I 
117TH CONGRESS 
1ST SESSION 
H. R. 540 
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 HOUSE OF REPRESENTATIVES 
JANUARY 28, 2021 
Mr. HARDER of California (for himself and Ms. HERRERA BEUTLER) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and Labor 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Child Care Workforce 
and Facilities Act of 2021’’. 
SEC. 2. CHILD CARE WORKFORCE AND FACILITIES GRANTS. 
(a) DEFINITIONS.—In this Act: 
(1) CHILD
CARE
AND
DEVELOPMENT
BLOCK 
GRANT ACT OF 1990 DEFINITIONS.—The terms ‘‘eli-
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gible child care provider’’, ‘‘Indian Tribe’’, ‘‘Tribal 
organization’’, and ‘‘State’’ have the meanings given 
the terms in section 658P of the Child Care and De-
velopment Block Grant Act of 1990 (42 U.S.C. 
9858n). 
(2) CHILD
CARE
DESERT.—The term ‘‘child 
care desert’’ means— 
(A) an area— 
(i) within a census tract; and 
(ii) in which the number of children 
who are under age 5 (as determined using 
the most recent American Community Sur-
vey 1-year Estimates, as published by the 
Bureau of the Census) is more than 3 
times the number of slots provided by child 
care providers who are licensed or reg-
istered by the State involved; or 
(B) a community that the State or Tribal 
entity involved determines has a low supply of 
quality, affordable child care. 
(3) FAMILY CHILD CARE PROVIDER.—The term 
‘‘family child care provider’’ means such a provider 
that is described in paragraph (6)(A) of section 
658P of the Child Care and Development Block 
Grant Act of 1990. 
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(4) LICENSED FAMILY CHILD CARE HOME.— 
The term ‘‘licensed family child care home’’ means 
a facility of a family child care provider. 
(5) PORTABLE CREDENTIAL; STACKABLE CRE-
DENTIAL.—The terms ‘‘portable’’ and ‘‘stackable’’, 
used with respect to a credential, have the meanings 
given the terms in the guidance document entitled 
‘‘Training and Employment Guidance Letter No. 
15–10’’, issued by the Assistant Secretary for Em-
ployment and Training of the Department of Labor 
on December 15, 2010. 
(6) POSTSECONDARY
EDUCATIONAL
INSTITU-
TION.—The term ‘‘postsecondary educational institu-
tion’’ means an institution of higher education, as 
defined in section 102 of the Higher Education Act 
of 1965 (20 U.S.C. 1002). 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services, after 
consultation with the Secretary of Education and 
the Secretary of Labor. 
(8) TRIBAL
AREA.—The term ‘‘Tribal area’’ 
means a reservation or other area that is served by 
a Tribal entity. 
(9) TRIBAL ENTITY.—The term ‘‘Tribal entity’’ 
means an Indian Tribe or Tribal organization. 
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(b) GRANTS TO STATES AND TRIBAL ENTITIES.— 
(1) GRANTS.— 
(A) IN
GENERAL.—The Secretary shall 
make grants to States and Tribal entities on a 
competitive basis under subparagraph (B) to 
pay for the Federal share of the cost of car-
rying out projects described in this Act, in 
order to increase access to quality child care, by 
eligible child care providers, in the States and 
Tribal areas. 
(B) TYPES OF GRANTS.—In making those 
grants, the Secretary may make— 
(i) a child care workforce grant for a 
State or Tribal project to develop and ex-
pand the workforce of eligible child care 
providers in child care deserts in the State 
or Tribal area; or 
(ii) a child care facility grant for a 
State or Tribal project through which a 
State or Tribal entity may use or disburse 
the grant funds, including by making 
loans, for the construction, expansion, or 
renovation of facilities of eligible child care 
providers, including licensed family child 
care homes of family child care providers 
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(including combinations of such providers) 
who are eligible child care providers, in 
child care deserts in the State or Tribal 
area. 
(C) PERIOD OF GRANTS.—The Secretary 
shall make a grant under this paragraph for a 
period of not more than 5 years. 
