii7 the appropriate ratio between the number of children and the number of providers1 in terms of the age of the children in child care1 as determined by the ,state2 and 7,,iii7 required qualifications for such providers1 as determined by the ,state4 7ii7 ,construction ,the ,secretary may offer guidance to ,states on child-to-provider ratios described in clause 7i7 according to setting and age group1 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 subchapter4 7,i7 ,health and safety requirements ,the plan shall include a certification that there are in effect within the ,state1 under ,state or local law1 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 subchapter4 ,such requirements-- 7i7 shall relate to matters including health and safety topics consisting of-- 7,i7 the prevention and control of infectious diseases 7including immunization7 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 7including foster families7 are taking any necessary action to comply with immunization and other health and safety requirements2 7,,ii7 prevention of sudden infant death syndrome and use of safe sleeping practices2 7,,iii7 the administration of medication1 consistent with standards for parental consent2 7,,iv7 the prevention of and response to emergencies due to food and allergic reactions2 7,v7 building and physical premises safety1 including identification of and protection from hazards that can cause bodily injury such as electrical hazards1 bodies of water1 and vehicular traffic2 7,,vi7 prevention of shaken baby syndrome and abusive head trauma2 7,,vii7 emergency preparedness and response planning for emergencies resulting from a natural disaster1 or a man-caused event 7such as violence at a child care facility71 within the meaning of those terms under section #fjb7;a77#a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaie;a7a77#a772 7,,viii7 the handling and storage of hazardous materials and the appropriate disposal of biocontaminants2 7,,ix7 for providers that offer transportation1 if applicable1 appropriate precautions in transporting children2 7,x7 first aid and cardiopulmonary resuscitation2 and 7,,xi7 minimum health and safety training1 to be completed pre-service or during an orientation period in addition to ongoing training1 appropriate to the provider setting involved that addresses each of the requirements relating to matters described in subclauses 7,i7 through 7,x72 and 7ii7 may include requirements relating to nutrition1 access to physical activity1 or any other subject area determined by the ,state to be necessary to promote child development or to protect children's health and safety4 7,j7 ,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 ,state1 that provide services for which assistance is made available in accordance with this subchapter1 comply with all applicable ,state and local health and safety requirements as described in subparagraph 7,i74 7,k7 ,enforcement of licensing and other regulatory requirements 7i7 ,certification ,the plan shall include a certification that the ,state1 not later than #b years after the date of enactment of the ,child ,care and ,development ,block ,grant ,act of #bjad1 shall have in effect policies and practices1 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 providers1 that-- 7,i7 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 requirements1 and are trained in all aspects of the ,state's licensure requirements2 7,,ii7 require licensing inspectors 7or qualified inspectors designated by the lead agency7 of those child care providers and facilities to perform inspections1 with-- 7aa7 not less than #a prelicensure inspection1 for compliance with health1 safety1 and fire standards1 of each such child care provider and facility in the ,state2 and 7bb7 not less than annually1 an inspection 7which shall be unannounced7 of each such child care provider and facility in the ,state for compliance with all child care licensing standards1 which shall include an inspection for compliance with health1 safety1 and fire standards 7inspectors may inspect for compliance with all #c standards at the same time72 7,,iii7 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 ,federal1 ,state1 and local law2 and 7,,iv7 require licensing inspectors 7or qualified inspectors designated by the lead agency7 of child care providers and facilities to perform an annual inspection of each license-exempt provider in the ,state receiving funds under this subchapter 7unless the provider is an eligible child care provider as described in section #feh,p7#f77;,b77 for compliance with health1 safety1 and fire standards1 at a time to be determined by the ,state4 7ii7 ,construction ,the ,secretary may offer guidance to a ,state1 if requested by the ,state1 on a research-based minimum standard regarding ratios described in clause 7i77,,iii7 and provide technical assistance to the ,state on meeting the minimum standard within a reasonable time period1 but shall not prescribe a particular ratio4 7,l7 ,compliance with child abuse reporting requirements ,the plan shall include a certification that child care providers within the ,state will comply with the child abuse reporting requirements of section #ajf7;b77#b77;,b77i7 of the ,child ,abuse ,prevention and ,treatment ,act 7#db ,u4,s4,c4 #eajf;a7b77#b77;,b77i774 7,m7 ,meeting the needs of certain populations ,the plan shall describe how the ,state will develop and implement strategies 7which may include alternative reimbursement rates to child care providers1 the provision of direct contracts or grants to community-based organizations1 offering child care certificates to parents1 or other means determined by the ,state7 to increase the supply and improve the quality of child care services for-- 7i7 children in underserved areas2 7ii7 infants and toddlers2 7iii7 children with disabilities1 as defined by the ,state2 and 7iv7 children who receive care during nontraditional hours4 7,n7 ,protection for working parents 7i7 ,minimum period 7,i7 #ab-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 assistance1 for not less than #ab months before the ,state or designated local entity redetermines the eligibility of the child under this subchapter1 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 family1 if that family income does not exceed #he percent of the ,state median income for a family of the same size4 7,,ii7 ,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 earnings4 7ii7 ,redetermination process ,the plan shall describe the procedures and policies that are in place to ensure that working parents 7especially 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 7#db ,u4,s4,c4 #fja et seq477 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 subchapter4 7iii7 ,period before termination ,at the option of the ,state1 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 assistance1 without continuing the assistance for a reasonable period of time1 of not less than #c months1 after such loss or cessation in order for the parent to engage in a job search and resume work1 or resume attendance at a job training or educational program1 as soon as possible4 7iv7 ,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 subchapter1 at the beginning of a new eligibility period under clause 7i77,i71 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 assistance1 if the family income for the family involved does not exceed #he percent of the ,state median income for a family of the same size4 7,o7 ,coordination with other programs 7i7 ,in general ,the plan shall describe how the ,state1 in order to expand accessibility and continuity of care1 and assist children enrolled in early childhood programs to receive full-day services1 will efficiently1 