,,ii #aafth ,,congress #ast ,session ,s4 #biea ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ba1 #bjai,mr4 ,schumer 7for ,ms4 ,harris 7for herself1 ,mr4 ,durbin1 and ,ms4 ,duckworth77 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to facilitate the development of affordable housing1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,housing is ,infrastructure ,act of #bjai4 #b4 ,findings ,congress finds the following3 7#a7 ,affordable housing is a critical part of the national infrastructure of the ,united ,states1 but there is a severe shortage of affordable housing in the ,united ,states and the existing stock is badly in need of repair4 7#b7 ,according to a #bjaj study sponsored by the ,department of ,housing and ,urban ,development1 there was a #bf1jjj1jjj1jjj backlog of capital needs for public housing4 ,that figure is likely higher today1 with some groups estimating the backlog of capital needs for public housing to be as high as #gj1jjj1jjj1jjj4 7#c7 ,according to the ,department of ,agriculture1 there are #ad1jjj dwelling units receiving rental assistance under section #ead or #eae of ,housing ,act of #aidi 7#db ,u4,s4,c4 #adhd1 #adhe7 that have an estimated unmet reserve need of #e1fjj1jjj1jjj4 7#d7 ,federal investment in housing helps to create jobs and stimulate the economy4 7#e7 ,when the ,american ,recovery and ,reinvestment ,act of #bjji 7,public ,law #aaa-e7 was enacted1 which included funding for public housing1 researchers found that for each #a4jj in direct spending on public housing1 there was an additional #b4ab of indirect and induced economic activity nationwide for a total economic impact of #c4ab for each #a4jj in direct spending on public housing4 7#f7 ,according to the ,national ,association of ,home ,builders1 building #ajj affordable rental homes generates #aa1gjj1jjj million in local income1 #b1bjj1jjj in taxes and revenue for local governments1 and #afa local jobs4 7#g7 ,researchers estimate that the growth in the gross domestic product from #aifd to #bjji would have been #ac4e percent higher if families had better access to affordable housing1 which in turn could have led to an additional #a1gjj1jjj1jjj increase in income1 equivalent to #h1gge in additional wages for each worker4 #c4 ,definitions ,in this ,act-- 7#a7 the terms adjusted income1 low-income family1 public housing1 and public housing agency have the meanings given those terms in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b772 7#b7 the term ,administrator means the ,administrator of the ,federal ,emergency ,management ,agency2 7#c7 the terms area having special flood hazards1 substantial damage1 and substantial improvement have the same meanings as when used in the ,flood ,disaster ,protection ,act of #aigc 7#db ,u4,s4,c4 #djjb et seq47 and the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djja et seq472 7#d7 the term at risk of homelessness has the meaning given the term in section #dja of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacfj72 7#e7 the term homeless has the meaning given the term in section #ajc of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacjb72 7#f7 the term minority-- 7,a7 has the meaning given the term in section #cjh7;b7 of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #adfc note72 and 7,b7 includes any indigenous person in the ,united ,states1 including in any territory of the ,united ,states2 7#g7 the term minority and women's business enterprise means a business that is not less than #ea percent owned and controlled by members of a minority group or women2 7#h7 the term qualified affordable housing means a housing development that-- 7,a7 7i7 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 ,agriculture2 or 7ii7 includes a qualified low income building1 as defined in section #db of the ,internal ,revenue ,code of #aihf2 or 7,b7 consists of not less than #e dwelling units of which not less than #bj percent are made available-- 7i7 for rental only by a low-income family2 7ii7 at a monthly rent amount that does not exceed #cj percent of the monthly adjusted income of the tenant low-income family2 and 7iii7 maintains affordability for residents who are low-income families for a period of not less than #cj years2 7#i7 the term relevant agency head means1 with respect to funds made available pursuant to any section of this ,act1 the head of the ,federal agency responsible for administering the program under which those funds are to be expended2 and 7#aj7 the term ,secretary means the ,secretary of ,housing and ,urban ,development4 #d4 ,public ,housing ,capital ,fund 7a7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated for the ,capital ,fund under section #i7;d7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7d77 #gj1jjj1jjj1jjj4 7#b7 ,availability of funds ,any amounts appropriated pursuant to this subsection shall remain available until the date that is #e years after the date of the appropriation4 7b7 ,requirements ,the ,secretary shall-- 7#a7 distribute not less than #ce percent and not more than #ge percent of any amounts appropriated pursuant to subsection 7a7 under the same formula used for amounts made available for the ,capital ,fund for fiscal year #bjai1 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 funding1 or both2 and 7#b7 make available all remaining amounts by competition for priority investments1 including investments that address lead hazards1 other urgent health and safety concerns1 