[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; an