What changed between these versions
A transformative substitute amendment, v7 introduces several new programs and significant policy shifts across multiple titles. Key changes include new programs for Rental Assistance Demonstration, CDBG Disaster Recovery, and manufactured housing community grants, along with a new Moving to Work cohort. It also modifies FHA appraisal requirements and makes substantial changes to banking regulations, while removing several provisions related to bank acquisitions and a discretionary surplus fund.
Overview
Extensive changes throughout the bill, including numerous additions, deletions, and significant modifications to existing provisions. · v7 represents a fundamental restructuring and meaningful expansion of federal housing programs, particularly in disaster recovery, rental assistance, and manufactured housing. It also introduces new banking regulations and removes some existing ones, indicating a shift in financial policy direction.
v7 is a complete substitute amendment that fundamentally reshapes the bill's approach to housing and financial regulation. Major additions include the Rental Assistance Demonstration Program (Sec. 212), the Build Now Act (Sec. 213) which ties CDBG allocations to housing growth, the PRICE Act (Sec. 304) for manufactured housing community grants, and the Reforming Disaster Recovery Act (Sec. 504) establishing a Long-Term Disaster Recovery Fund. Significant deletions in Title IX remove provisions related to least cost exceptions and failing bank acquisition fairness, alongside the removal of a discretionary surplus fund.
Major additions
v7 adds a new subsection (b) to Section 104 of the Housing and Community Development Act of 1974, making the creation and maintenance of a publicly accessible database of undeveloped land an eligible activity for Community Development Block Grant (CDBG) funds.
This addition incentivizes local governments to create transparency around publicly owned undeveloped land, which could facilitate housing development by making potential sites more visible to developers and the public. It provides a funding mechanism for this new requirement.
v7 adds new subsections (c) and (d) to Section 211, requiring the Federal Housing Commissioner, in consultation with the Secretary of Housing and Urban Development, to conduct a study on multifamily loan limits and submit a report to Congress within three years. The study assesses the Commissioner's authority to increase loan limits, the impact of increases on FHA funds and multifamily lending volume, and year-over-year changes in costs, rents, and housing supply.
This new requirement aims to provide a comprehensive analysis of FHA's multifamily loan limits, their market impact, and the agency's flexibility to adjust them. It could inform future policy decisions regarding FHA's role in supporting multifamily housing development and affordability.
v7 introduces a new Section 212, 'Rental Assistance Demonstration Program'. This section amends existing law to remove the sunset date for the program, increase the cap on units from 455,000 to 555,000, mandate a tenant lease and management plan addendum for converted properties, require annual assessments of the program's impact on public housing and tenants, allow for civil money penalties for violations, and specify that converted public housing agency property must be used for affordable housing purposes.
This significantly expands and makes permanent the Rental Assistance Demonstration (RAD) program, increasing the number of units that can be converted and adding new oversight and tenant protection measures. It aims to preserve and improve affordable housing stock while ensuring accountability and tenant rights.
v7 introduces a new Section 213, 'Build Now Act'. This act establishes a program to adjust Community Development Block Grant (CDBG) allocations based on an eligible recipient's housing growth improvement rate. Recipients demonstrating higher housing supply growth will receive bonus amounts, while those with lower growth rates will see a 10% decrease in their CDBG allocation. It defines eligibility, calculation methods, and reporting requirements, with adjustments taking effect in the third full fiscal year after enactment and continuing through fiscal year 2043.
This creates a direct financial incentive for states and local governments to implement policies that increase housing supply, particularly for affordable housing. It aims to address housing shortages by rewarding jurisdictions that demonstrate measurable growth in their housing stock, potentially leading to increased development activity.
v7 adds a new paragraph (2) to Section 301(d), titled 'Energy efficiency standards'. This provision states that no energy efficiency standards for manufactured homes developed by any federal agency shall have legal effect unless adopted by the Department of Housing and Urban Development (HUD) through a specific consensus standards and regulatory development process. It also mandates HUD to adopt minimum energy efficiency standards within one year of enactment and update them every three years.
This centralizes authority for manufactured home energy efficiency standards under HUD, potentially streamlining regulations and preventing conflicting standards from other agencies. It also ensures regular updates to these standards, which could impact the cost and environmental performance of manufactured homes.
v7 introduces a new Section 304, 'PRICE Act', which establishes the 'Preservation and Reinvestment for Community Enhancement' competitive grant program. This program provides grants to eligible recipients (including manufactured housing communities, local governments, nonprofits, and Indian tribes) for projects to develop or improve eligible manufactured housing communities. Eligible uses include infrastructure, housing reconstruction/repair/replacement, planning, health/safety/accessibility activities, land acquisition for expansion, and resident/community services. It prioritizes projects benefiting low- and moderate-income residents and preserving long-term affordability.
