Library / Laws / 113th / s / S. 437 / Introduced in Senate
II
113th CONGRESS
1st Session
S. 437
IN THE SENATE OF THE UNITED STATES
March 4, 2013
Mr. Menendez introduced
the following bill; which was read twice and referred to the
Committee on Health, Education, Labor,
and Pensions
A BILL
To authorize the Department of Housing and Urban
Development to transform neighborhoods of extreme poverty into sustainable,
mixed-income neighborhoods with access to economic opportunities, by
revitalizing severely distressed housing, and investing and leveraging
investments in well-functioning services, educational opportunities, public
assets, public transportation, and improved access to jobs.
1.
Short
title; table of contents
(a)
Short
title
This Act may be cited
as the Choice Neighborhoods Initiative
Act of 2013.
(b)
Table of
contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of
contents.
Sec. 2. Findings and purposes.
Sec. 3. Grant authority.
Sec. 4. Eligible entities.
Sec. 5. Eligible neighborhoods.
Sec. 6. Authorized activities.
Sec. 7. Interagency consultation and notification of available
funding.
Sec. 8. Transformation plan and selection.
Sec. 9. Program requirements.
Sec. 10. Definitions.
Sec. 11. Demolition and disposition.
Sec. 12. Administration by other entities.
Sec. 13. Withdrawal of funding.
Sec. 14. Annual report.
Sec. 15. Program evaluation.
Sec. 16. Funding.
2.
Findings and
purposes
(a)
Findings
Congress
finds that—
(1) the geographic
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 a successful first step in 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 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 Act are—
(1) to transform
neighborhoods of extreme poverty into mixed-income neighborhoods of long-term
viability, by revitalizing severely distressed housing, improving access to
economic opportunities, and investing and leveraging investments in
well-functioning services, effective schools and education programs, public
assets, public transportation, and improved access to jobs;
(2) to 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;
(3) to support
positive outcomes for all neighborhood residents, including improvements in
educational achievements, and economic self-sufficiency; and
(4) to ensure that
current residents benefit from transformation by preserving affordable housing
in the neighborhood or providing residents with the choice to move to
affordable housing in another neighborhood of opportunity.
3.
Grant
authority
The Secretary is
authorized to make competitive grants to eligible entities that submit
transformation plans that will further the purposes of this Act in eligible
neighborhoods.
4.
Eligible
entities
Entities eligible to
be grantees under this Act include local governments, public housing agencies,
community development corporations (as defined in section 204(b)(11) of the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1997 (12 U.S.C. 1715z–11a(b)(11))),
assisted housing owners, and other for-profit and nonprofit entities.
5.
Eligible
neighborhoods
Eligible
neighborhoods for grant funds under this Act include neighborhoods with—
(1) a concentration
of extreme poverty;
(2) severely
distressed housing; and
(3) a potential for
long-term viability, once key problems are addressed, including neighborhoods
with characteristics such as proximity to educational institutions, medical
centers, central business districts, major employers, effective transportation
alternatives (including public transit, walking, and bicycling) and being close
to low-poverty neighborhoods.
6.
Authorized
activities
(a)
In
general
Activities authorized to be funded under this Act are
those that will further the purposes of this Act, in accordance with a
transformation plan approved under section 8, to carry out transformational
programs and initiatives.
(b)
Required
activities
The following authorized activities shall be contained
in the transformation plan to be submitted under section 8 and implemented by a
grantee under an approved transformation plan:
(1) The
transformation of housing through rehabilitation, preservation, or demolition,
or any combination thereof, and replacement of severely distressed housing
projects that incorporates energy efficient design principles.
(2) Activities that
promote the economic self-sufficiency of residents of the revitalized housing
and of the surrounding neighborhood.
(3) Activities that
preserve affordable housing in the neighborhood and other activities necessary
to ensure that existing residents have access to the benefits of the
neighborhood transformation.
(4) Activities that
demonstrate that each tenant relocated from severely distressed housing 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 in section
9(a).
