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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5814 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5814

     To transform neighborhoods of extreme poverty by revitalizing 
distressed housing, to reform public housing demolition and disposition 
  rules to require one for one replacement and tenant protections, to 
     provide public housing agencies with additional resources and 
  flexibility to preserve public housing units, and to create a pilot 
program to train public housing residents to provide home-based health 
                               services.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2010

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

_______________________________________________________________________

                                 A BILL

 
     To transform neighborhoods of extreme poverty by revitalizing 
distressed housing, to reform public housing demolition and disposition 
  rules to require one for one replacement and tenant protections, to 
     provide public housing agencies with additional resources and 
  flexibility to preserve public housing units, and to create a pilot 
program to train public housing residents to provide home-based health 
                               services.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Public Housing 
Reinvestment and Tenant Protection Act of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
                TITLE I--CHOICE NEIGHBORHOODS INITIATIVE

Sec. 101. Short title.
Sec. 102. Findings and purposes.
Sec. 103. Grant authority.
Sec. 104. Eligible entities.
Sec. 105. Eligible neighborhoods.
Sec. 106. Authorized activities.
Sec. 107. Submission and selection of transformation plans.
Sec. 108. Right of residents to return; relocation.
Sec. 109. One-for-one replacement of public and assisted housing 
                            dwelling units.
Sec. 110. Other program requirements.
Sec. 111. Demolition and disposition.
Sec. 112. Phase-specific underwriting.
Sec. 113. Administration by other entities.
Sec. 114. Withdrawal of funding.
Sec. 115. Annual report; public availability of grant information.
Sec. 116. Definitions.
Sec. 117. Funding.
Sec. 118. Regulations.
 TITLE II--PUBLIC HOUSING ONE-FOR-ONE REPLACEMENT AND TENANT PROTECTION

Sec. 201. Short title.
Sec. 202. Demolition and disposition of public housing.
Sec. 203. Authority to convert public housing to vouchers.
Sec. 204. Required conversion of distressed public housing to tenant-
                            based assistance.
Sec. 205. Regulations.
       TITLE III--PUBLIC HOUSING PRESERVATION AND REHABILITATION

Sec. 301. Short title.
Sec. 302. Leveraging of other assistance.
Sec. 303. Capital Fund flexibility.
Sec. 304. Grants for conversion of public housing projects to assisted 
                            living facilities.
 TITLE IV--PILOT PROGRAM TO TRAIN PUBLIC HOUSING RESIDENTS TO PROVIDE 
                       HOME-BASED HEALTH SERVICES

Sec. 401. Short title.
Sec. 402. Findings and purpose.
Sec. 403. Pilot grant program to train public housing residents to 
                            provide covered home-based health services.

                TITLE I--CHOICE NEIGHBORHOODS INITIATIVE

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Choice Neighborhoods Initiative 
Act of 2010''.

SEC. 102. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) the spatial concentration of poverty remains a serious 
        and often unrecognized challenge to the ability of poor 
        families and children to access opportunity and move up the 
        economic ladder;
            (2) the HOPE VI program, authorized by section 24 of the 
        United States Housing Act of 1937 (42 U.S.C. 1437v), presented 
        one model for transforming neighborhoods of extreme poverty 
        with severely distressed housing into revitalized mixed-income 
        neighborhoods;
            (3) there remains a large amount of severely distressed 
        public and privately owned assisted housing concentrated in 
        neighborhoods of extreme poverty; and
            (4) a broader approach is now needed using concentrated and 
        coordinated neighborhood investment from multiple sources to 
        transform neighborhoods of extreme poverty into communities 
        that will improve the quality of life of current and future 
        residents.
    (b) Purposes.--The purposes of this title are to--
            (1) transform neighborhoods of extreme poverty into mixed-
        income neighborhoods by revitalizing severely distressed 
        housing, improving access to economic opportunities, and 
        investing and leveraging investments in well-functioning 
        services, education programs, public assets, public 
        transportation, and improved access to jobs;
            (2) provide for the one-for-one replacement of public and 
        assisted housing dwelling units that are demolished or disposed 
        of;
            (3) grow communities and metropolitan areas by 
        concentrating, leveraging, and coordinating Federal, State, 
        local, and private funding for public transportation, 
        education, housing, energy, health and mental health services, 
        supportive services, public safety; and environmental programs 
        and initiatives;
            (4) support positive outcomes for displaced and returning 
        residents, including improvements in educational achievements, 
        and economic self-sufficiency; and
            (5) ensure that current residents benefit from 
        transformation by preserving affordable housing in the 
        neighborhood and, to the maximum extent possible, providing 
        residents the choice to move to affordable housing in another 
        neighborhood of opportunity.

SEC. 103. GRANT AUTHORITY.

    The Secretary of Housing and Urban Development may make competitive 
grants to eligible entities that submit transformation plans for 
eligible neighborhoods that will further the purposes of this title in 
such neighborhoods.

SEC. 104. ELIGIBLE ENTITIES.

    (a) Primary Applicants.--A grant under this title may be made only 
to a unit of local government, a public housing agency, or a nonprofit 
entity that owns a major housing project that is proposed to be 
assisted under a grant under this title, either as a sole applicant or 
as a co-applicant with another unit of local government or public 
housing agency or with an entity specified in subsection (b). A 
nonprofit entity may be a sole applicant only if the application has 
the support of a local government.
    (b) Co-Applicants.--
            (1) Community development corporations.--A community 
        development corporation (as such term is defined in section 
        204(b) of the Departments of Veterans Affairs and Housing and 
        Urban Development, and Independent Agencies Appropriations Act, 
        1997 (12 U.S.C. 1715z-11a(b))) may, at the request of an entity 
        specified in subsection (a), be a co-applicant for a grant 
        under this title.
            (2) For-profit entities.--A for-profit entity that owns a 
        major housing project that is proposed to be assisted under a 
        grant under this title and that has an established presence in 
        the community may be a co-applicant for a grant under this 
        title.
            (3) Required co-applicants.--A grant under this title may 
        not be made for an application that will involve transformation 
        of a major public housing project unless the public housing 
        agency having jurisdiction with respect to such project is the 
        sole applicant or a co-applicant for such application.
    (c) Partners.--Nothing in this section may be construed to limit 
the ability of an applicant to partner with any entity in carrying out 
activities with a grant under this title.

SEC. 105. ELIGIBLE NEIGHBORHOODS.

    A grant under this title may be made only for activities to be 
conducted in neighborhoods that have--
            (1) a concentration of extreme poverty (as such term is 
        defined in section 116); and
            (2) housing that is severely distressed housing (as such 
        term is defined in section 116).

SEC. 106. AUTHORIZED ACTIVITIES.

    (a) In General.--Amounts from a grant under this title may be used 
only for transformational programs and activities in accordance with a 
transformation plan approved under section 107 that will further the 
purposes of this title.
    (b) Required Activities.--Each transformation plan submitted 
pursuant to section 107 and implemented by a grantee under this title 
shall include the following activities:
            (1) The transformation of housing through rehabilitation, 
        preservation, or demolition and replacement of severely 
        distressed housing projects, or any combination thereof, which 
        may incorporate energy- efficient design principles.
            (2) The one-for-one replacement of any public and assisted 
        housing units demolished or disposed of in accordance with the 
        requirements under section 109.
            (3) Activities that promote economic self-sufficiency of 
        residents of the revitalized housing and of the surrounding 
        neighborhood.
            (4) Activities that preserve affordable housing in the 
        neighborhood and other activities necessary to ensure that 
        existing public and assisted housing residents have access to 
        the benefits of the neighborhood transformation.
            (5) Activities that demonstrate that each resident of 
        housing assisted by the grant who is displaced by the 
        transformation plan and who wishes to return to the revitalized 
        on-site housing in the neighborhood or to replacement housing 
        outside of the neighborhood, can return, and shall be provided 
        a preference in accordance with the program requirements under 
        section 108.
            (6) Activities that meet the program requirements for 
        replacement of housing units under section 108.
            (7) Activities that meet the fair housing program 
        requirements under section 110(a) and the accessibility 
        requirements under section 110(b).
            (8) Appropriate service coordination and supportive 
        services.
            (9) Resident involvement, as described in section 108, in 
        planning and implementation of the transformation plan, 
        including reasonable steps to help ensure meaningful 
        participation for residents who, as a result of their national 
        origin, are limited in their English language proficiency.
            (10) Monitoring, under section 108(g), of residents 
        relocated during redevelopment throughout the term of the grant 
        or until full occupancy of replacement housing, whichever is 
        completed later.
            (11) Relocation assistance, including tenant-based rental 
        assistance renewable under section 8 of the United States 
        Housing Act of 1937 (42 U.S.C. 1437f), mobility or relocation 
        counseling over multiple years, reasonable moving costs, and 
        security deposits.
            (12) Establishment of links to local education efforts, as 
        described in subsection (c)(3) of this section.
            (13) Activities to comply with section 3 of the Housing and 
        Urban Development Act of 1968 (12 U.S.C. 1701u).
    (c) Eligible Activities.--Amounts from a grant under this title may 
be used for the following activities:
            (1) Construction, acquisition, or rehabilitation of 
        affordable housing (as such term is defined in section 116), 
        which may include energy efficiency improvements and 
        sustainable design features for such housing.
            (2) Acquisition or disposition of residential properties, 
        including properties subject to a mortgage previously insured, 
        and foreclosed upon, by the Federal Housing Administration, and 
        demolition.
            (3) Outreach to local educators, and engaging in local 
        community planning, to help increase access to educational 
        opportunities, a continuum of effective community services, and 
        strong family supports, and to improve the educational and life 
        outcomes which have a significant benefit to residents of 
        housing assisted under this title, including children and youth 
        and, as appropriate, for adult residents, including the elderly 
        or persons with disabilities.
            (4) Providing supportive services (as such term is defined 
        in section 116) which have a significant benefit to residents 
        of housing assisted under this title, primarily focused on 
        services described in subparagraphs (B) and (C) of section 
        116(14).
            (5) Rehabilitation and physical improvement of community 
        facilities that are primarily intended to facilitate the 
        delivery of community and supportive services which have a 
        significant benefit to residents of housing assisted by the 
        grant and residents of off-site replacement housing.
            (6) Work incentives designed to help low-income residents 
        assisted by the housing under this title access jobs and move 
        toward self-sufficiency.
            (7) Partnering with employers and for-profit and nonprofit 
        organizations to create jobs and job training opportunities 
        which have a significant benefit to residents of housing 
        assisted under this title.
            (8) Activities that promote sustainable housing by 
        incorporating principles of sustainable design and development, 
        including energy efficiency.
            (9) Critical community improvements (as such term is 
        defined in section 116 of this title) undertaken at sites that 
        are adjacent to, or in the immediate vicinity of, housing 
        assisted under this title.
            (10) Loss reserves to protect residents of housing assisted 
        by the grant and continue the project in the case of default, 
        foreclosure, or any other adverse financial event.
The Secretary shall require any grantee under this title that will 
provide benefits under paragraph (3), (4), (5), or (7) to any residents 
who are not living in housing assisted with a grant under this title, 
to submit to the Secretary a plan identifying how such services will be 
provided.
    (d) Eligible Methods of Support.--Activities carried out with 
amounts from a grant under this title may be carried out through--
            (1) endowments or revolving loan funds; or
            (2) land assembly, land banking, and other activities, 
        except that no amounts made available for use under this title 
        may be used to acquire any property by means of the exercise of 
        the power of eminent domain.
    (e) Funding Limitations.--
            (1) School buildings.--No amounts from a grant under this 
        title may be used for construction or rehabilitation of an 
        elementary school or secondary school (as such terms are 
        defined in section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801)) or an institution of 
        higher education (as such term is defined in section 102 of the 
        Higher Education Act of 1965 (20 U.S.C. 1002)).
            (2) Non-housing activities and supportive services.--For 
        each grant under this title, the grantee shall comply with each 
        of the following requirements:
                    (A) Of the amount of the grant, not more than 25 
                percent may be used for eligible activities under 
                paragraphs (3) through (9) of subsection (c).
                    (B) Of the amount of the grant, not more than 5 
                percent may be used for eligible activities under 
                paragraphs (8) and (9) of subsection (c).
            (3) Consultation.--With respect to activities assisted 
        pursuant to paragraph (2), the Secretary shall consult with the 
        Secretary of Labor, the Secretary of Health and Human Services, 
        the Secretary of Energy, the Secretary of Transportation, the 
        Secretary of Education, and the Attorney General in identifying 
        funding resources that may be provided to supplement amounts 
        from grants under this title.

