60001. Short title
This division may be cited as the “Housing is Infrastructure Act of 2020”.
Division J — Committee on Financial Services
J Committee on Financial Services
60002. Findings
The Congress finds the following:
Residential segregation and systemic community disinvestment continue to disproportionately affect the well-being and socioeconomic opportunity of children, low-income residents, and people of color.
Affordable and accessible housing allows people with disabilities to live independent lives and supports aging in place, yet less than 2 percent of the housing stock in the United States is accessible for individuals with disabilities.
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.
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.
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.
Federal investment in housing helps to create jobs and stimulate the economy.
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.
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.
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.
60003. Public Housing Capital Fund
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 7-year period beginning upon the date of such appropriation.
Requirements— The Secretary of Housing and Urban Development (in this division referred to as the “Secretary”) shall—
distribute not less than 50 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
make available all remaining amounts by competition for priority investments, which shall not exclude public housing agencies working in good faith to resolve urgent health and safety concerns based on written notification of violations from the Department of Environmental Protection, Department of Justice, or Department of Housing and Urban Development.
Timing— The Secretary shall obligate amounts—
made available under subsection (b)(1) within 30 days of enactment of the Act appropriating such funds; and
made available under subsection (b)(2) within 12 months of enactment of the Act appropriating such funds.
Limitation— Amounts provided pursuant to this section may not be used for operating costs or rental assistance.
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.
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.
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.
60004. Rural Multifamily Preservation and Revitalization Demonstration Program
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, and 1486)) $1,000,000,000 and any amounts appropriated pursuant to this section shall remain available until expended.
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 enhance the environmental sustainability of housing production and design.
60005. Flood Mitigation Assistance Grant Program
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.
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 of the Federal Emergency Management Agency shall consult with the Secretary of Housing and Urban Development and establish alternative forms of mitigation.
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.
Standards—
In general— All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration or repair work carried out, in whole or in part, with assistance made available through this section shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards in this paragraph, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.
Exception based on number of units— Paragraph (1) shall not apply to single-family homes or residential properties of less than 5 units.
Exception for certain individuals— Paragraph (1) shall not apply to any individual that—
performs services for which the individual volunteered;
does not receive compensation for such services or is paid expenses, reasonable benefits, or a nominal fee for such services; and
is not otherwise employed at any time in the construction work.
60006. Housing Trust Fund
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)).
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.
Applicability of Davis-Bacon Act—
In general— All laborers and mechanics employed by contractors and subcontractors in the performance of construction work financed in whole or in part with amounts made available pursuant to this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a through 276a–5). The preceding sentence shall apply to the rehabilitation of residential property only if such property contains not less than 12 units. The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 Fed. Reg. 3176; 64 Stat. 1267) and section 2 of the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276(c)).
Exception— Paragraph (1) shall not apply to any individual that—
performs services for which the individual volunteered;
does not receive compensation for such services or is paid expenses, reasonable benefits, or a nominal fee for such services; and
is not otherwise employed at any time in the construction work.
60007. Single-Family Housing Repair Loans and Grants
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.
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 enhance the environmental sustainability of housing production and design.
60008. Native American Housing Block Grant Program
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.
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.
60009. HOME Investment Partnerships Program
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.
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.
60010. Program for supportive housing for persons with disabilities
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.
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.
60011. Program for supportive housing for the elderly
In general— There is authorized to be appropriated $2,500,000,000 for—
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;
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;
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
supportive services associated with housing assisted under paragraph (1), (2), or (3).
Availability of amounts— Any amounts appropriated pursuant to this section shall remain available until September 30, 2023.
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.
60012. Capital Magnet Fund
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.
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 the Treasury, other strategies to enhance the environmental sustainability of housing production and design.
Applicability of Davis-Bacon Act—
In general— All laborers and mechanics employed by contractors and subcontractors in the performance of construction work financed in whole or in part with amounts made available pursuant to this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a through 276a–5). The preceding sentence shall apply to the rehabilitation of residential property only if such property contains not less than 12 units. The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 Fed. Reg. 3176; 64 Stat. 1267) and section 2 of the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276(c)).
