II 109th CONGRESS 2d Session S. 4063 IN THE SENATE OF THE UNITED STATES November 16, 2006 Mr. Feingold introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To provide for additional section 8 vouchers, to reauthorize the Public and Assisted Housing Drug Elimination Program, and for other purposes.

1.

Short title

This Act may be cited as the Affordable Housing Expansion and Public Safety Act.

2.

Increase in incremental section 8 vouchers

(a)

In general

In fiscal year 2007 and subject to renewal, the Secretary of Housing and Urban Development shall provide an additional 100,000 incremental vouchers for tenant-based rental housing assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)). (b)

Authorization of appropriations

(1)

In general

There are authorized to be appropriated $8,400,000,000 for the provision and renewal of the vouchers described in subsection (a). (2)

Availability

Any amount appropriated under paragraph (1) shall remain available until expended. (3)

Carryover

To the extent that any amounts appropriated for any fiscal are not expended by the Secretary of Housing and Urban Development in such fiscal year for purposes of subsection (a), any remaining amounts shall be carried forward for use by the Secretary to renew the vouchers described in subsection (a) in subsequent years. (c)

Distribution of amounts

(1)

Administrative costs

The Secretary may not use more than $800,000,000 of the amounts authorized under paragraph (1) to cover the administrative costs associated with the provision and renewal of the vouchers described in subsection (a). (2)

Voucher costs

The Secretary shall use all remaining amounts authorized under paragraph (1) to cover the costs of providing and renewing the vouchers described in subsection (a).

3.

Targeted expansion of home investment partnership (HOME) program

(a)

Purpose

The purposes of this section are as follows: (1)To authorize additional funding under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12741 et. seq), commonly referred to as the Home Investments Partnership (HOME) program, to provide dedicated funding for the expansion and preservation of housing for extremely low-income individuals and families through eligible uses of investment as defined in paragraphs (1) and (3) of section 212(a) of the Cranston-Gonzalez National Affordable Housing Act. (2)Such additional funding is intended to supplement the HOME funds already allocated to a participating jurisdiction to provide additional assistance in targeting resources to extremely low-income individuals and families. (3)Such additional funding is not intended to be the only source of assistance for extremely low-income individuals and families under the HOME program, and participating jurisdictions shall continue to use non-set aside HOME funds to provide assistance to such extremely low-income individuals and families. (b)

Set aside for extremely low-income individuals and families

(1)

Eligible use

Section 212(a) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742(a)) is amended by adding at the end the following: (6)

Extremely low-income individuals and families

(A)

In general

Each participating jurisdiction shall use funds provided under this subtitle to provide affordable housing to individuals and families whose incomes do not exceed 30 percent of median family income for that jurisdiction. (B)

Exception

If a participating jurisdiction can certify to the Secretary that such participating jurisdiction has met in its jurisdiction the housing needs of extremely low-income individuals and families described in subparagraph (A), such participating jurisdiction may use any remaining funds provided under this subtitle for purposes of subparagraph (A) to provide affordable housing to individuals and families whose incomes do not exceed 50 percent of median family income for that jurisdiction. (C)

Rule of construction

The Secretary shall notify each participating jurisdiction receiving funds for purposes of this paragraph that use of such funds, as required under subparagraph (A), does not exempt or prevent that participating jurisdiction from using any other funds awarded under this subtitle to provide affordable housing to extremely low-income individuals and families. (D)

Rental housing

Notwithstanding section 215(a), housing that is for rental shall qualify as affordable housing under this paragraph only if such housing is occupied by extremely low-income individuals or families who pay as a contribution toward rent (excluding any Federal or State rental subsidy provided on behalf of the individual or family) not more than 30 percent of the monthly adjusted income of such individual or family, as determined by the Secretary. . (2)

Pro rata distribution

Section 217 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12747) is amended by adding at the end the following: (e)