SEC. 107. SUBMISSION AND SELECTION OF TRANSFORMATION PLANS.

    (a) Transformation Plan Requirements.--To be eligible for a grant 
under this title, an eligible entity shall submit to the Secretary, at 
such time in accordance with procedures as the Secretary shall 
prescribe, an application in the form of a transformation plan that--
            (1) demonstrates how the transformation plan will achieve 
        the desired priority outcomes of transforming a distressed 
        neighborhood of extreme poverty into a mixed-income 
        neighborhood with high- quality, safe, and affordable housing 
        (including the one-for-one replacement of any public or 
        assisted housing units demolished or disposed of under the 
        transformation plan), economic opportunities, well-functioning 
        services, public assets, access to jobs, public transportation, 
        and effective education programs and public schools, including 
        charter schools and other autonomous public schools;
            (2) demonstrates how the required activities under section 
        106(b) will be carried out, including a detailed description of 
        the housing transformation activities under paragraphs (1) and 
        (2) of such section;
            (3) describes the other eligible activities under section 
        106(c) that will be carried out in support of the housing 
        transformation;
            (4) defines desired outcomes of the strategy, how residents 
        of housing assisted under this title will benefit, describes 
        the challenges they face, and the evidence base that informs 
        the proposed strategies that will result in the desired 
        outcomes for the community and residents;
            (5) includes a long-term affordability plan, developed in 
        collaboration with residents of the public and assisted housing 
        assisted under this title, that describes how the grantee will 
        maintain affordable housing in the neighborhood over the next 
        50 years or longer, including affordability provisions relating 
        to dwelling units provided using assistance under the grant 
        under this title, and an agreement by the applicant to update 
        such plan every 5 years during such period; and
            (6) includes such other information as the Secretary shall, 
        by regulation, prescribe.
    (b) Selection Criteria.--The Secretary shall establish criteria for 
the award of grants under this title, which shall include the extent to 
which the transformation plan--
            (1) demonstrates the ability of the plan to further the 
        purposes of this title;
            (2) demonstrates inclusive local planning with input from 
        units of local government, housing owners and providers, 
        educators, residents of housing assisted under this title, 
        local community organizations, public schools, early learning 
        in programs, health service organizations, and community 
        stakeholders in the development and implementation of a 
        sustainable revitalization program;
            (3) coordinates multiple funding resources, including 
        public, private, and philanthropic funding, and emphasizes 
        collaboration between the units of local government, early 
        learning programs and public schools, or a public housing 
        agency, or all three;
            (4) includes current data showing that the neighborhood 
        targeted for revitalization is in need of and can benefit from 
        the authorized activities described in section 106 and proposed 
        in the transformation plan;
            (5) demonstrates the capability and record of the applicant 
        and its partners for managing housing redevelopment or 
        modernization projects, successfully working with public and 
        assisted housing residents during the planning and redesign 
        process, and meeting performance benchmarks;
            (6) demonstrates that sustainable building and energy 
        efficient design principles are incorporated or will be 
        incorporated in the activities conducted pursuant to the plan;
            (7) demonstrates that the neighborhood will have, within a 
        reasonable time, improved access to public transportation that 
        provides access to economic opportunities and commercial and 
        public services;
            (8) demonstrates that the residents of revitalized housing 
        developments will have improved access to high-quality 
        educational opportunities, including early learning and 
        effective elementary and secondary public schools, in or 
        outside of the neighborhood;
            (9) demonstrates that the transformation plan includes the 
        provision of appropriate supportive services and activities 
        that promote economic self-sufficiency of residents of housing 
        assisted under the grant, and a plan to sustain such services;
            (10) demonstrates that the transformation plan provides 
        support for residents displaced as a result of the 
        revitalization of the project, including assistance in 
        obtaining housing in areas with low concentrations of poverty 
        in a manner that does not increase racial segregation;
            (11) demonstrates that sufficient housing opportunities are 
        available in the neighborhood to be revitalized and in low-
        poverty areas to accommodate displaced residents, in a manner 
        that does not increase racial segregation;
            (12) includes a well-documented assessment of the number of 
        households with special needs for ongoing supportive services 
        residing in the public or assisted housing properties that are 
        the target of the grant and an effective plan to address such 
        needs;
            (13) demonstrates the ability to leverage funds from other 
        programs of the Department of Housing and Urban Development, 
        from other Federal, State, or local programs, or from the 
        private sector, including donations of land or services;
            (14) demonstrates the compliance with the requirements of 
        section 109, regarding one-for-one replacement of public and 
        assisted housing units;
            (15) demonstrates how the applicant will use indicators of 
        housing redevelopment, neighborhood quality, resident well-
        being, and other outcomes to measure success, manage program 
        implementation, and engage stakeholders, consistent with 
        requirements established by the Secretary;
            (16) demonstrates, if feasible, phased redevelopment that 
        provides for demolition and construction of dwelling units in 
        phases, to limit disruptions to residents;
            (17) demonstrates that the neighborhood will improve its 
        long-term viability through the revitalization of severely 
        distressed housing, improved access to economic opportunities, 
        improved investment and leveraging in well-functioning 
        services, and improved education programs, public assets, 
        public transportation and access to jobs; and
            (18) demonstrates compliance with any other factors and 
        priorities that further the purposes of this title, as the 
        Secretary may, by regulation, prescribe.

SEC. 108. RIGHT OF RESIDENTS TO RETURN; RELOCATION.

    (a) Determination of Resident Preferences.--An applicant shall, not 
later than 15 days before submitting an application to the Secretary 
for a grant under this title--
            (1) hold a community meeting and provide information to all 
        residents who occupy a dwelling unit in public housing or 
        assisted housing subject to the transformation plan of--
                    (A) the applicant's intent to submit an application 
                for a grant under this title;
                    (B) their right to return and relocation housing 
                options; and
                    (C) all planned replacement housing units; and
            (2) solicit from each resident information regarding the 
        resident's desire to return to the replacement housing units 
        constructed upon the original public or assisted housing 
        location, interest in moving to other neighborhoods or 
        communities, or interest in retaining a voucher for rental 
        assistance.
    (b) Resident Involvement.--
            (1) In general.--Each transformation plan assisted under 
        this title shall provide opportunities for the active 
        involvement and participation of, and consultation with, 
        residents of the public and assisted housing that is subject to 
        the transformation plan during the planning process for the 
        transformation plan, including prior to submission of the 
        application, and during all phases of the planning and 
        implementation. Such opportunities for participation may 
        include participation of members of any resident council or 
        tenant organization, but may not be limited to such members, 
        and shall include all segments of the population of residents 
        of the public and assisted housing that is subject to the 
        revitalization plan, including single parent-headed households, 
        the elderly, young employed and unemployed adults, teenage 
        youth, and disabled persons. Such opportunities shall include a 
        process that provides opportunity for comment on specific 
        proposals for redevelopment, any demolition and disposition 
        involved, and any proposed significant amendments or changes to 
        the transformation plan.
            (2) Public meeting.--The Secretary may not make a grant 
        under this title to an applicant unless the applicant has 
        convened and conducted a public meeting regarding the 
        transformation plan, including the one-for-one replacement to 
        occur under the plan, not later than 15 days before submission 
        of the application for the grant under this section for such 
        plan, at a time and location that is convenient for residents 
        of the public and assisted housing subject to the plan.
            (3) Significant amendments or changes to plan.--An 
        applicant may not carry out any significant amendment or change 
        to a transformation plan unless--
                    (A) the applicant has convened and conducted a 
                public meeting regarding the significant amendment or 
                change at a time and location that is convenient for 
                residents of the public and assisted housing subject to 
                the plan and has provided each household occupying a 
                dwelling unit in such public and assisted housing with 
                written notice of such meeting not less than 10 days 
                before such meeting;
                    (B) after such meeting, the applicant consults with 
                the households occupying dwelling units in the public 
                and assisted housing that are subject to, or to be 
                subject to the plan, and the agency submits a report to 
                the Secretary describing the results of such 
                consultation; and
                    (C) the Secretary approves the significant 
                amendment or change.
        Notwithstanding subparagraph (C), if the Secretary does not 
        approve or disapprove a request for a significant amendment or 
        change to a revitalization plan before the expiration of the 
        30-day period beginning upon the receipt by the Secretary of 
        the report referred to in subparagraph (B), such request shall 
        be considered to have been approved.
    (c) Right To Return.--The Secretary may not approve a 
transformation plan under this title unless the plan provides that each 
resident of public or assisted housing displaced by activities under 
the transformation plan who wishes to return to the on-site or off-site 
replacement housing provided under the plan may return if the 
resident--
            (1) was in compliance with the lease at the time of 
        departure from the housing subject to rehabilitation or 
        demolition; and
            (2) would be eligible, as of the time of such return, for 
        occupancy under the eligibility, screening, and occupancy 
        standards, policies, or practices applicable to the housing 
        from which the resident was displaced, as in effect at such 
        time of displacement.
    (d) Relocation, Notice, Application for Vouchers, and Data.--All 
relocation activities resulting from, or that will result from, 
demolition, disposition, or both demolition and disposition, to be 
carried out under a transformation plan relating to a grant under this 
title shall be subject to the following requirements:
            (1) Uniform relocation and real property acquisition act.--
        The Uniform Relocation and Real Property Acquisition Policies 
        Act of 1970 (42 U.S.C. 4601 et seq.) shall apply. To the extent 
        the provisions of this subsection and such Act conflict, the 
        provisions that provide greater protection to residents 
        displaced by the demolition, disposition, or demolition and 
        disposition, shall apply.
            (2) Relocation plan.--The applicant shall submit to the 
        Secretary, together with the application for a grant under this 
        title, a relocation plan providing for the relocation of 
        residents occupying the public or assisted housing for which 
        the demolition or disposition is proposed, which shall 
        include--
                    (A) a statement of the estimated number of vouchers 
                for rental assistance under section 108 that will be 
                needed for such relocation;
                    (B) identification of the location of the 
                replacement dwelling units that will be made available 
                for permanent occupancy; and
                    (C) a statement of whether any temporary, off-site 
                relocation of any residents is necessary and a 
                description of the plans for such relocation.
            (3) Notice upon approval of application.--Within a 
        reasonable time after notice to the applicant of the approval 
        of an application for a grant under this section, the applicant 
        shall provide notice in writing, in plain and non-technical 
        language, to the residents of the public and assisted housing 
        subject to the approved transformation plan that--
                    (A) states that the application and transformation 
                plan has been approved;
                    (B) describes the process involved to relocate the 
                residents, including a statement that the residents may 
                not be relocated until the conditions set forth in 
                section 110 have been met;
                    (C) provides information regarding relocation 
                options; and
                    (D) advises residents of the availability of 
                relocation counseling as required in paragraph (7).
            (4) Notice before relocation.--Except in cases of a 
        substantial and imminent threat to health or safety, not later 
        than 90 days before the date on which residents will be 
        relocated, the grantee shall provide notice in writing, in 
        plain and non-technical language, to each family residing in a 
        public or assisted housing project that is subject to an 
        approved transformation plan, and in accordance with such 
        guidelines as the Secretary may issue governing such 
        notifications, that--
                    (A) the public or assisted housing project will be 
                demolished or disposed of;
                    (B) the demolition of the building in which the 
                family resides will not commence until each resident of 
                the building is relocated; and
                    (C) if temporary, off-site relocation is necessary, 
                each family displaced by such action shall be offered 
                comparable housing--
                            (i) that meets housing quality standards;
                            (ii) that is located in an area that is 
                        generally not less desirable than the location 
                        of the displaced family's housing, which shall 
                        include at least one unit located in an area of 
                        low-poverty or one unit located within the 
                        neighborhood of the original public or assisted 
                        housing site;
                            (iii) that is identified and available to 
                        the family; and
                            (iv) which shall include--
                                    (I) tenant-based assistance, except 
                                that the requirement under this 
                                subparagraph regarding offering of 
                                comparable housing shall be fulfilled 
                                by use of tenant-based assistance only 
                                upon the relocation of the family into 
                                such housing;
                                    (II) project-based assistance;
                                    (III) occupancy in a unit operated 
                                or assisted by the public housing 
                                agency or the owner of the assisted 
                                project demolished or disposed of under 
                                this section, at a rental rate paid by 
                                the family that is comparable to the 
                                rental rate applicable to the unit from 
                                which the family is relocated; or
                                    (IV) other comparable housing.
            (5) Search period.--Notwithstanding any other provision of 
        law, in the case of a household that is provided tenant-based 
        assistance for relocation of the household under this section, 
        the period during which the household may lease a dwelling unit 
        using such assistance shall not be shorter in duration than the 
        150-day period that begins at the time a comparable replacement 
        unit is made available to the family. If the household is 
        unable to lease a dwelling unit using such assistance during 
        such period, the grantee shall extend the period during which 
        the household may lease a dwelling unit using such assistance, 
        or at the resident's request, shall provide the resident with 
        the next available comparable public housing unit or comparable 
        housing unit for which project-based assistance is provided.
            (6) Payment of relocation expenses.--The grantee shall 
        provide for the payment of the actual and reasonable relocation 
        expenses, including security deposits, of each resident to be 
        displaced and any other relocation expenses as are required by 
        the Uniform Relocation Assistance and Real Property Acquisition 
        Policies Act of 1970.
            (7) Comprehensive relocation counseling.--The grantee shall 
        provide all advisory programs and services as required by the 
        Uniform Relocation Assistance and Real Property Acquisition 
        Policies Act of 1970 and counseling for residents who are 
        displaced that shall fully inform residents to be displaced of 
        all relocation options, which may include relocating to housing 
        in a neighborhood with a lower concentration of poverty than 
        their current residence or remaining in the current 
        neighborhood. Such counseling shall also include providing 
        school options for children and comprehensive housing search 
        assistance for household that receive a voucher for tenant-
        based assistance.
            (8) Timing of demolition or disposition.--The grantee shall 
        not commence demolition or complete disposition of a building 
        subject to the approved transformation plan until all residents 
        residing in the building are relocated.
            (9) Timing of relocation.--The applicant shall not commence 
        relocation before approval by the Secretary of the 
        transformation plan providing for the demolition or 
        disposition, unless the applicant generally relocates residents 
        in accordance with this section, as determined by the 
        Secretary, except in the case of a substantial and imminent 
        threat to health or safety.
    (e) Monitoring of Displaced Households.--
            (1) Grantee responsibilities.--To facilitate compliance 
        with the requirement under subsection (a) (relating to right of 
        residents to return), the Secretary shall, by regulation, 
        require each grantee of a grant under this section, during the 
        period of the transformation plan assisted with the grant and 
        until all funding under the grant has been expended--
                    (A) to maintain a current address of residence and 
                contact information for each household affected by the 
                transformation plan who was occupying a dwelling unit 
                in the housing that is subject to the plan; and
                    (B) to provide such updated information to the 
                Secretary on at least a quarterly basis.
            (2) Certification.--The Secretary may not close out any 
        grant made under this section before the grantee has certified 
        to the Secretary that the agency has complied with subsection 
        (a) (relating to right of residents to return) with respect to 
        each resident displaced as a result of the transformation plan, 
        including providing occupancy in a replacement dwelling unit 
        for each resident who requested such a unit in accordance with 
        such subsection.
    (f) Preference.--A returning resident shall be provided a 
preference for occupancy of on-site or off-site replacement units 
before such units are made available for occupancy by any other 
eligible households, or the resident may choose to retain tenant-based 
voucher assistance provided under section 8(o) of the United States 
Housing Act of 1937 for relocation from the properties revitalized 
under a transformation plan assisted with a grant under this title.
    (g) Prohibition on Re-Screening.--A public housing agency or any 
other manager of on-site or off-site replacement housing shall not, 
through the application of any additional eligibility, screening, 
occupancy, or other policy or practice, prevent any person otherwise 
eligible under subsection (a) from occupying a replacement housing 
unit.