(5) Activities that
meet the program requirements for replacement of housing units in section
9(b).
(6) Activities that
meet the fair housing program requirements in section 9(c) and the
accessibility requirements in section 9(d).
(7) Appropriate
service coordination, support services, mobility counseling, and housing search
assistance for residents displaced as a result of revitalization of severely
distressed projects.
(8) Involvement of
residents of severely distressed housing and of the neighborhood 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 proficiency.
(9) Relocation
assistance, including tenant-based rental assistance renewable under section 8
of the United States Housing Act of 1937 (42 U.S.C. 1437f), and supportive
services for families that are displaced, including mobility and relocation
counseling over multiple years, reasonable moving costs, and security
deposits.
(10) Tracking of
tenants relocated during redevelopment throughout the life of the grant or
until full occupancy of replacement housing, whichever is longer.
(11) Links to local
education efforts, as described in subsection (c)(4).
(c)
Eligible
activities
In addition to the activities required under
subsection (b), activities eligible for funding under this Act include—
(1) construction,
acquisition or rehabilitation of public, assisted, and privately owned housing
that incorporates sustainable design principles, including energy
efficiency;
(2) construction,
acquisition, or rehabilitation of mixed-use developments that include public or
assisted housing;
(3) the acquisition,
demolition, or disposition of properties, including Federal Housing
Administration-foreclosed properties;
(4) partnering with
local educators, and engaging in local community planning, to help increase
access to place-based programs that combine a continuum of effective community
services, strong family support, and comprehensive education reform to improve
the educational and life outcomes for resident children and youth;
(5) providing support
services for residents primarily focused on case management, service
coordination (including family self-sufficiency coordinators), workforce
development, financial literacy and technical assistance to enable residents to
access programs from other key agencies and local service providers, in order
to help residents with stable housing, improve outcomes for children, enhance
adults’ capacity for self-sufficiency and economic security, and services for
the elderly and persons with disabilities to maintain independence;
(6) rehabilitation,
physical improvement and development of community facilities that are primarily
intended to facilitate the delivery of economic, community, and supportive
services which have a significant benefit to residents of housing assisted by
the grant and residents of off-site replacement housing;
(7) work incentives
designed to help public and assisted housing residents access jobs and move
toward self-sufficiency;
(8) partnerships
involving the police, community organizations, and other entities to reduce
crime and promote safety;
(9) partnering with
employers and for-profit and nonprofit organizations to create jobs and job
training opportunities, with a focus on job opportunities accessible by mass
transit;
(10) activities that
promote sustainable neighborhoods and incorporate principles of sustainable
design and development;
(11) critical
community improvements not otherwise covered by this Act; and
(12) loss reserves to
protect residents of housing assisted by the grant and continue the project in
case of default, foreclosure, or any other adverse financial event.
(d)
Eligible
methods of support
Activities carried out with amounts from a
grant under this Act may be carried out through—
(1) endowments,
revolving loan funds, reserves or other instruments that the Secretary approves
for tenant services and ongoing operating and capital needs; and
(2) land assembly and
land banking.
(e)
Funding
restrictions
(1)
Restriction on
activities
(A)
In
general
No funds made available under this Act may be used for
construction or rehabilitation of a K–12 school building or a higher
educational institution.
(B)
Non-housing
activities and supportive services
For each grant under this Act,
the grantee shall comply with each of the following requirements:
(i) Not
more than 30 percent of the amount of the grant may be used for eligible
activities under paragraphs (4) through (12) of subsection (c).
(ii) Not more than 5
percent of the amount of the grant may be used for eligible activities under
paragraphs (8) and (9) of subsection (c).
(2)
Waiver
The
Secretary may waive the funding limits in this subsection in order to promote
the purposes of this Act.
7.