Exception— Paragraph (1) shall not apply to any individual that—
performs services for which the individual volunteered;
does not receive compensation for such services or is paid expenses, reasonable benefits, or a nominal fee for such services; and
is not otherwise employed at any time in the construction work.
60013. Community development block grant funding for affordable housing and infrastructure
Authorization of appropriations—
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.
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.
Eligible activities— Amounts made available for assistance under this section may be used only for—
the development and preservation of qualified affordable housing, including the construction of such housing;
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;
activities designed to preserve existing housing by remediation of iron sulfide or other minerals causing housing degredation; or
any project or entity eligible for a discretionary grant provided by the Department of Transportation.
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—
establish fair wages for labors;
ensure the health and safety of buildings for residents and the general public;
protect fair housing;
provide environmental protections;
prevent tenant displacement; or
protect any other interest that the Secretary determines is in the public interest to preserve.
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—
demonstrates that the applicant is responsibly streamlining the process for development of qualified affordable housing;
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
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.
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.
Qualified affordable housing— For purposes of this section, the term “qualified affordable housing” means a housing development that—
is either—
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
includes a qualified low income building as such term is defined in section 42 of the Internal Revenue Code of 1986; or
consists of five or more dwelling units of which 20 percent or more are made available—
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)));
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
maintains affordability for residents who are low-income families for a period of not less than 30 years.
60014. Inclusion of minority and women’s business enterprises
Duty— It shall be the duty of each relevant agency head—
to consult and cooperate with grantees and recipients, when utilizing funds made available pursuant to this division, to promote the inclusion of minority and women’s business enterprises, as defined in subsection (b) including to establish—
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
procurement goals for the utilization of minority and women’s business enterprises; and
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 division.
Definitions— For the purposes of this section, the following definitions shall apply:
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.
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.
Relevant agency head— The term “relevant agency head” means, with respect to funds made available pursuant to any section of this division, the head of the Federal agency responsible for administering the program under which such funds are to be expended.
60015. Reports on outcomes
The Secretary of Housing and Urban Development, in coordination with the Secretary of the Treasury, the Administrator of the Federal Emergency Management Agency, and the Secretary of Agriculture shall submit a report to the Congress on an annual basis until all funds made available pursuant to this Act (but not including funds made available pursuant to section 60009) are expended, that provides a summary of outcomes for each program for which such funds were made available (but not including funds made available pursuant to section 60009), disaggregated at the census tract level, or block group level when available, that shall include, to the maximum extent possible, identification for the preceding year of—
the total number of housing units produced, rehabilitated, or mitigated using such funds;
the percentage of such housing units that are affordable to low-, to very low-, and to extremely low-income households;
the number of such housing units that are located in high-poverty census tracts;
the number of such housing units that are located in low-poverty census tracts;
the number of such housing units located in areas where the percentage of households in a racial or ethnic minority group—
is at least 20 percentage points higher than the percentage of that minority group for the Metropolitan Statistical Area;
is at least 20 percentage points higher than the percentage of all minorities for the Metropolitan Statistical Area; or
exceeds 50 percent of the population;
the number of such housing units with three or more bedrooms;
the number of such housing units located in qualified opportunity zones designated pursuant to section 1400Z–1 of the Internal Revenue Code of 1986;
the number of such housing units that are in compliance with the design and construction requirements of the Department of Housing and Urban Development under section 100.205 of title 24 of the Code of Federal Regulations; and
any other information that the Secretary of Housing and Urban Development considers appropriate to illustrate the number of housing units made available and accessible to protected classes under the Fair Housing Act (42 U.S.C. 3601 et seq.), disaggregated by protected class.
60016. GAO study of flood disaster assistance inequities
Study— The Comptroller General of the United States shall conduct a study on the accessibility of the Federal Emergency Management Agency’s Public Assistance, Individual Assistance, and other relevant flood disaster assistance programs and shall identify barriers to access based on race, ethnicity, language, and income level. The study shall identify inequities in—
the Agency’s core mission of response;
the Agency’s core mission of recovery; and
the Agency’s implementation of the Public Assistance and Individual Assistance programs.
