[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3350 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 3350

     To amend the Infrastructure Investment and Jobs Act to ensure 
  consideration of affordable housing in the reconnecting communities 
                 pilot program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 28, 2023

 Mr. Fetterman introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
     To amend the Infrastructure Investment and Jobs Act to ensure 
  consideration of affordable housing in the reconnecting communities 
                 pilot program, 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 ``Keeping Housing Affordable in 
Forgotten Communities Act''.

SEC. 2. RECONNECTING COMMUNITIES PILOT PROGRAM.

    Section 11509 of the Infrastructure Investment and Jobs Act (23 
U.S.C. 101 note; Public Law 117-58) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) by redesignating subparagraphs (A) 
                        through (C) as clauses (i) through (iii), 
                        respectively, and indenting appropriately; and
                            (ii) by striking the paragraph designation 
                        and heading and all that follows through ``the 
                        term'' and inserting the following:
                    ``(B) Inclusions.--The term''; and
                    (B) by striking the subsection designation and 
                heading and all that follows through ``the term'' in 
                paragraph (1) and inserting the following:
    ``(a) Definitions.--In this section:
            ``(1) Community land trust.--The term `community land 
        trust' means a nonprofit entity or a State or local government 
        or instrumentality of a State or local government that--
                    ``(A) is not sponsored by a for-profit 
                organization;
                    ``(B) has as a primary purpose the provision and 
                maintenance of housing that provides long-term 
                affordability for low- and moderate-income persons;
                    ``(C) provides housing described in subparagraph 
                (B) using a ground lease, deed covenant, or other 
                similar legally enforceable measure, as determined by 
                the Secretary, that--
                            ``(i) keeps the housing affordable to low- 
                        and moderate-income persons for a period of not 
                        less than 30 years; and
                            ``(ii) enables low- and moderate-income 
                        persons to purchase the housing for 
                        homeownership; and
                    ``(D) maintains preemptive purchase options to 
                purchase the property so the housing remains affordable 
                to low- and moderate-income persons.
            ``(2) Eligible facility.--
                    ``(A) In general.--The term'';
            (2) in subsection (b)--
                    (A) in paragraph (2), by inserting ``, or to create 
                or preserve long-term affordable housing units around 
                the existing eligible facility'' after ``facility''; 
                and
                    (B) in paragraph (3), by inserting ``and to enable 
                the creation or preservation of long-term affordable 
                housing units around the existing eligible facility'' 
                after ``facility'';
            (3) in subsection (c)(2)--
                    (A) in subparagraph (A)--
                            (i) in clause (vii), by striking ``and'' at 
                        the end;
                            (ii) in clause (viii), by adding ``and'' 
                        after the semicolon at the end; and
                            (iii) by adding after clause (viii) the 
                        following:
                            ``(ix) the impact of the removal, retrofit, 
                        or mitigation of the eligible facility on the 
                        supply of affordable rental and owner-occupied 
                        housing in the surrounding area;'';
                    (B) in subparagraph (B), by striking ``and'' at the 
                end;
                    (C) redesignating subparagraph (C) as subparagraph 
                (D); and
                    (D) by inserting after subparagraph (B) the 
                following:
                    ``(C) housing planning activities required in 
                advance of a project to remove, retrofit, or mitigate 
                an existing eligible facility in order to preserve 
                affordable housing around the existing eligible 
                facility, including--
                            ``(i) the incorporation of long-term 
                        affordability into such a project or the 
                        surrounding area through new or existing--
                                    ``(I) community land trusts;
                                    ``(II) other shared equity 
                                homeownership programs that--
                                            ``(aa) have income 
                                        requirements;
                                            ``(bb) require a resale 
                                        formula that limits the price 
                                        for which the property may be 
                                        resold; and
                                            ``(cc) are managed by a 
                                        nonprofit affordable housing 
                                        organization or developer;
                                    ``(III) resident-owned communities, 
                                including manufactured housing 
                                communities;
                                    ``(IV) housing cooperatives;
                                    ``(V) Tribal entities; or
                                    ``(VI) rental housing that will 
                                remain affordable for a period of not 
                                less than 30 years;
                            ``(ii) planning related to the use or 
                        purchase of property around the existing 
                        eligible facility by a community land trust, 
                        nonprofit organization or developer, 
                        municipality, or land bank for the purpose of 
                        creating affordable housing; and
                            ``(iii) planning related to the 
                        implementation of a land value tax or a tax 
                        increment financing district for the purpose of 
                        funding affordable housing; and'';
            (4) in subsection (d)(4)(B)(viii)--
                    (A) in subclause (I), by striking ``and'' at the 
                end;
                    (B) in subclause (II), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                                    ``(III) preserving existing 
                                affordable housing and preventing 
                                displacement of residents.''; and
            (5) in subsection (e), by adding at the end the following:
            ``(3) Joint report on affordable housing.--Not later than 
        January 1, 2027, the Secretary and the Secretary of Housing and 
        Urban Development shall submit to the Committee on Environment 
        and Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report that evaluates the program under this 
        section, including--
                    ``(A) for the recipients of capital construction 
                grants, data on--
                            ``(i) rent and homeownership costs during 
                        and after the award of a grant under this 
                        section; and
                            ``(ii) demographic changes in the 
                        surrounding area after the award of a grant 
                        under this section; and
                    ``(B) information about partnerships that 
                recipients of grants under this section have entered 
                into with affordable housing organizations, including 
                community land trusts or other shared equity models, to 
                preserve or develop affordable housing.''.
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