IB 

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. VELA ́ZQUEZ, Mr. CLEAVER, Mr. GARCI ́A 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


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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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Housing is Infrastruc5 ture Act of 2020’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) Affordable housing is a critical part of the 

9 national infrastructure of the United States but there 

10 is a severe shortage of affordable housing in the 

11 United States and the existing stock is badly in need 

12 of repair. 

13 (2) According to a 2010 study sponsored by the 

14 Department of Housing and Urban Development, 

15 there was a $26 billion backlog of capital needs for 

16 public housing; that figure is likely higher today, with 

17 some groups estimating the backlog of capital needs 

18 for public housing to be as high as $70 billion. 

19 (3) There are 14,000 units supported by Rural 

20 Rental Housing Loans under section 515 of the Hous21 ing Act of 1949 and Farm Labor Housing Loans 

22 under section 514 of the Housing Act of 1949. Accord23 ing to National Rural Housing Coalition, it would 

24 take an estimated $1 billion in the Multi-Family 

25 Housing Revitalization Demonstration Program 


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1 (MPR) funding to fully address the capital backlog 

2 for rural housing properties. 

3 (4) Federal investment in housing helps to create 

4 jobs and stimulate the economy. 

5 (5) When the American Recovery and Reinvest6 ment Act of 2009 (Public Law 111–5) was enacted, 

7 which included funding for public housing, research8 ers found that for each $1.00 in direct spending on 

9 public housing, there was an additional $2.12 of indi10 rect and induced economic activity nationwide for a 

11 total economic impact of $3.12 for each $1.00 in di12 rect spending on public housing. 

13 (6) According to the National Association of 

14 Home Builders, building 100 affordable rental homes 

15 generates $11.7 million in local income, $2,200,000 in 

16 taxes and revenue for local governments, and 161 

17 local jobs. 

18 (7) Researchers estimate that the growth in the 

19 gross domestic product from 1964–2009 would have 

20 been 13.5 percent higher if families had better access 

21 to affordable housing, which in turn could have led to 

22 an additional $1.7 trillion increase in income, equiv23 alent to $8,775 in additional wages for each worker. 


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1 SEC. 3. PUBLIC HOUSING CAPITAL FUND. 

2 (a) IN GENERAL.—There is authorized to be appro3 priated for the Capital Fund under section 9(d) of the 

4 United States Housing Act of 1937 (42 U.S.C. 1437g(d)) 

5 $70,000,000,000 and any amounts appropriated pursuant 

6 to this subsection shall remain available until the expira7 tion of the 5-year period beginning upon the date of such 

8 appropriation. 

9 (b) REQUIREMENTS.—The Secretary of Housing and 

10 Urban Development (in this Act referred to as the ‘‘Sec11 retary’’) shall— 

12 (1) distribute not less than 35 percent and not 

13 more than 75 percent of any amounts appropriated 

14 pursuant to subsection (a) under the same formula 

15 used for amounts made available for the Capital 

16 Fund for fiscal year 2020; and 

17 (2) make available all remaining amounts by 

18 competition for priority investments, including in19 vestments that address lead hazards, other urgent 

20 health and safety concerns, and such other priorities 

21 as the Secretary may identify. 

22 (c) TIMING.—The Secretary shall obligate amounts— 

23 (1) made available under subsection (b)(1) with24 in 30 days of enactment of the Act appropriating 

25 such funds; and 


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1 (2) made available under subsection (b)(2) with2 in 12 months of enactment of the Act appropriating 

3 such funds. 

4 (d) LIMITATION.—Amounts provided pursuant to this 

5 section may not be used for operating costs or rental assist6 ance. 

7 (e) USE OF FUNDS.—Not more than 0.5 percent of any 

8 amount appropriated pursuant to this section shall be used 

9 by the Secretary for costs associated with staff, training, 

10 technical assistance, technology, monitoring, travel, enforce11 ment, research, and evaluation. 

12 (f) SUPPLEMENT NOT SUPPLANT.—The Secretary 

13 shall ensure that amounts provided pursuant to this section 

14 shall serve to supplement and not supplant other amounts 

15 generated by a recipient of such amounts or amounts pro16 vided by other Federal, State, or local sources. 

17 (g) WATER AND ENERGY EFFICIENCY.—In distrib18 uting any amounts pursuant to subsection (b), the Sec19 retary shall give priority to public housing agencies located 

20 in States and localities that have a plan to increase water 

21 and energy efficiency when developing or rehabilitating 

22 public housing using any amounts distributed. 


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1 SEC. 4. RURAL MULTIFAMILY PRESERVATION AND REVITAL2 IZATION DEMONSTRATION PROGRAM. 

