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SA 4403. Mr. KERRY (for himself and Ms. Snowe) submitted an amendment intended to be proposed by him to the bill H.R. 3221, moving the United States toward greater energy independence and security, developing innovative new technologies, reducing carbon emissions, creating green jobs, protecting consumers, increasing clean renewable energy production, and modernizing our energy infrastructure, and to amend the Internal Revenue Code of 1986 to provide tax incentives for the production
of renewable energy and energy conservation; which was ordered to lie on the table; as follows:
At the end, insert the following:
TITLE VIII--NATIONAL AFFORDABLE HOUSING TRUST FUND
SEC. 801. SHORT TITLE.
This title may be cited as the ``National Affordable Housing Trust Fund Act of 2008''.
SEC. 802. NATIONAL AFFORDABLE HOUSING TRUST FUND.
(a) In General.--Title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12721 et seq.) is amended by adding at the end the following new subtitle:
``Subtitle G--National Affordable Housing Trust Fund
``SEC. 291. PURPOSES.
``The purposes of this subtitle are--
``(1) to address the national shortage of housing that is affordable to low-income families by creating a permanently appropriated fund, with dedicated sources of funding, to finance additional housing activities, without supplanting existing housing appropriations or existing State and local funding for affordable housing;
``(2) to enable rental housing to be built, for families with the greatest economic need, in mixed-income settings and in areas with the greatest economic opportunities;
``(3) to promote ownership of one-to-four family owner-occupied housing by low-income families; and
``(4) to construct, rehabilitate, and preserve at least 1,500,000 affordable dwelling units over the next decade.
``SEC. 292. TRUST FUND.
``(a) Establishment.--There is established in the Treasury of the United States a trust fund to be known as the National Affordable Housing Trust Fund.
``(b) Deposits to Trust Fund.--There shall be authorized to be appropriated to the Trust Fund such sums as necessary to carry out this subtitle for fiscal years 2009 and 2010.
``(c) Expenditures From Trust Fund.--Amounts in the Trust Fund shall be available to the Secretary of Housing and Urban Development, and are hereby appropriated, for providing assistance under this subtitle.
``(d) Federal Assistance.--All assistance provided using amounts in the Trust Fund shall be considered to be Federal financial assistance.
``SEC. 293. ALLOCATIONS FOR STATES, INDIAN TRIBES, INSULAR AREAS, AND PARTICIPATING LOCAL JURISDICTIONS.
``(a) Determination of Amount Available for Fiscal Year.--For fiscal year 2009 and for each fiscal year thereafter, the Secretary shall determine the total amount available from the Trust Fund pursuant to section 292(c) for assistance under this subtitle and shall use such amount to provide such assistance for such fiscal year.
``(b) Allocation.--For each such fiscal year, of such total amount available from the Trust Fund, the Secretary shall allocate for use under section 294--
``(1) 40 percent for States, Indian tribes, and insular areas; and
``(2) 60 percent for participating local jurisdictions.
``SEC. 294. ASSISTANCE FROM TRUST FUND.
``(a) Affordable Housing Needs Formula.--
``(1) ESTABLISHMENT AND FACTORS.--The Secretary shall establish a formula to allocate amounts made available for a fiscal year for assistance under this subtitle among States, all Indian tribes, insular areas, and participating local jurisdictions based on the relative needs of such entities, for funds to increase the supply of decent quality affordable housing. The formula shall be based upon a comparison of the following factors with respect
to each State, Indian tribes, each insular area, and each participating local jurisdiction:
``(A) The ratio of the population of the State, Indian tribes, insular area, or participating jurisdiction, to the aggregate population of all States, Indian tribes, insular areas, and participating jurisdictions.
``(B) The percentage of families in the jurisdiction of the State, of Indian tribes, or of the insular area or participating jurisdiction that live in substandard housing.
``(C) The percentage of families in the jurisdiction of the State, of Indian tribes, or of the insular area or participating jurisdiction that pay more than 50 percent of their annual income for housing costs.
``(D) The percentage of persons in the jurisdiction of the State, of Indian tribes, or of the insular area or participating jurisdiction having an income at or below the poverty line.
``(E) The cost of constructing or carrying out rehabilitation of housing in the jurisdiction of the State, of Indian tribes, or of the insular area or participating jurisdiction.
``(F) The percentage of the population of the State, of Indian tribes, or of the insular area or participating jurisdiction that resides in counties having extremely low vacancy rates.
``(G) The percentage of housing stock in the jurisdiction of the State, of Indian tribes, or of the insular area or participating jurisdiction that is extremely old housing.
``(H) For the jurisdiction of a State, of Indian tribes, or of an insular area or participating jurisdiction that has an extremely low percentage of affordable rental housing, the extent to which the State, Indian tribes, or the insular area or participating jurisdiction has in the preceding fiscal year increased the percentage of rental housing within its jurisdiction that is affordable housing.
``(I) The relationship between the median family income for the area, as determined by the Secretary, and fair market rent.
``(J) Any other factors that the Secretary determines to be appropriate.
``(2) FAILURE TO ESTABLISH.--If, in any fiscal year referred to in section 293(a), the regulations establishing the formula required under paragraph (1) of this subsection have not been issued by the date that the Secretary determines the total amount available from the Trust Fund for assistance under this subtitle for such fiscal year pursuant to section 292(c), or there has been enacted before such date a joint resolution expressly disapproving the use of the formula required under
paragraph (1) and submitted to the Congress pursuant to paragraph (3), for purposes of such fiscal year--
``(A) section 293(b), paragraphs (2) and (3) of subsection (b) of this section, and subsection (c) of this section shall not apply;
``(B) the allocation for Indian tribes shall be such amount as the Secretary shall establish; and
``(C) the formula amount for each State, insular area, or participating local jurisdiction shall be determined by applying, for such State, insular area, or participating local jurisdiction, the percentage that is equal to the percentage of the total amounts made available for such fiscal year for allocation under subtitle A of this title (42 U.S.C. 12741 et seq.) that are allocated in such year, pursuant to such subtitle, to such State, insular area, or participating local jurisdiction, respectively,
and the allocation for each State, insular area, or participating jurisdiction, for purposes of subsection (e) shall, except as provided in subsection (d), be the formula amount for the State, insular area, or participating jurisdiction, respectively.
``(3) SUBMISSION TO CONGRESS.--Notwithstanding any other provision of this subtitle, any formula established by the Secretary pursuant to this subsection shall be submitted to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate not less than 120 days before application of the formula for purposes of determining formula amounts under subsection (b) for a fiscal year. Such submission shall be accompanied
by a detailed explanation of the factors under the formula and anticipated effects of the formula.
``(b) Formula Amount.--
``(1) IN GENERAL.--For each fiscal year referred to in section 293(a), the Secretary shall determine the formula amount under this subsection for each State, for Indian tribes, for each insular area, and for each participating local jurisdiction.
``(2) STATES, INDIAN TRIBES, AND INSULAR AREAS.--The formula amount for each State, for Indian tribes, and for each insular area shall be the amount determined for such State, for Indian tribes, or for such insular area by applying the formula under subsection (a) of this section to the total amount allocated under section 293(b)(1) for all States, Indian tribes, and insular areas for the fiscal year.
``(3) PARTICIPATING LOCAL JURISDICTIONS.--The formula amount for each participating local jurisdiction shall be the amount determined for such participating local jurisdiction by applying the formula under subsection (a) of this section to the total amount allocated under section 293(b)(2) for all participating local jurisdictions for the fiscal year.
``(4) NOTICE.--For each fiscal year referred to in section 293(a), not later than 60 days after the date that the Secretary determines the total amount available from the Trust Fund for such fiscal year pursuant to section 292(c) for assistance under this subtitle, the Secretary shall cause to be published in the Federal Register a notice that such amounts shall be so available.
``(c) Allocation Based on Affordable Housing Needs Formula.--The allocation under this subsection for a State, for Indian tribes, for an insular area, or for a local participating jurisdiction for a fiscal year shall be determined as follows:
``(1) STATES.--Subject to subsection (d), the allocation for a State shall be as follows:
``(A) MINIMUM AMOUNT.--If the formula amount determined under subsection (b)(2) for the State for the fiscal year is less than 1 percent of the total amount allocated for such fiscal year under section 293(b)(1), the allocation for the State shall be 1 percent of the total amount allocated for such fiscal year under section 293(b)(1).
``(B) FORMULA AMOUNT.--If the formula amount determined under subsection (b)(2) for the State for the fiscal year is 0.5 percent or more of the total amount allocated for such fiscal year under section 293(b)(1), the allocation for the State shall be the formula amount for the State, except that--
``(i) the Secretary shall reduce such formula amounts for all States whose allocations are determined under this subparagraph on a pro rata basis, except as provided in clause (ii), by the amount necessary to account for any increases from the formula amount for allocations made under subparagraph (A), so that the total of the allocations for all States pursuant to this paragraph is equal to the aggregate of the formula amounts under subsection (b)(2) for all States; and
``(ii) no reduction pursuant to clause (i) for any State may reduce the formula amount for the State to less than 0.5 percent of such total amount allocated for such fiscal year.
``(2) INDIAN TRIBES AND INSULAR AREAS.--The allocation for Indian tribes and for each insular area shall be the formula amount for Indian tribes or for the insular area, respectively, determined under subsection (b), as applicable.
``(3) PARTICIPATING LOCAL JURISDICTIONS.--Subject to subsection (d), the allocation for each participating local jurisdiction shall be the formula amount for the jurisdiction determined under subsection (b).
``(d) Allocation Exception for Years in Which Less Than $2 Billion Is Available.--If, for any fiscal year, the total amount available pursuant to section 293(a) for assistance under this subtitle is less than $2,000,000,000--
``(1) for each participating local jurisdiction having a formula amount for such fiscal year of less than $750,000, the allocation shall be $0, except that the allocation for such a jurisdiction for such fiscal year shall be the formula amount for the jurisdiction for such fiscal year if--
``(A) the Secretary finds that the jurisdiction has demonstrated a capacity to carry out provisions of this subtitle and the State in which such jurisdiction is located has authorized the Secretary to transfer to the jurisdiction a portion of the State's allocation that is equal to or greater than the difference between the jurisdiction's formula amount and $750,000, or the State or jurisdiction has made available such an amount from the State's or jurisdiction's own sources available for use
by the jurisdiction in accordance with this subtitle; or
``(B) the formula amount for such jurisdiction for such fiscal year is an amount that is greater than the formula amount for such fiscal year for any other participating local jurisdiction that is located in the same State; and
``(2) in the case of any jurisdiction whose allocation is $0 by operation of paragraph (1), the allocation for the State in which such participating local jurisdiction is located shall be increased by the amount of the formula amount for the participating local jurisdiction.
Any adjustments pursuant to paragraphs (1) and (2) shall be made notwithstanding the allocation percentages under section 293(b).
``(e) Grant Awards.--For each fiscal year referred to in section 293(a), using the amounts made available to the Secretary from the Trust Fund for such fiscal year under section 292(c), the Secretary shall, subject to subsection (f), make a grant to each State, insular area, and participating local jurisdiction in the amount of the allocation under subsection (a)(2), (c), or (d), as applicable, for the State, area, or jurisdiction, respectively.
``(f) Matching Requirement.--
``(1) IN GENERAL.--Each grantee for a fiscal year shall contribute to eligible activities funded with Trust Fund grant amounts, or require the contribution to such eligible activities by recipients of such Trust Fund grant amounts of, in addition to any such grant amounts, not less than the following amount:
``(A) STATE, LOCAL, OR PRIVATE RESOURCES.--To the extent that such contributed amounts are derived from State, local, or private resources, 12.5 percent of such grant amounts.
``(B) FEDERAL AMOUNTS.--To the extent that such contributed amounts are derived from State- or locally-controlled amounts from Federal assistance, or from amounts made available under the affordable housing program of a Federal Home Loan Bank pursuant to section 10(j) of the Federal Home Loan Bank Act (12 U.S.C. 1430(j)), 25 percent of such grant amounts.
Nothing in this paragraph may be construed to prevent a grantee or recipient from complying with this paragraph only by contributions in accordance with subparagraph (A), only by contributions in accordance with subparagraph (B), or by a combination of such contributions.