and such other priorities as the ,secretary may identify4 7c7 ,timing ,the ,secretary shall obligate amounts-- 7#a7 made available under subsection 7b77#a7 within #cj days of enactment of the ,act appropriating such funds2 and 7#b7 made available under subsection 7b77#b7 within #ab months of enactment of the ,act appropriating such funds4 7d7 ,limitation ,amounts provided pursuant to this section may not be used for operating costs or rental assistance4 7e7 ,use of funds ,not more than #j4e percent of any amount appropriated pursuant to this section shall be used by the ,secretary for costs associated with staff1 training1 technical assistance1 technology1 monitoring1 travel1 enforcement1 research1 and evaluation4 7f7 ,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 agency1 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 laws4 7g7 ,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 ,federal1 ,state1 or local sources4 7h7 ,water and energy efficiency ,in distributing any amounts pursuant to subsection 7b71 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 amounts4 #e4 ,rural ,multifamily ,preservation and ,revitalization ,demonstration ,program 7a7 ,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 #ead1 #eae1 and #eaf of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adhd1 #adhe1 #adhf7 #a1jjj1jjj1jjj1 to remain available until expended4 7b7 ,water and energy efficiency ,not less than #aj percent of all amounts made available pursuant to this section shall be used only for activities relating to water and energy efficiency and1 at the discretion of the ,secretary of ,agriculture1 other strategies to reduce emissions4 #f4 ,flood ,mitigation ,assistance ,grant ,program 7a7 ,in general ,there is authorized to be appropriated for carrying out the ,flood ,mitigation ,assistance ,grant ,program under section #acff of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #dajd;c7 #a1jjj1jjj1jjj1 to remain available until expended4 7b7 ,flood risk mitigation ,except as provided in subsection 7c71 the ,administrator shall require that any structure that is located in an area having special flood hazards shall be elevated with the lowest floor1 including the basement1 not less than #b feet above the base flood level if the structure1 with amounts appropriated pursuant to this section-- 7#a7 is newly constructed2 7#b7 receives repairs to substantial damage1 or 7#c7 receives substantial improvement4 7c7 ,multifamily residences and attached and semi-,attached homes ,with regard to any structure that is a multifamily residence or an attached or semi-attached residence1 the ,administrator shall-- 7#a7 consult with the ,secretary and establish alternative forms of mitigation2 and 7#b7 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 7b74 7d7 ,water and energy efficiency ,not less than #aj percent of all amounts made available pursuant to this section shall be used only for activities relating to water and energy efficiency and1 at the discretion of the ,administrator1 other strategies to reduce emissions4 #g4 ,housing ,trust ,fund 7a7 ,in general ,there is authorized to be appropriated for the ,housing ,trust ,fund under section #acch of the ,housing and ,urban ,development ,act of #aiib 7#ab ,u4,s4,c4 #defh7 #e1jjj1jjj1jjj1 to remain available until expended4 7b7 ,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 homelessness4 7c7 ,water and energy efficiency ,not less than #aj percent of all amounts made available pursuant to this section shall be used only for activities relating to water and energy efficiency and1 at the discretion of the ,secretary1 other strategies to reduce emissions4 #h4 ,single-,family ,housing ,repair ,loans and ,grants 7a7 ,in general ,there is authorized to be appropriated for carrying out single family housing repair loans and grants under section #ejd of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adgd7 #ajj1jjj1jjj1 to remain available until expended4 7b7 ,water and energy efficiency ,not less than #aj percent of all amounts made available pursuant to this section shall be used only for activities relating to water and energy efficiency and1 at the discretion of the ,secretary of ,agriculture1 other strategies to reduce emissions4 #i4 ,native ,american ,housing ,block ,grant ,program 7a7 ,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 #aiif 7#be ,u4,s4,c4 #daaa et seq47 #a1jjj1jjj1jjj1 to remain available until expended4 7b7 ,water and energy efficiency ,not less than #aj percent of all amounts made available pursuant to this section shall be used only for activities relating to water and energy efficiency and1 at the discretion of the ,secretary1 other strategies to reduce emissions4 #aj4 ,,home ,investment ,partnerships ,program 7a7 ,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 7#db ,u4,s4,c4 #abgba et seq47 #e1jjj1jjj1jjj1 to remain available until expended4 7b7 ,water and energy efficiency ,not less than #aj percent of all amounts made available pursuant to this section shall be used only for activities relating to water and energy efficiency and1 at the discretion of the ,secretary1 other strategies to reduce emissions4 #aa4 ,program for supportive housing for persons with disabilities 7a7 ,in general ,there is authorized to be appropriated #b1ejj1jjj1jjj for project rental assistance under the program for supportive housing for persons with disabilities under section #haa7;b77#c7 