This creates a dedicated federal grant program to support and revitalize manufactured housing communities, which are often a source of affordable housing. It aims to improve living conditions, infrastructure, and long-term affordability in these communities, benefiting low- and moderate-income residents.
v7 expands the eligibility for grants under Section 1109(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to include 'post-secondary institutions, including trade and polytechnic schools', in addition to State appraiser certifying and licensing agencies. These grants support education and training activities to address appraiser industry workforce needs.
This broadens the reach of federal funding for appraiser workforce development, allowing more educational institutions to participate in training and recruiting new talent. This could help address shortages in the appraisal industry and improve the diversity and accessibility of appraisal services.
v7 introduces a new Section 504, 'Reforming Disaster Recovery Act'. This act establishes the Long-Term Disaster Recovery Fund in the Treasury, authorizes community development block grant disaster recovery grants from this fund, and sets forth a formula for allocation based on catastrophic major disasters. It also establishes an Office of Disaster Management and Resiliency within HUD, outlines grantee plan requirements, performance reviews, and financial controls, and mandates data sharing agreements with other federal agencies to prevent duplication of benefits.
This creates a permanent, dedicated federal fund and a structured program for long-term disaster recovery, aiming to streamline assistance, improve coordination, and enhance resilience in disaster-impacted communities. It provides a more predictable and efficient mechanism for post-disaster aid, particularly benefiting low- and moderate-income populations and vulnerable communities.
v7 introduces a new Section 505, 'New Moving to Work cohort'. This section authorizes the Secretary of Housing and Urban Development to add up to an additional 25 high-performing public housing agencies to participate in a new 'Economic Opportunity and Pathways to Independence Cohort' within the Moving to Work demonstration. It limits the types of waivers that can be granted, sets funding and use of funds rules, establishes selection requirements (including agency size and geographic diversity), and mandates comprehensive reporting and oversight for all Moving to Work agencies.
This expands the Moving to Work demonstration, allowing more public housing agencies to experiment with innovative approaches to housing assistance, with a focus on economic opportunity and self-sufficiency. The new cohort has specific limitations and reporting requirements designed to ensure accountability and evaluate program effectiveness, potentially impacting a broader range of low-income families.
v7 introduces a new Section 603, 'Veterans Affairs Loan Informed Disclosure (VALID) Act'. This section amends the National Housing Act to require FHA informed consumer choice disclosures to include information relating to VA loans, assuming prevailing interest rates. It also mandates the Director of the Federal Housing Finance Agency to require enterprises to include a military service question on the Uniform Residential Loan Application, with 'Yes', 'No', and 'Prefer Not To Answer' options, positioned above the signature line.
This aims to ensure veterans are better informed about their eligibility for VA home loans when applying for FHA-insured mortgages, potentially increasing their access to more favorable loan terms. The addition of a clear military service question on loan applications streamlines identification of potential VA loan eligibility.
Deletions
v6 Section 906 amended Section 13(c)(4) of the Federal Deposit Insurance Act to allow the FDIC, at its discretion, to select an alternative method of exercising authority that is not the least costly to the Deposit Insurance Fund, under specific conditions. This exception was intended to limit further concentration of the U.S. banking system in global systemically important banking organizations.
The deletion removes the FDIC's authority to deviate from the 'least cost' resolution principle for failing banks, even if it means avoiding further concentration in large banks. This could lead to more acquisitions of failing banks by global systemically important banking organizations, potentially increasing systemic risk and reducing competition in the banking sector. It removes a tool designed to promote financial stability and competition during bank failures. The rule of construction in v6 Section 906(b) is also removed.
v6 Section 907 amended various sections of the Federal Deposit Insurance Act and the Bank Holding Company Act of 1956 to modify concentration limit exceptions for failing bank acquisitions. It specified that these exceptions would only be available if the responsible agency determined, based on clear and convincing evidence, that the acquisition was necessary to prevent significant economic disruption or adverse effects on financial stability, and if no qualified bid was received from a company not subject to the concentration prohibition. It also added congressional notification and justification requirements for waivers and limited the consideration of 'bad faith bids' in least cost determinations.
The deletion removes provisions designed to promote fairness and competition in the acquisition of failing banks by restricting the use of concentration limit exceptions and requiring justification for waivers. This could make it easier for larger institutions to acquire failing banks without facing the same level of scrutiny or competition, potentially leading to increased market concentration and reduced opportunities for smaller institutions. It also removes transparency and accountability measures for such acquisitions.
v6 Section 912 reduced the dollar amount specified under Section 7(a)(3)(A) of the Federal Reserve Act by $115,000,000, effective September 30, 2035. This effectively reduced the amount of surplus funds held by the Federal Reserve.
