H.R. 10316 · 119th Congress · Referred to the Committee on Financial Services, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Calling Housing a National Emergency to Build Homes Faster
National Housing Emergency Act of 2026
Deep dive September 12, 2026
This bill asks the President to declare a housing emergency. It would cut red tape. It would use defense powers to get building supplies. It would also limit some local zoning rules. The emergency would end after 4 million homes are built. Or it would end by October 1, 2031. Whichever comes first.
What to know
- Congress wants the President to declare a housing emergency.
- The President could use defense powers to boost building supplies.
- The country needs at least 4 million more homes.
- That gap could grow to 10 million homes by 2035.
- During the emergency, some rules would be skipped or combined.
- This includes some environmental reviews and HUD housing rules.
- New and rebuilt homes must still meet a basic safety code.
- States and cities could lose some federal grants.
Heads up
6 buried provisions
Provisions we flagged do not match the bill's stated purpose, or repeat language from bills that did not pass on their own.
No environmental review for HUD housing projects (Section 5(3))
Why we flagged this
This clause fully removes federal environmental review for many housing projects. It applies to all HUD preservation or infill projects. This is a large change hidden in a list. It affects nearby residents and the environment. The tradeoff is faster building but less review of harm.
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no housing preservation or infill project funded by the Department of Housing and Urban Development shall be subject to any Federal environmental review requirements;
Single environmental review deemed to satisfy NEPA (Section 5(4))
Why we flagged this
This clause limits environmental review when many programs fund one project. It echoes language from a bill that did not pass. That earlier bill also tried to deem NEPA requirements met and block review. The tradeoff is faster approval but less oversight.
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notwithstanding any other provision of law, if more than 1 Federal program is used for the development or rehabilitation of housing, including any Federal agency action that contributes to the development or rehabilitation of housing, only 1 environmental review shall be carried out for the project pursuant to the National Environmental Policy Act of 1969
Waiver deemed issued if not reviewed in 30 days (Section 5(7))
Why we flagged this
This clause sets a 30-day deadline for a waiver review. If officials miss the deadline, the waiver is granted automatically. This waives Buy America rules by default. It can shift work to foreign-made materials. The tradeoff is speed versus domestic sourcing goals.
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if the Secretary does not complete the review within that timeframe, the waiver shall be deemed to be issued.
Federal funding tied to local zoning changes (Section 7(a))
Why we flagged this
This clause makes states and cities change local zoning to keep block grant money. The money includes road funding. Local governments must meet housing growth rules. This is a strong federal push on local land-use choices. The tradeoff is more housing but less local control.
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establish a funding condition to be known as the “Pro-Growth Requirement”, which shall be applied as a required funding condition in order for a State or unit of general local government to receive Federal block grant funding, such as surface transportation block grant program funding under section 133 of title 23, United States Code
Ban on burdensome local land-use rules (Section 8)
Why we flagged this
This clause bans local rules that put a "substantial burden" on housing. The term is not defined in the bill. It could reach many local zoning and safety rules. Unclear wording is tied to a broad ban. This makes it hard to know what is allowed.
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no State or unit of general local government shall impose or implement a land-use regulation in a manner that imposes a substantial burden on the construction or rehabilitation of residential housing.
Federal control over local zoning (Section 8)
Why we flagged this
This clause bars states and cities from certain land-use rules. Land-use and zoning have long been local powers. This raises questions under the Tenth Amendment. It also raises questions under limits on federal direction of states. Courts would decide if this crosses the line.
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no State or unit of general local government shall impose or implement a land-use regulation in a manner that imposes a substantial burden on the construction or rehabilitation of residential housing.
Section by section
Short title of the Act
This section gives the law its official name. It can be called the National Housing Emergency Act of 2026. This section does not create any rules. It just sets the name people will use when they talk about the law.
This does not directly affect any person or group. It sets a name for later reference.
There is no real tradeoff, since this section only names the law and does not set policy.
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This Act may be cited as the National Housing Emergency Act of 2026 .
Congress calls for a national housing emergency
This section is a statement of opinion from Congress. It says the President should declare housing a national emergency. This declaration would use a law called the National Emergencies Act. Congress also says the President should use the Defense Production Act. That law lets the government push factories to make more supplies. Congress wants more supplies for building and fixing homes. This section does not force the President to act. It only expresses what Congress thinks should happen.
This mainly affects the President's power to act, and factories or suppliers that make home building materials. It could also affect people looking for housing, if more materials get built.
Declaring an emergency could speed up material supplies for housing, but it also expands presidential emergency powers, which some see as a risk regardless of the housing benefit.
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the President should declare a national emergency with respect to housing under section 201 of the National Emergencies Act ( 50 U.S.C. 1621 ); and (2) to address that emergency, the President should use the authorities provided by the Defense Production Act of 1950 ( 50 U.S.C. 4531 et seq. ) to increase the supply of materials produced in the United States that support the construction and rehabilitation of housing.
Congress explains why housing is a problem
This section lists facts about the housing crisis. It says the country needs at least 4 million more homes. That gap could grow to 10 million homes by 2035. Home prices have jumped more than 50 percent since COVID started. Rents have also risen faster than incomes. Fewer young people can buy their first home. First-time buyers are now older, about 40 years old on average. The section blames some of the cost on government rules at all levels. It says fixing the housing shortage could create almost 2 million jobs. This section does not create any new rules or programs. It only states the reasons Congress wants to act.
