[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3524 Referred in Senate (RFS)]
2d Session
H. R. 3524
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 22 (legislative day, January 3), 2008
Received; read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
AN ACT
To reauthorize the HOPE VI program for revitalization of severely
distressed public housing, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``HOPE VI
Improvement and Reauthorization Act of 2008''.
(b) References.--Except as otherwise expressly provided in this
Act, wherever in this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.).
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; references; table of contents.
Sec. 2. Purposes of program.
Sec. 3. Authority to waive contribution requirement in cases of extreme
distress or emergency.
Sec. 4. Prohibition of demolition-only grants.
Sec. 5. Main Street projects grants.
Sec. 6. Eligible activities.
Sec. 7. Selection of proposals for grants.
Sec. 8. Requirements for mandatory core components.
Sec. 9. Planning and technical assistance grants.
Sec. 10. Annual report; availability of documents.
Sec. 11. Definitions.
Sec. 12. Conforming amendment.
Sec. 13. Authorization of appropriations.
Sec. 14. Extension of program.
Sec. 15. Review.
Sec. 16. Extension of availability of funds for revitalization plans
delayed by hurricanes.
Sec. 17. Regulations.
Sec. 18. Non-citizen eligibility restrictions.
SEC. 2. PURPOSES OF PROGRAM.
Subsection (a) of section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v(a)) is amended--
(1) in paragraph (1), by inserting before ``through'' the
following: ``located in communities of all sizes, including
small- and medium-sized communities,'';
(2) in paragraph (3)--
(A) by inserting ``low- and'' before ``very low-
income''; and
(B) by striking ``and'' at the end;
(3) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(5) promoting housing choice among low- and very low-
income families.''.
SEC. 3. AUTHORITY TO WAIVE CONTRIBUTION REQUIREMENT IN CASES OF EXTREME
DISTRESS OR EMERGENCY.
Subsection (c) of section 24 is amended by adding at the end the
following new paragraph:
``(4) Waiver.--
``(A) Authority.--The Secretary may waive the
applicability of paragraph (1) with respect to an
applicant or grantee if the Secretary determines that
circumstances of extreme distress or emergency, in the
area that the revitalization plan of the applicant is
to be carried out, directly affect the ability of the
applicant or grantee to comply with such requirement.
``(B) Regulations.--The Secretary shall issue
regulations to carry out this paragraph, which shall--
``(i) set forth such circumstances of
extreme distress and emergency; and
``(ii) provide that such circumstances
shall include any instance in which the area in
which a revitalization plan assisted with
amounts from a grant under this section is to
be carried out is subject to a declaration by
the President of a major disaster or emergency
under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act.''.
SEC. 4. PROHIBITION OF DEMOLITION-ONLY GRANTS.
Section 24 is amended--
(1) in subsection (c)(3), by striking ``or demolition of
public housing (without replacement)'';
(2) in the first sentence of subsection (e)(3)--
(A) by striking ``demolition only,''; and
(B) by striking the last comma; and
(3) in subsection (e), by adding at the end the following
new paragraph:
``(4) Prohibition of demolition-only grants.--The Secretary
may not make a grant under this section for a revitalization
plan that proposes to demolish public housing without
revitalization of any existing public housing dwelling
units.''.
SEC. 5. MAIN STREET PROJECTS GRANTS.
Section 24 is amended--
(1) by redesignating subsection (n) as subsection (y);
(2) in subsection (l), by striking ``subsection (n)'' each
place such term appears and inserting ``subsection (y)''; and
(3) in subsection (m)(3), by striking ``subsection (n)''
and inserting ``subsection (y)''.
SEC. 6. ELIGIBLE ACTIVITIES.
Paragraph (1) of section 24(d) is amended--
(1) in the matter preceding subparagraph (A), by striking
``programs'' and inserting ``plans'';
(2) in subparagraph (G), by striking ``program'' and
inserting ``plan'';
(3) by striking subparagraph (J) and inserting the
following new subparagraph:
``(J) the acquisition and development of
replacement housing units in accordance with subsection
(j);''.
(4) in subparagraph (K), by striking ``and'' at the end;
(5) in subparagraph (L)--
(A) by striking ``15 percent'' and inserting ``25
percent''; and
(B) by striking the period at the end and inserting
a semicolon; and
(6) by adding at the end the following new subparagraphs:
``(M) necessary costs of ensuring the effective
relocation of residents displaced as a result of the
revitalization of the project, including costs of
monitoring as required under subsection (k); and
``(N) activities undertaken to comply with the
provisions of (B)(vii) and (C)(xiii) of subsection
(e)(2) and subsection (l) (relating to green
developments).''.
SEC. 7. SELECTION OF PROPOSALS FOR GRANTS.
(a) Selection Criteria.--Section 24(e) is amended by striking
paragraph (2) and inserting the following new paragraph:
``(2) Grant award criteria.--
``(A) Establishment.--The Secretary shall establish
criteria for the award of grants under this section.
``(B) Mandatory core components.--The criteria
under this paragraph shall require that a proposed
revitalization plan may not be selected for award of a
grant under this section unless the proposed plan meets
all of the following requirements:
``(i) Evidence of severe distress.--The
proposed plan shall contain evidence sufficient
to demonstrate that the public housing project
that is subject to the plan is severely
distressed, which shall include--
``(I) a certification signed by an
engineer or architect licensed by a
State licensing board that the project
meets the criteria for physical
distress under subsection (t)(2); and
``(II) such other evidence that the
project meets criteria for nonphysical
distress under subsection (t)(2), such
as census data, crime statistics, and
past surveys of neighborhood stability
conducted by the public housing agency.
