[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 1260 Introduced in Senate (IS)] <DOC> 119th CONGRESS 1st Session S. 1260 To reform rural housing programs, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES April 2, 2025 Ms. Smith (for herself, Mr. Rounds, Mr. Daines, Mr. Fetterman, Mr. Crapo, Mr. Warner, Mr. Cramer, Mr. Warnock, Mrs. Shaheen, and Mr. Moran) 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 2025''. (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 and IT upgrades. Sec. 104. Funding for technical improvements. TITLE II--RURAL HOUSING PRESERVATION AND REVITALIZATION Sec. 201. Permanent establishment of housing preservation and revitalization program. Sec. 202. Rental assistance contract authority. 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; income eligibility. 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. Sec. 702. Eligibility for rural housing vouchers. Sec. 703. Amount of voucher assistance. TITLE VIII--TRANSFERS TO NONPROFIT ORGANIZATIONS Sec. 801. Transfer of multifamily rural housing projects. TITLE IX--SECTION 502 LOANS AND GUARANTEES Sec. 901. Extension of loan term. Sec. 902. Release of liability for section 502 guaranteed borrower upon assumption of original loan by new borrower. Sec. 903. Department of Agriculture loan restrictions. TITLE X--ACCESSORY DWELLING UNITS Sec. 1001. Loan guarantees. TITLE XI--TIME FRAME FOR COMPLETING APPLICATION REVIEW Sec. 1101. Application review. 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(2) of the Multifamily Mortgage Foreclosure Act of 1981 (12 U.S.C. 3702(2)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) in subparagraph (E), by striking the period at the end and inserting ``; or''; and (3) 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).''. (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 AND IT UPGRADES. There is authorized to be appropriated to the Secretary of Agriculture for each of fiscal years 2026 through 2030 such sums as may be necessary for increased staffing needs and information technology upgrades to support all Rural Housing Service programs. SEC. 104. FUNDING FOR TECHNICAL IMPROVEMENTS. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Agriculture such sums as may be necessary for fiscal year 2026 for improvements to the technology of the Rural Housing Service of the Department of Agriculture used to process and manage housing loans. (b) Availability.--Amounts appropriated pursuant to subsection (a) shall remain available until the date that is 5 years after the date of the appropriation. (c) Timeline.--The Secretary of Agriculture shall make the improvements described in subsection (a) during the 5-year period beginning on the date on which amounts are appropriated under subsection (a). 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 term that is the shorter of 20 years and the term of the restructured loan, 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 loan maturing during the 4-year period beginning upon the provision of the notice required under subsection (b)(1) 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 requirement under section 521 that the recipient be a current borrower under section 514 or 515, for a term of 20 years, subject to annual appropriations. ``(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.-- ``(A) In general.--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. ``(B) Rent amounts.--Subject to subparagraph (C), in setting rents, the Secretary-- ``(i) shall determine the maximum initial rent based on current fair market rents established under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f); and ``(ii) may annually adjust the rent determined under clause (i) by the operating cost adjustment factor as provided under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note). ``(C) Higher rent.-- ``(i) In general.--Subparagraph (B) shall not apply if the Secretary determines that the budget-based needs of a project require a higher rent than the rent described in subparagraph (B). ``(ii) Rent.--If the Secretary makes a positive determination under clause (i), the Secretary may approve a budget-based rent level for the project. ``(4) Conditions for approval.-- ``(A) Plan.--Before the approval of a rental assistance contract authorized under this section, the Secretary shall require, through an annual notice in the Federal Register, 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 2026 through 2030. ``(j) Rulemaking.-- ``(1) In general.--Not later than 180 days after the date of enactment of the Rural Housing Service Reform Act of 2025, 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 2025, the Secretary shall publish an interim final rule to carry out this section.''. SEC. 202. 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)