II 

112TH CONGRESS 

2D SESSION S. 3436 

To amend the Child Care and Development Block Grant Act of 1990 to 

improve the quality of infant and toddler care. 

IN THE SENATE OF THE UNITED STATES 

JULY 25, 2012 

Mr. FRANKEN (for himself, Mrs. MURRAY, and Mr. SANDERS) introduced the 

following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

To amend the Child Care and Development Block Grant 

Act of 1990 to improve the quality of infant and toddler 

care. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Infant and Toddler 

5 Care Improvement Act’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) The brain undergoes its most dramatic de9 velopment during a child’s first 3 years of life, with 


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1 700 new neurological connections being formed every 

2 second based on early experience. During this time, 

3 the brain’s foundational capacities for thinking, lan4 guage, emotion, and self-regulation are formed. 

5 (2) Economic deprivation can also affect the de6 velopment of the brain and impair all aspects of de7 velopment. Children in families below the poverty 

8 line are at risk for prolonged ‘‘toxic’’ stress, which 

9 can change the shape of the brain’s structure. Twen10 ty-five percent of children younger than 3 years of 

11 age live in families with incomes below the poverty 

12 level. 

13 (3) Child care is second only to the family set14 ting as the place in which early development takes 

15 place for many infants and toddlers. Sixty-one per16 cent of mothers with children younger than 3 years 

17 of age are in the labor force and over 6,000,000 

18 children younger than 3 years of age are cared for 

19 by someone other than their parents for some part 

20 or all of the day. Therefore, the relationship between 

21 the child and the child care provider often plays a 

22 significant role in child development. 

23 (4) Research shows that high-quality child care 

24 can mitigate some of the effects of adverse experi25 ences caused by poverty and that low-income chilVerDate Mar 15 2010 01:35 Jul 27, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3436.IS S3436

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1 dren can benefit particularly well from high-quality 

2 child care. Yet, at-risk children younger than 3 years 

3 of age often receive low-quality child care that can 

4 lead to poor developmental outcomes. 

5 (5) High-quality child care has been shown to 

6 promote positive cognitive, language, and social and 

7 emotional development, and contribute to academic 

8 success. High-quality child care can also help im9 prove a child’s communication skills, cognitive skills, 

10 behavioral skills, math and language assessment 

11 scores, and verbal intelligence. 

12 (6) Providing training and technical assistance 

13 to family child care providers who are infant and 

14 toddler care providers, through family child care net15 works, has been shown to improve the quality of 

16 caregivers. 

17 (7) Twenty-seven States use infant and toddler 

18 specialist networks as the structure for providing 

19 training and technical assistance, using research20 based training and techniques such as mentoring 

21 and on-site coaching, to all types of providers of 

22 child care for infants or toddlers. 

23 (8) Preparation for early childhood educators 

24 often does not include training specific to infants 

25 and toddlers. Only 21 States have infant and toddler 


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1 credential requirements that define the particular 

2 knowledge and skills needed to work with children 

3 younger than 3 years of age. 

4 (9) Infants and toddlers have unique needs that 

5 differ from those of older children in areas such as 

6 health and safety, interaction with teachers and 

7 caregivers, and learning, yet not all States recognize 

8 those differences in licensing regulations or in their 

9 Quality Rating and Improvement Systems. Just 20 

10 States have infant and toddler quality indicators in 

11 their Quality Rating and Improvement Systems and 

12 only 3 States have separate categories of child care 

13 regulations related to infants and toddlers. 

14 (b) PURPOSE.—The purpose of this Act is to improve 

15 the overall quality of child care programs serving infants 

16 or toddlers. 