SEC. 109. ONE-FOR-ONE REPLACEMENT OF PUBLIC AND ASSISTED HOUSING 
              DWELLING UNITS.

    (a) One-for-One Replacement of Public or Assisted Housing Units.--
The Secretary may not approve a transformation plan that provides for 
dwelling units to be demolished or disposed of unless the plan provides 
as follows:
            (1) Requirement to replace each unit.--One hundred percent, 
        or such lower percentage as is provided pursuant to subsection 
        (b), of the public and assisted housing dwelling units and 
        units described in section 116(1)(E) that are demolished or 
        disposed of pursuant to the transformation plan shall be 
        replaced with a newly constructed, rehabilitated, or purchased 
        public or assisted housing unit or with a newly constructed, 
        rehabilitated, or purchased unit (including through project-
        based assistance) that is subject to requirements regarding 
        eligibility for occupancy, tenant contribution toward rent, and 
        long-term affordability restrictions that are consistent with 
        such requirements for public and assisted housing dwelling 
        units or for State units, as applicable, except that--
                    (A) subparagraph (D) of section 8(o)(13) of the 
                United States Housing Act of 1937 (relating to income-
                mixing requirement of project-based assistance) shall 
                not apply with respect to vouchers used to comply with 
                the requirements of this paragraph; and
                    (B) for purposes of this paragraph, subparagraph 
                (B) of such section 8(o)(13) (relating to percentage 
                limitation) shall be applied by substituting ``50 
                percent'' for ``20 percent''.
            (2) Other requirements.--Admission to, administration of, 
        and eviction from replacement housing units that replaced 
        public housing units, but that are not public housing dwelling 
        units, shall be subject to the following provisions to the same 
        extent as public housing dwelling units:
                    (A) Section 578 of the Quality Housing and Work 
                Responsibility Act of 1998 (42 U.S.C. 13663; relating 
                to ineligibility of dangerous sex offenders).
                    (B) Section 16(f) of the United States Housing Act 
                of 1937 (42 U.S.C. 1437n(f); relating to ineligibility 
                of certain drug offenders).
                    (C) Sections 20 and 21 of the United States Housing 
                Act of 1937 (42 U.S.C. 1437r, 1437s; relating to 
                resident management).
                    (D) Section 25 of the United States Housing Act of 
                1937 (42 U.S.C. 1437w; relating to transfer of 
                management at request of residents).
                    (E) Section 6(k) of the United States Housing Act 
                of 1937 (42 U.S.C. 1437d(k); relating to administrative 
                grievance procedure).
                    (F) Section 6(f) of the United States Housing Act 
                of 1937 (42 U.S.C. 1437d(f); relating to housing 
                quality requirements).
                    (G) Part 964 of title 24, Code of Federal 
                regulations (relating to tenant participation and 
                opportunities).
            (3) Retention of rights.--Tenants occupying a replacement 
        housing unit shall have all rights provided to tenants of the 
        housing from which the tenants were relocated.
            (4) Size.--
                    (A) In general.--Replacement units shall be of 
                comparable size, unless a market analysis shows a need 
                for other-sized units, in which case such need shall be 
                addressed.
                    (B) Bedrooms.--The number of bedrooms within each 
                replacement unit shall be sufficient to serve families 
                displaced as a result of the demolition or disposition. 
                Replacement units may include a greater number of 
                bedrooms than the number of bedrooms in units replaced 
                if an analysis of the waiting list of the public 
                housing agency shows that more bedrooms are needed to 
                accommodate families on the waiting list.
            (5) Location on site.--At least one-third of all 
        replacement units for public and assisted housing units 
        demolished shall be public or assisted housing units 
        constructed within the immediate area of the original public or 
        assisted housing location, unless the Secretary determines 
        that--
                    (A) construction on such location would result in 
                the violation of a consent decree; or
                    (B) the land on which the public and assisted 
                housing is located is environmentally unsafe, 
                geologically unstable, or otherwise is unsuitable for 
                the construction of housing.
            (6) Location in the neighborhood.--Any replacement housing 
        units provided in addition to dwelling units provided pursuant 
        to paragraph (5) shall--
                    (A) be provided in areas within the neighborhood, 
                except that if rebuilding the units within the 
                neighborhood is not feasible, units shall be provided 
                within the jurisdiction of the public housing agency--
                            (i) in areas having low concentrations of 
                        poverty;
                            (ii) in a manner that furthers the economic 
                        and educational opportunities for residents;
                            (iii) in a manner that does not increase 
                        racial segregation; and
                            (iv) in areas offering access to public 
                        transportation; and
                    (B) have access to social, recreational, 
                educational, commercial, and health facilities and 
                services, including municipal services and facilities, 
                that are comparable to services provided to the 
                revitalized neighborhood from which residents were 
                displaced.
    (b) Waiver.--
            (1) Authority.--Upon the written request of an applicant 
        for a grant under this title submitted as part of the 
        transformation plan pursuant to section 107, the Secretary may 
        reduce the percentage applicable under subsection (a)(1) to the 
        transformation plan of the applicant to not less than 80 
        percent, but only if--
                    (A) a judgment, consent decree, or other order of a 
                court limits the ability of the applicant to comply 
                with such requirements; or
                    (B) the applicant demonstrates that there is an 
                excess supply of affordable rental housing in areas of 
                low poverty and provides data showing that, in the area 
                surrounding the revitalized neighborhood--
                            (i) at least 80 percent of vouchers issued 
                        under section 8(o) of the United States Housing 
                        Act of 1937 over the last 24 months to 
                        comparable families were successfully used to 
                        lease a dwelling unit within 120 days of 
                        issuance or, if a sufficient number of 
                        comparable families have not received vouchers, 
                        an alternative measure, as the Secretary shall 
                        design, is met;
                            (ii) existing voucher holders are widely 
                        dispersed geographically in areas of low 
                        poverty with access to public transportation, 
                        education, and other amenities, as determined 
                        by the Secretary, among the available private 
                        rental housing stock; and
                            (iii) the applicant provides a market 
                        analysis demonstrating that--
                                    (I) there is a relatively high 
                                vacancy rate among units that would 
                                meet or exceed housing quality 
                                standards, as determined by the 
                                Secretary, within the market area with 
                                rent and utility costs not exceeding 
                                the applicable payment standard under 
                                section 8(o) of the United States 
                                Housing Act of 1937 (42 U.S.C. 
                                1437f(o)); and
                                    (II) such high vacancy rate within 
                                the market area is expected to continue 
                                for the next 5 years or longer.

SEC. 110. OTHER PROGRAM REQUIREMENTS.

    (a) Fair Housing.--The demolition or disposition, relocation, 
replacement, and reoccupancy of housing units in connection with a 
grant under this title shall be carried out in a manner that 
affirmatively furthers fair housing, as required by section 808 of the 
Civil Rights Act of 1968 (42 U.S.C. 3608(e)). Grantees shall adopt 
affirmative marketing procedures, and require affirmative marketing 
activities of project owners and managers. Such special outreach 
efforts shall be targeted to those who are least likely to apply for 
the housing, to ensure that all persons regardless of their race, 
color, national origin, religion, sex, disability, or familial status 
are aware of the housing opportunities in each project funded with a 
grant under this title.
    (b) Accessibility Requirements.--All new construction and 
alterations of existing buildings carried out in connection with a 
grant under this title shall comply with the requirements of the 
section 504 of Rehabilitation Act of 1973 (29 U.S.C. 794), the 
Accessibility Standards for Design, Construction, and Alteration of 
Publicly Owned Residential Structures of the Department of Housing and 
Urban Development (24 C.F.R. part 40), the Fair Housing Act (42 U.S.C. 
3601 et seq.), and any other requirements as determined by the 
Secretary.
    (c) Affordability Requirement.--Amounts from a grant under this 
title may not be used for assistance for any housing property unless 
the owner of the property assisted agrees to a period of affordability 
for the property which shall be not shorter than the period of 
affordability to which the property is already subject and remains 
subject, or 20 years, whichever is longer.
    (d) Cost Limits.--Subject to the provisions of this title, the 
Secretary shall establish cost limits on eligible activities under this 
title sufficient to provide for effective transformation programs.
    (e) Environmental Review.--For purposes of environmental review, 
assistance and projects under this title shall be treated as assistance 
for special projects that are subject to section 305(c) of the 
Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 
3547), and shall be subject to the regulations issued by the Secretary 
to implement such section.
    (f) Grantee Reporting.--The Secretary shall require grantees under 
this title to report the sources and uses of all amounts expended and 
other information for transformation plans for the Secretary's annual 
report to Congress or other purposes as determined by the Secretary.

