,,ii #aaith ,,congress #ast ,session ,s4 #ece ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ab1 #bjbe,mr4 ,banks introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to reauthorize the ,child ,care and ,development ,block ,grant ,act of #aiij1 to improve access to relative caregivers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,respect ,parents' ,childcare ,choices ,act4 #b4 ,amendments to the ,child ,care and ,development ,block ,grant ,act of #aiij 7a7 ,authorization of appropriations ,section #feh;,b of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh7 is amended by striking this subchapter and all that follows and inserting the following3 this subchapter1 #ad1jjj1jjj1jjj for each of fiscal years #bjbf through #bjca44 7b7 ,application and plan ,section #feh;,e7c7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;c7c77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,parental choice of providers ,provide assurances that-- 7i7 the parent or parents of each eligible child within the ,state1 who receives or is offered child care services for which financial assistance is provided under this subchapter1 are given the option to receive a child care certificate as defined in section #feh,p7#b72 and 7ii7 all direct services authorized in this subchapter will be provided via child care certificates4 2 7,b7 in subparagraph 7,f7-- 7i7 in clause 7i71 by inserting 7not including in-home child care providers and relative caregivers7 after within the ,state2 and 7ii7 in clause 7ii71 by inserting 7other than in-home child care providers and relative caregivers7 after described in clause 7i72 7,c7 in subparagraph 7,g7-- 7i7 in clause 7i7-- 7,i7 in the first sentence1 by inserting 7if any7 after within the ,state2 and 7,,ii7 in the second sentence1 by inserting 1 except that such requirements shall not apply to in-home child care providers and relative caregivers before the period2 and 7ii7 in clause 7ii77,i71 by striking 7which may include encouraging the pursuit of postsecondary education712 7,d7 in subparagraph 7,k77i77,,ii7-- 7i7 in item 7aa71 by inserting 7not including in-home child care providers and relative caregivers or their facilities7 before the semicolon2 and 7ii7 in item 7bb71 by inserting 7not including in-home child care providers and relative caregivers or their facilities7 after facility in the ,state2 7,e7 in subparagraph 7,m71 by adding at the end the following flush sentence3 ,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 contracts4 2 7,f7 in subparagraph 7,n7-- 7i7 by striking 7,n7 and all that precedes clause 7i7 and inserting the following3 7,n7 ,protection for working and newly married parents 2 7ii7 in clause 7i77,i7-- 7,i7 by striking #he percent of2 and 7,,ii7 by striking of the same size and inserting with the same number of children and parents as prescribed in section #feh,p7#d72 7iii7 in clause 7iii7-- 7,i7 by inserting before ,at the option the following3 7,i7 ,cessation of work1 training1 or education 2 and 7,,ii7 by adding at the end the following3 7,,ii7 ,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 #feh,p7#d71 without continuing the assistance for at least #f months after such marriage4 2 7iv7 in clause 7iv7-- 7,i7 by striking for children of parents and inserting the following3 8for children of-- 7,i7 parents 2 and 7,,ii7 by striking #he percent of the ,state median income for a family of the same size and inserting the following3 8the ,state median income for a family with the same number of children and parents as prescribed in section #feh,p7#d72 or 7,,ii7 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 income4 2 and 7,g7 by adding at the end the following3 7,w7 ,notification of program coverage for relative caregivers ,the plan shall certify that the ,state will-- 7i7 clearly post on the ,state's website described in subparagraph 7,e77,,iii72 and 7ii7 annually notify the parents of each eligible child receiving a child care certificate under this subchapter that such certificates may be used-- 7,i7 as a payment to a relative caregiver including the child's grandparent1 great grandparent1 adult sibling1 aunt1 or uncle2 or 7,,ii7 as a disbursement to married parents in which at least one parent is acting as a relative caregiver to the parent's own eligible child1 so long as such families are in compliance with the income and work requirements described in section #feh,p7#d77;,c77iii74 7,x7 ,review of requirements on relative caregivers ,the plan shall include certification that the ,state will 7at least once every #e years7 review ,state and local regulations1 requirements1 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-- 7i7 limit or lower the number of relative caregivers who