``(2) REDUCTION OR WAIVER FOR RECIPIENTS IN FISCAL DISTRESS.--The Secretary may reduce or waive the requirement under paragraph (1) with respect to any grantee that the Secretary determines, pursuant to such demonstration by the recipient as the Secretary shall require, is in fiscal distress. The Secretary shall make determinations regarding fiscal distress for purposes of this paragraph in the same manner, and according to the same criteria, as fiscal distress is determined with respect
to jurisdictions under section 220(d) (42 U.S.C. 12750(d)).
``(3) QUALIFICATION OF SERVICES FUNDING FOR MATCH.--For purposes of meeting the requirements of paragraph (1), amounts that a grantee, recipient, or other governmental or private agency or entity commits to contribute to provide services to residents of affordable housing provided using grant amounts under this subtitle, by entering into a binding commitment for such contribution as the Secretary shall require, shall be considered contributions to eligible activities. Amounts to be considered
eligible contributions under this paragraph shall not exceed 33 percent of the total cost of the eligible activity.
``(4) REDUCTION OR WAIVER FOR CERTAIN ACTIVITIES.--With respect to Trust Fund grant amounts made available for a fiscal year, the Secretary shall reduce or waive the amount of contributions otherwise required under paragraph (1) to be made with respect to eligible activities to be carried out with such grant amounts and for which any variance from zoning laws or other waiver of regulatory requirements was approved by the local jurisdiction. Such reduction may be implemented in the year
following the year in which such activities are funded with Trust Fund grant amounts.
``(5) WAIVER FOR DISASTER AREAS.--In the case of any area that is subject to a declaration by the President of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121), the Secretary shall, for the fiscal year following such declaration, waive the requirement under paragraph (1) with respect to any eligible activities to be carried out in such area.
``(g) Competitive Grants for Indian Tribes.--For each fiscal year referred to in section 293(a), the Secretary shall, using amounts allocated for Indian tribes pursuant to subsection (a)(2)(B) or (c)(2), as applicable, and subject to subsection (f), make grants to Indian tribes on a competitive basis, based upon such criteria as the Secretary shall establish, which shall include the factors specified in section 295(c)(2)(B).
``(h) Use by State of Unused Funds of Local Jurisdictions.--If any participating local jurisdiction for which an allocation is made for a fiscal year pursuant to this section notifies the Secretary of an intent not to use all or part of such funds, any such funds that will not be used by the jurisdiction shall be added to the grant award under subsection (e) for the State in which such jurisdiction is located.
``(i) Competitive Grants for Areas Without Allocation Plans and Recipients With Insufficient Matching Contributions.--
``(1) AVAILABLE AMOUNTS.--For a fiscal year, the following amounts shall be available for grants under this subsection:
``(A) ALLOCATION FOR AREAS NOT SUBMITTING ALLOCATION PLANS.--With respect to each State, insular area, or participating local jurisdiction that has not, before the expiration of the 12-month period beginning upon the date of the publication of the notice of funding availability for such fiscal year under subsection (b)(4), submitted to and had approved by the Secretary an allocation plan for such fiscal year meeting the requirements of section 295, the amount of the allocation for such
State, insular area, or participating local jurisdiction for such fiscal year determined under this section.
``(B) UNMATCHED PORTION OF ALLOCATION.--With respect to any grantee for which the Trust Fund grant amount awarded for such fiscal year is reduced from the amount of the allocation determined under this section for the grantee by reason of failure comply with the requirements under subsection (f), the amount by which such allocation for the grantee for the fiscal year exceeds the Trust Fund grant amount for the grantee for the fiscal year.
``(C) UNCOMMITTED AMOUNTS.--Any Trust Fund grant amounts for a fiscal year that are not committed for use for eligible activities before the expiration of the 24-month period beginning upon the date of the publication of the notice of availability of amounts under subsection (b)(4) for such fiscal year.
``(D) UNUSED AMOUNTS.--Any Trust Fund grant amounts for which the grantee notifies the Secretary that such funds will not be used under this subtitle.
``(2) NOTICE.--For each fiscal year, not later than 60 days after the date that the Secretary determines that the amounts described in paragraph (1) shall be available for grants under this subsection, the Secretary shall cause to be published in the Federal Register a notice that such amounts shall be so available.
``(3) APPLICATIONS.--The Secretary shall provide for nonprofit and public entities (and consortia thereof, which may include regional consortia of units of local government) to submit applications, during the 9-month period beginning upon publication of a notice of funding availability under paragraph (2) for a fiscal year, for a grant of all or a portion of the amounts referred to in paragraph (1) for such fiscal year. Such an application shall include a certification that the applicant
will comply with all requirements of this subtitle applicable to a grantee under this subsection.
``(4) SELECTION CRITERIA.--The Secretary shall, by regulation, establish criteria for selecting applicants that meet the requirements of paragraph (3) for funding under this subsection. Such criteria shall give priority to applications that provide that grant amounts under this subsection will be used for eligible activities relating to affordable housing that is located in the State or insular area, as applicable, for which such grant funds were originally allocated under this section.
``(5) AWARD AND USE OF GRANT ASSISTANCE.--
``(A) AWARD.--Subject only to the absence of applications meeting the requirements of paragraph (3), upon the expiration of the period referred to in such paragraph, the Secretary shall select an applicant or applicants under this subsection to receive the amounts available under paragraph (1) and shall make a grant or grants to such applicant or applicants. The selection shall be based upon the criteria established under paragraph (4).
``(B) USE.--Amounts from a grant under this subsection shall be Trust Fund grant amounts for purposes of this subtitle.
``SEC. 295. ALLOCATION PLANS.
``(a) In General.--Each grantee that is a State, insular area, participating local jurisdiction, or grantee under section 294(i) for a fiscal year, shall establish an allocation plan in accordance with this section for the distribution of Trust Fund grant amounts provided to the grantee for such fiscal year, which shall be a plan that--
``(1) provides for use of such amounts in accordance with section 296;
``(2) is based on priority housing needs, including priority housing needs in rural areas, as determined by the grantee; and
``(3) is consistent with the comprehensive housing affordability strategy under section 105 (42 U.S.C. 12705) or any applicable consolidated submission used for purposes of applying for other community planning and development and housing assistance programs administered by the Secretary, for the applicable State, insular area, jurisdiction, or grantee under section 294(i).
``(b) Establishment.--In establishing an allocation plan, a grantee described in subsection (a) shall notify the public of the establishment of the plan, provide an opportunity for public comments regarding the plan, consider any public comments received, and make the completed plan available to the public.
``(c) Contents.--Each allocation plan of a grantee described in subsection (a) shall comply with the following requirements:
``(1) APPLICATION REQUIREMENTS FOR ELIGIBLE RECIPIENTS.--The allocation plan shall set forth the requirements for eligible recipients to apply to the grantee to receive assistance from Trust Fund grant amounts of the grantee for use for eligible activities, including a requirement that each such application include--
``(A) a description of the eligible activities to be conducted using such assistance;
``(B) a certification by the eligible recipient applying for such assistance that any housing assisted with such grant amounts will comply with--
``(i) all of the requirements under this subtitle, including the targeting requirements under section 296(c) and the affordable housing requirements under section 297;
``(ii) section 808(d) of the Fair Housing Act (relating to the obligation to affirmatively further fair housing); and
``(iii) section 504 of the Rehabilitation Act of 1973 (relating to prohibition of discrimination on the basis of disability); and
``(C) in the case of any recipient who has received assistance from Trust Fund grant amounts in any previous fiscal year, a report on the progress made in carrying out the eligible activities funded with such previous assistance.
``(2) SELECTION PROCESS AND CRITERIA FOR ASSISTANCE.--
``(A) SELECTION PROCESS.--The allocation plan shall set forth a process for the grantee to select eligible activities meeting the grantee's priority housing needs for funding with Trust Fund grant amounts of the grantee, which shall comply with requirements for such process as the Secretary shall, by regulation, establish.
``(B) SELECTION CRITERIA.--The allocation plan shall set forth the factors for consideration in selecting among applicants that meet the application requirements established pursuant to paragraph (1), which shall provide for geographic diversity among eligible activities to be assisted with Trust Fund grant amounts of the grantee and shall include--
``(i) the merits of the proposed eligible activity of the applicant, including the extent to which the activity addresses housing needs identified in the allocation plan of the grantee and the applicable comprehensive housing affordability strategy or consolidated submission referred to in subsection (a)(3);
``(ii) the experience of the applicant, including its principals, in carrying out projects similar to the proposed eligible activity;
``(iii) the ability of the applicant to obligate grant amounts for the proposed eligible activities and to undertake such activities in a timely manner;
``(iv) the extent of leveraging of funds by the applicant from private and other non-Federal sources for carrying out the eligible activities to be funded with Trust Fund grant amounts, including assistance made available under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) that is devoted to the project that contains the affordable housing to be assisted with such assistance;
``(v) the extent of local assistance that will be provided in carrying out the eligible activities, including financial assistance;
``(vi) the efficiency of total project fund use as measured by the cost per unit of the proposal, as adjusted by factors which shall include whether the funding with Trust Fund grant amounts is for new construction, rehabilitation, preservation, or homeownership assistance, whether the project involves supportive housing, differences in construction and rehabilitation costs in different areas of the grantee, and other appropriate adjustments;
``(vii) the degree to which the project in which the affordable housing will be located will have residents of various incomes;
``(viii) the extent of employment and other economic opportunities for low-income families in the area in which the housing will be located;
``(ix) the extent to which the applicant demonstrates the ability to maintain dwelling units as affordable housing through the use of assistance made available under this subtitle, assistance leveraged from non-Federal sources, assistance made available under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), State or local assistance, programs to increase tenant income, cross-subsidization, and any other resources;
``(x) the extent to which the applicant demonstrates that the county in which the housing is to be located is experiencing an extremely low vacancy rate;
``(xi) the extent to which the percentage of the housing located in such county that is extremely old housing exceeds 35 percent;
``(xii) the extent to which the housing assisted with the grant amounts will be accessible to persons with disabilities;
``(xiii) the extent to which the applicant demonstrates that the affordable housing assisted with the grant amounts will be located in proximity to public transportation, job opportunities, child care, and community revitalization projects;
``(xiv) the extent to which the applicant has provided that assistance from grant amounts will be used for eligible activities relating to housing located in census tracts in which the number of families having incomes less than the poverty line is less than 20 percent;
``(xv) the extent to which the housing assisted with grant amounts will comply with energy efficiency standards and the national Green Communities criteria checklist for residential construction that provides criteria for the design, development, and operation of affordable housing, as the Secretary shall by regulation provide; and
``(xvi) the extent to which the design, construction, and operation of the housing assisted with grant amounts reduces utility costs for residents and thereby reduces their total housing cost.
A grantee may allocate a portion of funds under this section for use by such grantee for eligible activities pursuant to the selection process under subparagraph (A).
``(3) USE FOR FIRST RESPONDERS AND TEACHERS.--To the extent that Trust Fund grant amounts of a grantee are made available for eligible activities involving one- to four-family owner-occupied housing, the grantee may give preference in the use of such grant amounts to eligible activities relating to affordable housing for first responders, public safety officers, teachers, and other public employees who have family incomes such that such use of the grant amounts complies with the requirements
under section 296(c).
``(4) PERFORMANCE GOALS, BENCHMARKS, AND TIMETABLES.--The allocation plan shall include performance goals, benchmarks, and timetables for the grantee for the conducting of eligible activities with Trust Fund grant amounts that comply with requirements and standards for such goals, benchmarks, and timetables as the Secretary shall, by regulation, establish.
``(d) Review and Approval by Secretary.--
``(1) SUBMISSION.--A grantee described in subsection (a) shall submit an allocation plan for the fiscal year for which the grant is made to the Secretary not later than the expiration of the 6-month period beginning upon the notice of funding availability under section 294(b)(4) for such fiscal year amounts.
``(2) REVIEW AND APPROVAL OR DISAPPROVAL.--The Secretary shall review and approve or disapprove an allocation plan not later than the expiration of the 3-month period beginning upon submission of the plan.