3 (a) IN GENERAL.—There is authorized to be appro4 priated for carrying out the Multifamily Preservation and 

5 Revitalization Demonstration program of the Rural Hous6 ing Service (as authorized under sections 514, 515, and 516 

7 of the Housing Act of 1949 (42 U.S.C. 1484; 1485; 1486)) 

8 $1,000,000,000 and any amounts appropriated pursuant to 

9 this section shall remain available until expended. 

10 (b) WATER AND ENERGY EFFICIENCY.—Not less than 

11 10 percent of all amounts made available pursuant to this 

12 section shall be used only for activities relating to water 

13 and energy efficiency and, at the Secretary’s discretion, 

14 other strategies to enhance the environmental sustainability 

15 of housing production and design. 

16 SEC. 5. FLOOD MITIGATION ASSISTANCE GRANT PROGRAM. 

17 (a) IN GENERAL.—There is authorized to be appro18 priated for carrying out the Flood Mitigation Assistance 

19 Grant Program under section 1366 of the National Flood 

20 Insurance Act of 1968 (42 U.S.C. 4104c) $1,000,000,000 

21 and any amounts appropriated pursuant to this section 

22 shall remain available until expended. 

23 (b) MULTIFAMILY RESIDENCES AND ATTACHED AND

24 SEMI-ATTACHED HOMES.—With regard to any structure 

25 that is a multifamily residence or an attached or semi-at26 tached residence, the Administrator shall consult with the 


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1 Secretary of Housing and Urban Development and establish 

2 alternative forms of mitigation. 

3 (c) DEFINITIONS.—For the purposes of this section, the 

4 term ‘‘multifamily residence’’ has the same meaning as in 

5 the Flood Disaster Protection Act of 1973 and the National 

6 Flood Insurance Act of 1968. 

7 SEC. 6. HOUSING TRUST FUND. 

8 (a) IN GENERAL.—There is authorized to be appro9 priated for the Housing Trust Fund under section 1338 of 

10 the Housing and Urban Development Act of 1992 (12 

11 U.S.C. 4568) $5,000,000,000 and any amounts appro12 priated pursuant to this subsection shall remain available 

13 until expended. The Secretary shall ensure that priority for 

14 occupancy in dwelling units assisted with amounts made 

15 available pursuant to this section that become available for 

16 occupancy shall be given to persons and households who are 

17 homeless (as such term is defined in section 103 of the 

18 McKinney-Vento Homeless Assistance Act (42 U.S.C. 

19 11302)) or at risk of homelessness (as such term is defined 

20 in section 401 of such Act (42 U.S.C. 11360)). 

21 (b) WATER AND ENERGY EFFICIENCY.—Not less than 

22 10 percent of all amounts made available pursuant to this 

23 section shall be used only for activities relating to water 

24 and energy efficiency and, at the Secretary’s discretion, 


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1 other strategies to enhance the environmental sustainability 

2 of housing production and design. 

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

4 GRANTS. 

5 (a) IN GENERAL.—There is authorized to be appro6 priated for carrying out single family housing repair loans 

7 and grants under section 504 of the Housing Act of 1949 

8 (42 U.S.C. 1474) $100,000,000 and any amounts appro9 priated pursuant to this section shall remain available 

10 until expended. 

11 (b) WATER AND ENERGY EFFICIENCY.—Not less than 

12 10 percent of all amounts made available pursuant to this 

13 section shall be used only for activities relating to water 

14 and energy efficiency and, at the Secretary’s discretion, 

15 other strategies to enhance the environmental sustainability 

16 of housing production and design. 

17 SEC. 8. NATIVE AMERICAN HOUSING BLOCK GRANT PRO18 GRAM. 

19 (a) IN GENERAL.—There is authorized to be appro20 priated for carrying out the Native American housing block 

21 grant program under title I of the Native American Hous22 ing Assistance and Self-Determination Act of 1996 (25 

23 U.S.C. 4111 et seq.) $1,000,000,000 and any amounts ap24 propriated pursuant to this section shall remain available 

25 until expended. 


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1 (b) WATER AND ENERGY EFFICIENCY.—Not less than 

2 10 percent of all amounts made available pursuant to this 

3 section shall be used only for activities relating to water 

4 and energy efficiency and, at the Secretary’s discretion, 

5 other strategies to enhance the environmental sustainability 

6 of housing production and design. 

7 SEC. 9. HOME INVESTMENT PARTNERSHIPS PROGRAM. 

8 (a) IN GENERAL.—There is authorized to be appro9 priated for carrying out the HOME Investment Partner10 ship Program under title II of the Cranston-Gonzalez Na11 tional Affordable Housing Act (42 U.S.C. 12721 et seq.) 

12 $5,000,000,000 and any amounts appropriated pursuant to 

13 this section shall remain available until expended. 

14 (b) WATER AND ENERGY EFFICIENCY.—Not less than 

15 10 percent of all amounts made available pursuant to this 

16 section shall be used only for activities relating to water 

17 and energy efficiency and, at the Secretary’s discretion, 

18 other strategies to enhance the environmental sustainability 

19 of housing production and design. 

