No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 535 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 535
To reauthorize the Child Care and Development Block Grant Act of 1990,
to improve access to relative caregivers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 12, 2025
Mr. Banks introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To reauthorize the Child Care and Development Block Grant Act of 1990,
to improve access to relative caregivers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Respect Parents' Childcare Choices
Act''.
SEC. 2. AMENDMENTS TO THE CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF
1990.
(a) Authorization of Appropriations.--Section 658B of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is
amended by striking ``this subchapter'' and all that follows and
inserting the following: ``this subchapter, $14,000,000,000 for each of
fiscal years 2026 through 2031.''.
(b) Application and Plan.--Section 658E(c) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended--
(1) in paragraph (2)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Parental choice of providers.--Provide
assurances that--
``(i) the parent or parents of each
eligible child within the State, who receives
or is offered child care services for which
financial assistance is provided under this
subchapter, are given the option to receive a
child care certificate as defined in section
658P(2); and
``(ii) all direct services authorized in
this subchapter will be provided via child care
certificates.'';
(B) in subparagraph (F)--
(i) in clause (i), by inserting ``(not
including in-home child care providers and
relative caregivers)'' after ``within the
State''; and
(ii) in clause (ii), by inserting ``(other
than in-home child care providers and relative
caregivers)'' after ``described in clause
(i)'';
(C) in subparagraph (G)--
(i) in clause (i)--
(I) in the first sentence, by
inserting ``(if any)'' after ``within
the State''; and
(II) in the second sentence, by
inserting ``, except that such
requirements shall not apply to in-home
child care providers and relative
caregivers'' before the period; and
(ii) in clause (ii)(I), by striking
``(which may include encouraging the pursuit of
postsecondary education),'';
(D) in subparagraph (K)(i)(II)--
(i) in item (aa), by inserting ``(not
including in-home child care providers and
relative caregivers or their facilities)''
before the semicolon; and
(ii) in item (bb), by inserting ``(not
including in-home child care providers and
relative caregivers or their facilities)''
after ``facility in the State'';
(E) in subparagraph (M), by adding at the end the
following flush sentence:
``Nothing in this subchapter shall be construed to
imply that States are required to provide a portion of
the delivery of direct services through grants or
contracts.'';
(F) in subparagraph (N)--
(i) by striking ``(N)'' and all that
precedes clause (i) and inserting the
following:
``(N) Protection for working and newly married
parents.--'';
(ii) in clause (i)(I)--
(I) by striking ``85 percent of'';
and
(II) by striking ``of the same
size'' and inserting ``with the same
number of children and parents as
prescribed in section 658P(4)'';
(iii) in clause (iii)--
(I) by inserting before ``At the
option'' the following:
``(I) Cessation of work, training,
or education.--''; and
(II) by adding at the end the
following:
``(II) Marriage of an unmarried
parent.--The plan shall certify that
the State will not terminate assistance
provided to carry out this subchapter
based on a factor consisting of an
unmarried parent's marriage which
causes the family income to rise above
the State median income for a family
with the same number of children and
parents as prescribed in section
658P(4), without continuing the
assistance for at least 6 months after
such marriage.'';
(iv) in clause (iv)--
(I) by striking ``for children of
parents'' and inserting the following:
``for children of--
``(I) parents''; and
(II) by striking ``85 percent of
the State median income for a family of
the same size'' and inserting the
following: ``the State median income
for a family with the same number of
children and parents as prescribed in
section 658P(4); or
``(II) parents who married
following the initial determination or
most recent redetermination whose
family income now exceeds the State's
income limit to qualify for such
assistance due to the addition of their
spouse's income.''; and
(G) by adding at the end the following:
``(W) Notification of program coverage for relative
caregivers.--The plan shall certify that the State
will--
``(i) clearly post on the State's website
described in subparagraph (E)(III); and
``(ii) annually notify the parents of each
eligible child receiving a child care
certificate under this subchapter that such
certificates may be used--
``(I) as a payment to a relative
caregiver including the child's
grandparent, great grandparent, adult
sibling, aunt, or uncle; or
``(II) as a disbursement to married
parents in which at least one parent is
acting as a relative caregiver to the
parent's own eligible child, so long as
such families are in compliance with
the income and work requirements
described in section 658P(4)(C)(iii).