``(3) STANDARD FOR DISAPPROVAL.--The Secretary may disapprove an allocation plan only if the plan fails to comply with requirements of this section or section 296.
``(4) RESUBMISSION UPON DISAPPROVAL.--If the Secretary disapproves a plan, the grantee may submit to the Secretary a revised plan for review and approval or disapproval under this subsection.
``(5) TIMING FOR FISCAL YEAR 2009.--With respect only to fiscal year 2009, the Secretary may extend each of the periods referred to in paragraphs (1) and (2), and the period referred to in section 294(i)(1)(A), by not more than 6 months.
``SEC. 296. USE OF ASSISTANCE BY RECIPIENTS.
``(a) Distribution to Recipients; Use Requirements.--Each grantee shall distribute Trust Fund grant amounts of the grantee to eligible recipients for use in accordance with this section. Trust Fund grant amounts of a grantee may be used, or committed for use, only for eligible activities that--
``(1) are conducted in the jurisdiction of the grantee;
``(2) in the case of a grantee that is a State, insular area, participating local jurisdiction, or grantee under section 294(i), comply with the allocation plan of the grantee under section 295;
``(3) are selected for funding by the grantee in accordance with the process and criteria for such selection established pursuant to section 295(c)(2); and
``(4) comply with the targeting requirements under subsection (c) of this section and the affordable housing requirements under section 297.
``(b) Eligible Recipients.--Trust Fund grant amounts of a grantee may be provided only to an organization, agency, or other entity (including a for-profit entity, a nonprofit entity, a faith-based organization, a community development financial institution, a community development corporation, and a State or local housing trust fund) that--
``(1) demonstrates the experience, ability, and capacity (including financial capacity) to undertake, comply, and manage the eligible activity;
``(2) demonstrates its familiarity with the requirements of any other Federal, State or local housing program that will be used in conjunction with such grant amounts to ensure compliance with all applicable requirements and regulations of such programs; and
``(3) makes such assurances to the grantee as the Secretary shall, by regulation, require to ensure that the recipient will comply with the requirements of this subtitle during the entire period that begins upon selection of the recipient to receive such grant amounts and ending upon the conclusion of all eligible activities that are engaged in by the recipient and funded with such grant amounts.
``(c) Targeting Requirements.--The targeting requirements under this subsection are as follows:
``(1) REQUIREMENT OF USE OF ALL AMOUNTS FOR AFFORDABLE HOUSING FOR LOW-INCOME FAMILIES.--All Trust Fund grant amounts of a grantee shall be distributed for use only for eligible activities relating to affordable housing that are for the benefit only of families whose incomes do not exceed 80 percent of the greater of--
``(A) the median family income for the area in which the housing is located, as determined by the Secretary with adjustments for smaller and larger families; and
``(B) the median family income for the State or insular area in which the housing is located, as determined by the Secretary with adjustments for smaller and larger families.
``(2) USE OF 75 PERCENT FOR AFFORDABLE HOUSING FOR EXTREMELY LOW-INCOME FAMILIES.--Not less than 75 percent of the Trust Fund grant amounts of a grantee for each fiscal year shall be used only for eligible activities relating to affordable housing that are for the benefit only of families whose incomes do not exceed the higher of--
``(A) 30 percent of the median family income for the area in which the housing is located, as determined by the Secretary with adjustments for smaller and larger families; and
``(B) the poverty line (as such term is defined in section 673 of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902), including any revision required by such section) applicable to a family of the size involved.
``(3) USE OF 30 PERCENT FOR AFFORDABLE HOUSING FOR VERY POOR FAMILIES.--Not less than 30 percent of the Trust Fund grant amounts of a grantee for each fiscal year shall be used only for eligible activities relating to affordable housing that are for the benefit only of families whose incomes do not exceed the maximum amount of income that an individual or family could have, taking into consideration any income disregards, and remain eligible for benefits under the Supplemental Security
Income program under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.).
``(4) LIMITATION FOR YEARS IN WHICH LESS THAN $2 BILLION IS AVAILABLE.--If, for any fiscal year, the total amount available pursuant to section 293(a) for assistance under this subtitle is less than $2,000,000,000, in addition to the other requirements under this subsection, all such amounts shall be used only for eligible activities relating to affordable housing that are for the benefit only of families whose incomes do not exceed 50 percent of the median family income for the area
in which the housing is located, as determined by the Secretary with adjustments for smaller and larger families.
``(5) REVIEW OF TARGETING REQUIREMENTS.--The Secretary shall assess the need for, and the appropriateness of, the requirements under paragraphs (1) through (3) and shall submit a report to the Congress on the results of the assessment not later than October 1, 2010, and not later than the expiration of the 5-year period beginning upon such date and each successive 5-year period thereafter. In each such report, the Secretary shall identify and
make recommendations regarding the continuation or adjustment of the targeting requirements in paragraphs (1) through (3).
``(d) Use for Rural Areas.--Of the Trust Fund grant amounts for any fiscal year for any grantee that is a State or participating local jurisdiction that includes any rural areas, the State or participating local jurisdiction shall use a portion for eligible activities located in rural areas that is proportionate to the identified need for such activities in such rural areas.
``(e) Cost Limits.--The Secretary shall establish limitations on the amount of Trust Fund grant amounts that may be used, on a per unit basis, for eligible activities. Such limitations shall be the same as the per unit cost limits established pursuant to section 212(e) (42 U.S.C. 12742(e)), as adjusted annually, and established by number of bedrooms, market area, and eligible activity.
``(f) Forms of Assistance.--
``(1) IN GENERAL.--Assistance may be distributed pursuant to this section in the form of--
``(A) capital grants, noninterest-bearing or low-interest loans or advances, deferred payment loans, guarantees, and loan loss reserves;
``(B) in the case of assistance for ownership of one- to four-family owner-occupied housing, downpayment assistance, closing cost assistance, and assistance for interest rate buy-downs; and
``(C) any other forms of assistance approved by the Secretary.
``(2) REPAYMENTS.--If a grantee awards assistance under this section in the form of a loan or other mechanism by which funds are later repaid to the grantee, any repayments and returns received by the grantee shall be distributed by the grantee in accordance with the allocation plan under section 295 for the grantee for the fiscal year in which such repayments are made or returns are received.
``(g) Coordination With Other Assistance.--In distributing assistance pursuant to this section, each grantee shall, to the maximum extent practicable, coordinate such distribution with the provision of other Federal, State, tribal, and local housing assistance, including--
``(1) in the case of any State, housing credit dollar amounts allocated by the State under section 42(h) of the Internal Revenue Code of 1986;
``(2) assistance made available under subtitles A through F (42 U.S.C. 12721 et seq.) or the community development block grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.);
``(3) private activity bonds;
``(4) assistance made available under section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g);
``(5) assistance made available under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o));
``(6) assistance made available under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.);
``(7) assistance made available under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111);
``(8) assistance made available from any State or local housing trust fund established to provide or assist in making available affordable housing; and
``(9) any other housing assistance programs.
``(h) Prohibited Uses.--The Secretary shall--
``(1) by regulation, set forth prohibited uses of grant amounts under this subtitle, which shall include use for--
``(A) political activities;
``(B) advocacy;
``(C) lobbying, whether directly or through other parties;
``(D) counseling services;
``(E) travel expenses; and
``(F) preparing or providing advice on tax returns;
``(2) by regulation, provide that, except as provided in paragraph (3), grant amounts under this subtitle may not be used for administrative, outreach, or other costs of--
``(A) a grantee; or
``(B) any recipient of such grant amounts; and
``(3) by regulation, limit the amount of any Trust Fund grant amounts for a fiscal year that may be used for administrative costs of the grantee of carrying out the program required under this subtitle to a percentage of such grant amounts of the grantee for such fiscal year, which may not exceed 10 percent.
``(i) Labor Standards.--Each grantee receiving Trust Fund grant amounts shall ensure that contracts for eligible activities assisted with such amounts comply with the same requirements under section 286 (42 U.S.C. 12836) that are applicable to contracts for construction of affordable housing assisted under subtitles A and D.
``(j) Compliance With Other Federal Laws.--All amounts from the Trust Fund shall be allocated in accordance with, and any eligible activities carried out in whole or in part with grant amounts under this subtitle (including housing provided with such grant amounts) shall comply with and be operated in compliance with, other applicable provisions of Federal law, including--
``(1) laws relating to tenant protections and tenant rights to participate in decision making regarding their residences;
``(2) laws requiring public participation, including laws relating to Consolidated Plans, Qualified Allocation Plans, and Public Housing Agency Plans; and
``(3) fair housing laws and laws regarding accessibility in federally assisted housing, including section 504 of the Rehabilitation Act of 1973.
``SEC. 297. AFFORDABLE HOUSING.
``(a) Rental Housing.--A rental dwelling unit (which may include a dwelling unit in limited equity cooperative housing, as such term is defined in section 143(k) of the Internal Revenue Code of 1986 (26 U.S.C. 143(k)) or in housing of a cooperative housing corporation, as such term is defined in section 216(b) of the Internal Revenue Code of 1986 (26 U.S.A. 216(b))), shall be considered affordable housing for purposes of this subtitle only if the dwelling unit is subject to legally
binding commitments that ensure that the dwelling unit meets all of the following requirements:
``(1) RENTS.--The dwelling unit bears a rent not greater than the lesser of--
``(A) the existing fair market rental established by the Secretary under section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)) for a dwelling unit of the same size in the same market area, or the applicable payment standard for assistance under section 8(o) of such Act, if higher; and
``(B) a rent that does not exceed 30 percent of the adjusted income of a family whose income equals 65 percent of the median income for the area, as determined by the Secretary, with adjustment for number of bedrooms in the unit, except that the Secretary may establish income ceilings higher or lower than 65 percent of the median for the area on the basis of the findings of the Secretary that such variations are necessary because of prevailing levels of construction costs or fair market rents,
or unusually high or low family incomes.
``(2) TENANT RENT CONTRIBUTION.--The contribution toward rent by the family residing in the dwelling unit will not exceed 30 percent of the adjusted income of such family.
``(3) NON-DISCRIMINATION AGAINST VOUCHER HOLDERS.--The dwelling unit is located in a project in which all dwelling units are subject to enforceable restrictions that provide that a unit may not be refused for leasing to a holder of a voucher of eligibility under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) because of the status of the prospective tenant as a holder of such voucher.
``(4) MIXED INCOME.--
``(A) IN GENERAL.--The dwelling unit is located in a project--
``(i) that receives assistance under this subtitle; and
``(ii) for which not more than 50 percent of the rental units in the project that are not previously occupied may be rented initially only to families with incomes described in section 296(c)(2), as determined at a reasonable time before occupancy.
``(B) REHABILITATION.--In the case of a dwelling unit in a project for which Trust Fund grant amounts are used for the rehabilitation of the project, the dwelling unit is located in a project in which the percentage of units being rented upon completion of the rehabilitation to families with incomes described in section 296(c)(2) may not exceed the higher of 50 percent or the percentage of such families occupying the project at the time funds are awarded for such project.
``(C) EXCEPTIONS.--Subparagraph (A) shall not apply in the case of a project that--
``(i) has 25 or fewer dwelling units and that is--
``(I) located in a census tract in which the number of families having incomes less than the poverty line is less than 20 percent;
``(II) located in a rural area, as such term is defined in section 520 of the Housing Act of 1949 (42 U.S.C. 1490); or
``(III) specifically made available only for households comprised of disabled families; or
``(ii) is specifically made available only for households comprised of elderly families.
``(5) VISITABILITY.--To the extent the dwelling unit is not required under Federal law to comply with standards relating to accessibility to persons with disabilities, the dwelling unit complies with such basic visitability standards as the Secretary shall by regulation provide.
``(6) DURATION OF USE.--The dwelling unit will continue to be subject to all requirements under this subsection for not less than 50 years.