Pro rata distribution for extremely low-income individuals and families

Notwithstanding any other provision of this Act, in any fiscal year the Secretary shall allocate any funds specifically approved in an appropriations Act to provide affordable housing to extremely low-income individuals or families under section 212(a)(6), such funds shall be allocated to each participating jurisdiction in an amount which bears the same ratio to such amount as the amount such participating jurisdiction receives for such fiscal year under this subtitle, not including any amounts allocated for any additional set-asides specified in such appropriations Act for that fiscal year. . (3)

Certification

Section 226 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12756) is amended by adding at the end the following: (d)

Certification

(1)

In general

Each participating jurisdiction shall certify on annual basis to the Secretary that any funds used to provide affordable housing to extremely low-income individuals or families under section 212(a)(6) were actually used to assist such families. (2)

Content of certification

Each certification required under paragraph (1) shall— (A)state the number of extremely low-income individuals and families assisted in the previous 12 months; (B)separate such extremely low-income individuals and families into those individuals and families who were assisted by— (i)funds set aside specifically for such individuals and families under section 212(a)(6); and (ii)any other funds awarded under this subtitle; and (C)describe the type of activities, including new construction, preservation, and rehabilitation of housing, provided to such extremely low-income individuals and families that were supported by— (i)funds set aside specifically for such individuals and families under section 212(a)(6); and (ii)any other funds awarded under this subtitle. (3)

Inclusion with performance report

The certification required under paragraph (1) shall be included in the jurisdiction's annual performance report submitted to the Secretary under section 108(a) and made available to the public. . (c)

Authorization of appropriations

In addition to any other amounts authorized to be appropriated under any other law or appropriations Act to carry out the provisions of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et seq.), there are authorized to be appropriated to carry out the provisions of this section $400,000,000 for each of fiscal years 2007 through 2011.

4.

Public and assisted housing crime and drug elimination program

(a)

Title change

The chapter heading of chapter 2 of subtitle C of title V of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11901 et seq.) is amended to read as follows: 2

Public and Assisted Housing Crime and Drug Elimination Program

. (b)

Authorization of appropriations

(1)

Amounts authorized

Section 5129(a) of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11908(a)) is amended to read as follows: (a)

In general

There are authorized to be appropriated to carry out this chapter $200,000,000 for each of fiscal years 2007, 2008, 2009, 2010, and 2011. . (2)

Set aside for the Office of Policy Development and Research

Section 5129 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11908) is amended by adding at the end the following: (d)

Set aside for the Office of Policy Development and Research

Of any amounts made available in any fiscal year to carry out this chapter not less than 2 percent shall be available to the Office of Policy Development and Research to carry out the functions required under section 5130. . (c)

Eligible activities

Section 5124(a)(6) of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11903(a)(6)) is amended by striking the semicolon and inserting the following: “, except that the activities conducted under any such program and paid for, in whole or in part, with grant funds awarded under this chapter may only include— (A)providing access to treatment for drug abuse through rehabilitation or relapse prevention; (B)providing education about the dangers and adverse consequences of drug use or violent crime; (C)assisting drug users in discontinuing their drug use through an education program, and, if appropriate, referring such users to a drug treatment program; (D)providing after school activities for youths for the purpose of discouraging, reducing, or eliminating drug use or violent crime by youths; (E)providing capital improvements for the purpose of discouraging, reducing, or eliminating drug use or violent crime; and (F)providing security services for the purpose of discouraging, reducing, or eliminating drug use or violent crime. . (d)

Effectiveness

(1)

Application plan

Section 5125(a) of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11904(a)) is amended by adding at the end the following: To the maximum extent feasible, each plan submitted under this section shall be developed in coordination with relevant local law enforcement agencies and other local entities involved in crime prevention and reduction. Such plan also shall include an agreement to work cooperatively with the Office of Policy Development and Research in its efforts to carry out the functions required under section 5130. (2)

HUD report

Section 5127 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11906) is amended by adding at the end the following: (d)

Effectiveness report

The Secretary shall submit a report to the Congress not later than 4 years after the date of the enactment of the Affordable Housing Expansion and Public Safety Act that includes— (1)aggregate data regarding the categories of program activities that have been funded by grants under this chapter; (2)promising strategies related to preventing and reducing violent and drug-related crime in public and federally assisted low-income housing derived from— (A)a review of existing research; and (B)evaluations of programs funded by grants under this chapter that were conducted by the Office of Policy Development and Review or by the grantees themselves; (3)how the information gathered in paragraph (2) has been incorporated into— (A)the guidance provided to applicants under this chapter; and (B)the implementing regulations under this chapter; and (4)any statutory changes that the Secretary would recommend to help make grants awarded under this chapter more effective. . (3)

Office of Policy Development and Research review and plan

Chapter 2 of subtitle C of title V of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11901 et seq.) is amended by adding at the end the following:

5130.

