II 

109TH CONGRESS 

2D SESSION S. 3797 

To establish demonstration projects to provide at-home infant care benefits. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 3, 2006 

Mrs. CLINTON (for herself and Mr. JOHNSON) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To establish demonstration projects to provide at-home infant 

care benefits. 

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 ‘‘Choices in Child Care 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Currently, child care assistance for children 

9 from low-income working families is severely under10 funded, allowing only 1 in 7 eligible children to reVerDate Aug 31 2005 04:49 Aug 08, 2006 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3797.IS S3797

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1 ceive child care assistance for children from birth to 

2 age 13. 

3 (2) Funding for the Child Care and Develop4 ment Block Grant Act of 1990 has remained rel5 atively flat for 5 years, making it more difficult for 

6 children from eligible families to receive child care 

7 assistance. 

8 (3) In the majority of United States families, 

9 parents, whether married or single, must work to 

10 provide economic security for their families and, not 

11 the least, for the infants newly welcomed into the 

12 families. Fifty-five percent of women with children 

13 less than 1 year of age are part of the workforce, 

14 while 73 percent of women with children 1 year of 

15 age or older are in the workforce. 

16 (4) Research shows that the quality and nature 

17 of caretaking in the first months and years of life 

18 are critical to a young child’s subsequent brain de19 velopment, social development, and well-being. 

20 Healthy early development depends on nurturing 

21 and responsible relationships. 

22 (5) Research also shows that there is an ex23 treme shortage of quality, affordable child care for 

24 infants. Numerous studies document lack of infant 

25 care and, in particular, affordable care that meets 


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1 basic health and safety standards, particularly in 

2 rural areas. The current number of infant slots of 

3 licensed child care providers can only meet 18 per4 cent of the potential need. The shortage is even 

5 more acute in rural areas, especially those with a 

6 high percentage of low-wage residents. 

7 (6) For the well-being of United States chil8 dren, and for the economic security of the families 

9 on which the children depend, working parents 

10 should be able to provide child care for infants them11 selves without undermining family economic sta12 bility. 

13 SEC. 3. AT-HOME INFANT CARE. 

14 The Child Care and Development Block Grant Act 

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

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

17 ‘‘SEC. 658H. DEMONSTRATION PROJECTS TO PROVIDE AT18 HOME INFANT CARE BENEFITS. 

19 ‘‘(a) AUTHORITY TO AWARD GRANTS.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall award 

21 grants to not less than 5 and not more than 7 

22 States to enable such States to carry out demonstra23 tion projects to provide at-home infant care benefits 

24 to eligible low-income families. 


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1 ‘‘(2) INDIAN TRIBES.—The Secretary may 

2 award grants to Indian tribes under this subsection. 

3 An Indian tribe that receives a grant under this sub4 section shall carry out a demonstration project to 

5 provide at-home infant care benefits to eligible low6 income families. The Indian tribe shall carry out the 

7 demonstration project in the same manner, and to 

8 the same extent, as a State that receives a grant 

9 under this subsection, except that the Secretary may 

10 modify the requirements of this section as appro11 priate with respect to the Indian tribe. 

12 ‘‘(3) CALCULATION.—Any grant awarded to an 

13 Indian tribe under paragraph (2) shall not be count14 ed in determining the number of grants awarded to 

15 States under paragraph (1). 

16 ‘‘(b) DEMONSTRATION PROJECTS.— 

17 ‘‘(1) APPLICATION FOR PARTICIPATION AND SE18 LECTION OF STATES.— 

19 ‘‘(A) IN GENERAL.—To be eligible to par20 ticipate in the program carried out under this 

21 section and receive a grant under subsection (a) 

22 to carry out a demonstration project, a State 

23 shall submit an application to the Secretary at 

24 such time, in such manner, and containing such 

25 information as the Secretary may require. 


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1 ‘‘(B) NOTICE.—Not later than 90 days 

2 after the date of enactment of Choices in Child 

3 Care Act, the Secretary shall publish in the 

4 Federal Register a notice of opportunity to par5 ticipate in the program and receive such a 

6 grant, specifying the contents of an application 

7 described in subparagraph (A). The notice shall 

8 include a timeframe for States to submit such 

9 an application, and shall provide that all such 

10 applications shall be submitted not later than 

11 270 days after such date of enactment. 

