[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1218 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1218
To provide economic empowerment opportunities in the United States
through the modernization of public housing, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2021
Mr. Sanders (for himself, Ms. Warren, Mr. Markey, and Mr. Merkley)
introduced the following bill; which was read twice and referred to the
Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To provide economic empowerment opportunities in the United States
through the modernization of 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.
This Act may be cited as the ``Green New Deal for Public Housing
Act''.
SEC. 2. PURPOSES.
The purpose of this Act is--
(1) to stimulate, gather, and develop the workforce
capacity, tools, financing, and materials needed to
rehabilitate, upgrade, modernize, and transition public
housing;
(2) to rehabilitate public housing that is severely
distressed and causing residents to be exposed to unhealthy and
unsafe environments;
(3) to upgrade and equip all public housing with cutting-
edge materials, infrastructure, and all-electric appliances
made in the United States in order to improve energy
efficiency, water quality, and material living standards in
public housing and to support United States manufacturing;
(4) to modernize public housing laws in order to maximize
tenant participation and management by low- and very low-income
individuals in the rehabilitation, upgrade, and transition of
public housing through education, training, and jobs; and
(5) to transition the entire public housing stock of the
United States, as swiftly and seamlessly as possible, into
highly energy-efficient homes that produce on-site, or procure,
enough carbon-free renewable energy to meet total energy
consumption annually.
SEC. 3. DEFINITIONS.
In this Act:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a public housing agency;
(B) an Indian tribe or a tribally designated
housing entity that is eligible to receive assistance
under the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
(C) the Department of Hawaiian Home Lands, as
defined in section 801 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25
U.S.C. 4221).
(2) Indian tribe; tribally designated housing entity.--The
terms ``Indian tribe'' and ``tribally designated housing
entity'' have the meanings given those terms in section 4 of
the Native American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4103).
(3) Public housing.--The term ``public housing''--
(A) has the meaning given the term in section 3(b)
of the United States Housing Act of 1937 (42 U.S.C.
1437a(b)); and
(B) includes--
(i) any dwelling unit owned by an Indian
tribe that is or was a dwelling unit in public
housing;
(ii) any low-income housing dwelling unit
described in section 302(b)(1) of the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4152(b)(1));
(iii) any dwelling unit assisted under
section 802 of the Native American Housing
Assistance and Self-Determination Act of 1996
(25 U.S.C. 4222); and
(iv) any dwelling unit that--
(I) was a low-income housing
dwelling unit described in section
302(b)(1) of the Native American
Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4152(b)(1)); and
(II) is rented only to households
with an income that is not more than 80
percent of the area median income.
(4) Public housing agency.--The term ``public housing
agency'' has the meaning given the term in section 3(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(5) Public housing resident-owned business.--The term
``public housing resident-owned business'' means a business
concern that--
(A) provides economic opportunities, as defined in
section 3(e) of the Housing and Urban Development Act
of 1968 (12 U.S.C. 1701u(e)); and
(B) is owned by public housing residents.
(6) Renewable energy.--The term ``renewable energy''
means--
(A) utility-, community-, and small-scale
photovoltaic and thermal solar energy;
(B) utility- and small-scale wind energy;
(C) geothermal energy;
(D) microturbine hydroelectricity;
(E) energy efficiency;
(F) building electrification;
(G) energy storage;
(H) microgrids; and
(I) modern distribution grid infrastructure.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(8) Zero-carbon home.--The term ``zero-carbon home'' means
a highly energy-efficient home that produces on-site, or
procures, enough carbon-free renewable energy to meet the total
annual energy consumption of the home.
SEC. 4. CONGRESSIONAL FINDINGS AND SENSE OF CONGRESS FOR IMPROVED
ARCHITECTURAL DESIGN IN GOVERNMENT HOUSING PROGRAMS.
Section 4 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701v) is amended to read as follows:
``SEC. 4. IMPROVED ARCHITECTURAL DESIGN IN GOVERNMENT HOUSING PROGRAMS.
``(a) Findings.--Congress finds that--
``(1) if Federal aid is to make its full community-wide
contribution toward improving our urban and rural environments,
Federal aid must have a greater impact on improvements in
architectural design; and
``(2) even within the necessary budget limitations on
housing for low- and moderate-income families, architectural
design and environmental performance can be improved not only
to make the housing more livable, but also to better suit the
needs of occupants including human and environmental health,
zero carbon emissions, well-being, accessibility, and equity.
``(b) Sense of Congress.--It is the sense of Congress that in the
administration of housing programs that assist in the provision of
housing for low- and moderate-income families, emphasis should be given
to--
``(1) encouraging good architectural design that yields
maximal environmental performance and adheres to accessibility
guidelines established in accordance with the Americans With
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) as an
essential component of such housing; and
``(2) developing, with opportunities for resident
involvement, housing that will be of such quality as to reflect
the highest international architectural standards and the
architectural standards of the neighborhood and the community
in which it is situated, consistent with prudent budgeting.''.
SEC. 5. DECLARATION OF POLICY.
Section 2(a) of the United States Housing Act of 1937 (42 U.S.C.
