[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2790 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2790

       To reform rural housing programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 13, 2023

 Ms. Smith (for herself and Mr. Rounds) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
       To reform rural housing programs, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Rural Housing 
Service Reform Act of 2023''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                   TITLE I--STREAMLINING AND UPDATES

Sec. 101. Application of multifamily mortgage foreclosure procedures to 
                            multifamily mortgages held by the Secretary 
                            of Agriculture and preservation of the 
                            rental assistance contract upon 
                            foreclosure.
Sec. 102. Study on rural housing loans for housing for low- and 
                            moderate-income families.
Sec. 103. Authorization of appropriations for staffing needs and 
                            information technology upgrades.
        TITLE II--RURAL HOUSING PRESERVATION AND REVITALIZATION

Sec. 201. Permanent establishment of housing preservation and 
                            revitalization program.
Sec. 202. Eligibility for rural housing vouchers.
Sec. 203. Amount of voucher assistance.
Sec. 204. Rental assistance contract authority.
Sec. 205. Funding for technical improvements.
                    TITLE III--NATIVE CDFI RELENDING

Sec. 301. Native CDFI relending program.
                 TITLE IV--SECTION 504 LOANS AND GRANTS

Sec. 401. Modifications to loans and grants for minor improvements to 
                            farm housing and buildings.
         TITLE V--RURAL COMMUNITY DEVELOPMENT INITIATIVE GRANTS

Sec. 501. Rural Community Development Initiative.
                           TITLE VI--REPORTS

Sec. 601. Annual report on rural housing programs.
Sec. 602. GAO report on Rural Housing Service technology.
                TITLE VII--RURAL HOUSING VOUCHER PROGRAM

Sec. 701. Adjustment to rural development voucher amount.
            TITLE VIII--TRANSFERS TO NONPROFIT ORGANIZATIONS

Sec. 801. Transfer of multifamily rural housing projects.
    TITLE IX--TERM OF DIRECT LOANS MADE BY THE RURAL HOUSING SERVICE

Sec. 901. Extension of loan term.

                   TITLE I--STREAMLINING AND UPDATES

SEC. 101. APPLICATION OF MULTIFAMILY MORTGAGE FORECLOSURE PROCEDURES TO 
              MULTIFAMILY MORTGAGES HELD BY THE SECRETARY OF 
              AGRICULTURE AND PRESERVATION OF THE RENTAL ASSISTANCE 
              CONTRACT UPON FORECLOSURE.

    (a) Multifamily Mortgage Procedures.--Section 363 of the 
Multifamily Mortgage Foreclosure Act of 1981 (12 U.S.C. 3702) is 
amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (D), by striking ``and'' at the 
                end;
                    (B) in subparagraph (E), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(F) section 514, 515, or 538 of the Housing Act 
                of 1949 (42 U.S.C. 1484, 1485, 1490p).''; and
            (2) in paragraph (10)--
                    (A) by striking ``means the Secretary'' and 
                inserting the following: ``means--
                    ``(A) the Secretary'';
                    (B) in subparagraph (A), as so designated, by 
                striking the period at the end and inserting ``, with 
                respect to a multifamily mortgage described in 
                subparagraph (A), (B), (C), (D), or (E) of paragraph 
                (2); and''; and
                    (C) by adding at the end the following:
                    ``(B) the Secretary of Agriculture, with respect to 
                a multifamily mortgage described in paragraph 
                (2)(F).''.
    (b) Preservation of Contract.--Section 521(d) of the Housing Act of 
1949 (42 U.S.C. 1490a(d)) is amended by adding at the end the 
following:
    ``(3) Notwithstanding any other provision of law in managing and 
disposing of any multifamily property that is owned or has a mortgage 
held by the Secretary, and during the process of foreclosure on any 
property with a contract for rental assistance under this section--
            ``(A) the Secretary shall maintain any rental assistance 
        payments that are attached to any dwelling units in the 
        property; and
            ``(B) the rental assistance contract may be used to provide 
        further assistance to existing projects under 514, 515, or 
        516.''.

