Overview
Title
To reauthorize the HOME Investment Partnerships Program, and for other purposes.
ELI5 AI
The bill is about giving more money and making new rules for a program that helps build cheaper homes for people who need them. It wants to make sure there’s enough money for these projects over the next few years, even though some people worry about spending too much without clear plans.
Summary AI
The bill S. 3644 aims to reauthorize and reform the HOME Investment Partnerships Program, which provides federal funding for affordable housing projects. It proposes increasing funding for the program, removing deadlines for fund allocation, modifying eligibility criteria, and introducing new rules for affordable housing management. The bill also establishes a home loan guarantee program to support the financing of affordable housing. Technical corrections and updates to existing definitions are included to improve clarity and functioning of the program.
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AnalysisAI
The bill titled the "HOME Investment Partnerships Reauthorization and Improvement Act of 2024" aims to reauthorize and reform various aspects of the HOME Investment Partnerships Program. This program is a primary federal tool for affordable housing initiatives. The bill includes increased funding over several years, changes to eligibility and evaluation criteria, improvements in program administration, and the establishment of a home loan guarantee program. It also introduces amendments to existing legislation to address technical issues and provide new measures for tenant protection and enforcement of program rules.
General Summary
The bill seeks to provide funding and structural changes to ensure the HOME Investment Partnerships Program continues supporting affordable housing development. It establishes funding allocations starting at $5 billion in 2024, with progressive increases over five years. Key reforms include modifications to administrative rules, the addition of a home loan guarantee program, and clarification of criteria for affordable housing. These reforms aim to enhance the effectiveness of the program and ensure it adapts to the current housing market dynamics. Additionally, technical corrections are made to existing legislative text for clarity and current relevance.
Significant Issues
A considerable issue with the bill is the substantial increase in funding without detailed justification or a clear spending breakdown. This lack of transparency arouses concern over potential wasteful spending and ineffective use of resources. Another issue is the vague criteria for financial risk assessment in the new loan guarantee program, which might lead to arbitrary decisions.
The removal of a commitment deadline in one section of the bill lacks clear rationale, which may affect timelines for project completion and management of finances. Moreover, the bill allows the Secretary of Housing increased discretion in various decision-making processes without clearly defined criteria, potentially leading to unequal application and favoritism.
Impact on the Public
Broadly, the bill aims to tackle the affordable housing crisis by securing funding and adapting administrative procedures. If effectively implemented, this could lead to more affordable housing options for low- and moderate-income families. However, the lack of transparency and specific criteria for fund allocation and use might result in inefficient implementation and could prevent intended benefits from reaching all communities equally.
Impact on Specific Stakeholders
For local governments and housing organizations, the bill may offer more flexibility and resources to support affordable housing initiatives. The introduction of a loan guarantee program is a significant benefit, as it may enable these entities to secure financing more easily, facilitating the development of new housing projects. However, organizations might also face challenges due to potential increases in administrative costs and the need for compliance with new bureaucratic requirements.
Community housing development organizations, in particular, might find the revisions beneficial in terms of increased funding opportunities if they continue to meet housing development criteria. Conversely, ambiguities in program rules and funding allocations could pose hurdles, especially for smaller entities with limited resources to navigate complex regulatory landscapes.
Overall, the bill presents both opportunities and challenges in addressing affordable housing needs, with its success heavily dependent on how well the outlined reforms are implemented and managed.
Financial Assessment
The bill S. 3644, concerning the reauthorization and reform of the HOME Investment Partnerships Program, involves several financial components that warrant detailed examination. By analyzing the appropriations, funding allocation, and financial management elements outlined in the bill, several key issues related to transparency, efficiency, and discretionary authority arise.
Summary of Financial Allocations
The legislation proposes specific budgets for upcoming fiscal years to support the HOME Investment Partnerships Program. The authorized appropriations are:
- $5,000,000,000 for fiscal year 2024
- $5,250,000,000 for fiscal year 2025
- $5,512,500,000 for fiscal year 2026
- $5,788,125,000 for fiscal year 2027
- $6,077,531,250 for fiscal year 2028
These appropriations indicate a steady increase from year to year, reflecting the program's anticipated growth or expansion. However, the bill lacks detailed justification for these significant annual increases, leaving open questions about the efficiency and intended use of these funds. This absence of detailed expense allocation leads to concerns over potential wasteful spending and a lack of financial transparency.
