114 HR 10009 IH: Revitalizing America’s Housing Act
U.S. House of Representatives
2024-10-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
2d Session
H. R. 10009
IN THE HOUSE OF REPRESENTATIVES
October 18, 2024
Mr. Lawler introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committees on Ways and Means, Oversight and Accountability, Energy and Commerce, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To improve the safety of, affordability of, and access to housing.
1.

Short title; Table of contents
(a)

Short title
This Act may be cited as the “Revitalizing America’s Housing Act”.
(b)

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; Table of contents.
Title I—Promoting opportunity and increasing supply
Sec. 101. Identification of regulatory barriers to affordable housing in HUD annual report.
Sec. 102. Opportunity zones transparency, extension, and improvement.
Sec. 103. Qualifying ordinary income added to special rules for investments in opportunity zones.
Sec. 104. Relieving strain from shortages of transformers.
Sec. 105. Incentivizing zoning reform.
Sec. 106. Expanding and strengthening the low-income housing tax credit.
Sec. 107. Decreasing the equity penalty and incentivizing more long-term owners to sell homes.
Title II—Increasing access to housing and addressing cost
Sec. 201. Expanding workforce and volunteer housing.
Sec. 202. Supporting affordability and safety for public servants.
Sec. 203. Expanding programs supporting homeownership for those serving the community.
Sec. 204. Improving volunteer first responder housing.
Sec. 205. Improving access to housing for veterans.
Sec. 206. Supporting veteran families in need.
Sec. 207. Attracting private investment to build and rehabilitate owner-occupied homes.
Sec. 208. Better utilizing and disposing of unused military and government lands for housing.
Sec. 209. Energy conservation standards for manufactured housing.
Sec. 210. Rental assistance demonstration program.
Sec. 211. Creating incentives for small dollar loan originators.
Sec. 212. Small dollar mortgage points and fees.
Sec. 213. Removing Outdated Regulation for Manufactured Housing.
Sec. 214. Relieving Burdens on Affordability.
Sec. 215. Protecting Home Affordability from Energy Mandates.
Title III—Serving the most vulnerable; health and safety
Sec. 301. GAO study to determine proximity of housing to Superfund sites.
Sec. 302. Ensuring public housing agencies inspect each dwelling unit each year.
Sec. 303. Incentivizing local solutions to homelessness.
Sec. 304. Improving mold and health standards.
Sec. 305. Improving Protection from Lead Hazards.
Sec. 306. Improving housing for the elderly and disabled.
Title IV—Good Governance
Sec. 401. Requiring annual testimony and oversight from housing regulators.
Sec. 402. Requiring annual testimony and oversight for government guaranteed or insured mortgage programs.
Sec. 403. Testimony and report from United States Interagency Council on Homelessness.
Sec. 404. Report detailing NYCHA compliance with and HUD oversight of 2019 agreement.
Sec. 405. FHA reporting requirements on safety and soundness.
Sec. 406. Combatting squatting.
Sec. 407. Reallocation of voucher funding.
Title V—Regulatory flexibility
Sec. 501. Authorization of Moving to Work Program.
Sec. 502. Rescission of Public and Indian Housing Notice 2021–18.
Title VI—Improving financial literacy regarding housing
Sec. 601. Reforms to housing counseling and financial literacy programs.
I

Promoting opportunity and increasing supply
101.

Identification of regulatory barriers to affordable housing in HUD annual report
Section 8 of the Department of Housing and Urban Development Act (42 U.S.C. 3536) is amended by adding at the end the following: “Each such annual report shall include an identification of significant regulatory barriers to affordable housing, within the meaning of such term as provided in the first sentence of section 1203 of the Housing and Community Development Act of 1992 (42 U.S.C. 12705b), and a discussion and analysis of how to reduce or remove such barriers.”.
102.

Opportunity zones transparency, extension, and improvement
(a)

Modification of population census tracts designated as qualified opportunity zones
Section 1400Z–1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:
“(g)

Disqualification of certain population census tracts
(1)

In general
Except as provided in paragraph (5), any disqualified census tract shall not be treated as a qualified opportunity zone for any period after the date that is 30 days after the date on which the Secretary publishes the final list of disqualified census tracts under paragraph (4)(B).
(2)

Replacement zones
(A)

In general
The chief executive officer of a State shall nominate additional population census tracts to replace any population census tract the designation of which as a qualified opportunity zone was terminated by reason of paragraph (1). Except as otherwise provided in this paragraph, the rules of subsections (b), (c), (d), and (f) shall apply to any population census tract nominated under this paragraph.
(B)

Consultation
No population census tract nominated under subparagraph (A) may be designated as a qualified opportunity zone unless the chief executive officer of the State certifies in writing to the Secretary that the chief executive officer has consulted with the chief executive officer (or the equivalent) of each local jurisdiction in which the population census tract is located.
(C)

Special rules
For purposes of this subchapter—
(i)
any population census tract which is a disqualified census tract (as defined in paragraph (3) without regard to subparagraph (A)(i) thereof) may not be nominated as a qualified opportunity zone under this paragraph,
(ii)
the determination period with respect to a nomination under subparagraph (A) shall be the 45-day period beginning on the date on which the Secretary publishes the final list of disqualified census tracts under paragraph (4)(B), as extended under subsection (b)(2), and
(iii)
the period for which any such designation is in effect shall be the period beginning on the date such designation takes effect and ending on the last day of the 10th calendar year beginning on or after the designation date as a qualified opportunity zone for the population census tract which it is replacing as such a zone by reason of the termination under paragraph (1).
(D)

Regulations and guidance
The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this paragraph.
(3)

Disqualified census tract
For purposes of this subsection—
(A)

In general
The term disqualified census tract means any population census tract which—
(i)
was designated as a qualified opportunity zone before the date of the enactment of this subsection, and
(ii)
is described in subparagraph (B) or (C).
(B)

High median family income tracts
(i)

In general
Except as provided in clauses (ii) and (iii), a population census tract is described in this subparagraph if the median family income for such tract exceeds 130 percent of the national median family income as published by Department of Housing and Urban Development or the CDFI Fund.
(ii)

Exception
Clause (i) shall not apply if the poverty rate of such population census tract (excluding students enrolled in an institution of higher education (as defined in section 101 of the Higher Education Act of 1965)) is equal to or greater than 30 percent.
(iii)

Request to retain designation for certain population census tracts
Clause (i) shall not apply if the Secretary, upon a request of the chief executive officer of the State made not later than 60 days after the date the Secretary publishes the list described in paragraph (4)(A), determines that—
(I)
the designation of such population census tract was consistent with the purposes of this subchapter, or
(II)
the median family income for the population census tract does not exceed 130 percent of the national median family income as published by Department of Housing and Urban Development or the CDFI Fund.
(C)

Election to include additional population census tracts
(i)

In general
A population census tract is described in this subparagraph if the Secretary, upon the request of the chief executive officer of the State submitted not later than 60 days after the date the Secretary publishes the list described in paragraph (4)(A), determines that the continued designation of such population census tract as a qualified opportunity zone is not consistent with the purposes of this subchapter.
(ii)

Consultation
No population census tract nominated under clause (i) may be designated as a qualified opportunity zone unless the chief executive officer of the State certifies in writing to the Secretary that the chief executive officer has consulted with the chief executive officer (or the equivalent) of each local jurisdiction in which the population census tract is located.
(iii)

Regulations and guidance
Not later than the date on which the Secretary publishes the final list of disqualified census tracts under paragraph (4)(B), the Secretary shall issue regulations or guidance with respect to the criteria to be used for making a determination by the Secretary under clause (i).
(4)

Identification and publication of disqualified census tracts
(A)

Initial identification
As soon as practical, but not later than 12 months after the date of the enactment of this subsection, the Secretary shall make public—
(i)
a list of population census tracts described in paragraph (3)(B) (determined without regard to clause (iii) thereof), and
(ii)
a list of population census tracts which are low-income communities and were not designated as a qualified opportunity zone before the date of enactment of this subsection.
(B)

Final list of disqualified census tracts
Not later than 105 days after the date the Secretary publishes the list described in subparagraph (A), the Secretary shall make public a final list of disqualified census tracts.
(5)

Rules for qualified preexisting investments
(A)

In general
For purposes of this subchapter, section 1400Z–2 shall be applied without regard to paragraph (1) with respect to any qualified preexisting trade or business.
(B)

Qualified preexisting trade or business
For purposes of this paragraph—
(i)

In general
The term qualified preexisting trade or business means any trade or business of a qualified opportunity fund or qualified opportunity zone business which meets the requirements of clauses (ii) and (iii) of section 1400Z–2(d)(3)(A) and with respect to which—
(I)
before the date of the enactment of this subsection, a registration statement under the Securities Act of 1933 (15 U.S.C. 77a et seq.) is filed or any comparable offering memorandum or similar disclosure document is provided in reliance on section 230.506 of title 17, Code of Federal Regulations (or successor regulations), promulgated under the Securities Act of 1933, that discloses the intent of such trade or business to invest in the disqualified census tract,
(II)
before the first date on which the disqualified census tract appears on any list published under paragraph (4), investments in the disqualified census tract are made or agreed pursuant to a binding agreement to be made which—
- (aa)
aggregate more than $250,000, and
- (bb)
have been designated in writing for the use in, or the development of, such trade or business, or
(III)
the qualified opportunity fund or qualified opportunity zone business is determined by the Secretary to have relied on the designation of the disqualified census tract as a qualified opportunity zone and to have suffered or is expected to suffer a loss as a result of the application of paragraph (1).
(ii)

Trade or business
The term trade or business includes any activity intended to qualify as a trade or business within the meaning of section 162.
(C)

Regulations and guidance
The Secretary shall prescribe such regulations or guidance as may be necessary or appropriate to carry out the purposes of this paragraph, including guidance to prevent speculative investment solely for the purpose of falling within the definition of a qualified preexisting trade or business.
(6)

Determination of population census tract data
For purposes of applying this subsection, in determining whether a population census tract meets any qualification with respect to poverty rate or any aspect of median income, such determination shall be made using the most recent census data that has been published by the Bureau of the Census as of the date of enactment of this subsection.”.
(b)

Certain former industrial tracts permitted To be designated as opportunity zones
Section 1400Z–1 of the Internal Revenue Code of 1986, as amended by section 101, is amended by adding at the end the following new subsection:
“(h)

Special rule for former industrial tracts contiguous to designated opportunity zones
(1)

In general
For purposes of this chapter, the term qualified opportunity zone means an population census tract which is described in paragraph (2) and designated as a qualified opportunity zone under this subsection.
(2)

Population census tract described
A population census tract is described in this subparagraph if—
(A)
the tract—
(i)
has a population of zero,
(ii)
was previously used for industrial purposes and is a brownfield industrial site, and
(iii)
is contiguous, including by water, to a population census tract on at least 1 side that has been designated as a qualified opportunity zone under this section, or
(B)
the tract was merged, as a result of the 2020 decennial census, into a census tract described in subparagraph (A)(iii) and met all requirements described in subparagraph (A).
(3)

Designation
For purposes of paragraph (1), a population census tract that is described in paragraph (2) is designated as a qualified opportunity zone if—
(A)
not later than 30 days after the date of the enactment of this subsection, the chief executive officer of the State in which the tract is located—
(i)
nominates the tract for designation as a qualified opportunity zone, and
(ii)
notifies the Secretary in writing of such nomination, and
(B)
not later than 30 days after receiving the notification under subparagraph (A)(ii), the Secretary certifies such nomination and designates such tract as a qualified opportunity zone.
(4)

Determination of census tract information
For purposes of this subsection, the boundaries and population of a census tract shall be determined based on United States Census Bureau data for the 2010 decennial census.
(5)

Number of designations
Population census tracts designated as a qualified opportunity zone under this subsection shall not be taken into account for purposes of subsection (d).
(6)

Definitions
For purposes of this subsection—
(A)

Brownfield industrial site
The term brownfield industrial site means a population census tract that includes real property the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance or pollutant or contaminant, including real property covered by a prospective purchaser agreement or similar agreement entered into by the Environmental Protection Agency or the appropriate State authority.
(B)

Hazardous substance
The term hazardous substance means—
(i)
a hazardous substance as defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14)), or
(ii)
petroleum or a petroleum product.
(C)

Pollutant or contaminant
The term “pollutant or contaminant” has the meaning given such term in section 101(33) of such Act.”.
(c)

Information reporting on qualified opportunity funds
(1)

In general
(A)

Filing requirements for funds and investors
Subpart A of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after section 6039J the following new sections:
“6039K.

Returns with respect to qualified opportunity funds
(a)

In general
Every qualified opportunity fund shall file an annual return (at such time and in such manner as the Secretary may prescribe) containing the information described in subsection (b).
(b)

Information from qualified opportunity funds
The information described in this subsection is—
(1)
the name, address, and taxpayer identification number of the qualified opportunity fund,
(2)
whether the qualified opportunity fund is organized as a corporation or a partnership,
(3)
the value of the total assets held by the qualified opportunity fund as of each date described in section 1400Z–2(d)(1),
(4)
the value of all qualified opportunity zone property held by the qualified opportunity fund on each such date,
(5)
with respect to each investment held by the qualified opportunity fund in qualified opportunity zone stock or a qualified opportunity zone partnership interest—
(A)
the name, address, and taxpayer identification number of the corporation in which such stock is held or the partnership in which such interest is held, as the case may be,
(B)
each North American Industry Classification Code that applies to the trades or businesses conducted by such corporation or partnership,
(C)
the population census tracts in which the qualified opportunity zone business property of such corporation or partnership is located,
(D)
the amount of the investment in such stock or partnership interest as of each date described in section 1400Z–2(d)(1),
(E)
the value, as determined under regulations issued by the Secretary, of tangible property held by such corporation or partnership on each such date which is owned by such corporation or partnership,
(F)
the value, as determined under regulations issued by the Secretary, of tangible property held by such corporation or partnership on each such date which is leased by such corporation or partnership,
(G)
the information described in paragraph (6)(E) with respect to buildings with 1 or more residential rental units which are held by such corporation or partnership, and
(H)
the approximate average monthly number of full-time equivalent employees of such corporation or partnership for the year (within numerical ranges identified by the Secretary) or such other indication of the employment impact of such corporation or partnership as determined appropriate by the Secretary, which shall account for direct and indirect, temporary and permanent jobs,
(6)
with respect to the items of qualified opportunity zone business property held by the qualified opportunity fund—
(A)
the North American Industry Classification Code that applies to the trades or businesses in which such property is held,
(B)
the population census tract in which the property is located,
(C)
whether the property is owned or leased,
(D)
the aggregate value, as determined under regulations issued by the Secretary, of the items of qualified opportunity zone property held by the qualified opportunity fund as of each date described in section 1400Z–2(d)(1), and
(E)
in the case of each building with 1 or more residential rental units—
(i)
the total number of such residential rental units,
(ii)
the number of such units occupied by tenants with an income of 50 percent or less of area median income adjusted for family size,
(iii)
the number of such units occupied by tenants with an income in excess of 50 percent, but not exceeding 60 percent of area median income adjusted for family size, and
(iv)
whether—
(I)
at least 20 percent of such units are occupied by tenants described in clause (ii), or
(II)
at least 40 percent of such units are occupied by tenants with income averaging not more than 60 percent of area median income adjusted for family size,
(7)
the approximate average monthly number of full-time equivalent employees for the year of the trades or businesses of the qualified opportunity fund in which qualified opportunity zone business property is held (within numerical ranges identified by the Secretary) or such other indication of the employment impact of such trades or businesses as determined appropriate by the Secretary, which shall account for direct and indirect, temporary and permanent jobs,
(8)
with respect to each person who disposed of an investment in the qualified opportunity fund during the year—
(A)
the name and taxpayer identification number of such person,
(B)
the date or dates on which the investment disposed was acquired, and
(C)
the date or dates on which any such investment was disposed and the amount of the investment disposed, and
(9)
such other information as the Secretary may require.
(c)

Statement required To be furnished to investors
Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return by reason of subsection (b)(8) a written statement showing—
(1)
the name, address and phone number of the information contact of the person required to make such return, and
(2)
the information required to be shown on such return by reason of subsection (b)(8) with respect to such person.
(d)

Definitions
For purposes of this section—
(1)

In general
Any term used in this section which is also used in subchapter Z of chapter 1 shall have the meaning given such term under such subchapter.
(2)

Full-time equivalent employees
The term full-time equivalent employees means, with respect to any month, the sum of—
(A)
the number of full-time employees (as defined in section 4980H(c)(4)) for the month, plus
(B)
the number of employees determined (under rules similar to the rules of section 4980H(c)(2)(E)) by dividing the aggregate number of hours of service of employees who are not full-time employees for the month by 120.
6039L.

Information on persons investing in qualified opportunity funds
(a)

In general
Every taxpayer who makes an investment in a qualified opportunity fund shall provide an annual statement (at such time and in such manner as the Secretary may prescribe) containing the information described in subsection (b) with respect to each such investment.
(b)

Information from investors
The information described in this subsection is—
(1)
the name, address, and taxpayer identification number of the taxpayer,
(2)
the name and taxpayer identification number of the qualified opportunity fund in which the investment was made,
(3)
a description of such investment,
(4)
the date such investment was made,
(5)
the amount of short-term and long-term capital gains for which an election was made under section 1400Z–2(a)(1) for such investment,
(6)
in the case of any disposition of any investment in a qualified opportunity fund during the taxable year—
(A)
a description of the investment disposed,
(B)
the date of the disposition, and
(C)
the amount of any previously deferred short-term and long-term capital gain included in income as a result of such disposition, and
(7)
such other information as the Secretary may require.
(c)

Definitions
Any term used in this section which is also used in subchapter Z of chapter 1 shall have the meaning given such term under such subchapter.
6039M.

Information required from certain qualified opportunity zone businesses
(a)

In general
Every applicable qualified opportunity zone business shall furnish to the qualified opportunity fund described in subsection (b) a written statement in such manner and setting forth such information as the Secretary may by regulations prescribe for purposes of enabling such qualified opportunity fund to meet the requirements of section 6039(b)(5).
(b)

Applicable qualified opportunity zone business
For purposes of subsection (a), the term applicable qualified opportunity zone business means any qualified opportunity zone business (as defined in section 1400Z–2(d)(3))—
(1)
which is a trade or business of a qualified opportunity fund,
(2)
in which a qualified opportunity fund holds qualified opportunity zone stock, or
(3)
in which a qualified opportunity fund holds a qualified opportunity zone partnership interest.
(c)

Other terms
Any term used in this section which is also used in subchapter Z of chapter 1 shall have the meaning given such term under such subchapter.”.
(B)

Penalties
(i)

In general
Part II of subchapter B of chapter 68 of the Internal Revenue Code of 1986 is amended by inserting after section 6725 the following new section:
“6726.