Interagency
consultation and notification of available funding
(a)
Annual
consultation
The Secretary shall consult with appropriate Federal
agencies to identify additional funding opportunities that may be available to
eligible neighborhoods and ensure that eligible entities are aware of such
opportunities as follows:
(1) The Secretary
shall consult with the Secretary of Labor, the Secretary of Education, the
Secretary of Transportation, the Secretary of Health and Human Services, the
Administrator of the Environmental Protection Agency, and other agencies, as
the President may prescribe.
(2) The Secretary
shall include in the notification of funding availability for Choice
Neighborhoods information about other Federal funding opportunities that the
Secretary deems related to the Choice Neighborhoods program.
(3) The Secretary
shall consult with the Secretary of Labor, the Secretary of Education, the
Secretary of Transportation, the Secretary of Health and Human Services, the
Administrator of the Environmental Protection Agency, and other agencies, as
the Secretary may prescribe, to identify barriers to and opportunities for
greater coordination of Federal resources for meeting the purposes of this
Act.
(b)
Reports to
Congress
The Secretary shall—
(1) not later than 1
year after the date of enactment of this Act, issue a report to the Committee
on Banking, Housing, and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives identifying barriers and
opportunities to the coordination of Federal funding to meet the purposes of
this Act, including any regulatory or statutory recommendations for addressing
such barriers; and
(2) issue an annual
report to be posted on the agency Web site that identifies Federal funding
opportunities for eligible neighborhoods and best practices in coordinating
Federal funding for purposes of this Act.
8.
Transformation
plan and selection
(a)
Transformation
plan
An application for a grant under this Act shall be submitted
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, affordable housing, 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) includes a
long-term affordability plan that describes how the grantee will maintain
affordable housing in the neighborhood over the succeeding 50 years or longer,
including affordability provisions relating to dwelling units provided using
assistance under the grant under this Act, and an agreement by the applicant to
update such plan every 5 years during such period;
(3) demonstrates how
the required activities under section 6(b) will be carried out, with particular
focus on the housing transformation;
(4) describes the
other eligible activities listed in section 6(c) that will occur in support of
the housing transformation;
(5) defines desired
outcomes of the strategy, identifies the population that 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; and
(6) includes such
other information and shall be submitted at such time and in accordance with
procedures as the Secretary shall prescribe.
(b)
Selection
criteria
The Secretary shall establish criteria for the award of
grants under this Act, which shall include the extent to which the
transformation plan—
(1) demonstrates the
ability of the plan to further the purposes of this Act, as evidenced by, among
other factors, a track record of effective partnerships and community
engagement;
(2) demonstrates
inclusive local planning with input from local government, housing owners and
providers, educators, residents, local community organizations, public schools,
early learning 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 local government, early
learning programs, and public schools, or a public housing agency, or all
three;
(4) submits current
data showing that the neighborhood targeted for revitalization is in need of
and can benefit from the authorized activities described in section 6 and
proposed in the transformation plan;
(5) demonstrates that
the neighborhood has, or will have, the potential for long-term
viability;
(6) demonstrates the
capability and record of the applicant and its partners for managing housing
redevelopment or modernization projects and meeting performance
benchmarks;
(7) demonstrates that
sustainable building and energy efficient design principles are incorporated or
will be incorporated in the activities;
(8) demonstrates that
the neighborhood has, or will have within a reasonable time, public
transportation that provides effective access to economic opportunities and
commercial and public services;
(9) demonstrates that
the residents of revitalized housing developments have or will have access to
high-quality educational opportunities, including early learning and effective
K–12 public schools, in or outside of the neighborhood;
(10) demonstrates
that the transformation plan includes the provision of appropriate supportive
services and activities that promote economic self-sufficiency of residents,
and a plan to sustain those services;
(11) 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 and minority
populations;
(12) demonstrates
that sufficient housing opportunities are available in the neighborhood to be
revitalized and in nonminority, low-poverty areas to accommodate displaced
residents;
(13) has a
well-documented assessment of the number of households with special needs for
ongoing supportive services residing in the public or assisted properties that
are the target of the grant and an effective plan to address those
needs;
(14) demonstrates the
ability to leverage funds from—
(A) other programs of
the Department of Housing and Urban Development;
(B) other Federal,
State, or local programs; or
(C) the private
sector, including donations of land or services;
(15) replaces the
public and assisted housing units in accordance with section 9(2), if targeting
a project that meets the definition of section 10(9)(B);
(16) demonstrates, if
feasible, phased redevelopment that provides for demolition and construction of
dwelling units in phases, to limit disruptions to residents;
(17) 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; and
(18) demonstrates
compliance with any other factors and priorities, as the Secretary may
prescribe through a notice of funding availability and that further the
purposes of this Act.
