II 

111TH CONGRESS 

2D SESSION S. 3667 

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 

JULY 29, 2010 

Mr. KERRY (for himself, Mrs. LINCOLN, 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 

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 2010’’. 


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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) $3,717,000,000 for fiscal year 2011; 

21 ‘‘(I) $3,773,000,000 for fiscal year 2012; 

22 ‘‘(J) $3,841,000,000 for fiscal year 2013; 

23 ‘‘(K) $3,917,000,000 for fiscal year 2014; 

24 and 

25 ‘‘(L) $3,996,000,000 for fiscal year 

26 2015.’’. 


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

2 SAFETY STANDARDS TO OTHER TANF CHILD 

3 CARE SPENDING. 

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

5 602(a)) is amended by adding at the end the following: 

6 ‘‘(8) CERTIFICATION OF PROCEDURES TO EN7 SURE THAT CHILD CARE PROVIDERS COMPLY WITH

8 APPLICABLE STATE OR LOCAL HEALTH AND SAFETY

9 STANDARDS.—A certification by the chief executive 

10 officer of the State that procedures are in effect to 

11 ensure that any child care provider in the State that 

12 provides services funded through expenditures under 

13 this part or with qualified State expenditures com14 plies with all applicable State or local health and 

15 safety requirements as described in section 

16 658E(c)(2)(F) of the Child Care and Development 

17 Block Grant Act of 1990.’’. 

18 SEC. 5. AVAILABILITY OF CHILD CARE FOR PARENTS RE19 QUIRED TO WORK. 

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

21 U.S.C. 607(e)(2)) is amended— 

22 (1) by inserting ‘‘or other individual with cus23 tody’’ after ‘‘parent’’; and 

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


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1 SEC. 6. 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 ‘‘supplemental nutrition assistance 

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

25 2,’’ and inserting ‘‘or supplemental nutrition assistance 

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


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1 SEC. 7. EFFECTIVE DATE. 

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

3 the amendments made by this Act shall take effect on Oc4 tober 1, 2010, and shall apply to payments under part 

5 A of title IV of the Social Security Act for calendar quar6 ters beginning on or after such date, without regard to 

7 whether regulations to implement the amendments are 

8 promulgated by such date. 

9 (b) APPLICATION OF REPORTING RULES.—The 

10 amendments made by section 6 shall take effect on Octo11 ber 1, 2011. 

12 (c) DELAY PERMITTED IF STATE LEGISLATION RE13 QUIRED.—In the case of a State plan under section 402(a) 

14 of the Social Security Act which the Secretary of Health 

15 and Human Services determines requires State legislation 

16 (other than legislation appropriating funds) in order for 

17 the plan to meet the additional requirements imposed by 

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

19 not be regarded as failing to comply with the requirements 

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

21 of the plan to meet such additional requirements before 

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

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

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

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

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


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1 such session shall be deemed to be a separate regular ses2 sion of the State legislature. 

Æ 


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