II 

115TH CONGRESS 

1ST SESSION S. 103 

To nullify certain regulations and notices of the Department of Housing 

and Urban Development, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 11, 2017 

Mr. LEE (for himself and Mr. RUBIO) introduced the following bill; which was 

read twice and referred to the Committee on Banking, Housing, and 

Urban Affairs 

A BILL 

To nullify certain regulations and notices of the Department 

of Housing and Urban Development, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Local Zoning Decisions 

5 Protection Act of 2017’’. 

6 SEC. 2. NULLIFICATION OF RULES AND NOTICES. 

7 (a) FINAL RULE.—The final rule of the Department 

8 of Housing and Urban Development entitled ‘‘Affirma9 tively Furthering Fair Housing’’, published in the Federal 

10 Register on July 16, 2015 (80 Fed. Reg. 42272; Docket 


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1 No. FR–5173–F–04), and any successor rule that is sub2 stantially similar to such final rule shall have no force or 

3 effect. 

4 (b) NOTICE.—The notice of the Department of Hous5 ing and Urban Development relating to the Affirmatively 

6 Furthering Fair Housing Assessment Tool, published in 

7 the Federal Register on December 31, 2015 (80 Fed. Reg. 

8 81840; Docket No. FR–5173–N–07), and any successor 

9 notice or rule substantially similar to such notice shall 

10 have no force or effect. 

11 SEC. 3. PROHIBITION ON USE OF FEDERAL FUNDS. 

12 Notwithstanding any other provision of law, no Fed13 eral funds may be used to design, build, maintain, utilize, 

14 or provide access to a Federal database of geospatial infor15 mation on community racial disparities or disparities in 

16 access to affordable housing. 

17 SEC. 4. FEDERALISM CONSULTATION AND REPORT. 

18 (a) IN GENERAL.—The Secretary of Housing and 

19 Urban Development shall jointly consult with State offi20 cials, local government officials, and officials of public 

21 housing agencies to develop recommendations, consistent 

22 with applicable rulings of the Supreme Court of the 

23 United States, to further the purposes and policies of the 

24 Fair Housing Act. 


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1 (b) CONSULTATION REQUIREMENTS.—In developing 

2 the recommendations required under subsection (a), the 

3 Secretary shall— 

4 (1) provide State officials, local government of5 ficials, and officials of public housing agencies with 

6 notice and an opportunity to participate in the con7 sultation process required under subsection (a); 

8 (2) seek to consult with State officials, local 

9 government officials, and officials of public housing 

10 agencies that represent a broad cross-section of re11 gional, economic, and geographic perspectives in the 

12 United States; 

13 (3) emphasize the importance of collaboration 

14 with and among the State officials, local government 

15 officials, and officials of public housing agencies; 

16 (4) allow for meaningful and timely input by 

17 State officials, local government officials, and offi18 cials of public housing agencies; 

19 (5) promote transparency in the consultation 

20 process required under subsection (a); and 

21 (6) explore with State officials, local govern22 ment officials, and officials of public housing agen23 cies whether Federal objectives under the Fair 

24 Housing Act can be attained by means other than 

25 through new regulations. 


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1 (c) REPORTS.— 

2 (1) IN GENERAL.—Not later than 12 months 

3 after the date of the enactment of this Act, the Sec4 retary shall publish in the Federal Register a draft 

5 report describing the recommendations developed 

6 pursuant to subsection (a). 

7 (2) CONSENSUS REQUIREMENT.—The Secretary 

8 may include a recommendation in the draft report 

9 only if consensus has been reached with regard to 

10 the recommendation among the Secretary, the State 

11 officials, local government officials, and officials of 

12 public housing agencies consulted pursuant to sub13 section (a). 

14 (3) FAILURE TO REACH CONSENSUS.—If the 

15 Secretary, State officials, local government officials, 

16 and officials of public housing agencies consulted 

17 under subsection (a) fail to reach consensus on a 

18 regulatory proposal, the draft report shall identify 

19 that consensus was not reached and shall describe— 

20 (A) the areas and issues with regard to 

21 which consensus was reached; 

22 (B) the areas and issues of continuing dis23 agreement that resulted in the failure to reach 

24 consensus; and 


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1 (C) the reasons for the continuing dis2 agreements. 

3 (4) PUBLIC REVIEW AND COMMENT PERIOD.— 

4 The Secretary shall make the draft report available 

5 for public review and comment for a period of not 

6 fewer than 180 days. 

7 (5) FINAL REPORT.—The Secretary shall, in 

8 consultation with the State officials, local govern9 ment officials, and officials of public housing agen10 cies, address any comments received pursuant to 

11 paragraph (4) and shall prepare a final report de12 scribing the final results of the consultation process 

13 under subsection (a). 

14 (d) SUBMISSION OF FINAL REPORT.—Not later than 

15 12 months after the date of enactment of this Act, the 

16 Secretary shall make publicly available online the final re17 port prepared pursuant to subsection (c)(5). 

18 (e) DEFINITIONS.—In this Act, the following defini19 tions apply: 

20 (1) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Housing and Urban Development. 

22 (2) LOCAL GOVERNMENT OFFICIAL.—The term 

23 ‘‘local government official’’ means an elected or pro24 fessional official of a local government or an official 


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1 of a regional or national organization representing 

2 local governments or officials. 

3 (3) STATE OFFICIAL.—The term ‘‘State offi4 cial’’ means an elected or professional official of a 

5 State government or an official of a regional or na6 tional organization representing State governments 

7 or officials. 

8 (4) PUBLIC HOUSING AGENCY.—The term 

9 ‘‘public housing agency’’ has the meaning given such 

10 term in section 3(b) of the United States Housing 

11 Act of 1937 (42 U.S.C. 1437a(b)). 

Æ 


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