``(b) Owner-Occupied Housing.--For purposes of any eligible activity involving one- to four-family owner-occupied housing (which may include housing of a cooperative housing corporation, as such term is defined in section 216(b) of the Internal Revenue Code of 1986 (26 U.S.C. 216(b))), such a residence shall be considered affordable housing for purposes of this subtitle only if--
``(1) in the case of housing to be made available for purchase--
``(A) the housing is available for purchase only for use as a principal residence by families that qualify as first-time homebuyers, as such term is defined in section 104 (42 U.S.C. 12704), except that any reference in such section to assistance under title II of this Act shall for purposes of this section be considered to refer to assistance from Trust Fund grant amounts;
``(B) the housing has an initial purchase price that meets the requirements of section 215(b)(1); and
``(C) the housing is subject to the same resale restrictions established under section 215(b)(3) and applicable to the participating jurisdiction that is the State in which such housing is located; and
``(2) the housing is made available for purchase only by, or in the case of assistance to a homebuyer pursuant to this subsection, the assistance is made available only to, homebuyers who have, before purchase, completed a program of counseling with respect to the responsibilities and financial management involved in homeownership that is approved by the Secretary and includes counseling regarding financial literacy, strategies to save money, qualifying for a mortgage loan, methods to avoid
predatory lenders and foreclosure, and, where appropriate by region, any requirements and costs associated with obtaining flood or other disaster-specific insurance coverage; except that the Secretary may, at the request of a State, waive the requirements of this paragraph with respect to a geographic area or areas within the State if--
``(A) the travel time or distance involved in providing counseling with respect to such area or areas, as otherwise required under this paragraph, on an in-person basis is excessive or the cost of such travel is prohibitive; and
``(B) the State provides alternative forms of counseling for such area or areas, which may include interactive telephone counseling, on-line counseling, interactive video counseling, and interactive home study counseling and a program of financial literacy and education to promote an understanding of consumer, economic, and personal finance issues and concepts, including saving for retirement, managing credit, long-term care, and estate planning and education on predatory lending, identity theft,
and financial abuse schemes relating to homeownership that is approved by the Secretary, except that entities providing such counseling shall not discriminate against any particular form of housing.
``(c) Priority for Families on Section 8 or Public Housing Waiting List for 12 Months or Longer.--A dwelling unit in rental housing or owner-occupied housing shall be considered affordable housing for purposes of this subtitle only if the dwelling unit is subject to such requirements, as the Secretary shall provide, to ensure that priority for occupancy in or, in the case of owner-occupied housing, purchase of, the dwelling unit is provided to families who are eligible for rental assistance
under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) or occupancy in public housing assisted under such Act, and have applied to a public housing agency for such assistance or occupancy, as applicable, and been on a waiting list of a public housing agency for such assistance or occupancy, as applicable, for at least 12 consecutive months.
``SEC. 298. OTHER PROVISIONS.
``(a) Effect of Assistance Under Program.--Notwithstanding any other provision of law, the provision of assistance under this subtitle for a project shall not reduce the amount of assistance for which such project is otherwise eligible under subtitles A through F of this title, if the project does not exceed the cost limits established pursuant to section 296(e).
``(b) Accountability of Grantees and Recipients.--
``(1) RECIPIENTS.--
``(A) TRACKING OF FUNDS.--The Secretary shall--
``(i) require each grantee to develop and maintain a system to ensure that each recipient of assistance from Trust Fund grant amounts of the grantee uses such amounts in accordance with this subtitle, the regulations issued under this subtitle, and any requirements or conditions under which such amounts were provided; and
``(ii) establish minimum requirements for agreements, between the grantee and recipients, regarding assistance from the Trust Fund grant amounts of the grantee, which shall include--
``(I) appropriate continuing financial and project reporting, record retention, and audit requirements for the duration of the grant to the recipient to ensure compliance with the limitations and requirements of this subtitle and the regulations under this subtitle; and
``(II) any other requirements that the Secretary determines are necessary to ensure appropriate grant administration and compliance.
``(B) MISUSE OF FUNDS.--
``(i) REIMBURSEMENT REQUIREMENT.--If any recipient of assistance from Trust Fund grant amounts of a grantee is determined, in accordance with clause (ii), to have used any such amounts in a manner that is materially in violation of this subtitle, the regulations issued under this subtitle, or any requirements or conditions under which such amounts were provided--
``(I) such recipient shall be ineligible for any further assistance from any Trust Fund grant amounts of any grantee during the period that begins upon such determination and ends upon reinstatement by the Secretary of the eligibility of recipient for such assistance, except that the Secretary may reinstate such an ineligible recipient only pursuant to application by the recipient for such reinstatement and the recipient may not apply to the Secretary for such reinstatement during the 12-month
period, or the 10-year period in the case of a second or subsequent such determination, beginning upon such determination; and
``(II) the grantee shall require that, within 12 months after the determination of such misuse, the recipient shall reimburse the grantee for such misused amounts and return to the grantee any amounts from the Trust Fund grant amounts of the grantee that remain unused or uncommitted for use.
The remedies under this clause are in addition to any other remedies that may be available under law.
``(ii) DETERMINATION.--A determination is made in accordance with this clause if the determination is--
``(I) made by the Secretary; or
``(II)(aa) made by the grantee;
``(bb) the grantee provides notification of the determination to the Secretary for review, in the discretion of the Secretary, of the determination; and
``(cc) the Secretary does not subsequently reverse the determination.
``(2) GRANTEES.--
``(A) REPORT.--
``(i) IN GENERAL.--The Secretary shall require each grantee receiving Trust Fund grant amounts for a fiscal year to submit a report, for such fiscal year, to the Secretary that--
``(I) describes the activities funded under this subtitle during such year with the Trust Fund grant amounts of the grantee;
``(II) describes the manner in which the grantee complied during such fiscal year with the allocation plan established pursuant to section 295 for the grantee; and
``(III) certifies the number of total dwelling units of affordable housing that were constructed, preserved, or rehabilitated during such fiscal year with assistance from Trust Funds grant amounts of the grantee comply with widely accepted standards for green building.
``(ii) PUBLIC AVAILABILITY.--The Secretary shall make such reports pursuant to this subparagraph publicly available.
``(B) MISUSE OF FUNDS.--If the Secretary determines, after reasonable notice and opportunity for hearing, that a grantee has failed to comply substantially with any provision of this subtitle and until the Secretary is satisfied that there is no longer any such failure to comply, the Secretary shall--
``(i) reduce the amount of assistance under this section to the grantee by an amount equal to the amount of Trust Fund grant amounts which were not used in accordance with this subtitle;
``(ii) require the grantee to repay the Secretary an amount equal to the amount of the Trust Fund grant amounts which were not used in accordance with this subtitle;
``(iii) limit the availability of assistance under this subtitle to the grantee to activities or recipients not affected by such failure to comply; or
``(iv) terminate any assistance under this subtitle to the grantee.
``(c) Green Housing Clearinghouse.--
``(1) ESTABLISHMENT.--The Secretary shall establish a clearinghouse of information relating to green building techniques to provide grantees and recipients of Trust Fund amounts information regarding use of Trust Fund grant amounts in a manner that increases the efficiency of buildings and their use of energy, water, and materials, and reducing building impacts on human health and the environment, through better siting, design, construction, operation, maintenance, and removal, including
information regarding best practices and technical recommendations.
``(2) ACCESS THROUGH INTERNET.--The Secretary shall make the information of the clearinghouse available by means of the Internet.
``SEC. 299. DEFINITIONS.
``For purposes of this subtitle, the following definitions shall apply:
``(1) ELIGIBLE ACTIVITIES.--The term `eligible activities' means activities relating to the construction, preservation, or rehabilitation of affordable rental housing or affordable one- to four-family owner-occupied housing, including--
``(A) the construction of new housing;
``(B) the acquisition of real property;
``(C) site preparation and improvement, including demolition;
``(D) rehabilitation of existing housing;
``(E) use of funds to facilitate affordability for homeless and other extremely low-income households of dwelling units assisted with Trust Fund grant amounts, in a combined amount not to exceed 20 percent of the project grant amount, for--
``(i) project-based rental assistance for not more than 12 months for a project assisted with Trust Fund grant amounts;
``(ii) project operating reserves for use to cover the loss of rental assistance or in conjunction with a project loan; or
``(iii) project operating accounts used to cover net operating income shortfalls for dwelling units assisted with Trust Fund grant amounts;
``(F) use of funds to facilitate affordability for families having incomes described in section 296(c)(3), in a combined amount for a grantee in any fiscal year not to exceed 10 percent of the aggregate Trust Fund grant amounts provided to the grantee for such fiscal year, for project operating accounts used to cover net operating income shortfalls for dwelling units assisted with Trust Fund grant amounts;
``(G) providing incentives to maintain existing housing (including manufactured housing) as affordable housing and to establish or extend any low-income affordability restrictions for such housing, including covering capital expenditures and costs of establishing community land trusts to provide sites for manufactured housing provided such incentives; and
``(H) in the case of affordable one- to four-family owner-occupied housing, downpayment assistance, closing cost assistance, and assistance for interest rate buy-downs.
``(2) ELIGIBLE RECIPIENT.--The term `eligible recipient' means an entity that meets the requirements under section 296(b) for receipt of Trust Fund grant amounts of a grantee.
``(3) EXTREMELY LOW VACANCY RATE.--The term `extremely low vacancy rate' means a housing or rental vacancy rate of 2 percent or less.
``(4) EXTREMELY OLD HOUSING.--The term `extremely old housing' means housing that is 45 years old or older.
``(5) 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)).
``(6) FISCAL DISTRESS; SEVERE FISCAL DISTRESS.--The terms `fiscal distress' and `severe fiscal distress' have the meanings given such terms in section 220(d).
``(7) GRANTEE.--The term `grantee' means--
``(A) a State, insular area, or participating local jurisdiction for which a grant is made under section 294(e);
``(B) an Indian tribe for which a grant is made under section 294(g); or
``(C) a nonprofit or public entity for which a grant is made under section 294(i).
``(8) INDIAN TRIBE.--The term `Indian tribe' means a federally recognized Indian tribe.
``(9) INSULAR AREA.--The term `insular area' has the meaning given such term in section 104.
``(10) PARTICIPATING LOCAL JURISDICTION.--The term `participating local jurisdiction' means, with respect to a fiscal year--
``(A) any unit of general local government (as such term is defined in section 104 (42 U.S.C. 12704) that qualifies as a participating jurisdiction under section 216 (42 U.S.C. 12746) for such fiscal year; and
``(B) at the option of such a consortium, any consortium of units of general local governments that is designated pursuant to section 216 (42 U.S.C. 12746) as a participating jurisdiction for purposes of title II.
``(11) POVERTY LINE.--The term `poverty line' has the meaning given such term in section 673(2) of the Omnibus Budget Reconciliation Act of 1981, including any revision required by such section.
``(12) RECIPIENT.--The term `recipient' means an entity that receives assistance from a grantee, pursuant to section 296(a), from Trust Fund grant amounts of the grantee.
``(13) RURAL AREA.--The term `rural area' has the meaning given such term in section 520 of the Housing Act of 1949 (42 U.S.C. 1490).
``(14) SECRETARY.--The term `Secretary' means the Secretary of Housing and Urban Development.
``(15) STATE.--The term `State' has the meaning given such term in section 104.
``(16) TRUST FUND.--The term `Trust Fund' means the National Affordable Housing Trust Fund established under section 292.
``(17) TRUST FUND GRANT AMOUNTS.--The term `Trust Fund grant amounts' means amounts from the Trust Fund that are provided to a grantee pursuant to subsection (e), (g), or (i) of section 294.
``SEC. 299A. INAPPLICABILITY OF HOME PROVISIONS.
``Except as specifically provided otherwise in this subtitle, no requirement under, or provision of, title I or subtitles A through F of this title shall apply to assistance provided under this subtitle.
``SEC. 299B. REGULATIONS.
``Not later than 6 months after the date of enactment of the National Affordable Housing Trust Fund Act of 2008, the Secretary of Housing and Urban Development shall promulgate regulations to carry out this subtitle, which shall include regulations establishing the affordable housing needs formula in accordance with section 294(a).
``SEC. 299C. BENEFITS.
``Nothing in this subtitle allows any payments under this subtitle for any individual or head of household that is not a legal resident.''.
