[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 268 Introduced in Senate (IS)]

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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.

    Be it enacted by the Senate and House of Representatives 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 2023''.

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 ``eligible child care provider'', 
        ``Indian Tribe'', ``Tribal organization'', and ``State'' have 
        the meanings given the terms in section 658P of the Child Care 
        and Development 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 Survey 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 registered 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.
            (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 credential.--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 Employment and 
        Training of the Department of Labor on December 15, 2010.
            (6) Postsecondary educational institution.--The term 
        ``postsecondary educational institution'' 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.
    (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 carrying 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 expand 
                        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 (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 Secretary may reasonably require, including--
                    (A) information identifying the lead State agency 
                that will administer the grant as determined 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 
                corresponding information for a lead Tribal agency in 
                the case of a Tribal area;
                    (B) in the case of a child care workforce grant--
                            (i) information specifying how the project 
                        carried out under the grant will increase the 
                        number of individuals attaining stackable and 
                        portable credentials in child care or early 
                        childhood education;
                            (ii) information describing how the State 
                        or Tribal agency will emphasize the provision 
                        of--
                                    (I) outreach to individuals who do 
                                not have degrees from postsecondary 
                                educational institutions, regarding 
                                career pathways to careers in child 
                                care or early childhood education; and
                                    (II) outreach to individuals who 
                                seek a career working with children, 
                                but who have not completed the 
                                requirements for, or cannot afford to 
                                obtain, a degree from a postsecondary 
                                educational institution in education, 
                                child care, or early childhood 
                                education;
                            (iii) information describing how the 
                        project will provide assistance, including 
                        assistance described in paragraph (3)(A), to 
                        individuals--
                                    (I) who are pursuing or with such 
                                project assistance would pursue 
                                secondary education, postsecondary 
                                education, or training, that leads to a 
                                recognized postsecondary credential (as 
                                defined in section 3 of the Workforce 
                                Innovation Opportunity Act (29 U.S.C. 
                                3102)), and that is eligible for 
                                support under the Carl D. Perkins 
                                Career and Technical Education Act of 
                                2006 (20 U.S.C. 2301 et seq.) or the 
                                Workforce Innovation and Opportunity 
                                Act (29 U.S.C. 3101 et seq.), to enable 
                                the individuals to successfully 
                                complete the education or training 
                                involved; or
                                    (II) who are pursuing or with such 
                                project assistance would pursue 
                                secondary education, postsecondary 
                                education, or training, that meets such 
                                requirements as the State or Tribal 
                                entity shall specify, even if the 
                                education or training does not lead to 
                                credit toward such a recognized 
                                postsecondary credential or a degree 
                                from a postsecondary educational 
                                institution;
                            (iv) information describing how the project 
                        will--
                                    (I) increase the availability of 
                                quality child care provided by eligible 
                                child care providers in child care 
                                deserts (referred to in this clause as 
                                ``target child care'') in the State or 
                                Tribal area;
                                    (II) address the affordability of 
                                target child care; and
                                    (III) address the provision of 
                                target child care during nontraditional 
                                hours;
                            (v) information describing how the project 
                        will increase access to quality child care 
                        provided by eligible child care providers in 
                        centers or other child care facilities;
                            (vi) information describing how the project 
                        will enhance retention or compensation of 
                        eligible child care providers; and
                            (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 
                                Technical Education Act of 2006 (20 
                                U.S.C. 2301 et seq.) and the Workforce 
                                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 
                                individual participants in projects 
                                supported under this subsection to 
                                utilize, available Federal and State 
                                financial assistance, including 
                                assistance available under the 
                                Workforce Innovation and Opportunity 
                                Act (29 U.S.C. 3101 et seq.), education 
                                assistance benefits available to 
                                veterans, and Federal Pell Grants 
                                available under section 401 of the 
                                Higher Education Act of 1965 (20 U.S.C. 
                                1070a), prior to using assistance 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, described 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 providers 
                        (including combinations of such providers); and
                            (iii) information describing how the 
                        project will--
                                    (I) directly and indirectly, 
                                increase the availability of quality 
                                child care provided by eligible child 
                                care providers in child care deserts 
                                (referred to in this clause as ``target 
                                child care'') in the State or Tribal 
                                area, including through the 
                                construction, expansion, or renovation 
                                of child 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 
                                target 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 
                training described in paragraph (2)(B)(iii)(II), 
                including using the funds to defray any of the 
                following costs of related instruction:
                            (i) Tuition and fees.
                            (ii) Cost of textbooks, equipment, 
                        curriculum development, and other required 
                        educational materials.
                            (iii) Cost of creating or expanding 
                        capacity for statewide, regional, or local 
                        child care resource and referral organizations, 
                        or similar entities, to conduct outreach, 
                        technical 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 constructing, 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 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 percent.
            (2) Non-federal share.--The State or Tribal entity may make 
        the non-Federal share available--
                    (A) in cash or in kind, fairly evaluated, including 
                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 workforce 
                grants--
                            (i) the characteristics of the individuals 
                        benefitting from the grants;
                            (ii) the progress of such individuals in 
                        attaining stackable, portable credentials; and
                            (iii) the progress the States and Tribal 
                        entities have achieved through the grants in 
                        enhancing retention and compensation 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 concentration of child 
                care deserts across the Nation.
            (2) Report.--Not later than 2 years after the end of the 
        grant period of the first child care workforce 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 policy 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 Education 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 
develop 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 2024 through 2030.
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