Relation to Identified Issues
The allocation of increasing financial sums without specific justification is a primary concern. The bill does not disclose a breakdown of anticipated expenditures or how the increased funding will address particular program needs or improvements. This omission invites risks of inefficient or misallocated expenditures, as emphasized in the first issue identified: the potential for waste and lack of transparency. Stakeholders might expect further details in the bill to ensure accountability and judicious management of public funds.
Additionally, within Section 207, the home loan guarantee program introduces financial constraints and responsibilities. This section allows the Secretary to pledge grants for repayment, potentially impacting funds available for other projects. This could strain financial management within participating jurisdictions if these pledged grants preclude alternative funding uses. Moreover, the criteria for assessing 'unacceptable financial risk' are not explicit, leaving room for subjective judgment in financial decisions, which poses the risk of arbitrary prioritization of financial guarantees.
Discretionary Powers and Financial Risks
The vagueness inherent in phrases such as "or as otherwise determined acceptable by the Secretary" (Section 301) grants broad discretionary power regarding financial decisions. Without established criteria or guidelines, this power could lead to inconsistent decision-making and ambiguity about how funds are allocated, thereby complexifying financial management and planning for community housing development organizations.
Conclusion
Overall, while the bill proposes substantial financial resources for the HOME Investment Partnerships Program, there is an implicit expectation for greater financial transparency and justification behind the stated appropriations. The expansion of financial authorizations and establishment of a home loan guarantee program is a step towards robust support for affordable housing initiatives. However, clarity in funding distribution, criteria for financial risk assessment, and checks on discretionary power are essential to optimize financial stewardship and program effectiveness. Stakeholders would benefit considerably from more detailed financial planning and explicit criteria within the bill to ensure that the proposed financial resources are effectively and efficiently used.
Issues
The bill authorizes significant increases in appropriations each year without specific justification for the increases. There is no detailed breakdown of how these appropriations will be spent, which raises concerns about potential wasteful spending and lack of transparency. (Sections 101, 205)
The ability for the Secretary to apply proceeds of a pledged grant for repayment might reduce funds available for other grants or projects, affecting financial management in participating jurisdictions. (Section 207)
The phrase 'or as otherwise determined acceptable by the Secretary' gives broad discretionary power without clear established criteria, leading to ambiguity and potential arbitrariness in decisions related to community housing development organizations. (Section 301)
The elimination of a commitment deadline without justification may impact the efficiency and timelines of housing project financing, contributing to potential delays or misuse of funding. (Section 202)
The section dealing with 'reasonable return on investment' for property resale is vague and lacks clear criteria for what constitutes a 'reasonable return,' which might lead to inconsistent applications and interpretations. (Section 203)
The criteria for determining 'unacceptable financial risk' are not clarified, potentially leading to arbitrary decision-making regarding home loan guarantees. (Section 207)
Modification of rules related to community housing development organizations could create inefficiencies in fund allocation if funds are not invested within 24 months, as they become available to any jurisdiction without focusing on community housing development. (Section 301)
Increasing the program administration resources from '10 percent' to '15 percent' may indicate additional spending, which requires further justification to ensure it is not wasteful. (Section 102)
The removal of the term 'significant' might introduce ambiguity regarding participation required by community housing development organizations, leading to potential misinterpretation of requirements. (Section 301)
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; table of contents Read Opens in new tab
Summary AI
The "HOME Investment Partnerships Reauthorization and Improvement Act of 2024" is a bill that outlines updates and reforms to the HOME Investment Partnerships Program. It includes plans for increased administrative resources, modifications to eligibility and qualification rules, enhancements of housing program administration and enforcement, tenant protections, establishment of a home loan guarantee program, and technical corrections.
101. Reauthorization of Program Read Opens in new tab
Summary AI
The section authorizes specific amounts of money to be allocated each year from 2024 to 2028 for the Cranston-Gonzalez National Affordable Housing Act, starting at $5 billion in 2024 and increasing each year to over $6 billion by 2028.
