I 

111TH CONGRESS 

1ST SESSION H. R. 2041 

To establish a program to provide child care through public-private 

partnerships. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 22, 2009 

Mrs. LOWEY introduced the following bill; which was referred to the 

Committee on Education and Labor 

A BILL 

To establish a program to provide child care through publicprivate partnerships. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Child Care Public-Pri5 vate Partnership Act of 2009’’. 

6 SEC. 2. ESTABLISHMENT OF BUSINESS INCENTIVE GRANT 

7 PROGRAM. 

8 The Secretary of Health and Human Services shall 

9 establish a program to make grants to— 

10 (1) businesses and consortia— 


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1 (A) to pay start-up costs incurred to pro2 vide child care services; or 

3 (B) to provide additional child care serv4 ices needed by the employees of such busi5 nesses; and 

6 (2) nonprofit business organizations to provide 

7 technical information and assistance to enable busi8 nesses to provide child care services. 

9 SEC. 3. ELIGIBILITY TO RECEIVE GRANTS. 

10 To be eligible to receive a grant under section 2, a 

11 business, nonprofit business organization, or consortium 

12 shall submit to the Secretary an application in accordance 

13 with section 4. 

14 SEC. 4. APPLICATION. 

15 The application required by section 3 shall be sub16 mitted by a business, nonprofit business organization, or 

17 consortium at such time, in such form, and containing 

18 such information as the Secretary may require by rule, 

19 except that such application shall contain— 

20 (1) an assurance that the applicant shall ex21 pend, for the purpose for which such grant is made, 

22 an amount not less than 200 percent of the amount 

23 of such grant; 


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1 (2) an assurance that such applicant will ex2 pend such grant for the use specified in paragraph 

3 (1) or (2) of section 2, as the case may be; 

4 (3) an assurance that such applicant will em5 ploy strategies to ensure that child care services pro6 vided by such applicant, or provided with the tech7 nical information and assistance made available by 

8 such applicant, are provided at affordable rates, and 

9 on an equitable basis, to low- and moderate-income 

10 employees; 

11 (4) an assurance that such applicant— 

12 (A) in the case of a business or consor13 tium, will comply with all State and local licens14 ing requirements applicable to such business or 

15 consortium concerning the provision of child 

16 care services; or 

17 (B) in the case of a nonprofit business or18 ganization, will employ procedures to ensure 

19 that technical information and assistance pro20 vided under this Act by such business organiza21 tion will be provided only to businesses that 

22 provide child care services in compliance with 

23 all State and local licensing requirements appli24 cable to child care providers in such State; and 


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1 (5) in the case of a business or consortium, an 

2 assurance that if the employees of such applicant do 

3 not require all the child care services for which such 

4 grant and the funds required by paragraph (1) are 

5 to be expended by such applicant, the excess of such 

6 child care services shall be made available to families 

7 in the community in which such applicant is located. 

8 SEC. 5. SELECTION OF GRANTEES. 

9 For purposes of selecting applicants to receive grants 

10 under this Act, the Secretary shall give priority to busi11 nesses that have fewer than 100 full-time employees. To 

12 the extent practicable, the Secretary shall— 

13 (1) make grants equitably under this Act to ap14 plicants located in all geographical regions of the 

15 United States; and 

16 (2) give priority to applicants for grants under 

17 section 2(1). 

18 SEC. 6. DEFINITIONS. 

19 As used in this Act: 

20 (1) BUSINESS.—The term ‘‘business’’ means a 

21 person engaged in commerce whose primary activity 

22 is not providing child care services. 

23 (2) CHILD CARE SERVICES.—The term ‘‘child 

24 care services’’ means care for a child that is— 


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1 (A) provided on the site at which a parent 

2 of such child is employed or at a site nearby in 

3 the community; and 

4 (B) subsidized at least in part by the busi5 ness that employs such parent. 

6 (3) CONSORTIUM.—The term ‘‘consortium’’ 

7 means 2 or more businesses acting jointly. A consor8 tium may also include a nonprofit private organiza9 tion. 

10 (4) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of Health and Human Services. 

12 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

13 There is authorized to be appropriated to carry out 

14 this Act $25,000,000 for each of the fiscal years 2010 

15 through 2012. 

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