(b) Conforming Amendment.--Section 201 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701 note) is amended by striking ``This title'' and inserting ``Subtitles A through F of this title''.
(As printed in the Congressional Record for the Senate on Apr 3, 2008.)
of renewable energy and energy conservation; which was ordered to lie on the table; as follows:
At the end, insert the following:
TITLE VIII--NATIONAL AFFORDABLE HOUSING TRUST FUND
SEC. 801. SHORT TITLE.
This title may be cited as the ``National Affordable Housing Trust Fund Act of 2008''.
SEC. 802. NATIONAL AFFORDABLE HOUSING TRUST FUND.
(a) In General.--Title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12721 et seq.) is amended by adding at the end the following new subtitle:
``Subtitle G--National Affordable Housing Trust Fund
``SEC. 291. PURPOSES.
``The purposes of this subtitle are--
``(1) to address the national shortage of housing that is affordable to low-income families by creating a permanently appropriated fund, with dedicated sources of funding, to finance additional housing activities, without supplanting existing housing appropriations or existing State and local funding for affordable housing;
``(2) to enable rental housing to be built, for families with the greatest economic need, in mixed-income settings and in areas with the greatest economic opportunities;
``(3) to promote ownership of one-to-four family owner-occupied housing by low-income families; and
``(4) to construct, rehabilitate, and preserve at least 1,500,000 affordable dwelling units over the next decade.
``SEC. 292. TRUST FUND.
``(a) Establishment.--There is established in the Treasury of the United States a trust fund to be known as the National Affordable Housing Trust Fund.
``(b) Deposits to Trust Fund.--There shall be authorized to be appropriated to the Trust Fund such sums as necessary to carry out this subtitle for fiscal years 2009 and 2010.
``(c) Expenditures From Trust Fund.--Amounts in the Trust Fund shall be available to the Secretary of Housing and Urban Development, and are hereby appropriated, for providing assistance under this subtitle.
``(d) Federal Assistance.--All assistance provided using amounts in the Trust Fund shall be considered to be Federal financial assistance.
``SEC. 293. ALLOCATIONS FOR STATES, INDIAN TRIBES, INSULAR AREAS, AND PARTICIPATING LOCAL JURISDICTIONS.
``(a) Determination of Amount Available for Fiscal Year.--For fiscal year 2009 and for each fiscal year thereafter, the Secretary shall determine the total amount available from the Trust Fund pursuant to section 292(c) for assistance under this subtitle and shall use such amount to provide such assistance for such fiscal year.
``(b) Allocation.--For each such fiscal year, of such total amount available from the Trust Fund, the Secretary shall allocate for use under section 294--
``(1) 40 percent for States, Indian tribes, and insular areas; and
``(2) 60 percent for participating local jurisdictions.
``SEC. 294. ASSISTANCE FROM TRUST FUND.
``(a) Affordable Housing Needs Formula.--
``(1) ESTABLISHMENT AND FACTORS.--The Secretary shall establish a formula to allocate amounts made available for a fiscal year for assistance under this subtitle among States, all Indian tribes, insular areas, and participating local jurisdictions based on the relative needs of such entities, for funds to increase the supply of decent quality affordable housing. The formula shall be based upon a comparison of the following factors with respect
to each State, Indian tribes, each insular area, and each participating local jurisdiction:
``(A) The ratio of the population of the State, Indian tribes, insular area, or participating jurisdiction, to the aggregate population of all States, Indian tribes, insular areas, and participating jurisdictions.
``(B) The percentage of families in the jurisdiction of the State, of Indian tribes, or of the insular area or participating jurisdiction that live in substandard housing.
``(C) The percentage of families in the jurisdiction of the State, of Indian tribes, or of the insular area or participating jurisdiction that pay more than 50 percent of their annual income for housing costs.
``(D) The percentage of persons in the jurisdiction of the State, of Indian tribes, or of the insular area or participating jurisdiction having an income at or below the poverty line.
``(E) The cost of constructing or carrying out rehabilitation of housing in the jurisdiction of the State, of Indian tribes, or of the insular area or participating jurisdiction.
``(F) The percentage of the population of the State, of Indian tribes, or of the insular area or participating jurisdiction that resides in counties having extremely low vacancy rates.
``(G) The percentage of housing stock in the jurisdiction of the State, of Indian tribes, or of the insular area or participating jurisdiction that is extremely old housing.
``(H) For the jurisdiction of a State, of Indian tribes, or of an insular area or participating jurisdiction that has an extremely low percentage of affordable rental housing, the extent to which the State, Indian tribes, or the insular area or participating jurisdiction has in the preceding fiscal year increased the percentage of rental housing within its jurisdiction that is affordable housing.
``(I) The relationship between the median family income for the area, as determined by the Secretary, and fair market rent.
``(J) Any other factors that the Secretary determines to be appropriate.
``(2) FAILURE TO ESTABLISH.--If, in any fiscal year referred to in section 293(a), the regulations establishing the formula required under paragraph (1) of this subsection have not been issued by the date that the Secretary determines the total amount available from the Trust Fund for assistance under this subtitle for such fiscal year pursuant to section 292(c), or there has been enacted before such date a joint resolution expressly disapproving the use of the formula required under
paragraph (1) and submitted to the Congress pursuant to paragraph (3), for purposes of such fiscal year--
``(A) section 293(b), paragraphs (2) and (3) of subsection (b) of this section, and subsection (c) of this section shall not apply;
``(B) the allocation for Indian tribes shall be such amount as the Secretary shall establish; and
``(C) the formula amount for each State, insular area, or participating local jurisdiction shall be determined by applying, for such State, insular area, or participating local jurisdiction, the percentage that is equal to the percentage of the total amounts made available for such fiscal year for allocation under subtitle A of this title (42 U.S.C. 12741 et seq.) that are allocated in such year, pursuant to such subtitle, to such State, insular area, or participating local jurisdiction, respectively,
and the allocation for each State, insular area, or participating jurisdiction, for purposes of subsection (e) shall, except as provided in subsection (d), be the formula amount for the State, insular area, or participating jurisdiction, respectively.
``(3) SUBMISSION TO CONGRESS.--Notwithstanding any other provision of this subtitle, any formula established by the Secretary pursuant to this subsection shall be submitted to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate not less than 120 days before application of the formula for purposes of determining formula amounts under subsection (b) for a fiscal year. Such submission shall be accompanied
by a detailed explanation of the factors under the formula and anticipated effects of the formula.
``(b) Formula Amount.--
``(1) IN GENERAL.--For each fiscal year referred to in section 293(a), the Secretary shall determine the formula amount under this subsection for each State, for Indian tribes, for each insular area, and for each participating local jurisdiction.
``(2) STATES, INDIAN TRIBES, AND INSULAR AREAS.--The formula amount for each State, for Indian tribes, and for each insular area shall be the amount determined for such State, for Indian tribes, or for such insular area by applying the formula under subsection (a) of this section to the total amount allocated under section 293(b)(1) for all States, Indian tribes, and insular areas for the fiscal year.
``(3) PARTICIPATING LOCAL JURISDICTIONS.--The formula amount for each participating local jurisdiction shall be the amount determined for such participating local jurisdiction by applying the formula under subsection (a) of this section to the total amount allocated under section 293(b)(2) for all participating local jurisdictions for the fiscal year.
``(4) NOTICE.--For each fiscal year referred to in section 293(a), not later than 60 days after the date that the Secretary determines the total amount available from the Trust Fund for such fiscal year pursuant to section 292(c) for assistance under this subtitle, the Secretary shall cause to be published in the Federal Register a notice that such amounts shall be so available.
``(c) Allocation Based on Affordable Housing Needs Formula.--The allocation under this subsection for a State, for Indian tribes, for an insular area, or for a local participating jurisdiction for a fiscal year shall be determined as follows:
``(1) STATES.--Subject to subsection (d), the allocation for a State shall be as follows:
``(A) MINIMUM AMOUNT.--If the formula amount determined under subsection (b)(2) for the State for the fiscal year is less than 1 percent of the total amount allocated for such fiscal year under section 293(b)(1), the allocation for the State shall be 1 percent of the total amount allocated for such fiscal year under section 293(b)(1).
``(B) FORMULA AMOUNT.--If the formula amount determined under subsection (b)(2) for the State for the fiscal year is 0.5 percent or more of the total amount allocated for such fiscal year under section 293(b)(1), the allocation for the State shall be the formula amount for the State, except that--
``(i) the Secretary shall reduce such formula amounts for all States whose allocations are determined under this subparagraph on a pro rata basis, except as provided in clause (ii), by the amount necessary to account for any increases from the formula amount for allocations made under subparagraph (A), so that the total of the allocations for all States pursuant to this paragraph is equal to the aggregate of the formula amounts under subsection (b)(2) for all States; and
``(ii) no reduction pursuant to clause (i) for any State may reduce the formula amount for the State to less than 0.5 percent of such total amount allocated for such fiscal year.
``(2) INDIAN TRIBES AND INSULAR AREAS.--The allocation for Indian tribes and for each insular area shall be the formula amount for Indian tribes or for the insular area, respectively, determined under subsection (b), as applicable.
``(3) PARTICIPATING LOCAL JURISDICTIONS.--Subject to subsection (d), the allocation for each participating local jurisdiction shall be the formula amount for the jurisdiction determined under subsection (b).
``(d) Allocation Exception for Years in Which Less Than $2 Billion Is Available.--If, for any fiscal year, the total amount available pursuant to section 293(a) for assistance under this subtitle is less than $2,000,000,000--
``(1) for each participating local jurisdiction having a formula amount for such fiscal year of less than $750,000, the allocation shall be $0, except that the allocation for such a jurisdiction for such fiscal year shall be the formula amount for the jurisdiction for such fiscal year if--
``(A) the Secretary finds that the jurisdiction has demonstrated a capacity to carry out provisions of this subtitle and the State in which such jurisdiction is located has authorized the Secretary to transfer to the jurisdiction a portion of the State's allocation that is equal to or greater than the difference between the jurisdiction's formula amount and $750,000, or the State or jurisdiction has made available such an amount from the State's or jurisdiction's own sources available for use
by the jurisdiction in accordance with this subtitle; or
``(B) the formula amount for such jurisdiction for such fiscal year is an amount that is greater than the formula amount for such fiscal year for any other participating local jurisdiction that is located in the same State; and
``(2) in the case of any jurisdiction whose allocation is $0 by operation of paragraph (1), the allocation for the State in which such participating local jurisdiction is located shall be increased by the amount of the formula amount for the participating local jurisdiction.
Any adjustments pursuant to paragraphs (1) and (2) shall be made notwithstanding the allocation percentages under section 293(b).
``(e) Grant Awards.--For each fiscal year referred to in section 293(a), using the amounts made available to the Secretary from the Trust Fund for such fiscal year under section 292(c), the Secretary shall, subject to subsection (f), make a grant to each State, insular area, and participating local jurisdiction in the amount of the allocation under subsection (a)(2), (c), or (d), as applicable, for the State, area, or jurisdiction, respectively.
``(f) Matching Requirement.--
``(1) IN GENERAL.--Each grantee for a fiscal year shall contribute to eligible activities funded with Trust Fund grant amounts, or require the contribution to such eligible activities by recipients of such Trust Fund grant amounts of, in addition to any such grant amounts, not less than the following amount:
``(A) STATE, LOCAL, OR PRIVATE RESOURCES.--To the extent that such contributed amounts are derived from State, local, or private resources, 12.5 percent of such grant amounts.
``(B) FEDERAL AMOUNTS.--To the extent that such contributed amounts are derived from State- or locally-controlled amounts from Federal assistance, or from amounts made available under the affordable housing program of a Federal Home Loan Bank pursuant to section 10(j) of the Federal Home Loan Bank Act (12 U.S.C. 1430(j)), 25 percent of such grant amounts.
Nothing in this paragraph may be construed to prevent a grantee or recipient from complying with this paragraph only by contributions in accordance with subparagraph (A), only by contributions in accordance with subparagraph (B), or by a combination of such contributions.