17 SEC. 3. HIGH-QUALITY INFANT AND TODDLER CARE PRO18 GRAM. 

19 The Child Care and Development Block Grant Act 

20 of 1990 is amended by inserting after section 658G (42 

21 U.S.C. 9858e) the following: 

22 ‘‘SEC. 658H. HIGH-QUALITY INFANT AND TODDLER CARE 

23 PROGRAM. 

24 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) ELIGIBLE INFANT OR TODDLER CARE PRO2 VIDER.—The term ‘eligible infant or toddler care 

3 provider’ means an eligible child care provider, con4 sistent with section 658P, who provides care to an 

5 infant or toddler. 

6 ‘‘(2) INFANT OR TODDLER.—The term ‘infant 

7 or toddler’ means an individual under 3 years of 

8 age. 

9 ‘‘(3) INFANT OR TODDLER WITH A DEVELOP10 MENTAL DELAY OR DISABILITY.— 

11 ‘‘(A) IN GENERAL.—The term ‘infant or 

12 toddler with a developmental delay or disability’ 

13 has the meaning given the term ‘infant or tod14 dler with a disability’ in section 632 of the Indi15 viduals with Disabilities Education Act (20 

16 U.S.C. 1432). 

17 ‘‘(B) PLURAL FORM.—The term ‘infants 

18 and toddlers with developmental delays or dis19 abilities’ means more than 1 infant or toddler 

20 with a developmental delay or disability. 

21 ‘‘(4) LIMITED ENGLISH PROFICIENT.—The 

22 term ‘limited English proficient’ has the meaning 

23 given the term in section 637 of the Head Start Act 

24 (42 U.S.C. 9832). 


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1 ‘‘(5) LOW-INCOME COMMUNITY.—The term 

2 ‘low-income community’ shall be defined by the Sec3 retary. 

4 ‘‘(6) LOW-INCOME FAMILY.—The term ‘low-in5 come family’ means a family with a family income 

6 described in section 658P(4)(B). 

7 ‘‘(b) GRANTS.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall make 

9 grants to eligible States, from allotments described 

10 in paragraph (2), to enable the States to improve 

11 the quality of care for infants and toddlers. 

12 ‘‘(2) ALLOTMENTS.— 

13 ‘‘(A) AMOUNTS RESERVED.— 

14 ‘‘(i) TERRITORIES AND POSSES15 SIONS.—The Secretary shall reserve an 

16 amount not to exceed 0.5 percent of the 

17 amount appropriated under this section for 

18 each fiscal year for payments to Guam, 

19 American Samoa, the United States Virgin 

20 Islands, and the Commonwealth of the 

21 Northern Mariana Islands, to be allotted in 

22 accordance with their respective needs. 

23 ‘‘(ii) INDIAN TRIBES.—The Secretary 

24 shall reserve not less than 1 percent, and 

25 not more than 2 percent, of the amount 


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1 appropriated under this section for each 

2 fiscal year for payments to Indian tribes 

3 and tribal organizations with applications 

4 approved under section 658O(c). 

5 ‘‘(B) ALLOTMENTS TO STATES.—After 

6 making reservations under subparagraph (A), 

7 the Secretary shall use the remainder of the 

8 amount appropriated under this section for a 

9 fiscal year to allot to each State an amount 

10 that bears the same relationship to that remain11 der as the amount allotted to the State under 

12 section 658O for that fiscal year bears to the 

13 amount allotted to all States under section 

14 658O for that fiscal year. 

15 ‘‘(C) STATE.—In this paragraph, the term 

16 ‘State’ does not include Guam, American 

17 Samoa, the United States Virgin Islands, or the 

18 Commonwealth of the Northern Mariana Is19 lands. 

20 ‘‘(c) AMENDMENT TO STATE PLANS.—A State that 

21 receives a grant under this section shall include in the 

22 State’s plan under section 658E, a description of how the 

23 State will use funds provided under this section to improve 

24 the quality of infant and toddler care. 

25 ‘‘(d) USE OF FUNDS.— 


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

2 grant under this section shall use the funds made 

3 available through the grant to carry out 1 or more 

4 of the activities described in paragraphs (2) through 

5 (7). 