20 SEC. 10. PROGRAM FOR SUPPORTIVE HOUSING FOR PER21 SONS WITH DISABILITIES. 

22 (a) IN GENERAL.—There is authorized to be appro23 priated $2,500,000,000 for project rental assistance under 

24 the program for supportive housing for persons with dis25 abilities under section 811(b)(3) of the Cranston-Gonzalez 


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1 National Affordable Housing Act (42 U.S.C. 8013(b)(3)) for 

2 State housing finance agencies and any amounts appro3 priated pursuant to this section shall remain available 

4 until expended. 

5 (b) WATER AND ENERGY EFFICIENCY.—Not less than 

6 10 percent of all amounts made available pursuant to this 

7 section shall be used only for activities relating to water 

8 and energy efficiency and, at the Secretary’s discretion, 

9 other strategies to enhance the environmental sustainability 

10 of housing production and design. 

11 SEC. 11. PROGRAM FOR SUPPORTIVE HOUSING FOR THE EL12 DERLY. 

13 (a) IN GENERAL.—There is authorized to be appro14 priated $2,500,000,000 for— 

15 (1) capital advances pursuant to section 

16 202(c)(1) of the Housing Act of 1959 (12 U.S.C. 

17 1701q(c)(1)), including amendments to capital ad18 vance contracts for housing for the elderly as author19 ized by section 202 of such Act; 

20 (2) project rental assistance for the elderly under 

21 section 202(c)(2) of such Act, including amendments 

22 to contracts for such assistance and renewal of expir23 ing contracts for such assistance for up to a 1-year 

24 term; 


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1 (3) senior preservation rental assistance con2 tracts, including renewals, as authorized by section 

3 811(e) of the American Housing and Economic Op4 portunity Act of 2000 (12 U.S.C. 1701g note); and 

5 (4) supportive services associated with housing 

6 assisted under paragraph (1), (2), or (3). 

7 (b) AVAILABILITY OF AMOUNTS.—Any amounts appro8 priated pursuant to this section shall remain available 

9 until September 30, 2023. 

10 (c) WATER AND ENERGY EFFICIENCY.—Not less than 

11 10 percent of all amounts made available pursuant to this 

12 section shall be used only for activities relating to water 

13 and energy efficiency and, at the Secretary’s discretion, 

14 other strategies to enhance the environmental sustainability 

15 of housing production and design. 

16 SEC. 12. CAPITAL MAGNET FUND. 

17 (a) There is authorized to be appropriated for the Cap18 ital Magnet Fund under section 1339 of the Federal Hous19 ing Enterprises Financial Safety and Soundness Act of 

20 1992 (12 U.S.C. 4569) $2,500,000,000 and any amounts 

21 appropriated pursuant to this subsection shall remain 

22 available until expended. 

23 (b) WATER AND ENERGY EFFICIENCY.—Not less than 

24 10 percent of all amounts made available pursuant to this 

25 section shall be used only for activities relating to water 


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1 and energy efficiency and, at the Secretary’s discretion, 

2 other strategies to enhance the environmental sustainability 

3 of housing production and design. 

4 SEC. 13. COMMUNITY DEVELOPMENT BLOCK GRANT FUND5 ING FOR AFFORDABLE HOUSING AND INFRA6 STRUCTURE. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.— 

8 (1) IN GENERAL.—Subject to the provisions of 

9 this section, there is authorized to be appropriated for 

10 assistance under the community development block 

11 grant program under title I of the Housing and Com12 munity Development Act of 1974 (42 U.S.C. 5301 et 

13 seq.) $10,000,000,000 and any amounts appropriated 

14 pursuant to this section shall remain available until 

15 expended. 

16 (2) ADMINISTRATIVE AND PLANNING COSTS.—Not 

17 more than 15 percent of any amounts appropriated 

18 pursuant to paragraph (1) may be used for adminis19 trative and planning costs. 

20 (b) ELIGIBLE ACTIVITIES.—Amounts made available 

21 for assistance under this section may be used only for— 

22 (1) the development and preservation of qualified 

23 affordable housing, including the construction of such 

24 housing; 


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1 (2) the responsible elimination or waiving of 

2 zoning requirements and other requirements that 

3 limit affordable housing development, including high 

4 density and multifamily development restrictions, off5 street parking requirements, and height limitations; 

6 or 

7 (3) any project or entity eligible for a discre8 tionary grant provided by the Department of Trans9 portation. 