Failure to comply with information reporting requirements relating to qualified opportunity funds
(a)

Information returns by qualified opportunity funds
(1)

In general
In the case of any person required to file a return under section 6039K fails to file a complete and correct return under such section in the time and in the manner prescribed therefor, such person shall pay a penalty of $500 for each day during which such failure continues.
(2)

Limitation
(A)

In general
The maximum penalty under this subsection on failures with respect to any 1 return shall not exceed $10,000.
(B)

Large qualified opportunity funds
In the case of any failure described in paragraph (1) with respect to a fund the gross assets of which (determined on the last day of the taxable year) are in excess of $10,000,000, subparagraph (A) shall be applied by substituting “$50,000” for “$10,000”.
(3)

Reduction where correction in specified period
If any failure described in paragraph (1) is corrected on or before the day 60 days after the due date (including extensions) for filing the return, the penalty imposed by paragraph (1) shall be $500 in lieu of the amount determined under such paragraph.
(4)

De minimis errors
If—
(A)
there are one or more such failures described in paragraph (1) relating to an incorrect dollar amount, and no single amount in error differs from the correct amount by more than $100, or
(B)
there are one or more such failures described in paragraph (1) relating to a non-numerical amount and such error is inconsequential, then no correction shall be required, and, for purposes of this section, such statement shall be treated as having been filed with all correct required information.
(5)

Penalty in cases of intentional disregard
If a failure described in paragraph (1) is due to intentional disregard, then—
(A)
paragraph (1) shall be applied by substituting “$2,500” for “$500”,
(B)
paragraph (2)(A) shall be applied by substituting “$50,000” for “$10,000”, and
(C)
paragraph (2)(B) shall be applied by substituting “$250,000” for “$50,000”.
(6)

Inflation adjustment
(A)

In general
In the case of any failure relating to a return required to be filed in a calendar year beginning after 2023, each of the dollar amounts in paragraphs (1), (2), (3), and (5) shall be increased by an amount equal to such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year determined by substituting “calendar year 2022” for “calendar year 2016” in subparagraph (A)(ii) thereof.
(B)

Rounding
(i)

In general
If the $500 dollar amount in paragraph (1), (3), or (5)(A) or the $2,500 amount in paragraph (5)(A), after being increased under subparagraph (A), is not a multiple of $10, such dollar amount shall be rounded to the next lowest multiple of $10.
(ii)

Asset threshold
If the $10,000,000 dollar amount in paragraph (2)(B), after being increased under subparagraph (A), is not a multiple of $10,000, such dollar amount shall be rounded to the next lowest multiple of $10,000.
(iii)

Other dollar amounts
If any dollar amount in paragraph (2), (3), or (5) (other than any amount to which clause (i) or (ii) applies), after being increased under subparagraph (A), is not a multiple of $1,000, such dollar amount shall be rounded to the next lowest multiple of $1,000.
(b)

Statements by investors
(1)

In general
If—
(A)
any person is required to file a statement under section 6039L for any period, and
(B)
fails—
(i)
to file such statement on or before the required filing date, or
(ii)
fails to include all of the information required to be shown on the statement or includes incorrect information,
such person shall pay a penalty of $5,000.
(2)

Reduction where correction in specified period
If any failure described in paragraph (1)(B) is corrected on or before the day 60 days after the due date (including extensions) for filing the return, the penalty imposed by paragraph (1) shall be $500 in lieu of the amount determined under such paragraph.
(3)

De minimis errors
If—
(A)
there are one or more such failures described in paragraph (1)(B)(ii) relating to an incorrect dollar amount, and no single amount in error differs from the correct amount by more than $100, or
(B)
there are one or more such failures described in paragraph (1)(B)(ii) relating to a non-numerical amount and such error is inconsequential,
then no correction shall be required, and, for purposes of this section, such statement shall be treated as having been filed with all correct required information.
(4)

Penalty in cases of intentional disregard
If one or more failures described in paragraph (1)(B) are due to intentional disregard of the filing requirement (or the correct information reporting requirement), then, with respect to each such failure—
(A)
paragraphs (2) and (3) shall not apply, and
(B)
the amount of the penalty determined under paragraph (1) shall be $25,000.
(5)

Inflation adjustment
(A)

In general
In the case of any failure relating to a statement required to be filed in a calendar year beginning after 2023, each of the dollar amounts in paragraphs (1), (2), and (4) shall be increased by an amount equal to such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year determined by substituting “calendar year 2022” for “calendar year 2016” in subparagraph (A)(ii) thereof.
(B)

Rounding
The amount of any increase under subparagraph (A) shall be rounded to the nearest multiple of $100 ($10 in the case of any increase in the amount under paragraph (2)).”.
(ii)

Information required to be sent to other taxpayers
Section 6724(d)(2) of such Code is amended—
(I)
by striking “or” at the end of subparagraph (II),
(II)
by striking the period at the end of the first subparagraph (JJ) (relating to section 6226) and inserting a comma,
(III)
by redesignating the second subparagraph (JJ) (relating to section 6050Y) as subparagraph (KK),
(IV)
by striking the period at the end of subparagraph (KK) (as redesignated by subclause (III)) and inserting a comma, and
(V)
by inserting after subparagraph (KK) (as so redesignated) the following new subparagraphs:
“(LL)
section 6039K(c) (relating to disposition of qualified opportunity fund investments), or
(MM)
section 6039M (relating to information required from certain qualified opportunity zone businesses).”.
(C)

Electronic filing
Section 6011(e) of such Code is amended by adding at the end the following new paragraph:
“(8)

Qualified opportunity funds
Notwithstanding paragraphs (1) and (2), any return filed by a qualified opportunity fund shall be filed on magnetic media or other machine-readable form.”.
(D)

Clerical amendments
(i)
The table of sections for subpart A of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6039J the following new items:
“Sec. 6039K. Returns with respect to qualified opportunity funds.
Sec. 6039L. Information on persons investing in qualified opportunity funds.
Sec. 6039M. Information required from certain qualified opportunity zone businesses.”.
(ii)
The table of sections for part II of subchapter B of chapter 68 of such Code is amended by inserting after the item relating to section 6725 the following new item:
“Sec. 6726. Failure to comply with information reporting requirements relating to qualified opportunity funds.”.
(E)

Effective date
The amendments made by this paragraph shall apply to taxable years beginning after the date of the enactment of this Act.
(2)

Reporting of data on opportunity zone tax incentives
(A)

In general
As soon as practical after the date of the enactment of this Act, and annually thereafter, the Secretary of the Treasury, or the Secretary’s delegate (referred to in this section as the Secretary), in consultation with the Director of the Bureau of the Census and such other agencies as the Secretary determines appropriate, shall make publicly available a report on qualified opportunity funds.
(B)

Information included
The report required under subparagraph (A) shall include, to the extent available, the following information:
(i)
The number of qualified opportunity funds.
(ii)
The aggregate dollar amount of assets held in qualified opportunity funds.
(iii)
The aggregate dollar amount of investments made by qualified opportunity funds in qualified opportunity fund property across each industry class under the North American Industry Classification Code.
(iv)
The percentage of population census tracts designated as qualified opportunity zones that have received qualified opportunity fund investments.
(v)
For each population census tract designated as a qualified opportunity zone, the approximate average monthly number of full-time equivalent employees of the qualified opportunity zone businesses in such qualified opportunity zone for the preceding 12-month period (within numerical ranges identified by the Secretary) or such other indication of the employment impact of such qualified opportunity fund businesses as determined appropriate by the Secretary.
(vi)
The percentage of the total amount of investments made directly or indirectly by qualified opportunity funds in—
(I)
qualified opportunity zone business property which is real property; and
(II)
other qualified opportunity zone business property.
(vii)
For each population census tract, the aggregate approximate number of residential units resulting from investments made by qualified opportunity funds in real property.
(viii)
The aggregate dollar amount of investments made by qualified opportunity funds in each population census tract.
(C)

Additional information
(i)

In general
Beginning with the report submitted under subparagraph (A) for the 6th year after the date of the enactment of this Act, the Secretary shall include in such report the impacts and outcomes of a designation of a population census tract as a qualified opportunity zone as measured by economic indicators, such as job creation, poverty reduction, new business starts, and other metrics as determined by the Secretary.
(ii)

Semi-decennial information
(I)

In general
In the case of any report submitted under subparagraph (A) in the 6th year or the 11th year after the date of the enactment of this Act, the Secretary shall include the following information:
- (aa)
For population census tracts designated as a qualified opportunity zone, a comparison (based on aggregate information) of the factors listed in subclause (III) between the 5-year period ending on the date of the enactment of Public Law 115–97 and the most recent 5-year period for which data is available.
- (bb)
For population census tracts designated as a qualified opportunity zone, a comparison (based on aggregate information) of the factors listed in subclause (III) for the most recent 5-year period for which data is available between such population census tracts and a similar population census tracts that were not designated as a qualified opportunity zone.
(II)

Control groups
For purposes of subclause (I), the Secretary may combine population census tracts into such groups as the Secretary determines appropriate for purposes of making comparisons.
(III)

Factors listed
The factors listed in this subclause are the following:
- (aa)
The unemployment rate.
- (bb)
The number of persons working in the population census tract, including the percentage of such persons who were not residents in the population census tract in the preceding year.
- (cc)
Individual, family, and household poverty rates.
- (dd)
Median family income of residents of the population census tract.
- (ee)
Demographic information on residents of the population census tract, including age, income, education, race, and employment.
- (ff)
The average percentage of income of residents of the population census tract spent on rent annually.
- (gg)
The number of residences in the population census tract.
- (hh)
The rate of home ownership in the population census tract.
- (ii)
The average value of residential property in the population census tract.
- (jj)
The number of affordable housing units in the population census tract.
- (kk)
The number and percentage of residents in the population census tract that were not employed for the preceding year.
- (ll)
The number of new business starts in the population census tract.
- (mm)
The distribution of employees in the population census tract by North American Industry Classification Code.
(D)

Protection of identifiable return information
In making reports required under this paragraph, the Secretary—
(i)
shall establish appropriate procedures to ensure that any amounts reported do not disclose taxpayer return information that can be associated with any particular taxpayer or competitive or proprietary information,
(ii)
if necessary to protect taxpayer return information, may combine information required with respect to individual population census tracts into larger geographic areas, and
(iii)
shall treat any violation of this subparagraph as a violation of section 6103.
(E)

Definitions
Any term used in this paragraph which is also used in subchapter Z of chapter 1 of the Internal Revenue Code of 1986 shall have the meaning given such term under such subchapter.
(d)

Extension of deferral and investment period
(1)

In general
Subparagraph (B) of sections 1400Z–2(a)(2) and 1400Z–2(b)(1) of the Internal Revenue Code of 1986 is amended by striking “December 31, 2026” and inserting “December 31, 2028”.
(2)

Effective date
The amendment made by this subsection shall apply to amounts invested after December 22, 2017.
(e)

Modification of definition of qualified opportunity fund
(1)

In general
Section 1400Z–2(d)(1) of the Internal Revenue Code of 1986 is amended to read as follows:
“(1)

In general
The term qualified opportunity fund means—
(A)
any qualified feeder fund, or
(B)
any other investment vehicle if—
(i)
such investment vehicle is organized as a corporation or a partnership for the purpose of investing in qualified opportunity zone property (other than another qualified opportunity fund), and
(ii)
such investment vehicle holds at least 90 percent of its assets in qualified opportunity zone property, determined by the average of the percentage of qualified opportunity zone property held in the fund as measured—
(I)
on the last day of the first 6-month period of the taxable year of the fund, and
(II)
on the last day of the taxable year of the fund.”.
(2)

Qualified feeder fund
Section 1400Z–2(d) of such Code is amended by adding at the end the following new paragraph:
“(4)

Qualified feeder fund
The term qualified feeder fund means any investment vehicle that invests in a qualified opportunity fund if—
(A)
such investment vehicle is organized as a domestic partnership for the purpose of investing in one more corporations or partnerships described in paragraph (1)(B),
(B)
all investments made in the investment vehicle are made in cash, and
(C)
not less than 95 percent of the assets of which are equity investments in corporations or partnerships described in paragraph (1)(B) as measured—
(i)
on the last day of the first 6-month period of the taxable year of the feeder fund, and
(ii)
on the last day of the tax- able year of the feeder fund.”.
(3)

Effective date
The amendments made by this subsection shall take effect on the date of the enactment of this Act.
(f)

State and community dynamism fund
(1)

Establishment
There is established a State and Community Dynamism Fund to support public and private investment, including capital for qualified opportunity zones designated under section 1400Z–1(a) of the Internal Revenue Code of 1986, and existing small business and community economic development programs and incentives, to underserved businesses and communities.
(2)

Allocation
(A)

In general
Funds appropriated to the State and Community Dynamism Fund shall be allocated to States.
(B)

Formula
(i)

In general
The Secretary of the Treasury shall determine the allocation by allocating Federal funds among the States based on the proportion of prime working age adults not employed in each State bears to the total of prime working age adults not employed for all the States.
(ii)

Minimum allocation
The Secretary shall adjust the allocations under clause (i) for each State to the extent necessary to ensure that no State receives less than 0.9 percent of the Federal funds.
(C)

Requirement
To receive an allocation under subparagraph (B), a State shall certify that the State will use funds to—
(i)
build capacity in high-poverty, underbanked, rural, and otherwise underserved communities;
(ii)
advance investment in minority-, women, and veteran-owned businesses;
(iii)
address workforce development in strategic sectors of the State’s economy; and
(iv)
align priorities to support affordably priced housing.
(D)

Suballocation
A State may spend funds allocated under this paragraph directly or suballocate the funds to other entities, including units of general local government and nonprofits.
(E)

Eligible uses
Funds allocated under this paragraph shall be used for any eligible use in a low-income community, as defined in section 45D(e) of the Internal Revenue Code of 1986, including for—
(i)
operating support and community capacity building, with priority to given to operating support and community capacity building in qualified opportunity zones, including—
(I)
personnel to support activities, including coordination, education, and investment;
(II)
community-level capacity building, training, and strategic planning; and
(III)
outreach, technical assistance, and professional services to underserved businesses and underserved opportunity zone fund managers;
(ii)
high-impact projects, including—
(I)
predevelopment costs associated with individual Qualified Opportunity Zone projects; and
(II)
risk mitigation for qualified opportunity zone funds; and
(iii)
administrative costs, not to exceed 3 percent of the funds allocated.
(F)

Eligible projects
Funds used for high-impact project activities, as described in subparagraph (E)(ii), shall only be used for—
(i)
business with less than 200 employees;
(ii)
projects that provide community goods or services, including health care, social services, healthy food access, education, broadband, and culture; or
(iii)
affordable housing with at least 50 percent of the units that are affordable to families making less than 80 percent of area median family income.
(G)

Prioritization
A State that receives funds under this subsection must prioritize activities that—
(i)
promote investment in projects that substantially support minorities, as defined in section 1204(c) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note), or other targeted populations, as defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702); and
(ii)
have demonstrated meaningful engagement with community stakeholders.
(3)

Authorization of appropriations
There is authorized to be appropriated $1,000,000,000 to carry out this subsection.
(4)

GAO audit
The Comptroller General of the United States shall perform an annual audit of the Fund and submit to the appropriate committees of Congress a report containing the results of the audit.
(5)

Annual report
Not later than March 31 of each year, each State receiving funds under this subsection shall submit to the Secretary a report on the performance of the State and participating entities in the State that includes—
(A)
an accounting of the expenditure of funds received by the State, including on administrative or indirect costs;
(B)
information on the number and characteristics of participants served under this subsection; and
(C)
a summary describing the training, capacity-building, and technical assistance offered by the State and participating entities.
(6)

Definitions
In this subsection:
(A)

Prime working age adults not employed
The term prime working age adults not employed means, with respect to a State, the share of the adult population aged 25 to 54 that was not employed for the most recent year for which data is available.
(B)

State
The term State includes the District of Columbia, any territory or possession of the United States, and any Indian Tribe.
103.

Qualifying ordinary income added to special rules for investments in opportunity zones
(a)

In General
Section 1400Z–2 of the Internal Revenue Code of 1986 is amended—
(1)
in the section heading, by striking “capital gains invested” and inserting “investments”,
(2)
in subsection (a)—
(A)
in paragraph (1)—
(i)
in the heading, by inserting “qualifying ordinary income and” after “of”,
(ii)
by inserting “qualifying ordinary income and” after “case of”,
(iii)
by amending subparagraph (A) to read as follows:
“(A)
gross income for the taxable year shall not include—
(i)
so much of such gain as does not exceed the aggregate amount invested by the taxpayer in a qualified opportunity fund during the 180-day period beginning on the date of such sale or exchange, and
(ii)
so much of such qualifying ordinary income as does not exceed the aggregate amount invested by the taxpayer in a qualified opportunity fund during such taxable year,”, and
(iv)
in subparagraph (B), by inserting “qualifying ordinary income and” after “amount of”,
(B)
in paragraph (2)—
(i)
in subparagraph (A), by striking “or” at the end,
(ii)
in subparagraph (B), by striking the period at the end and inserting “, or”, and
(iii)
by adding at the end the following:
“(C)
with respect to qualified ordinary income received in a taxable year beginning after December 31, 2026.”, and
(C)
by adding at the end the following:
“(3)

Qualifying ordinary income defined
In this subsection, the term “qualifying ordinary income” means ordinary income other than income attributable to capital gains.”,
(3)
in subsection (b)—
(A)
in the subsection heading, by inserting “qualifying ordinary income and” after “deferral of”,
(B)
in paragraph (1), by striking “Gain” and inserting “Qualifying ordinary income and gain”, and
(C)
in paragraph (2)—
(i)
in subparagraph (A)—
(I)
by inserting “qualifying ordinary income and” after “amount of”, and
(II)
in clause (i), by striking “of gain”, and
(ii)
in subparagraph (B)—
(I)
in the clause (ii) heading, by striking “gain” and inserting “amount”, and
(II)
by striking “the amount of gain” each place it appears and inserting “the amount”, and
(4)
in subsection (e)(1), by inserting “qualifying ordinary income and” after “investments of”.
(b)

Effective Date
The amendments made by this section shall apply to amounts invested after the date of the enactment of this Act.
104.

Relieving strain from shortages of transformers
Section 321(35) of the Energy Policy and Conservation Act (42 U.S.C. 6291(35)) is amended by adding at the end the following:
“(C)

Efficiency level
The Secretary shall not finalize any rule under which the efficiency level of a liquid-immersed type, low voltage dry type, or medium voltage dry type distribution transformer is greater than trial standard level 2 (as described in table V.1 in the proposed rule entitled “Energy Conservation Program: Energy Conservation Standards for Distribution Transformers” (88 Fed. Reg. 1722 (January 11, 2023))).
(D)

Effective date for certain rules
Any rule finalized by the Secretary under which the efficiency level of a liquid-immersed type, low voltage dry type, or medium voltage dry-type distribution transformer is trial standard level 1 or 2 (as described in table V.1 in the proposed rule entitled ‘Energy Conservation Program: Energy Conservation Standards for Distribution Transformers’ (88 Fed. Reg. 1722 (January 11, 2023))) shall not take effect until 10 years after the date on which the rule is finalized.”.
105.

