Build Housing with Care Act of 2023

Subjects: Housing and Community Development


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1738 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1738

    To establish a grant program to address the crises in accessing 
 affordable housing and child care through the co-location of housing 
                and child care, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 18, 2023

   Mr. Wyden (for himself, Mr. Padilla, Mr. Merkley, Mr. Welch, Ms. 
Klobuchar, Ms. Warren, Mr. Whitehouse, and Mr. Heinrich) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
    To establish a grant program to address the crises in accessing 
 affordable housing and child care through the co-location of housing 
                and child care, 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 ``Build Housing with Care Act of 
2023''.

SEC. 2. PURPOSE.

    The purpose of this Act is to expand access to affordable housing 
and child care through the establishment of a grant program to promote 
the co-location of housing and child care providers.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Banking, Housing, and Urban 
                Affairs of the Senate;
                    (B) the Committee on Health, Education, Labor, and 
                Pensions of the Senate;
                    (C) the Committee on Financial Services of the 
                House of Representatives; and
                    (D) the Committee on Education and the Workforce of 
                the House of Representatives.
            (2) Caregiver; eligible child care provider.--The terms 
        ``caregiver'' and ``eligible child care provider'' have the 
        meanings given those terms in section 658P of the Child Care 
        and Development Block Grant Act of 1990 (42 U.S.C. 9858n).
            (3) Child care desert.--The term ``child care desert'' 
        means--
                    (A) a census tract that contains not less than 3 
                times more children than the licensed child care 
                providers in the census tract have the capacity to care 
                for; or
                    (B) a census tract where there are no licensed 
                child care providers.
            (4) Co-location facility.--The term ``co-location 
        facility'' means a housing facility that contains an eligible 
        child care provider within the facility, on the premises of the 
        facility, or nearby the facility, where such provider serves 
        the residents of the housing facility.
            (5) Community development financial institution.--The term 
        ``community development financial institution'' has the meaning 
        given the term in section 103 of the Community Development 
        Banking and Financial Institutions Act of 1994 (12 U.S.C. 
        4702).
            (6) Community development corporation.--The term 
        ``community development corporation'' has the same meaning as 
        when used in the Cranston-Gonzalez National Affordable Housing 
        Act (42 U.S.C. 12701 et seq.).
            (7) Community housing development organization.--The term 
        ``community housing development organization'' has the meaning 
        given the term in section 104 of the Cranston-Gonzalez National 
        Affordable Housing Act (42 U.S.C. 12704).
            (8) Eligible entity.--The term ``eligible entity'' means--
                    (A) a community development financial institution;
                    (B) an eligible child care provider;
                    (C) a public housing authority;
                    (D) a government entity including a public housing 
                agency;
                    (E) an Indian Tribe or a Tribal organization;
                    (F) a community development corporation;
                    (G) a housing developer using--
                            (i) low income housing tax credits under 
                        section 42 of the Internal Revenue Code of 
                        1986; or
                            (ii) new markets tax credits under section 
                        45D of the Internal Revenue Code of 1986;
                    (H) a nonprofit organization that develops housing;
                    (I) a community housing development organization;
                    (J) a consortia of 2 or more entities described in 
                this paragraph; or
                    (K) another entity identified as appropriate by the 
                Secretary.
            (9) Indian tribe; tribal organization.--The terms ``Indian 
        Tribe'' and ``Tribal organization''--
                    (A) have the meanings given those terms in section 
                4 of the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 5304); and
                    (B) include--
                            (i) tribally designated housing entities; 
                        and
                            (ii) entities that serve Native Hawaiians, 
                        as defined in section 338K(c) of the Public 
                        Health Service Act (42 U.S.C. 254s(c))).
            (10) Low-income family; public housing agency; very low-
        income family.--The terms ``low-income family'', ``public 
        housing agency'', and ``very low-income family'' have the 
        meanings given those terms in section 3(b) of the United States 
        Housing Act of 1937 (42 U.S.C. 1437a(b)).
            (11) Program.--The term ``Program'' means the program 
        established under section 4(b).
            (12) Public housing dwelling unit.--The term ``public 
        housing dwelling unit'' means a dwelling unit in public 
        housing, as defined in section 3(b) of the United States 
        Housing Act of 1937 (42 U.S.C. 1437a(b)).
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (14) Tribally designated housing entity.--The term 
        ``tribally designated housing entity'' has the meaning given 
        the term in section 4 of the Native American Housing Assistance 
        and Self-Determination Act of 1996 (25 U.S.C. 4103).

SEC. 4. HOUSING AND CHILD CARE PROVIDER CO-LOCATION GRANT PROGRAM.

