[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7782 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7782
To provide economic empowerment opportunities in the United States
through the modernization of public housing, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2024
Ms. Ocasio-Cortez (for herself, Mrs. Ramirez, Ms. Schakowsky, Mr.
Bowman, Mr. Grijalva, Mr. Nadler, Mr. Blumenauer, Ms. Tlaib, Mr.
Khanna, Mr. Huffman, Mr. Robert Garcia of California, Ms. Lee of
Pennsylvania, Mr. Espaillat, Mr. McGovern, Ms. Pingree, Mr. Garcia of
Illinois, Ms. Barragan, Ms. Velazquez, Ms. Bush, Mrs. Watson Coleman,
Ms. Lee of California, Mrs. Dingell, Ms. Norton, Mr. Gomez, Ms.
Pressley, Mrs. Napolitano, Ms. Stansbury, Mr. Mullin, Mr. Raskin, Mr.
Johnson of Georgia, Ms. Clarke of New York, Mr. Jackson of Illinois,
Mr. Boyle of Pennsylvania, Ms. Balint, Mr. Tonko, Ms. Meng, Mr. Casar,
Ms. Jayapal, Mr. Torres of New York, Mr. Smith of Washington, Mr.
Goldman of New York, Mr. Meeks, Mr. Frost, Mr. Lieu, Mr. Carter of
Louisiana, Ms. Sanchez, Mr. Thanedar, Ms. Wilson of Florida, Ms. Omar,
Mr. Swalwell, Ms. McCollum, Mr. Davis of Illinois, Mr. Suozzi, Mr.
Ivey, Mr. Cohen, and Mr. Takano) introduced the following bill; which
was referred to the Committee on Financial Services
_______________________________________________________________________
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, maintain, staff, and
transition public housing;
(2) to rehabilitate and preserve 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 ensure that public housing laws 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 modernize 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) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low-income
communities, or Tribal and indigenous communities, that
experiences, or is at risk of experiencing, higher or more
adverse human health or environmental effects.
(3) 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).
(4) 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.
(5) 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)).
(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) Subsidized housing resident-owned business.--The term
``subsidized 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 subsidized housing residents.
(9) 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 adequate staffing to
maintain that design and environmental performance; 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 create new
public housing where there is a serious need that the free
market cannot address or is not addressing responsibly and
support the staffing needed to maintain and sustain the quality
of this public housing.''.
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(1);
(ii) eligible entities that have formed
partnerships with an existing registered
apprenticeship, pre-apprenticeship, internship,
vocal rehabilitation agency, 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 general
educational development support and
financial and economic empowerment
education;
(II) direct entry to registered
apprenticeship programs;
(III) certification or associate
degree acquisition;
(IV) technical assistance and
resources for subsidized 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
subsidized 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;
(X) stipends valued at not less
than $250 per week to individuals
participating in the workforce
development program; and
(XI) childcare and financial
literacy courses for 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, as well as
technical and vocational colleges.
(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 described in section 3(1), the
following shall be eligible for grants under this
paragraph:
(i) An organization that has demonstrated
effectiveness in providing adult education and
literacy activities, which may include--
(I) a local educational agency;
(II) a community-based organization
or faith-based organization;
(III) a volunteer literacy
organization;
(IV) an institution of higher
education, as defined in section 101 of
the Higher Education Act of 1965 (20
U.S.C. 1001);
(V) a public or private nonprofit
agency;
(VI) a library;
(VII) a public housing authority;
(VIII) a nonprofit institution that
is not described in any of subclauses
(I) through (VII) and has the ability
to provide adult education and literacy
activities to eligible individuals;
(IX) a consortium or coalition of
the agencies, organizations,
institutions, libraries, or authorities
described in any of subclauses (I)
through (VII); and
(X) a partnership between an
employer and an entity described in any
of subclauses (I) through (VIII).
(ii) Labor organizations.
(iii) Nonprofit organizations.
(E) Partnership with department of labor.--The
Secretary shall partner with the Secretary of Labor to
develop all grants in this section, in particular--
(i) gathering expertise and providing
guidance on worker training funds; and
(ii) ensuring that work requirements do not
become a condition of accessing public housing.
