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 fol-
lowing 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Build More Housing 
Near Transit Act of 2023’’. 
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SEC. 2. AFFORDABLE HOUSING INCENTIVES IN CAPITAL IN-
VESTMENT GRANTS. 
Section 5309 of title 49, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by redesignating paragraph (6) as 
paragraph (7); and 
(B) by inserting after paragraph (5) the 
following: 
‘‘(6) PRO-HOUSING
POLICY.—The term ‘pro- 
housing policy’— 
‘‘(A) means any State or local action that 
will remove regulatory barriers to the construc-
tion or preservation of housing units, including 
affordable housing units; and 
‘‘(B) shall include any State or local action 
that— 
‘‘(i) reduces or eliminates parking 
minimums; 
‘‘(ii) establishes a by-right approval 
process for multi-family housing under 
which land use development approval is 
limited to determining that the develop-
ment meets objective zoning and design 
standards that— 
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‘‘(I) involve no subjective judg-
ment by a public official; 
‘‘(II) are uniformly verifiable by 
reference to an external and uniform 
benchmark or criterion available to 
both the land use developer and the 
public official prior to submission; and 
‘‘(III) include only such stand-
ards as are published and adopted by 
ordinance or resolution by a jurisdic-
tion before submission of a develop-
ment application; 
‘‘(iii) reduces or eliminates minimum 
lot sizes; 
‘‘(iv) commits substantial publicly-held 
real property to the development or preser-
vation of housing that includes a substan-
tial number of dwelling units affordable to 
low-income households; 
‘‘(v) eliminates or raises residential 
property height limits or increases the 
number of dwelling units permitted to be 
constructed under a by-right approval 
process; and 
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‘‘(vi) carries out other policies as de-
termined by the Secretary, in consultation 
with the Secretary of Housing and Urban 
Development.’’; 
(2) in subsection (g)(2), by adding at the end 
the following: 
‘‘(D) ELIGIBILITY
FOR
ADJUSTMENT
OF 
RATING FOR PROJECT JUSTIFICATION CRITERIA 
FOR
PRO-HOUSING
POLICIES.—In evaluating 
and rating a project as a whole for project jus-
tification under subparagraph (A), the Sec-
retary may increase 1 point on the 5-point scale 
(high, medium-high, medium, medium-low, or 
low) the rating of a project if the applicant sub-
mits documented evidence of pro-housing poli-
cies for areas located within walking distance 
of, and accessible to, transit facilities along the 
project route. 
‘‘(E) CONSULTATION.—In awarding the in-
creased rating described in subparagraph (D), 
the Secretary shall consult with the Secretary 
of Housing and Urban Development to develop 
the methodology to evaluate, as feasible, the ex-
tent to which the pro-housing policies docu-
mented by the applicant will result, through 
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new production and preservation, in an amount 
of housing units, including housing units af-
fordable below the area median income, that is 
appropriate to expected housing demand in the 
project area over the life of the project.’’; and 
(3) in subsection (o)— 
(A) in paragraph (1)— 
(i) in subparagraph (B), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (C), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(D) information concerning projects for 
which the applicant submitted pro-housing poli-
cies under subsection (g)(2)(D) and received an 
adjustment of rating for project justification, 
including the pro-housing policies submitted 
and the amount of housing units expected 
through new production and preservation, in-
cluding affordable housing, as a result of the 
expected results of the policies, as measured 
under subsection (g)(2)(E).’’. 
Æ 
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