9.
Program
requirements
The following
requirements shall apply to any grant made under this Act:
(1)
Housing choice
opportunities for returning tenants
An approved transformation
plan under section 8 shall demonstrate that each former tenant who wishes to
return to the on-site or off-site replacement housing may return if the tenant
was lease-compliant at the time of departure from the housing subject to
rehabilitation or demolition, and 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. A returning
tenant shall be provided a preference for occupancy of on-site or off-site
replacement units before such units are made available to any other eligible
households, or the tenant 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 this Act.
(2)
Relocation and
notice
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 Act
shall be subject to the following requirements:
(A)
The Uniform
Relocation Act
The Uniform Relocation and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 61) shall apply to all relocation
activities pursuant to a transformation plan under this Act, except as
otherwise provided in this Act.
(B)
Relocation
plan
The applicant shall submit to the Secretary, before
acquisition or demolition, a relocation plan providing for the relocation of
residents occupying the public or assisted housing for which the demolition or
disposition is proposed.
(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 in this section have been
met;
(C) provides
information regarding relocation options; and
(D) advises residents
of the availability of relocation counseling.
(4)
Notice before
relocation
Except in the 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 nontechnical 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 notification, of the demolition, their rights, and relocation
options.
(5)
One-for-one
replacement of public or assisted housing units
Each
transformation plan that provides for dwelling units to be demolished or
disposed shall provide as follows:
(A)
Number of
units
For one hundred percent of all such dwelling units in
existence, as of the date of the application for the grant, that are to be
demolished or disposed, the transformation plan shall provide for replacement
of the dwelling unit.
(B)
Number of
bedrooms
Replacement housing for demolished properties shall
reflect the number of bedrooms that are needed to adequately serve returning
tenants, households currently on the waiting list and that are needed based on
other market data, except that in instances where the tenants of the original
properties need a different number of bedrooms than households on the waiting
list, the plan may enable displaced tenants to exercise their opportunity under
paragraph (1), using a tenant-based voucher in the original neighborhood or
other neighborhood of the tenants’ choice.
(C)
Location
(i)
Replacement
units
Replacement housing units shall be developed—
(I) in the
neighborhood being revitalized; and
(II) within the
metropolitan area, up to 25 miles from the original project site, as necessary
to—
(aa) comply with fair
housing requirements;
(bb) deconcentrate
poverty;
(cc) redevelop on
site with appropriate densities; or
(dd) meet
other factors, as determined by the Secretary in order to further the purposes
of this Act.
(ii)
Replacement
housing outside immediate neighborhood
Replacement housing
outside the immediate neighborhood shall offer access to economic opportunities
and public transportation and shall be accessible to social, recreational,
educational, commercial, health facilities and services, and other municipal
services and facilities that are comparable, under such standards as the
Secretary may prescribe.
(iii)
Off-site
replacement housing
Off-site replacement housing, outside the
immediate neighborhood, shall not be located in areas of minority
concentration, defined in relation to the metropolitan area or rural county in
which the Choice Neighborhoods project is located, or in areas of extreme
poverty.
(D)
Types of
units
Replacement housing is public housing or other assisted
housing units, as defined in section 10, excluding tenant-based vouchers,
unless permitted in this section.