and to the extent practicable1 coordinate the services supported to carry out this subchapter with programs operating at the ,federal1 ,state1 and local levels for children in preschool programs1 tribal early childhood programs1 and other early childhood programs1 including those serving infants and toddlers with disabilities1 homeless children1 and children in foster care4 7ii7 ,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 7i71 the plan shall describe how the ,state will combine the multiple sets of funding and use the combined funding4 7iii7 ,rule of construction ,nothing in clause 7i7 shall be construed to affect the priority of children described in clause 7i7 to receive full-day prekindergarten or ,head ,start program services4 7,p7 ,public-private partnerships ,the plan shall demonstrate how the ,state encourages partnerships among ,state agencies1 other public agencies1 ,indian tribes and tribal organizations1 and private entities1 including faith-based and community-based organizations1 to leverage existing service delivery systems 7as of the date of the submission of the application containing the plan7 for child care and development services and to increase the supply and quality of child care services for children who are less than #ac years of age1 such as by implementing voluntary shared services alliance models4 7,q7 ,priority for low-income populations ,the plan shall describe the process the ,state proposes to use1 with respect to investments made to increase access to programs providing high-quality child care and development services1 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 programs4 7,r7 ,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 #fdb;,b7b77#a77;,a77i7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcg;b7b77#a77;,a77i774 7,s7 ,payment practices ,the plan shall include-- 7i7 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 subchapter1 so as to provide stability of funding and encourage more child care providers to serve children who receive assistance under this subchapter2 and 7ii7 an assurance that the ,state will1 to the extent practicable1 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 illness4 7,t7 ,early learning and developmental guidelines 7i7 ,in general ,the plan shall include an assurance that the ,state will maintain or implement early learning and developmental guidelines 7or 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 #bjad7 that are appropriate for children from birth to kindergarten entry1 describing what such children should know and be able to do1 and covering the essential domains of early childhood development for use statewide by child care providers4 ,such guidelines shall-- 7,i7 be research-based1 developmentally appropriate1 and aligned with entry to kindergarten2 7,,ii7 be implemented in consultation with the state educational agency and the ,state ,advisory ,council on ,early ,childhood ,education and ,care 7designated or established pursuant to section #fdb;,b7b77,i77,a77i7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcg;b7b77#a77;,a77i772 and 7,,iii7 be updated as determined by the ,state4 7ii7 ,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-- 7,i7 will be the sole basis for a child care provider being determined to be ineligible to participate in the program carried out under this subchapter2 7,,ii7 will be used as the primary or sole basis to provide a reward or sanction for an individual provider2 7,,iii7 will be used as the primary or sole method for assessing program effectiveness2 or 7,,iv7 will be used to deny children eligibility to participate in the program carried out under this subchapter4 7iii7 ,exceptions ,nothing in this subchapter shall preclude the ,state from using a single assessment as determined by the ,state for children for-- 7,i7 supporting learning or improving a classroom environment2 7,,ii7 targeting professional development to a provider2 7,,iii7 determining the need for health1 mental health1 disability1 developmental delay1 or family support services2 7,,iv7 obtaining information for the quality improvement process at the ,state level2 or 7,v7 conducting a program evaluation for the purposes of providing program improvement and parent information4 7iv7 ,no federal control ,nothing in this section shall be construed to authorize an officer or employee of the ,federal ,government to-- 7,i7 mandate1 direct1 control1 or place conditions 7outside of what is required by this subchapter7 around adopting a ,state's early learning and developmental guidelines developed in accordance with this section2 7,,ii7 establish any criterion that specifies1 defines1 prescribes1 or places conditions 7outside of what is required by this subchapter7 on a ,state adopting standards or measures that a ,state uses to establish1 implement1 or improve such guidelines1 related accountability systems1 or alignment of such guidelines with education standards2 or 7,,iii7 require a ,state to submit such guidelines for review4 7,u7 ,disaster preparedness 7i7 ,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 subchapter1 including the need for safe child care1 for the period before1 during1 and after a state of emergency declared by the ,governor or a major disaster or emergency 7as such terms are defined in section #ajb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eabb774 7ii7 ,statewide child care disaster plan ,such plan shall include a statewide child care disaster plan for coordination of activities and collaboration1 in the event of an emergency or disaster described in clause 7i71 among the ,state agency with jurisdiction over human services1 the agency with jurisdiction over ,state emergency planning1 the ,state lead agency1 the ,state agency with jurisdiction over licensing of child care providers1 the local resource and referral organizations1 the ,state resource and referral system1 and the ,state ,advisory ,council on ,early ,childhood ,education and ,care as provided for under section #fdb;,b7b7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcg;b7b774 7iii7 ,disaster plan components ,the components of the disaster plan1 for such an emergency or disaster1 shall include-- 7,i7 evacuation1 relocation1 shelter-in-place1 and lock-down procedures1 and procedures for communication and reunification with families1 continuity of operations1 and accommodation of infants and toddlers1 children with disabilities1 and children with chronic medical conditions2 7,,ii7 guidelines for the continuation of child care services in the period following the emergency or disaster1 which may include the provision of emergency and temporary child care services1 and temporary operating standards for child care providers during that period2 and 7,,iii7 procedures for staff and volunteer emergency preparedness training and practice drills4 7,v7 ,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 supply1 and improve the quality of1 child care services4 2 7#c7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a71 by striking as required under and inserting in accordance with2 7,b7 in subparagraph 7,b7-- 7i7 by striking ,the ,state and inserting the following3 7i7 ,in general ,the ,state 2 7ii7 by striking and any other activity that the ,state deems appropriate to realize any of the goals specified in paragraphs 7#b7 through 7#e7 of section #feh;,a7b7 and inserting activities that improve access to child care services1 including the use of procedures to permit enrollment 7after an initial eligibility determination7 of homeless children while required documentation is obtained1 training and technical assistance on identifying and serving homeless children and their families1 and specific outreach to homeless families1 