Incentivizing zoning reform
(a)

Purpose
The purpose of this section is to discourage the use of discriminatory land use policies and remove barriers to making housing more affordable in order to further the original intent of the Community Development Block Grant program.
(b)

Land use plan
(1)

In general
Section 104 of the Housing and Community Development Act of 1974 (42 U.S.C. 5304) is amended by adding at the end the following:
“(n)

Plan To track discriminatory land use policies
(1)

In general
Prior to receipt in any fiscal year of a grant from the Secretary under subsection (b), (d)(1), or (d)(2)(B) of section 106, each recipient shall have prepared and submitted, not less frequently than once during the preceding 5-year period, in accordance with this subsection and in such standardized form as the Secretary shall, by regulation, prescribe, with respect to each land use policy described in paragraph (2) that is applicable to the jurisdiction served by the recipient, a description of—
(A)
whether the recipient has already adopted the policy in the jurisdiction served by the recipient;
(B)
the plan of the recipient to implement the policy in that jurisdiction; or
(C)
the ways in which adopting the policy will benefit the jurisdiction.
(2)

Land use policies
The policies described in this paragraph are as follows:
(A)
Enacting high-density single-family and multifamily zoning.
(B)
Expanding by-right multifamily zoned areas.
(C)
Allowing duplexes, triplexes, or fourplexes in areas zoned primarily for single-family residential homes.
(D)
Allowing manufactured homes in areas zoned primarily for single-family residential homes.
(E)
Allowing multifamily development in retail, office, and light manufacturing zones.
(F)
Allowing single-room occupancy development wherever multifamily housing is allowed.
(G)
Reducing minimum lot size.
(H)
Ensuring historic preservation requirements and other land use policies or requirements are coordinated to encourage creation of housing in historic buildings and historic districts.
(I)
Increasing the allowable floor area ratio in multifamily housing areas.
(J)
Creating transit-oriented development zones.
(K)
Streamlining or shortening permitting processes and timelines, including through one-stop and parallel-process permitting.
(L)
Eliminating or reducing off-street parking requirements.
(M)
Ensuring impact and utility investment fees accurately reflect required infrastructure needs and related impacts on housing affordability are otherwise mitigated.
(N)
Allowing prefabricated construction.
(O)
Reducing or eliminating minimum unit square footage requirements.
(P)
Allowing the conversion of office units to apartments.
(Q)
Allowing the subdivision of single-family homes into duplexes.
(R)
Allowing accessory dwelling units, including detached accessory dwelling units, on all lots with single-family homes.
(S)
Establishing density bonuses.
(T)
Eliminating or relaxing residential property height limitations.
(U)
Using property tax abatements to enable higher density and mixed-income communities.
(V)
Donating vacant land for affordable housing development.
(3)

Effect of submission
A submission under this subsection shall not be binding with respect to the use or distribution of amounts received under section 106.
(4)

Acceptance or nonacceptance of plan
The acceptance or nonacceptance of any plan submitted under this subsection in which the information required under this subsection is provided is not an endorsement or approval of the plan, policies, or methodologies, or lack thereof.”.
(2)

Effective date
The requirements under subsection (n) of section 104 of the Housing and Community Development Act of 1974 (42 U.S.C. 5304), as added by paragraph (1), shall—
(A)
take effect on the date that is 1 year after the date of enactment of this Act; and
(B)
apply to recipients of a grant under subsection (b), (d)(1), or (d)(2)(B) of section 106 of the Housing and Community Development Act of 1974 (42 U.S.C. 5306) before, on, and after such date.
106.

Expanding and strengthening the low-income housing tax credit
(a)

Increases in State allocations
(1)

In general
Clause (ii) of section 42(h)(3)(C) of the Internal Revenue Code is amended—
(A)
in subclause (I), by striking “$1.75” and inserting “the per capita amount”, and
(B)
in subclause (II), by striking “$2,000,000” and inserting “the minimum amount”.
(2)

Per capita amount; minimum amount
Section 42(h)(3) of the Internal Revenue Code of 1986 is amended by striking subparagraphs (H) and (I) and inserting the following:
“(H)

Per capita amount
For purposes of subparagraph (C)(ii)(I), the per capita amount shall be determined as follows:
(i)

Calendar year 2023
For calendar year, 2023, the per capita amount is $3.90.
(ii)

Calendar year 2024
For calendar year 2024, the per capita amount is the product of—
(I)
1.25, and
(II)
the dollar amount under clause (i) increased by an amount equal to—
- (aa)
such dollar amount, multiplied by
- (bb)
the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting “calendar year 2022” for “calendar year 2016” in subparagraph (A)(ii) thereof.
If the amount determined after application of the preceding sentence is not a multiple of $5,000, such amount shall be rounded to the next lowest multiple of $5,000.
(iii)

Calendar years after 2024
In the case of any calendar year after 2024, the per capita amount is the dollar amount determined under clause (ii) increased by an amount equal to—
(I)
such dollar amount, multiplied by
(II)
the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting “calendar year 2023” for “calendar year 2016” in subparagraph (A)(ii) thereof.
Any amount increased under the preceding sentence which is not a multiple of 5 cents shall be rounded to the next lowest multiple of 5 cents.
(I)

Minimum amount
For purposes of subparagraph (C)(ii)(II), the minimum amount shall be determined as follows:
(i)

Calendar year 2023
For calendar year, 2023, the minimum amount is $4,495,000.
(ii)

Calendar year 2024
For calendar year 2024, the minimum amount is the product of—
(I)
1.25, and
(II)
the dollar amount under clause (i) increased by an amount equal to—
- (aa)
such dollar amount, multiplied by
- (bb)
the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting “calendar year 2022” for “calendar year 2016” in subparagraph (A)(ii) thereof.
If the amount determined after application of the preceding sentence is not a multiple of 5 cents, such amount shall be rounded to the next lowest multiple of 5 cents.
(iii)

Calendar years after 2024
In the case of any calendar year after 2024, the minimum amount is the dollar amount determined under clause (ii) increased by an amount equal to—
(I)
such dollar amount, multiplied by
(II)
the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting “calendar year 2023” for “calendar year 2016” in subparagraph (A)(ii) thereof.
Any amount increased under the preceding sentence which is not a multiple of $5,000 shall be rounded to the next lowest multiple of $5,000.”.
(3)

Effective date
The amendments made by this subsection shall apply to calendar years beginning after December 31, 2022.
(b)

Reforms relating to tenant eligibility
(1)

Average income test applicability to exempt facility bonds
(A)

In general
Paragraph (1) of section 142(d) of the Internal Revenue Code of 1986 is amended—
(i)
by striking “(A) or (B)” and inserting “(A), (B), or (C)”, and
(ii)
by inserting after subparagraph (B) the following new subparagraph:
“(C)

Average income test
A project meets the requirements of this subparagraph if it meets the minimum requirements of section 42(g)(1)(C).”.
(B)

Effective date
The amendments made by this paragraph shall apply to elections made under section 142(d)(1) of the Internal Revenue Code of 1986 after March 23, 2018.
(2)

Codification of rules relating to increased tenant income
(A)

In general
Clause (i) of section 42(g)(2)(D) of the Internal Revenue Code of 1986 is amended by striking “clauses (ii), (iii), and (iv)” and all that follows and inserting “clauses (ii), (iii), (iv), and (vi), notwithstanding an increase in the income of the occupants above the income limitation applicable under paragraph (1)—
“(I)
a low-income unit shall continue to be treated as a low-income unit if the income of such occupants initially was 60 percent or less of area median gross income and such unit continues to be rent-restricted, and
(II)
a unit to which, at the time of initial occupancy by such occupants, any Federal, State, or local government income restriction applied, and which subsequently becomes part of a building with respect to which rehabilitation expenditures are taken into account under subsection (e), shall be treated as a low-income unit if the income of such occupants initially was 60 percent or less of area median gross income and does not exceed 120 percent of area median gross income as of the date of acquisition of the property by the taxpayer.”.
(B)

Exception
Subparagraph (D) of section 42(g)(2) of the Internal Revenue Code of 1986, as amended by this section, is further amended by adding at the end the following new clause:
“(vi)

Exception to rule relating to increased tenant income
In the case of an occupant of a low-income unit who initially qualified to occupy such unit by reason of paragraph (1)(C) with an income in excess of 60 percent of area median gross income but not in excess of 80 percent of area median gross income, clause (i) shall be applied for substituting “80 percent” for “60 percent” each place it appears.”.
(C)

Effective date
The amendments made by this paragraph shall apply to taxable years beginning after December 31, 2022.
(3)

Modification of student occupancy rules
(A)

In General
Subparagraph (D) of section 42(i)(3) of the Internal Revenue Code of 1986 is amended to read as follows:
“(D)

Rules relating to students
(i)

In general
A unit occupied solely by individuals who—
(I)
have not attained age 24, and
(II)
are enrolled in a full-time course of study at an institution of higher education (as defined in section 3304(f)),
shall not be treated as a low-income unit.
(ii)

Exception for certain Federal programs
In the case of a federally-assisted building (as defined in subsection (d)(6)(C)(i)), clause (i) shall not apply to a unit all of the occupants of which meet all applicable requirements under the housing program described in such subsection through which the building is assisted, financed, or operated.
(iii)

Other exceptions
An individual shall not be treated as described in clause (i) if the individual meets the income limitation applicable under subsection (g)(1) to the project of which the building is a part and—
(I)
is married,
(II)
is a person with disabilities (as defined in section 3(b)(3)(E) of the United States Housing Act of 1937),
(III)
is a veteran (as defined in section 101(2) of title 38, United States Code),
(IV)
has 1 or more qualifying children (as defined in section 152(c)),
(V)
is or has been a victim or threatened victim of domestic violence, dating violence, sexual assault, or stalking (as defined in section 40002 of the Violence Against Women Act of 1994),
(VI)
is or has been a victim of any form of human trafficking, or
(VII)
is, or was prior to attaining the age of majority—
- (aa)
an emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in the individual's State of legal residence,
- (bb)
under the care and placement responsibility of the State agency responsible for administering a plan under part B or part E of title IV of the Social Security Act, or
- (cc)
an unaccompanied youth (within the meaning of section 725(6) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(6))) or a homeless child or youth (within the meaning of section 725(2) of such Act (42 U.S.C. 11434a(2))).
For purposes of subclause (VI), an individual is or has been a victim of human trafficking if such individual was subjected to an act or practice described in paragraph (11) or (12) of section 103 of the Trafficking Victims Protection Act of 2000.”.
(B)

Effective date
The amendment made by this paragraph shall apply to taxable years beginning after December 31, 2023.
(4)

Tenant voucher payments taken into account as rent for certain purposes
(A)

In general
Subparagraph (B) of section 42(g)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: “In the case of a project with respect to which the taxpayer elects the requirements of subparagraph (C) of paragraph (1), or the portion of a project to which subsection (d)(5)(C) applies, clause (i) shall not apply with respect to any tenant-based assistance (as defined in section 8(f)(7) of the United States Housing Act of 1937 (42 U.S.C. 1437f(f)(7))).”.
(B)

Effective date
The amendments made by this paragraph shall apply to rent paid in taxable years beginning after December 31, 2023.
(5)

Requirement that low-income housing credit-supported housing protect victims of domestic abuse
(A)

In general
Subparagraph (B) of section 42(h)(6) of the Internal Revenue Code of 1986 is amended by striking “and” at the end of clause (v), by striking the period at the end of clause (vi) and inserting “, and”, and by adding at the end the following new clause:
“(vii)
which—
(I)
prohibits the refusal to lease to, or termination of a lease by, a person solely on the basis of criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking that is engaged in by a member of the household of the tenant or any guest or other person under the control of the tenant, if the tenant or an affiliated individual of the tenant is the victim or threatened victim of such domestic violence, dating violence, sexual assault, or stalking, and
(II)
allows prospective, present, or former occupants of the building the right to enforce in any State court the prohibition of subclause (I).”.
(B)

Bifurcation
(i)

In general
Subparagraph (B) of section 42(h)(6) of the Internal Revenue Code of 1986, as amended by subsection (a), is further amended by adding at the end the following new flush sentence:
“For purposes of clause (vii)(I), rules similar to the rules of section 41411(b)(3)(B) of the Violence Against Women Act of 1994 shall apply with respect to the owner or manager of a building.”.
(ii)

Effect of bifurcation
Paragraph (2) of section 42(g) of such Code is amended by adding at the end the following new subparagraph:
“(F)

Treatment of bifurcation in cases of domestic violence
In any case in which—
(i)
an occupant is evicted or removed from a low-income unit because such occupant has engaged in criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking against an affiliated individual or other individual on the basis of criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking, and
(ii)
the lease on such unit is bifurcated as provided in the last sentence of subsection (h)(6)(B),
then the remaining occupants of such low-income unit shall not be treated as a new tenant for purposes of this section.”.
(C)

Clarification of general public use requirement
Paragraph (9) of section 42(g) of the Internal Revenue Code of 1986 is amended by striking “or” at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting “, or”, and by adding at the end the following new subparagraph:
“(D)
who are victims or threatened victims of criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking.”.
(D)

Effective dates
(i)

In general
Except as provided in clause (ii), the amendments made by this paragraph shall apply to agreements executed or modified on or after the date that is 30 days after the date of the enactment of this Act.
(ii)

Public use requirement
The amendments made by subparagraph (C) shall apply to buildings placed in service before, on, or after the date of the enactment of this Act.
(6)

Clarification of general public use requirement relating to veterans, etc
(A)

In general
Paragraph (9) of section 42(g) of the Internal Revenue Code of 1986, as amended by paragraph (5) of this section, is further amended by adding at the end the following flush language:
“Any veteran of the Armed Forces shall be treated as a member of a specified group under a Federal program for purposes of subparagraph (B).”.
(B)

Qualified residential rental projects
Paragraph (2) of section 142(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:
“(F)

Clarification of general public use requirement
A unit shall not fail to meet the general public use requirement solely because of occupancy restrictions or preferences, if such restrictions or preferences meet the general public use requirement of section 42.”.
(C)

Effective dates
(i)

In general
The amendment made by subparagraph (A) shall apply to buildings placed in service before, on, or after the date of the enactment of this Act.
(ii)

Qualified residential rental projects
The amendment made by subparagraph (B) shall apply to bonds issued before, on, or after the date of the enactment of this Act.
(c)

Rules relating to credit eligibility and determination
(1)

Reconstruction or replacement period after casualty loss
(A)

No recapture following casualty loss
Subparagraph (E) of section 42(j)(4) of the Internal Revenue Code of 1986 is amended to read as follows:
“(E)

No recapture by reason of casualty loss
(i)

In general
The increase in tax under this subsection shall not apply to a reduction in qualified basis by reason of a casualty loss to the extent such loss is restored by reconstruction or replacement within a reasonable period established by the applicable housing credit agency, not to exceed 25 months from the date on which the qualified casualty loss arises.
(ii)

Qualified casualty losses
In the case of a qualified casualty loss, the period described in clause (i) may be extended, but not in excess of 12 months, if the applicable housing credit agency determines the qualified casualty arose by reason of an event which was not discrete to the building and which made a reconstruction or replacement within 25 months impractical. In the event the applicable housing credit agency determines a period in excess of 25 months is necessary for such reconstruction or replacement, the compliance period shall be increased by any such additional time.
(iii)

Application
The determination under paragraph (1) shall not be made with respect to a property the basis of which is affected by a qualified casualty loss until the period described in clause (i) (as modified by clause (ii), if applicable) with respect to such property has expired.
(iv)

Qualified casualty loss
For purposes of this subparagraph, the term qualified casualty loss means a casualty loss that is the result of a federally declared disaster (as defined in section 165(i)(5)).”.
(B)

Qualified basis following casualty loss
Paragraph (1) of section 42(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:
“(F)

Qualified basis following casualty loss
If a casualty causes the qualified basis of a building in any year to be less than the qualified basis in the immediately preceding year then, in the year of such casualty and each succeeding year until such building or the units affected by the casualty are reconstructed or replaced (but only through the last year of the period permitted for reconstruction or replacement under subsection (j)(4)(E))—
(i)
the qualified basis of such building shall be equal to the qualified basis of such building as of the last day of the year preceding the year in which such casualty occurred,
(ii)
if such building is not reconstructed or replaced by the expiration of the applicable period for such reconstruction or replacement under subsection (j)(4), then the recapture amount provided for in subsection (j)(1) shall include the amount of any credit claimed under this section by reason of the application of clause (i), and
(iii)
a building which was a qualified low-income building as of the last day of the year preceding the year in which such casualty occurred shall not cease to be a qualified low-income building solely because of such casualty.”.
(C)

Effective date
The amendments made by this paragraph shall apply to casualties occurring after the date which is 25 months before the date of the enactment of this Act.
(2)

Modification of previous ownership rules; limitation on acquisition basis
(A)

In general
Clause (ii) of section 42(d)(2)(B) of the Internal Revenue Code of 1986 is amended by inserting “, or the taxpayer elects the application of subparagraph (C)(ii)” after “service”.
(B)

Limitation on acquisition basis
Subparagraph (C) of section 42(d)(2) of the Internal Revenue Code of 1986 is amended—
(i)
by striking “For purposes of subparagraph (A), the adjusted basis” and inserting “For purposes of subparagraph (A)—
“(i)

In general
The adjusted basis”, and
(ii)
by adding at the end the following new clauses:
“(ii)

Buildings in service within previous 10 years
If the period between the date of acquisition of the building by the taxpayer and the date the building was last placed in service is less than 10 years, the taxpayer's basis attributable to the acquisition of the building which is taken into account in determining the adjusted basis shall not exceed the sum of—
(I)
the lowest amount paid for acquisition of the building by any person during the 10 years preceding the date of the acquisition of the building by the taxpayer, adjusted as provided in clause (iii), and
(II)
the value of any capital improvements made by the person who sells the building to the taxpayer which are reflected in such seller's basis.
(iii)

Adjustment
With respect to a basis determination made in any taxable year, the amount described in clause (ii)(I) shall be increased by an amount equal to—
(I)
such amount, multiplied by
(II)
a cost-of-living adjustment, determined in the same manner as under section 1(f)(3) for the calendar year in which the taxable year begins by taking into account the acquisition year in lieu of calendar year 1992.
For purposes of the preceding sentence, the acquisition year is the calendar year in which the lowest amount referenced in clause (ii)(I) was paid for the acquisition of the building.”.
(C)

Conforming amendments
Clause (i) of section 42(d)(2)(D) of the Internal Revenue Code of 1986 is amended—
(i)
by striking “for subparagraph (B)” in the heading, and
(ii)
by striking “subparagraph (B)(ii)” in the matter preceding subclause (I) and inserting “subparagraph (B)(ii) or (C)(ii)”.
(D)

Modification of placed in service rule
Clause (iii) of section 42(d)(2)(B) of the Internal Revenue Code of 1986 is amended to read as follows:
“(iii)
the building was not owned by the taxpayer or by any person related (as of the date of acquisition by the taxpayer) to the taxpayer at any time during the 5-year period ending on the date of acquisition by the taxpayer, and”.
(E)

Effective date
The amendments made by this paragraph shall apply to buildings placed in service after December 31, 2022.
(3)

Certain relocation costs taken into account as rehabilitation expenditures
(A)

In general
Paragraph (2) of section 42(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:
“(C)

Certain relocation costs
In the case of a rehabilitation of a building to which section 280B does not apply, costs relating to the relocation of occupants, including—
(i)
amounts paid to occupants,
(ii)
amounts paid to third parties for services relating to such relocation, and
(iii)
amounts paid for temporary housing for occupants,
shall be treated as chargeable to capital account and taken into account as rehabilitation expenditures.”.
(B)

Effective date
The amendment made by this paragraph shall apply to expenditures paid or incurred after December 31, 2022.
(C)