(E)
Use of
project-based vouchers for replacement housing
The Secretary may
require the use of project-based voucher assistance under section 8(o)(13) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) to meet the
replacement requirement. Where project-based voucher units are developed as
replacement housing, subparagraph (D) of section 8(o)(13), relating to
percentage limitation and income-mixing requirement for project-based voucher
assistance, shall not apply. The Secretary may waive or modify other provisions
of section 8(o)(13) to promote the purposes of this program.
(F)
Tenant-based
vouchers as replacement housing
A grantee may replace up to 20
percent of the public housing or other assisted housing dwelling units that are
demolished or disposed of under the transformation plan with tenant-based
vouchers in housing markets where there is an adequate supply of affordable
rental housing in areas of low poverty. Such supply shall be demonstrated by
data that shows within the housing market or area served by the Choice
Neighborhoods project that—
(i) a
minimum of 80 percent of vouchers issued over the preceding 24 months to
comparable families were successfully leased within 120 days of issuance or, if
a sufficient number of comparable families have not received vouchers, the
Secretary shall design an alternative measure;
(ii) existing voucher
holders are widely dispersed geographically, as determined by the Secretary,
among the available private rental housing stock, including in areas of low
poverty; and
(iii) the grantee
provides a market analysis demonstrating that there is a relatively high
vacancy rate, 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)).
(6)
Fair
housing
The demolition or disposition, relocation, replacement,
and re-occupancy of housing units under this Act 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 which 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 under this Act.
(7)
Accessibility
requirements
All new construction and substantial alterations of
existing buildings receiving assistance under this Act shall comply with the
requirements of the Rehabilitation Act of 1973, the Uniform Federal
Accessibility Standards, the Fair Housing Act, and any other requirements, as
determined by the Secretary.
(8)
Affordability
requirement
The owner of a property assisted with funding under
this Act shall agree to a period of affordability for the property which shall
be not less than the period of affordability to which the property is already
subject and remains subject, or 30 years, whichever is greater.
(9)
Cost
limits
Subject to the provisions of this Act, the Secretary shall
establish cost limits on eligible activities under this Act sufficient to
provide for effective transformation programs.
(10)
Environmental
review
For purposes of environmental review, assistance and
projects under this Act 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, and shall be subject to the regulations issued
by the Secretary to implement such section.
(11)
Grantee
reporting
The Secretary shall require grantees under this Act to
report the sources and uses of all amounts expended and other information for
transformation plans for the annual report of the Secretary to Congress or
other purposes, as determined by the Secretary.
10.
Definitions
For purposes of this Act, the following
definitions shall apply:
(1)
Affordable
housing
The term affordable housing includes—
(A) assisted housing,
as defined by this Act; or
(B) private housing
for which the Secretary requires the owner or purchaser of the project to
maintain affordability for not fewer than 30 years, in accordance with use
restrictions promulgated in regulations 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)
Assisted
housing
The term assisted housing means housing
assisted under—
(A) section 8 or 9 of
the United States Housing Act of 1937 (42 U.S.C. 1437f and 42 U.S.C. 1437g);
and
(B) section 221(d)(3)
or section 236 (12 U.S.C. 1715 and 12 U.S.C. 1715z–1) of the National Housing
Act.
(3)
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;
and
(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.
(4)
Extreme
poverty
The term extreme poverty neighborhoods means
a neighborhood in which a high percentage of residents are estimated to be in
poverty or have extremely low incomes, based on the most recent data collected
by the Census Bureau and that is experiencing distress related to—
(A) 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;
(B) high rates of
vacant, abandoned, or substandard homes relative to the city or county as a
whole;
(C) a low-performing
public school;
(D) other such factor
as determined by the Secretary that further the purposes of this Act; or
(E) any combination
of such factors.
(5)
Families
The
term families has the meaning provided in section 3(B)(3) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(B)(3)).
(6)
Long-term
viability
The term long-term viability refers to a
neighborhood that is sustainable on an economic, educational, and environmental
basis.
(7)
Public housing
agency
The term public housing agency has the
meaning provided in section 3(b)(6) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)(6)).