``(ii) Resident involvement and services.--
The proposed plan shall provide for
opportunities for involvement of residents of
the housing subject to the plan and the
provision of services for such residents, in
accordance with subsection (g).
``(iii) Relocation plan.--The proposed plan
shall provide a plan for relocation of
households occupying the public housing project
that is subject to the plan, in accordance with
subsection (h), including a statement of the
estimated number of vouchers for rental
assistance under section 8 that will be needed
for such relocation.
``(iv) Resident right to expanded housing
opportunities.--The proposed plan provides
right of resident households to occupy housing
provided under such revitalization plan in
accordance with subsection (i).
``(v) One-for-one replacement.--The
proposed plan shall provide a plan that--
``(I)(aa) provides for replacement
in accordance with subsection (j) of
100 percent of all dwelling units in
existence as of January 1, 2005, that
are subject to the revitalization plan
and that have been or will be
demolished or disposed of, on the site
of the original public housing or
within the jurisdiction of the public
housing agency; or
``(bb) pursuant to subsection
(j)(1)(B), requests a reduction of the
percentage specified in subsection
(j)(1)(A) and provides for replacement
of dwelling units demolished or
disposed of in accordance with the
percentage requested;
``(II) identifies the type of
replacement housing that will be
offered to residents displaced by the
revitalization plan;
``(III) contains such agreements
with or assurances by the Secretary,
State and local governmental agencies,
and other entities sufficient to ensure
compliance with subsection (j) (as
modified by any percentage reduction
requested under subsection (j)(1)(B));
and
``(IV) contains such assurances or
agreements as the Secretary considers
necessary to ensure compliance with
subsection (i)(2).
``(vi) Fair housing; limitation on
exclusion.--The proposed plan shall be carried
out in a manner that complies with section (m)
(relating to affirmatively furthering fair
housing and limitation on exclusion).
``(vii) Green developments.--The proposed
plan complies with the requirement under
subsection (l) (relating to green
developments).
``(C) Mandatory graded components.--The criteria
under this paragraph shall provide that, in addition to
the requirements under subparagraph (B), the proposed
revitalization plan shall address and meet minimum
requirements with respect to, and shall provide
additional priority based on the extent to which the
plan satisfactorily addresses, each of the following
issues:
``(i) Compliance with purposes.--The extent
to which the proposed plan of an applicant
achieves the purposes of this section set forth
in subsection (a).
``(ii) Capability and record.--The extent
of the capability and record of the applicant
public housing agency, public partners,
proposed private development partners
(including nonprofit housing developers), or
any alternative management entity for the
agency, for managing redevelopment or
modernization projects, meeting performance
benchmarks, and obligating amounts in a timely
manner, including any past performance of such
entities under the HOPE VI program and any
record of such entities of working with
socially and economically disadvantaged
businesses, as such term is defined in section
8(a)(4) of the Small Business Act (15 U.S.C.
637(a)(4)).
``(iii) Diversity outreach.--The extent to
which the proposed revitalization plan includes
partnerships with socially and economically
disadvantaged businesses, as such term is
defined by section 8(a)(4) of the Small
Business Act.
``(iv) Effectiveness of relocation and one-
for-one replacement plans.--The extent of the
likely effectiveness of the proposed
revitalization plan for temporary and permanent
relocation of existing residents, including the
likely effectiveness of the relocation plan
under subparagraph (B)(iii) and the one-for-one
replacement plan under subparagraph (B)(v).
``(v) Achievability of revitalization
plan.--The achievability of the proposed
revitalization plan pursuant to subsection (o),
with respect to the scope and scale of the
project.
``(vi) Leveraging.--The extent to which the
proposed revitalization plan will leverage
other public or private funds or assets for the
project.
``(vii) Need for additional funding.--The
extent to which the applicant could undertake
the activities proposed in the revitalization
plan without a grant under this section.
``(viii) Public and private involvement.--
The extent of involvement of State and local
governments, private service providers,
financing entities, and developers (including
nonprofit housing developers), in the
development and ongoing implementation of the
revitalization plan.
``(ix) Need for affordable housing.--The
extent of need for affordable housing in the
community in which the proposed revitalization
plan is to be carried out.
``(x) Affordable housing supply.--The
extent of the supply of other housing available
and affordable to families receiving tenant-
based assistance under section 8.
``(xi) Project-based housing.--The extent
to which the proposed revitalization plan
sustains or creates more project-based housing
units available to persons eligible for
residency in public housing in markets where
the proposed plan shows there is demand for the
maintenance or creation of such units.
``(xii) Green developments compliance.--The
extent to which the proposed revitalization
plan--
``(I) in the case of residential
construction, complies with the
nonmandatory items of the national
Green Communities criteria checklist
identified in subsection (l)(1)(A), or
any substantially equivalent standard
or standards as determined by the
Secretary, but only to the extent such
compliance exceeds the compliance
necessary to accumulate the number of
points required under such subsection;
and
``(II) in the case of non-
residential construction, complies with
the components of the green building
rating systems and levels identified by
the Secretary pursuant to subsection
(l)(3), but only to the extent such
compliance exceeds the minimum level
required under such systems and levels.
``(xiii) Hard-to-house families.--The
extent to which the one-for-one replacement
plan under subparagraph (B)(v) for the
revitalization plan provides replacement
housing that is likely to be most appropriate
and beneficial for families whose housing needs
are difficult to fulfill, including, but not
limited to, elderly households, disabled
households, households consisting of
grandparents raising grandchildren, large
families, households displaced by the
revitalization plan in need of special
services, and households consisting of or
including an individual who served on active
duty in the Armed Forces of the United States
for a period of not less than 90 days and who
was discharged or released from such duty under
conditions other than dishonorable. For
purposes of this clause, the term `families
whose housing needs are difficult to fulfill'
shall not include any individuals, or any
categories of individuals, who have been
released from a prison, jail, or other
correctional facility of the Federal
Government, a State government, or a unit of
general local government, notwithstanding
whether such individuals are not ineligible for
occupancy in public housing pursuant to
subsection (m)(2), have not been arrested for
or charged with any crime during any specific
period, or are individuals for whom housing is
a critical need.