Money References
- Section 205 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12724) is amended to read as follows: “SEC. 205. Authorization of appropriations. “There are authorized to be appropriated to carry out this title— “(1) $5,000,000,000 for fiscal year 2024; “(2) $5,250,000,000 for fiscal year 2025; “(3) $5,512,500,000 for fiscal year 2026; “(4) $5,788,125,000 for fiscal year 2027; and “(5) $6,077,531,250 for fiscal year 2028.”. ---
205. Authorization of appropriations Read Opens in new tab
Summary AI
The section authorizes a total of $27,628,156,250 to be appropriated over five fiscal years from 2024 to 2028, with specific amounts allocated each year starting at $5,000,000,000 in 2024 and increasing annually.
Money References
- There are authorized to be appropriated to carry out this title— (1) $5,000,000,000 for fiscal year 2024; (2) $5,250,000,000 for fiscal year 2025; (3) $5,512,500,000 for fiscal year 2026; (4) $5,788,125,000 for fiscal year 2027; and (5) $6,077,531,250 for fiscal year 2028. ---
102. Increase in Program administration resources Read Opens in new tab
Summary AI
The Cranston-Gonzalez National Affordable Housing Act is being updated to allow more funds for program administration, increasing the limit from 10% to 15%. Additionally, changes are made to section 220(b), clarifying the language about recognizing contributions and removing a specific paragraph.
103. Modifications of participating jurisdiction qualification threshold and process for reallocations Read Opens in new tab
Summary AI
The section modifies how jurisdictions qualify for participation and how reallocations are handled under the Cranston-Gonzalez National Affordable Housing Act. It introduces an inflation adjustment to the eligibility threshold starting in fiscal year 2025 and clarifies compliance requirements, while removing a specific paragraph related to exceptions.
104. Modification of jurisdictions eligible for reallocations Read Opens in new tab
Summary AI
The amendment to the Cranston-Gonzalez National Affordable Housing Act changes which areas can receive new housing funds. It now specifies that areas not meeting certain requirements may be excluded from receiving these reallocations, and that reallocations will be limited to the same type of entity unless otherwise noted.
201. Amendments to qualification as affordable housing Read Opens in new tab
Summary AI
The section amends the Cranston-Gonzalez National Affordable Housing Act to clarify exceptions for maintaining low-income affordability during foreclosures and when housing becomes financially unviable due to unexpected events. It also defines "small-scale housing" as having no more than four rental units and outlines specific conditions for such housing to qualify as affordable, including rent limits, occupancy by low-income families, non-discrimination against voucher holders, and ongoing compliance monitoring.
202. Elimination of commitment deadline Read Opens in new tab
Summary AI
The proposed changes to the Cranston-Gonzalez National Affordable Housing Act involve eliminating a commitment deadline by removing subsection (g) and renaming the following subsection, as well as making related adjustments to subdivision (c) by removing and renumbering paragraphs for clarity.
203. Reform of homeownership resale restrictions Read Opens in new tab
Summary AI
The text outlines amendments to the Cranston-Gonzalez National Affordable Housing Act, which focus on homeownership resale restrictions. It introduces conditions for who can buy restricted homes, how resale prices are determined, exceptions for community land trusts, and considerations for military personnel and heirs of deceased homeowners to continue or waive certain requirements.
204. Home property inspections Read Opens in new tab
Summary AI
The section updates the Cranston-Gonzalez National Affordable Housing Act to require participating jurisdictions to conduct on-site inspections to ensure homes meet housing codes and standards, with local governments checking compliance with local regulations and states checking compliance with a national standard. The results of these inspections must be included in performance reports and made available to the public.
205. Revisions to strengthen enforcement and penalties for noncompliance Read Opens in new tab
Summary AI
Section 205 amends the Cranston-Gonzalez National Affordable Housing Act to enhance enforcement and penalties for failing to follow the program's rules. It changes the section title, adds a clause specifying compliance period requirements, rephrases certain parts, and introduces a new penalty where payments to noncompliant jurisdictions can be reduced by the amount not used according to the program's regulations.
206. Tenant and participant protections for small-scale affordable housing Read Opens in new tab
Summary AI
The amendment to the Cranston-Gonzalez National Affordable Housing Act specifies that certain rules about how tenants are chosen do not apply to owners of small-scale affordable housing. This means these owners have more flexibility in how they select tenants.