1437(a)) is amended to read as follows:
``(a) Declaration of Policy.--It is the policy of the United
States--
``(1) to modernize the intersections of Federal and local
government by employing the funds and credit of the United
States, as provided in this Act--
``(A) to guarantee the right to housing for every
individual;
``(B) to assist States and political subdivisions
of States in ensuring that--
``(i) all housing in the United States is
habitable, highly energy-efficient, and safe;
and
``(ii) housing conditions lead to good
health, security, and adequate protection from
the economic fears relating to old age,
disability, sickness, accident, and
unemployment; and
``(C) to protect, maintain, preserve, and expand
public housing as a sustainable safety net for all
people;
``(2) that it is the responsibility of the Federal
Government, in conjunction with public housing agencies, to
incentivize, promote, and protect the independent,
collaborative, and collective actions of public housing
residents and other private citizens to develop housing in a
manner that strengthens entire neighborhoods; and
``(3) that the Federal Government should act and build new
public housing where there is a serious need that the free
market cannot address or is not addressing responsibly.''.
SEC. 6. GREEN NEW DEAL PUBLIC HOUSING GRANTS.
(a) Establishment of Grant Programs.--
(1) Grants for public housing community workforce
development.--
(A) In general.--The Secretary, in consultation
with the Secretary of Labor, shall establish a grant
program that provides amounts to eligible entities to
facilitate workforce development projects and high-
income employment transition at public housing.
(B) Preference.--In awarding grants under this
paragraph, the Secretary shall give preference to
applications submitted by--
(i) eligible entities described in
subparagraph (B) or (C) of section 3(2);
(ii) eligible entities that have formed
partnerships with an existing registered
apprenticeship, pre-apprenticeship, internship,
labor-management partnership, or other
partnerships with labor organizations;
(iii) eligible entities that demonstrate a
capacity to facilitate a workforce development
program that leads to--
(I) the development of career and
related skills, including financial and
economic empowerment education;
(II) direct entry to registered
apprenticeship programs;
(III) certification or associate
degree acquisition;
(IV) technical assistance and
resources for public housing resident-
owned businesses for purposes of
compliance with the requirements under
section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C.
1701u), including--
(aa) legal or compliance
services on behalf of public
housing resident-owned
businesses for purposes of
helping them access and apply
for government procurement and
contracting opportunities;
(bb) education on starting
and sustaining a business;
(cc) accessing insurance
and bonds; and
(dd) demonstrating capacity
and sustainable operations;
(V) training and development of
skills necessary for career development
in the fields, trades, and services
reasonably determined during the first
public comment period held in
accordance with subsection (b)(3) to be
of interest to public housing
residents;
(VI) educational and organizational
tools for public housing residents in
order to advance the models of worker
cooperatives and collective bargaining;
(VII) education, engagement, and
empowerment resources to help both
residents of public housing and local
low- and very low-income individuals
avail themselves of opportunities made
available under the workforce
development program, including
education, engagement, and empowerment
resources provided in partnership
with--
(aa) a local entity that
operates a Family Self-
Sufficiency program under
section 23 of the United States
Housing Act of 1937 (42 U.S.C.
1437u); and
(bb) community-based
organizations that demonstrate
a commitment to and history of
organizing with public housing
residents;
(VIII) innovative design
partnerships with local schools and
architectural firms;
(IX) training and employment
opportunities reserved specifically for
local low- and very low-income people
that were formerly incarcerated; and
(X) stipends valued at not less
than $250 per week to individuals
participating in the workforce
development program; and
(iv) eligible entities in the construction
or maintenance sector seeking to carry out a
project to develop pre-apprenticeships that
prepare individuals for acceptance into
registered programs in that sector.
(C) Compliance managers.--Not more than 10 percent
of the amount of a grant received by an eligible entity
under this paragraph may be used by an eligible entity
to hire or otherwise retain reporting and compliance
managers with sufficient expertise to ensure that the
eligible entity can comply with the requirements of
section 3 of the Housing and Urban Development Act of
1968 (12 U.S.C. 1701u).
(D) Additional eligible entities.--In addition to
the eligible entities under this legislation, the
following shall be eligible for grants under this
section--
(i) Institutes of Higher Education;
(ii) a labor organization;
(iii) a nonprofit organization.
(2) Green new deal for public housing grants.--
(A) Establishment.--The Secretary shall establish a
grant program that provides amounts to eligible
entities for the eligible activities described in
subparagraph (B).