(2) APPLICATION.—To be eligible to receive a 
grant under this subsection, a State or Tribal entity 
shall submit an application to the Secretary for a 
project described in paragraph (1) at such time, in 
such manner, and containing a plan that contains 
such information related to the project as the Sec-
retary may reasonably require, including— 
(A) information identifying the lead State 
agency that will administer the grant as deter-
mined by the Governor of the State, including 
whether the lead agency will be different from 
the lead agency referred to in section 658D of 
the Child Care and Development Block Grant 
Act of 1990 (42 U.S.C. 9858b), or cor-
responding information for a lead Tribal agency 
in the case of a Tribal area; 
(B) in the case of a child care workforce 
grant— 
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(vii) a description of how the State 
agency or Tribal entity will— 
(I) coordinate activities carried 
out under the child care workforce 
grant with activities carried out under 
the Carl D. Perkins Career and Tech-
nical Education Act of 2006 (20 
U.S.C. 2301 et seq.) and the Work-
force Innovation and Opportunity Act 
(29 U.S.C. 3101 et seq.) to support 
education and training described in 
clause (iii)(I); 
(II) 
leverage 
funds 
provided 
under the Acts specified in subclause 
(I) to support that education and 
training; and 
(III) utilize, and encourage indi-
vidual participants in projects sup-
ported under this subsection to utilize, 
available Federal and State financial 
assistance, including assistance avail-
able under the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3101 
et seq.), education assistance benefits 
available to veterans, and Federal Pell 
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Grants available under section 401 of 
the Higher Education Act of 1965 (20 
U.S.C. 1070a), prior to using assist-
ance made available under this Act; 
and 
(C) in the case of a child care facility 
grant— 
(i) information, with respect to the 
child care facility project involved, de-
scribed in clause (v) of subparagraph (B); 
(ii) information on how the State or 
Tribal entity will use the grant funds to 
expand the supply of family child care pro-
viders (including combinations of such pro-
viders); and 
(iii) information describing how the 
project will— 
(I) directly and indirectly, in-
crease the availability of quality child 
care provided by eligible child care 
providers in child care deserts (re-
ferred to in this clause as ‘‘target 
child care’’) in the State or Tribal 
area, including through the construc-
tion, expansion, or renovation of child 
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care facilities, including center-based 
child care facilities and licensed family 
child care homes; 
(II) address the affordability of 
target child care; and 
(III) address the provision of tar-
get child care during nontraditional 
hours. 
(3) USE OF FUNDS.— 
(A) CHILD CARE WORKFORCE GRANTS.—A 
State or Tribal entity that receives a child care 
workforce grant under paragraph (1)(B)(i) may 
use the funds made available through the grant 
to support programs that assist individuals in 
obtaining the education or training described in 
paragraph (2)(B)(iii)(I), or education or train-
ing described in paragraph (2)(B)(iii)(II), in-
cluding using the funds to defray any of the fol-
lowing costs of related instruction: 
(i) Tuition and fees. 
(ii) Cost of textbooks, equipment, cur-
riculum development, and other required 
educational materials. 
(iii) Cost of creating or expanding ca-
pacity for statewide, regional, or local child 
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care resource and referral organizations, or 
similar entities, to conduct outreach, tech-
nical assistance, or State-recognized and 
credentialed training. 
(iv) Cost of any other item or service 
determined by the State or Tribal entity to 
be necessary. 
(B) CHILD
CARE
FACILITY
GRANTS.—A 
State or Tribal entity that receives a child care 
facility grant under paragraph (1)(B)(ii) may 
use the funds made available through the grant 
to increase the availability of quality child care 
as described in paragraph (2)(C)(iii)(I) by con-
structing, expanding, or renovating child care 
facilities, including using the funds to defray 
any of the following costs: 
(i) Cost of equipment or materials. 
(ii) Cost of construction, expansion, or 
renovation. 
(iii) Cost of any other item or service 
determined by the State or Tribal entity to 
be necessary. 
(4) ADMINISTRATIVE
COSTS.—The State or 
Tribal entity that receives a grant under paragraph 
(1) may use not more than 10 percent of the grant 
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funds for administrative costs relating to carrying 
out a project described in paragraph (1). 
(c) FEDERAL SHARE.— 
(1) IN GENERAL.—The Federal share of the 
cost described in subsection (b)(1) shall be 50 per-
cent. 
(2) NON-FEDERAL SHARE.—The State or Trib-
al entity may make the non-Federal share avail-
able— 
(A) in cash or in-kind, fairly evaluated, in-
cluding plant, equipment, or services; and 
(B) directly or through donations from 
public or private entities (other than recipients 
of assistance from a State or Tribal entity 
under this section). 
(d) EVALUATION AND REPORT.— 
(1) EVALUATION.—The Secretary shall conduct 
an evaluation of the activities carried out under the 
grants, which shall include an analysis of— 
(A) with respect to the child care work-
force grants— 
(i) the characteristics of the individ-
uals benefitting from the grants; 
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(ii) the progress of such individuals in 
attaining stackable, portable credentials; 
and 
(iii) the progress the States and Trib-
al entities have achieved through the 
grants in enhancing retention and com-
pensation of eligible child care providers; 
(B) with respect to the child care facilities 
grants, the number and location of facilities 
benefitting from the grants; and 
(C) the overall impact of the grants made 
under this section on the number and con-
centration of child care deserts across the Na-
tion. 
(2) REPORT.—Not later than 2 years after the 
end of the grant period of the first child care work-
force or child care facility grant the Secretary makes 
under subsection (b)(1), the Secretary shall submit 
a report to Congress that contains the findings of 
the evaluation. 
(e) POLICY OF THE UNITED STATES.—It is the pol-
icy of the United States that funds made available to a 
State or Tribal entity under this section should be used 
to supplement and not supplant other funds available 
under the Carl D. Perkins Career and Technical Edu-
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cation Act of 2006 (20 U.S.C. 2301 et seq.) and the 
Workforce Innovation and Opportunity Act (29 U.S.C. 
3101 et seq.) and other Federal and State funds available 
to the State or Tribal entity to support programs to de-
velop or expand the child care workforce or to construct, 
expand, or renovate child care facilities. 
SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
this Act a total of $100,000,000 for fiscal years 2022 
through 2028. 
Æ 
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