(D) a community impact assessment and 
analysis of— 
(i) the likely direct and indirect im-
pact the grant funds, if awarded, will have 
on the economic empowerment and social 
mobility of environmental justice commu-
nities; and 
(ii) whether the proposed actions to be 
taken under the grant would be affirma-
tively furthering fair housing, as defined in 
section 5.152 of title 24, Code of Federal 
Regulations, or any successor regulation; 
(E) the written concurrence of any local 
labor organization representing employees of 
the eligible entity who are engaged in the same 
or substantially similar work that is proposed to 
be carried out does not displace or supplant the 
work performed by those represented employ-
ees; 
(F) a certification that none of the funds 
under the grant shall be used for prohibited 
purposes, including— 
(i) any activity that is subject to the 
reporting requirements set forth in section 
203(a) of the Labor-Management Report-
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ing and Disclosure Act of 1959 (29 U.S.C. 
433(a)); 
(ii) to abrogate a collective bargaining 
agreement; or 
(iii) to replace an employee who is on 
strike or who is being locked out; and 
(G) a plan to expand accessibility for per-
sons with disabilities to full compliance with the 
Americans with Disabilities Act of 1990 (42 
U.S.C. 12101 et seq.) and that all projects shall 
at least meet the new construction standards of 
title II of the Americans with Disabilities Act of 
1990 (42 U.S.C. 12131 et seq.). 
(2) RESIDENT AND COMMUNITY ENGAGEMENT 
BEFORE SUBMITTING APPLICATION.—Before submit-
ting an application for a grant under this subsection, 
an eligible entity shall— 
(A) solicit and consider community and 
public feedback, to the maximum extent pos-
sible, by providing for opportunities to comment 
via an in-person accessible location with inter-
pretation available, as well as via a cloud-based 
content collaboration provider that is certified 
by the Federal Risk and Authorization Manage-
ment Program, and that comply with the most 
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recent final version of the Web Content Accessi-
bility Guidelines, through— 
(i) an initial public comment period, 
for which the eligible entity shall— 
(I) publish— 
(aa) a description of each of 
the grant programs established 
under subsection (a); and 
(bb) a form to be used to 
submit comments that complies 
with public notice standards and 
the public comment requirements 
in the consolidated plan of the 
Department 
of 
Housing 
and 
Urban Development; and 
(II) give interested persons 90 
days to— 
(aa) submit draft text di-
rectly into the application; 
(bb) submit written data 
and accounting estimates; and 
(cc) submit general com-
ments; 
(ii) a second public comment period 
beginning not later than 30 days after the 
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end of the initial public comment period 
under clause (i), for which the eligible enti-
ty shall— 
(I) publish a draft version of the 
completed common application form 
described in subsection (a) that con-
tains, at a minimum— 
(aa) a short analysis and 
evaluation of the relevant signifi-
cant proposals set forth during 
the initial public comment period; 
and 
(bb) a clear and concise 
statement of the basis, purpose, 
and goals of the application; and 
(II) give interested persons 30 
days to submit feedback on and rec-
ommended improvements to the draft 
final grant application; 
(B) host not less than 2 public hearings, 
which shall be recorded and held at a conven-
ient and accessible location with interpretation 
available for public housing residents, for each 
public comment period described in subpara-
graph (A), to provide public housing residents 
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with an opportunity to comment, with not less 
than 1 occurring in the afternoon and not less 
than 1 occurring in the evening; 
(C) solicit input and acquire signed ap-
proval of the completed common application 
form from the resident council or resident coun-
cils, if existing and active, of the public housing 
that will receive assistance under the grant; and 
(D) solicit input and acquire signed ap-
proval of the complete common application from 
any local labor organization representing em-
ployees of the eligible entity that will receive as-
sistance under the grant, to ensure compliance 
with existing collective bargaining agreement 
and to ensure that grants funds will not be 
used to displace or supplant existing staff, posi-
tions, or vacancies. 
