119-hr5651

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5651 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5651

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

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 September 30, 2025

 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 2025''.

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'' is 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.
 <all>