SEC. 102. STUDY ON RURAL HOUSING LOANS FOR HOUSING FOR LOW- AND 
              MODERATE-INCOME FAMILIES.

    Not later than 6 months after the date of enactment of this Act, 
the Secretary of Agriculture shall conduct a study and submit to 
Congress a publicly available report on the loan program under section 
521 of the Housing Act of 1949 (42 U.S.C. 1490a), including--
            (1) the total amount provided by the Secretary in subsidies 
        under such section 521 to borrowers with loans made pursuant to 
        section 502 of such Act (42 U.S.C. 1472);
            (2) how much of the subsidies described in paragraph (1) 
        are being recaptured; and
            (3) the amount of time and costs associated with 
        recapturing those subsidies.

SEC. 103. AUTHORIZATION OF APPROPRIATIONS FOR STAFFING NEEDS AND 
              INFORMATION TECHNOLOGY UPGRADES.

    There is authorized to be appropriated to the Secretary of 
Agriculture for each of fiscal years 2024 through 2028 such sums as may 
be necessary for increased staffing needs and information technology 
upgrades to support all Rural Housing Service programs.

        TITLE II--RURAL HOUSING PRESERVATION AND REVITALIZATION

SEC. 201. PERMANENT ESTABLISHMENT OF HOUSING PRESERVATION AND 
              REVITALIZATION PROGRAM.

    Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is 
amended by adding at the end the following:

``SEC. 545. HOUSING PRESERVATION AND REVITALIZATION PROGRAM.

