[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5187 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 569
116th CONGRESS
  2d Session
                                H. R. 5187

                          [Report No. 116-686]

  To facilitate the development of affordable housing, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 20, 2019

  Ms. Waters introduced the following bill; which was referred to the 
                    Committee on Financial Services

                           December 24, 2020

Additional sponsors: Mr. Clay, Ms. Pressley, Ms. Norton, Mr. McGovern, 
Mr. Nadler, Ms. Scanlon, Ms. Tlaib, Mr. Lynch, Mr. Cohen, Mr. Scott of 
 Virginia, Mr. Sherman, Ms. Lee of California, Mr. Gonzalez of Texas, 
   Mr. Engel, Mr. Panetta, Mrs. Hayes, Mr. Grijalva, Mr. Thompson of 
Mississippi, Mr. DeFazio, Ms. Clarke of New York, Ms. Eshoo, Mr. Green 
of Texas, Mr. Ted Lieu of California, Mr. Blumenauer, Ms. Jayapal, Mr. 
Case, Ms. Adams, Ms. Speier, Mr. Pocan, Ms. Velazquez, Mr. Cleaver, Mr. 
 Garcia of Illinois, Ms. Moore, Ms. Matsui, Mr. McNerney, Ms. Lofgren, 
Ms. Gabbard, Mr. Evans, Mr. Thompson of California, Mr. DeSaulnier, Mr. 
  Courtney, Ms. Schakowsky, Ms. Kelly of Illinois, Mr. Espaillat, Mr. 
Vela, Mr. Schiff, Mr. Garamendi, Ms. Blunt Rochester, Ms. Haaland, Mr. 
  Carson of Indiana, Mr. Raskin, Mr. Khanna, Ms. Omar, Ms. Wilson of 
               Florida, Mr. Horsford, and Mr. San Nicolas


                           December 24, 2020

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           November 20, 2019]

_______________________________________________________________________

                                 A BILL


 
  To facilitate the development of affordable housing, 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 ``Housing is Infrastructure Act of 
2020''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Affordable housing is a critical part of the national 
        infrastructure of the United States but there is a severe 
        shortage of affordable housing in the United States and the 
        existing stock is badly in need of repair.
            (2) According to a 2010 study sponsored by the Department 
        of Housing and Urban Development, there was a $26 billion 
        backlog of capital needs for public housing; that figure is 
        likely higher today, with some groups estimating the backlog of 
        capital needs for public housing to be as high as $70 billion.
            (3) There are 14,000 units supported by Rural Rental 
        Housing Loans under section 515 of the Housing Act of 1949 and 
        Farm Labor Housing Loans under section 514 of the Housing Act 
        of 1949. According to National Rural Housing Coalition, it 
        would take an estimated $1 billion in the Multi-Family Housing 
        Revitalization Demonstration Program (MPR) funding to fully 
        address the capital backlog for rural housing properties.
            (4) Federal investment in housing helps to create jobs and 
        stimulate the economy.
            (5) When the American Recovery and Reinvestment Act of 2009 
        (Public Law 111-5) was enacted, which included funding for 
        public housing, researchers found that for each $1.00 in direct 
        spending on public housing, there was an additional $2.12 of 
        indirect and induced economic activity nationwide for a total 
        economic impact of $3.12 for each $1.00 in direct spending on 
        public housing.
            (6) According to the National Association of Home Builders, 
        building 100 affordable rental homes generates $11.7 million in 
        local income, $2,200,000 in taxes and revenue for local 
        governments, and 161 local jobs.
            (7) Researchers estimate that the growth in the gross 
        domestic product from 1964-2009 would have been 13.5 percent 
        higher if families had better access to affordable housing, 
        which in turn could have led to an additional $1.7 trillion 
        increase in income, equivalent to $8,775 in additional wages 
        for each worker.

SEC. 3. PUBLIC HOUSING CAPITAL FUND.