SEC. 111. DEMOLITION AND DISPOSITION.

    (a) Inapplicability of Public Housing Demolition and Disposition 
Requirements to Transformation Plan.--The demolition or disposition of 
severely distressed public housing pursuant to a transformation plan 
approved under this title shall exempt from the provisions of section 
18 of the United States Housing Act of 1937 (42 U.S.C. 1437p).
    (b) Applicability of Public Housing Demolition and Disposition 
Requirements to Replacement Public Housing.--Nothing in this title may 
be construed to exempt any replacement public housing dwelling units 
provided under a transformation plan in accordance with the 
requirements under section 109 (relating to one-for-one replacement of 
public housing dwelling units) from the provisions of section 18 of the 
United States Housing Act of 1937.

SEC. 112. PHASE-SPECIFIC UNDERWRITING.

    To the extent that a transformation plan provides for different 
phases of activities, the Secretary may allow for the various phases of 
such plan to be underwritten on a separate basis.

SEC. 113. ADMINISTRATION BY OTHER ENTITIES.

    The Secretary may require a grantee under this title to make 
arrangements satisfactory to the Secretary for use of an entity other 
than the original grantee to carry out activities assisted under the 
transformation plan of the grantee, if--
            (1) the original grantee has failed to meet performance 
        benchmarks relating to implementation of the transformation 
        plan; and
            (2) the Secretary determines that such action will help to 
        effectuate the purposes of this title.

SEC. 114. WITHDRAWAL OF FUNDING.

    If a grantee under this title does not proceed within a reasonable 
timeframe in implementing its transformation plan or does not otherwise 
comply with the requirements of this title and the grant agreement, as 
determined by the Secretary, the Secretary may withdraw any grant 
amounts under this title that have not been obligated by the grantee. 
The Secretary may redistribute any withdrawn amounts to one or more 
other eligible entities capable of proceeding expeditiously in the same 
locality in carrying out the transformation plan of the original 
grantee, or as such plan may be modified and approved by the Secretary, 
or, if that is not feasible, to one or more other applicants that has 
already received assistance under this title.

SEC. 115. ANNUAL REPORT; PUBLIC AVAILABILITY OF GRANT INFORMATION.

    (a) Annual Report.--Not less than 90 days before the conclusion of 
each fiscal year, the Secretary shall submit to Committee on Financial 
Services of the House of Representatives and the Committee on Banking, 
Housing, and Urban Affairs of the Senate a report on the implementation 
and status of grants awarded under this title, which shall include--
            (1) the number, type, and cost of affordable housing units 
        revitalized pursuant to this title;
            (2) the amount and type of financial assistance provided 
        under and in conjunction with this title, including a 
        specification of the amount and type of assistance provided for 
        educational opportunities, services, public assets, public 
        transportation, and access to jobs;
            (3) the impact of grants made under this title on the 
        original residents, the target neighborhoods, and the larger 
        communities within which they are located;
            (4) all information submitted to the Secretary pursuant to 
        section 108(g)(1) by all grantees and summaries of the extent 
        of compliance by grantees with the requirements under 
        subsections (a) and (g) of section 108; and
            (5) any information related to grantees implementation of 
        the requirements under section 109 (relating to one-for-one 
        replacement of public housing dwelling units) and the efforts 
        of the Secretary to coordinate funding pursuant to section 
        106(d)(3).
    (b) Public Availability of Grant Information.--To the extent not 
inconsistent with any other provisions of law, the Secretary shall make 
publicly available through a World Wide Web site of the Department of 
Housing and Urban Development all documents of, or filed with, the 
Department relating to the program under this title, including 
applications, grant agreements, plans, budgets, reports, and amendments 
to such documents; except that in carrying out this subsection, the 
Secretary shall take such actions as may be necessary to protect the 
privacy of any residents and households displaced from public or 
assisted housing as a result of a transformation plan assisted under a 
grant under this title.

SEC. 116. DEFINITIONS.

    For purposes of this title, the following definitions shall apply:
            (1) Affordable housing.--The term ``affordable housing'' 
        includes--
                    (A) public housing assisted under section 9 of the 
                United States Housing Act of 1937 (42 U.S.C. 1437g);
                    (B) assisted housing (as such term is defined in 
                this section);
                    (C) housing assisted under an affordable housing 
                program administered by the Secretary of Agriculture 
                through Rural Housing Service;
                    (D) rental housing that utilizes tax credits under 
                section 42 or the Internal Revenue Code of 1986;
                    (E) affordable rental housing owned, developed, or 
                assisted through a State or local government or State 
                housing finance agency, including State-assisted public 
                housing, which is subject to a long-term affordability 
                restriction requiring occupancy by low-income 
                households; and
                    (F) private housing for low- and moderate-income 
                households and for which the Secretary requires the 
                owner or purchaser of the project to maintain 
                affordability for no fewer than 20 years in accordance 
                with use restrictions under regulations issued by the 
                Secretary, which restrictions shall be--
                            (i) contained in a legally enforceable 
                        document recorded in the appropriate records; 
                        and
                            (ii) consistent with the long-term 
                        viability of the project as rental or 
                        homeownership housing.
            (2) Applicant.--The term ``applicant'' means an eligible 
        entity under section 104(a) that submits an application for a 
        grant under this title pursuant to section 107.
            (3) Assisted housing.--The term ``assisted housing'' means 
        rental housing assisted under--
                    (A) section 8 of the United States Housing Act of 
                1937 (42 U.S.C. 1437f, 1437g);
                    (B) section 221(d)(3) or 236 of the National 
                Housing Act (12 U.S.C. 1715l, 1715z-1);
                    (C) section 202 of the Housing Act of 1959 (12 
                U.S.C. 1701q); or
                    (D) section 811 of Cranston-Gonzalez National 
                Affordable Housing Act (42 U.S.C. 8013).
            (4) Critical community improvements.--The term ``critical 
        community improvements'' means--
                    (A) development or improvement of community 
                facilities to promote upward mobility, self-
                sufficiency, or improved quality of life for residents 
                of the neighborhood, such as construction or 
                rehabilitation of parks and community gardens, 
                environmental improvements, or site remediation at 
                affected sites; or
                    (B) activities to promote economic development, 
                such as development or improvement of transit, retail, 
                community financial institutions, public services, 
                facilities, assets, or other community resources.
            (5) Extreme poverty.--The term ``extreme poverty'' means, 
        with respect to a neighborhood, that the neighborhood--
                    (A) has a high percentage of residents who are--
                            (i) estimated to be in poverty; or
                            (ii) have extremely low incomes based on 
                        the most recent data collected by the United 
                        States Census Bureau; and
                    (B) is experiencing distress related to one or more 
                of the following:
                            (i) Per capita crime rates over 3 or more 
                        years that are significantly higher than the 
                        per capita crime rates of the city or county in 
                        which the neighborhood is located.
                            (ii) High rates of vacant, abandoned, or 
                        substandard homes relative to the city or 
                        county as a whole.
                            (iii) A low-performing public school.
                            (iv) Other such factors as determined by 
                        the Secretary that further the purposes of this 
                        title.
            (6) Families.--The term ``families'' has the meaning given 
        such term in section 3(b) of the United States Housing Act of 
        1937 (42 U.S.C. 1437a(b)).
            (7) Grantee.--The term ``grantee'' means an eligible entity 
        under section 104 that is awarded a grant under this title, 
        pursuant to selection under section 107.
            (8) Long-term viability.--The term ``long-term viability'' 
        means, with respect to a neighborhood, that the neighborhood is 
        sustainable on an economic, education, and environmental basis.
            (9) Neighborhood.--The term ``neighborhood'' means an area 
        that--
                    (A) has distinguishing characteristics;
                    (B) represents the geographical distribution of 
                targeted populations; and
                    (C) is not exclusive of areas that are integrally 
                related to the composition of the community.
            (10) Public housing; public housing agency.--The terms 
        ``public housing'' and ``public housing agency'' have the 
        meanings given such terms in section 3(b) of the United States 
        Housing Act of 1937 (42 U.S.C. 1437a(b)).
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (12) Severely distressed housing.--The term ``severely 
        distressed housing'' means a public or assisted housing project 
        (or building in a project) that--
                    (A)(i) has been certified, by an engineer or 
                architect licensed by a State licensing board, as 
                meeting criteria for physical distress that indicate 
                that the project requires major redesign, 
                reconstruction, or redevelopment, or partial or total 
                demolition, to correct serious deficiencies in the 
                original design (including inappropriately high-
                population density), deferred maintenance, physical 
                deterioration or obsolescence of major systems, and 
                other deficiencies in the physical plant of the 
                project; and
                    (ii) is a significant contributing factor to the 
                physical decline of and disinvestment by public and 
                private entities in the surrounding neighborhood, as 
                documented by evidence of non-physical distress, such 
                as extreme poverty, including census data and past 
                surveys of neighborhood stability conducted by an 
                applicant or co-applicant or their qualified designee; 
                or
                    (B) was a project described in subparagraph (A) 
                that has been legally vacated or demolished, but for 
                which the Secretary has not yet provided replacement 
                housing assistance other than tenant-based assistance.
            (13) Significant amendment or change.--The term 
        ``significant'' means, with respect to an amendment or change 
        to a transformation plan, that the amendment or change--
                    (A) changes the use of 20 percent or more of the 
                total amount of the grant provided under this title 
                from use for one activity to use for another;
                    (B) eliminates an activity that is a required 
                activity that, notwithstanding the change, would 
                otherwise be carried out under the plan; or
                    (C) significantly changes the scope, location, or 
                beneficiaries of the project carried out under the 
                plan.
            (14) Supportive services.--The term ``supportive services'' 
        includes all activities that will promote upward mobility, 
        self-sufficiency, or improved quality of life, including--
                    (A) such activities as literacy training, remedial 
                and continuing education, job training, financial 
                literacy instruction, daycare, youth services, aging-
                in-place, physical and mental health services, and 
                other programs for which such residents demonstrate 
                need;
                    (B) case management and service coordination 
                services, including providing coordinators for the 
                Family Self-Sufficiency program under section 23 of the 
                United States Housing Act of 1937 (42 U.S.C. 1437u) and 
                the Resident Opportunity and Supportive Services 
                program under section 34 of such Act (42 U.S.C. 1437z-
                6); and
                    (C) technical assistance to enable residents to 
                access programs from other key agencies and local 
                service providers in order to help residents be stably 
                housed, improve outcomes for children, and enhance 
                adults' capacity for self-sufficiency and economic 
                security, and services for the elderly and persons with 
                disabilities to maintain independence.

SEC. 117. FUNDING.

    There are authorized to be appropriated the following amounts:
            (1) Grants.--$575,000,000 for fiscal year 2011 and such 
        sums as may be necessary in each of fiscal years 2011, 2012, 
        2013, 2014, and 2015, for grants under this title, of which, in 
        any fiscal year--
                    (A) up to 10 percent of such amount authorized may 
                be used for planning grants, except that in awarding 
                planning grants, the Secretary may elect to base 
                selection on a subset of the required provisions of 
                this title;
                    (B) up to 5 percent of the amount authorized may be 
                used for technical assistance and program evaluation 
                efforts related to grants awarded under this title, or 
                under predecessor programs; and
                    (C) not less than two-thirds shall be used for, or 
                two-thirds of the number of housing units assisted 
                under this title shall be, public housing units, 
                subject to de minimis variations as may result from the 
                grantee selection process.
            (2) Rental assistance.--Such sums as may be necessary for 
        each of fiscal years 2011 through 2015 for providing tenant-
        based assistance for relocation and for rental assistance under 
        section 8 of the United States Housing Act of 1937 for the 
        purposes of complying with section 108(c) of this title, but 
        not to exceed the amount of assistance for the number of units 
        demolished or disposed of under section 108(c)(1).

