[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3715 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3715

 To establish a waiver program to allow for ZIP Code localization area 
          median income calculations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2023

  Mr. Neguse introduced the following bill; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
 To establish a waiver program to allow for ZIP Code localization area 
          median income calculations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Affordability and Fairness for 
Mountain Communities Act of 2023''.

SEC. 2. WAIVER PROGRAM FOR ZIP CODE LOCALIZATION OF AREA MEDIAN INCOME 
              CALCULATIONS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Housing and Urban Development shall 
establish a waiver program to be known as the Area Median Income 
Localization Waiver (in this Act referred to as the ``waiver 
program'').
    (b) The Waiver Program.--The waiver program established by the 
Secretary pursuant to subsection (a) shall allow a county government, 
or corresponding functional unit of government, to calculate area 
median income for covered programs using--
            (1) a ZIP Code as the area for calculation; and
            (2) a group of counties that each share a border with such 
        county as the area for calculation.
    (c) Application.--A county government, or a corresponding 
functional unit of government, may apply to participate in the waiver 
program by submitting an application to the Secretary at such time and 
in such manner as the Secretary may reasonably require.
    (d) Selection.--The Secretary shall grant a waiver to each county 
government, or corresponding functional unit of government, that 
submits an application pursuant to subsection (c).
    (e) Use of Waiver.--A county government, or corresponding 
functional unit of government, that receives a waiver under subsection 
(d) may, with respect to a covered program, calculate area median 
income using--
            (1) a ZIP Code as the area for calculation;
            (2) a group of counties that each share a border with such 
        county as the area for calculation; or
            (3) the original means for calculation provided by law for 
        the program.
    (f) Covered Program Defined.--In this section, the term ``covered 
program'' means the following programs administered by the Secretary of 
Housing and Urban Development or the Secretary of Agriculture:
            (1) The public housing program under the United States 
        Housing Act of 1937 (42 U.S.C. 1437 et seq.).
            (2) The program for rental assistance under section 8 of 
        the United States Housing Act of 1937 (42 U.S.C. 1437f).
            (3) The HOME Investment Partnerships program under title II 
        of the Cranton-Gonzalez National Affordable Housing Act (42 
        U.S.C. 12721 et seq.).
            (4) The programs under Title IV of the McKinney-Vento 
        Homeless Assistance Act (42 U.S.C. 11360 et seq.).
            (5) The Housing Trust Fund program under section 1338 of 
        the Housing and Community Development Act of 1992 (12 U.S.C 
        4568).
            (6) The program for supportive housing for the elderly 
        under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q).
            (7) The program for supportive housing for persons with 
        disabilities under section 811 of the Cranston-Gonzalez 
        National Affordable Housing Act (42 U.S.C. 8013).
            (8) The AIDS Housing Opportunities program under subtitle D 
        of title VIII of the Cranston-Gonzalez National Affordable 
        Housing Act (42 U.S.C. 12901 et seq.).
            (9) The program for Native American housing under the 
        Native American Housing Assistance and Self-Determination Act 
        of 1996 (25 U.S.C. 4101 et seq.).
            (10) The program for housing assistance for Native 
        Hawaiians under title VIII of the Native American Housing 
        Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221 
        et seq.).
            (11) The programs for assistance for rural rental housing 
        under title V of the Housing Act of 1949 (42 U.S.C. 1471 et 
        seq.).

SEC. 3. ASSESSMENT REGARDING OPTIMIZING USE OF AREA MEDIAN INCOME TO 
              SUPPORT AFFORDABLE HOUSING IN MOUNTAIN COMMUNITIES.

    (a) In General.--The Secretary shall conduct a study designed to--
            (1) identify--
                    (A) alternative methods for calculating area median 
                income; and
                    (B) alternative metrics that would make housing 
                more affordable for low-income families residing in 
                mountain communities; and
            (2) evaluate how factoring roommates into area median 
        income calculations for seasonal workers would impact housing 
        assistance.
    (b) Report.--
            (1) In general.--The Secretary of Housing and Urban 
        Development shall, not later than 2 years after the date of the 
        enactment of this Act, submit to the Committee on Financial 
        Services of the House of Representatives and the Committee on 
        Banking, Housing, and Urban Affairs of the Senate, and make 
        publicly available, a report that describes the findings of the 
        study conducted pursuant to subsection (a).
            (2) Report contents.--The report submitted pursuant to 
        subparagraph (1) shall include--
                    (A) a summary of all significant findings;
                    (B) recommendations found in any prior reports 
                about the use of area median income;
                    (C) an assessment of the extent and impacts of the 
                affordable housing crisis in mountain communities 
                nationwide, particularly within jurisdictions for which 
                the Secretary has applied a high housing cost 
                adjustment, including a comparison of rent burdens for 
                very low-income households and seasonal workers in 
                jurisdictions with and without high housing cost 
                adjustments;
                    (D) an assessment of the effects that high housing 
                cost adjustments have had on income limits and rent 
                prices in mountain communities for which the Secretary 
                has applied such an adjustment, including any effects 
                on maximum rents allowed under sections 42 and 142 of 
                the Internal Revenue Code of 1986 for tax-subsidized 
                units;
                    (E) recommendations for reforming or eliminating 
                the use of area median income for the purposes of 
                making housing more affordable for low-income and 
                seasonal workers in mountain communities; and
                    (F) recommendations for using existing authorities 
                of the Secretary to make housing more affordable for 
                low-income and seasonal workers in mountain 
                communities, particularly in areas for which the 
                Secretary has applied a high housing cost adjustment.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Area median income.--The term ``area median income'' 
        means median income for an area, as such term is used in 
        section 3(b) of the United States Housing Act of 1937 (42 
        U.S.C. 1437a(b)), median family income, and any other 
        substantively similar metric that the Secretary uses to refer 
        to the median income level for a given area or jurisdiction for 
        purposes of any program administered by the Secretary.
            (2) High housing cost adjustment.--The term ``high housing 
        cost adjustment'' an adjustment for high housing costs, high 
        construction costs, or high costs of living, or any 
        substantively similar adjustment that the Secretary may use to 
        increase income limits for areas where the cost of housing is 
        abnormally high compared to the median income for such area.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (4) Mountain communities.--The term ``mountain 
        communities'' means any rural area, as defined in section 1490 
        of title 42, United States Code, located in the Mountain 
        Division within the Census Bureau's Western Region.
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