    (a) Establishment.--The Secretary of Housing and Urban Development 
shall establish a program to award grants, on a competitive basis, to 
eligible entities to facilitate the design, planning, construction, 
conversion, retrofitting, preservation, or renovation of a co-location 
facility.
    (b) Consultation.--In developing the Program, the Secretary shall 
consult with--
            (1) the Secretary of Health and Human Services, acting 
        through the Assistant Secretary of the Administration for 
        Children and Families;
            (2) the Secretary of the Treasury, acting through the 
        Director of the Community Development Financial Institutions 
        Fund; and
            (3) the Secretary of Agriculture, acting through the Under 
        Secretary for Rural Development.
    (c) Application.--To be eligible to receive a grant under the 
Program, an eligible entity shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary determines appropriate, including the 
following:
            (1) A certification that the eligible child care provider 
        associated with the application is eligible to receive vouchers 
        or assistance under the Child Care and Development Block Grant 
        Act of 1990 (42 U.S.C. 9857 et seq.), or in the case of an 
        application to construct a new facility, or an application when 
        the eligible entity intends to subgrant or capitalize amounts 
        provided, a commitment to--
                    (A) establish a partnership with an eligible child 
                care provider not later than 1 year after the date on 
                which funding is received;
                    (B) submit to the Secretary a certification of the 
                eligibility of the provider to receive vouchers or 
                assistance under the Child Care and Development Block 
                Grant Act of 1990 (42 U.S.C. 9857 et seq.); and
                    (C) in the case of an application to construct a 
                new facility, or an application when the eligible 
                entity intends to subgrant or capitalize amounts 
                provided--
                            (i) clearly establish a project pipeline; 
                        and
                            (ii) certify that a child care provider 
                        associated with a co-location facility project 
                        receives vouchers or assistance under the Child 
                        Care and Development Block Grant Act of 1990 
                        (42 U.S.C. 9857 et seq.) or the Head Start Act 
                        of 1965 (42 U.S.C. 9831 et seq.).
            (2) A certification that activities funded by grant amounts 
        will not result in the eviction of residents of the housing 
        facility associated with the application.
            (3) A description of a plan to inform and engage with 
        residents of the housing facility associated with the 
        application about the proposed use of grant amounts.
            (4) A certification of compliance with required Federal, 
        State, and local environmental laws and State and local land 
        use policies, unless the eligible entity--
                    (A) intends to use grant amounts to facilitate the 
                planning or design required for permit approval; or
                    (B) demonstrates that the construction, 
                preservation, conversion, retrofitting, or renovation 
                of an existing facility does not require environmental 
                review.
            (5) A business plan for the eligible child care provider 
        associated with the application, submitted at the time of 
        application or not later than 1 year after the date on which 
        the application is submitted, including--
                    (A) a budget or, in the case of a new eligible 
                child care provider, a proposed budget;
                    (B) appropriate State and local licensing or, in 
                the case of a new eligible child care provider, a copy 
                of the application of the provider for appropriate 
                State and local licensing; and
                    (C) copies of contracts between the provider and a 
                local, county, regional, State, or Federal governmental 
                entity, to facilitate--
                            (i) the business operations of the 
                        provider; or
                            (ii) the enrollment of children from low-
                        income families with the provider.
    (d) Awarding of Grants.--
            (1) Priority.--In awarding grants under the Program, the 
        Secretary shall give priority to each eligible entity that 
        demonstrates that the eligible child care provider associated 
        with the application of the entity will--
                    (A) operate in a child care desert, a low-income 
                community, or a rural area as determined by the 
                Secretary;
                    (B) certify designation as a Head Start provider, 
                an Early Head Start Provider, a Migrant and Seasonal 
                Head Start Provider, or an American Indian and Alaska 
                Native Head Start Provider, or enroll at least 10 
                percent of children from very-low income families; or
                    (C) demonstrate a partnership with a community 
                development financial institution, including through 
                the provision of financial or technical assistance.
            (2) Grant amounts.--An eligible entity may be awarded not 
        more than $10,000,000 under the Program.
    (e) Use of Amounts.--
            (1) Eligible uses.--An eligible entity may only use grant 
        amounts provided under the Program to facilitate the design, 
        planning, construction, acquisition, preservation, conversion, 
        retrofitting, long-term leasing, or renovation of a new or 
        existing co-location facility.
            (2) Distribution.--An eligible entity receiving a grant 
        under this section may distribute grant amounts to a government 
        entity, a nonprofit organization that develops housing, a 
        public housing agency, a tribally designated housing entity, or 
        other appropriate entity as determined by the Secretary, to 
        carry out activities in accordance with this section.
            (3) Finance products.--A community development financial 
        institution receiving a grant under this section may capitalize 
        amounts received to create financial products, including loans, 
        to carry out activities in accordance with this section.
            (4) Pre-development and technical assistance.--An eligible 
        entity may use--
                    (A) not more than 10 percent of amounts awarded to 
                facilitate the pre-development phase of a new facility, 
                including planning and design; and
                    (B) not more than 10 percent of amounts awarded to 
                partner with a community development financial 
                institution that provides technical assistance and 
                capacity building to help the eligible entity--
                            (i) submit applications to the Program;
                            (ii) support an eligible child care 
                        provider that is home-based with meeting 
                        relevant State and local licensing and quality 
                        standards; and
                            (iii) conduct pre-development activities.
    (f) Assistance.--The Secretary shall provide technical assistance 
and publish best practices online to facilitate the operation of co-
location facilities.
    (g) Report to Congress.--Not later than 1 year after the date of 
the enactment of this Act, and annually thereafter for the duration of 
the Program, the Secretary shall submit to the appropriate 
congressional committees a report regarding the implementation of the 
Program, including--
            (1) the number of grants awarded;
            (2) a description of the activities funded;
            (3) the number of child care slots created, including the 
        number of child care slots serving children from low-income 
        families or children who are dual language learners;
            (4) the number of child care slots preserved that were at 
        risk of elimination due to a child care center closing or 
        proposed price increases;
            (5) the number and percentage of residents in a co-location 
        facility that use or are employed by the associated child care 
        program;
            (6) the number of staff employed by the child care 
        provider;
            (7) demographic data of residents of housing facilities 
        associated with the Program;
            (8) the number and type of projects facilitated through 
        eligible uses of amounts described in paragraphs (2) and (3) of 
        subsection (e);
            (9) the number of early childhood providers supported with 
        funds from the Program; and
            (10) the number of eligible entities of each type that 
        receive grant funding under the Program.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000 for each of fiscal 
years 2024 through 2029.

