I 112th CONGRESS 2d Session H. R. 5188 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.

Short title

This Act may be cited as the Ensuring Child Care for Working Families Act of 2012.

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:

418.

Funding for child care

(a)

General child care entitlement

(1)

General entitlement

Each State shall, for the purpose of providing child care assistance, 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 respect to expenditures for child care under subsections 402(g) and (i) of section 402 (as in effect before October 1, 1995); or (B)the average of the total amounts required to be paid to the State for fiscal years 1992 through 1994 under the subsections referred 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 remaining after grants are awarded under paragraph (1) of this subsection, to make grants to States (and Indian tribes and tribal organizations with applications approved under section 658O(c) of the Child Care and Development Block Grant Act of 1990) in the amounts necessary to provide guaranteed child care assistance to the populations described in subsection (b)(2) of this section. (B)

Federal matching of state expenditures exceeding historical expenditures

The Secretary shall pay to each eligible 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 September 30, 1995) of so much of the State's expenditures 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 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 assistance; 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 Development 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 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 individual receiving assistance under the State program funded under this part) to accept employment, remain employed, or participate in an education or training activity. (c)

Application of child care and development 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 established by the State under such Act, and be subject to the requirements and limitations of such Act. (d)

Regulations

The Secretary shall promulgate 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 begins with the date of the enactment of this Act.