(B) Eligible activities.--The eligible activities
described in this subparagraph are--
(i) conducting physical needs assessments
and subsequent deep energy retrofits in public
housing, including--
(I) retrofits for--
(aa) energy-efficient
windows;
(bb) super insulation of
roofs and exterior walls,
including the addition of new
cladding to buildings and the
rerouting of plumbing and
electricity;
(cc) electrification of
water heating and building
heating systems using electric
heat pumps; and
(dd) electric heat pumps to
provide air conditioning, where
feasible;
(II) strategies to increase
airtightness of building envelope,
including air sealant paints; and
(III) acquisition and installation
of heat-recovery ventilation systems;
(ii) upgrading, replacing, and improving
public housing to energy efficiency, building
electrification, including--
(I) conducting physical needs
assessments of public housing dwelling
units;
(II) in-unit energy efficiency
product upgrades, including upgrading
to--
(aa) modern, energy-
efficient insulation;
(bb) all-electric state-of-
the-art efficient appliances;
(cc) energy-efficient
bathroom plumbing, including
low-flow toilets;
(dd) energy-efficient
laundry machines;
(ee) energy-efficient air
filters;
(ff) energy monitoring
devices including smart meters
and smart thermostats;
(gg) energy-efficient
lightbulbs;
(hh) highly insulated
windows;
(ii) reflective roofing;
and
(jj) smart Supervisory
Control and Data Acquisition
systems and building-to-grid
integration;
(III) upgrading infrastructure
related to building electrification,
including upgrading--
(aa) electric heating,
ventilation, and air
conditioning systems, including
cold-climate heat pumps;
(bb) electrical panels; and
(cc) electric appliances to
replace appliances reliant on
fossil fuels, such as gas
stoves and hot water heaters;
and
(IV) water quality upgrades,
including replacing water pipes in
public housing if a quality test of
drinking water concentrations in public
housing exceeds--
(aa) 3.1 parts per billion
of lead;
(bb) 20 parts per trillion
combined of the 5
perfluoroalkyl and
polyfluoroalkyl substances,
which are--
(AA)
perfluorooctanoic acid;
(BB)
perfluorooctane
sulfonate;
(CC)
perfluorohexane
sulfonic acid;
(DD)
perfluoroheptanoic
acid; and
(EE)
perfluorononanoic acid;
(cc) 0.010 mg/L of arsenic;
(dd) 1.3 mg/L of copper;
(ee) drinking water
standards of the Environmental
Protection Agency for organic
and inorganic contaminants,
radionuclides, and
microbiological contaminants;
and
(ff) any other
Environmental Protection Agency
standard adopted under the Safe
Drinking Water Act (42 U.S.C.
300f et seq.);
(iii) building and expanding community
energy generation in public housing, including
the construction of and ongoing costs
associated with--
(I) renewable energy rooftops;
(II) renewable energy generation;
(III) photovolatic glass windows;
(IV) the bulk purchase of clean
energy grid supply from energy
utilities; and
(V) community-scale energy storage
systems;
(iv) establishing or expanding recycling
and zero-waste programs in public housing,
including the recycling of appliances and
machines that were replaced through activities
described in clause (iii);
(v) community resilience and sustainability
projects in public housing, including--
(I) the purchase and installation
of energy storage, including batteries,
flywheels, compressed air, and pumped
hydroelectric or thermal energy
storage, in order to ensure energy
backup of not less than 48 hours in the
event of an emergency or disaster;
(II) the construction of childcare
centers and ongoing costs associated
with childcare centers;
(III) the construction of senior
centers and ongoing costs associated
with senior centers;
(IV) the construction of community
gardens and ongoing costs associated
with community gardens;
(V) the maintenance of entire
public housing developments;
(VI) the installation of publicly
owned high speed internet in order to
provide universal internet access for
all residents with an upload speed of
not less than 100Mbps and a download
speed of not less than 100Mbps, and the
ongoing costs associated with providing
that internet infrastructure and
access;
(VII) the establishment or
improvement, and painting, of community
centers and other shared community
spaces, the personnel of which shall
earn the higher of--
(aa) the local prevailing
wage; or
(bb) a wage of $15 per
hour;
(VIII) the establishment or
improvement of dedicated infrastructure
for transportation by bicycle,
including lanes, parking spots, and the
bulk purchase of enough bicycles to
offer 1 bicycle to every low- and very
low-income public housing resident;
(IX) the deployment of electric
vehicle charging infrastructure for
public housing residents and visitors;
(X) the establishment and leasing
of commercial activity that offers
public housing residents on-site access
to goods and services, including good-
quality healthcare clinics, dental
clinics, bookstores, learning and
tutoring centers, and affordable
organic groceries; and
(XI) repairs and upgrades to public
housing to ensure compliance with the
physical condition standards under
section 5.703 of title 24, Code of
Federal Regulations, or any successor
regulation; and
(vi) construction and ongoing costs
associated with climate adaptation and
emergency disaster response for public housing,
including--
(I) integrated solutions that
combine better walls, heating, cooling,
ventilation, solar, and storage into a
single easy-to-install and affordable
retrofit for public housing;
(II) additional solar and storage
on site, or through a local community
microgrid, in order to allow residents
to access essential energy during power
outages;
(III) insulating and eliminating
air leakage in order to ensure that
individual dwelling units can retain a
safe temperature during a power outage
until power is restored or emergency
assistance arrives; and
(IV) installing rigid foam wall
insulation in hurricane and earthquake-
prone areas in order to create shear
walls to resist structural damage from
walls tilting or falling during high
winds and earthquakes.