No inference
Nothing in the amendment made by this paragraph shall be construed to create any inference with respect to the treatment of relocation costs paid or incurred before December 31, 2022.
(4)

Repeal of qualified census tract population cap
(A)

In general
Clause (ii) of section 42(d)(5)(B) of the Internal Revenue Code of 1986 is amended—
(i)
by striking subclauses (II) and (III), and
(ii)
by striking “Qualified census tract.—
“(I)

In general
The term”,
and inserting “Qualified census tract.—The term”.
(B)

Effective date
The amendments made by this paragraph shall apply to designations of qualified census tracts under section 42(d)(5)(B)(ii) of the Internal Revenue Code of 1986 after December 31, 2023.
(5)

Determination of community revitalization plan to be made by housing credit agency
(A)

In general
Subclause (III) of section 42(m)(1)(B)(ii) of the Internal Revenue Code of 1986 is amended by inserting “, as determined by the housing credit agency according to criteria established by such agency,” after “(d)(5)(B)(ii)) and”.
(B)

Criteria
Paragraph (1) of section 42(m) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:
“(E)

Criteria for determination relating to concerted community revitalization plan
For purposes of subparagraph (B)(ii)(III), the criteria which shall be established by a housing credit agency for determining whether the development of a project contributes to a concerted community development plan shall take into account any factors the agency deems appropriate, including the extent to which the proposed plan—
(i)
is geographically specific,
(ii)
outlines a clear plan for implementation and goals for outcomes,
(iii)
includes a strategy for applying for or obtaining commitments of public or private investment (or both) in nonhousing infrastructure, amenities, or services, and
(iv)
demonstrates the need for community revitalization.”.
(C)

Effective date
The amendments made by this paragraph shall apply to allocations of housing credit dollar amounts made under qualified allocation plans (as defined in section 42(m)(1)(B) of the Internal Revenue Code of 1986) adopted after December 31, 2023.
(6)

Prohibition of local approval and contribution requirements
(A)

In general
Paragraph (1) of section 42(m) of the Internal Revenue Code of 1986, as amended by paragraph (5) of this subsection, is further amended—
(i)
by striking clause (ii) of subparagraph (A) and by redesignating clauses (iii) and (iv) thereof as clauses (ii) and (iii), and
(ii)
by adding at the end the following new subparagraph:
“(F)

Local approval or contribution not taken into account
The selection criteria under a qualified allocation plan shall not include consideration of—
(i)
any support or opposition with respect to the project from local or elected officials, or
(ii)
any local government contribution to the project, except to the extent such contribution is taken into account as part of a broader consideration of the project's ability to leverage outside funding sources, and is not prioritized over any other source of outside funding.”.
(B)

Effective date
The amendments made by this paragraph shall apply to allocations of housing credit dollar amounts made under qualified allocation plans (as defined in section 42(m)(1)(B) of the Internal Revenue Code of 1986) adopted after December 31, 2023.
(7)

Increase in credit for certain projects designated to serve extremely low-income households
(A)

In general
Paragraph (5) of section 42(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:
“(C)

Increase in credit for projects designated to serve extremely low-income households
In the case of any building—
(i)
20 percent or more of the residential units (determined as if the imputed income limitation applicable to such units were 30 percent of area median gross income) in which are designated by the taxpayer for occupancy by households the aggregate household income of which does not exceed the greater of—
(I)
30 percent of area median gross income, or
(II)
100 percent of an amount equal to the Federal poverty line (within the meaning of section 36B(d)(3)), and
(ii)
which is designated by the housing credit agency as requiring the increase in credit under this subparagraph in order for such building to be financially feasible as part of a qualified low-income housing project,
subparagraph (B) shall not apply to the portion of such building which is comprised of such units (determined in a manner similar to the unit fraction under subsection (c)(1)(C)), and the eligible basis of such portion of the building shall be 150 percent of such basis determined without regard to this subparagraph.”.
(B)

Effective date
The amendment made by this paragraph shall apply to buildings which receive allocations of housing credit dollar amount after the date of enactment of this Act, or in the case of buildings that are described in section 42(h)(4)(B) of the Internal Revenue Code of 1986, for obligations that are part of an issue the issue date of which is after December 31, 2023.
(8)

Increase in credit for bond-financed projects designated by State agency
(A)

In general
Clause (v) of section 42(d)(5)(B) of the Internal Revenue Code of 1986 is amended by striking the second sentence.
(B)

Technical amendment
Clause (v) of section 42(d)(5)(B) of the Internal Revenue Code of 1986, as amended by subparagraph (A), is further amended—
(i)
by striking “State” in the heading, and
(ii)
by striking “State housing credit agency” and inserting “housing credit agency”.
(C)

Effective date
The amendments made by this paragraph shall apply to buildings that are described in section 42(h)(4)(B) of the Internal Revenue Code of 1986, taking into account only obligations that are part of an issue the issue date of which is after December 31, 2023.
(9)

Elimination of basis reduction for low-income housing properties energy efficient commercial building deduction
(A)

Energy efficient commercial buildings deduction
Subsection (e) of section 179D of the Internal Revenue Code of 1986 is amended—
(i)
by striking “reduction.—For purposes” and inserting “reduction.—
“(1)

In general
For purposes”, and
(ii)
by adding at the end the following new paragraph:
“(2)

Exception for affordable housing properties
Paragraph (1) shall not apply for purposes of determining eligible basis under section 42.”.
(B)

Effective date
The amendments made by this paragraph shall apply to buildings which receive allocations of housing credit dollar amount after the date of the enactment of this Act and to buildings that are described in section 42(h)(4)(B) of the Internal Revenue Code of 1986 taking into account only obligations that are part of an issue the issue date of which is after December 31, 2023.
(10)

Restriction of planned foreclosures
(A)

In general
Subclause (I) of section 42(h)(6)(E)(i) of the Internal Revenue Code of 1986 is amended to read as follows:
“(I)
on the 61st day after the taxpayer (or a successor in interest) provides notice to the Secretary and the housing credit agency that the building has been acquired by foreclosure (or instrument in lieu of foreclosure) and that the taxpayer intends the termination of such period, unless, before such date, the Secretary or the housing credit agency determines that such acquisition is part of an arrangement with the taxpayer a purpose of which is to terminate such period, or”.
(B)

Conforming amendment
The second sentence of clause (i) of section 42(h)(6)(E) of the Internal Revenue Code of 1986 is amended by striking “Subclause (II)” and inserting “Subclauses (I) and (II)”.
(C)

Effective date
The amendments made by this paragraph shall apply to acquisitions by foreclosure (or instrument in lieu of foreclosure) after December 31, 2022.
(11)

Increase of population cap for difficult development areas
(A)

In general
Subclause (II) of section 42(d)(5)(B)(iii) of the Internal Revenue Code of 1986 is amended by striking “20 percent” and inserting “30 percent”.
(B)

Effective date
The amendment made by this paragraph shall apply to designations made under section 42(d)(5)(B)(iii) of the Internal Revenue Code of 1986 after December 31, 2023.
(12)

Increased cost oversight and accountability
(A)

In general
Subparagraph (C) of section 42(m)(1) of the Internal Revenue Code of 1986 is amended by striking “and” at the end of clause (ix), by striking the period at the end of clause (x) and inserting “, and”, and by adding at the end the following new clause:
“(xi)
the reasonableness of the development costs of the project.”.
(B)

Effective date
The amendments made by this paragraph shall apply to allocations of credits under section 42 of the Internal Revenue Code of 1986 made after December 31, 2023.
(13)

Tax-exempt bond financing requirement
(A)

In general
Subparagraph (B) of section 42(h)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: “In the case of buildings financed by an obligation first taken into account under section 146 in calendar years beginning after the date of the enactment of this sentence, the preceding sentence shall be applied by substituting “25 percent” for “50 percent”.”.
(B)

Effective date
The amendment made by this paragraph shall apply to any building some portion of which, or of the land on which the building is located, is financed by an obligation which is described in section 42(h)(4)(A) of the Internal Revenue Code of 1986 and which is part of an issue the issue date of which is after December 31, 2023.
(d)

Reforms relating to Native American assistance
(1)

Selection criteria under qualified allocation plans
(A)

In general
Subparagraph (C) of section 42(m)(1) of the Internal Revenue Code of 1986, as amended by subsection (c)(2), is further amended by striking “and” at the end of clause (x), by striking the period at the end of clause (xi) and inserting “, and”, and by adding at the end the following new clause:
“(xii)
the affordable housing needs of individuals in the State who are—
(I)
enrolled members of a tribe with respect to an Indian tribal government (including any agencies or instrumentalities of an Indian tribal government and any Alaska Native regional or village corporation, as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), or
(II)
described in section 801(9) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221(9)).”.
(B)

Effective date
The amendments made by this paragraph shall apply to allocations of credits under section 42 of the Internal Revenue Code of 1986 made after December 31, 2023.
(2)

Inclusion of Indian areas as difficult development areas for purposes of certain buildings
(A)

In general
Subclause (I) of section 42(d)(5)(B)(iii) of the Internal Revenue Code of 1986 is amended by inserting before the period the following: “, and any Indian area”.
(B)

Indian area
Clause (iii) of section 42(d)(5)(B) of the Internal Revenue Code of 1986 is amended by redesignating subclause (II) as subclause (III) and by inserting after subclause (I) the following new subclause:
“(II)

Indian area
For purposes of subclause (I), the term Indian area means any Indian area (as defined in section 4(11) of the Native American Housing Assistance and Self Determination Act of 1996 (25 U.S.C. 4103(11))) and any housing area (as defined in section 801(5) of such Act (25 U.S.C. 4221(5))).”.
(C)

Eligible buildings
Clause (iii) of section 42(d)(5)(B) of the Internal Revenue Code of 1986, as amended by subparagraph (B), is further amended by adding at the end the following new subclause:
“(IV)

Special rule for buildings in Indian areas
In the case of an area which is a difficult development area solely because it is an Indian area, a building shall not be treated as located in such area unless such building is assisted or financed under the Native American Housing Assistance and Self Determination Act of 1996 (25 U.S.C. 4101 et seq.) or the project sponsor is an Indian tribe (as defined in section 45A(c)(6)), a tribally designated housing entity (as defined in section 4(22) of such Act (25 U.S.C. 4103(22))), or wholly owned or controlled by such an Indian tribe or tribally designated housing entity.”.
(D)

Effective date
The amendments made by this paragraph shall apply to buildings placed in service after December 31, 2023.
(e)

Reforms relating to rural assistance
(1)

Inclusion of rural areas as difficult development areas
(A)

In general
Subclause (I) of section 42(d)(5)(B)(iii) of the Internal Revenue Code of 1986, as amended by subsection (d)(2), is further amended by inserting “, any rural area” after “median gross income”.
(B)

Rural area
Clause (iii) of section 42(d)(5)(B) of the Internal Revenue Code of 1986, as amended by subsection (d)(2), is further amended by redesignating subclause (III) as subclause (IV) and by inserting after subclause (II) the following new subclause:
“(III)

Rural area
For purposes of subclause (I), the term rural area means any non-metropolitan area, or any rural area as defined by section 520 of the Housing Act of 1949, which is identified by the qualified allocation plan under subsection (m)(1)(B).”.
(C)

Effective date
The amendments made by this paragraph shall apply to buildings placed in service after December 31, 2023.
(2)

Uniform income eligibility for rural projects
(A)

In general
Paragraph (8) of section 42(i) of the Internal Revenue Code of 1986 is amended by striking the second sentence.
(B)

Effective date
The amendment made by this paragraph shall apply to taxable years beginning after December 31, 2022.
(f)

Treatment of exempt facility bonds refunding issues
(1)

In general
Subparagraph (A) of section 146(i)(6) of the Internal Revenue Code of 1986 is amended to read as follows:
“(A)

In general
During the 12-month period beginning on the date of a repayment of a loan financed by an issue 95 percent or more of the net proceeds of which are used to provide projects described in section 142(d), if such repayment is used to provide a new loan for any project described in section 142(a)(7) or for any purpose described in subsection (a)(2)(A) or (b) of section 143, any bond which is issued to refinance such issue shall be treated as a refunding issue. Any issue treated as a refunding issue by reason of the preceding sentence shall be so treated only to the extent the principal amount of such refunding issue does not exceed the principal amount of the bonds refunded.”.
(2)

Removal of one-Refunding limit
Subparagraph (B) of section 146(i)(6) of the Internal Revenue Code of 1986 is amended—
(A)
by striking “4 years” in clause (i) and inserting “10 years”,
(B)
by striking “was issued” in clause (ii) and inserting “is issued”,
(C)
by redesignating clauses (i) (as so amended), (ii) (as so amended), and (iii) as subclauses (I), (II), and (III), respectively, and by moving such subclauses 2 ems to the right,
(D)
by striking “Limitations.—Subparagraph (A) shall apply to only one refunding of the original issue and” and inserting “Limitations.—
“(i)

In general
Subparagraph (A) shall apply to a bond”, and
(E)
by adding at the end the following new clause:
“(ii)

Source of loan repayment
Subparagraph (A) shall not apply to any repayment of a loan which is—
(I)
made by a repayment of another loan, or
(II)
financed by an issue treated as a refunding issue under subparagraph (A).”.
(3)

Conforming amendment
The heading of paragraph (6) of section 146(i) of the Internal Revenue Code of 1986 is amended by striking “residential rental project bonds as refunding bonds irrespective of obligor” and inserting “bonds as refunding bonds”.
(4)

Effective dates
(A)

In general
The amendments made by paragraphs (1) and (3) shall apply to refunding issues described in section 146(i)(6)(A) of the Internal Revenue Code of 1986 issued on or after the date of the enactment of this Act.
(B)

Removal of one-refunding limit
The amendments made by paragraph (2) shall apply to repayments of loans received after July 30, 2008.
(g)

Affordable housing tax credit
(1)

In general
The heading of section 42 of the Internal Revenue Code of 1986 is amended by striking “Low-income” and inserting “Affordable”.
(2)

Conforming amendments
(A)
Subsection (a) of section 42 of the Internal Revenue Code of 1986 is amended by striking “low-income” and inserting “affordable”.
(B)
Paragraph (5) of section 38(b) of such Code is amended by striking “low-income” and inserting “affordable”.
(C)
The heading of subparagraph (D) of section 469(i)(3) of such Code is amended by striking “low-income” and inserting “affordable”.
(D)
The heading of subparagraph (B) of section 469(i)(6) of such Code is amended by striking “low-income” and inserting “affordable”.
(E)
Paragraph (7) of section 772(a) of such Code is amended by striking “low-income” and inserting “affordable”.
(F)
Paragraph (5) of section 772(d) of such Code is amended by striking “low-income” and inserting “affordable”.
(3)

Clerical amendment
The item relating to section 42 in the table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended to read as follows:
“Sec. 42. Affordable housing credit.”.
(h)

Sense of Congress regarding data and transparency
It is the sense of Congress that in addition to expanding and strengthening the affordable housing credit through the provisions in this section, subsequent steps should also be taken to share data and identify other ways to increase the transparency of the program, and the House of Representatives and the Senate should work together with Federal agencies to identify data sources that can be shared.
107.

Decreasing the equity penalty and incentivizing more long-term owners to sell homes
(a)

Increase of exclusion of gain from sale of principal residence
Section 121(b) of the Internal Revenue Code of 1986 is amended—
(1)
by striking “$250,000” and inserting “$500,000” each place it appears,
(2)
by striking “500,000” and inserting “$1,000,000” each place it appears,
(3)
in paragraph (2)(A), in the heading, by striking “$500,000” and inserting “$1,000,000”, and
(4)
by adding at the end the following new paragraph:
“(5)

Adjustment for inflation
In the case of a taxable year beginning after 2023, the $500,000 and $1,000,000 amounts in paragraphs (1), (2), and (4) shall be increased by an amount equal to—
(A)
such dollar amount, multiplied by
(B)
the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “2022” for “2016” in subparagraph (A)(ii) thereof.
If any increase under this clause is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100.”.
(b)

Effective date
The amendments made by this section shall apply to sales and exchanges after the date of the enactment of this Act.
II

Increasing access to housing and addressing cost
201.

Expanding workforce and volunteer housing
(a)

Congressional findings
The Congress finds that—
(1)
the lack of affordable housing in the United States is an issue impacting millions of middle-class, working American families;
(2)
many of these families earn more annually than the income limits for certain Federal housing financing and benefits; and
(3)
these families are often excluded from living in neighborhoods near their places of work, schools, shopping, and healthcare due to a lack of affordability.
(b)

Report to Congress
Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report that—
(1)
identifies issues with housing affordability for America’s middle-income homeowners and renters, including identifying geographically where housing is the most unaffordable for these populations;
(2)
identifies Federal housing programs, including Federal tax credits, grants, credit programs, and other programs that currently benefit lower-income households, which are not available to middle-income households;
(3)
identifies any gaps in the inclusion of middle-income households in Federal housing programs designed to promote affordability;
(4)
sets forth recommendations for a definition of “workforce housing” based on income parameters in order to assist Federal agencies in including middle-income households under existing Federal programs; and
(5)
analyzes how such a definition could relate to incentives for workforce housing development through Federal programs, policies, and other initiatives.
202.

Supporting affordability and safety for public servants
Section 3(a) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)) is amended—
(1)
in paragraph (1), by striking “Except as provided in paragraph (2)” and inserting “Except as provided in paragraphs (2) and (4)”; and
(2)
in paragraph (4)—
(A)
in the heading, by striking “Occupancy by police officers” and inserting, “Occupancy by police officers, firefighters, and emergency medical technicians”;
(B)
by redesignating subparagraph (C) as subparagraph (D);
(C)
by inserting after subparagraph (B) the following:
“(C)

Rental payments
Notwithstanding paragraph (1), a family of which one or more members are a police officer, firefighter, or emergency medical technician shall pay as rent for a dwelling unit assisted under this Act the highest of the following amounts, rounded to the nearest dollar:
(i)
15 per centum of the family's monthly adjusted income; or
(ii)
5 per centum of the family's monthly income”; and
(D)
by amending subparagraph (D), as so redesignated, to read as follows:
“(D)

Definitions
In this paragraph:
(i)

Police officer
The term “police officer” means any person determined by a public housing agency to be, during the period of residence of that person in public housing, employed on a full-time basis as a duly licensed professional police officer by a Federal, State, or local government or by any agency thereof (including a public housing agency having an accredited police force).
(ii)

Firefighter
The term “firefighter” means any person determined by a public housing agency to be, during the period of residence of that person in public housing, employed on a full-time basis as a firefighter by a fire department or emergency medical services responder unit of the Federal Government, a State, unit of general local government, or an Indian tribal government.
(iii)

Emergency medical technician
The term “emergency medical technician” means any person determined by a public housing agency to be, during the period of residence of that person in public housing, employed on a full-time basis as an emergency medical technician by a fire department or emergency medical services responder unit of the Federal Government, a State, unit of general local government, or an Indian tribal government.”.
203.

Expanding programs supporting homeownership for those serving the community
(a)

Eligibility for Good Neighbors Next Door Sales Program
Members of the Armed Forces, firefighters, and law enforcement officers shall be eligible to purchase eligible properties under the Good Neighbor Next Door Sales Program of the Secretary of Housing and Urban Development, as provided under subsection (b).
(b)

Eligible properties
Notwithstanding section 204 of the National Housing Act (12 U.S.C. 1710), part 291 of the regulations of the Secretary of Housing and Urban Development (24 C.F.R. part 291), or any other provision of law, regulation, guideline, order, or notice, in carrying out the Good Neighbor Next Door Sales Program for single-unit properties acquired by the Secretary, properties shall be made available for purchase under the Program by members of the Armed Forces, by firefighters, and by law enforcement officers without regard to whether or not they are located in a revitalization area.
(c)

Regulations
The Secretary of Housing and Urban Development shall amend the regulations of the Secretary as necessary to carry out subsections (a) and (b).
204.

Improving volunteer first responder housing
(a)

Definitions
In this section:
(1)

Bona fide volunteer; eligible employer; qualified services
The terms bona fide volunteer, eligible employer, and qualified services have the meanings given those terms in section 457(e) of the Internal Revenue Code of 1986.
(2)

Indian Tribe
The term Indian Tribe has the meaning given the term Indian tribe in section 501(b) of the Housing Act of 1949 (42 U.S.C. 1471(b)).
(3)

Qualified volunteer first responder
The term qualified volunteer first responder means any individual who—
(A)
is a bona fide volunteer performing qualified services for an eligible employer;
(B)
continuously served as a volunteer for the eligible employer during the 2-year period preceding the date on which the individual submits a verification letter under section 3(b) or 4(b);
(C)
during each of the 2 years described in subparagraph (B)—
(i)
met the minimum requirements for active membership established by the eligible employer; or
(ii)
if the eligible employer did not establish minimum requirements, volunteered for not less than 200 hours; and
(D)
is certified as a firefighter or other first responder in the State, political subdivision of a State, or jurisdiction of an Indian Tribe in which the individual is serving as volunteer.
(b)

Department of Agriculture Single Family Housing Guaranteed Loan Program
(1)

In general
A qualified volunteer first responder who submits to the Secretary of Agriculture (referred to in this subsection as the “Secretary”) a verification letter in accordance with paragraph (2) shall be eligible for a deduction in annual income under section 3555.152(c) of title 7, Code of Federal Regulations (or any successor regulation), in the amount of $18,000.
(2)

Verification letter
To be eligible for a deduction under paragraph (1), a qualified volunteer first responder shall submit to the Secretary a verification letter from the head of the eligible employer for which the qualified volunteer first responder volunteers, which shall—
(A)
include the date on which the qualified volunteer first responder joined the eligible employer as a volunteer;
(B)
attest to the Secretary that the qualified volunteer first responder meets the requirements under subparagraphs (B) and (C) of subsection (a)(3); and
(C)
include a copy of the certification described in subsection (a)(3)(D).
(c)

Good Neighbor Next Door Sales Program and similar programs
(1)

Eligibility
A qualified volunteer first responder who submits to the Secretary of Housing and Urban Development (referred to in this section as the “Secretary”) a verification letter in accordance with paragraph (2) shall qualify as a firefighter or emergency medical technician for purposes of any single family property disposition program carried out by the Secretary by regulation under section 204(g) of the National Housing Act (12 U.S.C. 1710(g)) that offers discounted home prices to firefighters or emergency medical technicians.
(2)

Verification letter
To qualify to purchase a home under a single family property disposition program referred to in paragraph (1), a qualified first responder shall submit to the Secretary a verification letter from the head of the eligible employer for which the qualified volunteer first responder volunteers, which shall—
(A)
include the date on which the qualified volunteer first responder joined the eligible employer as a volunteer;
(B)
attest to the Secretary that the qualified volunteer first responder meets the requirements under subparagraphs (B) and (C) of subsection (a)(3);
(C)
include a copy of the certification described in subsection (a)(3)(D); and
(D)
include a certification from the qualified volunteer first responder of the responder’s good faith intention to continue serving as a volunteer for the eligible employer for not less than 1 year following the date of closing.
205.

Improving access to housing for veterans
(a)

Service connected disability compensation
Section 102(a)(20) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(20)) is amended by adding at the end the following:
“(C)

Service-connected disability compensation
When determining whether a person is of a person of low and moderate income, a person of low income, or a person of moderate income under this paragraph, a State, unit of general local government, or Indian tribe shall exclude any service-connected disability compensation received by such person from the Department of Veterans Affairs.” .
(b)

Report
The Comptroller General of the United States shall, not later than 1 year after the date of the enactment of this Act, submit to the Congress a report that—
(1)
examines how service-connected disability compensation is treated for the purposes of determining eligibility for all programs administered by the Secretary of Housing and Urban Development and identifies any cases where service-connected disability compensation is treated inconsistently across a program; and
(2)
with respect to each program administered by the Secretary of Housing and Urban Development, provides legislative recommendations relating to how such program could better serve veteran populations, and under-served communities.
206.

Supporting veteran families in need
Section 2044(e) of title 38, United States Code, is amended—
(1)
by redesignating subparagraphs (A) through (H) as paragraphs (1) through (8), respectively; and
(2)
by adding at the end the following new paragraph:
“(9)
The amounts that are appropriated to carry out such subsections for fiscal year 2025 and each fiscal year thereafter.”.
207.

Attracting private investment to build and rehabilitate owner-occupied homes
(a)

In general
Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 42 the following new section:
“42A.

Neighborhood homes credit
(a)

Allowance of credit
For purposes of section 38, the neighborhood homes credit determined under this section for the taxable year is, with respect to each qualified residence sold by the taxpayer during such taxable year in an affordable sale, the lesser of—
(1)
an amount equal to—
(A)
the excess (if any) of—
(i)
the reasonable development costs paid or incurred by the taxpayer with respect to such qualified residence, over
(ii)
the sale price of such qualified residence (reduced by any reasonable expenses paid or incurred by the taxpayer in connection with such sale), or
(B)
if the neighborhood homes credit agency determines it is necessary to ensure financial feasibility, an amount not to exceed 120 percent of the amount under subparagraph (A),
(2)
35 percent of the eligible development costs paid or incurred by the taxpayer with respect to such qualified residence, or
(3)
28 percent of the national median sale price for new homes (as determined pursuant to the most recent census data available as of the date on which the neighborhood homes credit agency makes an allocation for the qualified project).
(b)

Development costs
For purposes of this section—
(1)

Reasonable development costs
(A)

In general
The term reasonable development costs means amounts paid or incurred for the acquisition of buildings and land, construction, substantial rehabilitation, demolition of structures, or environmental remediation, to the extent that the neighborhood homes credit agency determines that such amounts meet the standards specified pursuant to subsection (f)(1)(C) (as of the date on which construction or substantial rehabilitation is substantially complete, as determined by such agency) and are necessary to ensure the financial feasibility of such qualified residence.
(B)

Considerations in making determination
In making the determination under subparagraph (A), the neighborhood homes credit agency shall consider—
(i)
the sources and uses of funds and the total financing,
(ii)
any proceeds or receipts generated or expected to be generated by reason of tax benefits, and
(iii)
the reasonableness of the developmental costs and fees.
(2)

Eligible development costs
The term “eligible development costs” means the amount which would be reasonable development costs if the amounts taken into account as paid or incurred for the acquisition of buildings and land did not exceed 75 percent of such costs determined without regard to any amount paid or incurred for the acquisition of buildings and land.
(3)

Substantial rehabilitation
The term substantial rehabilitation means amounts paid or incurred for rehabilitation of a qualified residence if such amounts exceed the greater of—
(A)
$20,000, or
(B)
20 percent of the amounts paid or incurred by the taxpayer for the acquisition of buildings and land with respect to such qualified residence.
(4)

Construction and rehabilitation only after allocation taken into account
(A)

In general
The terms “reasonable development costs” and “eligible development costs” shall not include any amount paid or incurred before the date on which an allocation is made to the taxpayer under subsection (e) with respect to the qualified project of which the qualified residence is part unless such amount is paid or incurred for the acquisition of buildings or land.
(B)

Land and building acquisition costs
Amounts paid or incurred for the acquisition of buildings or land shall be included under paragraph (A) only if paid or incurred not more than 3 years before the date on which the allocation referred to in subparagraph (A) is made. If the taxpayer acquired any building or land from an entity (or any related party to such entity) that holds an ownership interest in the taxpayer, then such entity must also have acquired such property within such 3-year period, and the acquisition cost included under subparagraph (A) with respect to the taxpayer shall not exceed the amount such entity paid or incurred to acquire such property.
(c)

Qualified residence
For purposes of this section—
(1)

In general
The term qualified residence means a residence that—
(A)
is real property affixed on a permanent foundation,
(B)
is—
(i)
a house which is comprised of 4 or fewer residential units,
(ii)
a condominium unit, or
(iii)
a house or an apartment owned by a cooperative housing corporation (as defined in section 216(b)),
(C)
is part of a qualified project with respect to which the neighborhood homes credit agency has made an allocation under subsection (e), and
(D)
is located in a qualified census tract (determined as of the date of such allocation).
(2)

Qualified census tract
(A)

In general
The term qualified census tract means a census tract—
(i)
which—
(I)
has a median family income which does not exceed 80 percent of the median family income for the applicable area,
(II)
has a poverty rate that is not less than 130 percent of the poverty rate of the applicable area, and
(III)
has a median value for owner-occupied homes that does not exceed the median value for owner-occupied homes in the applicable area,
(ii)
which—
(I)
is located in a city which has a population of not less than 50,000 and such city has a poverty rate that is not less than 150 percent of the poverty rate of the applicable area,
(II)
has a median family income which does not exceed the median family income for the applicable area, and
(III)
has a median value for owner-occupied homes that does not exceed 80 percent of the median value for owner-occupied homes in the applicable area,
(iii)
which—
(I)
is located in a nonmetropolitan county,
(II)
has a median family income which does not exceed the median family income for the applicable area, and
(III)
has been designated by a neighborhood homes credit agency under this clause, or
(iv)
which is not otherwise a qualified census tract and is located in a disaster area (as defined in section 7508A(d)(3)), but only with respect to credits allocated in any period during which the President of the United States has determined that such area warrants individual or individual and public assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
(B)

Applicable area
The term applicable area means—
(i)
in the case of a metropolitan census tract, the metropolitan area in which such census tract is located, and
(ii)
in the case of a census tract other than a census tract described in clause (i), the State.
(d)

Affordable sale
For purposes of this section—
(1)

In general
The term affordable sale means a sale to a qualified homeowner of a qualified residence that the neighborhood homes credit agency certifies as meeting the standards promulgated under subsection (f)(1)(D) for a price that does not exceed—
(A)
in the case of any qualified residence not described in subparagraph (B), (C), or (D), the amount equal to the product of 4 multiplied by the median family income for the applicable area (as determined pursuant to the most recent census data available as of the date of the contract for such sale),
(B)
in the case of a house comprised of 2 residential units, 125 percent of the amount described in subparagraph (A),
(C)
in the case of a house comprised of 3 residential units, 150 percent of the amount described in subparagraph (A), or
(D)
in the case of a house comprised of 4 residential units, 175 percent of the amount described in subparagraph (A).
(2)

Qualified homeowner
The term qualified homeowner means, with respect to a qualified residence, an individual—
(A)
who owns and uses such qualified residence as the principal residence of such individual, and
(B)
whose family income (determined as of the date that a binding contract for the affordable sale of such residence is entered into) is 140 percent or less of the median family income for the applicable area in which the qualified residence is located.
(e)

Credit ceiling and allocations
(1)

Credit limited based on allocations to qualified projects
(A)

In general
The credit allowed under subsection (a) to any taxpayer for any taxable year with respect to one or more qualified residences which are part of the same qualified project shall not exceed the excess (if any) of—
(i)
the amount allocated by the neighborhood homes credit agency under this paragraph to such taxpayer with respect to such qualified project, over
(ii)
the aggregate amount of credit allowed under subsection (a) to such taxpayer with respect to qualified residences which are a part of such qualified project for all prior taxable years.
(B)

Deadline for completion
No credit shall be allowed under subsection (a) with respect to any qualified residence unless the affordable sale of such residence is during the 5-year period beginning on the date of the allocation to the qualified project of which such residence is a part (or, in the case of a qualified residence to which subsection (i) applies, the rehabilitation of such residence is completed during such 5-year period).
(2)

Limitations on allocations to qualified projects
(A)

Allocations limited by State neighborhood homes credit ceiling
The aggregate amount allocated to taxpayers with respect to qualified projects by the neighborhood homes credit agency of any State for any calendar year shall not exceed the State neighborhood homes credit amount of such State for such calendar year.
(B)

Set-aside for certain projects involving qualified nonprofit organizations
Rules similar to the rules of section 42(h)(5) shall apply for purposes of this section.
(3)

Determination of State neighborhood homes credit ceiling
(A)

In general
The State neighborhood homes credit amount for a State for a calendar year is an amount equal to the sum of—
(i)
the greater of—
(I)
the product of $7, multiplied by the State population (determined in accordance with section 146(j)), or
(II)
$9,000,000, and
(ii)
any amount previously allocated to any taxpayer with respect to any qualified project by the neighborhood homes credit agency of such State which can no longer be allocated to any qualified residence because the 5-year period described in paragraph (1)(B) expires during calendar year.
(B)

3-year carryforward of unused limitation
The State neighborhood homes credit amount for a State for a calendar year shall be increased by the excess (if any) of the State neighborhood homes credit amount for such State for the preceding calendar year over the aggregate amount allocated by the neighborhood homes credit agency of such State during such preceding calendar year. Any amount carried forward under the preceding sentence shall not be carried past the third calendar year after the calendar year in which such credit amount originally arose, determined on a first-in, first-out basis.
(f)

Responsibilities of neighborhood homes credit agencies
(1)

In general
Notwithstanding subsection (e), the State neighborhood homes credit dollar amount shall be zero for a calendar year unless the neighborhood homes credit agency of the State—
(A)
allocates such amount pursuant to a qualified allocation plan of the neighborhood homes credit agency,
(B)
allocates not more than 20 percent of amounts allocated in the previous year (or for allocations made in 2023, not more than 20 percent of the neighborhood homes credit ceiling for such year) to projects with respect to qualified residences which—
(i)
are located in census tracts described in subsection (c)(2)(A)(iii), (c)(2)(A)(iv), (i)(5), or
(ii)
are not located in a qualified census tract but meet the requirements of subsection (i)(8),
(C)
promulgates standards with respect to reasonable qualified development costs and fees,
(D)
promulgates standards with respect to construction quality,
(E)
in the case of any neighborhood homes credit agency which makes an allocation to a qualified project which includes any qualified residence to which subsection (i) applies, promulgates standards with respect to protecting the owners of such residences, including the capacity of such owners to pay rehabilitation costs not covered by the credit provided by this section and providing for the disclosure to such owners of their rights and responsibilities with respect to the rehabilitation of such residences,
(F)
submits to the Secretary (at such time and in such manner as the Secretary may prescribe) an annual report specifying—
(i)
the amount of the neighborhood homes credits allocated to each qualified project for the previous year,
(ii)
with respect to each qualified residence completed in the preceding calendar year—
(I)
the census tract in which such qualified residence is located,
(II)
with respect to the qualified project that includes such qualified residence, the year in which such project received an allocation under this section,
(III)
whether such qualified residence was new, substantially rehabilitated and sold to a qualified homeowner, or substantially rehabilitated pursuant to subsection (i),
(IV)
the eligible development costs of such qualified residence,
(V)
the amount of the neighborhood homes credit with respect to such qualified residence,
(VI)
the sales price of such qualified residence, if applicable, and
(VII)
the family income of the qualified homeowner (expressed as a percentage of the applicable area median family income for the location of the qualified residence), and
(iii)
such other information as the Secretary may require, and
(G)
makes available to the general public a written explanation for any allocation of a neighborhood homes credit dollar amount which is not made in accordance with established priorities and selection criteria of the neighborhood homes credit agency.
Subparagraph (B) shall be applied by substituting “40 percent” for “20 percent” each place it appears in the case of any State in which at least 45 percent of the State population resides outside metropolitan statistical areas (within the meaning of section 143(k)(2)(B)) and less than 20 percent of the census tracts located in the State are described in subsection (c)(2)(A)(i).
(2)

Qualified allocation plan
For purposes of this subsection, the term qualified allocation plan means any plan which—
(A)
sets forth the selection criteria to be used to prioritize qualified projects for allocations of State neighborhood homes credit dollar amounts, including—
(i)
the need for new or substantially rehabilitated owner-occupied homes in the area addressed by the project,
(ii)
the expected contribution of the project to neighborhood stability and revitalization, including the impact on neighborhood residents,
(iii)
the capability and prior performance of the project sponsor, and
(iv)
the likelihood the project will result in long-term homeownership,
(B)
has been made available for public comment, and
(C)
provides a procedure that the neighborhood homes credit agency (or any agent or contractor of such agency) shall follow for purposes of—
(i)
identifying noncompliance with any provisions of this section, and
(ii)
notifying the Internal Revenue Service of any such noncompliance of which the agency becomes aware.
(g)

Repayment
(1)

In general
(A)

Sold during 5-year period
If a qualified residence is sold during the 5-year period beginning immediately after the affordable sale of such qualified residence referred to in subsection (a), the seller shall transfer an amount equal to the repayment amount to the relevant neighborhood homes credit agency.
(B)

Use of repayments
A neighborhood homes credit agency shall use any amount received pursuant to subparagraph (A) only for purposes of qualified projects.
(2)

Repayment amount
For purposes of paragraph (1)(A)—
(A)

In general
The repayment amount is an amount equal to the applicable percentage of the gain from the sale to which the repayment relates.
(B)

Applicable percentage
For purposes of subparagraph (A), the applicable percentage is 50 percent, reduced by 10 percentage points for each year of the 5-year period referred to in paragraph (1)(A) which ends before the date of such sale.
(3)

Lien for repayment amount
A neighborhood homes credit agency receiving an allocation under this section shall place a lien on each qualified residence that is built or rehabilitated as part of a qualified project for an amount such agency deems necessary to ensure potential repayment pursuant to paragraph (1)(A).
(4)

Waiver
(A)

In general
The neighborhood homes credit agency may waive the repayment required under paragraph (1)(A) if the agency determines that making a repayment would constitute a hardship to the seller.
(B)

Hardship
For purposes of subparagraph (A), with respect to the seller, a hardship may include—
(i)
divorce,
(ii)
disability,
(iii)
illness, or
(iv)
any other hardship identified by the neighborhood homes credit agency for purposes of this paragraph.
(h)

Other definitions and special rules
For purposes of this section—
(1)

Neighborhood homes credit agency
The term neighborhood homes credit agency means the agency designated by the governor of a State as the neighborhood homes credit agency of the State.
(2)

Qualified project
The term qualified project means a project that a neighborhood homes credit agency certifies will build or substantially rehabilitate one or more qualified residences.
(3)

Determinations of family income
Rules similar to the rules of section 143(f)(2) shall apply for purposes of this section.
(4)

Possessions treated as states
The term State includes the District of Columbia and the possessions of the United States.
(5)

Special rules related to condominiums and cooperative housing corporations
(A)

