PolicyBrief
H.R. 2223
119th CongressMar 18th 2025
Building Capacity for Care Act
IN COMMITTEE

This Act establishes federal loans, loan guarantees, and grants to expand and improve mental health and substance use disorder treatment facilities, funded in part by a new dedicated Trust Fund.

Andrea Salinas
D

Andrea Salinas

Representative

OR-6

LEGISLATION

Capacity for Care Act Allocates $400M Annually to Build Mental Health and Addiction Treatment Facilities

The new Building Capacity for Care Act is essentially a massive federal infrastructure plan for mental health and addiction treatment. Starting in fiscal year 2025, it sets aside $400 million annually through 2029 to help hospitals and treatment centers build, renovate, or expand facilities dedicated to psychiatric and substance use disorder care. This funding is split: $200 million for direct grants and $200 million for loans and loan guarantees, all managed by the Secretary of Health and Human Services (HHS).

The Capacity Crunch: What This Bill Changes

If you or someone you know has ever tried to find an open bed for inpatient mental health care or addiction treatment, you know the system is perpetually overloaded. This bill aims squarely at that problem by funding projects that specifically increase inpatient capacity for adults, adolescents, and children (Section 2). It also covers upgrades like installing new digital infrastructure to support telehealth, which is a huge deal for reaching people in remote areas. For instance, a critical access hospital in a rural county could use a grant to convert an unused wing into a dedicated 10-bed psychiatric unit, instantly reducing wait times for area residents.

Who Gets the Money? Prioritizing High-Need Areas

This isn't just a free-for-all for facility upgrades. The bill targets the money where the need is most acute. To qualify, a project must either increase bed capacity in a county that’s currently short on beds, or it must serve a high-need rural or underserved community. HHS will also give preference to facilities located in areas with high rates of drug overdose deaths or suicide rates compared to the national average (Section 2, Grant Preferences).

Think of it this way: If you live in a community struggling with the opioid crisis, the local treatment center applying for funds to expand their detox and residential program will jump to the front of the line. The goal is to funnel resources directly into the communities where the crisis is hitting hardest, which is a smart, targeted approach to public health spending.

The Fine Print: Loans and Financial Responsibility

For facilities that take the loan or loan guarantee route, the terms are strict—which is good news for taxpayers, but means facilities need to be financially stable. The government will only guarantee up to 80% of a potential loss, and the borrower must finance at least 25% of the project using their own non-federal funds (Section 2, Terms for Loans and Guarantees). Loans are capped at a 20-year term. This structure ensures that the facility has skin in the game and a high likelihood of repaying the debt, minimizing the risk to the public purse.

There is a catch for facilities looking to refinance existing debt: the authority to guarantee loans for refinancing expires just 24 months after the law is enacted. This means any hospital or facility wanting to use this program to restructure old debt needs to move fast, which could create a rush and administrative bottleneck early on.

Building a Safety Net: The Trust Fund

Beyond building facilities, the Act creates a new Mental Health and Substance Use Treatment Trust Fund (Section 3). This is essentially a savings account for future mental health spending. Here’s the clever part: any revenue the loan program generates beyond its operating costs gets deposited into this Trust Fund. Congress can then appropriate that money specifically for community mental health block grants. In simple terms, if the loan program is successful and borrowers pay back their debts, that surplus money goes right back into funding community services, creating a sustainable loop for behavioral health funding.