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.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children First Act of 2010''.

SEC. 2. EXCLUSION OF CHILD CARE FROM THE DEFINITION OF TANF ASSISTANCE.

    Section 408(a)(7) of the Social Security Act (42 U.S.C. 608(a)(7)) 
is amended by adding at the end the following:
                    ``(H) Limitation on meaning of `assistance' for 
                families receiving child care.--For purposes of 
                subparagraph (A), any funds provided under this part 
                that are used to provide child care for a family during 
                a month under the State program funded under this part 
                shall not be considered assistance under the 
                program.''.

SEC. 3. INCREASE IN FUNDING FOR CHILD CARE.

    Section 418(a)(3) of the Social Security Act (42 U.S.C. 618(a)(3)) 
is amended--
            (1) by striking the period at the end of subparagraph (G) 
        and inserting a semicolon; and
            (2) by adding at the end the following:
                    ``(H) $3,717,000,000 for fiscal year 2011;
                    ``(I) $3,773,000,000 for fiscal year 2012;
                    ``(J) $3,841,000,000 for fiscal year 2013;
                    ``(K) $3,917,000,000 for fiscal year 2014; and
                    ``(L) $3,996,000,000 for fiscal year 2015.''.

SEC. 4. APPLICABILITY OF STATE OR LOCAL HEALTH AND SAFETY STANDARDS TO 
              OTHER TANF CHILD CARE SPENDING.

    Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is 
amended by adding at the end the following:
            ``(8) Certification of procedures to ensure that child care 
        providers comply with applicable state or local health and 
        safety standards.--A certification by the chief executive 
        officer of the State that procedures are in effect to ensure 
        that any child care provider in the State that provides 
        services funded through expenditures under this part or with 
        qualified State expenditures complies with all applicable State 
        or local health and safety requirements as described in section 
        658E(c)(2)(F) of the Child Care and Development Block Grant Act 
        of 1990.''.

SEC. 5. AVAILABILITY OF CHILD CARE FOR PARENTS REQUIRED TO WORK.

    Section 407(e)(2) of the Social Security Act (42 U.S.C. 607(e)(2)) 
is amended--
            (1) by inserting ``or other individual with custody'' after 
        ``parent''; and
            (2) by striking ``6'' and inserting ``13''.

SEC. 6. APPLICATION OF CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 
              1990 REPORTING RULES TO TANF FUNDS EXPENDED FOR CHILD 
              CARE.

    (a) In General.--Section 411(a) of the Social Security Act (42 
U.S.C. 611(a)) is amended--
            (1) by redesignating paragraph (7) as paragraph (8); and
            (2) by inserting after paragraph (6), the following:
            ``(7) Application of child care and development block grant 
        act of 1990 reporting rules to funds expended for child care.--
        Any funds provided under this part that are expended for child 
        care, whether or not transferred to the Child Care and 
        Development Block Grant Act of 1990, shall be subject to the 
        individual and case data reporting requirements imposed under 
        that Act and need not be included in the report required by 
        paragraph (1) for a fiscal quarter.''.
    (b) Conforming Amendment.--Section 411(a)(1)(A)(ix) of such Act (42 
U.S.C. 611(a)(1)(A)(ix)) is amended by striking ``supplemental 
nutrition assistance program benefits, or subsidized child care, and if 
the latter 2,'' and inserting ``or supplemental nutrition assistance 
program benefits, and if the latter,''.

SEC. 7. EFFECTIVE DATE.

    (a) In General.--Subject to subsections (b) and (c), the amendments 
made by this Act shall take effect on October 1, 2010, and shall apply 
to payments under part A of title IV of the Social Security Act for 
calendar quarters beginning on or after such date, without regard to 
whether regulations to implement the amendments are promulgated by such 
date.
    (b) Application of Reporting Rules.--The amendments made by section 
6 shall take effect on October 1, 2011.
    (c) Delay Permitted if State Legislation Required.--In the case of 
a State plan under section 402(a) of the Social Security Act which the 
Secretary of Health and Human Services determines requires State 
legislation (other than legislation appropriating funds) in order for 
the plan to meet the additional requirements imposed by the amendments 
made by this Act, the State plan shall not be regarded as failing to 
comply with the requirements of such section 402(a) solely on the basis 
of the failure of the plan to meet such additional requirements before 
the 1st day of the 1st calendar quarter beginning after the close of 
the 1st regular session of the State legislature that begins after the 
date of the enactment of this Act. For purposes of the previous 
sentence, in the case of a State that has a 2-year legislative session, 
each year of such session shall be deemed to be a separate regular 
session of the State legislature.

Summary: Children First Act of 2010 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to: (1) exclude child care assistance from the determination of the five-year limit on TANF assistance; and (2) increase funding for child care.

Requires an eligible state's TANF plan to include a certification by the state's chief executive officer that procedures are in effect to ensure that any child care provider in the state that provides services funded through TANF expenditures or with qualified state expenditures complies with all applicable state or local health and safety requirements under the Child Care and Development Block Grant Act of 1990.

Increases from 5 to 12 the maximum age of a child for which a single custodial parent who is unable to find child care for such child will not penalized with a reduction or termination of TANF assistance based on that individual's refusal to engage in required work in order to take care of the child.

Subjects to the individual and case data reporting requirements of the Child Care and Development Block Grant Act of 1990 any TANF funds expended for child care, whether or not transferred to that Act, and exempts such funds from SSA reporting requirements.