[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2753 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2753
To require a housing impact analysis of any new rule of a Federal
agency that has an economic impact of $100,000,000 or more.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 2, 2001
Mr. Green of Wisconsin (for himself, Ms. Velazquez, Mr. Schaffer, Mr.
Jones of North Carolina, Mr. Rush, Mr. Gonzalez, and Mr. Souder)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To require a housing impact analysis of any new rule of a Federal
agency that has an economic impact of $100,000,000 or more.
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 ``Housing Affordability Assurance
Act''.
SEC. 2. HOUSING IMPACT ANALYSIS.
(a) Applicability.--Except as provided in subsection (b), the
requirements of this section shall apply with respect to--
(1) any proposed rule, unless the agency promulgating the
rule--
(A) has certified that the proposed rule will not,
if given force or effect as a final rule, have a
significant deleterious impact on housing
affordability; and
(B) has caused such certification to be published
in the Federal Register at the time of publication of
general notice of proposed rulemaking for the rule,
together with a statement providing the factual basis
for the certification; and
(2) any final rule, unless the agency promulgating the
rule--
(A) has certified that the rule will not, if given
force or effect, have a significant deleterious impact
on housing affordability; and
(B) has caused such certification to be published
in the Federal Register at the time of publication of
the final rule, together with a statement providing the
factual basis for the certification.
Any agency making a certification under this subsection shall provide a
copy of such certification and the statement providing the factual
basis for the certification to the Secretary of Housing and Urban
Development.
(b) Exception for Certain Banking Rules.--The requirements of this
section shall not apply to any proposed or final rule relating to--
(1) the operations, safety, or soundness of--
(A) federally insured depository institutions or
any affiliate of such an institution (as such term is
defined in section 2(k) of the Bank Holding Company Act
of 1956 (12 U.S.C. 1841(k));
(B) credit unions;
(C) the Federal home loan banks;
(D) the enterprises (as such term is defined in
section 1303 of the Housing and Community Development
Act of 1992 (12 U.S.C. 4502);
(E) a Farm Credit System institution; or
(F) foreign banks or their branches, agencies,
commercial lending companies, or representative offices
that operate in the United States, or any affiliate of
a foreign bank (as such terms are defined in section 1
of the International Banking Act of 1978 (12 U.S.C.
3101); or
(2) the payments system or the protection of deposit
insurance funds or the Farm Credit Insurance Fund.
(c) Statement of Proposed Rulemaking.--Whenever an agency publishes
general notice of proposed rulemaking for any proposed rule, unless the
agency has made a certification under subsection (a), the agency
shall--
(1) in the notice of proposed rulemaking--
(A) state with particularity the text of the
proposed rule; and
(B) request any interested persons to submit to the
agency any written analyses, data, views, and
arguments, and any specific alternatives to the
proposed rule;
(2) provide an opportunity for interested persons to take
the actions specified under paragraph (1)(B) before
promulgation of the final rule; and
(3) prepare and make available for public comment an
initial housing impact analysis in accordance with the
requirements of subsection (d).
(d) Initial Housing Impact Analysis.--
(1) Requirements.--Each initial housing impact analysis
shall describe the impact of the proposed rule on housing
affordability. The initial housing impact analysis or a summary
shall be published in the Federal Register at the same time as,
and together with, the publication of general notice of
proposed rulemaking for the rule. The agency shall transmit a
copy of the initial housing impact analysis to the Secretary of
Housing and Urban Development.
(2) Contents.--Each initial housing impact analysis
required under this subsection shall contain--
(A) a description of the reasons why action by the
agency is being considered;
(B) a succinct statement of the objectives of, and
legal basis for, the proposed rule;
(C) a description of and, where feasible, an
estimate of the extent to which the proposed rule would
increase the cost or reduce the supply of housing or
land for residential development; and
(D) an identification, to the extent practicable,
of all relevant Federal rules which may duplicate,
overlap, or conflict with the proposed rule.
(e) Final Housing Impact Analysis.--
(1) Requirement.--Whenever an agency promulgates a final
rule after publication of a general notice of proposed
rulemaking, unless the agency has made the certification under
subsection (a), the agency shall prepare a final housing impact
analysis.
(2) Contents.--Each final housing impact analysis shall
contain--
(A) a succinct statement of the need for, and
objectives of, the rule;
(B) a summary of the significant issues, analyses,
and alternatives to the proposed rule raised during the
public comment period in response to the proposed rule
and initial housing impact analysis, a summary of the
assessment of the agency of such issues, analyses, and
alternatives, and a statement of any changes made in
the proposed rule as a result of such comments; and
(C) a description of and an estimate of the extent
to which the rule will impact housing affordability or
an explanation of why no such estimate is available.
(3) Availability.--The agency shall make copies of the
final housing impact analysis available to members of the
public and shall publish in the Federal Register such analysis
or a summary thereof.
