II 

118TH CONGRESS 

1ST SESSION S. 268 

To assist States in carrying out projects to expand the child care workforce 

and child care facilities in the States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 2, 2023 

Ms. KLOBUCHAR (for herself, Mr. SULLIVAN, Mr. KING, Ms. SINEMA, Mrs. 

SHAHEEN, Mr. HEINRICH, Mr. WHITEHOUSE, Ms. DUCKWORTH, Mrs. 

FEINSTEIN, Mrs. GILLIBRAND, and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

To assist States in carrying out projects to expand the child 

care workforce and child care facilities in the States, 

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 Workforce 

5 and Facilities Act of 2023’’. 

6 SEC. 2. CHILD CARE WORKFORCE AND FACILITIES GRANTS. 

7 (a) DEFINITIONS.—In this Act: 


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1 (1) CHILD CARE AND DEVELOPMENT BLOCK

2 GRANT ACT OF 1990 DEFINITIONS.—The terms ‘‘eli3 gible child care provider’’, ‘‘Indian Tribe’’, ‘‘Tribal 

4 organization’’, and ‘‘State’’ have the meanings given 

5 the terms in section 658P of the Child Care and De6 velopment Block Grant Act of 1990 (42 U.S.C. 

7 9858n). 

8 (2) CHILD CARE DESERT.—The term ‘‘child 

9 care desert’’ means— 

10 (A) an area— 

11 (i) within a census tract; and 

12 (ii) in which the number of children 

13 who are under age 5 (as determined using 

14 the most recent American Community Sur15 vey 1-year Estimates, as published by the 

16 Bureau of the Census) is more than 3 

17 times the number of slots provided by child 

18 care providers who are licensed or reg19 istered by the State involved; or 

20 (B) a community that the State or Tribal 

21 entity involved determines has a low supply of 

22 quality, affordable child care. 

23 (3) FAMILY CHILD CARE PROVIDER.—The term 

24 ‘‘family child care provider’’ means such a provider 

25 that is described in paragraph (6)(A) of section 


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1 658P of the Child Care and Development Block 

2 Grant Act of 1990. 

3 (4) LICENSED FAMILY CHILD CARE HOME.— 

4 The term ‘‘licensed family child care home’’ means 

5 a facility of a family child care provider. 

6 (5) PORTABLE CREDENTIAL; STACKABLE CRE7 DENTIAL.—The terms ‘‘portable’’ and ‘‘stackable’’, 

8 used with respect to a credential, have the meanings 

9 given the terms in the guidance document entitled 

10 ‘‘Training and Employment Guidance Letter No. 

11 15–10’’, issued by the Assistant Secretary for Em12 ployment and Training of the Department of Labor 

13 on December 15, 2010. 

14 (6) POSTSECONDARY EDUCATIONAL INSTITU15 TION.—The term ‘‘postsecondary educational institu16 tion’’ means an institution of higher education, as 

17 defined in section 102 of the Higher Education Act 

18 of 1965 (20 U.S.C. 1002). 

19 (7) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Health and Human Services, after 

21 consultation with the Secretary of Education and 

22 the Secretary of Labor. 

23 (8) TRIBAL AREA.—The term ‘‘Tribal area’’ 

24 means a reservation or other area that is served by 

25 a Tribal entity. 


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1 (9) TRIBAL ENTITY.—The term ‘‘Tribal entity’’ 

2 means an Indian Tribe or Tribal organization. 

3 (b) GRANTS TO STATES AND TRIBAL ENTITIES.— 

4 (1) GRANTS.— 

5 (A) IN GENERAL.—The Secretary shall 

6 make grants to States and Tribal entities on a 

7 competitive basis under subparagraph (B) to 

8 pay for the Federal share of the cost of car9 rying out projects described in this Act, in 

10 order to increase access to quality child care, by 

11 eligible child care providers, in the States and 

12 Tribal areas. 

13 (B) TYPES OF GRANTS.—In making those 

14 grants, the Secretary may make— 

15 (i) a child care workforce grant for a 

16 State or Tribal project to develop and ex17 pand the workforce of eligible child care 

18 providers in child care deserts in the State 

19 or Tribal area; or 

20 (ii) a child care facility grant for a 

21 State or Tribal project through which a 

22 State or Tribal entity may use or disburse 

23 the grant funds, including by making 

24 loans, for the construction, expansion, or 

25 renovation of facilities of eligible child care 


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1 providers, including licensed family child 

2 care homes of family child care providers 

3 (including combinations of such providers) 

4 who are eligible child care providers, in 

5 child care deserts in the State or Tribal 

6 area. 

7 (C) PERIOD OF GRANTS.—The Secretary 

8 shall make a grant under this paragraph for a 

9 period of not more than 5 years. 