and any other activity that the ,state determines to be appropriate to meet the purposes of this subchapter 7which may include an activity described in clause 7ii772 and 7iii7 by adding at the end the following3 7ii7 ,report by the assistant secretary for children and families 7,i7 ,in general ,not later than ,september #cj of the first full fiscal year after the date of enactment of the ,child ,care and ,development ,block ,grant ,act of #bjad1 and ,september #cj of each fiscal year thereafter1 the ,secretary 7acting through the ,assistant ,secretary for ,children and ,families of the ,department of ,health and ,human ,services7 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 7i74 7,,ii7 ,penalty for noncompliance ,for any fiscal year that the report of the ,secretary described in subclause 7,i7 indicates that a ,state has failed to give priority for services in accordance with clause 7i71 the ,secretary shall-- 7aa7 inform the ,state that the ,state has until the date that is #f months after the ,secretary has issued such report to fully comply with clause 7i72 7bb7 provide the ,state an opportunity to modify the ,state plan of such ,state1 to make the plan consistent with the requirements of clause 7i71 and resubmit such ,state plan to the ,secretary not later than the date described in item 7aa72 and 7cc7 if the ,state does not fully comply with clause 7i7 and item 7bb71 by the date described in item 7aa71 withhold #e percent of the funds that would otherwise be allocated to that ,state in accordance with this subchapter for the first full fiscal year after that date4 7,,iii7 ,waiver for extraordinary circumstances ,notwithstanding subclause 7,,ii7 the ,secretary may grant a waiver to a ,state for one year to the penalty applied in subclause 7,,ii7 if the ,secretary determines there are extraordinary circumstances1 such as a natural disaster1 that prevent the ,state from complying with clause 7i74 ,if the ,secretary does grant a waiver to a ,state under this section1 the ,secretary shall1 within #cj days of granting such waiver1 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 waiver1 the expected impact of the waiver on children served under this program1 and any such other relevant information the ,secretary deems necessary4 7iii7 ,child care resource and referral system 7,i7 ,in general ,a ,state may use amounts described in clause 7i7 to establish or support a system of local or regional child care resource and referral organizations that is coordinated1 to the extent determined appropriate by the ,state1 by a statewide public or private nonprofit1 community-based or regionally based1 lead child care resource and referral organization4 7,,ii7 ,local or regional organizations ,the local or regional child care resource and referral organizations supported as described in subclause 7,i7 shall-- 7aa7 provide parents in the ,state with consumer education information referred to in paragraph 7#b77;,e7 7except as otherwise provided in that paragraph71 concerning the full range of child care options 7including faith-based and community-based child care providers71 analyzed by provider1 including child care provided during nontraditional hours and through emergency child care centers1 in their political subdivisions or regions2 7bb7 to the extent practicable1 work directly with families who receive assistance under this subchapter to offer the families support and assistance1 using information described in item 7aa71 to make an informed decision about which child care providers they will use1 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 7as determined by the ,state72 7cc7 collect data and provide information on the coordination of services and supports1 including services under section #fai and part ,c of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adca1 et seq471 for children with disabilities 7as defined in section #fjb of such ,act 7#bj ,u4,s4,c4 #adja772 7dd7 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 ,state2 7ee7 work to establish partnerships with public agencies and private entities1 including faith-based and community-based child care providers1 to increase the supply and quality of child care services in the ,state2 and 7ff7 as appropriate1 coordinate their activities with the activities of the ,state lead agency and local agencies that administer funds made available in accordance with this subchapter4 2 7,c7 in subparagraph 7,d7-- 7i7 by striking #aiig through #bjjb7 and inserting #bjae through #bjbj2 and 7ii7 by striking other than families described in paragraph 7#b77;,h7 and inserting including or in addition to families with children described in clause 7i71 7ii71 7iii71 or 7iv7 of paragraph 7#b77,m72 and 7,d7 by adding at the end the following3 7,e7 ,direct services ,from amounts provided to a ,state for a fiscal year to carry out this subchapter1 the ,state shall-- 7i7 reserve the minimum amount required to be reserved under section #feh;,g1 and the funds for costs described in subparagraph 7,c72 and 7ii7 from the remainder1 use not less than #gj percent to fund direct services 7provided by the ,state7 in accordance with paragraph 7#b77;,a74 2 7#d7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,payment rates 7,a7 ,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 program1 and shall provide a summary of the facts relied on by the ,state to determine that such rates are sufficient to ensure such access4 7,b7 ,survey ,the ,state plan shall-- 7i7 demonstrate that the ,state has1 after consulting with the ,state ,advisory ,council on ,early ,childhood ,education and ,care designated or established in section #fdb;,b7b77#a77;,a77i7 of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcg;b7b77#a77;,a77i771 local child care program administrators1 local child care resource and referral agencies1 and other appropriate entities1 developed and conducted 7not earlier than #b years before the date of the submission of the application containing the ,state plan7 a statistically valid and reliable survey of the market rates for child care services in the ,state 7that reflects variations in the cost of child care services by geographic area1 type of provider1 and age of child7 or an alternative methodology1 such as a cost estimation model1 that has been developed by the ,state lead agency2 7ii7 demonstrate that the ,state prepared a detailed report containing the results of the ,state market rates survey or alternative methodology conducted pursuant to clause 7i71 and made the results of the survey or alternative methodology widely available 7not later than #cj days after the completion of such survey or alternative methodology7 through periodic means1 including posting the results on the ,internet2 7iii7 describe how the ,state will set payment rates for child care services1 for which assistance is provided in accordance with this subchapter-- 7,i7 in accordance with the results of the market rates survey or alternative methodology conducted pursuant to clause 7i72 7,,ii7 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 #bjad2 and 7,,iii7 without1 to the extent practicable1 reducing the number of families in the ,state receiving such assistance to carry out this subchapter1 relative to the number of such families on the date of enactment of that ,act2 and 7iv7 describe how the ,state will provide for timely payment for child care services provided under this subchapter4 7,c7 ,construction 7i7 ,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 paragraph4 7ii7 ,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 7,b77iii7 on the basis of such factors as-- 7,i7 geographic location of child care providers 7such as location in an urban or rural area72 7,,ii7 the age or