(f) Avoidance of Duplicative or Unnecessary Analyses.--
(1) Duplication.--Any Federal agency may perform the
analyses required by subsections (d) and (e) in conjunction
with or as a part of any other agenda or analysis required by
any other law, executive order, directive, or rule if such
other analysis satisfies the provisions of such subsections.
(2) Joinder.--In order to avoid duplicative action, an
agency may consider a series of closely related rules as one
rule for the purposes of subsections (d) and (e).
(g) Preparation of Analyses.--In complying with the provisions of
subsections (d) and (e), an agency may provide either a quantifiable or
numerical description of the effects of a proposed rule or alternatives
to the proposed rule, or more general descriptive statements if
quantification is not practicable or reliable.
(h) Effect on Other Law.--The requirements of subsections (d) and
(e) do not alter in any manner standards otherwise applicable by law to
agency action.
(i) Procedure for Waiver or Delay of Completion.--
(1) Initial housing impact analysis.--An agency head may
waive or delay the completion of some or all of the
requirements of subsection (d) by publishing in the Federal
Register, not later than the date of publication of the final
rule, a written finding, with reasons therefor, that the final
rule is being promulgated in response to an emergency that
makes compliance or timely compliance with the provisions of
subsection (a) impracticable.
(2) Final housing impact analysis.--An agency head may not
waive the requirements of subsection (e). An agency head may
delay the completion of the requirements of subsection (e) for
a period of not more than 180 days after the date of
publication in the Federal Register of a final rule by
publishing in the Federal Register, not later than such date of
publication, a written finding, with reasons therefor, that the
final rule is being promulgated in response to an emergency
that makes timely compliance with the provisions of subsection
(e) impracticable. If the agency has not prepared a final
housing impact analysis pursuant to subsection (e) within 180 days from
the date of publication of the final rule, such rule shall lapse and
have no force or effect. Such rule shall not be repromulgated until a
final housing impact analysis has been completed by the agency.
(j) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Housing affordability.--The term ``housing
affordability'' means the quantity of housing that is
affordable to families having incomes that do not exceed 150
percent of the median income of families in the area in which
the housing is located, with adjustments for smaller and larger
families. For purposes of this paragraph, area, median family
income for an area, and adjustments for family size shall be
determined in the same manner as such factors are determined
for purposes of section 3(b)(2) of the United States Housing
Act of 1937.
(2) Agency.--The term ``agency'' means each authority of
the Government of the United States, whether or not it is
within or subject to review by another agency, but does not
include--
(A) the Congress;
(B) the courts of the United States;
(C) the governments of the territories or
possessions of the United States;
(D) the government of the District of Columbia;
(E) agencies composed of representatives of the
parties or of representatives of organizations of the
parties to the disputes determined by them;
(F) courts-martial and military commissions;
(G) military authority exercised in the field in
time of war or in occupied territory; or
(H) functions conferred by--
(i) sections 1738, 1739, 1743, and 1744 of
title 12, United States Code;
(ii) chapter 2 of title 41, United States
Code;
(iii) subchapter II of chapter 471 of title
49, United States Code; or
(iv) sections 1884, 1891-1902, and former
section 1641(b)(2), of title 50, appendix,
United States Code.
(3) Families.--The term ``families'' has the meaning given
such term in section 3 of the United States Housing Act of
1937.
(4) Rule.--The term ``rule'' means any rule for which the
agency publishes a general notice of proposed rulemaking
pursuant to section 553(b) of title 5, United States Code, or
any other law, including any rule of general applicability
governing grants by an agency to State and local governments
for which the agency provides an opportunity for notice and
public comment; except that such term does not include a rule
of particular applicability relating to rates, wages, corporate
or financial structures or reorganizations thereof, prices,
facilities, appliances, services, or allowances therefor or to
valuations, costs or accounting, or practices relating to such
rates, wages, structures, prices, appliances, services, or
allowances.
(5) Significant.--The term ``significant'' means increasing
consumers' cost of housing by more than $100,000,000 per year.
(k) Development.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Housing and Urban Development
shall develop model initial and final housing impact analyses under
this section and shall cause such model analyses to be published in the
Federal Register. The model analyses shall define the primary elements
of a housing impact analysis to instruct other agencies on how to carry
out and develop the analyses required under subsections (d) and (e).
(l) Judicial Review.--
(1) Determination by agency.--Except as otherwise provided
in paragraph (2), any determination by an agency concerning the
applicability of any of the provisions of this Act to any
action of the agency shall not be subject to judicial review.
(2) Other actions by agency.--Any housing impact analysis
prepared under subsection (d) or (e) and the compliance or
noncompliance of the agency with the provisions of this Act
shall not be subject to judicial review. When an action for
judicial review of a rule is instituted, any housing impact
analysis for such rule shall constitute part of the whole
record of agency action in connection with the review.
(3) Exception.--Nothing in this subsection bars judicial
review of any other impact statement or similar analysis
required by any other law if judicial review of such statement
or analysis is otherwise provided by law.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Commercial and Administrative Law.
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