10 (c) LIMITATION.—With respect to amounts used pursu11 ant to subsection (b)(2), the Secretary shall ensure that re12 cipients of amounts provided pursuant to this section are 

13 not incentivized or otherwise rewarded for eliminating or 

14 undermining the intent of the zoning regulations or other 

15 regulations or policies that— 

16 (1) establish fair wages for labors; 

17 (2) ensure the health and safety of buildings for 

18 residents and the general public; 

19 (3) protect fair housing; 

20 (4) provide environmental protections; 

21 (5) prevent tenant displacement; or 

22 (6) protect any other interest that the Secretary 

23 determines is in the public interest to preserve. 

24 (d) COMPETITION.—Amounts made available for as25 sistance under this section shall be awarded to States, units 


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1 of general local government, and Indian tribes on a com2 petitive basis, based on the extent to which the applicant— 

3 (1) demonstrates that the applicant is respon4 sibly streamlining the process for development of 

5 qualified affordable housing; 

6 (2) is eliminating or reducing impact fees for 

7 housing within boundaries of the State, unit of local 

8 government, or Indian tribe, as applicable, and other 

9 assessments by State or local governments upon the 

10 owners of new housing development projects that offset 

11 governmental capital expenditures for infrastructure 

12 required to serve or made necessary by the new hous13 ing developments, except for fees that are invested ex14 clusively for housing; and 

15 (3) provides assurances that the applicant will 

16 supplement assistance provided under this section 

17 with amounts from non-Federal sources for costs of 

18 the qualified affordable housing or infrastructure eli19 gible under subsection (b) to be funded with assistance 

20 under this section, and the extent of such supple21 mental assistance to be provided. 

22 (e) WATER AND ENERGY EFFICIENCY.—Not less than 

23 10 percent of all amounts made available for assistance 

24 pursuant to this section shall be used only for eligible activi25 ties relating to water and energy efficiency and, at the SecVerDate Sep 11 2014 18:12 Dec 26, 2020 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\H5187.RH H5187

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1 retary’s discretion, other strategies to enhance the environ2 mental sustainability of housing production and design. 

3 (f) QUALIFIED AFFORDABLE HOUSING.—For purposes 

4 of this section, the term ‘‘qualified affordable housing’’ 

5 means a housing development that— 

6 (1) is either— 

7 (A) funded in any part by assistance pro8 vided by the Department of Housing and Urban 

9 Development or the Rural Housing Service of the 

10 Department of Agriculture; or 

11 (B) includes a qualified low income build12 ing as such term is defined in section 42 of the 

13 Internal Revenue Code of 1986; or 

14 (2) consists of 5 or more dwelling units of which 

15 20 percent or more are made available— 

16 (A) for rental only by a low-income family 

17 (as defined in section 3(b) of the United States 

18 Housing Act of 1937 (42 U.S.C. 1437a(b))); 

19 (B) at a monthly rent amount that does not 

20 exceed 30 percent of the monthly adjusted income 

21 (as defined in such section 3(b)) of the tenant 

22 low-income family; and 

23 (C) maintains affordability for residents 

24 who are low-income families for a period of not 

25 less than 30 years. 


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1 SEC. 14. INCLUSION OF MINORITY AND WOMEN’S BUSINESS 

2 ENTERPRISES. 

3 (a) DUTY.—It shall be the duty of each relevant agency 

4 head— 

5 (1) to consult and cooperate with grantees and 

6 recipients, when utilizing funds made available pur7 suant to this Act, to promote the inclusion of minor8 ity and women’s business enterprises, as defined in 

9 subsection (b) including to establish— 

10 (A) special consideration to increasing 

11 grantee and recipient outreach to minority and 

12 women’s business enterprises to inform such 

13 businesses of hiring opportunities created 

14 through such funds; and 

15 (B) procurement goals for the utilization of 

16 minority and women’s business enterprises; and 

17 (2) to convene meetings with leaders and officials 

18 of State and local governments, tribal entities, and 

19 public housing authorities for the purpose of recom20 mending and promoting funding opportunities and 

21 initiatives needed to advance the position of minority 

22 and women’s business enterprises when competing for 

23 funds provided in this Act. 

24 (b) DEFINITIONS.—For the purposes of this section, the 

25 following definitions shall apply: 


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1 (1) MINORITY.—The term ‘‘minority’’ has the 

2 meaning given such term in section 308(b) of the Fi3 nancial Institutions Reform, Recovery, and Enforce4 ment Act of 1989 (12 U.S.C. 1463 note) and also in5 cludes any indigenous person in the United States or 

6 its territories. 

7 (2) MINORITY AND WOMEN’S BUSINESS ENTER8 PRISE.—The term ‘‘minority and women’s business 

9 enterprise’’ means a business at least 51 percent 

10 owned and controlled by minority group members or 

11 women. 

12 (3) RELEVANT AGENCY HEAD.—The term ‘‘rel13 evant agency head’’ means, with respect to funds 

14 made available pursuant to any section of this Act, 

15 the head of the Federal agency responsible for admin16 istering the program under which such funds are to 

17 be expended. 


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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 Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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