SEC. 118. REGULATIONS.

    Not later than the expiration of the 180-day period beginning on 
the date of the enactment of this Act, the Secretary shall issue 
regulations to carry out the following provisions of this title:
            (1) Subsections (c) and (e) of section 106.
            (2) Section 9(b).
            (3) Paragraphs (4), (5), (8), (9), and (12) of section 116.

 TITLE II--PUBLIC HOUSING ONE-FOR-ONE REPLACEMENT AND TENANT PROTECTION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Public Housing One-for-One 
Replacement and Tenant Protection Act of 2010''.

SEC. 202. DEMOLITION AND DISPOSITION OF PUBLIC HOUSING.

    (a) Amendments to Section 18.--Section 18 of the United States 
Housing Act of 1937 (42 U.S.C. 1437p) is amended--
            (1) by redesignating subsections (a) through (h) as 
        subsections (b) through (i), respectively;
            (2) by inserting before subsection (b) (as so redesignated 
        by paragraph (1) of this subsection) the following new 
        subsection:
    ``(a) Applicability.--Notwithstanding any other provision of law, 
this section shall apply to--
            ``(1) demolition, disposition, or demolition or disposition 
        or both pursuant to conversion under section 22 or 33 of any 
        public housing unit; and
            ``(2) the taking of public housing units, directly or 
        indirectly, through the use of eminent domain.'';
            (3) in subsection (b) (as so redesignated by paragraph (1) 
        of this subsection)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``subsection (b)'' and 
                        inserting ``subsection (c)''; and
                            (ii) by striking ``if the public housing 
                        agency certifies'' and inserting ``only if the 
                        Secretary determines that'';
                    (B) in paragraph (2)(A)(ii), by striking ``low-
                income housing'' and inserting ``housing for low-
                income, very-low income, and extremely low-income 
                families consistent with the needs identified pursuant 
                to section 5A(d)(1) in the public housing agency plan 
                for the agency and with targeting requirements under 
                section 16(a) for public housing'';
                    (C) by striking paragraph (4);
                    (D) in paragraph (6), by striking ``subsection 
                (c)'' and inserting ``subsection (d)'';
                    (E) by redesignating paragraphs (5) and (6) as 
                paragraphs (4) and (5), respectively; and
                    (F) by inserting after paragraph (5) (as so 
                redesignated) the following new paragraph:
            ``(6) that the public housing agency has obtained from each 
        resident information pursuant to subsection (f)(3)(B) and has 
        established a replacement housing preference for each such 
        resident.'';
            (4) in subsection (c) (as so redesignated by paragraph (1) 
        of this subsection)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``subsection (a)'' and inserting ``subsection 
                (b)'';
                    (B) in paragraph (1), by striking ``or'' at the 
                end;
                    (C) in paragraph (2)(C) by striking the period at 
                the end and inserting a semicolon; and
                    (D) by adding at the end the following new 
                paragraphs:
            ``(3) the application does not provide for the active 
        involvement and participation of, and consultation with, 
        residents, resident advisory boards, and resident councils of 
        the public housing development that is subject to the 
        application during the planning and implementation of the plan 
        for demolition, relocation, and replacement of the units;
            ``(4) the proposed relocation, demolition, disposition, 
        demolition or disposition or both pursuant to conversion under 
        section 22 or 33, or the provision of replacement housing will 
        not be carried out in a manner that affirmatively furthers fair 
        housing, as described in section 808(e) of the Civil Rights Act 
        of 1968 (42 U.S.C. 3608(e)), or that the measures proposed by 
        the public housing agency to mitigate potential adverse impacts 
        of the proposed relocation, demolition, disposition, demolition 
        or disposition or both pursuant to conversion under section 22 
        or 33, or the provision of replacement housing on persons 
        protected by section 804 of the Civil Rights Act of 1968 (42 
        U.S.C. 3604), are clearly insufficient or inappropriate; or
            ``(5) the Secretary determines that the proposed plan for 
        relocation, demolition, disposition, demolition or disposition 
        or both subsequent to conversion pursuant to section 22 or 33, 
        or the provision of replacement housing does not comply with 
        the requirements of subsection (e) of this section.'';
            (5) by striking subsection (e) (as so redesignated by 
        paragraph (1) of this subsection) and inserting the following 
        new subsection:
    ``(e) Replacement Units.--
            ``(1) Requirement to replace or maintain each unit.--
                    ``(A) Replacement.--Except for demolition pursuant 
                to subsection (g) or as provided in paragraph (2) of 
                this subsection, each public housing dwelling unit 
                demolished or disposed of after August 1, 2008, shall 
                be replaced with a newly constructed, rehabilitated, or 
                purchased public housing rental unit or with a newly 
                constructed, rehabilitated, or purchased unit 
                (including through project-based assistance), and each 
                public housing unit that is converted pursuant to 
                section 22 or 33 shall be converted to project-based 
                assistance.
                    ``(B) Requirements applicable to replacement 
                units.--Such replacement or converted units shall be 
                subject to requirements regarding eligibility for 
                occupancy, tenant contribution toward rent, and 
                affordability restrictions that are consistent with 
                such requirements for public housing dwelling units, 
                and such requirements shall not terminate unless units 
                are replaced with a comparable number of units that are 
                subject to the same requirements.
                    ``(C) Inapplicability of certain project-based 
                voucher requirements.--Subparagraphs (B) and (D) of 
                section 8(o)(13) of the United States Housing Act of 
                1936 (relating to percentage limitation and income 
                mixing requirement of project-based assistance) shall 
                not apply with respect to vouchers used to comply with 
                the requirements of this paragraph.
            ``(2) Waiver.--The requirement under paragraph (1) may be 
        waived by the Secretary with respect to up to 10 percent of the 
        total number of public housing units owned by a public housing 
        agency in any 10-year period, if--
                    ``(A) a judgment, consent decree, or other order of 
                a court limits the ability of the applicant to comply 
                with such requirements; or
                    ``(B) the public housing agency demonstrates that 
                there is an excess supply of affordable rental housing 
                in areas of low poverty and provides data showing that, 
                in the area surrounding the project or projects in 
                which such units are located--
                            ``(i) at least 80 percent of vouchers 
                        issued under section 8(o) of the United States 
                        Housing Act of 1937 over the last 24 months to 
                        comparable families were successfully used to 
                        lease a dwelling unit within 120 days of 
                        issuance or, if a sufficient number of 
                        comparable families have not received vouchers, 
                        an alternative measure, as the Secretary shall 
                        design, is met;
                            ``(ii) existing voucher holders are widely 
                        dispersed geographically in areas of low 
                        poverty with access to public transportation, 
                        education, and other amenities, as determined 
                        by the Secretary, among the available private 
                        rental housing stock; and
                            ``(iii) the applicant provides a market 
                        analysis demonstrating that--
                                    ``(I) there is a relatively high 
                                vacancy rate among units that would 
                                meet or exceed housing quality 
                                standards, as determined by the 
                                Secretary, within the market area with 
                                rent and utility costs not exceeding 
                                the applicable payment standard under 
                                section 8(o) of the United States 
                                Housing Act of 1937 (42 U.S.C. 
                                1437f(o)); and
                                    ``(II) such high vacancy rate 
                                within the market area is expected to 
                                continue for the next 5 years or 
                                longer.
            ``(3) Continuation of use restrictions.--In the event of a 
        foreclosure or bankruptcy of an owner of such a property, 
        notwithstanding any other provision of State or Federal law, 
        such property shall remain subject to the requirements of any 
        project-based rental assistance contract in existence at the 
        time of the foreclosure or bankruptcy, the lease between the 
        prior owner and tenants assisted under such contract, and any 
        use agreement in effect immediately before the foreclosure or 
        bankruptcy filing, and a successor in interest in such property 
        shall assume such contract, extensions, leases, and use 
        agreement obligations, provided that the Secretary may modify 
        this requirement if the Secretary determines that the converted 
        units are not physically viable.
            ``(4) Other requirements.--Admission to, administration of, 
        and eviction from replacement housing units that are not public 
        housing dwelling units shall be subject to the following 
        provisions to the same extent as public housing dwelling units:
                    ``(A) Section 578 of the Quality Housing and Work 
                Responsibility Act of 1998 (42 U.S.C. 13663; relating 
                to ineligibility of dangerous sex offenders).
                    ``(B) Section 16(f) of the United States Housing 
                Act of 1937 (42 U.S.C. 1437n(f); relating to 
                ineligibility of certain drug offenders).
                    ``(C) Sections 20 and 21 of the United States 
                Housing Act of 1937 (42 U.S.C. 1437r, 1437s; relating 
                to resident management).
                    ``(D) Section 25 of the United States Housing Act 
                of 1937 (42 U.S.C. 1437w; relating to transfer of 
                management at request of residents).
                    ``(E) Section 6(k) of the United States Housing Act 
                of 1937 (42 U.S.C. 1437d(k); relating to administrative 
                grievance procedure).
                    ``(F) Section 6(f) of the United States Housing Act 
                of 1937 (42 U.S.C. 1437d(f); relating to housing 
                quality requirements).
                    ``(G) Part 964 of title 24, Code of Federal 
                regulations (relating to tenant participation and 
                opportunities).
            ``(5) Retention of rights.--Tenants occupying a replacement 
        housing unit shall have all rights provided to tenants of 
        public housing under this Act.
            ``(6) Size.--
                    ``(A) In general.--Replacement units shall be of 
                comparable size, unless a market analysis shows a need 
                for other sized units, in which case such need shall be 
                addressed.
                    ``(B) Bedrooms.--The number of bedrooms within each 
                replacement unit shall be sufficient to serve families 
                displaced as a result of the demolition or disposition. 
                Replacement units may include a greater number of 
                bedrooms than the number of bedrooms in units replaced 
                if an analysis of the waiting list of the public 
                housing agency shows that more bedrooms are needed to 
                accommodate families on the waiting list.
            ``(7) Location on site.--At least one-third of all 
        replacement units for public housing units demolished shall be 
        public housing units constructed on the original public housing 
        location, unless the Secretary determines that--
                    ``(A) construction on such location would result in 
                the violation of a consent decree; or
                    ``(B) the land on which the public housing is 
                located is environmentally unsafe, geologically 
                unstable, or otherwise is unsuitable for the 
                construction of housing.
            ``(8) Location in other areas.--Any replacement housing 
        units provided in addition to dwelling units provided pursuant 
        to paragraph (3) shall be provided in areas within the 
        jurisdiction of the public housing agency having low 
        concentrations of poverty, in a manner that furthers the 
        economic and educational opportunities for residents.'';
            (6) in subsection (f) (as so redesignated by paragraph (1) 
        of this subsection)--
                    (A) by striking the subsection designation and all 
                that follow through ``Nothing'' and inserting the 
                following:
    ``(f) Treatment of Occupancy.--
            ``(1) Consolidation of occupancy within or among 
        buildings.--Nothing'';
                    (B) by inserting before the period at the end the 
                following: ``, except that, a public housing agency 
                submitting an application for demolition or disposition 
                pursuant to this section may not consolidate any units 
                during the period that begins upon submission of such 
                application and ends upon approval of the application 
                by the Secretary, except in cases of an imminent and 
                substantial threat to health or safety''; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(2) Determination of occupancy.--For purposes of this 
        subsection, the number of public housing residents residing in 
        a development shall be determined as of the date the initial 
        public housing agency plan or a proposed amendment thereto 
        indicating an intent to apply for a demolition application 
        pursuant to subsection (b) of this section is or should have 
        been presented to the resident advisory board for 
        consideration, or in the case of a demolition application due 
        to a natural disaster, on the date of the natural disaster.
            ``(3) Resident preferences.--A public housing agency shall, 
        not later than 30 days before submitting an application to the 
        Secretary for demolition, disposition, or demolition or 
        disposition or both pursuant to conversion under section 22 or 
        33--
                    ``(A) meet with and inform in writing all residents 
                who occupied a public housing unit on the date 
                determined in accordance with paragraph (2) of this 
                subsection of--
                            ``(i) the public housing agency's intent to 
                        submit an application for demolition, 
                        disposition, or both;
                            ``(ii) their right to return and relocation 
                        housing options; and
                            ``(iii) all planned replacement housing 
                        units; and
                    ``(B) solicit from each resident information 
                regarding the resident's desire to return to the 
                replacement housing units constructed upon the original 
                public housing location, interest in moving to other 
                neighborhoods or communities, or interest in retaining 
                a voucher for rental assistance.'';
            (7) by striking subsection (h) (as so redesignated by 
        paragraph (1) of this subsection) and inserting the following 
        new subsection:
    ``(h) Relocation, Notice, Application for Vouchers, and Data.--In 
the case of all relocation activities resulting from, or that will 
result from, demolition, disposition, or demolition or disposition or 
both pursuant to conversion under section 22 or 33 of this Act, of 
public housing dwelling units:
            ``(1) Uniform relocation and real property acquisition 
        act.--The Uniform Relocation and Real Property Acquisition 
        Policies Act of 1970 (42 U.S.C. 4601 et seq.) shall apply. To 
        the extent the provisions of this subsection and such Act 
        conflict, the provisions that provide greater protection to 
        residents displaced by the demolition, disposition, or 
        demolition and disposition, shall apply.
            ``(2) Relocation plan.--The public housing agency shall 
        submit to the Secretary, together with the application for 
        demolition or disposition, a relocation plan providing for the 
        relocation of residents occupying the public housing for which 
        the demolition or disposition application is proposed, which 
        shall include--
                    ``(A) a statement of the estimated number of 
                vouchers for rental assistance under section 8 that 
                will be needed for such relocation;
                    ``(B) identification of the location of the 
                replacement dwelling units that will be made available 
                for permanent occupancy; and
                    ``(C) a statement of whether any temporary, off-
                site relocation of any residents is necessary and a 
                description of the plans for such relocation.
            ``(3) Notice upon approval of application.--Within a 
        reasonable time after notice to the public housing agency of 
        the approval of an application for demolition or disposition, 
        the public housing agency shall provide notice in writing, in 
        plain and non-technical language, to the residents of the 
        public housing subject to the approved application that--
                    ``(A) states that the application has been 
                approved;
                    ``(B) describes the process involved to relocate 
                the residents, including a statement that the residents 
                may not be relocated until the conditions set forth in 
                paragraph (10) have been met;
                    ``(C) provides information regarding relocation 
                options;
                    ``(D) advises residents of the availability of 
                relocation counseling as required in paragraph (8); and
                    ``(E) provides information on the location of 
                tenant-based vouchers issued by the agency.
            ``(4) Notice before relocation.--Except in cases of a 
        substantial and imminent threat to health or safety, not later 
        than 90 days before the date on which residents will be 
        relocated, the public housing agency shall provide notice in 
        writing, in plain and non-technical language, to each family 
        residing in a public housing project that is subject to an 
        approved demolition or disposition application, and in 
        accordance with such guidelines as the Secretary may issue 
        governing such notifications, that--
                    ``(A) the public housing project will be demolished 
                or disposed of;
                    ``(B) the demolition of the building in which the 
                family resides will not commence until each resident of 
                the building is relocated; and
                    ``(C) if temporary, off-site relocation is 
                necessary, each family displaced by such action shall 
                be offered comparable housing--
                            ``(i) that meets housing quality standards;
                            ``(ii) that is located in an area that is 
                        generally not less desirable than the location 
                        of the displaced family's housing, which shall 
                        include at least one unit located in an area of 
                        low-poverty and one unit located within the 
                        neighborhood of the original public housing 
                        site;
                            ``(iii) that is identified and available to 
                        the family; and
                            ``(iv) which shall include--
                                    ``(I) tenant-based assistance, 
                                except that the requirement under this 
                                subparagraph regarding offering of 
                                comparable housing shall be fulfilled 
                                by use of tenant-based assistance only 
                                upon the relocation of the family into 
                                such housing;
                                    ``(II) project-based assistance;
                                    ``(III) occupancy in a unit 
                                operated or assisted by the public 
                                housing agency at a rental rate paid by 
                                the family that is comparable to the 
                                rental rate applicable to the unit from 
                                which the family is relocated; and
                                    ``(IV) other comparable housing.
            ``(5) Search period.--Notwithstanding any other provision 
        of law, in the case of a household that is provided tenant-
        based assistance for relocation of the household under this 
        section, the period during which the household may lease a 
        dwelling unit using such assistance shall not be shorter in 
        duration than the 150-day period that begins at the time a 
        comparable replacement unit is made available to the family. If 
        the household is unable to lease a dwelling unit using such 
        assistance during such period, the public housing agency shall 
        extend the period during which the household may lease a 
        dwelling unit using such assistance, or at the tenant's 
        request, shall provide the tenant with the next available 
        comparable public housing unit or comparable housing unit for 
        which project-based assistance is provided.
            ``(6) Payment of relocation expenses.--The public housing 
        agency shall provide for the payment of the actual and 
        reasonable relocation expenses, including security deposits, of 
        each resident to be displaced and any other relocation expenses 
        as are required by the Uniform Relocation Assistance and Real 
        Property Acquisition Policies Act of 1970.
            ``(7) Comparable housing.--The public housing agency shall 
        ensure that each displaced resident is offered comparable 
        housing in accordance with the notice under paragraph (4).
            ``(8) Comprehensive relocation counseling.--The public 
        housing agency shall provide all advisory programs and services 
        as required by the Uniform Relocation Assistance and Real 
        Property Acquisition Policies Act of 1970 and counseling for 
        residents who are displaced that shall fully inform residents 
        to be displaced of all relocation options, which may include 
        relocating to housing in a neighborhood with a lower 
        concentration of poverty than their current residence or 
        remaining in the current neighborhood. Such counseling shall 
        also include providing school options for children and 
        comprehensive housing search assistance for household that 
        receive a voucher for tenant-based assistance.
            ``(9) Timing of demolition or disposition.--The public 
        housing agency shall not commence demolition or complete 
        disposition of a building subject to the approved application 
        until all residents residing in the building are relocated.
            ``(10) Affirmative furtherance of fair housing.--The public 
        housing agency shall have obtained data regarding, and analyzed 
        the potential impact of, the proposed demolition or disposition 
        and relocation on persons protected by section 804 of the Civil 
        Rights Act of 1968 (42 U.S.C. 3604), including the tenants 
        residing in the public housing project, occupants of the 
        surrounding neighborhood, and neighborhoods into which project 
        tenants are likely to be relocated, and persons on the agency's 
        waiting list, has described in the application for demolition 
        or disposition actions that the public housing agency has taken 
        or will take to mitigate those adverse impacts, and has 
        certified in the public housing agency plan for the agency, 
        with supporting information, that the proposed demolition or 
        disposition, relocation, or replacement housing will be carried 
        out in a manner that affirmatively furthers fair housing, as 
        described in section 808(e) of the Civil Rights Act of 1968 (42 
        U.S.C. 3608(e)).
            ``(11) Timing of relocation.--The public housing agency 
        shall not commence relocation prior to approval by the 
        Secretary of the application for demolition or disposition, 
        except in the case of a substantial and imminent threat to 
        health or safety.
            ``(12) Application for vouchers.--The public housing agency 
        shall submit to the Secretary an application for vouchers 
        consistent with the obligations in subsection (e) (relating to 
        replacement units) and the relocation obligations of this 
        subsection at the same time that the agency submits the 
        application for demolition or disposition.'';
            (8) in subsection (i) (as so redesignated by paragraph (1) 
        of this subsection), by striking ``may'' and inserting 
        ``shall''; and
            (9) by adding at the end the following new subsections:
    ``(j) Right of Return.--
            ``(1) Right.--Any person who, on the date determined in 
        accordance with subsection (f)(2), occupies a public housing 
        unit that is the subject of an application for demolition, 
        disposition, or demolition or disposition or both subsequent to 
        conversion pursuant to section 22 or 33, and whose tenancy or 
        right of occupancy has not been validly terminated pursuant to 
        section 6 or 8(o), shall be eligible to occupy a replacement 
        housing unit.
            ``(2) Requirement to allow return.--A public housing agency 
        or any other manager of replacement housing units shall not, 
        through the application of any additional eligibility, 
        screening, occupancy, or other policy or practice, prevent any 
        person otherwise eligible under paragraph (1) from occupying a 
        replacement housing unit. Such replacement dwelling unit shall 
        be made available to each household displaced as a result of a 
        demolition, disposition, or demolition or disposition or both 
        pursuant to conversion under section 22 or 33 before any 
        replacement dwelling unit is made available to any other 
        eligible household.
    ``(k) Enforcement.--Any affected person shall have the right to 
enforce this section pursuant to section 1979 of the Revised Statutes 
of the United States (42 U.S.C. 1983). Nothing in this section may be 
construed to limit the rights and remedies available under State or 
local law to any affected person.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect upon the date of the enactment of this Act and shall apply 
to any demolition, disposition, or demolition and disposition, or both 
pursuant to conversion under section 22 or 33 of the United States 
Housing Act of 1937 (42 U.S.C. 1437t, 1437z-5) that is approved by the 
Secretary after such date of the enactment.