(b) Grant Application.--
(1) Required contents.--As a condition of receiving a grant
under subsection (a), each eligible entity shall include in the
grant application submitted to the Secretary--
(A) a signed acknowledgment indicating a commitment
to transition all public housing owned or managed by
the eligible entity into zero-carbon homes not later
than 10 years after the date on which the eligible
entity receives the grant;
(B) a full accounting of the amount of funds
required to complete the activities under the grant,
which shall--
(i) be complete and reasonably calculated
to accomplish the purposes of this Act;
(ii) include costs related to complying
with local wage and labor laws;
(iii) include the amount of funds expended
by the eligible entity to comply with the
resident and community engagement requirements
under paragraph (3); and
(iv) be updated and submitted to Congress
on a quarterly basis; and
(C) a community impact assessment and analysis of--
(i) the likely direct and indirect impact
the grant funds, if awarded, will have on the
economic empowerment and social mobility of
traditionally disadvantaged individuals and
communities; and
(ii) whether the proposed actions to be
taken under the grant would be affirmatively
furthering fair housing, as defined in section
5.152 of title 24, Code of Federal Regulations,
or any successor regulation.
(2) Resident and community engagement before submitting
application.--Before submitting an application for a grant
under this subsection, an eligible entity shall--
(A) solicit and consider community and public
feedback, to the maximum extent possible, by providing
for opportunities to comment via a cloud-based content
collaboration provider that is certified by the Federal
Risk and Authorization Management Program, through--
(i) an initial public comment period, for
which the eligible entity shall--
(I) publish--
(aa) a description of each
of the grant programs
established under subsection
(a); and
(bb) a form to be used to
submit comments; and
(II) give interested persons 90
days to--
(aa) submit draft text
directly into the application;
(bb) submit written data
and accounting estimates; and
(cc) submit general
comments;
(ii) a second public comment period
beginning not later than 30 days after the end
of the initial public comment period under
clause (i), for which the eligible entity
shall--
(I) publish a draft version of the
completed common application form
described in subsection (a) that
contains, at a minimum--
(aa) a short analysis and
evaluation of the relevant
significant proposals set forth
during the initial public
comment period; and
(bb) a clear and concise
statement of the basis,
purpose, and goals of the
application; and
(II) give interested persons 30
days to submit feedback on and
recommended improvements to the draft
final grant application;
(B) host not less than 2 public hearings, which
shall be recorded and held at a convenient location for
public housing residents, for each public comment
period described in subparagraph (A), to provide public
housing residents with an opportunity to comment, with
not less than 1 occurring in the afternoon and not less
than 1 occurring in the evening; and
(C) solicit input and acquire signed approval of
the completed common application form from the resident
council or resident councils, if existing and active,
of the public housing that will receive assistance
under the grant.
(3) Priority for workforce development grants.--The
Secretary shall prioritize the review and funding of
applications submitted for grants under subsection (a)(1) over
applications submitted for any other grant described in
subsection (a).
(4) Priority among applications for community energy
generation.--In reviewing applications for grants to carry out
activities described in subsection (a)(2)(B)(iii), the
Secretary shall give preference to applications submitted by
eligible entities that--
(A) demonstrate an ability to generate the greatest
amount of renewable energy that can be consumed by
public housing projects and transferred to the local
energy grid; and
(B) demonstrate a commitment to provide job
training and contracting opportunities to public
housing residents and public housing resident-owned
businesses.
(5) Exceptions for indigenous groups and tribes.--
(A) In general.--Any eligible entity described in
section 3(2) that submits an application for a grant
program described in this subsection--
(i) is exempt from compliance with
subclauses (I), (II), and (III) of paragraph
(2)(A)(i) and paragraph (2)(A)(ii)(I); and
(ii) is empowered to self-determine
guidelines and standards pertaining to ensuring
community and resident engagement.
(B) Submission by tribally designated housing
entities.--An application for a grant under subsection
(a) for an Indian tribe may be prepared and submitted
on behalf of the Indian tribe by the tribally
designated housing entity for the Indian tribe, if the
application contains a certification by the recognized
tribal government of the grant beneficiary that the
Indian tribe--
(i) has had an opportunity to review the
application and has authorized the submission
of the application by the tribally designated
housing entity; or
(ii) has delegated to the tribally
designated housing entity the authority to
submit an application on behalf of the Indian
tribe without prior review by the Indian tribe.
(6) Benchmarking energy and water consumption.--An eligible
entity desiring a grant to carry out activities described in
subsection (a)(2)(B)(ii) shall include in the grant application
a commitment to benchmarking energy and water consumption using
ENERGY STAR Portfolio Manager, or another system approved by
the Department of Housing and Urban Development, for a period
of not less than 5 years beginning on the date on which the
eligible entity receives the grant.
(c) Selection of Grant Recipients.--
(1) In general.--If an eligible entity submits to the
Secretary an application for a grant under subsection (a) that
complies with the requirements under subsection (b), the
Secretary shall award the funds to the eligible entity that are
required to complete the grant, as specified in the accounting
submitted under subsection (b)(2)(C).
(2) Reapplication.--If the Secretary determines that an
application submitted by an eligible entity under this section
does not comply with the requirements under subsection (b)--
(A) the Secretary shall provide to the eligible
entity a summary of the requirements that the eligible
entity has failed to meet; and
(B) the eligible entity may reapply for the grant.
