S. 1086 — Introduced in Senate

II 113th CONGRESS 1st Session S. 1086 IN THE SENATE OF THE UNITED STATES June 3, 2013 Ms. Mikulski (for herself, Mr. Burr, Mr. Harkin, and Mr. Alexander) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes. 1. Short title This Act may be cited as the Child Care and Development Block Grant Act of 2013. 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: 658A. Short title and purposes (a) Short title This subchapter may be cited as the Child Care and Development Block Grant Act of 1990. (b) Purposes The purposes of this subchapter are— (1) to allow each State maximum flexibility in developing child care programs and policies that best suit the needs of children and parents within that State; (2) to promote parental choice to empower working parents to make their own decisions regarding the child care that best suits their family’s needs; (3) to assist States in providing high-quality child care services to parents trying to achieve independence from public assistance; (4) to assist States in improving the overall quality of child care services and programs by implementing the health, safety, licensing, training, and oversight standards established in this subchapter and in State law (including regulations); (5) to improve school readiness by having children, families, and child care providers engage in activities, in child care settings, that are developmentally appropriate and age-appropriate for the children and that promote children's language and literacy and mathematics skills, social and emotional development, physical health and development, and approaches to learning; (6) to encourage States to provide consumer education information to help parents make informed choices about child care services and to promote involvement by parents and family members in the education of their children in child care settings; (7) to increase the number and percentage of low-income children in high-quality child care settings; and (8) to improve the coordination and delivery of early childhood education and care (including child care). . 3. Authorization of appropriations Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9801) is amended by striking subchapter and all that follows, and inserting subchapter, such sums as may be necessary for each of fiscal years 2014 through 2019.. 4. Lead agency 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.. 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 such Act (42 U.S.C. 9858c(c)) is amended— (1) in paragraph (1), by inserting or established after designated; (2) in paragraph (2)— (A) in subparagraph (B), by inserting a comma after care of such providers; (B) by striking subparagraphs (D) through (H); and (C) by adding at the end the following: (D) Monitoring and inspection reports The plan shall include a certification that the State, not later than 1 year after the date of enactment of the Child Care and Development Block Grant Act of 2013, 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. (E) Consumer education information The plan shall include a certification that the State will collect and disseminate (which dissemination may be done, except as otherwise specified in this subparagraph, through resource and referral organizations and other means as determined by the State) to parents of eligible children and the general public— (i) information that will promote informed child care choices and that concerns— (I) the availability of child care services provided through programs authorized under this subchapter and, if feasible, other child care services provided in the State; (II) if available, information about the quality of providers, including information from a Quality Rating and Improvement System; (III) information, made available through a State website, describing the State process for licensing child care providers, the State processes for conducting background checks, and monitoring and inspections, of child care providers, and the offenses that prevent individuals and entities from serving as child care providers in the State; (IV) the availability of assistance to obtain child care services; (V) other programs for which families that receive child care services for which financial assistance is provided in accordance with this subchapter may be eligible, including the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), Head Start and Early Head Start programs carried out under the Head Start Act (42 U.S.C. 9831 et seq.), the program carried out under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.), the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the special supplemental nutrition program for women, infants, and children established by 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. and 1397aa et seq.); (VI) programs carried out under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.); and (VII) research and best practices concerning children's development, including language and cognitive development, development of early language and literacy and mathematics skills, social and emotional development, meaningful parent and family engagement, and physical health and development; (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; and (iii) information, for parents receiving assistance under the program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), and low-income parents, about eligibility for assistance provided in accordance with this subchapter. (F) Compliance with State licensing requirements (i) In general The plan shall include a certification that the State involved has in effect licensing requirements applicable to child care services provided within the State, and provide a detailed description of such requirements and of how such requirements are effectively enforced. (ii) License exemption If the State uses funding received under this subchapter to support a child care provider that is exempt from the corresponding licensing requirements described in clause (i), the plan shall include a description stating— (I) how children receiving services from such a provider will receive services that are comparable in safety and quality to the services received by children served by licensed child care providers; and (II) 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 requirements (i) In general The plan shall describe the training requirements that are in effect within the State that are designed to enable child care providers to promote the social, emotional, physical, and cognitive