6 ‘‘(2) INCREASING HIGH-QUALITY INFANT AND

7 TODDLER CARE.— 

8 ‘‘(A) IN GENERAL.—A State may use the 

9 funds described in paragraph (1) to make 

10 grants to eligible entities to be resources for eli11 gible infant and toddler care providers, to im12 prove the quality of early care and development 

13 services provided to infants and toddlers in the 

14 community from low-income families and to 

15 help such providers serving low-income families 

16 improve their capacity to offer high-quality care 

17 to such families. 

18 ‘‘(B) ELIGIBLE ENTITY.—To be eligible to 

19 receive a grant under this paragraph, an entity 

20 shall be an eligible child care provider that— 

21 ‘‘(i) serves infants and toddlers from 

22 low-income families; and 

23 ‘‘(ii)(I) is ranked at the top level of 

24 the State’s Quality Rating and Improve25 ment System or similar rating system or 


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1 accredited by a national accrediting body 

2 recognized, before the date of enactment of 

3 the Infant and Toddler Care Improvement 

4 Act, for high-quality program standards 

5 that are valid and reliable; or 

6 ‘‘(II) is an Early Head Start agency 

7 under section 645A of the Head Start Act 

8 (42 U.S.C. 9840a) that is in full compli9 ance with the performance standards appli10 cable to such an agency under the Head 

11 Start Act (42 U.S.C. 9831 et seq.). 

12 ‘‘(C) PRIORITY.—In making grants under 

13 this paragraph, a State— 

14 ‘‘(i) shall give priority to entities that 

15 will serve significant populations of low-in16 come families; and 

17 ‘‘(ii) may give priority to entities 

18 that— 

19 ‘‘(I) are located in low-income 

20 communities; 

21 ‘‘(II) will serve communities with 

22 significant populations of families 

23 with limited English proficiency; or 

24 ‘‘(III) will increase the ability of 

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1 ices and coordinate activities with 

2 State and local systems providing 

3 services under part C of the Individ4 uals with Disabilities Education Act 

5 (20 U.S.C. 1431 et seq.) for children 

6 with developmental delays or disabil7 ities, including such children in the 

8 child welfare system of the State. 

9 ‘‘(3) STAFFED FAMILY CHILD CARE NETWORKS

10 OR SYSTEMS.— 

11 ‘‘(A) IN GENERAL.—A State may use the 

12 funds described in paragraph (1) to make 

13 grants to organizations with expertise in pro14 viding child care and related technical assist15 ance, to establish and operate staffed family 

16 child care networks or systems that offer, to 

17 family child care providers who are eligible in18 fant and toddler care providers, technical assist19 ance, training, administrative support, or direct 

20 services including monitoring visits to providers. 

21 ‘‘(B) PRIORITY.—In making grants under 

22 this paragraph, a State— 

23 ‘‘(i) shall give priority to organizations 

24 described in paragraph (2)(C)(i); and 


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1 ‘‘(ii) may give priority to organiza2 tions that have 1 or more of the 3 charac3 teristics described in paragraph (2)(C)(ii). 

4 ‘‘(4) STATEWIDE NETWORK OF INFANT AND

5 TODDLER SPECIALISTS.— 

6 ‘‘(A) IN GENERAL.—A State may use the 

7 funds described in paragraph (1) to support, or 

8 to make a grant to an organization with exper9 tise in providing child care technical assistance 

10 to support, a statewide network of specialists 

11 who are eligible infant and toddler care pro12 viders, that shall— 

13 ‘‘(i) provide individual or group train14 ing and intensive consultation services to 

15 eligible infant and toddler care providers, 

16 including relative caregivers, on strategies 

17 to improve the quality of care for infants 

18 and toddlers; and 

19 ‘‘(ii) assist eligible infant and toddler 

20 care providers in coordinating activities 

21 with other offices responsible for child 

22 care, including Early Head Start programs 

23 and Head Start programs carried out 

24 under the Head Start Act (42 U.S.C. 9831 

25 et seq.). 