SEC. 203. AUTHORITY TO CONVERT PUBLIC HOUSING TO VOUCHERS.

    Section 22 of the United States Housing Act of 1937 (42 U.S.C. 
1437t) is amended by adding at the end the following new subsection:
    ``(g) Administration.--
            ``(1) In general.--The Secretary may require a public 
        housing agency to provide to the Secretary or to public housing 
        residents such information as the Secretary considers to be 
        necessary for the administration of this section.
            ``(2) Applicability of section 18.--Section 18 shall apply 
        to the subsequent demolition or disposition of public housing 
        dwelling units removed from the inventory of the public housing 
        agency pursuant to this section.''.

SEC. 204. REQUIRED CONVERSION OF DISTRESSED PUBLIC HOUSING TO TENANT-
              BASED ASSISTANCE.

    Section 33(h)(2) of the United States Housing Act of 1937 (42 
U.S.C. 1437z-5(h)(2)) is amended by striking ``shall not apply to the 
demolition of public housing projects'' and inserting ``shall apply to 
the subsequent demolition or disposition of public housing dwelling 
units''.

SEC. 205. REGULATIONS.

    Not later than the expiration of the 120-day period beginning on 
the date of the enactment of this Act, the Secretary of Housing and 
Urban Development shall issue regulations to carry out this title and 
the amendments made by this title.

       TITLE III--PUBLIC HOUSING PRESERVATION AND REHABILITATION

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Public Housing Preservation and 
Rehabilitation Act of 2010''.

SEC. 302. LEVERAGING OF OTHER ASSISTANCE.

