[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2828 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2828
To amend the Child Care and Development Block Grant Act of 1990 to
reauthorize and update the Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 17 (legislative day, September 16), 2025
Mrs. Fischer (for herself, Mrs. Gillibrand, Ms. Collins, and Mr.
Hickenlooper) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Child Care and Development Block Grant Act of 1990 to
reauthorize and update the Act, 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 ``Child Care Modernization Act of
2025''.
SEC. 2. PURPOSES.
(a) Redesignation.--Section 658A of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9857) is redesignated as section 658
of such Act.
(b) Amendment.--Subsection (b) of that section 658 is amended to
read as follows:
``(b) Purposes.--The purposes of this subchapter are--
``(1) to allow each State maximum flexibility in developing
and implementing a mixed delivery system to provide child care
that best suits the needs of children and working parents
within that State;
``(2) to promote parental choice to empower working parents
to make their own decisions regarding the child care services
that best suit their family's needs;
``(3) to encourage States to provide consumer education
information to help parents make informed choices about child
care services and to promote involvement by parents and family
members in the development of their children in child care
settings;
``(4) to assist States in delivering high-quality,
coordinated child care services to maximize parents' options to
cover the full workday and full work year, to support
continuity of care for children, and to support parents trying
to achieve independence from public assistance;
``(5) to assist States in improving the overall quality of
child care by implementing the health, safety, licensing, early
learning and development, professional, and oversight standards
established in this subchapter and in State law (including
State regulations);
``(6) to assist States--
``(A) in supporting the educational and
professional development of child care staff; and
``(B) in supporting child care providers in the
recruitment of, professional development for, and
retention of a qualified child care workforce; and
``(7) to increase the number and percentage of low-income
children in high-quality child care settings.''.
SEC. 3. DEFINITIONS.
(a) In General.--Section 658P of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858n) is amended--
(1) by redesignating paragraphs (5) through (7), (8) and
(9), and (10) through (15), as paragraphs (6) through (8), (10)
and (11), and (13) through (18), respectively;
(2) in paragraph (3)--
(A) in subparagraph (B), by inserting ``and'' at
the end;
(B) in subparagraph (C), by striking ``; and'' at
the end and inserting a period; and
(C) by striking subparagraph (D);
(3) by striking paragraph (4) and inserting the following:
``(4) Eligible activity.--The term `eligible activity',
means an activity consisting of--
``(A) full-time or part-time employment;
``(B) self-employment;
``(C) job search activities;
``(D) job training;
``(E) secondary, postsecondary, or adult education,
including education through a program of high school
classes, a course of study at an institution of higher
education, classes towards an equivalent of a high
school diploma recognized by State law, or English as a
second language classes;
``(F) health treatment (including mental health and
substance use treatment) for a condition that prevents
the parent involved from participating in other
eligible activities;
``(G) activities to prevent child abuse or neglect,
or family violence prevention or intervention
activities;
``(H) employment and training activities under the
employment and training program, of the supplemental
nutrition assistance program, established under section
6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(d)(4));
``(I) employment and training activities under the
Workforce Innovation and Opportunity Act (29 U.S.C.
3101 et seq.);
``(J) a work activity described in subsection (d)
of section 407 of the Social Security Act (42 U.S.C.
607) for which, consistent with clauses (ii) and (iii)
of section 402(a)(1)(A) of such Act (42 U.S.C.
602(a)(1)(A)), a parent is treated as being engaged in
work for a month in a fiscal year for purposes of the
program of block grants to States for temporary
assistance for needy families established under part A
of title IV of the Social Security Act (42 U.S.C. 601
et seq.); or
``(K) taking leave under the Family and Medical
Leave Act of 1993 (29 U.S.C. 2601 et seq.) (or
equivalent provisions for Federal employees), a State
or local paid or unpaid leave law, or a program of
employer-provided leave.
``(5) Eligible child.--The term `eligible child' means an
individual--
``(A) who is less than 13 years of age;
``(B)(i) whose family income does not exceed--
``(I) 85 percent of the State median income
for a family of the same size; or
``(II) a higher percentage of that income
in a State with a waiver under section
658I(c)(1)(B); and
``(ii) whose family assets do not exceed $1,000,000
(as certified by a member of such family); and
``(C) who--
``(i) resides with a parent or parents who
are participating in an eligible activity;
``(ii) is a child experiencing
homelessness, a child in kinship care, or a
child who is receiving, or needs to receive,
child protective services; or
``(iii) resides with a parent who is more
than 65 years of age.'';
(4) in paragraph (7), as so redesignated--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or'';
(C) by added at the end the following:
``(C) notwithstanding section 645(a)(1)(B) of the
Head Start Act (42 U.S.C. 9840(a)(1)(B)), a Head Start
agency.''; and
(D) by adding at the end the following flush
sentence:
``Notwithstanding subparagraph (B), a licensed, regulated, or
registered child care provider (or a staff member of the child
care provider) who is otherwise eligible for assistance under
this Act shall continue to be eligible for such assistance for
the care of children for whom the provider is the legal parent
if other eligible children with respect to whom such provider
is not the legal parent are also being cared for by that
provider.'';
(5) by striking paragraph (8), as so redesignated, and
inserting the following:
``(8) Family child care provider.--The term `family child
care provider' means an individual who provides child care
services in a private residence--
``(A) for fewer than 24 hours per day per child; or
``(B) for 24 hours per day per child due to the
nature of the work of the parent involved.
