HouseH.R. 10856119th Congress

LIHTC Security Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10856 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                               H. R. 10856

  To amend the Internal Revenue Code of 1986 to prevent certain alien 
  individuals from occupying low-income units of qualified low-income 
                           housing projects.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 22, 2026

 Mr. Arrington (for himself, Ms. Van Duyne, and Mr. Steube) introduced 
  the following bill; which was referred to the Committee on Ways and 
                                 Means

_______________________________________________________________________

                                 A BILL

 
  To amend the Internal Revenue Code of 1986 to prevent certain alien 
  individuals from occupying low-income units of qualified low-income 
                           housing projects.

    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 ``LIHTC Security Act''.

SEC. 2. CERTAIN ALIEN INDIVIDUALS PREVENTED FROM OCCUPYING LOW-INCOME 
              UNITS OF QUALIFIED LOW-INCOME HOUSING PROJECTS.

    (a) In General.--Section 42(c) of the Internal Revenue Code of 1986 
is amended by adding at the end the following new paragraph:
            ``(3) Occupancy requirement with respect to certain alien 
        individuals.--
                    ``(A) In general.--No credit shall be determined 
                under subsection (a) with respect to any qualified low-
                income building for any taxable year unless, during the 
                calendar year preceding the calendar year in which, or 
                with which, such taxable year begins, all relevant low-
                income units of such building meet the occupancy 
                requirement described in subparagraph (B) determined, 
                with respect to each such unit, as of the beginning any 
                lease term of such unit that begins in or with such 
                calendar year.
                    ``(B) Occupancy requirement.--A unit meets the 
                occupancy requirement of this subparagraph if no 
                occupant of such unit is an alien individual who is not 
                described in one of the paragraphs of section 214(a) of 
                the Housing and Community Development Act of 1980.
                    ``(C) Relevant low-income unit.--For purposes of 
                this paragraph, the term `relevant low-income unit' 
                means, with respect to any qualified low-income 
                building, each low-income unit of such building taken 
                into account in determining the applicable fraction 
                with respect to such building under paragraph (1).
                    ``(D) State election to reduce housing credit 
                dollar amount in lieu of occupancy requirement.--
                Subparagraph (A) shall not apply to any qualified low-
                income building for any taxable year if the State in 
                which such building is located does not have an 
                election in effect under section 42(h)(3)(J)(ii) for 
                the calendar year in which, or with which, such taxable 
                year begins.
                    ``(E) Transition rule.--
                            ``(i) In general.--In the case of any 
                        transition-eligible building for any taxable 
                        year beginning before January 1, 2031, 
                        subparagraph (A) shall be applied by 
                        substituting `75 percent of such units' for 
                        `all of such units'.
                            ``(ii) Transition-eligible building.--For 
                        purposes of this subparagraph, the term 
                        `transition-eligible building' means any 
                        qualified low-income building if--
                                    ``(I) the housing credit dollar 
                                amount allocated to such building 
                                reduced the housing credit dollar 
                                amount of the allocating agency for a 
                                calendar year before 2027, or
                                    ``(II) section 42(h)(1) does not 
                                apply to any portion of the eligible 
                                basis of such building by reason of 
                                having been financed with the proceeds 
                                of an obligation issued before January 
                                1, 2027.''.
    (b) State Election To Reduce Housing Credit Dollar Amount in Lieu 
of Occupancy Requirement.--Section 42(h)(3) of such Code is amended by 
adding at the end the following new subparagraph:
                    ``(J) Reduction of housing credit dollar amount.--
                            ``(i) In general.--In the case of any 
                        calendar year with respect to which an election 
                        under clause (ii) is not in effect with respect 
                        to any State, each of the dollar amounts in 
                        effect under clauses (I) and (II) of 
                        subparagraph (C)(ii) for such calendar year 
                        with respect to such State (after any increase 
                        under subparagraphs (H) and (I)) shall be 
                        reduced by multiplying such dollar amount by 
                        0.95.
                            ``(ii) Election.--Clause (i) shall not 
                        apply with respect to any State for any 
                        calendar year if such State elects the 
                        application of this clause for such calendar 
                        year. Such election shall be made at such time 
                        and in such manner as the Secretary may 
                        provide, except that such election shall apply 
                        for the calendar year for which made and each 
                        subsequent calendar year unless revoked with 
                        the consent of the Secretary.
                            ``(iii) Certain occupancy requirements made 
                        applicable based on state election.--For 
                        application of certain requirements to 
                        qualified low-income buildings located in 
                        States with an election in effect under clause 
                        (ii), see subsection (c)(3).''.
    (c) Effective Date.--
            (1) Occupancy requirement.--The amendment made by 
        subsection (a) shall apply to taxable years beginning after 
        December 31, 2027.
            (2) State election to reduce housing credit dollar amount 
        in lieu of occupancy requirement.--The amendment made by 
        subsection (b) shall apply to calendar years beginning after 
        December 31, 2027.
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