development of children and that are applicable to child care providers that provide services for which assistance is provided in accordance with this subchapter in the State. (ii) Requirements The plan shall provide an assurance that such training requirements— (I) provide a set of workforce and competency standards for child care providers that provide services described in clause (i); (II) are developed in consultation with the State Advisory Council on Early Childhood Education and Care (designated or established pursuant to section 642B(b)(1)(A) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A))); (III) include an evidence-based training framework that is designed to promote children's learning and development and school readiness and to improve child outcomes, including school readiness; (IV) incorporate knowledge and application of the State's early learning and developmental guidelines and, where applicable, the State's child development and health standards; and (V) to the extent practicable, are appropriate for a population of children that includes— (aa) different age groups (such as infants, toddlers, and preschoolers); (bb) English learners; and (cc) children with disabilities. (iii) Progression of professional development In developing the requirements, the State shall develop a statewide progression of professional development designed to improve the skills and knowledge of the workforce, which may include the acquisition of course credit in postsecondary education or of a credential, aligned with the framework. (iv) Alignment The State shall engage the State Advisory Council on Early Childhood Education and Care, and may engage institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), and other training providers in aligning training opportunities with the State’s training framework. (v) Credentials The Secretary shall not require an individual or entity that provides child care services for which assistance is provided in accordance with this subchapter to acquire a credential to provide such services. Nothing in this section shall be construed to prohibit a State from requiring a credential. (H) Child-to-provider ratio standards (i) Standards The plan shall describe child care standards, for child care for which assistance is made available in accordance with this subchapter, appropriate to the type of child care setting involved, that address— (I) group size limits for specific age populations; (II) the appropriate ratio between the number of children and the number of providers, in terms of the age of the children in child care, as determined by the State; and (III) required qualifications for such providers. (ii) Construction The Secretary may offer guidance to States on child-to-provider ratios described in clause (i) according to setting and age group but shall not require that States maintain specific child-to-provider ratios for providers who receive assistance under this subchapter. (I) Health and safety requirements The plan shall include a certification that there are in effect within the State, under State or local law, requirements designed to protect the health and safety of children that are applicable to child care providers that provide services for which assistance is made available in accordance with this subchapter. Such requirements— (i) shall relate to matters including health and safety topics (including prevention of shaken baby syndrome and abusive head trauma) consisting of— (I) the prevention and control of infectious diseases (including immunization) and the establishment of a grace period that allows homeless children to receive services under this subchapter while their families are taking any necessary action to comply with immunization and other health and safety requirements; (II) handwashing and universal health precautions; (III) the administration of medication, consistent with standards for parental consent; (IV) the prevention of and response to emergencies due to food and other allergic reactions; (V) prevention of sudden infant death syndrome and use of safe sleeping practices; (VI) sanitary methods of food handling; (VII) building and physical premises safety; (VIII) emergency response planning including disaster preparation; (IX) the handling and storage of hazardous materials and the appropriate disposal of biocontaminants; (X) identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic; (XI) for providers that offer transportation, if applicable, appropriate precautions in transporting children; (XII) first aid and car­dio­pul­mo­nary resuscitation; and (XIII) minimum health and safety training, to be completed pre-service or during an orientation period, appropriate to the provider setting involved that addresses each of the requirements relating to matters described in subclauses (I) through (XII); and (ii) may include requirements relating to nutrition and access to physical activity. (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 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 2013, shall have in effect policies and practices, applicable to licensing for child care providers that provide services for which assistance is made available in accordance with this subchapter and the facilities of those providers, that— (i) ensure that individuals who are hired as licensing inspectors in the State are qualified to inspect those child care providers and facilities and have received training in related health and safety requirements, child development, child abuse prevention and detection, program management, and relevant law enforcement; (ii) require licensing inspectors of those child care providers and facilities to perform inspections, with— (I) not less than 1 prelicensure health, safety, and fire inspection of each such child care provider and facility in the State; and (II) not less than annually, a health, safety, and fire inspection (which shall be unannounced) of each such child care provider and facility in the State; and (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 and State law. (L) Compliance with child abuse reporting requirements The plan shall include a certification that child care providers within the State will comply with the child abuse reporting requirements of section 106(b)(2)(B)(i) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)(i)). (M) Meeting the needs of certain populations The plan shall describe how the State will develop and implement strategies (which may include the provision of compensation at