care for eligible children under this subchapter2 or 7ii7 prevent parents from choosing to have a relative caregiver provide childcare for their eligible child4 2 7#b7 in paragraph 7#c77;,e77ii71 by striking #gj percent to fund direct services 7provided by the ,state7 in accordance with paragraph 7#b77;,a7 and inserting #ij percent to fund direct services 7provided by the ,state7 via child care certificates2 and 7#c7 in paragraph 7#d7-- 7,a7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7,b7 by inserting after subparagraph 7,b71 the following3 7,c7 ,payment rate ,the ,state plan shall certify that the payment rate to relative caregivers is not less than #ge percent of the rate for family child care providers for children of the same age and in the same geographic location4 4 7c7 ,limitations ,section #feh;,f7b77#b7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;d7b77#b77 is amended-- 7#a7 in the paragraph heading1 by striking ,sectarian and inserting ,religious2 and 7#b7 by striking sectarian and inserting religious4 7d7 ,improving the quality of child care ,section #feh;,g of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;e7 is amended-- 7#a7 in subsection 7a71 by striking paragraphs 7#b7 and 7#c7 and inserting the following3 7#b7 ,amount of reservations ,such ,state shall reserve and use-- 7,a7 not more than #i percent of the funds described in paragraph 7#a7 each year to carry out the activities described in paragraph 7#a72 and 7,b7 in addition to the funds reserved under subparagraph 7,a71 #c percent of the funds described in paragraph 7#a7 to carry out the activities described in paragraph 7#a7 and subsection 7b77#d71 as such activities relate to the quality of care for infants and toddlers4 2 and 7#b7 in subsection 7b77#a7-- 7,a7 in subparagraph 7,f71 by adding and at the end2 7,b7 in subparagraph 7,g71 by striking 2 and and inserting a period2 and 7,c7 by striking subparagraph 7,h74 7e7 ,reports ,section #feh,k7a7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;i7a77 is amended-- 7#a7 in paragraph 7#a77;,b77vii71 by striking home care and inserting in-home care2 and 7#b7 in paragraph 7#b77;,c71 by striking contracts14 7f7 ,hotline and ,website ,section #feh,l7b77#b77;,b7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;j7b77#b77;,b77 is amended-- 7#a7 in clause 7iv71 by striking and at the end2 7#b7 in clause 7v71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7vi7 notice that the parents of eligible children may use child care certificates-- 7,i7 as a payment to a relative caregiver including the child's grandparent1 great grandparent1 adult sibling1 aunt1 or uncle2 or 7,,ii7 as a disbursement to married parents in which at least one parent is acting as a relative caregiver to the parent's own eligible child1 so long as such families are in compliance with the income and work requirements described in section #feh,p7#d77;,c77iii74 4 7g7 ,sectarian activities ,section #feh,m of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehk7 is amended-- 7#a7 by striking subsection 7a72 and 7#b7 by striking 7b7 ,tuition4--,with and inserting ,with4 7h7 ,nondiscrimination ,section #feh,n of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehl7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a77;,b71 by striking sectarian and inserting religious2 7,b7 in paragraph 7#c7-- 7i7 by striking subparagraph 7,a72 and 7ii7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,a7 and 7,b71 respectively2 and 7,c7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,protections for ,religious ,child ,care ,providers 7,a7 ,in general ,a ,state receiving funds under this subchapter shall ensure that-- 7i7 in licensing child care providers1 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 organization2 7ii7 in licensing child care providers1 the ,state shall not impose a requirement on a religious organization to provide or comply with any document1 agreement1 covenant1 memorandum of understanding1 policy1 or regulation1 or to provide an assurance or notice1 unless the ,state also imposes that requirement on nonreligious organizations2 and 7iii7 a religious organization receiving funds under this subchapter that provides child care services shall retain its independence from ,state and local governments1 including retaining the autonomy1 right of expression1 religious character or affiliation1 authority over internal governance1 or other aspects of the independence of such organization4 7,b7 ,requirements ,a religious organization receiving funds under this subchapter that provides child care services may-- 7i7 retain religious terms in the organization's name2 7ii7 continue to carry out the organization's mission1 including the definition1 