II 

108TH CONGRESS 

1ST SESSION S. 261

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 to needy families program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 30, 2003

Mr. BINGAMAN (for himself, Mr. KERRY, Mr. DASCHLE, Mr. KENNEDY, Ms. 

LANDRIEU, Mr. SARBANES, Mrs. LINCOLN, Mrs. MURRAY, Mr. LEVIN, 

Mr. CORZINE, Mrs. CLINTON, Mr. JOHNSON, Mr. AKAKA, Mr. LEAHY, 

Mr. DODD, Mr. LAUTENBERG, and Mr. REED) 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 

to 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 2003’’. 
2

•S 261 IS 

1 SEC. 2. EXCLUSION OF CHILD CARE FROM DETERMINA2 TION OF 5-YEAR LIMIT. 

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 (a) INCREASE IN FUNDING.—Section 418(a)(3) of 

16 the Social Security Act (42 U.S.C. 618(a)(3)) is amend17 ed—

18 (1) by striking ‘‘and’’ at the end of subpara19 graph (E); 

20 (2) by striking the period at the end of sub21 paragraph (F) and inserting a semicolon; and 

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

23 ‘‘(G) $3,967,000,000 for fiscal year 2003; 

24 ‘‘(H) $4,467,000,000 for fiscal year 2004; 

25 ‘‘(I) $4,967,000,000 for fiscal year 2005; 
3

•S 261 IS 

1 ‘‘(J) $5,467,000,000 for fiscal year 2006; 

2 and 

3 ‘‘(K) $5,967,000,000 for fiscal year 

4 2007.’’. 

5 (b) INCREASE IN SET ASIDE FOR CHILD CARE QUAL6 ITY.—Section 658G of the Child Care and Development 

7 Block Grant Act of 1990 (42 U.S.C. 9858e) is amended 

8 by striking ‘‘4 percent’’ and inserting ‘‘10 percent’’. 

9 SEC. 4. CLARIFICATION OF AUTHORITY OF STATES TO USE 

10 TANF FUNDS CARRIED OVER FROM PRIOR 

11 YEARS TO PROVIDE TANF BENEFITS AND 

12 SERVICES. 

13 Section 404(e) of the Social Security Act (42 U.S.C. 

14 604(e)) is amended—

15 (1) in the subsection heading, by striking ‘‘AS16 SISTANCE’’ and inserting ‘‘BENEFITS OR SERVICES’’; 

17 and 

18 (2) after the heading, by striking ‘‘assistance’’ 

19 and inserting ‘‘any benefit or service that may be 

20 provided’’. 
4

•S 261 IS 

1 SEC. 5. APPLICATION OF CHILD CARE AND DEVELOPMENT 

2 BLOCK GRANT ACT OF 1990 REPORTING 

3 RULES TO TANF FUNDS EXPENDED FOR 

4 CHILD CARE. 

5 (a) IN GENERAL.—Section 411(a) of the Social Secu6 rity Act (42 U.S.C. 611(a)) is amended—

7 (1) by redesignating paragraph (7) as para8 graph (8); and 

9 (2) by inserting after paragraph (6), the fol10 lowing: 

11 ‘‘(7) APPLICATION OF CHILD CARE AND DEVEL12 OPMENT BLOCK GRANT ACT OF 1990 REPORTING

13 RULES TO FUNDS EXPENDED FOR CHILD CARE.—

14 Any funds provided under this part that are ex15 pended for child care, whether or not transferred to 

16 the Child Care and Development Block Grant Act of 

17 1990, shall be subject to the individual and case 

18 data reporting requirements imposed under that Act 

19 and need not be included in the report required by 

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

21 (b) CONFORMING AMENDMENT.—Section 

22 411(a)(1)(A)(ix) of such Act (42 U.S.C. 611(a)(1)(A)(ix)) 

23 is amended by striking ‘‘food stamps, or subsidized child 

24 care, and if the latter 2,’’ and inserting ‘‘or food stamps, 

25 and if the latter,’’. 
5

•S 261 IS 

1 SEC. 6. EFFECTIVE DATE. 

2 (a) IN GENERAL.—Except as provided in subsection 

3 (b), the amendments made by this Act shall take effect 

4 as if enacted on October 1, 2002, and shall apply to pay5 ments under part A of title IV of the Social Security Act 

6 for calendar quarters beginning on or after such date, 

7 without regard to whether regulations to implement the 

8 amendments are promulgated by such date. 

9 (b) DELAY PERMITTED IF STATE LEGISLATION RE10 QUIRED.—In the case of a State plan under section 402(a) 

11 of the Social Security Act which the Secretary of Health 

12 and Human Services determines requires State legislation 

13 (other than legislation appropriating funds) in order for 

14 the plan to meet the additional requirements imposed by 

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

16 not be regarded as failing to comply with the requirements 

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

18 of the plan to meet such additional requirements before 

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

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

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

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

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

24 such session shall be deemed to be a separate regular ses25 sion of the State legislature.

Æ