``(X) Review of requirements on relative
caregivers.--The plan shall include certification that
the State will (at least once every 5 years) review
State and local regulations, requirements, and
licensing standards applicable to relative caregivers
to identify burdensome or redundant requirements that
are unnecessary to protect the health and safety of
children and that--
``(i) limit or lower the number of relative
caregivers who care for eligible children under
this subchapter; or
``(ii) prevent parents from choosing to
have a relative caregiver provide childcare for
their eligible child.'';
(2) in paragraph (3)(E)(ii), by striking ``70 percent to
fund direct services (provided by the State) in accordance with
paragraph (2)(A)'' and inserting ``90 percent to fund direct
services (provided by the State) via child care certificates'';
and
(3) in paragraph (4)--
(A) by redesignating subparagraph (C) as
subparagraph (D); and
(B) by inserting after subparagraph (B), the
following:
``(C) Payment rate.--The State plan shall certify
that the payment rate to relative caregivers is not
less than 75 percent of the rate for family child care
providers for children of the same age and in the same
geographic location.''.
(c) Limitations.--Section 658F(b)(2) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858d(b)(2)) is
amended--
(1) in the paragraph heading, by striking ``Sectarian'' and
inserting ``Religious''; and
(2) by striking ``sectarian'' and inserting ``religious''.
(d) Improving the Quality of Child Care.--Section 658G of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is
amended--
(1) in subsection (a), by striking paragraphs (2) and (3)
and inserting the following:
``(2) Amount of reservations.--Such State shall reserve and
use--
``(A) not more than 9 percent of the funds
described in paragraph (1) each year to carry out the
activities described in paragraph (1); and
``(B) in addition to the funds reserved under
subparagraph (A), 3 percent of the funds described in
paragraph (1) to carry out the activities described in
paragraph (1) and subsection (b)(4), as such activities
relate to the quality of care for infants and
toddlers.''; and
(2) in subsection (b)(1)--
(A) in subparagraph (F), by adding ``and'' at the
end;
(B) in subparagraph (G), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (H).
(e) Reports.--Section 658K(a) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858i(a)) is amended--
(1) in paragraph (1)(B)(vii), by striking ``home care'' and
inserting ``in-home care''; and
(2) in paragraph (2)(C), by striking ``contracts,''.
(f) Hotline and Website.--Section 658L(b)(2)(B) of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858j(b)(2)(B)) is
amended--
(1) in clause (iv), by striking ``and'' at the end;
(2) in clause (v), by striking the period and inserting ``;
and''; and
(3) by adding at the end the following:
``(vi) notice that the parents of eligible
children may use child care certificates--
``(I) as a payment to a relative
caregiver including the child's
grandparent, great grandparent, adult
sibling, aunt, or uncle; or
``(II) as a disbursement to married
parents in which at least one parent is
acting as a relative caregiver to the
parent's own eligible child, so long as
such families are in compliance with
the income and work requirements
described in section
658P(4)(C)(iii).''.
(g) Sectarian Activities.--Section 658M of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858k) is amended--
(1) by striking subsection (a); and
(2) by striking ``(b) Tuition.--With'' and inserting
``With''.
(h) Nondiscrimination.--Section 658N of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858l) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B), by striking ``sectarian''
and inserting ``religious'';
(B) in paragraph (3)--
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraphs (B) and
(C) as subparagraphs (A) and (B), respectively;
and
(C) by striking paragraph (4) and inserting the
following:
``(4) Protections for religious child care providers.--
``(A) In general.--A State receiving funds under
this subchapter shall ensure that--
``(i) in licensing child care providers,
the State shall not impose any requirement on a
religious organization that results in the
imposition of a greater burden on the religious
organization when compared to the related
burden imposed on any private nonreligious
organization;
``(ii) in licensing child care providers,
the State shall not impose a requirement on a
religious organization to provide or comply
with any document, agreement, covenant,
memorandum of understanding, policy, or
regulation, or to provide an assurance or
notice, unless the State also imposes that
requirement on nonreligious organizations; and
``(iii) a religious organization receiving
funds under this subchapter that provides child
care services shall retain its independence
from State and local governments, including
retaining the autonomy, right of expression,
religious character or affiliation, authority
over internal governance, or other aspects of
the independence of such organization.