Determination of development costs
In the case of a qualified residence described in clause (ii) or (iii) of subsection (c)(1)(A), the reasonable development costs and eligible development costs of such qualified residence shall be an amount equal to such costs, respectively, of the entire condominium or cooperative housing property in which such qualified residence is located, multiplied by a fraction—
(i)
the numerator of which is the total floor space of such qualified residence, and
(ii)
the denominator of which is the total floor space of all residences within such property.
(B)

Tenant-stockholders of cooperative housing corporations treated as owners
In the case of a cooperative housing corporation (as such term is defined in section 216(b)), a tenant-stockholder shall be treated as owning the house or apartment which such person is entitled to occupy.
(6)

Related party sales not treated as affordable sales
(A)

In general
A sale between related persons shall not be treated as an affordable sale.
(B)

Related persons
For purposes of this paragraph, a person (in this subparagraph referred to as the “related person”) is related to any person if the related person bears a relationship to such person specified in section 267(b) or 707(b)(1), or the related person and such person are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52). For purposes of the preceding sentence, in applying section 267(b) or 707(b)(1), “10 percent” shall be substituted for “50 percent”.
(7)

Inflation adjustment
(A)

In general
In the case of a calendar year after 2023, the dollar amounts in subsections (b)(3)(A), (e)(3)(A)(i)(I), (e)(3)(A)(i)(II), and (i)(2)(C) shall each be increased by an amount equal to—
(i)
such dollar amount, multiplied by
(ii)
the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting “calendar year 2022” for “calendar year 2016” in subparagraph (A)(ii) thereof.
(B)

Rounding
(i)
In the case of the dollar amounts in subsections (b)(3)(A) and (i)(2)(C), any increase under paragraph (1) which is not a multiple of $1,000 shall be rounded to the nearest multiple of $1,000.
(ii)
In the case of the dollar amount in subsection (e)(3)(A)(i)(I), any increase under paragraph (1) which is not a multiple of $0.01 shall be rounded to the nearest multiple of $0.01.
(iii)
In the case of the dollar amount in subsection (e)(3)(A)(i)(II), any increase under paragraph (1) which is not a multiple of $100,000 shall be rounded to the nearest multiple of $100,000.
(8)

Report
(A)

In general
The Secretary shall annually issue a report, to be made available to the public, which contains the information submitted pursuant to subsection (f)(1)(F).
(B)

De-identification
The Secretary shall ensure that any information made public pursuant to subparagraph (A) excludes any information that would allow for the identification of qualified homeowners.
(9)

List of qualified census tracts
The Secretary of Housing and Urban Development shall, for each year, make publicly available a list of qualified census tracts under—
(A)
on a combined basis, clauses (i) and (ii) of subsection (c)(2)(A),
(B)
clause (iii) of such subsection, and
(C)
subsection (i)(5)(A).
(10)

Denial of deductions if converted to rental housing
If, during the 5-year period beginning immediately after the affordable sale of a qualified residence referred to in subsection (a), an individual who owns a qualified residence (whether or not such individual was the purchaser in such affordable sale) fails to use such qualified residence as such individual’s principal residence for any period of time, no deduction shall be allowed for expenses paid or incurred by such individual with respect to renting, during such period of time, such qualified residence.
(i)

Application of credit with respect to owner-Occupied rehabilitations
(1)

In general
In the case of a qualified rehabilitation by the taxpayer of any qualified residence which is owned (as of the date that the written binding contract referred to in paragraph (3) is entered into) by a specified homeowner, the rules of paragraphs (2) through (7) shall apply.
(2)

Alternative credit determination
In the case of any qualified residence described in paragraph (1), the neighborhood homes credit determined under subsection (a) with respect to such residence shall (in lieu of any credit otherwise determined under subsection (a) with respect to such residence) be allowed in the taxable year during which the qualified rehabilitation is completed (as determined by the neighborhood homes credit agency) and shall be equal to the least of—
(A)
the excess (if any) of—
(i)
the amounts paid or incurred by the taxpayer for the qualified rehabilitation of the qualified residence to the extent that such amounts are certified by the neighborhood homes credit agency (at the time of the completion of such rehabilitation) as meeting the standards specified pursuant to subsection (f)(1)(C), over
(ii)
any amounts paid to such taxpayer for such rehabilitation,
(B)
50 percent of the amounts described in subparagraph (A)(i), or
(C)
$50,000.
(3)

Qualified rehabilitation
(A)

In general
For purposes of this subsection, the term “qualified rehabilitation” means a rehabilitation or reconstruction performed pursuant to a written binding contract between the taxpayer and the specified homeowner if the amount paid or incurred by the taxpayer in the performance of such rehabilitation or reconstruction exceeds the dollar amount in effect under subsection (b)(3)(A).
(B)

Application of limitation to expenses paid or incurred after allocation
A rule similar to the rule of section (b)(4) shall apply for purposes of this subsection.
(4)

Specified homeowner
For purposes of this subsection, the term qualified homeowner means, with respect to a qualified residence, an individual—
(A)
who owns and uses such qualified residence as the principal residence of such individual as of the date that the written binding contract referred to in paragraph (3) is entered into, and
(B)
whose family income (determined as of such date) does not exceed the median family income for the applicable area (with respect to the census tract in which the qualified residence is located).
(5)

Additional census tracts in which owner-occupied residences may be located
In the case of any qualified residence described in paragraph (1), the term “qualified census tract” includes any census tract which—
(A)
meets the requirements of subsection (c)(2)(A)(i) without regard to subclause (III) thereof, and
(B)
is designated by the neighborhood homes credit agency for purposes of this paragraph.
(6)

Modification of repayment requirement
In the case of any qualified residence described in paragraph (1), subsection (g) shall be applied by beginning the 5-year period otherwise described therein on the date on which the qualified homeowner acquired such residence.
(7)

Related parties
Paragraph (1) shall not apply if the taxpayer is the owner of the qualified residence described in paragraph (1) or is related (within the meaning of subsection (h)(6)(B)) to such owner.
(8)

Pyrrhotite remediation
The requirement of subsection (c)(1)(C) shall not apply to a qualified rehabilitation under this subsection of a qualified residence that is documented by an engineer’s report and core testing to have a foundation that is adversely impacted by pyrrhotite or other iron sulfide minerals.
(j)

Regulations
The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations that prevent avoidance of the rules, and abuse of the purposes, of this section.”.
(b)

Credit allowed as part of general business credit
Section 38(b) of the Internal Revenue Code of 1986 is amended by striking “plus” at the end of paragraph (37), by striking the period at the end of paragraph (38) and inserting “, plus”, and by adding at the end the following new paragraph:
“(39)
the neighborhood homes credit determined under section 42A(a).”.
(c)

Credit allowed against alternative minimum tax
Section 38(c)(4)(B) of the Internal Revenue Code of 1986 is amended by redesignating clauses (iv) through (xii) as clauses (v) through (xiii), respectively, and by inserting after clause (iii) the following new clause:
“(iv)
the credit determined under section 42A,”.
(d)

Basis adjustments
(1)

Energy efficient home improvement credit
Section 25C(g) of the Internal Revenue Code of 1986 is amended by adding after the first sentence the following new sentence: “This subsection shall not apply for purposes of determining the eligible development costs or adjusted basis of any building under section 42A.”.
(2)

Residential clean energy credit
Section 25D(f) of such Code is amended by adding after the first sentence the following new sentence: “This subsection shall not apply for purposes of determining the eligible development costs or adjusted basis of any building under section 42A.”.
(3)

New energy efficient home credit
Section 45L(e) of such Code is amended by inserting “or for purposes of determining the eligible development costs or adjusted basis of any building under section 42A” after “section 42”.
(e)

Exclusion from gross income
Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section:
“139J.

State energy subsidies for qualified residences
(a)

Exclusion from gross income
Gross income shall not include the value of any subsidy provided to a taxpayer (whether directly or indirectly) by any State energy office (as defined in section 124(a) of the Energy Policy Act of 2005 (42 U.S.C. 15821(a))) for purposes of any energy improvements made to a qualified residence (as defined in section 42A(c)(1)).”.
(f)

Conforming amendments
(1)
Subsections (i)(3)(C), (i)(6)(B)(i), and (k)(1) of section 469 of the Internal Revenue Code of 1986 are each amended by inserting “or 42A” after “section 42” .
(2)
The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 42 the following new item:
“Sec. 42A. Neighborhood homes credit.”.
(3)
The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting before the item relating to section 140 the following new item:
“Sec. 139J. State energy subsidies for qualified residences.”.
(g)

Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2023.
208.

Better utilizing and disposing of unused military and government lands for housing
(a)

In general
A State or unit of local government may submit a petition to a Federal agency requesting to use unused property owned by such Federal agency for the construction of affordable housing.
(b)

Submission to PBRB
Any Federal agency that receives a petition under subsection (a) shall submit a copy of such petition to the Public Buildings Reform Board.
(c)

Determination
A Federal agency that receives a petition under subsection (a) shall, not less that 60 days after receiving such petition determine whether the property is excess.
(d)

Justification required
If a Federal agency determines under subsection (c) that a property is not excess such Federal agency shall submit to the Office of Management and Budget a statement that justifies why such property is not excess.
(e)

Donation by GSA
If a Federal agency determines a property to be excess under subsection (b), the General Services Administration may donate such property to the State or unit of local government that submitted the petition under subsection (a).
209.

Energy conservation standards for manufactured housing
The Secretary of Energy may not, by rule or otherwise, establish energy conservation standards for manufactured housing.
210.

Rental assistance demonstration program
The matter under the heading “Rental Assistance Demonstration” in the Department of Housing and Urban Development Appropriations Act, 2012 (Public Law 112–55), is amended—
(1)
by striking the second proviso; and
(2)
by striking the fourth proviso.
211.

Creating incentives for small dollar loan originators
(a)

Small dollar mortgage defined
In this section, the term small dollar mortgage means a mortgage loan that—
(1)
has an original principal obligation of not more than $70,000;
(2)
is secured by real property designed for the occupancy of 1 to 4 families; and
(3)
is—
(A)
insured by the Federal Housing Administration under title II of the National Housing Act (12 U.S.C. 1707 et seq.);
(B)
made, guaranteed, or insured by the Department of Veterans Affairs;
(C)
made, guaranteed, or insured by the Department of Agriculture; or
(D)
eligible to be purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.
(b)

Requirement To update regulations
Not later than 270 days after the date of enactment of this Act, the Director of the Bureau of Consumer Financial Protection shall issue regulations to update part 1026 of title 12, Code of Federal Regulations (commonly referred to as “Regulation Z”) to allow for salaried originators of residential mortgage loans that only originate small dollar mortgages.
212.

Small dollar mortgage points and fees
(a)

Definition
In this section, the term small dollar mortgage means a mortgage with an original principal obligation of less than $70,000.
(b)

Amendments required
Not later than 180 days after the date of enactment of this Act, the Director of the Bureau of Consumer Financial Protection, in consultation with the Secretary of Housing and Urban Development and the Director of the Federal Housing Finance Agency, shall amend the limitations with respect to points and fees under section 1026.32 of title 12, Code of Federal Regulations, or any successor regulation, to encourage additional lending for small dollar mortgages.
213.

Removing Outdated Regulation for Manufactured Housing
(a)

In general
Section 603(6) of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402(6)) is amended by striking “built on a permanent chassis and”.
(b)

Implementation
Not later than 90 days after the date of the enactment of this Act, the consensus committee established under section 604(a)(3) of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5403(a)(3)) shall meet to develop and recommend to the Secretary of Housing and Urban Development such revisions to the Federal manufactured home construction and safety standards, and related regulations, as are necessary to implement the amendment made by subsection (a) of this section. Such revised standards shall be considered by the Secretary for adoption pursuant to the process set forth in section 604 of such Act.
214.

Relieving Burdens on Affordability
(a)

In general
Section 164(b)(6) of the Internal Revenue Code of 1986 is amended by adding at the end the following: “In the case of a joint return for a taxable year beginning after December 31, 2022, and before January 1, 2024, if the taxpayer’s adjusted gross income for such taxable year is less than $500,000, subparagraph (B) shall be applied by substituting “$20,000” for “$10,000”.”.
(b)

Effective date
The amendment made by this section shall apply to taxable years beginning after December 31, 2022.
215.

Protecting Home Affordability from Energy Mandates
Congress disapproves the rule submitted by the Department of Housing and Urban Development and the Department of Agriculture relating to “Final Determination: Adoption of Energy Efficiency Standards for New Construction of HUD- and USDA-Financed Housing” (89 Fed. Reg. 33112 (April 26, 2024)), and such rule shall have no force or effect.
III

Serving the most vulnerable; health and safety
301.

GAO study to determine proximity of housing to Superfund sites
(a)

Study
The Comptroller General of the United States shall carry out a study to identify how many residential dwelling units, and how many dwelling units in public housing (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(B))), are located within one mile of a site that is included on the National Priorities List pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605).
(b)

Report
Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, the Comptroller General shall submit a report to the Congress identifying, for each site referred to in subsection (a), how many residential dwelling units, and how many dwelling units in public housing, are located within one mile of such site.
302.

Ensuring public housing agencies inspect each dwelling unit each year
The Secretary of Housing and Urban Development and the Comptroller General of the United States shall, not later than 1 year after the date of the enactment of this section, conduct a study and submit a report to the Congress that identifies:
(1)
how many inspections required to be conducted by the Secretary of Housing and Urban Development in the 1-year period are incomplete; and
(2)
how many inspectors are needed to ensure that all inspections required to be conducted by the Secretary of Housing and Urban Development can be completed each year.
303.

Incentivizing local solutions to homelessness
(a)

Continuum of care program
Section 428 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 1186b) is amended by adding at the end the following:
“(f)

Incentives for reducing homelesness
(1)

In general
From the amounts made available to carry out this subtitle for a fiscal year, the Secretary may use not more than 10 percent of the amounts made available to carry out this subtitle for incentives described in paragraph (2).
(2)

Incentives
The Secretary may provide bonuses or other incentives to a geographic area under this subtitle if, during a fiscal year, the Secretary determines that an entity receiving funds under this subtitle has demonstrably and measurably improved housing outcomes for homeless individuals in the geographic area.”.
(b)

Emergency solutions grants program
Section 413 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11372a) is amended by adding at the end the following:
“(c)

Incentives for reducing homelesness
(1)

In general
From the amounts made available to carry out this subtitle for a fiscal year, the Secretary may use not more than 10 percent of the amounts made available to carry out this subtitle for incentives described in paragraph (2).
(2)

Incentives
The Secretary may provide bonuses or other incentives to a geographic area under this subtitle if, during a fiscal year, the Secretary determines that an entity receiving funds under this subtitle has demonstrably and measurably improved housing outcomes for homeless individuals in the geographic area.”.
304.

Improving mold and health standards
(a)

Definitions
In this section:
(1)

Indoor residential mold
The term indoor residential mold means any form of multicellular fungi in indoor environments, including cladosporium, penicillium, alternaria, aspergillus, fusarium, trichoderma, memnoniella, mucor, stachybotrys chartarum, streptomyces, and epicoccumoften found in water-damaged indoor environments and building materials.
(2)

Residential mold inspection
The term residential mold inspection means an inspection, by a certified or licensed mold inspector or other indoor environmental professional, including through the Real Estate Assessment Center, of real property that is designed to discover—
(A)
indoor mold growth in residential properties;
(B)
conditions that facilitate indoor residential mold growth; or
(C)
indicia of conditions that are likely to facilitate indoor residential mold growth.
(3)

Toxigenic mold
The term toxigenic mold means any indoor mold growth that may be capable of producing a toxin or toxic compound, including mycotoxins and mVOCs, that can cause pulmonary, respiratory, neurological, gastrointestinal, or dermatological illnesses, or other major adverse health impacts, as jointly determined by the Director of the National Institutes of Health, the Secretary of Housing and Urban Development, the Administrator of the Environmental Protection Agency, and the Director of the Centers for Disease Control and Prevention.
(b)

Interagency research on health impacts of indoor residential mold
(1)

Research
(A)

In general
As soon as practicable after the date of enactment of this Act, the Director of the National Institute of Environmental Health Sciences at the National Institutes of Health, in conjunction with the Secretary of Housing and Urban Development, the Director of the Centers for Disease Control and Prevention, the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Health and Human Services, the President of the National Academy of Sciences, and the Chair of the board of directors of the National Institute of Building Sciences shall jointly conduct a comprehensive study of the health effects of indoor residential mold growth, using the most up-to-date scientific peer-reviewed medical literature.
(B)

Contents
The study conducted under subparagraph (A) shall ascertain, among other things—
(i)
detailed information about harmful or toxigenic mold, as well as any toxin or toxic compound such mold can produce;
(ii)
the most accurate research-based methods of detecting harmful or toxigenic mold;
(iii)
potential dangers of prolonged or chronic exposure to indoor residential mold growth;
(iv)
the hazards involved with inadequate residential mold inspections and improper indoor residential mold remediation;
(v)
the estimated current public health burden of new or exacerbated physical illness resulting from exposure to indoor residential mold, including its disproportionate impact on vulnerable communities, including children and seniors;
(vi)
improved understanding of the different health symptomology that can result from exposure to mold in indoor residential environments;
(vii)
ongoing surveillance of the prevalence of idiopathic pulmonary hemorrhage (AIPH) in infants; and
(viii)
longitudinal studies on the effects of indoor old exposure in early childhood on the development of asthma and other respiratory illnesses.
(C)

Availability
Not later than the expiration of the 3-year period beginning on the date of the enactment of this Act, the results of the study conducted under subparagraph (A) shall be submitted to Congress and the President and made available to the general public.
(c)

Mapping
(1)

In general
Not later than one year after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall, using the previous two years of inspection data, establish a geographic information system mapping tool that identifies areas which are impacted by a known presence of indoor residential mold.
(2)

Required inclusions
The Secretary shall include, as part of the mapping tool—
(A)
inspection documentation;
(B)
management and occupancy reviews;
(C)
transfers of budget authority for contracts under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f); and
(D)
any additional information, as required by the Secretary.
(3)

Updates
The Secretary shall update the mapping tool with the latest inspection data not less often than once per year.
(d)

Public information and education campaign
(1)

Requirement
The Administrator of the Environmental Protection Agency, the Secretary of Housing and Urban Development, and the heads of any other relevant Federal agencies, as determined by such Administrator and Secretary, shall jointly develop and carry out a public information and education campaign regarding indoor air quality and related issues that provides information required under this section on a recurring and annual basis through public outreach. The campaign shall commence within 1 year after the date of the enactment of this Act.
(2)

Topics
The information and education campaign shall include information on the dangers and prevention of indoor residential moisture and mold, volatile organic compounds, dust, smoking, pollution, indoor origins of smoke, including cooking, and any other health risks, as determined by such Administrator and Secretary.
(3)

Indoor residential mold information
The information and education campaign shall include, at minimum, the following information regarding indoor residential mold:
(A)
The conditions that facilitate indoor residential moisture and mold growth.
(B)
Guidelines for inspecting indoor residential mold growth.
(C)
Guidelines for remediating indoor residential mold growth.
(D)
The dangers and health risks of exposure to indoor residential mold growth.
(E)
The importance of ventilation and methods to prevent moisture accumulation in indoor residential environments.
(F)
Any other information as determined appropriate by the heads of the agencies referred to in paragraph (1).
(4)

Modes of communication
(A)