development1 practice1 and expression of its religious beliefs2 7iii7 use the organization's facilities to provide a program without concealing1 removing1 or altering religious art1 icons1 scriptures1 or other symbols from the facilities2 7iv7 select1 promote1 or dismiss the members of the organization's governing body1 and the organization's employees1 on the basis of their acceptance of or adherence to the religious tenets of the organization2 and 7v7 include religious references in the organization's mission statement and other chartering or governing documents4 7,c7 ,religious exemptions ,a religious organization's exemptions1 as provided in title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 7including exemptions from prohibitions of employment discrimination in section #gjb7;a7 of that ,act 7#db ,u4,s4,c4 #bjjj;e-#a7;a7771 title ,,viii of the ,civil ,rights ,act of #aifh 7#db ,u4,s4,c4 #cfja et seq471 title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 the ,religious ,freedom ,restoration ,act of #aiic 7#db ,u4,s4,c4 #bjjj;bb et seq471 the ,religious ,land ,use and ,institutionalized ,persons ,act of #bjjj 7#db ,u4,s4,c4 #bjjj;cc et seq471 or any other provision in law providing an exemption for a religious organization1 shall not be waived because of the religious organization's receipt of funds under this subchapter4 7,d7 ,private right of action ,any religious organization that alleges a violation of its rights under this paragraph and seeks to enforce such rights-- 7i7 may bring an action in a court of competent jurisdiction and assert that violation as a claim1 or assert that violation as a defense in a civil action2 and 7ii7 may obtain appropriate relief1 including attorney's fees1 against an entity or agency that committed such violation4 2 and 7#b7 in subsection 7b71 by striking sectarian each place it appears and inserting religious4 7i7 ,definitions ,section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn7 is amended-- 7#a7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,child care certificate 7,a7 ,in general ,the term child care certificate means a certificate 7that may be a check or other disbursement7 that is issued by a ,state or local government under this subchapter directly to a parent who may use such certificate-- 7i7 as payment for child care services2 7ii7 as a deposit for child care services if such a deposit is required of other children being cared for by the provider2 or 7iii7 as a disbursement to married parents described in paragraph 7#d77;,c77iii7 in which at least one parent is acting as a relative caregiver to the parent's own child1 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 location4 7,b7 ,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 parent4 ,such certificates may be expended by providers for any religious purpose or activity that is a part of the child care services1 including religious worship and instruction4 7,c7 ,not grants or contracts ,for purposes of this subchapter1 child care certificates shall not be considered to be grants or contracts4 2 7#b7 in paragraph 7#d71 by striking subparagraphs 7,b7 and 7,c7 and inserting the following3 7,b7 whose family assets do not exceed #a1jjj1jjj 7as certified by a member of such family72 and 7,c7 who-- 7i7 resides in a family that is headed by an unmarried person who is the child's parent1 who is working or attending a job training or educational program1 and that has a family income that does not exceed #he percent of the ,state median income for a family with the same number of children headed by an unmarried person1 based on the most recent data that is published by the ,bureau of the ,census2 7ii7 resides in a family that is headed by two married persons who are the child's parents1 who are both working or attending a job training or educational program1 and that has a family income that does not exceed #gj percent of the ,state median income for a family with the same number of children headed by two married persons1 based on the most recent data that is published by the ,bureau of the ,census2 7iii7 resides in a family that is headed by two married persons who are the child's parents1 and who work a combined total of at least #dj hours per week and that has one or both parents acting as a relative caregiver for the child1 with a family income that does not exceed #gj percent of the ,state median income for a family with the same number of children headed by two married persons1 based on the most recent data that is published by the ,bureau of the ,census2 or 7iv7 is receiving1 or needs to receive1 protective services and resides with a parent or parents not described in clause 7i71 7ii71 or 7iii74 2 7#c7 in paragraph 7#f7-- 7,a7 in