H.R. 2282

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2282 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 2282

To reauthorize the Child Care and Development Block Grant Act of 1990, 
to improve access to relative caregivers, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

March 24, 2025

Mr. Moore of West Virginia (for himself, Mr. Higgins of Louisiana, Mr. 
Gill of Texas, and Mr. Smith of New Jersey) introduced the following 
bill; which was referred to the Committee on Education and Workforce, 
and in addition to the Committee on Ways and Means, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee 
concerned

_______________________________________________________________________

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.
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