    ``(a) Establishment.--The Secretary shall carry out a program under 
this section for the preservation and revitalization of multifamily 
rental housing projects financed under section 514, 515, or 516.
    ``(b) Notice of Maturing Loans.--
            ``(1) To owners.--On an annual basis, the Secretary shall 
        provide written notice to each owner of a property financed 
        under section 514, 515, or 516 that will mature within the 4-
        year period beginning upon the provision of the notice, setting 
        forth the options and financial incentives that are available 
        to facilitate the extension of the loan term or the option to 
        decouple a rental assistance contract pursuant to subsection 
        (f).
            ``(2) To tenants.--
                    ``(A) In general.--On an annual basis, for each 
                property financed under section 514, 515, or 516, not 
                later than the date that is 2 years before the date 
                that the loan will mature, the Secretary shall provide 
                written notice to each household residing in the 
                property that informs them of--
                            ``(i) the date of the loan maturity;
                            ``(ii) the possible actions that may happen 
                        with respect to the property upon that 
                        maturity; and
                            ``(iii) how to protect their right to 
                        reside in federally assisted housing, or how to 
                        secure housing voucher, after that maturity.
                    ``(B) Language.--Notice under this paragraph shall 
                be provided in plain English and shall be translated to 
                other languages in the case of any property located in 
                an area in which a significant number of residents 
                speak such other languages.
    ``(c) Loan Restructuring.--Under the program under this section, in 
any circumstance in which the Secretary proposes a restructuring to an 
owner or an owner proposes a restructuring to the Secretary, the 
Secretary may restructure such existing housing loans, as the Secretary 
considers appropriate, for the purpose of ensuring that those projects 
have sufficient resources to preserve the projects to provide safe and 
affordable housing for low-income residents and farm laborers, by--
            ``(1) reducing or eliminating interest;
            ``(2) deferring loan payments;
            ``(3) subordinating, reducing, or reamortizing loan debt;
            ``(4) providing other financial assistance, including 
        advances, payments, and incentives (including the ability of 
        owners to obtain reasonable returns on investment) required by 
        the Secretary; and
            ``(5) permanently removing a portion of the housing units 
        from income restrictions when sustained vacancies have 
        occurred.
    ``(d) Renewal of Rental Assistance.--
            ``(1) In general.--When the Secretary proposes to 
        restructure a loan or agrees to the proposal of an owner to 
        restructure a loan pursuant to subsection (c), the Secretary 
        shall offer to renew the rental assistance contract under 
        section 521(a)(2) for a 20-year term that is subject to annual 
        appropriations, provided that the owner agrees to bring the 
        property up to such standards that will ensure maintenance of 
        the property as decent, safe, and sanitary housing for the full 
        term of the rental assistance contract.
            ``(2) Additional rental assistance.--With respect to a 
        project described in paragraph (1), if rental assistance is not 
        available for all households in the project for which the loan 
        is being restructured pursuant to subsection (c), the Secretary 
        may extend such additional rental assistance to unassisted 
        households at that project as is necessary to make the project 
        safe and affordable to low-income households.
    ``(e) Restrictive Use Agreements.--
            ``(1) Requirement.--As part of the preservation and 
        revitalization agreement for a project, the Secretary shall 
        obtain a restrictive use agreement that is recorded and 
        obligates the owner to operate the project in accordance with 
        this title.
            ``(2) Term.--
                    ``(A) No extension of rental assistance contract.--
                Except when the Secretary enters into a 20-year 
                extension of the rental assistance contract for a 
                project, the term of the restrictive use agreement for 
                the project shall be consistent with the term of the 
                restructured loan for the project.
                    ``(B) Extension of rental assistance contract.--If 
                the Secretary enters into a 20-year extension of the 
                rental assistance contract for a project, the term of 
                the restrictive use agreement for the project shall be 
                for the longer of--
                            ``(i) 20 years; or
                            ``(ii) the remaining term of the loan for 
                        that project.
                    ``(C) Termination.--The Secretary may terminate the 
                20-year use restrictive use agreement for a project 
                before the end of the term of the agreement if the 20-
                year rental assistance contract for the project with 
                the owner is terminated at any time for reasons outside 
                the control of the owner.
    ``(f) Decoupling of Rental Assistance.--
            ``(1) Renewal of rental assistance contract.--If the 
        Secretary determines that a maturing loan for a project cannot 
        reasonably be restructured in accordance with subsection (c) 
        because it is not financially feasible or the owner does not 
        agree with the proposed restructuring, and the project was 
        operating with rental assistance under section 521 and the 
        recipient is a borrower under section 514 or 515, the Secretary 
        may renew the rental assistance contract, notwithstanding any 
        provision of section 521, for a term, subject to annual 
        appropriations, of 20 years.
            ``(2) Additional rental assistance.--With respect to a 
        project described in paragraph (1), if rental assistance is not 
        available for all households in the project for which the loan 
        is being restructured pursuant to subsection (c), the Secretary 
        may extend such additional rental assistance to unassisted 
        households at that project as is necessary to make the project 
        safe and affordable to low-income households.
            ``(3) Rents.--Any agreement to extend the term of the 
        rental assistance contract under section 521 for a project 
        shall obligate the owner to continue to maintain the project as 
        decent, safe and sanitary housing and to operate the 
        development as affordable housing in a manner that meets the 
        goals of this title, except that the Secretary shall establish 
        standards for the setting of rents.
            ``(4) Conditions for approval.--
                    ``(A) Plan.--Before the approval of a rental 
                assistance contract authorized under this section, the 
                Secretary shall require the owner to submit to the 
                Secretary a plan that identifies financing sources and 
                a timetable for renovations and improvements determined 
                to be necessary by the Secretary to maintain and 
                preserve the project.
                    ``(B) Automatic approval.--If a plan submitted 
                under subparagraph (A) is not acted upon by the 
                Secretary within 30 days of the submission, the rental 
                assistance contract is automatically approved for not 
                more than a 1-year period.
    ``(g) Multifamily Housing Transfer Technical Assistance.--Under the 
program under this section, the Secretary may provide grants to 
qualified nonprofit organizations and public housing agencies to 
provide technical assistance, including financial and legal services, 
to borrowers under loans under this title for multifamily housing to 
facilitate the acquisition or preservation of such multifamily housing 
properties in areas where the Secretary determines there is a risk of 
loss of affordable housing.
    ``(h) Administrative Expenses.--Of any amounts made available for 
the program under this section for any fiscal year, the Secretary may 
use not more than $1,000,000 for administrative expenses for carrying 
out such program.
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated for the program under this section $200,000,000 for each 
of fiscal years 2024 through 2028.
    ``(j) Rulemaking.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Rural Housing Service Reform Act of 2023, 
        the Secretary shall--
                    ``(A) publish an advance notice of proposed 
                rulemaking; and
                    ``(B) consult with appropriate stakeholders.
            ``(2) Interim final rule.--Not later than 1 year after the 
        date of enactment of the Rural Housing Service Reform Act of 
        2023, the Secretary shall publish an interim final rule to 
        carry out this section.''.