of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac7;b77#c77 for ,state housing finance agencies1 to remain available until expended4 7b7 ,water and energy efficiency ,not less than #aj percent of all amounts made available pursuant to this section shall be used only for activities relating to water and energy efficiency and1 at the discretion of the ,secretary1 other strategies to reduce emissions4 #ab4 ,program for supportive housing for the elderly 7a7 ,in general ,there is authorized to be appropriated #b1ejj1jjj1jjj for-- 7#a7 capital advances pursuant to section #bjb7;c77#a7 of the ,housing ,act of #aiei 7#ab ,u4,s4,c4 #agjaq7c77#a771 including amendments to capital advance contracts for housing for the elderly as authorized by section #bjb of such ,act2 7#b7 project rental assistance for the elderly under section #bjb7;c77#b7 of such ,act1 including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a #a-year term2 7#c7 senior preservation rental assistance contracts1 including renewals1 as authorized by section #haa7;e7 of the ,american ,housing and ,economic ,opportunity ,act of #bjjj 7#ab ,u4,s4,c4 #agjaq note72 and 7#d7 supportive services associated with housing assisted under paragraph 7#a71 7#b71 or 7#c74 7b7 ,availability of amounts ,any amounts appropriated pursuant to this section shall remain available until ,september #cj1 #bjbc4 7c7 ,water and energy efficiency ,not less than #aj percent of all amounts made available pursuant to this section shall be used only for activities relating to water and energy efficiency and1 at the discretion of the ,secretary1 other strategies to reduce emissions4 #ac4 ,capital ,magnet ,fund 7a7 ,in general ,there is authorized to be appropriated for the ,capital ,magnet ,fund under section #acci of the ,federal ,housing ,enterprises ,financial ,safety and ,soundness ,act of #aiib 7#ab ,u4,s4,c4 #defi7 #b1ejj1jjj1jjj1 to remain available until expended4 7b7 ,water and energy efficiency ,not less than #aj percent of all amounts made available pursuant to this section shall be used only for activities relating to water and energy efficiency and1 at the discretion of the ,secretary1 other strategies to reduce emissions4 #ad4 ,community development block grant funding for affordable housing and infrastructure 7a7 ,authorization of appropriations 7#a7 ,in general ,subject to the provisions of this section1 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 #aigd 7#db ,u4,s4,c4 #ecja et seq47 #aj1jjj1jjj1jjj1 to remain available until expended4 7#b7 ,administrative and planning costs ,not more than #ae percent of any amounts appropriated pursuant to paragraph 7#a7 may be used for administrative and planning costs4 7b7 ,eligible activities ,amounts made available for assistance under this section may be used only for-- 7#a7 the development and preservation of qualified affordable housing1 including the construction of such housing2 7#b7 the responsible elimination or waiving of zoning requirements and other requirements that limit affordable housing development1 including high density and multifamily development restrictions1 off-street parking requirements1 and height limitations2 and 7#c7 any project or entity eligible for a discretionary grant provided by the ,department of ,transportation4 7c7 ,limitation ,with respect to amounts used pursuant to subsection 7b77#b71 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-- 7#a7 establish fair wages for labors2 7#b7 ensure the health and safety of buildings for residents and the general public2 7#c7 protect fair housing2 7#d7 provide environmental protections2 7#e7 prevent tenant displacement2 or 7#f7 protect any other interest that the ,secretary determines is in the public interest to preserve4 7d7 ,competition ,amounts made available for assistance under this section shall be awarded to ,states1 units of general local government1 and ,indian ,tribes on a competitive basis1 based on the extent to which the applicant-- 7#a7 demonstrates that the applicant is responsibly streamlining the process for development of qualified affordable housing2 7#b7 is eliminating or reducing impact fees for housing within boundaries of the ,state1 unit of local government1 or ,indian ,tribe1 as applicable1 except such fees that are used for the purposes of developing housing1 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 developments2 and 7#c7 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 7b7 to be funded with assistance under this section1 and the extent of such supplemental assistance to be provided4 7e7 ,water and energy efficiency ,not less than #aj percent of all amounts made available pursuant to this section shall be used only for activities relating to water and energy efficiency and1 at the discretion of the ,secretary1 other strategies to reduce emissions4 #ae4 ,inclusion of minority and women's business enterprises ,it shall be the duty of each relevant agency head-- 7#a7 to consult and cooperate with grantees and recipients1 when utilizing funds made available pursuant to this ,act1 to promote the inclusion of minority and women's business enterprises1 including to establish-- 7,a7 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 funds2 and 7,b7 procurement goals for the utilization of minority and women's business enterprises2 and 7#b7 to convene meetings with leaders and officials of ,state and local governments1 ,tribal entities1 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 ,act4