Report— Not later than the expiration of the 1-year period beginning on the date of the enactment of this Act, the Comptroller General shall submit a report to the Congress setting forth the results and conclusions of the study under subsection (a).
60017. Grant program for manufactured housing preservation
Authority— The Secretary of Housing and Urban Development shall establish a grant program under this section and, to the extent amounts are made available pursuant to subsection (j), make grants under such program to eligible entities under subsection (b) for acquiring and preserving manufactured housing communities.
Eligible entities— A grant under this section may be made only to entities that meet such requirements as the Secretary shall establish to ensure that any entity receiving a grant has the capacity to acquire and preserve housing affordability in such communities, including—
a nonprofit organization, including land trusts;
a public housing agency or other State or local government agency;
an Indian tribe (as such term is defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)) or an agency of an Indian tribe;
a resident organization in which homeowners are members and have open and equal access to membership; or
such other entities as the Secretary determines will maintain housing affordability in manufactured housing communities.
Use of grant amounts— Amounts from a grant under this section may be used only for—
the acquisition and preservation of manufactured housing communities;
such acquisition and preservation, together with costs for making improvements to common areas and community property for acquired manufactured housing communities; or
the demolition, removal, and replacement of dilapidated homes from a manufactured housing community.
Preservation; affordability; ownership— A grant under this section may be made only if the Secretary determines that the grantee will enter into such binding agreements as the Secretary considers sufficient to ensure that—
the manufactured housing community acquired using such grant amounts—
will be maintained as a manufactured housing community for a period that begins upon the making of such grant and has a duration not shorter than 20 years;
will be managed in a manner that benefits the residents and maintains their quality of life for a period not shorter than 20 years;
will, for a period not shorter than 20 years, be subject to limitations on annual increases in rents for lots for manufactured homes in such community either through resident control over increases or, if owned by a party other than the residents, as the Secretary considers appropriate to ensure continued affordability and maintenance of the property, but not in any case annually to exceed the percentage that is equal to the percentage increase for the immediately preceding year in the Consumer Price Index for All Urban Consumers (CPI–U) plus 7 percent, and such rents will comply with any applicable State laws;
will be owned by an entity described in subsection (b) for a period not shorter than 20 years; and
has not been the primary beneficiary of a grant under this section during the preceding 5 years; and
if in the determination of the Secretary the provisions of the agreement have not been met, the grant shall be repaid.
Amount— The amount of any grant under this section may not exceed the lesser of—
$1,000,000; or
the amount that is equal to $20,000 multiplied by the number of manufactured home lots in the manufactured housing community for which the grant is made.
Matching funds— The Secretary shall require a grantee of grant under this section to provide non-Federal matching funds for use only for the same purposes for which the grant is used in an amount equal or exceeding the amount of the grant provided to the grantee. Such non-Federal matching funds may be provided by State, tribal, local, or private resources and may be a grant or loan, in cash or in-kind.
Applications; selection—
Applications— The Secretary shall provide for eligible entities under subsection (b) to apply for grants under this section, and shall require such applications to contain such assurances as the Secretary may require regarding the availability of matching funds sufficient to comply with subsection (f) and any organizational documents regarding the manufactured housing community for which the grant is made, as may be required by the State in which such community is located. The Secretary shall accept applications on a rolling basis and approve or deny each application within 20 business days of receipt in order to facilitate market-based transactions by an applicant.
Selection— The Secretary shall establish criteria for selection of applicants to receive grants under this section, which criteria shall—
give priority to grantees who would use such grant amounts to carry out activities under subsection (c) within areas having a high concentration of low-, very low-, or extremely low-income families (as such terms are defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b));
give priority to grants for the benefit of communities that have not received a grant under this section during the preceding 10 years; and
ensure that not more than 40 percent of grant funds for any fiscal year are awarded to entities identified in subsection (b)(5).