``(B) Requirements.--A religious organization
receiving funds under this subchapter that provides
child care services may--
``(i) retain religious terms in the
organization's name;
``(ii) continue to carry out the
organization's mission, including the
definition, development, practice, and
expression of its religious beliefs;
``(iii) use the organization's facilities
to provide a program without concealing,
removing, or altering religious art, icons,
scriptures, or other symbols from the
facilities;
``(iv) select, promote, or dismiss the
members of the organization's governing body,
and the organization's employees, on the basis
of their acceptance of or adherence to the
religious tenets of the organization; and
``(v) include religious references in the
organization's mission statement and other
chartering or governing documents.
``(C) Religious exemptions.--A religious
organization's exemptions, as provided in title VII of
the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.)
(including exemptions from prohibitions of employment
discrimination in section 702(a) of that Act (42 U.S.C.
2000e-1(a))), title VIII of the Civil Rights Act of
1968 (42 U.S.C. 3601 et seq.), title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.),
the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), the Religious Freedom Restoration Act
of 1993 (42 U.S.C. 2000bb et seq.), the Religious Land
Use and Institutionalized Persons Act of 2000 (42
U.S.C. 2000cc et seq.), or any other provision in law
providing an exemption for a religious organization,
shall not be waived because of the religious
organization's receipt of funds under this subchapter.
``(D) Private right of action.--Any religious
organization that alleges a violation of its rights
under this paragraph and seeks to enforce such rights--
``(i) may bring an action in a court of
competent jurisdiction and assert that
violation as a claim, or assert that violation
as a defense in a civil action; and
``(ii) may obtain appropriate relief,
including attorney's fees, against an entity or
agency that committed such violation.''; and
(2) in subsection (b), by striking ``sectarian'' each place
it appears and inserting ``religious''.
(i) Definitions.--Section 658P of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858n) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Child care certificate.--
``(A) In general.--The term `child care
certificate' means a certificate (that may be a check
or other disbursement) that is issued by a State or
local government under this subchapter directly to a
parent who may use such certificate--
``(i) as payment for child care services;
``(ii) as a deposit for child care services
if such a deposit is required of other children
being cared for by the provider; or
``(iii) as a disbursement to married
parents described in paragraph (4)(C)(iii) in
which at least one parent is acting as a
relative caregiver to the parent's own child,
so long as such disbursement is not less than
the payment rate set for other relative
caregivers for children of the same age and in
the same geographic location.
``(B) Rule of construction.--Nothing in this
subchapter shall be construed to allow State or Federal
agencies to preclude the use of such certificates for
child care services provided by a religious child care
provider if such services are freely chosen by the
parent. Such certificates may be expended by providers
for any religious purpose or activity that is a part of
the child care services, including religious worship
and instruction.
``(C) Not grants or contracts.--For purposes of
this subchapter, child care certificates shall not be
considered to be grants or contracts.'';
(2) in paragraph (4), by striking subparagraphs (B) and (C)
and inserting the following:
``(B) whose family assets do not exceed $1,000,000
(as certified by a member of such family); and
``(C) who--
``(i) resides in a family that is headed by
an unmarried person who is the child's parent,
who is working or attending a job training or
educational program, and that has a family
income that does not exceed 85 percent of the
State median income for a family with the same
number of children headed by an unmarried
person, based on the most recent data that is
published by the Bureau of the Census;
``(ii) resides in a family that is headed
by two married persons who are the child's
parents, who are both working or attending a
job training or educational program, and that
has a family income that does not exceed 70
percent of the State median income for a family
with the same number of children headed by two
married persons, based on the most recent data
that is published by the Bureau of the Census;
``(iii) resides in a family that is headed
by two married persons who are the child's
parents, and who work a combined total of at
least 40 hours per week and that has one or
both parents acting as a relative caregiver for
the child, with a family income that does not
exceed 70 percent of the State median income
for a family with the same number of children
headed by two married persons, based on the
most recent data that is published by the
Bureau of the Census; or
``(iv) is receiving, or needs to receive,
protective services and resides with a parent
or parents not described in clause (i), (ii),
or (iii).'';
(3) in paragraph (6)--