    (a) Capital Fund Loan Guarantees.--Subsection (d) of section 9 of 
the United States Housing Act of 1937 (42 U.S.C. 1437g(d)) is amended 
by adding at the end the following new paragraph:
            ``(4) Loan guarantees.--
                    ``(A) Authority.--The Secretary may, upon such 
                terms and conditions as the Secretary may prescribe, 
                guarantee and make commitments to guarantee notes or 
                other obligations issued by public housing agencies for 
                the purposes of financing--
                            ``(i) the rehabilitation of public housing 
                        owned by the agency; or
                            ``(ii) the modernization, through energy 
                        efficiency improvements, of public housing 
                        units owned by the agency.
                    ``(B) Limitation.--A guarantee under this paragraph 
                may be used to assist a public housing agency in 
                obtaining financing only if the housing agency provides 
                evidence sufficient, in the determination of the 
                Secretary, to demonstrate that--
                            ``(i) it is not able to finance the 
                        improvements without such a guarantee; or
                            ``(ii) the use of such a guarantee will 
                        result in substantially lower financing costs 
                        or interest rate.
                    ``(C) Terms.--Notes or other obligations guaranteed 
                pursuant to this section shall be in such form and 
                denominations, have such maturities, and be subject to 
                such conditions as may be prescribed by regulations 
                issued by the Secretary. The term of such loan 
                guarantee shall not exceed 20 years.
                    ``(D) Use of capital funds.--Funds allocated to an 
                issuer pursuant to section 9(d) may be used for payment 
                of principal and interest due (including such 
                servicing, underwriting, or other costs as may be 
                specified in regulations of the Secretary) on notes or 
                other obligations guaranteed pursuant to this 
                paragraph.
                    ``(E) Repayment.--
                            ``(i) Contract; pledge.--To ensure the 
                        repayment of notes or other obligations 
                        guaranteed under this paragraph and charges 
                        incurred under this paragraph and as a 
                        condition for receiving such guarantees, the 
                        Secretary shall require the issuer of any such 
                        note or obligation to--
                                    ``(I) enter into a contract, in a 
                                form acceptable to the Secretary, for 
                                repayment of notes or other obligations 
                                so guaranteed; and
                                    ``(II) pledge any grant or 
                                allocation for which the issuer is or 
                                may become eligible under this Act for 
                                the repayment of notes or other 
                                obligations so guaranteed.
                            ``(ii) Crediting of grants.--The Secretary 
                        may, notwithstanding any other provision of 
                        this Act, apply grants pledged pursuant to 
                        clause (i)(II) of this subparagraph to any 
                        repayments due the United States as a result of 
                        such guarantees.
                    ``(F) Full faith and credit.--The full faith and 
                credit of the United States is pledged to the payment 
                of all guarantees made under this paragraph. Any such 
                guarantee made by the Secretary shall be conclusive 
                evidence of the eligibility of the obligations for such 
                guarantee with respect to principal and interest, and 
                the validity of any such guarantee so made shall be 
                incontestable in the hands of a holder of the 
                guaranteed obligations.
                    ``(G) Amount.--Subject only to the absence of 
                qualified requests for guarantees and to the 
                availability of amounts to cover the costs (as such 
                term is defined in section 502 of the Federal Credit 
                Reform Act of 1990 (2 U.S.C. 661a)), as are provided in 
                advance in appropriation Acts, the Secretary shall 
                enter into commitments to guarantee notes and 
                obligations under this paragraph having an aggregate 
                principal amount of $500,000,000 each for fiscal years 
                2011, 2012, and 2013.''.
    (b) Utility and Waste Management Cost Savings.--Subparagraph (C) of 
section 9(e)(2) of the United States Housing Act of 1937 (42 U.S.C. 
1437g(e)(2)(C)) is amended--
            (1) by striking the subparagraph designation and heading 
        and all that follows through ``Contracts described in clause 
        (i)'' in clause (ii) and inserting the following:
                    ``(C) Treatment of utility and waste management 
                cost savings.--
                            ``(i) In general.--The treatment of utility 
                        and waste management costs under the formula 
                        shall provide that a public housing agency 
                        shall receive the full financial benefit from 
                        any reduction in the cost of utilities or waste 
                        management resulting from energy conservation 
                        improvements in one or more of its public 
                        housing projects, subject to the following:
                                    ``(I) Third party contracts.--In 
                                the case of energy conservation 
                                improvements in public housing 
                                undertaken pursuant to a contract with 
                                a third party, such contracts'';
            (2) in clauses (iii) and (iv), by striking ``clause (i)'' 
        each place such term appears and inserting ``subclause (I)'';
            (3) in clause (iv), by striking ``the date of the enactment 
        of this clause'' and inserting ``December 26, 2007,'';
            (4) by redesignating clauses (iii) and (iv) as subclauses 
        (II) and (III), respectively, and realigning such subclauses, 
        as so redesignated, so as to be indented 8 ems from the left 
        margin; and
            (5) by adding at the end the following new clauses:
                            ``(ii) Financing of improvements.--Energy 
                        conservation improvements may be undertaken 
                        pursuant to a contract for the improvements 
                        only, and the public housing agency may finance 
                        such improvements for a period of up to 20 
                        years. A public housing agency may pledge 
                        operating assistance under this subsection as 
                        security for such financings in an amount not 
                        to exceed the lesser of--
                                    ``(I) the amount of the debt 
                                service, plus such appropriate debt 
                                service coverage factor as the 
                                Secretary may establish; and
                                    ``(II) the amount of the reasonably 
                                anticipated utility cost savings 
                                resulting from the improvements, as 
                                determined by the Secretary.
                        The Secretary may also permit the pledging of 
                        the installed equipment related to such 
                        improvements.
                            ``(iii) Freeze of consumption levels.--
                                    ``(I) In general.--A public housing 
                                agency may elect to be paid for its 
                                utility costs, including utility 
                                allowances, under the formula for a 
                                period, at the discretion of the 
                                agency, of not longer than 20 years 
                                based on the agency's average annual 
                                consumption during the 3-years period 
                                preceding the year in which the 
                                election is made (in this clause 
                                referred to as the `consumption base 
                                level'.
                                    ``(II) Initial adjustments in 
                                consumption base level.--The Secretary 
                                shall make an initial one-time 
                                adjustment in the consumption base 
                                level to account for differences in the 
                                heating degree day average over the 
                                most recent 20-year period compared to 
                                the average in the consumption base 
                                level.
                                    ``(III) Ongoing adjustments in 
                                consumption base level.--The Secretary 
                                shall make adjustments in the 
                                consumption base level to account for 
                                an increase or reduction in units, a 
                                change in fuel source, a change in 
                                resident-controlled electricity 
                                consumption, or for such other reasons 
                                as the Secretary considers appropriate.
                                    ``(IV) Third parties.--A public 
                                housing agency making an election under 
                                subclause (I) may use, but shall not be 
                                required to use, the services of a 
                                third party in its energy conservation 
                                program. The agency shall have the sole 
                                discretion to determine the source, 
                                terms, and conditions of any financing 
                                used for its program.''.
    (c) Requirements for Properties With Housing Tax Credits.--Section 
9 of the United States Housing Act of 1937 (42 U.S.C. 1437g) is amended 
by adding at the end the following new subsection:
    ``(n) Requirements for Properties With Housing Tax Credits.--Public 
housing agencies that utilize tax credits under section 42 of the 
Internal Revenue Code of 1986 for rental housing units that are 
currently or formerly assisted under subsection (d) or (e) with respect 
to such units shall provide for--
            ``(1) an option for the public housing agency to purchase 
        limited partnership interests in a property containing such 
        units after the tax compliance period under section 42;
            ``(2) a provision to give a public housing agency an active 
        role in property management decisions of such housing; or
            ``(3) such other provision or provisions as the Secretary 
        may establish to ensure the preservation of the interest of the 
        public housing agency in the property.''.

SEC. 303. CAPITAL FUND FLEXIBILITY.

    (a) New Development Flexibility.--Subsection (g) of section 9 of 
the United States Housing Act of 1937 (42 U.S.C. 1437g(g)) is amended 
by striking paragraph (3).
    (b) Rehabilitation Flexibility.--Subsection (d) of section 9 of the 
United States Housing Act of 1937 (42 U.S.C. 1437g(d)) is amended by 
adding at the end the following new paragraph:
            ``(4) Use for units not included in formula.--A public 
        housing agency may use amounts provided under this subsection 
        for the purposes specified in subparagraphs (A), (C), (I), and 
        (K) of paragraph (1) for public housing dwelling units not 
        included in the formula established pursuant to paragraph (2), 
        but only if--
                    ``(A) the agency agrees--
                            ``(i) to continue to operate and maintain 
                        any housing assisted with such funds under the 
                        current terms and conditions for a period not 
                        shorter than the 30-year period that begins on 
                        the latest date on which modernization using 
                        such amounts was completed; or
                            ``(ii) to return any amounts provided under 
                        this paragraph to the Secretary; and
                    ``(B) the agency certifies to the Secretary that 
                dwelling units owned and operated by the public housing 
                agency that are included in the formula established 
                pursuant to paragraph (2) are being maintained and the 
                funds amounts being used under this authority will not 
                be needed for such maintenance.''.

SEC. 304. GRANTS FOR CONVERSION OF PUBLIC HOUSING PROJECTS TO ASSISTED 
              LIVING FACILITIES.

    Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et 
seq.) is amended by adding at the end the following new section:

``SEC. 37. GRANTS FOR CONVERSION OF PUBLIC HOUSING PROJECTS TO ASSISTED 
              LIVING FACILITIES.

    ``(a) Authority.--The Secretary may make grants in accordance with 
this section to public housing agencies for use for activities designed 
to convert dwelling units in eligible projects described in subsection 
(b) to assisted living facilities for elderly persons.
    ``(b) Eligible Projects.--An eligible project described in this 
subsection is a public housing project (or a portion thereof) that has 
been designated under section 7 for occupancy only by elderly persons.
    ``(c) Applications.--Applications for grants under this section 
shall be submitted to the Secretary in accordance with such procedures 
as the Secretary shall establish. Such applications shall contain--
            ``(1) a description of the proposed conversion activities 
        for which a grant under this section is requested;
            ``(2) a statement of the amount of the grant requested;
            ``(3) a description of the resources that are expected to 
        be made available, if any, in conjunction with the grant under 
        this section; and
            ``(4) such other information or certifications that the 
        Secretary determines to be necessary or appropriate.
    ``(d) Funding for Services.--The Secretary may not make a grant 
under this section unless the application contains sufficient evidence, 
in the determination of the Secretary, of firm commitments for the 
funding of services to be provided in the assisted living facility.
    ``(e) Selection Criteria.--The Secretary shall select applications 
for grants under this section based upon selection criteria, which 
shall be established by the Secretary and shall include--
            ``(1) the extent to which the conversion is likely to 
        provide assisted living facilities that are needed or are 
        expected to be needed by the categories of elderly persons that 
        the assisted living facility is intended to serve;
            ``(2) the extent to which the public housing agency is not 
        able to fund the conversion activities from existing financial 
        resources, as evidenced by the agency's financial records;
            ``(3) the extent to which the agency has evidenced 
        community support for the conversion, by such indicators as 
        letters of support from the local community for the conversion 
        and financial contributions from public and private sources;
            ``(4) the extent to which the applicant demonstrates a 
        strong commitment to promoting the autonomy and independence of 
        the elderly persons that the assisted living facility is 
        intended to serve;
            ``(5) the quality, completeness, and managerial capability 
        of providing the services which the assisted living facility 
        intends to provide to elderly residents, especially in such 
        areas as meals, 24-hour staffing, and on-site health care; and
            ``(6) such other criteria as the Secretary determines to be 
        appropriate to ensure that funds made available under this 
        section are used effectively.
    ``(f) Definition.--For the purposes of this section, the term 
`assisted living facility' has the meaning given such term in section 
232(b) of the National Housing Act (12 U.S.C. 1715w(b)).
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated for providing grants under this section such sums as may 
be necessary for each of fiscal years 2011, 2012, 2013, 2014, and 
2015.''.

 TITLE IV--PILOT PROGRAM TO TRAIN PUBLIC HOUSING RESIDENTS TO PROVIDE 
                       HOME-BASED HEALTH SERVICES

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Together We Care Act of 2010''.