``(xiv) Family-friendly housing.--The
extent to which replacement housing units
provided through the revitalization plan
contain a sufficient number of bedrooms to
prevent overcrowding.
``(xv) Additional on-site mixed-income
housing.--The extent to which the one-for-one
replacement plan under subparagraph (B)(v)
provides public housing units in addition to
the number necessary to minimally comply with
the requirement under subsection (j)(2)(A)(i),
including the extent to which such plan
provides sufficient housing for elderly and
disabled residents who indicate a preference to
return to housing provided on the site of the
original public housing involved in the
revitalization plan and complies with the
requirements of subsection (j)(2)(A)(ii).
``(xvi) Other.--Such other factors as the
Secretary considers appropriate.''.
(b) Treatment of Low-Income Housing Tax Credit Allocations;
Mandatory Site Visits.--Section 24(e), as amended by the preceding
provisions of this Act, is further amended by adding at the end the
following new paragraphs:
``(5) Treatment of low-income housing tax credit
allocation.--In the case of any application for a grant under
this section that relies on the allocation of any low-income
housing tax credit provided pursuant to section 42 of the
Internal Revenue Code of 1986 as part of the revitalization
plan proposed in the application, the Secretary shall not
require that the first phase of any project to be developed
under the plan possess an allocation of such low-income housing
tax credits at the time of such application.
``(6) Mandatory site visits.--Notwithstanding any other
provision of law, the Secretary shall provide for appropriate
officers or employees of the Department of Housing and Urban
Development to conduct a visit to the site of the public
housing involved in the revitalization plan proposed under each
application for a grant under this section that is involved in
a final selection of applications to be funded under this
section. Site visits pursuant to this paragraph shall be used
only for the purpose of obtaining information to assist in
determining whether the public housing projects involved in the
application are severely distressed public housing.''.
(c) Exclusion of Green Development Costs From Total Development
Costs.--Subsection (f) of section 24 is amended by adding after and
below paragraph (2) the following:
``In determining the total development costs for a revitalization plan,
the Secretary shall not consider any costs of compliance with green
building rating systems and levels identified by the Secretary pursuant
to subsection (l)(3).''.
SEC. 8. REQUIREMENTS FOR MANDATORY CORE COMPONENTS.
Section 24 is amended--
(1) by redesignating subsections (h) through (m) as
subsections (q) through (v), respectively;
(2) by redesignating subsection (o) as subsection (w); and
(3) by striking subsection (g) and inserting the following
new subsections:
``(g) Resident Involvement and Services.--
``(1) In general.--Each revitalization plan assisted under
this section shall provide opportunities for the active
involvement and participation of, and consultation with,
residents of the public housing that is subject to the
revitalization plan during the planning process for the
revitalization plan, including prior to submission of the
application, and during all phases of the planning and
implementation. Such opportunities for participation may
include participation of members of any resident council, but
may not be limited to such members, and shall include all
segments of the population of residents of the public housing
that is subject to the revitalization plan, including single
parent-headed households, the elderly, young employed and
unemployed adults, teenage youth, and disabled persons. Such
opportunities shall include a process that provides opportunity
for comment on specific proposals for redevelopment, any
demolition and disposition involved, and any proposed
significant amendments or changes to the revitalization plan.
``(2) Notices.--In carrying out a revitalization plan
assisted under this section, a public housing agency shall
provide the following written notices, in plain and
nontechnical language, to each household occupying a dwelling
unit in the public housing that is subject to, or to be subject
to, the plan:
``(A) Notice of intent.--Not later than the
expiration of the 30-day period beginning upon
publication by the Secretary of a notice of funding
availability for a grant under this section for such
plan, notice of--
``(i) the public housing agency's intent to
submit such application;
``(ii) the proposed implementation and
management of the revitalized site;
``(iii) residents' rights under this
section to participate in the planning process
for the plan, including opportunities for
participation in accordance with paragraph (1),
and to receive comprehensive relocation
assistance and community and supportive
services pursuant to paragraph (4); and
``(iv) the public hearing pursuant to
paragraph (3).
``(B) Notice of grant award and relocation
options.--Not later than 30 days after notice to the
public housing agency of the award of a grant under
this section, notice that--
``(i) such grant has been awarded;
``(ii) describes the process involved under
the revitalization plan to temporarily relocate
residents of the public housing that is subject
to the plan;
``(iii) provides the information required
pursuant to subsection (h)(2) (relating to
relocation options); and
``(iv) informs residents of opportunities
for participation in accordance with paragraph
(1).
``(C) Notice of grant agreement and relocation
options.--Not later than 30 days after execution of a
grant agreement under this section with a public
housing agency, notice that--
``(i) specifically identifies the housing
available for relocation of resident of the
public housing subject to the revitalization
plan;
``(ii) sets forth the schedule for
relocation of residents of the public housing
subject to the revitalization plan, including
the approximate dates on which such housing
will be available for such relocation; and
``(iii) informs residents of opportunities
for participation in accordance with paragraph
(1).
``(D) Notice of replacement housing.--Upon the
availability of replacement housing provided pursuant
to subsection (j), notice to each household described
in subsection (i)(1) of--
``(i) such availability;
``(ii) the process and procedure for
exercising the right to expanded housing
opportunities and preferences under subsection
(i)(2); and
``(iii) opportunities for participation in
accordance with paragraph (1) of this
subsection.