``(2) REDUCTION OR WAIVER FOR RECIPIENTS IN FISCAL DISTRESS.--The Secretary may reduce or waive the requirement under paragraph (1) with respect to any grantee that the Secretary determines, pursuant to such demonstration by the recipient as the Secretary shall require, is in fiscal distress. The Secretary shall make determinations regarding fiscal distress for purposes of this paragraph in the same manner, and according to the same criteria, as fiscal distress is determined with respect
to jurisdictions under section 220(d) (42 U.S.C. 12750(d)).
``(3) QUALIFICATION OF SERVICES FUNDING FOR MATCH.--For purposes of meeting the requirements of paragraph (1), amounts that a grantee, recipient, or other governmental or private agency or entity commits to contribute to provide services to residents of affordable housing provided using grant amounts under this subtitle, by entering into a binding commitment for such contribution as the Secretary shall require, shall be considered contributions to eligible activities. Amounts to be considered
eligible contributions under this paragraph shall not exceed 33 percent of the total cost of the eligible activity.
``(4) REDUCTION OR WAIVER FOR CERTAIN ACTIVITIES.--With respect to Trust Fund grant amounts made available for a fiscal year, the Secretary shall reduce or waive the amount of contributions otherwise required under paragraph (1) to be made with respect to eligible activities to be carried out with such grant amounts and for which any variance from zoning laws or other waiver of regulatory requirements was approved by the local jurisdiction. Such reduction may be implemented in the year
following the year in which such activities are funded with Trust Fund grant amounts.
``(5) WAIVER FOR DISASTER AREAS.--In the case of any area that is subject to a declaration by the President of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121), the Secretary shall, for the fiscal year following such declaration, waive the requirement under paragraph (1) with respect to any eligible activities to be carried out in such area.
``(g) Competitive Grants for Indian Tribes.--For each fiscal year referred to in section 293(a), the Secretary shall, using amounts allocated for Indian tribes pursuant to subsection (a)(2)(B) or (c)(2), as applicable, and subject to subsection (f), make grants to Indian tribes on a competitive basis, based upon such criteria as the Secretary shall establish, which shall include the factors specified in section 295(c)(2)(B).
``(h) Use by State of Unused Funds of Local Jurisdictions.--If any participating local jurisdiction for which an allocation is made for a fiscal year pursuant to this section notifies the Secretary of an intent not to use all or part of such funds, any such funds that will not be used by the jurisdiction shall be added to the grant award under subsection (e) for the State in which such jurisdiction is located.
``(i) Competitive Grants for Areas Without Allocation Plans and Recipients With Insufficient Matching Contributions.--
``(1) AVAILABLE AMOUNTS.--For a fiscal year, the following amounts shall be available for grants under this subsection:
``(A) ALLOCATION FOR AREAS NOT SUBMITTING ALLOCATION PLANS.--With respect to each State, insular area, or participating local jurisdiction that has not, before the expiration of the 12-month period beginning upon the date of the publication of the notice of funding availability for such fiscal year under subsection (b)(4), submitted to and had approved by the Secretary an allocation plan for such fiscal year meeting the requirements of section 295, the amount of the allocation for such
State, insular area, or participating local jurisdiction for such fiscal year determined under this section.
``(B) UNMATCHED PORTION OF ALLOCATION.--With respect to any grantee for which the Trust Fund grant amount awarded for such fiscal year is reduced from the amount of the allocation determined under this section for the grantee by reason of failure comply with the requirements under subsection (f), the amount by which such allocation for the grantee for the fiscal year exceeds the Trust Fund grant amount for the grantee for the fiscal year.
``(C) UNCOMMITTED AMOUNTS.--Any Trust Fund grant amounts for a fiscal year that are not committed for use for eligible activities before the expiration of the 24-month period beginning upon the date of the publication of the notice of availability of amounts under subsection (b)(4) for such fiscal year.
``(D) UNUSED AMOUNTS.--Any Trust Fund grant amounts for which the grantee notifies the Secretary that such funds will not be used under this subtitle.
``(2) NOTICE.--For each fiscal year, not later than 60 days after the date that the Secretary determines that the amounts described in paragraph (1) shall be available for grants under this subsection, the Secretary shall cause to be published in the Federal Register a notice that such amounts shall be so available.
``(3) APPLICATIONS.--The Secretary shall provide for nonprofit and public entities (and consortia thereof, which may include regional consortia of units of local government) to submit applications, during the 9-month period beginning upon publication of a notice of funding availability under paragraph (2) for a fiscal year, for a grant of all or a portion of the amounts referred to in paragraph (1) for such fiscal year. Such an application shall include a certification that the applicant
will comply with all requirements of this subtitle applicable to a grantee under this subsection.
``(4) SELECTION CRITERIA.--The Secretary shall, by regulation, establish criteria for selecting applicants that meet the requirements of paragraph (3) for funding under this subsection. Such criteria shall give priority to applications that provide that grant amounts under this subsection will be used for eligible activities relating to affordable housing that is located in the State or insular area, as applicable, for which such grant funds were originally allocated under this section.
``(5) AWARD AND USE OF GRANT ASSISTANCE.--
``(A) AWARD.--Subject only to the absence of applications meeting the requirements of paragraph (3), upon the expiration of the period referred to in such paragraph, the Secretary shall select an applicant or applicants under this subsection to receive the amounts available under paragraph (1) and shall make a grant or grants to such applicant or applicants. The selection shall be based upon the criteria established under paragraph (4).
``(B) USE.--Amounts from a grant under this subsection shall be Trust Fund grant amounts for purposes of this subtitle.
``SEC. 295. ALLOCATION PLANS.
``(a) In General.--Each grantee that is a State, insular area, participating local jurisdiction, or grantee under section 294(i) for a fiscal year, shall establish an allocation plan in accordance with this section for the distribution of Trust Fund grant amounts provided to the grantee for such fiscal year, which shall be a plan that--
``(1) provides for use of such amounts in accordance with section 296;
``(2) is based on priority housing needs, including priority housing needs in rural areas, as determined by the grantee; and
``(3) is consistent with the comprehensive housing affordability strategy under section 105 (42 U.S.C. 12705) or any applicable consolidated submission used for purposes of applying for other community planning and development and housing assistance programs administered by the Secretary, for the applicable State, insular area, jurisdiction, or grantee under section 294(i).
``(b) Establishment.--In establishing an allocation plan, a grantee described in subsection (a) shall notify the public of the establishment of the plan, provide an opportunity for public comments regarding the plan, consider any public comments received, and make the completed plan available to the public.
``(c) Contents.--Each allocation plan of a grantee described in subsection (a) shall comply with the following requirements:
``(1) APPLICATION REQUIREMENTS FOR ELIGIBLE RECIPIENTS.--The allocation plan shall set forth the requirements for eligible recipients to apply to the grantee to receive assistance from Trust Fund grant amounts of the grantee for use for eligible activities, including a requirement that each such application include--
``(A) a description of the eligible activities to be conducted using such assistance;
``(B) a certification by the eligible recipient applying for such assistance that any housing assisted with such grant amounts will comply with--
``(i) all of the requirements under this subtitle, including the targeting requirements under section 296(c) and the affordable housing requirements under section 297;
``(ii) section 808(d) of the Fair Housing Act (relating to the obligation to affirmatively further fair housing); and
``(iii) section 504 of the Rehabilitation Act of 1973 (relating to prohibition of discrimination on the basis of disability); and
``(C) in the case of any recipient who has received assistance from Trust Fund grant amounts in any previous fiscal year, a report on the progress made in carrying out the eligible activities funded with such previous assistance.
``(2) SELECTION PROCESS AND CRITERIA FOR ASSISTANCE.--
``(A) SELECTION PROCESS.--The allocation plan shall set forth a process for the grantee to select eligible activities meeting the grantee's priority housing needs for funding with Trust Fund grant amounts of the grantee, which shall comply with requirements for such process as the Secretary shall, by regulation, establish.
``(B) SELECTION CRITERIA.--The allocation plan shall set forth the factors for consideration in selecting among applicants that meet the application requirements established pursuant to paragraph (1), which shall provide for geographic diversity among eligible activities to be assisted with Trust Fund grant amounts of the grantee and shall include--
``(i) the merits of the proposed eligible activity of the applicant, including the extent to which the activity addresses housing needs identified in the allocation plan of the grantee and the applicable comprehensive housing affordability strategy or consolidated submission referred to in subsection (a)(3);
``(ii) the experience of the applicant, including its principals, in carrying out projects similar to the proposed eligible activity;
``(iii) the ability of the applicant to obligate grant amounts for the proposed eligible activities and to undertake such activities in a timely manner;
``(iv) the extent of leveraging of funds by the applicant from private and other non-Federal sources for carrying out the eligible activities to be funded with Trust Fund grant amounts, including assistance made available under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) that is devoted to the project that contains the affordable housing to be assisted with such assistance;
``(v) the extent of local assistance that will be provided in carrying out the eligible activities, including financial assistance;
``(vi) the efficiency of total project fund use as measured by the cost per unit of the proposal, as adjusted by factors which shall include whether the funding with Trust Fund grant amounts is for new construction, rehabilitation, preservation, or homeownership assistance, whether the project involves supportive housing, differences in construction and rehabilitation costs in different areas of the grantee, and other appropriate adjustments;
``(vii) the degree to which the project in which the affordable housing will be located will have residents of various incomes;
``(viii) the extent of employment and other economic opportunities for low-income families in the area in which the housing will be located;
``(ix) the extent to which the applicant demonstrates the ability to maintain dwelling units as affordable housing through the use of assistance made available under this subtitle, assistance leveraged from non-Federal sources, assistance made available under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), State or local assistance, programs to increase tenant income, cross-subsidization, and any other resources;
``(x) the extent to which the applicant demonstrates that the county in which the housing is to be located is experiencing an extremely low vacancy rate;
``(xi) the extent to which the percentage of the housing located in such county that is extremely old housing exceeds 35 percent;
``(xii) the extent to which the housing assisted with the grant amounts will be accessible to persons with disabilities;
``(xiii) the extent to which the applicant demonstrates that the affordable housing assisted with the grant amounts will be located in proximity to public transportation, job opportunities, child care, and community revitalization projects;
``(xiv) the extent to which the applicant has provided that assistance from grant amounts will be used for eligible activities relating to housing located in census tracts in which the number of families having incomes less than the poverty line is less than 20 percent;
``(xv) the extent to which the housing assisted with grant amounts will comply with energy efficiency standards and the national Green Communities criteria checklist for residential construction that provides criteria for the design, development, and operation of affordable housing, as the Secretary shall by regulation provide; and
``(xvi) the extent to which the design, construction, and operation of the housing assisted with grant amounts reduces utility costs for residents and thereby reduces their total housing cost.
A grantee may allocate a portion of funds under this section for use by such grantee for eligible activities pursuant to the selection process under subparagraph (A).
``(3) USE FOR FIRST RESPONDERS AND TEACHERS.--To the extent that Trust Fund grant amounts of a grantee are made available for eligible activities involving one- to four-family owner-occupied housing, the grantee may give preference in the use of such grant amounts to eligible activities relating to affordable housing for first responders, public safety officers, teachers, and other public employees who have family incomes such that such use of the grant amounts complies with the requirements
under section 296(c).
``(4) PERFORMANCE GOALS, BENCHMARKS, AND TIMETABLES.--The allocation plan shall include performance goals, benchmarks, and timetables for the grantee for the conducting of eligible activities with Trust Fund grant amounts that comply with requirements and standards for such goals, benchmarks, and timetables as the Secretary shall, by regulation, establish.
``(d) Review and Approval by Secretary.--
``(1) SUBMISSION.--A grantee described in subsection (a) shall submit an allocation plan for the fiscal year for which the grant is made to the Secretary not later than the expiration of the 6-month period beginning upon the notice of funding availability under section 294(b)(4) for such fiscal year amounts.
``(2) REVIEW AND APPROVAL OR DISAPPROVAL.--The Secretary shall review and approve or disapprove an allocation plan not later than the expiration of the 3-month period beginning upon submission of the plan.
``(3) STANDARD FOR DISAPPROVAL.--The Secretary may disapprove an allocation plan only if the plan fails to comply with requirements of this section or section 296.