The deletion reverses a provision that would have reduced the Federal Reserve's surplus fund. This means the Federal Reserve will retain the full amount of its surplus funds, which could impact the amount of remittances to the Treasury or the Fed's financial flexibility. The specific financial impact would depend on the size of the surplus fund and other economic factors.
Modifications
This change affects how federal housing counseling and financial literacy program funds are distributed. It may lead to a wider geographical spread of services, potentially benefiting more diverse communities, but removes the explicit focus on areas with high minority populations or foreclosure rates, which could alter service delivery in those specific areas.
Before
v6 required housing counseling and financial literacy programs to ensure 'adequate distribution' of recipients, including organizations serving areas with high concentrations of minorities or high foreclosure rates.
After
v7 requires that recipients are 'geographically diverse and include organizations that serve urban or rural areas'.
This modification significantly restricts the portability of appraiser licenses for FHA appraisals. Only federal employees meeting the criteria will benefit from the single-state licensure for FHA appraisals across all states and territories. Non-federal appraisers will likely continue to face state-specific licensing requirements, potentially impacting the efficiency and availability of FHA appraisal services in certain regions.
Before
v6 allowed an appraiser whose primary duty is conducting appraisal-related activities, and who chooses to become State-licensed or certified, to be licensed or certified in 1 State or territory to perform FHA appraisals in all States and territories.
After
v7 narrows this provision to specifically apply to 'a Federal employee' who has as their primary duty conducting appraisal-related activities and chooses to become State-licensed or certified, allowing them to be licensed or certified in 1 State or territory to perform FHA appraisals in all States and territories.
This change removes a clear statutory guideline for valuing real property contributions for matching requirements in the HOME Investment Partnerships Program. This could lead to increased discretion for the Secretary in determining the value of such contributions or necessitate new regulations to establish valuation methods, potentially affecting the financial viability and planning for community housing development organizations.
Before
v6 amended Section 220(b) of the Cranston-Gonzalez National Affordable Housing Act to remove paragraph (2) which specified that a contribution of real property to a community housing development organization would be recognized as a match in the amount of its fair market value.
After
v7 makes the same amendment, removing the specific language about how a contribution of real property is recognized as a match.
This modification ensures that mortgages under Section 538 of the Housing Act of 1949, along with their specific U.S.C. reference, are explicitly covered by the Multifamily Mortgage Foreclosure Act of 1981. This provides legal clarity for foreclosure procedures involving these specific rural housing loans, affecting lenders and property owners under these programs.
Before
v6 amended Section 363(2) of the Multifamily Mortgage Foreclosure Act of 1981 to include mortgages under Section 514, 515, or 538 of the Housing Act of 1949 as eligible for multifamily mortgage foreclosure procedures.
After
v7 modifies the existing reference in Section 363(2)(F) by striking 'or 515' and inserting '515, or 538'; and by inserting ', 1490p-2' after '1485'.
This change narrows the amount of reciprocal deposits that are exempt from being classified as 'brokered deposits' for larger agent institutions (those with liabilities over $10 billion). This could increase regulatory burden for these institutions, potentially affecting their funding strategies and liquidity management, as brokered deposits are subject to stricter rules.
Before
v6 Section 29(i)(1) of the Federal Deposit Insurance Act specified that reciprocal deposits of an agent institution would not be considered funds obtained by a deposit broker up to certain percentages of total liabilities: 50% for liabilities up to $1 billion, 40% for $1-10 billion, and 30% for $10-250 billion.
After
v7 Section 29(i)(1) of the Federal Deposit Insurance Act retains the same percentage thresholds for reciprocal deposits but changes the upper limit of the third tier from '$250,000,000,000' to '$96,333,333,333'.
This change provides a more precise and standardized criterion for determining which institutions qualify as 'agent institutions' for reciprocal deposit exemptions. It clarifies eligibility based on a widely recognized supervisory rating system, potentially affecting institutions that previously met the 'outstanding or good' standard but might not fall within the 1-3 CAMELS rating range.
Before
v6 Section 29(i)(2)(A)(i)(I) of the Federal Deposit Insurance Act defined an agent institution as one that 'was found to have a composite condition of outstanding or good' when most recently examined.
After
v7 Section 29(i)(2)(A)(i)(I) of the Federal Deposit Insurance Act modifies this definition to require an agent institution to have been 'assigned a CAMELS rating of 1, 2, or 3 under the Uniform Financial Institutions Rating System (or an equivalent rating under a comparable rating system)' when most recently examined.