    (a) In General.--There is authorized to be appropriated for the 
Capital Fund under section 9(d) of the United States Housing Act of 
1937 (42 U.S.C. 1437g(d)) $70,000,000,000 and any amounts appropriated 
pursuant to this subsection shall remain available until the expiration 
of the 5-year period beginning upon the date of such appropriation.
    (b) Requirements.--The Secretary of Housing and Urban Development 
(in this Act referred to as the ``Secretary'') shall--
            (1) distribute not less than 35 percent and not more than 
        75 percent of any amounts appropriated pursuant to subsection 
        (a) under the same formula used for amounts made available for 
        the Capital Fund for fiscal year 2020; and
            (2) make available all remaining amounts by competition for 
        priority investments, including investments that address lead 
        hazards, other urgent health and safety concerns, and such 
        other priorities as the Secretary may identify.
    (c) Timing.--The Secretary shall obligate amounts--
            (1) made available under subsection (b)(1) within 30 days 
        of enactment of the Act appropriating such funds; and
            (2) made available under subsection (b)(2) within 12 months 
        of enactment of the Act appropriating such funds.
    (d) Limitation.--Amounts provided pursuant to this section may not 
be used for operating costs or rental assistance.
    (e) Use of Funds.--Not more than 0.5 percent of any amount 
appropriated pursuant to this section shall be used by the Secretary 
for costs associated with staff, training, technical assistance, 
technology, monitoring, travel, enforcement, research, and evaluation.
    (f) Supplement Not Supplant.--The Secretary shall ensure that 
amounts provided pursuant to this section shall serve to supplement and 
not supplant other amounts generated by a recipient of such amounts or 
amounts provided by other Federal, State, or local sources.
    (g) Water and Energy Efficiency.--In distributing any amounts 
pursuant to subsection (b), the Secretary shall give priority to public 
housing agencies located in States and localities that have a plan to 
increase water and energy efficiency when developing or rehabilitating 
public housing using any amounts distributed.

SEC. 4. RURAL MULTIFAMILY PRESERVATION AND REVITALIZATION DEMONSTRATION 
              PROGRAM.

    (a) In General.--There is authorized to be appropriated for 
carrying out the Multifamily Preservation and Revitalization 
Demonstration program of the Rural Housing Service (as authorized under 
sections 514, 515, and 516 of the Housing Act of 1949 (42 U.S.C. 1484; 
1485; 1486)) $1,000,000,000 and any amounts appropriated pursuant to 
this section shall remain available until expended.
    (b) Water and Energy Efficiency.--Not less than 10 percent of all 
amounts made available pursuant to this section shall be used only for 
activities relating to water and energy efficiency and, at the 
Secretary's discretion, other strategies to enhance the environmental 
sustainability of housing production and design.

SEC. 5. FLOOD MITIGATION ASSISTANCE GRANT PROGRAM.

    (a) In General.--There is authorized to be appropriated for 
carrying out the Flood Mitigation Assistance Grant Program under 
section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4104c) $1,000,000,000 and any amounts appropriated pursuant to this 
section shall remain available until expended.
    (b) Multifamily Residences and Attached and Semi-Attached Homes.--
With regard to any structure that is a multifamily residence or an 
attached or semi-attached residence, the Administrator shall consult 
with the Secretary of Housing and Urban Development and establish 
alternative forms of mitigation.
    (c) Definitions.--For the purposes of this section, the term 
``multifamily residence'' has the same meaning as in the Flood Disaster 
Protection Act of 1973 and the National Flood Insurance Act of 1968.

SEC. 6. HOUSING TRUST FUND.

    (a) In General.--There is authorized to be appropriated for the 
Housing Trust Fund under section 1338 of the Housing and Urban 
Development Act of 1992 (12 U.S.C. 4568) $5,000,000,000 and any amounts 
appropriated pursuant to this subsection shall remain available until 
expended. The Secretary shall ensure that priority for occupancy in 
dwelling units assisted with amounts made available pursuant to this 
section that become available for occupancy shall be given to persons 
and households who are homeless (as such term is defined in section 103 
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302)) or at 
risk of homelessness (as such term is defined in section 401 of such 
Act (42 U.S.C. 11360)).
    (b) Water and Energy Efficiency.--Not less than 10 percent of all 
amounts made available pursuant to this section shall be used only for 
activities relating to water and energy efficiency and, at the 
Secretary's discretion, other strategies to enhance the environmental 
sustainability of housing production and design.

SEC. 7. SINGLE-FAMILY HOUSING REPAIR LOANS AND GRANTS.

    (a) In General.--There is authorized to be appropriated for 
carrying out single family housing repair loans and grants under 
section 504 of the Housing Act of 1949 (42 U.S.C. 1474) $100,000,000 
and any amounts appropriated pursuant to this section shall remain 
available until expended.
    (b) Water and Energy Efficiency.--Not less than 10 percent of all 
amounts made available pursuant to this section shall be used only for 
activities relating to water and energy efficiency and, at the 
Secretary's discretion, other strategies to enhance the environmental 
sustainability of housing production and design.

SEC. 8. NATIVE AMERICAN HOUSING BLOCK GRANT PROGRAM.