207. Establishment of home loan guarantee program Read Opens in new tab
Summary AI
The text outlines a program where the U.S. government can guarantee loans for developing affordable housing by covering certain costs like property acquisition or construction. It includes details on eligibility, the limitations on loan amounts, and the conditions under which the government will offer this guarantee, ensuring the participating jurisdictions are able to secure financing for housing projects.
Money References
- , to the extent approved or provided in appropriation Acts, the Secretary shall enter into commitments to guarantee notes and obligations under this section with an aggregate principal amount of not more than— “(A) $2,000,000,000 for fiscal year 2023; and “(B) for each subsequent fiscal year, an amount that is increased for inflation as determined by the Secretary.
- — “(1) LIMIT ON OUTSTANDING OBLIGATIONS.—The total amount of outstanding obligations guaranteed on a cumulative basis by the Secretary under this section may not at any time exceed the greater of— “(A) $4,500,000,000; or “(B) such higher amount as may be authorized to be appropriated to carry out this section for a fiscal year. “
- “(B) ACTIONS TO ENSURE SUFFICIENT AUTHORITY.—If the Secretary finds under subparagraph (A) that 50 percent of the aggregate guarantee authority under paragraph (1) has been committed, the Secretary may— “(i) provide that a unit of general local government that receives a grant under section 211 may not receive more than $35,000,000 in guarantees under this section; or “(ii) submit to Congress a request for the enactment of legislation increasing the amount of the aggregate guarantee authority.
227. Guarantee and commitment to guarantee loans for acquisition of property Read Opens in new tab
Summary AI
The section describes how the Secretary of Housing can offer guarantees for loans to help communities develop affordable housing. It outlines conditions and limits for these guarantees, rules for repayment, and the Secretary's authority to ensure that these loans help in building or renovating affordable homes.
Money References
- (3) REPAYMENT PERIOD.—The Secretary may not deny a guarantee under this section on the basis of the proposed repayment period for the note or other obligation unless— (A) the period is more than 20 years; or (B) the Secretary determines that the period causes the guarantee to constitute an unacceptable financial risk. (4) AGGREGATE PRINCIPAL AMOUNT.—Notwithstanding any other provision of law and subject only to the absence of qualified applicants or proposed activities and to the authority provided in this section, to the extent approved or provided in appropriation Acts, the Secretary shall enter into commitments to guarantee notes and obligations under this section with an aggregate principal amount of not more than— (A) $2,000,000,000 for fiscal year 2023; and (B) for each subsequent fiscal year, an amount that is increased for inflation as determined by the Secretary. (c) Prerequisites.—The
- — (1) LIMIT ON OUTSTANDING OBLIGATIONS.—The total amount of outstanding obligations guaranteed on a cumulative basis by the Secretary under this section may not at any time exceed the greater of— (A) $4,500,000,000; or (B) such higher amount as may be authorized to be appropriated to carry out this section for a fiscal year. (2) MONITORING USE OF GUARANTEES.— (A) IN GENERAL.—The
- (B) ACTIONS TO ENSURE SUFFICIENT AUTHORITY.—If the Secretary finds under subparagraph (A) that 50 percent of the aggregate guarantee authority under paragraph (1) has been committed, the Secretary may— (i) provide that a unit of general local government that receives a grant under section 211 may not receive more than $35,000,000 in guarantees under this section; or (ii) submit to Congress a request for the enactment of legislation increasing the amount of the aggregate guarantee authority.
301. Modification of rules related to community housing development organizations Read Opens in new tab
Summary AI
The section modifies the Cranston-Gonzalez National Affordable Housing Act by redefining what a "community land trust" means, emphasizing its nonprofit status and role in providing long-term affordable housing. It also changes how funds for community housing development must be handled if left uninvested for 24 months, allowing them to be used for other eligible activities if they go unused by community organizations.
401. Technical corrections Read Opens in new tab
Summary AI
The section makes technical corrections to the Cranston-Gonzalez National Affordable Housing Act, such as updating references to other laws, correcting terminology, and adjusting dollar amounts in various provisions. It clarifies language, corrects numbering errors, and updates committee names to reflect current structures.