(A) in subparagraph (A), by striking ``a group home
child care provider''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) a relative caregiver or in-home child care
provider, if such caregiver or other provider complies
with any applicable requirements that govern child care
provided by the type of provider involved.'';
(4) in paragraph (7)--
(A) by striking ``one individual who provides'' and
inserting ``one or more individuals who provide''; and
(B) by striking ``as the sole caregiver, and'';
(5) by redesignating paragraphs (8), (9), (10), (11), (12),
(13), (14), and (15) as paragraphs (9), (10), (11), (13), (14),
(15), (16), and (17), respectively;
(6) by inserting after paragraph (7), the following:
``(8) In-home child care provider.--The term `in-home child
care provider' means an individual who provides child care
services (excluding services provided by a family child care
provider) in the child's own home.''; and
(7) by inserting after paragraph (11) (as so redesignated),
the following:
``(12) Relative caregiver.--The term `relative caregiver'
means a child care provider that is 18 years of age or older
who provides child care services only to eligible children who
are, by affinity or consanguinity, or by court decree, the
child (if the parent or parents acting as a relative caregiver
are married and work a combined total of at least 40 hours per
week), grandchild, great grandchild, sibling, niece, or nephew
of such provider.''.
(j) Parental Rights.--Section 658Q of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858o) is amended--
(1) by striking ``(a) In General.--''; and
(2) by striking subsection (b).
(k) Fraud Prevention and Increased Relative Caregiving.--The Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.)
is amended by adding at the end the following:
``SEC. 658T. PILOT GRANT PROGRAM TO PREVENT FRAUD.
``(a) In General.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall establish and implement
a 2-year pilot program to award grants to States to increase the
State's ability to--
``(1) verify that children receiving assistance under this
subchapter meet eligibility criteria at the time of eligibility
determination and redetermination;
``(2) prevent payments to ineligible children;
``(3) verify the relationship of relative caregivers to
eligible children;
``(4) identify cases of fraud and intentional program
violation by child care providers; and
``(5) recover payments that are the result of fraud.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated $50,000,000 to carry out this section.
``SEC. 658U. INCREASING RELATIVE CAREGIVING.
``(a) In General.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall submit to Congress and
make publicly available a report on regulations that prevent family
members from acting as relative caregivers to eligible children under
this subchapter.
``(b) Contents.--The report required under this section shall
include the following:
``(1) A list of the provisions under this subchapter and
other Federal laws that decrease the number of relative
caregivers.
``(2) A description of State or local government policies,
regulations, or licensing standards that decrease the number of
relative caregivers or that place burdensome requirements upon
such caregivers beyond basic health and safety requirements.
``(3) Recommendations and legislative proposals for
Congress, State legislatures, and State lead agencies to lessen
or remove unnecessary, burdensome regulations that prevent
family members (including parents, grandparents, adult
siblings, aunts, and uncles) from providing child care for
eligible children under this subchapter.
``(c) Pilot Programs.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall establish and implement
a 2-year pilot program to award grants to States to carry out
innovative State programs to promote child care provided by relative
caregivers and to increase the number of relative caregivers providing
child care to eligible children under this subchapter.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated $50,000,000 to carry out this section.''.
SEC. 3. REPEAL OF CREDIT FOR EXPENSES FOR HOUSEHOLD AND DEPENDENT CARE
SERVICES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by striking section 21.
(b) Conforming Amendments.--
(1) Section 23(f)(1) of the Internal Revenue Code of 1986
is amended to read as follows:
``(1) Rules for married couples.--
``(A) Married couples must file joint return.--If
the taxpayer is married at the close of the taxable
year, the credit shall be allowed under subsection (a)
only if the taxpayer and his spouse file a joint return
for the taxable year.
``(B) Marital status.--An individual legally
separated from his spouse under a decree of divorce or
of separate maintenance shall not be considered as
married.
``(C) Certain married individuals living apart.--
If--
``(i) an individual who is married and who
files a separate return--
``(I) maintains as his home a
household which constitutes for more
than one-half of the taxable year the
principal place of abode of a
qualifying individual, and
``(II) furnishes over half of the
cost of maintaining such household
during the taxable year, and
``(ii) during the last 6 months of such
taxable year such individual's spouse is not a
member of such household,
such individual shall not be considered as married.''.