``(4) RESUBMISSION UPON DISAPPROVAL.--If the Secretary disapproves a plan, the grantee may submit to the Secretary a revised plan for review and approval or disapproval under this subsection.
``(5) TIMING FOR FISCAL YEAR 2009.--With respect only to fiscal year 2009, the Secretary may extend each of the periods referred to in paragraphs (1) and (2), and the period referred to in section 294(i)(1)(A), by not more than 6 months.
``SEC. 296. USE OF ASSISTANCE BY RECIPIENTS.
``(a) Distribution to Recipients; Use Requirements.--Each grantee shall distribute Trust Fund grant amounts of the grantee to eligible recipients for use in accordance with this section. Trust Fund grant amounts of a grantee may be used, or committed for use, only for eligible activities that--
``(1) are conducted in the jurisdiction of the grantee;
``(2) in the case of a grantee that is a State, insular area, participating local jurisdiction, or grantee under section 294(i), comply with the allocation plan of the grantee under section 295;
``(3) are selected for funding by the grantee in accordance with the process and criteria for such selection established pursuant to section 295(c)(2); and
``(4) comply with the targeting requirements under subsection (c) of this section and the affordable housing requirements under section 297.
``(b) Eligible Recipients.--Trust Fund grant amounts of a grantee may be provided only to an organization, agency, or other entity (including a for-profit entity, a nonprofit entity, a faith-based organization, a community development financial institution, a community development corporation, and a State or local housing trust fund) that--
``(1) demonstrates the experience, ability, and capacity (including financial capacity) to undertake, comply, and manage the eligible activity;
``(2) demonstrates its familiarity with the requirements of any other Federal, State or local housing program that will be used in conjunction with such grant amounts to ensure compliance with all applicable requirements and regulations of such programs; and
``(3) makes such assurances to the grantee as the Secretary shall, by regulation, require to ensure that the recipient will comply with the requirements of this subtitle during the entire period that begins upon selection of the recipient to receive such grant amounts and ending upon the conclusion of all eligible activities that are engaged in by the recipient and funded with such grant amounts.
``(c) Targeting Requirements.--The targeting requirements under this subsection are as follows:
``(1) REQUIREMENT OF USE OF ALL AMOUNTS FOR AFFORDABLE HOUSING FOR LOW-INCOME FAMILIES.--All Trust Fund grant amounts of a grantee shall be distributed for use only for eligible activities relating to affordable housing that are for the benefit only of families whose incomes do not exceed 80 percent of the greater of--
``(A) the median family income for the area in which the housing is located, as determined by the Secretary with adjustments for smaller and larger families; and
``(B) the median family income for the State or insular area in which the housing is located, as determined by the Secretary with adjustments for smaller and larger families.
``(2) USE OF 75 PERCENT FOR AFFORDABLE HOUSING FOR EXTREMELY LOW-INCOME FAMILIES.--Not less than 75 percent of the Trust Fund grant amounts of a grantee for each fiscal year shall be used only for eligible activities relating to affordable housing that are for the benefit only of families whose incomes do not exceed the higher of--
``(A) 30 percent of the median family income for the area in which the housing is located, as determined by the Secretary with adjustments for smaller and larger families; and
``(B) the poverty line (as such term is defined in section 673 of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902), including any revision required by such section) applicable to a family of the size involved.
``(3) USE OF 30 PERCENT FOR AFFORDABLE HOUSING FOR VERY POOR FAMILIES.--Not less than 30 percent of the Trust Fund grant amounts of a grantee for each fiscal year shall be used only for eligible activities relating to affordable housing that are for the benefit only of families whose incomes do not exceed the maximum amount of income that an individual or family could have, taking into consideration any income disregards, and remain eligible for benefits under the Supplemental Security
Income program under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.).
``(4) LIMITATION FOR YEARS IN WHICH LESS THAN $2 BILLION IS AVAILABLE.--If, for any fiscal year, the total amount available pursuant to section 293(a) for assistance under this subtitle is less than $2,000,000,000, in addition to the other requirements under this subsection, all such amounts shall be used only for eligible activities relating to affordable housing that are for the benefit only of families whose incomes do not exceed 50 percent of the median family income for the area
in which the housing is located, as determined by the Secretary with adjustments for smaller and larger families.
``(5) REVIEW OF TARGETING REQUIREMENTS.--The Secretary shall assess the need for, and the appropriateness of, the requirements under paragraphs (1) through (3) and shall submit a report to the Congress on the results of the assessment not later than October 1, 2010, and not later than the expiration of the 5-year period beginning upon such date and each successive 5-year period thereafter. In each such report, the Secretary shall identify and
make recommendations regarding the continuation or adjustment of the targeting requirements in paragraphs (1) through (3).
``(d) Use for Rural Areas.--Of the Trust Fund grant amounts for any fiscal year for any grantee that is a State or participating local jurisdiction that includes any rural areas, the State or participating local jurisdiction shall use a portion for eligible activities located in rural areas that is proportionate to the identified need for such activities in such rural areas.
``(e) Cost Limits.--The Secretary shall establish limitations on the amount of Trust Fund grant amounts that may be used, on a per unit basis, for eligible activities. Such limitations shall be the same as the per unit cost limits established pursuant to section 212(e) (42 U.S.C. 12742(e)), as adjusted annually, and established by number of bedrooms, market area, and eligible activity.
``(f) Forms of Assistance.--
``(1) IN GENERAL.--Assistance may be distributed pursuant to this section in the form of--
``(A) capital grants, noninterest-bearing or low-interest loans or advances, deferred payment loans, guarantees, and loan loss reserves;
``(B) in the case of assistance for ownership of one- to four-family owner-occupied housing, downpayment assistance, closing cost assistance, and assistance for interest rate buy-downs; and
``(C) any other forms of assistance approved by the Secretary.
``(2) REPAYMENTS.--If a grantee awards assistance under this section in the form of a loan or other mechanism by which funds are later repaid to the grantee, any repayments and returns received by the grantee shall be distributed by the grantee in accordance with the allocation plan under section 295 for the grantee for the fiscal year in which such repayments are made or returns are received.
``(g) Coordination With Other Assistance.--In distributing assistance pursuant to this section, each grantee shall, to the maximum extent practicable, coordinate such distribution with the provision of other Federal, State, tribal, and local housing assistance, including--
``(1) in the case of any State, housing credit dollar amounts allocated by the State under section 42(h) of the Internal Revenue Code of 1986;
``(2) assistance made available under subtitles A through F (42 U.S.C. 12721 et seq.) or the community development block grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.);
``(3) private activity bonds;
``(4) assistance made available under section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g);
``(5) assistance made available under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o));
``(6) assistance made available under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.);
``(7) assistance made available under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111);
``(8) assistance made available from any State or local housing trust fund established to provide or assist in making available affordable housing; and
``(9) any other housing assistance programs.
``(h) Prohibited Uses.--The Secretary shall--
``(1) by regulation, set forth prohibited uses of grant amounts under this subtitle, which shall include use for--
``(A) political activities;
``(B) advocacy;
``(C) lobbying, whether directly or through other parties;
``(D) counseling services;
``(E) travel expenses; and
``(F) preparing or providing advice on tax returns;
``(2) by regulation, provide that, except as provided in paragraph (3), grant amounts under this subtitle may not be used for administrative, outreach, or other costs of--
``(A) a grantee; or
``(B) any recipient of such grant amounts; and
``(3) by regulation, limit the amount of any Trust Fund grant amounts for a fiscal year that may be used for administrative costs of the grantee of carrying out the program required under this subtitle to a percentage of such grant amounts of the grantee for such fiscal year, which may not exceed 10 percent.
``(i) Labor Standards.--Each grantee receiving Trust Fund grant amounts shall ensure that contracts for eligible activities assisted with such amounts comply with the same requirements under section 286 (42 U.S.C. 12836) that are applicable to contracts for construction of affordable housing assisted under subtitles A and D.
``(j) Compliance With Other Federal Laws.--All amounts from the Trust Fund shall be allocated in accordance with, and any eligible activities carried out in whole or in part with grant amounts under this subtitle (including housing provided with such grant amounts) shall comply with and be operated in compliance with, other applicable provisions of Federal law, including--
``(1) laws relating to tenant protections and tenant rights to participate in decision making regarding their residences;
``(2) laws requiring public participation, including laws relating to Consolidated Plans, Qualified Allocation Plans, and Public Housing Agency Plans; and
``(3) fair housing laws and laws regarding accessibility in federally assisted housing, including section 504 of the Rehabilitation Act of 1973.
``SEC. 297. AFFORDABLE HOUSING.
``(a) Rental Housing.--A rental dwelling unit (which may include a dwelling unit in limited equity cooperative housing, as such term is defined in section 143(k) of the Internal Revenue Code of 1986 (26 U.S.C. 143(k)) or in housing of a cooperative housing corporation, as such term is defined in section 216(b) of the Internal Revenue Code of 1986 (26 U.S.A. 216(b))), shall be considered affordable housing for purposes of this subtitle only if the dwelling unit is subject to legally
binding commitments that ensure that the dwelling unit meets all of the following requirements:
``(1) RENTS.--The dwelling unit bears a rent not greater than the lesser of--
``(A) the existing fair market rental established by the Secretary under section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)) for a dwelling unit of the same size in the same market area, or the applicable payment standard for assistance under section 8(o) of such Act, if higher; and
``(B) a rent that does not exceed 30 percent of the adjusted income of a family whose income equals 65 percent of the median income for the area, as determined by the Secretary, with adjustment for number of bedrooms in the unit, except that the Secretary may establish income ceilings higher or lower than 65 percent of the median for the area on the basis of the findings of the Secretary that such variations are necessary because of prevailing levels of construction costs or fair market rents,
or unusually high or low family incomes.
``(2) TENANT RENT CONTRIBUTION.--The contribution toward rent by the family residing in the dwelling unit will not exceed 30 percent of the adjusted income of such family.
``(3) NON-DISCRIMINATION AGAINST VOUCHER HOLDERS.--The dwelling unit is located in a project in which all dwelling units are subject to enforceable restrictions that provide that a unit may not be refused for leasing to a holder of a voucher of eligibility under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) because of the status of the prospective tenant as a holder of such voucher.
``(4) MIXED INCOME.--
``(A) IN GENERAL.--The dwelling unit is located in a project--
``(i) that receives assistance under this subtitle; and
``(ii) for which not more than 50 percent of the rental units in the project that are not previously occupied may be rented initially only to families with incomes described in section 296(c)(2), as determined at a reasonable time before occupancy.
``(B) REHABILITATION.--In the case of a dwelling unit in a project for which Trust Fund grant amounts are used for the rehabilitation of the project, the dwelling unit is located in a project in which the percentage of units being rented upon completion of the rehabilitation to families with incomes described in section 296(c)(2) may not exceed the higher of 50 percent or the percentage of such families occupying the project at the time funds are awarded for such project.
``(C) EXCEPTIONS.--Subparagraph (A) shall not apply in the case of a project that--
``(i) has 25 or fewer dwelling units and that is--
``(I) located in a census tract in which the number of families having incomes less than the poverty line is less than 20 percent;
``(II) located in a rural area, as such term is defined in section 520 of the Housing Act of 1949 (42 U.S.C. 1490); or
``(III) specifically made available only for households comprised of disabled families; or
``(ii) is specifically made available only for households comprised of elderly families.
``(5) VISITABILITY.--To the extent the dwelling unit is not required under Federal law to comply with standards relating to accessibility to persons with disabilities, the dwelling unit complies with such basic visitability standards as the Secretary shall by regulation provide.
``(6) DURATION OF USE.--The dwelling unit will continue to be subject to all requirements under this subsection for not less than 50 years.