Money References
- The Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et seq.) is amended— (1) in section 104 (42 U.S.C. 12704)— (A) by redesignating paragraph (23) (relating to the definition of the term “to demonstrate to the Secretary”) as paragraph (22); and (B) by redesignating paragraph (24) (relating to the definition of the term “insular area”, as added by section 2(2) of Public Law 102–230) as paragraph (23); (2) in section 105(b) (42 U.S.C. 12705(b))— (A) in paragraph (7), by striking “Stewart B. McKinney Homeless Assistance Act” and inserting “McKinney-Vento Homeless Assistance Act”; and (B) in paragraph (8), by striking “subparagraphs” and inserting “paragraphs”; (3) in section 106 (42 U.S.C. 12706), by striking “Stewart B. McKinney Homeless Assistance Act” and inserting “McKinney-Vento Homeless Assistance Act”; (4) in section 108(a)(1) (42 U.S.C. 12708(a)(1)), by striking “section 105(b)(15)” and inserting “section 105(b)(18)”; (5) in section 212 (42 U.S.C. 12742)— (A) in subsection (a)— (i) in paragraph (3)(A)(ii), by inserting “United States” before “Housing Act”; and (ii) by redesignating paragraph (5) as paragraph (4); (B) in subsection (d)(5), by inserting “United States” before “Housing Act”; and (C) in subsection (e)(1)— (i) by striking “section 221(d)(3)(ii)” and inserting “section 221(d)(4)”; and (ii) by striking “not to exceed 140 percent” and inserting “as determined by the Secretary”; (6) in section 215(a)(6)(B) (42 U.S.C. 20 12745(a)(6)(B)), by striking “grand children” and inserting “grandchildren”; (7) in section 217 (42 U.S.C. 12747)— (A) in subsection (a)— (i) in paragraph (1), by striking “(3)” and inserting “(2)”; (ii) by striking paragraph (3), as added by section 211(a)(2)(D) of the Housing and Community Development Act of 1992 (Public Law 102–550; 106 Stat. 3756); and (iii) by redesignating the remaining paragraph (3), as added by the matter under the heading “Home investment partnerships program” under the heading “Housing programs” in title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1993 (Public Law 102–389; 106 Stat. 1581), as paragraph (2); and (B) in subsection (b)— (i) in paragraph (1)— (I) in the first sentence of subparagraph (A)— (aa) by striking “in regulation” and inserting “, by regulation,”; and (bb) by striking “eligible jurisdiction” and inserting “eligible jurisdictions”; and (II) in subparagraph (F)— (aa) in the first sentence— (AA) in clause (i), by striking “Subcommittee on Housing and Urban Affairs” and inserting “Subcommittee on Housing, Transportation, and Community Development”; and (BB) in clause (ii), by striking “Subcommittee on Housing and Community Development of the Committee on Banking, Finance and Urban Affairs” and inserting “Subcommittee on Housing and Insurance of the Committee on Financial Services”; and (bb) in the second sentence, by striking “the Committee on Banking, Finance and Urban Affairs of the House of Representatives” and inserting “the Committee on Financial Services of the House of Representatives”; (ii) in paragraph (2)(B), by striking “$500,000” each place that term appears and inserting “$750,000”; (iii) in paragraph (3)— (I) by striking “$500,000” each place that term appears and inserting “$750,000”; and (II) by striking “, except as provided in paragraph (4)”; and (iv) by striking paragraph (4); (8) in section 220(c) (42 U.S.C. 12750(c))— (A) in paragraph (3), by striking “Secretary” and all that follows and inserting “Secretary;”; (B) in paragraph (4), by striking “under this title” and all that follows and inserting “under this title;”; and (C) by redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7), respectively; (9) in section 225(d)(4)(B) (42 U.S.C. 12755(d)(4)(B)), by striking “for” the first place that term appears; and (10) in section 283 (42 U.S.C. 12833)— (A) in subsection (a), by striking “Banking, Finance and Urban Affairs” and inserting “Financial Services”; and (B) in subsection (b), by striking “General Accounting Office” each place that term appears and inserting “Government Accountability Office”. ---