This affects renters, homebuyers, builders, and local governments. It sets up the reasoning for the rest of the bill's actions.
This section makes a strong case for action but does not itself require any changes or spending.
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there is a shortage of at least 4,000,000 housing units due to low levels of residential construction and compounding regulations
Using defense production law to boost home building
This section changes an old law called the Defense Production Act of 1950. That law lets the government push industries to make more of certain goods, like energy supplies. This bill adds housing to that list. It means the government could use these powers to speed up building and fixing homes. It also adds housing to a list of programs the law already covers for military needs.
This affects federal agencies, home builders, and construction material suppliers. It may also affect people waiting for new or repaired housing.
The government gains more power to push housing production forward, but this could mean more federal control over private construction and material supply decisions.
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in section 2(a)(5) ( 50 U.S.C. 4502(a)(5) ), by inserting and residential construction and rehabilitation after domestic energy
Cutting red tape for housing projects
This section removes some federal rules that slow down housing projects. It applies only while the housing emergency is in effect. It cancels certain rules under two housing laws. It also removes environmental review for HUD-funded projects that fix up or preserve existing housing. If a project uses more than one federal program, only one environmental review is needed, not several. The section lets HUD approve certain project actions that were normally restricted. It also cancels rules that block using disaster recovery grants alongside other housing funds. Finally, it speeds up a waiver process for using American-made materials. HUD must decide on these waivers within 30 days, or the waiver counts as approved automatically.
Affects HUD-funded housing developers, local governments building or fixing housing, and communities near these projects.
Projects can move faster and face fewer delays, but they get less environmental review and public oversight during the emergency period.
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no housing preservation or infill project funded by the Department of Housing and Urban Development shall be subject to any Federal environmental review requirements
Minimum building code for new and repaired homes
This section sets a minimum building standard. It applies while the housing emergency is in effect. New or rebuilt houses must meet the 2009 International Residential Code, or a similar code. This includes any local updates made by state, local, tribal, or territorial governments. Manufactured homes must instead follow a separate federal rule, part 3280 of title 24 of the Code of Federal Regulations. The goal is to keep a basic safety standard during fast-paced emergency building.
Builders, developers, and local governments building or fixing homes during the emergency. Homebuyers and renters who will live in these homes are also affected.
The rule keeps homes safe and consistent, but it may slow down building or raise costs if some areas used older or looser codes before.
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the 2009 International Residential Code, or an equivalent code, including amendments adopted by State, local, Indian tribal, or territorial governments for site-built housing; or (2) part 3280 of title 24, Code of Federal Regulations, for manufactured housing.
New housing growth rules for federal grants
This section creates a rule called the Pro-Growth Requirement. States and local governments must follow it to get certain federal block grants, like transportation funding. This applies while the housing emergency declared in the bill is active. To qualify, a place must show housing growth from the year before. It must also take real steps to remove barriers to building homes. Examples include allowing smaller lots, duplexes, accessory dwelling units, or faster permit approvals. The area's housing plan must also set clear, measurable goals for growth. If a government does not meet these rules, it can appeal. It must show proof of real actions to boost housing supply.
State and local governments that receive federal block grants, especially transportation funding. It also affects residents in those areas through local zoning and housing rules.
This section pushes local governments to loosen housing rules to keep federal money, but it also limits local control over zoning decisions.
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A positive level of housing growth measured against the previous year based on the Building Permit Survey and the Address Count Listing Files published by the Bureau of the Census within the jurisdiction of the grantee.
Limits on local housing rules during the emergency
This section applies while the housing emergency is active. During that time, states and local governments cannot enforce land-use rules that create a big obstacle to building or fixing homes. The goal is to stop rules that block new housing or major repairs to existing housing. The section does not spell out which specific rules count. That would likely get decided later, maybe in court or through guidance.
State and local governments that set zoning and land-use rules. Also home builders, developers, and residents who need new or repaired housing.
This section can speed up housing construction, but it also limits how much control states and local governments have over their own land-use rules.
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During the period that a national emergency described in section 2 is in effect, no State or unit of general local government shall impose or implement a land-use regulation in a manner that imposes a substantial burden on the construction or rehabilitation of residential housing.
When the housing emergency ends
This section sets an end date for the national housing emergency. The emergency stops in two possible ways. First, it ends once 4 million new or fixed-up homes are built after this law starts. Second, it ends on October 1, 2031, no matter what. Whichever happens first is the one that counts.
It affects federal agencies managing the emergency, and indirectly renters, homebuyers, and builders who benefit from emergency housing programs.
A fixed end date gives certainty and limits the emergency's length, but it could cut off support before the housing goal is fully met.
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A national emergency described in section 2 shall terminate on the earlier of— (1) the date on which 4,000,000 additional residential housing units, as compared to the date of enactment of this Act, are constructed or rehabilitated in the United States; or (2) October 1, 2031.
Citations
- Congress.gov bill text: link (retrieved 2026-09-12)
Public record
Below is the official voting record from Congress.gov. It is not our analysis.
Source: Congress.gov
This bill has no recorded roll-call vote yet. A roll-call vote records how each member voted by name.
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