(3) PRIORITY AMONG APPLICATIONS FOR COM-
MUNITY ENERGY GENERATION.—In reviewing appli-
cations for grants to carry out activities described in 
subsection (a)(2)(B)(iv), the Secretary shall give 
preference to applications submitted by eligible enti-
ties that— 
(A) demonstrate an ability to generate the 
greatest amount of renewable energy that can 
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be consumed by public housing projects and 
transferred to the local energy grid; and 
(B) demonstrate a commitment to provide 
job training and contracting opportunities to 
public housing residents and subsidized housing 
resident-owned businesses. 
(4) EXCEPTIONS FOR INDIGENOUS GROUPS AND 
TRIBES.— 
(A) IN GENERAL.—Any eligible entity de-
scribed in section 3(2) that submits an applica-
tion for a grant program described in this sub-
section— 
(i) is exempt from compliance with 
subclauses (I), (II), and (III) of paragraph 
(2)(A)(i) and paragraph (2)(A)(ii)(I); and 
(ii) is empowered to self-determine 
guidelines and standards pertaining to en-
suring community and resident engage-
ment. 
(B) 
SUBMISSION
BY
TRIBALLY
DES-
IGNATED HOUSING ENTITIES.—An application 
for a grant under subsection (a) for an Indian 
tribe may be prepared and submitted on behalf 
of the Indian tribe by the tribally designated 
housing entity for the Indian tribe, if the appli-
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cation contains a certification by the recognized 
tribal government of the grant beneficiary that 
the Indian tribe— 
(i) has had an opportunity to review 
the application and has authorized the sub-
mission of the application by the tribally 
designated housing entity; or 
(ii) has delegated to the tribally des-
ignated housing entity the authority to 
submit an application on behalf of the In-
dian tribe without prior review by the In-
dian tribe. 
(5) BENCHMARKING ENERGY AND WATER CON-
SUMPTION.—An eligible entity desiring a grant to 
carry 
out 
activities 
described 
in 
subsection 
(a)(2)(B)(ii) shall include in the grant application a 
commitment to benchmarking energy and water con-
sumption using ENERGY STAR Portfolio Manager, 
or another system approved by the Department of 
Housing and Urban Development, for a period of 
not less than 5 years beginning on the date on which 
the eligible entity receives the grant. 
(c) SELECTION OF GRANT RECIPIENTS.— 
(1) IN GENERAL.—If an eligible entity submits 
to the Secretary an application for a grant under 
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subsection (a) that complies with the requirements 
under subsection (b), the Secretary shall award the 
funds to the eligible entity that are required to com-
plete the grant, as specified in the accounting sub-
mitted under subsection (b)(2)(C). 
(2) REAPPLICATION.—If the Secretary deter-
mines that an application submitted by an eligible 
entity under this section does not comply with the 
requirements under subsection (b)— 
(A) the Secretary shall provide to the eligi-
ble entity a summary of the requirements that 
the eligible entity has failed to meet; and 
(B) the eligible entity may reapply for the 
grant. 
(3) EXPEDITED REVIEW.—The Secretary shall 
ensure a timely review of applications submitted by 
eligible entities that own or manage public housing 
in a congressional district— 
(A) with an aggregate total of not less 
than 5,000 public housing residents; 
(B) in which— 
(i) not less than 40 percent of the 
residents are not less than 62 years old; 
(ii) not less than 25 percent of the 
residents are disabled; or 
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(iii) not less than 5 percent of all 
heads of household are not more than 24 
years old; or 
(C) with an average household income of 
less than $40,000. 
(d) USE OF GRANT AMOUNTS FOR CAPACITY BUILD-
ING.—An eligible entity shall use not more than 5 percent 
of grant funds received under this section for activities to 
expand the capacity of the eligible entity to carry out the 
grant activities, including— 
(1) hiring staff; 
(2) training residents for staff positions; 
(3) providing technical assistance; 
(4) community engagement; and 
(5) other necessary administrative activities. 
(e) RESIDENT PROTECTION.—Each eligible entity 
that is the recipient of a grant under subsection (a) 
shall— 
(1) comply with the requirements under part 24 
of title 49, Code of Federal Regulations, and provide 
relocation assistance for any and all residents of 
public housing managed by the eligible entity who 
may be displaced during rehabilitation or new con-
struction, and ensure that all temporarily displaced 
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residents can return to their homes once retrofitting 
is completed; 
(2) provide robust temporary relocation assist-
ance and alternate housing options in cases where 
phased improvements temporarily prevent tenant oc-
cupancy; 
(3) ensure that activities undertaken as part of 
the grant do not result in a reduction of total public 
housing dwelling units; and 
(4) to the greatest extent practicable, complete 
construction, modernization, or retrofitting of re-
placement dwellings prior to demolishing existing 
public housing units. 