higher payment rates and bonuses to child care providers, the provision of direct contracts or grants to community-based organizations, or other means determined by the State) to increase the supply and improve the quality of child care for— (i) children in underserved areas; (ii) infants and toddlers; (iii) children with disabilities, as defined in subparagraphs (A) and (D) of section 658P(3); and (iv) children who receive care during nontraditional hours. (N) Protection for working parents (i) Redetermination process The plan shall describe the procedures and policies that are in place to ensure that working parents (especially parents in families receiving assistance under the program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)) are not required to unduly disrupt their employment in order to comply with the State's requirements for redetermination of eligibility for assistance provided in accordance with this subchapter. (ii) 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 (except for a factor described in clause (iii), for a State not covered by clause (iii)) and will receive such assistance, for not less than 12 months before the State redetermines the eligibility of the child under this subchapter, regardless of a change in the status of the child's parent as working or attending a job training or educational program or a change in family income for the child's family, if that family income does not exceed 85 percent of the State median income for a family of the same size. (II) Fluctuations in earnings The plan shall demonstrate how the State's processes for initial determination and redetermination of such eligibility take into account irregular fluctuations in earnings. (iii) Period before termination At the option of the State, the plan shall demonstrate that the State will not terminate assistance provided to carry out this subchapter based on a factor consisting of a parent's loss of work or cessation of attendance at a job training or educational program for which the family was receiving the assistance, without continuing the assistance for a reasonable period of time, of not less than 3 months, after such loss or cessation in order for the parent to engage in a job search and resume work, or resume attendance at a job training or educational program, as soon as possible. (iv) Graduated phaseout of care The plan shall describe the policies and procedures that are in place to allow for provision of continued assistance to carry out this subchapter, for a period of not to exceed 12 months, for children of working parents who become ineligible for assistance to carry out this subchapter during the redetermination process due to a modest increase in the parents’ income, if the family income for the family involved does not exceed 85 percent of the State median income for a family of the same size. (O) Coordination with other programs (i) In general The plan shall describe how the State, in order to expand accessibility and continuity of quality early childhood education and care, and assist children enrolled in part-day prekindergarten or part-day Head Start programs to receive full-day services, will coordinate the services supported to carry out this subchapter with— (I) programs carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including the Early Head Start programs carried out under section 645A of that Act (42 U.S.C. 9840a); (II) programs carried out under part A of title I, and part B of title IV, of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq., 7171 et seq.); (III) programs carried out under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.); (IV) the maternal, infant, and early childhood home visiting programs authorized under section 511 of the Social Security Act (42 U.S.C. 711), as added by section 2951 of the Patient Protection and Affordable Care Act; (V) State and locally funded early childhood education and care programs; (VI) programs serving homeless children and services of local educational agency liaisons for homeless children and youths designated under subsection (g)(1)(J)(ii) of section 722 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432); and (VII) other Federal programs supporting early childhood education and care activities. (ii) 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, and private entities to leverage existing service delivery systems (as of the date of the submission of the application containing the plan) for early childhood education and care and to increase the supply and quality of child care services for children who are less than 13 years of age, such as by implementing voluntary shared services alliance models to allow providers more time and resources to provide higher quality of care at lower cost by realizing small economies of scale. (Q) Priority for low-income populations The plan shall describe the process the State proposes to use, with respect to investments made to increase access to programs providing high-quality early childhood education and care, to give priority for those investments to children of families in areas that have significant concentrations of poverty and unemployment and that do not have such programs. (R) Consultation The plan shall include a certification that the State has developed the plan in consultation with the State Advisory Council on Early Childhood Education and Care established pursuant to section 642B(b)(1)(A) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)). (S) Payment practices The plan shall include a certification that the payment practices of child care providers in the State that serve children who receive assistance under this subchapter reflect generally accepted payment practices of child care providers in the State that serve children who do not receive assistance under this subchapter, so as to provide stability of funding and encourage more child care providers to serve children who receive assistance under this subchapter. (T) Early learning and developmental guidelines (i) In general The plan shall include an assurance that the State will develop or implement early learning and developmental guidelines that are appropriate for children from birth through entry into kindergarten, describing what such children should know and be able to do, and covering the essential domains of early childhood education and care and early childhood development for use statewide by child care providers. Such child care providers shall— (I) be licensed or regulated under State law; and (II) not be a relative of all children for whom the provider provides child care services. (ii) Alignment The guidelines shall be research-based, be developmentally appropriate, and be aligned with State standards for education in kindergarten through grade 3. (iii) Prohibition on use of funds The plan shall include an assurance that funds received by the State to carry out this subchapter will not be used to develop or implement an assessment for children that— (I) will be the sole basis for a child care provider being determined to be ineligible to participate in the program carried out under this subchapter; (II) will be used as the primary or sole basis to provide a reward or sanction for an individual provider; or (III) will be used as the primary or sole method for assessing program effectiveness. (iv) Exceptions Nothing in this subchapter shall preclude the State using a single assessment for children for— (I) improving instruction or a classroom environment; (II) targeting professional development to a provider; (III) determining the need for health, mental health, disability, developmental delay, or family support services; (IV) obtaining information for the quality improvement process at the State level; or (V) conducting a program evaluation for the purposes of providing program improvement and parent information. (v) No Federal control Nothing in this section shall be construed to authorize an officer or employee of the Federal Government to— (I) mandate, direct, or control a State's early learning and developmental guidelines, developed in accordance with this section; (II) establish any criterion that specifies, defines, or prescribes the standards or measures that a State uses to establish, implement, or improve— (aa) early learning and developmental guidelines, or early learning standards, assessments, or accountability systems; or (bb) alignment of early learning and developmental guidelines with State standards for education in kindergarten through grade 3; or (III) require a State to submit such standards or measures for review. ; (3) in paragraph (3)— (A) in subparagraph (A), by striking as required under and inserting in accordance with; (B) in subparagraph (B)— (i) by striking The State and inserting the following: (i) In general The State ; (ii) by striking and any other activity that the State deems appropriate to realize any of the goals specified in paragraphs (2) through (5) of section 658A(b) and inserting activities that improve access to child care services, including use of procedures to permit immediate enrollment (after the initial eligibility determination and after a child is determined to be eligible) of homeless children while required documentation is obtained, training and technical assistance on identifying and serving homeless children and their families, and specific outreach to homeless families, and any other activity that the State determines to be appropriate to meet the purposes of this subchapter (which may include an activity described in clause (ii)); and (iii) by adding at the end the following: (ii) Child care resource and referral system (I) In general A State may use amounts described in clause (i) to establish or support a system of local or regional child care resource and referral organizations that is coordinated, to the extent determined appropriate by the State, by a statewide public or private nonprofit, community-based or regionally based, lead child care resource and referral organization. (II) Local or regional organizations The local or regional child care resource and referral organizations supported as described in subclause (I) shall— (aa) provide parents in the State with consumer education information referred to in paragraph (2)(E) (except as otherwise provided in that paragraph), concerning the full range of child care options, analyzed by provider, including child care provided during nontraditional hours and through emergency child care centers, in their political subdivisions or regions; (bb) to the extent practicable, work directly with families who receive assistance under this subchapter to offer the families support and assistance, using information described in item (aa), to make an informed decision about which child care providers they will use, in an effort to ensure that the families are enrolling their children in high-quality care; (cc) collect and analyze data on the coordination of services and supports, including services under section 619 and part C of the Individuals with Disabilities Education Act (42 U.S.C. 1419, 1431 et seq.), for children with disabilities (as defined in section 602 of such Act (20 U.S.C. 1401)); (dd) collect and analyze data on the supply of and demand for child care in political subdivisions or regions within the State and submit such data and analysis to the State; (ee) work to establish partnerships with public agencies and private entities to increase the supply and quality of child care services in the State; and (ff) as appropriate, coordinate their activities with the activities of the State lead agency and local agencies that administer funds made available in accordance with this subchapter. ; (C) in subparagraph (D)— (i) by striking 1997 through 2012 and inserting 2014 through 2019; and (ii) by striking paragraph (2)(H) and inserting paragraph (2)(M); and (D) by adding at the end the following: (E) Direct services From amounts provided to a State for a fiscal year to carry out this subchapter, the State shall— (i) reserve the minimum amount required to be reserved under section 658G, and the funds for costs described in subparagraph (C); and (ii) from the remainder, use not less than 70 percent to fund direct services (provided by the State) in accordance with paragraph (2)(A). ; (4) by striking paragraph (4) and inserting the following: (4) Payment rates (A) In general The State plan shall certify that payment rates for the provision of child care services for which assistance is provided in accordance with this subchapter are sufficient to ensure equal access for eligible children to child care services that are comparable to child care services in the State or substate area involved that are provided to children whose parents are not eligible to receive assistance under this subchapter or to receive child care assistance under any other Federal or State program and shall provide a summary of the facts relied on by the State to determine that such rates are sufficient to ensure such access. (B) Survey The