``(b) Owner-Occupied Housing.--For purposes of any eligible activity involving one- to four-family owner-occupied housing (which may include housing of a cooperative housing corporation, as such term is defined in section 216(b) of the Internal Revenue Code of 1986 (26 U.S.C. 216(b))), such a residence shall be considered affordable housing for purposes of this subtitle only if--
``(1) in the case of housing to be made available for purchase--
``(A) the housing is available for purchase only for use as a principal residence by families that qualify as first-time homebuyers, as such term is defined in section 104 (42 U.S.C. 12704), except that any reference in such section to assistance under title II of this Act shall for purposes of this section be considered to refer to assistance from Trust Fund grant amounts;
``(B) the housing has an initial purchase price that meets the requirements of section 215(b)(1); and
``(C) the housing is subject to the same resale restrictions established under section 215(b)(3) and applicable to the participating jurisdiction that is the State in which such housing is located; and
``(2) the housing is made available for purchase only by, or in the case of assistance to a homebuyer pursuant to this subsection, the assistance is made available only to, homebuyers who have, before purchase, completed a program of counseling with respect to the responsibilities and financial management involved in homeownership that is approved by the Secretary and includes counseling regarding financial literacy, strategies to save money, qualifying for a mortgage loan, methods to avoid
predatory lenders and foreclosure, and, where appropriate by region, any requirements and costs associated with obtaining flood or other disaster-specific insurance coverage; except that the Secretary may, at the request of a State, waive the requirements of this paragraph with respect to a geographic area or areas within the State if--
``(A) the travel time or distance involved in providing counseling with respect to such area or areas, as otherwise required under this paragraph, on an in-person basis is excessive or the cost of such travel is prohibitive; and
``(B) the State provides alternative forms of counseling for such area or areas, which may include interactive telephone counseling, on-line counseling, interactive video counseling, and interactive home study counseling and a program of financial literacy and education to promote an understanding of consumer, economic, and personal finance issues and concepts, including saving for retirement, managing credit, long-term care, and estate planning and education on predatory lending, identity theft,
and financial abuse schemes relating to homeownership that is approved by the Secretary, except that entities providing such counseling shall not discriminate against any particular form of housing.
``(c) Priority for Families on Section 8 or Public Housing Waiting List for 12 Months or Longer.--A dwelling unit in rental housing or owner-occupied housing shall be considered affordable housing for purposes of this subtitle only if the dwelling unit is subject to such requirements, as the Secretary shall provide, to ensure that priority for occupancy in or, in the case of owner-occupied housing, purchase of, the dwelling unit is provided to families who are eligible for rental assistance
under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) or occupancy in public housing assisted under such Act, and have applied to a public housing agency for such assistance or occupancy, as applicable, and been on a waiting list of a public housing agency for such assistance or occupancy, as applicable, for at least 12 consecutive months.
``SEC. 298. OTHER PROVISIONS.
``(a) Effect of Assistance Under Program.--Notwithstanding any other provision of law, the provision of assistance under this subtitle for a project shall not reduce the amount of assistance for which such project is otherwise eligible under subtitles A through F of this title, if the project does not exceed the cost limits established pursuant to section 296(e).
``(b) Accountability of Grantees and Recipients.--
``(1) RECIPIENTS.--
``(A) TRACKING OF FUNDS.--The Secretary shall--
``(i) require each grantee to develop and maintain a system to ensure that each recipient of assistance from Trust Fund grant amounts of the grantee uses such amounts in accordance with this subtitle, the regulations issued under this subtitle, and any requirements or conditions under which such amounts were provided; and
``(ii) establish minimum requirements for agreements, between the grantee and recipients, regarding assistance from the Trust Fund grant amounts of the grantee, which shall include--
``(I) appropriate continuing financial and project reporting, record retention, and audit requirements for the duration of the grant to the recipient to ensure compliance with the limitations and requirements of this subtitle and the regulations under this subtitle; and
``(II) any other requirements that the Secretary determines are necessary to ensure appropriate grant administration and compliance.
``(B) MISUSE OF FUNDS.--
``(i) REIMBURSEMENT REQUIREMENT.--If any recipient of assistance from Trust Fund grant amounts of a grantee is determined, in accordance with clause (ii), to have used any such amounts in a manner that is materially in violation of this subtitle, the regulations issued under this subtitle, or any requirements or conditions under which such amounts were provided--
``(I) such recipient shall be ineligible for any further assistance from any Trust Fund grant amounts of any grantee during the period that begins upon such determination and ends upon reinstatement by the Secretary of the eligibility of recipient for such assistance, except that the Secretary may reinstate such an ineligible recipient only pursuant to application by the recipient for such reinstatement and the recipient may not apply to the Secretary for such reinstatement during the 12-month
period, or the 10-year period in the case of a second or subsequent such determination, beginning upon such determination; and
``(II) the grantee shall require that, within 12 months after the determination of such misuse, the recipient shall reimburse the grantee for such misused amounts and return to the grantee any amounts from the Trust Fund grant amounts of the grantee that remain unused or uncommitted for use.
The remedies under this clause are in addition to any other remedies that may be available under law.
``(ii) DETERMINATION.--A determination is made in accordance with this clause if the determination is--
``(I) made by the Secretary; or
``(II)(aa) made by the grantee;
``(bb) the grantee provides notification of the determination to the Secretary for review, in the discretion of the Secretary, of the determination; and
``(cc) the Secretary does not subsequently reverse the determination.
``(2) GRANTEES.--
``(A) REPORT.--
``(i) IN GENERAL.--The Secretary shall require each grantee receiving Trust Fund grant amounts for a fiscal year to submit a report, for such fiscal year, to the Secretary that--
``(I) describes the activities funded under this subtitle during such year with the Trust Fund grant amounts of the grantee;
``(II) describes the manner in which the grantee complied during such fiscal year with the allocation plan established pursuant to section 295 for the grantee; and
``(III) certifies the number of total dwelling units of affordable housing that were constructed, preserved, or rehabilitated during such fiscal year with assistance from Trust Funds grant amounts of the grantee comply with widely accepted standards for green building.
``(ii) PUBLIC AVAILABILITY.--The Secretary shall make such reports pursuant to this subparagraph publicly available.
``(B) MISUSE OF FUNDS.--If the Secretary determines, after reasonable notice and opportunity for hearing, that a grantee has failed to comply substantially with any provision of this subtitle and until the Secretary is satisfied that there is no longer any such failure to comply, the Secretary shall--
``(i) reduce the amount of assistance under this section to the grantee by an amount equal to the amount of Trust Fund grant amounts which were not used in accordance with this subtitle;
``(ii) require the grantee to repay the Secretary an amount equal to the amount of the Trust Fund grant amounts which were not used in accordance with this subtitle;
``(iii) limit the availability of assistance under this subtitle to the grantee to activities or recipients not affected by such failure to comply; or
``(iv) terminate any assistance under this subtitle to the grantee.
``(c) Green Housing Clearinghouse.--
``(1) ESTABLISHMENT.--The Secretary shall establish a clearinghouse of information relating to green building techniques to provide grantees and recipients of Trust Fund amounts information regarding use of Trust Fund grant amounts in a manner that increases the efficiency of buildings and their use of energy, water, and materials, and reducing building impacts on human health and the environment, through better siting, design, construction, operation, maintenance, and removal, including
information regarding best practices and technical recommendations.
``(2) ACCESS THROUGH INTERNET.--The Secretary shall make the information of the clearinghouse available by means of the Internet.
``SEC. 299. DEFINITIONS.
``For purposes of this subtitle, the following definitions shall apply:
``(1) ELIGIBLE ACTIVITIES.--The term `eligible activities' means activities relating to the construction, preservation, or rehabilitation of affordable rental housing or affordable one- to four-family owner-occupied housing, including--
``(A) the construction of new housing;
``(B) the acquisition of real property;
``(C) site preparation and improvement, including demolition;
``(D) rehabilitation of existing housing;
``(E) use of funds to facilitate affordability for homeless and other extremely low-income households of dwelling units assisted with Trust Fund grant amounts, in a combined amount not to exceed 20 percent of the project grant amount, for--
``(i) project-based rental assistance for not more than 12 months for a project assisted with Trust Fund grant amounts;
``(ii) project operating reserves for use to cover the loss of rental assistance or in conjunction with a project loan; or
``(iii) project operating accounts used to cover net operating income shortfalls for dwelling units assisted with Trust Fund grant amounts;
``(F) use of funds to facilitate affordability for families having incomes described in section 296(c)(3), in a combined amount for a grantee in any fiscal year not to exceed 10 percent of the aggregate Trust Fund grant amounts provided to the grantee for such fiscal year, for project operating accounts used to cover net operating income shortfalls for dwelling units assisted with Trust Fund grant amounts;
``(G) providing incentives to maintain existing housing (including manufactured housing) as affordable housing and to establish or extend any low-income affordability restrictions for such housing, including covering capital expenditures and costs of establishing community land trusts to provide sites for manufactured housing provided such incentives; and
``(H) in the case of affordable one- to four-family owner-occupied housing, downpayment assistance, closing cost assistance, and assistance for interest rate buy-downs.
``(2) ELIGIBLE RECIPIENT.--The term `eligible recipient' means an entity that meets the requirements under section 296(b) for receipt of Trust Fund grant amounts of a grantee.
``(3) EXTREMELY LOW VACANCY RATE.--The term `extremely low vacancy rate' means a housing or rental vacancy rate of 2 percent or less.
``(4) EXTREMELY OLD HOUSING.--The term `extremely old housing' means housing that is 45 years old or older.
``(5) 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)).
``(6) FISCAL DISTRESS; SEVERE FISCAL DISTRESS.--The terms `fiscal distress' and `severe fiscal distress' have the meanings given such terms in section 220(d).
``(7) GRANTEE.--The term `grantee' means--
``(A) a State, insular area, or participating local jurisdiction for which a grant is made under section 294(e);
``(B) an Indian tribe for which a grant is made under section 294(g); or
``(C) a nonprofit or public entity for which a grant is made under section 294(i).
``(8) INDIAN TRIBE.--The term `Indian tribe' means a federally recognized Indian tribe.
``(9) INSULAR AREA.--The term `insular area' has the meaning given such term in section 104.
``(10) PARTICIPATING LOCAL JURISDICTION.--The term `participating local jurisdiction' means, with respect to a fiscal year--
``(A) any unit of general local government (as such term is defined in section 104 (42 U.S.C. 12704) that qualifies as a participating jurisdiction under section 216 (42 U.S.C. 12746) for such fiscal year; and
``(B) at the option of such a consortium, any consortium of units of general local governments that is designated pursuant to section 216 (42 U.S.C. 12746) as a participating jurisdiction for purposes of title II.
``(11) POVERTY LINE.--The term `poverty line' has the meaning given such term in section 673(2) of the Omnibus Budget Reconciliation Act of 1981, including any revision required by such section.
``(12) RECIPIENT.--The term `recipient' means an entity that receives assistance from a grantee, pursuant to section 296(a), from Trust Fund grant amounts of the grantee.
``(13) RURAL AREA.--The term `rural area' has the meaning given such term in section 520 of the Housing Act of 1949 (42 U.S.C. 1490).
``(14) SECRETARY.--The term `Secretary' means the Secretary of Housing and Urban Development.
``(15) STATE.--The term `State' has the meaning given such term in section 104.
``(16) TRUST FUND.--The term `Trust Fund' means the National Affordable Housing Trust Fund established under section 292.
``(17) TRUST FUND GRANT AMOUNTS.--The term `Trust Fund grant amounts' means amounts from the Trust Fund that are provided to a grantee pursuant to subsection (e), (g), or (i) of section 294.
``SEC. 299A. INAPPLICABILITY OF HOME PROVISIONS.
``Except as specifically provided otherwise in this subtitle, no requirement under, or provision of, title I or subtitles A through F of this title shall apply to assistance provided under this subtitle.
``SEC. 299B. REGULATIONS.
``Not later than 6 months after the date of enactment of the National Affordable Housing Trust Fund Act of 2008, the Secretary of Housing and Urban Development shall promulgate regulations to carry out this subtitle, which shall include regulations establishing the affordable housing needs formula in accordance with section 294(a).
``SEC. 299C. BENEFITS.
``Nothing in this subtitle allows any payments under this subtitle for any individual or head of household that is not a legal resident.''.
(b) Conforming Amendment.--Section 201 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701 note) is amended by striking ``This title'' and inserting ``Subtitles A through F of this title''.
(As printed in the Congressional Record for the Senate on Apr 3, 2008.)