Reports—
In general— The Secretary shall submit a report annually regarding the grant program under this section to Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, and shall make each such report publicly available on the website of the Department of Housing and Urban Development. The first such report shall be made for the first fiscal year in which any grants are made under this section and a report shall be made for each fiscal year in which a grantee is subject to the requirements under subparagraph (d)(1)(A).
Contents— Each such report shall include, for the fiscal year covered by the report—
a description of the grants made under the program, including identification of what type of eligible entity under subsection (b) each grantee is;
for each manufactured home community for which a grant under this section is made, identification of—
the number of manufactured home units in the community at the time of the grant;
the lot rents in the community at such time; and
if a manufactured home community was purchased using grant amounts, the purchase price of the community;
summary information identifying the total applications received for grants under this section and total grant funding sought, disaggregated by the types of eligible entities under subsection (b) of the applicants; and
an analysis of the effectiveness of the program, including identification of changes to the number of units and lot rents in communities for which a grant was made, any significant upgrades made to the communities, demographic changes in communities, and, if any community is sold during the period covered under subsection (d), the sale price of the community.
Definitions— For purposes of this section, the following definitions shall apply:
Manufactured home— The term manufactured home means a structure, transportable in one or more sections, that—
in the traveling mode, is 8 body feet or more in width and 40 body feet or more in length, or when erected on site is 320 square feet or more;
is built on a permanent chassis and designed to be used as a dwelling (with or without a permanent foundation when connected to required utilities) and includes plumbing, heating, air conditioning, and electrical systems; and
in the case of a structure manufactured after June 15, 1976, is certified as meeting the Manufactured Home Construction and Safety Standards issued under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.) by the Department of Housing and Urban Development and displays a label of such certification on the exterior of each transportable section.
Manufactured housing community— The term manufactured housing community means a community comprised primarily of manufactured homes used primarily for residential purposes.
Secretary— The term Secretary means the Secretary of Housing and Urban Development.
Authorization of appropriations— There is authorized to be appropriated for grants under this section $100,000,000 for each of fiscal years 2021 through 2025, of which not more than 5 percent may be used for administration and oversight.
Regulations— The Secretary shall issue any regulations necessary to carry out this section.
60018. Lead abatement for families
Identification of lead water service lines—
Review— The Secretary of Housing and Urban Development, in consultation with public housing agencies, owners of other federally assisted housing, and the Administrator of the Environmental Protection Administration shall, not later than the expiration of the 24-month period beginning upon the date of the enactment of this Act, undertake and complete a review of all public housing projects and all other federally assisted housing projects to identify any such projects for which the source of potable water is a lead-based water service pipe or pipes.
Report— Upon completion of the review required under paragraph (1), the Secretary shall submit a report to the Congress setting forth the results of the review and identifying any projects for which the source of potable water is a lead-based water service pipe or pipes.
Grant authority—
In general— The Secretary may make grants to public housing agencies and owners of other federally assisted housing to cover the eligible costs of removing and replacing lead-based water service pipes for housing projects identified pursuant to the review under subsection (a).
Eligible costs— Amounts from a grant under this subsection may be used only for costs of removing and replacing a lead-based water service pipe for a housing project.
Assurances— The Secretary shall require each public housing agency and owner of other federally assisted housing receiving a grant under this subsection for a housing project to make such assurances and enter into such agreements as the Secretary considers necessary to ensure that—
the lead-based water service pipes for the project that will be removed and replaced using such grant amounts are identified; and
all work to remove and replace such pipes is completed before the expiration of the 24-month period beginning upon the initial availability to the agency or owner of such grant amounts.
Limitation on amounts— The amount of grant under this subsection with respect to a housing project may not exceed the estimate of the Secretary of the full cost or removing and replacing the lead-based water service pipes for the project identified pursuant to paragraph (3)(A).
Final report— Upon the expiration of the 6-year period beginning on the date of the enactment of this Act, the Secretary shall submit to the Congress a report identifying the housing projects for which lead -based water service pipes were removed and replaced using grants under subsection (b) and analyzing the effectiveness of the program for such grants.
Definitions— For purposes of this sectionn, the following definitions shall apply:
Housing project— The term housing project means a public housing project or a project that is other federally assisted housing.