10 (2) APPLICATION.—To be eligible to receive a 

11 grant under this subsection, a State or Tribal entity 

12 shall submit an application to the Secretary for a 

13 project described in paragraph (1) at such time, in 

14 such manner, and containing a plan that contains 

15 such information related to the project as the Sec16 retary may reasonably require, including— 

17 (A) information identifying the lead State 

18 agency that will administer the grant as deter19 mined by the Governor of the State, including 

20 whether the lead agency will be different from 

21 the lead agency referred to in section 658D of 

22 the Child Care and Development Block Grant 

23 Act of 1990 (42 U.S.C. 9858b), or cor24 responding information for a lead Tribal agency 

25 in the case of a Tribal area; 


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1 (B) in the case of a child care workforce 

2 grant— 

3 (i) information specifying how the 

4 project carried out under the grant will in5 crease the number of individuals attaining 

6 stackable and portable credentials in child 

7 care or early childhood education; 

8 (ii) information describing how the 

9 State or Tribal agency will emphasize the 

10 provision of— 

11 (I) outreach to individuals who 

12 do not have degrees from postsec13 ondary educational institutions, re14 garding career pathways to careers in 

15 child care or early childhood edu16 cation; and 

17 (II) outreach to individuals who 

18 seek a career working with children, 

19 but who have not completed the re20 quirements for, or cannot afford to 

21 obtain, a degree from a postsecondary 

22 educational institution in education, 

23 child care, or early childhood edu24 cation; 


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1 (iii) information describing how the 

2 project will provide assistance, including 

3 assistance described in paragraph (3)(A), 

4 to individuals— 

5 (I) who are pursuing or with 

6 such project assistance would pursue 

7 secondary education, postsecondary 

8 education, or training, that leads to a 

9 recognized postsecondary credential 

10 (as defined in section 3 of the Work11 force Innovation Opportunity Act (29 

12 U.S.C. 3102)), and that is eligible for 

13 support under the Carl D. Perkins 

14 Career and Technical Education Act 

15 of 2006 (20 U.S.C. 2301 et seq.) or 

16 the Workforce Innovation and Oppor17 tunity Act (29 U.S.C. 3101 et seq.), 

18 to enable the individuals to success19 fully complete the education or train20 ing involved; or 

21 (II) who are pursuing or with 

22 such project assistance would pursue 

23 secondary education, postsecondary 

24 education, or training, that meets 

25 such requirements as the State or 


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1 Tribal entity shall specify, even if the 

2 education or training does not lead to 

3 credit toward such a recognized post4 secondary credential or a degree from 

5 a postsecondary educational institu6 tion; 

7 (iv) information describing how the 

8 project will— 

9 (I) increase the availability of 

10 quality child care provided by eligible 

11 child care providers in child care 

12 deserts (referred to in this clause as 

13 ‘‘target child care’’) in the State or 

14 Tribal area; 

15 (II) address the affordability of 

16 target child care; and 

17 (III) address the provision of tar18 get child care during nontraditional 

19 hours; 

20 (v) information describing how the 

21 project will increase access to quality child 

22 care provided by eligible child care pro23 viders in centers or other child care facili24 ties; 


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1 (vi) information describing how the 

2 project will enhance retention or compensa3 tion of eligible child care providers; and 

4 (vii) a description of how the State 

5 agency or Tribal entity will— 

6 (I) coordinate activities carried 

7 out under the child care workforce 

8 grant with activities carried out under 

9 the Carl D. Perkins Career and Tech10 nical Education Act of 2006 (20 

11 U.S.C. 2301 et seq.) and the Work12 force Innovation and Opportunity Act 

13 (29 U.S.C. 3101 et seq.) to support 

14 education and training described in 

15 clause (iii)(I); 

16 (II) leverage funds provided 

17 under the Acts specified in subclause 

18 (I) to support that education and 

19 training; and 

20 (III) utilize, and encourage indi21 vidual participants in projects sup22 ported under this subsection to utilize, 

23 available Federal and State financial 

24 assistance, including assistance avail25 able under the Workforce Innovation 


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1 and Opportunity Act (29 U.S.C. 3101 

2 et seq.), education assistance benefits 

3 available to veterans, and Federal Pell 

4 Grants available under section 401 of 

5 the Higher Education Act of 1965 (20 

6 U.S.C. 1070a), prior to using assist7 ance made available under this Act; 

8 and 

9 (C) in the case of a child care facility 

10 grant— 

11 (i) information, with respect to the 

12 child care facility project involved, de13 scribed in clause (v) of subparagraph (B); 

14 (ii) information on how the State or 

15 Tribal entity will use the grant funds to 

16 expand the supply of family child care pro17 viders (including combinations of such pro18 viders); and 

19 (iii) information describing how the 

20 project will— 

21 (I) directly and indirectly, in22 crease the availability of quality child 

23 care provided by eligible child care 

24 providers in child care deserts (re25 ferred to in this clause as ‘‘target 


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1 child care’’) in the State or Tribal 

2 area, including through the construc3 tion, expansion, or renovation of child 

4 care facilities, including center-based 

5 child care facilities and licensed family 

6 child care homes; 

7 (II) address the affordability of 

8 target child care; and 

9 (III) address the provision of tar10 get child care during nontraditional 

11 hours. 

