S4765-118

2. Amendments to the Child Care and Development Block Grant Act of 1990 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 2025 through 2030.. Section 658E(c) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended— in paragraph (2)— by striking subparagraph (A) and inserting the following: Provide assurances that— 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 all direct services authorized in this subchapter will be provided via child care certificates. in subparagraph (F)— in clause (i), by inserting (not including in-home child care providers and relative caregivers) after within the State; and in clause (ii), by inserting (other than in-home child care providers and relative caregivers) after described in clause (i); in subparagraph (G)— in clause (i)— in the first sentence, by inserting (if any) after within the State; and 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 in clause (ii)(I), by striking (which may include encouraging the pursuit of postsecondary education),; in subparagraph (K)(i)(II)— in item (aa), by inserting (not including in-home child care providers and relative caregivers or their facilities) before the semicolon; and in item (bb), by inserting (not including in-home child care providers and relative caregivers or their facilities) after facility in the State; in subparagraph (M), by adding at the end the following flush sentence: in subparagraph (N)— by striking (N) and all that precedes clause (i) and inserting the following: in clause (i)(I)— by striking 85 percent of; and by striking of the same size and inserting with the same number of children and parents as prescribed in section 658P(4); in clause (iii)— by inserting before At the option the following: by adding at the end the following: 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. in clause (iv)— by striking for children of parents and inserting the following: “for children of— parents 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 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. by adding at the end the following: The plan shall certify that the State will— clearly post on the State’s website described in subparagraph (E)(III); and annually notify the parents of each eligible child receiving a child care certificate under this subchapter that such certificates may be used— as a payment to a relative caregiver including the child’s grandparent, great grandparent, adult sibling, aunt, or uncle; or 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). 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— limit or lower the number of relative caregivers who care for eligible children under this subchapter; or prevent parents from choosing to have a relative caregiver provide childcare for their eligible child. 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 in paragraph (4)— by redesignating subparagraph (C) as subparagraph (D); and by inserting after subparagraph (B), the following: 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. Section 658F(b)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858d(b)(2)) is amended— in the paragraph heading, by striking Sectarian and inserting Religious; and by striking sectarian and inserting religious. Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended— in subsection (a), by striking paragraphs (2) and (3) and inserting the following: Such State shall reserve and use— not more than 9 percent of the funds described in paragraph (1) each year to carry out the activities described in paragraph (1); and 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. in subsection (b)(1)— in subparagraph (F), by adding and at the end; in subparagraph (G), by striking ; and and inserting a period; and by striking subparagraph (H). Section 658K(a) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)) is amended— in paragraph (1)(B)(vii), by striking home care and inserting in-home care; and in paragraph (2)(C), by striking contracts,. 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— in clause (iv), by striking and at the end; in clause (v), by striking the period and inserting ; and; and by adding at the end the following: notice that the parents of eligible children may use child care certificates— as a payment to a relative caregiver including the child’s grandparent, great grandparent, adult sibling, aunt, or uncle; or 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). Section 658M of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858k) is amended— by striking subsection (a); and by striking (b) Tuition.—With and inserting With. Section 658N of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858l) is amended — in subsection (a)— in paragraph (1)(B), by striking sectarian and inserting religious; in paragraph (3)— by striking subparagraph (A); and by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and by striking paragraph (4) and inserting the following: A State receiving funds under this subchapter shall ensure that— 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; 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 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. A religious organization receiving funds under this subchapter that provides child care services may— retain religious terms in the organization's name; continue to carry out the organization's mission, including the definition, development, practice, and expression of its religious beliefs; use the organization's facilities to provide a program without concealing, removing, or altering religious art, icons, scriptures, or other symbols from the facilities; 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 include religious references in the organization's mission statement and other chartering or governing documents. 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. Any religious organization that alleges a violation of its rights under this paragraph and seeks to enforce such rights— 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 may obtain appropriate relief, including attorney’s fees, against an entity or agency that committed such violation. in subsection (b), by striking sectarian each place it appears and inserting religious. Section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n) is amended— by striking paragraph (2) and inserting the following: 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— as payment for child care services; as a deposit for child care services if such a deposit is required of other children being cared for by the provider; or 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. 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. For purposes of this subchapter, child care certificates shall not be considered to be grants or contracts. in paragraph (4), by striking subparagraphs (B) and (C) and inserting the following: whose family assets do not exceed $1,000,000 (as certified by a member of such family); and who— 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; 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; 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 is receiving, or needs to receive, protective services and resides with a parent or parents not described in clause (i), (ii), or (iii). in paragraph (6)— in subparagraph (A), by striking a group home child care provider; and by striking subparagraph (B) and inserting the following: 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. in paragraph (7)— by striking one individual who provides and inserting one or more individuals who provide; and by striking as the sole caregiver, and; by redesignating paragraphs (8), (9), (10), (11), (12), (13), (14), and (15) as paragraphs (9), (10), (11), (13), (14), (15), (16), and (17), respectively; by inserting after paragraph (7), the following: 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. by inserting after paragraph (11) (as so redesignated), the following: 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. Section 658Q of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858o) is amended— by striking (a) In General.—; and by striking subsection (b). 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: 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— verify that children receiving assistance under this subchapter meet eligibility criteria at the time of eligibility determination and redetermination; prevent payments to ineligible children; verify the relationship of relative caregivers to eligible children; identify cases of fraud and intentional program violation by child care providers; and recover payments that are the result of fraud. There is authorized to be appropriated $50,000,000 to carry out this section. 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. The report required under this section shall include the following: A list of the provisions under this subchapter and other Federal laws that decrease the number of relative caregivers. 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. 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. 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. There is authorized to be appropriated $50,000,000 to carry out this section. (A)Parental choice of providersProvide 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.; 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.; (N)Protection for working and newly married parents; (I)Cessation of work, training, or education; and (II)Marriage of an unmarried parentThe 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.; (I)parents; and (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 (W)Notification of program coverage for relative caregiversThe 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 caregiversThe 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.; (C)Payment rateThe 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.. (2)Amount of reservationsSuch 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 (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).. (4)Protections for Religious Child Care Providers (A)In generalA 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)RequirementsA 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 exemptionsA 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 actionAny 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)Child care certificate (A)In generalThe 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 constructionNothing 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 contractsFor purposes of this subchapter, child care certificates shall not be considered to be grants or contracts.; (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).; (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.; (8)In-home child care providerThe 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 (12)Relative caregiverThe 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.. 658T.Pilot grant program to prevent fraud (a)In generalNot 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 appropriationsThere is authorized to be appropriated $50,000,000 to carry out this section. 658U.Increasing Relative Caregiving (a)In generalNot 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)ContentsThe 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 programsNot 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 appropriationsThere is authorized to be appropriated $50,000,000 to carry out this section..

658T. Pilot grant program to prevent fraud 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— verify that children receiving assistance under this subchapter meet eligibility criteria at the time of eligibility determination and redetermination; prevent payments to ineligible children; verify the relationship of relative caregivers to eligible children; identify cases of fraud and intentional program violation by child care providers; and recover payments that are the result of fraud. There is authorized to be appropriated $50,000,000 to carry out this section.