(f) PROFITS RELATED
TO COMMUNITY ENERGY 
GENERATION.— 
(1) IN GENERAL.—With respect to any energy 
produced by an eligible entity carrying out activities 
described in subsection (a)(2)(B)(iii), the eligible en-
tity may retain 90 percent of any profits earned 
from selling the energy. 
(2) VOTE.—An eligible entity described para-
graph (1) with not less than 50 public housing 
dwelling units shall provide residents of the public 
housing the opportunity to vote on how the profits 
earned under paragraph (1) shall be used. 
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(3) OTHER
REVENUE.—Any profits not re-
tained under this subsection shall be transferred to 
the Department of the Treasury for deposit in the 
General Fund. 
(g) LABOR AND BUY AMERICAN PROVISIONS.— 
(1) IN GENERAL.—In carrying out grant activi-
ties under this section, each contractor or subcon-
tractor for a project funded under this section shall 
carry out the following: 
(A) Ensure that the materials used by the 
contractor or subcontractor are substantially 
manufactured, mined, and produced in the 
United States in accordance with chapter 83 of 
title 41, United States Code (commonly known 
as the ‘‘Buy American Act’’). 
(B) Ensure that all laborers and mechan-
ics employed by the contractor or subcontractor 
in the performance of construction, alteration, 
or repair work financed in whole or in part with 
assistance under this section shall be paid 
wages at rates not less than those prevailing on 
similar construction in the locality, as deter-
mined by the Secretary of Labor, in accordance 
with subchapter IV of chapter 31 of title 40, 
United States Code (commonly known as the 
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‘‘Davis-Bacon Act’’). With respect to the labor 
standards in this subparagraph, the Secretary 
of Labor shall have the authority and functions 
set forth in Reorganization Plan Numbered 14 
of 1950 (64 Stat. 1267; 5 U.S.C. App.) and 
section 3145 of title 40, United States Code. 
(C) With respect to a project that costs 
not less than $25,000,000, consent to a project 
labor agreement. 
(D) Require each project labor agreement 
to be in compliance with the hiring and con-
tracting requirements described in subsections 
(c) and (d) of section 3 of the Housing and 
Urban Development Act of 1968 (12 U.S.C. 
1701u). 
(E) Not hire employees through a tem-
porary staffing agency unless the relevant State 
workforce agency certifies that temporary em-
ployees are necessary to address an acute, 
short-term labor demand. 
(F) Adopt— 
(i) an explicit policy on any issue in-
volving the organization of employees of 
the eligible entity, or contractor or subcon-
tractor, and all contractors and sub-
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contractors, for purposes of collective bar-
gaining not to deter employees with respect 
to— 
(I) labor organizing for the em-
ployees engaged in activities under the 
grant; and 
(II) such employees’ choice to 
form and join labor organizations; and 
(ii) such policies that require— 
(I) the posting and maintenance 
of notices in the workplace to such 
employees of their rights under the 
National Labor Relations Act (29 
U.S.C. 151 et seq.); 
(II) that such employees are, at 
the beginning of their employment, 
provided notice and information re-
garding the employees’ rights under 
such Act; and 
(III) the employer to voluntarily 
recognize a union in cases where a 
majority of such workers of the em-
ployer have joined and requested rep-
resentation. 
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(G) For each project employing union 
workers to rehabilitate, upgrade, innovate and 
transition public housing developments, dem-
onstrate an ability to use and to commit to use 
individuals enrolled in a registered apprentice-
ship program who shall, to the greatest extent 
practicable, constitute not less than 20 percent 
of the individuals working on the project. 
(H) Not require mandatory arbitration for 
any dispute involving a worker engaged in a 
service for the contractor or subcontractor. 