12 ‘‘(C) SELECTION.— 

13 ‘‘(i) IN GENERAL.—The Secretary 

14 shall review the applications and select the 

15 participating States not later than 1 year 

16 after such date of enactment. 

17 ‘‘(ii) CRITERIA.—In selecting the par18 ticipating States, the Secretary shall— 

19 ‘‘(I) seek to ensure geographic di20 versity; and 

21 ‘‘(II) give priority to States— 

22 ‘‘(aa) whose applications 

23 demonstrate a strong commit24 ment to improving the quality of 


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1 infant care and the choices avail2 able to parents of infants; 

3 ‘‘(bb) with experience rel4 evant to the operation of at-home 

5 infant care programs; and 

6 ‘‘(cc) in which there are de7 monstrable shortages of infant 

8 care. 

9 ‘‘(2) REQUIRED CERTIFICATIONS.—A State se10 lected to be a participating State shall provide cer11 tifications to the Secretary, with respect to the dem12 onstration project to be carried out by the State, 

13 that— 

14 ‘‘(A) during the period during which the 

15 State carries out the demonstration project, the 

16 State will not reduce expenditures for child care 

17 services below the level of such expenditures 

18 made by the State in the fiscal year preceding 

19 the fiscal year in which the State began to 

20 carry out the project; 

21 ‘‘(B) the State, in carrying out the dem22 onstration project— 

23 ‘‘(i) will not give priority or preference 

24 to— 


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1 ‘‘(I) eligible low-income families 

2 seeking to receive at-home infant care 

3 benefits through the demonstration 

4 project; over 

5 ‘‘(II) other eligible low-income 

6 families on a waiting list for child 

7 care assistance through another pro8 gram in the State; but 

9 ‘‘(ii) will select a combination of fami10 lies described in clause (i)(I) and families 

11 described in (i)(II) to receive at-home in12 fant care benefits; 

13 ‘‘(C) the State will— 

14 ‘‘(i) provide parents applying to re15 ceive at-home infant care benefits with in16 formation on the range of options for child 

17 care available to the parents; 

18 ‘‘(ii) ensure that approved applicants 

19 for at-home infant care benefits are per20 mitted to choose between receipt of at21 home infant care benefit subsidies, and re22 ceipt of certificates that may be used with 

23 an eligible child care provider for child care 

24 needed for employment; and 


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1 ‘‘(iii) provide that a family receiving 

2 at-home infant care benefit subsidies may 

3 exchange the subsidies for certificates de4 scribed in clause (ii) at any time during 

5 the family’s participation in the dem6 onstration project; 

7 ‘‘(D) the State will develop or update, and 

8 implement, a plan to improve the quality of in9 fant care in the State, and provide parent edu10 cation and support services to participants in 

11 the demonstration project; and 

12 ‘‘(E) the State will cooperate with informa13 tion collection and evaluations conducted by the 

14 Secretary. 

15 ‘‘(3) FAMILY ELIGIBILITY.— 

16 ‘‘(A) IN GENERAL.—To be eligible to re17 ceive at-home infant care benefits through a 

18 demonstration project under this section, a 

19 family shall— 

20 ‘‘(i) have a family income that does 

21 not exceed the limit specified in section 

22 658P(4)(B); 

23 ‘‘(ii) include a child under the age of 

24 12 months (or, at the election of the State 


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1 carrying out the demonstration project, 24 

2 months); 

3 ‘‘(iii) include a parent who had a re4 cent work history (as determined in ac5 cordance with the State’s requirements for 

6 such a work history) prior to application 

7 for the at-home infant care benefits; and 

8 ‘‘(iv) meet such other eligibility re9 quirements as the State may establish. 

10 ‘‘(B) TWO-PARENT FAMILIES.—A State se11 lected to carry out a demonstration project 

12 under this section shall permit 2-parent families 

13 to participate in the project but may not limit 

14 participation in the project to such families. 

