I 

112TH CONGRESS 

2D SESSION H. R. 5188 

To provide guaranteed child care assistance for low-income families. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2012 

Mr. MCDERMOTT (for himself, Mr. GEORGE MILLER of California, Mr. 

STARK, Mr. LEWIS of Georgia, and Ms. MOORE) introduced the following 

bill; which was referred to the Committee on Ways and Means, and in 

addition to the Committee on Education and the Workforce, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To provide guaranteed child care assistance for low-income 

families. 

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 ‘‘Ensuring Child Care 

5 for Working Families Act of 2012’’. 

6 SEC. 2. CHILD CARE FUNDING. 

7 (a) IN GENERAL.—Section 418 of the Social Security 

8 Act (42 U.S.C. 618) is amended to read as follows: 


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1 ‘‘SEC. 418. FUNDING FOR CHILD CARE. 

2 ‘‘(a) GENERAL CHILD CARE ENTITLEMENT.— 

3 ‘‘(1) GENERAL ENTITLEMENT.—Each State 

4 shall, for the purpose of providing child care assist5 ance, be entitled to payments under a grant under 

6 this subsection for a fiscal year in an amount equal 

7 to the greater of— 

8 ‘‘(A) the total amount required to be paid 

9 to the State under section 403 for fiscal year 

10 1994 or 1995 (whichever is greater) with re11 spect to expenditures for child care under sub12 sections 402(g) and (i) of section 402 (as in ef13 fect before October 1, 1995); or 

14 ‘‘(B) the average of the total amounts re15 quired to be paid to the State for fiscal years 

16 1992 through 1994 under the subsections re17 ferred to in subparagraph (A). 

18 ‘‘(2) REMAINDER.— 

19 ‘‘(A) GRANTS.—The Secretary shall use 

20 any amounts appropriated for a fiscal year 

21 under paragraph (3) of this subsection, and re22 maining after grants are awarded under para23 graph (1) of this subsection, to make grants to 

24 States (and Indian tribes and tribal organiza25 tions with applications approved under section 

26 658O(c) of the Child Care and Development 


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1 Block Grant Act of 1990) in the amounts nec2 essary to provide guaranteed child care assist3 ance to the populations described in subsection 

4 (b)(2) of this section. 

5 ‘‘(B) FEDERAL MATCHING OF STATE EX6 PENDITURES EXCEEDING HISTORICAL EXPEND7 ITURES.—The Secretary shall pay to each eligi8 ble State for a fiscal year an amount equal to 

9 the Federal medical assistance percentage for 

10 the State for fiscal year (as defined in section 

11 1905(b), as such section was in effect on Sep12 tember 30, 1995) of so much of the State’s ex13 penditures for child care in that fiscal year as 

14 exceed the total amount of expenditures by the 

15 State (including expenditures from amounts 

16 made available from Federal funds) in fiscal 

17 year 1994 or 1995 (whichever is greater) for 

18 the programs described in paragraph (1)(A) of 

19 this subsection. 

20 ‘‘(3) APPROPRIATION.—For grants under this 

21 section, there are appropriated to the Secretary such 

22 sums as are necessary to carry out this section for 

23 each fiscal year. 

24 ‘‘(4) DATA USED TO DETERMINE STATE AND

25 FEDERAL SHARES OF EXPENDITURES.—In making 


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1 the determinations concerning expenditures required 

2 under paragraphs (1) and (2)(B), the Secretary 

3 shall use information that was reported by the State 

4 on ACF Form 231 and available as of the applicable 

5 dates specified in clauses (i)(I), (ii), and (iii)(III) of 

6 section 403(a)(1)(D). 

7 ‘‘(b) USE OF FUNDS.— 

8 ‘‘(1) IN GENERAL.—Amounts received by a 

9 State, Indian tribe, or tribal organization under this 

10 section shall be— 

11 ‘‘(A) used only to provide child care assist12 ance; and 

13 ‘‘(B) available for use without fiscal year 

14 limitation. 

15 ‘‘(2) CHILD CARE TO BE GUARANTEED FOR

16 CERTAIN POPULATIONS.—As a condition of receiving 

17 funds under this section, a State (or Indian tribe or 

18 tribal organization with an application approved 

19 under section 658O(c) of the Child Care and Devel20 opment Block Grant Act of 1990) shall guarantee 

21 child care assistance for a family with a dependent 

22 child requiring such care, if— 

23 ‘‘(A) the total income of the family does 

24 not exceed 200 percent of the poverty line 

25 (within the meaning of section 673(2) of the 


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1 Omnibus Budget Reconciliation Act of 1981, 

2 including any revision required by such section 

3 applicable to a family of the size involved); and 

4 ‘‘(B) the child care assistance will enable 

5 an individual in the family (including an indi6 vidual receiving assistance under the State pro7 gram funded under this part) to accept employ8 ment, remain employed, or participate in an 

9 education or training activity. 

10 ‘‘(c) APPLICATION OF CHILD CARE AND DEVELOP11 MENT BLOCK GRANT ACT OF 1990.—Notwithstanding 

12 any other provision of law, amounts provided to a State 

13 under this section shall be transferred to the lead agency 

14 under the Child Care and Development Block Grant Act 

15 of 1990, integrated by the State into the programs estab16 lished by the State under such Act, and be subject to the 

17 requirements and limitations of such Act. 

18 ‘‘(d) REGULATIONS.—The Secretary shall promul19 gate regulations to implement this section.’’. 

20 (b) EFFECTIVE DATE.—The amendment made by 

21 subsection (a) shall take effect on the 1st day of the 1st 

22 fiscal year that begins after the 12-month period that be23 gins with the date of the enactment of this Act. 

Æ 


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