particular needs of children 7such as the needs of children with disabilities and children served by child protective services72 7,,iii7 whether the providers provide child care services during weekend and other nontraditional hours2 or 7,,iv7 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 needs4 2 and 7#e7 in paragraph 7#e71 by inserting 7that is not a barrier to families receiving assistance under this subchapter7 after cost sharing4 7c7 ,technical amendment ,section #feh;,f7b77#b7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;d7b77#b77 is amended by striking section #feh;,e7c77#b77;,f7 and inserting section #feh;,e7c77#b77;,i74 #f4 ,activities to improve the quality of child care ,section #feh;,g of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;e7 is amended to read as follows3 #feh;,g4 ,activities to improve the quality of child care 7a7 ,reservation 7#a7 ,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 7#b7 shall reserve and use a portion of such funds1 in accordance with paragraph 7#b71 for activities provided directly1 or through grants or contracts with local child care resource and referral organizations or other appropriate entities1 that are designed to improve the quality of child care services and increase parental options for1 and access to1 high-quality child care1 and is in alignment with a ,statewide assessment of the ,state's needs to carry out such services and care1 provided in accordance with this subchapter4 7#b7 ,amount of reservations ,such ,state shall reserve and use-- 7,a7 to carry out the activities described in paragraph 7#a71 not less than-- 7i7 #g percent of the funds described in paragraph 7#a71 for the first and second full fiscal years after the date of enactment of the ,child ,care and ,development ,block ,grant ,act of #bjad2 7ii7 #h percent of such funds for the third and fourth full fiscal years after the date of enactment2 and 7iii7 #i percent of such funds for the fifth and each succeeding full fiscal year after the date of enactment2 and 7,b7 in addition to the funds reserved under subparagraph 7,a71 #c percent of the funds described in paragraph 7#a7 received not later than the second full fiscal year after the date of enactment and received for each succeeding full fiscal year1 to carry out the activities described in paragraph 7#a7 and subsection 7b77#d71 as such activities relate to the quality of care for infants and toddlers4 7#c7 ,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 7#a7 and subsection 7b74 7b7 ,activities ,funds reserved under subsection 7a7 shall be used to carry out no fewer than one of the following activities that will improve the quality of child care services provided in the ,state3 7#a7 ,supporting the training and professional development of the child care workforce through activities such as those included under section #feh;,e7c77#b77;,g71 in addition to-- 7,a7 offering training and professional development opportunities for child care providers that relate to the use of scientifically-based1 developmentally-appropriate and age-appropriate strategies to promote the social1 emotional1 physical1 and cognitive development of children1 including those related to nutrition and physical activity1 and offering specialized training for child care providers caring for those populations prioritized in section #feh;,e7c77#b77,q71 and children with disabilities2 7,b7 incorporating the effective use of data to guide program improvement2 7,c7 including effective behavior management strategies and training1 including positive behavior interventions and support models1 that promote positive social and emotional development and reduce challenging behaviors1 including reducing expulsions of preschool-aged children for such behaviors2 7,e7 providing training and outreach on engaging parents and families in culturally and linguistically appropriate ways to expand their knowledge1 skills1 and capacity to become meaningful partners in supporting their children's positive development2 7,f7 providing training corresponding to the nutritional and physical activity needs of children to promote healthy development2 7,g7 providing training or professional development for child care providers regarding the early neurological development of children2 and 7,h7 connecting child care staff members of child care providers with available ,federal and ,state financial aid1 or other resources1 that would assist child care staff members in pursuing relevant postsecondary training4 7#b7 ,improving upon the development or implementation of the early learning and developmental guidelines described in section #feh;,e7c77#b77,t7 by providing technical assistance to eligible child care providers that enhances the cognitive1 physical1 social and emotional development1 including early childhood development1 of participating preschool and school-aged children and supports their overall well-being4 7#c7 ,developing1 implementing1 or enhancing a tiered quality rating system for child care providers and services1 which may-- 7,a7 support and assess the quality of child care providers in the ,state2 7,b7 build on ,state licensing standards and other ,state regulatory standards for such providers2 7,c7 be designed to improve the quality of different types of child care providers and services2 7,d7 describe the safety of child care facilities2 7,e7 build the capacity of ,state early childhood programs and communities to promote parents' and families' understanding of the ,state's early childhood system and the ratings of the programs in which the child is enrolled2 7,f7 provide1 to the maximum extent practicable1 financial incentives and other supports designed to expand the full diversity of child care options and help child care providers improve the quality of services2 and 7,g7 accommodate a variety of distinctive approaches to early childhood education and care1 including but not limited to1 those practiced in faith-based settings1 community-based settings1 child-centered settings1 or similar settings that offer a distinctive approach to early childhood development4 7#d7 ,improving the supply and quality of child care programs and services for infants and toddlers through activities1 which may include-- 7,a7 establishing or expanding high-quality community or neighborhood-based family and child development centers1 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-quality1 age-appropriate care to infants and toddlers from low-income families2 7,b7 establishing or expanding the operation of community or neighborhood-based family child care networks2 7,c7 promoting and expanding child care providers' ability to provide developmentally appropriate services for infants and toddlers through training and professional development2 coaching and technical assistance on this age group's unique needs from statewide networks of qualified infant-toddler specialists2 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 7#bj ,u4,s4,c4 #adca et seq472 7,d7 if applicable1 developing infant and toddler components within the ,state's quality rating system described in paragraph 7#c7 for child care providers for infants and toddlers1 or the development of infant and toddler components in a ,state's child care licensing regulations or early learning and development guidelines2 7,e7 improving the ability of parents to access transparent and easy to understand consumer information about high-quality infant and toddler care2 and 7,f7 carrying out other activities determined by the ,state to improve the quality of infant and toddler care provided in the ,state1 and for which there is evidence that the activities will lead to improved infant and toddler health and safety1 infant and toddler cognitive