[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3524 Reported in House (RH)]






                                                 Union Calendar No. 308
110th CONGRESS
  1st Session
                                H. R. 3524

                          [Report No. 110-507]

   To reauthorize the HOPE VI program for revitalization of severely 
           distressed public housing, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 11, 2007

  Ms. Waters (for herself, Mr. Shays, Mr. Frank of Massachusetts, Mr. 
Watt, and Mr. Cohen) introduced the following bill; which was referred 
                 to the Committee on Financial Services

                            January 3, 2008

 Additional sponsors: Mr. Lynch, Mr. Cleaver, Mr. Wexler, and Mr. Meek 
                               of Florida

                            January 3, 2008

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                          September 11, 2007]

_______________________________________________________________________

                                 A BILL


 
   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 2007''.
    (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. Repeal of main street projects grant authority.
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. Regulations.

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. REPEAL OF MAIN STREET PROJECTS GRANT AUTHORITY.

    Section 24 is amended--
            (1) by striking subsection (n) (relating to grants for 
        assisting affordable housing developed through main street 
        projects in smaller communities);
            (2) in subsection (a), by striking the last sentence (that 
        appears after and below paragraph (5), as added by section 2(4) 
        of this Act);
            (3) in subsection (l)--
                    (A) in paragraph (3), by striking ``, including a 
                specification of the amount and type of assistance 
                provided under subsection (n);'' and inserting ``; 
                and''; and
                    (B) by striking paragraph (4); and
            (4) in subsection (m), by striking paragraph (3).

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) provides for replacement in 
                                accordance with subsection (j) of 100 
                                percent of all dwelling units 
                                demolished or disposed of under such 
                                revitalization plan, as of the date of 
                                the application for the grant, on the 
                                site of the original public housing or 
                                within the jurisdiction of the public 
                                housing agency;
                                    ``(II) identifies the type of 
                                replacement housing that will be 
                                offered to tenants 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) and the 
                                requirements of section 18 applicable 
                                pursuant to subsection (p)(1); 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, 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, 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 
                                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, includes non-
                                mandatory components of version 2.2 of 
                                the Leadership in Energy and 
                                Environmental Design (LEED) green 
                                building rating system for New 
                                Construction and Major Renovations, 
                                version 2.0 of the LEED for Core and 
                                Shell rating system, or version 2.0 of 
                                the LEED for Commercial Interiors 
                                rating system, as applicable, or any 
                                substantially equivalent standard as 
                                determined by the Secretary, but only 
                                to the extent such inclusion exceeds 
                                the inclusion necessary to accumulate 
                                the number of points required under 
                                such system.
                            ``(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 individuals 
                        who are not ineligible for occupancy in public 
                        housing pursuant to subsection (m)(2), have 
                        been released from a State or Federal 
                        correctional facility, have not been arrested 
                        for or charged with any crime during the period 
                        beginning upon probation or parole and ending 
                        one year after completion of probation or 
                        parole, and for whom affordable 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.''.

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 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.
    ``(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 either extend the 
        period during which the household may lease a dwelling unit 
        using such assistance or provide the tenant 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.--For one hundred percent of all such dwelling 
        units in existence as of the date of the application for the 
        grant that are demolished or disposed under the revitalization 
        plan, the public housing agency carrying out the plan shall 
        provide an additional dwelling unit.
            ``(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.
            ``(3) Timing.--All replacement dwelling units provided 
        pursuant to this subsection shall be provided not later than 
        the expiration of the 12-month period beginning upon the 
        demolition or disposition of the public housing dwelling units, 
        except that replacement dwelling units financed with a low-
        income housing tax credit under section 42 of the Internal 
        Revenue Code of 1986 in connection with the revitalization plan 
        shall be provided not later than the expiration of the 12-month 
        period beginning upon the allocation of such low-income housing 
        tax credit. 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)).
    ``(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 (3) 
                at the date of the application for the grant, or any 
                substantially equivalent standard 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) LEED ratings system.--All non-residential 
                construction under the proposed plan complies with 
                version 2.2 of the LEED for New Construction rating 
                system, version 2.0 of the LEED for Core and Shell 
                rating system, version 2.0 of the LEED for Commercial 
                Interiors rating system, as such systems are in effect 
                for purposes of this subsection pursuant to paragraph 
                (3) at the time of the application for the grant, at 
                least to the minimum extent necessary to be certified 
                to the Silver Level under such system, or any 
                substantially equivalent standard as determined by the 
                Secretary.
            ``(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) Applicability and updating of standards.--
                    ``(A) Applicability.--Except as provided in 
                subparagraph (B), the national Green Communities 
                criteria checklist and LEED rating systems referred to 
                in subparagraphs (A) and (B) that are in effect for 
                purposes of this subsection are such checklist and 
                systems as in existence upon the date of the enactment 
                of the HOPE VI Improvement and Reauthorization Act of 
                2007.
                    ``(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, the LEED 
                rating systems, and any standard that the Secretary has 
                determined to be substantially equivalent to such 
                checklist or systems.
    ``(m) Fair Housing; Limitation on Exclusion.--
            ``(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) Limitation on exclusion.--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. A household may not be prevented from occupying a 
        replacement dwelling unit provided pursuant to subsection (j), 
        or from being provided a tenant-based voucher under the 
        revitalization plan, except to the extent specifically provided 
        by any other provision of Federal law (including subtitle F of 
        title V of the Quality Housing and Work Responsibility Act of 
        1998 (42 U.S.C. 13661 et seq.; relating to safety and security 
        in public and assisted housing and ineligibility of drug 
        criminals, illegal drug users, alcohol abusers, and dangerous 
        sex offenders), subtitle D of title VI of the Housing and 
        Community Development Act of 1992), (42 U.S.C. 13611 et seq.; 
        relating to preferences for elderly and disabled residents), 
        and section 16(f) of the United States Housing Act of 1937 (42 
        U.S.C. 1437n(f); relating to ineligibility of persons convicted 
        of methamphetamine offenses)).
    ``(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.
            ``(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) relocating residents;
                    ``(E) resident involvement that leads to 
                significant changes to the revitalization plan; or
                    ``(F) 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 Other Laws.--
            ``(1) Section 18.--Any severely distressed public housing 
        demolished or disposed of pursuant to a revitalization plan and 
        any public housing developed in lieu of such severely 
        distressed housing shall be subject to the provisions of 
        section 18. To the extent the provisions of section 18 conflict 
        with or are duplicative of the provisions of this section, the 
        provisions of this section solely shall apply.
            ``(2) URA.--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.''.

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) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) 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 10 percent or more of the 
                funds 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. REGULATIONS.

    Section 24, as amended by the preceding provisions of this Act, is 
further amended by adding at the end 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 2007, the Secretary shall issue 
regulations to carry out this section, including the amendments made by 
such Act.''.
                                                 Union Calendar No. 308

110th CONGRESS

  1st Session

                               H. R. 3524

                          [Report No. 110-507]

_______________________________________________________________________

                                 A BILL

   To reauthorize the HOPE VI program for revitalization of severely 
           distressed public housing, and for other purposes.

_______________________________________________________________________

                            January 3, 2008

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed