II 

112TH CONGRESS 

1ST SESSION S. 1435 

To amend part A of title IV of the Social Security Act to exclude child 

care from the determination of the 5-year limit on assistance under 

the temporary assistance for needy families program, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 28, 2011 

Mr. KERRY (for himself and Mr. FRANKEN) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To amend part A of title IV of the Social Security Act 

to exclude child care from the determination of the 5- 

year limit on assistance under the temporary assistance 

for needy families program, and for other purposes. 

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 ‘‘Children First Act of 

5 2011’’. 


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1 SEC. 2. EXCLUSION OF CHILD CARE FROM THE DEFINITION 

2 OF TANF ASSISTANCE. 

3 Section 408(a)(7) of the Social Security Act (42 

4 U.S.C. 608(a)(7)) is amended by adding at the end the 

5 following: 

6 ‘‘(H) LIMITATION ON MEANING OF ‘AS7 SISTANCE’ FOR FAMILIES RECEIVING CHILD

8 CARE.—For purposes of subparagraph (A), any 

9 funds provided under this part that are used to 

10 provide child care for a family during a month 

11 under the State program funded under this 

12 part shall not be considered assistance under 

13 the program.’’. 

14 SEC. 3. INCREASE IN FUNDING FOR CHILD CARE. 

15 Section 418(a)(3) of the Social Security Act (42 

16 U.S.C. 618(a)(3)) is amended— 

17 (1) by striking the period at the end of sub18 paragraph (G) and inserting a semicolon; and 

19 (2) by adding at the end the following: 

20 ‘‘(H) $3,417,000,000 for fiscal year 2012; 

21 ‘‘(I) $3,617,000,000 for fiscal year 2013; 

22 and 

23 ‘‘(J) $3,667,000,000 for each of fiscal 

24 years 2014 through 2021. 


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1 For amounts appropriated for grants under this sec2 tion for fiscal year 2011, see section 811(a) of Pub3 lic Law 111–291.’’. 

4 SEC. 4. APPLICABILITY OF STATE OR LOCAL HEALTH AND 

5 SAFETY STANDARDS TO OTHER TANF CHILD 

6 CARE SPENDING. 

7 Section 402(a) of the Social Security Act (42 U.S.C. 

8 602(a)) is amended by adding at the end the following: 

9 ‘‘(8) CERTIFICATION OF PROCEDURES TO EN10 SURE THAT CHILD CARE PROVIDERS COMPLY WITH

11 APPLICABLE STATE OR LOCAL HEALTH AND SAFETY

12 STANDARDS.—A certification by the chief executive 

13 officer of the State that procedures are in effect to 

14 ensure that any child care provider in the State that 

15 provides services funded through expenditures under 

16 this part or with qualified State expenditures com17 plies with all applicable State or local health and 

18 safety requirements as described in section 

19 658E(c)(2)(F) of the Child Care and Development 

20 Block Grant Act of 1990.’’. 

21 SEC. 5. AVAILABILITY OF CHILD CARE FOR PARENTS RE22 QUIRED TO WORK. 

23 Section 407(e)(2) of the Social Security Act (42 

24 U.S.C. 607(e)(2)) is amended— 


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1 (1) by inserting ‘‘or other individual with cus2 tody’’ after ‘‘parent’’; and 

3 (2) by striking ‘‘6’’ and inserting ‘‘13’’. 

4 SEC. 6. APPLICATION OF CHILD CARE AND DEVELOPMENT 

5 BLOCK GRANT ACT OF 1990 REPORTING 

6 RULES TO TANF FUNDS EXPENDED FOR 

7 CHILD CARE. 

8 (a) IN GENERAL.—Section 411(a) of the Social Secu9 rity Act (42 U.S.C. 611(a)) is amended— 

10 (1) by redesignating paragraph (7) as para11 graph (8); and 

12 (2) by inserting after paragraph (6), the fol13 lowing: 

14 ‘‘(7) APPLICATION OF CHILD CARE AND DEVEL15 OPMENT BLOCK GRANT ACT OF 1990 REPORTING

16 RULES TO FUNDS EXPENDED FOR CHILD CARE.— 

17 Any funds provided under this part that are ex18 pended for child care, whether or not transferred to 

19 the Child Care and Development Block Grant Act of 

20 1990, shall be subject to the individual and case 

21 data reporting requirements imposed under that Act 

22 and need not be included in the report required by 

23 paragraph (1) for a fiscal quarter.’’. 

24 (b) CONFORMING AMENDMENT.—Section 

25 411(a)(1)(A)(ix) of such Act (42 U.S.C. 611(a)(1)(A)(ix)) 


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1 is amended by striking ‘‘supplemental nutrition assistance 

2 program benefits, or subsidized child care, and if the latter 

3 2,’’ and inserting ‘‘or supplemental nutrition assistance 

4 program benefits, and if the latter,’’. 

5 SEC. 7. EFFECTIVE DATE. 

6 (a) IN GENERAL.—Subject to subsections (b) and (c), 

7 the amendments made by this Act shall take effect on Oc8 tober 1, 2011, and shall apply to payments under part 

9 A of title IV of the Social Security Act for calendar quar10 ters beginning on or after such date, without regard to 

11 whether regulations to implement the amendments are 

12 promulgated by such date. 

13 (b) APPLICATION OF REPORTING RULES.—The 

14 amendments made by section 6 shall take effect on Octo15 ber 1, 2012. 

16 (c) DELAY PERMITTED IF STATE LEGISLATION RE17 QUIRED.—In the case of a State plan under section 402(a) 

18 of the Social Security Act which the Secretary of Health 

19 and Human Services determines requires State legislation 

20 (other than legislation appropriating funds) in order for 

21 the plan to meet the additional requirements imposed by 

22 the amendments made by this Act, the State plan shall 

23 not be regarded as failing to comply with the requirements 

24 of such section 402(a) solely on the basis of the failure 

25 of the plan to meet such additional requirements before 


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1 the 1st day of the 1st calendar quarter beginning after 

2 the close of the 1st regular session of the State legislature 

3 that begins after the date of the enactment of this Act. 

4 For purposes of the previous sentence, in the case of a 

5 State that has a 2-year legislative session, each year of 

6 such session shall be deemed to be a separate regular ses7 sion of the State legislature. 

Æ 


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