(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) 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;
(iii) 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;
(jj) smart Supervisory
Control and Data Acquisition
systems and building-to-grid
integration; and
(kk) passive cooling
measures;
(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;
(cc) electric appliances to
replace appliances reliant on
fossil fuels, such as gas
stoves and hot water heaters;
and
(dd) related
infrastructure, including
flooring, walls, and roofs,
that is necessary to complete
before electrification upgrades
can occur; 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) 1 part per billion of
lead;
(bb) 4.0 parts per trillion
of perfluorooctanoic acid;
(cc) 4.0 parts per trillion
of perfluorooctane sulfonate;
(dd) a combined Hazard
Index of 1.0, as described in
the proposed rule of the
Environmental Protection Agency
entitled, ``Per- and
polyfluroalkyl substances
(PFAS): Perflurooctanoic acid
(PFOA) and
Perflurorooctanesulfonic acid
(PFOS) National Primary
Drinking Water Regulation
Rulemaking'' (88 Fed. Reg.
18638; March 29, 2023);
(ee) 4.0 parts per trillion
of arsenic;
(ff) 0.3 parts per million
of copper;
(gg) drinking water
standards of the Environmental
Protection Agency for organic
and inorganic contaminants,
radionuclides, and
microbiological contaminants;
and
(hh) any other
Environmental Protection Agency
standard adopted under the Safe
Drinking Water Act (42 U.S.C.
300f et seq.);
(iv) building, expanding, and maintaining
community energy generation in public housing,
including the construction of and ongoing costs
associated with--
(I) renewable energy rooftops;
(II) renewable energy generation;
(III) photovoltaic glass windows;
(IV) the bulk purchase of clean
energy grid supply from energy
utilities; and
(V) community-scale energy storage
systems;
(v) 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);
(vi) 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 $17 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;
and
(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
(vii) 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 signed acknowledgment indicating a commitment
to hiring, training, and retaining needed public
housing agency employees associated with the activities
of the grant;
(C) a full accounting, including pre-approved
financing plans and post-completion expense reports, of
the amount of funds required to complete the activities
under the grant, under enforcement by the Secretary,
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
(v) include a 10-year decarbonization plan
meeting decarbonization requirements determined
by the Secretary;
(D) 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
environmental justice 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;
(E) the written concurrence of any local labor
organization representing employees of the eligible
entity who are engaged in the same or substantially
similar work that is proposed to be carried out does
not displace or supplant the work performed by those
represented employees;
(F) a certification that none of the funds under
the grant shall be used for prohibited purposes,
including--
(i) any activity that is subject to the
reporting requirements set forth in section
203(a) of the Labor-Management Reporting and
Disclosure Act of 1959 (29 U.S.C. 433(a));
(ii) to abrogate a collective bargaining
agreement; or
(iii) to replace an employee who is on
strike or who is being locked out; and
(G) a plan to expand accessibility for persons with
disabilities to full compliance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and
that all projects shall at least meet the new
construction standards of title II of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12131 et
seq.).
(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 an in-person
accessible location with interpretation available, as
well as via a cloud-based content collaboration
provider that is certified by the Federal Risk and
Authorization Management Program, and that comply with
the most recent final version of the Web Content
Accessibility Guidelines, 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 that complies
with public notice standards
and the public comment
requirements in the
consolidated plan of the
Department of Housing and Urban
Development; 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 and
accessible location with interpretation available 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;
(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; and
(D) solicit input and acquire signed approval of
the complete common application from any local labor
organization representing employees of the eligible
entity that will receive assistance under the grant, to
ensure compliance with existing collective bargaining
agreement and to ensure that grants funds will not be
used to displace or supplant existing staff, positions,
or vacancies.
(3) Priority among applications for community energy
generation.--In reviewing applications for grants to carry out
activities described in subsection (a)(2)(B)(iv), 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 subsidized housing resident-owned
businesses.
(4) 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.
