II 119THCONGRESS 1 STSESSION S. 1174 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 MARCH27, 2025 Mr. L EEintroduced 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. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Local Zoning Decisions 4 Protection Act of 2025’’. 5 SEC. 2. NULLIFICATION OF RULES AND NOTICES. 6 (a) P ROPOSEDRULE.—The proposed rule of the De-7 partment of Housing and Urban Development entitled 8 ‘‘Affirmatively Furthering Fair Housing’’, published in 9 the Federal Register on February 9, 2023 (88 Fed. Reg. 10 VerDate Sep 11 2014 00:34 Apr 02, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1174.IS S1174 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 1174 IS 8516; Docket No. FR–6250–P–01), and any successor 1 rule that is substantially similar to such proposed rule 2 shall have no force or effect. 3 (b) I NTERIMFINALRULE.—The interim final rule 4 of the Department of Housing and Urban Development 5 entitled ‘‘Restoring Affirmatively Furthering Fair Hous-6 ing Definitions and Certifications’’, published in the Fed-7 eral Register on June 10, 2021 (86 Fed. Reg. 30779; 8 Docket No. FR–6249–I–01), and any successor rule that 9 is substantially similar to such interim final rule shall have 10 no force or effect. 11 (c) F INALRULE.—The final rule of the Department 12 of Housing and Urban Development entitled ‘‘Affirma-13 tively Furthering Fair Housing’’, published in the Federal 14 Register on July 16, 2015 (80 Fed. Reg. 42272; Docket 15 No. FR–5173–F–04), and any successor rule that is sub-16 stantially similar to such final rule shall have no force or 17 effect. 18 (d) N OTICE.—The notice of the Department of Hous-19 ing and Urban Development relating to the Affirmatively 20 Furthering Fair Housing Assessment Tool, published in 21 the Federal Register on December 31, 2015 (80 Fed. Reg. 22 81840; Docket No. FR–5173–N–07), and any successor 23 notice or rule substantially similar to such notice shall 24 have no force or effect. 25 VerDate Sep 11 2014 00:34 Apr 02, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1174.IS S1174 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 1174 IS SEC. 3. PROHIBITION ON USE OF FEDERAL FUNDS. 1 Notwithstanding any other provision of law, no Fed-2 eral funds may be used to design, build, maintain, utilize, 3 or provide access to a Federal database of geospatial infor-4 mation on community racial disparities or disparities in 5 access to affordable housing. 6 SEC. 4. FEDERALISM CONSULTATION AND REPORT. 7 (a) I NGENERAL.—The Secretary shall jointly consult 8 with State officials, local government officials, and offi-9 cials of public housing agencies to develop recommenda-10 tions, consistent with applicable rulings of the Supreme 11 Court of the United States, to further the purposes and 12 policies of the Fair Housing Act (42 U.S.C. 3601 et seq.). 13 (b) C ONSULTATIONREQUIREMENTS.—In developing 14 the recommendations required under subsection (a), the 15 Secretary shall— 16 (1) provide State officials, local government of-17 ficials, and officials of public housing agencies with 18 notice and an opportunity to participate in the con-19 sultation process required under subsection (a); 20 (2) seek to consult with State officials, local 21 government officials, and officials of public housing 22 agencies that represent a broad cross-section of re-23 gional, economic, and geographic perspectives in the 24 United States; 25 VerDate Sep 11 2014 00:34 Apr 02, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1174.IS S1174 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •S 1174 IS (3) emphasize the importance of collaboration 1 with and among the State officials, local government 2 officials, and officials of public housing agencies; 3 (4) allow for meaningful and timely input by 4 State officials, local government officials, and offi-5 cials of public housing agencies; 6 (5) promote transparency in the consultation 7 process required under subsection (a); and 8 (6) explore with State officials, local govern-9 ment officials, and officials of public housing agen-10 cies whether Federal objectives under the Fair 11 Housing Act can be attained by means other than 12 through new regulations. 13 (c) R EPORTS.— 14 (1) I N GENERAL.—Not later than 12 months 15 after the date of enactment of this Act, the Sec-16 retary shall publish in the Federal Register a draft 17 report describing the recommendations developed 18 pursuant to subsection (a). 19 (2) C ONSENSUS REQUIREMENT .—The Secretary 20 may include a recommendation in the draft report 21 only if consensus has been reached with regard to 22 the recommendation among the Secretary, the State 23 officials, local government officials, and officials of 24 VerDate Sep 11 2014 00:34 Apr 02, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1174.IS S1174 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •S 1174 IS public housing agencies consulted pursuant to sub-1 section (a). 2 (3) F AILURE TO REACH CONSENSUS .—If the 3 Secretary, State officials, local government officials, 4 and officials of public housing agencies consulted 5 under subsection (a) fail to reach consensus on a 6 regulatory proposal, the draft report shall identify 7 that consensus was not reached and shall describe— 8 (A) the areas and issues with regard to 9 which consensus was reached; 10 (B) the areas and issues of continuing dis-11 agreement that resulted in the failure to reach 12 consensus; and 13 (C) the reasons for the continuing dis-14 agreements. 15 (4) P UBLIC REVIEW AND COMMENT PERIOD .— 16 The Secretary shall make the draft report available 17 for public review and comment for a period of not 18 fewer than 180 days. 19 (5) F INAL REPORT.—The Secretary shall, in 20 consultation with the State officials, local govern-21 ment officials, and officials of public housing agen-22 cies, address any comments received pursuant to 23 paragraph (4) and shall prepare a final report de-24 VerDate Sep 11 2014 00:34 Apr 02, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1174.IS S1174 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •S 1174 IS scribing the final results of the consultation process 1 under subsection (a). 2 (d) S UBMISSION OFFINALREPORT.—Not later than 3 12 months after the date of enactment of this Act, the 4 Secretary shall make publicly available online the final re-5 port prepared pursuant to subsection (c)(5). 6 (e) D EFINITIONS.—In this section, the following defi-7 nitions apply: 8 (1) S ECRETARY.—The term ‘‘Secretary’’ means 9 the Secretary of Housing and Urban Development. 10 (2) L OCAL GOVERNMENT OFFICIAL .—The term 11 ‘‘local government official’’ means an elected or pro-12 fessional official of a local government or an official 13 of a regional or national organization representing 14 local governments or officials. 15 (3) S TATE OFFICIAL.—The term ‘‘State offi-16 cial’’ means an elected or professional official of a 17 State government or an official of a regional or na-18 tional organization representing State governments 19 or officials. 20 (4) P UBLIC HOUSING AGENCY .—The term 21 ‘‘public housing agency’’ has the meaning given such 22 term in section 3(b) of the United States Housing 23 Act of 1937 (42 U.S.C. 1437a(b)). 24 Æ VerDate Sep 11 2014 00:34 Apr 02, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S1174.IS S1174 kjohnson on DSK7ZCZBW3PROD with $$_JOB