State plan shall— (i) demonstrate that the State has, after consulting with the State Advisory Council on Early Childhood Education and Care, local child care program administrators, local child care resource and referral agencies, and other appropriate entities, developed and conducted (not earlier than 2 years before the date of the submission of the application containing the State plan) a statistically valid and reliable survey of the market rates for child care services in the State (that reflects variations in the cost of child care services by geographic area, type of provider, and age of child); (ii) demonstrate that the State prepared a detailed report containing the results of the State market rates survey conducted pursuant to clause (i), and made the results of the survey widely available (not later than 30 days after the completion of such survey) through periodic means, including posting the results on the Internet; (iii) describe how the State will set payment rates for child care services, for which assistance is provided in accordance with this subchapter, in accordance with the results of the market rates survey conducted pursuant to clause (i) 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 the Child Care and Development Block Grant Act of 2013; and (iv) describe how the State will provide for timely payment for child care services provided in accordance with this subchapter. (C) Construction (i) No private right of action Nothing in this paragraph shall be construed to create a private right of action. (ii) No prohibition of certain different rates Nothing in this subchapter shall be construed to prevent a State from differentiating the payment rates described in subparagraph (B)(iii) on the basis of such factors as— (I) geographic location of child care providers (such as location in an urban or rural area); (II) the age or particular needs of children (such as the needs of children with disabilities and children served by child protective services); (III) whether the providers provide child care during weekend and other nontraditional hours; or (IV) the State's determination that such differentiated payment rates are needed to enable a parent to choose child care that is of high quality. ; and (5) in paragraph (5), by inserting that is not a barrier to families receiving assistance under this subchapter after cost sharing. (c) Technical amendment Section 658F(b)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858d(b)(2)) is amended by striking section 658E(c)(2)(F) and inserting section 658E(c)(2)(I). 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: 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 shall reserve and use a portion of such funds, in accordance with paragraph (2), for activities provided directly, or through grants or contracts with local child care resource and referral organizations or other appropriate entities, that are designed to improve the quality of child care services and increase parental options for, and access to, high-quality child care, provided in accordance with this subchapter. (2) Amount of reservations Such State shall reserve and use for the activities described in paragraph (1), not less than— (A) 6 percent of such funds in 2014; (B) 8 percent of such funds in 2016; (C) 10 percent of such funds in 2018 and each succeeding year; and (D) 3 percent of such funds in 2014 and each succeeding year to carry out the activities described in paragraph (1), as such activities relate to the quality of care for infants and toddlers. (b) Activities Funds reserved under subsection (a) shall be used to carry out not less than 2 of the following activities: (1) Supporting the training, professional development, and professional advancement of the child care workforce through activities such as— (A) offering child care providers training and professional development that is intentional and sequential and leads to a higher level of skill or certification; (B) establishing or supporting programs designed to increase the retention and improve the competencies of child care providers, including wage incentive programs and initiatives that establish tiered payment rates for providers that meet or exceed child care services guidelines, as defined by the State; (C) offering training, professional development, and educational opportunities for child care providers that relate to the use of developmentally appropriate and age-appropriate curricula, and early childhood teaching strategies, that are scientifically based and aligned with the social, emotional, physical, and cognitive development of children, including offering specialized training for child care providers who care for infants and toddlers, children who are English learners, and children with disabilities (as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)); (D) providing training in early mathematics and early language and literacy development and effective instructional practices to support mathematics and language and literacy development in young children; (E) incorporating effective use of data to guide instruction and program improvement; (F) including effective behavior management strategies, including positive behavioral interventions and supports, that promote positive social and emotional development and reduce challenge behaviors; (G) at the option of the State, incorporating feedback from experts at the State’s institutions of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), and other early learning and development experts and early childhood experts; (H) providing training corresponding to the nutritional and physical activity needs of children to promote healthy development; and (I) providing training or professional development for child care providers to serve and support children with disabilities. (2) Supporting the use of the early learning and developmental guidelines described in section 658E by— (A) developing and implementing such early learning and developmental guidelines for early language and literacy skills and activities and pre-numeracy and mathematics skills and activities, for child care programs in the State, that are aligned with State standards for education in kindergarten through grade 12 education or the State’s general goals for school readiness; and (B) providing technical assistance to enhance early learning for preschool and school-aged children in order to promote language and literacy skills, foster school readiness, and support later school success. (3) Developing