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1 ‘‘(B) PRIORITY.—In delivering services or 

2 making grants under this paragraph, a State— 

3 ‘‘(i) shall give priority to networks 

4 that deliver support to providers described 

5 in paragraph (2)(C)(i); and 

6 ‘‘(ii) may give priority to networks 

7 that deliver support to providers that have 

8 1 or more of the 3 characteristics de9 scribed in paragraph (2)(C)(ii). 

10 ‘‘(5) STATE WORKFORCE QUALITY INITIA11 TIVES.— 

12 ‘‘(A) IN GENERAL.—A State may use the 

13 funds described in paragraph (1) to support ini14 tiatives to improve the quality of the workforce 

15 of eligible infant and toddler care providers, 

16 such as— 

17 ‘‘(i) providing relevant training, pro18 fessional development, or mentoring to eli19 gible infant and toddler care providers, in20 cluding linking the training, development, 

21 or mentoring to career pathways for eligi22 ble infant and toddler care providers; 

23 ‘‘(ii) providing scholarships or other 

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1 dler care providers to advance their edu2 cation and training; 

3 ‘‘(iii) coordinating activities with the 

4 State’s higher education system to expand 

5 the availability and quality of coursework 

6 for infant and toddler care providers, in7 cluding developing career pathways for eli8 gible infant and toddler care providers; or 

9 ‘‘(iv) improving the State credential10 ing of eligible infant and toddler care pro11 viders. 

12 ‘‘(6) SYSTEMS QUALITY.—A State may use the 

13 funds described in paragraph (1) to— 

14 ‘‘(A) develop infant and toddler compo15 nents for the State’s Quality Rating and Im16 provement System or similar rating system, 

17 child care licensing regulations, or voluntary 

18 early learning guidelines; 

19 ‘‘(B) improve the ability of parents to ob20 tain information about high-quality infant and 

21 toddler care; or 

22 ‘‘(C) assist eligible infant and toddler care 

23 providers seeking to improve the quality of their 

24 infant and toddler care by increasing their 

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1 provement System or similar rating system, 

2 meeting performance standards applicable to an 

3 Early Head Start agency under the Head Start 

4 Act (42 U.S.C. 9831 et seq.), or becoming ac5 credited by a national accrediting body de6 scribed in paragraph (2)(B)(ii). 

7 ‘‘(7) OTHER HIGH-QUALITY INITIATIVES.—A 

8 State may use the funds described in paragraph (1) 

9 to carry out other activities determined by the State 

10 to improve the quality of infant and toddler care 

11 provided in the State and for which there is evidence 

12 that the activities will lead to improved infant and 

13 toddler safety, infant and toddler development, or in14 fant and toddler well-being. 

15 ‘‘(e) REPORTING.—A State that receives a grant 

16 under subsection (b) shall submit in the State’s annual 

17 reports required under section 658K(a)(2), information on 

18 how the State is using the funding provided under sub19 section (b) to improve the quality of infant and toddler 

20 care and the effect such funding is having on the quality 

21 of infant and toddler care in the State. 

22 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to carry out this section 

24 such sums as may be necessary for fiscal year 2013 and 

25 each subsequent fiscal year.’’. 


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1 SEC. 4. CONFORMING AMENDMENTS. 

2 (a) AUTHORIZATION.—Section 658B of the Child 

3 Care and Development Block Grant Act of 1990 (42 

4 U.S.C. 9858) is amended by inserting ‘‘(other than section 

5 658H)’’ after ‘‘subchapter’’. 

6 (b) ALLOTMENT.—Section 658O(a)(1) of such Act 

7 (42 U.S.C. 9858m(a)(1)) is amended by striking ‘‘this 

8 subchapter’’ and inserting ‘‘section 658B’’. 

Æ 


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