12 (3) USE OF FUNDS.— 

13 (A) CHILD CARE WORKFORCE GRANTS.—A 

14 State or Tribal entity that receives a child care 

15 workforce grant under paragraph (1)(B)(i) may 

16 use the funds made available through the grant 

17 to support programs that assist individuals in 

18 obtaining the education or training described in 

19 paragraph (2)(B)(iii)(I), or education or train20 ing described in paragraph (2)(B)(iii)(II), in21 cluding using the funds to defray any of the fol22 lowing costs of related instruction: 

23 (i) Tuition and fees. 


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1 (ii) Cost of textbooks, equipment, cur2 riculum development, and other required 

3 educational materials. 

4 (iii) Cost of creating or expanding ca5 pacity for statewide, regional, or local child 

6 care resource and referral organizations, or 

7 similar entities, to conduct outreach, tech8 nical assistance, or State-recognized and 

9 credentialed training. 

10 (iv) Cost of any other item or service 

11 determined by the State or Tribal entity to 

12 be necessary. 

13 (B) CHILD CARE FACILITY GRANTS.—A 

14 State or Tribal entity that receives a child care 

15 facility grant under paragraph (1)(B)(ii) may 

16 use the funds made available through the grant 

17 to increase the availability of quality child care 

18 as described in paragraph (2)(C)(iii)(I) by con19 structing, expanding, or renovating child care 

20 facilities, including using the funds to defray 

21 any of the following costs: 

22 (i) Cost of equipment or materials. 

23 (ii) Cost of construction, expansion, or 

24 renovation. 


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1 (iii) Cost of any other item or service 

2 determined by the State or Tribal entity to 

3 be necessary. 

4 (4) ADMINISTRATIVE COSTS.—The State or 

5 Tribal entity that receives a grant under paragraph 

6 (1) may use not more than 10 percent of the grant 

7 funds for administrative costs relating to carrying 

8 out a project described in paragraph (1). 

9 (c) FEDERAL SHARE.— 

10 (1) IN GENERAL.—The Federal share of the 

11 cost described in subsection (b)(1) shall be 50 per12 cent. 

13 (2) NON-FEDERAL SHARE.—The State or Trib14 al entity may make the non-Federal share avail15 able— 

16 (A) in cash or in kind, fairly evaluated, in17 cluding plant, equipment, or services; and 

18 (B) directly or through donations from 

19 public or private entities (other than recipients 

20 of assistance from a State or Tribal entity 

21 under this section). 

22 (d) EVALUATION AND REPORT.— 

23 (1) EVALUATION.—The Secretary shall conduct 

24 an evaluation of the activities carried out under the 

25 grants, which shall include an analysis of— 


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1 (A) with respect to the child care work2 force grants— 

3 (i) the characteristics of the individ4 uals benefitting from the grants; 

5 (ii) the progress of such individuals in 

6 attaining stackable, portable credentials; 

7 and 

8 (iii) the progress the States and Trib9 al entities have achieved through the 

10 grants in enhancing retention and com11 pensation of eligible child care providers; 

12 (B) with respect to the child care facilities 

13 grants, the number and location of facilities 

14 benefitting from the grants; and 

15 (C) the overall impact of the grants made 

16 under this section on the number and con17 centration of child care deserts across the Na18 tion. 

19 (2) REPORT.—Not later than 2 years after the 

20 end of the grant period of the first child care work21 force or child care facility grant the Secretary makes 

22 under subsection (b)(1), the Secretary shall submit 

23 a report to Congress that contains the findings of 

24 the evaluation. 


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1 (e) POLICY OF THE UNITED STATES.—It is the pol2 icy of the United States that funds made available to a 

3 State or Tribal entity under this section should be used 

4 to supplement and not supplant other funds available 

5 under the Carl D. Perkins Career and Technical Edu6 cation Act of 2006 (20 U.S.C. 2301 et seq.) and the 

7 Workforce Innovation and Opportunity Act (29 U.S.C. 

8 3101 et seq.) and other Federal and State funds available 

9 to the State or Tribal entity to support programs to de10 velop or expand the child care workforce or to construct, 

11 expand, or renovate child care facilities. 

12 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

13 There is authorized to be appropriated to carry out 

14 this Act a total of $100,000,000 for fiscal years 2024 

15 through 2030. 

Æ 


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