(3) Expedited review.--The Secretary shall expedite the
review of applications submitted by eligible entities that own
or manage public housing in a congressional district--
(A) with an aggregate total of not less than 5,000
public housing residents;
(B) in which--
(i) not less than 40 percent of the
residents are not less than 62 years old;
(ii) not less than 25 percent of the
residents are disabled; or
(iii) not less than 5 percent of all heads
of household are not more than 24 years old; or
(C) with an average household income of less than
$40,000.
(d) Use of Grant Amounts for Capacity Building.--An eligible entity
may use not more than 5 percent of grant funds received under this
section for activities to expand the capacity of the eligible entity to
carry out the grant activities, including--
(1) hiring staff;
(2) training residents for staff positions;
(3) providing technical assistance;
(4) community engagement; and
(5) other necessary administrative activities.
(e) Resident Protection.--Each eligible entity that is the
recipient of a grant under subsection (a) shall--
(1) comply with the requirements under part 24 of title 49,
Code of Federal Regulations, and provide relocation assistance
for any and all residents of public housing managed by the
eligible entity who may be displaced during construction, and
ensure that all temporarily displaced residents can return to
their homes once retrofitting is completed;
(2) provide enhanced tenant protection vouchers under
section 8(t) of the United States Housing Act of 1937 (42
U.S.C. 1437f(t)) to all displaced residents during the period
in which dwelling units are under construction;
(3) ensure that activities undertaken as part of the grant
do not result in a reduction of total public housing dwelling
units; and
(4) to the greatest extent practicable, complete
construction of replacement dwellings prior to demolishing
existing public housing units.
(f) Profits Related to Community Energy Generation.--
(1) In general.--With respect to any energy produced by an
eligible entity carrying out activities described in subsection
(a)(2)(B)(iii), the eligible entity may retain 90 percent of
any profits earned from selling the energy.
(2) Vote.--An eligible entity described paragraph (1) with
not less than 50 public housing dwelling units shall provide
residents of the public housing the opportunity to vote on how
the profits earned under paragraph (1) shall be used.
(3) Other revenue.--Any profits not retained under this
subsection shall be transferred to the Department of the
Treasury for deposit in the General Fund.
(g) Labor and Buy American Provisions.--
(1) In general.--In carrying out grant activities under
this section, each contractor or subcontractor for a project
funded under this section shall carry out the following:
(A) Ensure that the materials used by the
contractor or subcontractor are substantially
manufactured, mined, and produced in the United States
in accordance with chapter 83 of title 41, United
States Code (commonly known as the ``Buy American
Act'').
(B) Ensure that all laborers and mechanics employed
by the contractor or subcontractor in the performance
of construction, alteration, or repair work financed in
whole or in part with assistance under this section
shall be paid wages at rates not less than those
prevailing on similar construction in the locality, as
determined by the Secretary of Labor, in accordance
with subchapter IV of chapter 31 of title 40, United
States Code (commonly known as the ``Davis-Bacon
Act''). With respect to the labor standards in this
subparagraph, the Secretary of Labor shall have the
authority and functions set forth in Reorganization
Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.)
and section 3145 of title 40, United States Code.
(C) With respect to a project that costs not less
than $25,000,000, consent to a project labor agreement.
(D) Require each project labor agreement to be in
compliance with the hiring and contracting requirements
described in subsections (c) and (d) of section 3 of
the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u).
(E) Not hire employees through a temporary staffing
agency unless the relevant State workforce agency
certifies that temporary employees are necessary to
address an acute, short-term labor demand.
(F) Have an explicit neutrality policy on any issue
involving the organization of employees of the
contractor or subcontractor, and all contractors and
subcontractors, for purposes of collective bargaining.
(G) For each project employing union workers to
rehabilitate, upgrade, innovate and transition public
housing developments, demonstrate an ability to use and
to commit to use individuals enrolled in a registered
apprenticeship program who shall, to the greatest
extent practicable, constitute not less than 20 percent
of the individuals working on the project.
(H) To the greatest extent practicable, provide
preferential treatment in hiring laborers and mechanics
that are--
(i) public housing residents;
(ii) hired from within 50 miles of their
official residence;
(iii) veterans or active or retired
military;
(iv) highly skilled union workers; or
(v) returning citizens who were formerly
incarcerated individuals.
(I) Not require mandatory arbitration for any
dispute involving a worker engaged in a service for the
contractor or subcontractor.
(J) Consider an individual performing any service
under the grant as an employee, and not an independent
contractor, of the contractor or subcontractor,
respectively, unless--
(i) the individual is free from control and
direction in connection with the performance of
the service, both under the contract for the
performance of the service and in fact;
(ii) the service is performed outside the
usual course of the business of the contractor
or subcontractor, respectively; and
(iii) the individual is customarily engaged
in an independently established trade,
occupation, profession, or business of the same
nature as that involved in such service.
(2) Action to enforce independent contractor requirement.--
A third party, including a State or local government, may bring
an action in any court of competent jurisdiction to enforce the
requirement under paragraph (1)(J).
