II 111th CONGRESS 1st Session S. 210 IN THE SENATE OF THE UNITED STATES January 12, 2009 Mrs. Boxer introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to increase the credit for employers establishing workplace child care facilities, to increase the child care credit to encourage greater use of quality child care services, to provide incentives for students to earn child care-related degrees and to work in child care facilities, and to increase the exclusion for employer-provided dependent care assistance.
1.
Short title
This Act may be cited as the Right Start Child Care and Education Act of 2009.
2.
Increase in employer-provided child care credit
(a)
Increase in creditable percentage of child care expenditures
Paragraph (1) of section 45F(a) of the Internal Revenue Code of 1986 is amended by striking 25 percent and inserting 35 percent. (b)
Increase in creditable percentage of resource and referral expenditures
Paragraph (2) of section 45F(a) of such Code is amended by striking 10 percent and inserting 20 percent. (c)
Increase in maximum credit
Subsection (b) of section 45F of such Code is amended by striking $150,000 and inserting $225,000. (d)
Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2008.
3.
Increase in dependent care credit
(a)
Increase in incomes eligible for full credit
Paragraph (2) of section 21(a) of the Internal Revenue Code of 1986 is amended by striking $30,000 and inserting $20,000. (b)
Increase in percentage of expenses allowable
Paragraph (2) of section 21(a) of such Code is amended— (1)by striking 35 percent and inserting 50 percent, and (2)by striking 20 percent and inserting 35 percent. (c)
Increase in dollar limit on amount creditable
Subsection (c) of section 21 of such Code is amended— (1)by striking $3,000 in paragraph (1) and inserting $6,000, and (2)by striking $6,000 in paragraph (2) and inserting $12,000. (d)
Credit To be refundable
(1)
In general
Section 21 of such Code is hereby moved to subpart C of part IV of subchapter A of chapter 1 of such Code (relating to refundable credits) and inserted after section 36. (2)
Technical amendments
(A)Section 21 of such Code, as so moved, is redesignated as section 36A. (B)Paragraph (1) of section 36A(a) of such Code (as redesignated by paragraph (2)) is amended by striking this chapter and inserting this subtitle. (C)Paragraph (1) of section 23(f) of such Code is amended by striking 21(e) and inserting 36A(e). (D)Paragraph (6) of section 35(g) of such Code is amended by striking 21(e) and inserting 36A(e). (E)Subparagraph (C) of section 129(a)(2) of such Code is amended by striking section 21(e) and inserting section 36A(e). (F)Paragraph (2) of section 129(b) of such Code is amended by striking section 21(d)(2) and inserting section 36A(d)(2). (G)Paragraph (1) of section 129(e) of such Code is amended by striking section 21(b)(2) and inserting section 36A(b)(2). (H)Subsection (e) of section 213 of such Code is amended by striking section 21 and inserting section 36A. (I)Subparagraph (H) of section 6213(g)(2) of such Code is amended by striking section 21 and inserting section 36A. (J)Subparagraph (L) of section 6213(g)(2) of such Code is amended by striking section 21, and inserting section 36A,. (K)Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36A, after 36,. (L)The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36 and inserting the following: Sec. 36A. Expenses for household and dependent care services necessary for gainful employment. (M)The table of sections for subpart A of such part IV is amended by striking the item relating to section 21. (e)
Certain prior amendments to credit made permanent
Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the amendments made by section 204 of such Act. (f)
Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2008.
4.
3-year credit for individuals holding child care-related degrees who work in licensed child care facilities
(a)
In general
Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section:
25E.
Right start child care and education credit
(a)
Allowance of credit
In the case of an individual who is an eligible child care provider for the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year the amount of $2,000. (b)
3-year credit
(1)
In general
The credit allowable by subsection (a) for any taxable year to an individual shall be allowed for such year only if the individual elects the application of this section for such year. (2)
Election
An election to have this section apply may not be made by an individual for any taxable year if such an election by such individual is in effect for any 3 prior taxable years. (c)
Eligible child care provider
For purposes of this section— (1)
In general
The term eligible child care provider means, for any taxable year, any individual if— (A)as of the close of such taxable year, such individual holds a bachelor’s degree in early childhood education, child care, or a related degree and such degree was awarded by an eligible educational institution (as defined in section 25A(f)(2)), and (B)during such taxable year, such individual performs at least 1,200 hours of child care services at a facility if— (i)the principal use of the facility is to provide child care services, (ii)no more than 25 percent of the children receiving child care services at the facility are children (as defined in section 152(f)) of the individual or such individual’s spouse, and (iii)the facility meets the requirements of all applicable laws and regulations of the State or local government in which it is located, including the licensing of the facility as a child care facility. Subparagraph (B)(i) shall not apply to a facility which is the principal residence (within the meaning of section 121) of the operator of the facility.(2)
Child care services
The term child care services means child care and early childhood education.
. (b)
Clerical amendment
The table of sections for such subpart A is amended by inserting after the item relating to section 25D the following new item: Sec. 25E. Right Start Child Care and Education Credit.. (c)
Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2008.
5.
Increase in exclusion for employer-provided dependent care assistance
(a)
In general
Subparagraph (A) of section 129(a)(2) of the Internal Revenue Code of 1986 (relating to dependent care assistance programs) is amended by striking $5,000 ($2,500 and inserting $7,500 ($3,750. (b)
Effective date
The amendment made by this section shall apply to taxable years beginning after December 31, 2008.