``(E) Other.--Such other notices as the Secretary
may require.
``(3) Public hearing.--The Secretary may not make a grant
under this section to an applicant unless the applicant has
convened and conducted a public hearing regarding the
revitalization plan, including the one-for-one replacement to
occur under the plan, not later than 75 days before submission
of the application for the grant under this section for such
plan, at a time and location that is convenient for residents
of the public housing subject to the plan.
``(4) Services.--Each recipient of a grant under this
section shall--
``(A) provide each household who is residing at the
site of the revitalization as of the date of the notice
of intent under subparagraph (A) with comprehensive
relocation assistance for a period that is the latter
of the two periods referred to in subparagraph (B) with
comprehensive relocation assistance; and
``(B) offer, to each such displaced resident and
each low-income family provided housing under the
revitalization plan, community and supportive services
until the latter of--
``(i) the expiration of the two-year period
that begins upon the end of the development
period under the plan; and
``(ii) the date on which all funding under
the grant for community and supportive services
has been expended.
``(5) Significant amendments or changes to plan.--A public
housing agency may not carry out any significant amendment or
change to a revitalization plan unless--
``(A) the public housing agency has convened and
conducted a public hearing regarding the significant
amendment or change at a time and location that is
convenient for residents of the public housing subject
to the plan and has provided each household occupying a
dwelling unit in such public housing with written
notice of such hearing not less than 10 days before
such hearing;
``(B) after such hearing, the public housing agency
consults with the households occupying dwelling units
in the public housing that are subject to, or to be
subject to the plan, and the agency submits a report to
the Secretary describing the results of such
consultation; and
``(C) the Secretary approves the significant
amendment or change.
Notwithstanding subparagraph (C), if the Secretary does not
approve or disapprove a request for a significant amendment or
change to a revitalization plan before the expiration of the
30-day period beginning upon the receipt by the Secretary of
the report referred to in subparagraph (B), such request shall
be considered to have been approved.
``(h) Relocation Program.--Each recipient of a grant under this
section shall--
``(1) provide for each household displaced by the
revitalization plan for which the grant is made to be relocated
to a comparable replacement dwelling, as defined in section 101
of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601), and for
payment of actual and reasonable relocation expenses of each
such household and any replacement housing payments as are
required by the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970;
``(2) fully inform such households of all relocation
options, which may include relocating to housing in a
neighborhood with a lower concentration of poverty than their
current residence or remaining in the housing to which they
relocate;
``(3) to the maximum extent possible, minimize academic
disruptions on affected children enrolled in school by
coordinating relocation with school calendars;
``(4) establish strategies and plans that assist such
displaced residents in utilizing tenant-based vouchers to
select housing opportunities, including in communities with a
lower concentration of poverty, that--
``(A) will not result in a financial burden to the
family; and
``(B) will promote long-term housing stability;
``(5) establish and comply with relocation benchmarks that
ensure successful relocation in terms of timeliness; and
``(6) notwithstanding any other provision of law, in the
case of any tenant-based assistance made available for
relocation of a household under this subsection, provide that
the term during which the household may lease a dwelling unit
using such assistance shall not be shorter than 150 days; if
the household is unable to lease a dwelling unit during such
period, the public housing agency shall extend the period
during which the household may lease a dwelling unit using such
assistance and continue to provide the household with
comprehensive relocation assistance, or at the option of the
household, provide the household with the next available
dwelling unit owned by the public housing agency.
``(i) Right to Expanded Housing Opportunities for Resident
Households.--
``(1) In general.--Subject only to paragraph (3), each
revitalization plan assisted with a grant under this section
shall make available, to each household occupying a dwelling
unit in the public housing subject to a revitalization plan
that is displaced as a result of the revitalization plan
(including any demolition or disposition of the unit),
occupancy for such household in a replacement dwelling unit
provided pursuant to subsection (j). To exercise such right
under this paragraph to occupancy in such a replacement
dwelling unit, the household shall respond in writing to the
notice provided pursuant to subsection (g)(2)(C) by the public
housing agency.
``(2) Preferences.--Such a replacement dwelling unit shall
be made available to each household displaced as a result of
the revitalization plan before any replacement dwelling unit is
made available to any other eligible household.
``(3) Reports to secretary.--The Secretary shall require
each public housing agency carrying out a revitalization plan
assisted under this section to submit to the Secretary such
reports as may be necessary to allow the Secretary to determine
the extent to which the public housing agency has complied with
this subsection and to which displaced residents occupy
replacement housing provided pursuant to subsection (j), which
shall include information describing the location of
replacement housing provided pursuant to subsection (j) and
statistical information on the characteristics of all
households occupying such replacement housing.
``(j) One-for-One Replacement.--Each revitalization plan assisted
with a grant under this section under which any public housing dwelling
unit is demolished or disposed of shall provide as follows:
``(1) Number.--
``(A) In general.--For one hundred percent, or such
lower percentage as is provided pursuant to
subparagraph (B), of all such dwelling units in
existence as of January 1, 2005, that are subject to
the revitalization plan and that have been or will be
demolished or disposed of, the public housing agency
carrying out the plan shall provide an additional
dwelling unit.