(h) Consultation With Agencies.--The Secretary shall--
(1) consult with the Secretary of Energy--
(A) in developing criteria and assessing
applications for grants under subsection (a); and
(B) to identify and verify state-of-the-art
building materials and appliances, made in the United
States, that can be procured at scale for purposes of
this Act;
(2) consult with the Secretary of the Treasury to track
alternative energy revenues that are returned to the Department
of the Treasury under subsection (f)(4);
(3) consult with the Administrator of the Environmental
Protection Agency--
(A) in developing criteria and assessing
applications for grants under of subsection (a)(2); and
(B) regarding testing air quality and water quality
for purposes of grant activities described in
subsection (a)(2)(B)(ii);
(4) consult with the Secretary of Education in developing
criteria and assessing applications for grants under subsection
(a)(1);
(5) consult with the Secretary of Labor in developing
criteria and assessing applications for grants under subsection
(a)(1);
(6) consult with the Administrator of the Small Business
Administration in developing criteria and assessing
applications for grants under subsection (a);
(7) consult with the Secretary of Health and Human
Services--
(A) in developing criteria and assessing
applications for grants under subsection (a)(2); and
(B) regarding health trends related to all
illnesses that disproportionately impact low-income
people;
(8) consult with the Administrator of the Federal Emergency
Management Agency in developing criteria and assessing
applications for grants under subsection (a)(2);
(9) consult with the Secretary of the Interior to develop
criteria and assess applications for grants under subsection
(a)(2); and
(10) consult with any entity described in paragraphs (1)
through (9) for any other purpose as determined necessary by
the Secretary to carry out this section and the purposes of
this Act.
(i) Reports.--The Secretary shall submit to Congress biannual
reports on the impact that the grant programs established under
subsection (a) have had on--
(1) the rehabilitation, upgrades, innovation, and
transition of public housing in the United States;
(2) total greenhouse gas emission output, and quarterly
data on greenhouse gas emission reductions from individual
public housing developments, specifically as they relate to--
(A) home energy carbon pollution emissions in each
public housing development, as calculated using the
Carbon Footprint Calculator from the Environmental
Protection Agency;
(B) waste-related carbon emissions in each public
housing development, as calculated using the Carbon
Footprint Calculator from the Environmental Protection
Agency; and
(C) total greenhouse gas emissions released by
individual public housing buildings and homes within a
public housing development, as calculated using the
Greenhouse Gas Equivalencies Calculator from the
Environmental Protection Agency;
(3) the amount of Federal money saved due to energy cost
savings at public housing projects, on a quarterly basis;
(4) the amount of energy savings per KwH at each public
housing project, on a quarterly basis;
(5) public housing residents, including--
(A) access to economic opportunities through
compliance with the hiring and contracting requirements
described in subsections (c) and (d) of section 3 of
the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u);
(B) the impacts, if any, those residents have
experienced to their individual economic growth as
measured by individual and household income;
(C) the specific career skills acquired;
(D) the impacts, if any, those residents have
experienced to their overall health; and
(E) the specific educational or technical
certifications acquired; and
(6) changes to the overall community health indicators in
public housing developments and their surrounding
neighborhoods, including asthma rates, air quality, water
quality, and levels of lead and mold.
(j) Eligibility for the Capital and Operating Funds.--The receipt
of a grant under this section shall not affect the eligibility of a
public housing agency or a public housing dwelling unit to receive
assistance under subsection (d) or (e) of section 9 of the United
States Housing Act of 1937 (42 U.S.C. 1437g).
(k) Funding.--Out of funds in the Treasury not otherwise
appropriated, there are appropriated to carry out this section--
(1) such sums as may be necessary for each of fiscal years
2022 through 2032; and
(2) $1,000,000,000, to remain available until expended, for
administrative costs relating to carrying out this section.
SEC. 7. THE SECTION 3 PROGRAM FOR ECONOMIC OPPORTUNITIES.
Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u) is amended--
(1) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``, operating
assistance provided pursuant to section 9 of that Act,
and modernization grants provided pursuant to section
14 of that Act'' and inserting ``(42 U.S.C. 1437c),
assistance from the Operating Fund under section 9(e)
of that Act (42 U.S.C. 1437g(e)), assistance from the
Capital Fund under section 9(d) of that Act (42 U.S.C.
1437g(d)), and assistance provided under a grant
awarded under section 6 of the Green New Deal for
Public Housing Act''; and
(B) by adding at the end the following:
``(C) Hiring requirement.--The Secretary shall
require that, of the employment positions generated by
development assistance provided pursuant to section 6
of the United States Housing Act of 1937 (42 U.S.C.
1437c), assistance from the Operating Fund under
section 9(e) of that Act (42 U.S.C. 1437g(e)),
assistance from the Capital Fund under section 9(d) of
that Act (42 U.S.C. 1437g(d)), and assistance provided
under a grant awarded under section 6 of the Green New
Deal for Public Housing Act, public and Indian housing
agencies, and their contractors and subcontractors,
shall fill, to the greatest extent possible--
``(i) not less than 40 percent of those
positions generated during the 1-year period
beginning 1 year after the initial receipt of
grant funds awarded, with low- and very low-
income persons;
``(ii) not less than 50 percent of those
positions generated during the 1-year period
beginning 2 years after the initial receipt of
grant funds awarded, with low- and very low-
income persons; and
``(iii) not less than 90 percent of those
positions generated after the expiration of the
period described in clause (ii) with low- and
very low-income persons.'';
(2) in subsection (d)(1)--
(A) in subparagraph (A), by striking ``, operating
assistance provided pursuant to section 9 of that Act,
and modernization grants provided pursuant to section
14 of that Act'' and inserting ``(42 U.S.C. 1437c),
assistance from the Operating Fund under section 9(e)
of that Act (42 U.S.C. 1437g(e)), assistance from the
Capital Fund under section 9(d) of that Act (42 U.S.C.
