II 

111TH CONGRESS 

1ST SESSION S. 1002 

To provide for the acquisition, construction, renovation, and improvement 

of child care facilities, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 7, 2009 

Mr. CASEY (for himself and Mrs. LINCOLN) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To provide for the acquisition, construction, renovation, and 

improvement of child care facilities, and for other purposes. 

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 Facilities 

5 Financing Act of 2009’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) CHILD CARE FACILITY.—The term ‘‘child 

9 care facility’’ means a structure used for the care 

10 and development of eligible children. 


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

2 care services’’ means child care and early childhood 

3 education. 

4 (3) COMMUNITY DEVELOPMENT FINANCIAL IN5 STITUTION.—The term ‘‘community development fi6 nancial institution’’ has the meaning given such 

7 term in section 103(5) of the Community Develop8 ment Banking and Financial Institutions Act of 

9 1994 (12 U.S.C. 4702(5)). 

10 (4) ELIGIBLE CHILD.—The term ‘‘eligible 

11 child’’ has the meaning given such term in section 

12 658P of the Child Care and Development Block 

13 Grant Act of 1990 (42 U.S.C. 9858n). 

14 (5) ELIGIBLE CHILD CARE PROVIDER.—The 

15 term ‘‘eligible child care provider’’ means— 

16 (A) an eligible child care provider as de17 fined in section 658P of the Child Care and De18 velopment Block Grant Act of 1990 (42 U.S.C. 

19 9858n); or 

20 (B) a Head Start center under the Head 

21 Start Act (42 U.S.C. 9831 et seq.). 

22 (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti23 ty’’ means— 


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1 (A) a community development financial in2 stitution certified by the Department of the 

3 Treasury; or 

4 (B) an organization that— 

5 (i) is described in section 501(c)(3) of 

6 the Internal Revenue Code of 1986; 

7 (ii) is exempt from taxation under 

8 section 501(a) of such Code; and 

9 (iii) has demonstrated experience in— 

10 (I) providing technical or finan11 cial assistance for the acquisition, con12 struction, renovation, or improvement 

13 of child care facilities; 

14 (II) providing technical, financial, 

15 or managerial assistance to eligible 

16 child care providers; and 

17 (III) securing private sources of 

18 capital financing for child care or 

19 other low-income community develop20 ment. 

21 (7) ELIGIBLE RECIPIENT.—The term ‘‘eligible 

22 recipient’’ means— 

23 (A) an eligible child care provider that pro24 vides child care services to an eligible child; 


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1 (B) an organization seeking to provide 

2 child care services to an eligible child; or 

3 (C) an organization providing or seeking to 

4 provide child care services to low-income chil5 dren as determined by the Secretary. 

6 (8) EQUIPMENT.—The term ‘‘equipment’’ in7 cludes— 

8 (A) machinery, utilities, and built-in equip9 ment, and any necessary structure to house the 

10 machinery, utilities, and equipment; and 

11 (B) any other items necessary for the func12 tioning of a child care facility, including fur13 niture, books, and program materials. 

14 (9) METROPOLITAN AREA.—The term ‘‘metro15 politan area’’ has the meaning given such term in 

16 section 102 of the Housing and Community Devel17 opment Act of 1974 (42 U.S.C. 5302). 

18 (10) SECRETARY.—The term ‘‘Secretary’’ 

19 means the Secretary of Health and Human Services. 

20 SEC. 3. TECHNICAL AND FINANCIAL ASSISTANCE GRANTS. 

21 (a) GRANT AUTHORITY.—The Secretary may make 

22 grants, on a competitive basis, to eligible entities to enable 

23 the eligible entities to carry out the authorized activities 

24 described in subsection (d) in accordance with this section. 


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1 (b) REQUIREMENT.—In making grants under sub2 section (a), the Secretary shall take into account the expe3 rience and success of eligible entities in attracting private 

4 financing and carrying out the types of activities for which 

5 grants under subsection (a) are made. 

6 (c) PRIORITY.—In making grants under subsection 

7 (a), the Secretary shall give priority to an eligible entity— 

8 (1) that has demonstrated experience— 

9 (A) providing technical or financial assist10 ance for the acquisition, construction, renova11 tion, or improvement of child care facilities; 

12 (B) providing technical, financial, or mana13 gerial assistance to eligible child care providers; 

14 and 

15 (C) securing private sources of capital fi16 nancing for child care or other low-income com17 munity development; and 

18 (2) whose application proposes to assist eligible 

19 recipients that serve— 

20 (A) low-income areas, including— 

21 (i) a community that— 

22 (I) is in a metropolitan area; and 

23 (II) has a median household in24 come that is not more than 80 percent 


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1 of the median household income of the 

2 metropolitan area; or 

3 (ii) a community that— 

4 (I) is not in a metropolitan area; 

5 and 

6 (II) has a median income that is 

7 not more than 80 percent of the me8 dian household income of the State in 

9 which the community is located; or 

10 (B) individuals, including eligible children, 

11 from families with incomes at or below 200 per12 cent of the poverty line (as defined by the Of13 fice of Management and Budget and revised an14 nually in accordance with section 673(2) of the 

15 Community Services Block Grant Act (42 

16 U.S.C. 9902(2))) applicable to a family of the 

17 size involved. 

18 (d) AUTHORIZED ACTIVITIES.— 

19 (1) CAPITAL FUND.—Each eligible entity that 

20 receives a grant under subsection (a) shall deposit 

21 the grant amount into a child care capital fund es22 tablished by the eligible entity. 

23 (2) PAYMENTS FROM FUNDS.—Each eligible en24 tity shall provide technical or financial assistance (in 

25 the form of loans, grants, investments, guarantees, 


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1 interest subsidies, and other appropriate forms of 

2 assistance) to eligible recipients from the child care 

3 capital fund the eligible entity establishes to pay 

4 for— 

5 (A) the acquisition, construction, renova6 tion, or improvement of child care facilities; 

7 (B) equipment for child care facilities; or 

8 (C) the provision of technical assistance to 

9 eligible child care providers to help the eligible 

10 child care providers undertake facilities im11 provement and expansion projects. 

12 (3) LOAN REPAYMENTS AND INVESTMENT PRO13 CEEDS.—An eligible entity that receives a loan re14 payment or investment proceeds from an eligible re15 cipient shall deposit such repayment or proceeds into 

16 the child care capital fund of the eligible entity for 

17 use in accordance with this section. 

18 (e) APPLICATIONS.— 

19 (1) ELIGIBLE ENTITIES.—To be eligible to re20 ceive a grant under subsection (a), an eligible entity 

21 shall submit an application to the Secretary at such 

22 time, in such form, and containing such information 

23 as the Secretary may require. 

24 (2) ELIGIBLE RECIPIENTS.—To obtain assist25 ance from an eligible entity under this section, an elVerDate Nov 24 2008 05:25 May 08, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1002.IS S1002

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1 igible recipient shall prepare and submit an applica2 tion to the eligible entity at such time, in such form, 

3 and containing such information as the eligible enti4 ty may require. 

5 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

6 There is authorized to be appropriated to carry out 

7 this section $50,000,000 for each of the fiscal years 2010 

8 through 2014. 

Æ 


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