Other federally assisted housing— The term other federally assisted housing has the meaning given the term federally assisted housing in section 683 of the Housing and Community Development Act of 1992 (42 U.S.C. 13641), except that such term does not include any public housing project described in paragraph (2)(A) of such section.
Lead-based water service pipe— The term lead-based water service pipe means, with respect to a housing project, a pipe or other conduit that—
is used to supply potable water for the housing project from outside the project; and
does not satisfy the definition of “lead-free” established under section 1417 of the Safe Drinking Water Act (42 U.S.C. 300g–6).
Public housing— The term public housing has the meaning given such term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
Secretary— The term Secretary means the Secretary of Housing and Urban Development.
Regulations— The Secretary, after consultation with the Administrator of the Environmental Protection Administration, may issue any regulations necessary to carry out this section.
Authorization of appropriations— There is authorized to be appropriated for grants under subsection (b)—
$90,000,000 for fiscal year 2021;
$80,000,000 for fiscal year 2022; and
$80,000,000 for fiscal year 2023.
60019. Comptroller General report on high-speed internet connectivity in Federally-assisted housing
In general— Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on broadband service in Federally-assisted housing.
Contents— The report required under subsection (a) shall include—
an analysis of Federally-assisted housing units that have access to broadband service and the number of such units that do not have access to broadband service, disaggregated by State, county, and congressional district, that includes geographic information and any Federal agency responsible for such units;
an analysis of which such units are not currently capable of supporting broadband service deployment and would require retrofitting to support broadband service deployment, disaggregated by State, county, and congressional district, that includes geographic information and any Federal agency responsible for such units;
an analysis of the estimated costs and timeframe necessary for retrofitting buildings to achieve 100 percent access to broadband service;
an analysis of the challenges to more widespread deployment of broadband service, including the comparative markets dynamics to expansion in rural areas and low-income urban areas, and the challenges to pursuing retrofits to achieve 100 percent access to broadband service;
descriptions of lessons learned from previous retrofitting actions;
an evaluation of the ConnectHome pilot program of the Secretary of Housing and Urban Development; and
recommendations for Congress for achieving 100 percent access to broadband service in Federally-assisted housing.
Definitions— In this section:
Broadband service— The term broadband service has the meaning given the term broadband internet access service in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.
Federally-assisted housing— In this section, the term Federally-assisted housing means any single-family or multifamily housing that is assisted under a program administered by the Secretary of Housing and Urban Development or the Secretary of Agriculture.
60020. Master plan for broadband connectivity in Federally-assisted housing
In general— The Secretary of Housing and Urban Development, in consultation with other relevant heads of Federal agencies, shall develop a master plan for achieving retrofitting Federally-assisted housing to support broadband service. The Secretary shall submit such plan to Congress not later than 18 months after the date of the enactment of this Act.
Definitions— In this section, the terms broadband service and Federally-assisted housing have the meanings given in section 60019.
60021. United States Interagency Council on Homelessness
Repeal of termination— Title II of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11311 et seq.) is amended—
by striking section 209 (42 U.S.C. 11319); and
by redesignating sections 207 and 208 (42 U.S.C. 11317, 11318) as sections 208 and 209, respectively.
in subsection (a)—
in paragraph (12), by striking “and” at the end;
in paragraph (13), by striking the period at the end and inserting a semicolon; and
by adding at the end the following new paragraphs:
“(14) rely on evidence-based practices;
“(15) identify and promote successful practices, including the Housing First strategy and the permanent supportive housing model; and
“(16) prioritize addressing disparities faced by members of a population at higher risk of homelessness, including by issuing reports and making recommendations to agencies.”
in subsection (b)—
in paragraph (1), by inserting “and” after the semicolon;
in paragraph (2), by striking the period at the end and inserting “; and”; and
by adding at the end the following new paragraph:
“(3) make formal reports and recommendations to Federal agencies, which shall include comments on how proposed regulatory changes would impact persons experiencing homelessness, housing instability, or who are cost-burdened.”
