legislation: 100-s-2730
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| 100-s-2730 | 100 | s | 2730 | Kids in Day-Care Services Act of 1988 | Families | 1988-08-10 | 1988-08-10 | Read twice and referred to the Committee on Finance. | Senate | Sen. Wilson, Pete [R-CA] | CA | R | W000607 | 1 | Kids in Day-Care Services Act of 1988 - Title I: Dependent Care Planning and Development Program - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to add a new subtitle B, Dependent Care Planning and Development Program. Authorizes appropriations for FY 1989 through 1992 for allotments to States under such program. Sets forth State allotment formulas based on population, weighted by relative per capita income. Sets the Federal share of program costs at 75 percent and the State share at 25 percent. Requires States to use allotment funds to make grants to eligible entities for authorized projects. Defines eligible entity as: (1) a unit of State or local government; (2) a local education agency; (3) a nonprofit tax-exempt organization; (4) a professional employee association; (5) a consortium of small businesses; (6) an institution of higher education; (7) a hospital or health care facility; (8) a family care provider; and (9) any public, private, or nonprofit entity that the State considers able and appropriate. Defines eligible families as those with one or more children under age 13 and with a family income not exceeding the State median. Authorizes use of program grants for projects for: (1) provision of child care services through various programs, including a certificate or voucher program for eligible families; (2) existing State child care programs consistent with the purposes of this Act; (3) community or neighborhood child care centers, including renovation of public buildings for such purposes; (4) after-school child care programs; (5) recruitment and training of senior citizens to serve as child care providers; (6) child care programs for children of migrant workers; (7) grants or loans to fund start-up costs of onsite child care offered by small business concerns; (8) training of child care providers; (9) temporary care of children who are sick and unable to attend child care programs in which they are enrolled; or (10) other purposes consistent with this Act. Prohibits States from using allotment funds to: (1) provide inpatient health care services or other such unrelated services (except temporary sick child care services); (2) make cash payments to intended recipients of services (other than certificates or vouchers for low-income families); (3) support any project in which child care services are not based on a sliding fee scale; (4) purchase major medical equipment (except with respect to temporary sick child care services); or (5) satisfy any requirement for expenditure of non-Federal funds as a condition for receipt of Federal funds. Authorizes the Secretary of Health and Human Services (the Secretary) to waive such limitations under extraordinary circumstances. Directs the Secretary to provide, upon request, technical assistance to a State in planning and operating activities under this title. Limits the amount of a State's expenditures from its allotment for administrative costs. Requires the State, from such administrative funds, to: (1) provide technical assistance to eligible entities participating in assisted projects; (2) investigate alleged child abuse in assisted projects; (3) coordinate assisted projects with existing programs; (4) establish regular communications with registered, licensed, and accredited child care providers concerning regulatory standards, provider training opportunities, provider support groups, and nutrition assistance programs; and (5) establish a consumer education program to inform parents and the general public about regulatory standards, complaint procedures, and the importance of parental involvement in assuring quality child care. Sets forth State plan requirements. Requires such plans to be submitted to the Secretary within one year after enactment of this title, and approved or disapproved within 30 days after receipt. Requires States, in order to receive funds under this title, to establish standards for: (1) accrediting and licensing family-based and group child care providers; (2) inspecting and certifying such providers based on such standards; and (3) minimum competency requirements for child care providers. Requires States to consult with various entities in developing such standards. Sets forth grant application requirements for eligible entities, including requirements for sliding fee schedules and parental involvement. Requires States, in making such grants, to give priority to applications from eligible providers that attempt to expand or improve significantly the provision of child care services to children of parents with low or modest incomes. Requires grant recipients to fund from ten to 50 percent of the project costs with non-Federal funds, in cash or in kind. Sets forth annual reporting requirements for: (1) States receiving funds under this title to the Secretary; and (2) the Secretary to the appropriate congressional committees. Title II: Child Care Liability Risk Reduction and Revolving Loan Fund - Subtitle A: Liability Risk Reduction - Authorizes any State to assist in the establishment and operation of a child care liability risk retention group (i.e. a corporation or other limited liability association whose members are child care providers licensed or accredited pursuant to State or local law or standards, and which otherwise satisfies specified criteria for risk retention groups). Sets forth State application requirements. Requires State plans to: (1) identify the lead agency designated and responsible for the administration of funds under this subtitle; (2) provide that all participants in the child care liability risk retention group are child care providers who are licensed or accredited pursuant to State or local law or standards; (3) provide for maximum membership of family-based child care providers in the group; (4) provide that the State shall use at least the amount allotted to establish or operate