SEC. 402. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The ``baby boom'' generation will require health care 
        attention that will exceed the current supply of health care 
        providers.
            (2) There is a shortage of training programs specializing 
        in health care and long-term services that focus on home care 
        instead of institutionalized care.
            (3) Although the need for home-based health services 
        transcends all income levels, the availability of such services 
        is more limited for residents of public housing.
            (4) Estimates indicate that there are 44,000,000 caregivers 
        in the United States providing unpaid care to at least one 
        adult, representing 22,900,000 households.
            (5) Of working persons providing unpaid care, 62 percent 
        have had to make adjustments to work schedules or leave 
        employment.
            (6) Many low-income families in the United States are 
        placed in an untenable position of choosing between work and 
        caregiving responsibilities at home.
            (7) Many residents of public housing in the United States 
        are aging and in need of care.
            (8) The Department of Housing and Urban Development 
        estimates the percentage of households assisted by the 
        Department that are elderly households is 35 percent in New 
        York, 33 percent in Boston, 35 percent in Chicago, 24 percent 
        in Cleveland, 40 percent in Los Angeles, and 20 percent in 
        Puerto Rico.
            (9) New service programs are needed to provide home-based 
        health services to residents of public housing and to provide 
        job training and job placement for persons receiving assistance 
        from the Department of Housing and Urban Development needing 
        employment.
            (10) The Department of Housing and Urban Development should 
        establish a home-based health services pilot program to meet 
        the challenges of the increasing number of elderly persons and 
        persons with disabilities in public housing, which would 
        simultaneously create an opportunity to train job seekers in a 
        trade that provides home-based health services.
    (b) Purposes.--The purposes of this title are--
            (1) to give flexibility to the Department of Housing and 
        Urban Development and other entities to establish training 
        programs in home-based health services for public housing 
        residents; and
            (2) to provide needed home care options to elderly and 
        disabled public housing residents (including elderly and 
        disabled veterans who are public housing residents) and elderly 
        and disabled residents of federally-assisted rental housing to 
        allow them to remain in their homes and their communities.

SEC. 403. PILOT GRANT PROGRAM TO TRAIN PUBLIC HOUSING RESIDENTS TO 
              PROVIDE COVERED HOME-BASED HEALTH SERVICES.

    Section 34 of the United States Housing Act of 1937 (42 U.S.C. 
1437z-6) is amended by adding at the end the following new subsections:
    ``(f) Pilot Grant Program To Train Public Housing Residents To 
Provide Covered Home-Based Health Services.--
            ``(1) Establishment of pilot grant program.--The Secretary, 
        in consultation with the Secretary of Health and Human 
        Services, shall establish a competitive grant program to make 
        grants to eligible entities under paragraph (2) for use for the 
        training of public housing residents as home health aides and 
        as providers of home-based health services (including as 
        personal and home care aides) to enable such residents to 
        provide covered home-based health services to--
                    ``(A) residents of public housing who are elderly 
                or disabled, or both (including elderly and disabled 
                veterans who are residents of public housing); and
                    ``(B) subject to the criteria set forth pursuant to 
                paragraph (3), residents of federally-assisted rental 
                housing who are elderly or disabled, or both.
            ``(2) Eligible entities.--A grant under this subsection may 
        be made only to an entity that--
                    ``(A) is a public housing agency or other unit of 
                State or local government (including an agency of such 
                unit), community health center, home care provider 
                organization, faith-based organization, labor 
                organization, or other organization determined to be 
                qualified by the Secretary; and
                    ``(B) demonstrates to the satisfaction of the 
                Secretary that it has established, or provides such 
                assurances that it will establish, an employment 
                training program to train public housing residents to 
                provide covered home-based health services that 
                complies with regulations that the Secretary shall 
                issue.
            ``(3) Residents of federally-assisted rental housing.--The 
        Secretary may set forth criteria under which an entity 
        receiving funding under this subsection may train public 
        housing residents to provide covered home-based health services 
        to elderly and disabled residents of federally-assisted rental 
        housing.
            ``(4) Application.--To be eligible for a grant under this 
        subsection an eligible entity under paragraph (2) shall submit 
        to the Secretary an application at such time, in such manner, 
        and containing such information as the Secretary shall require.
            ``(5) Competitive grant awards.--
                    ``(A) General criteria for selection.--The 
                Secretary shall establish policies and procedures for 
                reviewing and approving funding for eligible entities 
                through a competitive process taking into 
                consideration--
                            ``(i) with respect to the service area in 
                        which public housing residents trained under an 
                        employment training program described in 
                        paragraph (2)(B) will provide covered home-
                        based health services--
                                    ``(I) the percentage of residents 
                                age 62 and older;
                                    ``(II) the percentage of disabled 
                                residents; and
                                    ``(III) the percentage of 
                                unemployed or underemployed residents;
                            ``(ii) the ability of an eligible entity to 
                        provide training that leads to the provision of 
                        quality care;
                            ``(iii) the record of the quality of care 
                        of an eligible entity; and
                            ``(iv) such other criteria as determined by 
                        the Secretary.
                    ``(B) Geographic consideration.--In awarding 
                grants, the Secretary shall consider a geographic mix 
                of a variety of eligible entities so that the grant 
                program will include at least--
                            ``(i) one employment training program 
                        described in paragraph (2)(B) that primarily 
                        serves an urban population;
                            ``(ii) one employment training program 
                        described in paragraph (2)(B) that primarily 
                        serves a rural population;
                            ``(iii) one employment training program 
                        described in paragraph (2)(B) that primarily 
                        serves an Indian population; and
                            ``(iv) one employment training program 
                        described in paragraph (2)(B) that primarily 
                        serves a population in the Commonwealth of 
                        Puerto Rico, the United States Virgin Islands, 
                        Guam, American Samoa, or the Commonwealth of 
                        the Northern Mariana Islands.
            ``(6) Use of grant funds.--An entity receiving funding 
        under this subsection may use such funds--
                    ``(A) to establish (or maintain) and carry-out an 
                employment training program to train public housing 
                residents to provide covered home-based health care 
                services to elderly and disabled public housing 
                residents and elderly and disabled residents of 
                federally-assisted rental housing;
                    ``(B) for the transportation expenses of public 
                housing residents in training under such an employment 
                training program;
                    ``(C) for the child care expenses of public housing 
                residents in training under such an employment training 
                program;
                    ``(D) for the administrative expenses of carrying 
                out such an employment training program; and
                    ``(E) for any other activity the Secretary 
                determines appropriate.
            ``(7) Report to congress.--Not later than 24 months after 
        the date of the enactment of the Together We Care Act of 2010, 
        the Secretary shall submit to Congress a report on the use and 
        impact of the grant program established by this subsection. The 
        report shall include--
                    ``(A) a review of the effectiveness of the program 
                in--
                            ``(i) providing jobs for public housing 
                        residents;
                            ``(ii) meeting the unmet health and long-
                        term care needs of elderly and disabled 
                        residents of public housing and elderly and 
                        disabled residents of federally-assisted rental 
                        housing; and
                            ``(iii) enabling the provision of quality 
                        care; and
                    ``(B) any recommendations the Secretary determines 
                appropriate regarding the grant program.
            ``(8) Definitions.--As used in this subsection, subsection 
        (g), and subsection (h):
                    ``(A) Home-based health services.--The term `home-
                based health services' means health care and long-term 
                services provided to an individual in a place of 
                residence used as such individual's home and includes--
                            ``(i) home health services described in 
                        section 1861(m) of the Social Security Act (42 
                        U.S.C. 1395x(m));
                            ``(ii) personal care services described in 
                        section 1905(a)(24) of such Act (42 U.S.C. 
                        1396d(a)(24)); and
                            ``(iii) home-based services which may be 
                        covered under a waiver under subsection (c) or 
                        (d) of section 1915 of such Act (42 U.S.C. 
                        1396n).
                    ``(B) Home health aide.--The term `home health 
                aide' has the meaning given the term in section 
                1891(a)(3)(E) of the Social Security Act (42 U.S.C. 
                1395bbb(a)(3)(E)).
                    ``(C) Covered.--The term `covered' means, with 
                respect to home-based health services, such services--
                            ``(i) for which medical assistance is 
                        available under a State plan under title XIX of 
                        the Social Security Act; or
                            ``(ii) for which financial assistance is 
                        available under subsection (g).
                    ``(D) Federally-assisted rental housing.--The term 
                `federally-assisted rental housing' means--
                            ``(i) housing assisted under section 202 of 
                        the Housing Act of 1959 (12 U.S.C. 1701q);
                            ``(ii) housing assisted under section 515 
                        of the Housing Act of 1949 (42 U.S.C. 1485);
                            ``(iii) housing assisted under section 8 of 
                        the United States Housing Act of 1937 (42 
                        U.S.C. 1437f) (including project-based and 
                        tenant-based assistance);
                            ``(iv) housing assisted under the block 
                        grant program under the Native American Housing 
                        Assistance and Self-Determination Act of 1996 
                        (25 U.S.C. 4101 et seq.);
                            ``(v) housing financed by a mortgage 
                        insured under section 221(d)(3) of the National 
                        Housing Act (12 U.S.C. 1715l(d)(3)) or held by 
                        the Secretary, a State, or State agency; and
                            ``(vi) housing assisted under section 811 
                        of the Cranston-Gonzalez National Affordable 
                        Housing Act (42 U.S.C. 8013).
            ``(9) Inapplicability of previous subsections.--Subsections 
        (a) through (e) shall not apply to this subsection, subsection 
        (g), and subsection (h).
            ``(10) Rule of construction.--This subsection and 
        subsection (g) may not be construed as affecting any 
        requirement under State law for training, licensure, or any 
        other certification as a home health aide or as a provider of 
        any home-based health service under this subsection and 
        subsection (g).
            ``(11) Regulations.--Not later than 6 months after the date 
        of enactment of the Together We Care Act of 2010, the Secretary 
        shall issue regulations to carry out this subsection.
            ``(12) Authorization of appropriations.--There are 
        authorized to be appropriated $2,500,000 for each of the fiscal 
        years 2011, 2012, and 2013, for grants under this subsection.
    ``(g) Financial Assistance for Home-Based Health Services in 
Certain Jurisdictions.--
            ``(1) Financial assistance.--The Secretary, in consultation 
        with the Secretary of Health and Human Services, may provide 
        financial assistance under this subsection to entities 
        receiving grant funds under the pilot program established under 
        subsection (f) that provide training for public housing 
        residents as home health aides and as providers of home-based 
        health services and provide (or pay for) such services for use 
        only for their costs in providing (or paying for) such services 
        to--
                    ``(A) residents of public housing who are elderly 
                or disabled, or both (including elderly or disabled 
                veterans who are residents of public housing); or
                    ``(B) at the discretion of the Secretary, residents 
                of federally-assisted rental housing who are elderly or 
                disabled, or both.
            ``(2) Requirements.--
                    ``(A) Location.--Assistance under paragraph (1) may 
                be provided only for services furnished in locations in 
                which medical assistance for home-based health services 
                is not available under a State plan under title XIX of 
                the Social Security Act.
                    ``(B) Trained public housing residents.--Assistance 
                under paragraph (1) may be used only for costs of 
                services described in paragraph (1) that are provided 
                by public housing residents trained by an entity 
                receiving grant funds under the pilot program 
                established under subsection (f).
            ``(3) Eligibility.--To be eligible for financial assistance 
        under this subsection an entity shall--
                    ``(A) provide such assurances as the Secretary 
                shall require that it will use the funds only as 
                provided in paragraphs (1) and (2);
                    ``(B) submit to the Secretary an application at 
                such time, in such manner, and containing such 
                information as the Secretary requires; and
                    ``(C) comply with such other terms and conditions 
                as the Secretary shall establish to carry out this 
                subsection.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated $2,500,000 for each of the fiscal 
        years 2011, 2012, and 2013, for financial assistance under this 
        subsection.
    ``(h) Impact of Income on Eligibility for Housing Benefits.--For 
any resident of public housing who is trained as a home health aide or 
as a provider of home-based health services pursuant to the program 
under subsection (f), any income received by such resident for 
providing covered home-based health services shall apply towards 
eligibility for benefits under Federal housing programs as follows:
            ``(1) No income received shall apply for the 12 months 
        after the completion of the training of such resident.
            ``(2) Twenty-five percent of income received shall apply 
        for the period that is 12 to 24 months after the completion of 
        the training of such resident.
            ``(3) Fifty percent of income received shall apply for the 
        period that is 24 to 36 months after the completion of the 
        training of such resident.
            ``(4) One hundred percent of income received shall apply 
        for any period that begins after 36 months after the completion 
        of the training of such resident.''.
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