and implementing a tiered quality rating system for child care providers, which shall— (A) support and assess the quality of child care providers in the State; (B) build on licensing standards and other State regulatory standards for such providers; (C) be designed to improve the quality of different types of child care providers; (D) describe the quality of early learning facilities; (E) build the capacity of State early learning programs and communities to promote parents’ and families’ understanding of the State’s early learning system and the ratings of the programs in which the child is enrolled; and (F) provide, to the maximum extent practicable, financial incentives and other supports designed to achieve and sustain higher levels of quality. (4) Improving the supply and quality of child care programs and services for infants and toddlers through activities which may include— (A) establishing or expanding neighborhood-based high-quality comprehensive family and child development centers, which may serve as resources to child care providers in order to improve the quality of early childhood education and care and early childhood development services provided to infants and toddlers from low-income families and to help eligible child care providers improve their capacity to offer high-quality care to infants and toddlers from low-income families; (B) establishing or expanding the operation of community or neighborhood-based family child care networks; (C) supporting statewide networks of infant and toddler child care specialists, including specialists who have knowledge regarding infant and toddler development and curriculum and program implementation for children with disabilities, which may include specialists who provide such services through part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.); (D) carrying out initiatives to improve the quality of the infant and toddler child care workforce, such as providing relevant training, professional development, or mentoring opportunities and linking such opportunities to career pathways, developing career pathways for such providers, and improving the State cre­den­tial­ing of eligible providers caring for infants and toddlers; and (E) if applicable, developing infant and toddler components within the State’s quality rating system described in paragraph (3) for child care providers for infants and toddlers, or the development of infant and toddler components in a State’s child care licensing regulations or early childhood guidelines; (F) improving the ability of parents to access information about high-quality infant and toddler care; and (G) carrying out other activities determined by the State to improve the quality of infant and toddler care provided in the State, and for which there is evidence that the activities will lead to improved infant and toddler safety, infant and toddler development, or infant and toddler well-being. (5) Promoting broad child care provider participation in the quality rating system described in paragraph (3). (6) Establishing or expanding a statewide system of child care resource and referral services. (7) Facilitating compliance with State requirements for inspection, monitoring, training, and health and safety, and with State licensing standards. (8) Evaluating and assessing the quality and effectiveness of child care programs and services offered in the State, including evaluating how such programs and services may improve the overall school readiness of young children. (9) Supporting child care providers in the pursuit of accreditation by an established national accrediting body with demonstrated, valid and reliable program standards of high quality. (10) Supporting State or local efforts to develop or adopt high-quality program standards relating to health, mental health, nutrition, physical activity, and physical development and providing resources to enable eligible child care providers to meet, exceed, or sustain success in meeting or exceeding such standards. (11) Carrying out other activities determined by the State to improve the quality of child care services provided in the State, and for which measurement of outcomes relating to improved provider preparedness, child safety, child well-being, or school readiness is possible. (c) Certification Beginning with fiscal year 2014, 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 describes how the State used funds received under this subchapter to comply with subsection (a) during that preceding fiscal year. (d) Reporting Requirements Each State receiving funds under this subchapter shall prepare and submit an annual report to the Secretary, which shall include information about— (1) the amount of funds that are reserved under subsection (a); (2) the activities carried out under this section; and (3) the measures that the State will use to evaluate the State's progress in improving the quality of child care programs and services in the State. (e) Technical assistance The Secretary shall offer technical assistance, in accordance with section 658I(a)(3), which may include technical assistance through the use of grants or cooperative agreements, to States for the activities described in subsection (b). (f) Construction Nothing in this section shall be construed as providing the Secretary the authority to regulate, monitor, or dictate State child care quality activities or progress in implementing those activities. . 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: 658H. Criminal background checks (a) In general A State that receives funds to carry out this subchapter shall have in effect— (1) requirements, policies, and procedures to require and conduct criminal background checks for child care staff members (including prospective child care staff members) of child care providers described in subsection (c)(1); and (2) licensing, regulation, and registration requirements, as applicable, that prohibit the employment of child care staff members as described in subsection (c). (b) Requirements A criminal background check for a child care staff member under subsection (a) shall include— (1) a search of each State criminal and sex offender registry or repository in the State where the child care staff member resides and each State where such staff member resided during the preceding 10 years; (2) a search of State-based child abuse and neglect registries and databases in the State where the child care staff member resides and each State where such staff member previously