``(B) Waiver.--
``(i) Authority.--Upon the written request
of a public housing agency submitted as part of
an application for a grant under this section,
the Secretary may reduce the percentage
applicable under subparagraph (A) to a
revitalization plan of the agency to not less
than 90 percent, but only if--
``(I) the Secretary determines that
such written request has sufficiently
demonstrated a compelling need for such
reduction due to extenuating
circumstances, which shall include--
``(aa) a judgment, consent
decree, or other order of a
court that limits the ability
of the public housing agency to
comply with such requirements;
``(bb) a severe shortage of
land available to comply with
such requirements; and
``(cc) such other
circumstances as the Secretary
determines on a case-by-case
basis; and
``(II) the reduction is narrowly
tailored such that it--
``(aa) reduces the
percentage only to the extent
necessary to address the
particular extenuating
circumstances demonstrated
pursuant to subclause (I); and
``(bb) is limited in a
manner that ensures the maximum
extent of compliance with the
requirements of this
subsection.
``(ii) Required and impermissible
considerations.--In determining whether a
compelling need for a reduction pursuant to
this subparagraph exists, and extenuating
circumstances exist, for purposes of clause
(i), the Secretary--
``(I) shall take into consideration
the extent and circumstances of any
vacant public housing dwelling units of
the public housing agency;
``(II) shall take into
consideration the extent to which
revitalization plan provides additional
amenities that will improve the quality
of the life of residents by increasing
open space or by providing health care
or day care facilities or by providing
larger units to accommodate families;
and
``(III) shall not base any such
determination solely or primarily upon
any financial hardship of a public
housing agency or any other financial
condition or consideration.
``(iii) No waiver of time limits.--The
Secretary may not, under this subparagraph,
waive any requirement of paragraph (3)
(relating to timing). The preceding sentence
may not be construed to limit or otherwise
affect the authority under subsection (o)(3).
``(iv) Penalty.--If, pursuant to this
subparagraph, the Secretary reduces the
percentage under subparagraph (A) applicable to
the revitalization plan of a public housing
agency, no grant under this section may be made
to such agency or for any public housing of
such agency at any time that such agency is not
in full compliance with the requirements of
this paragraph, as modified by the terms of
such reduction.
``(2) Location.--Such dwelling units shall be provided in
the following manner:
``(A) On-site mixed-income housing.--
``(i) One-third requirement.--A mixed-
income housing development shall be provided on
the site of the original public housing
involved in the revitalization plan in which,
except as provided in clause (iii), at least
one-third of all dwelling units shall be public
housing dwelling units and shall be provided
through the development of additional public
housing dwelling units.
``(ii) Requirements for additional on-site
units.--If the mixed-income housing development
provided pursuant to clause (i) includes more
public housing dwelling units at the site of
the original public housing than is minimally
necessary to comply with such clause, the
public housing agency shall consult with
residents, community leaders, and local
government officials regarding such additional
public housing dwelling units and shall ensure
that such units are provided in a manner that
affirmatively furthers fair housing.
``(iii) Exception.--If, upon a showing by a
public housing agency, the Secretary determines
that it is infeasible to locate replacement
dwelling units on the site of the original
public housing involved in the revitalization
plan in accordance with clause (i), all
replacement units shall be located in areas
within the jurisdiction of the public housing
agency having low concentrations of poverty,
except that at least one mixed-income housing
development shall be provided in such an area
within the jurisdiction of the public housing
agency and that one-third of all units in such
development shall be public housing dwelling
units. The Secretary may make a finding of
infeasibility under this clause only if--
``(I) such location on-site would
result in the violation of a consent
decree; or
``(II) the land on which the public
housing is located is environmentally
unsafe, geologically unstable, or
otherwise unsuitable for the
construction of housing, as evidenced
by an independent environmental review
or assessment.
``(iv) Deconcentration of poverty.--All
dwelling units provided pursuant to this
subparagraph shall be provided in a manner that
results in decreased concentrations of poverty,
with respect to such concentrations existing on
the date of the application for the grant under
this section.
``(B) Off-site mixed-income housing.--Any other
replacement housing units provided in addition to the
dwelling units provided pursuant to subparagraph (A)
shall be provided, in areas within the jurisdiction of
the public housing agency having low concentrations of
poverty, through--
``(i) the acquisition or development of
additional public housing dwelling units; or
``(ii) the acquisition, development, or
contracting (including through project-based
assistance) of additional dwelling units that
are subject to requirements regarding
eligibility for occupancy, tenant contribution
toward rent, and long-term affordability
restrictions which are comparable to public
housing units, except that subparagraphs (B)
and (D) of section 8(o)(13) of the United
States Housing Act of 1937 (42 U.S.C.
1437f(o)(13); relating to percentage limitation
and income-mixing requirement for project-based
assistance) shall not apply with respect to
vouchers used to comply with the requirements
of this clause.
Notwithstanding the preceding sentence, if a public
housing agency has limited areas within its
jurisdiction having low concentrations of poverty, the
replacement housing units provided in addition to the
dwelling units provided pursuant to subparagraph (A)
may be provided within a 25-mile radius of the mixed-
income development referred to in subparagraph (A).
``(3) Timing.--All replacement dwelling units required
pursuant to this subsection with respect to the revitalization
plan of a public housing agency shall be provided not later
than the expiration of the 54-month period that begins upon the
execution of the grant agreement under this section for the
revitalization plan of the public housing agency. To the
greatest extent practicable, such replacement or additional
dwelling units, or redevelopment, shall be accomplished in
phases over time and, in each such phase, the public housing
dwelling units and the dwelling units described in subparagraph
(B)(ii) of paragraph (2) shall be made available for occupancy
before any nonassisted dwelling unit is made available for
occupancy.
``(4) Fair housing.--The demolition or disposition,
relocation, and provision of replacement housing units under
paragraph (2)(B) shall be carried out in a manner that
affirmatively furthers fair housing, as described in subsection
(e) of section 808 of the Civil Rights Act of 1968 (42 U.S.C.
3608(e)).
