I 

118TH CONGRESS 

1ST SESSION H. R. 6199 

To amend title 49, United States Code, to include affordable housing 

incentives in certain capital investment grants, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 2, 2023 

Mr. PETERS (for himself, Mrs. RODGERS of Washington, Ms. STRICKLAND, 

Mr. KILMER, Mr. BERA, Mr. BLUMENAUER, Ms. DEAN of Pennsylvania, 

Mr. ROBERT GARCIA of California, Mr. JACKSON of North Carolina, Mr. 

KRISHNAMOORTHI, Ms. SCHRIER, and Mr. TRONE) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure 

A BILL 

To amend title 49, United States Code, to include affordable 

housing incentives in certain capital investment grants, 

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 ‘‘Build More Housing 

5 Near Transit Act of 2023’’. 


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1 SEC. 2. AFFORDABLE HOUSING INCENTIVES IN CAPITAL IN2 VESTMENT GRANTS. 

3 Section 5309 of title 49, United States Code, is 

4 amended— 

5 (1) in subsection (a)— 

6 (A) by redesignating paragraph (6) as 

7 paragraph (7); and 

8 (B) by inserting after paragraph (5) the 

9 following: 

10 ‘‘(6) PRO-HOUSING POLICY.—The term ‘pro11 housing policy’— 

12 ‘‘(A) means any State or local action that 

13 will remove regulatory barriers to the construc14 tion or preservation of housing units, including 

15 affordable housing units; and 

16 ‘‘(B) shall include any State or local action 

17 that— 

18 ‘‘(i) reduces or eliminates parking 

19 minimums; 

20 ‘‘(ii) establishes a by-right approval 

21 process for multi-family housing under 

22 which land use development approval is 

23 limited to determining that the develop24 ment meets objective zoning and design 

25 standards that— 


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1 ‘‘(I) involve no subjective judg2 ment by a public official; 

3 ‘‘(II) are uniformly verifiable by 

4 reference to an external and uniform 

5 benchmark or criterion available to 

6 both the land use developer and the 

7 public official prior to submission; and 

8 ‘‘(III) include only such stand9 ards as are published and adopted by 

10 ordinance or resolution by a jurisdic11 tion before submission of a develop12 ment application; 

13 ‘‘(iii) reduces or eliminates minimum 

14 lot sizes; 

15 ‘‘(iv) commits substantial publicly-held 

16 real property to the development or preser17 vation of housing that includes a substan18 tial number of dwelling units affordable to 

19 low-income households; 

20 ‘‘(v) eliminates or raises residential 

21 property height limits or increases the 

22 number of dwelling units permitted to be 

23 constructed under a by-right approval 

24 process; and 


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1 ‘‘(vi) carries out other policies as de2 termined by the Secretary, in consultation 

3 with the Secretary of Housing and Urban 

4 Development.’’; 

5 (2) in subsection (g)(2), by adding at the end 

6 the following: 

7 ‘‘(D) ELIGIBILITY FOR ADJUSTMENT OF

8 RATING FOR PROJECT JUSTIFICATION CRITERIA

9 FOR PRO-HOUSING POLICIES.—In evaluating 

10 and rating a project as a whole for project jus11 tification under subparagraph (A), the Sec12 retary may increase 1 point on the 5-point scale 

13 (high, medium-high, medium, medium-low, or 

14 low) the rating of a project if the applicant sub15 mits documented evidence of pro-housing poli16 cies for areas located within walking distance 

17 of, and accessible to, transit facilities along the 

18 project route. 

19 ‘‘(E) CONSULTATION.—In awarding the in20 creased rating described in subparagraph (D), 

21 the Secretary shall consult with the Secretary 

22 of Housing and Urban Development to develop 

23 the methodology to evaluate, as feasible, the ex24 tent to which the pro-housing policies docu25 mented by the applicant will result, through 


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1 new production and preservation, in an amount 

2 of housing units, including housing units af3 fordable below the area median income, that is 

4 appropriate to expected housing demand in the 

5 project area over the life of the project.’’; and 

6 (3) in subsection (o)— 

7 (A) in paragraph (1)— 

8 (i) in subparagraph (B), by striking 

9 ‘‘and’’ at the end; 

10 (ii) in subparagraph (C), by striking 

11 the period at the end and inserting ‘‘; 

12 and’’; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(D) information concerning projects for 

16 which the applicant submitted pro-housing poli17 cies under subsection (g)(2)(D) and received an 

18 adjustment of rating for project justification, 

19 including the pro-housing policies submitted 

20 and the amount of housing units expected 

21 through new production and preservation, in22 cluding affordable housing, as a result of the 

23 expected results of the policies, as measured 

24 under subsection (g)(2)(E).’’. 

Æ 


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