(I) Consider an individual performing any 
service under the grant as an employee, and not 
an independent contractor, of the contractor or 
subcontractor, respectively, unless— 
(i) the individual is free from control 
and direction in connection with the per-
formance of the service, both under the 
contract for the performance of the service 
and in fact; 
(ii) the service is performed outside 
the usual course of the business of the con-
tractor or subcontractor, respectively; and 
(iii) the individual is customarily en-
gaged in an independently established 
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trade, occupation, profession, or business 
of the same nature as that involved in such 
service. 
(J) Ensure that all laborers, mechanics, 
and other workers employed by the contractor 
or subcontractor shall not displace or supplant 
an employee or position of the eligible entity, 
including partial displacement such as a reduc-
tion in hours, wages, or employment benefits, 
as a result of receiving a grant under this sec-
tion. 
(2) ACTION TO ENFORCE INDEPENDENT CON-
TRACTOR REQUIREMENT.—A third party, including 
a State or local government, may bring an action in 
any court of competent jurisdiction to enforce the re-
quirement under paragraph (1)(I). 
(h) CONSULTATION WITH AGENCIES.—The Sec-
retary shall— 
(1) consult with the Secretary of Energy— 
(A) in developing criteria and assessing ap-
plications for grants under subsection (a); and 
(B) to identify and verify state-of-the-art 
building materials and appliances, made in the 
United States, that can be procured at scale for 
purposes of this Act; 
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(2) consult with the Secretary of the Treasury 
to track alternative energy revenues that are re-
turned to the Department of the Treasury under 
subsection (f)(4); 
(3) consult with the Administrator of the Envi-
ronmental Protection Agency— 
(A) in developing criteria and assessing ap-
plications for grants under of subsection (a)(2); 
(B) regarding testing air quality and water 
quality for purposes of grant activities described 
in subsection (a)(2)(B)(ii); and 
(C) regarding testing soil quality for radon 
and other contaminants for purposes of grant 
activities described in subsection (a)(2)(B); 
(4) consult with the Secretary of Education in 
developing criteria and assessing applications for 
grants under subsection (a)(1); 
(5) consult with the Secretary of Labor in de-
veloping criteria and assessing applications for 
grants under subsection (a)(1); 
(6) consult with the Administrator of the Small 
Business Administration in developing criteria and 
assessing applications for grants under subsection 
(a); 
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(7) consult with the Secretary of Health and 
Human Services— 
(A) in developing criteria and assessing ap-
plications for grants under subsection (a)(2); 
and 
(B) regarding health trends related to all 
illnesses that disproportionately impact low-in-
come people; 
(8) consult with the Administrator of the Fed-
eral Emergency Management Agency in developing 
criteria and assessing applications for grants under 
subsection (a)(2); 
(9) consult with the Secretary of the Interior to 
develop criteria and assess applications for grants 
under subsection (a)(2); and 
(10) consult with any entity described in para-
graphs (1) through (9) for any other purpose as de-
termined necessary by the Secretary to carry out 
this section and the purposes of this Act. 
(i) REPORTS.—The Secretary shall submit to Con-
gress biannual reports on the impact that the grant pro-
grams established under subsection (a) have had on— 
(1) the rehabilitation, upgrades, innovation, and 
transition of public housing in the United States; 
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(2) total greenhouse gas emission output, and 
quarterly data on greenhouse gas emission reduc-
tions from individual public housing developments, 
specifically as they relate to— 
(A) home energy carbon pollution emis-
sions in each public housing development, as 
calculated using the Carbon Footprint Calcu-
lator from the Environmental Protection Agen-
cy; 
(B) waste-related carbon emissions in each 
public housing development, as calculated using 
the Carbon Footprint Calculator from the Envi-
ronmental Protection Agency; and 
(C) total greenhouse gas emissions released 
by individual public housing buildings and 
homes within a public housing development, as 
calculated using the Greenhouse Gas Equiva-
lencies Calculator from the Environmental Pro-
tection Agency; 
(3) the amount of Federal money saved due to 
energy cost savings at public housing projects, on a 
quarterly basis; 
(4) the amount of energy savings per KwH at 
each public housing project, on a quarterly basis; 
(5) public housing residents, including— 
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