and physical development1 or infant and toddler well-being1 including providing health and safety training 7including training in safe sleep practices1 first aid1 and cardiopulmonary resuscitation7 for providers and caregivers4 7#e7 ,establishing or expanding a statewide system of child care resource and referral services4 7#f7 ,facilitating compliance with ,state requirements for inspection1 monitoring1 training1 and health and safety1 and with ,state licensing standards4 7#g7 ,evaluating and assessing the quality and effectiveness of child care programs and services offered in the ,state1 including evaluating how such programs positively impact children4 7#h7 ,supporting child care providers in the voluntary pursuit of accreditation by a national accrediting body with demonstrated1 valid1 and reliable program standards of high quality4 7#i7 ,supporting ,state or local efforts to develop or adopt high-quality program standards relating to health1 mental health1 nutrition1 physical activity1 and physical development4 7#aj7 ,carrying out other activities determined by the ,state to improve the quality of child care services provided in the ,state1 and for which measurement of outcomes relating to improved provider preparedness1 child safety1 child well-being1 or entry to kindergarten is possible4 7c7 ,certification ,beginning with fiscal year #bjaf1 at the beginning of each fiscal year1 the ,state shall annually submit to the ,secretary a certification containing an assurance that the ,state was in compliance with subsection 7a7 during the preceding fiscal year and a description of how the ,state used funds received under this subchapter to comply with subsection 7a7 during that preceding fiscal year4 7d7 ,reporting ,requirements ,each ,state receiving funds under this subchapter shall prepare and submit an annual report to the ,secretary1 which shall include information about-- 7#a7 the amount of funds that are reserved under subsection 7a72 7#b7 the activities carried out under this section2 and 7#c7 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 ,state4 7e7 ,technical assistance ,the ,secretary shall offer technical assistance1 in accordance with section #feh;,i7a77#c71 which may include technical assistance through the use of grants or cooperative agreements1 to ,states for the activities described in subsection 7b7 at the request of the ,state4 7f7 ,construction ,nothing in this section shall be construed as providing the ,secretary the authority to regulate1 direct1 dictate1 or place conditions 7outside of what is required by this subchapter7 on a ,state adopting specific ,state child care quality activities or progress in implementing those activities4 4 #g4 ,criminal background checks ,the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh et seq47 is amended by inserting after section #feh;,g the following3 #feh;,h4 ,criminal background checks 7a7 ,in general ,a ,state that receives funds to carry out this subchapter shall have in effect-- 7#a7 requirements1 policies1 and procedures to require and conduct criminal background checks for child care staff members 7including prospective child care staff members7 of child care providers described in subsection 7c77#a72 and 7#b7 licensing1 regulation1 and registration requirements1 as applicable1 that prohibit the employment of child care staff members as described in subsection 7c74 7b7 ,requirements ,a criminal background check for a child care staff member under subsection 7a7 shall include-- 7#a7 a search of the ,state criminal and sex offender registry or repository in the ,state where the child care staff member resides1 and each ,state where such staff member resided during the preceding #e years2 7#b7 a search of ,state-based child abuse and neglect registries and databases in the ,state where the child care staff member resides1 and each ,state where such staff member resided during the preceding #e years2 7#c7 a search of the ,national ,crime ,information ,center2 7#d7 a ,federal ,bureau of ,investigation fingerprint check using the ,integrated ,automated ,fingerprint ,identification ,system2 and 7#e7 a search of the ,national ,sex ,offender ,registry established under the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#db ,u4,s4,c4 #afija et seq474 7c7 ,prohibitions 7#a7 ,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-- 7,a7 refuses to consent to the criminal background check described in subsection 7b72 7,b7 knowingly makes a materially false statement in connection with such criminal background check2 7,c7 is registered1 or is required to be registered1 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 #bjjf 7#db ,u4,s4,c4 #afija et seq472 or 7,d7 has been convicted of a felony consisting of-- 7i7 murder1 as described in section #aaaa of title #ah1 ,united ,states ,code2 7ii7 child abuse or neglect2 7iii7 a crime against children1 including child pornography2 7iv7 spousal abuse2 7v7 a crime involving rape or sexual assault2 7vi7 kidnapping2 7vii7 arson2 7viii7 physical assault or battery2 or 7ix7 subject to subsection 7e77#d71 a drug-related offense committed during the preceding #e years2 or 7,e7 has been convicted of a violent misdemeanor committed as an adult against a child1 including the following crimes3 child abuse1 child endangerment1 sexual assault1 or of a misdemeanor involving child pornography4 7#b7 ,child care providers ,a child care provider described in subsection 7i77#a7 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 7#a74 7d7 ,submission of requests for background checks 7#a7 ,in general ,a child care provider covered by subsection 7c7 shall submit a request1 to the appropriate ,state agency designated by a ,state1 for a criminal background check described in subsection 7b71 for each child care staff member 7including prospective child care staff members7 of the provider4 7#b7 ,staff members ,subject to paragraph 7#d71 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 #bjad1 the provider shall submit such a request-- 7,a7 prior to the last day described in subsection 7j77#a72 and 7,b7 not less often than once during each #e-year period following the first submission date under this paragraph for that staff member4 7#c7 ,prospective staff members ,subject to paragraph 7#d71 in the case of an individual who is a prospective child care staff member on or after that date of enactment1 the provider shall submit such a request-- 7,a7 prior to the date the individual becomes a child care staff member of the provider2 and 7,b7 not less than once during each #e-year period following the first submission date under this paragraph for that staff member4 7#d7 ,background check for another child care provider ,a child care provider shall not be required to submit a request under paragraph 7#b7 or 7#c7 for a child care staff member if-- 7,a7 the staff member received a background check described in subsection 7b7-- 7i7 within #e years before the latest date on which such a submission may be made2 and 7ii7 while employed by or seeking employment by another child care provider within the ,state2 7,b7 the ,state provided to the first provider a qualifying background check result1 consistent with this subchapter1 for the staff member2 and 7,c7 the staff member is employed by a child care provider within the ,state1 or has been separated from employment from a child care provider within the ,state for a period of not more than #ahj consecutive days4 7e7 ,background check results and appeals 7#a7 ,background check results ,the ,state shall carry out the request of a child care provider for a criminal background check as expeditiously as possible1 but not to exceed #de days after the date on which such request was submitted1 and shall