Title: Housing is Infrastructure Act of 2019
Policy area: Housing and Community Development

Summary:
Housing is Infrastructure Act of 2019
This bill authorizes additional funding for various housing assistance programs.
Specifically, the bill authorizes additional funding for
The bill also requires that specified portions of funding made available under the bill be used for water and energy efficiency.
In administering such funding made available under the bill, the relevant federal agencies must consult with grantees and recipients and meet with state and local government officials for the purpose of recommending and promoting funding opportunities and initiatives to include minority and women's business enterprises in such grant activities.

[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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