``(5) Project-based vouchers.--There are authorized to be
appropriated such sums as may be necessary for each of fiscal
years 2009 through 2015 for providing replacement vouchers for
project-based rental assistance for the purpose of complying
with the one-for-one replacement requirement under this
subsection.
``(k) Monitoring of Displaced Households.--
``(1) PHA responsibilities.--To facilitate compliance with
the requirement under subsection (i) (relating to right to
expanded housing opportunities), the Secretary shall, by
regulation, require each public housing agency that receives a
grant under this section, during the period of the
revitalization plan assisted with the grant and until all
funding under the grant has been expended--
``(A) to maintain a current address of residence
and contact information for each household affected by
the revitalization plan who was occupying a dwelling
unit in the housing that is subject to the plan; and
``(B) to provide such updated information to the
Secretary on at least a quarterly basis.
``(2) Certification.--The Secretary may not close out any
grant made under this section to a public housing agency before
the agency has certified to the Secretary that the agency has
complied with subsection (i) (relating to a right to expanded
housing opportunities for resident households) with respect to
each resident displaced as a result of the revitalization plan,
including providing occupancy in a replacement dwelling unit
for each household who requested such a unit in accordance with
such subsection.
``(3) Reports by secretary.--Not less frequently than once
every six months, the Secretary shall submit a report to the
Congress that includes all information submitted to the
Secretary pursuant to paragraph (1) by all public housing
agencies and summarizes the extent of compliance by public
housing agencies with the requirements under this subsection
and subsection (i).
``(l) Green Developments Requirement.--
``(1) Requirement.--The Secretary may not make a grant
under this section to an applicant unless the proposed
revitalization plan of the applicant to be carried out with
such grant amounts meets the following requirements, as
applicable:
``(A) Green communities criteria checklist.--All
residential construction under the proposed plan
complies with the national Green Communities criteria
checklist for residential construction that provides
criteria for the design, development, and operation of
affordable housing, as such checklist is in effect for
purposes of this subsection pursuant to paragraph (4)
at the date of the application for the grant, or any
substantially equivalent standard or standards as
determined by the Secretary, as follows:
``(i) The proposed plan shall comply with
all items of the national Green Communities
criteria checklist for residential construction
that are identified as mandatory.
``(ii) The proposed plan shall comply with
such other nonmandatory items of such national
Green Communities criteria checklist so as to
result in a cumulative number of points
attributable to such nonmandatory items under
such checklist of not less than--
``(I) 25 points, in the case of any
proposed plan (or portion thereof)
consisting of new construction; and
``(II) 20 points, in the case of
any proposed plan (or portion thereof)
consisting of rehabilitation.
``(B) Green buildings certification system.--All
non-residential construction under the proposed plan
complies with all minimum required levels of the green
building rating systems and levels identified by the
Secretary pursuant to paragraph (3), as such systems
and levels are in effect for purposes of this
subsection pursuant to paragraph (4) at the time of the
application for the grant.
``(2) Verification.--
``(A) In general.--The Secretary shall verify, or
provide for verification, sufficient to ensure that
each proposed revitalization plan carried out with
amounts from a grant under this section complies with
the requirements under paragraph (1) and that the
revitalization plan is carried out in accordance with
such requirements and plan.
``(B) Timing.--In providing for such verification,
the Secretary shall establish procedures to ensure such
compliance with respect to each grantee, and shall
report to the Congress with respect to the compliance
of each grantee, at each of the following times:
``(i) Not later than 60 days after
execution of the grant agreement under this
section for the grantee.
``(ii) Upon completion of the
revitalization plan of the grantee.
``(3) Identification of green buildings rating systems and
levels.--
``(A) In general.--For purposes of this section,
the Secretary shall identify rating systems and levels
for green buildings that the Secretary determines to be
the most likely to encourage a comprehensive and
environmentally-sound approach to ratings and standards
for green buildings. The identification of the ratings
systems and levels shall be based on the criteria
specified in subparagraph (B), shall identify the
highest levels the Secretary determines are appropriate
above the minimum levels required under the systems
selected. Within 90 days of the completion of each
study required by subparagraph (C), the Secretary shall
review and update the rating systems and levels, or
identify alternative systems and levels for purposes of
this section, taking into account the conclusions of
such study.
``(B) Criteria.--In identifying the green rating
systems and levels, the Secretary shall take into
consideration--
``(i) the ability and availability of
assessors and auditors to independently verify
the criteria and measurement of metrics at the
scale necessary to implement this subsection;
``(ii) the ability of the applicable
ratings system organizations to collect and
reflect public comment;
``(iii) the ability of the standards to be
developed and revised through a consensus-based
process;
``(iv) an evaluation of the robustness of
the criteria for a high-performance green
building, which shall give credit for
promoting--
``(I) efficient and sustainable use
of water, energy, and other natural
resources;
``(II) use of renewable energy
sources;
``(III) improved indoor
environmental quality through enhanced
indoor air quality, thermal comfort,
acoustics, day lighting, pollutant
source control, and use of low-emission
materials and building system controls;
and
``(IV) such other criteria as the
Secretary determines to be appropriate;
and
``(v) national recognition within the
building industry.
``(C) 5-year evaluation.--At least once every five
years, the Secretary shall conduct a study to evaluate
and compare available third-party green building rating
systems and levels, taking into account the criteria
listed in subparagraph (B).
``(4) Applicability and updating of standards.--
``(A) Applicability.--Except as provided in
subparagraph (B), the national Green Communities
criteria checklist and green building rating systems
and levels referred to in subparagraphs (A) and (B) of
paragraph (1) that are in effect for purposes of this
subsection are such checklist systems, and levels as in
existence upon the date of the enactment of the HOPE VI
Improvement and Reauthorization Act of 2008.