provide the results of the criminal background check to such provider and to the current or prospective staff member4 7#b7 ,privacy 7,a7 ,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 7including a prospective child care staff member7 is eligible or ineligible for employment described in subsection 7c71 without revealing any disqualifying crime or other related information regarding the individual4 7,b7 ,ineligible staff member ,if the child care staff member is ineligible for such employment due to the background check1 the ,state will1 when providing the results of the background check1 include information related to each disqualifying crime1 in a report to the staff member or prospective staff member4 7,c7 ,public release of results ,no ,state shall publicly release or share the results of individual background checks1 except ,states may release aggregated data by crime as listed under subsection 7c77#a77;,d7 from background check results1 as long as such data is not personally identifiable information4 7#c7 ,appeals 7,a7 ,in ,general ,the ,state shall provide for a process by which a child care staff member 7including a prospective child care staff member7 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 report4 7,b7 ,appeals process ,the ,state shall ensure that-- 7i7 each child care staff member shall be given notice of the opportunity to appeal2 7ii7 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 report2 and 7iii7 the appeals process is completed in a timely manner for each child care staff member4 7#d7 ,review ,the ,state may allow for a review process through which the ,state may determine that a child care staff member 7including a prospective child care staff member7 disqualified for a crime specified in subsection 7c77#a77;,d77ix7 is eligible for employment described in subsection 7c77#a71 notwithstanding subsection 7c74 ,the review process shall be consistent with title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq474 7#e7 ,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 section4 7f7 ,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 administration4 7g7 ,transparency ,the ,state must ensure that the policies and procedures under section #feh;,h are published on the ,web site 7or otherwise publicly available venue in the absence of a ,web site7 of the ,state and the ,web sites of local lead agencies4 7h7 ,construction 7#a7 ,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 children4 7#b7 ,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 section4 7i7 ,definitions ,in this section-- 7#a7 the term child care provider means a center-based child care provider1 a family child care provider1 or another provider of child care services for compensation and on a regular basis that-- 7,a7 is not an individual who is related to all children for whom child care services are provided2 and 7,b7 is licensed1 regulated1 or registered under ,state law or receives assistance provided under this subchapter2 and 7#b7 the term child care staff member means an individual 7other than an individual who is related to all children for whom child care services are provided7-- 7,a7 who is employed by a child care provider for compensation2 or 7,b7 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 provider4 7j7 ,effective date 7#a7 ,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 7d77#a7 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 #bjad4 7#b7 ,extension ,the ,secretary may grant a ,state an extension of time1 of not more than #a fiscal year1 to meet the requirements of this section if the ,state demonstrates a good faith effort to comply with the requirements of this section4 7#c7 ,penalty for noncompliance ,except as provided in paragraphs 7#a7 and 7#b71 for any fiscal year that a ,state fails to comply substantially with the requirements of this section1 the ,secretary shall withhold #e percent of the funds that would otherwise be allocated to that ,state in accordance with this subchapter for the following fiscal year4 4 #h4 ,reports and information 7a7 ,administration ,section #feh;,i7a7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;g7a77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by inserting a comma after publish2 and 7,b7 by striking and at the end2 7#b7 by striking paragraph 7#c7 and inserting the following3 7#c7 provide technical assistance1 such as business technical assistance1 as described in section #feh;,e7c77#b77,v71 to ,states 7which may include providing assistance on a reimbursable basis7 which shall be provided by qualified experts on practices grounded in scientifically valid research1 where appropriate1 to carry out this subchapter2 2 and 7#c7 by adding at the end the following3 7#d7 disseminate1 for voluntary informational purposes1 information on practices that scientifically valid research indicates are most successful in improving the quality of programs that receive assistance with this subchapter2 and 7#e7 after consultation with the heads of any other ,federal agencies involved1 issue guidance and disseminate information on best practices regarding the use of funding combined by ,states as described in section #feh;,e7c77#b77,o77ii71 consistent with laws other than this subchapter4 4 7b7 ,request ,for ,relief ,section #feh;,i of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;g71 as amended by subsection 7a71 is further amended by adding at the end of the following3 7c7 ,request for ,relief 7#a7 ,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 7b77#b7 upon the ,state's request for such a waiver if the ,secretary finds that-- 7,a7 the request describes one or more conflicting or duplicative requirements preventing the effective delivery of child care services to justify a waiver1 extraordinary circumstances1 such as natural disaster or financial crisis1 or an extended period of time for a ,state legislature to enact legislation to implement the provisions of this subchapter2 7,b7 such circumstances included in the request prevent the ,state from complying with any statutory or regulatory requirements of this subchapter2 7,c7 the waiver will1 by itself1 contribute to or enhance the ,state's ability to carry out the purposes of this subchapter2 and1 7,d7 the waiver will not contribute to inconsistency with the objectives of this law4 7#b7 ,contents ,such request shall be provided to the ,secretary in writing and will-- 7,a7 detail each sanction or provision within this subchapter that the ,state seeks relief from2 7,b7 describe how a waiver from that sanction or provision of this subchapter will1 by itself1 improve delivery of child care services for children in the ,state2 and 7,c7 certify that the health1 safety1 and well-being of children served through assistance received under this subchapter will not be compromised as a result of the waiver4 7#c7 ,approval ,within #ij days after the receipt of a ,state's request under this subsection1 the ,secretary shall inform the ,state of approval or disapproval of the request4 ,if the plan is disapproved1 the ,secretary shall1 at this time1 inform the ,state1 the ,committee on ,education and the ,workforce of the ,house of ,representatives1 and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate of the reasons for the disapproval and give the ,state the opportunity to amend the request4 ,in the case of approval1 the ,secretary shall1 within #cj days of granting such waiver1 notify and submit a report to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate on the circumstances of the waiver including each specific sanction or provision waived1 the reason as given by the ,state of the need for a waiver1 and the expected impact of the waiver on children served under this program4 7#d7 ,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 subchapter4 7#e7 ,duration ,the ,secretary may approve a request under this subsection for a period not to exceed three years1 unless a renewal is granted under paragraph 7#g74 7#f7 ,termination ,the ,secretary shall terminate approval of a request for a waiver authorized under this subsection if the ,secretary determines1 after notice and opportunity for a hearing1 that the performance of a ,state granted relief under this subsection has been inadequate1 or if such relief is no longer necessary to achieve its original purposes4 7#g7 ,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 year4 ,a ,state seeking to renew their waiver approval must inform the ,secretary of this intent no later than #cj days prior to the expiration date of the waiver4 ,the ,state shall re-certify in its extension request the provisions in paragraph 7#b7 of this subchapter1 and shall also explain the need for additional time of relief from such sanction7s7 or provisions approved under this law as provided in this subchapter4 7#h7 ,restrictions ,nothing in this subchapter shall be construed as providing the ,secretary the authority to permit ,states to alter the eligibility requirements for eligible children1 including work requirements1 job training1 or educational program participation1 that apply to the parents of eligible children under this subchapter4 ,nothing in this subsection shall be construed to allow the ,secretary to waive anything related to his or her authority under this subchapter4 4 7c7 ,reports ,section #feh,k7a7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;i7a77 is amended-- 7#a7 in paragraph 7#a77;,b7-- 7,a7 in clause 7ix71 by striking and at the end2 7,b7 in clause 7x71 by striking the semicolon at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7xi7 whether the children receiving assistance under this subchapter are homeless children2 2 and 7#b7 in paragraph 7#b7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking ,december #ca1 #aiig and all that follows through thereafter1 and inserting #a year after the date of the enactment of the ,child ,care and ,development ,block ,grant ,act of #bjad1 and annually thereafter12 7,b7 in subparagraph 7,a71 by striking section #feh,p7#e7 and inserting section #feh,p7#f72 7,c7 in subparagraph 7,e7 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7,f7 the number of child fatalities occurring among children while in the care and facility of child care providers receiving assistance under this subchapter1 listed by type of child care provider and indicating whether the providers 7excluding child care providers described in section #feh,p7#f77;,b77 are licensed or license-exempt4 4 7d7 ,report by ,secretary ,section #feh,l of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;j7 is amended-- 7#a7 by striking the section heading and inserting the following3 #feh,l4 ,reports1 hotline1 and ,web site 2 7#b7 by striking ,not later and inserting the following3 7a7 ,report by ,secretary ,not later 2 7#c7 by striking #aiih and inserting #bjaf2 7#d7 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 ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 7#e7 by inserting after ,states4 the following3 ,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 #feh;,e7c77#b77,q7 and #feh;,e7c77#c77;,b74 2 and 7#f7 by adding at the end the following3 7b7 ,national toll-,free hotline and ,web site 7#a7 ,in general ,the ,secretary shall operate1 directly or through the use of grants or contracts1 a national toll-free hotline and ,web site1 to-- 7,a7 develop and disseminate publicly available child care consumer education information for parents and help parents access safe and quality child care services in their community1 with a range of price options1 that best suits their family's needs2 and 7,b7 to allow persons to report 7anonymously if desired7 suspected child abuse or neglect1 or violations of health and safety requirements1 by an eligible child care provider that receives assistance under this subchapter or a member of the provider's staff4 7#b7 ,requirements ,the ,secretary shall ensure that the hotline and ,web site meet the following requirements3 7,a7 ,referral to local child care providers ,the ,web site shall be hosted by childcare4gov4 ,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 7,b7 within a specified search radius4 7,b7 ,information ,the ,web site shall provide to consumers1 directly or through linkages to ,state databases1 at a minimum-- 7i7 a localized list of all eligible child care providers1 differentiating between licensed and license-exempt providers2 7ii7 any provider-specific information from a ,quality ,rating and ,improvement ,system or information about other quality indicators1 to the extent the information is publicly available and to the extent practicable2 7iii7 any other provider-specific information about compliance with licensing1 and health and safety requirements to the extent the information is publicly available and to the extent practicable2 7iv7 referrals to local resource and referral organizations from which consumers can find more information about child care providers2 and 7v7 ,state information about child care subsidy programs and other financial supports available to families4 7,c7 ,nationwide capacity ,the ,web site and hotline shall have the capacity to help families in every ,state and community in the ,nation4 7,d7 ,information at all hours ,the ,web site shall provide1 to parents and families1 access to information about child care services #bd hours a day4 7,e7 ,services in different languages ,the ,web site and hotline shall ensure the widest possible access to services for families who speak languages other than ,english4 7,f7 ,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 services4 7#c7 ,prohibition ,nothing in this subsection shall be construed to allow the ,secretary to compel ,states to provide additional data and information that is currently 7as of the date of enactment of the ,child ,care and ,development ,block ,grant ,act of #bjad7 not publicly available1 or is not required by this subchapter1 unless such additional data are related to the purposes and scope of this subchapter1 and are subject to a notice and comment period of no less than #ij days4 4 7e7 ,protection of information ,section #feh,k7a77#a7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;i7a77#a77 is amended by adding at the end the following3 7,e7 ,prohibition ,reports submitted to the ,secretary under subparagraph 7,c7 shall not contain personally identifiable information4 4 #i4 ,reservation for toll-free hotline and ,web site2 payments to benefit ,indian children2 technical assistance and evaluation ,section #feh,o of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehm7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b7-- 7i7 by striking ,the ,secretary and inserting the following3 7,a7 ,in general ,the ,secretary 2 7ii7 by striking #a percent1 and not more than #b percent1 and inserting #b percent2 and 7iii7 by adding at the end the following3 7,b7 ,limitations ,notwithstanding subparagraph 7,a71 the ,secretary shall only reserve an amount that is greater than #b percent of the amount appropriated under section #feh;,b1 for payments described in subparagraph 7,a71 for a fiscal year 7referred to in this subparagraph as the reservation year7 if -- 7i7 the amount appropriated under section #feh;,b for the reservation year is greater than the amount appropriated under section #feh;,b for fiscal year #bjad2 and 7ii7 the ,secretary ensures that the amount allotted to ,states under subsection 7b7 for the reservation year is not less than the amount allotted to ,states under subsection 