This change provides federal banking agencies with more time to review requests from qualifying community banks to deviate from their approved business plans during their initial two years. While it gives regulators more flexibility, it could also mean longer waiting periods for new banks seeking to adjust their strategies, potentially impacting their agility in a dynamic market.
Before
v6 Section 910(b)(2) required the appropriate Federal banking agency to approve, conditionally approve, or deny a request to deviate from a business plan within a 90-day period.
After
v7 Section 908(b)(2) extends this period to a '180-day period' for the appropriate Federal banking agency to approve, conditionally approve, or deny a request to deviate from a business plan.
Scope
Fundamental restructuring — Changes are scattered throughout the bill, affecting multiple titles and introducing entirely new programs and regulatory frameworks. There are also significant deletions and renumbering of sections in Title IX. — v7 represents a meaningful change in policy direction. It introduces new federal programs for housing supply, disaster recovery, and manufactured housing, and significantly alters banking regulations related to failing bank acquisitions and deposit brokering. The shift towards incentivizing housing growth through CDBG allocations is also a new policy direction. — The changes interact significantly with existing provisions. New programs like the CDBG Disaster Recovery Program and the Build Now Act directly modify or build upon existing federal funding mechanisms. Changes to banking regulations alter the operational environment for financial institutions. The renumbering of sections in Title IX also necessitates careful cross-referencing to understand the full impact.
Impact analysis
Local governments and states receiving CDBG funds
Financial incentive for increasing housing supply; potential financial penalty for low housing growth.
v7 introduces the 'Build Now Act' (Sec. 213) which ties CDBG allocations to housing growth rates. Jurisdictions with higher housing growth will receive bonus funds, while those with lower growth will see a 10% reduction in their allocation.
Public housing agencies and tenants in RAD properties
Increased program stability and capacity; enhanced tenant protections and oversight; potential for penalties for non-compliant agencies.
v7 makes the Rental Assistance Demonstration (RAD) program permanent, increases the unit cap, adds mandatory tenant protections (lease/management plan addendum), and mandates annual assessments of RAD's impact. It also allows for civil money penalties for violations.
Manufactured housing communities and their residents
Increased access to funding for community improvements; potential for improved housing quality and affordability; streamlined energy efficiency regulations.
v7 introduces the 'PRICE Act' (Sec. 304), establishing a new competitive grant program for the development and improvement of eligible manufactured housing communities, including infrastructure, housing repair/replacement, and resident services. It also centralizes energy efficiency standards for manufactured homes under HUD (Sec. 301(d)(2)).
Communities impacted by major disasters
Improved access to and coordination of disaster recovery funding; enhanced federal support for long-term recovery and resilience planning.
v7 establishes the 'Reforming Disaster Recovery Act' (Sec. 504), creating a permanent Long-Term Disaster Recovery Fund and a structured grant program for post-disaster aid. It also creates an Office of Disaster Management and Resiliency within HUD.
Federal employees who are appraisers
Clarified and potentially exclusive benefit for federal employee appraisers regarding multi-state FHA appraisal work.
v7 narrows the provision allowing single-state licensure for FHA appraisals across all states and territories to apply exclusively to 'Federal employees' (Sec. 403(a)(1)(A)).
Post-secondary institutions, trade, and polytechnic schools
Increased funding opportunities for appraiser training and education.
v7 expands eligibility for grants supporting appraiser industry workforce needs to include these educational institutions (Sec. 403(d)(7)).
Veterans applying for FHA-insured mortgages
Increased awareness and access to VA home loan benefits.
v7 requires FHA disclosures to include information about VA loans and mandates a military service question on the Uniform Residential Loan Application (Sec. 603).
Larger agent institutions (with liabilities over $10 billion) using reciprocal deposits
Increased regulatory burden and potential funding cost increases.
v7 significantly reduces the maximum liability threshold for reciprocal deposits not considered brokered deposits from $250 billion to $96,333,333,333 (Sec. 902(a)).
Institutions seeking to qualify as 'agent institutions' for reciprocal deposit exemptions
Clarified and potentially stricter eligibility criteria for reciprocal deposit exemptions.
v7 replaces the qualitative 'outstanding or good' composite condition requirement with a specific CAMELS rating of 1, 2, or 3 (Sec. 902(b)).
Qualifying community banks seeking to deviate from business plans
Increased waiting times for regulatory approval of business plan changes.
v7 extends the regulatory review period for requests to deviate from business plans from 90 days to 180 days (Sec. 908(b)(2)).