``(B) Updating.--The Secretary may, by regulation,
adopt and apply, for purposes of this section, future
amendments and supplements to, and editions of, the
national Green Communities criteria checklist, any
standard or standards that the Secretary has determined
to be substantially equivalent to such checklist, and
the green building ratings systems and levels
identified by the Secretary pursuant to paragraph (3).
``(m) Fair Housing; Consistent Eligibility and Occupancy
Standards.--
``(1) Fair housing.--Each revitalization plan assisted
under this section shall affirmatively further fair housing, as
described in subsection (e) of section 808 of the Civil Rights
Act of 1968.
``(2) Consistent eligibility and occupancy standards.--
Except to the extent necessary to comply with the requirements
of this section, replacement housing provided pursuant to
subsection (j) under a revitalization plan of a public housing
agency that is owned or managed, or assisted, by the agency
shall be subject to the same policies, practices, standards,
and criteria regarding waiting lists, tenant screening
(including screening criteria, such as credit checks), and
occupancy that apply to other housing owned or managed, or
assisted, respectively, by such agency, including requirements
under Federal law relating to safety and security in public and
assisted housing and ineligibility of drug criminals, illegal
drug users, alcohol abusers, and dangerous sex offenders,
preferences for elderly and disabled residents, and
ineligibility of persons convicted of methamphetamine offenses.
``(3) Consistent occupancy standards for displaced
families.--Notwithstanding paragraph (2), any household who
occupied a dwelling unit in public housing subject to a
revitalization plan of a public housing agency and that was
displaced as a result of the revitalization shall be subject,
for purposes of occupancy in replacement housing provided
pursuant to subsection (j) under the replacement plan that is
owned or managed, or assisted, by the agency, only to policies,
practices, standards, criteria, and requirements regarding
continued occupancy in such original public housing (and not to
initial occupancy).
``(n) Enforcement.--
``(1) Administrative enforcement.--If the Secretary
determines on the record after opportunity for an agency
hearing, pursuant to a request made by any member of household
described in subsection (i)(1) who is adversely affected or
aggrieved by a violation of subsection (g), (h), (i), (j), (k),
(m), or (o), that such a violation has occurred, the Secretary
shall issue an order requiring the public housing agency
committing such violation to cease and desist for such
violation and to take any affirmative action necessary to
correct or remedy the conditions resulting from such violation.
``(2) Availability of other remedies.--The remedy under
paragraph (1) shall be in addition to all other rights and
remedies provided by law.
``(o) Performance Benchmarks.--
``(1) In general.--Each public housing agency that receives
a grant under this section shall, in consultation with the
Secretary and residents of the public housing subject to the
revitalization plan for which the grant is made that are
displaced as a result of the revitalization plan, establish
performance benchmarks for each component of their
revitalization plan. Such benchmarks shall include completion
of the provision of all replacement dwelling units provided
pursuant to the requirements of subsection (j).
``(2) Failure to meet benchmarks.--If a public housing
agency fails to meet the performance benchmarks established
pursuant to paragraph (1), the Secretary shall impose
appropriate sanctions, including--
``(A) appointment of an alternative administrator
for the revitalization plan;
``(B) financial penalties;
``(C) withdrawal of funding under subsection (j);
or
``(D) such other sanctions as the Secretary may
deem necessary.
``(3) Extension of benchmarks.--The Secretary shall extend
the period for compliance with performance benchmarks under
paragraph (1) for a public housing agency, for such period as
the Secretary determines to be necessary, if the failure of the
agency to meet such benchmarks is attributable to--
``(A) litigation;
``(B) obtaining approvals of the Federal Government
or a State or local government;
``(C) complying with environmental assessment and
abatement requirements;
``(D) project delays and cost increases due to
shortages in labor and materials as a direct result of
location in an area that is subject to a declaration by
the President of a major disaster or emergency under
the Robert T. Stafford Disaster and Emergency
Assistance Act, except that an extension of the period
for compliance with performance benchmarks pursuant to
this subparagraph shall not be for a period longer than
12 months;
``(E) relocating residents;
``(F) resident involvement that leads to
significant changes to the revitalization plan; or
``(G) any other reason established by the Secretary
by notice published in the Federal Register.
``(4) Authority of secretary.--In determining the amount of
each grant under this section and the closeout date for the
grant, the Secretary shall take into consideration the scope,
scale, and size of the revitalization plan assisted under the
grant.
``(p) Applicability of Uniform Relocation Act.--The Uniform
Relocation and Real Property Acquisition Policies Act of 1974 shall
apply to all relocation activities pursuant to a revitalization plan
under this section.
``(q) Public Housing and Section 8 Eviction Provisions.--In the
case of any public housing or housing assisted under section 8, for
which assistance is provided at any time pursuant to a grant for a
revitalization plan under this section, the provisions of paragraph (6)
of section 6(l) and clause (iii) of section 8(d)(1)(B), respectively,
shall apply, except that any criminal or drug-related criminal activity
referred to in the matter preceding subparagraph (A) of such paragraph
or in the matter preceding subclause (I) of such clause, respectively,
engaged in by a member of a tenant's household or any guest or other
person under the tenant's control, shall not be cause for termination
of tenancy of the tenant if--
``(1) the tenant is an elderly person (as such term is
defined in section 202(k) of the Housing Act of 1959 (12 U.S.C.
1701q)) or a person with disabilities (as such term is defined
in section 811(k) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013(k)); and
``(2) the tenant did not know and should not have known of
the activity or the tenant or member of household was the
victim of the criminal activity.''.
SEC. 9. PLANNING AND TECHNICAL ASSISTANCE GRANTS.