15 ‘‘(4) AMOUNT OF ASSISTANCE.—The amount of 

16 an at-home infant care benefit provided to an eligi17 ble low-income family under this section for a month 

18 shall not exceed the monthly amount obtained by ap19 plying 100 percent of the State’s maximum rate for 

20 a licensed family child care provider for full-time in21 fant care. 

22 ‘‘(5) TANF ASSISTANCE.—The receipt of an at23 home infant care benefit under this section shall not 

24 be considered to be assistance for any purpose under 

25 the program of block grants to States for temporary 


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1 assistance for needy families established under part 

2 A of title IV of the Social Security Act (42 U.S.C. 

3 601 et seq.). 

4 ‘‘(6) BENEFIT NOT TREATED AS INCOME.— 

5 Notwithstanding any other provision of law, the 

6 value of an at-home infant care benefit shall not be 

7 treated as income for purposes of any Federal or 

8 federally-assisted program that bases eligibility, or 

9 the amount of benefits or services provided, on need. 

10 ‘‘(c) EVALUATION AND REPORT TO CONGRESS.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall con12 duct an evaluation of the demonstration projects 

13 carried out under this section and submit a report 

14 to Congress containing the results of such evaluation 

15 not later than 4 years after the date of enactment 

16 of Choices in Child Care Act. 

17 ‘‘(2) REQUIREMENTS.—In conducting the eval18 uation, the Secretary shall examine the following: 

19 ‘‘(A) Implementation experiences of the 

20 States carrying out the demonstration projects 

21 in developing and operating projects providing 

22 at-home infant care benefits, including design 

23 issues and issues in coordinating at-home infant 

24 care benefits provided under this section with 


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1 benefits provided or funded under another pro2 vision of this Act in the State. 

3 ‘‘(B) The characteristics of families seek4 ing to participate and participating in the dem5 onstration projects providing at-home infant 

6 care benefits funded under this section. 

7 ‘‘(C) The length of participation by fami8 lies in such demonstration projects and the rea9 sons for the families ceasing to participate in 

10 the demonstration projects. 

11 ‘‘(D) The prior and subsequent employ12 ment of the participating families and the effect 

13 of the demonstration project participation on 

14 subsequent employment of the families. 

15 ‘‘(E) The costs and benefits of the dem16 onstration projects. 

17 ‘‘(F) The effectiveness of State efforts (in18 cluding tribal efforts) to improve the quality of 

19 infant care during the periods in which the 

20 demonstration projects are carried out. 

21 ‘‘(3) RESERVATION OF FUNDS.—From the 

22 amount appropriated under section 658B(b) for a 

23 fiscal year, the Secretary shall reserve $1,000,000 

24 for purposes of conducting the evaluation required 

25 under this subsection.’’. 


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1 SEC. 4. AUTHORIZATION OF APPROPRIATIONS AND CON2 FORMING AMENDMENTS. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 658B of the Child Care and Development Block Grant Act 

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

6 (1) by inserting: ‘‘(a) IN GENERAL.—’’ before 

7 ‘‘There is’’; 

8 (2) by inserting ‘‘(other than section 658H)’’ 

9 after ‘‘this subchapter’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(b) DEMONSTRATION PROJECTS TO PROVIDE AT12 HOME INFANT CARE BENEFITS.—There is authorized to 

13 be appropriated to carry out section 658H $75,000,000 

14 for fiscal year 2007 and each subsequent fiscal year.’’. 

15 (b) CONFORMING AMENDMENTS.— 

16 (1) RESERVATIONS.—Section 658O(a) of the 

17 Child Care and Development Block Grant Act of 

18 1990 (42 U.S.C. 9858m(a)) is amended— 

19 (A) in paragraph (1), by striking ‘‘under 

20 this subchapter’’ and inserting ‘‘under section 

21 658B(a)’’; and 

22 (B) in paragraph (2), by striking ‘‘under 

23 section 658B’’ and inserting ‘‘under section 

24 658B(a)’’. 

25 (2) ALLOTMENTS.—Section 658O(b)(1) of such 

26 Act (42 U.S.C. 9858m(b)(1)) is amended by striking 


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1 ‘‘under section 658B’’ and inserting ‘‘under section 

2 658B(a)’’. 

Æ 


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