Advisory board—
In general— Title II of the McKinney-Vento Homeless Assistance Act is amended by inserting after section 206 (42 U.S.C. 11316) the following new section:
“207. Advisory board
“(a) Establishment—There is established an advisory board for the Council.
“(b) Membership
“(1) Composition—The advisory board shall be composed of not less than 20 individuals, selected in accordance with paragraph (3) from nominees proposed pursuant to paragraph (2), as follows:
“(A) Not less than 10 members shall be individuals who are homeless or experiencing housing instability, or were so during the 5 calendar years preceding appointment to the advisory board or who have been so in the last 5 calendar years.
“(B) Not less than eight members shall be individuals who are members of, or advocate on behalf of, or both, a population at higher risk of homelessness, including such transgender and gender non-conforming persons, Asian, Black, Latino, Native American, Native Hawaiian, Pacific Islander, and other communities of color, youth in or formerly in the foster care system, and justice-system involved youth and adults.
“(2) Nomination—Nominees for members of the advisory board shall be proposed by any grantee or subgrantee under this Act.
“(3) Selection—Advisory Board members shall be selected as follows:
“(A) At least five members shall be selected by the majority party members of the Committee on Financial Services of the House of Representatives and five members shall be selected by the minority party members of such committee.
“(B) At least five members shall be selected by the majority party members of the Committee on Banking, Housing, and Urban Affairs of the Senate and five members shall be selected by the minority party members of such committee.
“(4) Terms—Members of the advisory board shall serve terms of 2 years.
“(c) Functions—The advisory board shall review the work of the Council, make recommendations regarding how the Council can most effectively pursue the goal of ending homelessness, and raise specific points of concern with members of the Council who represent Federal agencies.
“(d) Meetings—The advisory board shall meet not less often than twice each year.
“(e) Council meetings—The Council shall meet regularly and not less often than once a year with the advisory board and shall provide timely written responses to recommendations, proposals, and concerns issued by the advisory board.
“(f) Chairman—The position of Chairman of the advisory board shall be filled by an individual who is a current or former member of the advisory board, is nominated by at least two members of the advisory board, and is confirmed by a vote of not less than 75 percent of the members of the advisory board.
“(g) Compensation—Any amounts made available for administrative costs of the Council may be used for costs of travel or online access to meetings for participation by members of the advisory board in board meetings, and for per diem compensation to advisory board members for board meetings.
“(h) Rule of construction—The agencies implementing this Act shall construe this Act in a manner that facilitates and encourage the full participation of advisory board members and shall consider the barriers faced by persons experiencing homelessness and shall endeavor to overcome such barriers to participation.”
Representation of chairman on council— Section 202(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11312(a)) is amended—
by redesignating paragraph (22) as paragraph (21); and
by adding at the end the following new paragraph:
“(22) The chairman of the advisory board established by section 207.”
Director— Subsection (a) of section 204 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11314(a)) is amended—
by striking “(a) Director.—The Council shall appoint an Executive Director, who shall be” and inserting the following:
“(a) Director
“(1) In general—The chief executive officer of the Council shall be the Executive Director, who shall be appointed in accordance with paragraph (2) and”
by adding at the end the following new paragraph:
“(1) Process for appointment—A vacancy in the position of Executive Director shall be filled by an individual nominated and appointed to such position by the Council, except that the Council may not appoint any nominee who is not confirmed by approval of 75 percent of the aggregate of all members of the Council and the advisory board under section 207 pursuant to an election in which each such member’s vote is given identical weight. If the Council is unable to agree on an Executive Director, the chairperson of the advisory council shall act as interim Executive Director.”
Definitions— Section 207 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11317) is amended by adding at the end the following new paragraphs:
“(3) The term “Housing First” means, with respect to addressing homelessness, an approach to quickly and successfully connect individuals and families experiencing homelessness to permanent and affordable housing opportunities and appropriate services without preconditions and low or no barriers to entry, including barriers relating to sobriety, treatment, work requirements, and service participation requirements.
