Sec. 201. CDBG Plus program
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Title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 et seq. ) is amended by adding at the end the following new subtitle: The Secretary of Housing and Urban Development shall carry out a Community Development Block Grant Plus Program under this section (in this section referred to as the CDBG Plus Program ) to provide assistance to units of general local government and States for activities to benefit homeless, housing unstable, or cost-burdened households, as such terms are defined in section 2 of the Housing Is a Human Right Act of 2021.
The CDBG Plus Program shall be carried out in the same manner and subject to the same requirements and limitations applicable to 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. ), except to the extent otherwise provided— by this section; or by the Secretary, to account for differences between— the primary objectives of such block grant program and the CDBG Plus Program (as provided in subsection
(c)of this section); and the primary benefit requirement of such block grant program under section 101(c) of such Act ( 42 U.S.C. 5301(c) ) and the primary benefit requirement of the CDBG Plus Program (as provided in subsection
(d)of this section). The primary objective of this section and of the CDBG Plus Program of each grantee under the program shall be to reduce and end homelessness and housing instability and to reduce and prevent housing-related cost-burdens, with priority given to providing housing for low-income and extremely low-income households and for members of a population at higher risk of homelessness, as such term is defined in section 2 of the Housing Is a Human Right Act of 2021 . Consistent with the primary objective under subsection (c), all of the Federal assistance provided to States and units of general local government under the CDBG Plus Program shall be used for the support of activities that benefit homeless, housing unstable, or cost-burdened households. Notwithstanding any provision of title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ), the CDBG Plus Program shall be subject to the following requirements: Notwithstanding section 105 of such title ( 42 U.S.C. 5305 ), activities assisted under the CDBG Plus Program may include only the following activities: Projects that improve compliance with the Americans With Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), projects that address other barriers to full community participation, integration, and access as identified by directly impacted persons with disabilities who experience homelessness or housing instability, and projects directed to the removal of material and architectural barriers which restrict the mobility and accessibility of elderly persons and persons with disabilities, and projects that assist elderly persons to age in place. The acquisition of real property (including air rights, water rights, and other interests therein), that— is appropriate for rehabilitation, conservation, or construction of permanent affordable housing or transitional housing; or is being acquired by or on behalf of a group of persons who are homeless, housing unstable, or at risk of homelessness to provide housing, land, or self-determination to that group of persons. The provision of public services that increase stability and housing access for persons experiencing homelessness or housing instability, including services associated with permanent supportive housing, housing search and placement support, and legal services. Activities necessary to develop, implement, or evaluate a comprehensive plan to end homelessness and housing instability. The rehabilitation, development, or construction of dignified and humane housing that is permanently affordable to persons earning 30 percent or less of the median income for the area in which the housing is located, including the construction and maintenance of public housing units and the creation of new forms of housing, such as tiny homes. The acquisition, rehabilitation, renovation, or conversion of transitional housing, temporary shelters, and other spaces, such as hotels, motels, government-owned properties, and commercial business spaces, to address urgent safety and public health needs for persons experiencing homelessness and housing instability, except that no funds shall be granted to any projects by government units or municipalities that penalize homelessness or force or coerce persons to utilize those spaces. All necessary activities to create, maintain, and offer to the public the types of infrastructure necessary to address basic human needs, including public bathrooms, water fountains, and places to sit and rest. Projects that ensure access to specialized medical respite housing and associated services and supports for persons experiencing homelessness or housing instability who are sick, injured, or who have been discharged from hospitals, nursing facilities, or similar facilities. Notwithstanding any provision of title I of the Housing and Community Development Act of 1974, the construction of new affordable housing in accordance with this paragraph is specifically permitted as an eligible activity of the CDBG Plus Program. Until the regulations required under subparagraph
(B)take effect, amounts made available for assistance under this title shall be allocated pursuant to the formula established under section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ). Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary shall issue regulations that establish a formula for allocation of amounts made available for assistance under this title that utilizes factors that more directly correlate to need of grantees for such amounts to address homelessness, housing instability, and cost-burdened households. In addition to citizen participation requirements under section 104(a) of such title ( 42 U.S.C. 5304(a) ), the citizenship participation process of each grantee under the CDBG Plus Program shall solicit the active participation of homeless, housing unstable, and cost-burdened households in directing the use of assistance provided under the Program. Notwithstanding section 104(d) of such title ( 42 U.S.C. 5304(d) ), each grantee under the CDBG Plus Program shall— certify that the activities funded with assistance provided under the program will not displace low- and moderate-income people; and take such actions as the Secretary considers necessary to inform residents of grantee community of a phone number for the Department of Housing and Urban Development which may be used to inform the Department of any such activities that may be causing the displacement of low- and moderate-income residents. The Secretary shall provide for expedited funding under the CDBG Plus program for any grantee that demonstrates that Federal property is available in the jurisdiction of the grantee that could be used to address homelessness and associated needs or housing instability but for the infrastructure needs that could be addressed through funds provided under the CDBG Plus Program. In allocating amounts for grants under the CDBG Plus Program, the Secretary shall prioritize affordable housing creation, permanent supportive housing, and supportive services utilizing a Housing First model, and other infrastructure to address basic human needs. 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 sustainability, resilience, water and energy efficiency and, at the Secretary’s discretion, other strategies to enhance the environmental sustainability and climate resilience of production, design, and construction of structures funded under the program under this section. Eligible activities shall include— construction that utilizes local, natural materials developed using sustainable methods that produce few or no carbon emissions; or other sustainable materials; use of sustainable appliances made in the United States, including all-electric appliances, and use of appliance, materials, and procedures that bring the structure into compliance with the Environmental Protection Agency’s WaterSense certification for efficient water use and Energy Star certification for energy-efficient appliances; construction or retrofit to build highly energy-efficient structures that produce on-site, or procure, enough carbon-free renewable energy to meet total energy consumption annually; use of renewable energy, which shall include— utility-, community-, and small-scale photovoltaic and thermal solar energy; utility- and small-scale wind energy; geothermal energy; microturbine hydroelectricity; energy efficiency; building electrification; energy storage; microgrids; and modern distribution grid infrastructure; and construction, retrofit, alternations, or repair that brings the structure into compliance with an Environmental Protection Agency or sustainable construction industry-recognized standard, including the Leadership in Energy and Environmental Design, International Green Construction Code, ASHRAE 189.1, National Green Building Standard, Green Globes, Living Building Challenge, and Building Research Establishment Environmental Assessment Method (BREEAM). In allocating amounts for grants under the program under this section, the Secretary shall prioritize applicants with a dedicated commitment to reducing and ending the penalization of homelessness and applicants that can demonstrate compliance with Center for Disease Control standards on appropriate responses to the coronavirus disease 2019 for persons experiencing unsheltered homelessness. Nothing in this section may be construed to affect or alter 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. ). There is authorized to be appropriated for assistance under the CDBG Plus Program under this section, for the first fiscal year commencing after the date of the enactment of this Act and for each of the next nine succeeding fiscal years thereafter, an amount equal to the difference between $6,000,000,000 and the amount credited for such use for such fiscal year pursuant to section 301(3) of the Housing Is a Human Right Act of 2021 . .
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