Office of Policy Development and Research review and plan

(a)

Review

(1)

In general

The Office of Policy Development and Research established pursuant to section 501 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z–1) shall conduct a review of existing research relating to preventing and reducing violent and drug-related crime to assess, using scientifically rigorous and acceptable methods, which strategies— (A)have been found to be effective in preventing and reducing violent and drug-related crimes; and (B)would be likely to be effective in preventing and reducing violent and drug-related crimes in public and federally assisted low-income housing environments. (2)

Report

Not later than 180 days after the date of enactment of the Affordable Housing Expansion and Public Safety Act, the Secretary shall issue a written report with the results of the review required under paragraph (1). (b)

Evaluation plan

(1)

In general

Upon completion of the review required under subsection (a)(1), the Office of Policy Development and Research, in consultation with housing authorities, social scientists, and other interested parties, shall develop and implement a plan for evaluating the effectiveness of strategies funded under this chapter, including new and innovative strategies and existing strategies, that have not previously been subject to rigorous evaluation methodologies. (2)

Methodology

The plan described in paragraph (1) shall require such evaluations to use rigorous methodologies, particularly random assignment (where practicable), that are capable of producing scientifically valid knowledge regarding which program activities are effective in preventing and reducing violent and drug-related crime in public and other federally assisted low-income housing.

.

5.

Sense of the Senate regarding the creation of a national affordable housing trust fund

(a)

Findings

Congress finds the following: (1)Only 1 in 4 eligible households receives Federal rental assistance. (2)The number of families facing severe housing cost burdens grew by almost 2,000,0000 households between 2001 and 2004. (3)1 in 3 families spend more than 30 percent of their earnings on housing costs. (4)More than 75 percent of renter households with severe housing affordability burdens are extremely low-income families. (5)More than half of extremely low-income households pay at least half of their income on housing. (6)At least 500,000 Americans are homeless every day. (7)2,000,000 to 3,000,0000 Americans are homeless for various lengths of time each year. (8)It is estimated that the development of an average housing unit creates on average more than 3 jobs and the development of an average multifamily unit creates on average more than 1 job. (9)It is estimated that over $80,000 is produced in government revenue for an average single family unit built and over $30,000 is produced in government revenue for an average multifamily unit built. (10)The Bipartisan Millennial Housing Commission stated that the most serious housing problem in America is the mismatch between the number of extremely low income renter households and the number of units available to them with acceptable quality and affordable rents.. (b)

Sense of the Senate

It is the sense of the Senate that— (1)Congress shall create a national affordable housing trust fund with the purpose of supplying 1,500,000 additional affordable housing units over the next 10 years; (2)such a trust fund shall contain sufficient income targeting to reflect the housing affordability burdens faced by extremely low-income and very low-income families; and (3)such a trust fund shall contain enough flexibility to allow local communities to produce, preserve, and rehabilitate affordable housing units while ensuring that such affordable housing development fosters the creation of healthy and sustainable communities.

6.

Offsets

(a)

Repeal of multiyear procurement authority for F–22A Raptor fighter aircraft

Effective as of October 17, 2006, section 134 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364), relating to multiyear procurement authority for F–22A Raptor fighter aircraft, is repealed. (b)

Advanced research for fossil fuels

Notwithstanding any other provision of law, the Secretary of Energy shall not carry out any program that conducts, or provides assistance for, applied research for fossil fuels. (c)

Termination of advanced technology program

Notwithstanding any other provision of law, the Secretary of Commerce may not award any new grants under the Advanced Technology Program, provided for under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n), effective October 1, 2006.