SEC. 5. GAO STUDY AND REPORT REGARDING CHILD CARE ACCESS FOR RESIDENTS 
              OF PUBLIC HOUSING.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States shall conduct a study and 
submit to the appropriate congressional committees a report on the 
availability and affordability of child care for residents of public 
housing dwelling units, which shall include the following:
            (1) A description of how amounts from the following 
        programs have been used by eligible child care providers to 
        establish, renovate, or improve facilities:
                    (A) The community development block grant program 
                under title I of the Housing and Community Development 
                Act of 1974 (42 U.S.C. 5301 et seq.).
                    (B) New markets tax credits under section 45D of 
                the Internal Revenue Code of 1986.
                    (C) The Community Development Financial 
                Institutions Fund established under section 104(a) of 
                the Community Development Banking and Financial 
                Institutions Act of 1994 (42 U.S.C. 4703).
                    (D) Low-income housing tax credits under section 42 
                of the Internal Revenue Code of 1986.
                    (E) Capital Magnet Fund funds under section 1339 of 
                the Federal Housing Enterprises Financial Safety and 
                Soundness Act of 1992.
                    (F) HOME Investment Partnerships Program funds 
                under title II of the Cranston-Gonzalez National 
                Affordable Housing Act (42 U.S.C. 12721 et seq.).
            (2) An evaluation of the effects of housing and child care 
        costs on the economic outlook of residents of public housing 
        dwelling units.
            (3) An evaluation of what percentage of residents of public 
        housing dwelling units are both--
                    (A) cost-burdened, as defined by the Secretary; and
                    (B) part of a household where not less than 7 
                percent of the income of the household is spent on 
                child care.
            (4) Identification and analysis of State or local laws that 
        are barriers to building or maintaining a facility for use by 
        eligible child care providers within or near a public housing 
        dwelling unit.
            (5) An assessment of how housing assistance provided under 
        the program for rental assistance under section 8 of the United 
        States Housing Act of 1937 (42 U.S.C. 1437f) affects the 
        ability of residents of public housing dwelling units to afford 
        child care and other essential expenses, including--
                    (A) food;
                    (B) telecommunications services and equipment such 
                as broadband internet connectivity and cellular phones; 
                and
                    (C) means of transportation such as automobiles, 
                bicycles, or public transportation.
            (6) An evaluation of the efficacy of the child and 
        dependent care tax credit under section 21 of the Internal 
        Revenue Code of 1986, the earned income tax credit under 
        section 32 of the Internal Revenue Code of 1986, the child tax 
        credit under section 24 of the Internal Revenue Code of 1986, 
        and dependent care flexible spending arrangements for residents 
        of public housing dwelling units, including--
                    (A) the degree of public knowledge about such 
                programs;
                    (B) the degree of success of outreach or public 
                education programs regarding such programs; and
                    (C) an assessment of the sufficiency of each 
                program to cover the costs of child care.
            (7) An evaluation of the extent that residents of public 
        housing dwelling units receive information regarding child care 
        resources from Federal agencies or public housing agencies.
            (8) Recommendations to improve access to child care within 
        and near public housing dwelling units and to improve awareness 
        of the availability of Federal programs to assist with the 
        costs of housing and child care.
                                 &lt;all&gt;
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