In general
The public information and education campaign shall provide education and information through modes of communication that are commonly utilized and able to be easily consumed by relevant individuals or organizations, which shall include communication through advertisements on public transit in all 50 States and in territories and possessions of the United States, and distribution of the pamphlet developed pursuant to paragraph (9) as required under such paragraph.
(B)

Availability
All education and information that is part of the information and education campaign shall be made publicly available on the websites of the Environmental Protection Agency, the Department of Housing and Urban Development, and any other applicable Federal agencies.
(5)

Targeted groups
The public information and education campaign shall be designed to reach tenants, tenant organizations working directly with tenants in project-based rental assistance and other types of federally-assisted housing, resident groups, landlords, health professionals, the general public, homeowners, prospective homeowners, the real estate industry, the home construction and renovation industries, the health, property and casualty, and life insurance industries, technical and vocational schools and colleges, and other academic institutions.
(6)

Information Specific to Health Professions
The public information and education campaign shall include information about warning signs of mold and other indoor air exposure pollutants and shall include education for health professions on mold-related illness, including for health professions who work with vulnerable populations and children in school or daycare settings.
(7)

Coordination
In developing and carrying out the public information and education campaign, the heads of the agencies referred to in paragraph (1) may coordinate with the Ad Council.
(8)

Language
All information provided under the public information and education campaign—
(A)
shall be provided in at least two languages, as determined by the Secretary, based on the most common languages spoken in the neighborhood, tribe, municipality, State, or region, and may be provided in additional languages based on the most common languages spoken in the neighborhood, tribe, municipality, State, or region, as determined by the Secretary; and
(B)
shall be provided in language that is at a sixth grade reading level and is easy to understand.
(9)

Pamphlet
(A)

Requirement
The Secretary of Housing and Urban Development, in consultation with the Director of the National Institutes of Health, the Administrator of the Environmental Protection Agency, and the heads of any other agencies the Secretary considers appropriate, shall develop, publish, and revise, not less frequently than every 5 years, a pamphlet regarding indoor residential mold hazards.
(B)

Content
The pamphlet required under this subsection shall—
(i)
contain information regarding the health risks associated with exposure to indoor residential mold growth;
(ii)
provide information on the hazards of indoor residential mold growth in federally-assisted and federally-owned housing;
(iii)
describe the risks of indoor residential mold exposure for persons residing in a dwelling with toxigenic mold;
(iv)
provide information on approved methods for evaluating and reducing indoor residential mold growth and their effectiveness in identifying, reducing, eliminating, or preventing indoor residential mold growth;
(v)
provide advice on how to obtain a list of persons certified to inspect or remediate indoor residential mold growth in the area in which the pamphlet is to be used;
(vi)
include a statement that a risk assessment or inspection for indoor residential mold growth is recommended prior to the purchase, lease, or renovation of target housing;
(vii)
include a statement that certain State and local laws impose additional requirements related to indoor residential mold growth in housing and provide a listing of Federal, State, and local agencies in each State, including address, telephone number, and electronic mail address, if available, that can provide information about applicable laws and available governmental and private assistance and financing;
(viii)
provide information considered by the Administrator of the Environmental Protection Agency to be appropriate or necessary to promote awareness of the hazards posed by indoor residential mold;
(ix)
include information on indoor air quality safety generally, including best practices when cooking, taking a shower or bath, and smoking cessation;
(x)
be publicly available on the websites of the Department of Housing and Urban Development, the Environmental Protection Agency, and other applicable Federal agencies; and
(xi)
include any other information considered by the Administrator of the Environmental Protection Agency to be appropriate or necessary.
(10)

Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to carry out this subsection.
(e)

GAO study on health and safety concerns in federally-Assisted housing
Not later than the expiration of the 3-year period beginning on the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the Congress analyzing and assessing the communication, as applicable, between public housing agencies, landlords, and tenants over resolving problems with the health, safety, or other issues of dwelling units that are federally subsidized and inspected through subpart G of part 5 of title 24, Code of Federal Regulations, landlord responsiveness regarding such issues, opportunities for improvement in such communications, and how tenants understand their rights and how they are responded to when issues arise, including protocols for responding to tenant complaints and tenant understanding of such processes. The report shall include recommendations for how to improve such communications and the physical quality of the housing stock for which such assistance is provided.
305.

Improving Protection from Lead Hazards
(a)

Definitions
In this section—
(1)
the term covered housing means a dwelling unit receiving project-based rental assistance or tenant-based rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f); and
(2)
the term Department means the Department of Housing and Urban Development.
(b)

Annual risk assessment and report
Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Deputy Assistant Secretary for the Office of Multifamily Housing Programs of the Department, in collaboration with the Office of Lead Hazard Control and Healthy Homes of the Department, shall—
(1)
conduct a risk assessment of covered housing to identify properties with the greatest risk of exposing children under the age of 6 years old to lead hazards, including lead-based paint and lead service lines;
(2)
develop an action plan relating to remediation, control, and safeguards to address lead hazards, including lead-based paint and lead-service lines, in covered housing identified in the risk assessment conducted under paragraph (1), with priority given to those properties with children under the age of 6 years old; and
(3)
submit to Congress a report on properties with covered housing that have lead-based paint or lead service lines, including the number of children under the age of 6 years old living at these properties.
(c)

Uniform physical condition standard inspections
In conducting uniform physical condition inspections in accordance with part 5 of title 24, Code of Federal Regulations, or any successor regulation, the Secretary shall include lead-based paint and lead service lines in the graded scoring as an exigent health and safety deficiency to ensure that—
(1)
lead-based paint and lead service lines are tracked at each applicable property; and
(2)
the owners of those properties are held accountable for remediating deficiencies.
306.

Improving housing for the elderly and disabled
The Comptroller General of the United States shall, not later than 1 year after the date of the enactment of this section, conduct a study that identifies options to remove barriers and improve housing for persons who are elderly or disabled, including any potential impacts of providing capital advances for—
(1)
the program for supportive housing for the elderly under section 202 of the Housing Act of 1959; and
(2)
the program for supportive housing for persons with disabilities under section 811 of the Cranston-Gonzalez National Affordable Housing Act.
IV

Good Governance
401.

Requiring annual testimony and oversight from housing regulators
(a)

Testimony by Secretary
Section 7 of the Department of Housing and Urban Development Act (42 U.S.C. 3535) is amended by adding at the end the following new subsection:
“(u)

Annual testimony
The Secretary shall appear before the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate at an annual hearing and present testimony regarding the operations of the Department during the preceding year, including regarding the following topics:
(1)
The physical condition of all public housing and other housing assisted by the Department.
(2)
The financial health of the mortgage insurance funds of the FHA.
(3)
Oversight by the Department of grantees and sub-grantees engaging in waste, fraud, and abuse.
(4)
Ongoing activities of the Department, as appropriate.”.
(b)

Testimony by Inspector General
Not later than October 1 of each year, the Inspector General of the Department of Housing and Urban Development shall appear before the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate and present testimony on the Office of Inspector General’s—
(1)
efforts to detect and prevent fraud, waste, and abuse;
(2)
ability to conduct and supervise audits, investigations, and reviews;
(3)
actions to identify opportunities for the programs of the Department of Housing and Urban Development to progress and succeed; and
(4)
ongoing activities regarding any such additional work, as appropriate.
402.

Requiring annual testimony and oversight for government guaranteed or insured mortgage programs
On an annual basis, the following individuals shall testify before the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on mortgage loans guaranteed or insured by the Federal Government:
(1)
The President of the Government National Mortgage Association.
(2)
The Federal Housing Commissioner.
(3)
The Administrator of the Rural Housing Service.
403.

Testimony and report from United States Interagency Council on Homelessness
Section 203(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11313(a)) is amended—
(1)
in paragraph (1)—
(A)
by striking “Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009” and inserting “Revitalizing America’s Housing Act”; and
(B)
by striking “update such plan annually” and inserting the following:
“submit to the President and Congress a report every year thereafter that includes—
(A)
the status of completion of the plan;
(B)
any modifications that were made to the plan and the reasons for those modifications; and
(C)
an estimate of when homelessness will be ended;”;
(2)
by redesignating paragraphs (10) through (13) as paragraphs (11) through (14), respectively;
(3)
by redesignating the second paragraph (9) (relating to collecting and disseminating information) as paragraph (10);
(4)
in paragraph (13), as so redesignated, by striking “and” at the end;
(5)
in paragraph (14), as so redesignated, by striking the period at the end and inserting “; and”; and
(6)
by adding at the end the following:
“(15)
testify annually before Congress.”.
404.

Report detailing NYCHA compliance with and HUD oversight of 2019 agreement
(a)

Congressional findings
The Congress finds that—
(1)
the New York City Housing Authority (in this section referred to as the “Authority”) is the largest housing authority in the United States, providing housing for over 520,000 residents in over 177,000 apartments in the City of New York (in this section referred to as the “City”);
(2)
the Authority is a public housing agency that receives Federal financial assistance from the Department of Housing and Urban Development (in this section referred to as the “Department”) to administer its public housing program;
(3)
the Authority is required to, among other things, provide decent, safe, and sanitary housing for the public housing residents of the City and comply with Federal law protecting children from the hazards of lead poisoning;
(4)
on June 11, 2018, the United States filed a complaint in the United States District Court for the Southern District of New York (in this section referred to as the “Complaint”); which set forth the findings of the United States investigation, alleging, among other things, that the Authority had—
(A)
routinely failed to comply with lead-based paint safety regulations;
(B)
failed to provide decent, safe, and sanitary housing, including with respect to the provision of heat and elevators and the control and treatment of mold and pests; and
(C)
repeatedly misled the Department through false statements and deceptive practices;
(5)
in a Consent Decree executed June 11, 2018, the Authority made admissions regarding, among other things, deficiencies in physical conditions with respect to lead, mold, heating, elevators and pests and made untrue statements to the Department regarding the conditions of the Authority’s properties and practices with regard to Public Housing Assessment System inspections;
(6)
based on the Authority’s misconduct as detailed in the Complaint, on January 31, 2019, the Secretary of Housing and Urban Development (in this section referred to as the “Secretary”) declared that the Authority is in substantial default within the meaning of section 6(j)(3)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437d(j)(3)(A));
(7)
the Department did not take possession of the Authority or appoint a receiver, but instead entered into a voluntary agreement between the Authority, the Department, and the City on January 31, 2019, under which the Authority agreed to remedy noted deficiencies subject to the oversight of a Monitor appointed by the City;
(8)
as of the date of the enactment of this Act, the Authority has still fully not complied with the agreement, including the remedying of deficiencies or compliance with its obligations under Federal law;
(9)
the Department and the United States Attorney’s Office for the Southern District of New York have sought to extend the term of a Monitor over the Authority for an additional five years beginning in 2024;
(10)
the residents of housing provided by the Authority should not be required to wait five additional years for the Authority to provide decent, safe, and sanitary housing conditions, as is the Authority’s most basic and necessary function under the law; and
(11)
the Congress believes that it must provide additional oversight over the Authority, the Department, the City, and the Monitor in order to compel the Authority to fix the appalling conditions and other issues that lead to a declaration of substantial default under section 6(j)(3)(A) of the United States Housing Act of 1937.
(b)

Investigation and report to Congress
(1)

Investigation
The Inspector General of the Department of Housing and Urban Development shall conduct an investigation of the Authority, which shall include at a minimum—
(A)
determining the status of the New York City Housing Authority’s compliance with the agreement entered into between the Authority, the Department, and the City on January 31, 2019, including specific areas of deficiency and progress towards compliance;
(B)
conducting a review of actions taken by the Monitor over the Authority pursuant to such Agreement, including any gaps in oversight by the Monitor;
(C)
conducting a survey of the physical conditions of housing provided by the Authority for the City’s residents;
(D)
conducting an examination of any waste, fraud, abuse and violations of Federal law committed by employees or contractors of the Authority; and
(E)
identifying other priority issues and areas, as deemed necessary and appropriate by the Inspector General.
(2)

Report
Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Inspector General shall provide to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report setting forth the findings of its investigation, a summary of actions the Department may take to compel the Authority to remedy deficiencies, and any other recommendations of the Inspector General.
405.

FHA reporting requirements on safety and soundness
(a)

Monthly reporting on Mutual Mortgage Insurance Fund capital ratio
Section 202(a) of the National Housing Act (12 U.S.C. 1708(a)) is amended by adding at the end the following:
“(8)

Other required reporting
The Secretary shall—
(A)
submit to Congress monthly reports on the capital ratio required under section 205(f)(2); and
(B)
notify Congress as soon as practicable after the Fund falls below the capital ratio required under section 205(f)(2).”.
(b)

First-Time homebuyers
(1)

Definitions
In this section—
(A)
the terms consumer report has the meaning given the term in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a); and
(B)
the term Federally backed mortgage loan has the meaning given the term in section 4022 of the CARES Act (15 U.S.C. 9056).
(2)

Definition of first-time homebuyer
For purposes of qualifying for a Federally backed mortgage loan for which a consumer report is furnished to a creditor by a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)), a first-time homebuyer shall be defined as a borrower whose consumer report does not indicate that the borrower has or had a loan with a consumer purpose that is secured by a 1- to 4-unit residential real property.
(c)

GAO study on sustainable homeownership
Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to Congress a report on—
(1)
the value for the Federal Housing Administration of defining what is sustainable homeownership in way that considers borrower default, refinancing to a non-insured mortgage product, paying off a mortgage loan and transitioning back to renting, and other factors that demonstrate whether insurance provided under title II of the National Housing Act (12 U.S.C. 1707 et seq.) has successfully served a borrower, including for first-time homebuyers as defined in subsection (b)(2); and
(2)
the feasibility of the Federal Housing Administration developing a scorecard using the metrics described in paragraph (1) to measure borrower performance and reporting the scorecard data to Congress.
406.

Combatting squatting
(a)

Congressional findings
The Congress finds that—
(1)
unlawfully entering a property without the permission of the property owner and residing in that property for consecutive days without the permission of the property owner and without the payment of rent or a rental contract agreed to by the property owner can be defined as “squatting” and should not confer any special status as a tenant or lawful occupant of the property;
(2)
local law enforcement should take actions to expeditiously remove from a property any persons or persons engaging in squatting and should prosecute such actions as prescribed by local law;
(3)
Federal Government benefits, including loans, loan guarantees, subsidies, and tax credits, should not be used to reinforce, condone, or otherwise incentivize squatting; and
(4)
real estate collateral securing a government or government-sponsored enterprise loan, or subject to a loan guarantee, mortgage insurance or other Federal mortgage support program must be protected from persons engaging in squatting as it creates undue risks for the value of such property.
(b)

Prohibition on CDBG funding
Section 104 of the Housing and Community Development Act of 1974 (42 U.S.C. 5304) is amended by adding at the end the following:
“(n)

Withholding of funds for jurisdictions that permit squatting
(1)

Prohibition
The Secretary shall, by regulation—
(A)
prohibit the allocation and provision of funds under this title for any unit of general local government that permits squatting or confers special status for rights of tenancy for a person or persons engaging in the practice of squatting; and
(B)
provide for—
(i)
units of general local government to take corrective actions to remedy the applicability of the prohibition under subparagraph (A) to such unit of general local government; and
(ii)
certification by the Secretary upon a determination that such actions taken by a unit of general local government are sufficient for the unit of general local government to receive funds under this title.
(2)

Public notice
The Secretary shall make publicly available for each fiscal year a list of all units of general local government that are prohibited by paragraph (1) from receiving funds under this title and the justification for inclusion in the list of each such unit of general local government.
(3)

Squatting
For purposes of this subsection, the term “squatting” means the practice of entering a property without the permission of the property owner and residing in that property for 14 or more consecutive days without the permission of the property owner and without the payment of rent or a rental contract agreed to by the property owner.”.
(c)

Prohibition on Federal mortgage support
(1)

Prohibition
No Federal support may be provided for any loan that is secured by a first or subordinate lien on residential real property (including individual units of condominiums and cooperatives) and designed principally for the occupancy of from 1- to 4-families if the property securing such loan is located in a unit of general local government that is, at such time, prohibited from receiving funds under title I of the Housing and Community Development Act of 1974 by section 104(n)(1)(A) of such Act.
(2)

Regulations
The heads of the covered agencies shall jointly develop, by regulations issued not later than 90 days after the date of the enactment of this Act, guidelines for such covered agencies to carry out this subsection.
(3)

Definitions
For purposes of this subsection, the following definitions shall apply:
(A)

Covered agency
The term “covered agency” means—
(i)
the Department of Housing and Urban Development;
(ii)
the Federal Housing Finance Agency;
(iii)
the Department of Veterans Affairs; and
(iv)
the Department of Agriculture.
(B)

Federal support
The term “Federal support” means, with respect to a loan—
(i)
insurance of the loan by the Federal Housing Administration under title II of the National Housing Act (12 U.S.C. 1707 et seq.);
(ii)
insurance of the loan under section 255 of the National Housing Act (12 U.S.C. 1715z–20);
(iii)
guarantee of the loan under section 184 or 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a, 1715z–13b);
(iv)
guarantee or insurance of the loan by the Department of Veterans Affairs;
(v)
guarantee or insurance of the loan by the Department of Agriculture;
(vi)
making of the loan by the Department of Agriculture; or
(vii)
purchase or securitization of the loan by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.
(C)

Squatting
The term “squatting” means the practice of entering a property without the permission of the property owner and residing in that property for 14 or more consecutive days without the permission of the property owner and without the payment of rent or a rental contract agreed to by the property owner.
407.

Reallocation of voucher funding
Section 8(o) of the United States Housing Act of 1937 is amended by adding at the end the following:
“(24)

Reallocation of amounts
The Secretary shall, at the end of each fiscal year—
(A)
recapture from each public housing agency any amounts provided to such public housing agency for tenant-based assistance under paragraph (1)(A) that such public housing agency did not obligate during such fiscal year; and
(B)
provide amounts recaptured under subparagrah (A) to public housing agencies that used all of the amounts provided to them for tenant-based assistance under paragraph (1)(A).”.
V

Regulatory flexibility
501.