a child care liability risk retention group; and (5) specify how the child care liability risk retention group will continue to be financed after FY 1991, including financing through contributions by the State or by members of such group. Directs the Secretary to review and approve State plans and to monitor State compliance with requirements of this subtitle. Provides for suspension of payments upon a finding of noncompliance. Authorizes appropriations for FY 1989 to carry out this subtitle and to remain available for assistance to States for FY 1989 through 1991. Directs the Secretary to reserve specified portions of such funds for payments to specified U.S. territories and for administrative costs. Directs the Secretary to allot the remainder to States on the basis of population, weighted by relative per capita income. Permits a portion of such allotments to be used for State administrative costs. Sets forth provisions relating to entitlement, method, and State carryover spending of allotment payments. Subtitle B: Revolving Loan Fund - Sets forth requirements for State applications for assistance under this subtitle. Requires State plans to set forth procedures and requirements whereby persons desiring to make capital improvements to their principal residence in order to become a licensed or accredited family-based child care facility may obtain a loan from the State revolving loan fund. Requires such fund to be administered by the State and to provide loans to qualified applicants, pursuant to terms and conditions the State establishes. Limits the amount of any such loan to $1,500. Requires the State plan to provide that: (1) the State establish a revolving loan fund with certain procedures; and (2) only licensed or accredited applicants benefit from such loans. Authorizes appropriations for FY 1989 to carry out this subtitle and to remain available for assistance to States for FY 1989 through 1991. Directs the Secretary to reserve specified portions of such funds for payments to specified U.S. territories and for administrative costs. Directs the Secretary to allot the remainder to States on the basis of population, weighted by relative per capita income. Permits a portion of such allotments to be used for State administrative costs. Title III: Social Security Act Provision - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to exclude child care services earnings from the limitation on wages or self-employment income for purposes of determining benefits for certain individuals. Title IV: Internal Revenue Code Provisions - Amends the Internal Revenue Code to establish an income tax credit for small businesses for 25 percent of expenses paid or incurred to acquire, construct, maintain, or operate a qualified child care facility. Requires that such facility be operated by the small business. Requires that at least 30 percent of the facility be operated by the small business. Requires that at least 30 percent of the facility's enrollees be dependents of employees of such small business. Requires that the facility be located at or near the small business' premises. Requires that the facility be accredited or licensed under State and local laws. Sets forth rules for a facility operated by a consortium of small businesses. Defines small business as any person who employs less than 50 full-time employees in any one pay period. Sets forth rules for basis adjustments. Prohibits double benefits. Sets forth special rules for aggregation and allocation, and for pass-through of credit. Makes a small business ineligible for such credit if it received a child care project grant under the Public Health Service Act during such taxable year. Requires cafeteria plans to provide a child care option. Revises provisions for calculation of the child and dependent care tax credit. Phases out such credit completely for adjusted gross incomes above $93,500. Provides for a refundable dependent care services tax credit. Establishes a children's tax credit which allows an individual who maintains a household including one or more children under age four a tax credit equal to the child care expenses for each qualifying child. Limits to $750 the amount for each child to be taken into account for such credit, and prohibits taking a credit for more than two qualifying children in any one year. Limits such credit to taxpayers whose adjusted gross income does not exceed specified amounts in each year from 1989 through 1993. Sets forth other special rules. Disallows such credit to any taxpayer allowed a specified dependent care credit for the same taxable year. Title V: Miscellaneous - Amends the Community Services Block Grant Act to direct the Secretary to reserve specified funds in each fiscal year for grants to States funding local child day care projects in order to improve the provision of affordable and quality child care services. Amends the Housing and Community Development Act of 1974 to allow additional assistance under the community development block grant program to be used for child care. Requires the Director of the Office of Personnel Management, within 90 days after the enactment of this Act, to study and report to the appropriate congressional committees on: (1) the feasibility of offering child and adult day care as a benefit to Federal employees through health insurance plans; (2) the ability of health insurance providers to subcontract the management of child and adult care facilities; and (3) the approximate cost to the Federal Government, to Federal employees, and to health insurance providers of offering child and adult day care as a benefit of Federal employment. Directs the Secretary, in conjunction with the heads of other relevant Federal agencies and departments, to: (1) study all child care programs and activities that receive Federal assistance; and (2) report, within one year after enactment of this Act, to the appropriate congressional committees on such study. Sets forth the contents of such report. Expresses the sense of the Senate that States should be required to assist low and moderate income families in finding affordable and quality child care services. | 2025-08-28T20:06:33Z |