7b7 for fiscal year #bjad4 2 and 7,b7 by adding at the end the following3 7#c7 ,national toll-free hotline and ,web site ,the ,secretary shall reserve up to #a1ejj1jjj of the amount appropriated under this subchapter for each fiscal year for the operation of a national toll-free hotline and ,web site1 under section #feh,l7b74 7#d7 ,technical assistance ,the ,secretary shall reserve up to of #a percent of the amount appropriated under this subchapter for each fiscal year to support technical assistance and dissemination activities under paragraphs 7#c7 and 7#d7 of section #feh;,i7a74 7#e7 ,research1 demonstration1 and ,evaluation ,the ,secretary may reserve of #a percent of the amount appropriated under this subchapter for each fiscal year to conduct research and demonstration activities1 as well as periodic external1 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 services1 using scientifically valid research methodologies1 and to disseminate the key findings of those evaluations widely and on a timely basis4 2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b71 by adding at the end the following3 7,d7 ,licensing and standards ,in lieu of any licensing and regulatory requirements applicable under ,state or local law1 the ,secretary1 in consultation with ,indian tribes and tribal organizations1 shall develop minimum child care standards that shall be applicable to ,indian tribes and tribal organizations receiving assistance under this subchapter4 ,such standards shall appropriately reflect ,indian tribe and tribal organization needs and available resources1 and shall include standards requiring a publicly available application1 health and safety standards1 and standards requiring a reservation of funds for activities to improve the quality of child care services provided to ,indian children4 2 and 7,b7 in paragraph 7#f71 by striking subparagraph 7,c7 and inserting the following3 7,c7 ,limitation 7i7 ,in general ,except as provided in clause 7ii71 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 7,b7 is being made4 7ii7 ,waiver ,the ,secretary shall waive the limitation described in clause 7i7 if-- 7,i7 the ,secretary determines that the decrease in the level of child care services provided by the ,indian tribe or tribal organization is temporary2 and 7,,ii7 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-- 7aa7 the level of child care services will increase2 or 7bb7 the quality of child care services will improve4 4 #aj4 ,definitions ,section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn7 is amended-- 7#a7 by striking paragraph 7#d7 and inserting the following3 7#c7 ,child with a disability ,the term child with a disability means-- 7,a7 a child with a disability1 as defined in section #fjb of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja72 7,b7 a child who is eligible for early intervention services under part ,c of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adca et seq472 7,c7 a child who is less than #ac years of age and who is eligible for services under section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid72 and 7,d7 a child with a disability1 as defined by the ,state involved4 7#d7 ,eligible child ,the term eligible child means an individual-- 7,a7 who is less than #ac years of age2 7,b7 whose family income does not exceed #he percent of the ,state median income for a family of the same size1 and whose family assets do not exceed #a1jjj1jjj 7as certified by a member of such family72 and 7,c7 who-- 7i7 resides with a parent or parents who are working or attending a job training or educational program2 or 7ii7 is receiving1 or needs to receive1 protective services and resides with a parent or parents not described in clause 7i74 2 7#b7 by redesignating paragraphs 7#e7 through 7#i7 as paragraphs 7#f7 through 7#aj71 respectively2 7#c7 by inserting after paragraph 7#d71 the following3 7#e7 ,english learner ,the term ,english learner means an individual who is limited ,english proficient1 as defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7 or section #fcg of the ,head ,start ,act 7#db ,u4,s4,c4 #ihcb74 2 7#d7 in paragraph 7#f77;,a71 as redesignated by paragraph 7#b7-- 7,a7 in clause 7i71 by striking section #feh;,e7c77#b77;,e7 and inserting section #feh;,e7c77#b77;,f72 and 7,b7 in clause 7ii71 by striking section #feh;,e7c77#b77;,f7 and inserting section #feh;,e7c77#b77;,i72 7#e7 in paragraph 7#i71 as redesignated by paragraph 7#b71 by striking designated and all that follows and inserting designated or established under section #feh;,d7a742 7#f7 in paragraph 7#aj71 as redesignated by paragraph 7#b71 by inserting 1 foster parent1 after guardian2 7#g7 by redesignating paragraphs 7#aa7 through 7#ad7 as paragraphs 7#ab7 through 7#ae71 respectively2 and 7#h7 by inserting after paragraph 7#aj71 as redesignated by paragraph 7#b71 the following3 7#aa7 ,scientifically valid research ,the term scientifically valid research includes applied research1 basic research1 and field-initiated research1 for which the rationale1 design1 and interpretation are soundly developed in accordance with principles of scientific research4 4 #aa4 ,parental rights and responsibilities ,section #feh,q of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheho7 is amended-- 7#a7 by inserting before ,nothing the following3 7a7 ,in general 2 and 7#b7 by adding at the end the following3 7b7 ,parental rights ,to use child care certificates ,nothing in this subchapter shall be construed in a manner-- 7#a7 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 certificates2 or 7#b7 to disfavor or discourage the use of such certificates for the purchase of child care services1 including those services provided by private or nonprofit entities1 such as faith-based providers4 4 #ab4 ,studies on waiting lists 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct studies to determine1 for each ,state1 the number of families that-- 7#a7 are eligible to receive assistance under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh et seq472 7#b7 have applied for the assistance1 identified by the type of assistance requested2 and 7#c7 have been placed on a waiting list for the assistance4 7b7 ,report ,the ,comptroller ,general shall prepare a report containing the results of each study and shall submit the report to the ,committee on ,health1 ,education1 ,labor and ,pensions of the ,senate1 and the ,committee on ,education and the ,workforce of the ,house of ,representatives-- 7#a7 not later than #b years after the date of enactment of this ,act2 and 7#b7 every #b years thereafter4 7c7 ,definition ,in this section1 the term ,state has the meaning given the term in section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn74 #ac4 ,review of ,federal early learning and care programs 7a7 ,in general ,the ,secretary of ,health and ,human ,services1 in conjunction with the ,secretary of ,education1 shall conduct an interdepartmental review of all early learning and care programs for children less than #f years of age in order to-- 7#a7 develop a plan for the elimination of overlapping programs1 as identified by the ,government ,accountability ,office's #bjab annual report 7,,gao-#ab-cdb,,sp72 and 7#b7 make recommendations to ,congress for streamlining all such programs4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary of ,education and the heads of all ,federal agencies that administer ,federal early learning and care programs1 shall submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives1 a detailed report that outlines the efficiencies that can be achieved by1 as well as specific recommendations for1 eliminating overlap and fragmentation among all ,federal early learning and care programs4 ,clerk4