resided during the preceding 10 years; (3) a search of the National Crime Information Center; (4) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (5) a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.). (c) Prohibitions (1) Child care staff members A child care staff member shall be ineligible for employment by a child care provider that is licensed, regulated, or registered by the State or for which assistance is provided in accordance with this subchapter, if such individual— (A) refuses to consent to the criminal background check described in subsection (b); (B) knowingly makes a materially false statement in connection with such criminal background check; (C) is registered, or is required to be registered, on a State sex offender registry or 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. (2) Child care providers A child care provider described in paragraph (1) shall be ineligible for assistance provided in accordance with this subchapter if the provider employs a staff member who is ineligible for employment under paragraph (1). (d) Submission of requests for background checks (1) In general A child care provider covered by subsection (c) shall submit a request, to the appropriate State agency designated by a State, for a criminal background check described in subsection (b), for each child care staff member (including prospective child care staff members) of the provider. (2) Staff members Subject to paragraph (4), in the case of an individual who became a child care staff member before the date of enactment of the Child Care and Development Block Grant Act of 2013, the provider shall submit such a request— (A) prior to the last day described in subsection (i)(1); and (B) not less often than once during each 5-year period following the first submission date under this paragraph for that staff member. (3) Prospective staff members Subject to paragraph (4), in the case of an individual who is a prospective child care staff member on or after that date of enactment, the provider shall submit such a request— (A) prior to the date the individual becomes a child care staff member of the provider; and (B) not less often than once during each 5-year period following the first submission date under this paragraph for that staff member. (4) Background check for another child care provider A child care provider shall not be required to submit a request under paragraph (2) or (3) for a child care staff member if— (A) the staff member received a background check described in subsection (b)— (i) within 5 years before the latest date on which such a submission may be made; and (ii) while employed by or seeking employment by another child care provider within the State; and (B) the State provides to the provider a qualifying background check result, consistent with this subchapter, for the child care staff member, who may have become separated from employment from a child care provider within the State for a period of not more than 180 consecutive days. (e) Background check results and appeals (1) Background check results The State shall carry out the request of a child care provider for a criminal background check as expeditiously as possible and shall provide the results of the criminal background check to such provider and to the current or prospective staff member. (2) Privacy (A) In General The State shall provide the results of the criminal background check to the provider in a statement that indicates whether a child care staff member (including a prospective child care staff member) is eligible or ineligible for employment described in subsection (c), without revealing any disqualifying crime or other related information regarding the individual. (B) Ineligible staff member If the child care staff member is ineligible for such employment due to the background check, the State will, when providing the results of the background check, include information related to each disqualifying crime, in a report to the staff member or prospective staff member. (C) Public release of results No State shall publicly release or share the results of individual background checks, however such results of background checks may be included in the development or dissemination of local or statewide data related to background checks, if such results are not individually identifiable. (3) Appeals (A) In General The State shall provide for a process by which a child care staff member (including a prospective child care staff member) may appeal the results of a criminal background check conducted under this section to challenge the accuracy or completeness of the information contained in such member’s criminal background report. (B) Appeals process The State shall ensure that— (i) the appeals process is completed in a timely manner for each child care staff member; (ii) each child care staff member shall be given notice of the opportunity to appeal; and (iii) 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 in his or her criminal background report. (4) Review The State may allow for a review process through which the State may determine that a child care staff member (including a prospective child care staff member) disqualified for a crime specified in subsection (c)(1)(D)(ix) is eligible for employment described in subsection (c)(1), notwithstanding subsection (c). The review process shall be consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.). (5) No private right of action Nothing in this section shall be construed to create a private right of action if the provider is in compliance with State regulations and requirements. (f) Fees for background checks Fees that a State may charge for the costs of processing applications and administering a criminal background check as required by this section shall not exceed the actual costs to the State for the processing and administration. (g) Construction (1) Disqualification for other crimes Nothing in this section shall be construed to prevent a State from disqualifying individuals as child care staff members based on their conviction for crimes not specifically listed in this section that bear upon the fitness of an individual to provide care for and have responsibility for the safety and well-being of children. (2) Rights and Remedies Nothing in this section shall be construed to alter or otherwise affect the rights and remedies provided for child care staff members residing in a State that disqualifies individuals as child care staff members for crimes not specifically provided for