(8)
Secretary
The
term Secretary means the Secretary of Housing and Urban
Development.
(9)
Severely
distressed housing
The term severely distressed
housing means a public or assisted housing project (or building in a
project) that—
(A)
(i) 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; 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.
(10)
Supportive
services
The term supportive services includes all
activities for public or assisted housing tenants displaced from the projects
being revitalized under this Act, that will promote upward mobility,
self-sufficiency, or improved quality of life, including such activities as
literacy training, remedial and continuing education, job training, financial
literacy instruction, day care, youth services, aging-in-place, public
transportation, physical and mental health services, economic development
activities, and other programs for which the community demonstrates
need.
11.
Demolition and
disposition
The demolition or
disposition of severely distressed public and assisted housing pursuant to a
transformation plan is exempt from the provisions of section 18 of the United
States Housing Act of 1937 (42 U.S.C. 1437p).
12.
Administration
by other entities
The
Secretary may require a grantee under this Act 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, if the
Secretary determines that such action will help to effectuate the purposes of
this Act.
13.
Withdrawal of
funding
If a grantee under
this Act does not proceed within a reasonable time frame in implementing its
transformation plan, or does not otherwise comply with the requirements of this
Act or the grant agreement, as determined by the Secretary, the Secretary is
authorized to withdraw any grant amounts under this Act 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 Act.
14.
Annual
report
The Secretary shall
submit to Congress an annual report setting forth—
(1) the number, type,
and cost of affordable housing units revitalized pursuant to this Act;
(2) the amount and
type of financial assistance provided under and in conjunction with this Act,
including a specification of the amount and type of assistance provided for
educational opportunities, services, public assets, public transportation, and
access to jobs; and
(3) the impact of
grants made under this Act on the original residents, the target neighborhoods,
and the larger communities within which they are located.
15.
Program
evaluation
The Secretary shall
conduct, and shall submit a report to Congress on, an evaluation of the Choice
Neighborhoods program, with respect to which—
(1) the Secretary
shall—
(A) select an outside
expert firm to conduct the evaluation of the Choice Neighborhoods program;
and
(B) consult with the
Secretary of Labor, the Secretary of Education, the Secretary of
Transportation, the Secretary of Health and Human Services, the Administrator
of the Environmental Protection Agency, and other appropriate agencies on the
evaluation of the program and selection of the evaluation firm;
(2) the Secretary
shall submit to Congress a report of the results of the evaluation 5 years
after the initial grant awards, and annually thereafter; and
(3) the factors to be
considered within the evaluation include measures of—
(A) resident
engagement within and after the transformation process;
(B) neighborhood
improvement, including changes in property values, demographic changes, access
to transportation, and survey data on resident satisfaction;
(C) self-sufficiency,
including changes in resident and neighborhood income, and changes in
neighborhood and resident employment statistics;
(D) educational
improvement, including student performance data, student mobility and
absenteeism, and parental involvement; and
(E) other indicators
deemed appropriate by the Secretary.
16.
Funding
There are authorized to be appropriated the
following:
(1) $350,000,000 for
fiscal year 2013, and such sums as may be necessary in each of fiscal years
2014 through 2017, for grants under this Act. Of the funding authorized in any
fiscal year, up to 10 percent is authorized for planning grants. In awarding
planning grants, the Secretary may elect to base selection on a subset of the
required provisions of this Act. In any fiscal year, up to 5 percent is
authorized for technical assistance and program evaluation efforts related to
grants awarded under this Act, or under predecessor programs.
(2) Such sums as may
be necessary for each of fiscal years 2013 through 2017, 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 9(2) of this Act, but not to exceed the amount of assistance for the
number of units demolished or disposed of under section 9(2).
(3) Not less than
2/3 of amounts made available in any fiscal year under
this Act shall be used for, or 2/3 of the number of
housing units assisted under this Act shall be, public housing units, subject
to de minimis variations, as may result from the grantee selection
process.