    (a) In General.--There is authorized to be appropriated for 
carrying out the Native American housing block grant program under 
title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.) $1,000,000,000 and 
any amounts appropriated pursuant to this section shall remain 
available until expended.
    (b) Water and Energy Efficiency.--Not less than 10 percent of all 
amounts made available pursuant to this section shall be used only for 
activities relating to water and energy efficiency and, at the 
Secretary's discretion, other strategies to enhance the environmental 
sustainability of housing production and design.

SEC. 9. HOME INVESTMENT PARTNERSHIPS PROGRAM.

    (a) In General.--There is authorized to be appropriated for 
carrying out the HOME Investment Partnership Program under title II of 
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12721 
et seq.) $5,000,000,000 and any amounts appropriated pursuant to this 
section shall remain available until expended.
    (b) Water and Energy Efficiency.--Not less than 10 percent of all 
amounts made available pursuant to this section shall be used only for 
activities relating to water and energy efficiency and, at the 
Secretary's discretion, other strategies to enhance the environmental 
sustainability of housing production and design.

SEC. 10. PROGRAM FOR SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES.

    (a) In General.--There is authorized to be appropriated 
$2,500,000,000 for project rental assistance under the program for 
supportive housing for persons with disabilities under section 
811(b)(3) of the Cranston-Gonzalez National Affordable Housing Act (42 
U.S.C. 8013(b)(3)) for State housing finance agencies and any amounts 
appropriated pursuant to this section shall remain available until 
expended.
    (b) Water and Energy Efficiency.--Not less than 10 percent of all 
amounts made available pursuant to this section shall be used only for 
activities relating to water and energy efficiency and, at the 
Secretary's discretion, other strategies to enhance the environmental 
sustainability of housing production and design.

SEC. 11. PROGRAM FOR SUPPORTIVE HOUSING FOR THE ELDERLY.

    (a) In General.--There is authorized to be appropriated 
$2,500,000,000 for--
            (1) capital advances pursuant to section 202(c)(1) of the 
        Housing Act of 1959 (12 U.S.C. 1701q(c)(1)), including 
        amendments to capital advance contracts for housing for the 
        elderly as authorized by section 202 of such Act;
            (2) project rental assistance for the elderly under section 
        202(c)(2) of such Act, including amendments to contracts for 
        such assistance and renewal of expiring contracts for such 
        assistance for up to a 1-year term;
            (3) senior preservation rental assistance contracts, 
        including renewals, as authorized by section 811(e) of the 
        American Housing and Economic Opportunity Act of 2000 (12 
        U.S.C. 1701g note); and
            (4) supportive services associated with housing assisted 
        under paragraph (1), (2), or (3).
    (b) Availability of Amounts.--Any amounts appropriated pursuant to 
this section shall remain available until September 30, 2023.
    (c) Water and Energy Efficiency.--Not less than 10 percent of all 
amounts made available pursuant to this section shall be used only for 
activities relating to water and energy efficiency and, at the 
Secretary's discretion, other strategies to enhance the environmental 
sustainability of housing production and design.

SEC. 12. CAPITAL MAGNET FUND.

    (a) There is authorized to be appropriated for the Capital Magnet 
Fund under section 1339 of the Federal Housing Enterprises Financial 
Safety and Soundness Act of 1992 (12 U.S.C. 4569) $2,500,000,000 and 
any amounts appropriated pursuant to this subsection shall remain 
available until expended.
    (b) Water and Energy Efficiency.--Not less than 10 percent of all 
amounts made available pursuant to this section shall be used only for 
activities relating to water and energy efficiency and, at the 
Secretary's discretion, other strategies to enhance the environmental 
sustainability of housing production and design.

SEC. 13. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR AFFORDABLE 
              HOUSING AND INFRASTRUCTURE.