Authorization of Moving to Work Program
(a)

Program reforms
Section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note) is amended—
(1)
in the section heading, by striking “demonstration” and inserting “program”;
(2)
by striking subsection (a) and inserting the following:
“(a)

Purposes
The purposes of the program under this section are as follows:
(1)

Economic independence
To develop measures to promote economic independence for families with children whose head of household is working, seeking work, or preparing for work, for able-bodied individuals, and for persons with disabilities who are able to work on a limited basis, to obtain employment and become economically independent, by participating in job training, educational programs, or other supportive services and programs that assist in meeting such goal.
(2)

Flexibility and cost-effectiveness
To give public housing agencies and the Secretary of Housing and Urban Development the flexibility to design and implement various approaches for providing and administering housing assistance that reduce cost and achieve greater cost effectiveness in Federal expenditures.
(3)

Housing choice
To increase housing choices for low-income families.”;
(3)
in subsection (b)—
(A)
by striking “(b) Program authority.—The Secretary” and inserting the following:
“(b)

Program authority
(1)

In general
The Secretary”;
(B)
in the first sentence, by striking “conduct a demonstration program” and all that follows through “Indian housing program and” and inserting “carry out a program under this section under which public housing agencies administering the public housing program or”;
(C)
by inserting after the first sentence the following: “There shall be no limitation on the number of public housing agencies that may participate in the program under this section.”;
(D)
by striking “The Secretary shall” and all that follows through “demonstration.” and inserting the following:
“(2)

Identification of replicable models
The Secretary shall provide training and technical assistance under the program and conduct detailed evaluations of various agencies to identify replicable program models promoting the purposes of the program.”;
(E)
by striking “Under the demonstration” and inserting the following:
“(3)

Combination of assistance
Under the program under this section”; and
(F)
by striking “operating assistance provided under section 9 of the United States Housing Act of 1937, modernization assistance provided under section 14” and inserting “amounts provided to the agency from the Operating Fund under section 9(e) of the United States Housing Act of 1937, amounts provided to the agency from the Capital Fund under section 9(d)”;
(4)
in subsection (c)—
(A)
in the matter preceding paragraph (1), by striking “demonstration” and inserting “program under this section”;
(B)
in paragraph (1), by striking “9, and 14” and inserting “9(d), and 9(e)”;
(C)
in paragraph (3)—
(i)
in subparagraph (A), by striking “demonstration”;
(ii)
in subparagraph (B)—
(I)
by striking “self-sufficiency” and inserting “economic independence”; and
(II)
by striking “purpose of this demonstration” and inserting “purpose of the program under subsection (a)(1)”;
(iii)
in subparagraph (D), by striking “demonstration” and inserting “program under this section;”;
(iv)
in subparagraph (E), by striking “demonstration program” and inserting “program under this section”;
(v)
by redesignating subparagraphs (A), (B), (C), (D), and (E) as subparagraphs (B), (C), (D), (G), and (H), respectively;
(vi)
by inserting before subparagraph (B), as so redesignated, the following:
“(A)
actions to be taken under the proposed program to achieve the purposes of the program under paragraphs (1), (2), and (3) of subsection (a);”; and
(vii)
by inserting after subparagraph (D), as so redesignated, the following:
“(E)
hardship exceptions consistent with the purposes under subsection (a) under which tenants may be temporarily exempted from compliance with the program operated by the agency in the event of extenuating circumstances preventing such compliance and a process that provides tenants with recourse to a speedy determination regarding such an exception and makes available the contents and results of such a determination available to the public and the board of directors or other governing body on request of the tenant concerned or the director or other head official of the agency;
(F)
providing assisted families and participants in the program operated by the agency with an informal administrative hearing or grievance process, prior to any eviction or termination of assistance, which process shall make the content and determination of the hearing available to the public and the board of directors or other governing body on request of the tenant concerned or the director or other head official of the agency;”; and
(D)
in paragraph (4), by striking “demonstration” and inserting “proposed program”;
(5)
in subsection (d)—
(A)
by striking “(d) Selection.—In selecting among applications, the Secretary shall take into account the” and inserting the following:
“(d)

Applications for participation
(1)

Submission; standards for participation
The Secretary shall provide for public housing agencies to submit applications for participation in the program under this section and shall establish, and make public, standards and requirements for participation that further the purposes of this program set forth in subsection (a), which shall—
(A)
provide that all public housing agencies not designated as troubled pursuant to part 902 or subpart B of part 985, Code of Federal Regulations, at any time during the most recent 2 fiscal years are invited to submit applications for consideration;
(B)
provide that participation of a public housing agency, upon approval, shall be for a period not shorter than 10 years;
(C)
include a common set of budget metrics for use under the program that allow for comparison of the performance of different public housing agencies under the program;
(D)
require that each public housing agency include in its application—
(i)
a list of innovative proposals to be carried out under the program that are designed to reduce the cost of, and increase the cost-efficiency of, housing provided in connection with the program and metrics to assess the progress of the agency toward such goals; and
(ii)
a list of innovative manners in which the public housing agency will use the authorities under the program to assist families, goals regarding such activities to accomplish on an annual basis, and metrics to assess the progress of the agency toward such goals; and
(E)
include a plan for using, to the greatest extent feasible, electronic data-matching for income verification services.
(2)

Determination and notification
(A)

Review and determination
Upon receipt of an application for participation in the program under this section, the Secretary shall provide for review such application by a selection panel comprised of Federal officials and employees and established by the Secretary for such purpose. Based on such review, such selection panel shall make a determination of whether to approve such agency for participation in the program under this section, based on the criteria under paragraph (4).
(B)

Notification
Upon making a determination pursuant to subparagraph (A), the selection panel shall notify the public housing agency, the Secretary, and the governments for any counties and municipalities in which the jurisdiction of the public housing agency is located of such determination. In the case of disapproval of an application, such notice shall include a statement specifying the reasons for such disapproval.
(3)

Transition
(A)

Numerical limitation
(i)

In general
The Secretary shall review and process such applications as to enable the transition of not less than 25 public housing agencies per year to the program under this section (subject to approvable applications), until such time as there are not 25 public housing agencies whose applications merit approval.
(ii)

Reserved spots for small and rural PHAs
Of the applications of public housing agencies approved in each year pursuant to clause (i), not less than 10 shall be applications of public housing agencies that administer, in the aggregate, fewer than 6,000 vouchers for rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) and public housing dwelling units, except that if for any year the Secretary receives fewer than 10 applications by public housing agencies described in this clause that merit approval, the requirement under this clause shall apply for such year only to the extent of the number of such approvable applications received.
(iii)

Treatment of new MTW agencies
Any agency that is newly transitioned under this subparagraph to participation in the program as in effect pursuant to the amendments made by this Act shall count toward fulfillment of the numerical limitation in clause (i), notwithstanding the authority under section 239 of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2016 (division L of Public Law 114–113) or any other provision of law other than this section authorizing participation of new agencies.
(B)

Contract revisions
The Secretary shall, from time to time and in consultation with public housing agencies, amend contracts for participation by agencies in the program under this section as may be necessary, based on experiences of agencies that have participated in the program, to correct mistakes and better achieve the goals of this program set forth in subsection (a).
(C)

Renewal of certification
(i)

In general
The Secretary shall provide that upon expiration of a contract for participation by a public housing agency in the program under this section, to continue participating in the program the agency shall be required to recertify with the Secretary for such renewed participation. The standards and requirements applicable to applications for initial participation in the program shall also apply to applications for renewed participation in the program.
(ii)

Treatment of numerical limitation
An agency approved for continued participation in the program pursuant to recertification under this subparagraph shall not count toward fulfillment of the numerical limitation in subparagraph (A)(i).
(4)

Criteria
The Secretary shall establish criteria for approval of applications of public housing agencies for participation in the program under this section, which shall provide for approval of applications that are reasonably designed to carry out the purposes of the program under subsection (a). Such criteria shall take into consideration the capacity and”;
(B)
by striking “each” and inserting “the”;
(C)
by striking “a program under the demonstration” and inserting “the proposed program in the application”; and
(D)
by striking “an agency” and inserting “the agency”;
(6)
in subsection (e)—
(A)
in paragraph (1), by striking “this demonstration” and inserting “the program under this section”; and
(B)
in paragraph (2), by striking “demonstration” and inserting “program under this section”;
(7)
in subsection (f), by striking “section 9, or pursuant to section 14 by a public housing agency participating in the demonstration under this part” and inserting “of the United States Housing Act of 1937, or provided from the Operating Fund under section 9(e) or from the Capital Fund under section 9(d) of such Act, by a public housing agency participating in the program under this section”;
(8)
in subsection (g)—
(A)
in paragraph (1), by inserting “, including performance in achieving each of the purposes of the program specified in subsection (a)”;
(B)
in paragraph (2)—
(i)
in the first sentence—
(I)
by inserting “, and including such content, as shall be” before “specified by the Secretary”; and
(II)
by inserting “, but not less often than annually” before the period at the end; and
(ii)
by striking subparagraph (C) and inserting the following:
“(C)
describe and analyze the effects of the program of the agency and the assisted activities under such program in addressing and achieving the objectives of the program under this section and each of the purposes specified in subsection (a), including the effects of the program on—
(i)
the number of new families the agency has been able to assist from the waiting lists for housing assistance that is administered by the agency, including vouchers for rental assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) and dwelling units in public housing and in housing assisted with project-based section 8 assistance, as a result of the flexibility of funds and achievement of economic independence;
(ii)
the cost and annual change, per family participating in the program, of providing housing assistance referred to in clause (i) that is administered by the agency;
(iii)
any cost savings and additional housing resulting from the program;
(iv)
the household incomes, and changes in such incomes, of members of families participating in the program who are not exempt from work requirements; and
(v)
such other factors as the Secretary considers appropriate.”;
(C)
by redesignating paragraphs (3) and (4) as paragraphs (5) and (6); and
(D)
by inserting after paragraph (2) the following new paragraphs:
“(3)

Annual budget plan
(A)

Requirement
Each agency shall submit annually to the Secretary, together with the report under paragraph (2), a budget plan for the program of the agency for the upcoming year and shall make such budget plan publicly available.
(B)

Form and metrics
Each annual budget plan shall be set forth in a standard form, prescribed by the Secretary and shall utilize a common budget metric that allows for comparison of the budget plans of all public housing agencies participating in the program.
(C)

Content
Each annual budget plan shall include such content as the Secretary shall specify, which shall include—
(i)
a description and explanation of all new rules and policy changes adopted by the agency in accordance with this section and the program under this section and, with respect to such new rules and policy changes—
(I)
a description of the effect such rules and changes will have on the operation of the agency as compared to the preceding year and as compared to the operations of the agency other than under the program under this section;
(II)
a description of the extent to which such rules and changes helped to achieve the annual goals identified in the public housing agency’s application pursuant to subsection (d)(1)(E) and, in the case of any such goals not achieved, a description of the extent to which such goals were not achieved and the reasons for such failure; and
(III)
whether the adoption of such new rules and policy changes required an adjustment in the annual goals identified in the public housing agency’s application pursuant to subsection (d)(1);
(ii)
a plan for all capital assets and anticipated construction and rehabilitation activities of the public housing agency in the upcoming year and a description of whether and how such activities are authorized and assisted under the program under this section; and
(iii)
assurances satisfactory to the Secretary that such plan will conform with all applicable provisions of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), the Fair Housing Act (42 U.S.C. 3601 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(4)

Public and resident participation
(A)

Notification of residents
Each public housing agency shall annually hold a meeting to notify all assisted families participating in the program of the public housing agency of the contents of the report under paragraph (2) for such year and budget plan under paragraph (3) for such year and impacts on such assisted families. Any public housing agency that assists, in the aggregate, more than 50,000 families or assists families in multiple counties shall hold as many meetings as necessary to provide each assisted family a good-faith opportunity to attend such a meeting.
(B)

Public comment
Each annual report under paragraph (2) and annual plan under paragraph (3) shall—
(i)
be made available for inspection and public comment 30 days before the meeting required by subparagraph (A) regarding such plan or report; and
(ii)
be approved in a public meeting of the board of directors or other governing body of the public housing agency before submission to the Secretary.
(C)

Public availability
Each annual report under paragraph (2) and annual plan under paragraph (3) shall, upon submission to the Secretary, be made publicly available and shall include all comments provided pursuant to subparagraph (B).”;
(9)
in subsection (h)—
(A)
in paragraph (1), by striking “demonstration” and inserting “program under this section”; and
(B)
by striking paragraph (2) and inserting the following:
“(2)

Review
The Secretary shall annually review the activities of each public housing agency participating in the program under this section and, based on such review and the information submitted by the agency pursuant to subsection (g), determine—
(A)
the impact and effectiveness of the public housing agency’s program and activities in achieving each of the purposes of the program specified in subsection (a), including an assessment of such impact and effectiveness using the common set of budget metrics established pursuant to subsection (d)(1)(D);
(B)
the progress of the public housing agency toward meeting the goals identified in the public housing agency’s application pursuant to subsection (d)(1)(E), using the metrics identified in the public housing agency’s application pursuant to such subsection; and
(C)
the extent of compliance by the public housing agency with the requirements of the program under this section and, in determining such extent of compliance, shall take into consideration the unique characteristics of the public housing agency.
(3)

Verification of accuracy
In assessing information submitted by public housing agencies pursuant to subsection (g) and in reviewing such information and making determinations pursuant to paragraph (2) of this subsection, the Secretary shall carry out control activities and procedures designed to verify the accuracy of such information, which shall include auditing a representative sample of such information using standard statistical methods.
(4)

Continued participation
The Secretary shall not terminate the participation of any public housing agency in the program under this section unless the Secretary finds that the agency—
(A)
is in material default of the conditions and obligations under the agreement entered into between the agency and the Secretary providing for such participation;
(B)
as demonstrated in its reports under subsection (g)(2) and its annual budget plans under subsection (g)(3), has persistently failed to meet the goals identified in its application, and the reasons or circumstances specified in the public housing agency’s reports and plans for such failure are not sufficient to justify the continued failure;
(C)
has misused or misappropriated funds;
(D)
has failed to make a good faith effort to carry out the purposes of the program specified in subsection (a); or
(E)
has failed to cure a material deficiency in performance after notice and an opportunity to correct the deficiency.
(5)

Corrective action program
The Secretary shall carry out a program—
(A)
to identify public housing agencies participating in the program under this section that are at risk of termination of such participation pursuant to paragraph (6);
(B)
to consult with such public housing agencies regarding actions that may be taken to avoid such termination;
(C)
to establish goals and timelines for such corrective actions; and
(D)
to provide appropriate technical assistance designed to facilitate such actions and avoid such termination.
(6)

Termination of participation
Any public housing agency whose participation in the program under this section is terminated shall be subject to the provisions of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) and all other provisions of law applicable to public housing agencies not participating in the program, except that the Secretary shall provide a transition period, that begins upon such termination and is not shorter than 18 months, for such public housing agencies to come into compliance with such laws.
(7)

Reports to Congress
Not later than the expiration of the 5-year period beginning on the date of the enactment of this Act, and not later than the expiration of each successive 5-year period thereafter, the Secretary shall submit a report to the Congress regarding the program under this section and the results of the reviews conducted under paragraph (2), which shall—
(A)
evaluate the programs carried out by public housing agencies participating in the program, including with respect to each of the purposes specified in subsection (a); and
(B)
include findings and recommendations for appropriate legislative changes to the program.
(8)

GAO reviews and reports
Not later than 180 days after the date of enactment of this Act, and not less frequently than every 8 years thereafter, the Comptroller General of the United States shall—
(A)
conduct and complete a review of the program under this section, which shall include examination and analysis of the implementation of the program and identification of any shortcomings and any means for improving the program; and
(B)
submit to the Congress a report regarding the review, which shall set forth a detailed description of such implementation, any shortcomings of the program identified, and recommendations for improving the program.”;
(10)
in subsection (i)—
(A)
in the matter preceding paragraph (1), by striking “section 14 of the United States Housing Act of 1937 for fiscal years 1996, 1997, and 1998” and inserting “the Capital Fund under section 9(d) of the United States Housing Act of 1937 in each fiscal year”; and
(B)
in paragraph (1)(B), by striking “up to 10”; and
(11)
by striking subsection (j).
(b)

Treatment of participating agencies
(1)

Continuation of participation
This section and the amendments made by this section shall not affect the status of any public housing agency that, as of the date of the enactment of this Act, is participating in the Moving to Work Program under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note), as such a participating agency.
(2)

Election
Any public housing agency referred to in paragraph (1) may elect—
(A)
to continue participation in the Program under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note) under the terms of the agreement entered into between the agency and the Secretary providing for such participation until the date of the expiration of such agreement; or
(B)
at any time before date of the expiration of such agreement, to transition to participation under the program under such section 204, as amended by this Act.
(3)

Conversion to reformed program
(A)

In general
Except as provided in subparagraph (B) of this paragraph, any public housing agency that elects pursuant to paragraph (2)(A) of this subsection to continue participation in the Program under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note) shall, upon the expiration of the agreement referred to in such paragraph, be considered to have been approved for participation in the Program under such section 204, as amended by this Act, and the Secretary of Housing and Urban Development shall provide for the transition of the agency to participation under the Program under such section as so amended.
(B)

Inapplicability
Subparagraph (A) shall not apply to any public housing agency that is determined by the Secretary to be in material default, upon the expiration of the agreement referred to in paragraph (2)(A), of the conditions and obligations under such agreement.
(4)

Inapplicability of numerical limitation
Any public housing agency transitioned pursuant to paragraph (2)(B) or (3)(A) of this subsection to participation under the program under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note), as amended by this section, shall not count toward fulfillment of the numerical limitation under section 204(d)(3)(A) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note), as added by the amendment made by this section.
502.

Rescission of Public and Indian Housing Notice 2021–18
The Public and Indian Housing Notice 2021–18 of the Department of Housing and Urban Development is hereby rescinded.
VI

Improving financial literacy regarding housing
601.

Reforms to housing counseling and financial literacy programs
(a)

In general
Section 106(a)(4) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(a)(4)) is amended—
(1)
in subparagraph (B)—
(A)
by striking “The Secretary” and inserting the following:
“(i)

In general
The Secretary”; and
(B)
by adding at the end the following:
“(ii)

Requirement
The Secretary shall require each organization receiving assistance under this paragraph to employ individuals providing housing counseling who—
(I)
are certified to understand sustainable homeownership; and
(II)
pass required examinations that determine the ability of the individual to counsel borrowers on responsible homeownership.
(iii)

Suspension of certification
If an individual employed by an organization that receives assistance under this paragraph provides counseling services to borrowers who, after receiving those services, have default rates that exceed the average default rates for borrowers counseled by individuals in the area served by the organization, the Secretary—
(I)
shall suspend the certification from the individual; and
(II)
may deny future assistance under this paragraph to that organization.
(iv)

Prohibition on lobbying activities
An organization that applies for or receives assistance under this paragraph shall not engage in political activities, advocacy, or lobbying, whether directly or through other parties.”; and
(2)
by adding at the end the following:
“(F)

Set asides
The Secretary shall set aside 40 percent of amounts authorized to carry out this paragraph for organizations that provide rental counseling or pre-foreclosure counseling.
(G)

Geographic diversity
In making grants under this paragraph, the Secretary shall ensure that the recipients are geographically diverse and include organizations that serve urban and rural areas.”.
(b)

Requiring prepurchase and foreclosure mitigation counseling
(1)

Covered mortgage loan defined
In this subsection, the term covered mortgage loan means any loan which is secured by a first or subordinate lien on residential real property (including individual units of condominiums and cooperatives) designed principally for the occupancy of from 1- to 4-families that is—
(A)
insured by the Federal Housing Administration under title II of the National Housing Act (12 U.S.C. 1707 et seq.);
(B)
insured under section 255 of the National Housing Act (12 U.S.C. 1715z–20);
(C)
guaranteed under section 184 or 184A of the Housing and Community Development 3 Act of 1992 (12 U.S.C. 1715z–13a, 1715z–4 13b);
(D)
guaranteed or insured by the Department of Agriculture; or
(E)
made by the Department of Agriculture.
(2)

Requirement for purchasers
Before purchasing residential real property that secures a covered mortgage loan, the purchaser shall participate in prepurchase housing counseling.
(3)

Requirement for borrowers
A borrower with respect to a covered mortgage loan who is 30 days or more delinquent on payments for the covered mortgage loan shall participate in foreclosure mitigation counseling.