``(9) Homeless child.--The term `homeless child' means an
individual described in section 725(2) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a(2)).'';
(6) in paragraph (10), as so redesignated, by striking
``(10)'' and all that follows through ``meaning'' and inserting
the following:
``(10) Indian tribe; indian tribe.--The term `Indian Tribe'
or `Indian tribe' has the meaning'';
(7) by inserting after paragraph (11), as so redesignated,
the following:
``(12) Mixed delivery system.--The term `mixed delivery
system' means a system of child care services that--
``(A) promotes parental choice to empower working
parents to make their own decisions regarding the child
care services that best suit their family's needs;
``(B) delivers services through a combination of
programs offered by eligible child care providers
(including faith-based and community-based child care
providers) in a variety of settings (including family
child care homes, child care centers, Head Start
centers, and public and private schools); and
``(C) may be supported with a combination of public
and private funds.'';
(8) in paragraph (15), as so redesignated, by striking
``unless the context specifies otherwise'' and inserting
``except as otherwise specified''; and
(9) in paragraph (18), as so redesignated, by striking
``(18)'' and all that follows through ``has the meaning'' and
inserting the following:
``(18) Tribal organization; tribal organization.--
``(A) In general.--The term `Tribal organization'
or `tribal organization' has the meaning''.
(b) Redesignation.--The Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9857 et seq.) is amended--
(1) by redesignating section 658P as section 658A; and
(2) by moving section 658A, as so redesignated, to follow
section 658, as redesignated by section 2.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Part.--The Child Care and Development Block Grant Act of 1990
is amended by inserting before section 658B the following:
``PART I--CHILD CARE SERVICES''.
(b) In General.--Section 658B of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858) is amended to read as follows:
``SEC. 658B. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
subchapter (other than section 658T) such sums as may be necessary for
each of fiscal years 2026 through 2030.''.
SEC. 5. LEAD AGENCY.
Section 658D(b) of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858b(b)) is amended by striking paragraph (2) and
inserting the following:
``(2) Development of plan.--The lead agency shall develop
the State plan described in paragraph (1)(B) in meaningful
consultation with--
``(A) parents of children eligible for services
under this subchapter, which shall include parents of
children in a priority population described in section
658E(c)(2)(M);
``(B) eligible child care providers that represent
the various geographic areas and types of providers in
the State;
``(C) employers of various sizes and with various
hours and days of operations whose employees rely on
reliable and accessible child care to work; and
``(D) appropriate representatives of units of
general purpose local government and, as appropriate,
of Indian Tribes and Tribal organizations.''.
SEC. 6. 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) in subparagraph (A)(i)(I), by striking ``a
child'' and inserting ``an eligible child'';
(B) in subparagraph (D), by striking ``, not
later'' and all that follows through ``subparagraph
(K)(i),'';
(C) in subparagraph (E)(i)--
(i) in the matter preceding subclause (I),
by inserting ``, offered through a mixed
delivery system,'' after ``full diversity of
child care services'';
(ii) in subclause (I), by inserting
``(including information on the hours and days
of operation and ages served)'' after ``of
child care services''; and
(iii) in subclause (IV)--
(I) by striking ``and'' before
``the Medicaid''; and
(II) by inserting before the
semicolon the following: ``, and the
Maternal, Infant, and Early Childhood
Home Visiting Programs under section
511 of the Social Security Act (42
U.S.C. 711)'';
(D) in subparagraph (G)--
(i) in the subparagraph heading, by
striking ``Training and professional'' and
inserting ``Professional'';
(ii) in clause (i) and clause (ii) (in the
matter preceding subclause (I)), by striking
``training and'' before ``professional
development'';
(iii) in clause (ii)(II), by striking ``,
and may engage'' and all that follows through
``training framework''; and
(iv) in clause (iii), by striking
``training'' and inserting ``professional
development'';
(E) in subparagraph (I)(i)(IX), by striking ``if
applicable,'';
(F) in subparagraph (J)--
(i) by striking ``that procedures'' and
inserting the following: ``that--
``(i) procedures'';
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(ii) the State will undertake a review of
State and local health and safety requirements
(including requirements for inspections under
this subchapter and the child and adult care
food program established under section 17 of
the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766)) to determine redundancies
and oversights that may exist, to ensure--
``(I) children receive child care
services in healthy and safe
environments; and
``(II) child care providers can
easily identify, understand, and comply
with applicable health and safety
requirements.'';
(G) in subparagraph (K)(i)--
(i) in the matter preceding subclause (I),
by striking ``, not later'' and all that
follows through ``2014,''; and
(ii) in subclause (IV), by striking
``section 658P(6)(B)'' and inserting ``section
658A(7)(B)'';
(H) in subparagraph (M)--
(i) by redesignating clauses (ii) through
(iv) as clauses (iv) through (vi),
respectively;
(ii) by striking clause (i) and inserting
the following:
``(i) children in underserved areas,
including areas that have significant
concentrations of poverty or unemployment and
that do not have a sufficient supply of
eligible child care providers;
``(ii) children experiencing homelessness,
children in foster care, children in kinship
care, and children who are receiving, or need
to receive, child protective services; and
``(iii) children in rural areas;''; and
(iii) in clause (v), as so redesignated, by
striking ``, as defined by the State'';
(I) in subparagraph (N)(iii), by striking ``At the
option of the State, the'' and inserting ``The'';
(J) in subparagraph (O)(i), by striking ``full-day
services'' and inserting ``full workday and full work
year services'';
(K) in subparagraph (S)(ii), by striking ``, to the
extent'' and all that follows through ``fixed costs''
and inserting ``implement enrollment and eligibility
policies that support the fixed and operational
costs'';
(L) in subparagraph (T)(i), by striking ``or
implement'' and all that follows through ``of 2014)''
and inserting ``and implement developmental
guidelines'';
(M) in subparagraph (U)--
(i)