1437g(d)), and assistance provided under a grant
awarded under section 6 of the Green New Deal for
Public Housing Act''; and
(B) by adding at the end the following:
``(C) Contracting requirement.--The Secretary shall
require that, of the aggregate dollar amount of
contracts awarded for work to be performed in
connection with assistance from the Operating Fund
under section 9(e) of the United States Housing Act of
1937 (42 U.S.C. 1437g(e)), assistance from the Capital
Fund under section 9(d) of that Act (42 U.S.C.
1437g(d)), and assistance provided under a grant
awarded under section 6 of the Green New Deal for
Public Housing Act, public and Indian housing agencies,
and their contractors and subcontractors, shall, to the
greatest extent possible, certify that--
``(i) not less than 20 percent of the
aggregate dollar amount of such contracts
awarded during the 1-year period beginning 1
year after the initial receipt of grant funds
awarded shall be awarded to public housing
resident-owned businesses;
``(ii) not less than 30 percent of the
aggregate dollar amount of such contracts
awarded during the 1-year period beginning 2
years after the initial receipt of grant funds
awarded shall be awarded to public housing
resident-owned businesses; and
``(iii) not less than 50 percent of the
aggregate dollar amount of such contracts
awarded after the expiration of the period
described in clause (ii) shall be awarded to
public housing resident-owned businesses.'';
(3) in subsection (e), by adding at the end the following:
``(3) Public housing resident-owned business.--The term
`public housing resident-owned business' has the meaning given
the term in section 3 of the Green New Deal for Public Housing
Act.'';
(4) by redesignating subsection (g) as subsection (i); and
(5) by inserting after subsection (f) the following:
``(g) Measuring Economic Impact.--
``(1) Monitoring, measuring, and reporting requirements.--
Before the start of the second fiscal year beginning after the
date of enactment of the Green New Deal for Public Housing Act,
and quarterly thereafter, the Secretary shall require each
public housing agency to monitor, measure, and report to the
Secretary on the economic impacts of this section on the
community in which housing developments of the public housing
agency are located, including--
``(A) the aggregate dollar amount of contracts
awarded in compliance with this section;
``(B) the aggregate dollar amount of wages and
salaries paid for positions employed by low- and very
low-income persons in accordance with this section;
``(C) the aggregate dollar amount expended for
training opportunities provided to low- and very low-
income persons in accordance with this section; and
``(D) the aggregate dollar amount expended for
training and assisting public housing resident-owned
businesses for compliance with this section.
``(2) Termination of spears system.--The Secretary shall
terminate the Section 3 Performance Evaluation and Registration
System of the Department of Housing and Urban Development and
shall issue such notice and guidelines as may be necessary to
replace such system with the system for monitoring, measuring,
and reporting under this subsection.
``(h) Workforce Roster.--
``(1) Requirement.--The Secretary shall require each public
housing agency to establish and maintain a roster of the
residents and public housing resident-owned businesses of the
public housing agency in order to identify and spotlight
talented local laborers and facilitate compliance with this
section.
``(2) Information.--The roster maintained by a public
housing agency under paragraph (1) shall include information
that is updated not less frequently than every 30 days,
including--
``(A) information for each public housing resident
choosing to have their information recorded that lists
their occupational skills, career goals, and any
workforce development programs they participate in; and
``(B) information for each public housing resident-
owned business that lists the field of business they
are in and the hiring opportunities they currently have
available.
``(3) Availability.--In order to facilitate compliance with
this subsection, the Secretary shall--
``(A) require each public housing agency to submit
to the Secretary the information maintained by the
public housing agency in the roster under this
subsection; and
``(B) collect and make the data described in
subparagraph (A) available on the website of the
Department of Housing and Urban Development, upon
request, to contractors, subcontractors, resident
councils, resident management organizations, and
YouthBuild programs.''.
SEC. 8. FAMILY SELF-SUFFICIENCY PROGRAM.
Section 23 of the United States Housing Act of 1937 (42 U.S.C.
