II 118th CONGRESS 1st Session S. 1738 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.

1. Short title This Act may be cited as the Build Housing with Care Act of 2023 . 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. 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 ). 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. 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.