under this subchapter. (h) Definitions In this section— (1) the term child care provider means a center-based child care provider, a family child care provider, or another provider of child care services for compensation and on a regular basis that— (A) is not an individual who is related to all children for whom child care services are provided; and (B) is licensed, regulated, or registered under State law or receives assistance provided in accordance with this subchapter; and (2) the term child care staff member means an individual (other than an individual who is related to all children for whom child care services are provided)— (A) who is employed by a child care provider for compensation; (B) whose activities involve the care or supervision of children for a child care provider or unsupervised access to children who are cared for or supervised by a child care provider; or (C) who is a family child care provider. (i) Effective date (1) In general A State that receives funds under this subchapter shall meet the requirements of this section for the provision of criminal background checks for child care staff members described in subsection (d)(1) not later than the last day of the second full fiscal year after the date of enactment of the Child Care and Development Block Grant Act of 1990. (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. . 8. Reports and information (a) Administration Section 658I(a)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858g(a)(2)) is amended by inserting a comma after publish. (b) Reports Section 658K(a) of such Act (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 period and inserting ; and; and (C) by inserting after clause (x), the following: (xi) whether the children receiving assistance under this subchapter are homeless children; ; and (2) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking 1997 and inserting 2014; and (B) in subparagraph (A), by striking section 658P(5) and inserting section 658P(6). (c) Report by Secretary Section 658L of such Act (42 U.S.C. 9858j) is amended— (1) by striking the section heading and inserting the following: 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 2015; and (4) by striking to the Committee and all that follows through of the Senate and inserting to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate; and (5) by adding at the end the following: (b) National toll-Free hotline and Web site (1) In general The Secretary shall operate a national toll-free hotline and Web site, to— (A) develop and disseminate publicly available child care consumer education information for parents and help parents access safe, affordable, and quality child care in their community; and (B) to allow persons to report (anonymously if desired) suspected child abuse or neglect, or violations of health and safety requirements, by an eligible child care provider that receives assistance under this subchapter. (2) Requirements The Secretary shall ensure that the hotline and Web site meet the following requirements: (A) Referral to local child care providers The Web site shall be hosted by childcare.gov. The Web site shall enable a child care consumer to enter a zip code and obtain a referral to local child care providers described in subparagraph (B) within a specified search radius. (B) Information The Web site shall provide to consumers, directly or through linkages to State databases, at a minimum— (i) a localized list of all State licensed child care providers; (ii) any provider-specific information from a Quality Rating and Improvement System or information about other quality indicators, to the extent the information is publicly available and to the extent practicable; (iii) any other provider-specific information about compliance with licensing, and health and safety, requirements to the extent the information is publicly available and to the extent practicable; (iv) referrals to local resource and referral organizations from which consumers can find more information about child care providers, and a recommendation that consumers consult with the organizations when selecting a child care provider; and (v) State information about child care subsidy programs and other financial supports available to families. (C) Nationwide capacity The Web site and hotline shall have the capacity to help families in every State and community in the Nation. (D) Information at all hours The Web site shall provide, to parents and families, access to information about child care 24 hours a day. (E) Services in different languages The Web site and hotline shall ensure the widest possible access to services for families who speak languages other than English. (F) High-quality consumer education and referral The Web site and hotline shall ensure that families have access to child care consumer education and referral services that are consistent and of high quality. (3) Prohibition Nothing in this subsection shall be construed to allow the Secretary to compel States to provide additional data and information that is currently (as of the date of enactment of the Child Care and Development Block Grant Act of 2013) not publicly available, or is not required by this subchapter. . 9. Toll-free hotline and Web site Section 658O(a) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m(a)) is amended by adding at the end the following: (3) National toll-free hotline and Web site The Secretary shall reserve not less than $1,000,000 of the amount appropriated under this subchapter for each fiscal year for the operation of a national toll-free hotline and Web site, under section 658L(b). . 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 (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 before paragraph (6), as redesignated by paragraph (2), the following: (5) English learner The term English learner means an individual who is limited English proficient, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) or section 637 of the Head Start Act (42 U.S.C. 9832). ; (4) in paragraph (6)(A), as redesignated by paragraph (2)— (A) in clause (i), by striking section 658E(c)(2)(E) and inserting section 658E(c)(2)(F); and (B) in clause (ii), by striking section 658E(c)(2)(F) and inserting section 658E(c)(2)(I); (5) in paragraph (9), as redesignated by paragraph (2), by striking designated and all that follows and inserting designated or established under section 658D(a).; and (6) in paragraph (10), as redesignated by paragraph (2), by inserting , foster parent, after guardian.