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 consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To provide guaranteed child care assistance for low-income 
families. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ensuring Child Care 
for Working Families Act of 2012’’. 
SEC. 2. CHILD CARE FUNDING. 
(a) IN GENERAL.—Section 418 of the Social Security 
Act (42 U.S.C. 618) is amended to read as follows: 
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‘‘SEC. 418. FUNDING FOR CHILD CARE. 
‘‘(a) GENERAL CHILD CARE ENTITLEMENT.— 
‘‘(1) GENERAL
ENTITLEMENT.—Each State 
shall, for the purpose of providing child care assist-
ance, be entitled to payments under a grant under 
this subsection for a fiscal year in an amount equal 
to the greater of— 
‘‘(A) the total amount required to be paid 
to the State under section 403 for fiscal year 
1994 or 1995 (whichever is greater) with re-
spect to expenditures for child care under sub-
sections 402(g) and (i) of section 402 (as in ef-
fect before October 1, 1995); or 
‘‘(B) the average of the total amounts re-
quired to be paid to the State for fiscal years 
1992 through 1994 under the subsections re-
ferred to in subparagraph (A). 
‘‘(2) REMAINDER.— 
‘‘(A) GRANTS.—The Secretary shall use 
any amounts appropriated for a fiscal year 
under paragraph (3) of this subsection, and re-
maining after grants are awarded under para-
graph (1) of this subsection, to make grants to 
States (and Indian tribes and tribal organiza-
tions with applications approved under section 
658O(c) of the Child Care and Development 
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Block Grant Act of 1990) in the amounts nec-
essary to provide guaranteed child care assist-
ance to the populations described in subsection 
(b)(2) of this section. 
‘‘(B) FEDERAL MATCHING OF STATE EX-
PENDITURES EXCEEDING HISTORICAL EXPEND-
ITURES.—The Secretary shall pay to each eligi-
ble State for a fiscal year an amount equal to 
the Federal medical assistance percentage for 
the State for fiscal year (as defined in section 
1905(b), as such section was in effect on Sep-
tember 30, 1995) of so much of the State’s ex-
penditures for child care in that fiscal year as 
exceed the total amount of expenditures by the 
State (including expenditures from amounts 
made available from Federal funds) in fiscal 
year 1994 or 1995 (whichever is greater) for 
the programs described in paragraph (1)(A) of 
this subsection. 
‘‘(3) APPROPRIATION.—For grants under this 
section, there are appropriated to the Secretary such 
sums as are necessary to carry out this section for 
each fiscal year. 
‘‘(4) DATA USED TO DETERMINE STATE AND 
FEDERAL SHARES OF EXPENDITURES.—In making 
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the determinations concerning expenditures required 
under paragraphs (1) and (2)(B), the Secretary 
shall use information that was reported by the State 
on ACF Form 231 and available as of the applicable 
dates specified in clauses (i)(I), (ii), and (iii)(III) of 
section 403(a)(1)(D). 
‘‘(b) USE OF FUNDS.— 
‘‘(1) IN
GENERAL.—Amounts received by a 
State, Indian tribe, or tribal organization under this 
section shall be— 
‘‘(A) used only to provide child care assist-
ance; and 
‘‘(B) available for use without fiscal year 
limitation. 
‘‘(2) CHILD
CARE
TO
BE
GUARANTEED
FOR 
CERTAIN POPULATIONS.—As a condition of receiving 
funds under this section, a State (or Indian tribe or 
tribal organization with an application approved 
under section 658O(c) of the Child Care and Devel-
opment Block Grant Act of 1990) shall guarantee 
child care assistance for a family with a dependent 
child requiring such care, if— 
‘‘(A) the total income of the family does 
not exceed 200 percent of the poverty line 
(within the meaning of section 673(2) of the 
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Omnibus Budget Reconciliation Act of 1981, 
including any revision required by such section 
applicable to a family of the size involved); and 
‘‘(B) the child care assistance will enable 
an individual in the family (including an indi-
vidual receiving assistance under the State pro-
gram funded under this part) to accept employ-
ment, remain employed, or participate in an 
education or training activity. 
‘‘(c) APPLICATION OF CHILD CARE AND DEVELOP-
MENT BLOCK GRANT ACT OF 1990.—Notwithstanding 
any other provision of law, amounts provided to a State 
under this section shall be transferred to the lead agency 
under the Child Care and Development Block Grant Act 
of 1990, integrated by the State into the programs estab-
lished by the State under such Act, and be subject to the 
requirements and limitations of such Act. 
‘‘(d) REGULATIONS.—The Secretary shall promul-
gate regulations to implement this section.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the 1st day of the 1st 
fiscal year that begins after the 12-month period that be-
gins with the date of the enactment of this Act. 
Æ 
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