[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