(2) Section 35(g)(6) of such Code is amended to read as
follows:
``(6) Marital status; certain married individuals living
apart.--Rules similar to the rules of subparagraphs (B) and (C)
of section 23(f)(1) shall apply for purposes of this
section.''.
(3) Section 129(a)(2)(C) of such Code is amended to read as
follows:
``(C) Marital status.--For purposes of this
paragraph, marital status shall be determined under the
rules of subparagraphs (B) and (C) of section
23(f)(1).''.
(4) Section 129(b)(2) of such Code is amended to read as
follows:
``(2) Special rules for spouse who is a student or
incapable of caring for self.--In the case of a spouse who is a
student or an individual described in subsection
(e)(1)(B)(ii)(III) (determined without regard to the amount of
time spent in the taxpayer's household), for purposes of
paragraph (1), such spouse shall be deemed for each month
during which such spouse is a full-time student at an
educational institution, or is an individual so described in
subsection (e)(1)(B)(ii)(III), to be gainfully employed and to
have earned income of not less than--
``(A) $250 if there is 1 individual described in
subclauses (I) through (III) of subsection (e)(1)(B)
with respect to the taxpayer for the taxable year, or
``(B) $500 if there are 2 or more such individuals
with respect to the taxpayer for the taxable year.
In the case of any husband and wife, this paragraph shall apply
with respect to only one spouse for any month.''.
(5) Section 129(e)(1) of such Code is amended--
(A) by striking ``The term'' and inserting the
following:
``(A) In general.--The term'',
(B) by striking ``under section 21(b)(2) (relating
to expenses for household and dependent care services
necessary for gainful employment)'', and
(C) by adding at the end the following:
``(B) Employment-related expenses.--
``(i) In general.--The term `employment-
related expenses' means amounts paid for the
following expenses, but only if such expenses
are incurred to enable the taxpayer to be
gainfully employed for any period for which
there are 1 or more qualifying individuals with
respect to the taxpayer:
``(I) Expenses for household
services, and
``(II) Expenses for the care of a
qualifying individual.
Such term shall not include any amount paid for
services outside the taxpayer's household at a
camp where the qualifying individual stays
overnight.
``(ii) Exception.--Employment-related
expenses described in clause (i) which are
incurred for services outside the taxpayer's
household shall be taken into account only if
incurred for the care of--
``(I) a dependent of the taxpayer
(as defined in section 152(a)(1)) who
has not attained age 13,
``(II) a dependent of the taxpayer
(as defined in section 152, determined
without regard to subsections (b)(1),
(b)(2), and (d)(1)(B)) who is
physically or mentally incapable of
caring for himself or herself, who has
the same principal place of abode as
the taxpayer for more than one-half of
such taxable year, and who regularly
spends at least 8 hours each day in the
taxpayer's household, or
``(III) the spouse of the taxpayer,
if the spouse is physically or mentally
incapable of caring for himself or
herself, has the same principal place
of abode as the taxpayer for more than
one-half of such taxable year, and
regularly spends at least 8 hours each
day in the taxpayer's household.
``(iii) Dependent care centers.--
Employment-related expenses described in clause
(i) which are incurred for services provided
outside the taxpayer's household by a dependent
care center shall be taken into account only
if--
``(I) such center complies with all
applicable laws and regulations of a
State or unit of local government, and
``(II) The requirements of clause
(ii) are met.
``(iv) Dependent care center defined.--For
purposes of this paragraph, the term `dependent
care center' means any facility which--
``(I) provides care for more than
six individuals (other than individuals
who reside at the facility), and
``(II) receives a fee, payment, or
grant for providing services for any of
the individuals (regardless of whether
such facility is operated for
profit).''.
(6) Section 213 of such Code is amended by striking
subsection (e).
(7) Section 6213(g)(2) of such Code is amended--
(A) in subparagraph (H), by striking ``section 21
(relating to expenses for household and dependent care
services necessary for gainful employment) or'', and
(B) in subparagraph (L), by striking ``21,''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line