SEC. 202. ELIGIBILITY FOR RURAL HOUSING VOUCHERS.

    Section 542 of the Housing Act of 1949 (42 U.S.C. 1490r) is amended 
by adding at the end the following:
    ``(c) Eligibility of Households in Sections 514, 515, and 516 
Projects.--The Secretary may provide rural housing vouchers under this 
section for any low-income household (including those not receiving 
rental assistance) residing for a term longer than the remaining term 
of their lease that is in effect on the date of mortgage maturity, in a 
property financed with a loan under section 514 or 515 or a grant under 
section 516 that has--
            ``(1) been prepaid with or without restrictions imposed by 
        the Secretary pursuant to section 502(c)(5)(G)(ii)(I);
            ``(2) been foreclosed; or
            ``(3) matured after September 30, 2005.''.

SEC. 203. AMOUNT OF VOUCHER ASSISTANCE.

    Notwithstanding any other provision of law, in the case of any 
rural housing voucher provided pursuant to section 542 of the Housing 
Act of 1949 (42 U.S.C. 1490r), the amount of the monthly assistance 
payment for the household on whose behalf the assistance is provided 
shall be determined as provided in subsection (a) of such section 542, 
including providing for interim and annual review of the voucher amount 
in the event of a change in household composition or income or rental 
rate.

SEC. 204. RENTAL ASSISTANCE CONTRACT AUTHORITY.

    Section 521(d) of the Housing Act of 1949 (42 U.S.C. 1490a(d)), as 
amended by section 101(b), is amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (C) and (D), respectively;
                    (B) by inserting after subparagraph (A) the 
                following:
            ``(B) upon request of an owner of a project financed under 
        section 514 or 515, the Secretary is authorized to enter into 
        renewal of such agreements for a period of 20 years or the term 
        of the loan, whichever is shorter, subject to amounts made 
        available in appropriations Acts;'';
                    (C) in subparagraph (C), as so redesignated, by 
                striking ``subparagraph (A)'' and inserting 
                ``subparagraphs (A) and (B)''; and
                    (D) in subparagraph (D), as so redesignated, by 
                striking ``subparagraphs (A) and (B)'' and inserting 
                ``subparagraphs (A), (B), and (C)'';
            (2) in paragraph (2), by striking ``shall'' and inserting 
        ``may''; and
            (3) by adding at the end the following:
    ``(4) In the case of any rental assistance contract authority that 
becomes available because of the termination of assistance on behalf of 
an assisted family--
            ``(A) at the option of the owner of the rental project, the 
        Secretary shall provide the owner a period of not more than 6 
        months before unused assistance is made available pursuant to 
        subparagraph (B) during which the owner may use such assistance 
        authority to provide assistance on behalf of an eligible 
        unassisted family that--
                    ``(i) is residing in the same rental project that 
                the assisted family resided before the termi