    (a) Authorization of Appropriations.--
            (1) In general.--Subject to the provisions of this section, 
        there is authorized to be appropriated for assistance under 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.) $10,000,000,000 and any amounts appropriated pursuant 
        to this section shall remain available until expended.
            (2) Administrative and planning costs.--Not more than 15 
        percent of any amounts appropriated pursuant to paragraph (1) 
        may be used for administrative and planning costs.
    (b) Eligible Activities.--Amounts made available for assistance 
under this section may be used only for--
            (1) the development and preservation of qualified 
        affordable housing, including the construction of such housing;
            (2) the responsible elimination or waiving of zoning 
        requirements and other requirements that limit affordable 
        housing development, including high density and multifamily 
        development restrictions, off-street parking requirements, and 
        height limitations; or
            (3) any project or entity eligible for a discretionary 
        grant provided by the Department of Transportation.
    (c) Limitation.--With respect to amounts used pursuant to 
subsection (b)(2), the Secretary shall ensure that recipients of 
amounts provided pursuant to this section are not incentivized or 
otherwise rewarded for eliminating or undermining the intent of the 
zoning regulations or other regulations or policies that--
            (1) establish fair wages for labors;
            (2) ensure the health and safety of buildings for residents 
        and the general public;
            (3) protect fair housing;
            (4) provide environmental protections;
            (5) prevent tenant displacement; or
            (6) protect any other interest that the Secretary 
        determines is in the public interest to preserve.
    (d) Competition.--Amounts made available for assistance under this 
section shall be awarded to States, units of general local government, 
and Indian tribes on a competitive basis, based on the extent to which 
the applicant--
            (1) demonstrates that the applicant is responsibly 
        streamlining the process for development of qualified 
        affordable housing;
            (2) is eliminating or reducing impact fees for housing 
        within boundaries of the State, unit of local government, or 
        Indian tribe, as applicable, and other assessments by State or 
        local governments upon the owners of new housing development 
        projects that offset governmental capital expenditures for 
        infrastructure required to serve or made necessary by the new 
        housing developments, except for fees that are invested 
        exclusively for housing; and
            (3) provides assurances that the applicant will supplement 
        assistance provided under this section with amounts from non-
        Federal sources for costs of the qualified affordable housing 
        or infrastructure eligible under subsection (b) to be funded 
        with assistance under this section, and the extent of such 
        supplemental assistance to be provided.
    (e) Water and Energy Efficiency.--Not less than 10 percent of all 
amounts made available for assistance pursuant to this section shall be 
used only for eligible activities relating to water and energy 
efficiency and, at the Secretary's discretion, other strategies to 
enhance the environmental sustainability of housing production and 
design.
    (f) Qualified Affordable Housing.--For purposes of this section, 
the term ``qualified affordable housing'' means a housing development 
that--
            (1) is either--
                    (A) funded in any part by assistance provided by 
                the Department of Housing and Urban Development or the 
                Rural Housing Service of the Department of Agriculture; 
                or
                    (B) includes a qualified low income building as 
                such term is defined in section 42 of the Internal 
                Revenue Code of 1986; or
            (2) consists of 5 or more dwelling units of which 20 
        percent or more are made available--
                    (A) for rental only by a low-income family (as 
                defined in section 3(b) of the United States Housing 
                Act of 1937 (42 U.S.C. 1437a(b)));
                    (B) at a monthly rent amount that does not exceed 
                30 percent of the monthly adjusted income (as defined 
                in such section 3(b)) of the tenant low-income family; 
                and
                    (C) maintains affordability for residents who are 
                low-income families for a period of not less than 30 
                years.

SEC. 14. INCLUSION OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES.

    (a) Duty.--It shall be the duty of each relevant agency head--
            (1) to consult and cooperate with grantees and recipients, 
        when utilizing funds made available pursuant to this Act, to 
        promote the inclusion of minority and women's business 
        enterprises, as defined in subsection (b) including to 
        establish--
                    (A) special consideration to increasing grantee and 
                recipient outreach to minority and women's business 
                enterprises to inform such businesses of hiring 
                opportunities created through such funds; and
                    (B) procurement goals for the utilization of 
                minority and women's business enterprises; and
            (2) to convene meetings with leaders and officials of State 
        and local governments, tribal entities, and public housing 
        authorities for the purpose of recommending and promoting 
        funding opportunities and initiatives needed to advance the 
        position of minority and women's business enterprises when 
        competing for funds provided in this Act.
    (b) Definitions.--For the purposes of this section, the following 
definitions shall apply:
            (1) Minority.--The term ``minority'' has the meaning given 
        such term in section 308(b) of the Financial Institutions 
        Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 
        note) and also includes any indigenous person in the United 
        States or its territories.
            (2) Minority and women's business enterprise.--The term 
        ``minority and women's business enterprise'' means a business 
        at least 51 percent owned and controlled by minority group 
        members or women.
            (3) Relevant agency head.--The term ``relevant agency 
        head'' means, with respect to funds made available pursuant to 
        any section of this Act, the head of the Federal agency 
        responsible for administering the program under which such 
        funds are to be expended.
                                                 Union Calendar No. 569

116th CONGRESS

  2d Session

                               H. R. 5187

                          [Report No. 116-686]

_______________________________________________________________________

                                 A BILL

  To facilitate the development of affordable housing, and for other 
                               purposes.

_______________________________________________________________________

                           December 24, 2020

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed