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]
[H.R. 3207 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 3207

    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 HOUSE OF REPRESENTATIVES

                              May 11, 2023

   Ms. Bonamici (for herself, Mr. Evans, Mr. Kilmer, Ms. Jacobs, Ms. 
  Jayapal, Ms. Titus, Ms. Norton, Ms. Lee of California, Ms. Dean of 
Pennsylvania, Mr. Nickel, Ms. Tlaib, Ms. Castor of Florida, Mr. Lynch, 
  Mr. Carter of Louisiana, Mr. Nadler, Ms. Barragan, and Ms. Kuster) 
 introduced the following bill; which was referred to the Committee on 
Financial Services, and in addition to the Committee on Ways and Means, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

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

    (a) Establishment.--The Secretary of Housing and Urban Development 
shall establish a program (hereafter in this section referred to as 
``the 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 such 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 such 
                eligibility of said 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) clearly establish a project pipeline, and 
                submission of a certification to the Secretary 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 (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 such application.
            (3) A description of a plan to inform and engage residents 
        of the housing facility associated with such 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 such 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 such provider for appropriate 
                State and local licensing; and
                    (C) copies of contracts between such provider and a 
                local, county, regional, State, or Federal governmental 
                entity, to facilitate--
                            (i) the business operations of such 
                        provider; or
                            (ii) the enrollment of children from low-
                        income families with such 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 such entity will--
                    (A) operate in a child care desert, in a low-income 
                community, or a rural area as determined by the 
                Secretary;
                    (B) certify designation as a Head Start provider, 
                Early Head Start Provider, Migrant and Seasonal Head 
                Start Provider, 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 this Act.
    (e) Use of Amounts.--
            (1) 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) 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) A community development financial institution receiving 
        a grant under this section may capitalize amount received to 
        create financial products, including loans, to carry out 
        activities in accordance with this section.
            (4) 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 to submit 
                applications to the Program, support an eligible child 
                care provider that is home-based with meeting relevant 
                State and local licensing and quality standards, and 
                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 a report to the Committees on 
Financial Services and Education and the Workforce of the House of 
Representatives and the Committees on Banking, Housing, and Urban 
Affairs and Health, Education, Labor, and Pensions of the Senate 
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 subsections (e)(2) and 
        (e)(3);
            (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 2023 through 2028.
    (i) Definitions.--In this section:
            (1) Caregiver.--The term ``caregiver'' has the meaning 
        given such term in section 658P of the Child Care and 
        Development Block Grant Act of 1990 (42 U.S.C. 9858n).
            (2) Eligible child care provider.--The term ``eligible 
        child care provider'' has the meaning given that term under 
        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 census tract that contains not less than 3 times more 
        children than the licensed child care providers in such census 
        tract have the capacity to care for, or 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, on the premises of such facility or 
        nearby such facility, where such provider serves the residents 
        of such housing facility.
            (5) Community development financial institution.--The term 
        ``community development financial institution'' has the meaning 
        given such 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-Gonzalex National Affordable Housing 
        Act.
            (7) Community housing development organization.--The term 
        ``community housing development organization'' has the meaning 
        given in the Cranston-Gonzalez National Affordable Housing Act 
        of 1990.
            (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; or
                            (ii) new market tax credits;
                    (H) a nonprofit organization that develops housing;
                    (I) community housing development organization;
                    (J) a consortia of 2 or more entities under this 
                paragraph; or
                    (K) another entity identified as appropriate by the 
                Secretary.
            (9) Indian tribe; tribal organization.--The terms ``Indian 
        Tribe'' and ``Tribal organization'' have the meanings given 
        such terms in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304) and shall include 
        tribally designated housing entities (as such term is defined 
        in section 4 of the Native American Housing Assistance and 
        Self-Determination Act of 1996 (25 U.S.C. 4103)) and entities 
        that serve Native Hawaiians (as such term is defined in section 
        338K(c) of the Public Health Service Act (42 U.S.C. 254s(c))).
            (10) Low-income family.--The term ``low-income family'' has 
        the meaning given such term in section 3(b) of the United 
        States Housing Act of 1937 (42 U.S.C. 1437a(b)).
            (11) Public housing agency.--The term ``public housing 
        agency'' has the meaning given such term in section 3(b)(6) of 
        the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(6)).
            (12) Very low-income family.--The term ``very low-income 
        family'' has the meaning given such term in section 3(b) of the 
        United States Housing Act of 1937 (42 U.S.C. 1437a(b)).

SEC. 4. GAO STUDY AND REPORT REGARDING CHILD CARE ACCESS FOR RESIDENTS 
              OF PUBLIC HOUSING.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study regarding the availability and affordability of child 
care for residents of public housing dwelling units, that shall 
include--
            (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) Community Development Block Grant funds;
                    (B) New Market Tax Credits;
                    (C) Community Development Financial Institution 
                Program funds;
                    (D) Low Income Housing Tax Credits;
                    (E) Capital Management Fund funds; or
                    (F) HOME Investment Partnerships Program funds;
            (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 of 
                Housing and Urban Development; and
                    (B) part of a household where not less than 7 
                percent of the income of such 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, Earned Income Tax Credit, Child Tax 
        Credit, and Dependent Care Flexible Spending Account 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; and
            (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.
    (b) Report.--Not later than 12 months after the date of the 
enactment of this Act, the Comptroller General shall submit a report to 
the Committees on Financial Services and Education and the Workforce of 
the House of Representatives and the Committees on Banking, Housing, 
and Urban Affairs and Health, Education, Labor, and Pensions of the 
Senate, describing the results and conclusions of the study required in 
subsection (a).
    (c) Definitions.--In this section:
            (1) Eligible child care provider.--The term ``eligible 
        child care provider'' has the meaning given such term in 
        section 658P of the Child Care and Development Block Grant Act 
        of 1990 (42 U.S.C. 9858n).
            (2) Public housing dwelling unit.--The term ``public 
        housing dwelling unit'' means a dwelling unit assisted under 
        the public housing program under the United States Housing Act 
        of 1937 (42 U.S.C. 1437 et seq.).
            (3) Public housing agency.--The term ``public housing 
        agency'' has the meaning given such term in section 3(b)(6) of 
        the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(6)).
                                 &lt;all&gt;
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