[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