[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 310 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 310
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
January 29, 2025
Mr. Wyden (for himself, Mr. Merkley, Ms. Klobuchar, Mr. Padilla, Ms.
Hirono, Ms. Rosen, and Mr. Booker) 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
2025''.
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 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 the Program 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 the Program 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
under this section to facilitate the pre-development
phase of a new facility, including planning and design;
and
(B) not more than 10 percent of amounts awarded
under this section 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 2026 through 2031.
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(a)).
(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 (12 U.S.C. 4569).
(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