1437u), as amended by section 306 of the Economic Growth, Regulatory
Relief, and Consumer Protection Act (Pub. L. 115-174; 132 Stat. 1339),
is amended--
(1) in subsection (c)(2), by adding at the end the
following:
``(C) An Indian tribe or tribally designated
housing entity, as defined in section 4 of the Native
American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4103).'';
(2) in subsection (d)(2)--
(A) in subparagraph (J), by striking ``and'' at the
end;
(B) by redesignating subparagraph (K) as
subparagraph (M); and
(C) by inserting after subparagraph (J) the
following:
``(K) digital literacy;
``(L) provision of a home health aide for elderly
and disabled members of participating families; and'';
(3) in subsection (g)(2), by inserting after the first
sentence the following: ``The program coordinating committee
shall include representatives of any resident council and any
jurisdiction-wide resident council of the eligible entity.'';
(4) in subsection (h)(3)--
(A) in subparagraph (H), by striking ``and'' at the
end;
(B) by redesignating subparagraph (I) as
subparagraph (J); and
(C) by inserting after subparagraph (H) the
following:
``(I) a description of how the local program will
ensure that opportunities provided through the local
program will maximize success in synchronizing the
program with, and complying with, the requirements
regarding employment and contracting under section 3 of
the Housing and Urban Development Act of 1968 (12
U.S.C. 1701(u)).''; and
(5) in subsection (i)(2)--
(A) in subparagraph (A), by inserting ``, but not
more than 35 participants,'' before ``is eligible'';
(B) in subparagraph (B)--
(i) by striking ``75'' and inserting
``36''; and
(ii) by striking ``50'' and inserting
``35'';
(C) by redesignating subparagraphs (C), (D), and
(E) as subparagraphs (F), (G), and (H), respectively;
and
(D) by inserting after subparagraph (B) the
following:
``(C) Additional award for public housing green new
deal applicants.--An eligible entity that is approved
for a grant under section 6 of the Green New Deal for
Public Housing Act shall be eligible to receive an
additional award under this subparagraph to cover costs
of filling an additional family self-sufficiency
coordinator position, or additional such positions,
responsible for--
``(i) coordinating participation in a local
program under this section for participants
seeking employment opportunities made available
by the grant; and
``(ii) compliance by the eligible entity
with section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u).
``(D) Additional award for synchronization with
section 3 requirements.--An eligible entity that meets
such criteria as the Secretary shall establish
regarding successful synchronization and compliance of
a local program under this section with the
requirements regarding employment and contracting under
section 3 of the Housing and Urban Development Act of
1968 (12 U.S.C. 1701u) shall be eligible to receive an
additional award under this subparagraph to cover costs
relating to a family self-sufficiency coordinator
position responsible for such synchronization and
compliance.
``(E) Awards to assist eligible entities to
establish family self-sufficiency programs.--An
eligible entity that is not administering a local
program under this section and that meets such
standards as the Secretary shall establish shall be
eligible to receive an award under this subparagraph to
cover costs relating to a family self-sufficiency
coordinator position responsible for assisting in
preparing and submitting an application to establish
such a local program.''.
SEC. 9. RESIDENT COUNCILS.
Section 2 of the United States Housing Act of 1937 (42 U.S.C. 1437)
is amended by adding at the end the following:
``(c) Resident Councils.--
``(1) In general.--Each public housing project with not
less than 50 dwelling units shall form a resident council to--
``(A) improve residents' quality of life and
resident satisfaction; and
``(B) establish self-help initiatives to enable
residents to create a positive living environment for
families living in public housing.
``(2) Participation.--Each resident council formed under
this subsection may actively participate through working
partnerships with a public housing agency to advise and assist
in all aspects of public housing operations.
``(3) Requirements.--
``(A) In general.-- A resident council shall
consist of individuals residing in public housing and
shall meet the requirements described in this paragraph
in order to--
``(i) receive official recognition from the
public housing agency and the Secretary;
``(ii) be eligible to receive funds for
resident council activities; and
``(iii) be eligible to receive stipends for
officers for their related costs in connection
with volunteer work in public housing.
``(B) Residents represented.--A resident council
may represent residents residing in--
``(i) scattered site buildings;
``(ii) areas of contiguous row houses;
``(iii) 1 or more contiguous buildings;
``(iv) a development; or
``(v) any combination of clauses (i)
through (iv).
``(C) Elections.--
``(i) Written procedures.--A resident
council shall adopt written procedures, such as
by-laws or a constitution, which shall--
``(I) provide for a democratically
elected governing board that--
``(aa) consists of not less
than 5 members; and
``(bb) is elected--
``(AA) by the
voting membership of
the residents of the
public housing; and
``(BB) in elections
that occur on a regular
basis not less
frequently than every 2
years; and
``(II) provide for the recall of
the resident council by the voting
membership through a petition or other
expression of the desire of the voting
membership for a recall election and
set the threshold percentage of voting
membership who are required to be in
agreement in order to hold a recall
election, which percentage shall be not
less than 10 percent of the voting
membership.
``(ii) Voting membership.--The voting
membership of a resident council shall consist
of heads of households of the public housing
dwelling units of any age and other residents
not less than 16 years of age.
``(4) Stipends.--Public housing agencies may provide
stipends to resident council officers who serve as volunteers
in their public housing developments, which shall--
``(A) not exceed $1,000 per month per officer; and
``(B) be decided locally by the resident council
and the public housing agency.
``(5) Applicability of 2-year election cycle.--The
requirement under paragraph (3)(C)(i)(I)(bb)(BB) shall apply on
and after January 1, 2022.''.
SEC. 10. REPEAL OF FAIRCLOTH AMENDMENT.
Section 9(g) of the United States Housing Act of 1937 (42 U.S.C.
1437g(g)) is amended by striking paragraph (3).
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