(5) 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 ensure a timely
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
shall 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 rehabilitation or
new construction, and ensure that all temporarily displaced
residents can return to their homes once retrofitting is
completed;
(2) provide robust temporary relocation assistance and
alternate housing options in cases where phased improvements
temporarily prevent tenant occupancy;
(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, modernization, or retrofitting 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) Adopt--
(i) an explicit policy on any issue
involving the organization of employees of the
eligible entity, or contractor or
subcontractor, and all contractors and
subcontractors, for purposes of collective
bargaining not to deter employees with respect
to--
(I) labor organizing for the
employees engaged in activities under
the grant; and
(II) such employees' choice to form
and join labor organizations; and
(ii) such policies that require--
(I) the posting and maintenance of
notices in the workplace to such
employees of their rights under the
National Labor Relations Act (29 U.S.C.
151 et seq.);
(II) that such employees are, at
the beginning of their employment,
provided notice and information
regarding the employees' rights under
such Act; and
(III) the employer to voluntarily
recognize a union in cases where a
majority of such workers of the
employer have joined and requested
representation.
(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) Not require mandatory arbitration for any
dispute involving a worker engaged in a service for the
contractor or subcontractor.
(I) 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.
(J) Ensure that all laborers, mechanics, and other
workers employed by the contractor or subcontractor
shall not displace or supplant an employee or position
of the eligible entity, including partial displacement
such as a reduction in hours, wages, or employment
benefits, as a result of receiving a grant under this
section.
(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)(I).
(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);
(B) regarding testing air quality and water quality
for purposes of grant activities described in
subsection (a)(2)(B)(ii); and
(C) regarding testing soil quality for radon and
other contaminants for purposes of grant activities
described in subsection (a)(2)(B);
(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 due to displacement and instability;
(C) the impacts, if any, those residents have
experienced to their individual economic growth as
measured by individual and household income;
(D) the specific career skills acquired;
(E) the impacts, if any, those residents have
experienced to their overall health; and
(F) 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.--As a
condition of receipt of a grant under this section, the Secretary shall
require the placement of a dwelling unit under subsection (d) or (e) of
9 of the United States Housing Act of 1937 (42 U.S.C. 1437g) in
perpetuity.
(k) Funding.--Out of funds in the Treasury not otherwise
appropriated, there are appropriated to carry out this section--
(1) such sums as necessary to address the existing public
housing capital backlog at the Department of Housing and Urban
Development;
(2) such sums as may be necessary for each of fiscal years
2024 through 2034; and
(3) $1,000,000,000, to remain available until expended, for
administrative costs relating to carrying out this section,
including providing technical assistance to grant applicants.
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 subsidized 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 subsidized 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
subsidized housing resident-owned
businesses.'';
(3) in subsection (e), by adding at the end the following:
``(3) Subsidized housing resident-owned business.--The term
`subsidized 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.--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--
``(1) the aggregate dollar amount of contracts awarded in
compliance with this section;
``(2) the aggregate dollar amount of wages and salaries
paid for positions employed by low- and very low-income persons
in accordance with this section;
``(3) the aggregate dollar amount expended for training
opportunities provided to low- and very low-income persons in
accordance with this section; and
``(4) the aggregate dollar amount expended for training and
assisting subsidized housing resident-owned businesses for
compliance with this section.
``(h) Workforce Roster.--
``(1) Requirement.--The Secretary shall require each public
housing agency to establish and maintain a roster of the
residents and subsidized 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 subsidized 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 home and community-based
services for older adults and individuals with
disabilities 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 in accordance with
part 964 of title 24, Code of Federal Regulations, or any
successor regulation.
``(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) residents with tenant protection
vouchers;
``(v) residents now in Rental Assistance
Demonstration-converted properties who maintain
their prior existing rights under sections 6
and 9 of the United States Housing Act of 1937
(42 U.S.C. 1437d, 1437g);
``(vi) a development; or
``(vii) any combination of clauses (i)
through (vi).
``(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;
``(B) not be required for officers for whom
receiving the stipend would affect other income-
calculated benefits; and
``(C) 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, 2025.''.
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).
<all>