Subsection (v) of section 24 (42 U.S.C. 1437v(v)), as so
redesignated by section 8(1), is amended by striking paragraph (2) and
inserting the following new paragraph:
``(2) Technical assistance grants.--Subject only to
approvable requests for grants pursuant to paragraph (1) for
any fiscal year, the Secretary shall use not less than two
percent for grants in such fiscal year to recipients of grants
under this section to assist such recipients in obtaining
technical assistance in carrying out revitalization
programs.''.
SEC. 10. ANNUAL REPORT; AVAILABILITY OF DOCUMENTS.
Subsection (u) of section 24, as so redesignated by section 8(1) of
this Act, is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) the extent to which public housing agencies carrying
out revitalization plans with grants under this section have
complied with the requirements under subsection (i) (relating
to right to expanded housing opportunities for resident
households); and''; and
(2) by adding at the end the following:
``To the extent not inconsistent with any other provisions of law, the
Secretary shall make publicly available through a World Wide Web site
of the Department of Housing and Urban Development all documents of, or
filed with, the Department relating to the program under this section,
including applications, grant agreements, plans, budgets, reports, and
amendments to such documents; except that in carrying out this
sentence, the Secretary shall take such actions as may be necessary to
protect the privacy of any residents and households displaced from
public housing as a result of a revitalization plan assisted under this
section.''.
SEC. 11. DEFINITIONS.
Subsection (s) of section 24, as so redesignated by section 8(l) of
this Act, is amended--
(1) in clauses (i) and (iii) of paragraph (1)(C), by
striking ``program'' each place such term appears and inserting
``plan'';
(2) in paragraph (3)--
(A) by striking ``Supportive'' and inserting
``Community and supportive'';
(B) by inserting ``community and'' before
``supportive services'';
(C) by inserting before the period at the end the
following: ``, and such other services that, linked
with affordable housing, will improve the health and
residential stability of public housing residents'';
and
(D) by inserting after ``transportation,'' the
following: ``employment and vocational counseling,
financial counseling, life skills training,'';
(3) by redesignating paragraph (3) as paragraph (6);
(4) by inserting after paragraph (2), the following new
paragraph:
``(5) Significant amendment or change.--The term
`significant' means, with respect to an amendment or change to
a revitalization plan, that the amendment or change--
``(A) changes the use of 20 percent or more of the
total amount of HOPE VI grant amounts provided under
this section provided under the grant made under this
section for the plan from use for one activity to use
for another;
``(B) eliminates an activity that, notwithstanding
the change, would otherwise be carried out under the
plan; or
``(C) changes the scope, location, or beneficiaries
of the project carried out under the plan.'';
(5) by redesignating paragraph (2) as paragraph (4); and
(6) by inserting after paragraph (1) the following new
paragraphs:
``(2) Comprehensive relocation assistance.--The term
`comprehensive relocation assistance' means comprehensive
assistance necessary to relocate the members of a household,
and includes counseling, including counseling regarding housing
options and locations and use of tenant-based assistance, case
management services, assistance in locating a suitable
residence, site tours, and other assistance.
``(3) Development.--The term `development' has the same
meaning given such term in the first sentence of paragraph (1)
of section 3(c) (42 U.S.C. 1437a).''.
SEC. 12. CONFORMING AMENDMENT.
Paragraph (1) of section 24(f) is amended by striking ``programs''
and inserting ``plans''.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
Subsection (v)(1) of section 24, as so redesignated by section 8(1)
of this Act, is amended by striking all that follows ``section'' and
inserting ``$800,000,000 for each of fiscal years 2008 through 2015.''.
SEC. 14. EXTENSION OF PROGRAM.
Subsection (w) of section 24, (as so redesignated by section 8(2)
of this Act) is amended by striking ``September 30, 2007'' and
inserting ``September 30, 2015''.
SEC. 15. REVIEW.
The Comptroller General of the United States shall--
(1) conduct a review of activities, actions, and methods
used in revitalization plans assisted under section 24 of the
United States Housing Act of 1937 to determine which may be
transferable to other federally-assisted housing programs; and
(2) make recommendations to the Congress regarding the
activities, actions, and methods reviewed under paragraph (1)
not later than the expiration of the 3-year period beginning on
the date of the enactment of this Act.
SEC. 16. EXTENSION OF AVAILABILITY OF FUNDS FOR REVITALIZATION PLANS
DELAYED BY HURRICANES.
Notwithstanding any other provision of law, the Secretary of
Housing and Urban Development may not, before October 1, 2009,
recapture any portion of a grant made to a public housing agency to
carry out a revitalization plan under section 24 of the United States
Housing Act of 1937 (42 U.S.C. 1437v) if the public housing agency has
suffered, as a direct result of Hurricane Katrina, Wilma, or Rita of
2005--
(1) project delays; and
(2) cost increases due to shortages in labor and materials.
SEC. 17. REGULATIONS.
Section 24, as amended by the preceding provisions of this Act, is
further amended by inserting before subsection (y) (as so redesignated
by section 5(1) of this Act) the following new subsection:
``(x) Regulations.--Not later than the expiration of the 120-day
period beginning on the date of the enactment of the HOPE VI
Improvement and Reauthorization Act of 2008, the Secretary shall issue
regulations to carry out this section, including the amendments made by
such Act.''.
SEC. 18. NON-CITIZEN ELIGIBILITY RESTRICTIONS.
No person not lawfully permitted to be in or remain in the United
States is eligible for housing assistance under this Act or the
amendments made by this Act. Nothing in this Act or the amendments made
by this Act alters the rules under section 214 of the Housing and
Community Development Act of 1980 (42 U.S.C. 1436a).
Passed the House of Representatives January 17, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.