[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2951 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 2951
To facilitate the development of affordable housing, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 21, 2019
Mr. Schumer (for Ms. Harris (for herself, Mr. Durbin, and Ms.
Duckworth)) introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
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
2019''.
SEC. 2. FINDINGS.
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 $26,000,000,000
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
$70,000,000,000.
(3) According to the Department of Agriculture, there are
14,000 dwelling units receiving rental assistance under section
514 or 515 of Housing Act of 1949 (42 U.S.C. 1484, 1485) that
have an estimated unmet reserve need of $5,600,000,000.
(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 $11,700,000
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 to 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 $1,700,000,000
increase in income, equivalent to $8,775 in additional wages
for each worker.
SEC. 3. DEFINITIONS.
In this Act--
(1) the terms ``adjusted income'', ``low-income family'',
``public housing'', and ``public housing agency'' have the
meanings given those terms in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b));
(2) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency;
(3) the terms ``area having special flood hazards'',
``substantial damage'', and ``substantial improvement'' have
the same meanings as when used in the Flood Disaster Protection
Act of 1973 (42 U.S.C. 4002 et seq.) and the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.);
(4) the term ``at risk of homelessness'' has the meaning
given the term in section 401 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360);
(5) the term ``homeless'' has the meaning given the term in
section 103 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11302);
(6) the term ``minority''--
(A) has the meaning given the term in section
308(b) of the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989 (12 U.S.C. 1463 note); and
(B) includes any indigenous person in the United
States, including in any territory of the United
States;
(7) the term ``minority and women's business enterprise''
means a business that is not less than 51 percent owned and
controlled by members of a minority group or women;
(8) the term ``qualified affordable housing'' means a
housing development that--
(A)(i) is 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
(ii) includes a qualified low income building, as
defined in section 42 of the Internal Revenue Code of
1986; or
(B) consists of not less than 5 dwelling units of
which not less than 20 percent are made available--
(i) for rental only by a low-income family;
(ii) at a monthly rent amount that does not
exceed 30 percent of the monthly adjusted
income of the tenant low-income family; and
(iii) maintains affordability for residents
who are low-income families for a period of not
less than 30 years;
(9) 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 those funds are to be expended; and
(10) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
SEC. 4. PUBLIC HOUSING CAPITAL FUND.
(a) Authorization of Appropriations.--
(1) 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.
(2) Availability of funds.--Any amounts appropriated
pursuant to this subsection shall remain available until the
date that is 5 years after the date of the appropriation.
(b) Requirements.--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 2019, except that the
Secretary may determine not to allocate funding to public
housing agencies that are designated as troubled at the time of
such determination or to public housing agencies that elect not
to accept such funding, or both; 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) Monitoring.--With respect to any public housing agency that is
designated as troubled at the time that amounts appropriated pursuant
to this section are obligated for the public housing agency, the
Secretary shall provide additional monitoring and oversight of the
public housing agency to ensure that any amounts provided are used in
accordance with this section and any applicable laws.
(g) 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 those amounts or
amounts provided by other Federal, State, or local sources.
(h) 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 distributed amounts.
SEC. 5. 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 authorized under
sections 514, 515, and 516 of the Housing Act of 1949 (42 U.S.C. 1484,
1485, 1486) $1,000,000,000, to 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
discretion of the Secretary of Agriculture, other strategies to reduce
emissions.
SEC. 6. 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, to remain available until expended.
(b) Flood Risk Mitigation.--Except as provided in subsection (c),
the Administrator shall require that any structure that is located in
an area having special flood hazards shall be elevated with the lowest
floor, including the basement, not less than 2 feet above the base
flood level if the structure, with amounts appropriated pursuant to
this section--
(1) is newly constructed;
(2) receives repairs to substantial damage, or
(3) receives substantial improvement.
(c) 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--
(1) consult with the Secretary and establish alternative
forms of mitigation; and
(2) exempt any multifamily residence or any attached or
semi-attached residence that meets the requirements of any such
alternative forms of mitigation from the requirements under
subsection (b).
(d) 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
discretion of the Administrator, other strategies to reduce emissions.
SEC. 7. 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, to remain
available until expended.
(b) Priority.--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 or at risk of
homelessness.
(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
discretion of the Secretary, other strategies to reduce emissions.
SEC. 8. 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,
to 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
discretion of the Secretary of Agriculture, other strategies to reduce
emissions.
SEC. 9. 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, to
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
discretion of the Secretary, other strategies to reduce emissions.
SEC. 10. 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, to 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
discretion of the Secretary, other strategies to reduce emissions.
SEC. 11. 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, to 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
discretion of the Secretary, other strategies to reduce emissions.
SEC. 12. 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. 1701q 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
discretion of the Secretary, other strategies to reduce emissions.
SEC. 13. CAPITAL MAGNET FUND.
(a) In General.--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, to 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
discretion of the Secretary, other strategies to reduce emissions.
SEC. 14. 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, to 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; and
(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, except such fees that are used for
the purposes of developing housing, 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; 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 pursuant to this section shall be used only for
activities relating to water and energy efficiency and, at the
discretion of the Secretary, other strategies to reduce emissions.
SEC. 15. INCLUSION OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES.
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, including to establish--
(A) special consideration to increasing grantee and
recipient outreach to minority and women's business
enterprises to inform those 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
agencies 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.
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