subparagraph 7,a71 by striking a group home child care provider2 and 7,b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 a relative caregiver or in-home child care provider1 if such caregiver or other provider complies with any applicable requirements that govern child care provided by the type of provider involved4 2 7#d7 in paragraph 7#g7-- 7,a7 by striking one individual who provides and inserting one or more individuals who provide2 and 7,b7 by striking as the sole caregiver1 and2 7#e7 by redesignating paragraphs 7#h71 7#i71 7#aj71 7#aa71 7#ab71 7#ac71 7#ad71 and 7#ae7 as paragraphs 7#i71 7#aj71 7#aa71 7#ac71 7#ad71 7#ae71 7#af71 and 7#ag71 respectively2 7#f7 by inserting after paragraph 7#g71 the following3 7#h7 ,in-home child care provider ,the term in-home child care provider means an individual who provides child care services 7excluding services provided by a family child care provider7 in the child's own home4 2 and 7#g7 by inserting after paragraph 7#aa7 7as so redesignated71 the following3 7#ab7 ,relative caregiver ,the term relative caregiver means a child care provider that is #ah years of age or older who provides child care services only to eligible children who are1 by affinity or consanguinity1 or by court decree1 the child 7if the parent or parents acting as a relative caregiver are married and work a combined total of at least #dj hours per week71 grandchild1 great grandchild1 sibling1 niece1 or nephew of such provider4 4 7j7 ,parental rights ,section #feh,q of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheho7 is amended-- 7#a7 by striking 7a7 ,in ,general4--2 and 7#b7 by striking subsection 7b74 7k7 ,fraud prevention and increased relative caregiving ,the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq47 is amended by adding at the end the following3 #feh,t4 ,pilot grant program to prevent fraud 7a7 ,in general ,not later than #a year after the date of the enactment of this section1 the ,secretary shall establish and implement a #b-year pilot program to award grants to ,states to increase the ,state's ability to-- 7#a7 verify that children receiving assistance under this subchapter meet eligibility criteria at the time of eligibility determination and redetermination2 7#b7 prevent payments to ineligible children2 7#c7 verify the relationship of relative caregivers to eligible children2 7#d7 identify cases of fraud and intentional program violation by child care providers2 and 7#e7 recover payments that are the result of fraud4 7b7 ,authorization of appropriations ,there is authorized to be appropriated #ej1jjj1jjj to carry out this section4 #feh,u4 ,increasing ,relative ,caregiving 7a7 ,in general ,not later than #a year after the date of the enactment of this section1 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 subchapter4 7b7 ,contents ,the report required under this section shall include the following3 7#a7 ,a list of the provisions under this subchapter and other ,federal laws that decrease the number of relative caregivers4 7#b7 ,a description of ,state or local government policies1 regulations1 or licensing standards that decrease the number of relative caregivers or that place burdensome requirements upon such caregivers beyond basic health and safety requirements4 7#c7 ,recommendations and legislative proposals for ,congress1 ,state legislatures1 and ,state lead agencies to lessen or remove unnecessary1 burdensome regulations that prevent family members 7including parents1 grandparents1 adult siblings1 aunts1 and uncles7 from providing child care for eligible children under this subchapter4 7c7 ,pilot programs ,not later than #a year after the date of the enactment of this section1 the ,secretary shall establish and implement a #b-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 subchapter4 7d7 ,authorization of appropriations ,there is authorized to be appropriated #ej1jjj1jjj to carry out this section4 4 #c4 ,repeal of credit for expenses for household and dependent care services 7a7 ,in general ,subpart ,a of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by striking section #ba4 7b7 ,conforming amendments 7#a7 ,section #bc7;f77#a7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7#a7 ,rules for married couples 7,a7 ,married couples must file joint return ,if the taxpayer is married at the close of the taxable year1 the credit shall be allowed under subsection 7a7 only if the taxpayer and his spouse file a joint return for the taxable year4 7,b7 ,marital status ,an individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married4 7,c7 ,certain married individuals living apart ,if-- 7i7 an individual who is married and who files a separate return-- 7,i7 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 individual1 and 7,,ii7 furnishes over half of the cost of maintaining such household during the taxable year1 and 7ii7 during the last #f months of such taxable year such individual's spouse is not a member of such household1 such individual shall not be considered as married4 4 7#b7 ,section #ce7;g77#f7 of such ,code is amended to read as follows3 7#f7 ,marital status2 certain married individuals living apart ,rules similar to the rules of subparagraphs 7,b7 and 7,c7 of section #bc7;f77#a7 shall apply for purposes of this section4 4 7#c7 ,section #abi7;a77#b77;,c7 of such ,code is amended to read as follows3 7,c7 ,marital status ,for purposes of this paragraph1 marital status shall be determined under the rules of subparagraphs 7,b7 and 7,c7 of section #bc7;f77#a74 4 7#d7 ,section #abi7;b77#b7 of such ,code is amended to read as follows3 7#b7 ,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 7e77#a77;,b77ii77,,iii7 7determined without regard to the amount of time spent in the taxpayer's household71 for purposes of paragraph 7#a71 such spouse shall be deemed for each month during which such spouse is a full-time student at an educational institution1 or is an individual so described in subsection 7e77#a77;,b77ii77,,iii71 to be gainfully employed and to have earned income of not less than-- 7,a7 #bej if there is #a individual described in subclauses 7,i7 through 7,,iii7 of subsection 7e77#a77;,b7 with respect to the taxpayer for the taxable year1 or 7,b7 #ejj if there are #b or more such individuals with respect to the taxpayer for the taxable year4 ,in the case of any husband and wife1 this paragraph shall apply with respect to only one spouse for any month4 4 7#e7 ,section #abi7;e77#a7 of such ,code is amended-- 7,a7 by striking ,the term and inserting the following3 7,a7 ,in general ,the term 1 7,b7 by striking under section #ba7;b77#b7 7relating to expenses for household and dependent care services necessary for gainful employment71 and 7,c7 by adding at the end the following3 7,b7 ,employment-related expenses 7i7 ,in general ,the term employment-related expenses means amounts paid for the following expenses1 but only if such expenses are incurred to enable the taxpayer to be gainfully employed for any period for which there are #a or more qualifying individuals with respect to the taxpayer3 7,i7 ,expenses for household services1 and 7,,ii7 ,expenses for the care of a qualifying individual4 ,such term shall not include any amount paid for services outside the taxpayer's household at a camp where the qualifying individual stays overnight4 7ii7 ,exception ,employment-related expenses described in clause 7i7 which are incurred for services outside the taxpayer's household shall be taken into account only if incurred for the care of-- 7,i7 a dependent of the taxpayer 7as defined in section #aeb7;a77#a77 who has not attained age #ac1 7,,ii7 a dependent of the taxpayer 7as defined in section #aeb1 determined without regard to subsections 7b77#a71 7b77#b71 and 7d77#a77;,b77 who is physically or mentally incapable of caring for himself or herself1 who has the same principal place of abode as the taxpayer for more than one-half of such taxable year1 and who regularly spends at least #h hours each day in the taxpayer's household1 or 7,,iii7 the spouse of the taxpayer1 if the spouse is physically or mentally incapable of caring for himself or herself1 has the same principal place of abode as the taxpayer for more than one-half of such taxable year1 and regularly spends at least #h hours each day in the taxpayer's household4 7iii7 ,dependent ,care ,centers ,employment-related expenses described in clause 7i7 which are incurred for services provided outside the taxpayer's household by a dependent care center shall be taken into account only if-- 7,i7 such center complies with all applicable laws and regulations of a ,state or unit of local government1 and 7,,ii7 ,the requirements of clause 7ii7 are met4 7iv7 ,dependent ,care ,center ,defined ,for purposes of this paragraph1 the term dependent care center means any facility which-- 7,i7 provides care for more than six individuals 7other than individuals who reside at the facility71 and 7,,ii7 receives a fee1 payment1 or grant for providing services for any of the individuals 7regardless of whether such facility is operated for profit74 4 7#f7 ,section #bac of such ,code is amended by striking subsection 7e74 7#g7 ,section #fbac7;g77#b7 of such ,code is amended-- 7,a7 in subparagraph 7,h71 by striking section #ba 7relating to expenses for household and dependent care services necessary for gainful employment7 or1 and 7,b7 in subparagraph 7,l71 by striking #ba14 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4