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