“(4) The term “permanent supportive housing” means housing that provides—
“(A) indefinite leasing or rental assistance; and
“(B) non-mandatory, culturally competent supportive services to assist persons to achieve housing stability and maintain their health and well-being.
“(5)
“(A) The term “population at higher risk of homelessness” means a group of persons that is defined by a common characteristic and that has been found to experience homelessness, housing instability, or to be cost-burdened at a rate higher than that of the general public.
“(B) Information that may be used in demonstrating such a higher rate includes data generated by the Federal Government, by State or municipal governments, by peer-reviewed research, and by organizations having expertise in working with or advocating on behalf of homeless, housing unstable, or cost-burdened groups.
“(C) Such term shall include populations for which such higher rate has already been demonstrated, including Asian, Black, Latino, Native American, Native Hawaiian, Pacific Islander and other communities of color; persons with disabilities, including mental health disabilities, elderly persons, foster and former foster youth; LGBTQ persons, gender non-binary and gender non-conforming persons, justice system-involved persons, and veterans.”
Conforming amendment— The table of contents in section 101(b) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 note) is amended by striking the items relating to sections 209 and 210 and inserting the following:
60022. GAO study of housing needs of populations at higher risk of homelessness
In general— No later than the expiration of the 1-year period beginning on the date of the enactment of this Act, the Comptroller General of the United States shall identify and analyze the housing infrastructure needs of populations at higher risk of homelessness, and shall submit a report to the Congress recommending regulatory, policy, and practice changes that would ensure that Federal agencies better reduce and prevent homelessness and housing instability faced by populations at higher risk of homelessness.
Population at higher risk of homelessness—
In general— For purposes of this section, the term “population at higher risk of homelessness” means a group of persons that is defined by a common characteristic and that has been found to experience homelessness, housing instability, or to be cost-burdened at a rate higher than that of the general public.
Higher rate— Information that may be used in demonstrating such a higher rate includes data generated by the Federal Government, by State or municipal governments, by peer-reviewed research, and by organizations having expertise in working with or advocating on behalf of homeless, housing unstable, or cost-burdened groups.
Included populations— Such term shall include populations for which such higher rate has already been demonstrated, including Asian, Black, Latino, Native American, Native Hawaiian, Pacific Islander and other communities of color; persons with disabilities, including mental health disabilities, elderly persons, foster and former foster youth; LGBTQ persons, gender non-binary and gender non-conforming persons, justice system-involved persons, survivors of domestic violence, sexual assault, and other intimate partner violence, and veterans.
60023. Buy America requirements for community development block grant activities
Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) is amended by adding at the end the following:
“5323. Buy America
“(a) In general—Notwithstanding any other provision of law, the Secretary shall not obligate any funds authorized to be appropriated for any project authorized under this title and administered by the Secretary, unless steel, iron, manufactured products, and construction materials used in such project are produced in the United States.
“(b) Inapplicability—Subsection (a) shall not apply to the development of any housing, including single-family and multifamily housing.
“(c) Waiver—The Secretary may waive the requirements of subsection (a) if the Secretary finds—
“(1) that such requirements would be inconsistent with the public interest;
“(2) that products described in subsection (a) are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
“(3) that inclusion of domestic material will increase the cost of the overall project by more than 25 percent.
“(d) Notice—Not later than 15 days before making a determination regarding a waiver described in subsection (b), the Secretary shall provide notification and an opportunity for public comment on the request for such waiver.
“(e) International agreements—This section shall be applied in a manner consistent with the obligations of the United States under international agreements.”
60024. Repeal of Faircloth amendment
Section 9(g) of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)) is amended by striking paragraph (3) (relating to limitation on new construction).
60025. Study of effects of criminal history on access to housing
Not later than the expiration of the 2-year period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall—
conduct and complete a study on the effects of criminal history or involvement with the criminal legal system on access to private and assisted housing, taking into consideration demographic information, type of housing, socio-economic status, geography, nature of the offense, and other relevant factors allowing greater understanding of the impact of criminal history on access to housing; and
submit to the Congress a report setting forth the findings of the study, which shall be disaggregated according to the factors considered pursuant to paragraph (1).